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HomeMy WebLinkAbout29-Planning CITY OF SAN BERN,<-ADIN:Jil REQUE~ F~ A COUNCI~TI:: Larry E. Reed, Director From: Planning and Building Services Dept: February 16, 1990 Date: . Ordinance amending Chapter 19.66 SubJect:and repealing section 19.66.020, relating to non-conforming uses and buildings 4. Synopsis of Previous Council action: 1. 9/6/89 Perea I s case set for Public Hearing be fore council (Applicant had waived notice of public hearing & ask ed for this hearing date)-council returned case to BBC to rehear. 10/13/89 Board of Building Commissioners heard appeal. (No change in BBC Order requiring demolition or conversion to commercial use. 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. 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. Council referred Ordinance amending Chapter 16.66 back to the Legislative Review Committee. T~ryi~'~~iv~ R~vi~w rnmmi~~~~ rp~lP~~pd Ci~y Attornpy to revise the Ordinance Per Planning & Building Services Memo of January 8, Recommended motion: for the February 19, 1990 Council Meeting. 2/5/90 2. 3. 5. I) ?/A/qn , , that the first reading of Ordinance repealing SBMC 19.66.020, and related references to SBMC 19.66.020 be waived and said Ordinance be laid over for final passage. cc, Marshall JUlian, city Administrator ~ Jim Richardson, Deputy city Administrator' James Penman, City Attorney ~~ Signature Contact person: Larry E. Reod Supporting data attached: St3ff Report, Ordinance Phone: )64-5261 Ward: All Wards FUNDING REQUIREMENTS: Amount: N/A Source: (Acct. No.) (Acct. Description) Finance: Council Notes: COUNCIL:CA.REQUEST-16 (revised) 75.0262 Agenda Item NO."!?- ~VI.s~ -- ~ .. ---.... ...... ~ CITY OF SAN BERN~ADINO - REQUEST F"A COUNCIL ACTION STAFF REPORT BACKGROUND: 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. DISCUSSION: This Ordinance proposes to repeal only section 19.66.020. 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 repeal of 19.66.020 is to avoid having to demolish or change the use of a building simply because it is out of zone for some specific time (40 years for masonry buildings, 30 years for other fire-resistive buildings, and 20 years for wood frame buildings. STAFF RECOMMENDATION: It is the recommendation that the Mayor and Council adopt the revised Ordinance repealing only Municipal Code section 19.66.020 and sections that refer to section 19.66.020, and after the effective date of the repeal of this Ordinance, determine the Perea case solely on the merits as to whether the house has been over 50% destroyed. Prepared by: ~5~ Larry . Reed, Director Planning and Building Services CA.STAFF-16 - Revised 2/12/90 (Item #29) Page 1 75-0264 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 - .... ~~ 1 2 ORDINANCE NO. 3 ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 19.66.030 AND REPEALING SECTION 19.66.020 OF THE SAN BERNARDINO 4 MUNICIPAL CODE RELATING TO NON-CONFORMING BUILDINGS AND USES. 5 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: 6 SECTION 1. Section 19.66.020 of the San Bernardino 7 Municipal Code is hereby repealed. 8 SECTION 2. Section 19.66.030 of the San Bernardino 9 Municipal Code is hereby amended as follows: "19.66.030 Requirement for Alterations and Additions to Nonconforming Buildings. A. A nonconforming building may be continued and maintained if the building is not added to or structurally altered other than as required by law; and provided, that a nonconforming building may be added to or structurally altered on condition that: 1. A petition approving such addition or alteration is signed by seventy-five percent of the residents and/or owners of properties within a radius of five hundred feet of the building and said petition is presented to the Planning Commission; or if, after a reasonable effort such petition has not been obtained, a signed affidavit establishing that reasonable efforts have been put forth to obtain the signatures of seventy-five percent of the residents and/or owners of properties within a radius of five hundred feet of the building but without success; 27 2. Evidence is presented that the addition or 28 PZ/ses/chap.19 February 15, 1990 10 .... ~ ~-- 1 2 ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 19.66.030 AND REPEALING SECTION 19.66.020 OF THE SAN BERNARDINO 3 MUNICIPAL CODE RELATING TO NON-CONFORMING BUILDINGS AND USES. 4 alteration is reasonable and is not injurious to adjoining 5 properties; 6 3. The Planning Commission approves the application, 7 after there has been compliance with the procedures and 8 provisions pertaining to the granting of variances as set forth 9 in Sections 19.74.030 through 19.74.070; and 4. Approval of the Common Council is obtained prior 11 to the building being added to or structurally altered. 12 I HEREBY CERTIFY that the foregoing ordinance was duly 13 adopted by the Mayor and Common Council of the City of San 14 15 Bernardino at a meeting thereof, on the held day of 1990, by the following vote, to 16 wit: 17 Council Members: AYES ABSTAIN NAYS 18 ESTRADA 19 REILLY 20 FLORES 21 MAUDSLEY 22 MINOR 23 POPE-LUDLAM 24 MILLER 25 26 27 28 City Clerk PZjses/chap.19 February 15, 1990 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - 1 2 ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 19.66.030 AND REPEALING SECTION 19.66.020 OF THE SAN BERNARDINO 3 MUNICIPAL CODE RELATING TO NON-CONFORMING BUILDINGS AND USES. 4 The foregoing ordinance is hereby approved this , 1990. day of 5 6 W. R. HOLCOMB, Mayor 7 City of San Bernardino 8 Approved as to form and legal content: 9 JAMES F. PENMAN, City Attorney /\ \, 4 'I . By: \~ 7 . 1"~. o PZjsesjchap.19 February 15, 1990