HomeMy WebLinkAbout49- Planning & Building Services CITY OF SAN BERNk 2DINO REQUEST F�.- A COUNCIL ACTION
From: Al Boughey, Director Subject: Development Code Amendment No. 93-07
addendum to extend the initial term*
Dept: Planning & Building Services of Conditional Use Permits and
Development Permits from one year to
Date: November 18, 1993 two years .
MCC meeting of December 6, 1993 @ 2:00 p.m.
Synopsis of Previous Council action:
06/03/91 - The effective date of the Development Code which established the initial
term for Conditional Use Permits and Development Permits.
11/15/93 - Development Code Amendment No. 93-07 was presented to the Mayor and
Common Council .
Recommended motion:
That the hearing be closed, the first reading of the Development Code
Amendment be waived and the ordinance be laid over for final adoption.
7
AL OUGHEY Signature
Contact person:_ Al Boughey Phone: 5357
Supporting data attached: Yes Ward: Ci tv-wi de
FUNDING REQUIREMENTS: Amount: N/A
Source:(Acct. No.)
(Acct. Description)
Finance:
Council Notes:
=,_11992 A---,4- I.....,. K1- T /
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
SUBJECT: DEVELOPMENT CODE AMENDMENT (DCA) NO. 93-07 ADDENDUM
REQUEST/LOCATION: This is a City-initiated request for an amendment to the Development
Code, which will extend the initial term of Conditional Use Permits (CUP) and Development
Permits (DP) from one year to two years.
This amendment will affect the entire incorporated portion of the City of San Bernardino.
KEY ISSUES: The key issues are as follows:
• The City of San Bernardino Development Code was adopted on May 3, 1991.
A revision to the Development Code (DCA 93-07) was presented to the Mayor
and Common Council on November 15, 1993.
• Development Code Amendment No. 93-07 included extending the initial term of
CUP's and DP's from one to two years, and reviewed the proposal for possible
environmental impacts for which none were found.
• This portion of the Development Code Amendment was inadvertently omitted
from the ordinance when it was submitted to the Mayor and Common Council for
review, and is now being submitted as a separate ordinance.
Please see the analysis and attachments contained in Exhibit 1, Staff Report to the Planning
Commission for DCA 93-07 contained in the staff report to the Mayor and Common Council
dated November 15, 1993.
OPTIONS AVAII.ABLE TO THE MAYOR AND COMMON COUNCIL: The Mayor and
Common Council may:
1. Adopt the Ordinance; or
2. Deny the Ordinance.
ENVIRONMENTAL: The proposed changes were included in the Initial Study completed by
Tom Dodson and Associates and reviewed by the Planning Commission under DCA 93-07. A
Negative Declaration was proposed by staff. The Initial Study was available for public review
and comment from September 6, 1993 through September 30, 1993. No comments were
received during the public review and comment period.
Development Code Amendment 93-07 Addendum
Mayor and Common Council meeting of
December 6, 1993
Page 2
CHANGES: Sections 19.36.070 and 19.44.070 shall be changed as follows:
SECTION 19.36.070 - CONDITIONAL USE PERMIT EXPIRATION - A Gendifie al T4s
appfeyal of the Gendifiefie4 Use 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.
SECTION 19.44.070 - DEVELOPMENT PERMIT EXPIRATION - Within I y 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.
Note: Strilfe-Thfu will be deleted, Bold will be added.
PLANNING CONMUSSION RECONENIENDATION: The Planning Commission reviewed
Development Code Amendment 93-07 which included this proposal, on October 5, 1993, and
voted 6-0 to recommend to the Mayor and Common Council; adoption of the Negative
Declaration; approval of the Development Code Amendment, based upon the Findings of Fact
included in the original staff report.
STAFF RECOMA ENDATION: Staff recommends that the Mayor and Common Council;
adopt the Ordinance.
P49z Assistant Planner
Fning and Building Services
EXHIBITS: 1. Ordinance
��r✓
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.
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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 City of San Bernardino
Approved as to
23 form and legal content:
24 JAMES F. PENMAN,
City Attorney
25 �
By: fiL
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CONDM JAL 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
:`.n approved Conditional Use may be modified, in a manner,pursuant to Chapter 19.32
(Applications and Fees). Minor modifications to an approved Condition) 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:
I. 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
rv-9 ,ion
DES 3PMENT 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.
ATTACEMIENT 6
TV-21 5/91