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HomeMy WebLinkAboutMC-771 ., ORDINANCE NO. MC-771 1 2 3 4 5 6 7 8 9 10 11 12 13 ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTIONS 19.08.040, AND 19.72.010, AND AMENDING CHAPTER 19.80, OF THE SAN BERNARDINO MUNICIPAL CODE REQUIRING AN ADMINISTRATIVE REVIEW WITH NOTICE FOR SINGLE-FAMILY DWELLINGS WITHIN CERTAIN AREAS OF THE CITY. THE MAYOR AND COMMON COUNCIL OF THE BERNARDINO DO ORDAIN AS FOLLOWS: CITY OF SAN SECTION 1. section 19.08.040 of the San Bernardino Municipal Code is hereby amended to read as follows: "19.08.040 Building Height Maximum building height shall be thirty-five (35) feet. No accessory structure in the R 1-7,200 and R-1-10,800 zones shall have a height in excess of fifteen (15) feet. " SECTION 2. section 19.72.010 of the San Bernardino Municipal Code is hereby amended to read as follows: 14 "19.72.010 Lots on Downhill slopes 15 On property located on downhill slopes having a twenty-five 16 percent (25%) or greater slope (measured in the general 17 direction of the side lot lines), a private garage may be 18 constructed in the required front yard; provided, however, 19 that every portion of the garage shall be at least five (5) 20 feet from the front lot line." 21 22 23 24 SECTION 3. Bernardino Chapter 19.80 of the San Municipal Code is hereby amended to read as follows: "Chapter 19.80 HEIGHT LIMITATIONS - SINGLE-FAMILY DWELLINGS 25 19.80.010. Administrative Review - Single-Family Residence 26 IIII 27 I I I I 28 IIII 1 MC-771 ORDINANCE AMENDING SECTIONS 19.08.040, AND 19.72.010, AND AMENDING CHAPTER 19.80 OF THE SAN BERNARDINO MUNICIPAL CODE REQUIRING AN ADMINISTRATIVE REVIEW WITH NOTICE FOR SINGLE 1 FAMILY DWELLINGS WITHIN CERTAIN FOOTHILL AREAS OF THE CITY 2 3 Hillside Management Overlay District 4 The Planning and Building Services Department shall establish 5 and utilize administrative procedures for the review and 6 approval of plans by the director or his/her designee for new 7 development including single-family of any structure, residences, on vacant, existing lots of record in the Hillside 8 9 10 11 12 13 14 15 16 17 18 19 20 21 ~ 23 24 25 26 IIII Management Overly District or on a remodel of an existing structure which would increase the height by ten (10) feet or more in such overlay district. 19.80.020 Conditions The following conditions shall be applicable only to infill, single-family residential construction of more than one story on existing lots of record, if there is a grade separation of more than eight (8) feet or less than twenty (20) feet between the average ground level of the lot proposed for construction and the immediately uphill lot: A. The maximum height of a proposed structure shall not exceed the midpoint of the structure on the immediately uphill lot. B. Where there is no structure on the immediately uphill lot, the maximum height shall not exceed a point eight (8) feet above the average ground level of the uphill lot. 27 IIII 28 IIII 2 MC-771 ORDINANCE AMENDING SECTIONS 19.08.040, AND 19.72.010, AND AMENDING CHAPTER 19.80 OF THE SAN BERNARDINO MUNICIPAL CODE REQUIRING AN ADMINISTRATIVE REVIEW WITH NOTICE FOR SINGLE 1 FAMILY DWELLINGS WITHIN CERTAIN FOOTHILL AREAS OF THE CITY 2 3 c. 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 D. E. 21 22 23 IIII 24 IIII 25 IIII 26 I I I I 27 I I I I 28 IIII "Immediately uphill lot" shall mean an adjacent lot, whether or not separated by streets, easements, or the like, which has an average ground level eight (8) feet or more higher than the average ground level of the subject lot. If more than one lot meets the definition of "immediately uphill lot" then the measurements required by this section shall be made against the lower lot. "Midpoint" shall be that point equidistant from the foundation at ground level to the apex of the roof, but not including roof structures, stairways, tanks, ventilating fans, or similar equipment required to operate and maintain the building and fire or parapet walls, skylights, flagpoles, chimneys, towers, smokestacks, wireless and television masts, or similar structures. Nothing in this section shall be construed to allow the height of a structure, including a single-family residence, to exceed that allowed in an underlying land use district, or to prohibit a single story residence. 3 . MC-771 ORDINANCE AMENDING SECTIONS 19.08.040, AND 19.72.010, AND AMENDING CHAPTER 19.80 OF THE SAN BERNARDINO MUNICIPAL CODE REQUIRING AN ADMINISTRATIVE REVIEW WITH NOTICE FOR SINGLE 1 FAMILY DWELLINGS WITHIN CERTAIN FOOTHILL AREAS OF THE CITY 2 3 19.80.030 Variance 4 Where the strict application of section 19.80.020 of this 5 Chapter to a particular lot would prevent development of such 6 lot for a two-story or more single-family residence, a 7 variance may be obtained, pursuant to the provisions of 8 Chapter 19.74 of this Code. When such a variance is granted, 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 alternative height limitations shall be imposed on the lot by the Planning commission. 19.80.040. Notice Every property owner within five hundred (500) feet of the subject property shall receive notice of the Variance application and shall be entitled to be heard on such proposal. 19.80.050 Findings The Planning Commission may approve a variance if a finding is made that the preservation of mountain or valley views in the Hillside Management Overlay District is maintained to the greatest extent possible, and that there is the preservation of light and air to protect the public health safety." IIII IIII IIII IIII IIII IIII IIII 4 . 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 MC-771 ORDINANCE AMENDING SECTIONS 19.08.040, AND 19.72.010, AND AMENDING CHAPTER 19.80 OF THE SAN BERNARDINO MUNICIPAL CODE REQUIRING AN ADMINISTRATIVE REVIEW WITH NOTICE FOR SINGLE FAMILY DWELLINGS WITHIN CERTAIN FOOTHILL AREAS OF THE CITY 1 2 3 4 5 I HEREBY CERTIFY that the foregoing ordinance was duly adopted by the Mayor and adjourned an regular Common Council of the City of San Bernardino at meeting thereof, held on the 11th 1991, by the following vote, to wit: 6 day of March Council Members AYES ESTRADA X REILLY X FLORES ~ MAUDSLEY ~ MINOR ~ POPE-LUDLAM ---1L- MILLER ~ NAYES ABSTAIN ~ ~'-~t/ ci Clerk /' The foregoing ordinance is hereby approved this/m{, day of Barch , 1991. / Approved as to form and legal content: JAMES F. PENMAN City Attorney ;} l;) :y: 'W,"," J Cl,1/1"1,, ~'I ,/';' // /~~// // '/y:/ / " W.. co b, Ma r City 0 San Bernardino 5