HomeMy WebLinkAbout28-Public Works
n
u
Ll IIW
o
o
o
o
LAW OFFICES OF
BREK.HUS 8 WILLIAMS
TE\..EPHONE ""'IS) ..SI5-01S00
SANTA ROSA
2300 COUNTY CENTER ORIVE
LA PLAZA WEST, SUITE 177
S"HTA ROSA, CALlF'ORN1A 96"",01
TELEPHONE 1707} 627-9900
PETER B. BREKHUS
SCOTT A. WI L-LlAMS
BARRY F. WESTER
ROBERT Po HALL,.JR.
813 D STRl!!:e:T
SAN RAFAEL,CALlFORNIA 94901
OF' COUNSEL
F"RI!.SNO
7""" P STREET, SUITE t!I
f'RESHO, CALIFORNIA 93777
TELEPHONE 12091 ""88-8330
TERRY D. FORTIER
October 17, 1986
Members of the City Council
CITY OF SAN BERNARDINO
300 North D Street
San Bernardino, CA 92418
Re: Proposed Changes in Zoning Ordinance
Ladies & Gentlemen:
I represent a number of property owners in the Mountain
Shadows area who are opposed to the project proposed to be
built by Stubblefield Enterprises at the northern terminus of
Citrus Street and La praix Avenue consisting primarily of
apartment units.
It is my understanding that the City is presently
studying amendments to its zoning ordinance pertaining to
construction of multi-family residential units. It is my
further understanding that Stubblefield Enterprises is
seeking to have the City exempt its proposed project from the
provisions of the new ordinance.
Although the Stubblefield property has apparently been
zoned for multi-family residences for a number of years, we
do not believe that this provides any justification at all
for exempting the Stubblefield project from the provisions of
the ordinances in effect at the time of construction. No
construction at all has started on the site, and we believe
there is no justification at all not to have the City insist
that the latest safety standards and ordinances apply to this
project.
Very truly yours,
~t6.~
4
PETER B. BREKHUS
PBB:taf
~8)
0
,
]
2
3
4
5
6
7
8
9
]0
11
]2
13
14
15
16
17
]8
19
20
2]
22
2J
24
25
26
27
28
o
o
o
ORDINANCE NO. M(-S-qq
ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING SECTION
19.12.210 TO THE SAN BERNARDINO MUNICIPAL CODE TO ESTABLISH THE
EFFECTIVE DATE OF FINAL APPROVAL OF PLANS FOR ALL PROJECTS
PERTAINING TO MULTIPLE-FAMILY DEVELOPMENTS, AND DECLARING THE
URGENCY THEREOF.
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
DO ORDAIN AS FOLLOWS:
SECTION 1. Section 19.12.210 is hereby added to the San
Bernardino Municipal Code to read as follows:
"19.12.210 Effective date.
. -'Y--.
The provisions of Chapter 19.12 shall apply to all ~roje~ts
'''~ '-':",
",t.:" ~
for which plans have not been approved by the Development'c.Review
"I" ~
Committee as of thirty days following date of adoption of this~
~.,
section."
SECTION 2. This ordinance is an urgency measure, 'which
shall take effect and become operative upon its adoption and
approval. The facts constituting such urgency are that
amendments to Chapter 19.12 of the San Bernardino Municipal Code
shall become effective on or about November 21, 1986. The
provisions of this ordinance, dealing with the effective date of
final approval of plans pertaining to multiple family
developments, must become effective in conjunction with the
amendments to Chapter 19.12 in order that all developers will
have timely notice of the effective date of the amendments.
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 thereof, held on
the
day of
, 1986, by the
following vote, to wit:
l ~'6)
" - "
Ii
0
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
AYES:.
NAYS:
ABSENT:
o
o
o
City Clerk
The foregoing ordinance is hereby approved this day
, 1986.
of
Approved as to form:
€#i#!/IfJ~
City ttorney
Mayor of the City of~
fii~~~". . ',1~_~,>~
~,"r.;' ,',::.\":.iL~
~~r.;"i:~
~---~~..._"",..
......;.->;<, ,- , . -' -,' .~ '.~'
,
. 0
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
~
~
24
25
26
27
28
o
o
i o. ~
o
ORDINANCE NO. Me- )"("0
ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER
19.12 OF THE SAN BERNARDINO MUNICIPAL CODE PERTAINING TO MULTIPLE
FAMILY RESIDENTIAL DISTRICT.
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
DO ORDAIN AS FOLLOWS:
SECTION 1. Section 19.04.495 of the San Bernardino
Municipal Code is amended to read:
-19.04.495 Story.
A. Story is that portion of a building included between
the upper surface of any floor and the upper surface of the floor
next above, except that the topmost story shall be that portion
of a building included between the upper surface of the topmost
floor and the ceiling or roof above. If the finished floor level
directly above a usable or unused under-floor space is more than
six feet above grade as defined herein for more than fifty
percent of tt,(, 1.oU,] per iraeter or is more than twelve feet above
grade as defined herein at any point, such usable or unused
under-floor space shall be considered as a story.
B. Story-first is the lowest story in a building which
qualifies as a story, as defined herein, except that a floor
level in a building having only one floor level shall be
classified as a first story, provided such floor level is not
more than four feet below grade, as defined herein, for more than
fifty percent of the total perimeter, or more than eight feet
below grade, as defined herein, at any point. In no event shall
the height of the building be greater than thirty-five feet from
the lowest grade elevation.-
(dR
o
o
o
o
1 SECTION 2. Chapter 19.12 of the San Bernardino Municipal
2 Code is hereby amended to read:
3 -19.12.020 Use permitted.
4 No building, structure or land shall be used and no
5 building shall be altered, enlarged or maintained except for the
6 following purposes:
7 A. All uses permitted in the R-2 district.
8 B. Resident courts and apartment buildings subject to the
9 habitable floor area, open space and recreational area per
10 dwelling unit provisions of this chapter.
11 c. Any development which complies with all requirements
12 specifically set forth in this chapter shall be subject to the
13 review of plans procedure set forth in Chapter 19.22.
14 19.12.030 Conditional use permit required.
15 A. Where a project fails to comply with all requirements
16 for development specifically set forth in this Chapter, the
17 project may be permitted in a district zoned as R-3 subject to
18 the issuance of a conditional use permit under the provisions of
19 Chapter 19.78.
20 B. Existing R-3-l200 designated areas containing more than
21 twenty-four units on the same parcel and the following criteria:
~ 1. All windows shall be oriented away from adjacent
~ single-family residential structures.
24 2. The location, configuration and design of the
25 structures shall be harmonious with their sites and surrounding
26 area.
27 19.12.040 Minimum floor area per unit.
28
2
o
o
o
o
1 The minimum enclosed, habitable floor area for any dwelling
2 unit in a multiple dwelling, exclusive of patios, balcony or
3 covered parking space, shall be:
4 A. Bachelor or efficiency (one room unit, inclusive of
5 kitchen and bathroom) - four hundred fifty square feet.
6 B. One bedroom - five hundred fifty square feet.
7 C. Two bedroom - six hundred fifty square feet.
8 D. Three bedroom - nine hundred square feet.
9 19.12.050 Minimum lot area and dimensions.
10 The following minimum lot areas and widths shall apply in a
11 district zoned as R-3. Where a lot has a width or area which is
12 less than the minimum area or width required by this section, but
13 which was of record on September 10, 1953, that lot complies with
14 this section. A lot which conformed to the minimum area and
15 width requirements of the applicable county ordinance prior to
16 its annexation into the City, shall be deemed, after its
17 annexation, to comply with the applicable minimum area or width
18 requirement of this section.
19 A. Minimum area. Except as provided above, the minimum
20 lot area in the R-3 district shall not be less than eight
21 thousand one hundred square feet. It is further provided that
~ the minimum lot area per dwelling unit for units built after the
~ effective date of this ordinance may be established and
24 delineated on the zoning map in accordance with the following
25 table:
26 Zone Minimum Lot Area per Dwelling Unit
27 R-3-1800 1800 square feet (24 dwelling units per acre)
~
3
o
o
o
;1A1,,.t _ fa fo- 't-'~(.
()
1 R-3-3000 3000 square feet (14 dwelling units per acre)
2 When the total lot area exceeds any multiple of the minimum
3 lot area per dwelling unit by fifty percent or more of said
4 minimum, one additional dwelling unit shall be permitted.
5 Existing undeveloped and underdeveloped property at a density
6 of one unit per 1200 square feet of lot area per the R-3-l200 zone
7 shall be allowed to be developed at that density. No new
8 undeveloped or underdeveloped property may be zoned R-3-1200 after
9 the effective date of this chapter.
10 B. Minimum width: all R-3 zones - sixty feet.
11 C. Minimum depth: all R-3 zones - one hundred feet.
12 19.12.060 Building height.
13 Maximum building height of two stories not to exceed thirty-
14 five feet, except the following:
15 A. Nothing in this chapter is intended to render existing
16 buildings built to the R-3-l200 specifications nonconforming.
17 B. Buildings on the project interior which are completely
18 enclosed by two story structures on the same site.
19 c. Where the Planning Director determines that there are
20 unique topographic conditions or constraints on the site.
21 19.12.070 Building coverage.
~ The maximum permissible building coverage shall be fifty
~ percent of the lot or lots. This includes coverage by any
24 habitable structure or any garage, carport or accessory building,
25 whether attached or detached to the dwelling.
26 19.12.080 Setbacks.
2711111 11111
28
4
0
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
~
23
24
25
26
27
28
o
o
o
A. Where a lot in an R~3 district abuts upon a major,
primary or secondary highway, or collector street, there shall be
an average landscaped building setback of not less than twenty-
five feet. For every foot of building frontage having a setback
of less than twenty-five feet, there shall be a foot of building
frontage having a setback correspondingly greater than twenty-
five feet. However, under no circumstances shall a building have
a minimum setback of less than twenty feet.
B. Where a lot in an R-3 district abuts any street other
than a major, primary or secondary highway, or collector street,
there shall be provided an average landscaped building setback of
not less than twenty feet. For every foot of building frontage
having a setback of less than twenty feet, there shall be a foot
of building frontage having a setback correspondingly greater
than twenty feet. However, under no circumstances shall a
building have a minimum setback of less than fifteen feet.
c. Where a lot in an R-3 district abuts a publicly
dedicated alley, any building thereon shall be set back not less
than fifteen feet from the edge of an alley for habitable
structures and five feet from the edge of the alley for garages
and accessory structures and shall be further subject to the
provisions for off-street parking set forth in Chapter 19.56.
D. Buildings facing interior property lines: One-story
structures shall have a side yard of five feet plus one
additional foot for each fifteen feet of continuous wall length;
two-story buildings facing an interior property line shall have a
side yard of ten feet plus one additional foot for each fifteen
feet of continuous wall length.
5
o
o
o
o
1 19.12.090 Yard requirements.
2 There shall be an open yard to separate two or more
3 buildings on the same parcel from one another. The depth of the
4 yard and the length of the yard shall be determined by the length
5 of the structural walls of surrounding buildings, the location of
6 windows, the location of the main entrances, and the location
7 relatative to the subject buildings or other buildings as
8 specified in this chapter.
9 19.12.100 Distances between buildings.
10 Distance between buildings is measured from structural
11 walls or face of habitable balconies and decks. Openings in
12 buildings are defined as walls containing windows, doors, and the
13 face of open balconies/decks.
14 A. Opening to opening: minimum separation - twenty feet
15 plus one foot for every fifteen feet of continuous wall for both
16 walls.
17 B. Opening to wall: minimum separation - fifteen feet
18 plus one foot for each fifteen feet of continuus wall containing
19 openings.
20 C. Wall to wall: ten foot minimum building separation.
21 D. To encourage variation in the placement of structures,
~ the required distance between the substantially parallel walls of
~ two main buildings may be decreased at one end if increased an
24 equal distance at the other end. In no case shall the minimum
25 distance be less than ten feet between any two walls.
26 19.12.110 Yard requirement - Improvement of yard and
27 setback area.
28
6
o
o
o
o
1 Yard and setback areas shall be landscaped with lawn,
2 trees, shrubs, or other plant materials and shall be permanently
3 maintained in a neat and orderly manner.
4 19.12.120 Required recreational-leisure areas.
5 A. Multiple dwelling. On any building site on which there
6 are located ten or more dwelling units other than one-family or
7 two-family dwellings, there shall be not less than three hundred
8 square feet of common usable recretional-leisure space per
9 dwelling.
10 B. Minimum area of private balcony or patio. All ground
11 floor dwelling units shall have a patio. A private patio for any
12 ground floor dwelling unit shall be not less than seventy-five
13 square feet in area. The least dimension shall be not less than
14 eight feet. Where any dwelling unit above the ground floor is
15 served by a private balcony, that balcony shall be a minimum of
16 fifty square feet in area. The least dimension shall be a
17 minimum of five feet.
18 C. Such common recreational-leisure area shall be
19 conveniently located and readily accessible from all dwelling
20 units which it is intended to serve. Where there are more than
21 ten dwelling units on one site the common recreational-leisure
~ area shall include one of the following7 swimming pools,
23 jacuzzi, court game facilities, e.g. tennis, racquetball, tot
24 lots (playground equipment) to the satisfaction of the Planning
25 Department, and any other recreational-leisure facility, the area
26 of which may be included in the calculation of the total area of
27 common recreational-leisure space provided by the development.
~
7
0
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
~
24
25
26
27
28
o
o
o
1. Common recreational-leisure areas shall not include:
a. Rights-of-way for which a perpetual easement for
recreation has not been recorded.
b. Vehicle parking areas and accessways.
c. Areas between walls of adjacent structures where
such walls are less than fifteen feet apart.
d. Slope areas of more than 3:1 grade.
e. Front yard setbacks.
2. All common recreational-leisure areas, with the
exception of pedestrian accessways and paved recreational
facilities contained therein, shall be landscaped with lawn,
trees, shrubs or other plant materials and shall be permanently
maintained in a neat and orderly manner.
19.12.130 Off-street parking requirements.
A. For minimum number and type of parking spaces see
Chapter 19.56.
B. Maximum distance between private parking areas and
dwelling units. Each required enclosed or covered private
parking area shall be within two hundred feet of, and readily
acccessible to, the unit it serves.
C. Required screening of parking facilities. Private
parking areas shall be screened from the view of adjacent
properties, living and recreational-leisure areas and from
adjacent streets by means of plant landscaping or architectural
devices as approved by the Planning Department.
19.12.140 Carports.
8
o
o
o
o
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
~
~
24
25
26
27
28
A. Carports must be structurally enclosed or screened on
three sides as approved by the Design Review Committee.
B. Except as otherwise required by the Uniform Building
Code, a carport built to accommodate two or more vehicles may be
constructed with only the rear of the carport and the two ends
enclosed, except as otherwise required by the Uniform Building
Code.
C. All interior walls of carports shall be finished to the
standards of the Planning Director. There shall be one hundred
fifty cubic feet of private storage provided for each unit, but
it need not be all in a single location. These general storage
cabinets may be provided at a point outside the carport upon the
approval of the Planning Department. Bumper guards shall be
provided to protect the interior walls of carports from damage.
19.12.150 Vehicle access requirements.
A. Every multiple dwelling unit shall be located within
two hundred feet of, and be served by, all such public or private
accessways as will provide adequate access and circulation for
vehicular traffic, including fire, utility, trash collection and
other essential services.
B. Where a building site abuts upon an alley, all
vehicular access to garages and carports shall be only from that
alley.
19.12.160 Required site screening.
A. Except as otherwise provided herein, a solid decorative
type masonry wall, landscaped earthen berm, natural terrain or
any combination thereof, totalling no less than six feet in
9
o
o
o
o
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
~
~
24
25
26
27
28
height, shall be provided as a divider along and immediately
adjacent to the site boundary line of any mUltiple-dwelling unit
which abuts any freeway, expressway, railroad or other right-of-
way, or which abuts the boundary of any area zoned as single-
family residential or any alley adjacent to such boundary. The
height of any such divider shall be as measured from the highest
finished grade adjacent to the wall.
B. For regulations for fences, hedges and walls, see
Chapter 19.63.
19.12.170 Required refuse storage area.
Refuse storage shall conform to the standard size shown on
the specifications for 'Minimum Acceptable Trash Collection
Areas' as established by the Director of Public Works/City
Engineer. Said storage area shall be designed, located or
screened so as not to be readily identifiable from adjacent
streets or highways.
19.12.180 Signs.
For sign regulations, see Chapter 19.60.
19.12.190 Television antenna.
For television antenna regulations, see Section 19.18.270.
19.12.200 Violation.
Any construction, erection, reconstruction, moving,
conversion, alteration or addition to any building or structure
in a manner inconsistent with the provisions of this chapter is
hereby declared to be a nuisance and is abatable under the
provisions of Section 8.33.020 through 8.33.100 of this Code.
10
'0
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
~
~
24
25
26
27
28
o
o
o
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 thereof, held on
the day of , 1986, by the
following vote, to wit:
AYES:
NAYS:
ABSENT:
City Clerk
day
The foregoing ordinance is hereby approved this
, 1986.
of
Approved as to form:
Mayor of the City of San Bernardino
11