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'CfT'y OF SAN BERN~INO - R.QU.ST FCC) COUNCIL ACTION
FnMn: Larry E. Reed. Director
. Ordinance Amending Code Section 15.20.050-
Subject. Landscaping Requirement Prior to Issuance
of Certificate of Occupancy
Mayor and Common Council Meeting of
September 5. 1990
~: Planning and Building Services
D..: August 24. 1990
Synopsis of Prwvious Council -=tion:
06/18/90
07/02/90
Referred to Legislative Review Committee and was
referred back to Council on 06/18/90.
Continued to 7/02/90.
06/04/90
Referred to Legislative Review Committee.
RlCOmmenclld motion:
That the hearing be closed; that the first reading of the ordinance be waived
and put over for adoption to amend Section 15.20.050. to require landscaping
prior to issuance of a certificate of occupancy for buildings vacant more than
180 days; and. that the Negative Declaration be adopted. ~..
4 ~k/
Signature
Phone: 384-5357
Werd: N/A
ContKt penon: Larry E. Reed
Supponing dm .lc...hed: Staff Report
FUNDING REQUIREMENTS:
Amount:
N/A
Source: IAcct. No.1
IAcct.DncriDtionl
Fillll1Ce:
Council Not.-:
,wala
Agenda Item No
..30
,
CITY OF SAN BERNAIOINO - REQUEST FoAouNCIL ACTION
STAFF REPORT
Subject: Ordinance Amendment to Municipal Code, Section
15.20.050
Mayor and Common Council Meetinq of June 4, 1990
REOUEST
To adopt an ordinance which amends Municipal Code, Section
15.20.050, to require landscapinq prior to issuance of a
certificate of occupancy for buildinqs vacant more than 180
days.
BACKGROUND
At the request of the Mayor and city Administrator, an
ordinance was developed to require landscapinq prior to
issuance of a certificate of occupancy for buildinqs vacant
more than 180 days. ourinq several Leqislative Review
Committee meetinqs it was decided:
1. In case of existinq multi-tenant buildinqs, the entire
buildinq must be at least 50 percent vacant for 180 days
to triqqer installation of landscapinq.
2. That additional landscapinq should only be required for
commercial buildinqs over 20,000 square feet and indus-
trial/warehouse buildinqs over 30,000 square feet vacant
more than 180 days.
3. Staff could require landscapinq equalinq five (5)
percent of required parkinq area. If the landscapinq
that is required by Code results in less parkinq than
otherwise is required, the Planninq Director may reduce
the number of required parkinq spaces from that pre-
viously approved for the site.
CALIFORNIA ENVIRONMENTAL OUALITY ACT
At its reqularly scheduled meetinq of May 3, 1990, the
Environmental Review Committee (ERC) proposed and recommended
a Neqative Declaration for the ordinance amendment. The
proposed Neqative Declaration was advertised and available
for public review from May 10, 1990, throuqh May 30, 1990. No
comments were received from the public durinq this period.
The scope of the proposed ordinance before the ERC was
reduced by the Leqislative Review Committee. The more
restricted ordinance does DQt impact existinq residential
developments, nor industrial and commercial developments
havinq buildinqs under 20,000 square feet and 30,000 square,
feet respectively.
75-0264
Ordinance Amendmen(:bo Municipal code, Section~.20.050
Page 2
RECOJOmNDA.TION
That the ordinance amending Section 15.20.050, to require
landscaping prior to issuance of a certificate of occupancy
for certain types and sizes of building. vacant more than 180
days: and, that the Negative Declaration be adopted.
Prepared for Larry E. Reed, Director
Planning and Building Services Department
M&CCAGENDA:CERTIFICATEOCC
o
o
1
ORDINANCE NO.
2 ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION
15.20.050 OF THE SAN BERNARDINO MUNICIPAL CODE TO REQUIRE
3 LANDSCAPING PRIOR TO ISSUANCE OF A CERTIFICATE OF OCCUPANCY FOR
SPECIFIED BUILDINGS VACANT MORE THAN 180 DAYS.
4
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
5 DO ORDAIN AS FOLLOWS:
6
SECTION 1.
Section 15.20.050 of the San Bernardino
7 Municipal Code is amended to read as follows:
8 "15.20.050 Application Process.
9 A. The owner shall file a written application accompanied
10 by payment of a fee with the Planning and Building Services
11 Director prior to use or occupancy of the premises or thirty (30)
12 days prior to expiration of an existing Certificate of Occupancy
13 or temporary Certificate of Occupancy. The Planning and Building
14 Services Director shall cause an inspection to be made of the
15 premises within ten (10) working days for compliance with City
16
codes.
If the premises are in compliance with said codes, the
17 Planning and Building Services Director shall issue a Certificate
18 of Occupancy.
19
B.
When an inspection discloses that the premises are not
20 in compliance with the codes, the Planning and Building Services
21 Director shall give written notice of each deficiency to the
22 owner. No Certificate of Occupancy shall be issued to the owner
23
until all deficiencies are corrected.
If the owner fails to
24 correct all said deficiencies within sixty (60) days after the
25 original application was filed, the application shall expire and
26 a new application, plus fees, will be required.
27
28
HE/mg/dys/landscp.ord 1
August 29, 1990
.
o
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1
C.
For any of the following enumerated categories of
2 buildings, prior to issuance of a Certificate of Occupancy for a
3 building fifty percent (50%) or more of which has been vacant for
4 more than 180 days, the owner shall landscape at least five
5 percent (5%) of the open surfaced parking area in accordance with
6 a landscaping plan approved by the Department of Parks,
7 Recreation and Community Services and by the Department of
8 Planning and Building Services, which may reduce the number of
9 required parking spaces from that previously approved for the
10 site:
11
12
13
1.
Commercial buildings exceeding 20,000 square feet
in floor area; or
2.
Industrial buildings exceeding 30,000 square feet
14
in floor area.
15
D. The owner shall be responsible for making the premises
16 available for inspection by the City."
17 I HEREBY CERTIFY that the foregoing resolution was duly
18 adopted by the Mayor and Common Council of the City of San
19 Bernardino at a meeting thereof, held on the
20 day of , 1990, by the following vote, to wit:
21 / / / /
22 / / / /
23 / / / /
24 / / / /
25 / / / /
26 / / / /
27 / / / /
28
HE/mg/dys/landscp.ord 2
August 29, 1990
"'"......~
..........<-' .- - _... _..
10
11
12
13
14
15
16
17
18
o
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1 ORDINANCE. . AMENDING SECTION 15.20.050 . . .TO REQUIRE
LANDSCAPING PRIOR TO ISSUANCE OF A CERTIFICATE OF OCCUPANCY FOR
2 SPECIFIED BUILDINGS VACANT MORE THAN 180 DAYS.
3
Council Members:
ABSTAIN
AYES
NAYS
4
ESTRADA
5
REILLY
6
FLORES
7
MAUDSLEY
8
9
MINOR
POPE-LUDLAM
MILLER
City Clerk
The foregoing resolution is hereby approved this
day
of
, 1990.
W. R. Holcomb, Mayor
19 City of San Bernardino
20 Approved as to
form and legal content:
21
22
23
24
JAMES F. PENMAN,
~/
25
26
27
28
HE/mg/dys/landscp.ord 3
August 29, 1990
~
o
o
1
ORDINANCE NO.
2 ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION
15.20.050 OF THE SAN BERNARDINO MUNICIPAL CODE TO REQUIRE
3 LANDSCAPING PRIOR TO ISSUANCE OF A CERTIFICATE OF OCCUPANCY FOR
SPECIFIED BUILDINGS VACANT MORE THAN 180 DAYS.
4
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
5 DO ORDAIN AS FOLLOWS:
6
SECTION 1.
Section 15.20.050 of the San Bernardino
7 Municipal Code is amended to read as follows:
8 "15.20.050 Application Process.
9 A. The owner shall file a written application accompanied
10 by payment of a fee with the Planning and Building Services
11 Director prior to use or occupancy of the premises or thirty (30)
12 days prior to expiration of an existing Certificate of Occupancy
13 or temporary Certificate of Occupancy. The Planning and Building
14 Services Director shall cause an inspection to be made of the
15 premises within ten (10) working days for compliance with City
16
codes.
If the premises are in compliance with said codes, the
17 Planning and Building Services Director shall issue a Certificate
18 of Occupancy.
19
B.
When an inspection discloses that the premises are not
20 in compliance with the codes, the Planning and Building Services
21 Director shall give written notice of each deficiency to the
22 owner. No Certificate of Occupancy shall be issued to the owner
23
until all deficiencies are corrected.
If the owner fails to
24 correct all said deficiencies within sixty (60) days after the
25 original application was filed, the application shall expire and
26 a new application, plus fees, will be required.
27
28
HE/mg/dys/landscp.ord
August 29, 1990
1
C9
o
o
1 C. For any of the following enumerated categories of
2 buildings, prior to issuance of a Certificate of Occupancy for a
3 building fifty percent (50%) or more of which has been vacant for
4 more than 180 days, the owner shall landscape at least five
5 percent (5%) of the open surfaced parking area in accordance with
6 a landscaping plan approved by the Department of Parks,
7 Recreation and Community Services and by the Department of
8 Planning and Building Services, which may reduce the number of
9 required parking spaces from that previously approved for the
10 site:
11
1.
Commercial buildings exceeding 20,000 square feet
12
13
in floor area; or
2.
Industrial buildings exceeding 30,000 square feet
14 in floor area.
15 D. The owner shall be responsible for making the premises
16 available for inspection by the City."
17 I HEREBY CERTIFY that the foregoing resolution was duly
18 adopted by the Mayor and Common Council of the City of San
19 Bernardino at a meeting thereof, held on the
20 day of , 1990, by the following vote, to wit:
21 / / / /
22 / / / /
23 / / / /
24 / / / /
25 / / / /
26 / / / /
27 / / / /
28
HE/mg/dys/landscp.ord 2
August 29, 1990
o
o
1 ORDINANCE. AMENDING SECTION 15.20.050 . . .TO REQUIRE
LANDSCAPING PRIOR TO ISSUANCE OF A CERTIFICATE OF OCCUPANCY FOR
2 SPECIFIED BUILDINGS VACANT MORE THAN 180 DAYS.
9
10
11
12
13
14
15
16
17
18
3
4
Council Members:
AYES
NAYS
ABSTAIN
City Clerk
The foregoing resolution is hereby approved this
day
of
, 1990.
ESTRADA
5
REILLY
6
FLORES
7
MAUDSLEY
8
MINOR
POPE-LUDLAM
MILLER
W. R. Holcomb, Mayor
19 City of San Bernardino
20 Approved as to
form and legal content:
21
22
23
24
JAMES F. PENMAN,
~/
25
26
27
28
HE/mg/dys/1andscp.ord 3
August 29, 1990