HomeMy WebLinkAbout41-Planning & Building
C',TV pF SAN BERWDINO
- REQUEST WR COUNCIL ACTION
From:Al Boughey, Director
General Plan Amendment No. 91-21/
Subject: Development Code Amendment No. 91-0 ~
A proposal to change the text of thE
RD, RM, RMH and RH to establish
legally existin9 multi-family struct
ures as conform1ng and permitted USE
Mayor and Common Council Meeting
P't:::Ll.ucu.y 3, 1~~2
Dept: Planning & Building Services
Da~: January 15, 1992
Synopsis of Previous Council action:
On Ju~e 2, 1989, the Mayor and Common Council adopted the General Plan.
On June 3, 1990, the Mayor and Common Council adopted the Development Code.
On November 18, 1991, the Mayor and Common council directed staff to initiate
a general plan amendment to establish legally existing multi-family structure
as conforming and permitted uses in multi-family districts.
On January 7, 1992, the Planning Commission recommended that the Mayor and
Common Council approve and adopt General Plan Amendment No. 91-21 and
Development Code Amendment No. 91-09.
Recommended motion:
That the public hearing be closed and that the resolution and the
ordinance be adopted.
Al
Contact person:
Al Boughey
Phone:
384-5357
Supporting data attached:Planning Commission Staff ReporWard: All
FUNDING REQUIREMENTS:
Amount:
N/A
Source: (Acct. No.)
(Acct. DescriPtion)
Finance:
::ouncil Notes:
75.0262
Agenda Item No
1/1
CI~TY pF SAN BER,.DINO - REQUEST "R COUNCIL ACTION
STAFF REPORT
SUBJECT
General Plan Amendment No. 91-21/Development Code
Amendment No. 91-09
Mayor and Common Council Meeting of
February 3, 1992
REOUEST
This city initiated proposal is to amend the text of the RU,
Residential Urban, RH, Residential Medium, RMH, ~esidential Medium
High and RH, Residential High land use designations to allow multi-
family units which were legally established prior to the adoption
of the Development Code on June 3, 1991, to remain as conforming,
permitted uses. The General Plan and the Development Code both
require text changes to accommodate the proposal.
BACKGROUND
Neither the General Plan nor the Development Code contain
provisions to allow preexisting multi-family units to remain as a
permitted use. Many mUlti-family units became legal nonconforming
upon adoption of the General Plan and/or the Development Code. As
such, these uses cannot be expanded or intensified.
ENVIRONMENTAL
The proposed text amendments to the General Plan and the
Development Code have been reviewed for exemption in accordance
with the CEQA Guidelines. section l506l(b) (3) of the Guidelines
states that generally, CEQA applies only to projects which have the
potential to cause a significant effect on the environment. The
new provisions will make existing mUlti-family units legal,
conforming uses in mUlti-family districts. Potential effects on
the City's neighborhoods and districts will only be minimal because
the density permitted by the mUlti-family land use designation,
respectively, cannot be exceeded. The mUlti-family dwelling units
affected by these amendments already exist and any structural
modifications or additions or land use changes will be subject to
the standards in the Development Code. Therefore, the proposed
text amendments will not have a significant effect on the
environment and are not subject to CEQA.
PLANNING COMMISSION RECOMMENDATION
This amendment request for the General Plan and the Development
Code was considered by the Planning Commission at a noticed public
, 5-0264
.
.
.
.
GPA Ho. 11-21/DCA Ho. 11-01
Mayor and Common Council Meeting of
Pebruary 3, 1112
Page 2
hearing on January 7, 1992. The Planning Commission recommended
the adoption of General Plan Amendment No. 91-21 and Development
Code Amendment No. 91-09 to change the text of the General Plan and
the Development Code to establish legally existing mUlti-family
structures as legally conforming, permitted uses.
MAYOR AND COMMON COUNCIL OPTIONS
1. The Mayor and Common Council may adopt the resolution and the
ordinance and approve General Plan Amendment No. 91-21 and
Development Code Amendment No. 91-09 based on the findings in
the resolution and ordinance.
2. The Mayor and Common Council may direct staff to address
alternatives to the text amendment requests.
3. The Mayor and Common Council may deny General Plan Amendment
No. 91-21 and Development Code Amendment No. 91-09.
RECOMMENDATION
Staff recommends that the Mayor and Common Council adopt the
resolution and the ordinance, copies attached, which adopt and
approve General Plan Amendment No. 91-21 and Development Code
Amendment No. 91-09 as presented.
Prepared by:
Deborah Woldruff, Associate Planner
for Al Boughey, Director
Planning and Building Services
Attachment 1: Staff Report to Planning commission
January 7, 1992
Attachments A and B Proposed Text Changes (Not
included - See Attachments 2 and 3)
Attachment 2: Resolution
Attachment A Text Changes to the General Plan
Attachment 3: Ordinance
Attachment A
Attachment B
Attachment C
Attachment D
Purpose Statements (RU,RM,RMH,RH)
Table 04.01
Table 04.03
Land Use District Specific Standards
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CITY OF SAN BEeRDINO PLANNING
AND BUILDING SERVICES DEPARTMENT
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AGENDA ITEM 1 Q
HEARING DATE 1-7-92
WARD Ci :::r..ide
SUMMARY
PROPERTY
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General Plan Ar.e:l.c.:nent :~o.
91-21 and Develo~~ent Code
Amen~ent No. 91-09
APPLICANT: City ::::1itiated
OWNER: Various
A proposal to change the text of the General Plan and the
Oevelopment Code to establish existing mUlti-family
residential units as conforming and permitted uses in
mUlti-family land use districts, (RU, Residential Urban,
RM, Residential Medium, RMH, Residential Medium High and
RH, Residential High), Citywide.
EXISTING
LAND USE
ZONING
GENERAL PLAN
DESIGNATION
N/A
N/A
N/A
N/A
GEOLOGIC / SEISMIC = YES
HAZARD ZONE. XX NO
C SEWERS
j0.~O
= YES )
FLOOD HAZARD = YES = ZONE A
ZONE. ~XNO = ZONE 9
HIGH FIRE ~ YES
HAZARD ZONE: :0: NO
AIRPORT ~OI5Ei = YES
CRASH ZONE.
RE~EVELOPMENT _ YES
PROJECT AREA:
xx NO
~^"O
o NOT .
APPLICABLE
C POTENTIAL SIGNIFICANT Z 0 APPROVAL
EFFECTS WlnH 0
MITIGATING MEASURES -
l- e CONDITIONS
NOE.l.R C
lI.el
- HR REOUIRED BUT NO II.Z 0 DENIAL
L... SIGNIFiCANT EFFECTS CW
WlnH MITIGATING Ii;~
MEASURES C CONTINUANCE TO
0
C SIGNIFICANT EFFECTS (.)
SEE ATTACHED E.RC W
MINUTES a:
:::II~.g.D2 PaGE 1 OF I ..iCl
Attachment 1
EXEMPT
o NO SIGNIFICANT
EFFECTS
"
OBSERVATIONS
CASE. 91-21/DCA 9:-09
AGENDA ITEM 1(1
HEARING DATE l-i-92
PAGE 2
.
'f CITY OF SAN BER.DINO PLANNING
AND BUILDING SERVICES DEPARTMENT
,.
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REOUEST ~~ ~CATION
This proposal is to amend the text of the RU, Residential Urban,
RM, Residential Medium, RMH, Residential Medium High and RH.
Residential High land use designations to allow multi-family units
which were legally established prior to the adoption of the General
Plan on June 2, 1989, to remain as conforming, permitted uses. The
General Plan and the Development Code both require text changes to
accommodate the proposal.
BACJtGROtJND
The General Plan does not include specific language addressing
provisions to allow preeXisting multi-family units to remain as a
permitted use. Many mUlti-family units became legal nonconforming
upon adoption of the General Plan and/or the Development Code. As
such, these uses cannot be expanded or intensified.
CALIFORNIA ENVIRONMENTAL OUALITY ACT (CEOAI STATUS
The proposed text amendments to the General Plan and the
Development Code have been reviewed for exemption in accordance
with the CEQA Guideline~. Section 15061(b) (3) of the Guidelines
states that generally, CEQA applies only to projects which have the
potential to cause a significant effect on the environments. The
multi-family dwelling units affected by these amendments already
exist. The new provisions will make the units legal, conforming
uses ~nd will allow for physical modifications and additions in
accordance with current standards.
Similarly, the multi-family districts affected will not be impactEd
since the density permitted cannot be exceeded. Therefore, the
proposed text amendments will not have a significant effect on the
environment and are not subject to CEQA.
COMMENTS ~CEIVED
No comments received
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CITY OF SAN BER ARDINO PLANNING
AND BUILDING SERVICES DEPARTMENT
CASE r.::>~ '11_'1 I\)C~ 91-Q~
OBSERVATIONS
AGENDA ITEM
HEARING DATE
PAGE
10
l-i-92
3
r
AnLYSIS
Gl!:NEUL PLAN AND DEVELOPMENT CODS PROVISIONS
Many of the City's mUlti-family units are classified as
nonconforming structures and uses for reasons relating to newer
code standards such as lot size, setbacks or, in some cases
density. While some of these units became nonconforming as a
result of new City policies and standards, other such units were
classified as nonconforming by being located in an areas recently
annexed to the city,
The General Plan contains policy (General Plan policies 1.7.9)
which allows these multi-family units to continue as nonconforming
str'.lctures in any land use district. However, nonconforming status
only allows for the maintenance of such units and their minimal
expansion. The only other provision is contained in General Plan
.Policy 1.7.10 which allows for reconstruction of residential
buildings in the event of their destruction due to catastrophe.
Other language in the General Plan addresses the City'S recognition
of existing neighborhoods as important resources that must be
maintained. In the preamble to the General Plan, stable and well
maintained neighborhoods are identified as important contributors
to the overall quality of'life of City residents. This view is
reiterated in the Land Use Element as a City goal, as follows:
It shall be a goal of the City .
. to:
"Achieve a pattern and distribution of land uses which
a.
retain and enhance
neighborhoods. . .;
established
residential
b. provide for the revitalization, adaptive reuse, and
upgrade of deteriorated neighborhoods. . .,
c. provide distinctive and compatible residential
neiqhborhoods . . .;
. . .
m.
provide a high quality of
environment for the city's
(General Plan Goal lG)
life and
residents
secure
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CITY OF SAN BER ARDINO PLANNING
AND BUILDING SERVICES DEPARTMENT
CASE PA 91-21/DCA 91-09
OBSERVATIONS
AGENDA ITEM
HEARING DATE
PAGE
10
1-7-92
4
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This airection is continuea in other chapters of the General Plan.
The Housing Element is concernea with meeting the City's housing
neeas particularly with regard to affordable housing. General Plan
Goal 2B focuses on the conservation and upgraae of existing housing
which constitutes some of the City I S affordable housing stock. The
emphasis, however, is on the intent to retain ana enhance existing
residential structures.
The passages citea signify that the basic intent
Plan with regard to existing residential uses,
continuation.
of the General
is for their
COKPATIBILITY, CONSISTENCY AND COKPLIANCE
since the mUlti-family structures in question are already existing
in multi-family districts, compatibility ,is not an issue. Staff
reviewed the proposal and determined that no environmental impacts
woula result.
The proposed text amendment to the Land Use Element is internally
consistent as indicated by General Plan Goal lG (and others) which
encourages that established residential neighborhoods be retained
and enhanced. The limitations of nonconforming status imposed upon
some mUlti-family units,. because of noncompliance with new
standards, make it difficult to achieve this goal. The proposed
text changes remove the limitations of nonconformity.
Similarly, staff has reviewed the Development Code t~ ensure that
the text amendments to Chapters 19.04 (Residential Districts) are
internally consistent.
All new construction, as well as construction of additions to
existing structures, must adhere to the requirements, standards
and design quidelines of the Development Code.
PllOPOSED TEft AKEN'DKENTS
As statea, this amendment proposal would result in text changes to
both the General Plan ana the Development Code. The text changes
would establish existing mUlti-family structures as conforming uses
in the RU, RK, RMH ana RH lana use aesignations. The objective is
to remove the nonconforming status in order to ensure the
continuation of such structures, allow for more than minimal
expansion ana/or rehabilitation and reconstruct:.on following a
catastrophe. It should be noted that any proposed additions or
....
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Pl.AN-I.OI PAGE' OJ: 1
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CITY OF SAN BER DINO PLANNING
AND BUILDING SERVICES DEPARTMENT
CASE FA 91-21/DCA 91-09
OBSERVATIONS
AGENDA ITEM
HEARING DATE
PAGE
10
1-7-92
5
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alterations to an existing multi-family structure would be subject
to the requirements of the multi-family land use district in which
the project is located.
Existing multi-family str.Jctures located in single-family,
commercial, industrial or any other land use district would still
be nonconforming and subject to the corresponding General Plan
policies and Development standards.
CONCLOSION
Specific passages contained in the General Plan reflect the intent
to retain and enhance established residential neighborhoods. The
limitations of nonconformity imposed upon existing mUlti-family
units inhibit the achievement of General Plan goals.
Since this proposal will apply to existing multi-family structures,
no significant environmental effects have been identified. As
such, compatibility in mUlti-family districts is not an issue.
Establishing these structures as legal conforming uses is
consistent with General. Plan goals and policies specifically
relating to conservation of the City's housing stock and the
retention and enhancement of established neighborhoods. The text
changes will establish existing multi-family structures as
conforming uses in specified multi-family districts. The result
is t~at the policies, standards and requirements for nonconforming
uses will no lonqer apply.
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CITY OF SAN BER ARDINO PLANNING
AND BUILDING SERVICES DEPARTMENT
CASE GPA 91-21/DCA 91-09
OBSERVATIONS
AGENDA ITEM
HEARING DATE
PAGE
10
1-7-92
6
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J'YHDINGS
G!:NBRAL PLAN AHEHDXBNT
The proposal to change the text of the RU, Residential Urban, RH,
Residential Medium, RMH, Residential Medium High and RH,
Residential High designations to establish existing mUlti-family
structures as conforming uses is internally consistent with the
goals established in the General Plan.
All elements of the text amendment proposal would not be
detrimental to the public interest, health, safety, convenience,
or welfare of the City.
The elements of the proposed text amenclllient would maintain the
appropriate balance of land uses within the City.
DBVBLOPMENT COD!: AMENDXBNT
The proposal to change the text of the Development Code to allow
mul ti-family structures which existed in multi-family districts
prior to June 2, 1989, to remain as permitted uses is consistent
with the General Plan.
All elements of the proposed text amendment would not be
detrimental to the public interest, health, safety, convenience,
or welfare of the City.
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. r v CITY OF SAN BERaDINO PLANNING
AND BUILDING SERVICES DEPARTMENT
CASE.A 91-;::/DCA 91-09
10
1-7-92
7
OBSERVATIONS
AGENDA ITEM
HEARING DATE
PAGE
...
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UCOMMENDA'l'IOIf
Staff recommends that the Planning Commission make a recommendation
to the Mayor and Common Council that:
The text of the General Plan and the Development Code be
changed to establish existing multi-family structures as
conforming uses in multi-family districts.
RespectfullrjSUbmitted,
(it l!:4;.d'h
Al Bouqa~ ~ or
Planning~ Building Services
i'\ ' .1 '. I 'i' I
r !U~,~"""i~' "A,iX..1.:.:,~/~
\ DeboraK Wo!druff ,.~
'Associate Planner
jdw
Attachments:
A - Proposed Text Changes for the General Plan
B - Propo~ed Text Changes for the Development Code
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~LAN.8:a OAGE' OJ:' ,
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_olution No.
.
1 RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING AND
APPROVING GENERAL PLAN AMENDMENT NO. 91-21 TO THE GENERAL PLAN
2 OF THE CITY OF SAN BERNARDINO.
3
BE IT RESOLVED BY THE MAYOR AND THE COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
4
5
6
adopted by the Mayor and Common Council by Resolution No. 89-
7
SECTION 1.
Recitals
(a)
The General Plan for the City of San Bernardino was
159 on June 2, 1989.
8
(b) General Plan Amendment No. 91-21 to the General Plan
9
of the City of San Bernardino was considered by the Planning
10
11
12
13
14
Commission on January 7, 1992, after a noticed public hearing,
and the Planning commission's recommendation of approval has
been considered by the Mayor and Common Council.
(c) The Planning commission determined that General Plan
Amendment No. 91-21 was exempt from CEQA in accordance with
15 Section 15061(b) (3) of the CEQA Guidelines which states that
16
CEQA only applies to projects that have the potential to cause
17 a significant effect on the environment.
18
19
20
21
22
23
(d)
The Mayor and Common Council held a noticed public
hearing and fully reviewed and considered proposed General
Plan Amendment No. 91-21 and the Planning Commission Staff
Report on February 3, 1992.
(e)
The adoption of General Plan Amendment No. 91-21 is
deemed in the interest of the orderly development of the City
24 IIII
25 IIII
26 IIII
27 IIII
28
1
,
.
.
1 and is consistent with the goals, objectives and policies of
2 the existing General Plan.
3 SECTION 2. Findinas
4 BE IT FURTHER RESOLVED by the Mayor and Common Council
5 of the city of San Bernardino that:
6 A. The proposed amendment to change the text of the RU,
7 Residential Urban, RM, Residential Medium, RMH,
8 Residential Medium High and RH, Residential High land use
9 designations to establish legally existing mUlti-family
10 structures as conforming and permitted uses is internally
11 consistent with the goals established in the General
12 Plan.
13 B. All elements of the text amendment would
14 detrimental to the public interest, health,
15 convenience, or welfare of the City.
16 C. The elements of the proposed text amendment would not
17 affect the appropriate balance of land uses within the
18 City.
19 SECTION 3. Amendment
20 BE IT FURTHER RESOLVED by the Mayor and Common Council
21 that:
22 A. The text of the General Plan of the City of San
23 Bernardino is amended by adding Policy 1.12.12 to section
24 d. Residential Urban, Permitted Use. Densi tv. and Heiaht
25 policies located on page 1-60; and adding Policy 1.13.14
26 to Section e. Residential Multi-Familv. Permitted Use.
27 IIII
28 IIII
not be
safety,
2
v
.
.
Densitv. and Heiqht policies located on page 1-62 of the
Land Use Element, entitled Attachment 2 (A-1 through A-
3). This amendment is designated General Plan Amendment
No. 91-21 a copy of which is attached and incorporated
herein by reference. [Attachment 2 (A-1 through A-3)]
General Plan Amendment No. 91-21 shall be effective
1
2
3
4
5
6 B.
7
8
9 This resolution and the amendment affected by it shall
10 be noted on the appropriate General Plan pages that have been
previously adopted and approved by the Mayor and Common
Council and which are on file in the office of the City Clerk.
immediately upon adoption of this resolution.
SECTION 4. Text Notation
11
12
13
14
15
16
17
18 No. 91-21-
19 IIII
20 IIII
21 I I I I
22 IIII
23 IIII
24 IIII
25 IIII
26 IIII
27
28
Notice of Exemption
SECTION 5.
The Planning Division is hereby directed to file a Notice
of Exemption with the County Clerk of the Board of the County
of San Bernardino certifying the City's compliance with CEQA
in determining the exemption status of General Plan Amendment
3
.~ RESOLUTION. . .OPTING AND APPROVING GE&L PLAN AMENDMENT
NO. 91-21 TO THE GENERAL PLAN OF THE CITY OF SAN BERNARDINO.
1
2
adopted by the Mayor and Common Council of the City of San
I HEREBY CERTIFY that the foregoing resolution was duly
3 Bernardino at a
4 the day of
5 vote, to wit:
6 Council Members: AYES
7 ESTRADA
8 REILLY
9 HERNANDEZ
10 MAUDSLEY
11 MINOR
12 POPE-LUDLAM
13 MILLER
14
15
16
meeting therefore, held on
, 1992, by the following
NAYES
ABSTAIN
ABSENT
City Clerk
17 The foregoing resolution is hereby approved this
18 day of , 1992.
19
20
21
Approved as to
22 form and legal content:
23
24
25
W.R. Holcomb, Mayor
City of San Bernardino
JAMES F. PENMAN
CityAAttorney
by:k~? r ;I,}"J.,~_
26 U
27
28
4
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d. Residential Urban
Obiective
It shall be the objective of the City of San Bernardino to:
1.12 Promote the development of single-family detached and attached, duplex,
mobile home parks, and small lot subdivisions where the intent is to
consolidate lots to achieve more open space.
Policies
It shall be the policy of the City of San Bernardino to:
Permitted Use. Density. and Hei~ht
1.12.10
Permit the development of single-family detached units, mobile home
parks... small lot single-family unit subdivisions, and multi-family units at
a density of up to 9 units per gross acre and height of two stories and loft
(35 feet) in areas designated as "Residential Urban" (RU-l and RU-2) (11.1
and 11.2).
1.12.11 Permit the development of senior citizen and senior congregate care
housing to a maximum density of 14 units per net acre and height of two
stories provided that a marketing and financing analysis is conducted
which determines long-term feasibility; a plan is prepared for the
conversion of seniors units to standard units, with a corresponding
reduction in the nllII}.ber of units, if the project is not occupied by qualified
. seniors; and all Code requirements are met (11.1).
**1.12.12 See Page 1-62A
Densitv and Development Guidelines
I
1.12.30 Require the following minimum lot sizes:
,
!
a. two single-family units or a duplex: 7,200 square feet in areas
designated as RU-l;
b. two single-family units or duplexes on existing lots of record, recorded
as of the date of the adoption of this Plan, having 6,200 square feet or
greater in areas designated as RU-2;
c. small lot subdivisions: 5,000 square feet, as a part of a Planned
Residential Development;
d. clustering of permitted units (11.1 and 11.2).
,
1-60
2/92
Attachment 2
(A-I)
,
Policies
.
e
It shall be the policy of the City oi San Bernardino to:
Permitted Use. Density and Hei!;ht
1.13.10
1.13.11
1.13.12
Permit the development of multi-family townhomes and apartments at a
density of 9.1 to 14 units per net acre and height of three stories (42 feet) in
areas designated as "Residential Medium" (RM) 01.1 and 11.2).
Permit the development of multi-family condominiums and apartments at
a density of 14.1 to 24 units per net acre and height of three stories (42 feet)
in areas designated as "Residential Medium High" (RMH) 01.1 and 11.2).
Permit the development of multi-family condominiums and apartments at
a density of 24. I to 36 units per net acre and height of four stories (56 feet)
in areas designated as "Residential High" (RH) (11.1 and 11.2).
1.13.13 Permit the development of senior citizen and senior congregate care
housing at a density of 50 percent greater than that allowed in the
residential zone in accordance with the conditions of Policy 1.12.11 (11.1).
***1.13.14 See Page 1-62A
Design and Development Guidelines
1.13.30
1.13.31
1.13.32
(
Require a minimum lot size of 14,400 square feet for the development of
multi-family units at the RM density; lots of smaller size shall be
developed at the RU-1 and RU-2 density in accordance with Policies
1.12.10 through 1.12.35 (11.1 and 11.2).
Require a minimum lot size of 20,000 square feet for the development of
multi-family units at the R\fH and RH densities; lots of 14,400 to 20,000
square feet may be developed at the RM density and lots of less than
14,400 square feet may be developed at the RD-1 and RU-2 density in
accordance with Policies 1.12.10 through 1.12.35 (11.1 and 11.2).
Require that multi-family residential developments convey a high quality
and distinctive neighborhood character, including:
a. use of materials, colors, and iarms that are typical of lower density
residential areas;
b. differentiation of facades and elevations by the use of offset planes and
cubic volumes, articulation of building details (columns, beams, etc.),
inclusion of balconies, arcades, or recessed or projecting windows to
convey a three-dimensional sense, and other techniques which avoid
"box" -like structures;
1-62
2/92
Attachment 2
(A-2)
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Add **
Add ***
. e
1.12.12 Allow existing multi-family units to remain as
a conforming, permitted use in areas designated
as "Residential Urban" (RU-1 and RU-2) (ILl
and II. 2) .
1.13.14 Allow existing multi-family units to remain as
a conforming, permitted use in areas designated
"Residential Medium" (RM), "Residential Medium
High" (RMH) and "Residential High" (RH) (ILl
and 11.2).
Page l-62A
2/92
'Attachment 2
(A-3)
"
tit Ordinance No.
e
ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTIONS
1 19.04.010(2) (D. AND E.) AND 19.04.030(2) (L.- P.) AND TABLES 04.01
AND 04.03 OF THE SAN BERNARDINO MUNICIPAL CODE (DEVELOPMENT CODE)
2 TO ESTABLISH LEGALLY EXISTING MULTI-FAMILY STRUCTURES AS PERMITTED,
CONFORMING USES IN THE RU, RESIDENTIAL URBAN, RM, RESIDENTIAL
3 MEDIUM, RMH, RESIDENTIAL MEDIUM HIGH AND RH, RESIDENTIAL HIGH LAND
USE DISTRICTS CITYWIDE AND TO ESTABLISH STANDARDS FOR ADDITIONS,
4 ALTERATIONS AND EXPANSIONS TO SUCH STRUCTURES.
5 THE MAYOR AND THE COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
DO ORDAIN AS FOLLOWS:
6
7
SECTION
Section
RU
1.
Page
II-2,
19.04.010(2) (D),
(RESIDENTIAL URBAN) DISTRICT is amended to add to the end of the
8
paragraph a sentence to read: "Multi-family units which legally
9
existed in the RU-1 and RU-2 districts prior to June 3, 1991 may
10
11
12
13
remain as a permitted use."; See Attachment 3 (A), (Page II-2 of
the Development Code) attached hereto and incorporated herein by
reference.
Page II-2, Section 19.04.010(2) (E), (RESIDENTIAL MULTI-FAMILY
14 DISTRICTS), RM, Residential Medium, RMH, Residential Medium High
15 and RH, Residential High Districts, is amended to add to the end
16 of the second paragraph a sentence to read: "MUlti-family units
17
18
19
20
21
22
23
24
25
26
which legally existed in the mUlti-family districts prior to June
3, 1991 may remain as a permitted
use.lI;
See Attachment 3
(A) ,
(Page
II-2
of
the
Development
Code)
attached
hereto
and
incorporated herein by reference.
SECTION 2.
Section
Page II-4,
19.04.020,
Table 04.01,
PERMITTED, DEVELOPMENT PERMITTED, AND CONDITIONALLY PERMITTED USES,
is amended as follows: [See Attachment 3 (B), (Page II-4 of the
Development
Code)
attached
hereto and incorporated herein by
reference. ]
IIII
27 IIII
28
1
1
2
3
4
5
6
7
8
9 SECTION 3. Page 11-12, section 19.04.030, Table 04.03,
10 RESIDENTIAL DISTRICTS SPECIFIC STANDARDS, is amended as follows:
11 [See Attachment 3 (C), (Page II-12 of the Development Code)
12 attached hereto and incorporated herein by reference.]
13 a) Reletter Item L. Planned Residential Development to Item
14 M.;
15 b) Add Item L. Multi-Family Housing, Existing;
16 c) Reletter Item M. Recreational Vehicle Storage to Item N. ;
17 d) Reletter Item N. Second Dwelling Unit/"Granny" Housing
18 to Item 0.;
19 e) Reletter Item o. Senior Citizen/Congregate Care Housing
20 to Item P.;
21 f) Reletter Item P. Small Lot Subdivision to Item Q.
22 SECTION 4. Pages 11-23 through 11-31, section 19.04.030(2),
23 LAND USE DISTRICT SPECIFIC STANDARDS, are amended as follows: [See
24 Attachment 3 (D-1 through D-5), Pages 11-23, 11-24, 11-27, 11-29
25 and 11-31, attached hereto and incorporated herein by reference.]
26 a) Reletter Item L. PLANNED RESIDENTIAL DEVELOPMENT/SMALL
27 LOT SUBDIVISIONS to Item M.;
28 ////
"
a)
b)
c)
d)
.
.
Reletter Item L. Planned Residential Development to Item
M.;
e)
f)
Add Item L. MUlti-Family Dwellings, Existing;
Reletter Item M. Second Dwelling Unit to Item N.;
Reletter Item N. Senior Citizen/Congregate Care Housing
to Item 0.;
Reletter Item o. Single Family Dwellings to Item P.;
Reletter Item P. Small Lot Subdivision to Item Q.
2
'/.
1
2
3
4
5
6
7
8
9
10
11
12
13
14 f)
15
16 IIII
17 IIII
18 IIII
19 IIII
20 IIII
21 IIII
22 IIII
23 IIII
24 IIII
25 IIII
26 IIII
27 IIII
28 IIII
b)
.
.
c)
Add Item L. MULTI-FAMILY HOUSING, EXISTING:
"L. MULTI-FAMILY HOUSING, EXISTING
Additions, alterations and expansions to multi-
family housing which legally existed prior to June
3, 1991, shall comply with the standards of the
multi-family district in which the project is
located.";
Reletter Item M. RECREATIONAL VEHICLE STORAGE FACILITIES
to Item N.;
Reletter Item N. SECOND DWELLING UNIT/"GRANNY" HOUSING
DESIGN STANDARDS to Item 0.;
Reletter Item o. SENIOR CITIZENICONGREGATE CARE HOUSING
DESIGN STANDARDS to Item P.;
Reletter Item P. SMALL LOT SUBDIVISION STANDARDS to Item
Q.
d)
e)
3
y
I
.
e
10RDINANCE...AMENDING SECTIONS 19.040.010(2) (D. AND E.) AND
19.04.030(2) (L. THROUGH P.) AND TABLES 04.01 AND 04.03 OF THE SAN
2 BERNARDINO MUNICIPAL CODE (DEVELOPMENT CODE) TO ESTABLISH LEGALLY
EXISTING MULTI-FAMILY STRUCTURES AS PERMITTED, CONFORMING USES IN
3 THE RU, RESIDENTIAL URBAN, RM, RESIDENTIAL MEDIUM, RMH, RESIDENTIAL
MEDIUM HIGH AND RH, RESIDENTIAL HIGH LAND USE DISTRICTS CITYWIDE
4 AND TO ESTABLISH STANDARDS FOR ADDITIONS, ALTERATIONS AND
EXPANSIONS TO SUCH STRUCTURES.
5
6 by the Mayor and Common Council of the City of San Bernardino at
I HEREBY CERTIFY that the foregoing ordinance was duly adopted
7
8
meeting therefore, held on the
day of
a
, 1992, by the following vote, to wit:
9 Council Members: AYES NAYS ABSTAIN ABSENT
10 ESTRADA
11 REILLY
12 HERNANDEZ
13 MAUDSLEY
14 MINOR
15 POPE-LUDLAM
16
17
18
MILLER
City Clerk
19
The foregoing resolution is hereby approved this
day
20 of
21
22
23
24
, 1992.
W.R. Holcomb, Mayor
City of San Bernardino
Approved as to
form and legal content:
JAMES F. PENMAN
25 City ~ttorney
.;>,
26 """"'.......
27
28
4
.
&E:'ITIAL DISTRICTS -19.04
..
2. The pt:rpose of the individual residential land use districts is as follows:
A. RE (RESIDENTIAL ESTATE) DISTRICT
This district is intended for low density residential units located on large
lots and conveying an "estate" character with a minimum lot size of 1
gross acre per unit.
B. RL (RESIDENTIAL LOw) DISTRICT
This district is intended to promote the development of low-density, large
lot, single-family detached residential units with a minimum average lot
size of 10,800 square feet. The RL district allows a maximum density of
3.1 units per gross acre. .
C. RS (RESIDENTIAL SUBURBAN) DISTRICT
This district is intended to promote the development of single-family
detached units in a suburban setting with a minimum lot size of 7,200
square feet, and a maximum density of 4.5 units per gross acre.
D.
RU (RESIDENTIAL URBAN) DISTRICT
These districts are intended to promote the development of detached and
attached units, duplex, mobile home parks, and small lot subdivisions as
part of a planned residential development where the intent is to con- ;
solidate lots to achieve maximum open space. The RU-1 and RU-2 dis-
tricts require a minimum lot size of 7,200 square feet. However, on exist-
ing lots of record, recorded prior to June 2, 1989, a minimum lot area of
6,200 square feet and existing lot widths and depths are permitted. The
RU district allows a maximum density of 8 units per gross acre, and per-
mits the development of senior citizen and senior congregate care housing
at a maximum density of 12 units per gross acre with a marketing
feasibilitv study and a conversion DIm. Mul ti-famil~ units which legally
existed in the RU-l and RU-2 districts pr~or to June 3, 1991,
RESIDENIlAL MULTI-FAMILY DISTRICTS may remain as a permitted
u""'use.
(~~ ~
E.
These districts are intended to promote the development of multi-family
townhomes, condominiums, and apartments. .
All multifamily land use districts require a reduced density if the mini-
mum lot size for the district is' not met, and shall comply with maximum
densities provided in Table 04.02-
Multi-family units which leqally existed in the multi-
family districts prior to June 3, 1991, may remain as
a permitted use.
,
.-- .
(Additions to text are underlined)
n-2
Attachment 3
In \
2/92
0-4
Attachment 3
I'"~
2/92
, . WDENTIAL DISTRlcrS -19.04
2- LAND USE DISTRICT SPECIFIC STANDARDS
In addition to the general development requirements contained in Chapter 19.20
(Property Development Standards), the following standards shall apply to
specific residential districts:
TABLE 04.03
RESIDENTIAL DISTRICTS
SPEOFIC STANDARDS
Specific Standards RE RL RS RU RM RMH RH CO-1.2 CG-2 CIR-2
A. Accessory +. +. +. +. +. +. +. +. +. +.
Structures
B. Day Care Facility +. +. +. +. +. +. +. +. +. +
C. Density Bonus/ +. +. + +. +. +. + +. +. +
Affordable Housing
or Amenities
D. Front/Rear Yard +. +. +. + +
Averaging
E. Golf Courses & +. +. +. +. +. +. +
Related Facilities
F. Guest House + +. +. +.
G. Minimum Room Size +. + +. +. +. + +. + +. +. (
H. Minimum Dwelling +. +. + +. +. + + +. + +
Size
1 Mobile Home & + +. + +. +. + +
Manufactured
Housing
J. Mobile Home Park + + +. +. +. + +
or Subdivision
** K Multiple Family Housing +. +. + + + +.
M. Planned Residential +.
Development
N. Recreational + + + +. +. + +.
Vehicle Storage
o. Second Dwelling +. +. + +. +. + +
Unit/"Granny"Housing
p. Senior Citizen! +. +. + + + + +.
Congregate Care Housing
Q. Small Lot Subdivision +
** L.Multi-Family Ho~si~g, +. +. +. +.
Key: "+." applies in ih~~aZUk district.
D-ll
Attachment 3
Ie)
2/92
y
.
eoENTIAL DISTRICTS -19.04
3. All multi-family developments shall provide recreational amenities
within the site which may include: a swimming pool; spa; clulr
house; tot lot with play equipment; piatic shelter - barbecue area;
court game facilities such as tennis, basketball, or racquetball; im-
proved softball or baseball fields; or, day care facilities. The type of
amenities shall be approved by the Director and provided accord-
ing to the following schedule:
1 Jnits AmPnit'i~
()"11 0
12-50 1
51-100 2
101-200 3
201-300 4
Add 1 amenity for each 100 additional units or fraction thereof.
4. Off-street parking spaces for multi-family residential developments
shall be located within 150 feet from the dwe1ling unit (front or rear
door) for which the parking space is provided.
5. Each dwe1ling unit shall be provided a minimum of 150 cubic feet
of private enclosed storage space within the garage, carport, or im-
mediately adjacent to the dwelling unil
6. Driveway approaches within multiple family developments of 12 or
more units shall be delineated with interlocking pavers, rough-tex-
tured concrete, or stamped amcrete and landscaped medians.
7. All parts of all structures shall be within 150 feet of paved access for
single story and 50 feet for multi-story.
8. Common laundry facilities of sufficient number and accessibility
consistent with the number of living units and the Uniform Build-
ing Code shall be provided...
9. Each dwe1ling unit shall be plumbed and wired for a washing
machine and dryer.
10. Management and security plans shall be submitted for review and
approval for multi-family developments with 12 or more dwe1ling
units. These plans shall be comprehensive in scope.
L. MULTI-FAMILY HOUSING, EXISTING
Additions, alterations and ex ansions to multi-famil housin
which ega y existed prior to June 3, 1991, sha 1 comply w1th
the standards of the multi-family district in which the project
is located.
\
"-- (Additions to text are underlined)
D.23
Attachment 3
(0-1)
2/92
.
rENTlAL DISTRICTS -19.04
M. PLANNED RESIDENTIAL DEVELOPMENT/SMALL LOT SUBDIVISIONS
Planned Residential Development (PRO) including Oustered Sub-
divisions and Small Lot Divisions are permitted in Residential Urban
Land use districts subject to Development Permit review. Attached and
detached single-family dwelling units are permitted. The purpose of al-
lowing these types of developments is to promote residential amenities
beyond those expected in conventional residential developments, to
achieve greater flexibility in design, to encourage well planned neighbor-
hoods through creative and imaginative planning as a unit, to provide for
appropriate use of land which is sufficiently unique in its physical charac-
teristics or other circumstances to warrant special methods of develop-
ment, to reduce development problemS in hillside areas and to preserve
areas of natural scenic beauty through the encouragement of integrated
planning and design.
1. Densitr
The underlying residential land use district or the Hillside Manage-
ment Overlay District shall determine the maximum number of
dwelling units allowed in a PRO or Small Lot Subdivision. Where
a parcel or parcels have more than one land use district, the maxi-
mum number of dwelling units shall be determined by adding
together the allowable density for each land use district area. Den- {
sity transfer throughout the PRO project area is permitted for the
promotion of clustering units in those areas suited to development,
and thus preserving the open space and natural features of the site.
(See Hillside Management Overlay District for restrictions to on-
site density tiansfer.)
2. Minimum Lot Size
The minimum lot size for a deta~ed single-family unit in a Small
Lot Subdivision shall ~ 5,0Q0.square feet. PRO's may create lot
sizes to accommodate the creation of attached single-family dwell-
ing units or Oustered Subdivisions.
3. Site Coverale
Structures shall not occupy more than 40% of the gross site area.
4. Structure HeiptINumber of Attached Dwellinl Units
Detached single-family structures shall not exceed 2-1/2 stories, or
35 feet. Attached single-family structures shall not exceed 3 stories
or 4: feet. The maximum average number of single-family units at-
tad.ed :n any mar.:\er to form a single structure shall be 6.
iI-2t
Attachment 3 2/92
(D-2)
.
.ENTlAL DISTRIC!S -19.04
N. RECREATIONAL VEHICLE STORAGE FACLITIES
Developments within the multi-family land use districts and with 12 or
more dwelling units, shall provide recreational vehicle storage facilities.
The storage facilities shall be reviewed as part of the Development Permit
and shall be constructed in the following manner:
1. Centralized storage areas shall be provided for recreational
vehicles, boats, etc., at a minimum of 1 space for each 8 dwelling
units. Any fractional space requirementshall be construed as re-
quiring 1 full storage space pursuant to Chapter 19.24 (Off-Street
Parking Standards).
2 Individual storage spaces shall measure not less than 12 feet by
30 feet, and shall have direct access to a driveway with a minimum
paved width of 25 feet.
3. Storage areas shall be paved and drained.
4. Storage areas shall be completely screened from exterior view
by a combination of landscaping, masonry walls, fences or other
comparable screening devices 8 feet in height, subject to the ap-
proval of the Director.
O. SECOND DWELUNG UNlTf'GRANNY" HOUSING DESIGN STANDARDS
Second dwelling units require a Development Permit and shall be con- .
structed in the following manner:
.
1. No more than 1 second dwelling unit shall be permitted on
any parcel or lot
2 A second dwelling unit may only be permitted on a residential
lot on which there is already built 1 owner occupied single-family
detached dwelling unit (main unit).
3. A second dwelling unit may not be permitted on residential lots
already having 2 or more dwelling units.
4. The parcel upon which the second dwelling unit is to be established
shall conform to all standards of the land use district in which it is
located.
5. Any increase in the floor area of an attached second unit shall not
exceed 30% of the existing living area of the main dwelling.
6. The total area of floor space for a detached second unit shall not
exceed 1200 square feet.
U-27
Attaqhment 3
(D-3)
2/92
.
.ENTIAL DISTRICTS .19.ll4
,
P. SENIOR OTIZEN/CONGREGATE CARE HOUSING DESIGN STANDARDS
Senior group housing developments are subject to Development Permit
review and shall be constructed in the following manner.
1. A bus turnout and shelter on the on-site arterial frontage shall be
dedicated if the project is located on a bus route as determined by
the Director.
2 Dial-a-ride transportation shuttles shall be provided; number
to be determined during project review.
3. The parcel upon which the senior group housing facility is to
be established shall conform to all standards of the underlying land
use district.
4. The senior group housing shall conform with all local, state, and
federal requirements.
5. The number of dwelling units shall be based on Table 4.02 (Residential
Development Standards).
6. The minimum floor area for each residential unit shall be as
follows:
Studio:
410 square feet
One-bedroom;
510 square feet if kitchen-dining
living areas are combined.
570 square feet if kitchen-dining
living areas are separate.
Two-bedroom;
'610 square feet if kitchen-dining
living areas are combined.
670 square feet if kitchen-dining
living areas are separate.
7. The main pedestrian entrance to the development, common areas,
and the parking facility shall be provided with handicapped access
pursuant to Section 19.24.050.
8; Indoor common areas and living units shall be handicap adaptable
and be provided with all necessary safety equipment (e.g., safety
bars, etc.), as well as emergency signal/intercom systems as deter-
mined by the Director.
D-29
Attachment 3
(D-4)
2/92
RIIDENTIAL DISTRICI"S -19.114
.
f. Senior citizen/ congregate care parking requirements may be
adjusted on an individual project basis, subject to a parking
study based on project location and proximity to services for
senior citizens including, but not limited to medical offices,
shopping areas, mass transit, etc.
.
(
15. The project shall be designed to provide maximum security for
residents, guests, and employees.
c
16. Trash receptacle(s) shall be provided .on the premises. Trash
receptacle(s) shall comply with adopted Public Works Department
Standards and be of sufficient size to accommodate the trash
generated. The receptacle(s) shall be screened from public view on
at least 3 sides by a solid wall 6 feet in height and on the fourth
side by a solid gate not less than 5 feet in height The gate shall be
maintained in good working order and shall remain closed except
when in use. The wall and gate shall be architecturally compatible
with the surrounding buildings and structures. The receptacle(s)
shall be located within close proximity to the residential units
which they are intended to serve.
17. Residential occupancy shall be limited to single persons over
60 years of age or married couples of which one spouse is over 60
years of age.
18. Developers of Senior Citizen/Congregate Care housing which have
a density larger than that allowed in the underlying land use district,
shall provide a marketing analysis which analyzes long term feasibility
and a conversion plan of Senior residential units to standard units, with
a corresponding reduction in the number of units to equal the density
allowed in the underlying land use district if the project is not occupied
by Seniors 60 years of age or older. The feasibility study and conversion
plan shall not be required if the project is sponsored by any government
housing agency, the City's Development Department or a non-profit
housing development corporation. If the proposed project is to be
located in the CD-I, CD-2land use district the conversion plan shall
address the transformation of residential units into the uses allowed
in the Commercial Office land use districts.
19. All parts of all structures shall be within 150 feet of paved access for
single-story and SO feet for multi-story.
Q.
SMALL LOT SUBDMSION STANDARDS
l....
Standards for small lot subdivisions are located in Subsection L (Planned
Residential Development Standards) of this chapter.
D-31
Attachment 3
CD-5)
2/92