HomeMy WebLinkAboutMC-1329(U)
Adopted: July 19. 2010
Effective: July 19. 2010
I I ORDINANCE NO. KC-1329
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AN URGENCY ORDINANCE OF THE CITY OF SAN BERNARDIN
AMENDING SECTIONS 19.36.070 AND 19.44.070 OF THE SAN BERNARDIN
MUNICIPAL CODE (DEVELOPMENT CODE) TO GRANT A ONE TIME
AUTOMATIC TWO YEAR EXTENSION OF TIME FOR PREVIOUSLY APPROVE
CONDITIONAL USE PERMITS AND DEVELOPMENT PERMITS, DECLARING TH
URGENCY THEREOF AND TAKING EFFECT IMMEDIATELY.
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THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO DO ORDAIN AS FOLLOWS:
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WHEREAS, Senate Bill (SB) 1185 of 2008 added as an urgency statute, Sectio
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66452.21 to the California Government Code (Subdivision Map Act) to automatically extend b
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12 months the expiration dates of approved tentative subdivision maps or parcel maps; and
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WHEREAS, Assembly Bill (AB) 333 of 2009 added as an urgency statute, Sectio
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66452.22 to the California Government Code (Subdivision Map Act) to automatically extend b
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24 months the expiration dates of approved tentative subdivision maps or parcel maps; and
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WHEREAS, these automatic extensions of time on tentative subdivision map and parce
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map approvals do not apply to associated land use entitlements or development permits; and
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WHEREAS, on June 24, 2010, the Ways and Means Committee considered variou
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economic development stimulus options and recommended that the Mayor and Common Counci
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grant a one time, automatic two year extension of time for previously approved developmen
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applications.
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WHEREAS, the Mayor and Common Council find that adoption of this Urgenc
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Ordinance is necessary to provide an immediate economic stimulus due to prevailing advers
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economic conditions in the construction industry and for the immediate preservation of th
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public peace, health, or safety pursuant to San Bernardino Charter Sections 31 and 121.
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MC-1329
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NOW THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE CIT
OF SAN BERNARDINO DO ORDAIN AS FOLLOWS:
Section 1. Chapter 19.36 of the San Bernardino Municipal Code (Development Code)
Conditional Use Permits, Section 19.36.070, Conditional Use Permit Expiration is hereb
amended to add the following:
"Any previously approved Conditional Use Permit that had not expired as of January I, 201
shall be extended for two years. This automatic extension of time is a one time extension and i
in addition to the time granted under the initial approval of the Conditional Use Permit or an
subsequent approval of an extension of time. This automatic extension oftime shall not reinstat
nor extend any person's right to an administrative appeal and shall not reinstate nor extend an
claims or litigation statute of limitations. By acceptance of this grant of an automatic extensio
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of time, the applicant(s) hereby waives any challenges to the conditions, fees, and requirement
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of the Conditional Use Permit."
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Section 2: Chapter 19.44 of the San Bernardino Municipal Code (Development Code)
Development Permits, Section 19.44.070, Development Permit Expiration is hereby amended t
add the following:
"Any previously approved Development Permit 2 or 3 that had not expired as of January I, 201
shall be extended for two years. This automatic extension of time is a one time extension and i
in addition to the time granted under the initial approval of the Development Permit 2/3 or an
subsequent approval of an extension of time. This automatic extension of time shall not reinstat
nor extend any person's right to an administrative appeal and shall not reinstate nor extend an
claims or litigation statute of limitations. By acceptance of this grant of an automatic extensio
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MC-1329
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of time, the applicant(s) hereby waives any challenges to the conditions, fees, and requirement
of the Development Permit."
Section 3: This Ordinance shall take effect immediately upon adoption by the Mayor an
Common Council.
Section 4: Compliance with the California Environmental Quality Act. The Mayor an
Common Council finds that this ordinance is not subject to the California Environmental Qualit
Act (CEQA) pursuant to Section l5060(c)(3) of the CEQA Guidelines, California Code 0
Regulations, Title 14, Chapter 3, because this action will not result in a direct or reasonabl
foreseeable indirect physical change in the environment. All projects that will receive a
automatic extension of time have previously been reviewed pursuant to CEQA.
Section 5: Severability. If any section, subsection, subdivision, sentence, clause 0
phrase in this ordinance or any part thereof is for any reason held to be unconstitutional, invali
or ineffective by any court of competent jurisdiction, such decision shall not affect the validity 0
effectiveness of the remaining portions of this ordinance or any part thereof. The Mayor an
Common Council hereby declares that it would have adopted each section irrespective ofthe fac
that anyone or more subsections, subdivisions, sentences, clauses, or phrases be declare
unconstitutional, invalid, or ineffective.
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MC-1329
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AN URGENCY ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING
SECTIONS 19.36.070 AND 19.44.070 OF THE SAN BERNARDINO MUNICIPAL CODE
(DEVELOPMENT CODE) TO GRANT A ONE TIME, AUTOMATIC TWO YEAR
EXTENSION OF TIME FOR PREVIOUSLY APPROVED CONDITIONAL USE
PERMITS AND DEVELOPMENT PERMITS DECLARING THE URGENCY
THEREOF AND TAKING EFFECT IMMEDIATELY.
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I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor and
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Council ofthe City of San Bernardino at a i oint regular meeting thereof, held on the
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19th
day of
July
,2010, by the following vote, to wit:
9 Council Members:
10 MARQUEZ
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DESJARDINS
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BRINKER
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14 SHORETT
15 KELLEY
16 JOHNSON
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MC CAMMACK
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AYES
NAYS
ABSTAIN
ABSENT
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(2~ h.~
'-- City Clerk
21 The foregoing Ordinance is hereby approved this J()-:ti..dayof
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July
,2010.
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Approved as to form:
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26 JAMES F. PENMAN
City Attorney
: BYt---1" p~
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