HomeMy WebLinkAboutMC-1426 Adopted: July 18, 2016
Effective: August 18, 2016
1 ORDINANCE NO. MC-1426
2 ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO APPROVING DEVELOPMENT CODE AMENDMENT 16-02
3 AMENDING CHAPTER 19.22 (SIGN REGULATIONS) SECTION 19.22.080 (OFF-
4 SITE SIGNS) OF THE DEVELOPMENT CODE (TITLE 19) OF THE CITY OF SAN
BERNARDINO MUNICIPAL CODE.
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6 WHEREAS, the current City of San Bernardino Development Code was initially
7 implemented in 1991; and
WHEREAS, on April 20, 2016, the Planning Commission of the City of San
8 Bernardino held a noticed public hearing to consider public testimony and the staff report, and
9 adopted Resolution No. 2016-015 recommending adoption of the Categorical Exemption and
10 the approval of Development Code Amendment 16-02 and Conditional Use Permit 16-03 to
11 the Mayor and Common Council; and
12 WHEREAS, notice of the public hearing for the Mayor and Common Council's
13 consideration of the proposed Ordinance was published in The Sun newspaper on June 25,
14 2016.
15 NOW THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS:
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17 SECTION 1. The Mayor and Common Council find that the above-stated Recitals
18 are true and hereby adopt and incorporate them herein.
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20 SECTION 2. Findings of Fact—Development Code Amendment 16-02.
21 Finding No. 1: The proposed amendment is consistent with the General Plan.
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Finding of Fact: The proposed amendment will result in removing the existing
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24 regulations for off-site freeway signs that are no longer imposed by the
25 California State Transportation Agency (Caltrans), and the proposed
26 amendment will provide for the accommodation of the development,
27 establishment and operation of a freestanding freeway-oriented
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Adopted: July 18, 2016
Effective: August 18, 2016
1 electronic message center sign consistent with the City's Development
2 Code.
3 Finding No. 2: The proposed amendment would not be detrimental to the public
4 interest, health, safety, convenience, or welfare of the City.
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Finding of Fact: The proposed amendment will not be detrimental to the public interest,
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7 health, safety, convenience, or welfare of the City in that the
8 amendment to remove the existing regulations for off-site freeway signs
9 that are no longer imposed by the California State Transportation
10 Agency (Caltrans) will facilitate the development, establishment and
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operation of a freestanding freeway-oriented electronic message center
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13 sign consistent with the City's Development Code. The project site has
14 direct access from "E" Street, will be fully served by utility providers,
15 will be construction in accordance with all applicable codes and
16 regulations, and will not result in the need for the excessive provision
17 of services.
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SECTION 3. Compliance with the California Environmental Quality
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20 The Mayor and Common Council has independently reviewed, analyzed and exercised
21 judgment in finding that Development Code Amendment 16-02 and Conditional Use Permit
22 16-03 is exempt under §15061(b)(2) (Review for Exemption) of the California Environmental
23 Quality Act (CEQA),pursuant to §15332 (In-Fill Development Projects) of CEQA.
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SECTION 4. — Section 19.22.080(1)(C)(1) (Off-Site Signs —Replacement of Off-Site
25 Billboard Signs on the Same Site) shall be amended, as follows:
26 (1) No billboard shall be upgraded to an electronic variable message display unless
27 the sign is located at least 1,000 feet from the nearest existing or approved electronic message
28 center or electronic display sign on the same side of the freeway.
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Adopted: July 18, 2016
Effective: August 18, 2016
1 SECTION 5. — Section 19.22.080(2)(E) (Off-Site Signs — Replacement of Off-Site
2 Billboard Signs on New Site) shall be amended by the following deletion:
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7 SECTION 6. — Section 19.22.080(7)(E) (Off-Site Signs — Off-Site Electronic
8 Message Center Signs) shall be amended, as follows:
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10 E. Off-site electronic message center signs may be placed no closer than 1,000
feet from another electronic message center sign (on-site or off-site) on the same side of the
11 freeway.
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13 SECTION 7. - Notice of Exemption: The Planning Division of the Community
14 Development Department is hereby directed to file a Notice of Exemption with the County
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16 Clerk of the County of San Bernardino certifying the City's compliance with California
17 Environmental Quality Act in adopting the Categorical Exemption.
18 SECTION 8. Severability: If any section, subsection, subdivision, sentence, or
19 clause or phrase in this Resolution or any part thereof is for any reason held to be
20 unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision
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shall not affect the validity or effectiveness of the remaining portions of this Resolution or any
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23 part thereof. The Mayor and Common Council hereby declares that it would have adopted
24 each section irrespective of the fact that any one or more subsections, subdivisions, sentences,
25 clauses, or phrases be declared unconstitutional, invalid, or ineffective.
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Adopted: July 18, 2016
Effective: August 18, 2016
1 ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO APPROVING DEVELOPMENT CODE AMENDMENT 16-02
2 AMENDING CHAPTER 19.22 (SIGN REGULATIONS) SECTION 19.22.080 (OFF-
SITE SIGNS) OF THE DEVELOPMENT CODE (TITLE 19) OF THE CITY OF SAN
3 BERNARDINO MUNICIPAL CODE.
4
I HEREBY CERTIFY that the foregoing ordinance was duly adopted by the Mayor
5 and Common Council of the City of San Bernardino at a regular meeting thereof, held on this
6 18th day of July, 2016, by the following vote to wit:
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8 Council Members: AYES NAYS ABSTAIN ABSENT
MARQUEZ x
9 BARRIOS x
10 VALDIVIA X
11 SHORETT x
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NICKEL x RICHARD x
13 MULVIHILL x
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16 Georgeann Hanna, CNk, City Clerk
17 S-�
18 The foregoing Ordinance is hereby adopted this day of July, 2016.
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21 R. CAREY DA IS, Mayor
22 Approved as to form: City of San Bernardino
Gary D. Saenz,City Attorney
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By: �
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