Loading...
HomeMy WebLinkAboutMC-1132 Adopted: November 18, 2002 Effective: December 19, 2002 1 ORDINANCE NO. MC-1l32 2 3 4 SECTION I. Chapter 19.02, Section 19.02.050, Definitions and Chapter 19.04, Section 19.04.020, Table 04.01 (T), and Table 0.04,02, and Section 19.04.030 (2) (U) of the Municipal 10 11 Code (Development Code) are amended to add definitions and modify tables and text related to 12 Student Housing Project requirements and standards as shown in Attachment I attached hereto 13 and incorporated herein by reference. 14 SECTION 2, Severability, In the event that any provision of this Ordinance, or any part thereof, 15 or any application thereof to any person or circumstance, is for any reason held to be 16 unconstitutional or otherwise invalid or ineffective by any court of competent jurisdiction on its 17 18 19 20 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 21 hereby declared to be the legislative intent of the City that this Ordinance would have been 22 adopted had such unconstitutional, invalid, or ineffective provisions not been included herein. 23 24 25 26 IIII 27 IIII IIII 28 1 MC-1l32 1 2 3 4 5 6 7 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 19.02.050 (DEFINITIONS) AND CHAPTER 19.04 (RESIDENTIAL DISTRICTS) SECTION 19.04.020, TABLE 04.01 (PERMITTED USES), TABLE 04.02 (SPECIFIC STANDARDS), AND SECTION 19.04.030 (DEVELOPMENT STANDARDS) OF THE SAN BERNARDINO MUNICIPAL CODE (DEVELOPMENT CODE) TO ADD TEXT RELATED TO DEFINITIONS, REQUIREMENTS AND STANDARDS FOR STUDENT HOUSING PROJECTS I HEREBY CERTIFY that the foregoing ordinance was duly adopted by the Mayor and Common Council of the City of San Bernardino at a j oint regular meeting thereof, held 8 on the 18th day of November , 2002, by the following vote to wit: 9 Council Members: ABSTAIN ABSENT AYES NAYS 10 ESTRADA 11 x x LIEN 12 x MCGINNIS 13 14 15 SUAREZ 16 17 18 x DERRY x x ANDERSON x MCCAMMACK ~u~..t.Lh C-LtL-'<-~ City Clerk 19 20 21 2002. 22 23 November The foregoing ordinance is hereby approved t . s Ljz. V LES, Mayor an Bernardino JAMES F. PENMAN City Attorney 27 BY:~ to ~ 28 0 2 MC-1l32 A TT ACHMENT 1 Chapter 19.02, Section 19.02.050, add definition of Student Housing Complex, as follows: Student Housing Complex: A building or buildings containing multiple family dwellings which allow for each bedroom to be leased to students attending California State University, San Bernardino, which provides common area amenities for units ranging from one to no more than four bedrooms per unit. The site shall be adjacent to California State University, San Bernardino, bus service shall be available (within 500 feet of a bus stop), and retail services shall be within 2000 feet of the site. The designation will be applied only to projects which demonstrate an affiliation with California State University, San Bernardino; and to parcels located within 500 feet of California State University, San Bernardino and specifically, only on the 8.28 acres on the south side of Northpark Boulevard, east of University Parkway, as designated in General Plan Amendment No. 01-06. Section 19.04,010 (2.) E. add: (Residential Student Housinl!) District This overlay district is specifically designed to allow student housing complexes on lots located within 500 feet of California State University San Bernardino, and which are at least five acres in size, at a maximum density of20 units per acre and with no more than 60 bedrooms per acre, and specifically, only on the 8.28 acres on the south side of Northpark Boulevard, east of University Parkway, as designated in General Plan Amendment No. 01-06, In the event that the project no longer houses California State University, San Bernardino students or is demolished, further use of the site will revert back to the underlying land use district policies and standards, Section 19,04.020, Table 04.01 (I.) add: RE T. Student Housing Complex X RL X RS X RU X RM RMH RH X X X RSH C Section 19,04.030, Table 04.02, Residential Development Standards, add a column labeled RSH, as follows: Lot Area Maximum Units/Gross Acre 20 (60 bedrooms) Lot Area 5 ac. Lot Width (feet) 150 Corner Lot Width 150 Lot Depth (feet) 150 MC-1l32 Front Building Setback (feet) 40 Rear Building Setback (feet) 20 Side Building Setback (feet) 30 Side Building Setback Street Side (feet) 30 Building Lot Coverage (Maximum %) 50 Distance Between Buildings (feet) 25 Outdoor Useable Living Space (s.f.) 35% of unit size* * A minimum of 5% of the outdoor living space must be private (balcony or patio), and a minimum of 25% of the outdoor living space must be common useable space (not including parking lot landscaping, or landscaped setback areas). The balance (5%) may be either common or private useable open space. See Chapter 19.04, Section 19.04.030 (2.) (U.)(3,) Maximum Structure Height in stories (feet) 4 (56) Maximum Average No. of Attached Dwelling Units 30 Chapter 19.04, Section 19.04.030, Table 04.03, Residential; Districts Specific Standards, add U. Student Housing Complex in the RSH district. Chapter 19.04, Section 19,04,030 (2.) U. Student Housing Complex 1, Student Housing complexes are only permitted in the Residential Student Housing District on lots within 500 feet of California State University, San Bernardino, and on only the 8.28 acres on the south side of Northpark Boulevard, east of University Parkway, as designated in General Plan Amendment No. 01-06, 2. The minimum unit sizes shall be as follows: . l.bedroom 600 square feet . 2.bedroom 800 square feet . 3-bedroom 1,000 square feet . 4-bedroom 1,200 square feet 3. Student housing complex units may be up to 20% smaller than the minimum dwelling unit size prescribed above if a common area is provided on each 2 MC-1l32 floor. The common area shall be no less than 300 square feet, and shall include: a television set sofa and chairs; or a game table (pool table, card table, etc.), chairs and a sofa; desks, chairs and computer access facilities; or other such amenity as is consistent with an area used for common social activity, subject to approval by the Planning Commission. 4. All student-housing complexes shall provide 35% of each unit size as useable open space for passive and active recreational use. A minimum of 5% of the outdoor open space must be private (balcony or patio), and a minimum of 25% of the outdoor open space must be common useable. The balance (5%) may be either common or private useable open space. Useable open space areas shall not include: right-of-ways; vehicle parking areas; areas adjacent to or between any structures less than 15 feet apart; or slope areas greater than 8%. Useable open space areas shall be delineated on project site plans, and total square footage in open space shall be listed on the site plan. 5. Every bedroom shall be wired for computer Internet access in addition to telephone access, 6. Every bedroom shall be equipped with an individual lock for use only by the tenant. Master keys shall be maintained for each building. 7. All student housing complexes shall provide indoor and outdoor recreational amenities within the site which may include: a swimming pool; spa; clubhouse; picnic shelter and barbeque area; court game facilities such as tennis, basketball, volleyball or racquetball; improved softball or baseball fields; or such other similar facilities as approved by the Planning Commission. The amenities shall be equivalent to a minimum of 50 square feet per resident. The type of amenities shall be provided according to the following schedule: Bedrooms No. of Amenities 0-25 26-100 101-200 201-300 301-400 o I 2 3 4 Add one amenity for each 100 additional bedrooms or fraction thereof. 8. One off street parking space shall be provided for each bedroom, plus 3 uncovered off-street guest parking spaces per 100 rooms. A minimum of 65% of the parking spaces shall be covered. The balance of the parking spaces shall be shaded by trees in such a manner that all parking spaces shall be fully shaded within 5 years of construction of the project. 3 MC-1l32 9. Common laundry facilities at a ratio of one full size washer and one full size dryer per 10 units, and consistent with the Uniform Building Code shall be provided on each floor. 10. Access to student housing complexes shall be limited through the use of fencing or walls with locked gates. Gates shall be equipped with either key or card access and an intercom system for guests. II. Each building within a student housing complex shall be locked, and equipped with either key or card access and an intercom system for guests. 12. A professional, non-student resident manager shall live within each project. In addition, a resident student manager, working a minimum of 16 hours a week, shall be provided for each floor of each building. 13. Management and security plans shall be submitted for review and approval by the Development Services Department and Police Department. 14. Each lease shall be for a minimum of one academic year. Short-term tenancy during the summer months may be permitted, with the approval of a Temporary Use Permit. No month-to-month tenancy or sub-letting of individual rooms shall be permitted. 15. The applicant shall enter into and continuously maintain an affiliation agreement with California State University San Bernardino ("CSUSB") and shall provide the City with a copy of such affiliation agreement prior to the approval of any building or grading permit for the project. The affiliation agreement shall include, but not be limited to, the following: a. Require that the project conform to CSUSB on-campus housing policies, Require that all tenant leases incorporate CSUSB on-campus housing policies, b. Require that the design, engineering and construction of the project be approved by CSUSB. c, Grant CSUSB an option to purchase and a right of first offer to purchase the property and the project at fair market value with a guaranteed minimum and maximum price, d, If a court finds that the project cannot limit the residents to students of CSUSB, then CSUSB shall have an immediate right to purchase the property at fair market value and, if it elects not to so purchase, then CSUSB shall have the immediate right to lease the property at fair market value so that the property will be part of the CSUSB campus 4 MC-1l32 and therefore occupancy can be limited to students, IfCSUSB does not exercise either right on the property, then the property and project must continue to conform to all requirements in this Development Code and in the affiliation agreement except the requirement that the project limit residents to students of CSUSB. e. If the affiliation agreement is terminated either mutually by the parties, or unilaterally by the property/project owner, then CSUSB shall have an immediate right to purchase the property at fair market value and, if it elects not to so purchase, then CSUSB shall have an immediate right to lease the property at fair market value so that the property will be part of the CSUSB campus and therefore occupancy can be limited to students. If CSUSB does not exercise either right on the property, then the property must convert to a use consistent with the underlying General Plan Land Use District. f. Require that any successor in interest to the property and project, prior to the conveyance of title, enter into an affiliation agreement with CSUSB, the contents of which shall conform to the requirements of this section. 5