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HomeMy WebLinkAbout46-Planning - 'CITY: OF SAN BERtOtblNO - REQUEST ,:JWCOUNCIL ACTION Brad Kilger From: Director of Pl.anni.n:J ArnerlEIen.t to Text 89-l Subject: Foothill view Ordinance Dept: Plannin:l Department Date: August ll, 1989 Mayor am Camon Council Meeting of September 5. 1989, 2:00 p.m. Synopsis of Previous Council action: On May 4, 1989, the Legislative Review Ccmni.ttee recarmen:led adoption of the Foothill view Ordinance. On August 3, 1989, the Environmental Review Ccmni.ttee rE!CCl,,,.ended a Negative Declaration be adopted. m ~ T\'I = C") :..- ei ~ . 1, "" . U1 \3 lliI ;0:,... .... "'" ::I: Recommended motion: 9 0 "tl "'1', // Waive the first reacting am put over for adoption, ArnerlEIen.t to Text 89-l, ~- ing Sections 19.08.040 am 19.72.010, am addinJ Section 19.BO to the San Bernar_ dino Municipal Code. Adopt the Negative Declaration. rfr ( Contact person: Brad KUger Phone: 384-5357 Ward: 4.5 Supporting data attached: Staff report, proposed ordinance. Initial Study FUNDING REQUIREMENTS: Amount: Nit Source: (Acct. No.) ; (Acct. Descriotion) Finance: Council Notes: 75-0262 Agenda Item No1..6 'CITY OF SAN BERtORDINO -' REQUEST ~R COUNCIL ACTION STAFF REPORT Subject: An ordinance of the City of San Bernardino requiring a Review of Plans for single-family dwellings within the foothill area, and repealing Ordinance No. Me-577. Mayor. and Council Meeting of September 4, 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, anp to repeal MC-577 (Attachment A) Municipal Code Section 19.80 will be added to the Municipal Code. Backqround 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 propoaed. The Initial Study was made available for public review and comment from August 9, 1989 to August 19, 1989 (Attachment B). Analysis MC-577 defiped 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 t~e situation.of the proposed home and the adjacent structures. Th~s ordinance requires review for one-story, as well as two-story. T~e Development Review Committee, the approving body of the Reviews of Plans, will have measurable stan- . dards to apply to propos~d 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 Appeal Of.ordiminc~ ~qUiring a Review of Plans.c:;or single-family dwellings within the foothill area and repealing Ordinance MC-577 Mayor and Council Meeting of September 5, 1989 Page 2 I 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 se~tions 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 "A"1 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 . lO 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 BBRNARDINO 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-l-7,200 and R-1-10,800 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 11 " o o 1 19.80.020 Conditions 2 Such procedures shall include the following conditions: 3 4 A. The maximum height of a proposed structure shall 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 uphil.l 9 lot. lO 19.80.030 Variance 11 Where the strict application of Section 19.80.Q20 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 the lot by the Planning Commission. l7 19.80.040. Notice 18 19 20 21. Every property owner within five hundred (500) feet of the subject property sh~ll receive notice of the variance application and shall be entitled to be heard on such proposal. 22 19.80.050. Applications - View Criteria 23 24 25 26 27 28 All applications filed hereafter for foothill area development permits shall be subject to the imposition of conditions for the preservation of mountain and valley DAB:br August 25, 1989 2 - " o o 1 views in the foothill area for the preservation of light and air to protect the public health and safety in the 2 3 foothill area. 4 .l9.80.060. Foothill Area Defined 5 6 7 The foothill area is defined as that area beginning on the east side of the City limits at Boulder Avenue and Highland 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; 10 thence along Foothill drive west to Del Rosa Avenue; thence 11 north to the extension of 40th street; thence west along 12 40th street to Waterman Avenue; thence north to the P.E. l3 Railroad right-of-way; thence west along the P.E. Railroad 14 right-of-way to Northpark Boulevard; thence west along 15 Northpark Boulevard extending to the Muscupiabe Rancho 16 Line; thence west to the city limits, more particularly 17 described as shown on a map labeled Exhibit "A" on file in l8 the Planning Department. 19 19.80.070. Midpoint Defined. 20 21 "Midpoint" as used in this chapter shall be that point equidistant from the foundation at ground level to the apex 22 of the roof, but not including roof structures, stairways, 23 24. tanks, ventilating fans or similar equipment required to operate and maintain the building and fire or parapet 25 walls, skylights, towers, flagpoles, chimneys, smokestakes, 26 27 wireless and television masts, or similar structures... . 28 DAB:br August 25, 1989 3 o o 1 19.80.080 Immediately Uphill Lot Defined 2 "Immediately uphill lot" as used in this chapter shall mean an adjacent, contiguous lot, whether or not separated by 3 4 5 6 7 8 streets, roads, easements, or the like, which has an average ground level higher than the average' ground level of the subject lot. If more than one lot meets the definition of "immediately uphill lot" then the measurements required by this chapter shall be made against 9 the lower lot. lO 19.80.090. Maximum Height 11 12 13 14 15 16 17 18 19 20 21 22 23 Nothing in this chapter shall be construed to allow the 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 Municipal Code is hereby amended to read a, follows: I i On property located on dOW~hill Slopes having a twenty-five percent or greater Flope (measured in the general .direction of the side i lot lines),. a private garage may be constructed in the required front yard; I provided, however, that every I portion of the garage "19.72.010 Lots on Downhill Slopes shall be at least five feet froljl the front :lot line." .is ~erebY repealed.' SECTION 4. Ordinance No. MC-477 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 I 27 day of , 1989, by the following vote, to wit: 28 DAB:br August 25, 1989 4 - 10 11 - o o 1 2 3 4 5 6 7 8 9 Council Members AYES: NAYS: ABSENT: City Clerk , 1989. aPfroved , I I I I I I day The foregoing ordinance is hereby this of 12 City of sanjBernardino 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 - 4Il1 iii!. ~ CITY o 0 OF SAN BERNARDINO FOOTHILL AREA EXHIBIT "A" r:i r-l ,.J. ' __....... r-- I .~,- '" L__, L___., ./ L-r-l ..', .r"'--l I I ..... L \ I . '-"I ,-' .. '-____J I .... : . ... \ r--~ · , -r--' I · ',..1 . . . . {-: o 1/2 ... , , I I t..__.J ---"'!"-, I I r-1 L_ ,. / , .__oJ' ,~ HtG AN -, I I ...-1 , . IN ,. =: c ." r ..~.. r- 1l} l_~ _Ja", -fl ST.' MILL , , r- __~ , I __J \ . BY I rJ .. Ii .. -"j -U ~, _.' ----- -TO LOS ANGELES "'- J-~ f- r J f .fJ ...r'-- r" r---' / .. , r I f"'-'" I -.I =; lOLL It I 1lE~....~",1<O FIIWY. "lo r- I \ I I L_' I I ,) - - 1 o CITY OF SAN BERNARDlNO pLANNING DEPARTMENT o ATTACHMENl' "B" 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 ""'" . PLANNING DEPARTMENT I ENVIRONMENT AL IMPACT CHECKLIST "" ~ ,. I """"liIl A. BACKGROYlID ApplicatiQn Number: Amendment to Text No. 89-1 Project Description: Foothill View Ordinance - to establish desiRn criteria to preserve viewsheds in the foothill areas. Location: Foothill areas as defined in the propose~ ordinance. Env i ronmental Constraints Areas: HiRh wind and fire. Alauist-Priolo. ~iQlo2ical Resources. Greenbelt. Arch'nloiical Resmlr~e~ (All Pnt:,:.nti#ll\ General Plan Designation: Hillside Mana2ement Overlay. RL Residen~fal I.nw, RS Residential suburban and RE Residential Estates. Zoning Designation: B. ~NVIBONM~~-IMPACTS Explain answers, where appropriate, on a separate attached sheet. . 1- EaJ:th Resources will the proposal result in: Yes No Maybe a. Earth movement (cut and/or fill) of lO,OOO cubic yards or more? X . b. Developmentl and/or grading on a slope ~reater than 15' natural gra'de? 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 Ll , 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. WbTE~ 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? \... REVISED 12/87 Yes No x x x x x x x x x x x x x .J PAGE.2 OF 8 o o , Yes No Maybe ~ 4. BIOLOGIC~L R~SOURCE~: 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 the land use as designated on the General Plan? x b. Development within an Airport District? x c. Development within "Greenbe1tW Zone A,B, or C? x. d.Development within a high fire hazard zone? x e. Other? x \... ~ REVISED 10/87 PAGE 3 OF 8 o o il Maybe ""II ,. 7. MAN-MADE HAJ~~~: 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. HQY~: Will the proposal: a. Remove existing housing or create a demand for additional housing? b. Other? 9. !~!!~!,~TATIQ~CI~ATION: 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. Impact upon existing public transpoltetion .systems? d. Alteration of present patterns 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 o o ,. Maybe """'IIiI g. A disjointed pattern roadway improvements? of h. Other? 10. F~C SERVICES Will the proposal. impact the following beyond the capability to provide adequate levels of service? a. Fire protection? Police protection? Schools (i.e. attendance, boundaries, overload, etc.)? b. c. d. Parks or other recreational facilities? e. Medical aid? f. Solid waste? g. Other? ll. Q1ILITIES: Will the proposal: a. Impact the following beyond the capability to provide adequate levels of service or require the construction of new facilities? "" REVISED 10/87 l. Natural gas? 2; Electricity? 3. Water? 4.. Sewer? 5. Other? b. Resul t in a pattern of extensions?' disjointed utility c. Require the construction of new facilities? Yes No x x x x x x x x x x y x x x x x c- ~ PAGE 5 OF 8 o o , No Maybe ...., 12. AESTHETI~1 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~~URA~--BtSQURCES: proposal result in: a. The alteration or destruction of a prehistoric or historic archaeological site? Could the b. c. Adverse impacts historic object? Other? physical or aesthetic to a prehistoric or site, structure or l4. 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 x x x x x x . ~ PAGE 6 OF 8 ,. 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 bri,f, 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 sin2le familv homes in the are~ defin~d in the.DTdi"~"C~ Each site will be evaluated and individual circu.stance relative to the ~ite will be miti2ated by standard mitiiAtinn (high win~. high fir~1 ~r~) Tha ordinance is .-oecific to existin2 lot-s of record as of .Ta" I. lQRI.. fndividual sio2le family homes are exemDt from CEOA. '" ~ REVISED 10/87 PAGE 7 OF 8 o o , ""IIi D. DETERMI~1JON On the basis of this initial study, O The proposed project COULD NOT have a significant effect on the environment and a NEGATIVE DECLARATION will be prepared. The proposed proje~t 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. O The proposed project MAY have a significant effect on the environment, and an ENVIRONMENrAL IMPACT REPORT is required. ENVIRONMENTAL REVIEW COMMITTEE CITY OF SAN BERNARDINO, CALIFORNIA ~,J r(flN,(lifJ,.,~r, /lhp""I#L. ttwue< . f Name and Tltle ~u~ Date: 8"- 3 -8'7 ~ ~ REVISED 12187 PAGE 8 OF 8