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Home My WebLink About14-Building and Safety c o o o cou~aCRt. AC.TmO~J CORRE5f?O~.jD~MC~~ To James Robbins, Sl'perintendent Building and Safety Subject Date August 2!:i, 1986 current city policy on Requiring Garages on Rehabilitation project.; ...-------- .- Agenda Item No, 28 August 18, 1986 Meeting O<Jtc Action -~-- . The proposal to require garages on rehabilitation projects was con ti!l.':.':.~_1..g.,.~e~1;~~::F 8, 1 J 86 . sc:pn ~\,.... I, /1?l>>(L, " SHAUNA CLARK City Clerk cc: /~ ~I-e 0.. SAN BI:RNARU~U- KI;UU~ I P'UK \iUUN\iIL A\i~U" From: JAMES ROBBINS, SUPERINTENrf~'O.-AOMIK. OM'6ject: CURRENT CITY POLICY ON REQUIRING 1986 AUG II ~M \I: 37 GARAGES ON REHABILITATION PROJECTS Dept: 8UJLDI1lG AND SAFETY Date: AUGUST 11, 1986 Synopsis of Previous Council ection: 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 proje,Cts,. ...... \\) Recommeno:led motion: It is reqpectfully 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/ I/~ (,' Y: Vii.........).,\. f~:..J ~,.'---p- .'\~ (/ Signature COntact person: James Robbins Phone: 5274 Supporting data attached: Yes Ward: FUNDING REQUIREMENTS: Amount: Source: Finance: COuncil Notes: 75-0262 Agenda Item No,_ CIO OF SAN BERNARDQO - REQUQT FOR COUNCIL AC:lON 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. With the implementation of the Redevelopment Agency Neighborhood Housing Rehabilitation Program, a more specific guideline was desired. As a result, a two page memo of under- standing was drafted and signed by Building and Safety, Planning and the Redevelopment Agency. That understanding indicated, "if the ~roperty did not previously include a covered garage, no off street coveredJarklng w1l1 be reQuired," "when the property in- cludes a garage that has been convert ,the froperty owner shall apply for a variance." In this case the owner is not required to rep ace the garage or carport. However, thlS type of variance has not been requested. 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 required. 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 - J1 L1 o o o o MEMORANDUM OF UNDERStANDING Neighborhood Housing Rehabilitation Program TO: tha Undersigned SUBJECT: Memorandum of Understanding governing the Property !l.ehabilitation Standards (P!l.S) and Off Street Covered Parking !l.equiruents as said requirements relate to the !l.edeveloplD8Dt Aaency of the City of San Bernardino Neighborhood Housing !l.ehabll1tation Program. (NHBP) PU!l.POSE : The purpoee and intent of this KeIIorandum is to develop an understanding between the City of San Bernardino DepartllleDts of Building and Safety, Plam11ng and !l.edeveloplllent, and a framework for the efficient and cost-effective 1IIIplnentation of the !l.edevelopllleDt Agency/Community Development Block Grant Neighborhood Housing !l.ehabilitation Program. !l.ehabllitation, for the purposes of this Agresent, is defined as follows: !l.ehabllltation is the reconditioning of the existing dwelling unit without increasing the size of the liveable area witlln the unit. Enlarging the liveable area within a dwelling unit by twenty-five percent (25%) or less will DOt be cODsidered an increase in the size of the liveable area. --- P!l.OPE!l.TY !l.EHABlLITATION STANDA!l.DS (P!l.S) !l.ecognizing the need for III1xdmuDl etandards with respect to health, eafety and welfare, the State of California adopted the Community !l.edeveloplllent Law, California Health and Saf.ty Code SectiODs 33000 .!h. seq., and the California EnvirOllll8ntal Quality Act, California Public !l.esources Code Section 21000,!,!;.. seq. Historically, under the City's Neighborhood Housing !l.ehabllitation Program these III1DiJ1w1 standards, called Property !l.ehabilitation Standards (P!l.S), have supplell8Dted those standards established \ly the UDiform Building Code and various City ordinances. Due to the age and condition of a III&jority of the houses ,that are tarseted for rehabilitation by the !l.edeveloplllent Agency, significant additiouaJ. costs are incurred and financial hardsllp placed upon the low and lIIOderate income owners who would otherwise benefit frOll the City's NHRP. As such, this Memorandum ehall effectuate an understanding between the !l.edeveloplllent Agency and the Department of Building and Safety that adopts the following changes in the !l.edevelopllent Agency Neighborhood Housing !l.ehabllitation Program's Property !l.ehabilitation 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 iDitially constructed. o Page 2 MelllO of Understand1ng o o o - When the rehabilitation work includes ujor structural repairs or substantial reconstruction of an ensting building, that portion of the build1ug requiring said repairs or reconstruction will be brought to current code. - When the rehabilitation work includes the remodellng of the kitchen area, the electrical eervice to the build1ng IDWIt be upgraded to current build1ng code requirements, including the area being serviced, i.e., the kitchen must have the proper number and type of electrical outlets and separate circuits for appliances. - When the rehab1l1tation work elso includes the construction of a new roOll add1 tion on an eus ting build1ng, the new roOll add1 tion IIUS t conform to current codes required for new construction. OFF STREET COVERED PAllXING REQUIREMENTS Section 19.56.030 of the City of San Bernardino ,Zoning Ord1nance entitled "Required MiI1illlulll Naber of Park1ng Spaces - Residentiar states that in a single fllllily (including Manufactured Housing Subd1visions) - two spaces shall be provided in a garage. Since uny of the hOllIes being rehabilitated were built prior to this ordinance being adopted, many properties were constructed without a garage, had a prage or carport that is now delllolished, or the eusting garage/carport was converted to add1tianal living space. As such, this mellloranda shall effectuate an u:nderstanding between the Redevelopment Agency and the Plazm1ng Department that adopts the following: - When the property to be rehabilitated u:nder the Redevelopment Agency Nei&hborhood Housing Rehabilitation Program d1d not previously include a covered garage, no off street covered parking will be required. Additionally, when the property to be rehabilitated inc:l.udes a garage that has been converted to living space, and since the requirement for a garage ie' not excused by "non conforming use" retroactivity provisions, the property owner shall apply to the City of San Bernardino Pla:n:n1ng COlllllU.ssion for a variance under the provisions outlined in Chapter 19.74 of the San Bernardino Municipal Code. r&Dlt Schuma Director Plazm1ng Departlllen t u ~ Glenda Saul ~ Executive Director Redevelopmeut' Agency Date Executed: 0463C