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ORDINANCE NO.
ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING
SECTIONS 19.08.040, AND 19.72.010, AND AMENDING CHAPTER 19.80,
OF THE SAN BERNARDINO MUNICIPAL CODE REQUIRING AN
ADMINISTRATIVE REVIEW WITH NOTICE FOR SINGLE-FAMILY DWELLINGS
WITHIN CERTAIN AREAS OF THE CITY.
THE MAYOR AND COMMON COUNCIL OF THE
BERNARDINO DO ORDAIN AS FOLLOWS:
CITY OF SAN
SECTION 1.
section 19.08.040 of the San Bernardino
Municipal Code is hereby amended to read as follows:
"19.08.040 Building Height
9 Maximum building height shall be thirty-five (35) feet. No
10 accessory structure in the R 1-7,200 and R-1-10,800 zones
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shall have a height in excess of fifteen (15)
feet. II
SECTION 2.
Section 19.72.010 of the
San Bernardino
13 Municipal Code is hereby amended to read as follows:
. 14 "19.72.010 Lots on Downhill slopes
15 On property located on downhill slopes having a twenty-five
16 percent (25%) or greater slope (measured in the general
17 direction of the side lot lines), a private garage may be
18 constructed in the required front yard; provided, however,
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that every portion of the garage shall be at
least five (5)
feet from the front lot line."
SECTION 3.
Chapter 19.80 of the
San Bernardino
Municipal Code is hereby amended to read as follows:
"Chapter 19.80
HEIGHT LIMITATIONS - SINGLE-FAMILY DWELLINGS
19.80.010. Administrative Review - single-Family Residence
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ORDINANCE AME~NG SECTIONS 19.08.040, ~D 19.72.010, AND
AMENDING CHAPTER 19.80 OF THE SAN BERNARDINO MUNICIPAL CODE
REQUIRING AN ADMINISTRATIVE REVIEW WITH NOTICE FOR SINGLE
1 FAMILY DWELLINGS WITHIN CERTAIN FOOTHILL AREAS OF THE CITY
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3 Hillside Management Overlay District
4 The planning and Building Services Department shall establish
5 and utilize administrative procedures for the review and
6 approval of plans by the director or his/her designee for new
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development
of
structure,
including single-family
any
residences, on vacant, existing lots of record in the Hillside
Management Overly District or on a remodel of an existing
structure which would increase the height by ten (10) feet or
more in such overlay district.
19.80.020 Conditions
The following conditions shall be applicable only to infill,
single-family residential construction of more than one story
on existing lots of record, if there is a grade
separation of more than eight (8) feet or less than twenty
(20) feet between the average ground level of the lot proposed
for construction and the immediately uphill lot:
A. The maximum height of a proposed structure shall not
exceed the midpoint of the structure on the immediately
uphill lot.
B.
Where there is no structure on the immediately uphill
lot, the maximum height shall not exceed a point eight
(8) feet above the average ground level of the uphill
lot.
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ORDINANCE AMEN~G SECTIONS 19.08.040, 4IlD 19.72.010, AND
AMENDING CHAPTER 19.80 OF THE SAN BERNARDINO MUNICIPAL CODE
REQUIRING AN ADMINISTRATIVE REVIEW WITH NOTICE FOR SINGLE
FAMILY DWELLINGS WITHIN CERTAIN FOOTHILL AREAS OF THE CITY
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C. "Immediately uphill lot" shall mean an adjacent lot,
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whether or not separated by streets, easements, or the
like, which has an average ground level eight (8) feet
or more higher than the average ground level of the
subject lot. If more than one lot meets the definition
of "immediately uphill lot" then the measurements
required by this section shall be made against the
lower lot.
"Midpoint" shall be that point equidistant from the
foundation at ground level to the apex of the roof, but
not inCluding
roof
structures, stairways, tanks,
ventilating fans,
similar equipment required to
or
operate and maintain the building and fire or parapet
walls,
skylights,
towers,
flagpoles,
chimneys,
smokestacks, wireless and television masts, or similar
structures.
Nothing in this section shall be construed to allow the
height of a structure,
including a single-family
residence, to exceed that allowed in an underlying land
use district, or to prohibit a single story residence.
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ORDINANCE AMEN~NG SECTIONS 19.08.040, ~D 19.72.010, AND
AMENDING CHAPTER 19.80 OF THE SAN BERNARDINO MUNICIPAL CODE
REQUIRING AN ADMINISTRATIVE REVIEW WITH NOTICE FOR SINGLE
~ 1 FAMILY DWELLINGS WITHIN CERTAIN FOOTHILL AREAS OF THE CITY
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3 19.80.030 Variance
4 Where the strict application of Section 19.80.020 of this
5 Chapter to a particular lot would prevent development of such
6 lot for a two-story or more single-family residence, a
7 variance may be obtained, pursuant to the provisions of
8 Chapter 19.74 of this Code. When such a variance is granted,
9 alternative height limitations shall be imposed on the lot by
the planning commission.
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19.80.040. Notice
Every property owner within five hundred
(500)
feet of the
~ 14 application and shall be entitled to be heard on such
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16 19.80.050 Findings
17 The planning commission may approve a variance if a finding is
18 made that the preservation of mountain or valley views in the
19 Hillside Management Overlay District is maintained to the
20 greatest extent possible, and that there is the preservation
21 of light and air to protect the public health safety."
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13 subject property shall receive
notice
of the Variance
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ORDINANCE AM~ING SECTIONS 19.08.040, ~D 19.72.010, AND
AMENDING CHAPTER 19.80 OF THE SAN BERNARDINO MUNICIPAL CODE
REQUIRING AN ADMINISTRATIVE REVIEW WITH NOTICE FOR SINGLE
FAMILY DWELLINGS WITHIN CERTAIN FOOTHILL AREAS OF THE CITY
I HEREBY CERTIFY that the foregoing ordinance was duly
adopted by the Mayor and Common Council of the city of San
Bernardino at a
meeting thereof, held on the
day of
1991, by the following vote, to wit:
Council Members
AnQ.
NAYES
ABSTAIN
ESTRADA
REILLY
FLORES
MAUDSLEY
MINOR
POPE-LUDLAM
MILLER
City Clerk
The foregoing ordinance is hereby approved this
day of , 1991.
W. R. Holcomb, Mayor
city of San Bernardino
Approved as to form
and legal content:
JAMES F. PENMAN
C:;;f.'torney ,?
~y: ""'w.~ t I l-;-' 't,l ,J"
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