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HomeMy WebLinkAboutS03-City Attorney CI'C' OF SAN BERNARDIO - REQUE:.:r FOR COUNCIL AC'())N From: Ralph H. Prince Subject: R-3 Multi-Family Ordinance Dept: City Attorney Date: May 28, 1986 Synopsis of Previous Council action: 5/22/86 Legislative Review Committee recommended approval. Recommended motion: Waive further first reading of ordinance and layover for final adoption. Placement on the supplemental agenda is due to the Legislative Review Committee reviewing changes to the proposed ordinance on May 27, 1986, and directing its placement on the Council agenda of June 2, 1986. ~/?~ . Signature None Phone: 5056 Ward: N/A Sou rce: N/A Finance: Contact person: Cynthia Grace Supporting data attached: Yes FUNDING REQUIREMENTS: Amount: Council Notes: 75-0262 Agenda Item No. 5-3 \ /"'.... V /-'. '-./ 1 ORDINANCE NO. 2 ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 19.04.495 TO DEFINE THE WORD STORY AS IT PERTAINS TO STRUCTURES, 3 AND CHAPTER 19.12 OF THE SAN BERNARDINO MUNICIPAL CODE PERTAINING TO MULTIPLE FAMILY RESIDENTIAL DISTRICT. 4 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO 5 DO ORDAIN AS FOLLOWS: 6 SECTION 1. Section 19.04.495 of the San Bernardino 7 Municipal Code is amended to read: 8 -19.04.495 Story. 9 A story is defined as habitable living space. An additional 10 story of living space may be built in the interior of a complex 11 as long as the overall height does not exceed thirty-five feet. 12 A parking structure built within the complex forty percent below 13 abutting grade shall not be considered habitable living space.- 14 SECTION 2. Chapter 19.12 of the San Bernardino Municipal 15 Code is hereby amended to read: 16 -19.12.010 Regulations generally. 17 The regulations set forth in this chapter shall apply to the 18 R-3 multiple family residential district. 19 19.12.020 Use permitted. 20 No building, structure or land shall be used and no building 21 shall be altered, enlarged or maintained except for the following 22 purposes: 23 A. All uses permitted in the R-2 district. 24 B. Court and apartment buildings subject to the habitable 25 floor area, open space and recreational area per dwelling unit 26 provisions of this chapter. 27 19.12.030 Conditional use permit required. 28 1 , "-",, " .,/ 1 A. Where a project fails to comply with all requirements 2 for development specifically set forth in this Chapter, the 3 project may be permitted in a district zoned as R-3 sUbject to 4 the issuance of a conditional use permit under the provisions of 5 Chapter 19.78. 6 B. An incentive program to encourage good architectural 7 design and high quality amenities shall be adopted by resolution. 8 C. Any development which complies with all requirements 9 specifically set forth in this chapter shall be subject to the 10 issuance of a review of plans under the provisions of Chapter 11 19.77. 12 19.12.040 Minimum floor area per unit. 13 The minimum enclosed, habitable floor area for any dwelling 14 unit in a multiple dwelling, exclusive of patios, balcony or 15 covered parking space, shall be: 16 A. Bachelor or efficiency (one room unit, inclusive of 17 kitchen and bathroom) - four hundred fifty square feet. 18 B. One bedroom - five hundred fifty square feet. 19 C. Two bedroom - six hundred fifty square feet. 20 D. Three bedroom - nine hundred square feet. 21 19.12.05Cr-lIinimum lot area and dimensions. 22 The following minimum lot areas and widths shall apply in a 23 district zoned as R-3. Where a lot has a width or area which is 24 less than the minimum area or width required by this section, but 25 which was of record on September 10, 1953, that lot complies with 26 this section. A lot which conformed to the minimum area and 27 width requirements of the applicable county ordinance prior to 28 2 - , \..,~ "'"' '-' '''\ ~J , ) I its annexation into the City, shall be deemed, after its 2 annexation, to comply with the applicable minimum area or width 3 requirements of this section. 4 A. Minimum area. Except as provided above, the minimum lot 5 area in the R-3 district shall not be less than eight thousand 6 one hundred square feet. It is further provided that the minimum 7 lot area per dwelling .unit for units built after the effective 8 date of this ordinance may be established and delineated on the 9 zoning map in accordance with the following table: 10 II 12 Zone Minimum Lot Area per Dwelling Unit 1800 square feet (24 dwelling units per acre) 3000 square feet (14 dwelling units per acre) R-3-l800 R-3-3000 13 When the total lot area exceeds any multiple of the minimum 14 lot area per dwelling unit by fifty percent or more of said 15 minimum, one additional dwelling unit shall be permitted. 16 Existing undeveloped property at a density of one unit per 17 1200 square feet of lot area per the R-3-l200 zone shall be 18 allowed to be developed at that density. No new undeveloped 19 property may be zoned R-3-l200 after the effective date of this 20 chapter. 21 B~Rini." width: all R-3 zones - sixty feet. ~ 22 C. Mini.~ depth: all R-3 zones - one hundred feet. 23 19.12.060 Building height. 24 Maximum building height of two stories not to exceed thirty- 25 five feet, except the following: 26 A. Nothing in this chapter is intended to render existing 27 buildings built to the R-3-l200 specifications nonconforming. 28 3 - " " '-' ~ ,...i ) 1 B. Buildings on the project interior which are completely 2 enclosed by two story structures on the same site. 3 C. Where the Planning Director determines that there are 4 unique topographic conditions or constraints on the site. 5 19.12.070 Building coverage. 6 The maximum permissible building coverage shall be fifty 7 percent of the lot or lots. This includes coverage by any 8 habitable structure or any garage, carport or accessory building, 9 whether attached or detached to the dwelling. 10 19.12.080 Setbacks. 11 A. Where a lot in an R-3 district abuts upon a major, 12 primary or secondary highway, or collector street, thei~ shall be 13 an average landscaped building setback of not less than twenty- 14 five feet. For every foot of building frontage having a setback 15 of less than twenty-five feet, there shall be a foot of building 16 frontage having a setback correspondingly greater than twenty- 17 five feet. However, under no circumstances shall a building have 18 a minimum setback of less than twenty feet. 19 B. Where a lot in an R-3 district abuts any street other 20 than a major, primary or secondary highway, or collector street, 21 there 8ha11.b. provided an average landscaped building setback of . ~~', > 22 not less than ~~~nty feet. For every foot of building frontage 23 having a setback of less than twenty feet, there shall be a foot 24 of building frontage having a setback correspondingly greater 25 than twenty feet. However, under no circumstances shall a 26 building have a minimum setback of less than fifteen feet. 27 C. Where a lot in an R-3 district abuts a publicly 28 4 \.../ '--' '. .i' ! 1 dedicated alley, any building thereon shall be set back not less 2 than fifteen feet from the edge of an alley for habitable 3 structures and five feet from the edge of the alley for garages 4 and accessory structures, and shall be further sUbject to the 5 provisions for off-street parking set forth in Chapter 19.56. 6 D. Buildings facing interior property lines: One-story 7 structures shall have a side yard of five feet plus one 8 additional foot for each fifteen feet of continuous wall length; 9 two-story buildings facing an interior property line shall have a 10 side yard of ten feet plus one additional foot for each fifteen 11 feet of continuous wall length. 12 19.12.090 Yard requirements. 13 There shall be an open yard to separate two or more 14 buildings on the same parcel from one another. The depth of the 15 yard and the length of the yard shall be determined by the length 16 of the structural walls of surrounding buildings, the location of 17 windows, the location of the main entrances, and the location 18 relative to the sUbject buildings of other buildings as specified 19 in this chapter. 20 19.12.100 Distances between buildings. 21 Distance between buildings is measured from structural walls 22 or face of habitable balconies and decks. Openings in buildings 23 are defined as walls containing windows, doors, and the face of 24 open balconies/decks. 25 A. Opening to opening: minimum separation - twenty feet 26 plus one foot for every fifteen feet of continuous wall for both 27 walls. 28 5 ,~, ~ \ ........ I - 1 B. Opening to wall: minimum separation - fifteen feet plus 2 one foot for each fifteen feet of continuous wall containing 3 openings. 4 C. Wall to wall: ten foot minimum building separation. 5 D. To encourage variation in the placement of structures, 6 the required distance between the substantially parallel walls of 7 two main buildings may be decreased at one end if increased an 8 equal distance at the other end. In no case shall the minimum 9 distance be less than ten feet between any two walls. 10 19.12.110 Yard requirement - Improvement of yard and 11 setback areas. 12 Yard and setback areas shall be landscaped with lawn, trees, 13 shrubs, or other plant materials and shall be permanently 14 maintained in a neat and orderly manner. 15 19.12.120 Required recreational-leisure areas. 16 A. Multiple dwelling. On any building site on which there 17 are located ten or more dwelling units other than one-family or 18 two-family dwellings, there shall be not less than three hundred 19 square feet of common usable recreational-leisure space per 20 dwelling. 21 B. Minimum area of private balcony or patio. All ground 22 floor dwelling units shall have a patio. A private patio for any 23 ground floor dWelling unit shall be not less than seventy-five 24 square feet in area. The least dimension shall be not less than 25 eight feet. Where any dwelling unit above the ground floor is 26 served by a private balcony, that balcony shall be a minimum of 27 fifty square feet in area. The least dimension shall be a 28 6 - c '-" ," '\ -- 1 minimum of five feet. 2 C. Such .common recreational-leisure area shall be 3 conveniently located and readily accessible from all dwelling 4 units which it is intended to serve. Wherever there are more 5 than ten dwelling units on one site, the common recreational- 6 leisure area shall include one of the following: swimming pools, 7 jacuzzi, court game facilities, e.g. tennis, racquetball, tot 8 lots (playground equipment) to the satisfaction of the Planning 9 Department, and any other recreational-leisure facility, the area 10 of which may be included in the calculation of the total area of 11 common recreational-leisure space provided by the development. 12 1. Common recreational-leisure areas shall not 13 include: 14 a. Rights-of-way for which a perpetual easement 15 for recreation has not been recorded. 16 17 b. Vehicle parking areas and accessways. c. Areas between walls of adjacent structures 18 where such walls are less than fifteen feet apart. 19 d. Slope areas of more than 3:1 grade. 20 e. Front yard setbacks. 21 ;:t,~~(';,..+:.:.:l:, 2.. >tliJ common recreational-leisure areas, with ,';'- 22 exception of p~strian accessways and paved recreational " '.:;rA.;';i ~ i.~ 23 facilities c~fained therein, shall be landscaped with lawn, 24 trees, shrubs or other plant materials and shall be permanently 25 maintained in a neat and orderly manner. 26 19.12.130 Off-street parking requirements. 27 A. For minimum number and type of parking spaces see 28 7 '+....". ..- '--~ ~ " ~~ 1 Chapter 19.56. 2 B. Maximum distance between private parking areas and 3 dwelling units. Each required enclosed or covered private 4 parking area shall be within two hundred feet of, and readily 5 accessible to, the unit it serves. 6 C. Required screening of parking facilities. Private 7 parking areas shall be screened from the view of adjacent 8 properties, living and recreational-leisure areas and from 9 adjacent streets by means of plant landscaping or architectural 10 devices as approved by the Planning Department. 11 19.12.140 Carports. 12 A. Carports must be structurally enclosed or screened on 13 three sides as approved by the Design Review Committee. 14 B. Except as otherwise required by the Uniform Building 15 Code, a carport built to accommodate two or more vehicles may be 16 constructed with only the rear of the carport and the two ends 17 enclosed, except as otherwise required by the Uniform Building 18 Code. 19 C. All interior walls of carports shall be finished to the 20 satisfaction of the Planning Director. There shall be one 21,~~fttt~~UbiC feet of private storage provided for each "i< ~ ..1' 22 ~nit~ bu~ it ne~ not be all in a single location. These general ,.,~' t;. _ _' . '':- . "" ,.. 23 8tor.~ cabidets may be provided at a point outside the carport 24 upon the approval of the Planning Department. Bumper guards 25 shall be provided to protect the interior walls of carports from 26 damage. 27 19.12.150 Vehicle access requirements. 28 8 c'~ ~. '-" ..1 I A. Every multiple dwelling unit shall be located within two 2 hundred feet of, and be served by, all such public or private 3 accessways as will provide adequate access and circulation for 4 vehicular traffic, including fire, utility, trash collection and 5 other essential services. 6 B. Where a building site abuts upon an alley, all vehicular 7 access to garages and carports shall be only from that alley. 8 19.12.160 Required site screening. 9 A. Except as otherwise provided herein, a solid decorative 10 type masonry wall, landscaped earthen berm, natural terrain or II any combination thereof, totaling not less than six feet in 12 height, shall be provided as a divider along and immediately 13 adjacent to the site boundary line of any mUltiple-dwelling unit 14 which abuts any freeway, expressway, railroad or other right-of- 15 way, or which abuts the boundary of any area zoned as single- 16 family residential or any alley adjacent to such boundary. The 17 height of any such divider shall be as measured from the highest 18 finished grade adjacent to the wall. 19 B. For regulations for fences, hedges and walls, see 20 Chapter 19.62. 21 19.12.170 Required refuse storage areas. 22 Refuse storage shall conform to the standards as shown on 23 the specifications for 'Minimum Acceptable Trash Collection 24 Areas' as established by the Director of Public Works/City 25 Engineer. Said storage area shall be designed, located or 26 screened so as not to be readily identifiable from adjacent 27 streets or highways. 28 9 \,..." '-" '\ ,/ 1 19.12.180 Signs. 2 For sign regulations, see Chapter 19.60. 3 19.12.190 Television antenna. 4 For television antenna regulations, see Section 19.18.270. 5 19.12.200 Violation. 6 Any construction, erection, reconstruction, moving, 7 conversion, alteration or addition to any building or structure 8 in a manner inconsistent with the provisions of this chapter is 9 hereby declared to be a nuisance and is abatable under the 10 provisions of Section 8.33.020 through 8.33.100 of this Code.- 11 I HEREBY CERTIFY that the foregoing ordinance was duly 12 adopted by the Mayor and Common Council of the City of San 13 Bernardino at a meeting thereof, held on 14 the day of , 1986, by the 15 following vote, to wit: 16 AYES: 17 18 NAYS: 19 ABSENT: 20 21 22 23 .~ . . It City Clerk The fore90i~g ordinance is hereby approved this day , 1986. 24 of 25 26 27 28 Mayor of the City of San Bernardino 10 c ~ , "-' 1 Approved as to form: 2 /~ff~/ 3 city A torney 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 11 " ~,.'" ,~,. "