HomeMy WebLinkAboutMC-1181
Adopted: September 7, 2004
Effective: October 8, 2004
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ORDINANCE NO. MC-1181
AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING
CHAPTER 19.70 (TEMPORARY USE PERMITS) OF THE SAN BERNARDINO
MUNICIPAL CODE (DEVELOPMENT CODE) RELATED TO ACTIVITIES ON CITY-
OWNED PROPERTY AND CITY-SPONSORED ACTIVITIES.
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
6 DO ORDAIN AS FOLLOWS:
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SECTION I. Chapter 19.70, Section 19.70.020 of the Municipal Code (Development Code) is
amended to add Subsection 10 related to temporary uses at Arrowhead Credit Union Park as
shown in Attachment 1 and incorporated herein by reference.
SECTION 2. Severability. In the event that any provision of this Ordinance, or any part
thereof, or any application thereof to any person or circumstance, is for any reason held to be
unconstitutional or otherwise invalid or ineffective by any court of competent jurisdiction on its
face or as applied, such holding shall not affect the validity or effectiveness of any of the
remaining provisions of this Ordinance, or any part thereof, or any application thereof to any
person or circumstance or of said provision as applied to any other person or circumstance. It is
hereby declared to be the legislative intent of the City that this Ordinance would have been
adopted had such unconstitutional, invalid, or ineffective provisions not been included herein.
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MC-1181
1
AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING
2 CHAPTER 19.70 (TEMPORARY USE PERMITS) OF THE SAN BERNARDINO
MUNICIPAL CODE (DEVELOPMENT CODE) RELATED TO ACTIVITIES ON CITY-
3 OWNED PROPERTY AND CITY-SPONSORED ACTIVITIES.
4
5 I HEREBY CERTIFY that the foregoing ordinance was duly adopted by the Mayor and
6 Common Council of the City of San Bernardino at a joint regular
meeting thereof, held
7 on the 7th day of September
, 2004, by the following vote to wit:
8 Council Members: AYES NAYS
9 x
ESTRADA
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LONGVILLE x
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MC GINNIS x
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13 DERRY x
14 KELLEY x
15 JOHNSON x
16 x
MC CAMMACK
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ABSTAIN
ABSENT
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The foregoing ordinance is hereby approved this 9th
SEPTEMBER
20 2004.
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22
ITH V ALLES, Mayor
of San Bernardino
23 Approved as to form
24 and legal content:
25 JAMES F. PENMAN
26 City Attorney
Byt-l.e~
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MC-1181
ATTACHMENT 1
CHAPTER 19.70
TEMPORARY USE PERMITS
19.70.010 PURPOSE
The Temporary Use Permit allows for short-term activities which may be appropriate when
regulated.
19.70.020 PERMITTED USES
The following temporary uses may be permitted, subject to the issuance of a Temporary Use
Permit:
1. Real estate offices within approved development projects;
2. On- and off-site contractors' construction yards in conjunction with an approved
development project;
3. Trailer, coach or mobile home as a temporary residence of the property owner when a
valid residential building permit is in force. The permit may be granted for up to 180
days, or upon expiration of the building permit, whichever first occurs;
4. Christmas tree sale lots; however, a permit shall not be required when such sales are in
conjunction with an established commercial business holding a valid business registration
certificate, provided such activity shall be only held from November I through December
31, subject to Chapter 5.04 of the Municipal Code;
5. Fireworks, when the latter is in compliance with Chapter 8.60 of the Municipal Code;
6. Circuses, rodeos and carnivals, subject to compliance with Chapter 5.42 of the Municipal
Code;
7. Fairs, festivals and concerts, when not held within premises designed to accommodate
such events, such as auditoriums, stadiums, or other public assembly facilities;
8. Emergency public health and safety needs; and
9. Similar temporary uses which, in the opinion of the Director are compatible with the land
use district and surrounding land uses, pursuant to Section 19.02.070 (3) (Similar Uses
Permitted). MC 972 7/4/96
10. Temporary vehicle sales and car shows may be held at the Arrowhead Credit Union Park,
subject to an approved Temporary Use Permit. These activities are limited to twice per
calendar year per event type, per location.
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19.70.030 EXEMPTIONS
The following uses are exempt from the provisions of this chapter:
I. Temporary outdoor displays and sales, pursuant to Chapter 5.22 of the Municipal Code.
2. City-sponsored uses and activities, or activities occurring on City-owned property,
occurring at regular intervals (weekly, monthly, yearly, etc.). Other City permits (building
permits, encroachment permits, etc.) may be required. MC 888 116/94, MC 972 714/96.
19.70.040 APPLICATION
A Temporary Use Permit may be approved, modified, conditioned, or denied by the Director. The
Director may refer such application to the Commission. Decisions of the Director may be appealed
to the Commission pursuant to Chapter 19.52 (Hearings and Appeals).
19.70.050 FINDINGS
The Director may approve or conditionally approve a Temporary Use Permit application only when
all the findings contained in Section 19.36.050 (Conditional Use Permits) are made.
19.70.060 CONDITIONS OF APPROVAL
In approving an application for a Temporary Use Permit, the Director may impose conditions
deemed necessary to ensure that the permit will be in accordance with the findings required by
Section 19.36.050. These conditions may involve any pertinent factors affecting the operation of
such temporary event, or use, and may include, but are not limited to:
I. Provision for a fixed period not to exceed 90 days for a temporary use not occupying a
structure, including promotional activities, or I year for all other uses or structures, or for a
shorter period of time as determined by the Director. MC 972 7/4/96.
2. Provision for temporary parking facilities, including vehicular ingress and egress;
3. Regulation of nuisance factors such as, but not limited to, prevention of glare or direct
illumination on adjacent properties, noise, vibration, smoke, dust, dirt, odors, gases, and
heat;
4. Regulation of temporary structures and facilities, including placement, height and size,
location of equipment and open spaces, including buffer areas and other yards;
5. Provision for sanitary and medical facilities;
6. Provision for solid, hazardous and toxic waste collection and disposal;
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7. Provision for security and safety measures;
8. Regulation of signs;
9. Regulation of operating hours and days, including limitation of the duration of the
temporary use, as outlined in Condition No. I;
10. Submission of a performance bond or other surety devices, satisfactory to the City Engineer,
to ensure that any temporary facilities or structures used will be removed from the site
within a reasonable time following the event and that the property will be restored to its
former condition;
II. Submission of a site plan indicating any information required by this Chapter;
12. A requirement that the approval of the requested Temporary Use Permit is contingent upon
compliance with applicable provisions ofthe Municipal Code; and
13. Any other conditions which will ensure the operation of the proposed temporary use in an
orderly and efficient manner and in accordance with the intent and purpose of this Chapter.
19.70.070 CONDITION OF SITE FOLLOWING TEMPORARY USE
Each site occupied by a temporary use shall be left free of debris, litter, or any other evidence of the
temporary use upon completion or removal of the use, and shall thereafter be used, pursuant to the
provisions of this Development Code. MC 972 7/4/96
19.70.080 REVOCATION
A Temporary Use permit may be revoked or modified by the Director if anyone of the following
findings can be made:
I. That circumstances have changed so that I or more of the findings of fact contained in
Section 19.36.050 can no longer be made;
2. That the Temporary Use Permit was obtained by misrepresentation or fraud;
3. That I or more of the conditions of the Temporary Use Permit have not been met; and
4. That the use is in violation of any statute, ordinance, law, or regulation.
Me 972 7/4/96.
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