HomeMy WebLinkAbout22- Ordinance 1 ORDINANCE NO.
2 AN ORDINANCE OF THE CITY OF SAN BERNARDINO TO AMEND SECTIONS
19. 36. 070 AND 19 . 44 . 070 OF THE SAN BERNARDINO MUNICIPAL CODE
3 (DEVELOPMENT CODE) TO EXTEND THE INITIAL TERM OF CONDITIONAL USE
PERMITS AND DEVELOPMENT PERMITS FROM ONE YEAR TO TWO YEARS.
' 4 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO
5 ORDAIN AS FOLLOWS:
6 SECTION 1. Chapter 19. 36 CONDITIONAL USE PERMITS [see
7 Attachment A, Page IV-9, of the Development Code, attached hereto
8 and incorporated herein by reference] :
9 A. Amend Section 19 . 36. 070 CONDITIONAL USE PERMIT EXPIRATION
10 to read as follows:
11 "Within 2 years of Conditional Use Permit approval,
12 commencement of construction or use shall have occurred or the
13 permit shall become null and void. In addition, if after
14 commencement of construction, work is discontinued for a period of
15 one year, then the Conditional Use Permit shall become null and
16 void. Projects may be built in phases if preapproved by the review
17 authority. If a project is built in preapproved phases, each
18 subsequent phase shall have 1 year from the previous phase's date
19 of construction commencement to the next phase's date of
20 construction commencement to have occurred, or the Conditional Use
21 Permit shall become null and void. "
22 SECTION 2 . Chapter 19 .44 DEVELOPMENT PERMITS [see Attachment
23 B, Page IV-21, of the Development Code, attached hereto and
24 incorporated herein by reference] :
25 A. Amend Section 19.44 . 070 DEVELOPMENT PERMIT EXPIRATION to
26 read as follows:
27 "Within 2 years of Development Permit approval, commencement
28
1
1 of construction or use shall have occurred or the permit shall
2 become null and void. In addition, if after commencement of
3 construction, work is discontinued for a period of one year, then
4 the Development Permit shall become null and void. Projects may be
5 built in phases if preapproved by the review authority. If a
6 project is built in preapproved phases, each subsequent phase shall
7 have 1 year from the previous phase's date of construction
8 commencement to the next phase's date of construction commencement
9 to have occurred, or the Development Permit shall become null and
10 void. "
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2
Oak&
1
ORDINANCE. . .TO AMEND SECTIONS 19 . 36. 070 AND 19 . 44 . 070 OF THE SAN
BERNARDINO MUNICIPAL CODE (DEVELOPMENT CODE) TO EXTEND THE INITIAL
2 TERM OF CONDITIONAL USE PERMITS AND DEVELOPMENT PERMITS FROM ONE
YEAR TO TWO YEARS.
3
4 I HEREBY CERTIFY that the foregoing ordinance was duly
5 adopted by the Mayor and Common Council of the City of San
6 Bernardino at a meeting thereof, held on the
7 day of , 1993 , by the following vote, to wit:
8 Council Members: AYES NAYS ABSTAIN ABSENT
9 NEGRETE
10 CURLIN
11 HERNANDEZ
12 OBERHELMAN
13 DEVLIN
14 POPE-LUDLAM
15 MILLER
16
17 City Clerk
18 The foregoing ordinance is hereby approved this day
19 of , 1993 .
20
21 Tom Minor, Mayor
22 Approved as to City of San Bernardino
23 form and legal content:
24 JAMES F. PENMAN,
City Attorney
25 By: 1
26
27
28
3
CONDT )NAL USE PERMITS-1936
19.36.070 CONDITIONAL USE PERMIT EXPIRATION
Within 2 years of Conditional Use Permit approval, commencement of
construction or use shall have occured or the permit shall become
null and void. In addition, if after commencement of construction,
work is discontinued for a period of one year, then the Conditional
Use Permit shall become null and void. Projects may be built in
phases if preapproved by the review authority. If a project is
built in preapproved phases, each subsequent phase shall have 1
year from the previous phase's date of construction commencement to
the next phase's date of construction commencement to have
occurred, or the Conditional Use Permit shall become null and void.
19.36.080 MODIFICATION OF CONDITIONAL USE PERMIT
.An approved Conditional Use may be modified, in a manner pursuant to Chapter 19.32
(Applications and Fees). Minor modifications to an approved Conditiionl Use may be
approved by the Director,pursuant to Section 19.60 (Minor Modifications).
19.36.90 TIME EXTENSION
The Commission may, upon an application being filed 30 days prior to expiration and
for good cause, grant a time extension not to exceed 12 months. Upon granting of an ex-
tension, the Commission shall ensure that the Conditional Use Permit complies with all
current Development Code provisions.
19.36.100 REVOCATION
The Commission may hold a hearing to revoke or modify a Conditional Use Permit
granted pursuant to the provisions of this Chapter. Ten days prior to the hearing,
notice shall be delivered in writing to the applicant and/or owner of the property for
which such Conditional Use Permit was granted. Notice shall be deemed delivered 2
days after being mailed, first class postage paid, to the owner as shown on the current
tax rolls of the County of San Bernardino, and/or the project applicant.
A Conditional Use Permit may be revoked or modified by the Commission if any 1 of
the following findings can be made:
1. That circumstances have changed so that 1 or more of the findings contained
in Section 19.46.050 can no longer be made;
2. That the Conditional Use Permit was obtained by misrepresentation or fraud;
3. That the use for which the Conditional Use Permit was granted had ceased
or was suspended for 6 or more consecutive calendar months;
4. That 1 or more of the conditions of the Conditional Use Permit have not been
met;
ATTACHMENT A
TVA _
DT TOPMENT PERMITS-19.44
6. There are no significant harmful effects upon the environmental quality
and natural resources;
7. The negative impacts of the proposed use shall be mitigated;
8. The proposed use is consistent with the General Plan; and
!
9. The proposed location, size, design, and operating characteristics of the
requested use are not detrimental to the public interest, health, safety, con-
venience, or welfare of the City.
19.44.070 DEVELOPMENT PERMIT EXPIRATION
! Within 2 years of Development Permit approval, commencement of
construction or use shall have occurred or the permit shall become
null and void. In addition, if after commencement of construction,
work is discontinued for a period of one year, then the Development
Permit shall become null and void. Projects may be built in phases
if preapproved by the review authority. If a project is built in
preapproved phases, each subsequent phase shall have 1 year from
the previous phase's date of construction commencement to the next
phase's date of construction commencement to have occured, or the
Development Permit shall become null and void.
19.44.080 USE OF PROPERTY BEFORE FINAL DECISION
No permit shall be issued for any use involved in an application for approval of a
Development Permit until, and unless, the same shall have become final,pursuant to
Section 19.52.080 (Effective Date).
19.44.090 MODIFICATION OF DEVELOPMENT PERMIT
An approved development may be modified, in a manner pursuant to Chapter 19.32
(Applications and Fees). Minor modifications to an approved development may be ap-
proved by the Director, pursuant to Section 19.60 (Minor Modifications).
19.44.100 TIME EXTENSION
The review authority may, upon an application being filed 30 days prior to expiration
and for good cause, grant a time extension not to exceed 12 months. Upon granting the
extension, the review authority shall ensure that the Development Permit complies with
all current Development Code provisions.
ATTACHMENT 6
TV-21 r.roi