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HomeMy WebLinkAbout2609ORDINANCE NO. 2609 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING ORDINANCE NO. 1984 ENTITLED IN PART, "AN ORDINANCE . . . PRESCRIBING RULES AND REGlTI.ATIONS GOVERNING TlIE PLATTING AND SUBDIVIDING OF LAND; . . . It AND PROVIDING FOR THE SUBDIVIDING OF COMMUNITY APARTMENT PROJECTS AND CONDOMINIUM PROJECTS. THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO OR~IN AS FOLLOWS: SECTION ONE: Ordinance No. 1984 is hereby amended by adding thereto SECTION SEVEN & ONE HALF to read as follows: "SECTION SEVEN & ONE HALF: COMMUNITY APARTMENT PROJECTS AND CONDOMINIUM PROJECTS. 2 3 4 5 6 7 8 9 10 11 A community apartment project as defined in Business and Professional Code Section 11004, containing five or more lots or building sites, and a condominium project as defined in Civil Code Section 1350, and Civil Code Section 783, containing five or more condominiums, are subject to the subdivision provisions of this 12 13 14 15 Ordinance. 16 17 Any person or subdivider desiring to subdivide land hereunder shall first obtain a conditional development permit pursuant to the provisions of Ordinance No. 1991, known as the "Land Use Zoning Ordinance,1t and thereafter shall comply with each and every subdivision standard of, and procedure required by, this Ordinance subject to the fOllowing Exceptions, which shall be approved, modified or rejected in each instance by the Mayor and Common Counc il : 18 19 20 21 22 23 24 1. Exceptions to the requirements and regulations relating to lot size, width, and shape may be permitted when: a. An open space or recreational area is to be provided for the use and benefit of all of the dwelling units in the project; and b. The total land area of the project divided by the total number of dwelling units provides an average building site area per dwelling unit equal to or more than that required by the regulations of the base district in which the project is located. Total land area of the project shall include the land 10 1.1 12 13 14 15 16 17 18 1 area of open spaces, private driveways, walkways and recreational areas but shall not include any land area being set aside for public street rights of way. 2 3 4 2. Exceptions to the requirements that lots abut a street 5 may be permitted when' 6 a. Adequate and permanent access from a street to 7 each family dwelling unit is provided for pedestrians and emergency vehicles; and, 8 9 b. Adequate and permanent provisions for accessible automobile storage spaces are assured for the project in an amount recommended by the Planning Commission and authorized by the Common Council. 3. Ex.ception of the maintenance of open space' As a condition of approving the subdivision of a project and granting modifications to the standards and subdivision requirements, the subdivider shall present in writing with the tentative map, the means by which the preservation and permanent maintenance of the open spaces or recreational area is to be 19 accomplished and the payment of taxes thereon assured. No 20 exceptions to the standards and subdivision requirements shall 21 be permitted unless the Common Council determines that the 22 subdivider has adequately provided for such maintenance and 23 payment of tax.es. ' 24 I HEREBY CERTIFY that the foregoing Ordinance was duly 25 adopted by the Mayor and Common Council of the City of San 26 27 28 29 30 31 32 , Bernardino at a j":l:r::'A .f,-(~ ,I held on the :? /1.- 'day of ~lf/''.-(/ d1t:,/,/.C meeting thereof , 1964, by the following vote, to wit: AYES: Councilmen (> ~( ,t1. ':/'A.. I ' ~' J. , U ;/lkJ 4t I' S c.. J 'j> .; NOE : ,It' 7>/>:/<. / I (/ 10 1.1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 /if; . .\) ~ I { ~ ~ <- ~p_ ~yor 0; t:e C~ty 0 ~an ;ernardino 1 The foregoing Ordinance ~ , / -r. j, . of ",1.l {..yL:.",'''''//'//'{/ 2 " , 3 4 5 Approved as to form: ~~--l' ~ ttorney 6 7 8 9 ~;{4dll//?;--0' /i.~' is hereby approved this r 'j {r ,,-/I, day 1964. -3-