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CI~ OF SAN BERNARD~ - REQUM FOR COUNCIL AC~N
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From:
Ralph H. Prince
Et'\). - "OM'''' en. Subject:
P. r")
\j~l \t~ 1 . C 1',1\ S .:....
Interim Hold on General Plan
l\mendments
Dep!:
City Attorney
Date: May 6, 1987
SVnopsis of Previous Council action:
4/6/87
The Mayor and Common Council adopted Ordinance No.
MC-588 imposing in certain defined areas an interim
hold on approval of general plan amendments,
residential zone changes and other residential actions
defined as discretionary, and declaring the urgency
thereof.
'Recommended motion:
Adopt urgency ordinance.
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Signature
Contact parson:
ryn+-hi~ ~r~rp
Phona:
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Supporting data attached:
Yes
Ward:
N/A
FUNDING REQUIREMENTS:
Amount:
None
Source: (ACCT. NO.)
(ACCT. DESCRIPTION)
Finance:
Council Notes:
Agenda Item No. "t. 9
CI~~ OF SAN BERNARD~O - REQUiBT FOR COUNCIL AC'1iON
STAFF REPORT
The City Attorney's office recommends that the Mayor
and Common Council re-enact the "interim hold" ordinance
for another 45 days in case OPR has not taken action on
the City's application for time extension by May 22, 1987.
75-0264
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ORDINANCE NO.
ORDINANCE OF THE CITY OF SAN BERNARDINO REENACTING IN
CERTAIN DEFINED AREAS AN INTERIM HOLD ON APPROVAL OF GENERAL
PLAN AMENDMENTS, RESIDENTIAL ZONE CHANGES AND OTHER RESIDENTIAL
ACTIONS DEFINED AS DISCRETIONARY, AND DECLARING THE URGENCY
THEREOF.
THE MAYOR AND COrU~ON COUNCIL OF THE CITY OF SAN BERNARDINO
DO ORDAIN AS FOLLOWS:
SECTION 1. Findings. This ordinance is adopted by the
r'a~tor and Common Council because the Council finds that there is
a current a~d immediate threat to the public health, safety, or
v'elfare, and that the approval of additional subdivisions, use
permits, or any other applicable entitlement for use which is
required to comply with any amendments to the General Plan,
r;:>ecific plans or zone changes would constitute a threat to the
preservation of public health, safety and welfare.
SECTION 2. Limitations on Development Approval.
A. During the period of this ordinance, the City shall not
accept, process or approve a General Plan amendment, specific
plan, residential zone change, residential conditional use
permit, planned residential development, tentative residential
subdivision map, residential parcel map, or any other type of
uiscretionary planning approval relating to residential
development by the Planning Commission or Common Council in the
area described i~ section 3 hereof.
B. During the period of this ordinance, all departments are
directee to not accept, process or review any planning
applications relating to residential development which require
discretionary action by the Planning Commission or Common council
in the area described in Section 3 hereof.
5/6/87
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C. This ordinance shall not apply to variances or to
projects or activities defined as ministerial, including
Development Review Committee approvals, nor infill housing, as
defined in San Bernardino Municipal Code Section 3.18.030.
SECTION 3. Geoqraphic Scope. The limitations on
development approvals described in Section 2 shall apply to those
areas of the City lying north and east of a line described as
follows: commencing at the point where the center line of
Interstate Highway 215 intersects the northernmost limit of the
City of San Bernardino, thence southerly along the center line of
Highway 1-215 to the center line of Palm Avenue; thence easterly
along the center line of Palm Avenue to the center line of
Kendall nrive; thence southeasterly along the center line of
Kendall Drive to the center line of University Parkway; thence
southerly along the center line of University Parkway to the
northbound off-ramp of 1-215; thence southeast and northeast
along the ridgeline of Little Mountain to Kendall Drive;
thence northwest along the center line of Kendall Drive to 40th
Street; thence easterly along the center line of 40th Street to
the center line of Waterman Avenue; thence southerly along the
center line of Waterman Avenue to the center line of parkdale
Drive; thence easterly along the center line cf parkdale Drive,
extended to the center line of Harrison Street; thence southerly
along the center line of Harrison street to the city limit
boundary line between 34th and 35th Streets; thence easterly
along the city limit boundary line, extended, to the city limit
boundary line situated immediately westerly of Ferndale Street;
thence southerly on said city limit boundary line to the center
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line of Eureka Street; thence easterly along the center line of
~ureka Street to the center line of Del Rosa Avenue; thence
southerly along the center line of Del Rosa Avenue to the center
line of Citrus Street; thence easterly along the center line of
Citrus Street to the Atchison, Topeka and Santa Fe Railroad right-
of-way; thence southeasterly along the Atchison, Topeka and ~anta
Fe Railroad right-of-way to the center line of Highland Avenue;
thence easterly along the center line of Highland Avenue to the
center line of Boulder Avenue; thence easterly along the southerly
Doundary of the Alquist-Priolo special studies zone for the San
Andreas Fault, to the easterly city li@it of San Bernardino.
SECTION 4. Duration. This ordinance shall be of no further
force and effect forty-five days from the date of adoption.
SECTION 5. CEQA. The passage of this ordinance is not a
project nor will it have a significant impact on the environment.
SECTION 6. Severability. If any section, subsection,
sentence, clause or phrase of this ordinance is for any reason
held to be invalid or unconstitutional by the decision of a court
of competent jurisdiction, such decision shall not affect the
validity of the remaining portions of the ordinance. The Mayor
and Common council of the City of San Bernardino hereby declare
that they would have passed this ordinance, and such section,
subsection, clause, sentence or ~lraBe thereof, irrespective of
the fact that anyone or more other sections, subsections,
clauses, sentences or phrases may be declared invalid or
unconstitutional.
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5/6/87
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2' for the immediate preservation of the public peace, health or
SECTION 7. urgency. This ordinance is an urgency measure
3 safety. This ordinance shall go into effect immediately upon its
4 adoption and approval. The facts constituting the urgency are
5 set forth in Section 1.
6 I HEREBY CERTIFY that the foregoing ordinance was Guly
7 adopted by the Mayor and Common Council of the City of San
meeting thereof, held on the
Bernardino at a
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, 1987, by the following vote,
day of
10 to wit:
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of
Council
AYES:
NAYS:
ABSENT:
City ClerJ."
The foregoing ordinance is hereby approved this
day
, 1987.
Mayor of the City of San Bernardino
Approved as to form:
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