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HomeMy WebLinkAbout02-28-1990 Minutes City of San Bernardino, California February 28, 1990 This is the time and place set for an Adjourned Regular Meeting of the Mayor and Common Council of the City of San Bernardino at their Adjourned Regular Meeting held at 1:35 p.m., Wednesday, February 21, 1990, in the Kellogg Room of the Feldheym Library, 555 West Sixth Street, San Bernardino, California. The City Clerk has caused to be posted the order of adjournment of said meeting held on February 21, 1990, and has on file in the office of the City Clerk an affidavit of said posting together with a copy of said order which was posted at 9:00 a.m., Thursday, February 22, 1990, on the door of the place at which said meeting was held. The Adjourned Regular Meeting of the Mayor and Common Council of the City of San Bernardino was called to order by Mayor Pro Tempore Flores at 1:35 p.m., in the Kellogg Room of the Feldheym Library, 555 West Sixth Street, San Bernardino, California. ROLL CALL Roll call was taken by Deputy City Clerk Medina with the following being present: Mayor Pro Tempore Flores; Council Members Estrada, Reilly, Flores, Maudsley, Minor, Miller; Deputy City Attorney Empeno, Deputy City Clerk Medina. Absent: Mayor Holcomb, Council Member Pope-Ludlam, City Administrator Julian. PUBLIC COMMENTS - RONALD COATS Ronald Coats, 25819 Date Street, San Bernardino, CA, 92404, expressed concern over the direction the Council is taking regarding the Development Code. He stated that the direction is totally contrary to what the Citizen's Advisory Committee recommended. He also spoke in opposition to the streamlining process for environmental reviews. MAYOR HOLCOMB ARRIVED At 1:39 p.m., Mayor Holcomb arrived that the Council meeting. Similar Use Determination - 19.04.030 John Montgomery, Principal Planner, Planning and Building Services, explained that the Similar Use Determination is a section that allows the Director to compare a proposed use and measure it against those listed in the Development Code and the Standard Industries Classification Manual. The Director would identify the proposed use in the residential use classification or in the commercial use classification tables. 1 2/28/90 Land Use District Development Standards - Residential Standards Table John Montgomery, Principal Planner, distributed a revised table for residential development standards. Mr. Montgomery pointed out that in the Development Code, one of the major changes was that CG-2 and CR-2 were added to the residential standards table to allow a setback for residential development. John Montgomery answered questions regarding maximum units gross/acre under the CG-2 designation west and east of I-215. Amenities Bonus provision Mr. Montgomery stated that the Amenities Bonus provision allows for an increase in the maximum permitted density of 15 percent in the RU, RM, RMH, and RH land use districts. He further stated that new language needs to be added to the Amenities Bonus provision section. The proposed language is as follows: "The Amenities Bonus provision may not be used in conjunction with the affordable housing density limits." Land Use District Development Standards - Residential Standards Table John Montgomery answered questions regarding the maximum number of dwelling units per building for the various residential designations. A discussion ensued regarding front and rear setbacks for cul-de-sacs. John Montgomery, Principal Planner, answered questions regarding the average and minimum rear setback. He stated that in the RL and RS land use designations the average setback is twenty feet and the minimum is fifteen feet. He also answered questions regarding the other changes on the residential standards table. Land Use District Specific Standards John Montgomery distributed a revised table for the residential district specific standards, page II-12 of the Development Code. He stated that the revisions made to this table were a result of the previous revisions made to the table on Permitted. Planned Development Permitted and Conditionally Permitted uses, page II-4 of the Development Code. He stated that this section deals with specific development standards and where these developments can occur. Mr. standards, residential Residential Montgomery stated that the mul ti-family small lot subdivision standards, and development standards were added to the Districts Specific Standards table. housing planned revised The Council discussed appropriate locations in which to allow second dwelling units and granny houses. 2 2/28/90 John Montgomery pointed out that conditional use permits can be required for both granny housing and second dwelling units, and designations could also be made where granny housing and second dwelling units would be allowed. John Montgomery answered questions regarding the difference between a granny and guest house. He stated that a granny house contains full facilities and a guest house does not include kitchen or cooking facilities. Deputy City Attorney Empeno answered questions regarding the State law requiring that the City allow for granny housing. John Montgomery read the State law requirements for second dwelling units and granny houses. It was suggested that a conditional use permit with certain restrictions be required for granny houses. Mayor Holcomb stated that the granny and guests houses do not have sufficient parking. He recommended that any granny and guest house not be occupied unless there is sufficient parking. John Montgomery pointed out that page II-22 of the Development Code, reads as follows: "a second dwelling unit shall be provided with parking in addition to that required for the main dwelling, pursuant to Chapter 19.18, Off-Street Parking Standards." It was the consensus of the Council to require conditional use permits for granny houses in the RE, RL, RS, RU, RM, RMH and RH land use designations, and that second dwelling units only be permitted in the RU, RM, RMH, RH land use designations requiring a conditional use permit. (See also page 6) Accessorv Structure John Montgomery stated that accessory structures may onlv be constructed on a lot containing a main dwelling unit. Dav Care Facilitv Design Standards Mr. Montgomery stated that additional wording needs to be added to letter "F" of the Day Care Facility Design Standards. The additional wording is as follows: "provided per Chapter 19.20, two spaces for each four children will be required." John Montgomery stated that State law requires that day care facilities conducted in the home with six children or less be allowed; however, the City may require registration of these day care facilities. Mr. Montgomery read the proposed wording that can be used for day care facilities in the homes with six or less children. 3 2/28/90 John Montgomery answered questions regarding the letters of notification received by the Planning Department for verification that day care facilities are not within 300 feet of each other. It was recommended that this language be amended as follows: "that any medium and large facility shall not be located within 300 feet of another medium or large facility. Mayor Holcomb expressed concern regarding the day care facility lighting design standards for residential neighborhoods. John Montgomery suggested that the section be amended as follows: "All on-site lighting shall be stationery, directed away from adjacent properties and public rights-of-ways, and of an intensity appropriate to the use of the service." Council pointed out that a day care facility should be state licensed and operate according all applicable state and local health and safety regulations. The Council discussed the extent of safety provided for the children at day care centers and day care facilities located in a residential area. It was recommended that a registration application be required for day care facilities with six or less children. Deputy City Attorney Empeno stated that state law prohibits the City from making any additional requirements for day care centers that could not be imposed on any other single-family residence. He suggested that registration similar to the home occupancy licenses be required for day care centers. A discussion ensued regarding the requirements for day care centers. It was recommended that staff investigate with the County of San Bernardino whether it has a program for registering day care facilities in the home with six or less children. Densitv Bonus - Affordable Housinu John Montgomery stated that this section contains two bonus provisions. The first entitlement is based upon the provision of affordable housing, pursuant to State Government Code Section 65915. The second provision is intended to provide density bonus incentives for the corporation of on-site amenities. He further stated that the language for the density bonus affordable housing does not conform with new State law. He suggested that either the affordable housing provision be amended to correspond to new State law or that this section include the following language: "that the affordable housing density bonus will be provided as per State law." 4 2/28/90 Mayor Holcomb stated that the City cannot change the state law for density bonuses, but the City can require a conditional use permit for affordable housing density bonuses. Amenities Bonus provision John Montgomery stated that the amenities bonus provision is allowed in the RU, RM, RMH, RH, CG-2 and CR-2 land use districts, and that the following language needs to be included: "An amenities bonus provision may not be used in conjunction with affordable housing density limits." A discussion ensued regarding adding off-site and on-site landscaping improvements as an amenity bonus. Variable Front Yard Provisions John Montgomery stated that front yard setbacks are required by the base district in Table 04.01 and shall be averaged on interior lots within a single family detached or duplex subdivision. He further stated that a rear yard provision should be included in this section. RECESS MEETING At 3:00 p.m., Mayor Holcomb declared a ten-minute recess. RECONVENE MEETING At 3:16 p.m., Mayor Holcomb reconvened the Adjourned Regular Meeting of the Mayor and Common Council in the Kellogg Room of the Feldheym Library, 555 West Sixth Street, San Bernardino. ROLL CALL Roll call was taken by Deputy City Clerk Medina with the following being present: Mayor Holcomb; Council Members Estrada, Reilly, Flores, Maudsley, Minor, Miller; Deputy City Attorney Empeno, Deputy City Clerk Medina. Absent: Council Member Pope- Ludlam, City Administrator Julian. Mayor Holcomb announced that he is giving the public an opportunity to express concerns regarding the Development Code. However, there is a limitation of five minutes per person. PUBLIC COMMENT Courtney Buse, spoke in support residential areas. - COURTNEY BUSE 3808 N. Osbun Road, of second dwelling San Bernardino, 92404-14, units being allowed in Mayor Holcomb stated that second dwelling units are allowed in certain residential areas, but would require a conditional use permit. It was suggested that guidelines accompany the conditional use permit process for second dwellings. A discussion ensued regarding allowing second dwelling units in RE, RL, and RS land use districts. 5 2/28/90 It was the consensus of the Council to change the land use districts for granny houses and second dwelling units. The changes are as follows: second dwelling units and granny houses are allowed in the RE, RL, RS, RU, RM, RMH and RH land use districts. PUBLIC COMMENT - JOHN EDWINS John Edwins, 3137 N. Cactus Circle, Highland, 92346, expressed concern regarding being able to rebuild his home if 50 percent of the house were burned. He also stated that he had planned to remodel his home, but because it is a split-level house, he was informed that he could not build his home any larger. PUBLIC COMMENT - ED JACOBSEN Ed Jacobsen, 1736 E. Mesa Verde Drive, San Bernardino, 92404, expressed concern regarding not being able to rebuild a multiple dwelling unit, if it burned down, on his property located at 18th and "E" Streets. He stated that his duplex on 18th Street was formally zoned residential, but is now designated as RS, making it a nonconforming structure. He stated that it would be difficult to rebuild a single-family detached unit in this area, which is surrounded by duplexes. He also complained that the Council did not send out any notices or advertise a public hearing meeting for discussion of the Development Code. Deputy City Attorney Empeno stated that state law requires that the City Council and Planning Commission conduct public hearings regarding zoning ordinance amendments which will be scheduled at a later date. He clarified that this meeting is not a public hearing. It is a workshop, so the Council is not required to provide mailing notices or newspaper advertisements. MAYOR HOLCOMB AND COUNCIL MEMBER MINOR EXCUSED At 3: 34 p.m., Mayor Holcomb and Council Member Minor left the Council meeting. ADJOURNMENT At 3:37 p.m., Council Member Flores made a motion, seconded by Council Member Reilly and unanimously carried, that the Adjourned Regular Meeting of the Mayor and Common Council be adjourned to 8:30 a.m., Monday, March 5,1990, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. SHAUNA CLARK City Clerk By c1f1ndJdV fmduw) Deputy City Clerk No. of Items: 13 No. of Hours: 2 6 2/28/90