http://caladu.org/ordinance/san-bernardino-county-04-25-2018.pdf
1 ORDINANCE NO. 4341
2 An ordinance of the County of San Bernardino, State of
- California, amending Table 82-4, Table 82-7, Table 82-11, Table 82-17, Table 83-15, Chapter 84.01, Table 84-5,
- Subsection 84.05.0SO(b), repealing Chapter 84.08, amending and relettering Subsections 84.12.070(b) through
5 84.12.070(q), adding Subsection 84.12.070(b), amending
6 Subsections 84.21.030(e), (f), (g), and (i), Section 84.22.020, Table 85-3, repealing Subsection 85.14.060(b), amending
- and . relettering Subsections 810.01.030(f) through 810.01.030(jj), adding Subsection 810.01.030(f), repealing
- Subsection 810.01.0SO(k) and Subsection 810.01.0&0(ww),
9 amending and relettering Subsections 810.01.060(1) through
810.01.060(vv) and Subsection 810.01.060(xx), repealing
- Subsection 810.01.00(bb), and amending and relettering Subsections 810.01.1OO(cc) through 810.01.1OO(ff), all of
- Title 8 of the San Bernardino County Code, relating to
- accessory dwelling units.
- The Board of Supervisors of the County of San Bernardino, State of California,
- ordains as follows: 15
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17 that: 18
SECTION 1. The Board of Supervisors of the County of San Bernardino finds
(a) This ordinance will revise the Development Code relating to accessory
- structures and uses. The revisions were recommended to address issues relating to
- accessory dwelling units throughout the County of San Bernardino. The ordinance
- contains modifications that address general provisions, development standards, and
- parking requirements of accessory dwelling units.
- (b) In December 2016, the California Department of Housing and Community
- Development issued the Accessory Dwelling Unit (ADU) Memorandum summarizing
- recent changes made. by Senate Bill No. 1069 (2016-2017), Assembly Bill No. 2299
- (2016-2017), and Assembly Bill No. 2406 (2016-2017) to state laws and, specifically,
- changes to Government Code section 65852.2. Senate Bill No. 229 (2017-2018) further
- amended Section 65852.2 of the Government Code. The state law for the accessory
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- dwelling units became effective on January 1, 2017, and voided any local ordinance
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- adopted prior to January 1, 2017, that was not in compliance with state law. As
- required under state law, the County has been enforcing the provisions of the state’s
4 new ADU requirements since January 1, 2017.
- (c) Properly noticed public hearings have been held before the County
- Planning Commission and the Board of Supervisors pursuant to the Planning and
- Zoning Law of the State of California and the Development Code.
- (d) This ordinance is exempt from the California Environmental Quality Act
- (CEQA), in accordance with Section 15061(b)(3) of the CEQA Guidelines, as the
- proposed changes to the Development Code do not have the potential to cause a
- significant effect on the environment. In addition, this ordinance is exempt under Public
- Resources Code section 21080.17 regarding the adoption of an ordinance to implement
- the provisions of Government Code section 65852.2.
- (e) On December 14, 2017, the Planning Commission conducted a public
- hearing on this ordinance. Following the public hearing, the Planning Commission
- voted 4 to 0 (Commissioner Rider absent) recommending that the Board of Supervisors 17 approve the proposed amendments to the County Code.
- (f) On March 20, 2018, the Board of Supervisors conducted a public hearing
- on this ordinance and approved the proposed amendments and voted in favor of
- adopting the ordinance. 21
- SECTION 2. Table 82-4 of Section 82.03.040 of the San Bernardino County
- Code is amended,to read:
- Table 82-4
Allowed Land Uses and Permit Requirements
- for Agricultural and Resource Management Land Use Z<>ning Districts
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16 RESIDENTIAL<•>
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19 RETAIL
Produce stands (200 sq. ft. or less on lots that are 10,000 sq.ft. or
A (6) A 84.03
eater
SERVICES – BUSINESS & PROFESSIONAL
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23 SERVICES –GENERAL
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PERMIT REQUIRE D BY DISTRICT LAND USE
See Division 10 (Definitions)for land use definitions
RC
AG FW OS Specific Use Regulations
3 TRANSPORTATION, COMMUNICATIONS & INFRASTRUCTURE
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8 OTHER
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KEY
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14 Notes:
- CUP required if maximum building coverage exceeds l0,000 sq. ft., the use wiJI have more than 20 employees per
15 shift, or if not exempt from CEQA;may qualify for a MUP in compliance with Section 85.06.020 (Applicability).
(2) Density of the recreational vehicles in a Recreational Vchicle Parle shall be limited to 4 per acre.
- (3) Use allowed as an accessory use only, on the same site as a residential use allowed by this table.
(4) Use allowed as an accessory use only, on the same site as an agricultural use allowed by this table. Requires a
Special Use Permit when recreational vehicles are used for seasonal operations.
- (5) Use allowed as an accessory use only with standards, on the same site as a residential use allowed by this table. A
Special Use Permit isrequired for an accessory dwelling unit used as a short-term rental in the Mountain Region.
- (6) In Phelan/Pinon Hills Community Plan area, a maximum 6 sq.ft. advertising sign shall be allowed.
- Pipelines, transmission lines, and control station uses are regulated and approved by the Public Utilities
- Commission. See alternate review procedures in Section 85.02.050 (Alternate Review Procedures).
- Supportive housing or transitional housing that is provided in single-, two-, or multi-family dwelling units, group
20 residential, parolee-probationer home, residential care facilities, or boarding house uses shall be permitted, conditionally permitted or prohibited in the same manner as the other single-, two- or multi-family dwelling units,
21 group residential, parolee-probationer home, residential care facilities, or boarding house uses under this Code.
22 SECTION 3. Table 82-7 of Section 82.04.040 of the San Bernardino County
23 Code is amended, to read:
24 Table 82-7
Allowed Land Uses and Permit Requirements for Residential Land Use Zoning Districts
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LAND USE PERMIT REQUIRED BY Specific Use
26 DISTRICT
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Regulations
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- LAND USE PERMIT REQUIRED BY Specific Use
DISTRICT
- See Division 10 (Definitions)for land use definitions RL<11 RS RM
Agricultural accessory structure – greater than 10,000 sf on 5 ac. or less MIC – –
3 Agricultural support services CUP – –
Regulations
Animal keeping s s s 84.04
- I Crop production, horticulture,orchard, vineyard, nurseries A – –
Livestock operations CUP – – 84.04
- Natural resources development (mining) CUP – – 88.03
6 :i Nature preserve (accessory uses) MIC – –
) Lake MIC CUP –
7 Pond A A MIC
INDUSTRY, MANUFACTURING & PROCESSING, WHOLESALING
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g RECREATION, EDUCATION & PUBLIC ASSEMBLY USES
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1 PERMIT REQUIRED BY I !
LAND USE DISTRICT Specific Use I
See Division 10 (Definitions)for land use definitions
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Commercial Kennels and Catteries – min Jot 2.5 acres (over 15 animals)
3 Emergency shelter Home occupation
- For projects within the Oak Glen Community Plan Area, all non-agritourism uses shall comply with the agritourism
hours of operation standard [Subsection 84.03.030(b}(3)] and the agritourism noise/amplified sound regulations [Subsection 84.03.030(b)(5)].
- Use allowed as an accessory use only with standards, on the same site as a residential use allowed by this table.
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For projects within the Oak Glen Community Plan Area, these uses shall comply with the agritourism development standards provided in Table 84-1 in Section 84.03.030. The permit requirements presented this table shall prevail over any permit requirement listed in Table 84-1.
- A boarding facility only with a Home Occupation Permit.
(5) For parcels that are 10 acres or greater, a Site Plan Permit is all that is needed.
- Use allowed as an accessory use only, on the same site as a residential use allowed by this table. A Special Use Permit is required for an accessory dwelling unit used as a short-term rental in the Mountain Region.
- Single dwellings will only be allowed within an RM Land Use Zoning District when it is part of a Planned Residential Development that has been designed to meet the goals and densities of the RM zone.
- In the Phelan/Pinon Hills Community Plan area on lots greater than l 0,000 sq. ft. with a maximum 200 sq. ft.
structure for storage and sales and a maximum 6 sq. ft. advertising sign; in RS and RM, can only operate for 72 hours per month.
- A CUP shall be required for three or more rooms.
- These uses are regulated and approved by the Public Utilities Commission. See alternate review procedures in Chapter 85.02.
- Supportive housing or transitional housing that is provided in single–, two-, or multi-family dwelling units, group residential, parolee-probationer home, residential care facilities, or boarding house uses shall be permitted,
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1 conditionally permitted or prohibited in the same manner as the other single-, two- or multi-family dwelling units, group residential,parolee-probationer home, residential care facilities,or boarding house uses under this Code.
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3 SECTION 4. Table 82-11 of Section 82.05.040 of the San Bernardino County
- Code is amended, to read:
- Table 82-11
Allowed Land Uses and Permit Requirements for Commercial Land Use Zoning Districts