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CITY OF SAN BERARDINO - REQUEST ~R COUNCIL ACTION
Frflm: Al Boughey. Director Subject: Initiation of an amendment(s) - non-
conforming residential uses/structures
Dept: Planning and Building Services
Date: November 7. 1991
Mayor and Common Council Meeting of
November 18. 1991. 2:00 p.m.
Synopsis of Previous Council action:
Recommended motion:
That the Mayor and Common Council direct planning staff to prepare the appropriate
General Plan and/or Development Code Amendment(s) to remove the nonconforming status
on certain residential uses/structures.
nature Di rector
Contact person:
Al Boughey
Phone:
384-5357
Supporting data attached:
Staff Report
Ward:
City-Wide
FUNDING REQUIREMENTS:
Amount:
N/A
Source: (Acct. No.!
IAcct. Oescriotionl
Finance:
Council Notes:
'. Aaenda Item No 3q
c;lTY OF SAN BER,QRDINO - REQUEST .QR COUNCIL ACTION
" STAFF REPORT
SUBJECT: Initiation of an amendment(s) - non-
conforming residential uses/structures
Mayor and Common Council Meeting of
November 18, 1991
REQUEST
The request is to initiate the appropriate General
amendment(s) and/or Development Code amendment(s) to
provisions for existing residential uses/structures that
nonconforming because of 1evelopment standard requirements.
Plan
make
are
ANALYSIS
The General Plan contains poliCies pertaining to growth and
development in the City. While many of the poliCies pertain to new
development. there are policies that address existing uses.
The Development .~ode contains standards and gUidelines that
implement the General Plan. The Development Code addresses the use
and reuse of nonconforming structures and the continuation of
nonconforming uses. Some uses/structures have become nonconforming
because of new and/or different development stantards.
In some cases, such as the Arden-Guthrie apartments. multiple
family units exist in an area designated for multiple family
development but the units have become nonconforming because of new
density/lot size standards. That is, the use itself and the
structures are permitted, but the existing lots do not meet current
standards for the densi~y as built and the units are, therefore,
nonconforming.
If that use/structure 1s nonconforming and the use ceases for a
period of six months or more Ifor whatever.reason), reuse must be
in accordance with Development Code standards. In the case of the
Arden-Guthrie four-plexes, a portion of the bUilding would have to
be removed to result in two units or a duplex, or the four-plexes
would have to be remodeled and converted to duplexes.
CONCLUSION
There are residen~ial uses/structures in the City that meet the
intent of the General Plan as far as land use, but have become
nonconforming because of new or different development standards.
This presents an awkward situation if the use ceases to exist for
a period of six months and the nonconforming status is lost.
75-0264
J
Initiation of an amenomenqs) - l1ull-
conforming residential us~structures
Mayor and Common Council IVing
· November 18, 1991
Page 2
o
.
RECOMMENDATION
Staff recommends that the appropriate General Plan amendment (s)
and/or Development Code amendment (s) be initiated to address
existinq residential uses/structures 1n residential land use
desiqnations that have become nonconforminq because they do not
meet new development standards and make them conforminq, permitted
uses when they are consistent with the intent of the General Plan.
Prepared by:
Valerie C. ~oss, Senior rl?nner
for Al Boughey, Director
Planning and Building Services