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Home My WebLink About23-Planning CITY OF SAN BERNARDINO~REQUEST FOR COUNCIL ACTION , Ordinance amending Chapter 19.66 Subject: and repealing section 19.66.050, relating to non-confo~ing uses and buildings ~ $: ~ N <..0 Synopsis of Previous Council action: ~ 1. 9/6/89 Perea's case set for Public Hearing before Council ~pplicant had waived notice of public hearing and asked for t~s hearing date) - Council returned case to BBC to rehear.) U1 2. 10/13/89 Board of Building Commissioners heard appeal. (No change in BBC Order requiring demolition or conversion to commercial use. 3. 10/23/89 Council deferred appeal and referred to Legislative Review Committee to look at non conforming building and use issues and make a recommendation on amending municipal code. 4. 12/7/89 LRC decided not to change the 50% destroyed by fire and 180 day abandoned provisions of municipal code & asked staff to review General Plan policies related to repealing the length of time for discontinuing out-of-zone buildings and uses. "-om: Larry E. Reed, Director Dept: Planning and Building Services Date: January 26, 1990 Recommended motion: that the Council direct the City Attorney to prepare an Ordinance repealing SBMC 19.66.020 relating to length of time non-conforming uses & buildings may 'emain in exis~nce r that the first reading of repealing 19.66.050 be passage. Ordinance to amend SBMC 19.66.020, 030, 040 and waived and said Ordinance be laid over for final cc: Marshall Julian, City Administrator Jim Richardson, Deputy City Administrnrnr James Penman, City Attorney z1z r--/ ' -; '<j <I "cU-e/ " / Signature Larry E. Reed Contact person: staff Report, Ordinance Supporting data attached: 384-5281 Phone: All Wards Ward: FUNDING REQUIREMENTS: Amount: # Source: (Acct. No,) N/A (Acct, Description) Finance: ',uncil Notes: _uUNCIL:CA.REQUEST-16 75,0262 Agenda Item No. ~:3 CITY' OF SAN BERNA-ADINO - REQUEST FOR COUNCIL ACTION BACKGROUND: STAFF REPORT The attached Ordinance is in response to Mrs. Perea's appeal of the Board of Building Commissioners Order to demolish her house at 1040 1/2 West Baseline. This Ordinance, if adopted will Mrs. Perea to reconstruct her cannot recommend it's adoption. <1/< provide the legal tools for allowing fire-damaged house. However, staff d . ~ ! I" .- /11. .e : DISCUSSION.: ~;,y / " ~ihe~r~i~ance does more than is required ~nly Section 19.66.020 shenild be repealed, leaving the remainirig "sections 19.66.030 and 19.66.040 in place. This type of provision for phasing out older, non- conforming buildings and uses, based solely on age, is not desireable given the large number of non-conforming uses and structures in the city of San Bernardino. The provision in the attached Ordinance is not in the draft of the Development Code scheduled to be distributed to the Council next week. ';,- f; ,) ;t;"t".<</, ) I , ;/ I ! , , l' .. The added provision in subsection 19.66.030(B.2b.) allowing recon- struction of non-conforming (out-of-zone single family houses) to be rebuilt, when up to 74% damaged by fire, is not desireable public policy. This provision, if adopted, will allow the few remaining houses in and around Norton Air Force Base, zoned for industrial and commercial uses, and other similar areas to be rebuilt after being fire damaged up to 74%. This section also causes problems for City Code Enforcement staff when they must make decisions concerning normal maintenance questions for out-of-zone single family houses and feasibility determinations for allowing rehabilitation of unsafe structures vs. their demolition (the~ffect is: more older, obsolete, dilapidated, and boarded up buildings in the City). The additional provision in subsection 19.66.040 should have nothing to do with fire damage. I believe clear language would be as follows: A. "In the event that a legal, non-conforming use of land, building, or structure used for other than a single-family dwelling is discontinued for a period of 180 consecutive days, any further use thereafter, shall be in conformity with the provisions of the district in which it is located." B. "In the event that a legal, non-conforming single-family dwelling is discontinued for a period of 24 consecutive months, any further thereafter, shall be in conformity with the provisions of the district in which it is located." In addition, I believe that having a different length of time (allowing more time) for single-family houses to sit vacant is also undesirable public policy. The question must be raised, "What is this Subsection CA.STAFF-16 Page 1 75-0264 trying to accomplish?" "Does the community really want out-of-zone, vacant houses to be there for a longer period of time?" staff have felt that community wanted owners of out-of-zone houses to keep them occupied / rented and maintained up to the City's property maintenance standards, or removed to make way for commercial and industrial redevelopment. OPTIONS AVAILABLE TO THE MAYOR AND COMMON COUNCIL: The Mayor and Council may: 1. Refer the Ordinance to the Legislative Review Committee for further consideration. 2. Direct the City Attorney to draft the Ordinance, repealing only Municipal Code section 19.66.020 and sections that refer to section 19.66.020. 3. Adopt the Ordinance as written. STAFF RECOMMENDATION: It is the recommendation that the Mayor and Council direct the City Attorney to draft the Ordinance repealing only Municipal Code section 19.66.020 and sections that refer to Section 19.66.020. Prepared by: ~~ Larry E. Reed, Director Planning and Building Services CA.STAFF-16 Page 2 city of San Bernardino INTEROFFICE MEMORANDUM 9001-2704 /~).:.r;/I'/r h'" TO: James Penman, City Attorney FROM: Larry E. Reed, Director of Planning & Building Services SUBJECT: Non-conforming Building/Use Dilemma - Mrs. Perea's Case: 1040 1/2 West Baseline DATE: January 8, 1990 Jim Richardson, Deputy City Administrator; Marshall Julian, City Administrator; Council Members COPIES: ------------------------------------------------------------ I am recommending the following action plan to resolve the non-conforming use dilemma as exemplified by the Perea case concerning 1040 1/2 West Baseline. 1. Repeal Section 19.66.020 of the San Bernardino Municipal Code. This action is to avoid having to demolish or change the use of a building simply because it is out of zone for some specific period of time [forty (40) years for Masonry buildings, thirty (30) years for other fire-resistive build- ings and twenty (20) years for wood frame buildings.] Modify section 19.66.030 by deleting the phrase "as provided by Section 19.66.020". 2. Second, have the Council act on the Perea case, i.e. determine whether the house has been over 50% destroyed. I have personally looked at the house, and I believe the house is over 50% destroyed, however, I have no personal problems for this one case if the Council finds the house is less than 50% destroyed. A Council action overturning staff and the Board of Building Commissioners action will allow me to issue a building permit to rehabilitate Mrs. Perea's structure. 3. I have determined vacant for more than 180 not a . discontinuance Section. the house has not been voluntarily days, therefore Section 19.66.040 is of use meeting the intent of this Please prepare the necessary Ordinance repealing section 19.66.020 and modifying Section 19.66.030 of the San Bernard- ino Municipal Code. If you have any questions please don't hesitate to call me. ~~~ -~ /' Larry/E. Reed, Director Department of Planning and Building Services LER:nhm /::- ~<l-i.' i;'; I ;~) 1 2 ORDINANCE NO. 3 ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTIONS 19.66.020, 19.66.030, 19.66.040 AND REPEALING SECTION 19.66.050 4 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO NON-CONFORMING BUILDINGS AND USES. 5 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO 6 DO ORDAIN AS FOLLOWS: 7 SECTION 1. Section 19.66.020 of the San Bernardino 8 Municipal Code is hereby amended as follows: 9 "19.66.020 Continuation and Maintenance. 10 A. Any nonconforming building and/or nonconforming use may 11 be continued and maintained for a period representing the useful 12 life of the building as defined below: 13 1. Class 1 or 2 construction, forty years (masonry); 14 2. Class 3 or 4 construction, thirty years (fire resistant) ; 15 3. Class 5 construction, twenty years (frame); and 16 4. Single family dwellings of any class of 17 construction, indefinitely." 18 SECTION 2. Section 19.66.030 of the San Bernardino 19 Municipal Code is hereby amended as follows: 20 "19.66.030 Requirement for Alterations and Additions to 21 Nonconforming Buildings - And Exceptions. 22 A. A nonconforming building may be continued and 23 maintained as provided in Section 19.66.020 if the building is 24 not added to or structurally altered other than as required by 25 law. 26 B. Exceptions to subsection 19.66.030A are as follows: 27 28 PZ/ses January 24, 1990 1 1 2 A nonconforming building may be added to or 1 . 3 structurally altered on condition that: 4 a. A petition approving such addition or alteration 5 is signed by seventy-five percent of the residents and/or owners 6 of properties within a radius of five hundred feet of the 7 building and said petition is presented to the Planning 8 Commission; or if, after a reasonable effort such petition has 9 not been obtained, a signed affidavit establishing that 10 reasonable efforts have been put forth to obtain the signatures 11 of seventy-five percent of the residents and/or owners of 12 properties within a radius of five hundred feet of the building 14 13 but without success; b. Evidence is presented that the addition or 15 alteration is reasonable and is not injurious to adjoining 16 properties; 17 c. The Planning Commission approves the application, 18 after there has been compliance with the procedures and 19 provisions pertaining to the granting of variances as set forth 21 20 in Sections 19.74.030 through 19.74.070; and Approval of the Common Council is obtained prior d. 23 22 to the building being added to or structurally altered. In the event that a legal nonconforming use of land, 2. 24 building or structure is damaged by fire, explosion, act of God 25 or act of a public enemy, the nonconforming building may be 26 reconstructed, repaired or rebuilt and the nonconforming use 27 continued if: 28 PZ/ses January 24, 1990 2 ~ 1 2 a. The cost of such reconstruction, repair or 3 rebuilding does not exceed fifty percent (50%) of the reasonable 4 replacement value of the building for all buildings other than 5 single family dwellings; or 6 b. The cost of such reconstruction, repair or 7 rebuilding does not exceed seventy-five percent (75%) of the 8 reasonable replacement value of the building when such building 9 is used as a single family dwelling." 10 Section 19.66.040 of the San Bernardino SECTION 3. 11 Municipal Code is hereby amended as follows: 12 "19.66.040 Discontinuance of Nonconforming Use 13 Conformance Required. 14 In the event that a legal nonconforming use of land, A. 15 building or structure is discontinued for a period of one hundred 16 and eighty (180) consecutive days, any future use thereafter 17 shall be in conformity with the provisions of the district in 19 18 which it is located. 20 dwellings damaged by fire unless use as a single family dwelling B. Subsection 19.60.040A shall not apply, to single family 21 has been discontinued for a period of twenty-four (24) 23 22 consecutive months. SECTION 4. Section 19.66.050 of the San Bernardino 24 Municipal Code is hereby repealed. 25 26 27 28 / / / / / / / / / PZ/ses January 24, 1990 3 ~---.._............... 10 -- 1 2 ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTIONS 19.66.020, 19.66.030, 19.66.040 AND REPEALING SECTION 19.66.050 3 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO NON-CONFORMING BUILDINGS AND USES. 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 , 1990, by the following vote, to 8 wit: 9 Council Members: AYES ABSTAIN NAYS ESTRADA 11 REILLY FLORES 12 MAUDSLEY MINOR 13 POPE-LUDLAM MILLER 14 15 City Clerk 16 The foregoing ordinance is hereby approved this day 17 , 1990. of 18 19 W. R. HOLCOMB, Mayor City of San Bernardino 20 Approved as to 21 form and legal content: 22 JAMES F. PENMAN, City Attorney 23 24 By: 25 26 27 28 PZ/ses January 24, 1990 4