HomeMy WebLinkAbout40- Planning & Building Services CITY OF SAN BERN DINO - REQUEST P I COUNCIL ACTION
Development Code Amendment No. 93-U7
From: Al Boughey, Director Subject: Permitted Use Tables for commercial
and industrial land use districts ,
Depl: Planning & Building Services and miscellaneous changes .
Mavor and Common Council Meeting
Date: October 28 , 1993 November 15 , 1993
Synopsis of Previous Council action:
June 3 , 1991 , the effective date of the Development Code which established
permitted uses for commercial and industrial land use districts , and
development standards for all zones.
Recommended motion:
That the hearing be closed, the Negative Declaration be adopted, the
Development Code Amendment be approved subject to the concurrent
approval of General Plan No. 93-02 , the first reading of the Development
Code Amendment be waived and the ordinance be laid over for final
adoption.
Ik A'V'
ignature
Al Bo e
Al Boughey 384-5357
Contact person: Phone:
Supporting data attached: Staff Report, Ordinance Ward: Citywide
FUNDING REQUIREMENTS: Amount: N/A
Source: (Acct. No.)
(Acct. Description)
Finance:
Council Notes:
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
SUBJECT: DEVELOPMENT CODE AMENDMENT (DCA) NO. 93-07
REQUEST/LOCATION: This is a City-initiated request for an amendment to the Development
Code, which will include removing the Standard Industrial Classification Code (SIC) as a basis
for determining permitted land uses in the commercial and industrial land use districts. In
addition, there are other miscellaneous changes for clarification and clean-up purposes that are
also included.
This amendment will affect the entire incorporated portion of the City of San Bernardino.
KEY ISSUES: The key issues are as follows:
• The City of San Bernardino Development Code was adopted on May 3, 1991.
• Concerns have been raised regarding the permitted land use tables and the level
of review required for certain types of projects.
• The permitted land uses, as designated in the City of San Bernardino
Development Code for the commercial and industrial land use districts are based
upon the Standard Industrial Classification Code (SIC Code).
• The SIC Code is a Federal Accounting Document and does not adequately address
land use compatibility, or the level of review required for typical projects.
• The SIC Code groups uses together and does not allow flexibility so that some
land uses have been precluded from appropriate land use districts due to their
location in the SIC Code.
• Phase I of the Development Code Revision is primarily to change the land use
tables to a more traditional method of designating appropriate land uses for
commercial and industrial land use districts, and will address the majority of
concerns that have been raised. Concurrently the level of review has been
revised as appropriate.
• There are other miscellaneous clarifications and minor corrections being made to
further enhance the efficiency of the Development Code which are outlined in the
Planning Commission staff report.
• The nonconforming sign section is being modified to allow more flexibility in the
re-use of existing nonconforming signs, and the term "Abandoned Sign" is being
re-defined to encourage the continual maintenance of signs and to remove the tie
between the life of the sign and the occupancy status of the building.
Development Code Amendment 93-07
Mayor and Common Council meeting of
November 15, 1993
Page 2
Specifically, this change will allow legally established signs to keep their
nonconforming status as long as the sign is maintained, regardless of whether the
accompanying building/business is operating or not.
• The second phase of the Development Code Revision will focus on the
Development Standards as they pertain to the adaptive re-use of structures, and
on the remaining sign regulations.
Please see the analysis and attachments contained in Exhibit 1, Staff Report to the Planning
Commission.
Attachment D to the Planning Commission staff report, entitled Miscellaneous Changes and
Corrections, outlines the proposed text changes versus the existing language.
OPTIONS AVAILABLE TO THE MAYOR AND COMMON COUNCIL: The Mayor and
Common Council may:
1. Approve Development Code Amendment 93-07 as proposed, subject to the
concurrent approval of General Plan Amendment 93-02;
2. Approve in concept and return to staff for specific revisions.
ENVIRONMENTAL: The Initial Study was completed by Tom Dodson and Associates and
staff proposed a Negative Declaration. The Environmental Review Committee (ERC), reviewed
the proposed amendment at their regularly scheduled meeting of September 2, 1993. A Negative
Declaration was recommended. The Initial Study was available for public review and comment
from September 6, 1993 through September 30, 1993. No comments were received during the
public review and comment period.
PLANNING COMMISSION RECOMMENDATION: The Planning Commission reviewed
Development Code Amendment 93-07 on October 5, 1993, and voted 6-0 to recommend to the
Mayor and Common Council; adoption of the Negative Declaration; approval of the
Development Code Amendment, based upon the attached Findings of Fact (Attachment A).
STAFF RECOMMENDATION: Staff recommends that the Mayor and Common Council;
adopt the Negative Declaration; approve the Development Code Amendment and adopt the
Ordinance.
Prepared by: Jeffery S. Adams, Assistant Planner
For: Al Boughey, Director, Planning and Building Services
0
Development Code Amendment 93-07
Mayor and Common Council meeting of
November 15, 1993
Page 3
EXHIBITS: 1. Planning Commission Staff Report
Attachments:
A. Findings of Fact
B. Proposed Table of Permitted Uses - Commercial (Not included)
C. Proposed Table of Permitted Uses - Industrial (Not included)
D. Proposed Miscellaneous Changes/Corrections
E. Initial Study
• Appendices 1-12 (Not included)
2. Ordinance
Note: The proposed Tables of Permitted Uses - Commercial and Industrial and the Appendices
(1-12) to the Initial Study which includes the Proposed Tables are not included in this
packet. These items were removed as noted to reduce redundancy and are
included/referenced elsewhere in this report.
The complete Planning Commission staff report and Initial Study (with all attachments)
are on file in the Planning and Building Services Department.
The Ordinance, Exhibit 2, includes the Tables of Permitted Uses (Commercial &
Industrial) and the Miscellaneous Changes.
CITY OF SAN BERNARDINO PLANNING
AND BUILDING SERVICES DEPARTMENT AGENDA ITEM #4
SUMMARY HEARING DATE October 5, 1993
WARD City-wide
APPLICANT: City of San Bernardino
N Development Code Amendment V No. 93-07 OWNER: N/A
The request is a City-initiated request for an amendment to the Development
Code, which will include removing the Standard Industrial Code (SIC) as a
F' basis for determining permitted land uses in the commercial and industrial
LU land use districts, In addition, there are other miscellaneous chances for
clarification and clean-up purposes that are also included.
LLJ
This amendment will apply City-wide,
W
Q
EXISTING GENERAL PLAN
PROPERTY LAND USE ZONING DESIGNATION
GEOLOGIC/SEISMIC ❑ YES FLOOD HAZARD ED YES E) ZONE A SEWERS: ED YES
HAZARD ZONE: ❑ NO ZONE: ❑ NO ❑ ZONE B ❑ NO
HIGH FIRE ❑ YES AIRPORT NOISE/ ❑ YES REDEVELOPMENT ❑ YES
HAZARD ZONE: ❑ NO CRASH ZONE: PROJECT AREA:
ED NO ❑ NO
J ❑ NOT ❑ POTENTIAL SIGNIFICANT Z ® APPROVAL
APPLICABLE EFFECTS WITH O
MITIGATING MEASURES I.-
Z N NO E.I.R. Q ❑ CONDITIONS
Lu
M Z ❑ EXEMPT ❑ E.I.R. REQUIRED BUT NO U. Z ❑ DENIAL
= C SIGNIFICANT EFFECTS Q W
Q WITH MITIGATING 1- 7.
> Z MEASURES N M ❑ CONTINUANCE TO
Z ® NO SIGNIFICANT ❑ SIGNIFICANT EFFECTS U
W EFFECTS SEE ATTACHED E.R.C. W
MINUTES Q
C8nPAi�,,,,o52ER"GU PW1 CD2 PAGE t OF 1 µ-00)
Development Code Amendment No. 93-07
Agenda Item #4
Hearing Date: 10-5-93
Page 1
REQUEST:
The request is a City initiated request for an amendment to the Development Code, which will
include removing the Standard Industrial Code (SIC) as a basis for determining permitted land
uses in the commercial and industrial land use districts. In addition, there are other
miscellaneous changes for clarification and clean-up purposes that are also included.
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) STATUS:
The Initial Study was completed by Tom Dodson and Associates and purposed a Negative
Declaration. The Environmental Review Committee (ERC), reviewed the proposed amendment
at their regularly scheduled meeting of September 2, 1993. A Negative Declaration was
recommended. The Initial Study was available for public review and comment from September
6, 1993 through September 30, 1993. No comments were received during the public review and
comment period.
BACKGROUND:
The current Development Code was adopted in September of 1991. The Development Code
included the use of the Standard Industrial Code (commonly refered to as the SIC Code) as a
basis to determine the level of review a project would be required to undergo. The SIC Code
is an Federal Government Accounting document which groups activities by similar use. This
approach has had some unforseen drawbacks which is why the City is returning to a more
traditional method of listing permissible uses.
ANALYSIS:
General Plan Consistency
The proposed Development Code Amendment is consistent with the General Plan with the
exception of auto-body work and related painting in the CG-1 land use designation (Attachment
A, Table 19.06.020(B)(3)). General Plan Amendment 93-02, to allow auto-body work and
painting in the CG-1 land use designation is being processed concurrently with this Development
Code Amendment. The approval of the GPA is required to create General Plan Consitency with
the above mentioned change to the Development Code.
s
Development Code Amendment No. 93-07
Agenda Item #4
Hearing Date: 10-5-93
Page 2
AMENDMENT
The amendment proposes to revise the table of permitted and conditionally permitted uses in the
commercial land use designations (§19.06.020) and in the industrial land use designations
(§19.08.020) as shown in Table 06.01.
The current Development Code groups related uses together based on the SIC Code. As a
result, the level of review required in many situations is inconsistent with standard planning
practices. The SIC Code groups inconsequential uses with uses that could potentially have
significant impacts. For example, under the existing Code a simple warehouse would be
required to process a Conditional Use Permit (CUP) since it is classified under Motor Fright
Transportation and Warehousing. Another example of inappropriate uses being grouped together
is watch repair and welding under the Miscelleanous Repairs classification.
The proposed amendment will use a more typical land use category type association to group
uses together, and as a result, will change the level of review required to reflect a more
appropriate standard. Many of the uses will still require ? CUP, however some of the uses
which currently require a CUP have been re-evaluated and will require a Development Permit
if the amendment is adopted. The proposed changes are illustrated in Attachments B and C
respectively.
The amendment also proposes to make minor miscelleanous changes and corrections to various
portions of the Development Code. The modifications are explained and illustrated in
Attachment D.
CONCLUSION:
The proposed amendment will replace the Standard Industrial Code as a basis for determining
permitted and conditionally permited uses within the commercial and industrial land use
designations. The amendment will also correct or clarify various portions of the Development
Code. The Development Code Amendment 93-07 is consistent with the General Plan with the
approval of GPA 93-02.
a
Development Code Amendment No. 93-07
Agenda Item #4
Hearing Date: 10-5-93
Page 3
RECOMMENDATION:
Staff proposes that the Planning Commission recommend that the Mayor and Common Council
adopt the Negative Declaration and approve Development Code Amendment No. 93-07 subject
to the attached Findings of Fact (Attachment "A").
Respectfully su ted,
Al u irector
Planning ui ding Services
Prepared by:
effery Adams, Assistant Planner
Attachment: A - Findings of Fact
B - Proposed Table of Permitted Uses (Commercial)
C - Proposed Table of Permitted Uses (Industrial)
D - Proposed Miscelleanous Changes/Corrections
E - Initial Study
Development Code Amendment No. 93-07
Agenda Item #4
Hearing Date: IO-5-93
Page 4
FINDINGS OF FACT
for
Development Code Amendment No. 93-07
1. The amendment is consistent with the General Plan in that proposed changes to the
commercial and industrial tables of permitted and conditionally permitted uses are
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 in that proposed changes are primarily procedural
in nature but do not change the ability to review development projects.
ATTACEMIENT A
4
Development Code Amendment 93-07
Mayor and Common Council meeting of
November 15, 1993
Page 4
ATTACHMENTS "B" & "C"
(NOT INCLUDED)
I
Note: The Ordinance, Exhibit 2, includes the Tables of Permitted Uses (Commercial & Industrial) and
' the Miscellaneous Changes.
Development Code Amendment No. 93-07
Agenda Item
+1� Hearing Date: 10-5-93
Page 17
MISCELLEANOUS CHANGES AND CORRECTIONS
DEVELOPMENT CODE AMENDMENT 93-07
INTRODUCTION
The following items are included in this amendment to help clarify the intent of the
provisions of the Development Code and to correct minor errors which were included as part
of the original approval of the Development Code. The proposed modifications are shown in
either BOLD (to be added), or in STRWcE THRU (to be deleted).
1. Condense Findings for Conditional Use Permits (CUP) and Development Permits
(DP) to eliminate repetition.
A. CONDITIONAL USE PERMIT FINDINGS: §J9.36.050
Existing:
1. The proposed use is conditionally permitted within the subject land use district
and complies with all of the applicable provisions of this Development Code;
2. The proposed use would not impair the integrity and character of the land use
district in which it is to be located;
3. The subject site is physically suitable for the type and intensity of land use
being proposed;
4. The proposed use is compatible with the land uses presently on the subject
property;
5. The proposed use would be compatible with existing and future land uses
within the general area in which the proposed use is to be located;
6. The proposed use is compatible in scale, mass, coverage, density, and intensity
with all adjacent land used;
ATTACHMENT D
s
Development Code Amendment No. 93-07
Agenda Item
Hearing Date: 10-5-93
Page 18
7. There are adequate provisions for water, sanitation, and public utilities and
services to ensure that the proposed use would not be detrimental to public
health and safety;
8. There will be adequate provisions for public access to serve the subject
proposal;
9. There will not be a harmful effect upon desirable neighborhood characteristics;
10. The proposed use in needed at the prescribed location, as demonstrated in the
market/feasibility study, if required;
11. The proposed use is consistent with the General Plan;
12. There will not be significant harmful effects upon environmental quality and
natural resources;
13. The negative impacts of the proposed use are mitigated; and
14. The proposed location, size, design, and operating characteristics of the
proposed use would not be detrimental to the public interests, health, safety,
convenience, or welfare of the City
Proposed:
1. The proposed use is conditionally permitted within, and would not impair the
integrity and character of, the subject zoning district and complies with all of
the applicable provisions of this Ordinance;
2. The proposed use is consistent with the General Plan;
3. The approval of the Conditional Use Permit for the proposed use is in
compliance with the requirements of the California Environmental Quality Act
and Section 19. of the Development Code;
4. There will be no potentially significant negative impacts upon environmental
quality and natural resources that could not be properly mitigated and
monitored;
a
ATTACEMENVT D
~ Development Code Amendment No. 93-07
Agenda Item
y Hearing Date: 10-5-93
Page 19
5. The location, size, design, and operating characteristics of the proposed use
are compatible with the existing and future land uses within the general area in
which the proposed use is to be located and will not create significant noise,
traffic or other conditions or situations that may be objectionable or
detrimental to other permitted uses in the vicinity or adverse to the public
interest, health, safety, convenience, or welfare of the City;
6. The subject site is physically suitable for the type and density/intensity of use
being proposed; and
7. There are adequate provisions for public access, water, sanitation, and public
utilities and services to ensure that the proposed use would not be detrimental
to public health and safety.
B. DEVELOPMENT PERMIT FINDINGS: § 19.44.060
Exisiting:
1. The proposed use is permitted within the subject land use district and this
project complies with all of the applicable provisions of this Development
Code, including prescribed development standards and design guidelines;
2. The subject site is physically suitable for the type and intensity of the land use
being proposed;
3. The proposed development would be harmonious with existing and future
developments within the land use district and general area;
4. There are adequate provisions for water, sanitation, and public utilities and
services to ensure that the proposed use is not detrimental to public health and
safety;
I5. There is adequate public access to serve the subject proposal;
6. There are no significant harmful effects upon the environmental quality and
natural resources;
7. The negative impacts of the proposed use shall be mitigated;
ATTACHMENT D
,
r Development Code Amendment No. 93-07
Agenda Item
4 Hearing Date: 10-5-93
Page 20
8. The proposed use is consistent with the General Plan; and
9. The proposed location, size, design, and operating characteristics of the
requested use are not detrimental to the public interest, health, safety,
convenience or welfare of the City.
Proposed:
1. The proposed development is one permitted within the subject zoning district
and complies with all of the applicable provisions of this Ordinance, including
prescribed development/site standards and any/all applicabel design guidelines;
2. The proposed development is consistent with the General Plan;
3. The proposed development would be harmonious and compatible with existing
and future developments within the zoning district and general area, as well as
with the land uses presently on the subject property;
4. The approval of the Development Permit for the proposed development is in
compliance with the requirements of the California Quality Act and Section
19. of the Development Code;
5. There will be no potential significant negative impacts upon environmental
quality and natural resources that could not be properly mitigated and
monitored.
6. The subject site is physically suitable for the type and density/intensity of use
being proposed;
7. There are adequate provisions for public access, water, sanitation, and public
utilities and services to ensure that the proposed use would not be detrimental
to public health and safety.
8. The location, size, design, and operating characteristics of the proposed
development would not be detrimental to the public interest, health, safety,
convenience, or welfare of the City.
ATTAC DffM D
Development Code Amendment No. 93-07
Agenda Item
Hearing Date: 10-5-93
Page 21
2. Section 19.70.040 Temporary Use Permit Findings - Change from referencing
Conditional Use Permit Findings (§ 19.36.050) to Development Permit Findings
(§19.44.060).
3. Section: 19.36.070 & 19.44.070 Conditional Use Permit and Development Permit
Expiration - Extend the initial life of a Conditional Use Permit and a Development
Permit to two years instead of one year. Tie the expiration date of a Conditional
Use/Development Permit to a subdivision expiration date when both cases are filed
and processed concurrently.
Allow a single, one year Extension of Time to be processed consistent with the
current code.
4. Section: 19.04.030 (Table 04.02) Set Backs - Add a footnote clarifying yard
averaging and modify the language. The figures shown on the table as average are
actually the minimum allowed for individual units. If yard averaging is used, the
minimum set back may be 20 feet (RS through RM) but the average set back of all
the yards considered must equal 25 feet.
CHANGE: FRONT YARD SETBACK - for RL through RH, show the current "averages"
as minimums and add Footnote #8. Remove the current numbers shown as
"minimums."
ADD: Footnote (8) A five foot reduction in the minimum front yard setback is
allowable for individual lots when yard averaging is used in conjunction with
new subdivisions.
5. Section 19.04.030(2)(8) Single-Family Housing - Permit additions, alterations and
expansions to single-family houses, which legally existed prior to June 3, 1991, or
new single-family in-fill, to be consistent with RS, Residential Suburban standards.
Currently a single family-structure in a multi-family designation is subject to the
standards of the multi-family zone.
IPROPOSED: Additions, alterations and expansions to single-family houses, which
legally existed prior to June 3, 1991, shall comply with the standards of
the residential disaiet ift whieh the prejeet-is ieeated. M6 823 3 5 2
Suburban (RS) land use district.
ATTACHMENT D
Development Code Amendment No. 93-07
Agenda Item
Hearing Date: 10-5-93
Page 22
6. Section 19.20.030, Table 20.01 Fence Heights - The height of solid fencing in the
street side yard (a corner lot) is limited to three (3') feet in height. Change the code
to allow a six (6') height in the rear yard (from rear prop. line up to rear wall of the
main structure) along the side property line.
PROPOSED: The new definition of "rear yard" (see #18) will allow a 6 foot high
fence along a street-side yard from the rear property line up to the edge
of the main structure.
7. Section 19.20.030 (8)(D) Wall Design Standards - Clarify by referencing the wall
location next to a public street.
PROPOSED: Perimeter Tract or Commercial/Industrial Development walls which
are adjacent to a public street, shall have articulated planes by
providing, at a minimum for every 100 feet of continuous wall, an 18
inch deep by 8 foot long landscaped recession.
8. Section 19.20.030 (13)(E) Height Determination - Change the height limit for fences
in the front yard setback from 30 inches to three feet (36 inches) to be consistent with
Table 20.01, due to a typographical error at the time of the original printing.
PROPOSED: To protect safety sight-distance for vehicular movement, sight
obscuring fences, or walls, or other obstructions shall not exceed -M
des 36 inches in height when located in a front setback.
9. Chapter 19.22 Non-Conforming Signs:
O Change the definition of "ABANDONED SIGN" to read: Any display not
maintained for a period of 90 days or more which is considered a public
nuisance as per Section 19.22.090.
O Section 19.22.110 - Delete C, D, E and modify A to read: Structurally altered
so as to extend its useful life, except for maintenance.
ATTACBAUM D
Development Code Amendment No. 93-07
Agenda Item
Hearing Date: 10-5-93
Page 23
PROPOSED: A legally established sign which fails to conform to this Chapter shall
be allowed continued used, except that the sign shall not be:
A. Structurally altered so as to extend its useful life, except for routine
maintenance.
B. Expanded, moved, or relocated.
G. Re established after- a ehange in u-se-
D. Re established aftef: a busiftess has been abandoned fef: 90 days of:
mere.
E. Re established aftef: defftage of: destmetien of mere than 50% and th
be mpair-ed within 30 days of the date of its destfuetien, as detefmia
by the Dif;eete�
10. Section 19.24.040 Parking Requirements - Institute a combined parking requirement
for multi-tenant retail centers. One parking space per 180 sq. ft. of gross floor area
for tenants within the main structure and in stand alone buildings. One parking space
for every 250 sq. ft. of gross floor area for tenants over 15,000 square feet. It is
difficult to determine parking on a use by use basis with each having different
requirements. This is especially a concern for small centers that may have been built
under previous Code requirements.
This will reduce the need to verify parking on permitted uses within a multi-tenant
center. Some uses (restaurants particularly) can be precluded from opening in a
center if the entire center parking was calculated at retail, or if other restaurants are
already operating in the center.
11. Section 19.24.060(1)(B) Location of Parking Spaces - Change the language to
reference curb line (for 20' vehicle maneuvering setback) instead of property line.
Using the property line overly restricts small development sites and parkway widths
vary.
PROPOSED: No parking space shall be located so that a vehicle will maneuver
within 20 feet of a vehicular entrance measured from the pfep" lifte
face of curb.
ATTACHMENT D
Development Code Amendment No. 93-07
Agenda Item
Hearing Date: 10-5-93
Page 24
12. Section 19.24.060(3)(B) Garage Dimensions - Allow 20' X 20' garage, exterior
dimensions, instead of interior dimensions, for garages existing prior to June 3, 1991.
PROPOSED: A minimum unobstructed inside dimension of 20 feet by 20 feet shall
be maintained, for a new, private two-car garage or carport. The
minimum unobstructed ceiling height shall be 7 feet, 6 inches.
13. Chapter 19.26.040(2) Loading Zones - Add flexibility to the requirement for loading
zones by establishing a method of waiving the requirement, or modifying the
required size for a loading zone in special situations as decided by the Development
Review Committee.
PROPOSED: Required freight and equipment loading spaces shall be not less than 15
feet in width, 50 fee 19 Feet in length or as determined by the
approving authority, with 14 feet of vertical clearance.
14. Section 19.48.120 (5) Subdivisions - Delete 20% rule (increase/decrease) to conform
to the State Subdivision Map Act.
15. Chapter 19.60, Minor Modifications - Change the purpose statement to allow a 10%
increase. Change #4 to read "An increase or decrease of not more than 10% in
density or intensity of a Development Project.
PROPOSED:
PURPOSE: The modification procedure is intended to provide a method whereby minor
changes of 10% or less may be made to existing, previously approved land use
entitlements. without any additional impact
APPLICABILITY:
The director may grant a minor adjustment to an approved permit up to a
maximum of 10% governing only the following measurable design/site
considerations, which in no case would result in a reduction from any
minimum standard outlined in this Development Code:
4. Areduetien An increase or decrease of not more than 10% in density
or intensity of a Development Project.
ATTACHMENT D
Development Code Amendment No. 93-07
Agenda Item
Hearing Date: 10-5-93
Page 25
16. Section 19.62.030 (7) Non-conforming Uses - Remove the requirement for a public
hearing to re-occupy a suite in non-conforming, multi-tenant centers, when only the
suite has been vacant.
PROPOSED: An existing legal nonconforming use or legal nonconforming building
may be minimally expanded or changed subject to the granting of a
Development Permit
Seetieft 19.52.020, if all of the following findings are made:...
17. Section 19.70.020(11) Temporary Uses - Revise Temporary Use Permit uses and
request the City Attorney to assist with the language pertaining to City sponsored uses
and/or uses on City property.
18. Section 19.02.50 Definitions - Add/Change definitions for:
• Rear yard, and rear yard set back area
• Front yard, and front yard set back area
The existing definitions for front and rear yards can be used for the rear and front
yard set backs areas.
PROPOSED: Yard, Front - An area extending across the full width of the lot
between the front lot line or the existing or future street right-of-way
and . the front wall(s) of the
main structure (See diagram below). On corner lots, the shortest
street frontage shall be the front yard in residential land use districts,
while the longest street frontage shall be the front yard in
commercial/industrial land use districts.
Yard, Rear - An area extending across the full width of the lot
between the rear lot line and a sethaek line panglel thereto. the rear
walls) of the main structure (See diagram below).
soe
ram
WE
ATTACHMENT D
�i
Development Code Amendment No. 93-07
r Agenda Item
Hearing Date: 10-5-93
Page 26
a
PROPOSED: (New Definitions)
Setback Area, Front Yard - An area extending across the full width of the lot
between the front lot line or the existing or future street right-of-way and a
structural setback line parallel thereto.
Setback Area, Rear Yard - An area extending across the full width of the lot
between the rear lot line and a structural setback line parallel thereto.
ATTACB ENT D
INITIAL STUDY
AMENDMENT TO THE CITY DEVELOPMENT CODE
VARIOUS TEXT MODIFICATIONS
PREPARED FOR:
City of San Bernardino
Planning and Building Services Department
300 N. "D" Street
San Bernardino, California 92418
PREPARED BY:
Tom Dodson & Associates
444 N. Arrowhead Ave., Suite 203
San Bernardino, California 92401
SEPTEMBER 1993
ATTACHMENT "E"
4
' CITY OF SAN BERNARDINO
PLANNING AND BUILDING SERVICES DEPARTMENT
INITIAL STUDY
FOR
AMENDMENTS TO THE CITY DEVELOPMENT CODE
I PROJECT DESCRIPTION
Introduction
The City of San Bernardino has been operating under a new Development Code (Title 19,
City of San Bernardino Municipal Code) since May 1991 when it was approved by the City
Council. During this period several sections of the Development Code (Code) have been
found to require clarification or are in need of an update. Therefore, as part of the City's
ongoing process of reviewing the General Plan and Development Code,the City has decided
to make minor amendments to several sections of the Code. The City Planning and
Building Services Department, working with other City Departments, has prepared minor
revisions to approximately 20 sections of the Code that will facilitate review of land use
applications and provide greater flexibility in the development review process,while ensuring
the protection of the public's health, safety and welfare. The proposed modifications to the
Development Code are summarized in this project description (see Appendix 1 for the
whole text of the current and proposed text of the Code sections amended), and they are
evaluated in the following Environmental Impact Checklist Form and substantiating data.
Location
The Development Code modifications will apply to all incorporated land within the City of
San Bernardino city limits.
Project Characteristics
In order to forecast potential environmental effects from amending the Development Code,
the first step in the process is to characterize the potential physical changes in the
environment that may occur if the proposed Code language replaces the adopted Code
language. In the text which follows, each proposed Code amendment is compared to the
text of the adopted Development Code and the potential physical changes in the
environment are defined. The impacts or effects of these potential physical changes are
evaluated as part of the Environmental Checklist Form and the substantiating data.
1. Section 19.04.030, Table 04.02, Set Backs: A new footnote will be added to this table to clarify yard
averaging. Specifically, The figures shown on the table as average setbacks (see Appendix 1 to this
Initial Study) are actually the minimum allowed for individual units. If yard averaging is used, the
ow
~ minimum set back may be 20 feet (for the RS, RU-1, RU-2, and RM residential districts), but the
average set back of all the yards considered must equal 25 feet. The effect of this change is to allow
a slightly smaller distance (five feet) between the structures on a lot and the front and rear yard
property boundary.
2. Section 19,04.030(2)(R). Single-Family Housing: The language of this section would be modified to
allow a single family-structure in a multi-family land use zone to be subject to RS,Residential Suburban,
design standards, instead of multi-family zone (RM, RMH and RH) design standards. Specifically,
permit additions, alterations and expansions to single-family houses, which legally existed prior to June
3, 1991, and new single-family in-fill homes shall comply with the RS standards, rather than the RM
standards (see Appendix 2). In the case of already existing structures, this amendment simply makes
them legal where they were constructed in accordance with single-family residence design standards.
Regarding future single-family structures constructed as in-fill within a multi-family residential zone,the
structures will be constructed under the single-family residence design standards already contained in
the Development Code. The physical change in the environment caused by this amendment will be
minor setback differences, parking requirements and other minor design changes that will not extend
off of the property.
3. Section 19 20 030 Table 20 01 Fence Heights: The current text in Table 20.01 establishes a maximum
three (3') feet height for solid fencing in the street side yard (a corner lot, see Appendix 3). The Code
will be amended to allow a six (6') feet height in the rear yard (from rear property line up to the rear
wall of the main structure)along the side property line. The physical effect of this amendment is limited
to an individual property, and it will reduce visual access into the back yard of a residence on a street
corner.
4. Section 19,20.030(8)(M Wall Design Standards: The proposed text amendment would identify more
specifically the location where perimeter walls must have articulated planes. The text would be modified
to read: Perimeter Tract or Commercial/Industrial Development walls which are adjacent to a public
street......original text (see Appendix 4). The effect of this change will be to limit the locations where
walls must be constructed with articulated walls and landscaping. No other physical change in the
environment will result from implementing this text modification.
5. Section 19.20.030(13)(F-). Hcight Determination: Due to a typographical error, this section identifies
a height limit for fences in the front yard setback of 30 inches which should have been 36 inches as
shown on Table 20.10. The net effect of this change is to raise the height limit by six inches. No other
physical change in the environment will result from implementing this te= modification.
6. Section 19 22 030.Definitions: The definition of an"ABANDONED SIGN"is being modified from the
existing text(see Appendix 5). It will read: Any display not maintained for a period of 90 days or more
which is considered a public nuisance as per Section 19.22.090. This language simplifies the definition
and makes it more easily enforceable. This modification will not cause any physical change in the
environment, but it could cause some unquantifiable modification in the time period for requiring
removal of an abandoned sign.
7. Section 19 22110 Nonconforming Signs: This portion of the Code defines circumstances under which
the use of nonconforming signs can continue. The modified text eliminates all continued use of signs
where signs must be re-established (C, D, and E are deleted). Subsection A was modified to read:
Structurally altered so as to extend its useful life, except for maintenance. See Appendix 6 for a text
comparison. The effect of this change is to allow maintenance of nonconforming signs and to eliminate
continued use of nonconforming signs when they must be reestablished. No other physical changes in
the physical environment will result from implementing this text modification.
2
8. Section 19.24.040. Parking Requirements: Establish a new combined parking requirement for multi-
tenant retail centers. The new requirement will be: One parking space per 200 sq. ft. of gross floor area
for tenants within the main structure and in stand alone buildings. One parking space for every 250 sq.
ft.- of gross floor area for tenants over 15,000 sq. ft.. Currently, when a multi-tenant facility is
constructed assumptions about types of uses must be made, and this will allow calculation of parking
space requirements more rational for developers of such facilities. No net change in the environment
is anticipated from making this addition to the Code's parking requirements.
9. Section 19 24 060(1)(B) Location of Parking Spaces: The existing code text for location of parking
spaces will be modified to reference the curb line (for a 20'vehicle maneuvering setback) instead of the
property line. See the current text, Appendix 7. Using the property line overly restricts small
development sites and parkway widths vary. The effect of this change is to establish a more spec
reference point for parking space locations. No changes in the physical environment are forecast to
occur.
10. Section 19,24.060(3)(B)- Garage Dimensions: The existing code will be modified to allow 20' x 20'
garage based on exterior dimensions, instead of interior dimensions for garages existing prior to June
3,1991. This amendment makes existing garages with 20'x 20'exterior dimensions conform to the code.
No physical change in the environment will result from its adoption.
11. Chapter 19 26 Loading Zones: The existing loading zone chapter will be modified by adding text to
allow flexibility for loading zone requirements by establishing a method of waiving the requirement for
a loading zone in special situations as decided by the Development Review Committee. Additionally,
the text will establish a new minimum size (15' x 25') as well as having the option to vary the loading
zone size requirement up to 15' x 50' depending on the use/situation. The effect of this amendment
will be to allow elimination of loading zones for some development projects and to alter the size of the
loading zone required for other development projects. Assuring that loading zones are part of a total
site's development, the net change in the physical environment would be to allocate less or more of a
site to loading zone uses depending upon the specific project. Since the Development Review
Committee's responsibility is to ensure safety in its review of projects, no potential for adverse safety
impacts is forecast as a result of this amendmenL
12. Section 19.48.120(5). Subdivisions: The 20% increase/decrease rule for a subdivision will be deleted to
conform with the current State Subdivision Map Act. This change eliminates modifications from
approved subdivisions with no apparent changes in the physical environment because the footprint of
the subdivision remains the same.
13. (,chapter 19 60.Minor Modifications: The existing text identifies minor changes without any references
to a percentage of change that will be used as a criteria. The modification would identify a 10%
increase as the threshold for a minor change. Section 19.60.030(4) would be modified to establish the
10% threshold. It would read: An increase or decrease of not more than 10% in density or intensity
of a Development Project. Since the current language is open-ended, amending the text to specific a
10% threshold has the effect of placing an upper limit on minor modifications, i.e., restricting the
applications of this section of the Code.
14. Section 19.62.030(7).Non-conforming Uses: The proposed amendment would eliminate the requirement
for a public hearing to re-occupy a suite in non-conforming, multi-tenant centers, when only the one
suite has been vacant. The effect of this change is procedural in nature only and will make an
occupiable unit more readily available under the specific circumstances.
3
r 15. Section 19,70,020(11).TemPorary Uses: The range of no City-sponsored uses and activities
would be revised in coordination with the City Attorney's office to be more specific as to the type of
` uses that could receive temporary use permits. By establishing a list, the range of activities can be more
effectively controlled and the potential universe of uses is restricted.
16. Section 19,02,50,Definitions: Three new definitions will be added to the code:public uses and facilities;
rear yard, and rear yard set back; and front yard, and front yard set back. By establishing dear
definitions (see Appendix 8), the interpretation of these terms will be restricted with no effect on the
physical environment.
17. Section 19 36 050.Findings: Based on their experience over the past three years,the City is revising the
Conditional Use Permit findings from the current text (see Appendix 9), to the following:
1 The proposed use is conditionally permitted within,and would not impair the integrity and character of,the subject
zoning district and complies with all of the applicable provisions of this Ordinance;
2 The proposed use is consistent with the General Plan;
3. The approval of the Conditional use Permit for the proposed use is in compliance with the requirements of the
California Environmental Quality Act and of the Development Code;
4. There will be no potential significant negative impacts upon environmental quality and natural resources that could
not be proyeri mitigated and monitored;
5. The location,size,design,and operating characteristics of the proposed use arc comoat blc with the existing and future
land use within the general area in which the proposed use is to be located and will not created significant noise,
traffic or other conditions or situations that may be objectionable or detrimental to other permitted uses in the vicinity
or adverse to the public interest,health,safety,convenience,or welfare of the City,
6. 7be subject site is physically suitable for :he type and density/it,tensity of use being proposed;and
7. There are adequate provisions for public access,water,sanitation,and public utilities and services to ensure that the
proposed use would not be detrimental to public health and safety.
This proposed text amendment is procedural in nature and is considered comparable to the 14 findings
required in the present Code text. This modification has no potential to affect the physical environment.
18, Section 19,44.060.Findings: Based on their experience over the past three years,the City is revising the
Development Permit findings from the current text (see Appendix 10), to the following:
1. The proposed development is one permitted within the subject zoning district and complies with all of the applicable
provisions of this Ordinance,including prescribed development/site standards and any/all applicable design guidelines;
2 The proposed development is consistent with the General Plan;
3. The proposed development would be harmonious and compatible with existing and future developments within the
zoning district and general area,as well as with the land uses presently on the subject property,
4. The approval of the Planned Development Permit for the proposed development is in compliance with the
requirements of the California Environmental Quality Act and of the Municipal Code;
S. 71em will be no potential significant negative impacts upon environmental quality and natural resources that could
not be proyerlV mitigated and monitored;
6. 7be subject site is physically suitable for the type and density/intensity of use being proposed;
7. There are adequate provisions for public access,water,sanitation,and public utilities and services to ensure that the
proposed development would not be detrimental to public health and safety,and
4
OW
~ 8. The location,size,design,and operating characteristics of the proposed development would not be detrimental to the
public interest,health,safety,convenience,or welfare of the City.
This proposed text amendment is procedural in nature and is considered comparable to the 9 findings
required in the present Code text. This modification has no potential to affect the physical environment.
19. Section 1906 020 Table 06.01- Permitted Development Permitted and Conditionally Permitted Uses
in Commercial zoning districts: When the City originally compiled Table 06.01 to the Code SIC codes
were used to identify commercial land uses. These codes have been found not to correlate with actual
uses being submitted to the City in applications. Therefore, Table 06.01 has been revised as shown in
Appendix 11. All commercial uses are addressed, but under a different format. In addition, the level
of review for some types of uses has been revised. However, the granting of a permit for all land uses
requires an evaluation of and finding regarding design compliance, land use compatibility, and
environmental effects for each proposed development project prior to issuing the permit. The revisions
to this table are procedural in nature and do not have any potential to cause a physical change in the
environment since similar evaluation and findings are required under the adopted Code.
20. Section 19.08.020, Permitted Development Permitted and Conditionally Permitted Uses in
Manufacturing/Industrial zoning districts: When the City originally compiled Table 06.01 in the Code
SIC codes were used to identify manufacturing and industrial land uses. These codes have been found
not to correlate with actual uses being submitted to the City in applications. Therefore, a new
unnumbered table that replaces the industrial listings under Table 06.01 has been developed, as shown
in Appendix 12. All manufacturing and industrial uses are addressed,but under a different format. In
addition,the level of review for some types of uses has been revised. However,the granting of a permit
for all land uses requires an evaluation of and finding regarding design compliance, land use
compatibility,and environmental effects for each proposed development prior to issuing the permit. The
revisions to this table are procedural in nature and do not have any potential to cause a physical change
in the environment since similar evaluation and findings are required under the adopted Code.
If this amendment to the Development Code, including all the text revisions described
above, is approved by the City Council, the text of the Development Code will be modified
and the revised text will govern the future development that comes under these code
sections. The issue being addressed in this Initial Study is whether the proposed changes
in the Development Code will cause any adverse environmental effects.
D. Environmental Impact Checklist
This concludes the description of the proposed project The City's Initial Study
Environmental Checklist Form follows this section. The Form is followed by comments
provided to substantiate the conclusions presented in the Initial Study Environmental
Checklist Form. Supporting data is provided for all Checklist Form issues to ensure that
adequate substantiation is provided for all conclusions in the Initial Study.
5
CITY OF SAN BERNAHLANO PLANNING AND BUILDING ;._RV10ES DEPARTMENT
ENVIRONMENTAL IMPACT CHECKLIST
FA- ACKGROUND pficaiion Number.ojeaDesc(lpion: Amendment to Development Code Section 19.04.030, Table 04.02,.04.032(Z)(R) , a e , 19. 0.030 8 D , 19.20. 3 1 ,
.22.030, 19.22.110, 19.24.040, 19.24.060(1)(6) , 19.24.060(3)(8) , Chapter
ap er - , ,
19.36.050, 19.44.060, 19.06.020, Table 06.01 , and 19.08.020
Location: City-wide.
Environmental Constraints Areas: Affects all areas of the City.
General i=ian Desionation: City-wide.
Zoning Desiona-,ion: City-wide.
B. ENVIRONMENTAL IMPACTS Explain answers,where approp,:Fte, on a separate anached sheet
1. Earth Resources Will the proposal resuti in: Yes No Maybe
a. Earth movement (cut anciw fil)of 10,000 cubic
yards or more? X
b. Development andtor grading on a slope orerer
than IS%natural grade? X
c. Development within the Alquisi-Prbb Special
Studies Zone as defined in Section 12.0-Geoiooi:
b Seismic, Figure 47,of the City's General Plan? X
d. Modification of any unique geologic or physical
feature? X
e. Development within areas defined for high potential for
water or wind erosion as identified in Section 12.0-
Geologic 3 Seismic, Figure 53,of the City's General
Plan? X
1. Modification of a channel,creek or river? X
Cr. a W..w.o ►LAK.DJX PAGE I V_ (31-lot
g. Development within an area subject to landslides, Yes No Maybe
mudslides, liquefaction or other similar hazards as
identified in Serion 12.0-Geologic b Seismic,
Figures 48,52 and 53 of the City's General Plan? X
h. Other?
None X
2. Air Resources: Mill the proposal result in:
a. Substantial air emissions or an a°eta upon ambient
air quaky as defined by AOMD? X
b. The creation of objectionable odors? X
c. Development within a high wind hazard area as identified
in Somion 15.o- Yr d 8 Fire, Figure 59, of the Cey's
General Plan? X
3. Water Resources: Will the proposal result in:
a. Changes in absorption rates, drainage pa-,,erns,or the
rate and amount of surface runoff due to
impermeable sur.aces? X
b. Changes in the course or flow of flood waters? X
c. Discharge into surface wmers or any atermipn
of surface water quality? X
d. Change in the quantity of quality of ground water? X
e. Exposure of people or property to fipod hazards as
identified in the Federal Emergency Management -
Agency's Flood insurance Rate Map, Community Panel
Number D60281 - , and Secnion 10.0-
Flooding, Figure 62,of the City's General Plan? X
i. Other? None X
A. Biological Resources: Could the proposal result in:
a. Development within the Biolooical Resources
Managemerx Overlay, as identified in Section 10.0
- Natural Resources, Figure 41,of the City's
General Plan? X
b. Change in the number of any unique,rare or
endangered species of ptana or their habral including
stands of trees? _X
G Change in the number of any unique,rare or
endangered species of aninals or their habitat? X
d. Removal of viable, mature trees? (6'or greater) X
e. Other? None X
5. 'Noise: Could the proposal result in:
a. Development of housing, health care iacilhies,schools,
libraries, religious facilities or other'noise'sensitive uses
in areas where existing or future noise levels exceed an
Ldn of SS dB(A)exterior and an Ldn of AS dB(A)interior
as identifed in Section 14.0- Noise, Figures 14-6 and
14-13 of the City's General Plan? X
b. Development of new or expansion of existing industrial, Yes
No Maybe
commercial or other uses which generate noise levels on
areas containing housing,schools, health care facilities
or other sens6ve uses above an Ldn of 65 dB(A) exterior X
or an Ldn of 45 dB(A)interior?
X
c. Other? None.
6. Land Use: Will the proposal result in:
a. A change in the land use as designated on the X
General Plan?
b. Development within an Airport District as idenifed in the
Air Installation Compatible Use Zone (AICUZ)Report and the Land Use Zoning District Map?
c. DevelopmerA within Foothill Fire Zones A d B, or C as X
identified on the Land Use Zoning Districl i-Aap.
d. other
None. X
7. Man-Made Hazards: Vrill the projeG:
a. Use, store,transport or dispose of hazardous or
toxic materials (in::�udiing but not limited to oil, X
pesticides, che„ticais or radiation)? _--
b. involve the release of hazardous substances? X
c. Expose people to the potential hea ahtsalmy hazards? X
d. Other? None. --X--
E. Housing: Will the proposal:
a. Remove existing housing or create a demand X
tar addttionai housing?
b. Other? Non X
9. Transportation/Circulation: Could the proposal,in
comparison with the Circulation Plan as identfied in Section
6.0-Circulation of the City's General Plan, resut in:
a. An increase in traffic that is greater than the land
use designated on the General Plan? X
b. Use of existing,or demand for new,parking X
- facilhiessmatures?
c. Impact upon existing public transponation systems?
d. Aheration of present patterns of circulation? X
e. Impact to rail or air traffic? X
IL Increased safety hazards to vehicles,b'uyclists or X
pedestrians?
g. A disjointed panom of roadway improvements? X
K Significant increase in traffic volumes on the roadways X
or intersections?
L Other? None. X
0- a PLAN-tit PAGE30F._ W-N1
10. Public Servlow Will the proposal impact the lollowing Yes No Maybe
beyond the capa5lny to provide adequate levels of service?
a_ Fire protection? X
b. Police protection? x
c. Schools (.e., attendance, boundaries, overload, etc.)? X
d. Parks or other recreational facilities? X
e. Medical aid?
f. Solid Waste? -X.-
g. Other? None X
11. Utilities: Will the proposal:
a. Impact the following beyond the capability to
provide adequate levels of service or require the
construction of newf2:ilnies?
1. Natural gas? X
2 Elec:ric'rry? _x_
3. Water? X
4. Sewer? x _
S. other? None. X
b. Result in a disjointed pattern d uliliry extensions? X
c. Require the construcion of new facTcies? X
12 Aesthetics:
a. Could the proposal resub in the obstruction of any
scenic view? X
b. Will the visual impact of the prajecl be detrimental
to the surrounding area? X
c. Other? None.
13. Cultural Resources: Could the proposal resub in:
a. The alteration or destrumbn of a prehistoric or
historic archaeological she by development within an
archaeological sensitive area as identified in Section
3.0-Historical, Figure B.of the City's General Plan? _x
b. Alteration or destruction of a historical site,st=ure
or object as listed in the City's Historic Resources
Reconnaissance Survey? X
c. Other? None. X
-
r+s...e.awswrs
14. Mandatory Findings of Significance (Section 15065)
The California Environmental Duality Act states that ii any of the following can be answered yes or
maybe, the project may have a significant effect on the environment and an Environmental Impact
Report shall be prepared.
Yes No Maybe
a. Does the project have the potential to degrade the
quality of the environment, substantially reduce the
habitat of a fish or wildlife species,cause a fish or
wildlife population to drop below sell sustaining levels,
threaten to eliminate a plant or animal community,
reduce the number or restrict the range of a rare or
endangered plant or animal or eliminate important
examples of the major periods of California history X
or prehistory?
b. Does the project have the potential to achieve short-
term,to the disadvantage of long-term, environmental
goals? (A short-term impact on the environment is one
which occurs in a relatively brief, definitive period
of time while long-term impacts will endure well into X
the future.)
c. Does the project have impacts which are individually
limited, but cumulatively considerable? (A project may
impact on two or more separate resources where the
impact on each resource is relatively small, but where
the effect of the total of those impacts on the X
environment is significant.)
d. Does the project have environmental eflec s which will
cause substantial adverse effects on human beings, X
either directly or indirectly?
' C. DISCUSSION OF ENVIRONMENTAL EVALUATION AND MITIGATION.MEASURES
(Attach sheets as necessary.)
See attached sheets that discuss each Checklist issue.
u•• Co EF+roc PLAN-9.06 PAGE 5 O� 01•90)
a.�---.c lwces
4
D. DETERMINATION '
On the basis of this initial study.
The proposed project COULD NOT have a significant etieci on the environment and a NEGATIVE DECLARA-
TION will be prepared.
The proposed project could have a significant etteci on the environment,ahhouoh there will not be a significant
effect in this case because the mitigation measures described above have been added to the project. A
NEGATIVE DECLARATION will be prepared.
ElThe proposed project MAY have a significant efiez on the environment, and an ENVIRONMENTAL IMPACT
REPORT is required.
ENVIRONMENTAL REVIEW COMMITTEE
CITY OF SAN BERNARDINO, CALIFORNIA
Name and Title
Signature
Date: Safi i EMi3t� f`I 4 3
GLAN.9.D6 PAGE�O; ft 1.901
E Discussion of Environmental Evaluation and Mitigation Measure
The following substantiation of findings in the Initial Study Checklist follow the same order
of presentation under Section B, Environmental Impacts, of the Checklist.
1. Earth Resources
a-g. The proposed amendment to the Development Code has no potential to directly
impact any of the earth resources. Modifications 1 and 2 would result in minor lot
configuration changes due to set back and design changes, but no specific impacts
from or to earth resource have been identified. Small changes on lots may also
result from Modifications 8 and 9 (parking requirements) and Modification 11
(loading zones), but again these are all within or adjacent to lots and no specific
impacts from or to earth resources have been identified. The remainder of the
modifications are procedural in nature, affect existing facilities, or continued use-of
existing facilities and no potential earth resource impacts have been identified for
these modifications. The review process under the amended Development Code will
continue to ensure that future projects are developed in a manner to protect people
and property from geologic hazards and that earth resources are given consideration
in development decisions. No potential for significant adverse impact has been
identified, and no mitigation is required.
2. Air Resources
a-b. The proposed amendment does not change existing land uses or densities. - It-
contains modifications (8, 9, and 11)which will ensure that indirect source emissions
are not increased on individual lots. Further, by enhancing definitions and
establishing criteria in reviewing development which was previously open-ended (12,
13, 15, and 16), the potential for increased indirect source emissions will be reduced.
Because neither land uses or densities will be changed by the amendment, its
implementation has no potential to result in substantial air emissions or odors
beyond that already permitted and evaluated in the City's General Plan and the EIR
prepared for the General Plan.
3. Water Resources
at The proposed amendment to the Development Code has no potential to directly
impact any of the water resource issues. Modifications 1, 2, 8, 9 and 11 could result
in minor lot configuration changes due to set back and design changes and possible
expansion of loading zone areas, but the potential increases in runoff would be
handled on each lot and no significant impacts from or to water resources is forecast
to occur from these minimal changes in uses on a developed lot. The remainder of
the modifications are procedural in nature, affect existing facilities, or continued use
of existing facilities and no potential water resource impacts have been identified for
13
these modifications. The review process under the amended Development Code will
continue to ensure that future projects are developed in a manner to protect people
and property from flood hazards and that water resources are given consideration in
development decisions. No potential for significant adverse impact has been
identified, and no mitigation is required.
4. Biological Resources
a-e. The modifications proposed by this amendment do not alter the amount of natural
habitat that may be impacted by a project. Nor does it reduce the extent of review
a project must undergo for biological resource impacts. Therefore, the proposed
amendment has no potential to result in greater impacts to biological resources. All
standard development reviews and regulations regarding biological resources remain
in place and this amendment will not alter that process. This amendment does have
some potential to reduce the area of disturbance associated with development by
possibly reducing the areas affected by subdivisions (Modification 12) and minor
modifications (Modification 13). No potential for significant adverse impact has been
identified, and no mitigation is required.
5. Noise
a-c. The increased height for fencing (Modifications 3, 4 and 5) may provide for some
enhanced noise attenuation. All of the other modifications are procedural in nature,
affect existing facilities, or continued use of existing facilities. Standard development
review for noise impacts will continue and remain unaltered. It is concluded this
amendment has no potential to alter noise impacts from future project. Therefore,
no potential for significant adverse impact has been identified, and no mitigation is
required.
6. Land Use
a-d. The amendment does not change any land use designations, but it does change the
manner in which land uses are categorized under the Development Code
(Modifications 19 and 20). These Code modifications modify set back, parking and
design requirements, but do not lower overall standards already contained in the
existing Code. New criteria/thresholds of review are established and additional
definitions will assist to ensure that future development under each land use category
is more effectively processed and implemented. No potential adverse effects on
existing land use designations or Airport Districts will be created by the proposed
Development Code amendment. All of the proposed modifications in this
amendment are consistent with the General Plan and existing General Plan land use
designations. No mitigation is required.
14
7. Man-Made Hazards
a-d. This amendment to the Development Code does neot affect the se, tl rage,ensures t nsport
or disposal of any hazardous or toxic su b
ment on
adequate loading zones are established for accidents. e Theflothernameendment
individual lots and help reduce p otential
modifications are procedural, affect existing facilities, continued use of existing
facilities, or affect only residential type uses. Based no potential above, it is concluded the release of
that implementation of the amendment has p
hazardous substances or expose people to potential health/safety hazards. No
mitigation is required.
8. Housing
a-b. None of the proposed modifications has any identified potential to remove existing
housing or create a demand for additional housing. Modification 14 allows a
residential unit in a multi-family facility to be reoccupied easier which will make
housing more available. Therefore, no potential for significant adverse impact has
been identified, and no mitigation is required.
9. Transportation/Circulation
a-i. None of the amendment modifications has any potential to alter land use density or
cause more traffic than that already associated with the General Plan. New parking
requirements (Modifications 2 and 8) have been established which will ensure
adequate parking is provided for single-family residences in multi-family designated
areas and multi-tenant retail centers, respectively. Adequate loading zone area is
ensured under Modification 11. None of the other modifications affect the amount-
of available parking. None of the amendment modifications has any potential to
impact public transit systems, including air and rail. Based on the above, the
adoption and implementation of this amendment has no potential to cause a
significant adverse affect on Transportation/Circulation issues. No mitigation is
required.
10. Public Services
a-g. This amendment does not include changes to existing land uses or densities. It does
not alter access to public services in any manner. As each project is submitted under
the amended Development Code, each project will still be required to demonstrate
adequate access to or service by public services. All of the modifications are
procedural in nature, affect existing facilities, continued use of existing facilities, or
criteria for developing specific types of
that forecas et amendment has no identified the City's General Plan.
potential to impact public services beyond
15
Therefore, no potential for significant adverse impact has been identified, and no
mitigation is required.
11. Utilities
a-c. This amendment does not include changes to existing land uses or densities that
might increase demand for utilities or require construction of new utility
infrastructure. It does not alter access to utilities in any manner. As each project
is submitted under the amended Development Code, each project will still be
required to demonstrate adequate access to or service by utilities. All of the
modifications are procedural in nature, affect existing facilities, continued use of
existing facilities, or criteria for developing specific types of uses. This amendment
has no identified potential to impact utilities beyond that forecasted in the City's
General Plan. Therefore, no potential for significant adverse impact has been
identified, and no mitigation is required.
12. Aesthetics
a-c. This amendment does not restrict the City's ability to review and evaluate a project's
aesthetic impacts. Modifications 3-7 address fence locations and heights and signs.
The changes contained in the amendment are not forecast to significantly alter visual
impacts of fences and signs because the additional height is only a few inches to a
few feet and the signs will be managed with more specific criteria under the
proposed amendment. All of the modifications are procedural in nature, affect
existing facilities,continued use of existing facilities, or criteria for developing specific
types of uses. This amendment has no identified potential to impact aesthetic or
design qualities of future development which will continue to evaluated on a case-by-
case basis as projects are reviewed in the future. Therefore, no potential for
significant adverse impact has been identified, and no mitigation is required.
13. Cultural Resources
a-c. This amendment has no potential to directly impact cultural resources.
Implementation of this amendment could result in the possible disturbance of more
area on a lot,but the City requires a determination for potential presence of cultural
resources prior to such disturbance which would allow mitigation of any potential
significant impacts to cultural resources. The remainder of the modifications have
no identified potential to impact cultural resources from future development which
will continue to evaluated on a case-by-case basis as projects are reviewed in the
future. Therefore, no potential for significant adverse impact has been identified,
and no mitigation is required.
16
R ren
1. City of San Bernardino. 1991. Development Code.
2. City of San Bernardino. 1989. General Plan.
3. City of San Bernardino. 1985 General Plan Technical Background Report.
17
Development Code Amendment 93-07
Mayor and Common Council meeting of
November 15, 1993
Page 5
APPENDICES 1-12
(NOT INCLUDED)
Note: The Initial Study(with appendices 1-12)is on file in the Planning and Building Services Department
1 ORDINANCE NO.
2 AN ORDINANCE OF THE CITY OF SAN BERNARDINO TO REVISE THE
PERMITTED USE TABLES FOR COMMERCIAL AND INDUSTRIAL LAND USE
3 DESIGNATIONS, AND AMENDING SECTIONS 19. 02 . 050, 19 . 04 . 030 INCLUDING
TABLE 04. 02, 19 . 06. 020 INCLUDING TABLE 06. 01, 19 . 08 . 020 INCLUDING
4 TABLE 08. 02 , 19.20. 030, 19. 22, 19. 24 , 19.26. 040, 19.36. 050,
19.44 . 060, 19.48. 120 (5) , 19. 60, 19. 62 . 030 (7) , AND 19. 70. 020 (11) TO
5 ADDRESS MINOR CHANGES TO, AND CLARIFICATIONS OF THE SAN BERNARDINO
MUNICIPAL CODE (DEVELOPMENT CODE) .
6
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO
7 ORDAIN AS FOLLOWS:
8 SECTION 1. Chapter 19. 04 RESIDENTIAL DISTRICTS [see
9 Attachment A, Page II-7, of the Development Code, attached hereto
10 and incorporated herein by reference] :
11 A. Amend Section 19. 04. 030 Table 4 . 02 as follows: add
12 footnote #8 "A five foot reduction in the minimum front yard
13 setback is allowable for individual lots when yard averaging is
s
14 used in conjunction with new subdivisions. "
15 B. Amend the Front Setback designation in land use districts
16 RL through RH by changing the current averages to minimums, and
17 removing the current minimums and adding the footnote number.
18 SECTION 2 . Chapter 19.04 RESIDENTIAL DISTRICTS [see
19 Attachment A, Page II-31, of the Development Code, attached hereto
20 and incorporated herein by reference] :
21 A. Amend Section 19. 04 . 030(2) (R) SINGLE FAMILY HOUSING,
22 EXISTING to read as follows:
23 "Additions, alterations and expansions to single-family
24 houses, which legally existed prior to June 3 , 1991, shall comply
25 with the standards of the Residential Suburban (RS) land use
26 district. "
27
28
1
1 SECTION 3 . Chapter 19. 06 COMMERCIAL DISTRICTS [see
2 Attachment B, Page II-63 of the Development Code, attached hereto
3 and incorporated herein by reference] :
4 A. Amend Section 19. 06. 020 DEVELOPMENT PERMITTED AND
5 CONDITIONALLY PERMITTED USES to read as follows:
6 "Table 06. 01 represents those uses in the commercial land use
7 districts which are subject to a Development Permit (D) or
8 Conditional Use Permit (C) . " ;
9 B. Delete former Table 06. 01;
10 C. Add new Table 06.01, COMMERCIAL DISTRICTS LIST OF
11 PERMITTED USES [see Attachment B, Pages II-64 to II-71 of the
12 Development Code, attached hereto and incorporated herein by
13 reference] ;
14 SECTION 4. Chapter 19. 08 INDUSTRIAL DISTRICTS
15 A. Amend Section 19. 08. 020 DEVELOPMENT PERMITTED AND
16 CONDITIONALLY PERMITTED USES to read as follows [ see Attachment C,
17 Page II-136 of the Development Code, attached hereto and
18 incorporated herein by reference] :
19 "Table 08. 02 represents those uses in the industrial land use
20 districts which are subject to a Development Permit (D) or
21 Conditional Use Permit (C) . "
22 B. Add new Table 08. 02, INDUSTRIAL DISTRICTS LIST OF
23 PERMITTED USES [see Attachment C, Pages II-136A through II-136D of
24 the Development Code, attached hereto and incorporated herein by
25 reference] ;
26 SECTION 5. Chapter 19.20 PROPERTY DEVELOPMENT STANDARDS
27 [see Attachment D, Page III-6, of the Development Code, attached
28
2
1 hereto and incorporated herein by reference] :
2 A. Amend Section 19. 20. 030 (8) (A) Table 20. 01 FENCES, WALLS AND
3 HEDGES - HEIGHT AND TYPE LIMITS to add the following:
4 1. Section 1. Residential " (not including the rear yard) "
5 2 . Add #3 under * to read: "Rear yard defined for the
6 purposes of this section shall be from the rear property line to
7 the rear plane(s) of the structure. "
8 SECTION 6. Chapter 19.20 PROPERTY DEVELOPMENT STANDARDS [see
9 Attachment D, Page III-7, of the Development Code, attached hereto
10 and incorporated herein by reference] :
11 A. Amend Section 19.20. 030 (8) (D) WALL DESIGN STANDARDS to
12 read as follows:
13 "Perimeter Tract or Commercial/Industrial Development walls
14 which are adjacent to a public street, shall have articulated
15 planes by providing, at a minimum for every 100 feet of continuous
16 wall, an 18 inch deep by 8 foot long landscaped recession. Walls
17 shall be constructed with pilasters provided at every change in
18 direction, every 5 feet difference in elevation and at minimum of
19 every 25 feet of continuous wall. " ;
20 SECTION 7. Chapter 19.20 PROPERTY DEVELOPMENT STANDARDS [see
21 Attachment D, Page III-12, of the Development Code, attached hereto
22 and incorporated herein by reference] :
23 A. Amend Section 19.20. 030 (13) (E) HEIGHT DETERMINATION
24 (STRUCTURES) to read as follows:
25 "To protect safety sight-distance for vehicular movement,
26 sight obscuring fences, or walls, or other obstructions shall not
27 exceed 36 inches in height when located in a front setback. " ;
28 ////
3
1 SECTION 8. Chapter 19. 22 SIGN REGULATIONS [see Attachment
2 D, Pages III-17 & III-29 of the Development Code, attached hereto
3 and incorporated herein by reference] :
4 A. Amend Section 19.22 . 030 DEFINITIONS to read as follows:
5 "Abandoned Sian. "Any display not maintained for a period of
6 90 days or more which is considered a public nuisance as per
7 Section 19.22 . 090. 11 ;
8 B. Amend Section 19.22. 110 NONCONFORMING SIGNS - Amend
9 (1) (A) to read: "Structurally altered so as to extend its useful
10 life, except for maintenance" and delete Subsections C, D and E.
11 SECTION 9. Chapter 19.24 OFF-STREET PARKING STANDARDS [see
12 Attachment D, Pages III-54 & III-58 of the Development Code,
13 attached hereto and incorporated herein by reference] :
14 A. Amend Section 19.24 .040 NUMBER OF REQUIRED SPACES to add
15 a listing for shopping centers as follows:
16 "Shopping Centers - 1 space per 180 sf. of gfa. for tenants
17 within the main structure and in stand alone buildings. One
18 parking space for every 250 sf. of gfa. for single tenants over
19 15, 000 sf.
20 B. Amend Section 19.24 -060(l) (B) ACCESS to read as follows:
21 "No parking space shall be located so that a vehicle will
22 maneuver within 20 feet of a vehicular entrance measured from the
23 face of curb. ";
24 C. Amend Section 19.24 .060(3) (B) DIMENSIONAL REQUIREMENTS to
25 read as follows:
26 "A minimum unobstructed inside dimension of 20 feet by 20 feet
27 shall be maintained, for a new, private two-car garage or carport.
28
4
1 The minimum unobstructed ceiling height shall be 7 feet, 6
2 inches. " ;
3 SECTION 10. Chapter 19.26 OFF-STREET LOADING STANDARDS [see
4 Attachment D, Page III-66 of the Development Code, attached hereto
5 and incorporated herein by reference] :
6 A. Amend Section 19. 26. 040 (2) DIMENSIONS to read as follows:
7 "Required freight and equipment loading spaces shall be not
8 less than 15 feet in width, 19 feet in length or as determined by
9 the reviewing authority, with 14 feet of vertical clearance. " ;
10 SECTION 11. Chapter 19. 36 CONDITIONAL USE PERMITS [see
11 Attachment D, Pages IV-7 & IV-8 of the Development Code, attached
12 hereto and incorporated herein by reference] :
13 A. Replace Section 19. 36. 050 FINDINGS to read as follows:
14 "1. The proposed use is conditionally permitted within, and
15 would not impair the integrity and character of, the subject zoning
16 district and complies with all of the applicable provisions of this
17 ordinance;
18 2. The proposed use is consistent with the General Plan;
19 3 . The approval of the Conditional Use Permit for the
20 proposed use is in compliance with the requirements of the
21 California Environmental Quality Act and Section 19.20. 030(6) of
22 the Development Code;
23 4 . There will be no potentially significant negative impacts
24 upon environmental quality and natural resources that could not be
25 properly mitigated and monitored;
26 5. The location, size, design, and operating characteristics
27 of the proposed use are compatible with the existing and future
28
5
1 land uses within the general area in which the proposed use is to
2 be located and will not create significant noise, traffic or other
3 conditions or situations that may be objectionable or detrimental
4 to other permitted uses in the vicinity or adverse to the public
5 interest, health, safety, convenience, or welfare of the City;
6 6. The subject site is physically suitable for the type and
7 density/intensity of use being proposed; and
8 7. There are adequate provisions for public access, water,
9 sanitation, and public utilities and services to ensure that the
10
proposed use would not be detrimental to public health and safety. "
11 SECTION 12 . Chapter 19.44 DEVELOPMENT PERMITS [see
12 Attachment D, Pages IV-20 & IV-21 of the Development Code, attached
13 hereto and incorporated herein by reference] :
14 A. Replace Section 19.44. 060 FINDINGS to read as follows:
15 X11. The proposed development is one permitted within the
16 subject zoning district and complies with all of the applicable
17 provisions of this Ordinance, including prescribed development/site
18 standards and any/all applicable design guidelines;
19 2. The proposed development is consistent with the General
20 Plan;
21 3. The proposed development would be harmonious and
22 compatible with existing and future developments within the zoning
23 district and general area, as well as with the land uses presently
24 on the subject property;
25 4. The approval of the Development Permit for the proposed
26 development is in compliance with the requirements of the
27 California Environmental Quality Act and Section 19.20. 030 (6) of
28
6
1 the Development Code;
2 5. There will be no potential significant negative impacts
3 upon environmental quality and natural resources that could not be
4 properly mitigated and monitored;
5 6. The subject site is physically suitable for the type and
6 density/intensity of use being proposed;
7 7. There are adequate provisions for public access, water,
8 sanitation, and public utilities and services to ensure that the
9 proposed use would not be detrimental to public health and safety;
10 and
11 8 . The location, size, design, and operating characteristics
12 of the proposed development would not be detrimental to the public
13 interest, health, safety, convenience, or welfare of the City. "
14 SECTION 13 . Chapter 19.48 FINAL AND PARCEL MAPS [see
15 Attachment D, Page IV-34 of the Development Code, attached hereto
16 and incorporated herein by reference] :
17 A. Section 19.48. 120 (5) LOT LINE OR BOUNDARY ADJUSTMENTS,
18 delete former Subsection 5 and renumber;
19 SECTION 14 . Chapter 19. 60 MINOR MODIFICATIONS [see
20 Attachment D, Page IV-50 of the Development Code, attached hereto
21 and incorporated herein by reference] :
22 A. Amend Section 19. 60. 010 PURPOSE to read as follows:
23 "The modification procedure is intended to provide a method
24 whereby minor changes of 10% or less may be made to existing,
25 previously approved land use entitlements without any additional
26 impact. " ;
27
28
7
A
1 B. Amend Section 19. 60. 030 (4) APPLICABILITY to read as
2 follows:
3 "An increase or decrease of not more than 10% in density or
4 intensity of a Development Project. "
5 SECTION 15. Chapter 19. 62 NONCONFORMING STRUCTURES AND USES
6 [see Attachment D, Page IV-54 of the Development Code, attached
7 hereto and incorporated herein by reference] :
8 A. Amend Section 19.62 . 030 (7) NONCONFORMING USES to read as
9 follows:
10 "An existing legal nonconforming use or legal nonconforming
11 building may be minimally expanded or changed subject to the
12 granting of a Development Permit if all of the following findings
13 are made: " ;
14 SECTION 16. Chapter 19.70 TEMPORARY USE PERMITS [see
15 Attachment D, Page IV-77 of the Development Code, attached hereto
16 and incorporated herein by reference] :
17 A. Amend Section 19.70. 020 (11) PERMITTED USES to read as
18 follows:
19 "City-sponsored uses and activities, or activities occurring
20 on City-owned property, not occupying a structure and occurring at
21 regular periodic intervals (weekly, monthly, yearly, etc) shall be
22 exempt from the Temporary Use Permit requirement, however other
23 City permits (building permits, encroachment permits, etc. ) may be
24 required. " ;
25
26
27
28
8
1 ORDINANCE. . . TO REVISE THE PERMITTED USE TABLES FOR COMMERCIAL AND
INDUSTRIAL LAND USE DESIGNATIONS, AND AMENDING SECTIONS 19. 02 . 050,
2 19. 04 . 030 INCLUDING TABLE 04 . 02 , 19. 06. 020 INCLUDING TABLE 06. 01,
19. 08.20 INCLUDING 08. 02 , 19.20. 030, 19.22 , 19.24, 19.26. 040,
3 19. 36. 050, 19 .44 . 060, 19. 48. 120 (5) , 19. 60, 19. 62 . 030 (7) , AND
19.70. 020 (11) TO ADDRESS MINOR CHANGES TO, AND CLARIFICATIONS OF
4 THE SAN BERNARDINO MUNICIPAL CODE (DEVELOPMENT CODE) .
5
I HEREBY CERTIFY that the foregoing ordinance was duly
6
adopted by the Mayor and Common Council of the City of San
7 Bernardino at a meeting thereof, held on the
8
day of 1993, by the following vote, to wit:
9 Council Members: AYES NAYS ABSTAIN ABSENT
10 NEGRETE
11 CURLIN
12 HERNANDEZ
13 OBERHELMAN
14 DEVLIN
15 POPE-LUDLAM
16 MILLER
17
18
19 City Clerk
20 The foregoing ordinance is hereby approved this day
of , 1993 .
21
22
23 Tom Minor, Mayor
City of San Bernardino
24 Approved as to
form and legal content:
25 JAMES F. PENMAN,
26 City Attorney
27 By.
28
9
ATTACHMENT "A"
RESIDEW"AL DISTRICTS — 19.04
TABLE 04.02
RESIDENTIAL DEVELOPMENT STANDARDS
Standard RE RL RS RU-1 RU-2 R RMH PH CO-1.2 GC--2 Cg-2
Lot Area Maximum
UnrwClross Acre 1 3.1 4.5 8 8 12 21 31 12W21E 47
12 Sr. 12 Sr. 18 Sr. 31 Sr. 47 Sr. 47 Sr. 18W/31ESr. 130 Sr.
Lot Area
(s.f.) 1 aae 10,800 ay.7.200 7200 7,200111 14,400' 20,000(1 20,000 1 Jar. lam 1 am-R
9.720 mm. 20.000-MU
Lot WK=
(feet) 150 80 60 60 60 60 60 60 60 60 60
Corner Lot Widttl 150 88 66 66 66 66 66 66 66 66 66
Lot 0"M
(feet) 100 100 100 100 100 100 100 100 100 100 100
Front (8) (8) (8) (8) (8) (8) (8)
Setbam 25 min. 25 min. 25 min. 25 min. 25 min. 20 min. 20 min. 15 10 .0..
(fee) 35
Rear Semacx
(feet)``) 20 20 ay. 20 ay. 10 10 10 10 10 10 10 -0-
15 rtun. 15 mat.
Side
Setback
minimum 1 story:S plus 1'for ea. IT of wad bn0h
(feet) 5 5 5 5 5 2 story: 10'phis 1'for K 15'of waif khVM -0-
OU Seoaracon'41 15 15 15 15 15
Side SOMaac
Street Sloe
(faety" 15 15 15 15 15 15 15 15 10 10 -0-
Budotng
Lot Coverage
(Maximum%) 35 35 35 40 40 50 SO 5D 50 50 100
Distance
Between Bkdp.
(feet) 10 10 10 20 20 20 20 20 20 20 20
Pmraw
Outdoor,
Living`+T�CC��,,,�
(s.f.) NA NA NA s.f.or 25%of tart am whx:i w er in his
Common Useabie
Outdoor Scaamsf) NA NA NA Um of not sits arcs
Maximum
Stricture Ht.in 3 25 2.5 25 25 318 3431 4A 4M 2
Starts(feet) (45) (35) (35) (35) (35) (42) (42) (561 (52) (30) (100)lal
Maximum Average
No.of A=cned
Dwelling Unas 6m 6m 6m 8 8 12 12 12 12 12 NA
ay.-Average W.WOW of t-215 MU.Mixas Use ac.. Acre SL. Savor
min.-mtmffwm E-East at 1-215 R.Resrds MW s.f..square fast
(1) For lam of record onor to Jury Z. 1989 tfte mi is.tum lot area s 6200 s1 and exstng lot wrdft and dsgls an on...std:
(2) The min.iot sae may be less than 14,400 at,but tfta mwL denady s 6 dwelling unit;par grass acre, 12 for senor to-r.o
(3) The min.lot sae may be Isss than 20.000 St.wM the falowmg testncaona:
14,400 to 19.999 at lot sae-12 owWirtgs or 18 Senor urtas
Lass titan 14,400 sf bt sat-8 dwei&Va or 12 Sentor urm
(4) Ses Secton 19.04.030(2)(A)Oar accessory souctum setback reguaemens.
(5) Exceot wittun 75 test of the Rao+dermal Suburban(RS)Land Use Dsutct wnere ttts height ahal be ii .'lo ZS ssstas or
35 tees
(6) See Section 19.06.030(2)(E)for adowabie 50 foot addtional bonus hetghi
M AM§cned owelGng unrs are orvy per maned in the Hftide Maragwrnnt overtay Diauxt
8) A 5 foot reduction in the minimum front yard setback is allowable for
individual lots when yard averaging is used in conjunction with new
subdivisions.
II-7 5/91
A DE TIAL DISTRICTS-19.44
f. Senior citizen/congregate care parking requirements may be
adjusted on an individual project basis, subject to a parking
study based on project location and proximity to services for
senior Citizens including, but not limited to medical offices,
shopping areas,mass transit, etc
15. The project shall be designed to provide maximum security,for
residents, guests, and employees.
16. Trash receptacle(s) shall be provided on the premises. Trash
receptacle(s) shall comply with adapted Public Works Department
Standards and be of suffident size to accommodate the trash
generated. The receptacle(s) shall be screened from public view on
at least 3 sides by a solid wall 6 feet in height and on the fourth
side by a solid gate not less than 3 feet in height The gate shall be
maintained in good working order and shall remain closed except
when in use. The wall and gate shall be architecturally compatible
with the surrounding buildings and structures. The receptacle(s)
shall be located within dose proximity to the residential units
which they are intended to serve
17. Residential occupancy shall be limited to single persons over
60 years of age or'married couples of which one spouse is over 60
years of age.
18. Developers of Senior Citizen/Congregate Care housing which have
a density larger than that allowed in the underlying land use district,
shall provide a marketing analysis which anal ion
and a conversion plan of Senior residential units g term feasibility
a corresponding reduction in the number of units t��� units, with
allowed in the underlying land use district if the is the density
by Seniors 60 P�j�is not occupied
years of age or older. The feasibility study and conversion
plan shall not be required if the project is sponsored by any gOVernment
housing agency, the City's Development Department or a non-profit
housing development corporation. If the proposed project is to be
located in the CO-1, CO-2 land use district the conversion plan shall
address the transformation of residential units into the uses allowed
in the Commercial Office land use districts.
19. All parts of all structures shall be within 150 feet of paved access for
single-story and 50 feet for multi-story.
R- SINGLE FAMILY HOUSING, E)QSTING
Additions, alterations and expansions to single-family
houses, which legally existed prior to June 3 , 1991,
shall comply with the standards of the Residential
Suburban (RS) land use district.
II-31
AITACBNJI T "B"
CC AERCIAL DISnUCM-19.06
P. OIP (OFFICE INDUSTRIAL PARK) DISTRICT
This district is intended to establish the Waterman Avenue corridor and
other appropriate areas as 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.
19.06.020 DEVELOPMENT PERMITTED AND CONDITIONALLY
PERMITTED USES:
Table 06. 01 represents those uses in the commercial land use
districts which are subject to a Development Permit (D) or
Conditional Use Permit (C) .
II-0 5191
A7TACHMENT "B"
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INr 'TRIAL DISTRICTS-19.08
C. IE (INDUSTRIAL EXTRACTIVE) DISTRICT
This district is intended to promote the mining and processing of the
City's mineral resources in the Cajon Creek, Lytle Creek, and Santa Ana
River areas, while ensuring their compatibility with adjacent land uses.
Additionally, this land use district provides for the development of inter-
im uses including, but not limited to lumber yards, outdoor storage, plant
nurseries,recreation (non-structural), etc., which do not impair the long
term ability to extract and process mineral resources.
19.08.020 DEVELOPMENT PERMITTED AND CONDITIONALLY
PERMITTED USES:
Table 08. 02 represents those uses in the industrial land use
districts which are subject to a Development Permit (D) or
Conditional Use Permit (C) .
19.08.030 LAND USE DISTRICT DEVELOPMENT STANDARDS
1. GENERAL STANDARDS
A. The following standards are minimum unless stated as maximum:
TABLE 08.01
INDUSTRIAL ZONES DEVELOPMENT STANDARDS
Development Standards
Gross Lot Areal) 20,000 40,000 NA
Front Setback 10 10 NA
Rear Setback 10 10 NA
Side Setback (Each) 10(2) 10(2) NA
Side Setback (Street Side) 10 10 NA
Lot Coverage (Maximum) 75 75 NA
Structure He';ht (Maximum) 2 stories none NA
(Feet)
(1)This standard is only required for new industrial subdivisions.
(2)Unless attached buildings are proposed, whereby no side setback would be required
for the attached side.
(3)Unless the Commission finds that increased height is necessary for the proposed
industrial use.
II-136 5/91
Table 08.02 --
INDUSTRIAL DISTRICTS LIST OF PERMITTED USES
19 . 08. 020 PERMITTED, DEVELOPMENT PERMITTED AND CONDITIONALLY
PERMITTED USES
The following list represents those primary uses in the manufact-
uring/industrial zoning districts which are Permitted (P) ,
subject to a Development Permit (D) or a Conditional Use
Permit (C) :
LAND USE ACTIVITY CH OIP IL IH IE
1. Accessory structures/uses typically ap- D D D D D
purtenant to a principally permitted
land use activity;
2 . Agricultural Production-crops; - - - D D
3 . Agricultural Services; D - D D -
4 . Assembling, cleaning, manufacturing, D D1 D D -
processing, repairing or testing of
products including automotive related
(except dismantling) and welding and
excluding explosives, conducted entirely
within an enclosed structure except for
screened outdoor storage areas;
5. Assembling, cleaning, manufacturing, D - - D -
processing, repair of products, re-
search, storage, testing or wholesale
land uses (except explosives) with a
portion of the operation (other than
storage) occurring outside of an en-
closed structure;
A. Outside land uses in the CH and IH C - - C -
districts within 150 feet of a res-
idential land use district;
6. Concrete batch plants, processing of - - - C C
minerals and aggregate and other related
land uses, not including extraction
activities;
7. Crematory; D - D D -
8 . Dwelling unit for a full time security - - D D D
guard and family;
9. Educational Service, including day care; D D D C -
0
LAND USE ACTIVITY CH OIP IL IH IE
10. Entertainment/Recreational Uses:
A. Adult Entertainment; C - - - -
B. Auditoriums, Convention Halls and C C - - -
Theaters;
C. Miscellaneous Indoor; and D C D D -
D. Miscellaneous Outdoor. C C C C C
° 11. Financial; D D - - -
12 . Fuel Dealers; C - C D -
13 . Funeral Parlors/Mortuaries; D - D D -
14 . Gasoline Service Stations; D - D D -
15. Heliports/Helipads; C C C C C
16. Impound Vehicle Storage Yards (with or C - C D -
without towing) ;
17 . Membership organizations, including D D D - -
churches and fraternal lodges;
18 . Mining/Extraction, including aggregate, - - - - C
coal , gas, metal and oil ;
19 . Mobile Home Dealers (sales and service) ; D - D D -
20. Offices/Services (administrative and D D D - -
professional;
21. Outdoor contractor's, lumber, and rental D - D D D
yards and storage areas for building
supplies;
22 . Outdoor Horticultural Nurseries; D - D D D
23 . Parking Lots; D D D D D
24 . Personal Services; D D2 D2 - -
25 . Pipelines (As defined by Section C C C C C
19 . 20. 030 [12] [E] or as superseded by
State or Federal law) ;
LAND USE ACTIVITY CH OIP IL IH IE
26. Public utility uses, distribution and D D D D D
transmission substations and commun-
ication equipment structures;
27 . Publishing/Printing Plants; D D D D -
28 . Railroad Yards ; - - - D -
29 . Recycling Facilities; (In compliance with Section
19. 06.030 [2] [M] )
30. Research and Development, including lab- D D D D -
oratories;
31. Retail Commercial; D D2 D2 - -
32 . Salvage and Wrecking (dismantling) - - - C C
yards;
33 . Salvage and Wrecking Facilities (com- C - C C -
pletely within an enclosed structure) ;
34 . Swap Meets; C - C C C
35. Towing Services; D - D D -
i 36. Transportation/Distribution; D - D D -
37 . Truck Stops; - - C C -
38. Veterinary Services/Animal Boarding; D - D - -
39. Warehousing and Wholesaling, including D - D D -
self-service mini-storage; and
40. Other
A. Antennae, Satellite and Vertical; D D D D D
B. Cleaning/Janitorial ; D D D - -
C. Clubs, Lodges and Meeting Halls; D D D - -
D. Copy Centers/Postal Service Cent- D D D - -
ers and Blueprinting;
E. Equestrian Trails; P P P P P
F. Fences/Walls; D D D D D
LAND USE ACTIVITY CH OIP IL IH IE
G. Police/Fire Protection; D D D D D
H. Religious Facilities; D D D - -
I. Single-Family Residential P P P P P
(Existing - MC823 3-5-92) ; and
J. Temporary Uses (Subject to a [T] T T T T T
Temporary Use Permit) .
1 Except auto related.
2 Incidental to a primary use, and contained within a primary
structure (15% max. ) .
Other similar uses which the Director finds to fit within the
purpose/intent of the zones, in compliance with Section
19 .XX.XXX.
II-136D
AITACI-11 I' "D"
PROPERTY DEVELOr%MNT STANDARDS-14.M
TABLE 20.01
FENCES, WALLS, AND HEDGES
HEIGHT AND TYPE LIMITS
Districts Maximum Permitted Height*
I. Residential
-Front yard or side of street yard 3' -Solid structures or plants
-(not including the rear 4' -Open work structures or plants
yard) (must permit the passage of a
�nim�of 90% of light),
-Other yard area 6'
-Outside of required yard area 8'
-Abutting a non-residential district 6' -Solid,decorative masonry wall
2. Co=erc-al. Indus al
and Institutional
-Front yard or side of street yard 2'6" -Solid structures or plants
6' -Open work structures or plants
-Abutting residential district 8' -Solid, decorative masonry wall
-Other yard area 81
- Outdoor storage areas visible 10' -Commercial
from public rights-of-way (located 12' -Industrial
behind required yards)
3. All Distr.'c'.s -Traffic Saf=Site area 2'6"
4. Public i vh t-cf-t ay g.
.�-_�-
3. F;yllside -Mar.az=ent Overlay-
Reta ning Walls
-Uphill slope 81
- Down slope 3'6"
- Lots sloping with the street 3'6"
-Adjacent to driveways 8'
-Facing streets 3' -Constructed with natural,
indigenous materials
6. Foo rill Fre Zone Qverlay-
Fend anH W 11g -Constructed with non-
combustible materials only
The limitations shall not apply in the following instances:
I. Where a greater height is required by any other provision of the Municipal Code;or
2. Where a greater height or type of fence, wall or hedge is required by a condi-
tion of approval
3. Rear yard defined for the purposes of this section shall be from
the rear property line to the rear plane(s) of the structure.
-6 Lf107
FROPERTY DEVELL .VfF.NT STANDARDS-19ZO
B. TRAFFIC SAFETY SITE AREA
On a corner lot, no fence, wall, hedge, sign or other structure, shrub-
bery, mounds of earth, or other visual obstruction over 30 inches in
height above the nearest street curb elevation shall be erected,placed,
planted, or allowed to grow within a Traffic Safety Sight Area. The forego-
ing provision shall not apply to public utility poles; trees trimmed (to the
trunk) to a line at least 6 feet above the level of the intersection; saplings
or plant species of open growth habits and not planted in the form of a
hedge, which are so planted and trimmed as to leave at all seasons a
clear and unobstructed crossview; supporting members of appurtenances
to permanent structures existing on the date this Development Code be-
comes effective; and official warning signs or signals.
C PROHIBITED FENCE .MATERIALS/CHAIN LINK FENCING
The use of barbed wire, electrified fence or razor wire fence in conjunction
with any fence, wall, roof, hedge, or by itself within any land use district,
is prohibited unless required by any law or regulation of the City, the
State of California,Federal Government, or agency thereof. Agricultural
uses may use electrical fences if approved by the Director.
1
Chain link fencing is permitted only in the CH,IL, IH,and IE land use dis-
tricts. The fence may only be located on side and rear property lines be-
hind the frontyard setback,if the fence would not be readily visible from a
public right-of-way. In addition, chain link fencing with neutral colored
slats may be used for outdoor storage areas located within required yards,
if the fence would not be readily visible from a public right-of-way.
Landscaped planting of sufficient density and height may be used to
screen the fence from public view. Additionally, chain link fencing may
be used with tennis courts, private and commercial, temporarily at con-
struction sites, and where it is required by any law or regulation of the
City, the State of California,Federal Government, or agency thereof.
The above limitations shall not apply where the prohibited fence material
is required as a condition of approval
D. WALL DESIGN STANDARDS
Perimeter Tract or Commercial/Industrial Development
walls which are adjacent to a public street, shall have
articulated planes by providing, at a minimum for every
100 feet of continuous wall, an 18 inch deep by 8 foot
long landscaped recession.
Walls shall be constructed with pilasters provided at every change in
direction, every S feet difference in elevation and at a minimum of every
S feet of continuous wall.
Ma urn
PROPERTY DEVELO._d=STANDARDS-19.:o
C. Perimeter fences, or walls,shall not exceed 6 feet in height, unless as
otherwise provided in this Development Code. The height shall be
measured from the finished grade of the property.
D. Architectural walls integral to the structure design, attached to the
structure may exceed 6 feet in height, subject to review by the Director.
E. To protect safety sight-distance for vehicular movement,
sight obscuring fences, or walls, or other obstructions
shall not exceed 36 inches in height when located in a
front setback.
F Free-standing flagpoles and radio and television antennas may not
exceed the struc-.=e height restrictions of the land use district in which
they are located, except as otherwise provided in this Development Code.
14. LIGHTING
Exterior lighting shall be energy-efiicimt and shielded or recessed so that direct
glare and reflections are contained within the boundaries of the parcel,and shall
be directed downward and away from adjoining properties and public rights-of-
way. No lighting shall blink, flash, or be of unusually high intensity or bright-
ness. All lighting fixtures shall be appropriate in scale,intensity,and height to
the use it is serving. Security lighting shall be provided at all entrances/exits.
i
15. NOISE
No loudspeaker, bells, gongs, buzzers,mechanical equipment or other sounds,
attention-attracting, or communication device associated with any use shall be
discernible beyond any boundary line of the parcel,except fire protection
devices, burlar alarms and church bells. The following provisions shall apply:
A- In residential areas,no exterior noise level shall exceed 65dBA and no
interior noise level shall exceed 45dBA.
B. All residential developments shall incorporate the following standards to
mitigate noise levels:
1. Increase the distance between the noise source and receiver.
2 Locate land uses not sensitive to noise G.e.,parking lots, garages,
maintenance facilities,utility areas, etc)between the noise source
and the receiver.
3. Bedrooms should be lasted on the side of the structure away from
major rights-or'-way.
M-12 5191
® LGN REGLTLA71ONTS-19.
CHAPTER 19.22
SIGN REGULATIONS
19.22010 PURPOSE
The purpose of this Chapter is to establish sign regulations that are intended to:
A. Protect the general public health, safety, welfare, and aesthetics of the
community
B. Implement community design standards, consistent with the General plan.
C. promote the Community's appearance by regulating the design, character,
location, type, quality of materials, scale, color, illumination,and main-
tenance of signs.
D. Limit the use of signs which provide direction and aid orientation for
businesses and activities.
E. Promote signs that identify uses and premises without confusion.
F Reduce possible traffic and safety hazards through good signage.
19.22020 APPLICABILITY
No signs shall be erected or maintained in any land use district established by this
Development Code, except those signs specifically enumerated in this Chapter. The
number and area of signs as outlined in this Chapter are intended to be maximum
standards. In addition to the enumerated standards, consideration shall be given to a
sign's relationship to the overall appearance of the subject property as well as the sur-
rounding community Compatible design,simplicity, and sign effectiveness are to be
used in establishing guidelines for sign approval,but shall not limit maximum stand-
ards for signs.
19.22.030 DEFINITIONS
Abandoned Sian. Any display not maintained for a period of 90 days
or more which is considered a public nuisance as per Section
19.22 . 090.
Address Sim. The numeric reference of a structure or use to a street,included as part
of a wall or monument sign.
M-v 7192
STGN REGULATIONS
faces, malfunctioning lights, missing sign copy or other unmaintained or
damaged portion of a sign shall be repaired or replaced within 30 calendar days
following notification by the City. Noncompliance with such a request shall con-
stitute a nuisance and penalties may be assessed in accordance with the
provisions of Chapter 19.46.
19.22110 NONCONFORMING SIGNS
1. A legally established sign which fails to conform to this Chapter shall be allowed
continued use,except that the sign shall not be:
A. Structurally altered so as to extend its useful life,
except for maintenance
B. Expanded, moved, or relocated
Z Sign cop,y and sign faces may be changed on nonconforming signs when there is no
change in use of the site or when only a portion of a multiple tenant sign is
being changed.
3. Legal non-conforming wall signs shall not prevent the installation of conforaung
freestanding signs, nor shall legal non-conforming five-standing signs prevent
the installation of conforming wall signs.
4. Any non-conforming sign shall be required to be brought into conformance or
abated in conjunction with any Conditional Use Permit or Development Permit
which is hereafter granted on the same site
19 120 REMOVAL OF ILLEGAL SIGNS
1. The Director shall remove or cause the removal of any fixed, permanent sign
constructed, placed or maintained in violation of this Chapter, after 30 days fol-
lowing the date of mailing of registered or certified written notice to the owner
of the sign,if known, at the last known address or to the owner of the property
as shown on the latest assessment roll, or to the occupant of the property at the
property address. The notice shall describe the sign and specify the violation in-
volved, and indicate that the sign will be.removed if the violation is not cor-
rected within 30 days. If the owner disagrees with the opinion of the Director,
the owner may, within the said 30 day period request a hearing before the Com-
mission to determine the existence of a violation.
III-29
OFF-STREET PARRI": STANDARDS - 19.24
USE NUMBER OF REQUIRED SPACES
Commercial Uses
Delicatessen/donut shop 1 space for each 100 sf. of gfa.
Retail commercial 1 space for each 250 sf. of gfa.
Retail nursery/garden shop 1 space for each 500 sf. of indoor
display area, plus 1 space for each
2500 sf. of outdoor display area.
Service stations 1 space for each pump island, plus 1
space for each service bay.
Shopping Centers 1 space per 180 sf. of gfa. for
tenants within the main structure
and in stand alone buildings. One
parking space for every 250 sf. of
gfa. for single tenants over 15, 000
sf.
Swap meet 1 space per 200 sf. gfa, plus 1
space per vendor space.
Vehicle repair/garage 5 spaces plus 1 space for each 200
sf. of gfa.
Vehicle sales 1 space for each 400 sf. of gfa. for
showroom and office, plus 1 space
for each 2000 sf. of outdoor display
area, plus 1 space for each 500 sf.
of gfa. for vehicle repair, plus 1
space for each 300 sf. of gfa. for
the parts department.
All other commercial uses 1 space for each 200 sf. of gfa.
not listed above
Institutional Uses
Churches, conference/ 1 space for each 4 fixed seats,
meeting facilities or 1 space for each 35 sf. of
mortuaries, theaters, non-fixed seating area in the
auditoriums principal sanctuary, conference
space or auditorium, whichever is
greater.
Hospitals 1 space for each patient bed, plus
1/2 space for each patient bed for
employees, or as determined at
project review.
III-54 7/92
V
OFF-STREET PARING STANDARDS-19-74
19.24.060 DESIGN STANDARDS
Off-street parking areas shall be provided in the following manner.
1. ACCESS
A. All parking areas shall provide suitable maneuvering room so that all
vehicles may enter an abutting street in a forward direction. The Director
may approve exceptions for single-family homes and other residential
projects.
B. No parking space shall be located so that a vehicle will
maneuver within 20 feet of a vehicular entrance measured
from the face of curb.
2 COMMERCIAL VEHICLE PARKIN
No commerdal vehicle exceeding 8 feet in height and/or 20 feet in combined
total length, or towed equipment, shall park between the hours of 6:00 P.M. and
6:00 A lei. on private property or public rights-of- way in residentially designated
areas, unless the vehicle or vehicles are screened from public view and adjacent
properties subject to the approval of the Director. This prohibition shall not
apply to construction sites during the construction process or to vehicles in the
process of making delivery or pickup.
3. DTIMENSIONAL REOUIREM_ NTS
A. Parking stalls shall be non-perpendicular whenever possible.
B. A minimum unobstructed inside dimension of 20 feet by 20
feet shall be maintained, for a new, private two-car
garage or carport. The minimum unobstructed ceiling
height shall be 7 feet, 6 inches.
C. Parking structures may be subject to dimensional adjustments based on
utilization (Le., public or private garage with or without an attendant),
but in no case shall the stall width be less than 8 feet, 6 inches. Reductions
in design standards shall be subject to approval by the City Engineer.
® OFF-STREET LC,..DLNG STANDARDS-19.26
Requirements for uses not specifically listed shall be determined by the Director based
upon the requirements for comparable uses and upon the particular characteristics of
the proposed use, pursuant to Section 19.02.070 (3) (Similar Uses Permitted).
19.26.040 DESIGN STANDARDS
Off-street loading spaces shall be provided in the following manner:
1. ACCESS
When the lot upon which the loading space is located abuts an alley, the loading
space shall have access from the alley.
2. DIMENSIONS
Required freight and equipment loading spaces shall be not
less than 15 feet in width, 19 feet in length or as
determined by the reviewing authority, with 14 feet of
vertical clearance.
3. LIGHTING
Loading areas shall have lighting capable of providing adequate illumination for
security and safety Lighting standards shall be energy-efficient and in scale with
the height and use of the structure. Any illuminadon,including security light-
' ing, shall be directed away from adjoining properties and public rights-of-way.
4. LOCATION
Loading spaces shall be located and designed as follows:
A. Adjacent to, or as close as possible to, the main structure.
B. Situated to ensure that all loading and unloading takes place on-site and in no
case within adjacent public rights-of-way, or other traffic areas on-site.
C. Situated to ensure that all vehicular maneuvers occur on-site.
M-66 �,o,
CONDITIONAL USE PE -sv=S-1936
CHAPTER 19.36
CONDITIONAL USE PERMITS
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 pe---mitted by weighing the public need for and the benefit to be derived
from the use against the impact which it may cause.
19.36.020 APPLICATION
An application for a Conditional 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 application shall be analyzed to assure that the ap-
plication is consistent with the intent and purpose of this Chapter. 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 application, a hearing shall be
set and notice of the hearing given in a manner consistent with Chapter 19.32 (Hearings
and Appeals).
19.36.050 FINDINGS
Following a hearing, the Commission shall record the decision in writing and shall
recite therein the findings upon which such decision is based. The Commission may ap-
prove and/or modify a Conditional Use Permit application in whole or in part, with or
without conditions, only if iU of the following findings are made:
1. The proposed use is conditionally permitted within, and would
not impair the integrity and character of, the subject zoning
district and complies with all of the applicable provisions of
this Ordinance;
W-7 5191
CONDITIONAL USE PER.NC'TS-1936
2 . The proposed use is consistent with the General Plan;
3 . The approval of the Conditional 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;
4. There will be no potentially significant negative impacts upon
environmental quality and natural resources that could not be
properly mitigated and monitored;
5. The location, size, design, and operating characteristics of
the proposed use are compatible with the existing and future
land uses within the general area in which the proposed use is
to be located and will not create significant noise, traffic
or other conditions or situations that may be objectionable or
detrimental to other permitted uses in the vicinity or adverse
to the public interest, health, safety, convenience, or
welfare of the City;
6. The subject site is physically suitable for the type and
density/intensity of use being proposed; and
7. There are adequate provisions for public access, water,
sanitation, and public utilities and services to ensure that
the proposed use would not be detrimental to public health and
safety.
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 Con-
ditional Use Permit until, and unless, the same shall have become final,pursuant to Sec-
tion 19-52-080 (Effective Date).
rv-Q _.,.
DE-v E-LOPMENT FULN=S-19.44
7. For floor plans, site plans, model plans,and elevations of new single-family
structures in an approved subdivision
19.44.040 PROJECT REVIEW
Each Development Permit application shall be analyzed to ensure that the application is
consistent with the intent and purpose of this Chapter. To ensure effective implementa-
tion of General Plan policies relating to design guidelines, each application for a
Development Permit, except for residential structures and miscellaneous Development
Permits approved by the Director,shall be reviewed by the DRC prior to approval by
the applicable review authority.
19.44.050 HEARINGS AND NOTICE
Upon receipt in proper form of a Development Permit application, a hearing shall be set
and notice of the hearing given in a manner consistent with Chapter 1952 (Hearings
and Appeals) for an application in which the Commission is the final review authority,
or where the proposed co=ercial or industrial development is adjacent to a residen-
tial land use district and the Development Review Committee is the final review
authority.
19.44.060 FINDINGS
Following a hearing, the appropriate review authority as outlined in Table 31.01 shall
record the derision in writing and shall recite therein the findings upon which any such
decision is based. The review authority may approve and/or modify a 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 re-
quirements of the respective land use district: The review authority may approve a
Development Permit, only if jU of the following findings are made:
1. The proposed development is one permitted within the subject
zoning district and complies with all of the applicable
provisions of this Ordinance, including prescribed
development/site standards and any/all applicable design
guidelines;
2. The proposed development is consistent with the General Plan;
3 . The proposed development would be harmonious and compatible
with existing and future developments within the zoning
district and general area, as well as with the land uses
presently on the subject property;
4. The approval of the 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;
5. There will be no potential significant negative impacts upon
environmental quality and natural resources that could not be
properly mitigated and monitored;
N-20 SM
M Z 0FNfENr PERMITS-19.44
6. The subject site is physically suitable for the type and
density/intensity of use being proposed;
7 . There are adequate provisions for public access, water,
sanitation, and public utilities and services to ensure
that the proposed use would not be detrimental to public
health and safety; and
8 . The location, size, design, and operating characteristics
of the proposed development would not be detrimental to the
public interest, health, safety, convenience, or welfare of
the City.
19.44.070 DEVELOPMENT PERMIT EXPIRATION
Within 1 year of Development Permit approval, commencement of construction shall
have occurred or the permit shall become null and void. In addition,if after commence-
ment of construction, work is discontinued for a period of one year, then the Develop-
ment Permit shall become null and void. Projects may be built in phases if preap-
proved 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 com-
mencement to the next phase's date of construction commencement to have occurred,
or the 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 a
Development Permit until, and unless, the same shall have become final,pursuant to
Section 19S2-080 (Effective Date).
19.44.090 MODIFICATION OF 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 ap-
proved 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 Development Permit complies with
all current Development Code provisions.
ry n sm
FZNA.,.AND PARCEL MAPS-19.48
C. Upon approval of a merger, the City Engineer shall cause to be prepared
an appropriate instrument describing the parcels to be merged, which
shall be executed by the owner involved and the City Engineer, and which
shall be recorded with the County Recorder.
19.48.120 LOT LINE OR BOUNDARY ADJUSTMENTS
The procedure outlined in this Section shall govern the processing of and requirements
for lot line or boundary adjustments,pursuant to Map Act Section 66412(d). Any adjust-
ment may be riled pursuant to the provisions of this Section to adjust the boundaries be-
tween 2 or more adjacent parcels, where the land taken from 1 parcel is added to an ad-
jacent parcel, and where a greater or lesser number of parcels than originally existed is
not created, provided the Development Review Committee (DRC) determines that the
proposed adjustment does not
1. Create any additional or fewer parcels;
2 Include any parcels which are not legal as defined in the Municipal Code;
3. Impair any existing access or create a need for new access to any adjacent
parcels;
4. Impair any existing easements or create a need fo:any new easements serving
any adjacent parcels;
5. Require substantial alteration of any existing improvements or
a create a need for any new improvements; and
6. Adjust the boundary between parcels for which a covenant of
improvement requirements has been recorded and all required
improvements stated therein have not been completed unless the
DRC determines the proposed adjustment will not significantly
affect the covenant of improvement requirements.
19.48.130 REVERSIONS
Subdivided real property may be reverted to acreage, pursuant to Map Section 66499.11
.cl 5-eq., and this Development Code This Section shall apply to final and parcel maps.
Subdivided lands may be merged and resubdivided without reverting to acreage, pur-
suant to Map Act Section 66499.201/2
IV-34 ygi
:ILN SIR MODMCATMNS-19.60
CHAPTER 19.60
MINOR MODIFICATIONS
19.60.010 PURPOSE
The modification procedure is intended to provide a method whereby
minor changes of 10% or less may be made to existing, previously
approved land use entitlements without any additional impact.
i.
19.60.020 APPLICATION
The minor modification of a previously approved entitlement requires the approval of
the Director, who may establish additional conditions to further the intent of this Chap-
ter. An application for the minor modification shall be on a form prescribed by the
Director and shall be filed with the Department, pursuant to Chapter 19.32(Applica-
tions and Fees). Any modification request which exceeds the prescribed limitations out-
lined in this Chapter shall require the reeling of the original application and a sub-
sequent hearing by the appropriate review authority.
19.60.030 APPLICABILITY
The Director may grant a minor adjustment to an approved permit up to a maximum of
10% governing only the following measurable design/site considerations,which in no
case would result in a reduction from any minimum standard outlined in this Develop-
ment Code:
1. On-site circulation and paridng, loading and landscaping;
L Placement and/or height of walls,fences and structures;
3. Reconfiguration of architectural features, including colors,and/or modification
of finished materials that do not alter or compromise the previously approved
theme; and
4. An increase or decrease of not more than 10% in density or
intensity of a Development Project.
N-M sm
Q NON-CONFORMNG: _ .XCT'URES AND USES-19.62
7. An existing legal non conforming use or legal
nonconforming building may be minimally expanded or
changed subject to the granting of a Development Permit
if all of the following findings are made:
a. That such expansion or change is minimal;
b. That such expansion or change will not adversely affect or be materially
detrimental to adjoining properties;
C. That there is a need for relief or overcrowded conditions or for moderniza-
tion in order to properly operate the use; and
d. That the use is existing and has not been discontinued for a period of 6 or
more calendar months.
19.62040 ABATEMENT OF NONCONFORMING USES
Legal nonconforming uses shall be discontinued within the following specified time
limits, from the effective date of this Development Code:
I. A nonconforming use which does not 5 years
occupy a structure
Z The nonconforming use of a 15 years -
conforming structure within any
residential land use district
I The nonconforming use of a 20 years
conforming structure within any
commercial/industrial land use
district
19.62.050 STRUCTURE PERMITS OR CERTTFI=S OF
OCCUPANCY PROHIBITED
When any nonconforming structure or use is no longer permitted pursuant to the
provisions of this Chapter,no permit for a structure shall thereafter be issued for further
continuance, alteration, or expansion Any permit issued in error shall not be construed
as allowing the continuation of the nonconforming structure or use.
19.62060 REMOVAL OF ILLEGAL NONCONFORMING
STRUCTURES AND USES
Nothing contained in this Chapter shall be construed or implied so as to allow for the
continuation of illegal nonconforming structures and uses. Said structures and uses
shall be removed immediately subject to the provisions of Chapter 19.46 (Enforcement
of Provisions) and State law.
IV-% ;�
TEN iRARY USE PERMITS-19.70
9. Emergency public health and safety needs;
10. Similar temporary uses which, in the opinion of the Director are compatible
with the land use district and surrounding land uses, pursuant to Section
19.02070 (3) (Similar Uses Permitted); and
11. City-sponsored uses and activities, or activities occurring on
City-owned property, not occupying a structure and occurring
at regular periodic intervals (weekly, monthly, yearly, etc)
shall be exempt from the Temporary Use Permit requirement,
however other City permits (building permits, encroachment
permits, etc. ) may be required.
19.70.030 APPLICATION
A Temporary Use Permit may be approved, modified, conditioned, or
denied by the Director. The Director may refer such application to
the Commission. Decisions of the Director may be appealed to the
Commission, pursuant to Chapter 19. 52 (Hearings and Appeals) .
19.70.040 FINDINGS
The Director may approve, or conditionally approve a Temporary Use Permit ap-
plication, only when all the findings contained in Section 19.36.050 (Conditional Use
Permits) are made.
19.70.050 CONDITIONS OF APPROVAL
In approving an application for a Temporary Use Permit, the Director may impose con-
ditions deemed necessary to ensure that the permit will be in accordance with the find-
ings required by Section 19.36.050. These conditions may involve any pertinent fads
affecting the operation of such temporary event, or use, and may include but are not
limited to:
I. Provision for a fixed period not to exceed 90 days for a temporary use not
occupying a structure,inducting promotional activities,or I year for all other
uses or structures,or for a shorter period of time as determined by the Dire
Periodic City-sponsored uses or activities outlined in Section 19.70.MNII) are
not subject to the fixed time limitations of this condition as determh3ed by the
Director. _MC 844 7-20-92
Z Provision for temporary parking facilities, including vehicular ingress and
egress;
3. Regulation of nuisance factors such as, but not limited to
or direct illumination on adjacent ����of 8�
ja properties,noise, vibration,smoke,dust, dirt,
odors, gases, and heat;
4. Regulation of temporary structures and facilities,including placement,
height and size, location of equipment and open spaces,including buffer areas
and other vards;
IV-77 _�