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Home My WebLink AboutMC-1178 Adopted: Effective: August 16, 2004 September 16, 2004 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE NO. MC-1178 AN ORDINANCE OF THE CITY OF SAN BERNARDINO MODIFYING CHAPTER 19.04 (RESIDENTIAL DISTRICTS), SECTION 19.04.030 (2) (N) OF THE SAN BERNARDINO MUNICIPAL CODE (DEVELOPMENT CODE) RELATED TO PLANNED RESIDENTIAL DEVELOPMENTISMALL LOT SUBDIVISIONS REQUIREMENTS. THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: SECTION I. Chapter 19.04, Section 19.04.030 (2) (N), Planned Residential Development/Small Lot Subdivisions, of the Municipal Code (Development Code) is amended to modify the open space requirements for planned residential developments within the RU, Residential Urban land use districts as shown in Attachment I attached hereto and incorporated herein by reference. SECTION 2. Severability. In the event that any provision of this Ordinance, or any part thereof, or any application thereof to any person or circumstance, is for any reason held to be unconstitutional or otherwise invalid or ineffective by any court of competent jurisdiction on its face or as applied, such holding shall not affect the validity or effectiveness of any of the remaining provisions of this Ordinance, or any part thereof, or any application thereof to any person or circumstance or of said provision as applied to any other person or circumstance. It is hcrcby declared to be the legislative intent of the City that this Ordinance would have been adopted had such unconstitutional, invalid, or ineffective provisions not been included herein. 11// 11// fill I MC-1178 1 2 3 4 5 6 7 AN ORDINANCE OF THE CITY OF SAN BERNARDINO CHAPTER 19.04 (RESIDENTIAL DISTRICTS), SECTION 19.04.030 (2) (N) OF THE SAN BERNARDINO MUNICIPAL CODE (DEVELOPMENT CODE) RELATED TO PLANNED RESIDENTIAL DEVELOPMENTISMALL LOT SUBDIVISIONS REQUIREMENTS. I HEREBY CERTIFY that the foregoing ordinance was duly adopted by the Mayor and Common Council of the City of San Bernardino at a joint regular on the 16th day of , 2004, by the following vote to wit: 8 Council Members: 9 ESTRADA 10 LONGVILLE 11 MC GINNIS 12 DERRY 13 KELLY 14 15 JOHNSON 16 MC CAMMACK 17 18 August AYES X X X X X X X meeting thereof, held NAYS ABSTAIN ABSENT ~h~ Cit lerk 2004. The foregoing ordinance is hereby approved this Iltlrlayof August 19 20 21 22 23 Approved as to form and legal content: 24 JAMES F. PENMAN 25 City Attorney 26 27 28 I V ALLES, Mayor C y of San Bernardino 2 MC-1178 ATTACHMENT 1 CHAPTER 19.04 RESIDENTIAL DISTRICTS Section 19.04.030(2)(N), is amended to read as follows: N. PLANNED RESIDENTIAL DEVELOPMENT/SMALL LOT SUBDIVISIONS Planned Residential Development (PRD) including Clustered Subdivision and Small Lot Divisions are permitted in Residential Urban land use districts subject to Development Permit review. Attached and detached single-family dwelling units are permitted. The purpose of allowing these types of developments is to promote residential amenities beyond those expected in conventional residential developments, to achieve greater flexibility in design, to encourage well planned neighborhood through creative and imaginative planning as a unit, to provide for appropriate use of land which is sufficiently unique in its physical characteristics or other circumstances to warrant special methods of development, to reduce development problems in hillside areas and to preserve areas of natural scenic beauty through the encouragement of integrated planning and design. 1. Density The underlying residential land use district or the Hillside Management Overlay District shall determine the maximum number of dwelling units allowed in a PRD or Small Lot Subdivision. Where a parcel or parcels have more than one land use district, the maximum number of dwelling units shall be determined by adding together the allowable density for each land use district area. Density transfer throughout the PRD project area is permitted for the promotion of clustering units in those areas suited to development, and thus preserving the open space and natural features of the site. (See Hillside Management Overlay District for restrictions to on-site density transfer.) 2. Minimum Lot Size The minimum lot size for a detached single-family unit in a Small Lot Subdivision shall be 5,000 square feet. PRD's may create lot sizes to accommodate the creation of attached single-family dwelling units or Clustered Subdivisions. MC-1178 3. Site Coverage Structures shall not occupy more than 40% of the gross site area. 4. Structure Height/Number of Attached Dwelling Units Detached single-family structures shall not exceed 21/2 stories, or 35 feet. Attached single-family structures shall not exceed 3 stories or 42 feet. The maximum average number of single-family units attached in any manner to form a single structure shall be 6. 5. Setbacks The minimum front, rear, and side structural setback from the project perimeter boundary shall be 15 feet. The minimum dwelling unit side structural setback from other dwelling unit structures is 15 feet plus I foot for each 15 feet of structure length. In small lot subdivisions the minimum side setback is 5 feet with a IS-foot minimum dwelling unit separation. 6. Open Space ^ II PlaRRig R~&iQ@Rtial D@Yilgp~iRt[: n'itb 12 gr 1+l9r@ QP'@lIillg YRitE E:l:1all prguiQ@ JQ?4 y~@ibl@ 9p@R EFa~@ fgr }?:aEEiu@ aRQ ast,.iu@ n~sn}atigRal lU:@[; TTE@:lbh~ 9P@R Epas@ ar@at: ERall 119t iR~1119@' rig:Rt gf n'a~,<~; "@Rkl@ p:ukiRg an:a&; :u@:;u: :H;ljJ~@Rt 19 gr b@t~"@@ll :lR:,' r:ttnstur@[; h~EE th:lR 15 fii! ap:ut; ~@~:U:kE; pati9t: aRB pri":l.t@ :':H;~h:; 9T, d9P@ an::.u: gI@al@I IDaR g }?@n:@Ilt. ~lgp@& greater tRail g }?@n:@!R Q;1a~' b@ ~prg"@g ill the Milldg@ ~4::Hlag~nR@Rt Qu@d:!:' Di&trist Q~' ID@ Din:stgr :u \,lE@abl@ 9p@R Epa~@ All Planned Residential Developments with 12 or more dwelling units shall provide 30% useable open space for passive and active recreational uses. Planned Residential Development consisting of single-family detached units mav provide 15% useable open space in lieu ofthe required 30%. Useable open space areas shall not include: right-of-way; vehicle parking areas; areas adiacent to or between any structures less than 15 feet apart; setbacks; patios and private vards; or, slope areas greater than 8 percent. Slopes greater than 8 percent mav be approved in the Hillside Management Overlay District bv the Director as useable open space. 2 MC-1178 7. Amenities All Planned Residential Developments shall provide recreational amenities within the site which may include: a swimming pool; spa; clubhouse; tot lot with play equipment; picnic shelter - barbecue area; court game facilities such as tennis, basketball, or racquetball; improved softball or baseball fields; or, day care facilities. The type of amenities shall be approved by the Director and provided according to the following schedule: Units 0-11 12-50 51-100 101-200 201-300 Amenities o I 2 3 4 Add I amenity for each 100 additional units or fraction thereof. 8. Private Streets Private streets shall be permitted when there is a homeowner's association established to maintain them. The streets shall be built to standards and specifications for public works construction. 9. Maintenance and Completion of Open Space, Amenities, Landscapin2, and Manufactured Slopes No lot or dwelling unit in the development shall be sold unless a corporation, homeowner's association, assessment district or other approved appropriate entity has been legally formed with the right to assess all those properties which are jointly owned or benefited to operate and maintain all of the mutually available features of the development including, but not limited to, open space, amenities, landscaping or slope maintenance landscaping (which may be on private lots adjacent to street rights-of-way). Conditions, Covenants, and Restrictions (CC&R's) may be developed and recorded for the development subject to the review and approval of the City Attorney. The recorded CC&R's shall permit the enforcement by the City, if required. No lot or dwelling unit shall be sold unless all approved and required open space, amenities, landscaping, or other improvements, or approved phase thereof, have been completed or completion is assured by a financing guarantee method approved by the City Engineer. 3 1111 1111 MC-1178 10. Fire Department Standard All parts of the structures shall be within 150 feet of paved access for single-story and 50 feet for multi-story. 11. Residential Specific Standards In addition to the PRD development requirements, the following specific standards contained within this chapter shall apply: a. Day care facilities b. Golf courses and related facilities c. Guest house d. Lighting e. Minimum room size f. Minimum dwelling size g. Mobile home and manufactured housing h. Mobile home park or subdivision 1. Recreational vehicle storage 4