HomeMy WebLinkAbout41-Planning and Building
CI,TY!>F SAN BER~DINO-
REQUEST ~R COUNCIL ACTION
From:AI Boughey, Director
General plan Amendment No. 91-21/
Su~e~:Development Code Amendment No. 91-0~
A proposal to change the text of the
RU, RM, RMH and RH to establish
legally existin~ multi-family struct
ures as conform~ng and permitted use
Mayor and Common Council Meeting
lI't::LLUCU.Y 3, 1~~2
Dept:Planning & Building Services
Dau:January 15, 1992
Synopsis of Previous Council action:
On June 2, 1989, the Mayor and Common Council adopted the General Plan.
On June 3, 1990, the Mayor and Common Council adopted the Development Code.
On November 18, 1991, the Mayor and Common Council directed staff to initiate
a general plan amendment to establish legally existing multi-family structure
as conforming and permitted uses in multi-family districts.
On January 7, 1992, the Planning Commission recommended that the Mayor and
Common Council approve and adopt General Plan Amendment No. 91-21 and
Development Code Amendment No. 91-09.
Recommendad motion:
That the public hearing be closed and that the resolution and the
ordinance be adopted.
Al
Conta~ person:
Al Boughey
Phone:
384-5357
Supporting data attachad:Planning Commission Staff Repor\vard: All
FUNDING REQUIREMENTS:
Amount:
N/A
Source: (Acct. No.1
(Acct. Descriotionl
Finance:
:::ouncil Notes:
75-0262
Agenda Item No
///
ClTY f)F SAN BER~DINO - REQUEST 'OR COUNCIL ACTION
STAFF REPORT
SUBJECT
General Plan Amendment No. 91-21/Development Code
Amendment No. 91-09
Mayor and Common Council Meeting of
February 3, 1992
REOUEST
This City initiated proposal is to amend the text of the RU,
Residential Urban, RH, Residential Medium, RMH, ~esidential Medium
High and RH, Residential High land use designations to allow multi-
family units which were legally established prior to the adoption
of the Development Code on June 3, 1991, to remain as conforming,
permitted uses. / The General Plan and the Development Code both
require text changes to accommodate the proposal.
BACKGROUND
Neither the General Plan nor the Development Code contain
provisions to allow preexisting multi-family units to remain as a
permitted use. Many multi-family units became legal nonconforming
upon adoption of the General Plan and/or the Development Code. As
such, these uses cannot be expanded or intensified.
ENVIRONMENTAL
The proposed text amendments to the General Plan and the
Development Code have been reviewed for exemption in accordance
with the CEQA Guidelines. Section 15061(b) (3) of the Guidelines
states that generally, CEQA applies only to projects which have the
potential to cause a significant effect on the environment. The
new provisions will make existing multi-family units legal,
conforming uses in multi-family districts. Potential effects on
the City's neighborhoods and districts will only be minimal because
the density permitted by the mUlti-family land use designation,
respectively, cannot be exceeded. The mUlti-family dwelling units
affected by these amendments already exist and any structural
modifications or additions or land use changes will be subject to
the standards in the Development Code. Therefore, the proposed
text amendments will not have a significant effect on the
environment and are not subject to CEQA.
PLANNING COMMISSION RECOMMENDATION
This amendment request for the General Plan and the Development
Code was considered by the Planning Commission at a noticed public
'5.0264
.
.
o
o
GPA No. '1-21/DCA No. '1-0'
Mayor an4 Common Council Meeting of
February 3, 1"2
Page 2
hearing on January 7, 1992. The Planning Commission recommended
the adoption of General Plan Amendment No. 91-21 and Development
Code Amendment No. 91-09 to change the text of the General Plan and
the Development Code to establish legally existing mUlti-family
structures as legally conforming, permitted uses.
MAYOR AND COMMON COUNCIL OPTIONS
1. The Mayor and Common Council may adopt the resolution and the
ordinance and approve General Plan Amendment No. 91-21 and
Development Code Amendment No. 91-09 based on the findings in
the resolution and ordinance.
2. The Mayor and Common Council may direct staff to address
alternatives to the text amendment requests.
3. The Mayor and Common Council may deny General Plan Amendment
No. 91-21 and Development Code Amendment No. 91-09.
RECOMMENDATION
Staff recommends that the Mayor and Common Council adopt the
resolution and the ordinance, copies attached, which adopt and
approve General Plan Amendment No. 91-21 and Development Code
Amendment No. 91-09 as presented.
Prepared by:
Deborah Woldruff, Associate Planner
for Al Boughey, Director
Planning and Building Services
Attachment 1: Staff Report to Planning Commission
January 7, 1992
Attachments A and B Proposed Text Changes (Not
included - See Attachments 2 and 3)
Attachment 2: Resolution
Attachment A Text Changes to the General Plan
Attachment 3: Ordinance
Attachment A
Attachment B
Attachment C
Attachment D
Purpose Statements (RU,RM,RMH,RH)
Table 04.01
Table 04.03
Land Use District Specific Standards
.~~
..
r
..
, ,
CITY OF SAN BEORDINO PLANNING
AND BUILDING SERVICES DEPARTMENT
SUMMARY
o
AGENDA ITEM 1 C
HEARING DATE 1-;-92
WARD Ci::v.....ide
to.
w
en
c
(,)
General Plan ~e:1d:nent. ::0.
91-21 a~d Deve1o;~e~t C~de
Amendment No. 91-09
APPLICANT: Ci toy r:li ::ia ted
OWNE;:l: Various
Iii
w
=>
o
w
a::
-
c
w
a::
c
A proposal to change the text of the General Plan and the
Development Code to establish existing mUlti-family
residential units as conforming and permitted uses in
mUlti-family land use districts, (RU, Residential Urban,
RM, Residential Medium, RMH, Residential Medium High and
RH, Residential High), Citywide.
PROPERTY
EXISTING
LAND USE
ZONING
GENERAL PLAN
DESIGNATION
N/A
N/A
N/A
N/A
HIGH FIRE '- YES
HAZARD ZONE; JCC NO
FLOOD HAZARD = YES = ZONE A ( SEWERS: = YES )
ZONE. *xNO = ZONE S ~O
AIRPORT ~OISE: = YES REOeVELOPMENT _ yes
CRASH ZONE. PROJECT AREA;
:D<NO ~XNO
C POTENTlAL SIGNIFICANT Z 0 APPROVAL
EFFECTS WITH 0
MITIGATlNG MEASURES -
l- e CONDITIONS
NOE.l.R. C
II.Q
C ELF! "ECUIRED BUT NO II.Z 0 DENIAL
SIGNIF,CANT EFFECTS CW
WITH MITlGA TlNG Iii I
MEASURES - CONTINUANCE TO
' '
0 -
C SIGNIFICANT EFFECTS (,)
SEE ATTACHED E.R.C W
MINUTES a::
~l.Nri.02 ItAQi 1 OF I ..lC\
Attachment 1
GEOLOGIC I SEISMIC = YES
HAZARD ZONE. XX NO
o NOT .
~ APPLICABLE
I-
zen
wo
2 Z exEMPT
Z-
OQ
a::l:
-II.
Z> 0 NO SIGNIFICANT
W EFFECTS
oj... , "-III ......,
:I~__.
08SERV A TIONS
CASE 0 9l-21/DCA 9~-1}9
AGENDA ITEM 1 n
HEARING DATE 1-7-92
PAGE 2
.
, CITY OF SAN BE RODINO PLANNING
AND BUILDING SERVICES DEPARTMENT
""""I
R.!lOtrEST 101m :.oCATION
This proposal is to amend the text of the RU, Residential Urban,
RM, Residential Medium, RMH, Residential Medium High and RH,
Residential High land use designations to allow multi-family units
which were legally established prior to the adoption of the General
Plan on June 2, 1989, to r8lllain as conforming, permitted uses. The
General Plan and the Development Code both require text changes to
accommodate the proposal.
BACltGROmm
The General Plan does not include specific language addressing
provisions to allow preexisting multi-family units to remain as a
permitted use. Many multi-family units became legal nonconforming
upon adoption of the General Plan and/or the Development Code. As
such, these uses cannot be expanded or intensified.
CALIFORNIA ENVIRONMENTAL OUALITY ACT ICEOAI STATUS
The proposed text amendments to the General Plan and the
Development Code have been reviewed for exemption in accordance
with the CEQA Guidelines. Section lS06l(b) (3) of the Guidelines
states that generally, CEQA applies only to projects which have the
potential to cause a significant effect on the environments. The
multi-family dwelling units affected by these amendments already
exist. The new provisions will make the units legal, conforming
uses ~nd will allow for physical modifications and additions in
accordance with current standards.
Similarly, the mUlti-family districts affected will not be impactEd
since the density permitted cannot be exceeded. Therefore, the
proposed text amendments will not have a significant effect on the
environment and are not subject to CEQA.
COMMENTS R.!lCEIVED
No comments received
....
-..... '='" -..- .......-0
CllItfIIIAI..........-..
Ct!.JoN.i,C' ;lIA,Gi c=.
J.;c\
~
CITY OF SAN BER ARDINO PLANNING
AND BUILDING SERVICES DEPARTMENT
CASE r.::>~ Ql-'l/DCA n_n~
OBSERVATIONS
AGENDA ITEM
HEARING DATE
PAGE
10
1-7-92
3
~
...,
umLYSIS
GmlZRAL PLAN A1l1) DZVELOPMElf'l' COD. PROVISIONS
Many of the City's multi-family units are classified as
nonconforminq structures and uses for reasons relatinq to newer
code standards such as lot size, setbacks or, in some cases
density. While some of these units became nonconforminq as a
result of new City policies and standards, other such units were
classified as nonconforminq by beinq located in an areas recently
annexed to the City.
The General Plan contains policy (General Plan Policies 1.7.9)
which allows these multi-family units to continue a. nonconforminq
str..1ctures in any land use district. However, nonconforminq status
only allows for the maintenance of such units and their minimal
expansion. The only other provision is contained in General Plan
Policy 1.7.10 which allows for reconstruction of residential
buildinqs in the event of their destruction due to catastrophe.
other lanquaqe in the General Plan addresses the City'S recoqnition
of existinq neiqhborhoods as important resources that must be
maintained. In the preamble to the General Plan, stable and well
maintained neiqhborhoods are identified as important contributors
to the overall quality of'life of City residents. This view is
reiterated in the Land Use Element as a City qoal, as follows:
It shall be a qoal of the City .
. to:
"Achieve a pattern and distribution of land uses which
a.
retain and enhance
neiqhborhoods . . .;
established
residential
b. provide for the revitalization, adaptive reuse, and
upqrade of deteriorated neiqhborhoods . . .;
c. provide distinctive and compatible residential
neiqhborhoods . , .,
. . .
m.
provide a hiqh quality of
environment for the City'S
(General Plan Goal lG)
life and
residents
secure
"
~t';":'~.~..l
.
~
;:tLAN.'.aI IIAGE ~ OF : ,$.;(:}
.
CITY OF SAN BER ARDINO PLANNING
AND BUILDING SERVICES DEPARTMENT
CASE PA 91-21/DCA Sl-09
OBSERVATIONS
AGENDA ITEM
HEARING DATE
PAGE
10
1-7-92
4
,.
""I
This direction is continued in other chapters of the General Plan.
The Housinq Element is concerned with meetinq the city's housinq
needs particularly with reqard to affordable housinq. General Plan
Goal 2B focuses on the conservation and upqrade of existinq housinq
which constitutes some of the City's affordable housinq stock. The
emphasis, however, is on the intent to retain and enhance existinq
residential structures.
The passaqes cited siqnify that the basic intent of the General
Plan with reqard to existinq residential uses, is for their
continuation.
COMPATIBILITY, CONSISTENCY AND COMPLIANCE
Since the multi-family structures in question are already existinq
in mUlti-family districts, compatibility ,is not an issue. staff
reviewed the proposal and determined that no environmental impacts
would result.
The proposed text amendment to the Land Use Element is internally
consistent as indicated by General Plan Goal IG (and others) which
encouraqes that established residential neiqhl:lorhoods be retained
and enhanced. The limitations of nonconforminq status imposed upon
some multi-family units,. because of noncompliance with new
standards, make it difficult to achieve this qoal. The proposed
text chanqes remove the limitations of nonconformity.
Similarly, staff has reviewed the Development Code t~ ensure that
the text amendments to Chapters 19.04 (Residential Districts) are
internally consistent.
All new construction, as well as construction of additions to
existinq structures, must adhere to the requirements, standards
and desiqn quidelines of the Development Code.
PROPOSED TZU AKIlNDKENTS
As stated, this amendment proposal would result in text chanqes to
both the General Plan and the Development Code. The text chanqes
would establish existinq multi-family structures as conforminq uses
in the RU, RM, RMH and RH land use desiqnations. The objective is
to remove the nonconforminq status in order to ensure the
continuation of such structures, allow for more than minimal
expansion and/or rehabilitation and reconstruct.:.on followinq a
catastrophe. It should be noted that any proposed additions or
r....:.~-===
...
....
Pl....AN-..oI PAGE' OJ:' .:";0)
.
,
CITY OF SAN BER DINO PLANNING
AND BUILDING SERVICES DEPARTMENT
OBSERVATIONS
CASE PA 91-21/DCA 91-09
AGENDA ITEM 10
HEARING DATE 1-7-92
PAGE 5
,
~
alterations to an existinq multi-family structure would be subject
to the requirements of the mUlti-family land use district in which
the project is located.
Existinq multi-family str.:ctures located in sinqle-family,
commercial, industrial or any other land use district would still
be nonconforminq and subject to the correspondinq General Plan
policies and Development standards.
CONCLt7SIOH
Specific passaqes contained in the General Plan reflect the intent
to retain and enhance established residential neiqhborhoods. The
limitations of nonconformity imposed upon existinq mUlti-family
units inhibit the achievement of General Plan qoals.
Since this proposal will apply to existinq multi-family structures,
no siqnificant environmental effects have been identified. As
such, compatibility in mUlti-family districts is not an issue.
Establishinq these structures as leqal conforminq uses is
consistent with General. Plan qoals and pOlicies specifically
relatinq to conservation of the city's housinq stock and the
retention and enhancement of established neiqhborhoods. The text
chanqes will establish existinq mUlti-family structures as
conforminq uses in specified multi-family districts. The result
is t~at the policies, standards and requirements for nonconforminq
uses will no lonqer apply.
....
~
~';..:~-;~~1
PLAN.I.QI ClAGC 101= 1 4.iOl
nl
,
CITY OF SAN BER ARDINO PLANNING
AND BUILDING SERVICES DEPARTMENT
CASE GPA 9l-2l/DCA 91-09
10
1-7-92
6
OBSERVATIONS
AGENDA ITEM
HEARING DATE
PAGE
I'IlfDINQS
GDlBRAL PLAN AHZJI])MENT
The proposal to chanqe the text of the RO, Residential Orban, RM,
Residential Medium, RMH, Residential Medium Hiqh and RH,
Residential Hiqh desiqnations to establish existinq mUlti-family
structures as conforminq uses is internally consistent with the
qoals established in the General Plan.
All elements of the text amendment proposal would not be
detrimental to the public interest, health, safety, convenience,
or welfare of the City.
The elements of the proposed text amendllient would maintain the
appropriate balance of land uses within the city.
IlEVELOPMENT COIlB AXElfDHENT
The proposal to chanqe the text of the Development Code to allow
multi-family structures which existed in mUlti-family districts
prior to June 2, 1989, to remain as permitted uses is consistent
with the General Plan.
All elements of the proposed text amendment would not be
detrimental to the public interest, health, safety, convenience,
or welfare of the City.
"'-'
~
CIf'O .,. _ .-..0
CI.___rllQ......
-!.AN.I.e. :!lAG;' o~ 1
"ell
r 'r CITY OF SAN BERo'DINO PLANNING CASE OA 91-2:/0CA ""I
. 91-09
AND BUILDING SERVICES DEPARTMENT AGENDA ITEM 10
OBSERV A liONS HEARING DATE 1-7-92
PAGE 7
,. ""I
UCOMM!lNDA'l'IOH
Staff recoDllllends that the Planninq CODllllission make a recommendation
to the Mayor and Common Council that:
The text of the General Plan and the Development Code be
chanqed to establish existinq mUlti-family structures as
conforminq uses in multi-family districts.
Resp~ctfull~!ubmitted,
([1/ b~J.l).v-
,~ "v
Al Bou~ or
Planninq~Buildinq Services
r'\ ' - I 'i t I
r /V Le'-o'!!~" -ZA,ji(.1:"~'cA/...........
\ Debora~ Wo!druff t'~
~ssociate Planner
/dw
Attachments:
A - Proposed Text Chanqes for the General Plan
B - Propo~ed Text Chanqes for the Development Code
...-
j
~~~J..!-;~
i"lAN.l:I "AGE ~ OJ:' . J, ~I
.
,
QOlution No.
o
1 RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING AND
APPROVING GENERAL PLAN AMENDMENT NO. 91-21 TO THE GENERAL PLAN
2 OF THE CITY OF SAN BERNARDINO.
3
4
5
6
7
8
9
BE IT RESOLVED BY THE MAYOR AND THE COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1.
Recitals
(a)
The General Plan for the City of San Bernardino was
adopted by the Mayor and Common Council by Resolution No. 89-
159 on June 2, 1989.
(b)
General Plan Amendment No. 91-21 to the General Plan
of the city of San Bernardino was considered by the Planning
10
commission on January 7, 1992, after a noticed public hearing,
11
12
13
14
15
16
17
18
and the Planning commission's recommendation of approval has
been considered by the Mayor and Common Council.
(c) The Planning commission determined that General Plan
Amendment No. 91-21 was exempt from CEQA in accordance with
Section 15061(b) (3) of the CEQA Guidelines which states that
CEQA only applies to projects that have the potential to cause
a significant effect on the environment.
(d)
The Mayor and Common Council held a noticed public
19 hearing and fully reviewed and considered proposed General
20
21
22
23
24
25
26
27
28
Plan Amendment No. 91-21 and the Planning commission Staff
Report on February 3, 1992.
(el
The adoption of General Plan Amendment No. 91-21 is
deemed in the interest of the orderly development of the City
IIII
IIII
IIII
IIII
1
-
,
o
o
1 and is consistent with the goals, objectives and policies of
2 the existing General Plan.
S SECTION 2. Findinas
4 BE IT FURTHER RESOLVED by the Mayor and Common Council
5 of the city of San Bernardino that:
6 A. The proposed amendment to change the text of the RU,
7 Residential Urban, RM, Residential Medium, RMH,
8 Residential Medium High and RB, Residential High land use
9 designations to establish legally existing multi-family
10 structures as conforming and permitted uses is internally
11 consistent with the goals established in the General
12 Plan.
13 B. All elements of the text amendment would
14 detrimental to the public interest, health,
15 convenience, or welfare of the city.
16 C. The elements of the proposed text amendment would not
17 affect the appropriate balance of land uses within the
18 city.
19 SECTION 3. Amendment
20 BE IT FURTHER RESOLVED by the Mayor and Common Council
21 that:
22 A. The text of the General Plan of the City of San
23 Bernardino is amended by adding Policy 1.12.12 to section
24 d. Residential Urban, Permitted Use. Densitv. and Heiaht
25 policies located on page 1-60; and adding Policy 1.13.14
26 to Section e. Residential Multi-Familv. Permitted Use.
27 IIII
28 IIII
not be
safety,
2
'Ii
o
o
1 Densitv. and Heiaht policies located on page 1-62 of the
2 Land Use Element, entitled Attachment 2 (A-1 through A-
3 3). This amendment is designated General Plan Amendment
4 No. 91-21 a copy of which is attached and incorporated
5 herein by reference. [Attachment 2 (A-1 through A-3)]
6 B. General Plan Amendment No. 91-21 shall be effective
7 immediately upon adoption of this resolution.
8 SECTION 4. Text Notation
9 This resolution and the amendment affected by it shall
10 be noted on the appropriate General Plan pages that have been
11 previously adopt.ed and approved by the Mayor and Common
12 Council and which are on file in the office of the City Clerk.
13 SECTION 5. Notice of Exemction
14 The Planning Division is hereby directed to file a Notice
15 of Exemption with the County Clerk of the Board of the County
16 of San Bernardino certifying the City's compliance with CEQA
17 in determining the exemption status of General Plan Amendment
18 No. 91-21.
19 IIII
20 IIII
21 I I I I
22 IIII
23 IIII
24 IIII
25 IIII
26 IIII
27
28
3
, RESOWTION. . QOPTING AND APPROVING GE~L PLAN AMENDMENT
NO. 91-21 TO THE GENERAL pLAN OF THE CITY OF SAN BERNARDINO.
1
I HEREBY CERTIFY that the foregoing resolution was duly
2
adopted by the Mayor and Common Council of the City of San
3
Bernardino at a
4
5
6
7
8
9
meeting therefore, held on
the
day of
, 1992, by the following
vote, to wit:
Council Members:
NAYES
ABSTAIN
ABSENT
AYES
ESTRADA
REILLY
HERNANDEZ
10 MAUDSLEY
11
12
13
MINOR
POPE-LUDLAM
MILLER
14
15
16
17
18
19
20
21
City Clerk
The foregoing resolution is hereby approved this
day of , 1992.
W.R. Holcomb, Mayor
City of San Bernardino
22 Approved as to
form and legal content:
23
24
25
26
27
28
JAMES F. PENMAN
City Attorney
j,.-,. ~ 1- PiP J.'--'-'
4
L
'I
o
o
d. Residential Urban
Obiective
It shall be the objective of the City of San Bernardino to:
1.12 Promote the development of singl~family detached and attached, duplex,
mobile home parks, and small lot subdivisions where the intent is to
consolidate lots to achieve more open space.
Policies
It shall be the policy of the City of San Bernardino to:
Permitted Use. Density. and Height
1.12.10
Permit the development of singl~family detached units, mobile home
parks,L small lot sing!~family unit subdivisions, and multi-family units at
a density of up to 9 units per gross acre and height of two stories and loft
(35 feet) in areas designated as "Residential Urban" (RU-l and RU-2) (Il.l
and 11.2).
1.12.11 Permit the development of senior citizen and senior congregate care
housing to a maximum density of 14 units per net acre and height of two
stories provided that a marketing and financing analysis is conducted
which determines long-term feasibility; a plan is prepared for the
conversion of seniors units to standard units, with a corresponding
reduction in the nUI1].ber of units, if the project is not occupied by qualified
. seniors; and all Code requirements are met aU).
**1.12.12 See Page 1-62A
Densitv and Development Guidelines
i
i
1.12.30 Require the following minimum lot sizes:
,
:
a. two singl~family units or a duplex: 7,200 square feet in areas
designated as RU-l;
b. two singl~family units or duplexes on existing lots of record, recorded
as of the date of the adoption of this Plan, having 6,200 square feet or
greater in areas designated as RU-2;
c. small lot subdivisions: 5,000 square feet, as a part of a Planned
Residential Development;
d. clustering of permitted units (11.1 and 11.2).
,
1-60
2/92
Attachment 2
(A-I)
,
Policies
o
o
It shall be the policy of the City of San Bernardino to:
Permitted Use. Density and Heiiht
1.13.10
1.13.11
1.13.12
Permit the development of multi-family townhomes and apartments at a
density of 9.1 to 14 units per net acre and height of three stories (42 feet) in
areas designated as "Residential Medium" (R.\'I) au and 11.2).
Permit the development of multi-family condominiums and apartments at
a density of 14.1 to 24 units per net acre and height of three stories (42 feet)
in areas designated as "Residential Medium High" (RMH) au and 11.2).
Permit the develop~ent of multi-family condominiums and apartments at
a density of 24.1 to 36 units per net acre and height of four stories (56 feet)
in areas designated as "Residential High" (RH) (Il.l and 11.2).
1.13.13 Permit the development of senior citizen and senior congregate care
housing at a density of 50 percent greater than that allowed in the
residential zone in accordance with the conditions of Policy 1.1211 (11.1).
...1.13.14 See Page 1-62A
Design and Development Guidelines
1.13.30
1.13.31
1.13.32
(
Require a minimum lot size of 14,400 square feet for the development of
multi-family units at the RM density; lots of smaller size shall be
developed at the RU-l and RU-2 density in accordance with Policies
1.12.10 through 1.1235 (11.1 and 11.2).
Require a minimum lot size of 20,000 square feet for the development of
multi-family units at the R.\.fH and RH densities; lots of 14,400 to 20,000
square feet may be developed at the RM density and lots of less than
14,400 square feet may be developed at the RU-l and RU-2 density in
accordance with Policies 1.12.10 through 1.12.35 <n.l and 11.2).
Require that multi-family residential developments convey a high quality
and distinctive neighborhood character, including:
a. use of materials, colors, and 1arms that are typical of lower density
residential areas;
b. differentiation of facades and elevations by the use of offset planes and
cubic volumes, articulation of building details (columns, beams, etc.),
inclusion of balconies, arcades, or recessed or projecting windows to
convey a three-dimensional sense, and other techniques which avoid
"box" -like structures;
1-62
2/92
Attachment 2
(A-2)
,
_..........---
,
Add **
Add ***
o 0
1.12.12 Allow existing multi-family units to remain as
a conforming, permitted use in areas designated
as "Residential Urban" (RU-l and RU-2) (11.1
and 11.2).
1.13.14 Allow existing mUlti-family units to remain as
a conforming, permitted use in areas designated
"Residential Medium" (RM), "Residential Medium
High" (RMH) and "Residential High" (RH) (11.1
and 11. 2) .
Page l-62A
2/92
'Attachment 2
(A-3)
"
<:) Ordinance No.
o
ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTIONS
1 19.04.010(2) (D. AND E.) AND 19.04.030(2) (L.- P.) AND TABLES 04.01
AND 04.03 OF THE SAN BERNARDINO MUNICIPAL CODE (DEVELOPMENT CODE)
2 TO ESTABLISH LEGALLY EXISTING MULTI-FAMILY STRUCTURES AS PERMITTED,
CONFORMING USES IN THE RU, RESIDENTIAL URBAN, RM, RESIDENTIAL
3 MEDIUM, RMH, RESIDENTIAL MEDIUM HIGH AND RH, RESIDENTIAL HIGH LAND
USE DISTRICTS CITYWIDE AND TO ESTABLISH STANDARDS FOR ADDITIONS,
4 ALTERATIONS AND EXPANSIONS TO SUCH STRUCTURES.
5 THE MAYOR AND THE COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
DO ORDAIN AS FOLLOWS:
6
7
SECTION
Page
Section
RU
19.04.010(2) (D),
11-2,
1.
(RESIDENTIAL URBAN) DISTRICT is amended to add to the end of the
8
paragraph a sentence to read: "MUlti-family units which legally
9 existed in the RU-1 and RU-2 districts prior to June 3, 1991 may
10
11
12
13
14
15
remain as a permitted
use."i
See Attachment 3 (A), (Page 11-2 of
the Development Code) attached hereto and incorporated herein by
reference.
Page 11-2, Section 19.04.010(2) (E), (RESIDENTIAL MULTI-FAMILY
DISTRICTS), RM, Residential Medium, RMH, Residential Medium High
and RH, Residential High Districts, is amended to add to the end
16 of the second paragraph a sentence to read: "Multi-family units
17
which legally existed in the mUlti-family districts prior to June
183,1991 may remain as a permitted use.": See Attachment 3 (A),
19 (Page 11-2 of the Development Code) attached hereto and
20 incorporated herein by reference.
21
22
23
24
25
26
27
28
SECTION 2 .
Section
19.04.020,
Table 04.01,
Page 11-4,
PERMITTED, DEVELOPMENT PERMITTED, AND CONDITIONALLY PERMITTED USES,
is amended as follows: [See Attachment 3 (B), (Page 11-4 of the
Development
hereto and incorporated herein by
Code)
attached
reference. ]
IIII
IIII
1
1
2
3
4
5
6
7
8
9 SECTION 3. Page 11-12, section 19.04.030, Table 04.03,
10 RESIDENTIAL DISTRICTS SPECIFIC STANDARDS, is amended as follows:
11 [See Attachment 3 (C), (Page 11-12 of the Development Code)
12 attached hereto and incorporated herein by reference.]
a) Reletter Item L. Planned Residential Development to Item
13
14
15
16
17
18
19
20
21
22 SECTION 4. Pages 11-23 through 11-31, section 19.04.030(2),
23 LAND USE DISTRICT SPECIFIC STANDARDS, are amended as follows: [See
24 Attachment 3 (0-1 through 0-5), Pages 11-23, 11-24, 11-27, 11-29
25 and 11-31, attached hereto and incorporated herein by reference.]
26 a) Reletter Item L. PLANNED RESIDENTIAL DEVELOPMENT/SMALL
27 LOT SUBDIVISIONS to Item M.;
28 ////
..
a)
b)
c)
d)
e)
f)
b)
c)
d)
e)
o
o
Reletter Item L. Planned Residential Development to Item
M. ;
Add Item L. MUlti-Family Dwellings, Existing;
Reletter Item M. Second Dwelling Unit to Item N.;
Reletter Item N. Senior Citizen/Congregate Care Housing
to Item 0.;
Reletter Item O. Single Family Dwellings to Item P.;
Reletter Item P. Small Lot Subdivision to Item Q.
M.:
Add Item L. Multi-Family Housing, Existing;
Reletter Item M. Recreational Vehicle Storage to Item N. ;
Reletter Item N. Second Dwelling Unit/"Granny" Housing
to Item 0.;
Reletter Item O. Senior citizen/Congregate Care Housing
to Item P.;
f)
Reletter Item P. Small Lot Subdivision to Item Q.
2
,
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16 IIII
17 IIII
18 IIII
19 IIII
20 IIII
21 IIII
22 IIII
23 IIII
24 IIII
25 IIII
26 IIII
27 IIII
28 IIII
o
o
b) Add Item L. MULTI-FAMILY HOUSING, EXISTING:
"L. MULTI-FAMILY HOUSING, EXISTING
Additions, alterations and expansions to multi-
family housing which legally existed prior to June
3, 1991, shall comply with the standards of the
multi-family district in which the project is
located.";
c) Reletter Item M. RECREATIONAL VEHICLE STORAGE FACILITIES
to Item N.;
d) Reletter Item N. SECOND DWELLING UNIT/"GRANNY" HOUSING
DESIGN STANDARDS to Item 0.;
e) Reletter Item O. SENIOR CITIZENICONGREGATE CARE HOUSING
DESIGN STANDARDS to Item P.;
f) Reletter Item P. SMALL LOT SUBDIVISION STANDARDS to Item
Q.
3
"i
o
o
1 ORDINANCE...AMENDING SECTIONS 19.040.010(2)(0. AND E.) AND
19.04.030(2)(L. THROUGH P.) AND TABLES 04.01 AND 04.03 OF THE SAN
2 BERNARDINO MUNICIPAL CODE (DEVELOPMENT CODE) TO ESTABLISH LEGALLY
EXISTING MULTI-FAMILY STRUCTURES AS PERMITTED, CONFORMING USES IN
3 THE RU, RESIDENTIAL URBAN, RM, RESIDENTIAL MEDIUM, RMH, RESIDENTIAL
MEDIUM HIGH AND RH, RESIDENTIAL HIGH LAND USE DISTRICTS CITYWIDE
4 AND TO ESTABLISH STANDARDS FOR ADDITIONS, ALTERATIONS AND
EXPANSIONS TO SUCH STRUCTURES.
5
6
7
I HEREBY CERTIFY that the foregoing ordinance was duly adopted
by the Mayor and Common Council of the City of San Bernardino at
a
meeting therefore,
held on the
day of
8
, 1992, by the following vote, to wit:
9 Council Members: AYES NAYS ABSTAIN ABSENT
10 ESTRADA
11 REILLY
12 HERNANDEZ
13 MAUDSLEY
14 MINOR
15 POPE-LUDLAM
16 MILLER
17
City Clerk
18
19
20 of
21
22
Approved as to
23 form and legal content:
The foregoing resolution is hereby approved this
day
, 1992.
W.R. Holcomb, Mayor
City of San Bernardino
24 JAMES F. PENMAN
25 City ~ttorney
26 . /,;-............
27
28
4
o
~E'lTIAL DISTRIcrS .19.04
~
2. The pcrpose of the individual residential land use districts is as follows:
A. RE (RESIDENTIAL ESTATE) DISTRICI'
This district is intended for low density residential units located on large
lots and conveying an "estate" character with a minimum lot size of 1
gross aae per unit.
B. RL (RESIDENTIAL LOw) DISTRICI'
This district is intended to promote the development of low-density, large
lot, single-family detached residential units with a minimum average lot
size of 10,800 square feet. The RL district allows a maximum density of
3.1 units per gross acre. .
C. RS (RESIDENTIAL SUBURBAN) DISTRICI'
This district is intended to promote the development of single-family
detached units in a suburban setting with a minimum lot size of 7.200
square feet, and a maximum density of 4.5 units per gross acre.
D.
RU (RESIDENTIAL URBAN) DISTRIcr
These districts are intended to promote the development of detached and
attached units, duplex, mobile home parks, and small lot subdivisions as
part of a planned residential development where the intent is to con- ,
solidate lots to achieve maximum open space. The RU-1 and RU-2 dis-
tricts require a minimum lot size of 7,200 square feet. However, on exist-
ing lots of record, recorded prior to June 2, 1989, a minimum lot area of
6,200 square feet and existing lot widths and depths are permitted. The
RU district allows a maximum density of 8 units per gross aae, and per-
mits the development of senior citizen and senior congregate care housing
at a maximum density of 12 units per gross acre with a marketing
feasibilitv studv and a conversion Dlan. Multi-familr units which legally
existed in the RU-1 and RU-2 districts pr~or to June 3, 1991,
RESIDENllAL MULTI-FAMILY DISTRICI'S may remain as a permitted
u5e.use.
(~~ ~
E.
These districts are intended to promote the development of multi-family
townhomes, condominiums, and apartments. .
All multifamily land use districts require a reduced density if the mini-
mum lot size for the district is' not met, and shall comply with maximum
densities provided in Table 04.02.
Multi-family units which legally existed in the multi-
family districts prior to June 3, 1991, may remain as
a permitted use.
, .
.--
(Additions to text are underlined)
11-2
Attachment 3
2/92
U-4
Attachment 3
2/92
0 t..:jDENTIAL DISTRIcrS -19.04
2- LAND USE DISTRICT SPECIFIC STANDARDS
In addition to the general development requirements contained in Chapter 19.20
(Property Development Standards), the following standards shall apply to
specific residential districts:
TABLE 04.03
RESIDENTIAL DISTRICTS
SPEOFIC STANDARDS
~fic Standarcls RE RL RS RU RM RMH RH CO-1.2 CG-2 CIR-2
A. Accessory +. +. +. +. +. +. +. +. +. +.
Structures
B. Day Care Facility +. +. +. +. +. +. +. +. +. +.
C. Density Bonus/ +. +.. +. +. +. +. +. +. +. +.
Affordable Housing
or Amenities
D. Front/Rear Yard +. +. +. +. +.
Averaging
E. Golf Courses &: +. +. +. +. +. +. +.
Related Facilities
F. Guest House +. +. +. +.
G. Minimum Room Size +. +. +. +. +. +. +. +. +. +. (
H. Minimum Dwelling +. +. +. +. +. +. +. +. +. +.
Size
L Mobile Home &: +. +. +. +. +. +. +.
Manufactured
Housing
J. Mobile Home Park +. +. +. +. +. +. +.
or Subdivision
** K. Multiple Family Housing +. +. +. +. +. +.
M. Planned Residential +
Development
N _ Recreational +. +. +. +. +. +. +.
Vehicle Storage
o. Second Dwelling +. +. +. +. +. +. +.
Unit/"Granny''Housing
p. Senior atizen/ +. +. +. +. +. +. +.
Congregate Care Housing
Q _ Small Lot Subdivision +.
** L.Multi-Family Ho~si~g, +. +. +. +.
Key: "+." applies in l~~a~ district.
n-u
Attachment 3
(e)
2/92
,
o
QoENTIAL DISTRICTS -19.ll4
3. All multi-family developments shall provide recreational amenities
within the site which may include: a swimming pool; spa; club-
house; tot lot with play equipment; piatic shelter - barbecue area;
court game facilities such as tennis, basketball, or racquetball; im-
proved softball or baseball fields; or, day care facilities. The type of
amenities shall be approved by the Director and provided accord-
ing to the following schedule:
IJni~ Amfm.itiP4
()"11 0
12-SO 1
51-100 2
101-200 3
201-300 4
Add 1 amenity for each 100 additional units or fraction thereof.
4. Off-street parking spaces for multi-family residential developments
shall be located within ISO feet from the dwelling unit (front or rear
door) fer which the parking space is provided.
5. Each dwelling unit shall be provided a minimum of ISO cubic feet
of private enclosed storage space within the garage, carport, or im-
mediately adjacent to the dwelling unit.
6. Driveway approaches within multiple family developments of 12 or
more units shall be delineated with interlocking pavers, rough-lex-
tured concrete, or stamped concrete and landscaped medians.
\
,~
.
7. All parts of all structures shall be within ISO feet of paved access for
single story and SO feet for multi-story.
8. Common laundry facilities of sufficient number and accessibility
consistent with the number of li~g units and the Uniform Build-
ing Code shall be provided. ..
9. Each dwelling unit shall be plumbed and wired for a washing
machine and dryer.
10. Management and security plans shall be submitted for review and
approval for multi-family developments with 12 or more dwelling
units. These plans shall be comprehensive in scope.
L. MULTI-FAMILY HOUSING, EXISTING
Additions, alterations and ex ansions to mu1ti-fami1 housin
wh~c eqa y ex~ste pr~or to June ,199, s a comp
the standards of the multi-family district in which the
is located.
(Additions to text are underlined)
D-23
Attachment 3
IT'\_' \
2/92
O';"c",o.;:~.,,-__;
,
o
OOENTlAL DISTRICTS .19.ll4
M. PLANNED RESIDENTIAL DEVELOPMENT/SMALL LOT SUBDIVISIONS
Planned Residential Development (PRO) including Custered Su~
divisions and Small Lot Divisions are permitted in Residential Urban
Land use districts subject to Development Permit review. Attached and
detached single-family dwelling units are permitted. The purpose of al-
lowing these types of developments is to promote residential amenities
beyond those expected in conventional residential developments, to
achieve greater flexibility in design, to encourage well planned neighbor-
hoods through aeative and imaginative planning as a unit, to provide for
appropriate use of land which is sufficiently unique in its physical charac-
teristics or other circumstances to warrant special methods of develop-
ment, to reduce development problemS in hillside areas and to preserve
areas of natural scenic beauty through the encouragement of integrated
planning and design.
1. DenRiV
The underlying residential land use district or the Hillside Manage-
ment Overlay District shall determine the maximum number c:l
dwelling units allowed in a PRO or Small Lot Subdivision. Where
a parcel or parcels have more than one land use district, the maxi-
mum number of dwelling units shall be determined by adding
together the allowable density for each land use district area. Den- (
sity transfer throughout the PRO project area is permitted for the
promotion of clustering units in those areas suited to development,
and thus preserving the open space and natural features of the site.
(See Hillside Management Overlay District for restrictions to on-
site density tr'ansfer.)
2. Minimum Lot Size
The minimum lot size for a deta~ed single-family unit in a Small
Lot Subdivision shall be 5,ooo.square feel PRD's may create lot
sizes to accommodate the creation of attached single-family dwell-
ing units or Custered Subdivisions.
3. Site Coverap!
Structures shall not occupy more than 40% of the gross site area.
4. Strudure Heis)ttINumbl!l' of Attached Dwellu,i Units
Detached single-family structures shall not exceed 2-1/2 stories, or
35 feet. Attached single-family structures shall not exceed 3 stories
or 4: feet. The maximum average number of single-family units at-
tad:ed in any mar.:1.er to form a single structure shall be 6.
a-I'
Attachment 3 2/92
(0-2)
o
QENnAL DISTRICTS -19.lM
N. RECREATIONAL VEHIaE STORAGE FACILITIES
Developments within the multi-family land use districts and with 12 or
more dwelling units, shall provide recreational vehicle storage facilities.
The storage facilities shall be reviewed as part of the Development Permit
and shall be constructed in the following manner:
1. Centralized storage areas shall be provided for recreational
vehicles, boats, etc., at a minimum of 1 space for each 8 dwelling
units. Any fractional space requirementshall be construed as re-
quiring 1 fu1lstorage space pursuant to Chapter 19.24 (Off-Street
Parking Standards).
2. Individual storage spaces shall measure not less than 12 feet by
30 feet, and shall have direct access to a driveway with a minimum
paved width.of 2S feet.
3. Storage areas shall be paved and drained.
4. Storage areas shall be completely saeened from exterior view
by a combination of landscaping, masonry walls, fences or other
comparable saeening devices 8 feet in height, subject to the ap-
proval of the Director.
o. SECOND DWELUNG UNITf'GRANNY" HOUSING DESIGN STANDARDS
Second dwelling units require a Development Permit and shall be con- .
structed in the following manner:
.
1. No more than 1 second dwelling unit shall be permitted on
any parcel or lot.
2. A second dwelling unit may only be permitted on a residential
lot on which there is already built 1 owner occupied single-family
detached dwelling unit (main unit).
3. A second dwelling unit may not be permitted on residential lots
already having 2 or more dwelling units.
4. The parcel upon which the second dwelling unit is to be established
shall conform to all standards of the land use district in which it is
located.
5. Any increase in the floor area of an attached second unit shall not
exceed 30% of the existing living area of the main dwelling.
6. The total area of floor space for a detached second unit shall not
exceed 1200 square feet.
D-27
Attaqhment 3
(D-3)
2/92
,
o
QoENTIAL DISTRICTS .19.04
P. SENIOR CTIZEN/CONGREGATE CARE HOUSING DESIGN STANDARDS
Senior group housing developments are subject to Development Permit
review and shall be constructed in the following manner:
1. A bus turnout and shelter on the on-site arterial frontage shall be
dedicated if the project is located on a bus route as determined by
the Director.
2 Dial-a-ride transportation shuttles shall be provided; number
to be determined during project review.
3. The parcel upon which the senior group housing facility is to
be established shall conform to all standards of the underlying land
use district
4. The senior group housing shall conform with allloca1, state, and
federal requirements.
5. The number of dwelling units shall be based on Table 4.02 (Residential
Development Standards).
6. The minimum floor area for each residential unit shall be as
follows:
Studio:
410 square feet
510 square feet if kitchen-dining
living areas are combined.
570 square feet if kitchen-dining
living areas are separate.
"610 square feet if kitchen-dining
living areas are combined.
670 square feet if kitchen-dining
living areas are separate.
One-bedroom;
Two-bedroom;
7. The main pedestrian entrance to the development, common areas,
and the parking facility shall be provided with handicapped access
pursuant to Section 19.24.050.
8; Indoor common areas and living units shall be handicap adaptable
and be provided with all necessary safety equipment (e.g., safety
bars, etc.), as well as emergency signal/intercom systems as deter-
mined by the Director.
.
n-29
Attachment 3
2/92
1- ..\.
^y--
RESIDENTlAL DISTRICTS -19.ll4
o U
f. Senior citizen/ c::ongregate care parking requirements may be
adjusted on an individual project basis, subject to a parking
study based on project location and proximity to services for
senior citizens including, but not limited to medic:aI offices,
shopping areas, mass transit, etc.
,
(
c
15. The project shall be designed to provide maximum security for
residents, guests, and employees.
16. 'Irash receptacle(s) shall be provided.on the premises. 'Ii'ash
receptacle(s) shall oomply with adopted Public Worlcs Department
Standards and be of sufficient size to accommodate the trash
generated. The receptacle(s) shall be screened &om public view on
at least 3 sides by a solid wall 6 feet in height and on the fourth
side by a solid gate not less than 5 feet in height. The gate shall be
maintained ~ good working order and shall remain closed except
when in use. The wall and gate shall be architecturally oompatible
with the surrounding buildings and structures. The receptacle(s)
shall be located within close proximity to the residential units
which they are intended to serve.
17. Residential occupancy shall be limited to single persons over
60 years of age or married couples of which one spouse is over 60
years of age.
18. Developers of Senior Otizen/Congregate Care housing which have
a density larger than that allowed in the underlying land use district,
shall provide a marketing analysis which analyzes long term feaS1Dility
and a conversion plan of Senior residential units to standard units, with
a corresponding reduction in the number of units to equal the density
allowed in the underlying land use district if the project is not occupied
by Seniors 60 years of age or older. The feasibility study and conversion
plan shall not be required if the project is sponsored by any government
housing agency, the Oty's Development Department or a non-profit
housing development COIpuration. If the proposed project is to be
located in the CC> 1, CC>2land use district the conversion plan shall
address the transformation of residential units into the uses allowed
in the Commercial Office land use districts.
19. All parts of all structures shall be within ISO feet of paved access for
single-story and SO feet for multi-story.
Q. SMALL LOT SUBDMSION STANDARDS
Standards for small lot subdivisions are located in Subsection L (Planned
C .. Residential Development Standards) of this chapter.
B-31
Attachment 3
(D-5)
2/92