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HomeMy WebLinkAboutMC-1406 Adopted: July 21, 2014 Effective: August 21, 2014 1 ORDINANCE NO. MC-1406 2 ORDINANCE OF THE CITY OF SAN BERNARDINO ADOPTING DEVELOPMENT CODE AMENDMENT/ZONING MAP AMENDMENT 14-12, TO 3 AMEND DEVELOPMENT CODE CHAPTERS 19.02 AND 19.04 TO ADD 10.16 4 ACRES ON NORTHPARK BOULEVARD, NORTHWEST OF UNIVERSITY PARKWAY, TO THE RESIDENTIAL STUDENT HOUSING ZONE AND TO ADD 5 CERTAIN DEVELOPMENT STANDARDS TO THE RESIDENTIAL STUDENT HOUSING ZONE. 6 7 WHEREAS, the current Development Code was adopted in 1991; and WHEREAS, the current General Plan was adopted in 2005; and 8 WHEREAS, Development Code Amendment/Zoning Map Amendment 14-12 is a 9 proposal to amend Development Code Chapter 19.02, Section 19.02.050 (Definitions) 10 "Student Housing Complex"; and Chapter 19.04, Sections 19.04.010(2)(E)(4) RSH 11 (Residential Student Housing) Zone and 19.04.030(2)(V) Student Housing Complex; to add 12 10.16 acres on the West side of Northpark Boulevard, Northwest of the intersection of 13 University Parkway and Northpark Boulevard in Tract 17703-2 Lot 1 and Tract 17703-3 Lots 14 1, 2, and 3 to the RSH Zone; and to add certain Development Standards to the RSH Zone; and 15 WHEREAS, on June 18, 2014, the Planning Commission of the City of San Bernardino held a noticed public hearing to consider public testimony and the staff report 16 recommending approval of Development Code Amendment/Zoning Map Amendment 14-12 17 to the Mayor and Common Council; and 18 WHEREAS, notice of the public hearing for the Mayor and Common Council's 19 consideration of the proposed ordinance was published in The Sun newspaper on June 24, 20 2014. 21 22 NOW THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE 23 CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: 24 25 SECTION 1. The Mayor and Common Council find that the above-stated Recitals are true and hereby adopt and incorporate them herein. 26 27 SECTION 2. Compliance with the California Environmental Quality Act. The 28 Mayor and Common Council finds that Development Code Amendment/Zoning Map 1 MC-1406 1 Amendment 14-12 is exempt from the California Environmental Quality Act (CEQA) 2 pursuant to Section 15061(b)(3) of the CEQA Guidelines, because the effect of the amendment would not result in a significant direct or reasonably foreseeable indirect 3 physical change in the environment. 4 5 SECTION 3. Findings of Fact. The Mayor and Common Council hereby adopts 6 the following Findings of Fact: 7 1. The proposal is to amend the boundaries of the Residential Student Housing (RSH) 8 Zone in certain areas. The underlying zoning and land use designations will not be affected. 9 Therefore, the proposed amendment will continue to be consistent with General Plan Policy 10 2.2.1, which calls for compatibility between land uses and quality design through adherence to the standards and regulations in the Development Code and policies and guidelines in the 11 Community Design Element. The amendment will result in allowing a student housing 12 complex containing up to 800 beds for students (primarily first year Freshmen and second year 13 students), within walking distance of CSUSB to serve the student body, faculty and staff of 14 CSUSB. Thus, the amendment will be consistent with this policy. 15 16 2. The proposed amendment will enable CSUSB to provide not only student apartments such as University Villages but also "Townhome Style" student housing 17 complexes with amenities. Further, it is desirable to establish clear standards in the Code 18 and operations that fit "Townhome Style" student housing that will benefit the public 19 interest, health, safety, convenience and welfare of the City. 20 21 SECTION 4. Development Code Amendment/Zoning Map Amendment 14-12, 22 attached hereto as Exhibits A, B, and C and incorporated herein by reference, is hereby 23 adopted based upon the Findings of Fact contained in this Resolution. 24 / / / 25 / / / 26 27 28 2 MC-1406 1 SECTION 5. Severability: If any section, subsection, subdivision, sentence, or 2 clause or phrase in this Ordinance or any part thereof is for any reason held to be 3 unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or 4 any part thereof. The Mayor and Common Council hereby declares that it would have 5 adopted each section irrespective of the fact that any one or more subsections, subdivisions, 6 sentences, clauses, or phrases be declared unconstitutional, invalid, or ineffective. 7 /// 8 /// 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 MC 1406 1 ORDINANCE OF THE CITY OF SAN BERNARDINO ADOPTING DEVELOPMENT CODE AMENDMENT/ZONING MAP AMENDMENT 14-12, TO 2 AMEND DEVELOPMENT CODE CHAPTERS 19.02 AND 19.04 TO ADD 10.16 ACRES ON NORTHPARK BOULEVARD, NORTHWEST OF UNIVERSITY 3 PARKWAY, TO THE RESIDENTIAL STUDENT HOUSING ZONE AND TO ADD 4 CERTAIN DEVELOPMENT STANDARDS TO THE RESIDENTIAL STUDENT HOUSING ZONE. 5 6 I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor joint regular 7 and Common Council of the City of San Bernardino at a meeting thereof, held 8 on the 21 s tday of July , 2014, by the following vote to wit: 9 Council Members: AYES NAYS ABSTAIN ABSENT 10 MARQUEZ 11 x BARRIOS 12 VALDIVIA x 13 SHORETT x x 14 NICKEL 15 JOHNSON x 16 MULVIHILL x 17 18 C-W/dang -- Geor eHanna' Ci 19 20 The foregoing Ordinance is hereby approved this , 2 day • 21 July , 2014. i 22 zig 23 R. CA' 'Y DAVIS, Mayor Approved as to form: City of San Bernardino 24 GARY D. SAENZ City Attorney 25 26 By •_. .__ • 27 28 4 MC-1406 Exhibit A Development Code Section 19.02.050 (Definitions) Amend the text 19.02.050 (Definitions) to read as follows: (The new text has been underlined.) "Student Housing Complex. A building or buildings containing townhomes and/or multiple family dwellings which allow for each bedroom to be leased to students attending California State University, San Bernardino, which provides common area amenities for units with kitchen facilities ranging from one to no more than six bedrooms per unit. The site shall be adjacent to California State University, San Bernardino, bus service shall be available (within 500 feet of a bus stop), and retail services shall be within 2000 feet of the site. The designation will be applied only to projects and parcels located within 500 feet of California State University, San Bernardino and specifically, only on the 8.28 acres on the south side of Northpark Boulevard, east of University Parkway, as designated in General Plan Amendment No. 01-06, and the 10.16 acres on the west side of Northpark Boulevard, northwest of the intersection of University Parkway and Northpark Boulevard in Tract 17703-2 Lot 1, and Tract 17703-3 Lots 1, 2 and 3." MC-1406 Exhibit B Development Code Section 19.04.010(2)(E)(4) RSH (Residential Student Housing) Zone Amend the text 19.04.01(2)(E)(4) to read as follows: (The new text has been underlined.) "The overlay district is specifically designed to allow student housing complexes on lots located within 500 feet of California State University San Bernardino, and which are at least five acres in size, at a maximum density of 20 units per acre and with no more than 75 bedrooms per acre, and specifically, only on the 8.28 acres on the south side of Northpark Boulevard, east of University Parkway, as designated in General Plan Amendment No. 01-06, and the 10.16 acres on the west side of Northpark Boulevard, northwest of the intersection of University Parkway and Northpark Boulevard in Tract 17703-2 Lot 1, and Tract 17703-3 Lots 1, 2 and 3. In the event that the project no longer houses California State University, San Bernardino students or is demolished, further use of the site will revert back to the underlying land use district policies and standards." MC-1406 Exhibit C Development Code Section 19.04.030(2)(V)(16) Development Standards Add new Section 19.04.030(2)(V)(16)to read as follows: (The new text has been underlined.) "16. Townhome Student Housing complexes are only permitted in the Residential Student Housing District on lots within 500 feet of California State University, San Bernardino, and only the 10.16 acres on the west side of Northpark Boulevard, north of University Parkway in Tract 17703-2 Lot 1 and Tract 17703-3 Lots 1, 2 and 3. (a) Whenever the requirements of this Section 19.04.030(2)(V)(16) conflicts with the underlying base zone, specific plan, or other requirements of the Development Code, the requirements of this Section 19.04.030(2)(V)(16) shall govern. (b) Townhome Student Housing complexes are only permitted in the Residential Student Housing District on lots within 500 feet of California State University, San Bernardino, and on only the 10.16 acres on the west side of Northpark Boulevard, north of University Parkway. (c) The requirements specified above in Section 19.04.030(2)(V)(2),(3), (5), (6) and(13) shall apply to a Townhome Student Housing complex. (d) The maximum density of a townhome student housing complex is 80 beds per acre. (e) The minimum townhome unit size shall be as follows: a. 1-bedroom 600 square feet b. 2-bedroom 800 square feet c. 3-bedroom 1,000 square feet d. 4-bedroom 1,200 square feet e. 5-bedroom 1,400 square feet f. 6-bedroom 1,600 square feet (f) A minimum of 5 percent of the bedrooms in the student housing project shall be designed as bedroom studios that meet Americans with Disabilities Act(ADA) standards, including a private bathroom and facilities for preparation of food (including storage, refrigeration and cooking). (g) Townhome Student Housing complexes are not required to provide a balcony or patio for each bedroom and/or each unit provided the site of the student housing project is within 1,000 feet of a public park and the student housing project provides indoor and outdoor living space for passive and active recreational uses equivalent to a minimum of 15 percent of the gross floor area of dwellings in the project. (h) Student housing complexes shall provide indoor and outdoor recreational amenities within the site which may include: a swimming pool; spa; clubhouse; picnic shelter and barbeque area; court game facilities such as tennis, basketball, volleyball or racquetball; improved softball or baseball fields; patios and balconies, or such other similar facilities. Each student housing complex shall have a minimum of one MC-1406 swimming pool and Jacuzzi. The amenities shall be equivalent to a minimum of 25 square feet per bedroom. (i) Student housing shall provide off street parking to conform to the requirements specified in the Development Code for townhomes and the TD (Transit District Overlay) District. (j) Common laundry facilities with a minimum of one full size washer and one full size dryer and consistent with the City's Building Code shall be provided in each townhome. (k) Each townhome shall be lockable and equipped with either key or card access. Each bedroom shall be lockable and equipped with either key or card access. (1) A professional, non-student resident manager shall live within each project. In addition, a resident student manager, working a minimum of 16 hours a week, shall be provided at a ratio of one per 100 beds. (m)The residents of the townhomes and bedrooms shall be limited to students enrolled at California State University San Bernardino (including students graduating during their lease terms and continuing occupancy until the end of their lease terms), faculty and staff at California State University San Bernardino, and on-site managers living in the student housing complex; persons affiliated with the California University system; and visiting faculty and staff from other colleges and universities, and students enrolled at other colleges and universities; and tenants who do not qualify under the standards in this section may be approved in writing by California State University San Bernardino. (n) Fraternities and sororities are permitted uses in townhome student housing complexes. (o) The height of buildings shall not exceed the height standards of the underlying zoning district."