HomeMy WebLinkAboutMc-1383 Adopted: December 17, 2012
Effective: January 16, 2013
1 ORDINANCE NO. MC-1 83
2 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING 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 AMEND DEVELOPMENT AND ADMINISTRATION
5 PROCESSES STANDARDS WITHIN THE DEVELOPMENT CODE.
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6 WHEREAS, the current Development Code was initially implemented in 1991, and
7 since that time, many amendments have been made throughout the document; and
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WHEREAS, changes to the organization and staffing in the City have not been
9 reflected in the Development Code with regard to the organization of the Development and
10 Environmental Review Committees (collectively known as the D/ERC); and
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12 WHEREAS, since 1991, there has been a need to update the Development Code with
13 regard to the regulations of the state of California with regard to handicap-accessible parking;
and
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15 WHEREAS, this in turn, has resulted in portions of the Development Code becoming
16 difficult to enforce, which can result in misinformation and a loss of consistent, high quality
17 customer service; and
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WHEREAS, to provide better and more efficient customer service to the community
19 as a whole, amendments to the way in which certain applications are processed are proposed;
20 and
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22 WHEREAS, on November 6, 2012, the Legislative Review Committee reviewed and
23 unanimously recommended that the proposed amendments (Attachment A) be moved to the
Planning Commission; and
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25 WHEREAS, on November 14, 2012, the Planning Commission of the City of San
26 Bernardino held a noticed public hearing to consider public testimony and the staff reports
27 recommending proposed amendments to the City Municipal Code, and unanimously
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MC-1383
1 recommended approval of the proposed Development Code Amendments to the Mayor and
Common Council; and
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3 WHEREAS, notice of the public hearing for the Mayor and Common Council's
4 consideration of the proposed Ordinance was published in The Sun newspaper on November
5 21, 2012.
6 NOW THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE CITY OF
7 SAN BERNARDINO DO ORDAIN AS FOLLOWS:
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SECTION 1. The Mayor and Common Council find that the above-stated Recitals
9 are true and hereby adopt and incorporate them herein.
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11 SECTION 2. Findings of Fact.
12 A. The proposed amendment is consistent with the General Plan. Economic
13 Development Policy 4.9.1 calls for the City to monitor and strive to capture an increasing
14 percentage of the day-to-day regional shopping needs of the resident population, while
Economic Development Policy 4.9.2 calls for the City to proactively attract and provide
15 incentives to developers and tenants that draw retail sales from the broader region. By
16 Mowing limited retail sales in the IH land use district, the City will increase the opportunities
17 for the City's population to shop in San Bernardino, thus keeping sales tax revenues in the
18 City. Additionally, the proposed amendments to the membership of the D/ERC will better
19 ensure that quorums are consistently made at D/ERC meetings, thus preventing delays in the
20 processing of development applications, including those for retail businesses.
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22 B. The proposed amendment would not be detrimental to the public interest,
23 health, safety, convenience, or welfare of the City. The proposed amendment by itself will
24 not directly result in development and therefore, will not be detrimental to the public health or
safety. The proposed amendment will bring the Code into conformance with state laws
25 regarding handicapped parking. These revisions to the Code will also enable City staff to
26 process development applications more effectively and efficiently, and will make the Code
27 more user-friendly, thus improving upon the public interest, convenience and welfare in the
28 City.
MC-1383
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SECTION 3. The amendments to Title 19 of the San Bernardino Municipal Code,
2 Land Use/Subdivision Regulations, also known as the San Bernardino Development Code
3 attached hereto as Exhibit A, and incorporated herein by reference, are hereby approved.
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SECTION 4. Compliance with the California Environmental Quality Act: The
5 Mayor and Common Council finds that the proposed Ordinance amending Title 19 of the
6 Municipal Code (Development Code) is exempt from the California Environmental Quality
7 Act (CEQA) pursuant to Section 15061(b)(3) of the CEQA Guidelines, as an action that will
8 not result in a direct or reasonably foreseeable indirect physical change in the environment.
9 SECTION 5. Severability: If any section, subsection, subdivision, sentence, or
10 clause or phrase in this Ordinance or any part thereof is for any reason held to be
11 unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision
12 shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any
part thereof. The Mayor and Common Council hereby declares that it would have adopted
13 each section irrespective of the fact that any one or more subsections, subdivisions, sentences,
14 clauses, or phrases be declared unconstitutional, invalid, or ineffective.
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MC-1383
AN ORDINANCE OF THE CITY OF SAN BERNARDINO TO AMEND TITLE 19 OF
1
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 AMEND DEVELOPMENT AND ADMINISTRATION
4 PROCESSES STANDARDS WITHIN THE DEVELOPMENT CODE.
5 I HEREBY CERTIFY that the foregoing ordinance was duly adopted by the Mayor
6 and
joint
Common Council of the City of San Bernardino at a regular meeting thereof, held on
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7 the Nth day of December 2012, by the following vote to wit:
8
9
Council Members: AYES NAYS ABSTAIN ABSENT
10 MARQUEZ x
x
11 JENKINS
VALDIVIA x
12 x
SHORETT
13 KELLEY x
14 JOHNSON x
15 MC CAMMACK x
16
17 �-
18 Georgean Hanna, Ci lerk
19 t�
The foregoing Ordinance is hereby approved this 100 day of___ December
20 2012.
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22
crc✓�
23 �
PAT CK . MORRIS, Mayor
24 Approved as to form: City of San Bernardino
25
JAMES F. PENMAN
26
City Attorney
27
28 el
HC-1383
EXHIBIT A
19.24.050 HANDICAPPED PARKING REQUIREMENTS
2. Handicapped parking spaces shall be provided for all uses other than residential at the
following rate:
Total Number of Parking Spaces Number of Handicapped Parking
Provided Spaces Required
1-25 1
26-50 2
51-75 3
76-100 4
101-150 5
151-200 6
201-300 7
301-400 8
401-500 9
501-1,000 Two percent of total
1,001 and over + 1 for each 100,or fraction over
1,001
For outpatient units and facilities, 10 percent of the total number of parking spaces
provided shall serve each such outpatient unit or facility.
For units and facilities that specialize in treatment or services for persons with mobility
impairments, 20 percent of the total number of parking spaces provided shall serve each
such unit or facility.
One van space shall be provided in every eight accessible spaces, with a minimum of one
space provided.
19.02.040 REVIEW AUTHORITIES
4. DEVELOPMENT REVIEW COMMITTEE (DRC)
A. MEMBERSHIP
The DRC members shall consist of representatives of the following departments:
Community Development (a designee from the Planning Division [Chairperson],
a designee from the Building Division, and a designee from the Land
Development Division [representing the Public Works Department]), Integrated
Waste Management, Fire, and Water. The representatives shall be the Director of
the Department or their designees(s). An urban design professional may be
retained on a consultant basis or placed on staff to provide input on design review
as required by Chapter 19.38,Design Review.
MC-1383
EXHIBIT A
5. ENVIRONMENTAL REVIEW COMMITTEE (ERC)
A. MEMBERSHIP
The ERC members shall consist of representatives of the following departments:
Community Development (a designee from the Planning Division [Chairperson],
a designee from the Building Division, and a designee from the Land
Development Division [representing the Public Works Department]), Integrated
Waste Management, Fire, and Water. The representatives shall be the Director of
the Department or their designees(s).
TABLE 08.01
INDUSTRIAL DISTRICTS LIST OF PERMITTED USES
LAND USE ACTIVITY CH OIP IL IH IE
32. Retail Commercial; D D3 D3 D3 —
3Incidental to a primary use,and contained within a primary structure(15%max.).
III