HomeMy WebLinkAboutMC-215
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ORDINANCE NO. MC-215
2 ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER
19.79 TO THE SAN BERNARDINO MUNICIPAL CODE PERTAINING TO SPECIFIC
3 PLANS; TO SET FORTH THE PURPOSE AND THE MEANS OF IMPLEMENTATION
OF A SPECIFIC PLAN.
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THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
5 DO ORDAIN AS FOLLOWS:
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SECTION 1. Chapter 19.79 of the San Bernardino Municipal
7 Code is added to read:
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"19.79.010 Purpose.
9 The purpose of a specific plan is to combine detailed site
10 development standards, zoning regulations, capital improvement
11 programs, and other regulatory plans into one document tailored
12 to the needs of a specific area. The primary intent of the
specific plan is to implement the general plan and its elements
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as set forth in California Government Code Section 65302. A
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specific plan can be effective on sites or within areas having
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major environmental or physical constraints. A specific plan
17 shall facilitate the processing of future residential development
18 projects by making subdivision maps exempt from further environ-
19 mental requirements under certain conditions.
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19.79.020 Authority.
21 The Planning Commission may, on its own motion or at the
22 request of one or more property owners affected thereby, or if so
23 directed by the Mayor and Common Council shall, prepare specific
24 plans based on the general plan.
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19.79.030 Area of application.
26 Specific plans may apply to properties within the City and
27 may be applied to any use or any combination of uses permitted by
28 Title 19 of this Code.
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19.79.040 Contents of the plan.
The specific plan narrative report and map shall be
prepared in accordance with detailed guidelines adopted by reso-
lution of the Mayor and Common Council in accordance with
California Government Code Sections 65450, et seq.
19.79.050 Application for approval - Fee.
A. Application for the approval of a specific plan shall
be submitted to the Commission upon forms provided, setting forth
in detail such data as is required by California Government Code
Section 65451 and such additional data as may be required by the
Commission.
B. The application shall be accompanied by a fee in the
amount established by resolution of the Mayor and Common Council
pursuant to Sections 54990, et seq., of the California Government
Code. In no event shall the fee exceed the reasonable cost of
providing the service for which the fee is charged.
C. In the event the City undertakes the work and responsi-
bility for development of a specific plan, it shall prepare a
complete cost breakdown and submit it to the Mayor and Common
Council at the time the specific plan 1S presented to the l1ayor
and Common Council for adoption. The l1ayor and Common Council
shall impose a special fee upon persons seeking approvals which
are required to be in conformity with the specific plan. The
amount of the fees shall be established so that, in the aggregate
they defray, but as estimated do not exceed, the cost of develop-
ment and adoption of the specific plan. As nearly as may be
estimated, the fee charged shall be a prorated amount in
accordance with the applicant's relative benefit derived from the
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specific plan.
19.79.060 Hearings on petition and notices thereof.
A. The Commission shall hold at least one public hearing
on matters referred to in petitions for specific plans.
B. Notice of the time and place of the hearing, including
a general description of the matter to be considered and a general
description of the property for which the specific plan is
proposed, shall be given at least ten days and no more than thirty
days prior to the hearing, by publication at least once in a news-
paper of general circulation published and circulated in the City.
19.79.070 Decision by the Commission.
The Commission may recommend a specific plan by resolution
carried by the affirmative votes of not less than a majority of
the total voting members. A copy of any specific plan or amend-
ment recommended pursuant to this chapter shall be submitted to
the Mayor and Common Council accompanied by a statement of the
Commission's reasons for such recommendation.
19.79.080 Review by the Mayor and Common Council.
A. The Mayor and Common Council, after receipt of the
resolution, report, and statement of reasons for recommendation
may by ordinance or resolution adopt the plan. Before adopting
the plan, the Mayor and Common Council shall hold at least one
public hearing. Notice of the time and place of the hearing shall
be given in the time and manner provided for the giving of notice
of the hearing by the Planning Commission by publication as
specified in section 19.79.060B.
19.79.090 Effect of specific plan.
A specific plan shall have the same effect as the City
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1 general plan. All subdivision maps shall require a finding of
2 consistency with the specific plan if located on property having
3 such an adopted plan.
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19.79.100 Environmental review.
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A. Specific plans are hereby determined to be projects as
6 defined by the California Environmental Quality Act, California
7 Government Code Sections 21000, et seq.
B. Residential projects proposed on property having an
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adopted specific plan for which an environmental impact report
(EIR) has been certified, shall not require additional environ-
mental documentation nrovided the City Environmental Review
Committee finds:
1. That the certified EIR is sufficiently detailed
in scope regarding the proposed projects; and
2. That the project is pursuant to and in conformity
with the specific plan.
C. The Environmental Review Committee may issue a notice
of exemption if the findings specified in paragraph B. are made as
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to such residential projects."
I HEREBY CERTIFY that the foregoing ordinance was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at a
regular
meeting thereof, held
on the
4th
October
, 1982, by the following
day of
24 vote, to wi t :
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AYES:
Council Members Castaneda, Reilly, Hernandez,
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Strickler
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NAYS:
None
ABSENT:
Council ,'lembers Quiel, Hobbs
~"?/Nl/1/la~1b
/ City Clerk
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The foregoing ordinance is hereby approved this ~~
day
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of
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Approved as to form:
~-1(!;
Clty Attorney
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of San
ernardino
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