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Home My WebLink AboutMC-220 KC-220 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 ~, . ORDINANCI: NO. ~.'r'__ ')., (, _,__.;.<."::.~~...!.::::...0..::-_ JRDINANCic OF THE CITY OF SAN BERNARDINO AMENDING TITL,ES 18 AND 19 OF' ThC; SAN BElLl\JARDINO MUNICIPAL CODE TO PROVIDE A UNIFORM METHOD OF PROCESSING APPEALS TO THE ~1AYOR AND COMMON COUNCIL IN SUBDIVISION AND ZONING MATTERS, INCLUDING THE REQUIREMENTS FOR A TEN DAY NOTICE OF APPEALS TO OWNERS WITHIN FIVE HUNDRED FEET OF' THE PROPERTY AFFECTED, AND PUBLICATION OF NOTICE, AND REPEALING CHAPTER 18.64 AND SECTIONS 19.50.060, 19.68.070 AND 19.74.080 OF' THE SAN BERNARDINO MUNICIPAL, CODE. THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: SECTION 1. Section 18.20.090 of th~ Sa!! Fl~rnardino r-lunicipal Cad'e is amended to read: "18.20.090 Acceptance of tract maps. The map and application shall be considered filed when the office of the Planning Department has notified the applicimt in writing that the application is complete, or at such earlier date that the applicant demands in writing that the map and application be accepted for filing. The Planning Commission shall take action at a public hearing within fifty days after the filing of the apI~lication. II SECTION 2. Section 18.20.130 of the San Bernardino ~.lunicipal Co(',~ is amended to read: "18.20.130 Decision by the Commission - l\ppeal. The decision of the Commission shall be final unless an appeal is taken to the Mayor and Common Council under the provisions of Chapter 18.78." SECTION 3. Section 18.28.120 of the San Bernardino t1unicipal Code is amended to read: "18.28.120 Appeal. The decision of the Commission shall be final unless an appeal is taken to the Mayor and Corr~on Council under the C-220 l"C-220 . 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 provisions of Chapter 18.78." SECTION 4. Chapter 18.78 is added to the San Bernardino MUl1icipal Code to read: "Chapter 18.78 APPEALS- STAY OF PROCEEDINGS 18.78.010 Filing. Any action of the Commission or of any administrative officer pursuant to provisions of Title 18 may be appealed in writing to the Mayor and Common Council, or the Common Council may, on its own motion, cause any such decision to be appealed. Any applicant, City officer or other interested person aggrieved by or adversely affected by any such action may institute an appeal. Such appeal shall be in writing and shall be filed with the City Clerk within ten days of the date of the action appealed from. The appeal shall fully state the grounds for such appeal and the action or relief requested. The filing of an appeal stays pr:)ceedings until the determination of the appeal. 18.78.020 Planning Department action. Upon the filing of an appeal, the Planning Department shall transmit a report of the action to the City clerk. The Planning Department shall give notice of the appeal in accordance with Section 18.76.010. 18.78.030 Council action. A. The Mayor and Common Council shall hear the appeal within thirty days, unless the applicant consents to a continuance. At the time fixed for the hearing, the Mayor and Common council shall hear and consider the evidence of all concerned parties, together with the report of the Planning Department. -2- MG-220 . - 1 2 3 4 5 6 7 8 9 10 11 ]2 13 ]4 15 16 17 18 19 20 21 22 23 24 25 26 27 28 B. Upon conclusion of the hearing, the Mayor and Common Council shall, within seven days, make their decision based upon the evidence submitted to them and shall, prior thereto or coincident therewith, cause written findings of fact to be adopted. The Mayor and Common Council may affirm, reverse or modify in whole or in part, the action appealed from, or may make and substitute such other action as they deem necessary under the provisions of this title." SECTION 5. Section 19.36.130 of the San Bernardino Municipal Code is amended to read: "19.36.130 Plot plan. The building official of the City shall not issue a building permit prior to the submission and final approval of a precise plot plan by the Planning Commission in accordance with the following procedures: upon application for a building permit, a plot plan showing building locations, parking areas, lot areas, vehicular access facilities, signs and landscaped areas must be submitted to the Planning Department for its approval and determination as to compliance with the provisions of the general plan, any applicable redevelopment plan, and this title. The Planning Department may condition its approval by conditions requiring the applicant to install walls, fences and landscaping, restrict excessive signing, and require other measures to insure the compatibility of the improvement or development to the abutting land uses and area." SECTION 6. Section 19.38.150 of the San Bernardino Municipal Code is amended to read: -3- Me-22o 1 "19.38.150 Plot plan. 2 The building official of the City shall not issue a building 3 permit prior to the submission and final approval of a precise 4 plot plan by the Planning Commission in accordance with the 5 following procedure: Upon application for a building permit, a 6 plot plan showing building locations, parking areas, lot areas, 7 vehicular access facilities, signs and landscaped areas must be 8 submitted to the Planning Department for its approval and 9 determination as to compliance with the provisions of this title." 10 SECTION 7. Section 19.50.050 of the San Bernardino Municipal 11 Code is amended to read: 12 "19.50.050 Findings and decisions. 13 Within forty days after the conclusion of the hearing, the 14 Corrunission shall make findings and render a decision in writing. 15 A written report of the findings and decision of the Commission 16 shall be filed with the Mayor and Common Council and mailed to the 17 applicant at the address shown on the application. Failure to 18 report a decision to the Council within forty days shall be deemed 19 to constitute a denial. The decision of the Commission shall be 20 final unless an appeal is taken to the Mayor and Common Council 21 under the provisions of Chapter 19.81." 22 SECTION 8. Section 19.56.360 of the San Bernardino Municipal 23 Code is amended to read: 24 "19.56.360 Decision final unless appealed. 25 The decision of the Parking Place Commission shall be final 26 unless an appeal is taken to the Mayor and Common Council under 27 the provisions of Chapter 19.81." 28 SECTION 9. Section 19.68.130 is added to the San Bernardino -4- Me-220' 1 Municipal Code to read: 2 "19.68.130 Decision - Appeal. 3 The decision of the Commission shall be final unless an 4 appeal is taken to the Mayor and Common Council under the 5 provisions of Chapter 19.81." 6 SECTION 10. Section 19.74.140 is added to the San Bernardino 7 Municipal Code to read: 8 "19.74.140 Decision - Appeal. 9 The decision of the Commission shall be final unless an 10 appeal is taken to the Mayor and Common Council under the 11 provisions of Chapter 19.81." 12 SECTION 11. Chapter 19.81 is added to the San Bernardino 13 Municipal Code to read: 14 "Chapter 19.81 15 APPEAL- STAY OF PROCEEDINGS 16 19.81.010 Filing. 17 Any action pursuant to the provisions of Title 19 of the 18 Planning Commission or the Parking Place Commission. or of any 19 administrative officer for which appeal procedures are not 20 otherwise provided. may be appealed in writing to the Mayor and 21 Common Council, or the Common Council may, on its own motion, 22 cause any such decision to be appealed. Any applicant, City 23 officer or other interested person aggrieved by or adversely 24 affected by any such action may institute an appeal. Such appeal 25 shall be in writing and shall be filed with the City Clerk within 26 ten days of the date of the action appealed from. The appeal 27 shall fully state the grounds for such appeal and the action or 28 relief requested. The filing of an appeal stays proceedings until -5- Me-220 1 the determination of the appeal. 2 19.81.020 Department action. 3 Upon the filing of an appeal, the Planning Department or City 4 Administrator shall tr.ansmit a r.eport of the action to the City 5 Clerk. The Planning Department or City Administrator shall give 6 notice of the appeal in accordance with the notice procedures 7 utilized for the original agency hearing in the matter. 8 19.81.030 Council action. 9 A. The Mayor and Common Council shall hear the appeal within 10 thirty days, unless the applicant consents to a continuance. At 11 the time fixed for the hearing, the Mayor and Common Council shall 12 hear and consider the evidence of all concerned parties, together 13 with the report of the Planning Department or City Administrator. 14 B. Upon conclusion of the hearing, the Mayor and Common 15 Council shall, wi thin seven days, make their decision based upon 16 the evidence submitted to them and shall, prior thereto or 17 coincident therewith, cause written findings of fact to be 18 adopted. The Mayor and Common Council may affirm, reverse or 19 modify in whole or in part, the action appealed from, or may make 20 and substitute such other action as they deem necessary under the 21 provisions of this title." 22 SECTION 12. Chapter 18.64 and Sections 19.50.060, 19.68.070, 23 and 19.74.080 of the San Bernardino Municipal Code are hereby 24 repealed. 25 I HEREBY CERTIFY that the foregoing ordinance was duly 26 adopted by the Mayor and Common Council of the City of San 27 Bernardino at a requ1ar meeting thereof, held on 28 the J..st day of November ,1982, by the following vote, -6- MC::-220 . 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 ." to wit: ? AYES: Counci 1 i'-lembers _,_~,_C~.~~_:taneda, Rei 11 v I :-Iernandez I Qllie 1, HobJ::.~L_S tr ickIer The foregoing ordinance is hereby approved this ~.. 1'../ _.__' 1982. NAYS: None ABSENT: ;.Tone of Approved as to form: ~~~J~ City A torney ",hl,;/YV",&&tfb' . City Clerk ..,,AI L) -- day //~ City ~ San Bernardino -7-