Loading...
HomeMy WebLinkAbout1982-189RESOLUTION NO. 82-189 RESOLUTION OF THE CITY OF SAN BERNARDINO DIRECTING PLANNING COMMISSION TO STUDY AND REPORT UPON PROPOSED ZONING ORDINANCE MODIFYING REGULATIONS FOR CONDITIONAL USE PERMITS AND FOR CERTIFICATES OF OCCUPANCY; DIRECTING FIRE DEPARTMENT AND BUILDING AND SAFETY DEPARTMENT TO ASSURE BUILDING IS REASONABLY SAFE FOR OCCUPANCY; AND DIRECTING PLANNING DEPARTMENT TO PROMPTLY PROCESS APPLICATIONS FOR CONDITIONAL USE PERMIT AND CERTIFICATE OF OCCUPANCY. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. Recitals. (a) The Mayor and Common Council recognize that an urgency situation exists in the building located at 1940-44 South "E" Street, which premises are presently being occupied by New Life Fellowship Ministries, without a conditional use permit, as appears to be required by Chapter 19.78 of the San Bernardino Municipal Code, and without a certificate of occupancy, as appears to be required by Chapter 19.70 of the San Bernardino Municipal 16Code. 17 (b) That the Mayor and Common Council are satisfied that the 18 public interest requires that additional time be given to New Life 19 Fellowship Ministries within which the Ministries may meet the 20 requirements of the San Bernardino Municipal Code for a 21 conditional use permit and for an occupancy permit, and that the 22 Mayor and Common Council desire to exempt the facility at 1940- 23 1944 South "E" Street from the requirements for a conditional use 24 permit and for a certificate of occupancy, on a temporary basis, 25 if such can reasonably be done, without endangering life or 26 Ilprope r ty . 27 II (c) Government Code Section 65853 requires that any zoning 28 Ilordinance or amendment to a zoning ordinance which removes or 2 3 4 5 6 7 8 9 10 11 12 13 14 15 RESOLUTION NO. 82-189 RESOLUTION OF THE CITY OF SAN BERNARDINO DIRECTING PLANNING COMMISSION TO STUDY AND REPORT UPON PROPOSED ZONING ORDINANCE MODIFYING REGULATIONS FOR CONDITIONAL USE PERMITS AND FOR CERTIFICATES OF OCCUPANCY; DIRECTING FIRE DEPARTMENT AND BUILDING AND SAFETY DEPARTMENT TO ASSURE BUILDING IS REASONABLY SAFE FOR OCCUPANCY; AND DIRECTING PLANNING DEPARTMENT TO PROMPTLY PROCESS APPLICATIONS FOR CONDITIONAL USE PERMIT AND CERTIFICATE OF OCCUPANCY. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. Recitals. (a) The Mayor and Common Council recognize that an urgency situation exists in the building located at 1940-44 South "E" Street, which premises are presently being occupied by New Life Fellowship Ministries, without a conditional use permit, as appears to be required by Chapter 19.78 of the San Bernardino Municipal Code, and without a certificate of occupancy, as appears to be required by Chapter 19.70 of the San Bernardino Municipal 16Code. 17 (b) That the Mayor and Common Council are satisfied that the 18 public interest requires that additional time be given to New Life 19 Fellowship Ministries within which the Ministries may meet the 20 requirements of the San Bernardino Municipal Code for a 21 conditional use permit and for an occupancy permit, and that the 22 Mayor and Common Council desire to exempt the facility at 1940- 23 1944 South "E" Street from the requirements for a conditional use 24 permit and for a certificate of occupancy, on a temporary basis, 25 if such can reasonably be done, without endangering life or 26 Ilprope r ty . 27 II (c) Government Code Section 65853 requires that any zoning 28 Ilordinance or amendment to a zoning ordinance which removes or 1 modifies any regulation heretofore imposed upon certain property 2 shall be adopted only in the manner specified, which includes 3 referral to the Planning Commission and a public hearing before 4 the Planning Commission. 5 (d) The Mayor and Common Council find that the public 6 safety, health and welfare are adequately protected in this 7 instance, based upon preliminary reports from the Building and 8 Safety Department and the Fire Department, which reports were 9 requested by the Mayor and Common Council this date. 10 SECTION 2. Implementation. 11 (a) The Planning Commission of the City of San Bernardino is 12 hereby directed, pursuant to Government Code Section 65853, to 13 study and report upon a zoning ordinance proposing to grant an 14 exemption from the requirements of San Bernardino Municipal Code 15 Chapter 19.78 (Conditional Use Permits), and requirements of 16 Chapter 19.70 (Certificates of Occupancy), as to property in the 17 City of San Bernardino located at 1940-44 South "E" Street. 18 (b) Pending the report of the Planning Commission in this ]9 matter, the staff of the Fire Department and of the Building and 20 Safety Department are directed to undertake all such measures as 21 may prudently be required to assure that the occupancy of the 42 building located at 1940-44 South "E" Street, San Bernardino, is 23 rendered reasonably safe, and that all measures reasonable are 24 taken to assure that the occupants of the premises will be safe 25 from preventable harm, without interference with use of the 26 building by New Life Fellowship Ministries. In the event any 27 danger to life or property is threatened by conditions found to 28 exist upon such premises, however, the staff of the Fire -2- 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 Department is authorized to exercise such enforcement procedures as are necessary to prevent violations of the Building Code and Fire Code of the City of San Bernardino relating to such safety conditions. (c) While the Planning Commission is conducting its study in preparation for the report to the Mayor and Common Council as required above, the Planning Commission and the staff of the Planning Department are directed to promptly process the applications of New Life Fellowship Ministries for a conditional use permit and for a certificate of occupancy for the premises at 1940-44 South "E" Street. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a regular meeting thereof, held on the 3rd day of May 1982, by the following vote, to wit: AYES: Council Members Castaneda, Reilly, Hernandaz Hobbs Strickler NAYS: None ABSENT: Council Member Botts Abstain- Connr;l Mnmhar n,,;ej —lty Clerk ��l The foregoing resolution is hereby approved this .G day May , 1982. as to ty Attorney -3-