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HomeMy WebLinkAbout47-Planning and Building . o CITY OF SAN BERNARDINO o - 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: r7 . o o 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. o o . 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. o o 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 o EXHIBIT "A" o 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..." / o 0 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). o 0 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"). o 0 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, . Attachment "A" - Findings of Fact Attachment "B" - Proposed Rewording for Section 19.06.030(2)(S) , o 0 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. . . . o 0 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.. o o 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. .c- o 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____~ o o 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. ~ o o 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, o o 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. . 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""""" --- " r - 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 o 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 o 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. " o o 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 o 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 o 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 - 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