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Home My WebLink About19-Building and Safety .JJ ..Ji JJ. s CIT~ OF SAN BERNARDI~ - REQU~T FOR COUNCIL AC":PN From: JAMES ROBBINS, SUPERINTEN~~'O. - AOMIN. o~gliject: 1986 AUG \ I Ill" \I: 37 CURRENT CITY POLICY ON REQUIRING GARAGES ON REHABILITATION PROJECTS Dept: BUILDI1IG AND SAFETY Date: AUGUST 11, 1986 Synopsis of Previous Council action: Board of Building Commissioners Order of Abatement 638 "L" Street appealed at meeting of June 2, 1986, carried over to August 4, 1986, then Council directed a report regarding current city policy on requiring garages on rehabilitation projects. Recommended motion: It is reqpectful1y recommended that the Mayor and Common Council adopt alternatives 1 and 2. 1. Adopt a City Council policy that: the Building and Safety and Planning Departments will require a double garage or carport in single family rehabilitation where there is evidence of a garage or carport previously existing. Where estimated rehabilita- tion costs exceed 50% of the value of the structure and access (min. 10 ft.) is available, a carport or garage will be required. 2. Leaving Redevelopment Agency memo of understanding in place. /' "--:'1/ ;/ (, ))" ..1 (/ Signature .&' , n .)/ F- '-. '.' .,,......-i/'--ll..-\ Contact person: James Robbins Phone: 5274 Supporting data attached: Yes Ward: FUNDING REQUIREMENTS: Amount: Source: Finance: Council Notes: Agenda Item No, I r . , 75-0262 ~ ~ CIT~OF SAN BERNARDI~ - REQUEe- FOR COUNCIL AC1'j)N STAFF REPORT This report reviews the background on the issue of adding garages or carports to single family residential structures being rehabilitated. It then discusses the alternatives and makes a recommendation. A review of the background indicates there were three ways of dealing with the problem, two of which are still in effect. Some time ago the direction was simply if an owner came in to convert or add on, a new garage was required. This informal policy was occasionally appealed. The current informal policy in Planning is if there is a conversion, the converted garage or carport must be replaced "in kind." If a building is going to be added on to or re- habilitated over 50% of value, then a garage or carport will be required if not existing. The zoning ordinance is clear on all single family dwellings, a double garage is requir.ed. The informal policy in Building and Safety has been, if a unit was condemned then rehabil- itated and the cost exceeded 50% therefor, the garage was necessary. The most common problem with older units is the lot they are built on. Often it is 40-50 ft. wide with 5 ft. or less side yards and no alley access. Thus access is not available to a garage even if it is required. Alternatives to consider include: 1. Adopt a City Council policy that: the Building and Safety and Planning Departments will require a double garage or carport in single family rehabilitation where there is evidence of a garage or carport previously existing. Where estimated rehabilita- tion costs exceed 50% of the value of the structure and access (min. 10 ft.) is avail- able, a carport or garage will be required. 2. Leaving RDA memo of understanding in place. 3. Adopt a City Council policy that unless lot and house configuration preclude, all rehabilitation projects shall include a double garage or carport. 4. Continue existing informal policies. 75.0264 c> o o o MEMORANDUM .OF UNDERSTANDING Neighborhood Housing Rehabilitation Program TO: The Undersigned SUBJECT: Memorandum of Understanding governing the Property Rehabilitation Standards (PRS) and Off Street Covered Parking Requirements as said requirements relate to the Redevelopment Agency of the City of San Bernardino Neighborhood Housing Rehabilitation Program. (NHRP) PURPOSE: The purpose and intent of this Memorandum is to develop an understanding between the City of San Bernardino Departlllents of Building and Safety, Planning and Redevelopment, and a framework for the efficient and cost-effective implementation of the Redevelopment Agency/Community Development Block Grant Neighborhood Housing Rehabilitation Program. Rehabilitation, for the purposes of this Agreement, is defined as follows: Rehabilitation is the reconditioning of the existing dwelling unit without increasing the size of the liveable area within the unit. Enlarging the liveable area within a dwelling unit by twenty-five percent (25%) or less will not be considered an increase in the size of the liveable area. --- PROPERTY REHABILITATION STANDARDS (PRS) Recognizing the need for minimum standards with respect to health, safety and welfare, the State of California adopted the Community Redevelopment Law, California Health and Safety Code Sections 33000 .!!.:. seq., and the California Environmental Quality Act, California Public Resources Code Section 21000 ~. ~. Historically, under the City's Neighborhood Housing Rehabilitation Program these minimum standards, called Property Rehabilitation Standards (FRS), have supplemented those standards established by the Uniform Building Code and various City ordinances. Due to the age and condition of a majority of the houses that are targeted for rehabilitation by the Redevelopment Agency, significant additional costs are incurred and financial hardship placed upon the low and moderate income owners who would otherwise benefit from the City's NHRP. As such, this Memorandum shall effectuate an understanding between the Redevelopment Agency and the Department of Building and Safety that adopts the following changes in the Redevelopment Agency Neighborhood Housing Rehabilitation Program's Property Rehabilitation Standards. - When the rehabilitation work is maintenence, alteration or repair (modernization, upgrading, etc.) of an existing building, it need only conform to the code under which the building was initially constructed. ---.""=-..- . o Page 2 Memo of Understanding o o o - When the rehabilitation work includes major structural repairs or substantial reconstruction of an existing building, that. portion of the building requiring said repairs or reconstruction will be brought to current code. - When the rehabilitation work includes the remodeling of the kitchen area, the electrical service to the building must be upgl:aded to current building code requirements, including the area being serviced, Le., the kitchen must have the pl:opel: numbel: and type of electl:ical outlets and sepal:ate cil:cuits for appliances. - When the rehabilitation work also includes the construction of a new l:oom addition on an existing building, the new room addition must conform to CUl:l:ent codes requil:ed fOl: new construction. OFF STREET COVERED PARKING REQUIREMENTS Section 19.56.030 pf the City of San Bernal:dino Zoning Ordinance entitled "Requil:ed Minimum Numbel: of Parking Spaces - Residential" states that in a single family (including Manufactured Housing Subdivisions) two spaces shall be pl:ovided in a gal:age. Since many of the homes being rehabilitated were built prior to this ordinance being adopted, many pl:operties wel:e constructed without a gal:age, had a gal:age Ol: carpol:t that is now demolished, Ol: the existing gal:age/cal:port was convel:ted to additional living space. As such, this memol:andum shall effectuate an undel:standing between the Redevelopment Agency and the Planning Depal:tment that adopts the following: - When the pl:opel:ty to be l:ehabi1itated undel: the Redevelopment Agency Neighbol:hood Housing Rehabilitation Pl:ogl:am did not pl:eviously include a covel:ed gal:age, no off stl:eet covel:ed pal:king will be l:equ1l:ed. Additionally, when the pl:opel:ty to be l:ehabllitated includes a gal:age that has been convel:ted to living space, and since the l:equil:ement fOl: a gal:age is not excused by "non conforming use" retl:oactivity pl:ovisions, the pl:opel:ty ownel: shall apply to the City of San Bernal:dino Planning Commission fOl: a val:iance under the pl:ovisions outlined in Chaptel: 19.74 of the San Bernal:dino Municipal Code. ack Rosebl:augh upel:intendent Bldg. & Safety Dept. unit Schuma Dil:ectol: Planning Depal:tment ~ LH Glenda Saul . Executive Director Redevelopment Agency Date Executed: 0463C