San Bernardino City ADU / Granny Flat Ordinance

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

  1. California, amending Table 82-4, Table 82-7, Table 82-11, Table 82-17, Table 83-15, Chapter 84.01, Table 84-5,
  2. 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

  1. and . relettering Subsections 810.01.030(f) through 810.01.030(jj), adding Subsection 810.01.030(f), repealing
  2. 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

  1. Subsection 810.01.00(bb), and amending and relettering Subsections 810.01.1OO(cc) through 810.01.1OO(ff), all of
  2. Title 8 of the San Bernardino County Code, relating to
  3. accessory dwelling units.
  4. The Board of Supervisors of the County of San Bernardino, State of California,
  5. ordains as follows: 15

16

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

  1. structures and uses. The revisions were recommended to address issues relating to
  2. accessory dwelling units throughout the County of San Bernardino. The ordinance
  3. contains modifications that address general provisions, development standards, and
  1. parking requirements of accessory dwelling units.
  2. (b) In December 2016, the California Department of Housing and Community
  1. Development issued the Accessory Dwelling Unit (ADU) Memorandum summarizing
  2. recent changes made. by Senate Bill No. 1069 (2016-2017), Assembly Bill No. 2299
  3. (2016-2017), and Assembly Bill No. 2406 (2016-2017) to state laws and, specifically,
  4. changes to Government Code section 65852.2. Senate Bill No. 229 (2017-2018) further
  5. 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
  1. adopted prior to January 1, 2017, that was not in compliance with state law. As
  2. required under state law, the County has been enforcing the provisions of the state’s

4 new ADU requirements since January 1, 2017.

  1. (c) Properly noticed public hearings have been held before the County
  2. Planning Commission and the Board of Supervisors pursuant to the Planning and
  3. Zoning Law of the State of California and the Development Code.
  4. (d) This ordinance is exempt from the California Environmental Quality Act
  5. (CEQA), in accordance with Section 15061(b)(3) of the CEQA Guidelines, as the
  6. proposed changes to the Development Code do not have the potential to cause a
  7. significant effect on the environment. In addition, this ordinance is exempt under Public
  8. Resources Code section 21080.17 regarding the adoption of an ordinance to implement
  9. the provisions of Government Code section 65852.2.
  10. (e) On December 14, 2017, the Planning Commission conducted a public
  11. hearing on this ordinance. Following the public hearing, the Planning Commission
  12. voted 4 to 0 (Commissioner Rider absent) recommending that the Board of Supervisors 17 approve the proposed amendments to the County Code.
  1. (f) On March 20, 2018, the Board of Supervisors conducted a public hearing
  2. on this ordinance and approved the proposed amendments and voted in favor of
  3. adopting the ordinance. 21
  1. SECTION 2. Table 82-4 of Section 82.03.040 of the San Bernardino County
  2. Code is amended,to read:
  3. Table 82-4

Allowed Land Uses and Permit Requirements

  1. for Agricultural and Resource Management Land Use Z<>ning Districts

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g

10

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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

21

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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

4

5

6

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8 OTHER

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10

KEY

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14 Notes:

  1. 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.

  1. (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.

  1. (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.

  1. (6) In Phelan/Pinon Hills Community Plan area, a maximum 6 sq.ft. advertising sign shall be allowed.
  1. Pipelines, transmission lines, and control station uses are regulated and approved by the Public Utilities
  1. Commission. See alternate review procedures in Section 85.02.050 (Alternate Review Procedures).
  1. 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

25

LAND USE PERMIT REQUIRED BY Specific Use

26 DISTRICT

27

28

Regulations

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  1. LAND USE PERMIT REQUIRED BY Specific Use

DISTRICT

  1. 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

  1. I Crop production, horticulture,orchard, vineyard, nurseries A

Livestock operations CUP 84.04

  1. 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

8

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

2

Commercial Kennels and Catteries min Jot 2.5 acres (over 15 animals)

3 Emergency shelter Home occupation

 

  1. 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)].

  1. Use allowed as an accessory use only with standards, on the same site as a residential use allowed by this table.
  2. 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.

  3. 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.

  1. 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.
  2. 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.
  1. 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.

  1. A CUP shall be required for three or more rooms.
  2. These uses are regulated and approved by the Public Utilities Commission. See alternate review procedures in Chapter 85.02.
  3. 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.

2

3 SECTION 4. Table 82-11 of Section 82.05.040 of the San Bernardino County

  1. Code is amended, to read:
  2. Table 82-11

Allowed Land Uses and Permit Requirements for Commercial Land Use Zoning Districts