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. CITY OF SAN BERNAOINO - REQUEST FCO COUNCIL ACTION
From: A 1 Boughey, Di rector
Dept: Planning and Building Services
Date: October 3, 1991
Subject: Urgency ordinance adding section
19.62.020(8) to the Development Code
pertaining to reuse of non-conforming
structures
Mayor and Common Council Meeting of
UC~ODer I, l~~l, ,:uu p.m.
Synopsis of Previous Council action:
May 3, 1991 The ~ayor and Common Council adopted the Develop~ent Code
(Title 19 of the Municipal Code).
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Recommended motion:
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That further reading of the urgency ordinance be waived and that said urgency
ordinance be adopted.
Contact person:
Al Boughey
Phone:
384-5357
Supporting data attached:
Staff Report and Ordinance
Ward:
City-Wide
FUNDING REQUIREMENTS:
Amount:
N/A
Source: (Acct. No.)
(Acct. DescriPtion)
Finance:
Council Notes:
75.0262
Agenda Item No <)- 'I
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. CITY OF SAN BERNApqlNO -
...c.
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REQUEST FO~COUNO
STAFF REPORT
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Subject: Urgency Ordinance of the city of San Bernardino
adding Section 19.62.020(8) to the San Bernardino
Municipal Code authorizing the Director of Planning
and Building Services to permit the reoccupancy of
certain nonconforming structures.
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Mayor and Common Council Meeting of October 7, 1991
BACKGROUND & ANALYSIS
The purpose of the Nonconforming section of the Development
Code was described as" providing for the orderly
termination of nonconforming structures and uses to promote
the public health, safety and general welfare, and to bring
these stru9tures into conformity with the goals and policies
of the General Plan..." The intent of the Mayor and Common
Council w~ to bring nonconforming structures into compliance
with Code requirements as much as possible. However, the
intent was not to preclude the use or reuse of viable
structures.
In the case of nonconforming structures that have lost their
nonconforming status, (ie. they have been vacant 180 or more
days) in order to reoccupy a structure could require removal
of a portion (or portions) of the structure itself in order
to meet certain Code requirements such as height, setbacks or
lot coverage. The removal of a portion, or portions, of a
structure in order to meet certain Code requirements may
render the building unusable as a result. In addition, the
cost of removing portions, of buildings in order to meet a
setback requirement for example, may discourage reuse of
viable structures, thus adding to the problem of blight and
abandoned buildings.
CONCLUSION
The proposed urgency ordinance will clarify the intent of the
Mayor and Common Council regarding the reuse of viable
nonconforming structures.
75.0264
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Urgency ordiance...~ding Section 19.62.202(8)<:)
Mayor and Common Council Meeting of
October " 1991
Page 2
RECOMMENDATION
Staff recommends that the Mayor and Common Council adopt the
attached urgency ordinance.
Prepared by: Valerie C. Ross for
Al Boughey, Director of Planning and Building
Services
Exhibit: A - Urgency Ordinance
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,. 1 _ _
~ CITY OF SAN BERNAOINO - REQUEST FCO COUNCIL ACTION
From: A 1 Boughey, Di rector
Dept: Planning and Building Services
Date: October 3, 1991
Subject: Urgency ordinance adding section
19.62.020(8) to the Development Code
pertaining to reuse of non-conforming
structures
Mayor and Common Council Meeting of
UC~ODer I, 1~~1, ,:uu p.m.
Synopsis of Previous Council action:
May 3, 1991 The Mayor and Common Council adopted the Development Code
(Title 19 of the Municipal Code).
~
.
\
Recommended motion:
That further reading of the urgency ordinance be waived and that said urgency
ordinance be adopted.
Contact person:
Al Boughey
Phone:
384-5357
Supporting data attached:
Staff Report and Ordinance
Ward:
City-Wide
FUNDING REQUIREMENTS:
Amount:
N/A
Source: (Acct. No.l
(Acct. DescriPtion)
Finance:
Council Notes:
75.0262
Agenda Item No. ",-'I
.lib
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CITY OF SAN BERNAOINO - REQUEST FOQCOUNCIL ACTION
STAFF REPORT
Subject: Urgency Ordinance of the city of San Bernardino
adding Section 19.62.020(8) to the San Bernardino
Municipal Code authorizing the Director of Planning
and Building Services to permit the reoccupancy of
certain nonconforming structures.
Mayor and Common Council Meeting of OCtober 7, 1991
. BACKGROUND , ANALYSIS
The purpose of the Nonconforming section of the Development
Code was described as" providing for the orderly
termination of nonconforming structures and uses to promote
the public health, safety and general welfare, and to bring
these stru~ures into conformity with the goals and policies
of the General Plan..." The intent of the Mayor and Common
Council wa\to bring nonconforming structures into compliance
with Code equirements as much as possible. However, the
intent was not to preclude .the use or reuse of viable
structures.
In the case of nonconforming structures that have lost their
nonconforming status, (ie. they have been vacant 180 or more
days) in order to reoccupy a structure could require removal
of a portion (or portions) of the structure itself in order
to meet certain Code requirements such as height, setbacks or
lot coverage. The removal of a portion, or portions, of a
structure in order to meet certain Code requirements may
render the building unusable as a result. In addition, the
cost of removing portions, of buildings in order to meet a
setback requirement for example, may discourage reuse of
viable structures, thus adding to the problem of blight and
abandoned buildings.
CONCLUSION
The proposed urgency ordinance will clarify the intent of the
Mayor and Common Council regarding the reuse of viable
nonconforming structures.
75-0264
........
itJI
lJ
u
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Urgency ordiance....~ing section 19.62.202(8) <:)
Mayor and Common council Meeting of
october 7, 1991
Page 2
RECOMMENDATION
Staff recommends that the Mayor and Common Council adopt the
attached urgency ordinance.
Prepared by: Valerie C. Ross for
A1 Boughey, Director of Planning and Building
Services
Exhibit: A - urgency Ordinance
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1 ORDINANCE NO.
2 AN URGENCY ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING
SECTION 19.62.020(8) TO THE SAN BERNARDINO MUNICIPAL CODE
3 AUTHORIZING THE DIRECTOR OF PLANNING AND BUILDING SERVICES TO
PERMIT REOCCUPANCY OF CERTAIN NON-CONFORMING STRUCTURES, AND
4 DECLARING THE URGENCY THEREOF.
5 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
DO ORDAIN AS FOLLOWS:
SECTION 1.
Section 19.62.020 (8) of the San Bernardino
Municipal Code (Development Code) is hereby added to read as
follows:
"8. The Director shall permit a non-conforming structure to
be reoccupied without complying with the building dimensional
requirements (pertaining to height, setbacks and/or lot coverage)
or the landscaping requirements in this Title 19 where the use of
the non-conforming structure has been discontinued for a period of
six months or more and if the Director determines that a portion
of the structure or the required on-site parking must be removed
in order for the structure to conform with the provisions of Title
19. All other requirements in the Municipal Code, including but
not limited to Chapter 19.62, shall apply to the reoccupancy of
the structure."
SECTION 2.
The recently adopted Development Code of the
City has left numerous nonconforming structures making new and
continued financing difficult and in many cases impossible. It
has not been the intent of the Mayor and Common Council to drive
viable businesses out of the City by making their buildings non-
conforming due merely to new setback, height or building coverage
requirements.
It is urgent that such clarification, be made
immediately to protect the financial viability of these businesses
HE/dys/bu;ldin2.ord
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October 3, 1991
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and to protect the public health, safety and welfare by retaining
these taxpaying entities for the City and not to allow such
structures to contribute to the serious problem of blight and
abandoned buildings in the City.
SECTION 3. This urgency ordinance shall become effective
upon the date of adoption.
I HEREBY CERTIFY that the foregoing ordinance was duly
adopted by the Mayor and Common Council of the City of
meeting thereof, held on the
, 1991, by the following vote, to wit:
San Bernardino at a
_ day of
.
Council Members:
ABSENT
AYES
NAYS
ABSTAIN
ESTRAnA
REILLY
HERNANDEZ
MAUDSLEY
MINOR
POPE-LUDLAM
MILLER
City Clerk
The foregoing ordinance is hereby approved this
day
, 1991.
of
W. R. Holcomb, Mayor
City of San Bernardino
Approved as to form
and legal content:
JAMES F. PENMAN,
City Attorney
I /)
By: ~.....,., .. ). le.
H~;ld;n2.0rd
October 3, 1991
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