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HomeMy WebLinkAboutMC-1373 Adopted: May 21, 2012 Effective: June 20, 2012 1 ORDINANCE NO. MC-1373 2 AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO TO AMEND SAN BERNARDINO MUNICIPAL CODE 15.20, 19.20 AND 3 19.62 TO ALLOW ADDITIONS TO EXISTING BUILDINGS UNDER 2500 SQUARE FEET TO a BE EXEMPT FROM MEETING NEW DEVELOPMENT STANDARDS FOR THE ENTIRE EXISTING STRUCTURE; ALLOW FOR NONCONFORMING USES TO RETAIN THEIR 5 CURRENT STATUS FOR 36 MONTHS RATHER THAN 12 MONTHS; ELIMINATE THE 6 REQUIREMENT FOR A NEW CERTIFICATE OF OCCUPANCY BEYOND INTERNATIONAL CODE REQUIREMENTS AND AUTOMATIC ABATEMENT 7 REQUIREMENTS FOR NONCONFORMING USES. 8 WHEREAS, the continuing economic recession has resulted in existing commercial and 9 industrial buildings remaining vacant of extended periods of time although their owners actively 10 maintain the structures and seek new tenants; and u WHEREAS, the current Development Code imposes extensive requirements exceeding 12 standards of building and safety codes, which make it difficult for building owners and potential new 13 businesses to reuse existing buildings in the City of San Bernardino; and 14 WHEREAS, these requirements can result in buildings remaining vacant and then potentially 15 becoming maintenance issues, thus, resulting in negative impacts to entire neighborhoods; and 16 WHEREAS, amendments to San Bernardino Municipal Code 15.20, 19.20 and 19.62 will allow 17 existing vacant buildings to be more easily re-tenanted, thus eliminating blighting conditions resulting 1s from neglect and also lead to greater opportunities for economic revitalization, provision of local 19 services and enhanced safety; and 20 WHEREAS, on May 28, 2012, the Planning Commission of the City of San Bernardino held a 21 22 noticed public hearing to consider public testimony and the staff report recommending proposed amendments to the City Municipal Code to remove impediments to allow the re-tenanting of certain 23 vacant commercial and industrial buildings; and 24 WHEREAS, notice of the public hearing for the Mayor and Common Council's consideration of 25 26 the proposed Ordinance was published in The Sun newspaper on April 26, 2012 27 28 1 MC-1373 1 NOW THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN 2 BERNARDINO DO ORDAIN AS FOLLOWS: 3 SECTION 1. The Mayor and Common Council finds that the above-stated Recitals are true and a hereby adopts and incorporates them herein. 5 SECTION 2. Findings of Fact. 6 7 A. The Ordinance amending the Development Code is consistent with the General Plan of 8 the City of San Bernardino. The proposed amendment seeks to implement General Plan Policy 4.1.1 to proactively seek out and retain businesses that create jobs and generate sales tax revenue. B. The proposed Ordinance amending the Development Code will not be detrimental to the to public interest, health, safety, convenience or welfare of the City. The proposed amendment will allow 11 existing vacant buildings to be more easily re-tenanted, eliminating blighting conditions resulting from 12 neglect. Vacant buildings also are targets for crime and vagrancy. Removing unnecessary barriers to 13 building occupancy leads to greater opportunity for economic revitalization, provision of local services 14 and enhanced safety. 15 SECTION 3. San Bernardino Municipal Code (Development Code) Section 19.06.025 16 "Prohibited Uses" is hereby amended to read as shown on Exhibit A, attached hereto and incorporated 17 herein by reference. 18 SECTION 4. Compliance with the California Environmental Quality Act: The Mayor and 19 Common Council finds that the proposed Ordinance amending Section 19.06.025 of the Municipal Code 20 (Development Code) is exempt from the California Environmental Quality Act (CEQA) pursuant to 21 Section 15061(b)(3) of the CEQA Guidelines, as an action that will not result in a direct or reasonably foreseeable indirect physical change in the environment. 22 23 SECTION 5. Severability: If any section, subsection, subdivision, sentence, or clause or phrase 24 in this Ordinance or any part thereof is for any reason held to be unconstitutional, invalid or ineffective 2s by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The Mayor and Common Council hereby 26 declares that it would have adopted each section irrespective of the fact that any one or more 27 subsections, subdivisions, sentences, clauses, or phrases be declared unconstitutional, invalid, or 28 ineffective. 2 MC-1373 1 AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN 2 BERNARDINO TO AMEND SAN BERNARDINO MUNICIPAL CODE 15.20, 19.20 AND 19.62 TO ALLOW ADDITIONS TO EXISTING BUILDINGS UNDER 2500 SQUARE FEET TO BE 3 EXEMPT FROM MEETING NEW DEVELOPMENT STANDARDS FOR THE ENTIRE EXISTING STRUCTURE; ALLOW FOR NONCONFORMING USES TO RETAIN THEIR 4 CURRENT STATUS FOR 36 MONTHS RATHER THAN 12 MONTHS; ELIMINATE THE s REQUIREMENT FOR A NEW CERTIFICATE OF OCCUPANCY BEYOND INTERNATIONAL CODE REQUIREMENTS AND AUTOMATIC ABATEMENT 6 REQUIREMENTS FOR NONCONFORMING USES. I HEREBY CERTIFY that the foregoing ordinance was duly adopted by the Mayor and s Common Council of the City of San Bernardino at a 9 t. j meeting thereof, held on the 21 stday 9 of May , 2012, by the following vote to wit: io Council Members: AYES NAYS ABSTAIN ABSENT I MARQUEZ x JENKINS % 12 % VALDIVIA 13 SHORETT x 14 KELLEY x JOHNSON x 1s x MC CAMMACK 16 u 18 19 Geoi ann Hanna, City Clerk ?j 20 The foregoing Ordinance is hereby a pp roved this day of May , 2012. 21 22 23 14 PAT CK J. ORRIS, Mayor zs Approved as to form: City of San emardino 26 JAMES F. PENMAN n City Attorney 28 dL-C! 3 MC-1373 EXHIBIT A Chapter 15.20 CERTIFICATE OF OCCUPANCY Sections: 15.20.010 Purpose. 15.20.020 Definitions. 15.20.030 Certificate of Occupancy Required. 15.20.040 Conditions Requiring Application. 15.20.050 Application Process. 15.20.070 Temporary Certificate of Occupancy. 15.20.080 Revocation of Certificate of Occupancy. 15.20.090 Hearings. 15.20.100 Connection/Disconnection of Utilities. 15.20.110 Violation. 15.20.010 Purpose. The purpose of this Chapter is to protect the public from unsafe and substandard buildings, to prevent the deterioration of buildings, and to prevent future blight and decline of property values through a program of required inspection and certification. (Ord. MC-671, 7-24- 89;Ord. MC-670, 7-17-89.) 15.20.020 Definitions. Except as otherwise defined in this Chapter, all terms used in this Chapter which are defined by applicable State law, the State Codes, or this Code, are used in this Chapter as so defined, unless from the context it clearly appears that a different meaning is intended: 1. Occupant means any person who occupies a unit, building, structure, or property whether as an owner, or tenant or pennittee of the owner. 2. Occupancy means the purpose for which a building, structure, or property is used or intended to be used. 3. Owner means any person having a legal or equitable interest in the property. 4. Person means an individual, partnership, corporation, association or organization, or the agent of any of the foregoing. (Ord. MC-1027,9-8-98;Ord. MC-671, 7-24-89; Ord. MC-670, 7-17-89.) 15.20.030 Certificate of Occupancy Required. A. Buildings and Structures. No relocated or hereafter erected structure shall be occupied, or no change in occupancy shall be inaugurated until a Certificate of Occupancy has been issued by the Department of Community Development. B. Valid Certificate. A Certificate of Occupancy or temporary Certificate of Occupancy shall not be deemed to be valid if it has expired, been denied, withheld,revoked, failed to MC-1373 pass a fire inspection, or a new Certificate of Occupancy was required but had not been obtained. C. Posting Certificate. The owner of the business, building or structure shall display this certificate in a conspicuous place. In addition, the owner of a building or structure shall provide a copy of the certificate to all lessees,renters and purchasers of the property. (Ord. MC-1027, 9-8-98; Ord. MC-782, 5-3-91; Ord. MC-781, 4-22-91; Ord.MC-671, 7-24-89; Ord. MC-670, 7-17-89.) 15.20.040 Conditions Requiring Application. A new Certificate of Occupancy shall be required whenever: 1. A new building is constructed. 2. A change in the nature of use of a building which would place it in a different occupancy classification, or division thereof. 3. Whenever a building is ordered to be vacated by the Building Official or the Fire Marshal due to substandard or dangerous conditions. (Ord. MC-880, 6-21-93;Ord. MC-782, 5-3-91;Ord.MC-781,4-22-91;Ord. MC-671, 7-24-89; Ord. MC-670, 7-17-89.) 15.20.050 Application Process. A. The owner shall file a written application accompanied by payment of a fee with the Community Development Department prior to use or occupancy of the premises or thirty (30) days prior to expiration of an existing Certificate of Occupancy or temporary Certificate of Occupancy. The Building Official shall cause an inspection to be made of the premises within ten (10) working days for compliance with City codes. If the premises are in compliance with said codes, the Building Official shall issue a Certificate of Occupancy. B. When an inspection discloses that the premises are not in compliance with the codes, the Building Official shall give written notice of each deficiency to the owner.No Certificate of Occupancy shall be issued to the owner until all deficiencies are corrected. If the owner fails to correct all said deficiencies within sixty (60) days after the original application was filed,the application shall expire and a new application, plus fees,will be required. C. The owner shall be responsible for making the premises available for inspection by the City. (Ord. MC-1027, 9-8-98; Ord. MC-741, 9-17-90; Ord. MC-671, 7-24-89; Ord. MC- 670, 7-17-89.) HC-1373 15.20.070 Temporary Certificate of Occupancy. If the Building Official finds that no substantial hazard will result from use or occupancy of any building or portion thereof, any structure or any vacant property, and upon a showing of good cause by the owner, the Building Official may issue a temporary certificate of occupancy for up to 180 days. When a temporary certificate of occupancy is issued for more than thirty (30) days,the Building Official may require a cash bond payable to the City in an amount equal to the cost of doing the required work as determined by the Building Official. (Ord.MC-671, 7-24-89; Ord. MC-670, 7-17-89.) 15.20.080 Revocation of Certificate of Occupancy. The Building Official, in writing, may deny or revoke a certificate of occupancy when it is determined that the building, structure, or property is in violation of the codes, or when the certificate was issued in error or on false information supplied by the applicant.The certificate of occupancy is automatically revoked when there is a change of occupancy classification, or when a building is ordered vacated by the Building Official or Fire Marshal due to substandard or dangerous conditions.(Ord.MC-880, 6-21-93;Ord.MC-671, 7-24-89;Ord.MC-670, 7-17-89.) 15.20.100 Hearings. Any person aggrieved by the denial, withholding or revoking of a certificate of occupancy or temporary certificate of occupancy by the Building Official may request a hearing in writing before the Hearing Officer. All decisions of the Hearing Officer may be appealed to the Board of Building Commissioners in accordance with the provisions of Chapter 2.64 of this Code. (Ord. MC-671,7- 24-89;Ord.MC-670, 7-17-89.) 15.20.120 Connection/Disconnection of Utilities. Buildings, structures or property shall be issued a certificate of occupancy or a temporary certificate of occupancy prior to connection of public utilities. The Building Official may approve the connection of utilities prior to the issuance of a certificate of occupancy when requested in writing by the applicant for good cause shown, and when he finds that no unsafe conditions exist or will be created by such connection. The Building Official may disconnect or order discontinuance of any utility service to any buildings, structures, or premises lacking a valid certificate of occupancy or a valid temporary certificate of occupancy pursuant to the State Codes. HC-1373 (Ord.MC-880,6-21-93; Ord. MC-671,7-24-89;Ord.MC-670,7- 17-89.) 15.20.140 Violation. Any person who violates or causes the violation of any provision of this Chapter shall be deemed guilty of a misdemeanor, which upon conviction thereof is punishable in accordance with the provisions of Section 1.12.010 of this Code. (Ord. MC-671, 7-24-89; Ord MC-670, 7- 17-89.) 19.20.020 APPLICABILITY Any permit which authorizes new construction or additions to an existing structure in excess of 2,500 square feet of the structure floor area shall be subject to the standards set forth in this Chapter. 19.20.030 GENERAL STANDARDS 18. PUBLIC STREET IMPROVEMENTS A. Any new construction or construction of 2,500 square feet or more of the structure floor area of the primary structure shall require the dedication of public right-of- way for public street purposes. In addition,the property owner shall be required to irrevocably agree to participate in any future assessment district that may be formed to construct public street improvements in accordance with the policies, procedures and standards of the Director of Public Works/City Engineer. B. Whenever street improvements are required along a parcel as a condition of approval of new construction and the oft-site drainage pattern requires it, the entire street section may be required to be improved in accordance with the policies, procedures and standards of the Director of Public Works/City Engineer. C. Special Fee areas may be designated by the Mayor and Common Council to provide funding for required improvements or to refund monies advanced by the City for designated improvements. Whenever such fee areas are established by Resolution of the Mayor and Common Council, all new construction or construction of 2,500 square feet or more of structure floor area of the primary structures shall pay such fees. MC 816 2/6/92 MC-1373 19.62.020 NONCONFORMING STRUCTURES A structure which lawfully existed prior to the effective date of this Development Code is a legal nonconforming structure, and may continue even though the structure fails to conform to the present requirements of the land use district in which it is located. A legal nonconforming structure may be maintained as follows: 1. A legal nonconforming structure which is damaged to an extent of 1/2 or more of its replacement cost immediately prior to such damage may be restored only if made to conform to all provisions of this Development Code. However, any residential structure(s), including multi-family, in a residential land use district destroyed by a catastrophe, including fire, may be reconstructed up to the original size, placement, and density. However, reconstruction shall commence within 2 years after the catastrophe. 2. Necessary repairs and desired alterations may be made to a legal nonconforming residential structure(s), including multi-family. 3. Reasonable repairs and alterations may be made to legal nonconforming commercial, institutional, or industrial structures, provided that where the cost does not exceed the replacement cost of the legal nonconforming structure. However, improvements required to reinforce nomeinforced masonry structures shall be permitted without replacement cost limitations. 4. Changes to interior partitions or other nonstructural improvements and repairs may be made to a legal nonconforming commercial, institutional, or industrial structure, provided that the cost of the desired improvement or repair shall not exceed 1/2 of the replacement cost of the nonconforming structure over any consecutive 5 year period. 5. The replacement cost shall be determined by the Director. 6. Any additional development of a parcel with a legal nonconforming structure will require that all new structures be in conformance with this Development Code. 7. If the use of a nonconforming structure is discontinued for a period of 36 or more consecutive calendar months, the structure shall lose its legal nonconforming status, and shall be removed or altered to conform to the provisions of this Development Code. A use of a legal nonconforming structure shall be considered discontinued when any of the following apply: A. Where characteristic furnishings and equipment associated with the use have been removed and not replaced and where normal occupancy and/or use has been discontinued for a period of 36 or more consecutive calendar months. B. Where there are no business receipts available for the 36 month period. S. The following provisions shall apply to the reuse of existing nonconforming commercial/industrial structures and/or sites. MC-1373 A. Landscaping shall be upgraded and maintained in a viable growth condition and irrigated in compliance with Section 19.28.030(10). B. The parking lot landscaping shall be a minimum of 15% of the required parking lot area. However, if it is physically impossible to meet the minimum requirement, the Director may approve a reduction in the amount of landscaping required. No landscape improvements are required in areas not visible and/or accessible to the public. C. Existing, required parking spaces shall not be removed to provide additional landscaping. D. New uses in existing structures may be entitled to a reduction of up to 25% in the number of required parking spaces as determined by the Director. E. Existing wheel stops may remain. If repaving of the parking lot is necessary, existing wheel stops may be removed and reinstalled following the repaving, provided stall dimensional requirements are met. However, no installation of new or additional wheel stops shall occur. F. Installation of new concrete curbing may be required 3 feet from any walls, fences, property lines, walkways or structures adjacent to parking areas and drive aisles. G. Screening compatible with the existing structure shall be required for mechanical equipment pursuant to Section 19.20.030(21). H. A refuse enclosure shall be provided in compliance with adopted Public Works standards. 1. Chain link fencing not in conformance with Code requirements shall be removed by the owner/applicant prior to the establishment of the commercial use pursuant to Section 19.20.030(8). J. A nonconforming structure may be reoccupied without complying with the building dimensional requirements pertaining to height, setbacks and/or lot coverage. All other requirements in the Municipal Code, including but not limited to the provisions of this Chapter, shall apply to the reoccupancy of the structure. MC 810 10/3/91 (amended). K. A nonconforming structure that has historic significance may be reused for its original intended use regardless of the zoning designation if a Historic Resource Evaluation Report has been prepared that confirms the historic significance subject to the Director's determination that is compatible with surrounding land uses. MC 957 2/7/96 MC-1373 19.62.030 NONCONFORMING USES A nonconforming use is one which lawfully existed prior to the effective date of this Development Code, but which is no longer permitted in the land use district in which it is located. The continuance of a legal nonconforming use is subject to the following: 1. Change of ownership, tenancy, or management of a nonconforming use shall not affect its legal nonconforming status, provided that the use and intensity of use does not change. 2. If a nonconforming use is discontinued for a period of 36 or more consecutive calendar months, it shall lose its legal nonconforming status, and the continued use of the property shall be required to conform with the provisions of this Development Code. 3. Additional development of any property on which a legal nonconforming use exists shall require that all new uses conform to the provisions of this Development Code. 4. If a nonconforming use is converted to a conforming use, no nonconforming use may be resumed. 5. No nonconforming use may be established or replaced by another nonconforming use, nor may any nonconforming use be expanded or changed, except as provided in 19.62.030(6) and 19.62.030(7). 6. A nonconforming use of a portion of a nonconforming commercial or industrial center or complex may be established or replaced by another similar nonconforming use pursuant to Section 19.02.070(3), if all of the following findings are made: a. That the nonconforming use is similar to the uses originally allowed in the center or complex; b. That the nonconforming use will not adversely affect or be materially detrimental to adjoining properties; and C. That the use of the entire center or complex has not been vacant or discontinued for a period of 36 or more calendar months. MC 957 2/7/96 7. An existing legal nonconforming use or legal nonconforming building may be minimally expanded or changed subject to the granting of a Development Permit if all of the following findings are made: a. That such expansion or change is minimal; b. That such expansion or change will not adversely affect or be materially detrimental to adjoining properties; C. That there is a need for relief of overcrowded conditions or for modernization in order to properly operate the use; and MC-1373 d. That the use is existing and has not been discontinued for a period of 36 or more calendar months. MC 888 1/6/94,MC 957 2/5/96 19.62.050 STRUCTURE PERMITS OR CERTIFICATES OF OCCUPANCY PROHIBITED When any nonconforming structure or use is no longer permitted pursuant to the provisions of this Chapter, no permit for a structure shall thereafter be issued for further continuance, alteration, or expansion. Any permit issued in error shall not be construed as allowing the continuation of the nonconforming structure or use. 19.62.060 REMOVAL OF ILLEGAL NONCONFORMING STRUCTURES AND USES Nothing contained in this Chapter shall be construed or implied so as to allow for the continuation of illegal nonconforming structures and uses. Said structures and uses shall be removed immediately subject to the provisions of Chapter 19.46 (Enforcement of Provisions) and State law.