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ORDINANCE NO. MC-841
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URGENCY ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER
19.04, Sections 19.02.050, 19.04.020 AND 19.04.030 OF THE SAN
BERNARDINO MUNICIPAL (DEVELOPMENT) CODE PERTAINING TO DAY CARE
CENTERS AND FAMILY DAY CARE HOMES.
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO
ORDAIN AS FOLLOWS:
SECTION 1. Section 19.02.050, Definitions. Delete the
definition for Day Care Facility, Children and replace with the
following [See Attachment A-1, (Pages I-10 and I-l0A of the
Development Code), attached hereto and incorporated herein by
reference]:
Day Care Center. Children. A facility which provides non-medical
care to children under 18 years of age in need of personal
services, supervision, or assistance essential for sustaining the
activities of daily living or for the protection of the individual
on less than a 24 hour basis. Day care center means any child day
care facility other than a family day care home and includes infant
centers, pre-schools and extended day care facilities.
Day Care Home. Children. A single family residence which is
occupied and used as such and provides family day care to children
under 18 years of age. Day care home includes:
Small Family Dav Care Home - The use of a single family
residence to provide family day care to six or fewer children,
including children under the age of 10 years who reside at the
home.
Larne Family Dav Care Home - The use of a single family
residence to provide family day care to 7-12 children,
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inclusive, including children under the age of l0 years who
reside at the home.
SECTION 2. Section 19.04.020, TABLE 4.01, RESIDENTIAL
DISTRICTS, PERMITTED, DEVELOPMENT PERMITTED AND CONDITIONALLY
PERMITTED USES is amended to add large family day care homes (as
defined by the State of California Health and Safety Code) as
permitted uses in all residential land use districts. [See
Attachment A-2, (Page II-4 of the Development Code), attached
hereto and incorporated herein by reference.]
Item 1.E. Change to Day Care Center, delete reference to 6 or
less children and 7 + children and add a "C" under all columns.
Item 1.F. Change to Day Care Homes, Family, and create the
subheadings of 6 or less children and 7-12 children. Add a "P"
under all columns for 6 or less children. Add a "D" under all
columns for 7-12 children.
Reletter Items 1.F. through 1.Q. accordingly.
SECTION 3. Section 19.04.030(2), LAND USE DISTRICT SPECIFIC
STANDARDS, Table 4.03, RESIDENTIAL DISTRICTS SPECIFIC STANDARDS, is
amended to add Item C. Day Care Homes, Large Family. [See
Attachment A-3, (Page II-12 of the Development Code), attached
hereto and incorporated herein by reference].
Item C. Change to Day Care Homes, Large Family and add a "+"
in all columns.
Reletter Items C. through Q. accordingly.
SECTION 4. Section 19.04.030(2)(B), DAY CARE FACILITY DESIGN
STANDARDS is amended to read as follows [See Attachment A-4, (Pages
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MC-841
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CI-13, II-13A and II-13B of the Development Code), attached to and
incorporated herein by reference]:
"B. DAY CARE CENTER DESIGN STANDARDS
Day Care Centers are permitted in residential land use
districts subject to Conditional Use Permit review, pursuant
to Section 19.04.020 (Table 4.01) and Section 19.06.020 (Table
6.01, #835). The centers shall be constructed in the
following manner:
1. The center shall conform to all property development
standards of the land use district in which it is
located.
2. Day care centers shall not be located within 500 feet of
another day care center.
3. An outdoor play area of no less than 75 square feet per
child, but in no case less than 450 square feet in area
shall be provided. The outdoor play area shall be
located in the rear area. Stationary play equipment
shall not be located in required side and front yards.
4. A 6 foot high solid decorative fence or wall shall be
constructed on all property lines, except in the front
yard. In the front yard, the open fence shall not exceed
48 inches in height, and a solid wall shall not exceed 36
inches in height. Materials, textures, colors and design
of the fence or wall shall be compatible with on-site
development and adjacent properties. All fences or walls
shall provide for safety with controlled points of entry.
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5. On-site landscaping shall be consistent with that
prevailing in the neighborhood and shall be installed and
maintained, pursuant to Chapter 19.28 (Landscaping
Standards). Landscaping shall be provided to reduce
noise impacts on surrounding properties.
6. On-site parking shall be provided pursuant to the
provisions of Chapter 19.24 (Off-Street Parking). On-
site vehicle turnaround or separate entrance and exit
points and adequate passenger loading spaces shall be
provided.
7. All on-site lighting shall be stationary, directed away
from adjacent properties and public rights-of-way, and of
an intensity appropriate to the use it is serving.
8. All on-site signage shall comply with the provisions of
Chapter 19.22 (Sign Standards).
9. The center shall contain a fire extinguisher and smoke
detector devices and meet all standards established by
the City Fire Marshall.
10. A center within a residential land use district may
operate up to 14 hours per day.
11. Outdoor activities may only be conducted between the
hours of 8:30 a.m. and 8:00 p.m."
SECTION 5. New Section 19.04.030(2)(0), DAY CARE HOMES, LARGE
FAMILY is added as follows [See Attachment A-5, (Pages II-14
through II-31 of the Development Code), attached hereto and
incorporated herein by reference]:
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"C. DAY CARE HOMES, LARGE FAMILY
Large family day care homes may be located no closer than 500
feet, in any direction, from an existing large family day care
home measured from property line to property line."
Reletter Items C. through Q. accordingly.
SECTION 6. This is an urgency ordinance which will take
affect immediately upon its adoption. The reason for the urgency
is that the current Development Code differs from State law and
Large family day care homes are required to go through a review and
approval process which is beyond that permitted as defined in that
same law. This urgency ordinance is necessary to protect the
zealth, safety and welfare of the residents of the City in general
snd the children who would be served by large family day care
Tomes.
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URGENCY ORDINANCE...AMENDING CHAPTER 19.04, Sections 19.02.050,
19.04.020 AND 19.04.030 OF THE SAN BERNARDINO MUNICIPAL
(DEVELOPMENT) CODE PERTAINING TO DAY CARE CENTERS AND FAMILY DAY
CARE HOMES.
I HEREBY CERTIFY that the foregoing ordinance was duly adopted by
the Mayor and Common Council of the City of San Bernardino at a
regular meeting thereof, held on the 6th day of
July 1992, by the following vote, to wit:
Council Members: AYES NAYS ABSTAIN ABSENT
ESTRADA x
REILLY x
HERNANDEZ x
MAUDSLEY x
MINOR x
POPE-LUDLAM x
MILLER x
~~-~
a,e_l~, ~' '~~_ .~r~. ,~.c~~
Cit -Clerk ~ _ 7 C
The foregoing ordinance is hereby approved this D ~ day
Of Jaly , 1992. ~ ,/~
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;~_ _ ~
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C4. R. olcomb, Mayor
City of San Bernardino
Approved as to
form and legal content:
JAMES F. PENMAN,
City Attorney
r
~~<,-I~,,,na
By: G.
6
MC-841
BASIC PROVISIONS -19.02
' S.uuncil. The Mayor/Common Counol of the City of San Bernazdino.
C°~. The County of San Bernardino, hereafter referred to as "County".
S~uLt- An open, unoccupied space, other than a yazd, on the same lot with a building
and bounded on 2 or more sides by the walls of a building.
Day Care Center, Children. -See Page I-l0A
Dav Care Home. Children - See Page I-10A
jZay~. Shall always be consecutive calendar days unless otherwise stated.
Defensible Snace. A design concept term used to describe a series of physical design
ci~aracteristics that maxim;~v resident control of behavior, pazticularly crime, within a
public, semiprivate, or private area, structure, or community. MC 80910-8-91
I2eII5it~- The number of dwelling units per gross aQe, unless otherwise stated, for
residential uses.
~/ Department. The San Bernardino City Planning and Building Services Department,
hereafter referred to as the "Departmertf".
p~ga. Includes the planning and engineering of the following: street alig:tlnents,
grades and widths; drainage and sanitary fadli~es and utilities, including alignment
and grades thereof; location and size of all required easements and rights-of-ways; fire
roads and Fire breaks; lot size and configuration; =affic access; grading; land to be dedi-
cated for pazk or reQeational purposes; building and other such spedfic physical re-
quirements.
Detached. Any building or structure that does not have a wall or roof in common with
any other building or structure.
j?evelo meat. The placement or erection of any solid material or structure; discharge
or disposal of any dredged material or any gaseous liquid, solid or thermal waste; grad-
ing, removing, dredging, mining or extraction o: any soil or materials; change in the
density or intensity of use of land, including, but not limited to, subdivision pursuant to
the Subdivision Map Act (commenoag with Section 66410 of the Government Code),
and any other division of land, including lot splits, except where the land division is
brought about in connection with the purchase of such land by a public agency for
public reQeational use; change in the intensity of use of water, or of access thereto; con-
struction, reconstruction, demolition, or alteration of the size of any structure including
,\..
7/92
Attachment "A-1"
MC-841
Dav Care Center. Children. A facility which provides non-medical
care to children under 18 years of age in need of personal
services, supervision, or assistance essential for sustaining the
activities of daily living or for the protection of the individual
on less than a 24 hour basis. Day care center means any child day
care facility other than a family day care home and includes infant
centers, pre-schools and extended day care facilities.
Dav Care Home. Children. A single family residence which is
occupied and used as such and provides family day care to children
under 18 years of age. Day care home includes:
Small Familv Day Care Home - The use of a single family
residence to provide family day care to six or fewer children,
including children under the age of 10 years who reside at the
home.
Large Familv Dav Care Home - The use of a single family
residence to provide family day care to 7-12 children,
inclusive, including children under the age of 10 years who
reside at the home.
I-l0A
7/92
MC-841
RESIDENTIAL DISTRICTS • 19 04
19.04.020 PERMITTED, DEVELOPMENT PERMITTED AND i ..
CONDITIONALLY PERMITTED USES:
The following list represents those uses in the residential districts which are Permitted
(P), subject to a Development Permit (D), a Conditional Use Permit (C) or Prolu'bited
(7C):
TABLE 04.01
PERMITTED, DEVELOPMEN? PERMITTED,
AND CONDITIONALLY PERMITTED USES
RF RT- RS R 7 Nd MH H
1. Residential Uses
A. Affordable Housing C C C C C C C
(Section 19.04.030(2)(C))
B. Community Care Fadlity P P P P P P P
(6 or less)
C. Condominium or Townhouse D D D D D D D
D. Convalescent Homes X X X C D D D
E. Day Care Center C C C C C C C
**
.~
~ -Dormitories/Fraternity/ -
Sorority X X X X C C C
x_ "Granny" Housing D D D D D D D
I• Homeless Fadlities X X X X C C C
J• Manufactured Housing D D D D D D D
r: Mobile Home Parks
or Subdivisions D D D D D D D
L• Multi-Family Dwellings X X X D D D D
M. Planned Residential Dev X X X D X X X
N• Sewnd Dwelling Unit D D D D D D D
~ •. Senior CitizenlCongregate X X X D D D D
Care Housing
P. Single Family Dwellings D D D D D D D
• Small Lot Subdivision X X X D X X X
2 F_c~ estri n Ices
A. Stables, Private D D D D D D D
B. Stables, Commerdal C C C C C C C
3. Agricultural Uses C C C C C C C `..-
* * F. Dav C~re Homg~ Family
6 ar ess chi dren P P P P P p p
7-12 children D D D D D D p
II'`t Attachment "A-2" 7/92
MC-841 RESIDEPITIAL DISTRICTS -19.04
2. T.AND USE DISTRCCT SPECIFIC STANDARDS
In addition to the general development requirements contained in Chapter 19.20 ~
(Property Development Standards), the following standards shall apply to
spedfic residential districts:
TABLE 04.03
RESIDENTIAL DISTRICTS
• SPECIFIC STANDARDS
Soedfic Standaras RE RL RS RU RM RMH RH CO-1.2 CG-2 CIIL-2
A.-Accessory + + + + + + + + + +
Strucriues
*,~8. Day Care Center + + + + + + + + + +
D .Density Bonus/ + + + + + + + + + +
Affordable Housing
or Amenities
E .Front/Reaz Yard + + + + +
Averaging
F -Golf Courses & + + + + + + +
Related Fadlifies
c .Guest House + + + +
x .Minimum Room Size +
+
+
+
+
+
+
+
+ _
+ r
I . Ivtmimum Dwelling + + + + + + + + + +
Size
J ,Mobile Home & + + + + + + +
Manufactured
Housing
I; .Mobile Home Park + + + + + + +
or Subdivision
L • Multiple Family Housing + + + + + +
tt. Planned Residential +
Development
~+ • Recreational + + + + + + +
Vehicle Storage
o .Second Dwelling + + + + + + +
Unit/"Granny"Housing
p. Senior Citizen/ + + + + + + +
Congregate Care Housing
C • Small Lot Subdivision +.
ICey •,+„ applies in the land use dis trict
** C. Day Care Home, + + + + + + +
Large Family
II'u Attachment "A-3" 7/92
MC-841 RESIDE*ITIAL DISTRICT'S -19.04
A. ACCESSORY STRUCTURES
~~-.
Accessory structures in residential land use districts are subject to
Development review and shall be compatrl~le with the materials and
architecture of the main dwelling of the property. Accessory structures
may ~ be constructed on a lot containing a main dwelling unit. Acces-
sory structures may be built ro the side and rear property lines provided
that such structures are not closer than 10 feet ro any other structure
Building Code requirements may further restrict the distance ro be mairt-
tained from property lines or other structures.
B. DAY CARE CENTER DESIGN STAt7DARDS (See PagesII-13A & II-13B
Day Care Centers are permitted in residential
land use districts subject to Conditional Use Permit
review, pursuant to Section 19.04.020 (Table 4.01) and
Section 19.06.020 (Table 6.01, #835). The
centers shall be constructed in the following
manner:
The fadlity shall conform ro all property development stand-
ards of the land use district in which it is located.
2 Large fadlities shall not be located within 300 feet of another
large fadlity.
3. An outdooiplay area of no less than 75 square feet per child, but
in no case less thart 450 square feet in area shall be provided. The
outdoor play areaslull be located in the rear area. Stationary play
equipment shall not be located in required side and front yards.
4. A 6 foot high solid decorative fence or wall shall be constructed on
all property lines, except in the front yard. In the front yard, the
open fence shall not exceed 48 inches in height, and a solid wall
shall not exceed 36 inches in height .Materials, textures, colors,
and design of the fence or wall shall be.campatible with on-site
develop and adjacent properties. All fences or walls shall provide
far safety with controlled points of entry. ~
5. On-site landscaping shall be consistent with that prevailing in the
neighborhood and shall be installed and maintained, pursuant to
Chapter 19.28 (landscaping Standards). Landscaping shall be
provided to reduce noise impacts on surrounding properties.
6. All on-site parking shall comply with the provisions of Chapter
19.24 (Off-StreetParkdng). L,arge-faelitess1sa11-psauidaors~site..
rdueleiarrtaronxdor-separate elttraae~aasd exit~oiatsraad ada-,
~ quate~acrenSesloadiag spaces.- ~ \
II-13 "A-4" 7/92
Attachment
MC-841
°B.
DAY CARE CENTER DESIGN STANDARDS
Day Care Centers are permitted in residential land use
districts subject to Conditional Use Permit review, pursuant
to Section 19.04.020 (Table 4.01) and Section 19.06.020 (Table
6.01, #835). The centers shall be constructed in the
following manner:
1. The center shall conform to all property development
standards of the land use district in which it is
located.
2. Day care centers shall not be located within 500 feet of
another day care center.
3. An outdoor play area of no less than 75 square feet per
child, but in no case less than 450 square feet in area
shall be provided. The outdoor play area shall be
located in the rear area. Stationary play equipment
shall not be located in required side and front yards.
A 6 foot high solid decorative fence or wall shall be
constructed on all property lines, except in the front
yard. In the front yard, the open fence shall not exceed
48 inches in height, and a solid wall shall not exceed 36
inches in height. Materials, textures, colors and design
of the fence or wall shall be compatible with on-site
development and adjacent properties. All fences or walls
shall provide for safety with controlled points of entry.
5. On-site landscaping shall be consistent with that
prevailing in the neighborhood and shall be installed and
maintained, pursuant to Chapter 19.28 (Landscaping
Standards). Landscaping shall be provided to reduce
noise impacts on surrounding properties.
6. On-site parking shall be provided pursuant to the
provisions of Chapter 19.24 (Off-Street Parking). On-
site vehicle turnaround or separate entrance and exit
points and adequate passenger loading spaces shall be
provided.
7. All on-site lighting shall be stationary, directed away
from adjacent properties and public rights-of-way, and of
an intensity appropriate to the use it is serving.
8.
9.
All on-site signage shall comply with the provisions of
Chapter 19.22 (Sign Standards).
The center shall contain a fire extinguisher and smoke
detector devices and meet all standards established by
the City Fire Marshall.
II-13A
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MC-841
10. A center within a residential land use district may
operate up to 14 hours per day.
11. Outdoor activities may only be conducted between the
hours of 8:30 a.m. and 8:00 p.m."
II-13B
7/92
MC-841 ~ RESIDENTIAL DISTRICTS -19.04
All on-site lighting shall be stationary, directed away from adjacent
properties and public rights-0f- way, and of an intensity ap-
propriate to the use it is serving. •
8. All'- on-site signage shall comply with the provisions of Chapter
19.22~ESi\ tandards).
9. The fadIity shall contain a fire extinguisher and smoke defector
devices and meefiall standards established by the City Fire Mar-
sha1L
10. A fadlity within a residential land use district may operate up to 14
hours per day.
11. Outdoor activities may only be mnductee~between the hours of
8:30 A.M. to 8:00 PM. ~
rt-- ~4nyfadlity-silalii~estate~icensed-~
**
-~. DENSI'TY BONUS
This section contains 2 density bonus provisions. The first entitlement is {
based upon the provision of affordable housing pursuant to State Govern-
ment Code Section 65915. The second provision is intended to provide
density bonus incentives for the incorporation of on-site amenities.
1
State Government Code Section 65915 provides for the granting of
a density bonus or other incentives of equivalent fmandal value
when a developer of housing agrees to construct at least 1 of the fol-
lowing. - -
a. Twenty percent of the total units of a housing development
for persons and families of lower income, as defined in Sec-
tion 50079.5 of the Health and Safety Code.
b. Ten percent of the total units of a housing development
for very low income households, as defined in Section 50105
of the Health and Safety Code.
c Fifty percent of the total dwelling units of a housing
development for qualifying residents, as defined in Section
51.2 of the Civil Code. ` .
** C. DAY CARE HOMES, LARGE FAMILY
Large family day care homes may be lo~atea no closer than 500 feet,
in an ggi ection, from gq existing large family day care home,
measu~ed ~rom nrnperty 7_tne to orooerty line.
II-ls Attachment "A-5"
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MC-841 `
RESIDENTIAL DISTRICT'S -19.04
A request for a density bonus and regulatory concessions and/or
incentives shall require Conditional Use Permit review and besub-
jest to the following provisions:
a. For the purpose of this Section, "density bonus" shall
mean a density inaease of Z5% over the otherwise maxi-
mum allowable residential density under this Development
Code and the General Plan. When determining the number
of housing units which are to be affordable, the density
bonus shall not be included.
b. The procedures for implementing this section are as follows:
1) The City shall within 90 days of receipt of a written
proposal, notify the developer in writing of the proce-
dures governing these provisions.
2) The Coundl may approve the density bonus and
regulatory concessions and/or incentives only if all of
the following findings are make:
a) The developer has proven that the density
bonus and adjustment of standards is neces-
sary to make the project eoortomically feasible;
b) That additional adjustment of standards are
not required in order for the rents for the tar-
geted units to be set, pursuant to Government
Code Section 65915 (~); and
c) The proposed project is compatible with the
purpose and intent of the General Plan and
this Development Code.
c The density bonus shall only apply b housing develop-
ments consisting of 5 or more dwelling units.
d. The density bonus provision shall not apply to senior dtizen
and senior congregate care housing projects that utilize the
senior dtizen housing density provisions of this Develop-
ment Code.
II-15
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MC-841
RESIDENTIAL DISTRICTS -19.04
e. Prior ro the issuance of a building permit for any dwelling / _ ,
unit in a development for which "density bonus units" have
been awazded or incentives have been received, the
developer shall submit documentation which identifies the
restricted units and shall enter into a written agreement with
the City ro guazantee for 30 years their continued use and
availability ro low and moderate-income households. The
agreement shall extend more than 30 yeazs if required by the
Construction or Mortgage Fmandng Assistance Program,
Mortgage Insurance Program, or Rental Subsidy Program.
The terms and conditions of the agreement shaII :vn with
the land which is ro be developed, shall be binding upon the
successor in interest of the developer, and shaII be recorded
in the Office of the San Bemat+dino County Recorder.
The agreement shall include the following provisions:
1) The developer shall give the City the continuing right
-of-first-refusal ro purchase or lease any ~ all of the
designated units at the fair mazket value;
2) The deeds ro the designated units shall contain a
covenant stating that the developer or his/her succes- ~ -
sor in interest shall not sell, rent, lease, sublet, assign,
or otherwise transfer any interests for same without
the written approval of the City confirming that the
sales price of the units is consistent with the limits es-
tablished for low- and moderate-income households,
which shall be related ro the Consumer Price Index;
3) The City shall have the authority ro enter into other
agreements with the developer or purchasers of the
dwelling units, as may be necessary ro assure that the
requred dwelling units are continuously omspied by
eligible households.
f. "Density bonus units" shall be generally dispersed through-
out adevelopment project and shall not differ in appeazance
from other units u1 the development
g. The City shall provide, in addition ro a density bonus, at
least 1 of the following regulatory concessions and/or incen-
tives to insure that the multi-family residential project will
be developed ~ t a reduced cost
II-16 7/92
MC-841 RES2DE.*ITIAL DISTRICTS -19.04
1) A reduction or modification of Development Code
requirements which exceed the.,,;n;r„um building
standards approved by the State Building Standards
Commission as provided in Part 2S (commenting
with Section 18901) of Division 123 of the Health and
Safety Code, including, jllt not limited to, a reduction
in setback and square footage requirements and in
the ratio of vehicular parking spaces that would
otherwise be required.
2) Approval of mixed use development in conjunction
with the multi-family residential project if commer-
dal, office, industrial, or other land uses will reduce
the cost of the development and if the project will be
mmpahble internally as well as with the existing or
planned development in the area where the proposed
housing project w111 be located.
3) Other nagulatory incentives or concessions proposed
by the developer or the City which result in identifi-
able cost reductions.
2 Amenities Bonus Provision
This provision allows an increase in the maximum permitted den-
sity of 15% in only the RU, RM, RMH, RH, CO-Idr2, CG2, and CR-
21and use caning districts. lnaeases of up to 15% may be granted
based upon the finding(s) that any proper combination of the fol-
lowing amenities are provided in excess of those required by the
applicable land use district
a. Architechual features that promote upscale multi-family
development;
b. Additional on site or off-site mature landscaping which will
benefit the project;
c Additional useable open Space;
d. Attached garages;
e. Additional n~aeational faalities (i.e., clubhouse, play
area, pool/jacvui, tennis mart, etc); and
f. Day care faalities.
This amenity bonus provision shall not be used as an addition to
the affordable housing density bonus provision
II-17 ; /g~
MC-841
RESID E'VTIAL DISTRICT'S -19.04
E. FRONT/REAR YARD AVERAGING STANDARDS
Front/rear setbacks required by the base district in Table 04.02 maybe
averaged on the interior lots within a single family detached or duplex
subdivision
The front/rear yard setback of a group of 5 adjacent dwelling units may
vary up ro 5 feet from that required. The average setback of all 5 units
shall equal the minimum required for the base district
F - GOLF COURSES AND RELATED FACILITIES STANDARDS
Golf nurse developments are subject ro Conditional Use Permit review
and shall be constricted in the following manner.
1. State~f--the-art water conservation techniques shall be incorporated
into the design and irrigation of the golf course.
2 Treated effluent shall be used for irrigation where available.
3. Perimeter walls or fences shall provide a viewshed window
design along all public rights~f--way, incorporating a mix of
pilasters and wrought iron fendng or equivalent treatment
4. All accessory fadlities, including but not limited to, club houses, ` ^
maintenance buildings, and half-way club houses shall be designed
and located ro ensure compatibility and harmony with the golf
course setting.
G • GUEST HOUSE DESIGN STANDARDS
Guest houses are subject ro Conditional Use Permit review and shall be
constructed in the following manner.
1. All guest houses shall conform ro all development standards of
the underlying land use district
2 There shall be no more than 1 guest house on any lot
3. The floor area of the guest house shall not exceed 500 square
feet
7/92
MC-841 RESID E'VTIAL bISTRICTS -19.04
4. The guest house shall not exceed the height of the main dwelling.
5. There shall be no kitchen or cooking fadlities or wet bar fadlities
within a guest house
6. The guest house shall conform to all of the setback regulations
outlined in the applicable land use district
7. A guest house shall be used only by the ocLtipants of the main
dwelling, their non paying guests, or domestic employees. The
guest house shall not be rented.
H . MINIMUM ROOM SIZE STANDARDS
Minimum room size standards are as follows:
Garage
Bedroom (not inducting cosets)
Full bath (Tub or shower, toilet and lavatory)
Half bath (toilet and lavatory)
MINIMUM DWELLING SIZE STANDARDS
400
110 (190ss}ftaveragp)
35 (;~s~}$a~a~
25 C~Osgftaver~)
The following minimum dwelling areas are computed by calculating the
living area as measured from the outside of walls and exdudes garages,
carports, exterior courtyards, patios, or balconies.
1. The minimum area requirements for single-family residential units
are as follows:
a.
b.
Single-Family Dwellings
Minimum Livable
Aroma in S~ +arv Feet
1,200 sq. ft
tvli_nimL*~? Average ivabl
Area in Square Feet
1,700 sq. ft
Infill Single-Family Dwellings
Minimum Livable
Area in Square Feet
1,000 sq. ft~-
Note: The m+++~**+um setbacks of applicable land use district shall be applied.
t~
II-19 7~ 9 2
MC-841 ~ AESIDEWTIpL~`7ISTRICTS -19.04
2. The minimum area requirements for apartments/mufti-family are
as follows:
Livable Area ~~
in Hare Feet Maxim m N imbrar 1~' 'mum Numhor
500 Bachelor I
600 1 I
800 2 1~
1,000 3 2
1,200 3+ 2
J • MOBILE HOME AND MANUFACTURED HOUSING
DESIGN STANDARDS
Manufactured or mobile homes are subject to Development Permit review
and shall be installed in the following manner.
I. Mobile or manufacri •ed homes maybe used as single-family
dwellings if the home is certified under take National Mobile Home
Construction and Safety Standards Ad of 1974. -
2 Mobile or manufactured homes which are used as single-family _
residences shall be installed on an approved permanent foundation ~ ,;
system in rnmpliance with applicable codes.
3. Director shall determine that the subject lot together with the proposed
mobile or manufactured home is compatible with surrounding
development. This determination shall include an assessment of
on-site design and development standards and materials, architec-
tural aesthetics, setbacks, building height, accessory buildings, ac-
cess. off-street parxing and minimum square footage requirements,
and any other Qiteria determined appropriate by the Director.
,`
II-20 - 7 / 9 2
MC-841 RESIDE~'TIAL DISTRICTS -19.6}
4. The following Spedfic Design Standards shall govern the installation
and construction of manufach~red and mobile homes.
1
a. All homes shall have a minimum eave dimension of 1 foot
b. All siding shall benon-reflective and shall be installed from
the ground up to the roof.
c All roofs shall have a m;n;r„um pitch of 1:4.
d. All homes shall have a minimum width (aQOSS the narrowest
portion) of 20 feet
x • MOBILE HOME PARK OR SUBDIVISION DESIGN STANDARDS
Mobile home pazks or subdivisions are subject to Development Permit
review and shall be construcfied in the following manner.
1. Individual mobile home space minimum setbacks shall be measured
from the edge of internal streets and space lines as follows:
a. Front -10 feet
b. Side - 5 feet on each side, or zero lot line on one side
with 10 feet on the opposite side.
c Rear -10 feet
d. Structural separation -10 foot minimum between dwelling
units.
2 Maximum mobile home space coverage (mobile home and its
accessory structure) shall be 75%.
3. Each mobile home shall be equipped with skirting, or provided
with a support pad which is recessed to give the appeazance of the
mobile home being looted on-grade.
4. All on-site utilities shall be installed underground.
5. The mobile home pazk shall be provided with pazking as required-
by Chapter 19.24 (Off-street Parking Standards).
6. A common reoeation area which may contain a recreation
building shall be provided in the park for use by all tenants and
their invited guests. The area shall be provided in 1 common loca-
lion with a minimum aggregate area of 400 square feet of recrea-
tional space for each mobile home spaces
L_:
a-n ~/9z
MC-841 RESIDENTIAL DISTRICTS -19.04
7. All exterior boundaries of the mobile home pazk shall appeaz similar
to conventional residential developments and shall be screened by ~ . ,
a decorative wall, fence or other compazable device 6 feet in
height, with a minimum 6 foot wide landscaped area provided
along the inside of the perimeter sQeen.
8. Common open space shall be landscaped in accordance with a
landscape plan approved by the review authority and in a manner
consistent with Chapter 19.28 (Landscaping Standards).
9. All mobile home pazk or subdivision developments shall provide
recreational amenities within the site which may include: aswim-
mingpool; spa; clubhouse; rot lot with play equipment, picnic shel-
ter -barbecue area; court game fadlities such as tennis, basketball,
or racquetball; improved softball or baseball fields; or, day care
fadlities. The type of amenities shall be approved by the Director
and provided according to the following schedule:
Url1t5 m nitir+e
0-9 0
Io-so 1
~I-100 2
101-200 3
201-300 4
Add 1 amenity for each 100 additional units or fraction thereof.
L. MULTI-FAMILY HOUSINGSTANDARDS
Multi-family housing is permitted in the RU-1, RU 2, RM, RMH, RH, CG
2, and CR 2 ]and use districts subject to Development Permit Review and
shall be constructed in the following manner.
1. All multi-family developments with 12 or more dwelling units shall
provide 30% useable open space for passive and active recreational
uses. Useable open space areas shall not include: right~f--ways;
vehicle parking areas; areas adjacent to or between any structures
less than 15 feet avant; setbacks; patio or private yards; or, slope
areas greater •han 8%. '
2 Each dwelling unit shall have a private (walled) patio or balcony
not less than 300 square feet in area or 25% of the dwelling unit
size, whichever is less.
:~
II-22 7 / 9 2
MC-841
RESIDE.*ITIAL I7ISTRICI'S -19.04
3. All multi-family developments shall provide reQeational amenities
within the site which may include: a swialming pool; spa; club-
, house; tot lot with play equipment; pialic shelter -barbecue area;
mart game fadlities such as tennis, basketball, or racquetball; im-
proved softball or baseball fields; or, day care fadlities. The type of
amenities shall be approved by the Director and provided accord-
ing to the following schedule:
i7 its menities
0-11 0
lz-5o 1
51-loo 2
101-200 3
201-300 4
Add 1 amenity for each 100 additional units or fraction thereof.
4. Off-street parking spaces for multi-family residential developments
shall be located within 150 feet from the dwelling unit (front or rear
door) for which the pakking space is provided.
5. Each dwelling unit shall be provided a m;n;.r,um of 150 cubic feet
of private enclosed storage space within the garage, carport, or im-
mediately adjacent to the dwelling unit
6. Driveway approaches within multiple family developments of 12 or
more units stall be delineated with interlocking pavers, rough-tex-
tured mnaete, or stamped mnaete and landscaped medians.
7. All parts of all structures shall be within 150 feet of paved access for
single story and 50 feet for multi-story.
8. Common laundry fadlities of suffident number and accessibility
consistent with the number of living units and the Uniform Build-
ing Code shall be provided_ ..
9. Each dwelling unit shall be plumbed and wired for a washing
machine and dryer
10. Management and security plans shall be submitted for review and
approval for multi-family developments with 12 or more dwelling
units. These plans shall be comprehensive in snipe.
II-73 7/92
Mc-s41 RESIDE*1TIAL• DISTRICTS-19.04
M' PLANNED RESIDENTIAL DEVELOPMENT/SMALL LOT SUBDIVISIONS
Planned Residential Development (PRD) including Qustered Sub-
divisions and Small Lot Divisions are permitted in Residential Urban
Land use districts subject ro Development Permit review. Attached and
detached single-family dwelling units are permitted. The purpose of al-
lowing these types of developments is ro promote residential amenities
beyond those expected in conventional residential developments, ro
achieve greater flexibility in design, ro encourage well planned neighbor-
hoods through aeative and imaginative planning as a unit, ro provide for
appropriate use of land which is suffidently unique in its physical chazao-
teristics or other dreumstances ro warrant spedal methods of develop-
ment, roreduce development problems in ht7lside areas and ro preserve
azeas of natural scenic beauty through the encouragement of integrated
planning and design
L
The underlying zesidential land use district or the T-Tilleide Manage-
ment 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 maxi-
mum number of dwelling units shall be determined by adding
together the allowable density for each land use district area. Den- ~ -
sity transfer throughout the PRD project area is permitted for the .
promoflon of clustering units in those areas suited ro 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 Minim im Lot ~~
The m;ni,num lot size for a detached single-family unit in a Small
Lot Subdivision shall be 5,000~square feet PRD's may a~eate lot
sizes ro accommodate the a~eation of attached single-family dwell-
ing units or Qustered Subdivisions.
3. Site Coveraee
Structures shall not occupy more than 40% of the gross site area.
4. Strectu_re Height/Nu_mber of Atta hed Dw 1'ng Tnifa
Detached single-family structures shall not exceed 2-1/2 stories, or
35 feet Attached single-family structures shall not exoed 3 stories
or 42 feet The maximum average numbs of single-family units at
tacked in any manner ro form a single structure shall be 6.
II-24 7 / 9 2
MC-S41
RESIDENTIAL DISTRICTS -19 l}4
' S. Setbacks
( ~::
The minimum frpnt, reaz, and side structural setback from the
project perimeter boundary shall be 15 feet The m;n;,num dwell-
ing unit side structural setback from other dwelling unit structures
is 15 feet plus 1 foot for each I5 feet of structure length. In small lot
subdivisions the m;n;m~n side setback i5 5 feet with a 15 foot mini-
mum dwelling unit sepazation.
6. Qge~ace
All Planned Residential Developments with 12 or more dwelling
units shall provide 30% useable open space for passive and active
recreational uses. Useable open spaco areas shall not include:
right-of-ways; vehicle pazking azeas; areas adjacent to or between
any structures less than 15 feet apart; setbacks; patios and private
yazds; or, slope areas greater than 8 percent Slopes greater than 8
percent map be approved in the Hillside vianagement Overlay Dis-
trict by the Director as useable open space.
7. Amenitig
All Planned Residential Developments shall provide recreational
amenities within the site which may include: a swimming pool;
spa; clubhouse; tot lot with play equipment; piatic shelter - bar-
becue azea; mart game fadlities such as tennis, basketball, or rao-
quetball; improved softball or baseball fields; or, day care fadlities.
The type of amenities shall be approved by the Director and
provided according to the following schedule:
Units Amenities
0-11 0
12-50 1
51-100 2
101-200 3
201-300 4
Add 1 amenity for each 100 additional units or fraction thereof.
8. Private Streets
Private streets shall be permitted when there is a home owner's as-
sodation established to maintain them. The streets shall be built to
standards and spedfications for public works construction.
II-2S
7/92
MC-841
RESIDENTIAL DISTRICTS -19 04
9.
No lot or dwelling unit in the development shall be sold unless a
corporation, home owner's assodation, assessment district or other
approved appropriate entity has been legally formed with the right
to assess all those properties which are jointly owned or benefitted
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 streetrights-0f-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 CCdzR's shall permit the enforce-
ment by the City, if required. No lot or dwelling unit shall be sold
unless all approved and required open space, amenities, landscap-
ing, or other improvements, or approved phase thereof, have been
completed or completion is assured by a fmandng guarantee
method approved by the City Engineer.
10. Fire Den~artment Standard
i_
All parts of all structures shall be within 150 feet of paved access j" --
for single-story and 50 feet for multi-story. l _
11. Residential Specific Standards
In addition to the I'RD development requirements, the following
spedfic standards contained within this chapter shall apply:
a. Day ~ fadlities
b. Golf courses and related fadlities
c Guesthouse
d. Lighting
e. Minimum room size
f. Minimum dwelling size
g. Mobile home and manufactured housing
h. Mobile home park or subdivision
i. Recreational vehicle storage
II46 7/92
MC-841 RESIDEI`rL~7AL DIS'T'RICTS -19.04
N . RECREATIONAL VEHICLE STORAGE FACILTITES
Developments within the multi-family land use districts and with 12 or
more dwelling units, shall provide recreational vehicle storage fadlities.
The storage fadliiies shall be reviewed as part of the Development Permit
and shall be constructed in the following manner.
1. Centralized storage azeas shall be provided for recreational
vehicles, boats, etc, at a m;r,;n,um of 1 space for each 8 dwelling
units. Any fractional space requirement shall be construed as re-
quiring 1 full storage space pursuant to Chapter 19.24 (Off-Street
Pazking Standards).
2. Individual storage spaces shall measure not less than 12 feet by
30 feet, and shall have direct access to a driveway with a ~*++*+;+*~um
paved width of 25 feet.
3. Storage areas shall be paved and drained.
4. Storage areas shall be completely sa~ened from exterior view
by a combination of landscapi.~Tg, masonry walls, fences or other
compazable screening devices 8 feet in height, subject to the ap-
proval of the Director.
o. SECOND DWELLING IJNTT/"GRAIVNY" HOUSING DESIGN STANDARDS
Second dwelling units require a Development Permit and shall be o7n-
structed in the following manna
1. No more than 1 second dwelling unit shall be permitted on
any parcel or lot.
2 A second dwelling unit may only be permitted on a residential
lot on which there is alrPade built 1 owner occupied single-family
detached dwelling unit ;main unit).
3. A second dwelling unit may aot be permitted on residential lots
already having 2 or more dweL'ing units.
-t. The pazcel upon which the second dwelling unit is to be established
shall conform to all standards of the land use district in which it is
located.
5. Any increase in the floor area of an attached second unit shall not
exceed 30% of the existing living area of the main dwelling.
6. The total area of floor space for a detached second unit shall not
exceed 1200 square feet
II-27
7/92
MC-841
RESIDENTIAL DISTRICTS -19.04.
7. The second dwelling unit shall be architecturally compatible with
the main dwelling.
8. The second dwelling unit shall be provided with parking in
addition to and the same as that required for the main dwelling,
pursuant to Chapter 19.24 (Off-Street Parking Standards). No
variance or minor exception may be filed for allowing parking
within the required front or side yard setbacks.
9. The second dwelling unit may be metered separately from
the main dwelling for gas, electridty, and water/sewer services.
10. Prior to issuance of a building permit for the second dwelling unit,
a covenant of restriction to run with the land, shall be recorded
which spedfies that the use of the second unit as an indei endent
dwelling may continue only as long as one unit on the property is
owner-occupied.
Il. The applicant for the Development Permit shall be the owner of
the subject property.
12 This section shall not validate any existing illegal second dwelling
unit An application for a permit may be made pursuant to the _
provisions of Chapter 19.44 (Development Permits) to convert an il- ~. j
legal second unit to a conforming legal second unit, and the stand-
ards and requirements for said conversion shall be the same as for
newly proposed second dwelling units.
13. The following findings shall be made (in addition to those outlined
in Chapter 19.44 (Development Permits]) in order to approve aper-
mit for a second dwelling unit:
a. The second dwelling unit is compatible with the design
of the main dwelling unit and the surrounding neighbor-
hood in terms of landscaping, scale, height, length, wic:h,
bulk, lot coverage, and exterior treatment, and will not cause
excessive noise, traffic, or other disturbances to the existing
neighborhood or result in significantly adverse impacts on
public services and resources.
b. The second dwelling unit shaII not cause a high concentra-
tion of such units suffirient to change the character of the
surrounding residential neighborhood. .
II-?$ - 7 ! 9 2
MC-841
RESIDENTIAL DISTRICTS -19.04
P • SENIOR CITIZEN/CONGREGATE CARE HOUSING DESIGN STANDARDS
Senior group housing developments are subject to Development Permit
review and shall be constructed in the following manner.
1. A bus turnout and shelter on the on-site arterial frontage shall be
dedicated if the project is located on a bus mute as determined by
the Director.
2 Dial-a-ride transportation shuttles shall be provided; number
to be determined during project review.
3. The parcel upon which the senior group housing fadlity is fa
be established shall conform to all standards of the underlying land
use district
4. The senior group housing shall conform with all local, state, and
federal requirements.
5. The number of dwelling units shall be based on Table 4.02 (Residential
Development Standards).
6. The m;n;n,um floor area for each Iesidential unit shall be as
follows:
Studio:
410 square feet
One-bedroom: 510 square feet if Idtchen-dining
living areas are combined.
570 square feet if Idtchen~ixsi.~g
living areas are separate.
Two-bedroom: 610 square feet if kitchen-dining
living areas are combined.
670 square feet if Idtchen-dining
living areas are separate.
'~
7. The main pedestrian entrance to the development, common areas,
and the parking fadlity shall be provided with handicapped access
pursuant to Section 19.24.050.
8: Indoor common areas and living units shall be handicap adaptable
and be provided with all necessary safety equipment (e.g., safety
bars, etc.), as well as emergency signal/intercom systems as deter-
mined by the Director
II_Zy 7 / 9 2
MC-S4T RESIDEN'iIAI: DISTRICTS -19.04
9. Adequate internal and external lighting including walkways shall
be provided for security purposes. The lighting shall be energy effi-
dent, stationary, deflected away from adjacent pzvperties and
public rights-of-way, and of an intensity mmpahble with the
residential neighborhood.
10. Common reQeational and entertainment activities of a size and
scale consistent with the number of living units shall be provided.
The minimum size shall equa1100 square feet for each living unit
Il. Common laundry`adlities of suffirient number and accessibility,
consistent with the number of living units and the Uniform Build-
ing Code shall be provided. The fadlities shall have keyed access
for tenants only. -
12 Each residential =snit shall be plumbed and wired for a washing
machine and dryer.
13. The development may provide one or more of the following
spedfic internal common fadlities for the exclusive use of the resi-
dents.
a. Central cooking and dining room(s).
b. Beauty and barber shop.
c Small scale drug store not exceeding 1,000 square feet.
14. Off-street pazlcing shall be provided in the following manner:
a. One covernd pazlcing space for each dwelling unit for the
exclusive use of the senior dozen residents plus one space
for every 5 units for guest pazking.
b. Three pazking spaces for every 4 dwelling units for employee
and guest use for congregate care residences.
c All off-street pazking shall ce located within 150 feet of the
front door of the main entrance.
d. Adequate and suitably striped paved areas for shuttle
parking. Shaded waiting areas shall be provided adjacent to
the shuttle stops.
e. Design standards relating to handicapped pazlang, access,
surfadng, striping, lighting, landscaping, shading, dimen-
sional requirements, etc shall be consistent with the stand-
arils outlined in Chapter 1924 (Off-SEreet Dazldng Stan- ~,
dards).
II-30 7 / 9 2
MC-841 RESIDENTIAL-DISTRICT'S-19.04
f. Senior dtizen/congregate care pazking requirements maybe
adjusted on an individual project basis, subject to a pazking
study based on project location and proximity to services for
senior dozens including, but not limited to medical offices,
shopping areas, mass transit, ebc
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
receptade(s) shall comply with adopted Public Works Department
Standards and be of suffident size to accommodate the trash
generated. The receptacle(s) shall be sonaened 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 5 feet in height The gate shat' 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 close 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 HO
years of age.
18. Developers of Senior Citizen/Congregate Care housing which have
a density lazger than that allowed in the underlying land use district,
shall provide a mazke~iTtg analysis which analyzes long berm feasibility
and a conversion plan of Senior residential units to standard units, with
a corresponding reduction in the number of units to equal the density
allowed in the underlying land use district if the project s not occupied
by Seniors b0 years of age or older. The feasibility study and conversion
plan shall not be required if :he project is sponsored by any government
housing agency, the City's Development Department or anon-profit
housing development corporation. Tf the proposed project is to be
located in the CO-1, CO-21and use district the conversion plan shall
address the transformation of residential units into the uses allowed
in the Commerda! 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.
4 - SMALL LOT SUBDIVISION STANDARDS
Standards for small lot subdivisions are located in Subsection L (Planned
i Residential Development Standards) of this chapben
II-31 7/92