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CI-f:.t OF SAN BERNARDICo - REQUO FOR COUNCIL AC' )oN
Frank A. Schuma
From: Planni ng Di rector
Amendment to the San Bernardino
Subject: Municipal Code, Section 19.78.025 -
Conditional Use Permits
Dept: Pl anni ng
Date: October 25, 1985
Mayor and Council Meetin9 of
November 4, 1985, g:OO a.m.
Synopsis of Previous Council action:
Previous Planning Commission action:
At the meeting of the Planning Commission on October 22, 1985, the following
action was taken:
The amendment to the San Bernardino Municipal Code, Section 19.78.025 - Condi-
tional Use Permits, to clarify standards and to permit requests for deviations
to be processed concurrently, was unanimously recommended for approval.
The Negative Declaration for environmental review was also recommended for
approval.
Recommended motion:
To approve the responses to comments and to adopt the Negative Declaration for
environmental review which has been reviewed and considered.
To approve, modify or reject the findings and the recommendations of the
Planning Commission and to direct the City Attorney to prepare the necessary
amendments to the Zoning Ordinance.
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Signature
Frank A. Schuma
Contact person:
Frank A. Schuma
Phone:
383-5D57
Supporting data attached:
Yes, Staff Report
Ward:
City-wi de
FUNDING REQUIREMENTS:
Amount:
Source:
Finance:
Council Notes:
75-0262
Agenda Item No A. -i,
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CCITY OF SAN BE::'NARDINC~"/-
MEMORANDl.":r1
To Planning Commission
From Planning Department
Subject Ordinance Amendment to San Ilernardino Municipal
Code Adding Section 19.78.025
Date October 17, 1985
Approved
Item #9, City-Wide
Date
Tlle attached amendment would add Section 19.78.025 to the San Bernardino
Municiap1 Code.
The proposed amendment would clarify that the development standards of the
underlying zone would apply relative to a permitted use under a conditional
use permit unless more restrictive provisions were required as conditions
of approval.
In addition, the proposed amendment would permit up to a one year extension
of time for conditional use permit as approved by the Planning Commission
and would also establish a procedure to permit a variance request to be
processed as part of the conditional use permit application.
The Environmental Review Committee on August 29, 1985 determined that the
proposed ordinance amendment would not have any significant impact on the
invironment and recommended adoption of the proposed Negative Declaration.
The Planning Department recommends that the proposed Ordinance Amendment
and Negative Declaration be recommended for approval to the City Council.
Respectfully submitted,
FRANK A. SClIUMA
Planning Director
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AUG 121985
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CITY PlANr-iiI::"" ",MENT
ORDINANCE OF THE CITY OF SAN BERNARDINO ADDIN~AMBlffii~1i:iO. CA
19.78.025 TO THE SAN BERNARDINO MUNICIPAL CODE TO CLARIFY THAT
STANDARDS OF THE UNDERLYING ZONE SHALL APPLY TO A USE ESTABLISHED
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
PERMIT, AND REPEALING SECTION 19.78.020 SUBSECTION 21.
6
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
7 DO ORDAIN AS FOLLOWS:
ORDINANCE NO.
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SECTION 1.
Section 19.78.025 is
added to the San
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9 Bernardino Municipal Code to read:
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"19.78.025 Standards, extensions and deviations.
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 appIicable standards or conditions of
20 approval of the conditional use permit. No extension shall allow
2] 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 ]9.74,
27 except Sections 19.74.030 through 19.74.070 shall apply. The
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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..
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 ordinance was duly
8 adopted by the Mayor and Common Council of the City of San
9 Bernardino at a
meeting thereof, held
10 on the
day of
, 1985, by the following
11 vote, to wit:
12
13
14
15
16
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18
19
I of
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AYES:
Council Members
NAYS:
ABSENT:
City Clerk
The foregoing ordinance is hereby approved this
day
, 1985.
21
22
Mayor of the City of San Bernardino
Approved as to form:
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