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CITY OF SAN BERN,<-ADIN:Jil REQUE~ F~ A COUNCI~TI::
Larry E. Reed, Director
From:
Planning and Building Services
Dept:
February 16, 1990
Date:
. Ordinance amending Chapter 19.66
SubJect:and repealing section 19.66.020,
relating to non-conforming uses
and buildings
4.
Synopsis of Previous Council action: 1. 9/6/89 Perea I s case set for Public Hearing be
fore council (Applicant had waived notice of public hearing & ask
ed for this hearing date)-council returned case to BBC to rehear.
10/13/89 Board of Building Commissioners heard appeal. (No change in
BBC Order requiring demolition or conversion to commercial use.
10/23/89 Council deferred appeal and referred to Legislative Review
Committee to look at non conforming building and use issues
and make a recommendation on amending municipal code.
12/7/89 LRC decided not to change the 50% destroyed by fire and 180 day
abandoned provisions of municipal code & asked staff to review.
General Plan policies related to repealing the length of time
for discontinuing out-of-zone buildings and uses.
Council referred Ordinance amending Chapter 16.66 back to the
Legislative Review Committee.
T~ryi~'~~iv~ R~vi~w rnmmi~~~~ rp~lP~~pd Ci~y Attornpy to revise
the Ordinance Per Planning & Building Services Memo of January 8,
Recommended motion: for the February 19, 1990 Council Meeting.
2/5/90
2.
3.
5.
I)
?/A/qn
, ,
that the first reading of Ordinance repealing SBMC 19.66.020, and related
references to SBMC 19.66.020 be waived and said Ordinance be laid over for
final passage.
cc, Marshall JUlian, city Administrator ~
Jim Richardson, Deputy city Administrator'
James Penman, City Attorney
~~
Signature
Contact person: Larry E. Reod
Supporting data attached: St3ff Report, Ordinance
Phone: )64-5261
Ward:
All Wards
FUNDING REQUIREMENTS:
Amount:
N/A
Source: (Acct. No.)
(Acct. Description)
Finance:
Council Notes:
COUNCIL:CA.REQUEST-16 (revised)
75.0262
Agenda Item NO."!?- ~VI.s~
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CITY OF SAN BERN~ADINO - REQUEST F"A COUNCIL ACTION
STAFF REPORT
BACKGROUND:
The attached Ordinance is in response to Mrs. Perea's appeal of the
Board of Building Commissioners Order to demolish her house at 1040 1/2
West Baseline.
DISCUSSION:
This Ordinance proposes to repeal only section 19.66.020. This type of
provision for phasing out older, non-conforming buildings and uses,
based solely on age, is not desireable given the large number of non
conforming uses and structures in the City of San Bernardino. The
repeal of 19.66.020 is to avoid having to demolish or change the use of
a building simply because it is out of zone for some specific time (40
years for masonry buildings, 30 years for other fire-resistive
buildings, and 20 years for wood frame buildings.
STAFF RECOMMENDATION:
It is the recommendation that the Mayor and Council adopt the revised
Ordinance repealing only Municipal Code section 19.66.020 and sections
that refer to section 19.66.020, and after the effective date of the
repeal of this Ordinance, determine the Perea case solely on the merits
as to whether the house has been over 50% destroyed.
Prepared by:
~5~
Larry . Reed, Director
Planning and Building Services
CA.STAFF-16 - Revised 2/12/90 (Item #29)
Page 1
75-0264
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2 ORDINANCE NO.
3 ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION
19.66.030 AND REPEALING SECTION 19.66.020 OF THE SAN BERNARDINO
4 MUNICIPAL CODE RELATING TO NON-CONFORMING BUILDINGS AND USES.
5 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
DO ORDAIN AS FOLLOWS:
6
SECTION 1.
Section 19.66.020 of the San Bernardino
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Municipal Code is hereby repealed.
8
SECTION 2.
Section 19.66.030 of the San Bernardino
9
Municipal Code is hereby amended as follows:
"19.66.030 Requirement for Alterations and Additions to
Nonconforming Buildings.
A. A nonconforming building may be continued and
maintained if the building is not added to or structurally
altered other than as required by law; and provided, that a
nonconforming building may be added to or structurally altered on
condition that:
1. A petition approving such addition or alteration
is signed by seventy-five percent of the residents and/or owners
of properties within a radius of five hundred feet of the
building and said petition is presented to the Planning
Commission; or if, after a reasonable effort such petition has
not been obtained, a signed affidavit establishing that
reasonable efforts have been put forth to obtain the signatures
of seventy-five percent of the residents and/or owners of
properties within a radius of five hundred feet of the building
but without success;
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2. Evidence is presented that the addition or
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PZ/ses/chap.19
February 15, 1990
10
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2 ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION
19.66.030 AND REPEALING SECTION 19.66.020 OF THE SAN BERNARDINO
3 MUNICIPAL CODE RELATING TO NON-CONFORMING BUILDINGS AND USES.
4 alteration is reasonable and is not injurious to adjoining
5 properties;
6
3.
The Planning Commission approves the application,
7 after there has been compliance with the procedures and
8 provisions pertaining to the granting of variances as set forth
9 in Sections 19.74.030 through 19.74.070; and
4.
Approval of the Common Council is obtained prior
11 to the building being added to or structurally altered.
12 I HEREBY CERTIFY that the foregoing ordinance was duly
13 adopted by the Mayor and Common Council of the City of San
14
15
Bernardino at a
meeting thereof,
on
the
held
day of
1990, by the following vote, to
16 wit:
17
Council Members:
AYES
ABSTAIN
NAYS
18 ESTRADA
19 REILLY
20 FLORES
21 MAUDSLEY
22 MINOR
23 POPE-LUDLAM
24 MILLER
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City Clerk
PZjses/chap.19
February 15, 1990
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1
2 ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION
19.66.030 AND REPEALING SECTION 19.66.020 OF THE SAN BERNARDINO
3 MUNICIPAL CODE RELATING TO NON-CONFORMING BUILDINGS AND USES.
4
The foregoing ordinance is hereby approved this
, 1990.
day
of
5
6
W. R. HOLCOMB, Mayor
7 City of San Bernardino
8 Approved as to
form and legal content:
9
JAMES F. PENMAN,
City Attorney
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'I .
By: \~ 7 . 1"~.
o
PZjsesjchap.19
February 15, 1990