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HomeMy WebLinkAboutMC-14791 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 ORDINANCE NO. MC -1479 ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ADOPTING THE CATEGORICAL EXEMPTION AND APPROVING DEVELOPMENT CODE AMENDMENT 17-07 TO AMEND CHAPTER 19.19 (MAIN STREET OVERLAY DISTRICT) OF THE CITY OF SAN BERNARDINO DEVELOPMENT CODE TO ADD AN ADAPTIVE REUSE OVERLAY TO ALLOW FOR THE CONVERSION OF EXISTING COMMERCIAL AND OFFICE BUILDINGS TO RESIDENTIAL UNITS WITHIN SPECIFIED AREAS WHEREAS, the current City of San Bernardino Development Code was initially implemented in 1991; and WHEREAS, on February 20, 2018, the Planning Commission of the City of San Bernardino held a duly noticed public hearing to consider public testimony and the staff report, and adopted Resolution 2018-011 recommending the adoption of the Categorical Exemption, and the approval of Development Code Amendment 17-07 to the Mayor and City Council; and WHEREAS, notice of the public hearing for the Mayor and City Council's I consideration of the proposed Ordinance was published in The Sun newspaper on March 10, 2018. NOW THEREFORE, THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, DO ORDAIN AS FOLLOWS: SECTION 1. The Mayor and City Council find that the above -stated Recitals are true and hereby adopt and incorporate them herein. SECTION 2. Findings of Fact — Development Code Amendment 17-07: Finding No. 1: The proposed amendment is consistent with the General Plan. Finding of Fact: General Plan Housing Element Policy 3.1.1 — Provide adequate sites to accommodate the production of a variety of housing types through land use designation, zoning, specific plans, and overlay zones. General Plan Housing Element Policy 3.2.4 — Encourage and facilitate the rehabilitation and reuse of distressed and abandoned properties. General Plan Housing Element Policy 3.5.4 — Encourage and facilitate the construction, maintenance, and preservation of a variety of housing types adequate to meet a range of household needs. 1 1 2 3 4 5 6 7 8 9 10 111 12� 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Finding No. 2: Finding of Fact: General Plan Housing Element Policy 3.6.2 — Facilitate housing development and rehabilitation that conserve natural resources and minimize greenhouse gas emissions. The proposal under Development Code Amendment 17-07 will allow the City the opportunity to meet the identified General Plan Policies the rehabilitation of distressed and abandoned or underutilized properties for the purpose of increasing the variety and volume of housing stock within the City. Furthermore, adapting and reusing existing buildings will allow increased compliance with the State's greenhouse gas emissions goals by decreasing the emissions caused by demolition and new development activities. Therefore, Development Code Amendment 17-07 is consistent with the General Plan. The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the City. General Plan Land Use Element Policy 2.2 - Promote development that integrates with and minimizes impacts on surrounding land uses. General Plan Housing Element Policy 3.6.2 — Facilitate housing development and rehabilitation that conserve natural resources and minimize greenhouse gas emissions. The proposed project will reduce greenhouse gas emissions and potential impacts on surrounding uses by allowing for the adaptive reuse of existing buildings and decreasing the need for demolition and new development to meet the City's Housing needs and will not be detrimental to the health, safety, convenience, or welfare of the City. SECTION 3. Compliance with the California Environmental Quality Act. In accordance with §15060 of the California Environmental Quality Act (CEQA), the Planning Division conducted an environmental evaluation in connection with proposed Development Code Amendment 17-07 and concluded that Development Code Amendment 17- 07 is found to be exempt under §15061(b)(3) (Review for Exemption) of CEQA due to the fact that this activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment, and where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. There are no additional potential significant environmental impacts that may result from the proposed Development Code Amendment to allow for the conversion of existing commercial office buildings to residential units within 2 1 2 3 4 5. 61 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 specified areas as the potential properties in question are already developed and would require only modest construction activity for the proposed conversions. Additionally, each proposal will be subject to the approval of a Development Permit, with appropriate conditions of approval and independent CEQA determination. SECTION 4. Development Code Amendment 17-07 amending the City of San Bernardino Development Code Chapter 19.19 (Main Street Overlay District to add an Adaptive Reuse Overlay to allow for the conversion of existing commercial and office buildings to residential units within specified areas (EXHIBIT A), is hereby approved and incorporated herein by reference. SECTION 5. Notice of Exemption: The Planning Division of the Community Development Department is hereby directed to file a Notice of Exemption with the County Clerk of the County of San Bernardino within five (5) working days of final project approval certifying the City's compliance with the California Environmental Quality Act in adopting the Categorical Exemptions. SECTION 6. Severability: If any section, subsection, subdivision, sentence, or clause or phrase in this Ordinance or any part thereof is for any reason held to be 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 any part thereof. The Mayor and City Council hereby declares that it would have adopted each section irrespective of the fact that any one or more subsections, subdivisions, sentences, clauses, or phrases be declared unconstitutional, invalid, or ineffective. 3 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 ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ADOPTING THE CATEGORICAL EXEMPTION AND APPROVING DEVELOPMENT CODE AMENDMENT 17-07 TO AMEND CHAPTER 19.19 (MAIN STREET OVERLAY DISTRICT) OF THE CITY OF SAN BERNARDINO DEVELOPMENT CODE TO ADD AN ADAPTIVE REUSE OVERLAY TO ALLOW FOR THE CONVERSION OF EXISTING COMMERCIAL AND OFFICE BUILDINGS TO RESIDENTIAL UNITS WITHIN SPECIFIED AREAS I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor and City Council of the City of San Bernardino at a joint regular meeting thereof, held on the 4'h day of April 2018, by the following vote, to wit: Council Members: AYES NAYS MARQUEZ BARRIOS k VALDIVIA �( SHORETT NICKEL y RICHARD MULVIHILL l5� ABSTAIN ABSENT C. GeorgeanAlanna, CMt, City Clerk The foregoing Ordinance is hereby approved this 4`h day of April 2018. v� R. Carey Davi , Mayor City of San Bernardino Approved as to form: Gary D. Saenz, City Attorney By: VA nkL-JI�► r 4 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 EXHIBIT A DEVELOPMENT CODE AMENDMENT 5 CHAPTER 19.19B AR (ADAPTIVE REUSE OVERLAY) DISTRICT Section Page 19.19B.010 Purpose.........................................................................I1-19.19B-1 19.19B.020 Applicability...................................................................II-19.19B-1 19.19B.030 General Provisions............................................................ II -19.19B-2 19.19B.040 Development Standards...................................................... II -19.19B-3 19.19B.010 PURPOSE The purpose of the Adaptive Reuse Overlay is to allow for the repurposing of existing, underutilized commercial and office buildings within the identified overlay area(s) for residential uses. The Main Street Overlay, which is included within the Adaptive Reuse Overlay, contains many historic or architecturally significant buildings. The standards outlined in this chapter will allow for a more diverse mix of uses within the downtown area and the office districts north of the downtown area, and will aid in the preservation of these culturally significant areas, while also making strides toward meeting the City's housing needs. The office to residential conversion will integrate well with the existing residential uses abutting the Commercial Office (CO) Zone, in the area north of the Main Street Overlay. 19.19B.020 APPLICABILITY This District consists of two adjoining areas. AR -1 covers the Main Street Overlay bounded by the north property line of the parcels on the north side of 8th Street on the north, the centerline of Rialto Avenue on the south, east right-of-way of I-215 on the west, and the east property line of parcels fronting on the east side of Sierra Way on the east in all Zoning Districts within those boundary lines. AR -2 is a flag shaped overlay bounded approximately by the south side of Highland Avenue on the north, the west side of D Street on the west, east side of Waterman Avenue on the east, the north side of Baseline Street on the south from Waterman Avenue to D Street, then both sides of D Street from Baseline Street to 8a' Street, in the Commercial Office (CO) Zone within those boundary lines. 19.19B.030 GENERAL PROVISIONS 1. Only structures constructed prior to 1991 shall be adapted for residential purposes within the areas outlined in section 19.19B.020. 2. No structure shall be demolished in order to construct new residential units within the areas outlined in section 19.19B.020. 3. The project may exceed the maximum size, placement, and density of the Zoning District in which it is located, provided that all other requirements of this Chapter are met, and that no addition to an existing structure exceeds these maximums. 4. A new loading zone shall not be required if one is not already provided on the existing site. 5. A Development Permit shall be required to convert a commercial or office building to residential units. 6. This chapter applies to commercial and office developments in all Zoning Districts within ARA (Main Street Overlay), and office developments within the Commercial Office (CO) Zone within AR -2. 7. Conversion of commercial and office buildings to residential uses must meet all required life and safety standards as required by the Building Official and San Bernardino County Consolidated Fire District. 8. A structure may be modernized for aesthetic integrity where determined to be necessary, or preserved to maintain cultural and historic identity as determined by the Community Development Director. 19.19B.040 DEVELOPMENT STANDARDS The following development standards shall apply: 1. UNIT SIZE Residential units must be maintained at a minimum of 500 square feet per unit. 2. LAUNDRY FACILITIES On-site laundry facilities shall be provided. This can be accomplished by providing common laundry facilities of sufficient number and accessibility consistent with the number of living units and the Uniform Building Code, or each unit can be plumbed and wired for a washing machine and dryer. 3. OPEN SPACE Indoor or outdoor passive or active recreational open space must equal a minimum of 10% of the total square footage of the building size. The open space may be established as private space for the individual tenants, or can be incorporated as a common area or shared space. 4. PARKING A. One (1) parking space per residential unit, plus one (1) guest parking space per every five (5) units. B. Tandem parking may be used to meet the minimum parking standards. C. If a mixed use commercial/office and residential reuse is proposed, parking for the commercial or office component must be maintained at a minimum of one parking space per 1,000 square feet. 5. MINOR ADJUSTMENTS Minor adjustments from the standards contained in the City of San Bernardino Development Code shall be granted only when, because of special circumstances applicable to the property, the strict application of the Development Code deprives such property of privileges enjoyed by other property in the vicinity and under identical land use and zoning districts, as determined by the Community Development Director, and only if all provisions contained within this Chapter are met.