HomeMy WebLinkAbout49- Planning and Building Services O t �
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Froin: Al Boughey, Director Subject: Development Code Amendment No .
93-03 -- Accessory Structures
Dept: planning & Building Services
Date: May 5 , 1993 Mayor & Common Council meeting of 5/24/93
Synopsis of Previous Council action:
06/03/91 -- The effective date of the Development Code which established
accessory structure standards .
Recommended motion:
That further reading of the ordinance be waived, and it be laid
over for final adoption.
Signature
Al BoiAgh
Contact person: Al Bouehev Phone: 5357
Supporting data attached: Staff Report . Ordinance Ward: Citywide
FUNDING REQUIREMENTS: Amount: N/A
Source: (Acct. No.)
(Acct. Description)
Finance:
Council Notes:
t
0
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
SUBJECT: DEVELOPMENT CODE AMENDMENT (DCA) NO. 93-03
REQUEST/LOCATION: This is a City initiated Development Code Amendment to clarify the
requirements and standards for the location, height and size of accessory structures (Section
19.04.030(2)(A) and Table 04.02, Section 19.20.030(17)(B). This amendment will affect the
entire incorporated portion of the City of San Bernardino.
KEY ISSUES: The key issues are as follows: Currently;
■ An accessory structure may be built to the street side-yard setback line.
• There is no restriction on the size (floor area) of an accessory structure.
• The height limit of an accessory structure is the same as the main
structure (ranging from 2.5 to 4 stories in residential).
The proposed amendment will clarify the standards for the location, height and size of accessory
structures in residential land use districts. Accessory structures will be allowed up to the rear,
and interior side yards. They will be allowed to be 50% of the main structure footprint and a
maximum of 16 feet in height.
Please see the analysis and attachments contained in Exhibit A, Staff Report to the Planning
Commission.
OPTIONS AVAILABLE TO THE MAYOR AND COMMON COUNCIL: The Mayor and
Common Council may:
1. Approve Development Code Amendment 93-03 based on the attached
Findings of fact contained in Exhibit A, (which supports the Planning
Commission decision);
2. Modify the standards as proposed, and approve Development Code
Amendment 93-03; or
3. Deny the Development Code Amendment.
Development Code Amendment 93-03
Mayor and Common Council meeting of
May 24, 1993
Page 2
ENVIRONMENTAL: Pursuant to Section 15061(b-3) of the CEQA guidelines the proposal to
modify the accessory structure development standards is exempt from CEQA as it is covered by
the general rule that CEQA applies only to projects which have the potential for causing a
significant effect on the environment. The proposed change to the Development Code is to
minimize impacts created by the mass or bulk of accessory structures. The proposed change in
the Development Code is aesthetic in purpose and will not impact the environment.
PLANNING COMMISSION RECOMMENDATION: The Planning Commission reviewed
Development Code Amendment 93-03 on April 6, 1993, and recommended to the Mayor and
Common Council; approval of the Development Code Amendment based upon the attached
Findings of Fact (contained within Exhibit A).
STAFF RECOMMENDATION: Staff recommends that the Mayor and Common Council
approve the Development Code Amendment and adopt the Ordinance.
Prepared by: Jeffery S. Adams, Assistant Planner
For: Al Boughey, Director, Planning and Building Services
EXHIBITS: 1. Planning Commission Staff Report and Attachments
2. Ordinance
da:a3oj..)
1 ORDINANCE NO.
2 ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTIONS
19.04 .030(l) (TABLE 4 .02) AND 19. 20. 030 (17) (B) OF THE SAN BERNARDINO
3 MUNICIPAL CODE (DEVELOPMENT CODE) , TO CLARIFY LOCATION AND SIZE
REQUIREMENTS FOR ACCESSORY STRUCTURES.
4 THE MAYOR AND COMMON COUNCIL DO ORDAIN AS FOLLOWS:
5 SECTION 1. Amend Table 4 . 02 at San Bernardino Municipal Code
6 Section 19. 04 . 030(1) by deleting:
7 A. Footnote (4) from Side Setback Street Side (see Attachment
8 A, Page II-7 of the Development Code, incorporated herein by
9 reference) .
10 SECTION 2. Amend San Bernardino Municipal Code Section
11 19.04. 030(2) (A) to read as follows (see Attachment B, Page II-13 of
12 the Development Code, incorporated herein by reference) :
13 "A. ACCESSORY STRUCTURES
14 Accessory structures in residential land use districts are
15 subject to Development review and shall be compatible with the
16 materials and architecture of the main dwelling of the
17 property. Accessory structures may only be constructed on a
18 lot containing a main dwelling unit. Accessory structures may
19 be built to the interior side, and rear property lines
20 provided that such structures are not closer than 10 feet to
21 any other structure. Building Code requirements may further
22 restrict the distance to be maintained from property lines or
23 other structures. The accessory structure may be a maximum of
24 503 of the main structure footprint and a maximum of 16 feet
25 in height. "
26 SECTION 3. Amend San Bernardino Municipal Code Section
27 19.20.030(17) (B) to read as follows (see Attachment C, Page III-13
28
1
i
I
i
i
ORDINANCE . . . AMENDING SECTIONS 19 . 04 . 03 0 (1) (TABLE 4. 02) AND
1 19.20.030. (17) (B) OF THE SAN BERNARDINO MUNICIPAL CODE (DEVELOPMENT
2 CODE) , TO CLARIFY LOCATION AND SIZE REQUIREMENTS FOR ACCESSORY
STRUCTURES.
3 of the Development Code, incorporated herein by reference) :
4 "B. REAR SETBACK
5 Roof overhangs, pools, patio covers, tennis courts, gazebos,
6 and awnings and canopies, provided there is no projection
7 within 10 feet of the property line. Accessory structures may
8 be built to the interior side, or rear property lines provided
9 that such structures are not closer than 10 feet to any other
10 structures. "
11 ////
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2
o
1 ORDINANCE . . . AMENDING SECTIONS 19 . 04 . 03 0 (1) (TABLE 4 . 02) AND
19.20. 030 (17) (B) OF THE SAN BERNARDINO MUNICIPAL CODE (DEVELOPMENT
2 CODE) , TO CLARIFY LOCATION AND SIZE REQUIREMENTS FOR ACCESSORY
STRUCTURES.
3
4 I HEREBY CERTIFY that the foregoing ordinance was duly
5 adopted by the Mayor and Common Council of the city of San
6 Bernardino at a meeting thereof, held on the
7 day of 1993, by the following
8 vote, to wit:
9
10 COUNCILMEMBERS AYES NAYS ABSTAIN ABSENT
11 NEGRETE
12 CURLIN
13 HERNANDEZ
14 OBERHELMAN
15 OFFICE VACANT
16 POPE-LUDLAM
17 MILLER
18
19 City Clerk
20 The foregoing ordinance is hereby approved this day of
21 1993 .
22 Tom Minor, Mayor
23 City of San Bernardino
24 Approved as to form
and legal content:
25 JAMES F. PENMAN
26 City Attorney
27 By: E'Z�-Ir-- ,
28
3
ATTACHMENT "A"
1. .-iiaJEN1TAL DISTRICTS-19A4
TABLE 04.02
RESIDENTIAL DEVELOPMENT STANDARDS
Standard RE RL RS RU-1 Rt 1_ RM RMH RH [`lt
Lot Area Maximum R
Units/Gross Am 1 3.1 4.5 8 8 12 21 31 12Wr21E 47
12 Sr. 12 Sr. 16 Sr. 31 Sr. 47 Sr. 47 Sr. 18W/J 1 ES, 130 Sr.
Lot Area
1 ace 10,800 ay.7,200 7,200 7,200111 14,4001b 20,000P1 20,000M 1
8,720 mm. ac ac. 1 u. 1 .-R
20,000-MU
Lot Wdtl
(feet) 150 80 60 60 60 60 60 60 60 60 60
Comer Lot Nldih 150 88 66 66 66 66 66 66 66 66
66
Lot Depth
(feet) 100 100 100 100 100 100 100 100 100 100 100
Front
Setback 25 N. 25 W. 25 N. 25 N. 25 N. 20 N. 20 N. 15 10
(feet) 35 20 min. 20 min. 20 min. 20 min. 20 min. 15 min. 15 min. ¢
Rear Setback
(feet)(,) 20 20 ay. 20 ay. 10 10 10 10 10 10 10 d
15 min. 15 min.
Side
Setback
minimum
(fat) 5 5 5 1 teary:5'Pka 1'for oa. 15•of wall mngfh
2 teary:10'
DU SepamijonHi 15 15 15 15 15 plus 1'for ea. 15'ot wall length -0-
Side Setback
Steel Side
(feet) 15 15 15 15 15 15 15 15 10 10
Building
Lot Coverage -
(Maximum%) 35 35 35 40 40 50 so 50
SO 100
Distance
Between Bklgs.
(feet) 10 10 10 20 20 20 20 20
20 20
Privam
Oudccr
Livirg Space
(S.I.) NA NA NA
Common Useable —�3gp 61 or 25%dit" an whicaver is Isa-
Guabor SPace(s f) NA NA NA of not she w
Maximum
Svt=Wm Hl.in 3 2.5 2.5 2.5 2.5 31" 31" 41" 41" 2
Stories(met) (IS) (35) (35) (35) (35) (42) (42) (56) (52) (3)) (100)1"
Mazanum Average
No.of Atached
Dwelling units 6m 6171 em 8 8
12 12 12 12 12 11A
ay..Average W.Wet of F215 Mu.Miss,lla
min..minimum E.Eat W 1-.215 R p as. Am 9r.. 9srrid
(1) For bh of record prior b June 2, 1989 the Milm m jot was s 6,200 a.f.and e>al ft ce WkM snot
(2) The min.lot 3¢0 may be ma than 14,400 sf,but to max.daslly s B dwol' larla dsPlfls are parrrlteed.
(3) The min.lot a¢s may be las Sam 20,000 af,with Yr 119 Per gross aaa,12 for star tacUse.
14.40010 19,999 d lot size-12 dwea� fig restrictions:
Lea flrn 14,400 sf lot size-8 dwal b Vs f 1S artm unit
(4) See Secaon 19-04 030(2XA)for �a 12 Send urib
(5) Except witfin 75 feet of the RaidenibW SuNsban RS t6etk fib.
35 met IRS)LaW Use District whom the height abet be bni1W b 2.5 stores d
(6) See Section 19.06 030(2XE)for aaowabm 50 foot add o W bona hsghL
(7) Attached dwelling ants are only PWMAW n the Hi7sid�s Msrrspsmont gverlsy District
11-7 va,l
R? j.NTIAL DISTRICTS-19.04
19 . 04 . 030 (2 ) (A)
A. ACCESSORY STRUCTURES
Accessory structures in residential land use districts are subject
to Development review and shall be compatible with the materials
and architecture of the main dwelling of the property. Accessory
structures may only be constructed on a lot containing a main
dwelling unit. Accessory structures may be built to the interior
side, and rear property lines provided that such structures are not
closer than 10 feet to any other structure. Building Code
requirements may further restrict the distance to be maintained
from property lines or other structures. The accessory structure
may be a maximum of 50% of the main structure footprint and a
maximum of 16 feet in height.
B. DAY CARE CENTER DESIGN STANDARDS
Day Care Centers are permitted for 6 or less children,subject to Condition-
al Use Permit review,pursuant to Section 19.04.020 (Table 04.01) and Sec-
tion 19.06.020 (Table 06.01,#835). The centers shall be constructed in the
following manner.
1. The facility shall conform to all property development stand-
ards of the land use district in which it is located
2. Large facilities shall not be located within 500 feet of another
day care center.
3. An outdoor play area of no less than 75 square feet per child,but
in no case less than 450 square feet in area shall be provided The
outdoor play area shall be located in the rear area. Stationary play
equipment shall not be located in required side and front yards.
4. A 6 foot high solid decorative fence or wall shall be constructed on
all property lines,except in the front yard. In the front yard, the
open fence shall not exceed 48 inches in height, and a solid wall
shall not exceed 36 inches in height Materials, textures,colors,and
design of the fence or wall shall be compatible with on-site develop
and adjacent properties. All fences or walls shall provide for safety
with controlled points of entry.
5. On-site landscaping shall be consistent with that prevailing in the
neighborhood and shall be installed and maintained,pursuant to
Chapter 19.28 (landscaping Standards). Landscaping shall be
provided to reduce noise impacts on surrounding properties.
6. All on-site parldng shall be provided pursuant to the provisions of
Chapter 924 (Off-Street Parldng). On-site vehicle turnaround or
(� separate entrance and exit points,and adequate passenger loading
spaces,shall be provided-
11-13 7192
PROPERTYDEV, ) MENr STANDARDS-19.20
19 . 20 . 030 ( 17 ) (B)
4. Quiet outdoor spaces may be provided next to a noisy right-of-way
by creating a U-shaped development which faces away from the
right-of-way.
C. The minimum acceptable surf . weight for a not;e barrier is 4 pounds
per square foot (equivalent to 3/4 inch plywood). The barrier shall be of a
continuous materials which is resistant to sound including.
1. Masonry block
2. Precast concrete
3. Earth berm or a combination of earth berm with block concrete.
D. Noise barriers shall interrupt the line-of-sight between noise source and
receives
16. ODOR
No use shall emit any obnoxious odor or fumes.
17. PROTECTIONS/CONSTRUCTION AND EQUIPMENT PERM1_T'1'FD INTO
SETBACKS
The following list represents the>znly projections,construction,or equipment
that shall be permitted within the required setbacks:
A. Front Setback: Roof overhangs,fireplace chimney,awnings,&canopies
B. Rear Setback: Roof overhangs, pools, patio covers, tennis courts, gazebos,
and awnings &canopies, provided there is no projection within
10 feet of the property line. Accessory structures may be built
to the interior side, or rear property lines provided that such
structures are not closer than 10 feet to any other structures.
C. Side Setback Roof overhangs,fireplace chimney,awnings& canopies
Building Code requirements may further restrict the distance required to be main-
tained from the property lines and other structures.
1& PUBLIC STREET IMPROVEMEI•TIS
A. Any new construction or remodel construction valued at 25% or more
of the assessed valuation of the primary structure shall require the dedica-
tion and improvement of public right-of-way for public street purposes.
In addition, the property owner shall be required to irrevocably agree to
participate in any future assessment district that may be formed to con-
struct public street improvements in accordance with the policies,proce-
dures and standards of the Director of Public Works/City Engineer.
III-13 sm
EXHIBIT 1
CITY OF SAN BERNARDINO PLANNING
AND BUILDING SERVICES DEPARTMENT
AGENDA ITEM li4
SUMMARY HEARING DATE_ April 6 ,
WARD City-wide
Development Code Amendment APPLICANT: City of San Bernardino
W No . 93-03
y
UOWNER: N/A
This is a city-initiated Development Code Amendment to clarify
H the requirements and standards for the location , height and
Wsize of accessory structures (Section 19 . 04 .030 (2) (A) , and
Table 04 . 02 , Section 19 . 20 . 030 ( 17 ) (B) . This amendment will
IO affect the entire incorporated portion of the City of San
Bernardino .
Q
W
2
Q
EXISTING
PROPERTY ANpICF GENERALPLAN
ZONINGt DFSIC++NATION
This amendment is city-wide , encompassing all land use
designations .
GEOLOGIC/SEISMIC ❑ YES FLOOD HAZARD ❑ VES EA
HAZARD ZONE: SEWERS; ❑ YES
❑ NO ZONE: ❑ NO ❑ ZONE ❑ NO
HIGH FIRE ❑ YES AIRPORT NOISE/ ❑ YES REDEVELOPMENT
HAZARD ZONE_ ❑ NO CRASH ZONE: PROJECT ❑ YES AREA:
❑ NO ❑ NO
J ❑ APPLICABLE ❑ POTENTIAL SIGNIFICANT =
EFFECTS WITH O APPROVAL
MITIGATING MEASURES
W a NO E.I.R. Q ❑ CONDITIONS
LL 0
2 Z M EXEMPT ❑ E.I.R. REOUIRED BUT NO {L Z
QO SIGNIFICANT EFFECTS Q W ❑ DENIAL
Z WITH MITIGATING H 2
M —U. MEASURES W ❑ CONTINUANCE TO
Z ❑ NO SIGNIFICANT ❑ SIGNIFICANT EFFECT'S
W EFFECTS SEE ATTACHED E.R.C. V
MINUTES W
Q
PI 9= PILE 1 OF 1 (I.gpl
Development Code Amendment No. 93-03
Agenda Item
Hearing Date: 5-10-93
Page 1
REQUEST:
The request is for an amendment to the Development Code, Chapter 19.04, Sections
19.04.030(2)(A), and 19.04.030 Table 04.02 and Chapter 19.20, Section 19.20.030(17)(B) to
clarify the street-side yard setback for accessory structures and define the allowable size and
height.
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) STATUS:
Pursuant to Section 15601(b-3) of the CEQA guidelines the proposal to modify the accessory
structure development standards is exempt from CEQA as it is covered by the general rule that
CEQA applies only to projects which have the potential for causing a significant effect on the
environment. The proposed change to the Development Code is to minimize impacts created
by the mass or bulk of accessory structures. The proposed change in the Development Code is
aesthetic in purpose and will not impact the environment.
BACKGROUND:
An accessory structure is defined in the Development Code as a structure detached from a
principal structure on the same lot, incidental to the principal building, and not designed for
human habitation. Accessory structures require a development permit in all land use districts.
Accessory structures are permitted to be built up to the side and rear property lines in a
residential district as long as there is a separation between structures of at least ten feet. The
intent of the development standard was to allow small secondary structures to be built internally
on a lot without maintaining the normal building setback. The current development standards
do not differentiate between a side yard and a street-side yard setback.
Section 19.04.030(1), General Standards, Table 04.02, lists site development standards for
residential districts. Side Setback includes a footnote (4), which states: "(4) see Section
19.04.030(2)(A) for accessory structure setback requirements". That section states in part,
"...Accessory structures may be built to the side and rear property lines provided such structures
are not located within 10 feet of any other structure...". In addition, the same language appears
in Section 19.20.030(17)(B), Projections Allowed in Rear Setbacks.
Inadvertently, footnote (4) is included for street-side setback, and due to the error, people have
misunderstood the intent of the accessory structure provisions, and assume that an accessory
structure can be built to the street right-of-way in the side yard.
i
p
Development Code Amendment No. 93-03
Agenda Item
Hearing Date: 5-10-93
Page 2
ANALYSIS:
Compatibility
There is a need to create reasonable limitations for accessory structures since they may be built
up to a property line without the benefit of a yard setback. The proposed Development Code
Amendment will delineate which property line an accessory structure may be built up to without
requiring a setback. In addition, the Amendment will establish allowable size and height limits
for accessory structures. The size limit will maintain a primary/secondary relationship between
the main structure and the accessory structure. The height limit provides for most allowable
accessory uses, including recreational vehicle storage, while still limiting the potential visual
impact of accessory structures.
General Plan Consistency
The proposed Development Code Amendment is consistent with the General Plan in that General
Plan Policy 1.8.30 requires residential design to minimize the impacts of building bulk and
mass.
AMENDMENT
The amendment proposes to clarify the requirements and standards for accessory structures in
residential land use districts. The following changes will be incorporated into the Development
Code:
1. Eliminate footnote (4) from street side setback on Table 04.02 (Attachment B);
2. Add the word "interior" to section 19.04.030(2)(A) to read: "...Accessory
structures may be built to INTERIOR side and rear property lines..."
(Attachment C)
3. Add the sentence "The accessory structure may be a maximum of 504 of the
main structure footprint and a maximum of 16 feet in height" to the end of the
paragraph in Section 19.04.030(2)(A). (Attachment C)
4. Add the word "interior" to Section 19.20.030(17)(B), as shown in Attachment D.
l
O
Development Code Amendment No. 93-03
Agenda Item
Hearing Date: 5-10-93
Page 3
CONCLUSION:
The proposed amendment will clarify the standards for the location, height and size of accessory
structures in residential land use districts. Accessory structures are allowed up to the rear, and
interior side yards. They are allowed to be 50% of the main structure footprint and a maximum
of 16 feet in height.
RECOMMENDATION:
Staff proposes that the Planning Commission recommend that the Mayor and Common Council
approve Development Code Amendment No. 93-03 subject to the attached Findings of Fact
(Attachment "A").
Prepared by: Jeffery Adams, Assistant Planner
for Al Boughey, Director
Planning and Building Services
Attachment: A - Findings of Fact
B - Table 04.02
C - Proposed wording for Section 19.04.030(2)(A)
D - Proposed wording for Section 19.20.030(17)(B)
ATTACHMENT "A"
Development Code Amendment No. 93-03
Agenda Item
Hearing Date: 5-10-93
Page 4
FINDINGS OF FACT
for
Development Code Amendment No. 93-03
1. The amendment is consistent with the General Plan in that General Plan Objective 1.8.30
requires residential design to minimize the impacts of building bulk and mass.
2. The proposed amendment would not be detrimental to the public interest, health, safety,
convenience, or welfare of the City in that limiting the size and location of accessory
structures will reduce the potential impact of those structures to surrounding properties.