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~I-R OF SAM BERNARDI6b - REQU& FOR COUNCIL AC&N
From:
RALPH H. PRINCE
Subject: Clarification of Present Intent
of Section 19.78.020 Subsection 21
and Authorize Planning Commission
to Grant Extensions of Not More Than
12 MQnths for Compliance with C.U.P.
Condltlons.
Dept:
City Attorney
Date:
August 1, 1985
Synopsis of Previous Council action:
On June 17, 1985, the Mayor and Common Council referred a proposed
amendment of the Municiapl Code concerning conditional use permit
and variance provisions to the Legislative Review Committee.
On August 8, 1985, the Legislative Review Committee recommended
the attached proposed ordinance amendment of Chapter 19.78
concerning conditional use permits.
Recommemled motion:
Waive further first reading of the ordinaDce and layover for
final adoption.
/i \ AO
./ ~~~e A;~
Contact person:
JOHN F. WILSON
FUNDING REQUIREMENTS:
Amount:
n/a
Phone: <;11\?
Ward: n l::a
,
Source: n/t:j
,
Finance: nIt:'.
Supporting data attached: Yes
Cou ncil Notes:
^___-'_ ..__ .._ c 1(-1
CI~ OF SAN BERNARDQO
o
- REQUiT FOR COUNCIL ACTION
STAFF REPORT
In consultation between the Planning Director and the City
Attorney it was determined that the proposed language
clarifies the present intent of the existing Section
19.78.020 Subsection 21. The adoption of this amendment
will not change the law as it presently exists.
The Planning Department also requests that the Planning
Commission be authorized to grant extensions of time to
comply with the conditions of conditional use permits.
75-0264
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1
ORDINANCE NO.
2 ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING SECTION
19.78.025 TO THE SAN BERNARDINO MUNICIPAL CODE TO CLARIFY THAT
3 STANDARDS OF THE UNDERLYING ZONE SHALL APPLY TO A USE ESTABLISHED
4 UNDER A CONDITIONAL USE PERMIT, TO PERMIT THE PLANNING COMMISSION
TO ALLOW TWELVE MONTHS FOR COMPLIANCE WITH ANY CONDITION OF THE
CONDITIONAL USE PERMIT, AND TO PERMIT A REQUEST FOR DEVIATION
5 AS A VARIANCE TO BE PROCESSED CONCURRENTLY WITH A CONDITIONAL USE
6 PERMIT, AND REPEALING SECTION 19.78.020 SUBSECTION 21.
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
7 DO ORDAIN AS FOLLOWS:
8 SECTION 1. Section 19.78.025 is added to the San
9 Bernardino Municipal Code to read:
10 "19.78.025 Standards, extensions and deviations.
11 A. The standards for parking, setbacks, minimum lot area
12 and dimensions, building coverage, building height, yards, fences,
13 hedges and walls, signs, and all other standards expressly set
14 forth in Title 19 of this Code shall apply to uses to be authorize
15 or established under the provisions .of this Chapter. More
16 restrictive standards may be imposed by the Planning Commission
17 as a condition of approval of a conditional use permit.
18 B. The Planning Commission may grant an extension of time
19 for compliance with applicable standards or conditions of
20 approval of the conditional use permit. No extension shall allow
21 an applicant a period of time longer than twelve months in which
22 to conform to an applicable standard or condition.
23 C. An applicant may request a deviation from any standard
24 of the underlying zoning district in the application for a
25 conditional use permit. Such request shall be treated as an
26 application for a variance, and the provisions of Chapter 19.74,
27 except Sections 19.74.030 through 19.74.070 shall apply. The
28 notice, hearing, conditioning, decision and appeal provisions of
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1 Chapter 19.78 shall be applicable to the variance proceedings
2 which shall be conducted concurrently with the conditional use
3 permit proceedings. A deviation (variance) fee shall not be
4 imposed.n
5 SECTION 2. Section 19.78.020 Subsection 21 of the San
6 Bernardino Municipal Code is hereby repealed.
7 I HEREBY CERTIFY that the foregoing o~dinance was duly
8 adopted by the Mayor and Common Council of the City of San
10 on the
day of
meeting thereof, held
, 1985, by the following
9 Bernardino at a
11 vote, to wit:
12
13
14 NAYS:
AYES:
Council Members
15 ABSENT:
16
17
18
19
20
21
22
City Clerk
The foregoing ordinance is hereby approved this
day
of
, 1985.
Mayor of the City of San Bernardino
Approved as to form:
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