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HomeMy WebLinkAbout43-Planning Department , CI'FY OF SAN BER~RDINO - REQUEST #'COUNCIL ACTION Brad Kilger From: Director of Planning Amen:Jment to Text 89-1 Subject: Foothill view Ordinance Dept: Planning Department Date: August 11, 1989 Mayor an:1 Carrron Co.mcil Heeting of September 5. 1989, 2:00 p.m. Synopsis of Previous Council action: On May 4, 1989, the Legislative Review Ccmnittee reccmnerrled adoption of the Foothill view Ordinance. On August 3, 1989, the Envirornnental Review Ccmnittee rec<mnended a Negative Declaration be adopted. f.O :n t;:,.J n'f '-0 C"') ci ~~; , > r.::} :1.~ ~., (n :r.: Recommended motion: C) -"f "'1"' waive the first reading an:1 put over for adoption Amen:1ment to Text 89-1, :~_ ing Sections 19.08.040 an:1 19.72.010, an:1 adding Section 19.80 to the San Bernar- dino Municipal Code. Adopt the Negative Declaration. ~ -~-- _.~ /----- ~ C-- ~~ - Contact person: Brad Kilger Phone: 384-5357 Ward: 4.5 Supporting data attached: Staff report, proposed ordinance. Initial Study FUNDING REOUIREMENTS: Amount: Nft Source: (Acct, No.) (Acct. DescriPtion) Finance: Council Notes: .,<'; n"...., AnFmrl;:t Itpm Nn g~ ,CIT.Y OF SAN BERtQDINO - REQUEST lOR COUNCIL ACTION STAFF REPORT Subject: An ordinance of the City of San Bernardino requ~r~ng a Review of Plans for single-family dwellings within the foothill area, and repealing Ordinance No. MC-577. Mayor and Council Meeting of September 6, 1989 Request The request is to amend the text of the Zoning Ordinance to require Review of Plans for single-family homes in the foothills and to establish standards by which to review those homes, to define the area designated as foothills, and to repeal MC-577 (Attachment Al Municipal Code Section 19.80 will be added to the Municipal Code. Background On January 5, 1986, the Mayor and Common Council adopted MC-577 requiring a Review of Plans for two-story, single-family homes in the foothills. Included in Section 2.A. of that ordinance is the requirement that design standards for the preservation of mountain and Valley views shall be promulgated by the Mayor and Common Council. This ordinance has been reviewed by the Legislative Review Committee several times, between October 27, 1988 and May 4, 1989. An Initial Study was prepared by staff and presented to the Environmental Review Committee on August 3, 1989. A Negative Declaration is proposed. The Initial Study was made available for public review and comment from August 9, 1989 to August 19, 1989 (Attachment Bl. Analysis MC-577 defined the area of foothills and required review of two- story homes but set forth no criteria by which to evaluate the homes. This ordinance provides design criteria relative to maximum heights dependent upon the situation of the proposed home and the adjacent structures. This ordinance requires review for one-story, as well as two-story. The Development Review Committee, the approving body of the Reviews of Plans, will have measurable stan- dards to apply to proposed structures, thereby preserving mountain and valley views for both existing and future uphill homes from the proposed structure. Every property owner within 500 feet of the subject property will receive notice of the meeting at which the project will be reviewed, and will be entitled to be heard on the proposal. 75.0264 . 0 .. R' f P1 0 f Appeal of ord1nance requ1r1ng a eV1ew 0 ans or single-family dwellings within the foothill area and repealing Ordinance MC-577 Mayor and Council Meeting of September 5, 1989 Page 2 The ordinance also amends San Bernardino Municipal Code 19.08.040, maximum height, and San Bernardino Municipal Code 19.72.010, lots on downhill Slopes. Both those sections of the code, as existing, conflict with the Foothill View Ordinance. The sections are amended to be consistent with this ordinance. Provision is made for a Variance .procedure should this ordinance render a lot unbuildable. Through a Variance, the Planning Commission can establish an alternate height limit. The foothill area is defined as shown on the attached map, Exhibit A. Recommendation Waive the first reading and put over for adoption Amendment to Text 89-1, which amends San Bernardino Municipal Code 19.08.040 and 19.72.010, and which adds chapter 19.80 to the Zoning Ordinance as shown in attachment "An; Repeal MC-5771 Adopt the Negative Declaration. Prepared by: Sandra Paulsen, Senior Planner for Brad L. Kilger, Director of Planning Attachments: A - Ordinance repealing MC-577 B - Initial Study C6 FOOTHILLRP FTHLRPP2 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 o o 1 ORDINANCE NO. 2 ORDINANCE OF THE CITY OF SAN BERNARDINO REQUIRING A REVIEW OF PLANS FOR SINGLE-FAMILY DWELLINGS WITHIN THE FOOTHILL AREA, 3 AND REPEALING ORDINANCE NO. MC-577. 4 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: 5 SECTION 1. Section 19.08 of the San Bernardino Municipal 6 Code is hereby amended to read as follows: 7 "19.08.040 BUILDING HEIGHT 8 9 Maximum building height shall be thirty-five feet. No accessory structure in the R-1-7,200 and R-1-l0,800 zones shall have a height in excess of fifteen feet." SECTION 2. Chapter 19.80 is hereby added to the San Bernardino Municipal Code to read as follows: "Chapter 19.80 HEIGHT LIMITATIONS; SINGLE FAMILY DWELLINGS (Foothill Area) 19.80.010. Review of Plans; Single Family Residence; Foothill Area. The Planning Department shall establish and utilize procedures pursuant to Chapter 19.77 of this Code for the review and approval of plans to expedite processing of applications for development and improvements of any structure, including single family residences, on vacant existing lots in the foothill area or on a remodel of an existing structure which would increase the height by ten (10) feet or more in such foothill area. DAB:br August 25, 1989 1 o o 1 19.80.020 Conditions 2 Such procedures shall include the fOllowing conditions: 3 A. The maximum height of a proposed structure shall 4 not exceed the midpoint of the structure on the immediately 5 6 uphill lot. B. Where there is no structure on the immediately 7 uphill lot, the maximum height shall not exceed a point 8 eight (8) feet above the average ground level of the uphill 9 lot. 10 19.80.030 Variance 11 Where the strict application of Section 19.80.020 to a 12 particular lot would prevent development of such lot, a 13 variance may be obtained, pursuant to the provisions of 14 15 16 Chapter 19.74 of this Code. When such a variance is granted, alternative height limitations shall be imposed on 17 19.80.040. Notice the lot by the Planning Commission. 18 19 20 21 Every property owner within five hundred (500) feet of the subject property shall receive notice of the variance application and shall be entitled to be heard on such proposal. 22 19.80.050. Applications - View Criteria 24 23 All applications filed hereafter for foothill area 25 26 27 28 development permits shall be subject to the imposition of conditions for the preservation of mountain and valley DAB:br August 25, 1989 2 10 11 12 13 14 15 16 17 18 o o 1 views in the foothill area for the preservation of light 2 3 and air to protect the public health and safety in the foothill area. 4 19.80.060. Foothill Area Defined 5 The foothill area is defined as that area beginning on the 6 east side of the City limits at Boulder Avenue and Highland 7 Avenue; thence northwesterly along the extension of 8 Piedmont Drive to Victoria Avenue; thence northerly up to 9 the extension of Piedmont Drive westerly to Foothill Drive; thence along Foothill drive west to Del Rosa Avenue; thence north to the extension of 40th Street; thence west along 40th Street to Waterman Avenue; thence north to the P. E. Railroad right-of-way; thence west along the P.E. Railroad right-of-way to Northpark Boulevard; thence west along Northpark Boulevard extending to the Muscupiabe Rancho Line; thence west to the city limits, more particularly described as shown on a map labeled Exhibit "A" on file in 19 19.80.070. Midpoint Defined. the Planning Department. 20 21 22 23 24 25 26 27 28 "Midpoint" as used in this chapter shall be that point equidistant from the foundation at ground level to the apex of the roof, but not including roof structures, stairways, tanks, ventilating fans or similar equipment required to operate and maintain the building and fire or parapet walls, skylights, towers, flagpoles, chimneys, smokestakes, wireless and television masts, or similar structures. DAB:br August 25, 1989 3 {; 13 14 o o 1 19.80.080 Immediately Uphill Lot Defined 2 "Immediately uphill lot" as used in this chapter shall mean 3 an adjacent, contiguous lot, whether or not separated by 4 streets, roads, easements, or the like, which has an 5 average ground level higher than the average ground level 6 of the subject lot. If more than one lot meets the 7 definition of "immediately uphill lot" then the 8 measurements required by this chapter shall be made against 9 the lower lot. 10 19.80.090. Maximum Height 11 Nothing in this chapter shall be construed to allow the 12 height of a structure, inCluding a single family residence, to exceed that allowed by Section 19.08.040 of this Code." SECTION 3. Section 19.72.010 of the San Bernardino 15 Municipal Code is hereby amended to read as follows: 17 16 "19.72.010 Lots on Downhill Slopes 18 19 20 21 22 23 On property located on downhill slopes having a twenty-five percent or greater slope (measured in the general direction of the side lot lines), a private garage may be constructed in the required front yard; provided, however, that every portion of the garage shall be at least five feet from the front lot line." SECTION 4. Ordinance No. MC-477 is hereby repealed. 24 I HEREBY CERTIFY that the foregoing ordinance was duly 25 adopted by the Mayor and Common Council of the City of San 26 Bernardino at a meeting thereof, held on the 28 27 day of , 1989, by the following vote, to wit: DAB:br August 25, 1989 4 10 11 - o o 1 AYES: Council Members 2 3 4 5 6 NAYS: ABSENT: City Clerk 7 8 9 The foregoing ordinance is hereby approved this day of , 1989. 12 City of San Bernardino 13 Approved as to form and legal content: 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 JAMES F. PENMAN, City Attorney B~~ DAB:br August 25, 1989 5 o 0 OF SAN BERNARDINO FOOTHILL AREA CITY EXHIBIT "A" t'''-''- ~ ( r-, ,- ".l~,---""", ,..__J \ .") L__, '-___, . . I L_ rJ .... ,----, \ t .' t"" -L I I ..... 1_., 1,-' .. ._____J, .. I ..... t r--" · " r--' I · 'J ~_J . I . I . ....... I . l...........r' . 1', " I ',- HIGHLAND , -1--- I I ... I ft ..~ , , SELlNE , , ~ r- --:> ~ , 8 , ft _.J " :IE S" ST, FOOTHill: BLVD. oJ I ~ rJ MILL r I L___ z 4 is ;: " -TO LOS ANGELES IIt~N'~",,,,, FRWy , .. , '" ~ 6 ~ ~- {E o 1/2 r-J"--' ... I I L._____, I I I I I I ';".r----. ( L....... r~ ';"'1 r- 1 [1 _rl J _J --e"' ST,I s .. f2 Ii .-'" ---1 .U ...,) ---' .. - .---- MLL S1: _r.l'-- r" r---' / / / r I r--" I __J ,,- ,.__.r-i' - ,.r-- J ~ .r' r- N , I \ I , I L_' LV I I ) , -' ''''III -----, I : r-1 ~-, r' / , t---" .........) ~ =: I ~ 4 .. .. I .. o o ATl'l\CHMENI' "B" 0 CITY OF SAN BERNARDINO PLANNING DEPARTMENT ,. INITIAL STUDY Amendment to Text No. 89-1 Foothill View Ordinance Prepared by Sandra Paulsen San Bernardino City Planning Prepared for The City of San Bernardino 300 North "D" Street San Bernardino, CA 92418 August 3, 1989 ~ ... . r CITY OF SAN BERNARDINO ""'II PLANNING DEPARTMENT ENVIRONMENT AL IMPACT CHECKLIST \.. ~ r "'" A. BACKGROY~ Application Number: Amendment to Text No. 89-1 Project Description: Foothill View Ordinance - to establish desi~n criteria to preserve view sheds in the foothill areas. Location: Foothill areas as defined in the proposed ordinance. Environmental Constraints Areas: Hi~h wind and fire. AlQuist-Priolo. Biolo~ical Resources. Greenbelt. Arch:lological RegOnTCeS (All PntP-nt;;:!l) General Plan Designation: Hillside Management Overlay. RL Residential Low, RS Residential suburban and RE Residential Estates. Zoning Designation: B. ~FlIEQNM~llI~!- IMPACTS Explain answers, where appropriate, on a separate attached sheet. . 1- Ea~th Resou rces Will the proposal result in: Yes No Maybe a. Earth movement (cut and/or fill) of 10,000 cubic yards or more? X b. Development and/or grading on a slope greater than 15% natural grade? X c. Development within the Alquist-Priolo Special Studies Zone? X d. Modification of any unique geologic or physical feature? X "" ~ o o REVISED 12/87 PAGE 1 OF 8 o o Maybe "'" ,. e. Soil erosion on or off the project site? f. Modification of a channel, creek or river? g. Development subject mudslides, other similar within an area to landslides, liquefaction or hazards? h. Other? 2. bIR_RESOURCES: Will the proposal result in: a. air upon emissions or ambient air Substantial an effect quality? b. The creation of objectionable odors? c. Development within a high wind hazard area? 3. ~bTEB RESOURCES: proposal result in: will the a. Changes in absorption rates, drainage patterns, or the rate and amount of surface runoff due to impermeable surfaces? b. Changes in the course or flow of flood waters? c. Discharge into surface waters or any alteration of surface water quality? d. Change in the quantity or quality of ground waters? e. Exposure of people or property to flood hazards? f. Other? 110.. REVISED 12/87 Yes No x x x x x x x x x x x x x ~ PAGE 2 OF 8 r o o Yes No Maybe "'" 4. BIOLOGICAL RESOURCES: proposal-result in:- Could the a. Change unique, species habitat trees? in the number of any rare or endangered of plants or their including stands of x b. Change unique, species habitat? in the number of any rare or endangered of animals or their x c. Other? x 5. NOISE: Could the proposal result in: a. Increases in existing noise levels? x b. Exposure of people to exterior noise levels over 65 dB or interior noise levels over 45 dB? x c. Other? x 6. LAND_ USE: result in: Will the proposal a. A change in designated Plan? the land use as on the General x b. Development within an Airport District? x c. Development within "Greenbelt" Zone A,B, or C? x d. Development within a high fire hazard zone? x e. Other? x lio... ~ REVISED 10/87 PAGE 3 OF 8 o ("') Maybe "" ,. 7. MAN-MADE HA~~Nl$: project: Will the a. Use, store, transport or dispose of hazardous or toxic materials (inCluding but not limited to oil, pesticides, chemicals or radiation)? b. Involve the release hazardous substances? of c. Expose people to the potential health/safety hazards? d. Other? 8. HOUSING: Will the proposal: a. Remove existing housing or create a demand for additional housing? b. Other? 9. TRA~~PQETATIO~CIRCULATION: Could the proposal result in: a. An increase in traffic that is greater than the land use designated on the General Plan? b. Use of existing, new, parking structures? or demand for facilities/ c. public , patterns Impact upon existing transpoltction systems? d. Alteration of present of circulation? e. Impact to rail or air traffic? f. Increased safety hazards to vehicles, bicyclists or pedestrians? "" REVISED 10/87 Yes No x x x x x x x x x x x x ~ PAGE 4 OF 8 ;V;':C..':._.,. o Q Maybe "" r g. A disjointed pattern roadway improvements? of h. Other? 10. ~UBLIQ_SERVICES Will the proposal impact the following beyond the capability to provide adequate levels of service? a. Fire protection? b. police protection? c. Schools (Le. attendance, boundaries, overload, etc.)? d. Parks or other recreational facilities? e. Medical aid? f. Solid waste? g. Other? 11. UTILITIES: Will the proposal: a. Impact the following beyond the capability to provide adequate levels of service or require the construction of new facilities? 1. Natural gas? 2. Electricity? 3. Water? 4. Sewer? 5. Other? b. Result in a pattern of extensions? disjointed utility c. Require the construction of new facilities? lio.. REVISED 10/87 Yes No x x x x x x x x x x y x x x x x ~ PAGE 5 OF 8 ~...., o o Maybe '" , 12. AESTHET,!CS: a. Could the proposal result in the obstruction of any scenic view? b. Will the visual impact of the project be detrimental to the surrounding area? c. Other? 13. ~P~~U~~--F~SQYRCES: proposal result in: Could the a. The alteration or destruction of a prehistoric or historic archaeological site? b. Adverse impacts historic object? physical or aesthetic to a prehistoric or site, structure or c. Other? 14. Mandatory Findings of Significance (Section 15065) \. The California Environmental Quality Act states that if any of the following can be answered yes or maybe, the project may have a significant effect on the environment and an Environmental Impact Report shall be prepared. a. Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate REVISED 10/87 Yes No x x x x x x ~ PAGE 6 OF ,8 ~,",,'.:"':".C' r o o Yes No Maybe "" important examples of the major periods of California history or prehistory? b. Does the project have the potential to achieve short term, to the disadvantage of long-term, environmental goals? (A short-term impact on the environment is one which occurS in a relatively brief, definitive period of time while long-term impacts will endure well into the future.) x x c. Does the project have impacts which are individually limited, but cumulatively considerable? (A project may impact on two or more separate resources where the impact on each resource is relatively small, but where the effect of the total of those impacts on the environment is significant. ) x d. Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? x C. DISCUSSION OF ENVIRONMENTAL EVALUATION AND MITIGATION MEASURES (Attach sheets as necessary.) The ordinance will provide more protection than currently exists bv reauiring a Review of Plans for single familv homes in the area defined in the ordinAnc~ _Each site will be evaluated and individual circWBstance relative to the site , will be miti2ated bv standard miti~~tion (high win~, high fiTP PTr) ThA ordinance is specific to existing lot~ of record as of lan I. ]984. fndividual single family homes are exemot from CEOA. \... ..J REVISED 10/87 PAGE 7 OF 8 _~"~"i'-", o o r' D. "" DETERMINA~JW On the basis of this initial study, D The proposed project COULD NOT have a significant effect on the environment and a NEGATIVE DECLARATION will be prepared. The proposed project could have a significant effect on the ~environment, although there will not be a significant effect in ~ this case because the mitigation measures described above have been added to the project. A NEGATIVE DECLARATION will be prepared. D The proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. ENVIRONMENTAL REVIEW COMMITTEE CITY OF SAN BERNARDINO, CALIFORNIA k,J tf,"''(ti()H~'', f'~Allt"If'- ~He.e I Name and Title ~"~ Date: 3-3-87 lir... ~ REVISED 12/87 PAGE 8 OF 8