HomeMy WebLinkAbout47-Planning and Building
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CITY OF SAN BERNARDINO
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- REQUEST FOR COUNCIL ACTION
From: Al Boughey, Director
Su~~: Development Code Amendment
No. 93-01 Amendment to the Single
Room Occupancy (SRO) Ordinance.
Dept: Planning & Building Services
Date: April 23, 1993
Mayor & Common Council meeting of 05/10/S
Synopsis of Previous Council ~ion:
On October 8, 1991, the Mayor and Common Council adopted the existing Single
Room Occupancy (SRO) Facilities Ordinance (MC 809).
Recommended motion: That the hearing be closed, the Negative Declaration be
adopted and Development Code Amendment No. 93-01 be approved based on the
Findings of Fact; that the first reading be waived and that the proposed
Ordinance amending Section 19.06.030(2)(s) of the Development Code be
laid over for adoption.
ature
Contact person:
Al Boughey
Phone:
384-5357
.
Supporting data attached: Yes
Ward:
Citywide
FUNDING REQUIREMENTS:
Amount: N / A
Source: (Acct. No.) N / A
(Acct. DescriDtionl N / A
Finance:
Council Notes:
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CITY OP SAR BERNARDINO - REQUEST POR COUNCIL ACTION
STAFF REPORT
SUBJECT: DEVELOPMENT CODE AMENDMENT NO. 93-01
PROPOSAL: Amendment to the Development Code, Chapter 19.04, section
19.06.030(2)(S) with respect to Single Room (SRO) Facilities to
delete the reference to bars from the 250 foot distance
requirement; to modify the kitchen appliance requirement; and to
reorganize the existing SRO Ordinance by making the reference to
the prohibition of the conversion of motels, hotels, or apartments
to-SRO Facilities a separate subsection.
KEY POINTS:
Development Code section 19.06.030(2)(S) sets forth the
provisions under which SRO Facilities are permitted in
the City. Subsection 1 stipulates that "SROs shall not
be located within 250' of a parcel which has a school for
children, adult bookstore or theatre, bar or liquor
store.. ." It was anticipated originally that if SROs
were located near these uses, there could be problems
with the residents of the SRO.
Subsection 11 of the SRO Ordinance states that kitchens
in SRO units "shall include a range stove, sink with
garbage disposal and refrigerator." The proposed
amendment will broaden this provision by adding
microwaves to the list of allowable appliances in SRO
kitchens.
The last portion of the proposed amendment would make the
prohibition on the conversion of motels, hotels, and
apartments to SROs in Subsection 1 a separate subsection
at the end of the Ordinance. This is just reorganizing
the ordinance and does not change its intent.
On February 4, 1993 the Development Review Committee
moved that the Planning Commission recommend to the Mayor
and Common Council the approval of the proposed amendment
but, at the suggestion of the Police Department, to
delete only the reference to "bar" from Subsection 1 and
to leave in "liquor store". The applicant had requested
deletion of both, but did not object to this change.
The proposed amendment would make the SRO Ordinance
locational criteria equitable with other provisions of
the Development Code which do not specify a distance
requirement between residential uses and businesses such
as bars.
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Planning staff believes that the strictly controlled and
monitored ingress and egress requirements for SRO
Facilities, the required management plan and security
provisions as stipulated by the SRO Ordinance will
provide the means to control any potential conflicts with
establishment selling alcoholic beverages for on-site
consumption.
The proposed amendment was originally proposed to be
exempt from CEQA because of the general rule in the CEQA
guidelines that CEQA applies only to projects which have
the potential for causing a significant effect on the
environment. However, based on comments raised by the
City Attorney at the public hearing before the Planning
Commission, an Initial Study was completed for the
proposed amendment.
The Initial study in its analysis points out that the
potential impacts on the environment are non-existent.
In addition, the Development Code permits SROs in the CR-
2 and CG-2 designations only with no more than 500
occupants total citywide. This amendment does not change
that.
The applicant also has filed for a conditional use permit
to construct a 271 room SRO Facility on the northwest
corner of 5th and "E" streets and is presently awaiting
a public hearing before the Planning Commission pending
the outcome of this issue. The project site is located
across the street from a bar which is within 250' of the
proposed SRO.
Please see the analysis and attachments contained in Exhibit "A",
Staff Report to the Planning commission and Exhibit liB", the
Initial study.
ENVIRONMENTAL DETERMINATION:
The Initial study for this Development Code Amendment was reviewed
by the City's Environmental RevIew Committee (ERC) on March 25,
1993 at which time the Committee recommended the proposed Negative
Declaration for public review. The public review period for the
Initial study and the proposed Negative Declaration began on April
1, 1993 and ended on April 21, 1993. No comments on the proposed
Negative Declaration were received. On April 22, 1993, the
Environmental Review Committee recommended that the Mayor and
Common Council adopt the Negative Declaration.
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PLANNING COMMISSION RECOMMENDATION:
At the conclusion of its public hearing on March 3, 1993, the
Planning Commission indicated its intention to deny proposed
Development Code Amendment No. 93-01 and instructed staff to return
with findings to support the denial. On March 16, 1993 the
Planning commission voted to deny the proposed Development Code
amendment based on the finding in Attachment nCn of Exhibit nAn.
Most of the testimony before the Commission dealt with the
applicant's conditional use permit request for the 271 room SRO
Facility at 5th and nEn and the appropriateness of SRO development
in the City; however, the Planning Commission concluded that the
proposed amendment, by eliminating bars from the 250 foot
locational criteria, would create potentially adverse conditions
MAYOR AND COMMON COUNCIL OPTIONS:
1. Approve Development Code Amendment No. 93-01 and adopt
both the Negative Declaration and the Ordinance, as shown
on Exhibit "cn, amending the Development Code by deleting
the reference to bar from the 250' distance requirement;
by modifying the kitchen appliance requirements; and by
reorganizing the SRO Ordinance making the reference to
the prohibition of the conversion of motels, hotels or
apartments to SRO Facilities a separate subsection.
2 Deny Development Code Amendment No. 93-01.
STAFF RECOMMENDATION:
Staff recommends that the Mayor and Common Council approve
Development Code Amendment No. 93-01 based on the Findings of Fact
(Attachment "An of Exhibit "An), adopt the Negative Declaration and
adopt the Ordinance (Exhibit "cn) amending the SRO Ordinance in the
Development Code as specified above.
Prepared by: John Lampe, Assistant Planner
For: Al Boughey, Director of Planning and Building Services
Exhibits: "A" = Planning Commission Staff Report with
Attachment nA" Findings of Fact for Approval
Attachment "B" Proposed Rewording of
Section 19.06.030(2)(S)
Attachment "cn Findings of Fact for Denial
nB" = Initial Study for DCA 93-01
ncn = Ordinance
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EXHIBIT "A"
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CITY 01' 8U .BaDRDIIIO - IIBJIORUDUIl
TO:
Planning Commission
From: Al 8oughey, Director
Planning and Building
Services
Subject: Development Code Amendment
No. 93-01
Date: January 28, 1993
Agenda Item: 4
Date: February 16, 1993
REOUEST:
The request is for an amendment to the Development Code, Chapter
19.06, Section 19.06.030(2)(S) with respect to Single Room
Occupancy (SRO) Facilities to delete the reference to bar and
liquor store from the 250 foot distance requirement; and to modify
the kitchen appliances requirement. This amendment will be
citywide.
The staff felt that it would also be appropriate at this time to
make a slight reorganization of the SRO ordinance by making the
reference to the prohibition of the conversion of motels, hotels or
apartments to SRO facilities in Subsection 1 a separate Subsection
at the end of the SRO Ordinance.
CALIFORNIA ENVIRONMENTAL OUALITY ACT (CEOAI STATUS:
Pursuant to Section 15061(b-3) of the CEQA quidelines, the proposal
to delete the reference to bar and liquor store from the 250 foot
distance requtr...nt; to modify the kitchen appliances requirement;
and to reorganize the SRO ordinance are exempt from CEQA as they
are covered by the general rule that CEQA applies only to projects
which have the potential for causing a significant effect on the
environment.
BACKGROUND:
Section 19.02.050 of the Development Code defines Single Room
Occupancy (SRO) Facilities as "a cluster of seven (7) or more units
within a newly constructed residential hotel of weekly or longer
tenancy providing Sleeping or living facilities for 1 or 2 persons
per unit, in which sanitary facilities maybe provided within the
sleeping units, and cooking facilities may be shared within the
hotel."
Development Code Section 19.06.030(2) (S) sets forth the provisions
under which SRO Facilities are permitted in the City. Subsection
1 stipulates that "SRO's shall not be located within 250' of a
parcel which has a school for children, adult bookstore or theatre,
bar or liquor store..."
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Development Code Amendment No. 93-01
Planninq commission Meetinq
February 16, 1993
paqe 2
The applicant also has filed Conditional Use Permit No. 92-30 to
construct a 271 room SRO Facility on the northwest corner of the
intersection of 5th street and "E" Street. This request is
presently under staff review and will be heard by the Planning
cOlllllission at a later time. The project site is located across the
street from a bar called the "Gold Room" which is within 250 feet
of the proposed site of the SRO. Unless the SRO Ordinance is
modified, the proposed project can not qo forward.
Subsection 11 of the SRO Ordinance states that kitchens in SRO
units "shall include a ranqe stove, sink with qarbaqe disposal and
refriqerator." The applicant is proposinq to broaden this
provision by addinq microwaves to the list of allowable appliances
in SRO kitchens.
In addition, Subsection 17 of the SRO Ordinance requires that the
SRO inqress and eqress "be strictly limited and monitored by the
use of a front desk area which has a full view of the entry/lobby
area. . . " Subsection 24 requires a "l\Ianaqement plan" and Subsectiol1
25 requires detailed security provisions for SRO's.
DEVELOPMENT REV:rEW COMMITTEE:
On January 28, 1993 and February 4, 1993 the Development Review
Committee reviewed the proposed amendments to the SRO Ordinance.
The Police Department objected to deletinq liquor stores from the
list of uses in Subsection 1 of which SRO's shall not be located
within 250 feet. On February 4, 1993 the Development Review
cOlllllittee moved that the Planninq cOlllllission recolllllend the approval
the proposed amendments but to delete only the words "bar or" from
Subsection 1 and to leave in "liquor store." The applicant did not
object to this modification.
ANALYSIS:
GENERAL PLAN CONSISTENCY
The proposed Development Code Amendment is consistent with the
General Plan in that it will encouraqe the diversity of reqional-
servinq uses in the downtown area by makinq it easier for SRO
Facilities to meet locational criteria and by makinq them more
attractive to prospective tenants by increasinq the variety of
available kitchen appliances (General Plan Policy 1.16.10).
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Development Code Amendment No. 93-01
Planning commission Meeting
February 16, 1993
Page 3
PROPOSED CODE AMENDMENT
Section 19.06.030(2) (S)--the SRO Ordinance--was added to the
Development Code by Ordinance MC 809 adopted October 8, 1991 by the
Mayor and COlllDlon Council. Subsection 1 of the Ordinance stipulated
that "SRO's .hall not be located within 250 feet of a parcel which
has a school for children, adult bookstore or theatre, bar or
liquor store..." It was thought that if SRO'S were located near
the~e uses, there could be problems with the residents of the SRO.
Another .ection of the Development Code, Section 19.06.030(2)(8),
which regulates businesses requiring ABC licenses, does not specify
a minillUID distance between on-site ABC licensed facilities and
residential uses and only 100 feet between an off-site ABC licensed
site and property designated for residential uses. SRO Facilities
are classified as "residential hotels" under the Development Code.
The proposed amendment would make. the SRO Ordinance locational
criteria lIore equitable by making it similar to this portion of the
Development Code which regulates businesses needing ABC licenses..
In addition, staff believes that the strictly controlled and
monitored ingress and egress requirements: the required manag_ent
plan: and the security provisions of the SRO Ordinance will provide
the lleans to control any potential conflicts with establishments
selling alcoholic beverages. However, reflecting the concerns of
the Police Department, staff concurs in not deleting "liquor store"
from Subsection 1.
Adding microwaves to Subsection 11 of the SRO Ordinance ~ill
increase the variety of allowable cooking appliances. Presently, the
list of cooking appliances includes only "range stove."
This addition is consistent with the State Housing Code which
states that efficiency units shall be provided with a cooking
appliance but does not specify type.
AMENDMENT :
The amendment proposes to delete the reference to a "bar" from the
250 foot distance requirement: to modify the kitchen appliances
requirement by adding "microwave": and to reorganize the provisions
of the SRO ordinance (See Attachment "8").
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Development Code Amendment No. 93-01
Planning Commission Meeting
February 16, 1993
Page 4
CONCLUSION:
The proposed amendment to Section 19.06.030(2) (S) to delete a "bar"
frOll the locational criteria will make the SRO Ordinance more
equitable with the other provisions in the city's Development Code
which regulate the location of sites selling alcoholic beverages
and the distances to residential uses. The ingress and egress,
manag_ent and security provisions in the SRO Ordinance will insure
that there will be no difficulties resulting in deleting the
reference to a "bar". The provision for allowing microwaves will
make SRO's more attractive to prospective tenants. The proposed
amendment will encourage SRO's to locate in the downtown area and
thereby further General Plan policies to diversify the range of
uses in the downtown area. The reorganization of the SRO Ordinance
is purely technical in nature to make the Ordinance easier to use.
Rl:COMMRHDATION:
Staff proposes that the Planning <;:ommission recommend that the
Mayor and Common Council approve Development Code Amendment No.
93-01 as per Attachment "B" subject to the attached Findings of
Fact (Attachment "A").
Submitted,
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Attachment "A" - Findings of Fact
Attachment "B" - Proposed Rewording for Section 19.06.030(2)(S)
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Development Code AmenciJDent No. 93-01
Planning commission Meeting
February 16, 1993
Page 5
ATTACHMENT -A-
FnmINGS OF FACT
1. '!'he proposed amenciJDent is consistent with the General Plan in
that the amendment further impl_nts the Goals and Objectives
of the General Plan.
2. '!'he proposed amendaent would not be detrimental to the public
interest, health, safety, convenience, or welfare of the city,
in that the amendment will lIIlke the locational criteria
between SRO's and sit_ selling alcohol more equitable by
malting it similar to other such provisions in the Development
Code and shall be additionally regulated by the controlled
access, security provisions, and requirement for a management
plan of the SRO Ordinance and will make for an increase in the
variety of kitchen appliances f.or future tenants.
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Development Code Amendment No. 93-01
Planninq COIIIIIission Meetinq
February 16, 1993
paqe 6
ATTACHMENT ns"
PROPOSED ~EWORD:rN'G POR DEVELOPMENT
19.06.030(2\ (SlfSub.eetions 1.11 and 29\:
CODE
SECTION
S. SINGLE ROOM OCCUPANCY (SRa) FACrLI'l'rES (MC809 10-8-91)
Sinqle Room Occupancy (SRO) facilities are subject to
COnditional Use Permit review and approval and shall conform
to the followinq standards:
1. SRO's shall not be located within 250 feet of a parcel
which has a school for children, adult bookstore or
theatre, 8.~ a~ ~ liquor store; aR4 8KL.,iR, Be~el.,
he..l., er .,a_h-~8 shall fte_ ~a .~i~.. ~e eeft~a~
~8 sns... .
11. A full cOlllllon kitchen facility sball be provided on each
floor, if complete kitchens are not provided in each
unit. Complete kitchen shall include a microwave or ranqe
stove, sink with qarbaqe disposal, and refriqerator.
other cookinq appliances or facilities shall be
prohibited in each SRO unit, unless approved in writinq
by the manaq_ent staff.
n... Exis1:ina mot.I.. hot.Is. or Boa"""'ft+-g shall not: be
D8rmi tt:.ed to convert to SRO's..
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Development Code Amendment No. 93-01
Planninq Commission Meetinq
March 16, 1993
ATTACHMENT "c"
FINDINGS OF FACT
1. The proposed amendment would be detrimental to the public
interest, health, safety, convenience, and welfare of the
city, in that the proposed amendment will eliminate bars from
the 250 foot locational criteria and thereby create
potentially adverse conditions of loiterinq and crime arisinq
between businesses selli09 or servinq alcohol and the future
residents of Sinqle Room Occupancy Facilities.
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IT "B"
)~~-.11".:,,(:~,;;'C';:;';_"I_"~
E
CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES DEPARTI
INITIAL STUDY
~'f~"""'---~
i<l',~~:f:X!;;::=-
nlNB"nVlf1Oft conK ...onnmMlnl'l! 110. 93-cn.
pro;ect nescrintion; The request is for an amendment 1
Development Code, Chapter 19.06, section 19.06.030(2) (S
respect to Single Room OCcupancy (SRO) Facilities t:o delE
reference to bar from the 250 foot distance requb:c'lllent:
modify the kitchen appliances requirement to allo\'ll\iicrowave
reference to deleting -liquor store" has not been included
not considered as part of the project description.
1>ro;ect Location; This amendment will be citywide: however,
Room Occupancy Facilities are permitted onlY in thE
commercial General-Baseline/Mt. Vernon, and the CR-2, COI
Regional-Downtown, land use zoning districts with an i
conditional use permit. The CG-2 land use district cone
those properties and parcels on both sides of Baseline fr'
Creek on the west to the boundary of the city of Highlan.
east. The CG-2 also consists generally of those parcels
sides of "E" street froll Baseline on the south to 18th S
the north and also of those parcels on both sides of Mour.
from 9th street on the south to the 1-215 Freeway on tb
The CR-2 consists of those parcels in the downtown area
along 5th street from the 1-215 Freeway to Mountain Aven\
nate: March 15, 1993
Aoolicant'S N~me and JUidresS:
Larcon Development Inc.
330 North -0- street, suite 110
San Bernardino, CA. 92401
].nitial studY PreoarRd BV:
John W. Laape
Associate Planner
city of SaD Benardino
PlaDDiJlC) aDd BUildinCJ service. Departa.-t
300 Horth 111)11 stree~
SaD Benardino, califonia 92418
.......r:JlISolIIlI____~
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Initial study for Development Code Amendment No. 93-01
March 15, 1993
1. 0 XIITRODUC'rXOJl
This report is provided by the City of San Bernardino as
an Initial study for Development Code Amendment No. 93-
01. Section 2.0 provides a description of the project
and site characteristics.
As stated in Section 15063 of the California
Environmental Quality Act guidelines, the purposes of an
Initial Study are to:
1. Provide the Lead Aqency with information to use as
the basis for decidinq whether to prepare an
Environmental Impact Report (EIR) or a Neqative
Declaration:
2. Enable an applicant or Lead Aqency to modify a
project, mitiqatinq adverse impact before an Em is
prepared, thereby enablinq the project to qualify
for Neqative Declaration:
3. Assist the preparation of an EIR, if one is
required, by:
(A) Focusinq the EIR on the effects determined to
be siqnificant,
(B) Identify the effects determined not. to be
siqnificant, and,
(C) Explaininq the reasons for determininq that
potentially siqnificant effects would not be
siqnificant:
4. Facilitate environmental assessment early in the
desiqn of a project:
5.
Provide documentation of the factual basis
findinq in a Neqative Declaration that a
will not have a siqnificant effect
environment:
for the
project
on the
6. Eliminate unnecessary EIRs:
7. Determine whether a previously prepared EIR could
be used with the project.
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Initial study for Development Code Amendment No. 93-01
March 15, 1993
2.0 PROJBCT DBSClUPT:IOII UD BACmlIOmJD
2.1 proj.c~ D.scrip~ioD and Loc.~ioD
The request is for an amendment to the Development Code,
Chapter ~9.06, Section 19.06.030(2)(S). with respect to
Sinqle Room Occupancy (SRO) Facilities to delete the
reference to bar from the 250 foot distance requirement;
and to modify the kitchen appliances requirement to allow
microwaves. The reference to deletinq "liquor store" has
not been included and is not considered as part of the
project description.
This amendment will be citywide; however, Sinqle Room
Occupancy Facilities are permitted only in the CG-2,
Commercial General-Baseline/Mt. Vernon, and the CR-2,
Commercial Reqiona1-Downtown, land use zoninq districts
with an approved conditional use permit. The CG-2 land
use district consists of those properties and parcels on
both sides of Baseline from Lytle Creek on the west to
the boundary of the City of Hiqhland on the east. The
CG-2 also consists qenerally of those parcels on both
sides of "E" street from Baseline on the south to 18th
Street on the north and also of those parcels on both
sides of Mount Vernon from 9th Street on the south to the
I-215 Freeway on the north. The CR-2 consists of those
parcels in the downtown area centered alonq 5th Street
from the I-215 Freeway to Mountain Ave~ue.
This proposed amendment will potentially allow SRO
Facilities to occupy sites in the CG-2 and CR-2 land use
zoninq district which can not be utilized under the
existinq SRO Ordinance because of the locational
criteria. Whether the reference to "bars" in the
distance requirement is deleted or not, SRO projects can
only proceed under an approved conditional use permit
from the City Planninq commission.
MOdifyinq the kitchen appliance requirement to allow
microwaves inSRO Facilities will not have a siqnificant
adverse impact on the environment; it is considered to be
"Cateqorically Exempt, Class 1" under CEQA Guidelines.
As such, reference to microwaves will not be discussed in
the potential environmental impact section. Secondly,
the minor reorqanization of the SRO Ordinance proposed by
the amendment is an administrative matter and has not
been included in this Initial Study review. Lastly,
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Initial study for Development Code Amendment No. 93-01
March 15, 1993
under Section 15131 of the CEQA Guidelines "economic or
social effects of a project shall not be treated as
significant effects on the environment.". Therefore this
Initial study shall consider only the potential adverse
effects on the physical environment.
2.2 sit. CharacteristiC8
Those properties in the CG-2 and CR-2 land use zoning
districts where SRO Facilities could potentially be
located because of this amendment are situated in the
urban portions of the city. These sites are located in
areas where there is no marked relief, sites are level
and there are no natural features. These areas are
served by various City public services and facilities.
Properties on Baseline and Mt. Vernon are developed to
commercial uses with vacant parcels and scattered
residential. Properties on. "E" Street are developed
mainly to commercial uses. Development in the CR-2
downtown areas consists mainly of a mixture of office and
general co_ercial, institutional and governmental uses.
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CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES DEPARTMENT
ENVIRONMENTAL IMPACT CHECKLIST
2."1ti!'1i~ .7
'.;l,~~if':X;Vf'.ffiIi3~,
A. BACKGROUND
ApplicationNumber: Development Code Amendment No. 93-0 I
P~j8dDe~ion: Amendment to the Development Code with respect to
Single Room Occupancy (SRO) Facilities to delete the reference
to bar from the 250 foot distance requirement and to modifv
the kitchen appliances requirement to allow microwaves.
Uxmion: Citywide -- But restricted to those parcels in the
CG-2 and CR-2 where SRO Facilities are allowed with a
conditional use permit.
Envi~nmentalConstraintsAreas: Wind Erosion. Liquefaction Susceptibility,
High Noise and Urban Archaelogical concerns.
General Plan Designation: Commerc ial General - Baseline/Mt. Vernon
and Commercial Re~ional - Downtown
Zoning Designation:
CG-2 and CR-2
B. ENVIRONMENTAL IMPACTS Explain answers, where appropriate, on a separlIIe aIlached sheet.
1. Earth ReeoUl'Ca Will the praposaI resu~ in: Yes No Maybe
a. Earth movement (cut ancllor fiD) 0110,000 cubic
yards or more? X
b. Development and/or grading an a slope greater
than 15% natural grade? X
c. Development within the Alquist-Priolo Special
Studies Zone as defined in Section 12.0 - Geologic X
& Seismic, Rgure 47, 01 the City's General Plan?
d. Modnication 01 any unique geologic or physical
flllllure? X
e. Development within areas defined for high potential for
water or wind e~sion as identified in Section 12.0.
Geologic & Seismic, FllIure 53, 01 the City's General X
Plan?
f. Modnication 01 a channel, creek or river? X
~ f'ME lIJF_ p'.''itJl
cmrat-s.vt"""""
---
"
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g. Development within an 8188 subject to landslides,
mudslides, liquelection or olher simIar h8zards as
identified in Section 12.0 - ~ & Seismic,
Figures 48, 52 and 53 ol1he Cily's General Plan?
h. Other? N t A
2. Air Ruources: Willllle proposal result in:
L Substanti81 air emissions or an eIlec:t upon ambient
air queJity es defined by AQMO?
b, The creation of objectionable odorS?
c. Development within a high wind hazard _ es identified
in Section 15.0 - Wmd & Fire, Agure 59, olllle City's
G-..J Plan?
3. W8lar R_urces: WiII1he plllpllSllll8SUll in:
L Changas in absorption rates, do..l8yoo paIIams, or 1he
raI8 and amount olllUlfaca RnIII due III
impermeable surfaoes?
b. Changas in IIle course or ftow ollfood _?
c. Discharge into surface waIlIrs or any If dIiuol
of surface water quBlity?
d. Change in 1he quantity of quaIiIy 01 gnuld water?
e. Exposure of people or ~ III load h8zards as
identified in 1he FaderaJ EmeIgeolCt ....~
Agency's Flood Insuranoe RIde IoIap, CcImInmity Panel
Number 0lI02ll1 00 1 0 - A,... SecIian 18.0 _
Rooding, Figure 82, of 1he Cily's Gen.aI Plan? *
f. Other? 1>1 I A
4. BIoIogIcllI Ruources: CoukI1he ............ resutt in:
L Development within 1he Biok'Q' ... ~
~ Overlay, es ....... _. in SecIian 10.0
- NlIlUnII Resources, FIlIUI841,ol"CiIy's
General Plan?
b. Change in 1he number 01 any 1IIIique, ,.. or
end8ngered spec:ies of plants or....1lIIIIiIat including
stands of_?
c. Change in 1he number 01 any Iftque. ,.. or
endangered species 01 animlIIs or.... hebilat?
d. Removal of viable, malUnt 1rMs? (8" or ~
e. Other? Nt A
5. No"': Could 1he proposal resuII in:
L Development 01 housing, helIIh __.... - ,schools,
IIbraJies, l81igious faciIIlies or olher.........-M .-
in 8I88S where existing or fufunt 1lIliIe.... 8XOIIlId an
Ldn 0185 d8(A~ and an Ldn 0145 clBCAI interior
es identified in . 14.0 - Haile, Agans sr and
58 olllle City's G-..J Plan?
lo..
~.:,...-=== *Also Community Panel NOS..
-
Yes
No
x
X
X
X
X
X
x
X
x
'1 vuLua ana
^Ln.,61 I"tn.,e...
PiA.....OG PME2OF_ (11..;0)
Maybe
x
X
X
x
x
14. ....nd8lDry Flndlnp ofSlgnlflcancll (8ection 15065)
The Califomia E~ Quality Ad. Slates that ff any of the following can be answered yes or
maybe. the project may '- a signfficant effect on the environment and an Environmental Impact
Report shall be prepared.
Yes
No
L Does the project have IIa potential to degrade the
quality 01 the environlll8lf, subst8ntial1y reduce the
habitat 01 a fish or wid... species. cause a fish or
wildlife population to dlllp below se~ sustaining levels.
threaten to eliminate a.. or animal community.
reducella number or ~ the range 01 a rare or
endangered plant or IIIIinIII or etiminate important
examples 0I1Ia major...... 01 Califomia history
or pt'8hislDry?
b. Does IIa project have IIa potenlielto achieve short-
tarm. III IIa d~ oIlong....rm. environmental
goals? (A sholt-term -....s on IIa environment is one
which oc:curs in a rwIaIMIIJ brief, definitive period
oIliIn. whlIe long-term ~ will endure _n into
1he future.)
x
x
c. Does the project have ~ which ant individually
Umlted, but CIIIlIlIImMIy -.iderabIe? (A project may
impecl on two or 11lOIII...... ntSlllllCU where the
impecl on each __ is relatively .mal~ but where
1he eIf8CI 0I1he loIIII oil-. impacts on the
environment is .oiy.,1ical1t)
d. Does the project have "~JIlental eff8CIs which wiD
cause suIlst8ntW 81M1w.-.eta on human baings.
either chc:IIy or ildi~
x
x
C. DISCUSSION OF ENVIIIOI--n'AL EVAWAnON AND MlTlGAllON "4EASURES
(Attach shHts as ~,.,.)
(See attached)
Maybe
}
Cln'~_.........,
---
~~'"'....-
Pt..N.t.flm. PI;(iF"5.(]f:
il:""
In.."'"
'.
o
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Initial study for Development Code Amendment No. 93-01
March 15, 1993
3.b.
No natural streams or rivers cross the areas where SRa
Facilities are allowed. Therefore any potential site
that may be utilized for an SRO because of this amendment
will not result in chanqes in the course or flow of flood
waters.
3.c. and d.
As all future SRO development in the City includinq any
that may potentially utilize a particular site because of
this aJIeJ1dment will be required by the Public Works
Department's standard Requirements to convey site
drainaqe and runoff to approved public drainage
facilities, no adverse impacts to surface water or ground
water quality will result from this amendment.
3...
3.2.4.
None of the areas in the CG-2 and CR-2 where SRO's could
be developed. are subject to flood hazards with the
exception of the extreme east end of Baseline Avenue
where a 500 year flood plain exists. Any sites within
the flood area which potentially could be utilized for a
SRO Facility because of this amendment would have to
comply with the requirements of the San Bernardino County
Flood Control District to mitiqate any adverse flooding
impacts to insignificant levels.
Biological ".ource.
4.a. throuqll c.
None of the future SRO Ai!:".. in the CG-2 and CR-2 in the
City are within the Bioloqical Resources Manaqement
OVerlay as identified in Section 10. a-Natural Resources,
Figure 41 of the City'S General Plan. Therefore the
utilization of any potential site as an SRO Facility
because of this amendment will not have an adverse impact
on any rare or endanqered animal or plant species.
-
-
'.
o
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Initial Study for Development Code Amendment No. 93-01
March 15, 1993
4.4.
Before any potential site which has mature trees that
would be removed may be utilized as an SRO Facility
because of this amendment, an Arborist Report will be
required to discuss the health and condition of the trees
and how they may be saved or replaced. The
recommendations of the report would be incorporated into
the conditions of approval of the SRO project to mitiqate
any adverse impact on existinq trees.
3.2.5
Boi..
5...
Some of the areas in the CG-2 and CR-2 land use zoninq
districts experience or will ~rience noise levels in
excess of 65 dB(A) as identified in section 14.0 - Noise,
Fiqures 57 and 58 of the City's General Plan. Before any
site which is subject to hiqh noise levels may
potentially be utilized as a SRO Facility because of this
amendment, an acoustical study will be required to
analyze how noise levels can be reduced to acceptable
levels. The recommendations of the acoustical study will
be incorporated into the conditions of approval of the
SRO Facility to mitiqate noise impacts to acceptable
levels.
5.b.
As a residential use, any SRO Facility that potentially
utilizes a site because of this amendment will not
qenerate noise levels on areas containinq housinq,
schools, health care facilities or other sensitive uses
above an Lcin of 65 dB(A) exterior or an Ldn of 45 dB(A)
interior.
3.2.'
LaD4 Os.
'.a. throug'h o.
No chanqes in the land use designations shown on the
General Plan are proposed by this code amendment. None
of the potential SRO sites in the CG-2 or CR-2 land use
zoninq districts are in an Airport District as identified
in the Air Installation Compatible Use Zone (AICUZ)
Report and the Land Use zoninq District Map. Also, none
of these areas are within Foothill Fire Zones A & B or C
as identified on the Land Use Zoninq District Rap.
"
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Initial study for Development Code Amendment No. 93-01
March 15, 1993
3.2.7
lIaD-made Razar48
7.a through c.
Because SRO's are classified as residential hotels, any
hazardous materials used, stored or disposed will be
those materials normally associated with a residential
use. In addition any hazardous materials over 55
gallons, 500 lb.'s or 200 cubic feet of gas must be under
permit by the Department of Environmental Health services
of the County of San Bernardino. Any site that may be
potentially be utilized as an SRO Facility because of
this amendment will not result in man-made hazards.
3.2.8
Jlousiaq
8.a.
Some of the sites that potentially could be used as an
SRO Facility because of this amendment may involve the
r_oval of existing housing. However, any housing lost
because of this code amendment will be replaced by the
new housing of the SRO Facility. Also, no d_and for
additional housing will be created by this code
amendment.
3.2..'
'1'rlUlsportatioa
, . a. tbrough 1l..
The number of SRO occupants and units within the City is
limited by the SRO Ordinance to a level that will not
have an adverse impact on the City'S Transportation
Facilities. Because of the limited number of allowable
units, any individual SRO project that may potentially
utilize a site because of this amendment will not have an
adverse impact on the City'S transportation facilities.
..
o
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Initial Study for Development Code Amendment No. 93-01
March 15, 1993
3.2.10
Public servic..
10.a. ~hrouqh f.
3.2.11
The number of SRO occupants and units in the city is
limited by the SRO Ordinance to a level that will not
have an adverse impact on the City's Public Services. In
addition as all of the units will be single occupancy,
(i.e., no families) little or no impacts on City school
systems are anticipated. The security measures and
management plan required for SRO proj ects wi 11 insure
that any SRO Facility that potentially utilizes a site
because of this amendment will have no adverse impact on
the city's police department.
O~i1iti..
11... ~hrouqh c.
The number of SRO occupants and units in the City is
limited by the SRO Ordinance to a level that will not
have an adverse impact on the City's utilities. The
option of using microwave appliances for cooking will
have a beneficial impact on electrical utilities as
microwave cooking is more efficient with less energy
demands.
3.2.12
A..th.~iC8
12...
As future SRO sites in the CG-2 and CR-2 are located
towards the center of the City at lower elevations, there
will be a limited possibility of the obstruction of
scenic views. In addition, any site that may potentially
utilize a particular site because of this amendment will
be required to be reviewed through the conditional use
permit process to insure that scenic views will not be
adversely impacted.
-
.
.
o
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Initial study for Development Code Amendment No. 93-01
March 15, 1993
12.b.
3.2.13
Visual impacts to surrounding areas resulting from any
SRO that may potentially utilize a particular site
because of this amendment will be mitigated by various
measures. These measure include: all SRO' s are subject
to the Commercial Development Design Standards; all SRO
projects located in the CR-2 District would be regulated
by the Design Standards of the Main Street OVerlay
District; and those adjacent to the I-215 Freeway would
be subject to the Design standards of the Freeway
Corridor OVerlay.
CUl~ural Resouro..
13.a.
Large portions of the CG-2 and CR-2 land use zoning
district are located in the Urban Archaeolo~ical
District--an archaeological sensitive area as identified
in Section 3.0-Historical, Figure 8, of the city's
General Plan. Any site in this area which potentially
could be utilized as an SRO Facility because of this
amendment will be required to prepare appropriate
archaeological reports and studies or to have a qualified
archaeologist on site during the construction phase.
13.b.
3.2.14
Some of the sites that potentially would be used as an
SRO Facility because of this amendment may involve the
alteration or destruction of a historical site, structure
or object as listed in the City's Historic Resources
Reconnaissance Survey. In such cases the mitigation
measures of the city's Historic Preservation Ordinance
will apply.
MAKDATORY PINDINGS OP SIGNIPICANCB (Sec~ioD 15065)
The proposed project will amend the Development Code,
Chapter 19.06, Section 19.06.030(2)(S) with respect to
Single Room Occupancy (SRO) Facilities to delete the
reference to bar from the 250 foot distance requirement
and to modify the kitchen appliances requirement to allow
microwaves. The response to the checklist questions
indicate that the project will not result in any
significant impacts. No cumulative impacts resulting
from the proposal have been identified.
o
o
1
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER
19.06, SECTION NO. 19.06.030(2)(S)(1) AND (11) AND ADDING SECTION
3 NO. 19.06.030(2) (S) (29) OF THE SAN BERNARDINO MUNICIPAL
(DEVELOPMENT) CODE PERTAINING TO SINGLE ROOM OCCUPANCY (SRO)
4 FACILITIES.
5
6
7
2
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO
ORDAIN AS FOLLOWS:
SECTION 1.
Section No. 19.06.030(2) (S) (1) and (11), SINGLE
ROOM OCCUPANCY (SRO) FACILITIES, is amended to read as follows [See
8
Attachment A-1, Pages II-117B and II-117C of the Development Code,
9
10
11
12
13
attached hereto and incorporated herein by reference]:
"s.
SINGLE ROOM OCCUPANCY (SRO) FACILITIES
Single
facilities
Room
Occupancy
(SRO)
subject
to
are
Conditional Use Permit review and approval and shall conform
to the following standards:
14
1.
SRO's shall not be located within 250 feet of a parcel
15
16
17
18
19
20
21
22
23
24
25 OCCUPANCY (SRO) FACILITIES, is added to read as follows [See
which has a school for children,
adul t bookstore or
theater, or liquor store.
11.
A full common kitchen facility shall be provided on each
floor if complete kitchens are not provided in each unit.
Complete kitchen
shall include a microwave or range
stove,
sink with garbage disposal, and refrigerator.
Other
cooking
or
appliances
facilities
shall
be
prohibited in each SRO unit unless approved in writing by
the management staff.
SECTION 2.
Section No. 19.06.030(2) (S)(29), SINGLE ROOM
26 IIII
27 IIII
28
1
o
o
1 Attachment A-2, Page II-117G of the Development Code, attached
2 hereto and incorporated herein by reference]:
"29. Existing motels, hotels or apartments shall not be permitted
to convert to SRO's."
3
4
5 IIII
6 IIII
7 II I I
8 IIII
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2
-
o
o
1 ORDINANCE... AMENDING CHAPTER 19.06, SECTION NO. 19.06.030(2) (S) (1)
AND (11) AND ADDING SECTION NO. 19.06.030(2) (S) (29)OF THE SAN
2 BERNARDINO MUNICIPAL (DEVELOPMENT) CODE PERTAINING TO SINGLE ROOM
OCCUPANCY (SRO) FACILITIES.
3
4
adopted by the Mayor and Common Council of the City of San
5
6
I HEREBY CERTIFY
that the foregoing ordinance was duly
Bernardino at a
meeting thereof, held on the
day of
, 1993, by the following vote, to wit:
7
Council Members:
8
~
~
ABSTAIN ABSENT
ESTRADA
9 REILLY
10
11
12
13
HERNANDEZ
MAUDSLEY
MINOR
POPE-LUDLAM
14 MILLER
15
16
17
18 of
19
20
City Clerk
The foregoing ordinance is hereby approved this
, 1993.
day
w. R. Holcomb, Mayor
City of San Bernardino
Approved as to
21 form and legal content:
22
JAMES F. PENMAN,
23 City Attorney
BY:Ja.Y>I<> l. P ~
24 U
25
26
27
28
3
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o
~CIAL DISTRICTS -19.06
;
11. The structure shall be made to conform to the provisions of the
Uniform Fire Code and the Uniform Building Code for commercial
structures.
12. 1rash receptacles should be placed to the rear of the structure and
screened from view. Location and size of receptacles will be deter-
mined at project review.
S. SINGLE ROOM OCCUPANCY (SRO) FACUTIES (MC809 10-&-91)
Single Room Occupancy (SRO) facilities are subject to Conditional Use Permit
review and approval and shall conform to the following standards:
1. SRO's shall not be located within 250 feet of a
parcel which has a school for children, adult
bookstore or theater, or liquor store.
2. SRO'sshall be located within 1/4 mile of. bus stop.
3. SRO's shall comply with the following parking requirements:
1 per full time SRO employee at .maximum shift and 1 per 10 0c-
cupants
4. Secured bicycle or motorcycle spaces shall be provided at a ratio of
1 space per 10 occupants.
5. Any design of a SRO project shall coordinate with and complement
the existing architectural style and standards of the sunounding
land uses and local community. If a design theme has beooo.e es-
tablished in an area, this should be reflected in the design and scale
of the SRO project.
6. An unresbicted drop-off/pick-up/loading/temporary parking
area shall be provided near a single entry located adjacent to &ont
entry/desk area.
7. Exterior common areas and/or open courtyards should be provided
throughout the project. If common areas are made available, these
areas should be designed to provide passive open space with
tables, chairs, planters, or small garden spaces to make these areas
useful and functional for the residents. Exterior CXlIlUIIOIl areas, in-
cluding parking areas, should be illuminated with a minimum of 2
footcandles by low pressure sodium lighting from dusk to dawn.
8. Each SRO unit shall be provided with the following minimum
amenities:
n_"" 11
^++::r.,..h...........+ ^ 1
..-
o
~CIAL DISTlUcrs -19.06
:
Adequate heating and air conditioning. (Wmdow air conditioning
units are not permitted. Air conditioning units may be installed for
each SRO unit as long as they are flush with the exterior wall sur-
face.)
Kitchen sink with garbage disposal.
Counter top measuring a minimum of 12 inches deep and 24 inches
wide.
Space and proper wiring for a microwave and small refrigerator.
(These appliances must be available for rent)
Pre-wired for telephone and cable television.
Toilet and sink in a separate room that is a minimum of 20 square
feet.
One bed space per person.
One closet per person.
One storage/ desk arrangement per person.
Intercom system.
Lockable door, which is a minimum of 36 inches wide, opens in-
ward, and has a reprogrammable key card access from a secured
enclosed interior hallway or common area.
9. The maximum occupancy and minimum unit size (not including
toilet compartments) shall be:
1 person - 150 square feet
2 persons - 175 square feet
The maximum unit size shall be 325 square feet
10. Elevators shall be required on new SRO's which are 3 stories or
more in height
11. A full common kitchen facility shall be provided on
each floor if complete kitchens are not provided in
each unit. Complete kitchen shall include a
microwave or range stove, sink with garbage
disposal, and refrigerator. Other cooking
appliances or facilities shall be prohibited in
each SRO unit unless approved in writing by the
management staff.
.
.
o
C~CIAL DI5TRIcrs -19.06
^
tion arrests are occurring at the SRO facility, the Operators Permit
issued to the SRO facility may be revoked pursuant to Municipal
Code Chapter 5.82. Further operation of the SRO facility shall not
occur without first processing and obtaining approval for a new
Operators Permit.
27. Condition compliance inspections by the City may be made on an
annual basis, and the costs of such inspections, up to $5,000.00 ad-
justed annually for inflation, shall be paid by the SRO facility
operator. Any violation(s) of the conditions of approval, municipal
codes, or state or federal laws or regulations pertaining to SRO
facilities, as they exist at the time of the inspection, shall be cor-
rected within the time period(s) specified in the notice of violation.
H the Director makes a finding that the cono:ctions have not been
made within the specified time period(s), the Conditional Use Per-
mit and Operators Permit for the SRO facility may be revoked pur_
suant to the provisions in Chapter 19.36 and 5.82 of the Municipal
Code.
28. The maximum number of SRO units to be brought into service
within the City of San Bernardino after the effective date of the
Development Code, shall be the number that accomodates soo 0c-
cupants. Prior to any pro~ amendments to these SRO stand-
ards or to an increase in the maximum number of SRO units-in ser-
vice, the Department of Planning and Building Services shall
present a report to the City Council with the following information:
the number and location of permitted SRO pro~1s, the number
and capacity of existing SRO units, the average occupancy rate, the
rent levels, the average number of vehicles per resident, and the
perceived adequmes or deficiencies of the management services
provided in the SRO facilities."
29. Existing motels, hotels or apartments shall not be
permitted to convert to SRO's.
o
o
Suggested Fonnat
1. STAFF INTRODUCTION
2. . APPLICANT PRESENTATION (if applicable)
3. OPEN PUBLIC HEARING
a) SIGN-IN PROCESS - Request that those wishing to speakfill out a
"Request to Speak" form and give it to a staff members.
b) ONLY ONE TURN SPEAKING FOR EACH
PERSON
c) LIMIT OF THREE MINUTES PER SPEAKER -
Staff will keep trock of time and will alert speaker when they have thirty seconds
left. Staffwill call time when three minutes have elapsed.
d) SPEAKERS CHOSEN IN ORDER OF SIGN-IN
(i.e., RANDOM ORDER) - Three to five at a time will be
selected to minimize time between speakers.
4. CLOSE PUBLIC HEARING BEFORE
ENTERTAINING QUESTIONS FROM COUNCIL
5. COUNCIL DISCUSSION AND ACTION