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HomeMy WebLinkAbout68-Planning & Building cttv OF SAN BERNAREAO,fREQUAT FOR COUNCIL AC~N ttltJ.om: ~Pt: Larry E. Reed Director of Planning and Building Subject: Approval of Addition to a Legal Non-Conforming Residential Struc- ture per Code Section 19.66.030 Mayor and Council Meeting of December 18, 1989, 2:00 p.m. Planning Date: December 5, 1989 Synopsis of Previous Council action: On November 21, 1989, the Planning Commission, by a 5 to 0 vote, recommended that the Council approve the addition to a legal, non- conforming residential structure. No previous Council action. ~: : I r ~.I f."-"t ,-. '..,1 t ~, C'"") C~j -.".l ;"'* c::~ '+r' - Recommended motion: ,...., ..,'; 1', .-"i . That the hearing be closed; and, that the request to add a 239 square foot den to the existing, legal, non-conforming tri-plex located at 640 South Valley Avenue be approved, subject to the Conditions of Approval and Standard Requirements contained in the November 21, 1989 staff report to the Planning Commission (Exhibit B). (Supports staff recommendation, Planning Commission action, and applicant's request.) //1 '''- ~t~ I F~J Signature CfL Phone: 384-5071 Contact person: Larry E. Reed Supporting data attached: Staff Report Ward: 1 FUNDING REQUIREMENTS: Amount: n/a Source: (Acct, No.! (Acct, DescriPtion) Finance: ,uncil Notes: Agenda Item NO'~ ~ 75-0262 clv OF SAN BERNAR.AO - REQUAT FOR COUNCIL AC~N . STAFF REPORT Subject: Approval of Addition to a Legal, Residential Structure per Municipal 19.66.030 Mayor and Council Meeting of December 18, 1989 Non-conforming Code section REOUEST The applicant, Alejandro zendejas, requests approval under authority of Code section 19.66.030 to add a 239 square foot den to a legal, non-conforming, tri-plex residential struc- ture. BACKGROUND Municipal Code section 19.60.030 is an unique Code section, whereby, a person may process a request to expand a legal, non-conforming structure if the applicant does the following: 1. Provides a petition of 75% of the neighbors approv- ing said expansion, . 2. Provides evidence of reasonableness of request and non-injury to adjoining properties, 3. Obtains planning Commission approval (on November 21, 1989, the Planning Commission, by a 5 to 0 vote recommended approval of this request), 4. Obtains Council approval. The applicant has gone through the necessary process up to obtaining Council approval. The applicant "wants to add a 239 square foot den to a tri- plex located at 640 South Valley Avenue. This area had a previous zone of CM, commercial-Manufacturing and was then designated IL, Light Industrial, in the new General Plan. General Plan Policy 1.7.9 permits the continuation of legal non-conforming uses and allows for this minimal expansion. The addition of a 293 square fOQt den may be considered a minimal expansion. OPTIONS AVAILABLE TO THE MAYOR AND COUNCIL The Mayor and Council may deny the request for approval or approve the request for approval under Municipal Code section 19.66.030. . 75-0264 . . . . Approval structure Mayor and . of Addition to Legal, . . Non-ConforInJ.ng . Residential council Meeting of 12/18/89 RECOMMENDATION staff and request to located at Prepared by: Exhibit the add 640 Page 3 Planning Commission recommend approval of the a 239 square foot den to the existing tri-plex South Valley Avenue. John E. Montgomery, AICP Principal Planner for Larry E. Reed, Director of Planning and Building A - Public Hearing Notice B - November 21, 1989 Planning Commission Staff Report mkf M&CCAGENDA:VAR897 . . Exhibit B . . i. ,. CITY OF SAN BERNARDINO PLANNING DEPARTMENT"'" SUMMARY AGENDA ITEM HEARING DATE WARD 6 11/21/89 1. ~ lU ~ (,) Variance 89-7 OWNE R' Alejandro Zendejas 640 S. Valley View Avenue San Bernardino. CA 92408 SlIME APPLICANT' t; lU ;:) a IAl II: .... < '" II: < '!he applicant requests approval under the authority of Code Section 19.66. 030 to add a 293 square foot den to a legal non-confoIllling residential structure . '!he 0.35 acre site is located at 640 South Valley view Avenue. . PROPERTY SUbject North South East West EXISTING LAND USE Residential Sin;le Family Res. Sin;le Family Res. Sin;le Family Res. Vacant ZONING IL IL IL IL IL GENERAL PLAN DESIGNATION IL IL IL IL IL GEOLOGIC I SEISMIC DYES FLOOD HAZARD DYES OZONE A SEWERS DYES HAZARD ZONE Oil NO ZONE mNO OZONE B mNO HIGH FIRE DYES AIRPORT NOISE I IX! YES REDEVELOPMENT DYES HAZARD ZONE Oil NO CRASH ZONE oNO PROJECT AREA liD NO ...I o NOT o POTENTIAL SIGNIFICANT Z Oil APPROVAL ~ APPLICABLE EFFECTS 0 WITH MITIGATING - Ga Zm MEASURES NO E.I.R. !<< CONDITIONS lUe:) Oil EXEMPT o E.I.R. REQUIRED BUT NO 11.0 0 2Z II.ffi DENIAL Z- SIGNIFICANT EFFECTS 00 WITH MITIGATING ~2 0 CONTINUANCE TO a::Z MEASURES m2 :;:ii: 0 . Z oNO o SIGNIFICANT EFFECTS U lU SIGNIFICANT SEE ATTACHED E. R. C. lU EFFECTS MINUTES a:: NOV_ 1911 ..IVISCD "'ULY ..12 SOY . . . . . . . CITY OF SAN BERNARDINO PLANNING DEPARTMENT CASE VAR 89-7 OBSERVATIONS AGENDA ITEM HEARING DATE PAGE h 11-21 Rq ? 1. .REOUEST The applicant requests approval under the authority of Code Section 19.66.030 to add a 293 square foot den to a legal non-conforming residential tripl~x unit located in the IL, Light Industrial District (See site Plan, Attachment D). 2. SITE LOCATION 640 South valley View south of Santa Fe Street, V (See Location Map, The 0.35 acre is located at Avenue, approximately 153 feet and is in Airport District Attachment E). 3. MUNICIPAL CODE AND GENERAL PLAN CONFORMANCE The proposed project is consistent with Code and in conformance with the General in Attachment A. the Municipal Plan as shown 4. CEOA STATUS Variance 89-7 is categorically exempt from environmental review per CEQA section 15301 Class I (e) in that it will not result in an increase of 50% or more of the . existing floor area. 5. BACKGROUND The site and its surroundings are located in an old residential neighborhood. The neighborhood was rezoned Commercial Manufacturing, and with the adoption of the new General Plan on June 2, 1989, was designated for Light Industrial uses. 6. ANALYSIS Expansion of Leaal Non-Conformina Uses. Section 19.66.030 of the Municipal Code allows the expansion of legal non-conforming uses. subject to the following conditions: . . . . . . . CITY OF SAN BERNARDINO PLANNING DEPARTMENT CASE VAR89-7 OBSERVATIONS AGENDA ITEM HEARING DATE PAGE 6 11-21-89 3 A. The applicant must provide a petition signed ~y 75% of the residents and/or property owners within 500 feet of the building or provide documentation that reasonable efforts have been made to obtain said signatures. B. Evidence must be reasonable and not ties. presented that the addition is injurious to adjoining proper- C. The request must be approved by the Planning Commission in compliance with the procedures pertaining to the granting of variances set forth in Code sections 19.74.030 through 19.74.070. The requirement to provide variance findings is not among those Code sections. D. The request must be approved by the Common Council. There are 55 parcels within 500 feet of the building. The applicant provided letters supporting his request signed by 42 of the residents or property owners of those parcels, which is 76% of the total number. Four more letters were included signed by owners or residents of property outside the 500 foot radius. The existing structure and the proposed addition are 5 feet from the rear property line. structures more than 3 feet from a property line are not required to provide fire walls and are not considered a significant fire threat to adjoining properties. General Plan policv General Plan policy 1.7.9 permits the continuation of legal non-conforming uses.and allows for their minimal. expansion. The addition of. 293 square foot den to a residential unit is not a significant intensification of the use and may be considered a minimal expansion. The total lot coverage will only be 14 percent. . . . . . . . CITY OF SAN BERNARDINO PLANNING DEPARTMENT . CASE. VAR B9-7 OBSERVATIONS AGENDA ITEM HEARING DATE PAGE 11-21-B9 6 4 Comoatibilitv with Surroundina Uses The proposed addition of a den to an existing residential unit will be compatible with the surrounding single family residences. Airoort District Five The site is located in Airport District Five. All new construction in A.D.V. is required to incorporate construction materials which will reduce interior noise levels 20 decibels below outside noise levels. This will be a Condition of Approval. 7. COMMENTS RECEIVED seventy-six percent of the property owners or residents within 500 feet of the site signed statements supporting the applicant's request. 8. CONCLUSION The applicant has obtained the signatures of 75% of the residents or property owners within 500 feet to support the requested expansion of his legal non-conforming residential structure. The requested expansion may be considered to be a minimal expansion. It is compatible with and non-injurious to the surrounding land uses. The request is also consistent with the General Plan Policy allowing minimal expansion of legal non-conforming uses. 9. RECOMMENDATION staff recommends that the Planning commission recommend that the Council approve Variance 89-7 subject to the attached Conditions of ABproval (Attachment B) and Standard Requirements (Attachment C). . . . . . . . OBSERVATIONS AGENDA ITEM HEARING DATE PAGE , CITY OF SAN BERNARDINO PLANNING DEPARTMENT CASE "JlJlV~ 7 \.. 6 11-21-89 5 Respectfully submitted, L dN'" > Larry E. Planning -/ / /!.t.~.~~' Reed, Director and Building and Safety Edalia Olivo-Gomez Planner II ATTACHMENTS: A- Municipal Code and General Plan Conformance B- conditions of Approval C- Standard Requirements D- site Plan E- Location Map PC: VAR89-70 .... . . . . . . . A'ITJ\CFlMENI' B CITY OF SAN BERNARDINO PLANNING DEPARTMENT CASE VJ\R 89-7 CONDITIONS AGENDA ITEM HEARING DATE PAGE 6 11!?1 IRq 6 STANDARD CONDITIONS 1. Minor modifications to the plan shall be subject to approval by the Director of Planning. An increase of more than 10 percent of the square footage or a significant change in the approved concept shall be subject to Planning Commission review and 'approval. in substantial conformance with the Development Review Committee, Planning of Planning. x Constru~~~on shall be Plans approved by the Commission or Director The developer is to submit a complete master landscape and irrigation plan (4 copies) for the entire development to the Engineering Department with the required fee for approval, the landscape plans will" be forwarded to the Parks, Recreation, and Community Services and the Planning Department for review and approval. (Note: the issuance of a building permit, by the Department of Building and Safety of the City of San Bernardino, does NOT waive these requirements/conditions.) No grading permits will be issued prior to approval of landscape plans. The design shall include, but not be limited to the following: Street trees shall be planted on 35 foot center spacing unless otherwise indicated by the Department of Parks, Recreation, and Community ,Services. The Parks Department shall determine the varieties and locations prior to planting. A minimum of 25% of the trees shall be 24" box specimens. Trees are to be inspected by a Park Division representative prior to planting. Planters shall be enc~?sed with concrete curbing. The setbacks from the north ____ , south ____ , east ____ , west property line shall be bermed at a maximum 3: 1 slope and shall be planted wi tha tall fescue type turfgrass. . A Landscape buffer zone shall be installed between facilities and street. . . . . . CITY OF SAN BERNARDINO PLANNING DEPARTMENT CASE VAR 89':7 CONDITIONS AGENDA ITEM HEARING DATE PAGE 6 11/21/89 7 . 2. 3. X . . The landscape and irrigation plans shall comply with the "Procedure and Policy for Landscape and Irrigation" (available from the Parks Department). Subject to the conditions of the Department of Parks and Recreation (attached). Trees, shrubs and groundcover of a type and quality generally consistent or compatible with that characterizing single- family homes shall be provided in the front yard and that portion of th side yards which are visible from the street. All landscaped areas must be provided with an automatic irrigation system adequate to insure their viability. The landscape and irrigation plans shall be approved by the Parks and Recreation Department. At all times the business will be operated in a does not produce obnoxious noise, vibration, smoke, glare, or other nuisance. manner which odor, dust, A sign program for the multi-tenant commercial/industrial center shall be approved by the Planning Department prior to issuance of Certificate of Occupancy. X In the event that this approval is legally challenged, the City will promptly notifY the applicant of any claim or action and will cooperate fully in the defense of the matter. Once notified, the applicant agrees to defend, indemnify, and hold harmless the City, its officers, agents and employees from any claim, action, or proceeding against the City of San Bernardino. The applicant further agrees to reimburse the City of any costs and attorneys' fees which the City may be required by a court to pay 'as a result of such action, but such participation shall not relieve applicant of his obligation under this condition. '!he oonstruction shall inoorporate measures to reduce the interior noise level 20 decibels below the outside noise level. . . . . . CITY OF SAN BERNARDINO CASE VAR 89-7 STANDARD REQUIREMENTS AGENDA ITEM HEARING DATE PAGE 6 lll.ll/tl~ 8 .'T " 1. 1( Variance 89-7 shall be in effect for a period of ~ months from the date of approval by the Planning Commission and/or Planning Department. However, if the final map has not been filed with the County Recorder's Office at the end of the 6 month time period, the approval shall expire. Additional time may be approved by the Planning Commission upon written request of the applicant if made 30 days prior to expiration of the ~ month time period. Expiration Date: Mav 21. 1990 COVENANTS, CONDITIONS AND RESTRICTIONS FOR P.R.D. a. The Covenants, Conditions and Restrictions (CC & R's) shall be reviewed and approved by the Planning Department prior to final approval of the tract maps. The CC &' R's shall include liability insurance and methods of maintaining the open space, recreation areas, parking areas, private roads, and exterior of all buildings. The CC & R's shail also include a statement that no radio frequency antenna shall be included within the complex except for central antenna systems. . b. No lot or dwelling unit in the development shall be sold unless a corporation, association, property owner's group, or similar entity has been formed with the right to assess all properties individually owned or jointly owned which have any rights or interest in the use of the common areas and common facilities in the development, such assessment power to be sufficient to meet the expenses of such entity, and with authority to control, and the duty to maintain, all of said mutually available features of the development. Such entity shall operate under recorded CC & R's which shall include compulsory membership of all owners of lots and/or dwelling units and flexibility of assessments to meet changing costs of maintenance, repairs, and services. Recorded CC & R's shall permit enforcement by the City of provisions required by the City as conditions to approval. The developer shall submit "evidence of compliance with this requirement to, and receive approval of, the Commission prior to making any such sale. This condition shall not apply to land dedicated to the City for public purposes. c. Every owner of a dwelling unit or lot shall own as an appurtenance to such dwelling unit or lot, either (1) an undivided interest in the common' areas and facilities, or (2) a share in the corporation, or voting membership i~ an .'" ~ I'.' s.y . . . . . r CITY OF SAN BERNARDINO STANDARD REQUIREMENTS .... CASE V{lJl 89-7 AGENDA ITEM, HEARING DATE PAGE 6 11/21/89 9 r BUILDING AND SAFETY DEPARTMENT 2. x 3. x . 4. x 5. x 6. x . .... Submit plans prepared by a Registered Architect or civil or Structural Engineer. Submit a complete lateral and structural analysis prepared by a Registered civil or Structural Engineer or Architect. Submit State of California Title 24 for residential, including a signed compliance statement. Energy Calculation Forms buildings Submit calculations and structural Registered civil Structural Engineer following items: drawings, ,prepared or Architect, for by a the Submit floor plan of existing materials of " existing structure. construction. uses and Label all Submit three complete sets of construction plans including: a. copy of conditions. b. Energy Calculations. Structural calculation. c. Submit a preliminary liquefaction analysis) do so. (soils) (geology) (soils and geology with report prepared by a person licensed to Submit a single line drawing of all equipment, conduit and wire service ground size and ground~ng the electrical service. sizes and types. Show electrode. Show the Submit panel schedule(s) and electrical plans. Permit required for demolition of existing building(s) on site. Submit a system. equipment plan of the heating, ventilating or air conditioning (Clearly identify the location and rating of the and the sizes and material of all ducts, registers and' .J "" ,.y . . . . . " CITY OF SAN BERNARDINO CASE VAR 89-7 AGENDA ITEM 6 HEARING DATE 11/21/89 PAGE 10 STANDARD REQUIREMENTS "- . 7. x 8. 9. x x 10. x . ~ ...,. the location of all fire dampers). Show means of providing mechanical ventilation as required by the 1982 Uniform Building Code. Submit gas pipe loads, sizing calculations and isometrics. Provide a plot plan showing the location of the proposed sewer system. Submit a letter clearly indicating the intended use of all areas of the building. List the materials to be used and the projects produced giving the amount of each kept in the building. If the building is used for more than one purpose, list all other uses. Submit isometric plans of the cold and hot water and drain-waste and vent systems. Show compliance with Title 24.for the physically handicapped in the following: Submit plans approved by the County Health Department. Indicate methods of compliance for sound attenuation (exterior, interior party walls, floor/ceiling assembly, ceiling) as per study, U.B.C., local or State Law. Show compliance with requirements of high fire areas. For structures located within high wind areas: a. Design structure, including roof covering, using 20 p.s.f. wind load. City of San Bernardino named as certificate holder for Worker's compensation Insurance. Assessor's Parcel Number. Contractor's City license. Contractor's State license. Sewer capacity rights from Water Department, 384-5093, Neil Thomsen. School fees from Unified School District, 381-1179. ~ .." "Y . . . . . CITY OF SAN BERNARDINO CASE VAR 89-7 ST ANDARD REQUIREMENTS ~~i~~NAG 11~~E ll/t/89 PAGE 11 " ~ other: 11. x DEPOSIT: $75 PIJ\N CHOCK . csj/8-3-88 DOC:PCAGENDA DOCUMENTS.;! . " ~ ... s .lIy . . 'I. , ~ -~ ~ .~ , ,-oJ -" H ,~ ' " , :\ ) . : ; ~ 'tt r J I I j:\. ) ., . ~\ / '. ' , .1, ." . , . . . I' \ ,/ . , I, ( ., , 'j' ... . , I 'l' . ; .~ ,t!B '~ ,\ r::=J ! : ~ :' ,c=J i ~ \ i .. G ! ~: 1 " l I. I .\ , . ~ I " , . 10 ~ . A'I'mCHME11l' 0 y. \l' ~~~- I.~r: ~ ? L -- - ~ ~f .. ~.,.. -- h , t 1 , 1 .' , ,I' . t t'- . - ., ;. I~ " . ~ . " ;;1 . ,":00' , ;: ," .! . : , j . . ~ ! r I ~f- · · r ...... .... ("" ,. - a ..1 ........".. - ; !! ,.", .....~---.~ :..... .,........... _ t"... ~ ~"~) Ud005 i~ ~ . i , ..! . ( . . . I( ,; - . t __~ i-. '-..,. -- --- ----.-..... . \;. I, S \ t ., \ I, ...... \: ,..... ~ .: ~ > t " \ - ,.-- .f- '''-1If--' ~ 0' , , "-r .'..:6 . '.. ~'f .t ,I , . ~z. t . , ~ .. ~ I .. - - " , I . . . . / . . A'l"I'J\CIlMmr E ( . ------,_........... ------~~ " CITY OF SAN BERNARDINO PLANNING DEPARTMENTt.! ""E,il; ~ ~ ~ LOCATION CASE ,VAR 89-2-.__._..,__ ~~ II HEARINGOATE. )lfiVjl9 :::.-:-:.-- ) l 6 , .......-..'..-..:iP. ~HjO I \ " · rJ i .. i I :~~ 6 \ . . . N . t '. lE - c I I , ~'0fII (III .- ~ . z II .. ! ST // __'-1 .~ ~.,.". n_, , IJilTO 1 I , I y:' I , , f. L- ~ , ~ I I r I I , >. ~ :: " o. ...o~.y .J, II ~L':;~ := :"UIDAI \ .. CI'T. :'. . .'. s . '.. ~.J'" . __J VleTO_.& .... IT IT. "lllU DO. . . . . . . . EXHIBIT C Public Hearing Notice A notice of the appeal hearing was sent to the property owners within 500 feet of the subject property and the applicant at least ten days prior to the hearing, as per Municipal Code Section 19.81.020. A copy of this notice is attached. . . . . r . OFFICIAL NOTICE OF PUBLIC HEARING BEFORE THE CITY OF SAN BERNARDINO MAYOR AND COMMON COUNCIL . . Variance No. 89-7 THIS IS TO INFORM YOU THAT THE FOLLOWING ITEM HAS BEEN submitted TO THE MAYOR AND COMMON COUNCIL BY THE APPLICl\NT SUBJECT: Approval of an addition to a legal non-COnfonning WARD .;;: residential structure per Mmicipal Code Section 1 19.66.030. PROPERTY 640 South Valley Avenue LOCATION : PROPOSAL: To add a 239 square foot den to one of the units in a tri-plex located at the above property location. PUBLIC HEARING LOCATION: SAN BERNARDINO CITY HALL COUNCIL CHAMBERS 300 NORTH "D" STREET SAN BERNARDINO. CA. 92418 \. HEARING DATE AND TIME: December 18, 1989, 2:00 p.m. A DETAILED DESCRIPTION OF THE PROPOSAL IS ON FILE IN THE PLANNING DEPARTMENT AT CITY HALL. IF YOU WOULD LIKE FURTHER INFORMATION ABOUT THIS PROPOSAL PRIOR TO THE PUBLIC HEARING, PLEASE CONTACT THE PLANNING DEPARTMENT IN PERSON OR BY PHONING (714) 384-5057. THANK YOU. \. j., IM4 "v