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HomeMy WebLinkAboutAS03-Planning and Building . CITY OF SAN BERtt:,RDINO - REQUEST ~R COUNCIL ACTION From: Larry E. Reed. Ass i stant Di rector Dept: Planning and Building Services Date: July 12, 1991 Subject: Dra ft Deve 1 opment Code Single Room Occupancy Mayor and Common Council Meeting of July 15, 1991 Synopsis of Previous Council action: On March 6, 1991, the Planning Commission voted to recommend to the Mayor and Common Council to approve the proposed-draft Development Code amendments and to adopt the Negative Declaration. Recommended motion: That the Mayor and Common Council direct Planning staff to prepare an ordinance to amend the Development Code as appropriate to incorporate provisions as shown in Attachment B r Signature Larry E. Reed Phone: 384-5357 Contact person: Supporting data attached: FUNDING REQUIREMENTS: Amount: N/A Attachment A - Staff Memo Attachment B - SRO Provision Source: (Acct. No.l Attachment C - Planning Commission Staff Summary (Acct. DescriPtion) Ward: City-Hide Finance: Council Notes: 75-0262 Agenda Item No AS -3 ~~ity of San Bernardino 0 ~NTEROFFICE MEMORANDUM 9107-3301 FROM: Larry E. Reed, Assistant Director of Building Services Planning and l{tJ TO: Mayor and Common council SUBJECT: SINGLE ROOM OCCUPANCY (S.R.O) DATE: July 5, 1991 COPIES: John Montgomery, principal Planner; Al Boughey, Director of Planning and Building Services On June 19, 1991, a meeting was held to discuss the draft SRO ordinance. Attendees included: Judith Lenthall, John Lightburn, Lt. Tom Meier of the Police Department, Sandra Paulsen, Senior Planner, and myself. Several issues were raised and resolved to everyone's satisfaction. Following is a summary of the meeting. John Lightburn's primary concern centered around conversion of existing motels to residential facilities, including facilities for people who are mentally impaired but capable of independent living if minimally supervised. Mr. Lightburn was advised that the type of facility he proposed could be classified as a residential care facility and would not necessarily be required to meet the standards of the SRO provisions. A result of the discussion was to add clear language to the ordinance specifying that he SRO standards are for new construction only. It is recommended a separate ordinance be drafted regarding conversion of existing struc- tures into SRO facilites. Judith Lenthall stated she had never seen a successful conversion due to the layout of motels and the fact that motels usually contain fewer units making management more costly per unit. The combination of these two factors makes motel to SRO conversions economically unviable. Other changes included: IV. Specific Standards (2) This was changed to eliminate the imposition of bus schedules as a location determi- nant, keeping the requirement that SROs be located within 1/4 mile of a bus line. ATTACHMENT A o INTEROFFICE MEMO~UM: 9107-3301 SINGLE ROOM OCCU~CY (S.R.O) July 5, 1991 Page 2 It was recommended that (5), (7) and (22) be moved to guidelines. Staff does not support this recommendation for 2 reasons. First, it does not match the established format of the Development Code. Second, and more important, the mandatory language has been revised and the 3 items in question state that the standards SHOULD be incorporated in the design of a project. This provides the City with flexibility in reviewing an SRO project on a case-by-case basis. (25) It was questioned who would review management plan. We explained that the included as a condition of approval of Use Permit. The Planning Commission authority. (e) and approve the plan will be the Conditional is the review the words from the clause. "in a fair manner" were deleted rent collection and increases (f) the termination of tenancy clause was re- worded for clarification. (g) the tenant arrest include the words clarification. clause was reworded "at the facility" to for (26) Security provisions (f) (g) the fencing requirement of wrought iron made more flexible by adding the phrase alternative materials compatible with architectural style" the security guard requirement will not mandatory unless there is a failure management or violations of conditions approval are found: was "or the be of of the identification of guests requirement charged so that "valid" identification required but "photo" identification is required. There were no other comments or concerns. Planning staff has incorporated these changes into a newly revised draft of SRO facility standards. (h) was is not If you would like more information, please call. CITY OF ~ BERNARDINO DRAFT - JUNE ~ 1991 Sinqle Room Occunancv (SRO) Facilities pronosed Develonment Code Amendments I. Definition Add the following definitions to Section 19.02.050 Definitions of the Development Code: Sinqle Room Occunancv (SRO) Facilitv A cluster of seven or more units within a newly constructed residential hotel of weekly or longer tenancy providing sleeping or living facilities for 1 or 2 persons in which sanitary facilities may be provided in the unit, and cooking facilities may be shared within the hotel. Defensible Snace A design concept term used to de- scribe a series of physical design characteristics that maX1m1ze resident control of behavior, particularly crime, within a public, semiprivate or private area, structure or community. II. Allowed Zones / Review Process Add to Table 6.01 (Table of Districts) the listing of Facilities as an allowed Conditional Use Permit in Districts. Allowed Uses in Commercial Single Room Occupancy (SRO) use with an approved the CG-2 and CR-2 Land Use III. Snecific Standards Tables Add to Table 6.03 (Table of Applicable Specific Standards in Commercial Districts) Single Room occupancy Facility Standards as a requirement for development. IV. Snecific Standards Add to section 19.06.030 - Land Use District Standards for Commercial Districts the specific standards: Development following SINGLE ROOM OCCUPANCY (SRO) FACILITY STANDARDS single Room Occupancy (SRO) facilities are subject to Conditional Use Permit review and approval and shall conform to the following standards: 1. SRO's shall not be located within 250 feet of a parcel which has a school for children, adult bookstore, bar or liquor store. 2. SRO's shall be located within 1/4 mile of a b~s stop. ATTACHMENT B Single Room Occu~y (SRO) Facility Proposed Developm~t Code Amendments June 24, 1991 Page 2 o 3. SRO's shall comply with the following parking requirements: 1 per full time SRO employee at maximum shift and 1 per 10 occupants 4. Secured bicycle or motorcycle spaces shall be provided at a ratio of 1 space per 5 guests. 5. Any design of a SRO project shall coordinate with and compliment the existing architectural style and standards of the surrounding land uses and local community. If a design theme has become established in an area, this should be reflected in the design and scale of the SRO project. 6. An unrestricted drop-off / pick-up / loading / temporary parking area shall be provided near a single entry located adjacent to front entry/desk area with a minimum of 5 parking spaces. 7. Exterior common areas and/or open courtyards should be provided throughout the project. If common areas are made available, these areas should be designed to provide passive open space with tables, chairs, planters, or small garden spaces to make these areas useful and functional for the resi- dents. Exterior common areas, including parking areas, should be illuminated with a minimum of 2 footcandles by low pressure sodium lighting from dusk to dawn. 8. Each guest unit shall be provided with following minimum amenities: the Adequate heating, conditioning. and ceiling fan or air Kitchen sink with garbage disposal. Counter top measuring a minimum of 12 inches deep and 24 inches wide. space and proper wiring for a microwave and small refrigerator. (These appliances must be available for rent.) Pre-wired for telephone and cable television. Toilet and sink in a separate room that is a minimum of 20 square feet. One bed space per person. Single Room Occu~cy (SRO) Facility Proposed Develop~t Code Amendments June 24, 1991 Page 3 o One closet per person. One storage/desk arrangement per person. Intercom system. Lockable door, which wide, opens inward, card access from a hallway or common area. is a minimum of 36 inches and has a reprogrammable key secured enclosed interior 9. The maximum occupancy and minimum unit size (not including toilet compartments) shall be: 1 person - 150 square feet. 2 persons - 175 square feet. The maximum unit size shall be 220 square feet. 10. Elevators shall be required on new SRO's which are 3 stories or more in height. 11. A full common kitchen facility shall be provided on each floor, if complete kitchens are not provided in each unit. 12. If complete bathrooms are not provided in each unit, shared showers shall be provided at a ratio of 1 per 7 occupants or fraction thereof on the same floor with interior lockable doors. These shall be directly accessible from indoor common areas or indoor hallways. 13. SRO facilities shall provide for one handicapped- accessible unit for every 25 units or fraction thereof for up to 100 units and one handicapped- accessible unit for every 40 units or fraction thereof for the number of units over 100. 14. At least one janitor closet and trash chute shall be provided on each floor. 15. Common laundry facilities shall be provided with 1 washer & 1 dryer for every 25 units. Keyed access for tenants only shall be provided. Defensible space concepts should be employed in the design and location of the laundry facility areas. 16. Common furnished and secured indoor space shall be provided at the following ratios: 4.5 sq. ft. per 150 to 159 sq. ft. unit 4.0 sq. ft. per 160 to 169 sq. ft. unit . Single Room occuar\cy (SRO) Facility Proposed Developm~t Code Amendments June 24, 1991 Page 4 o 3.5 sq. ft. per 170 to 179 sq. ft. unit 3.0 sq. ft. per 180 and up sq. ft. unit 17. A complete manager's residential dwelling unit shall provided. 18. Ingress and egress shall be strictly limited and monitored by the use of a front desk area which has a full view of the entry/lobby area, is staffed 24 hours a day, 7 days a week, and has an operational outdoor entry intercom system with intercoms in each unit, common areas, and the manager's apartment. Entrance into the hallways of common areas where individual units are located shall be regulated by the front desk clerk through the use of "buzz-in" doors. Each resident and guest must be cleared by the front desk clerk before entry is permitted. The required secondary egress areas shall also be alarmed and monitored. A notice shall be posted in the common indoor lobby area regarding contact procedures to investigate code compliance promblems. At least one pay telephone, a drinking fountain and individual mail boxes shall be provided in the lobby/front desk area. 19. A supply room shall be provided near the manager's unit. 20. SRO's of any size shall be required to have fully automatic fire sprinkler systems with a central monitoring system, alarm and fire annunciator in compliance with Fire Department standards. A manual fire alarm system shall also be installed. 21. All provisions of the Uniform Building Code and Uniform Fire Code must be complied with for hotels. However, reasonable equivalent alternatives to Fire and Building Code requirements may be utilized, if approval is obtained from the Chief Building Official and Fire Chief on a case-by-case, item-by item basis. 22. Defensible space concepts should be employed in the design and location of BROs. 23. Interior least 1 surface. hallways shall be brightly lit with at footcandle of lighting on the floor Single Room Occu~y (SRO) Facility Proposed Develop~ Code Amendments June 24, 1991 Page 5 o 24. All lighting fixtures shall be vandal and graffiti resistant. All common areas, including hallways, elevators and shower facilities should be made graffiti resistant through the use of special paint, texturing, carpeting or other means as approved by the Police Department. 25. A Management Plan shall be submitted for review and approval, or approval with modifications as part of the Conditional Use Permit. This Plan shall be comprehensive and shall include but not be limited to the following components: a. A staffing/personnel section with job descrip- tions for each position. A 24 hour, live-in manager is required. The number of cleaning, desk clerk, security and maintenance personnel shall be delineated. Adequate numbers of personnel shall be provided based on the number of units, amenities, services provided and project size. Staffing levels shall be provided in consideration of the number of hours per day needed for service. Considera- tion should be given to providing sufficient staff to handle emergencies. Housekeeping service shall be provided at an acceptable level to maintain clean rooms and sanitary living conditions. b. An emergency response section shall be prepared which outlines the roles of each staff member in emergency situations involving fire, police, medical and disasters. A system for training staff in proper emergency procedures shall be included. Emergency response hardware (ie. shut-off valves) shall be adequately labeled and identified for staff members in their training. c. Policies regarding compliance with state and federal fair housing laws shall be delineated, as well as a tenant selection/screening method. Residents referred by government or nonprofit agencies shall be accepted for screening without bias. Fair and legal eviction procedures, including an appeal process, shall be delineated. A tenant committee shall be established to handle SRO grievances and operational complaints by tenants. This committee's procedures/bylaws shall be delineated. d. Residency rules shall be delineated and provided and explained to each resident prior single Room Occu~y (SRO) Facility Proposed Developm~ Code Amendments June 24, 1991 Page 6 o to rental of a unit. e. Rental rate policies shall be delineated. These shall include the initial rent levels, ~olicies on the collection of rent, how 1ncreases in rent will be made and imple- mented. These policies shall also establish how security deposits, if any, will be set, received and returned. Limitations on rental rates to lower income persons may be made if public subsidies are provided. f. Guest policies shall be delineated and shall include rules regarding the allowed number of guests per resident, the time that guests may arrive and must depart. Guests shall be required to complete sign-in and sign-out sheets at the front desk and provide valid identification. If a resident fails to conform to the quest policies, the resident shall be evicted pursuant to applicable State law. OVernight guests are not permitted. g. If a resident is arrested on the premises (including the parking area) for drug or prostitution violations, the resident shall be evicted and prohibited from tenancy at the SRO facility for a minimum of 6 months. The management shall not rent rooms to known prostitutes or Penal Code 290 or Health and Safety Code 11590 registrants, as identified by the Police Department. h. A minimum of weekly tenancy shall be required. 26. Security provisions following manner: a. Video cameras equipped with infrared detectors must be strategically placed in all public areas including hallways, elevator entrances, lobby areas, garage areas, laundry areas, profit centers and other common areas, and monitored for internal security. The monitoring staff shall be separate from the front desk staff in order to provide for adequate monitoring. shall be provided in the NOTE: Infrared detectors are to activate a flashing light to help direct monitoring staff to specifc area of the facility. b. Unit locks shall doors shall be equipped and key card entrance be reprogrammable. with interior systems which . Single Room Occu~y (SRO) Facility Proposed Develop~ Code Amendments June 24, 1991 Page 7 o c. Shower area doors shall be equipped with interior locks with access by a management master key. An emergency call button or pull cord shall be provided. d. Front entry areas shall allow for adequate visual access into the front desk/lobby area by police from patrol cars. e. Each room and all common areas shall have operable windows, except for the first floor which may be fixed, if a reasonable equivalent alternative is approved by the Chief Building Official and Fire Chief. f. Adequate measures shall be taken to provide for vehicle parking security including limited secured access by electronic wrought iron security gates and fencing or alternative materials compatible with the architectural style, night lighting and video camera monitoring. Override devices for gates shall be provided for the Police and Fire Department. Parking shall be restricted to staff and occupants only, guests must park in the temporary parking facility. g. Pursuant to 19.06.030(27) or (28), if "failure by management" has occured or violations of conditions of approval are found, then a private security guard may be required to be provided on a 24 hours a day basis. The security guard shall be fully uniformed, bonded, P.O.S.T certified and licensed by the State to bear firearms. h. Valid photo identification shall be required as a condition of registration. A valid photo identification is a state or official driver's license, a military identification card, an official state identification card or a San Bernardino Police Department registration card. Management shall post in the registration area signs declaring that photo identification is required by tenants and a valid identification for their guests (photo identifaction not required), and that the registration information will be presented to the Police Department upon demand. i. Management is to keep and maintain comple~~ and accurate tenant registration cards 1n duplicate, including photocopies of required photo identification. Registration . Single Room OccuRr\Py (SRO) Facility Proposed Developm~ Code Amendments June 24, 1991 Page 8 o information shall include the name of the occupant, unit number, rental rate, vehicle type and vehicle license number. The duplicate copies of the registration cards shall be taken to the San Bernardino Police Department weekly. Registration information shall be provided to the Police Department upon demand. 27. A condition of approval of a SRO facility shall be compliance with Municipal Code Section 5.82 (Busi ness Permit Regulation's). A SRO facility with excessive drug or prostitution arrests may be brought before the Police Commission for review. If the Police Commission determines that a "failure by management" has occurred, in that a finding is made that excessive drug or prostitution arrests are occuring at the SRO facility, the Conditional Use Permit and Business License for the SRO facility shall be revoked, and a 30 day termination notice to the operator and occupants of the BRO facility shall be sent. Further operation of the BRO facility shall not occur without first processing and obtaining approval for a new Conditional Use Permit. 28. Condition compliance inspections by the City may be made, and the costs of such inspections shall be paid by the BRO facility operator. Any violation(s) of the conditions of approval, municipal codes, or state or federal laws or regulations pertaining to BRO facilities, as they exist at the time of the inspection, shall be corrected within the time period(s) specified in the notice of violation. If the Director makes a finding that the corrections have not been made within the specified time period(s), the Conditional Use Permit and Business License for the BRO facility shall be revoked, and a 30 days termination notice to the operator and occupants of the SRO facility shall be sent. Further operation of the BRO facility shall not occur without first processing and obtaining approval for a new Conditional Use Permit. Single Room occu~y (SRO) Facility Proposed Developm~t Code Amendments June 24, 1991 Page 9 o 29. The maximum number of SRO units to be brought into service within the City of San Bernardino after the effective date of the Development Code, shall be the number that accomodates 500 occupants. Prior to any proposed amendments to these SRO standards or to an increase in the maximum number of SRO units-in-service, the Department of Planning and Building Services shall present a report to the City Council with the following information: the number and location of permitted SRO projects, the number and capacity of existing SRO units, the average occupancy rate, the rent levels, the average number of vehicles per resident, and the perceived adequacies or deficiencies of the management services provided in the SRO facilities. JM:das SROFACILITIES CITY OF SAN _ .JERNARDINO C - ..JEMORANDUM c: To Planning Commission From Larry E. Reed, Director Subject Amendment of SBMC Sections 19.02.050 and 19.06.030 Date March 6, 1991 Approved Item No. 4 Date REOUEST To amend and add to the San Bernardino proposed Development Code to permit the construction, operation and regulation of Sinqle Room Occupancy (SRO) facilities subject to conditional use permit approval in RM, Residential Medium, RMH, Residen- tial Medium-Hiqh, RB, Residential Hiqh, and CR-2, Commercial Reqional (Downtown), General Plan desiqnated land use dis- tricts. CALIFORNIA ENVIRONMENTAL OUALITY ACT STATUS An Initial Study was prepared on the proposed Amendment chanqes and additions and presented to the Environmental Review Committee (ERC) members at their regularly scheduled January 31, 1991 meetinq. The ERC members recommended a Neqative Declaration on the proposed SRO facilities amendment chanqes and additions. The Amendment was advertised, commen- cinq a public review period that extended from February 7 throuqh February 27, 1991. No public comments have been received reqardinq the SRO facilities amendment chanqes and additions as of the writinq of this memorandum. ANALYSIS The sinqle Room Occupancy (SRO) Amendment chanqes and addi- tions have been proposed to both meet the needs for this type of sleepinq and livinq facilities as well as provide a means for their orderly regulation within the City's limits. For some time there has been a recoqnized and qrowinq need in San Bernardino and other southland communities of similar size and labor pool make-up, to provide smaller one or two person sleepinq and livinq facilities with weekly or lonqer term tenancy. Presently, such facilities have developed unchecked and larqely unregulated in various motel, hotel and apartment dwellinqs in areas throuqhout the City, with few controls, exceptinq the use of code violation proceedinq. The proposed development code amendments and additions of the SRO facilities will desiqnate four (4) specific land use districts only where these developments shall be permitted, subject to an approved conditional use permit, namely, within the RH, Residential Medium, RM8, Residential Medium-Hiqh, RB, Residential Hiqh, and CR-2, Commercial Reqional (Downtown). :R!OE .~ ~IN PROGRESS ~~~/ ATTACH~lENT C Amendment of SBMcQctions 19.02.050 and 19. 030 Planning Commissio Meeting of March 6, 1991 Page 2 o By limiting these SRO facilities to the four specific desig- nated districts, and requiring a conditional use permit approval to insure a full and careful screening of all proposed sites, surrounding property compatibility and provisions for sound design. Amenities as well as adoption of a management plan and security regulations, the City will be able to best regulate these facilities and see that they are properly maintained and security safe for their occupants. When any such facilities are found to be in violation of the management and security plan regulations, their business license shall be revoked and no further operation will be allowed until a new conditional use permit is processed and receives Planning Commission approval. RECOMMENDATION That the Planning Commission recommend to the Mayor and Common Council: To approve the amendment and additions of the proposed Development Code on single Room occupancy (SRO) facili- ties to permit their construction, operation and regu- lation in RM, RMH, RH and CR-2 designated land use districts, subject to Conditional Use Permit approval. R~~C:f;;- ;;;;ed, ~E. Reed, Director Planning and Building Services ?~(;.~ Paul G. scrogg"V Assistant Planner Attachments A - SRO Facilities Proposed Amendments Draft B - Initial study SRAMEND1902050