HomeMy WebLinkAbout68-Planning & Building
cttv OF SAN BERNAREAO,fREQUAT FOR COUNCIL AC~N
ttltJ.om:
~Pt:
Larry E. Reed
Director of Planning and Building Subject:
Approval of Addition to a Legal
Non-Conforming Residential Struc-
ture per Code Section 19.66.030
Mayor and Council Meeting of
December 18, 1989, 2:00 p.m.
Planning
Date:
December 5, 1989
Synopsis of Previous Council action:
On November 21, 1989, the Planning Commission, by a 5 to 0 vote,
recommended that the Council approve the addition to a legal, non-
conforming residential structure.
No previous Council action.
~: : I
r ~.I
f."-"t
,-.
'..,1
t ~,
C'"")
C~j
-.".l
;"'*
c::~
'+r'
-
Recommended motion:
,....,
..,';
1',
.-"i
.
That the hearing be closed; and, that the request to add a 239 square
foot den to the existing, legal, non-conforming tri-plex located at
640 South Valley Avenue be approved, subject to the Conditions of
Approval and Standard Requirements contained in the November 21,
1989 staff report to the Planning Commission (Exhibit B). (Supports
staff recommendation, Planning Commission action, and applicant's
request.) //1
'''-
~t~
I
F~J
Signature
CfL
Phone:
384-5071
Contact person:
Larry E. Reed
Supporting data attached:
Staff Report
Ward:
1
FUNDING REQUIREMENTS:
Amount:
n/a
Source: (Acct, No.!
(Acct, DescriPtion)
Finance:
,uncil Notes:
Agenda Item NO'~ ~
75-0262
clv OF SAN BERNAR.AO - REQUAT FOR COUNCIL AC~N
.
STAFF REPORT
Subject:
Approval of Addition to a Legal,
Residential Structure per Municipal
19.66.030
Mayor and Council Meeting of December 18, 1989
Non-conforming
Code section
REOUEST
The applicant, Alejandro zendejas, requests approval under
authority of Code section 19.66.030 to add a 239 square foot
den to a legal, non-conforming, tri-plex residential struc-
ture.
BACKGROUND
Municipal Code section 19.60.030 is an unique Code section,
whereby, a person may process a request to expand a legal,
non-conforming structure if the applicant does the following:
1. Provides a petition of 75% of the neighbors approv-
ing said expansion,
.
2.
Provides evidence of reasonableness of request and
non-injury to adjoining properties,
3. Obtains planning Commission approval (on
November 21, 1989, the Planning Commission, by a 5
to 0 vote recommended approval of this request),
4. Obtains Council approval.
The applicant has gone through the necessary process up to
obtaining Council approval.
The applicant "wants to add a 239 square foot den to a tri-
plex located at 640 South Valley Avenue. This area had a
previous zone of CM, commercial-Manufacturing and was then
designated IL, Light Industrial, in the new General Plan.
General Plan Policy 1.7.9 permits the continuation of legal
non-conforming uses and allows for this minimal expansion.
The addition of a 293 square fOQt den may be considered a
minimal expansion.
OPTIONS AVAILABLE TO THE MAYOR AND COUNCIL
The Mayor and Council may deny the request for approval or
approve the request for approval under Municipal Code section
19.66.030.
.
75-0264
.
.
.
.
Approval
structure
Mayor and
.
of Addition to Legal,
. .
Non-ConforInJ.ng
.
Residential
council Meeting of 12/18/89
RECOMMENDATION
staff and
request to
located at
Prepared by:
Exhibit
the
add
640
Page 3
Planning Commission recommend approval of the
a 239 square foot den to the existing tri-plex
South Valley Avenue.
John E. Montgomery, AICP
Principal Planner
for Larry E. Reed, Director of Planning and
Building
A - Public Hearing Notice
B - November 21, 1989 Planning Commission Staff
Report
mkf
M&CCAGENDA:VAR897
.
.
Exhibit B
.
.
i. ,. CITY OF SAN BERNARDINO PLANNING DEPARTMENT"'"
SUMMARY
AGENDA ITEM
HEARING DATE
WARD
6
11/21/89
1.
~
lU
~
(,)
Variance 89-7
OWNE R'
Alejandro Zendejas
640 S. Valley View Avenue
San Bernardino. CA 92408
SlIME
APPLICANT'
t;
lU
;:)
a
IAl
II:
....
<
'"
II:
<
'!he applicant requests approval under the authority of Code Section 19.66.
030 to add a 293 square foot den to a legal non-confoIllling residential
structure .
'!he 0.35 acre site is located at 640 South Valley view Avenue.
.
PROPERTY
SUbject
North
South
East
West
EXISTING
LAND USE
Residential
Sin;le Family Res.
Sin;le Family Res.
Sin;le Family Res.
Vacant
ZONING
IL
IL
IL
IL
IL
GENERAL PLAN
DESIGNATION
IL
IL
IL
IL
IL
GEOLOGIC I SEISMIC DYES FLOOD HAZARD DYES OZONE A SEWERS DYES
HAZARD ZONE Oil NO ZONE mNO OZONE B mNO
HIGH FIRE DYES AIRPORT NOISE I IX! YES REDEVELOPMENT DYES
HAZARD ZONE Oil NO CRASH ZONE oNO PROJECT AREA liD NO
...I o NOT o POTENTIAL SIGNIFICANT Z Oil APPROVAL
~ APPLICABLE EFFECTS 0
WITH MITIGATING - Ga
Zm MEASURES NO E.I.R. !<< CONDITIONS
lUe:) Oil EXEMPT o E.I.R. REQUIRED BUT NO 11.0 0
2Z II.ffi DENIAL
Z- SIGNIFICANT EFFECTS
00 WITH MITIGATING ~2 0 CONTINUANCE TO
a::Z MEASURES m2
:;:ii: 0
. Z oNO o SIGNIFICANT EFFECTS U
lU SIGNIFICANT SEE ATTACHED E. R. C. lU
EFFECTS MINUTES a::
NOV_ 1911 ..IVISCD "'ULY ..12
SOY
.
.
.
.
.
.
.
CITY OF SAN BERNARDINO PLANNING DEPARTMENT
CASE VAR 89-7
OBSERVATIONS
AGENDA ITEM
HEARING DATE
PAGE
h
11-21 Rq
?
1. .REOUEST
The applicant requests approval under the authority of
Code Section 19.66.030 to add a 293 square foot den to a
legal non-conforming residential tripl~x unit located in
the IL, Light Industrial District (See site Plan,
Attachment D).
2. SITE LOCATION
640 South valley View
south of Santa Fe Street,
V (See Location Map,
The 0.35 acre is located at
Avenue, approximately 153 feet
and is in Airport District
Attachment E).
3. MUNICIPAL CODE AND GENERAL PLAN CONFORMANCE
The proposed project is consistent with
Code and in conformance with the General
in Attachment A.
the Municipal
Plan as shown
4. CEOA STATUS
Variance 89-7 is categorically exempt from environmental
review per CEQA section 15301 Class I (e) in that it
will not result in an increase of 50% or more of the
. existing floor area.
5. BACKGROUND
The site and its surroundings are located in an old
residential neighborhood. The neighborhood was rezoned
Commercial Manufacturing, and with the adoption of the
new General Plan on June 2, 1989, was designated for
Light Industrial uses.
6. ANALYSIS
Expansion of Leaal Non-Conformina Uses.
Section 19.66.030 of the Municipal Code allows the
expansion of legal non-conforming uses. subject to the
following conditions:
.
.
.
.
.
.
.
CITY OF SAN BERNARDINO PLANNING DEPARTMENT
CASE VAR89-7
OBSERVATIONS
AGENDA ITEM
HEARING DATE
PAGE
6
11-21-89
3
A. The applicant must provide a petition signed ~y 75%
of the residents and/or property owners within 500
feet of the building or provide documentation that
reasonable efforts have been made to obtain said
signatures.
B.
Evidence must be
reasonable and not
ties.
presented that the addition is
injurious to adjoining proper-
C. The request must be approved by the Planning
Commission in compliance with the procedures
pertaining to the granting of variances set forth
in Code sections 19.74.030 through 19.74.070. The
requirement to provide variance findings is not
among those Code sections.
D.
The request must be approved by the Common Council.
There are 55 parcels within 500 feet of the building.
The applicant provided letters supporting his request
signed by 42 of the residents or property owners of
those parcels, which is 76% of the total number. Four
more letters were included signed by owners or residents
of property outside the 500 foot radius.
The existing structure and the proposed addition are 5
feet from the rear property line. structures more than
3 feet from a property line are not required to provide
fire walls and are not considered a significant fire
threat to adjoining properties.
General Plan policv
General Plan policy 1.7.9 permits the continuation of
legal non-conforming uses.and allows for their minimal.
expansion. The addition of. 293 square foot den to a
residential unit is not a significant intensification of
the use and may be considered a minimal expansion. The
total lot coverage will only be 14 percent.
.
.
.
.
.
.
.
CITY OF SAN BERNARDINO PLANNING DEPARTMENT
. CASE. VAR B9-7
OBSERVATIONS
AGENDA ITEM
HEARING DATE
PAGE
11-21-B9
6
4
Comoatibilitv with Surroundina Uses
The proposed addition of a den to an existing
residential unit will be compatible with the surrounding
single family residences.
Airoort District Five
The site is located in Airport District Five. All new
construction in A.D.V. is required to incorporate
construction materials which will reduce interior noise
levels 20 decibels below outside noise levels. This
will be a Condition of Approval.
7.
COMMENTS RECEIVED
seventy-six percent of the property owners or residents
within 500 feet of the site signed statements supporting
the applicant's request.
8.
CONCLUSION
The applicant has obtained the signatures of 75% of the
residents or property owners within 500 feet to support
the requested expansion of his legal non-conforming
residential structure. The requested expansion may be
considered to be a minimal expansion. It is compatible
with and non-injurious to the surrounding land uses. The
request is also consistent with the General Plan Policy
allowing minimal expansion of legal non-conforming uses.
9. RECOMMENDATION
staff recommends that the Planning commission recommend
that the Council approve Variance 89-7 subject to the
attached Conditions of ABproval (Attachment B) and
Standard Requirements (Attachment C).
.
.
.
.
.
.
.
OBSERVATIONS
AGENDA ITEM
HEARING DATE
PAGE
, CITY OF SAN BERNARDINO PLANNING DEPARTMENT
CASE "JlJlV~ 7
\..
6
11-21-89
5
Respectfully submitted,
L dN'" >
Larry E.
Planning
-/ /
/!.t.~.~~'
Reed, Director
and Building and Safety
Edalia Olivo-Gomez
Planner II
ATTACHMENTS:
A- Municipal Code and General Plan
Conformance
B- conditions of Approval
C- Standard Requirements
D- site Plan
E- Location Map
PC:
VAR89-70
....
.
.
.
.
.
.
.
A'ITJ\CFlMENI' B
CITY OF SAN BERNARDINO PLANNING DEPARTMENT
CASE VJ\R 89-7
CONDITIONS
AGENDA ITEM
HEARING DATE
PAGE
6
11!?1 IRq
6
STANDARD CONDITIONS
1.
Minor modifications to the plan shall be subject to approval
by the Director of Planning. An increase of more than 10
percent of the square footage or a significant change in the
approved concept shall be subject to Planning Commission
review and 'approval.
in substantial conformance with the
Development Review Committee, Planning
of Planning.
x
Constru~~~on shall be
Plans approved by the
Commission or Director
The developer is to submit a complete master landscape and
irrigation plan (4 copies) for the entire development to the
Engineering Department with the required fee for approval,
the landscape plans will" be forwarded to the Parks,
Recreation, and Community Services and the Planning
Department for review and approval. (Note: the issuance of a
building permit, by the Department of Building and Safety of
the City of San Bernardino, does NOT waive these
requirements/conditions.) No grading permits will be issued
prior to approval of landscape plans.
The design shall include, but not be limited to the
following:
Street trees shall be planted on 35 foot center
spacing unless otherwise indicated by the Department
of Parks, Recreation, and Community ,Services. The
Parks Department shall determine the varieties and
locations prior to planting. A minimum of 25% of the
trees shall be 24" box specimens. Trees are to be
inspected by a Park Division representative prior to
planting.
Planters shall be enc~?sed with concrete curbing.
The setbacks from the north ____ , south ____ ,
east ____ , west property line shall be bermed
at a maximum 3: 1 slope and shall be planted wi tha
tall fescue type turfgrass. .
A Landscape buffer zone shall be installed between
facilities and street.
.
.
.
.
.
CITY OF SAN BERNARDINO PLANNING DEPARTMENT
CASE VAR 89':7
CONDITIONS
AGENDA ITEM
HEARING DATE
PAGE
6
11/21/89
7
.
2.
3. X
.
.
The landscape and irrigation plans shall comply with
the "Procedure and Policy for Landscape and
Irrigation" (available from the Parks Department).
Subject to the conditions of the Department of Parks and
Recreation (attached).
Trees, shrubs and groundcover of a type and quality generally
consistent or compatible with that characterizing single-
family homes shall be provided in the front yard and that
portion of th side yards which are visible from the street.
All landscaped areas must be provided with an automatic
irrigation system adequate to insure their viability. The
landscape and irrigation plans shall be approved by the Parks
and Recreation Department.
At all times the business will be operated in a
does not produce obnoxious noise, vibration,
smoke, glare, or other nuisance.
manner which
odor, dust,
A sign program for the multi-tenant commercial/industrial
center shall be approved by the Planning Department prior to
issuance of Certificate of Occupancy.
X
In the event that this approval is legally challenged, the
City will promptly notifY the applicant of any claim or
action and will cooperate fully in the defense of the matter.
Once notified, the applicant agrees to defend, indemnify, and
hold harmless the City, its officers, agents and employees
from any claim, action, or proceeding against the City of San
Bernardino. The applicant further agrees to reimburse the
City of any costs and attorneys' fees which the City may be
required by a court to pay 'as a result of such action, but
such participation shall not relieve applicant of his
obligation under this condition.
'!he oonstruction shall inoorporate measures to reduce the interior
noise level 20 decibels below the outside noise level.
.
.
.
.
.
CITY OF SAN BERNARDINO
CASE VAR 89-7
STANDARD
REQUIREMENTS
AGENDA ITEM
HEARING DATE
PAGE
6
lll.ll/tl~
8
.'T
"
1.
1(
Variance 89-7 shall be in effect for a period of
~ months from the date of approval by the Planning Commission
and/or Planning Department. However, if the final map has not
been filed with the County Recorder's Office at the end of
the 6 month time period, the approval shall expire.
Additional time may be approved by the Planning Commission upon
written request of the applicant if made 30 days prior to
expiration of
the ~ month time period.
Expiration Date: Mav 21. 1990
COVENANTS, CONDITIONS AND RESTRICTIONS FOR P.R.D.
a.
The Covenants, Conditions and Restrictions (CC & R's) shall
be reviewed and approved by the Planning Department prior
to final approval of the tract maps. The CC &' R's shall
include liability insurance and methods of maintaining the
open space, recreation areas, parking areas, private roads,
and exterior of all buildings. The CC & R's shail also
include a statement that no radio frequency antenna shall
be included within the complex except for central antenna
systems.
.
b. No lot or dwelling unit in the development shall be sold
unless a corporation, association, property owner's group,
or similar entity has been formed with the right to assess
all properties individually owned or jointly owned which
have any rights or interest in the use of the common areas
and common facilities in the development, such assessment
power to be sufficient to meet the expenses of such entity,
and with authority to control, and the duty to maintain,
all of said mutually available features of the development.
Such entity shall operate under recorded CC & R's which
shall include compulsory membership of all owners of lots
and/or dwelling units and flexibility of assessments to
meet changing costs of maintenance, repairs, and services.
Recorded CC & R's shall permit enforcement by the City of
provisions required by the City as conditions to approval.
The developer shall submit "evidence of compliance with this
requirement to, and receive approval of, the Commission
prior to making any such sale. This condition shall not
apply to land dedicated to the City for public purposes.
c.
Every owner of a dwelling unit or lot shall own as an
appurtenance to such dwelling unit or lot, either (1) an
undivided interest in the common' areas and facilities, or
(2) a share in the corporation, or voting membership i~ an
.'"
~
I'.' s.y
.
.
.
.
. r CITY OF SAN BERNARDINO
STANDARD REQUIREMENTS
....
CASE V{lJl 89-7
AGENDA ITEM,
HEARING DATE
PAGE
6
11/21/89
9
r
BUILDING AND SAFETY DEPARTMENT
2.
x
3.
x
.
4.
x
5.
x
6.
x
.
....
Submit plans prepared by a Registered
Architect or civil or Structural Engineer.
Submit a complete lateral and structural analysis prepared by a
Registered civil or Structural Engineer or Architect.
Submit State of California Title 24
for residential,
including a signed compliance statement.
Energy Calculation Forms
buildings
Submit calculations and structural
Registered civil Structural Engineer
following items:
drawings, ,prepared
or Architect, for
by a
the
Submit floor plan of
existing materials of
"
existing structure.
construction.
uses
and
Label all
Submit three complete sets of construction plans including:
a.
copy of conditions.
b.
Energy Calculations.
Structural calculation.
c.
Submit a preliminary
liquefaction analysis)
do so.
(soils) (geology) (soils and geology with
report prepared by a person licensed to
Submit a single line drawing of
all equipment, conduit and wire
service ground size and ground~ng
the electrical service.
sizes and types. Show
electrode.
Show
the
Submit panel schedule(s) and electrical plans.
Permit required for demolition of existing building(s) on site.
Submit a
system.
equipment
plan of the heating, ventilating or air conditioning
(Clearly identify the location and rating of the
and the sizes and material of all ducts, registers and'
.J
"" ,.y
.
.
.
.
.
"
CITY OF SAN BERNARDINO
CASE VAR 89-7
AGENDA ITEM 6
HEARING DATE 11/21/89
PAGE 10
STANDARD REQUIREMENTS
"-
.
7.
x
8.
9.
x
x
10.
x
.
~
...,.
the location of all fire dampers). Show means of providing
mechanical ventilation as required by the 1982 Uniform Building
Code.
Submit gas pipe loads, sizing calculations and isometrics.
Provide a plot plan showing the location of the proposed sewer
system.
Submit a letter clearly indicating the intended use of all areas
of the building. List the materials to be used and the projects
produced giving the amount of each kept in the building. If the
building is used for more than one purpose, list all other uses.
Submit isometric plans of the cold and hot water and drain-waste
and vent systems.
Show compliance with Title 24.for the physically handicapped in
the following:
Submit plans approved by the County Health Department.
Indicate methods of compliance for sound attenuation (exterior,
interior party walls, floor/ceiling assembly, ceiling) as per
study, U.B.C., local or State Law.
Show compliance with requirements of high fire areas.
For structures located within high wind areas:
a. Design structure, including roof covering, using 20 p.s.f.
wind load.
City of San Bernardino named as certificate holder for Worker's
compensation Insurance.
Assessor's Parcel Number.
Contractor's City license.
Contractor's State license.
Sewer capacity rights from Water Department, 384-5093, Neil
Thomsen.
School fees from Unified School District, 381-1179.
~
.." "Y
.
.
.
.
.
CITY OF SAN BERNARDINO
CASE VAR 89-7
ST ANDARD REQUIREMENTS ~~i~~NAG 11~~E ll/t/89
PAGE 11
"
~
other:
11.
x
DEPOSIT: $75 PIJ\N CHOCK
.
csj/8-3-88
DOC:PCAGENDA
DOCUMENTS.;!
.
"
~
... s .lIy
.
.
'I. , ~
-~ ~ .~
, ,-oJ
-" H ,~ '
" , :\
) . : ; ~
'tt r J
I I j:\.
) ., .
~\ / '. ' ,
.1, ." .
, . . . I'
\ ,/ .
, I, (
., ,
'j' ...
. ,
I
'l'
. ;
.~ ,t!B
'~ ,\ r::=J !
: ~ :' ,c=J i
~ \ i
..
G
! ~:
1
"
l
I.
I
.\
,
.
~
I
" ,
.
10
~
.
A'I'mCHME11l' 0
y. \l'
~~~-
I.~r:
~ ?
L
-- -
~ ~f .. ~.,.. --
h ,
t
1 , 1
.'
, ,I'
. t t'-
. -
., ;.
I~ " .
~ .
" ;;1 .
,":00' , ;:
,"
.! .
:
,
j
.
.
~
! r I
~f-
· · r ......
.... ("" ,. - a
..1 ........".. -
; !! ,.", .....~---.~
:..... .,........... _ t"...
~ ~"~) Ud005
i~
~
.
i
, ..!
.
(
. .
.
I(
,;
- .
t
__~ i-. '-..,.
--
---
----.-.....
.
\;. I,
S \ t .,
\ I, ......
\: ,..... ~ .: ~
>
t
" \
- ,.--
.f-
'''-1If--' ~
0'
,
, "-r .'..:6
. '..
~'f
.t
,I
, .
~z.
t
.
,
~
..
~
I
..
- -
" ,
I
.
.
.
.
/
.
.
A'l"I'J\CIlMmr E
(
.
------,_........... ------~~
"
CITY OF SAN BERNARDINO PLANNING DEPARTMENTt.! ""E,il; ~
~ ~
LOCATION CASE ,VAR 89-2-.__._..,__ ~~
II HEARINGOATE. )lfiVjl9 :::.-:-:.-- ) l 6 ,
.......-..'..-..:iP.
~HjO I
\
"
· rJ
i
..
i
I
:~~ 6
\ .
.
. N
.
t
'.
lE
- c
I
I
, ~'0fII (III
.-
~
.
z
II
..
!
ST
//
__'-1
.~
~.,.".
n_, ,
IJilTO 1 I ,
I y:' I
,
, f.
L- ~
, ~
I
I r
I
I
,
>.
~
::
"
o.
...o~.y
.J, II
~L':;~ :=
:"UIDAI \
.. CI'T. :'.
. .'.
s . '..
~.J'" .
__J
VleTO_.&
.... IT
IT.
"lllU
DO.
.
.
.
.
.
.
.
EXHIBIT C
Public Hearing Notice
A notice of the appeal hearing was sent to the property
owners within 500 feet of the subject property and the
applicant at least ten days prior to the hearing, as per
Municipal Code Section 19.81.020. A copy of this notice
is attached.
.
.
.
.
r
. OFFICIAL NOTICE OF PUBLIC HEARING
BEFORE THE CITY OF SAN BERNARDINO
MAYOR AND COMMON COUNCIL
.
.
Variance No. 89-7
THIS IS TO INFORM YOU THAT THE FOLLOWING ITEM HAS BEEN submitted TO THE
MAYOR AND COMMON COUNCIL BY THE APPLICl\NT
SUBJECT: Approval of an addition to a legal non-COnfonning WARD .;;:
residential structure per Mmicipal Code Section 1
19.66.030.
PROPERTY 640 South Valley Avenue
LOCATION :
PROPOSAL: To add a 239 square foot den to one of the units in a tri-plex
located at the above property location.
PUBLIC HEARING LOCATION: SAN BERNARDINO CITY HALL
COUNCIL CHAMBERS
300 NORTH "D" STREET
SAN BERNARDINO. CA. 92418
\.
HEARING DATE AND TIME: December 18, 1989, 2:00 p.m.
A DETAILED DESCRIPTION OF THE PROPOSAL IS ON FILE IN THE PLANNING DEPARTMENT AT CITY
HALL. IF YOU WOULD LIKE FURTHER INFORMATION ABOUT THIS PROPOSAL PRIOR TO THE PUBLIC
HEARING, PLEASE CONTACT THE PLANNING DEPARTMENT IN PERSON OR BY PHONING
(714) 384-5057.
THANK YOU.
\.
j., IM4 "v