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II
CITY OF SAN BI!R.&RDINO - RI!QUI!ST ~R COUNCIL ACTION
Dept:
City Attorney
REC'O. - ADMIN. OFSubject:
\969 JUL It. n~ 2 46
ORDINANCE OF THE CITY OF SAN
BERNARDINO ADDING SECTION 19.56.135
TO THE SAN BERNARDINO MUNICIPAL CODE
TO PROVIDE FOR MINOR EXCEPTION
PERMITS TO THE PARKING REQUIREMENTS
From:
James F. Penman
Oats:
July 14, 1989
Synopsis of Previous Council action:
None
Recommended motion:
Recommend that Council waive further reading and layover for adoption.
(\
, J- .)
~ .!/~
() Signature
Contact person:
Dennis A. Barlow
Phone:
5255
Supporting data attached:
Ward:
FUNDING REQUIREMENTS:
Amount:
Source: (Acct. No.)
(Acct. Descriotion)
Finance:
Council Notes:
Aop.nn;\l Item No
~
~
.,j,
.
CIT~ OF SAN BI!RARDINO - RI!QUI!ST ~OR COUNCIL ACTION
STAFF REPORT
Due to recent proposals before the Council, it has become
apparent that there is a need to allow minor deviations from the
established parking standards to be granted at a staff level,
rather than bring all such situations before the full Mayor and
Common Council. The attached Ordinance would allow a ten percent
(lOt) reduction in the required standards to be granted by the
Planning Director when certain findings are made. This decision
may be appealed to the Planning Commission and finally to the
Mayor and Common Council if necessary.
If an excess of such minor exceptions are granted then this
area should be reviewed for possible ordinance amendment to the
established standards.
75-0264
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1
ORDINANCE NO.
2 ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING SECTION
19.56.135 TO THE SAN BERNARDINO MUNICIPAL CODE TO PROVIDE FOR
3 MINOR EXCEPTION PERMITS TO THE PARKING REQUIREMENTS.
4 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
DO ORDAIN AS FOLLOWS:
5
SECTION 1.
Section 19.56.135 is hereby added to the San
6
Bernardino Municipal Code to read as follows:
7
8
9
"19.56.135 MINOR EXCEPTION PERMITS
A. INTENT
It is the intent of this Section to provide for the
granting of minor exceptions to the parking
~, ~, ui4
~aq~9m9Ats-of this Chapter by the Director in those
cases where such minor exceptions are warranted by
practical difficulties, unnecessary hardships, or
results, that without the minor exception, may be
inconsistent w~.th the general intent of this Chapter.
B. SCOPE
A maximum ten percent (10%) reduction in the required
,;4,~
parking may b~ permitted by the Director upon the
issuance of a Minor Exception Permit and upon the
finding that such reduction is consistent with the
intent of this Chapter.
Whenever the Director allows a minor exception from
the parking re~i~~et forth in this Chapter, he
or she shall enter on the face of the Permit the
parking r9'1\iiremeR~ that he or she imposes and the
reasons for allowing the exception.
/ / /
DAB: br
July 14, 1989
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ORDINANCE ~DDING SECTION 19.56.135 ~THE SAN BERNARDINO
MUNICIPAL ~E TO PROVIDE FOR MINOR E~PTION PERMITS .
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C. APPLICATION
Application for a Minor Exception Permit shall be made
on forms provided by the Director and shall include
such plans as may reasonably be required by the
Director for a complete understanding of the request,
and a filling fee as established by resolution of the
Mayor and Common Council.
A person may not file and the Director shall not
accept an application which is the same or
substantially the same as an application upon which
final action has been taken by the City within twelve
(12) months prior to the date of said application,
unless accepted by a motion of the Planning Commission
or City Council.
D. ACTION BY DIRECTOR
Not later than forty (40) days after receipt of the
application, the Director shall either grant, deny, or
grant with conditions, the Minor Exception Permit.
Any conditions shall be such as to assure that the
minor exception is within the intent of this Chapter.
Non-compliance with any condition of a Minor Exception
Permit shall constitute a violation of the Zoning
Ordinance. Notice of the Director's decision shall be
sent to the Planning Commission at its next regularly
scheduled meeting.
DAB:br
July 14, 1989
2
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ORDINANCE - ADDING SECTION 19.56.135 TO THE SAN BERNARDINO
MUNICIPAL (:PE TO PROVIDE FOR MINOR E~PTION PERMITS.
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E. APPEALS
No Minor Exception Permit shall be effective until
five (5) days after issuance.
Any interested person
may appeal the Director's decision to the Planning
Commission by filing a written appeal, on forms
provided by the Director, together with an appeal fee,
if any, established by resolution of the Mayor and
Common Council, within this five (5) day period. Any
such appeal shall suspend the Minor Exception Permit
until resolution by the Planning Commission. The
decision of the Planning Commission may then be
appealed to the Mayor and Common Council in accordance
with Chapter 2.64.
F EXPIRATION
If the development permitted by a Minor Exception
permit is not initiated within one (1) year from the
date of issuance, the Minor Exception Permit shall
expire and become null and void.
The Director may
provide for a shorter time limit by condition of
approval, or may grant extensions beyond the one (1)
year period for good cause."
DAB: br
July 14, 1989
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....
ORDINANCE ~ADDING SECTION 19.56.13~TO THE SAN BERNARDINO
MUNICIPAL ~E TO PROVIDE FOR MINOR E~PTION PERMITS.
1 I HEREBY CERTIFY that the foregoing ordinance was duly
2 adopted by the Mayor and Common Council of the City of San
3 Bernardino at a meeting thereof, held on the
4 day of , 1989, by the following vote, to wit:
5 AYES: Council Members
6
7
NAYS:
8
9
ABSENT:
City Clerk
The foregoing ordinance is hereby approved this
day
of
, 1989.
W.R. HOLCOMB, Mayor
16 City of San Bernardino
17 Approved as to form
and legal content:
18
JAMES F. PENMAN,
19 City Attorney
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By:
"9
.~
::>
DAB:br
July 14, 1989
4
cIT'f OF SAN BERrSiRDINO - REQUEST iteR COUNCIL ACTION
,
From:
James F. Penman REC'O, - ,.OMllt OrSubject: ORDINANCE OF THE CITY OF SAN
." BERNARDINO ADDING SECTION 19.56.135
City Attorney 1989 JUL 14 f? 2' ,,6 TO THE SAN BERNARDINO MUNICIPAL CODE
TO PROVIDE FOR MINOR EXCEPTION
July 14, 1989 PERMITS TO THE PARKING REQUIREMENTS
Dept:
Date:
Synopsil of Previoul Council action:
None
Recommended motion:
Recommend that Council waive further reading and layover for adoption.
(\
~Jj~
() Signature
Contact penon:
Dennis A. Barlow
Phone:
5255
Supporting data attached:
Ward:
FUNDING REQUIREMENTS:
Amount:
Source: (Acct, No,)
fAcet, DescriPtion)
Finance:
Council Notes:
..... ft",:,,,
Agenda Item No
~
,CITY OF SAN .BR-QRDINO - REQUBST ~R COUNCIL ACTION
STAFF REPORT
Due to recent proposals before the Council, it has become
apparent that there is a need to allow minor deviations from the
established parking standards to be granted at a staff level,
rather than bring all such situations before the full Mayor and
Common Council. The attached Ordinance would allow a ten percent
(10\) reduction in the required standards to be granted by the
Planning Director when certain findings are made. This decision
may be appealed to the Planning Commission and finally to the
Mayor and Common Council if necessary.
If an excess of such minor exceptions are granted then this
area should be reviewed for possible ordinance amendment to the
established standards.
75-0264
10
11
12
13
14
15
16
17
18
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20
21
22
23
24
25
26
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28
-I
o
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1
ORDINANCE NO.
2 ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING SECTION
19.56.135 TO THE SAN BERNARDINO MUNICIPAL CODE TO PROVIDE FOR
3 MINOR EXCEPTION PERMITS TO THE PARKING REQUIREMENTS.
4 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
DO ORDAIN AS FOLLOWS:
5
SECTION 1.
Section 19.56.135 is hereby added to the San
6
Bernardino Municipal Code to read as follows:
7
"19.56.135 MINOR EXCEPTION PERMITS
8
A. INTENT
9
It is the intent of this Section to provide for the
granting of minor exceptions to the parking standards
of this Chapter by the Director in those cases where
such minor exceptions are warranted by practical
difficulties, unnecessary hardships, or results, that
without the minor exception, may be inconsistent with
the general intent of this Chapter.
B. SCOPE
A maximum ten percent (10%) reduction in the required
parking standard may be permitted by the Director upon
the issuance of a Minor Exception Permit and upon the
finding that such reduction is consistent with the
intent of this Chapter.
Whenever the Director allows a minor exception from
the parking standards set forth in this Chapter, he
or she shall enter on the face of the Permit the
parking standard that he or she imposes and the
reasons for allowing the exception.
DAB:br
July 21, 1989
1
ORDINANCE
- ADDING SECTION
a- NICIPAL CODE
RMITS.
19.56.135 TO THE SAN
TO PROVIDE F()MINOR
BERNARDINO
EXCEPTION
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C. APPLICATION
Application for a Minor Exception Permit shall be made
on forms provided by the Director and shall include
such plans as may reasonably be required by the
Director for a complete understanding of the request,
and a filling fee as established by resolution of the
Mayor and Common Council.
A person may not file and the Director shall not
accept an application which is the same or
substantially the same as an application upon which
final action has been taken by the City within twelve
(12) months prior to the date of said application,
unless accepted by a motion of the Planning Commission
or City Council.
D. ACTION BY DIRECTOR
Not later than forty (40) days after receipt of the
application, the Director shall either grant, deny, or
grant with conditions, the Minor Exception Permit.
Any conditions shall be such as to assure that the
minor exception is within the intent of this Chapter.
Non-compliance with any condition of a Minor Exception
Permit shall constitute a violation of the Zoning
Ordinance. Notice of the Director's decision shall be
sent to the Planning Commission at its next regularly
scheduled meeting.
DAB:br
July 21, 1989
2
ORDINANCE
- ADDING SECTION
~NICIPAL CODE
\"lRMITS.
19.56.135 TO THE SAN BERNARDINO
TO PROVIDE F~ MINOR EXCEPTION
.....,.
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E. APPEALS
No Minor Exception Permit shall be effective until
five (5) days after issuance.
Any interested person
may appeal the Director's decision to the Planning
Commission by filing a written appeal, on forms
provided by the Director, together with an appeal fee,
if any, established by resolution of the Mayor and
Common Council, within this five (5) day period. Any
such appeal shall suspend the Minor Exception Permit
until resolution by the Planning Commission. The
decision of the Planning Commission may then be
appealed to the Mayor and Common Council in accordance
with Chapter 2.64.
F EXPIRATION
If the development permitted by a Minor Exception
permit is not initiated within one (1) year from the
date of issuance, the Minor Exception Permit shall
expire and become null and void.
The Director may
provide for a shorter time limit by condition of
approval, or may grant extensions beyond the one (1)
year period for good cause."
DAB:br
July 21, 1989
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ORDINANCE - ADDING SECTION 19.56.135 TO THE SAN BERNARDINO
QNICIPAL CODE TO PROVIDE ~) MINOR EXCEPTION
" RMITS.
1 I HEREBY CERTIFY that the foregoing ordinance was duly
2 adopted by the Mayor and Common Council of the City of San
3 Bernardino at a meeting thereof, held on the
4 day of , 1989, by the following vote, to wit:
5 AYES: Council Members
6
7
NAYS:
8
ABSENT:
City Clerk
The foregoing ordinance is hereby approved this
day
of
, 1989.
W.R. HOLCOMB, Mayor
16 City of San Bernardino
17 Approved as to form
and legal content:
18
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JAMES F. PENMAN,
19 City Attorney
By: ~;1 /~
o
DAB:br
July 21, 1989
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