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Ordinance No.
ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION
19.02.050, 19.06.020 (TABLE 06.01), 19.06.030 (TABLE 06.03),
19.06.030 (2), 5.82.020 AND 5.82.030 OF THE SAN BERNARDINO
MUNICIPAL CODE ALLOWING FOR THE DEVELOPMENT OF SINGLE ROOM
OCCUPANCY (SRO) FACILITIES IN THE CG-2 AND CR-2 LAND USE
DISTRICTS SUBJECT TO CONDITIONAL USE PERMIT AND BUSINESS PERMIT
REVIEW AND APPROVAL; ESTABLISHING SPECIFIC STANDARDS FOR SRO
FACILITIES; AND, LIMITING THE MAXIMUM NUMBER OF SRO UNITS
BROUGHT INTO SERVICE WITHIN SAN BERNARDINO TO 500 OCCUPANTS.
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
DO ORDAIN AS FOLLOWS:
SECTION 1.
SECTION
19.02.050 DEFINITIONS is hereby
amended to add the following definitions in alphabetical order:
"Defensible Soace
A design concept term used to describe
a series of physical design characteristics that maximize
resident control of behavior, particularly crime, within a
public, semiprivate or private area, structure or community.
Sinale Room Occuoancv (SROl Facilitv
A cluster of seven
or more units within a newly constructed residential hotel of
weekly or longer tenancy providing sleeping or living facili-
ties for 1 or 2 persons per unit, in which sanitary facilities
may be provided in the unit,
and cooking facilities may be
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shared wi thin the hotel."
SECTION 2. SECTION 19.06.020 - Table 06.01 COMMERCIAL AND
INDUSTRIAL DISTRICT LIST OF PERMITTED USES is hereby amended to
add to the Table a Single Room Occupancy (SRO) Facility listing
as a "7011 A" numbered use allowed under the CG-2 and CR-2 Land
Use District columns subject to an approved Conditional Use
Permit ("C").
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SECTION 3. SECTION 19.06.030 (2) Table 06.03 COMMERCIAL
AND INDUSTRIAL DISTRICTS SPECIFIC STANDARDS is hereby amended
to add to the Table a IIp'' listing for single Room Occupancy
(SRO) Facilities and the requirement for specific standards by
indicating the "+" symbol under the CG-2 and CR-2 Land Use
District columns.
SECTION 4. SECTION 19.06.030(2) LAND USE DISTRICT
SPECIFIC STANDARDS is hereby amended by adding the following:
"P. SINGLE ROOM OCCUPANCY (SRO) FACILITIES
Single Room Occupancy (SRO) facilities are
Conditional Use Permit review and approval
conform to the following standards:
1. SRO's shall not be located within 250 feet
parcel which has a school for children,
bookstore or theatre, bar or liquor store:
existing motels, hotels or apartments shall not
permitted to convert to SRO's.
SRO's shall be located within 1/4 mile of a bus stop.
SRO's shall comply with the following parking
requirements:
1 per full time SRO employee at maximum shift and 1
per 10 occupants
Secured bicycle or motorcycle spaces shall be
provided at a ratio of 1 space per 10 occupants.
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subject to
and shall
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of a
adult
and
be
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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.
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 residents. 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 SRO unit shall be provided with the following
minimum amenities:
Adequate heating and air conditioning. (Window
conditioning units are not permitted.
conditioning units maybe installed for each SRO
as long as they are flush with the exterior
surface. )
air
Air
unit
wall
Kitchen sink with garbage disposal.
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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.
One closet per person.
One storage/desk arrangement per person.
Intercom system.
Lockable door,
opens inward,
access from a
common area.
a minimum of 36 inches wide,
a reprogrammable key card
enclosed interior hallway or
which is
and has
secured
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 325 square feet.
Elevators shall be required on new SRO's which are 3
stories or more in height.
A full common kitchen facility shall be provided on
each floor, if complete kitchens are not provided in
each unit.
Complete kitchen shall include a range
stove, sink with garbage disposal, and refrigerator.
Cooking appliances or facilities shall be prohibited
in each SRO unit, unless approved in writing by the
management staff.
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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 or fraction
thereof for up to 100 units and 1 washer and 1 dryer
for every 50 units or fraction thereof for the number
of units over 100. 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
3.5 sq. ft. per 170 to 179 sq. ft. unit
3.0 sq. ft. per 180 and up sq. ft. unit
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Common indoor space means all useable interior common
areas not used for circulation or service facilities.
Common indoor space includes lobby, recreation room
or reading room.
17. 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 and common areas. 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
problems. At least one pay telephone, a drinking
fountain and individual mail boxes shall be provided
in the lobby/front desk area.
18. An adequately sized supply room shall be provided
with adequate security control.
19. 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.
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20. 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.
21. Defensible space concepts should be employed in the
design and location of SROs.
22. Interior hallways shall be brightly lit with at least
1 footcandle of lighting on the floor surface.
23. All lighting fixtures shall be vandal and graffiti
resistant. All ground-floor exteriors and 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.
24. A Management Plan shall be submitted for review and
approval, or approval with modificatins as part of
the Conditional Use Permit. This Plan shall be
comprehensive and shall contain provisions as
recommended by the Director of the Department of
Planning and Building Services and as adopted by the
Planning Commission. The failure of the property
owner to comply with the Management Plan may be
grounds for revocation of the Conditional Use Permit
pursuant to San Bernardino Municipal Code Chapter
19.36.
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25. Security provisions shall be provided in the
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 station
may be at the front desk. In order to provide
for adequate monitoring, the location and
configuration of monitors is subject to review
by the police Department.
NOTE: Infrared detectors are to activate a
flashing light to help direct monitoring staff
to a specific monitor and area of the facility.
b. Unit doors shall be equipped with interior locks
and key card entrance systems which shall be
reprogrammable.
c. Common shower area doors accessible through
hallways shall be equipped with interior locks
with access by a management master key. An
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emergency call button or pull cord shall be
provided.
Front entry areas shall allow for adequate
visual access into the front desk/lobby area by
police from patrol cars.
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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.
g. Pursuant to 19.06.030 (2) (P) (26) or (27), 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.
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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 identification is not
required, unless the guest is staying over-
night), and that the registration information
will be presented to the Police Department upon
demand.
i. Management is to keep and maintain complete and
accurate tenant registration cards in duplicate,
including photocopies of required photo
identification. Registration 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.
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26. A condition of approval of a SRO facility shall be
compliance with Municipal Code Chapter 5.82 (Business
Permit Regulation's). A SRO facility with excessive
drug or prostitution arrests may be brought before
the police Commission for review, with notice of that
review meeting being sent to the SRO facility owner.
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 Operators Permit
issued to the SRO facility may be revoked pursuant to
Municipal Code Chapter 5.82. Further operation of
the SRO facility shall not occur without first
processing and obtaining approval for a new Operators
Permit.
27. Condition compliance inspections by the City may be
made on an annual basis, and the costs of such
inspections, up to $5,000.00 adjusted annually for
inflation, shall be paid by the SRO facility
operator. Any violation(s) of the conditions of
approval, municipal codes, or state or federal laws
or regulations pertaining to SRO 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
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that the corrections have not been made within the
specified time period(s), the Conditional Use Permit
and operators Permit for the SRO facility may be
revoked pursuant to the provisions in Chapter 19.36
and 5.82 of the Municipal Code.
28. 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."
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1 SECTION 5. SECTION 5.82.020 PERMIT-REQUIRED is hereby
2 amended to read:
3 "It is unlawful for any person, whether as principal or
4 agent, clerk or employee, acting personally or for any other
5 person, or for any corporate entity, or as an officer of any
6 company, partnership or corporation, or otherwise, to commence,
7 manage or conduct the business of operating a hotel, motel,
8 single room occupancy facility, drive-through dairy, selling
9 food or nonalcoholic refreshments, or any business incidental
10 or auxiliary to the operation of on-and off-sale premises
11 licensed by the State Alcoholic Beverage Control, including but
12 not limited to restaurants, bars, cafes and the like, in the
13 city, without a valid and unsuspended permit issued by the City
14 Clerk or without complying with any regulation of such business
15 imposed under or by this chapter. The operation of any
16 business regulated by this chapter without having such a permit
17 from the City to do so, or without complying with any and all
18 regulations of such business required by this chapter, shall
19 constitute a separate violation of this chapter for each and
20 every day that such business is so operated."
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SECTION 6. SECTION 5.82.030 PERMIT-APPLICATION is hereby
amended to read:
"An applicant for a permit for the operation of any such
hotel, motel, single room occupancy facility, drive-through
dairy, selling food or nonalcoholic refreshments, or a business
incidental or auxiliary to the sale of alcoholic beverages on
premises licensed by the Department of Alcoholic Beverage
Control (ABC) shall apply for and obtain an operator's permit.
The application for such permit shall be filed with the city
Clerk, shall be signed under penalty of perjury and shall be
upon a form supplied by the City Clerk. The application shall
contain the true names, addresses, and criminal convictions, if
any (except for infractions of the Vehicle Code), of the
applicant and all persons financially interested in the
applicant's business and such other information as may be
deemed necessary by the City Clerk."
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ORDINANCE... ALLOWING FOR THE DEVELOPMENT OF SINGLE-ROOM
OCCUPANCY (SRO) FACILITIES IN THE CG-2 AND CR-2 LAND USE
DISTRICTS SUBJECT TO CONDITIONAL USE PERMIT AND BUSINESS PERMIT
REVIEW AND APPROVAL; ESTABLISHING SPECIFIC STANDARDS FOR SRO
FACILITIES; AND, LIMITING THE MAXIMUM NUMBER OF SRO UNITS
BROUGHT INTO SERVICE WITHIN SAN BERNARDINO TO 500 OCCUPANTS
I HEREBY CERTIFY that the foregoing ordinance was duly
adopted by the Mayor and Common Council of the City of San
meeting thereof,
held on the
Bernardino at a
day of
1991, by the
following vote, to wit:
ABSTAIN
ABSENT
Council Members
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HMS.
ESTRADA
REILLY
HERNANDEZ
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, ~
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