Loading...
HomeMy WebLinkAboutMC-1387 Adopted: March 4, 2013 Effective: April 3, 2013 1 ORDINANCE NO. MC-1387 2 ORDINANCE OF THE CITY OF SAN BERNARDINO APPROVING DEVELOPMENT CODE AMENDMENT NO. 13-011 TO REVISE THE 3 DEVELOPMENT CODE REGARDING THE SEPARATION OF THE GENERAL 4 PLAN AND ZONING MAPS AND TO ESTABLISH NEW STANDARDS AND PROCEDURES FOR PROCESSING ZONING MAP AMENDMENTS. 5 WHEREAS, the current Development Code was initially implemented in 1991; and 6 7 WHEREAS, the General Plan Land Use Map and Zoning Map were combined into 8 one map in 1991; and 9 10 WHEREAS,the current General Plan was initially implemented in 2005; and 11 WHEREAS, upon implementation of the General Plan in 2005, several land use 12 categories became obsolete, but were not removed from the Development Code; and 13 14 WHEREAS, in 1994, the state legislature approved into law SB 18, the Tribal 15 Consultation requirements, which requires local agencies, including charter cities, to notice all applicable tribes of any General Plan Amendment, and which notification includes an initial 16 90-day consultation period, and a 45-day standard state notification; and 17 18 WHEREAS, such notification could potentially take as long as 135 days, potentially 19 delaying an application for a General Plan Amendment although changes to the zoning map 20 are not required to comply with SB 18; and 21 WHEREAS, the General Plan provides the long-range goals and policies for 22 development of the City, taking into account the City's future conditions and needs, with the 23 application to individual parcels being limited; and 24 25 WHEREAS, the Development Code and related Zoning Map (Exhibit B), on the other hand, provide a set of regulatory development standards and site-specific zoning designations 26 that are used on a day-to-day basis to direct development at a parcel-specific level; and 27 28 MC-1387 1 WHEREAS, according to the American Planning Association, overlapping zoning and General Plan land use maps should be avoided, since the use of the General Plan for the 2 purpose of implementing parcel-specific zoning requirements can diminish the integrity of the 3 General Plan as a long-range planning document and require the General Plan to be amended 4 every time there is a rezoning; and 5 6 WHEREAS, since the process to update the General Plan involved a great deal of public input, there is the perception of those members of the public who participated in the 7 process that their long-range vision for the City be adhered to, and not changed frequently; 8 and 9 10 WHEREAS, state law calls for a land use element that designates the proposed general 11 distribution and general location and extent of the uses of land for housing, businesses, industry, open space and other public and private use of land, which are typically broad 12 categories of land uses, and for each land use category, there may be several zoning districts 13 that are more parcel-specific; and 14 15 WHEREAS, it is incumbent upon staff to ensure that all measures are taken to eliminate unnecessary time delays, to allow prompt processing of new development 16 applications; and 17 18 WHEREAS, the Development Code clean-up items and establishment of Chapter 19 19.74, Zoning Map Amendments, will establish procedures and findings of fact for processing Zoning Map Amendments and ensure that the Development Code and Zoning Map, including 20 future Amendments, are consistent with the General Plan and General Plan Land Use Map; 21 and 22 23 WHEREAS, on December 18, 2012, the Legislative Review Committee reviewed and 24 unanimously recommended that the proposed amendments (Exhibit A) be moved to the 25 Planning Commission; and 26 WHEREAS, on January 23, 2013, the Planning Commission of the City of San 27 Bernardino held a noticed public hearing to consider public testimony and the staff report 28 recommending proposed amendments to the City Municipal Code, and unanimously MC-1387 1 recommended approval of the proposed Development Code Amendments to the Mayor and Common Council; and 2 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 February 8, 5 2013. 6 NOW THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE CITY OF 7 SAN BERNARDINO DO ORDAIN AS FOLLOWS: 8 SECTION 1. The Mayor and Common Council finds that the above-stated Recitals 9 are true and hereby adopts and incorporates them herein. 10 11 SECTION 2. Findings of Fact. 12 A. The proposed amendment is consistent with the General Plan, in that as noted above, 13 and in General Plan Land Use Table LU-2, the General Plan and its associated Land Use Map 14 established general land use district classifications, such as single-family residential, multi- family residential, commercial, etc., and the zoning districts listed in Development Code 15 Section 19.02.060(1) and the proposed Zoning Map establishes sub-categories of the primary 16 land use district categories noted on the General Plan Land Use Map. For example, the 17 Residential Estate (RE), Residential Low (RL), Residential Suburban (RS) and Residential 18 Urban (RU) zoning districts will be sub-categories of the Single-Family land use category. 19 Further, the proposed text amendments will ensure that the General Plan and Development Code documents, as well as the General Plan Land Use Map and Zoning Map are consistent 20 with each other. 21 22 B. The proposed amendment would not be detrimental to the public interest, 23 health, safety, convenience, or welfare of the City, in that since no changes to the land use or 24 zoning designations are proposed on any parcel in conjunction with this application, the proposed amendments will not affect the public interest, health, safety, convenience, or 25 welfare of the City. 26 27 28 MC-1387 1 SECTION 3. Title 19 of the San Bernardino Municipal Code, Land Use/Subdivision Regulations, also known as the San Bernardino Development Code, is hereby amended to 2 revise Sections 19.02.060 and 19.50.040, and to add Chapter 19.74 as shown in Exhibit A 3 (text amendments); and to adopt the Zoning Map as shown in Exhibit B, both attached and 4 incorporated herein by reference. 5 SECTION 4. Compliance with the California Environmental Quality Act: The 6 Mayor and Common Council finds that the proposed Ordinance amending Title 19 of the 7 Municipal Code (Development Code) is exempt from the California Environmental Quality 8 Act (CEQA) pursuant to Section 15061(b)(3) of the CEQA Guidelines, as an action that will 9 not result in a direct or reasonably foreseeable indirect physical change in the environment. 10 SECTION 5. Severability: If any section, subsection, subdivision, sentence, or 11 clause or phrase in this Ordinance or any part thereof is for any reason held to be 12 unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any 13 part thereof. The Mayor and Common Council hereby declares that it would have adopted 14 each section irrespective of the fact that any one or more subsections, subdivisions, sentences, 15 clauses, or phrases be declared unconstitutional, invalid, or ineffective. 16 /// 17 /// 18 19 20 21 22 23 24 25 26 27 28 MC-1387 1 ORDINANCE OF THE CITY OF SAN BERNARDINO APPROVING DEVELOPMENT CODE AMENDMENT NO. 13-01, TO REVISE THE 2 DEVELOPMENT CODE REGARDING THE SEPARATION OF THE GENERAL PLAN AND ZONING MAPS AND TO ESTABLISH NEW STANDARDS AND 3 PROCEDURES FOR PROCESSING ZONING MAP AMENDMENTS. 4 I HEREBY CERTIFY that the foregoing ordinance was duly adopted by the Mayor 5 6 and Common Council of the City of San Bernardino at a i t reQ meeting thereof, held on 7 the 4th day of March 2013, by the following vote to wit: 8 9 Council Members: AYES NAYS ABSTAIN ABSENT 10 MARQUEZ x JENKINS % 11 x 12 VALDIVIA SHORETT g 13 x KELLEY 14 JOHNSON x 15 MC CAMMACK x 16 17 18 George Hanna, City Clerk 19 T� The foregoing Ordinance is hereby approved this 5 day of March , 20 2013. 21 PAT K J. RRIS, Mayor 22 Approved as to form: City of San Bernardino 23 JAMES F. PENMAN 24 City Attorney 25 By: 26 27 28 MC-1387 EXHIBIT A Chapter 19.02, "Basic Provisions" • Revise Section 19.02.060.2 as follows: "ADOPTION OF LAND-U$E ZONING DISTWC-T MAP j The boundaries of the land-usezonin¢ districts established by this Section shall be shown upon the map designated as the "City of San Bernardino Official Land Use Zoning Distrie Map," on file with the City Clerk, and available at the Community Development Department. This map shall be consistent with the adopted General Plan Land Use Map. Amendments shall follow the process outlined in Chapter 19.3074 (Geneml Plan ZoninQ Map Amendments." • Revise Section 19.02.060.3 as follows: "RULES APPLYING TO CERTAIN BOUNDARIES ON LAND--USE ZONING DIST U" MAP The following shall apply in determining uncertain boundaries of a district as shown on the Official Land Use Zoning Distrie Map:" • Revise Section 19.02.060.4 as follows: "PRE-ZONING The City may pre-zone unincorporated property adjoining the City. This process shall comply with Chapter 19.50 (General Plan Amendments) and 19.74 (Zoning Map Amendments). The zoning shall become effective upon annexation." Chapter 19.50 (General Plan Amendments) Revise Section 19.50.040 (Council Action on Amendments) as follows: "Upon receipt of the Commission's recommendation, the Council may approve, approve with modifications, or disapprove the proposed amendment based upon the findings contained in Section 19.50.050. Amendments to the General Plan Land Used Map shall be adopted by resolution. Amendments to the text of the General Plan shall be adopted by resolution." 1 MC-1387 Chanter 19.74 (Zoning Man Amendments) Add Chapter 19.74, "Zoning Map Amendments", as follows: CHAPTER 19.74 ZONING MAP AMENDMENTS Section Page 19.74.010 Purpose .................................................................................... IV-94 19.74.020 Hearings and Notice..................................................................... IV-94 19.74.030 Commission Action on Amendments ................................................ IV-94 19.74.040 Council Action on Amendments ...................................................... IV-94 19.74.050 Findings ................................................................................... IV-94 19.74.010 PURPOSE The Council may amend the Official Land Use Zoning District Map, herein referred to as the "Zoning Map" of the City of San Bernardino whenever required by public necessity and general welfare. 19.74.020 HEARINGS AND NOTICE Upon receipt in proper form of a Zoning Map Amendment application, or direction of the Council, and following Department review, hearings shall be set before the Commission and Council. Notice of the hearings shall be given pursuant to the requirements of Chapter 19.52 (Hearings and Appeals). 19.74.030 COMMISSION ACTION ON AMENDMENTS The Commission shall make a written recommendation on the proposed amendment whether to approve, approve in modified form or disapprove, based upon the findings contained in Section 19.74.050. Commission action recommending that the proposed amendment be approved, approved in modified form, or denied shall be considered by the Council following Commission action. 19.74.040 COUNCIL ACTION ON AMENDMENTS Upon receipt of the Commission's recommendation, the Council may approve, approve with modifications, or disapprove the proposed amendment based upon the findings contained in 2 MC-1387 Section 19.74.050. Amendments to the Zoning Map shall be adopted by ordinance. 19.74.050 FINDINGS An amendment to the Zoning Map may be adopted oWy if all of the following findings are made: 1. The proposed amendment is consistent with the General Plan; 2. The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the City; 3. The proposed amendment would maintain the appropriate balance of land uses within the City; and 4. The subject parcel(s) is physically suitable (including, but not limited to, access, provision of utilities, compatibility with adjoining land uses, and absence of physical constraints) for the requested land use designation(s) and the anticipated land use development(s). 3 - w e mm e gg _ • 5 a 1 � y5E � ad a y $ q T Vi� d 10� W • 'a w �01\060L]8❑L1L7❑ T I .JT- N m p z• x e g N � °a _ m � k w B 4 Y •k F f1 u � e .� � = � � iis ■ os �■ � f=; Q d a W a p o' � a a � e � _ � ; _ � o `o 3 i S I E F v w SI j E = w • z � � Emu 0X0/0 v 0 � a \\ O b \ is 3ONVU0 3Atl (131 a � TENNESSEE ST �1 71 \\® Y \ 3AV W Vd Ir ` I Y L \ so --------- r--•-<�. 3Atl tlro 3nvvlaolom 1srINN I I �(O� \` � o N3 b 3nv lxHSa H oq m �� _� r �1.._,,: 4• 19x315 3nb ONIla31s 3nVM31n NWl i 1 1 ,D j t_ i \ \\ \\ 0aia�al � Ilil� >aaso� osAOa tlN3fP0� a � L'7 3A p J is xosy3p� o t O �'� i o � �� • �.7 31 � �d e g w w� a ] J `\•` \�'�� �I1 IL's` Y � ` 31tlK 0_ �jWA �NA \\`\: R� _J�•, n n n 1I' W�y_ !� II� YY O t6 'W r M31ANIW Y11W� •3Atl•A131 N1W ' 11111 IA a■�■ < ) I 3�tlhroi�a3a T It : Ilf 1+•y jn 3NV \, y 1 IYIIi.,3.lfsr",IL. oft I ; INN F'W1l1 � N $ y 11 �i iSn 111 t1, N r Q JI1 1-11 1 1 is I bU NIV1N NOrva3nlri OF cm 4110 VIM it f OHONtlI _ NVIUItl3W d va3ea3d A 3tld3d• \� 7 4TH4 1 3AV 3uow As 1_.i - $' \,... o I •` II 3nv 3a1s83nla 3 1 M01.11M d'ly L uu 'w ; o o i m 3ntl W030 � jTp•]� !jib, I L4 6 ' y I