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Home My WebLink AboutS1- Council Office A. CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: Councilmember, Edward V. Negrete Subject: Urgency Ordinance Amending Chapter 19.62 Dept: Council Office, First Ward Regarding Nonconforming Structures and Uses Date: September 9, 1996 Colpv Synopsis of Previous Council action: MC-957 adopted on February 5, 1996, amended Chapter 19.62 to establish new re-use standards and extend the time a structure must be vacant to be considered nonconforming from six to twelve months. Recommended motion: Adopt the Urgency Ordinance and direct the Planning Department to initiate a regular ordinance amending Development Code Chapter 19.62 consistent with this Urgency Ordinance. Signature Contact person: Councilmember. Edward V. Nearete Phone: Ext. 5268 Supporting data attached: Staff Report & Urgency Ordinance Ward: First Ward FUNDING REQUIREMENTS: Amount: Source: -(Acct. No.) (Acct. Description) Finance: Council Notes: t Continued to Qj �y�, Agenda Item No. ' I ORDINANCE NO. 2 AN URGENCY ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 19.62 OF THE SAN BERNARDINO MUNICIPAL CODE (DEVELOPMENT 3 CODE)REGARDING NONCONFORMING USES AND STRUCTURES AND DECLARING THE URGENCY THEREOF. 4 5 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO 6 ORDAIN AS FOLLOWS: 7 SECTION 1. Section 19.62.020(7.1)of the Municipal Code(Development Code)is hereby 8 added to read as follows: 9 19.62.020 Nonconforming Structures 10 "7.1 Notwithstanding any other provision in this Development Code, if the use of a non- 11 conforming structure is discontinued for a period less than 30 consecutive calendar months prior to 12 September 16, 1996,the structure shall not lose its legal nonconforming status and the structure need 13 not be altered to conform to the provisions of this Development Code provided that the structure is 14 located on a lot abutting the west side of Mt. Vernon Avenue between 8th and 9th Street." 15 SECTION 2. Section 19.62.030(2)(A) of the Municipal Code (Development Code) is 16 hereby added to read as follows: 17 19.62.030 Nonconforming Uses 18 "2.(A)Notwithstanding any other provision in this Development Code, if a nonconforming 19 use is discontinued for a period of less than 30 consecutive calendar months prior to September 16, 20 1996,the use shall not lose its legal nonconforming status and the continued use of the property shall 21 not be required to conform to the provisions of this Development Code provided that the use is 22 located on a lot abutting the west side of Mt. Vernon Avenue between 8th and 9th Street." 23 SECTION 3. Urgency. This urgency ordinance shall take effect immediately in order to 24 protect the public peace, health and safety, so that previously legal nonconforming uses and 25 structures can be rehabilitated and reoccupied to revitalize economically blighted areas of Mt. 26 Vernon Avenue. 27 28 [Urg-Ord.191 1 September 10, 1996 I AN URGENCY ORDINANCE. . . AMENDING CHAPTER 19.62 OF THE SAN BERNARDINO MUNICIPAL CODE (DEVELOPMENT CODE) REGARDING 2 NONCONFORMING USES AND STRUCTURES AND DECLARING THE URGENCY THEREOF. 3 4 SECTION 4. The Mayor and Common Council hereby direct the Department of Planning 5 and Building Services to initiate a regular ordinance amending the Development Code consistent with this urgency ordinance. 6 7 I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor and 8 Common Council of the City of San Bernardino at a meeting thereof, held on 9 the day of , 1996, by the following vote, to wit: 10 Council Members: AYES NAYS ABSTAIN ABSENT 11 NEGRETE 12 CURLIN 13 ARIAS 14 OBERHELMAN 15 DEVLIN 16 ANDERSON 17 MILLER 18 19 CITY CLERK 20 21 The foregoing Ordinance is hereby approved this day of , 1996 22 23 TOM MINOR, Mayor 24 City of San Bernardino Approved as to form and legal content: 25 JAMES F. PENMAN, 26 City Attorney 27 28 By: [Urg-Ord.19] 2 September 10, 1996 STAFF REPORT Council Meeting Date: September 16 1996 TO: Mayor and Common Council FROM: Councilmember, Edward V. Negrete, First Ward DATE: September 10, 1996 AGENDA ITEM: Urgency Ordinance Amending Chapter 19.62 Currently the Development Code, as amended by MC-957 on February 5, 1996, requires a nonconforming structure and a nonconforming use to lose its legal nonconforming status if the use is discontinued for a period of 12 or more consecutive calendar months. This urgency ordinance will extend this time from 12 months to 30 months at specified locations. Under the urgency ordinance, if a nonconforming use or the use of a nonconforming structure is discontinued for less than 30 consecutive calendar months prior to September 16, 1996, then the use or the structure shall not lose its legal nonconforming status and the structure or the use need not be altered to conform to the Development Code provided that the use or structure is located on a lot abutting the west side of Mt. Vernon Avenue between 8th and 9th Street. It is necessary that this urgency ordinance take effect immediately in order to protect the public peace, health, and safety, so that previously legal nonconforming uses and structures can be rehabilitated and reoccupied to revitalize economically blighted areas of Mt. Vernon Avenue. In addition to adopting this Urgency Ordinance, the Mayor and Council should direct the Planning Department to initiate a regular ordinance amending Development Code Chapter 19.62 consistent with this Urgency Ordinance. CITY OF SAN BERNARDINO Planning and Building Services Department Interoffice Memorandum TO: Mayor and Common Council FROM: Valerie C. Ross, Principal Planner THROUGH: Fred Wilson Assistant City Administrator SUBJECT: 9/16 MCC Agenda - Proposed Urgency Ordinance DATE: September 12, 1996 COPIES: Shauna Clark, City Administrator ------------------------------------------------------------------------------------------------------------------------ ISSUE Item no. S-1 on the supplemental agenda for 9/16/96 is a proposed urgency ordinance to extend the period of time before a structure loses its nonconforming status for properties located on the west side of Mt. Vernon Avenue, from 8th - 9th Streets. BACKGROUND The block covered by the proposed ordinance has a 24 unit apartment complex that has had numerous Code Compliance citations over the years. In November 1994, the City ordered the apartments vacated because of immediate health and safety concerns. The order stated that the apartments could not be reoccupied until the owner obtained permits, completed all necessary repairs, and was signed-off by Building Inspection to reoccupy. The Board of Building Commissioners upheld this action in January 1995, and assessed board-up costs. The property owner made no attempt to comply with the order and we must conclude that there was no intent on his part to comply and that he voluntarily gave up his nonconforming status in 1995 when he abandoned the property which is now owned by a lending institution. Adoption of this ordinance would reinstate the nonconforming status and allow reuse of the apartments. The apartments are in deplorable condition and should be demolished. Substantial effort and costs would be required for the units to meet minimum Building Code standards. In addition, the units do not meet current Development Code standards in terms of density, unit size, open space and off-street parking. POLICY CONCERNS The subject site is within the Paseo Las Placitas Specific Plan area. That plan was undertaken with the intent to revitalize the Mt. Vernon corridor. In particular, the proximity to the downtown area, freeway access and establishment of Metrolink service, the plan identified opportunities to create a vital shopping, dining, entertainment and community facilities district for the City and the region. The plan identified adjacent deteriorated residential areas as a major constraint to revitalization efforts. The General Plan also addressed the negative impacts to the City from deteriorated residential areas, and identified the opportunity to recycle these areas. Residential units at this location are inconsistent with the vision for the Mt. Vernon corridor. RECOMMENDATION Based on the concerns outlined above, I recommend that you not support this proposal.