HomeMy WebLinkAboutMC-14431
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ORDINANCE NO. -MC -1443
ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, ADOPTING A CATEGORICAL EXEMPTION AND
APPROVING DEVELOPMENT CODE AMENDMENT 17-02 AMENDING
CHAPTER 19.06 (COMMERCIAL ZONES) SECTION 19.06.025(1)(G) (PAWN
SHOPS) OF THE DEVELOPMENT CODE (TITLE 19) OF THE CITY OF SAN
BERNARDINO MUNICIPAL CODE.
WHEREAS, the current City of San Bernardino Development Code was initially
implemented in 1991; and
WHEREAS, on March 15, 2017, the Planning Commission of the City of San
Bernardino held a noticed public hearing to consider public testimony and the staff report, and
I adopted Resolution 2017-020 recommending adoption of the Categorical Exemption and the
approval of Development Code Amendment 16-02 to the Mayor and City Council; and
WHEREAS, notice of the public hearing for the Mayor and City Council's
consideration of the proposed Ordinance was published in The Sun newspaper on April 7,
2017.
NOW THEREFORE, THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO DO ORDAIN AS FOLLOWS:
SECTION 1. The Mayor and City Council find that the above -stated Recitals are true
I and hereby adopt and incorporate them herein.
SECTION 2. Findings of Fact — Development Code Amendment 17-02:
Finding No. 1:
Finding of Fact:
Finding No. 2:
The proposed amendment is consistent with the General Plan.
Economic Development Policy 4.1.1 requires that the City proactively
seek out and retain businesses that create jobs and generate sales tax
revenue. Due to the ongoing project to redevelop the Carousel Mall
property all existing businesses located at the property are being
required to relocate. In an effort to retain local businesses, City Staff
has been working to assist the remaining mall tenants in relocating to
other properties within the City of San Bernardino. Therefore, the
proposed ordinance is consistent with the City's General Plan.
The proposed amendment would not be detrimental to the public
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,
health, safety, convenience, or welfare of the City in that the relocation
of an existing business to a new property within the City of San
Bernardino will have no significant impact and will be reviewed and
conditioned to ensure compliance with environmental and development
standards, as well as health, safety, and welfare concerns.
SECTION 3. Compliance with the California Environmental Quality Act. The Mayor
and City Council has independently reviewed, analyzed and exercised judgment in finding
I that Development Code Amendment 17-02 is exempt under § 15061(b)(3) (Review for
I Exemption) of the California Environmental Quality Act (CEQA) due to the fact that it can be
seen with certainty that the proposed Ordinance will not create significant effects on the
I environment. The Planning Division of the Community Development Department is hereby
I directed to file a Notice of Exemption with the County Clerk of the County of San Bernardino
certifying the City's compliance with California Environmental Quality Act in adopting the
Categorical Exemption.
SECTION 4. Section 19.06.025(1)(G) (Pawn Shops) shall be amended, as follows:
! Pawn Shops — Businesses that loan money or other items of value to any person, firm or
I corporation, upon any personal property, personal security or the purchasing of personal property
and reselling or agreeing to resell such articles at prices previously agreed upon.
1. This category shall not include any legally established pawnshop in an
unreinforced masonry building to be relocated to another building within 50 feet
of the current location.
2. This catej!ory shall not include any le all • established pawnshop relocatin
to another propertv within the Ci sub'ect to 11212roval of a Conditional Use
Permit.
SECTION 5. Severability: If any section, subsection, subdivision, sentence, or clause
I or phrase in this Ordinance or any part thereof is for any reason held to be unconstitutional,
invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the
validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The
Mayor and City Council hereby declares that it would have adopted each section irrespective
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of the fact that any one or more subsections, subdivisions, sentences, clauses, or phrases be
declared unconstitutional, invalid, or ineffective.
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ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, ADOPTING A CATEGORICAL EXEMPTION AND
APPROVING DEVELOPMENT CODE AMENDMENT 17-02 AMENDING
CHAPTER 19.06 (COMMERCIAL ZONES) SECTION 19.06.025(1)(G) (PAWN
SHOPS) OF THE DEVELOPMENT CODE (TITLE 19) OF THE CITY OF SAN
BERNARDINO MUNICIPAL CODE.
I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor
and City Council of the City of San Bernardino at a joint regular meeting thereof, held on the
1St day of May 2017, by the following vote, to wit:
Council Members: AYES NAYS ABSTAIN ABSENT
MARQUEZ X
BARRIOS X
VALDIVIA X(M)
SHORETT X(S)
NICKEL X
RICHARD X
MULVIHILL X
Georgea Hanna, CIK4C, City Clerk
X0
The foregoing Ordinance is hereby approved this day of 2017.
R - a�7 yt*'�4
R. Carey Davis layor
City of San B rnardino
Approved as to form:
Gary D. Saenz, City Attorney
w
By.