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HomeMy WebLinkAboutMC-809 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Ordinance No. Me-809 ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 19.02.050, 19.06.020 (TABLE 06.01), 19.06.030 (TABLE 06.03), 19.06.030 (2), 5.82.020 AND 5.82.030 OF THE SAN BERNARDINO MUNICIPAL CODE ALLOWING FOR THE DEVELOPMENT OF SINGLE ROOM OCCUPANCY (SRO) FACILITIES IN THE CG-2 AND CR-2 LAND USE DISTRICTS SUBJECT TO CONDITIONAL USE PERMIT AND BUSINESS PERMIT REVIEW AND APPROVAL; ESTABLISHING SPECIFIC STANDARDS FOR SRO FACILITIES; AND, LIMITING THE MAXIMUM NUMBER OF SRO UNITS BROUGHT INTO SERVICE WITHIN SAN BERNARDINO TO 500 OCCUPANTS. THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: SECTION 1. SECTION 19.02.050 DEFINITIONS is hereby amended to add the following definitions in alphabetical order: "Defensible Space A design concept term used to describe a series of physical design characteristics that maximize resident control of behavior, particularly crime, within a public, semiprivate or private area, structure or community. Sinqle Room Occupancv (SRO) Facilitv A cluster of seven or more units within a newly constructed residential hotel of weekly or longer tenancy providing sleeping or living facili- ties for 1 or 2 persons per unit, in which sanitary facilities may be provided in the unit, and cooking facilities may be shared within the hotel. II SECTION 2. SECTION 19.06.020 - Table 06.01 COMMERCIAL AND INDUSTRIAL DISTRICT LIST OF PERMITTED USES is hereby amended to add to the Table a Single Room Occupancy (SRO) Facility listing as a "7011 A" numbered use allowed under the CG-2 and CR-2 Land Use District columns subject to an approved Conditional Use Permit ("C"). 26 IIII 27 IIII 28 IIII 1 Me-B09 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SECTION 3. SECTION 19.06.030 (2) Table 06.03 COMMERCIAL AND INDUSTRIAL DISTRICTS SPECIFIC STANDARDS is hereby amended to add to the Table a "P" listing for single Room Occupancy (SRO) Facilities and the requirement for specific standards by indicating the "+" symbol under the CG-2 and CR-2 Land Use District columns. SECTION 4. SECTION 19.06.030(2) LAND USE DISTRICT SPECIFIC STANDARDS is hereby amended by adding the following: "P. SINGLE ROOM OCCUPANCY (SRO) FACILITIES single Room occupancy (SRO) facilities are Conditional Use Permit review and approval conform to the following standards: 1. SRO's shall not be located within 250 feet parcel which has a school for children, bookstore or theatre, bar or liquor store; existing motels, hotels or apartments shall not permitted to convert to SRO's. SRO's shall be located within 1/4 mile of a bus stop. SRO's shall comply with the following parking requirements: 1 per full time SRO employee per 10 occupants Secured bicycle or motorcycle spaces shall be provided at a ratio of 1 space per 10 occupants. subject to and shall of a adult and be 2. 3. at maximum shift and 1 4. IIII IIII IIII IIII 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 IIII 26 IIII 27 IIII 28 IIII Me-809 5. Any design of a SRO project shall coordinate with and 6. compliment the existing architectural style and standards of the surrounding land uses and local community. If a design theme has become established in an area, this should be reflected in the design and scale of the SRO project. An unrestricted drop-off/pick-up/loading/temporary parking area shall be provided near a single entry located adjacent to front 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 common areas, including 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: Adequate heating and air conditioning. (Window conditioning units are not permitted. conditioning units maybe installed for each SRO as long as they are flush with the exterior surface.) air Air unit wall Kitchen sink with garbage disposal. 3 MC-809 1 2 3 4 5 6 7 8 9 10 11 12 13 14 9. 15 16 17 18 19 10. 20 21 11. 22 23 24 25 26 27 28 IIII 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, opens inward, access from a common area. which is a minimum of 36 inches wide, and has a reprogrammable key card secured enclosed interior hallway or 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. Elevators shall be required on new SRO's which are 3 stories or more in height. 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 range stove, sink with garbage disposal, and refrigerator. cooking appliances or facilities shall be prohibited in each SRO unit, unless approved in writing by the management staff. 4 MC~809 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IIII 12. If complete bathrooms are not provided in each unit, shared showers shall be provided at a ratio of 1 per 7 occupants or fraction thereof on the same floor with interior lockable doors. These shall be directly accessible from indoor common areas or indoor hallways. 13. SRO facilities shall provide for one handicapped- accessible unit for every 25 units or fraction thereof for up to 100 units and one handicapped- accessible unit for every 40 units or fraction thereof for the number of units over 100. 14. At least one janitor closet and trash chute shall be provided on each floor. 15. Common laundry facilities shall be provided with 1 washer & 1 dryer for every 25 units or fraction thereof for up to 100 units and 1 washer and 1 dryer for every 50 units or fraction thereof for the number of units over 100. Keyed access for tenants only shall be provided. Defensible space concepts should be employed in the design and location of the laundry facility areas. 16. Common furnished and secured indoor space shall be provided at the following ratios: 4.5 sq. ft. per 150 to 159 sq. ft. unit 4.0 sq. ft. per 160 to 169 sq. ft. unit 3.5 sq. ft. per 170 to 179 sq. ft. unit 3.0 sq. ft. per 180 and up sq. ft. unit 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Me-B09 Common indoor space means all useable interior common areas not used for circulation or service facilities. Common indoor space includes lobby, recreation room or reading room. 17. Ingress and egress shall be strictly limited and monitored by the use of a front desk area which has a full view of the entry/lobby area, is staffed 24 hours a day, 7 days a week, and has an operational outdoor entry intercom system with intercoms in each unit and common areas. Entrance into the hallways of common areas where individual units are located shall be regulated by the front desk clerk through the use of "buzz-in" doors. Each resident and guest must be cleared by the front desk clerk before entry is permitted. The required secondary egress areas shall also be alarmed and monitored. A notice shall be posted in the common indoor lobby area regarding contact procedures to investigate code compliance problems. At least one pay telephone, a drinking fountain and individual mail boxes shall be provided in the lobby/front desk area. 18. An adequately sized supply room shall be provided with adequate security control. 19. SRO's of any size shall be required to have fully automatic fire sprinkler systems with a central monitoring system, alarm and fire annunciator in compliance with Fire Department standards. A manual fire alarm system shall also be installed. 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IIII MC-809 20. All provisions of the Uniform Building Code and Uniform Fire Code must be complied with for hotels. However, reasonable equivalent alternatives to Fire and Building Code requirements may be utilized, if approval is obtained from the Chief Building Official and Fire Chief on a case-by-case, item-by-item basis. 21. Defensible space concepts should be employed in the design and location of SROs. 22. Interior hallways shall be brightly lit with at least 1 footcandle of lighting on the floor surface. 23. All lighting fixtures shall be vandal and graffiti resistant. All ground-floor exteriors and cornmon areas, including hallways, elevators and shower facilities should be made graffiti resistant through the use of special paint, texturing, carpeting or other means as approved by the Police Department. 24. A Management Plan shall be submitted for review and approval, or approval with modificatins as part of the Conditional Use Permit. This Plan shall be comprehensive shall contain provisions and as recommended by the Director of the Department of Planning and Building Services and as adopted by the Planning Commission. The failure of the property owner to comply with the Management Plan may be grounds for revocation of the Conditional Use Permit pursuant to San Bernardino Municipal Code Chapter 19.36. 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 ~ 24 25 26 27 IIII 28 IIII Me-809 25. Security provisions shall be provided in the following manner: a. video cameras equipped with infrared detectors must be strategically placed in all public areas including hallways, elevator entrances, lobby areas, garage areas, laundry areas, profit centers and other common areas, and monitored for internal security. The monitoring station may be at the front desk. In order to provide for adequate monitoring, the location and configuration of monitors is subject to review by the Police Department. NOTE: Infrared detectors are to activate a flashing light to help direct monitoring staff to a specific monitor and area of the facility. b. Unit doors shall be equipped with interior locks and key card entrance systems which shall be reprogrammable. c. Common shower area doors accessible through hallways shall be equipped with interior locks with access by a management master key. An emergency call button or pull cord shall be provided. d. Front entry areas shall allow for adequate visual access into the front desk/lobby area by police from patrol cars. 8 MC~809 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 IIII 22 IIII 23 IIII 24 IIII 25 IIII 26 IIII 27 IIII 28 IIII e. Each room and all common areas shall have operable windows, except for the first floor which may be fixed, if a reasonable equivalent alternative is approved by the Chief Building Official and Fire Chief. f. Adequate measures shall be taken to provide for vehicle parking security including limited secured access by electronic wrought iron security gates and fencing or alternative materials compatible with the architectural style, night lighting and video camera monitoring. Override devices for gates shall be provided for the Police and Fire Department. g. Pursuant to 19.06.030 (2) (P) (26) or (27), if "failure by management" has occured or violations of conditions of approval are found, then a private security guard may be required to be provided on a 24 hours a day basis. The security guard shall be fully uniformed, bonded, P.O.S.T certified and licensed by the state to bear firearms. 9 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 ~ 23 24 25 26 IIII 27 IIII 28 IIII MC-809 h. Valid photo identification shall be required as a condition of registration. A valid photo identification is a state or official driver's license, a military identification card, an official state identification card or a San Bernardino Police Department registration card. Management shall post in the registration area signs declaring that photo identification is required by tenants and a valid identification for their guests (photo identification is not required, unless the guest is staying over- night), and that the registration information will be presented to the Police Department upon demand. i. Management is to keep and maintain complete and accurate tenant registration cards in duplicate, including photocopies of required photo identification. Registration information shall include the name of the occupant, unit number, rental rate, vehicle type and vehicle license number. The duplicate copies of the registration cards shall be taken to the San Bernardino Police Department weekly. Registration information shall be provided to the Police Department upon demand. 10 . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 IIII 26 IIII 27 IIII 28 IIII MC-809 26. A condition of approval of a SRO facility shall be compliance with Municipal Code Chapter 5.82 (Business Permit Regulation's). A SRO facility with excessive drug or prostitution arrests may be brought before the Police Commission for review, with notice of that review meeting being sent to the SRO facility owner. If the Police Commission determines that a "failure by management" has occurred, in that a finding is made that excessive drug or prostitution arrests are occuring 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 adjusted 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 corrected within the time period(s) specified in the notice of violation. If the Director makes a finding 11 MC-809 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 IIII 22 IIII 23 IIII 24 IIII 25 IIII 26 IIII 27 IIII 28 IIII ~-_.._----- that the corrections have not been made within the specified time period(s), the Conditional Use Permit and Operators Permit for the SRO facility may be revoked pursuant 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 500 occupants. Prior to any proposed amendments to these SRO standards or to an increase in the maximum number of SRO units-in service, 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 projects, 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 adequacies or deficiencies of the management services provided in the SRO facilities." 12 Me-809 1 SECTION 5. SECTION 5.82.020 PERMIT-REQUIRED is hereby 2 amended to read: 3 "It is unlawful for any person, whether as principal or 4 agent, clerk or employee, acting personally or for any other 5 person, or for any corporate entity, or as an officer of any 6 company, partnership or corporation, or otherwise, to commence, 7 manage or conduct the business of operating a hotel, motel, 8 single room occupancy facility, drive-through dairy, selling 9 food or nonalcoholic refreshments, or any business incidental 10 or auxiliary to the operation of on-and off-sale premises 11 licensed by the state Alcoholic Beverage Control, including but 12 not limited to restaurants, bars, cafes and the like, in the 13 City, without a valid and un suspended permit issued by the city 14 Clerk or without complying with any regulation of such business 15 imposed under or by this chapter. The operation of any 16 business regulated by this chapter without having such a permit 17 from the city to do so, or without complying with any and all 18 regulations of such business required by this chapter, shall 19 constitute a separate violation of this chapter for each and 20 every day that such business is so operated." 21 IIII 22 IIII 23 IIII 24 IIII 25 IIII 26 IIII 27 IIII 28 IIII I 1____ 13 Me-B09 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SECTION 6. SECTION 5.82.030 PERMIT-APPLICATION is hereby amended to read: "An applicant for a permit for the operation of any such hotel, motel, single room occupancy facility, drive-through dairy, selling food or nonalcoholic refreshments, or a business incidental or auxiliary to the sale of alcoholic beverages on premises licensed by the Department of Alcoholic Beverage Control (ABC) shall apply for and obtain an operator's permit. The application for such permit shall be filed with the City Clerk, shall be signed under penalty of perjury and shall be upon a form supplied by the City Clerk. The application shall contain the true names, addresses, and criminal convictions, if any (except for infractions of the Vehicle Code), of the applicant and all persons financially interested in the applicant's business and such other information as may be deemed necessary by the City Clerk." IIII IIII IIII IIII IIII IIII IIII IIII IIII IIII IIII IIII 14 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Me-B09 ORDINANCE... ALLOWING FOR THE DEVELOPMENT OF SINGLE-ROOM OCCUPANCY (SRO) FACILITIES IN THE CG-2 AND CR-2 LAND USE DISTRICTS SUBJECT TO CONDITIONAL USE PERMIT AND BUSINESS PERMIT REVIEW AND APPROVAL; ESTABLISHING SPECIFIC STANDARDS FOR SRO FACILITIES; AND, LIMITING THE MAXIMUM NUMBER OF SRO UNITS BROUGHT INTO SERVICE WITHIN SAN BERNARDINO TO 500 OCCUPANTS I HEREBY CERTIFY that the foregoing ordinance was duly adopted by the Mayor and Common Council of the City held of San Bernardino at a meeting thereof, regular on the 7th day of 1991, by the October following vote, to wit: Council Members AYES NAYS ABSTAIN ABSENT ESTRADA x REILLY x HERNANDEZ x MAUDSLEY x MINOR x POPE-LUDLAM x MILLER x Q"~ J..t? tI~ ..- .~ . ..~Jlf~r-' City-Clerk - (/0'1 The foregoing ordinance is hereby approved J( ~ day of October , 1991. , Mayor ernardino Approved as to form and legal content: JAMES F. p.. ENMAN , J ~- By ~ 15