HomeMy WebLinkAbout23- Ordinance 1 ORDINANCE NO.
2 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTIONS
19 . 36. 070, 19. 44 . 070 AND 19. 72 . 080 OF THE SAN BERNARDINO MUNICIPAL
3 CODE (DEVELOPMENT CODE) TO GRANT A ONE TIME, AUTOMATIC TWO YEAR
EXTENSION OF TIME FOR PREVIOUSLY APPROVED DEVELOPMENT APPLICATIONS.
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 add the following paragraph:
11 "Any previously approved Conditional Use Permit that had not
12 expired as of September 13 , 1993 shall be extended for two years.
13 This automatic extension of time is a one time extension from
14 September 13 , 1993 and is in addition to the time granted under the
15 initial approval of the Conditional Use Permit or any subsequent
16 approval of an extension of time. "
17 SECTION 2 . Chapter 19.44 DEVELOPMENT PERMITS [see Attachment
18 B, Page IV-21, of the Development Code, attached hereto and
19 incorporated herein by reference] :
20 A. Amend Section 19.44. 070 DEVELOPMENT PERMIT EXPIRATION to
21 add the following paragraph:
22 "Any previously approved Development Permit that had not
23 expired as of September 13 , 1993 shall be extended for two years.
24 This automatic extension of time is a one time extension from
25 September 13 , 1993 and is in addition to the time granted under the
26 initial approval of the Development Permit or any subsequent
27 approval of an extension of time. "
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1 SECTION 3 . Chapter 19. 72 VARIANCES [see Attachment C,
2 Page IV-82 , of the Development Code, attached hereto and
3 incorporated herein by reference] :
4 A. Amend Section 19 . 72 . 080 VARIANCE EXPIRATION to add the
5 following paragraph:
6 "Any previously approved Variance that had not expired as of
7 September 13, 1993 shall be extended for two years. This automatic
8 extension of time is a one time extension from September 13, 1993
9 and is in addition to the time granted under the initial approval
10 of the Variance or any subsequent approval of an extension of
11 time. "
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1 ORDINANCE. . .TO AMEND SECTIONS 19. 36. 070, 19. 44 . 070 AND 19. 72 . 080 OF
THE SAN BERNARDINO MUNICIPAL CODE (DEVELOPMENT CODE) TO GRANT A ONE
2 TIME, AUTOMATIC TWO YEAR EXTENSION OF TIME FOR PREVIOUSLY APPROVED
DEVELOPMENT APPLICATIONS.
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 f
y 1994 , 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
18 City Clerk
19 The foregoing ordinance is hereby approved this day
20 of 1994.
21
22 Tom Minor, Mayor
23 City of San Bernardino
Approved as to
24 form and legal content:
25 JAMES F. PENMAN,
City Attorney
26 By: tiY, ,
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COND. 3NAL USE PERMTrS-1936
19.36.070 CONDITIONAL USE PERMIT EXPIRATION
A Conditional Use Permit shall be exercised by the commencement of construction
within 1 year from the date of approval or the Conditional Use Permit shall become
null and void. In addition, if after commencement of construction, work is discon-
tinued 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 be-
come null and void.
Any previously approved Conditional Use Permit that had not expired
as of September 13 , 1993 shall be extended for two years. This
automatic extension of time is a one time extension from September
13 , 1993 and is in addition to the time granted under the initial
approval of the Conditional Use Permit or any subsequent approval
of an extension of time.
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 Conditionl 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;
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ATTACHMENT "B"
D1 T.OPMENT 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 1 year of Development Permit approval, commencement of construction shall
have occurred or the permit shall become null and void. In addition,if after commence-
ment of construction, work is discontinued for a period of one year, then the Develop-
ment Permit shall become null and void. Projects may be built in phases if preap-
proved 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 com-
mencement to the next phase's date of construction commencement to have occurred,
or the Development Permit shall become null and void.
Any previously approved Development Permit that had not expired as
of September 13 , 1993 shall be extended for two years. This
automatic extension of time is a one time extension from September
13, 1993 and is in addition to the time granted under the initial
approval of the Development Permit or any subsequent approval of an
extension of time.
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 mr, ifications 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.
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VARIANCES-19.72
19.72.060 PRECEDENTS
The granting of a prior Variance is not admissible evidence for the granting of a new
Variance.
19.72.070 BURDEN OF PROOF
The burden of proof to establish the evidence in support of the findings, as required by
Section 19.72.050, is the responsibility of the applicant.
19.72.080 VARIANCE EXPIRATION
A Variance shall be exercised within 1 year from the date of approval, or the Variance
shall become null and void.
Any previously approved Variance that had not expired as of
September 13 , 1993 shall be extended for two years. This automatic
extension of time is a one time extension from September 13 , 1993
and is in addition to the time granted under the initial approval
of the Variance or any subsequent approval of an extension of time.
19.72.090 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 Variance complies with all current
Development Code provisions.
19.72.100 USE OF PROPERTY BEFORE FINAL DECISION
No permit shall be issued for any use involved in an application for approval of a
Variance until, and unless, the same shall have become final,pursuant to Section
19.52.080 (Effective Date).
19.72.110 REVOCATION
The Commission may hold a public hearing to revoke or modify a Variance granted
pursuant to the provisions of this Chapter. Ten days prior to the public hearing,notice
shall be delivered in writing to the applicant and/or owner of the property for which
such Variance 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.
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