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HomeMy WebLinkAboutMC-058U II:, " . . ,. ~ :, .- '. ORDINANCE NO. ttC- 5 8 2 ORDINANCE OF THE CITY OF SAN BERNARDINO ESTABLISHING A 120 DAY MORATORIUM UPON DEVELOPMENT, CONSTRUCTION OR OCCUPANCY IN THE 3 "CLEAR ZONE" AT EACH END OF THE RUNWAY AT NORTON AIR FORCE BASE, AND DECLARING ITS URGENCY. 4 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO 5 DO ORDAIN AS FOLLOWS: 6 SECTION 1. Findings. The following findings are made: 7 (a) The United States Air Force has prepared and published 8 a document entitled "Air Installation Compatible Use Zone Study - 9 Norton Air Force Base, California, December 1976" (AICUZ Study), 10 a copy of which is on file in the office of the Planning Director 11 of the City of San Bernardino. The AICUZ Study contains recom- 12 mendations for minimizing exposure to crash hazards and high 13 noise levels generated by fliq1:1ts and o:?erat_ions 3.-t ~;c,rtCln .Air 14 Force Base. The report recommends restrictions on development 15 in the area surrounding Norton Air Force Base. 16 (b) Norton Air Force Base and portions of the surrounding 17 area are located within the City of San Bernardino. 18 (c) Among the recommendations of the AICUZ Study arc 19 severe limitations on development in the "clear zone" at each end 20 of the Norton Air Force Base runway. 21 (d) The Mayor and Common Council of the City of San 22 Bernardino have directed that such measures as are necessary or 23 desirable to implement the AICUZ Study be prepared, processed and 24 presented for their consideration. 25 (e) Construction, development or occupancy may occur In 26 the "clear zone" before the Mayor and Common Council have tho 27 opportunity to enact the implementing measures. Such construction, 28 develo[)ment or occupancy may conflict ~Ji th the implementing Me-58 28 ~- - ii.' . " .r . . 2 t I measures. , (f) I , 'consideration of appropriate measures, and to protect the public adopt an I In order to preserve the status quo pending the 3 4 safety, health and welfare, it is considered necessary to 5 urgency measure to prevent development of property for a reasonabl 6 time as an interim measure. 7 SECTION 2. The clear zone consists of Clear Zone Defined. 8 two areas described In the AICUZ Study. Each area is a square 9 three thousand feet on each side having two of its sides parallel 10 with and one thousand five hundred feet from either side of an II extension of the center line of a runway running three thousand 12 feet from the end of the runway. 13 SECTION 3. Developmen:t H~)rat?El:.~~. So long as this 14 ordinance is in effect, including any period of extension, no 15 application for a building permit, grading permit subdivision 16 map, parcel map, certificate of occupancy or other authorization 17 for construction upon or development, subdivision or occupancy 18 of any property located within the clear zone shall be accepted, 19 and no such permit or authorization shall be issued. 20 SECTION 4. Expiration of Ordinance. This ordinance shall 21 expire and be of no further effect on the 121st day after the date 22 of its adoption unless it is continued in effect by appropriate 23 action of the Mayor and Common Council. 24 SECTION 5. Home Rule Powers. This ordinance is adopted 25 pursuant to the home rule charter powers of the City of San 26 Bernardino, granted by the Constitution of the State of California 27 It is adopted pursuant to the limitations set forth in Sections 31 and 121 of the Charter of the City of San Bernardino. -2- MC.:;58 . '!I' o . '. . .~ t' . . , SECTION 6. Urgency. This ordinance is an urgency measure 2 for the immediate preservation of the public peace, health or 3 safety. Provided that it is adopted by a 5j7ths vote of the 4 Council, this ordinance shall go into effect immediately upon its 5 adoption and approval. The facts constituting the urgency are 6 set forth in Section 1. 7 I HEREBY CERTIFY that the foregoing ordinance was duly 8 adopted by the Mayor and Common Council of the City of San 9 Bl'rnardino at a regular meeting thereof, held , 1981, by the follow- 10 18th day of M~ on the ]1 ing vote, to wit: ]2 AYES: Councilmen__~heele!L Hernandez~!wi~udson, 13 Hobbs, Strickler 14 NAYS: councilman Castaneda 15 ABSENT: None 16 ,~mV .a4b' . City Clerk The foregoing ordinance is hereby approved this~~~~ay 17 18 19 /?77 , 1981. of 20 21 22 23 Approved as to form: 24 ~u~ City At orney---- 25 26 27 28 -3- ~ ~ernardino