HomeMy WebLinkAboutMC-1381 Adopted: November 19, 2012
Effective: December 19, 2012
ORDINANCE NO. Mc-1381
1
2 ORDINANCE OF THE CITY OF SAN BERNARDINO TO AMEND TITLE 19
OF THE SAN BERNARDINO MUNICIPAL CODE, LAND USE/SUBDIVISION
3 REGULATIONS, ALSO KNOWN AS THE SAN BERNARDINO DEVELOPMENT
4 CODE, TO BRING THE DEVELOPMENT CODE INTO COMPLIANCE WITH
CERTAIN STATE LAWS AND THE SAN BERNARDINO GENERAL PLAN, TO
5 ADD LAND USE DEFINITIONS AND AMEND DEVELOPMENT AND
ADMINISTRATION PROCESSES STANDARDS WITHIN THE DEVELOPMENT
6 CODE.
7 WHEREAS, the current Development Code was initially implemented in 1991, and
8 since that time, many amendments have been made throughout the document; and
9
10 WHEREAS, amendments that were made to one section of the Development Code
may not have been made to others, resulting in inconsistencies among the various parts of the
11 Code; and
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13 WHEREAS, since 1991, there has been a need to update the Development Code with
14 regard to the regulations of other agencies, particularly the state of California(i.e., with regard
15 to laws governing the permitting of solar energy projects and handicap-accessible parking),
new types of businesses that may not have previously been considered, etc.; and
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17 WHEREAS, this in turn, has resulted in portions of the Development Code becoming
18 difficult to enforce, which can result in misinformation and a loss of consistent, high quality
19 customer service; and
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WHEREAS, to provide better and more efficient customer service to the community
21 as a whole, amendments to the way in which certain applications are processed are proposed;
22 and
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24 WHEREAS, on August 28, 2012, September 18, 2012 and October 16, 2012, the
25 Legislative Review Committee reviewed and unanimously recommended that the proposed
amendments (Attachment A)be moved to the Planning Commission; and
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27 WHEREAS, on September 26, 2012, the Planning Commission of the City of San
28 Bernardino held a noticed public hearing to consider public testimony and the staff reports
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1 recommending proposed amendments to the City Municipal Code, and unanimously
recommended approval of the proposed Development Code Amendments to the Mayor and
2 Common Council; and
3
4 WHEREAS, notice of the public hearing for the Mayor and Common Council's
5 consideration of the proposed Ordinance was published in The Sun newspaper on October 24,
6 2012.
7 NOW THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE CITY OF
8 SAN BERNARDINO DO ORDAIN AS FOLLOWS:
9 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
10 BERNARDINO DO ORDAIN AS FOLLOWS:
11 SECTION 1. The Mayor and Common Council finds that the above-stated Recitals
12 are true and hereby adopts and incorporates them herein.
13 SECTION 2. Findings of Fact.
14
15 A. The proposed amendment is consistent with the General Plan. The General
Plan Land Use Map (Figure LU-2) was updated with the rest of the General Plan in 2005. As
16 a result of this update, several former land use categories were either combined into one
17 category (i.e., Residential Urban (RU)-1 and RU-2 became "RU") or eliminated altogether
18 (i.e., Commercial Neighborhood (CN). The proposed amendment will ensure that the
19 Development Code is updated to be consistent with the list of land use districts currently
20 called out in the General Plan Land Use Map.
21 B. The proposed amendment would not be detrimental to the public interest,
22 health, safety, convenience, or welfare of the City. The proposed amendment by itself will
23 not directly result in development and therefore, will not be detrimental to the public health or
24 safety. The proposed amendment will result in revised development application processes,
25 such as the establishment of Minor Use Permits and the requirement to bring Tentative Parcel
Maps to the D/ERC, rather than the Planning Commission. Further, the proposed amendment
26 will eliminate inconsistencies found throughout the Development Code, and bring the
27 Development Code into compliance with state laws that have been passed since the Code was
28 adopted(i.e., regulations for solar projects). These revisions to the Code will enable City staff
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1 to process Development Code-related inquiries and development applications more effectively
and efficiently, and will make the Code more user-friendly, thus improving upon the public
2 interest, convenience and welfare in the City.
3
4 SECTION 3. The amendments to Title 19 of the San Bernardino Municipal Code,
5 Land Use/Subdivision Regulations, also known as the San Bernardino Development Code
6 attached hereto as Exhibit A, and incorporated herein by reference, are hereby approved.
7 SECTION 4. Compliance with the California Environmental Quality Act: The
8 Mayor and Common Council finds that the proposed Ordinance amending Title 19 of the
9 Municipal Code (Development Code) is exempt from the California Environmental Quality
Act (CEQA) pursuant to Section 15061(b)(3) of the CEQA Guidelines, as an action that will
10 not result in a direct or reasonably foreseeable indirect physical change in the environment.
11
12 SECTION 5. Severability: If any section, subsection, subdivision, sentence, or
clause or phrase in this Ordinance or any part thereof is for any reason held to be
13 unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision
14 shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any
15 part thereof The Mayor and Common Council hereby declares that it would have adopted
16 each section irrespective of the fact that any one or more subsections, subdivisions, sentences,
17 clauses, or phrases be declared unconstitutional, invalid, or ineffective.
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MC-1381
1 ORDINANCE OF THE CITY OF SAN BERNARDINO TO AMEND TITLE 19 OF
THE SAN BERNARDINO MUNICIPAL CODE, LAND USE/SUBDIVISION
2 REGULATIONS, ALSO KNOWN AS THE SAN BERNARDINO DEVELOPMENT
CODE, TO BRING THE DEVELOPMENT CODE INTO COMPLIANCE WITH
3 CERTAIN STATE LAWS AND THE SAN BERNARDINO GENERAL PLAN, TO
4 ADD LAND USE DEFINITIONS AND AMEND DEVELOPMENT AND
ADMINISTRATION PROCESSES STANDARDS WITHIN THE DEVELOPMENT
5 CODE.
6 I HEREBY CERTIFY that the foregoing ordinance was duly adopted by the Mayor
7 and
8 Common Council of the City of San Bernardino at a i oint reg. meeting thereof, held on
the 19th day of November , 2012, by the following vote to wit:
9
Council Members: AYES NAYS ABSTAIN ABSENT
10 MARQUEZ x
11 JENKINS x
12 VALDIVIA
13 SHORED"
KELLEY
14 JOHNSON x
15 MC CAMMACK x
16
17 hL
18 George Hanna, City Clerk
19
20 The foregoing Ordinance is hereby approved this 01-8 day of November
2012.
21
22
23 11.
' CK J. MORRIS,Mayor
24 Approved as to form: a of San Bernardino
25
26 JAMES F. PENMAN
City Attorney
27
28 ia.�,y - ..,+�`o..6.LA✓F �7i"f.
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EXHIBIT A
NOTE: This document only includes sections of the Development Code proposed to be
revisited. All other code Sections will remain as-is, with the exception of re-
numbering where applicable.
19.02.050 DEFINITIONS
Accessory Use. A use that is incidental to the principal use on the same lot.
Animal Boarding. The provision of overnight shelter and care for small animals on a
commercial basis. This classification includes activities such as feeding, exercising, training,
grooming, and incidental medical care.
Automotive Stereo Shops. Establishments that either exclusively or as a substantial portion
(+50%) of their floor area, sell and install automotive stereos and accessories. This category shall
not apply to the establishment of a new Automotive Stereo shop in the Auto Center Plaza area.
Banquet Hall. An establishment operated for profit wherein the facilities are leased on a
temporary basis for private wedding receptions, parties, banquets, and other similar events. Such
events shall not be open to the general public and may include food preparation facilities and
areas for dancing, dining and other entertainment, including live entertainment, activities
customarily found in association with banquets or receptions.
Bar. An establishment that provides on-site alcoholic beverage sales for drinking on the
premises and does not admit persons under the age of twenty-one (21). This classification
includes businesses with Alcoholic Beverage Control (ABC) licenses of 40, 42, 48, 49 or 61.
Blood Bank. A place where blood is collected from donors, typed, separated into components,
stored, and prepared for transfusion to recipients. A blood bank may be a separate free-standing
facility or part of a larger laboratory in a hospital, and may also include plasma centers.
Check-Cashing, Cash Advance, and Loan Facilities. Establishments that engage, in whole or in
part, in the business of cashing checks, warrants, drafts, money orders, or other commercial paper
serving the same purpose, such facilities do not include a state or federally chartered bank, savings
and loan association, credit union, or industrial loan company.
1. This category shall include any business licensed by the California Commissioner of
Corporations to make deferred deposit transactions pursuant to California Financial Code
Section 23000 et seq., sometimes referred to as "payday advance," "cash advance," or
"payday loan"services.
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2. This category shall not include any ancillary check-cashing facility that is located entirely
within a major retailer over 15,000 square feet in size.
Convalescent Home. A place of residence for people who require constant nursing care and
have significant deficiencies with activities of daily living. Residents may include the elderly
and younger adults with physical or mental disabilities. Residents in a convalescent home or
skilled nursing facility may also receive physical, occupational, and other rehabilitative therapies
following an accident or illness.
Convenience Store. The retail sale of groceries, staples, sundry items, and/or alcoholic beverages
where the gross floor area is less than 5,000 square feet. This category shall not include any
convenience store located on the same parcel with an automobile service station.
Day Care Home, Children. A single-family residence, which is occupied and used as such and
provides family day care to children under 18 years of age. Day care home includes:
Day Care Home - Small Family. The use of a single-family residence to provide family
day care to 8 or fewer children, including children under the age of 10 years who reside
at the home, in conformance with California Code of Regulations Title 22, Division 12.
Day Care Home - Large Family. The use of a single-family
residence to provide family day care to 9-14 children, inclusive, including children under
the age of 10 years who reside at the home, in conformance with California Code of
Regulations Title 22, Division 12.
Educational Service. A private educational institution, such as a charter school, university, etc.,
but does not include a vocational/trade/tech school.
Fraternity/Sorority House. A building rented or owned, and occupied by a regularly organized
college fraternity or sorority as a place of residence.
Fuel Dealer. A business that sells heating oil, propane and other fuels directly to end users.
Business operations may include deliveries of fuel to customers. Fuel dealers are separate uses
from automobile service stations.
Health/Athletic Club. An establishment with equipment for exercise and physical conditioning.
This classification includes spas, gyms, tennis clubs, racquet ball clubs, pools, diet centers,
reducing salons, fitness studios, health studios, and massage therapy as an accessory use to
another health and fitness center use.
Liquor Stores. A retail store principally involved in the business of selling alcoholic beverages,
including "hard liquor," where sold for the consumption off the premises. This classification
includes stores or facilities that are covered by a State license for "general alcohol sales" (Class
21 ABC license).
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Live-Work. A structure or complex of structures that integrates space for both residential and
nonresidential uses within an individual unit. Nonresidential uses should operate with limited
noise, odor and other similar impacts, consistent with applicable City ordinances.
Mini-Mall. Small-scale, up to 30,000 square feet,multi-tenant shopping center.
Multi-Family Residential. Three (3) or more dwelling units in a single building on a site.
Neighborhood Grocery Store. A full-service grocery store ranging in size from 5,001 to
15,000 square feet in gross floor area, that sells fresh fruit, vegetables, meat and fish, has food
prepared on-site, and which may or may not sell alcohol.
Nurseries/Garden Supplies. Establishments that sell plants and related items (hoses,
hardscaping materials, fountains, fertilizer, etc.) in which all merchandise other than plants is
kept within an enclosed building or a fully screened enclosure, and fertilizer of any type is stored
and sold in package form only.
Party Supply Stores. Establishments that either exclusively or as a substantial portion of their
floor area, sell or rent party supplies and equipment. This category shall not include party supply
stores of at least 2,500 square feet and located in a multi-tenant center of at least 20,000 square feet,
or party supply stores established in a single-tenant building of at least 10,000 square feet of floor
area;and approved under a Conditional Use Permit.
Pawn Shops. Businesses that loan money or other items of value to any person, firm or
corporation, upon any personal property, personal security or the purchasing of personal property
and reselling or agreeing to resell such articles at prices previously agreed upon. This category shall
not include any legally established pawnshop in an unreinforced masonry building to be relocated to
another building within 50 feet of the current location.
Repairs/Services, Miscellaneous. Small-scale businesses under 5,000 square feet in gross floor
area, which provide on-site repair and service of items, such as computers, appliances,
electronics, plumbers, etc., but excluding vehicle repair and the installation of vehicle
components, such as car stereos, window tinting, etc.
Restaurant,Take-Out Only. A use providing preparation and retail sale of food and beverages,
as defined under"Restaurant", but which contains no seating area for eat-in or outdoor dining.
Recycling Center. Small collection facilities which occupy an area of less than 500 square feet,
and which accept by donation, redemption or purchase, recyclable materials from the public,
unless required as a Certified Recycling Center by the California Public Resources Code, or
donation drop boxes operated by a valid non-profit organization.
Second Hand Stores/Thrift Stores. Establishments that sell used merchandise such as clothing
and shoes, household furniture, home furnishings and appliances, books and magazines, office
furniture, used musical instruments, used phonographs and records, used fixtures and equipment,
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including re-sale shops, consignment shops, and similar businesses. This category shall not include
the following:
I. Stores owned or operated by existing entities recognized as non-profit by the Secretary of
State of the State of California,and in"good status"with the same.
2. Antique Stores—An antique, for the purposes of this ordinance, shall be a work of art,piece
of furniture, decorative object, or the like, of or belonging to the past, and at least 50 years
old. This includes any premise used for the sale or trade of articles of which 90% or more
are over 50 years old or have collectible value.
3. Existing, legally established indoor concession malls and outdoor swap meets, unless
otherwise prohibited.
Self-service Laundry. Any commercial establishment providing the use of self-service washing
machines and dryers to the public, usually coin-operated. This category shall not include self-
service laundries approved under a Conditional Use Permit to be established in a multi-tenant center
of at least 20,000 square feet.
Single-Price Overstock/Discount Store. Establishments that sell a broad range of outlet, close-
out, discontinued, liquidation, or overstock merchandise, and primarily at a single discount price in
the low and very low price ranges, including but not limited to food stuffs, alcoholic beverages,
apparel and accessories, costume jewelry, notions and wares, housewares, fountain refreshments,
and toys. This category shall not include single-price overstock discount stores containing a
minimum floor area of 9,000 square feet in size and approved under a Conditional Use Permit.
Smoke Shops. Establishments that either exclusively or as a substantial portion (+50%) of their
floor area, sell cigarettes,cigars,pipes,bongs,tobacco,and related paraphernalia.
Specialty Food Stores. Retail stores specializing in particular or distinctive food items, including
but not limited to retailers whose primary business maintains an inventory of gourmet, health, or
ethnic food items not commonly found in area supermarkets or convenience stores, with no alcohol
sales nomemore than 15 percent of the gross floor area devoted to the sale of related accessory
items.
Supermarket. A full-service, self-service retail store, larger than 15,000 square feet in gross
floor area,which sells food and household supplies.
Tattoo Parlors and/or Body Piercing Studios. Establishments that engage in any method of
placing permanent designs, letters, scrolls, figures, symbols, or any other marks upon or under the
skin with ink or any other substance, by the aid of needles or any other instruments designed to
touch or puncture the skin,resulting in either the coloration of the skin, or the production of scars or
scarring and/or establishments that create an opening in the body of a person for the purpose of
inserting jewelry or other decoration. This category shall not include licensed physicians, nurses,
electrologists,and cosmetologists and shall also not include jewelry stores that offer ear piercing.
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Tire Stores. Establishments less than 5,000 square feet in size which sell new and/or used
automobile tires and accessories. This category shall not include legally established service stations
and auto repair facilities.
Transit Center. A passenger station for bus and rail mass transit systems including bus bays,
railway platforms, administrative offices, security, quasi-public meeting rooms, public waiting
areas, public restrooms; also providing minor ancillary services for administrative purposes
and/or maintenance of vehicles or trains and provision for supportive paratransit services.
Transportation/Distribution. Establishments whose sole purpose is to provide for the
consolidation, division and/or distribution of bulk goods through the use of large trucks and trailers.
This classification includes cross-dock trucking uses, which have only minimal warehousing
facilities.
Truck Stop. A commercial facility that provides fuel, parking and usually food and other
services to long-haul trucks. Truck stops are usually located on or near a busy road and consist of
a diesel grade fueling station with bays wide and tall enough for modern tractor/trailer rigs and
have a large enough parking area to accommodate trucks or other heavy vehicles. Auto-related
services, similar to automobile service stations may or may not also be an incidental use within
the truck stop.
Veterinary Services. Any facility used for the purpose of giving licensed medical treatment to
animals or pets and any other customarily incidental treatment of the animals, such as grooming,
or selling of pet supplies, and which may or may not provide boarding.
19.02.060 ESTABLISHMENT OF LAND USE ZONING DISTRICTS
1. ESTABLISHMENT OF ZONING DISTRICTS
San Bernardino shall be divided into land use zoning districts which consistently implement
the General Plan. The following zoning districts are established:
RU (Residential Urban)District
CO (Commercial Office)District
CG-2 (Commercial General-2)District
CG-3 (Commercial General-3)District
OS (Open Space) District
RSH (Residential Student Housing)District
UBP (University Business Park)District(UBP-1,UBP-2,UBP-3)
19.04.020 PERMITTED, DEVELOPMENT PERMITTED AND
CONDITIONALLY PERMITTED USES
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The following list represents those uses in the residential districts which are Permitted(P), subject to
an Administrative or Development Permit(D), a Conditional Use Permit(C), a Fence Permit(F) or
Prohibited(X):
TABLE 04.01
PERMITTED,DEVELOPMENT PERMITTED,AND
CONDITIONALLY PERMITTED USES
1. Residential Uses RE RL RS RU RM RMH RH RSH
F. Day Care Homes, Family
8 or less children P P P P P P P X
9 to 14 children D D D D D D D X
N. Planned Residential Dev. X X X D D D D X
O. Second Dwelling Unit P P P P P P P
S. Small Lot Subdivision X X X DD D D X
5. Accessory Uses
B. Fences and Walls F F F F F F F X
C. Garage P P P P P P P X
D. Garage Sales D D D D X X X X
F. Patio/Gazebo P P P P P P P X
G. Storage P P P P P P P X
6. Other
E. Social Service Uses/Centers X X X X C C C C
TABLE 04.02
RESIDENTIAL DEVELOPMENT STANDARDS
Standard RE RL RS RU RM RMH RH RSH CO-1.2 GC-2 CR-2
Lot Area Max.Units/
Net Acre 1 3.5 4.5 8 12 24 31 20 I2W/21E 47
12 Sr. 18 Sr. 36 Sr. 47 Sr.(60 Bednns)47 Sr.18W/31ESr. 130 Sr.
Lot Area(s.f.) I ac. 10,800ay.7,200 7,200 (1)14,400(2)20,000(3)20,000(3)5 ac. I ac. 1 ac. 1 ac-R
(Mm.required for 9,720 min 20,000MU
new development
(2) The min lot size may be less than 14,400 s.f for parcels existing prior to November I,2012:
(3) The min lot size may be less than 20,000 s.f.for parcels existing prior to November 1,2012.
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TABLE 04.03
RESIDENTIAL DISTRICTS SPECIFIC STANDARDS
Specific Standards RE RL RS RU RM RMH RH RSH CO-1,2 CG-2 CR-2
P. Single Dwelling Unit + + + + + + +
19.04.030 LAND USE DISTRICT DEVELOPMENT STANDARDS
2. LAND USE DISTRICT SPECIFIC STANDARDS
G. GUEST HOUSE DESIGN STANDARDS
Guest houses are subject to Development Permit review and shall be constructed
in the following manner:
19.06.010 PURPOSE
2. The purpose of the individual commercial land use districts are as follows:
A. CO (COMMERCIAL OFFICE) DISTRICT
This district is intended to provide for the continued use, expansion, and new
development of administrative and professional offices, hospitals, and supporting
retail uses in proximity to major transportation corridors and ensure their
compatibility with adjacent residential and commercial uses. Additionally, this
district permits a maximum density of 47 units per gross acre for senior citizen and
senior congregate care housing. Existing single family residential structures may
remain as a permitted use.
B. CG-1 (COMMERCIAL GENERAL)DISTRICT (no changes)
C. CG-2 (COMMERCIAL GENERAL 2) DISTRICT
This district is intended to enhance the economic activity of appropriate commercial
corridors; infilling and intensifying existing development, establishing new key
activity centers and nodes, allowing for the development of medium and medium
high residential density as alternative uses. The residential development shall have a
minimum contiguous area of 1 gross acre with a maximum density of 12 units per
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gross acre along Mount Vernon Avenue and Baseline Street and other designated
locations west of I-215 and a maximum density of 21 units per gross acre along
Baseline Street and other designated locations east of I-215. Additionally, a bonus
density of 50% for the development of senior citizen and senior congregate care
housing shall be permitted, subject to the approval of a Conditional Use Permit.
D. CG-3 (COMMERCIAL GENERAL 3)DISTRICT
This district provides for the development of local and regional serving retail,
personal service, entertainment, office and related commercial uses. This district
includes, but is not limited to, properties adjacent to California State University at
San Bernardino along North Park Boulevard, Kendall Drive, and University
Parkway for commercial and personal service uses to meet the needs of students,
faculty, and visitors, and properties along Mt. Vernon Avenue, between 4th and 96'
Streets, within the Paseo Las Placitas Specific Plan area.
Design guidelines for the Mount Vernon Corridor(Paseo Las Placitas) are contained
in Chapter 19.10, Special Purpose Districts, Section 19.10.030(3).
E. CR-1 (COMMERCIAL REGIONAL-MALL)DISTRICT
This district is intended to maintain and enhance the Inland Center Malls and
adjacent properties to this and the Carousel Mall as the principal region-serving
retail centers of the City.
F. CR-2 (COMMERCIAL REGIONAL DOWNTOWN) DISTRICT(no changes)
G. CR-3 (COMMERCIAL REGIONAL-TRI-CITY/CLUB) DISTRICT (no
changes)
H. CR-4 (COMMERCIAL REGIONAL-AUTO PLAZA) DISTRICT(no changes)
I. CCS-1 (CENTRAL CITY SOUTH)DISTRICT
This district is intended to permit general retail, professional office and medical
types of uses. Standards are contained in Chapter 19.13.
J. CCS-2 (CENTRAL CITY SOUTH) DISTRICT (no changes)
IC CCS-3 (CENTRAL CITY SOUTH - FLOOD CONTROL CHANNEL)
DISTRICT(no changes)
L. CH(COMMERCIAL HEAVY)DISTRICT(no changes)
19.06.025 PROHIBITED USES
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1.
K. Recycling Center — Small collection facilities which occupy an area of less than
500 square feet, and which accept by donation, redemption or purchase,
recyclable materials from the public, unless required as a Certified Recycling
Center by the California Public Resources Code, or donation drop boxes operated
by a valid non-profit organization.
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TABLE 06.02 COMMERCIAL DISTRICTS DEVELOPMENT STANDARDS
DEVELOPMENT CCS
STANDARDS CO CO-1 CG-2 CG-3 CR- CR- CR-3 CR- CH 1 2
1 2 4
Net Lot Areal 10k 10k 10k 10k 0 0 10k 1 ac. 10k 10k 1 ac.
Front Setback 15 10 10 15 0 0 15 20 10 20 10
Rear Setback to 02 02 01 0 0 10 0 0 10 10
Side Setback(Each)
10 0' 02 02 0 0 10 5 0 10 10
Side Setback
(Street Side) 10 10 10 10 0 0 10 20 10 10 10
Lot Coverage
(Maximum%) 50 50 50 50 75 100 75 75 75 50 75
Structure Height
(Maximum) 4 st.3 2 st' 2 st. 2 st. 4 st. 4 st' 2 st. 2 st.' 2 st'
(Feet) 52 30 30 30 52 100° 52 30 45 30 50
st.=story ac.=acre
I This standard is only required for new commercial and industrial subdivisions.
2 Except if adjacent to any Residential Land Use District, the minimum side or rear setback shall be 10
feet.
3 Except within 75 feet of any Residential Land Use District,the maximum height is 2 stories or 30 feet.
° Except additional height may be allowed as provided as bonus height provision of Section
19.06.030(2)(E).
° May exceed this height with a Conditional Use Permit, pursuant to Section 19.36. In CG-I, the site
must abut a freeway,
CCS-1 was added with MC 941 on 6-6-95
19.06.030 LAND USE DISTRICT DEVELOPMENT STANDARDS
2. LAND USE DISTRICT SPECIFIC STANDARDS
C. AUTOMOBILE SALES
Automobile sales dealerships, new and/or used, in the City must conform with the
intent of this Development Code and shall enhance and promote the image of the
City. A Development Permit shall be required for automobile sales dealerships of
new vehicles and a Conditional Use Permit shall be required for automobile sales
dealerships of used vehicles, and all dealerships must be constructed in the
following manner:
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F. CONVENIENCE STORES
4. No convenience store shall be located within a one-mile radius of another
convenience store or less than 1,000 feet from an existing elementary,
junior high school, or high school, as measured from one property line to
another. Service stations that include a convenience store as an ancillary
use are not subject to the distance restrictions from other convenience
stores. Exceptions to the distance restrictions from schools may be
considered on a case by case basis through the Conditional Use Permit
Process, considering mitigating factors of circulation patterns, security and
management plans and subject to recommendations from the affected
school district.
J. MICROBREWERIES/WINERIES
Microbreweries and wineries may be established subject to Conditional Use
Permit review and shall be constructed in the following manner:
1. Fifty percent of the total building square footage may be used for
production and storage of beer or wine produced on the premises.
Q. RECYCLING FACILITIES
2. The standards for recycling facilities are as follows:
b. Small collection facilities that are required as Certified Recycling
Centers by the California Public Resources Code or that are
operated as drop-boxes by valid non-profit organizations only, and
which are located within applicable commercial and industrial land
use districts shall be subject to a Development Permit, and comply
with the following standards:
T. SERVICE STATION STANDARDS
1. New service stations shall be permitted only at the intersections of major and
secondary arterials, and along major or secondary arterials with freeway off-
ramps within the Freeway Corridor Overlay District. Stations within the
Freeway Corridor Overlay shall only be located at the intersection of the
arterial with the freeway on- and off-ramps or with streets forming the
boundary of the Freeway Corridor Overlay District. A maximum of 3
service stations shall be permitted at each intersection, or on each side of the
freeway along a major or secondary arterial with a freeway off-ramp within
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the Freeway Corridor Overlay District, provided that at least one station
offers only non-petroleum alternative fuel.
19. Where service station adjoins property in a residential land use district, a six-
foot high decorative masonry wall shall be constructed at the time the station
requires a permit for the on-site improvement/ modification. Materials,
textures, colors and design of the wall shall be compatible with on-site
development and adjoining properties. When the wall reaches the
established front-yard setback line of a residentially designated lot abutting
or directly across an alley from the service station, it shall decrease to a
height of 30 inches.
Z. HOTELS, MOTELS,B&BS,AND EXTENDED LODGING FACILITIES
1. Hotels end, Motels and Bed & Breakfast Inns (B&Bs) are allowed in the
CG1, CG-2, CR-2, CR-3, and CCS-1 land use districts. Extended Lodging
Facilities are allowed in the CR-2 and CR-3 land use districts.
2. Hotels, Motels and Bed & Breakfast Inns (B&Bs), and Extended Lodging
Facilities are subject to a Conditional Use Permit and shall comply with
the following standards in addition to any conditions imposed by the
Planning Commission.
19.08.010 PURPOSE
2.
A. OIP(OFFICE INDUSTRIAL PARK)DISTRICT
This district is intended to establish distinctive office industrial parks and corporate
centers serving City and regional needs. Supporting retail/commercial services may
be located in Corporate Office Industrial Park structures.
19.10.010 PURPOSE
2. The purpose and permitted uses for each of the individual special districts are as follows:
F. OS (OPEN SPACE) DISTRICT
This district is intended to preserve areas of permanent open space.
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19.10.020 GENERAL STANDARDS
Any structure located in a special purpose district (except the Open Space District, wherein all
structures are prohibited) shall be subject to an Administrative or Development Permit and shall
be:
19.10.030 LAND USE DISTRICT SPECIFIC STANDARDS
4. Specific Plan 92-01, University Business Park
S. University Business Park incorporates three separate districts created as part of the
University Business Park Specific Plan and are intended to apply only to parcels
within the boundaries of the Specific Plan.These are labeled UBP-1, UBP-2 and
UBP-3.
1. UBP-1
The UBP-1 designation emphasizes industrial and non-retail commercial
service uses. Essentially, it combines uses currently permitted within the
OW and IL designations,but without the more intense industrial uses such as
motor freight transportation,mini-storage,truck stops, service stations, etc.
2. UBP-2
The UBP-2 designation emphasizes the typical commercial retail uses
currently permitted in the CG-1 designation but eliminates some of the
heavier (and less desirable) uses that would not be appropriate within a
business park setting. For example, the UBP-2 does not permit recreation
camps and RV parks, funeral parlors, truck and RV rental agencies and
commercial sports. No outside uses or storage is permitted.
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3. UBP-3
The UBP-3 designation emphasizes large, stand-alone uses which have a
single freestanding building on each parcel. It would not permit strip
commercial centers with several small tenants. Light manufacturing uses,
including warehouses and research and development businesses, are
permitted as long as all activities take place indoors and there is no outside
storage. One of the primary criteria for structures within this designation is
the visual impact to the Interstate freeway.
Table 10.03 represents those uses allowed within the sub-areas, subject to a
Development Permit (D), a Conditional Use Permit (C) or a Temporary Permit
(T). (See Table 10.03, University Business Park, List of Permitted Uses.)
19.20.030 GENERAL STANDARDS
23. SOLAR ENERGY DESIGN STANDARDS
Sections F-I deleted
19.22.080 OFF-SITE SIGNS
7. OFF-SITE ELECTRONIC MESSAGE CENTER SIGNS
A. Off-site electronic message center signs are permitted only in Freeway Corridor
Overlay District, subject to a Conditional Use Permit, and subject to the
provisions in the Outdoor Advertising Act (Chapter 2 in the State of California
Business and Professions Code). These provisions include, but are not limited to,
placement, location, content, and maintenance.
19.24.040 NUMBER OF PARKING SPACES REQUIRED
Restaurants, take-out only 1 space for each 250 sf. of gfa.
19.24.060 DESIGN STANDARDS
2. COMMERCIAL VEHICLE PARKING
It shall be unlawful for the driver, owner or operator of any commercial vehicle
having a manufacturer's Gross Vehicle Weight rating (GVWR) exceeding 10,000
pounds to park, or cause to be parked, except for the immediate loading and
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unloading of goods, any such vehicle upon any public street, or alley, or on any
residentially zoned property,within any residential land use district in the City. This
prohibition shall not apply to construction sites during the construction process or to
recreational vehicles.
19.28.050 STANDARDS FOR PARKING AREAS
(Section to be inserted into Chapter 19.28, with subsequent sections renumbered)
In addition to landscaping of all required setback areas, a minimum of 15% of the net
area of all surface parking areas shall be landscaped as follows:
A. Where parking areas adjoin a public right-of-way, a landscaped planting strip
equal to the required yard setback shall be established and continuously
maintained between the public right-of-way and parking area. Any planting, sign,
or any other structure within safety sight- distance of a driveway shall not exceed
30 inches in height.
B. Provisions shall be made to ensure that adequate pedestrian paths are provided
throughout the landscaped areas. At least one 24 inch box tree for every 4 spaces
shall be included in the development of the overall landscape program. The
maximum spacing between trees in parking areas shall be 30 feet; however,
appropriate clustering of trees may be permitted.
C. All areas in a parking lot not used for driveways, maneuvering areas, parking
spaces, or walks, shall be permanently landscaped with suitable materials and
permanently maintained, pursuant to a program submitted by the applicant and
approved by the Director of the Parks and Recreation Department.
D. All landscaped areas shall be bordered by a concrete curb that is at least 6 inches
high and 6 inches wide. All landscaped areas shall be a minimum of 6 feet in
width. Concrete now strips at least 6 inches deep and 4 inches wide shall be
required to separate turf areas from shrub areas.
E. A permanent and automatic irrigation system shall be installed and permanently
maintained in all landscaped areas. The system shall employ state-of-the-art
water conservation technology and recognize differing irrigation needs of various
plant materials.
F. The landscaping plan shall provide for a variety of plant materials, with an
emphasis on drought tolerant species, appropriate for the local environment and
shall include a legend showing common names, sizes, quantities, location,
dimensions of planted area, and percentage of parking lot landscaping.
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G. To increase the parking lot landscaped area, a maximum of 2 and 1/2 feet of the
parking stall depth may be landscaped in lieu of asphalt while maintaining the
required parking dimensions. This overhang is in addition to the required yard
setbacks.
19.32.040 INITIAL FILING
All applications filed with the Department in compliance with this Development Code shall be
initially processed as follows.
1. Completeness review. The Director shall review all applications for completeness and
accuracy before they are determined to be complete in compliance with Section
19.32.020 (Filing) above.
2. Notification of applicant.
A. No later than 30 days of the filing date of the application, the City shall determine
in writing whether the application is complete and has been accepted for
processing, or that the application is incomplete and that additional information,
specified in the letter, shall be provided to make the application complete. The
City shall immediately transmit the determination to the applicant.
B. Failure of the Director to respond within 30 days of submittal of an application
with a determination as to completeness shall be deemed a determination that the
application is complete.
C. The applicant has the right to appeal pursuant to Chapter 19.52.
3. Content of Application.
A. The Director may find that unusual characteristics of a project site or the nature of
a project make it infeasible or unnecessary for the applicant to submit all of the
information for an application required by this Development Code.
B. In these cases, the Director may reduce the content requirements if it is also found
that the absence of the information will not reduce the ability of the Director to
evaluate the compliance of the proposed project with the standards of this
Development Code.
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4. Appeal of determination of completeness.
A. Appeal of Director's determination.
(1) If the Director determines that an application is incomplete, the applicant
shall have the right to appeal that determination to the Commission by
submitting a letter and fee to the Commission within 15 days of the notice
of incompleteness.
(2) The applicant's letter shall clearly state the reasons why the applicant
believes the application is complete.
(3) Appeals included within this Subsection may also include appeals where it
is alleged by the appellant that the Director erred in refusing to accept or
process an application for failure to pay outstanding fees and charges in
compliance with the City's Schedule of Service Charges. In hearing and
deciding an appeal of the Director's determination, the Commission shall
consider the correctness of the amount of the outstanding fee or charge,
and whether the fee or charge is owed by the appellant, if the issues are
raised by the appellant.
B. The Commission shall make a decision on the appeal of the Director's
determination.
C. The applicant shall have the right to appeal the Commission's decision to the
Council by submitting a letter and fee to the City Clerk within 15 days of the
Commission's decision.
D. The Council shall make a decision on the appeal of the Commission's decision.
5. Environmental information. The Director may require the applicant to submit
additional information needed for the environmental review of the project.
6. Application deemed withdrawn. If the applicant does not provide the additional
information required in compliance with Section 19.32.040(1), above, within 90 days
after the date of the letter requesting the additional information, the Director may
consider the application withdrawn if the Director determines that reasonable progress
toward completion of the application has not occurred, unless an appeal of the Director's
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determination has been filed. Application processing shall not resume thereafter until a
new application is filed, including , plans, exhibits, and other materials that are
required for any project on the same site.
7. Referral of application. At the discretion of the Director, or where otherwise required
by this Development Code, State, or Federal law, any application filed in compliance
with this Development Code may be referred to any public agency that may be affected
by or have an interest in the proposed land use activity.
CHAPTER 19.31
ADMINISTRATION
TABLE 31.01. THRESHOLD OF REVIEW
Permit Type Director DRC Commission Council
Conditional Use Permit(CUP) X
Minor Use Permit X
Design Review X
Development Agreement X
Development Code Amendment (X)* X
Administrative Permit X
Development Permit X or X
Final Map X
General Plan Amendment (X)* X
Interpretations (General Plan) X
Lot Line or Boundary Adjustment X
Lot Merger X
Minor Modification X
Reversion to Acreage X
Specific Plan (X)* X
Surface Mining and Land
Reclamation(CUP) (X)* X
Temporary Use Permit X
Tentative Parcel Map X or X
Tentative Tract Map X
Variance X
* Commission recommends to Council for final action.
19.31.030 PRE-APPLICATION CONFERENCE
A prospective applicant or agent may request a pre-application conference with the Department
prior to formal submittal of a land use permit application. This conference should take place
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prior to any substantial investment (i.e., land acquisition, site, engineering and construction
plans) in the preparation of the proposed development application. During the conference, the
Department representative(s) shall inform the applicant of applicable policies, plans, and
requirements as they apply to the proposed development project, review the appropriate
procedures outlined in this Development Code, and examine possible alternatives or
modifications relating to the proposed project.
CHAPTER 19.36
CONDITIONAL USE PERMITS
AND MINOR USE PERMITS
Section Page
19.36.010 Purpose IV-6
19.36.020 Application IV-6
19.36.030 Project Review IV-6
19.36.040 Hearings and Notice IV-6
19.36.050 Findings IV-7
19.36.060 Use of Property Before Final Decision IV-7
19.36.070 Conditional Use Permit or Minor Use Permit Expiration IV-7
19.36.080 Modification of Conditional Use Permit or Minor Use Permit IV-8
19.36.090 Time Extension IV-8
19.36.100 Revocation IV-8
19.36.110 Conditional Use Permit or Minor Use Permit to Run With The Land IV-9
19.36.120 Performance Guarantee IV-9
19.36.010 PURPOSE
Conditional uses are unique and their effect on the surrounding environment cannot be determined
in advance of the use being proposed for a particular location. At the time of application, a review
of the location, design, configuration, and potential impact of the proposed use shall be conducted
by comparing the use to established development standards and design guidelines. This review
shall determine whether the proposed use should be permitted by weighing the public need for and
the benefit to be derived from the use against the impact which it may cause.
An application for a Minor Use Permit may be made in-lieu of an application for a Conditional Use
Permit if the use meets all of the following criteria:
1. The use will be entirely located within a structure that has previously been approved with a
Development Permit or Conditional Use Permit;
2. The use will be less than 10,000 square feet in gross floor area;and
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3. The use will be exempt from the provisions of the California Environmental Quality Act;
For all other applications for conditional uses, and for all applications for social service centers and
religious facilities/churches, a Conditional Use Permit shall be required.
19.36.020 APPLICATION
An application for a Conditional Use Permit or a Minor Use Permit shall be filed in a manner
consistent with the requirements contained in Chapter 19.32(Applications and Fees).
19.36.030 PROJECT REVIEW
Each Conditional Use Permit or Minor Use Permit application shall be analyzed to assure that the
application is consistent with the intent and purpose of this Chapter.
Minor Use Permit applications shall be reviewed and approved by the DRC.
To ensure effective implementation of General Plan policies relating to design guidelines, each
application for a Conditional Use Permit shall be reviewed by the DRC prior to approval by the
Commission.
19.36.040 HEARINGS AND NOTICE
Upon receipt in proper form of a Conditional Use Permit or Minor Use Permit application, a hearing
shall be set and notice of the hearing given in a manner consistent with Chapter 19.52(Hearings and
Appeals).
19.36.050 FINDINGS
Following a hearing, the DRC or Commission shall record the decision in writing and shall recite
therein the findings upon which such decision is based. The DRC or Commission may approve
and/or modify a Conditional Use Permit or Minor Use Permit application in whole or in part, with
or without conditions, only if all of the following findings are made:
3. The approval of the Conditional Use Permit or Minor Use Permit for the proposed use is in
compliance with the requirements of the California Environmental Quality Act and Section
19.20.030(6)of the Development Code;
19.36.060 USE OF PROPERTY BEFORE FINAL DECISION
No permit shall be issued for any use involved in an application for approval of a Conditional Use
Permit or Minor Use Permit until, and unless, the same shall have become final,pursuant to Section
19.52.080(Effective Date).
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19.36.070 CONDITIONAL USE PERMIT/MINOR USE PERMIT EXPIRATION
Within two years of Conditional Use Permit or Minor Use Permit approval, commencement of
construction shall have occurred or the Conditional Use Permit or Minor Use Permit shall
become null and void. In addition, if after commencement of construction, work is discontinued
for a period of 1 year, then the Conditional Use Permit or Minor Use Permit shall become null
and void. Projects may be built in phases if preapproved by the review authority. If a project is
built in preapproved phases, each subsequent phase shall have 1 year from the previous phase's
date of construction commencement to the next phase's date of construction commencement to
have occurred, or the Conditional Use Permit or Minor Use Permit shall become null and void.
19.36.080 MODIFICATION OF CONDITIONAL USE PERMIT
An approved Conditional Use or Minor Use Permit may be modified, in a manner pursuant to
Chapter 19.32 (Applications and Fees). Minor modifications to an approved Conditional Use
Permit or Minor Use Permit may be approved by the Director, pursuant to Section 19.60 (Minor
Modifications).
19.36.090 TIME EXTENSION
The approving authority may, upon an application being filed 30 days prior to expiration and for
good cause, grant a time extension not to exceed 12 months. Upon granting of an extension, the
approving authority shall ensure that the Conditional Use Permit or Minor Use Permit complies
with all current Development Code provisions.
19.36.100 REVOCATION
The approving authority may hold a hearing to revoke or modify a Conditional Use Permit or Minor
Use Permit granted pursuant to the provisions of this Chapter. Ten days prior to the hearing, notice
shall be delivered in writing to the applicant and/or owner of the property for which such
Conditional Use Permit or Minor Use Permit was granted. Notice shall be deemed delivered 2 days
after being mailed, first class postage paid, to the owner as shown on the current tax rolls of the
County of San Bernardino, and/or the project applicant.
A Conditional Use Permit or Minor Use Permit may be revoked or modified by the approving
authority if any one of the following findings can be made:
2. That the Conditional Use Permit or Minor Use Permit was obtained by misrepresentation or
fraud;
3. That the use for which the Conditional Use Permit or Minor Use Permit was granted had
ceased or was suspended for six or more consecutive calendar months;
4. That one or more of the conditions of the Conditional Use Permit or Minor Use Permit have
not been met;
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6. That the use permitted by the Conditional Use Permit or Minor Use Permit is detrimental to
the public health,safety or welfare or constitutes a nuisance.
19.36.110 CONDITIONAL USE PERMIT/MINOR USE PERMIT TO RUN WITH THE
LAND
A Conditional Use Permit or Minor Use Permit granted pursuant to the provisions of this Chapter
shall continue to be valid upon a change of ownership of the site, business, service, use or structure
which was the subject of the permit application.
CHAPTER 19.44
ADMINISTRATIVE AND
DEVELOPMENT PERMITS
Section Page
19.44.010 Purpose IV-18
19.44.020 Application IV-18
19.44.030 Applicability IV-18
19.44.040 Hearings and Notice IV-19
19.44.050 Findings IV-19
19.44.060 Administrative and Development Permit Expiration IV-20
19.44.070 Use of Property Before Final Decision IV-20
19.44.080 Modification of Administrative or Development Permit IV-21
19.44.90 Time Extension IV-21
19.44.100 Revocation IV-21
19.44.110 Performance Guarantee IV-21
19.44.010 PURPOSE
The Administrative and Development Permit procedure is intended to protect the integrity and
character of the residential, commercial and industrial areas of the City, through the application of
the provisions of this Chapter consistent with the General Plan. At the time of application submittal,
a review of the location,design, configuration and impact of the proposed use shall be conducted by
comparing such use to established standards and design guidelines. This review shall determine
whether the permit should be approved by weighing the public need for and the benefits to be
derived from the use against the impacts it may cause.
19.44.020 APPLICATION
Application for an Administrative or Development Permit shall be filed in a manner consistent with
the requirements contained in Chapter 19.32 (Applications and Fees).
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19.44.030 APPLICABILITY AND PROJECT REVIEW
An Administrative or Development Permit shall be required pursuant to this Section. None shall
be required for alterations to an existing single-family home, for interior tenant improvements to
previously approved non-residential uses that DO NOT involve an intensification in land use
(e.g., conversion of a shoe store to a restaurant, or a residential structure to an office use, etc.), or
for exterior alterations on non-residential projects that are in substantial compliance with the
existing project. Each application shall be analyzed to ensure that the application is consistent
with the requirements of this Title.
A. An Administrative Permit, which is acted upon administratively, shall be required under
the following circumstances:
1. For residential projects with two to four dwelling units, including the relocation or
movement of residential structures;
2. For tenant improvements and occupancy permits that result in an intensification in
land use (i.e., from retail to a restaurant, or from a residential structure into a non-
residential use);
3. For the expansion of a non-residential use or structure that is not consistent with
the existing project.
4. For recycling facilities; and
5. For wireless telecommunications facilities.
B. A Development Permit, which is acted upon by the Development/Environmental Review
Committee (D/ERC) shall be required under the following circumstances:
1. For residential projects with five to 11 dwelling units;
2. For a new non-residential use or structure or an expanded non-residential use or
structure over 5,000 square feet; and
3. Adult businesses, in accordance with Section 19.06.030.2.A of this Development
Code.
C. A Development Permit, which is acted upon by the Planning Commission, shall be
required for residential projects, or projects abutting a residential use in a residential land
use district.
19.44.050 FINDINGS
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The appropriate review authority as outlined in Table 31.01 shall record the decision in writing and
shall recite therein the findings upon which any such decision is based. The review authority may
approve and/or modify an Administrative or Development Permit in whole or in part, and shall
impose specific development conditions. These conditions shall relate to both on- and off-site
improvements that are necessary to mitigate project-related adverse impacts, and to carry out the
purpose and requirements of the respective land use district. The review authority may approve an
Administrative or Development Permit,only if all of the following findings are made:
4. The approval of the Administrative or Development Permit for the proposed development is
in compliance with the requirements of the California Environmental Quality Act and
Section 19.20.030(6)of the Development Code;
19.44.070 ADMINISTRATIVE OR DEVELOPMENT PERMIT EXPIRATION
Within two years of Administrative or Development Permit approval, commencement of
construction shall have occurred or the permit shall become null and void. In addition, if after
commencement of construction, work is discontinued for a period of one year, then the
Administrative or Development Permit shall become null and void. Projects may be built in phases
if preapproved by the review authority. If a project is built in preapproved phases, each subsequent
phase shall have one year from the previous phase's date of construction commencement to the next
phase's date of construction commencement to have occurred, or the Administrative or
Development Permit shall become null and void.
19.44.080 USE OF PROPERTY BEFORE FINAL DECISION
No permit shall be issued for any use involved in an application for approval of an Administrative
or Development Permit until, and unless, the same shall have become final, pursuant to Section
19.52.080(Effective Date).
19.44.090 MODIFICATION OF ADMINISTRATIVE OR DEVELOPMENT PERMIT
An approved development may be modified, in a manner pursuant to Chapter 19.32 (Applications
and Fees). Minor modifications to an approved development may be approved by the Director,
pursuant to Section 19.60(Minor Modifications).
19.44.100 TIME EXTENSION
The review authority may, upon an application being filed 30 days prior to expiration and for good
cause, grant a time extension not to exceed 12 months. Upon granting the extension, the review
authority shall ensure that the Administrative or Development Permit complies with all current
Development Code provisions.
19.44.110 REVOCATION
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The review authority may hold a hearing to revoke or modify an Administrative or Development
Permit granted pursuant to the provisions of this Chapter. Ten days prior to the hearing, notice shall
be delivered in writing to the applicant and/or owner of the property for which such Development
Permit was granted. Notice shall be deemed delivered two days after being mailed, first class
postage paid,to the owner as shown on the current tax rolls of the County of San Bernardino, and/or
the project applicant.
An Administrative or Development Permit may be revoked or modified by the review authority if
any of the following fmdings can be made:
2. That the Administrative or Development Permit was obtained by misrepresentation or fraud;
3. That the use for which the Administrative or Development Permit was granted had ceased or
was suspended for six or more consecutive calendar months;
4. That one or more of the conditions of the Administrative or Development Permit have not
been met;
6. That the use permitted by the Administrative or Development Permit is detrimental to the
public health, safety, or welfare or constitutes a nuisance.
19.52.020 APPLICATION PROCESSING
2. By mailing, 10 days prior to said hearing, postage prepaid, to the owners of property
within a radius of 500 feet of the exterior boundaries of the property involved in the
application, using for this purpose the last known name and address of such owners as
shown upon the current tax assessor's records. Notice is deemed received two days after
date of postmark. The list of property owner addresses shall be typed upon gummed
labels, together with required postage. The list shall be prepared and certified by the
applicant, or a title insurance company, civil engineer or surveyor licensed to practice in
California. This notice shall state the nature of the request, location of the property (text
or diagram), the date, time and place of the scheduled hearing, and the hearing body; or,
in the event that the number of owners to whom notice would be sent is greater than
1,000, notice may be given at least 10 days prior to the hearing by placing a display
advertisement of at least 1/8 page in the newspaper having the greatest circulation within
the area affected by the proposed action. The notice shall state the nature of the request,
the location of the property (text or diagram), the date, time, and place of the scheduled
hearing, and the hearing body; and
19.66 SUBDIVISION MAPS
19.66.150 DETERMINATION
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1. Notice of Public Hearings. Upon receipt of a complete application, the Department shall
prepare a report with recommendations after environmental review by the ERC. The
Department shall set the matter of a tentative parcel map for public hearing before the
D/ERC or for a tentative tract map before the Commission, pursuant to Chapter 19.52. A
copy of the Department report shall be mailed to the subdivider at least three days prior to
the public hearing at the address designated on the application.
2. Action. The D/ERC or the Commission shall approve, conditionally approve or deny the
tentative parcel map or tract map, as applicable, within 50 days after the tentative parcel or
tract map application has been determined by the Department to be complete, and report the
decision to the subdivider. If an environmental impact report is prepared, the decision by
the D/ERC or the Commission shall be made 45 days after certification of the report.
3. Determination. The tentative parcel or tract map may be approved or conditionally
approved by the D/ERC or the Commission if it finds that the proposed subdivision,
together with the provisions for its design and improvements, are consistent with the
General Plan, any applicable specific plan, and all applicable provisions of the Municipal
Code. The D/ERC or the Commission may require, as a condition of its approval, that the
payment by the subdivider of all development fees, required to be paid at the time of the
application for,or issuance of, a building permit or other similar permit, shall be made at the
rate for applicable fees in effect at the time of said application or issuance of a building or
similar permit.
The tentative parcel or tract map may be denied by the D/ERC or the Commission on any of
the grounds contained in the Map Act, General Plan or the Municipal Code. The D/ERC or
the Commission shall deny the tentative parcel or tract map if it makes any of the following
mandatory findings contained in Map Act Section 66474:
19.66.160 EXPIRATION
1. The approval or conditional approval of a tentative parcel or tract map shall expire 24
months following approval by the D/ERC or the Commission. However, the map may be
extended if the subdivider has complied with Map Act Section 66452.6(a) and (e). An
extension to the expiration date may also be approved pursuant to Section 19.66.170.
2. The period of time outlined in(1.)above shall not include any period of time during which a
lawsuit has been filed, whether or not first appealed to the next highest approving body, and
is pending in a court of competent jurisdiction involving the approval or conditional
approval of a tentative map only if a stay of the time period is approved by the D/ERC or the
Commission. After service of the initial petition or complaint upon the City,the subdivider
shall, in writing, to the Director, request a stay in the time period of the tentative map.
Within 40 days after receiving the request, the D/ERC or the Commission shall either stay
the time period for up to five years or deny the requested stay. The request for the stay shall
be a hearing with notice to the subdivider and to the appellant, and upon conclusion of the
hearing,the D/ERC or the Commission shall render its decision.
26
MC-1381
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