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HomeMy WebLinkAboutMC-891 . . 1 2 3 4 5 6 7 8 9 10 11 Effective: January 20, 1994 ORDINANCE NO. MC-891 AN ORDINANCE OF THE CITY OF SAN BERNARDINO TO AMEND SECTIONS 19.36.070 AND 19.44.070 OF THE SAN BERNARDINO MUNICIPAL CODE (DEVELOPMENT CODE) TO EXTEND THE INITIAL TERM OF CONDITIONAL USE PERMITS AND DEVELOPMENT PERMITS FROM ONE YEAR TO TWO YEARS. THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: SECTION 1. Chapter 19.36 CONDITIONAL USE PERMITS [see Attachment A, Page IV-9, of the Development Code, attached hereto and incorporated herein by reference]: A. Amend section 19.36.070 CONDITIONAL USE PERMIT EXPIRATION to read as follows: "within 2 years of Conditional Use Permit approval, 12 commencement of construction or use shall have occurred or the 13 permit shall become null and void. In addition, if after 14 commencement of construction, work is discontinued for a period of one year, then the Conditional Use Permit shall become null and 15 16 17 void. Projects may be built in phases if preapproved by the review authority. If a project is built in preapproved phases, each 18 subsequent phase shall have 1 year from the previous phase's date of 19 20 construction of phase's date the next commencement to construction commencement to have occurred, or the Conditional Use 21 22 Permit shall become null and void." SECTION 2. Chapter 19.44 DEVELOPMENT PERMITS [see Attachment 23 B, Page IV-21, of the Development Code, attached hereto and 24 25 incorporated herein by reference]: A. Amend section 19.44.070 DEVELOPMENT PERMIT EXPIRATION to read as follows: 26 27 "within 2 years 28 IIII of Development Permit approval, commencement 1 MC-891 1 of construction or use shall have occurred or the permit shall 2 become null and void. In addition, if after commencement of 3 construction, work is discontinued for a period of one year, then 4 the Development Permit shall become null and void. Projects may be 5 built in phases if preapproved by the review authority. If a 6 project is built in preapproved phases, each subsequent phase shall 7 have 1 year from the previous phase's date of construction 8 commencement to the next phase's date of construction commencement occurred, or the Development Permit shall become null and 9 to have 10 void." 11 IIIII 12 IIIII 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 MC-89l 1 ORDINANCE...TO AMEND SECTIONS 19.36.070 AND 19.44.070 OF THE SAN BERNARDINO MUNICIPAL CODE (DEVELOPMENT CODE) TO EXTEND THE INITIAL 2 TERM OF CONDITIONAL USE PERMITS AND DEVELOPMENT PERMITS FROM ONE YEAR TO TWO YEARS. 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 reQular meeting thereof, held on the 7 20th day of December ,1993, by the following vote, to wit: 8 Council Members: AYES NAYS ABSTAIN ABSENT 9 NEGRETE x 10 CURLIN x 11 HERNANDEZ x OBERHELMAN x 12 13 DEVLIN -1L 14 POPE-LUDLAM ----'L- 15 MILLER ----X....- 16 17 18 19 of 20 21 [)~~ ci ty... Clerk The foregoing ordinance is hereby approved this December , 1993. :l.:lt>id day 22 Approved as to form and legal content: 23 24 -:I~-) {;/~.tHr\ Tom M1nor, Mayor City of San Bernardino JAMES F. PENMAN, city .Attorney , -7- L 25 By: ,~ 26.{} 27 28 3 MC-89l CONDmONAL USE PERMITS -19.36 19.36.070 CONDITIONAL USE PERMIT EXPIRATION within 2 years of Conditional Use Permit approval, commencement of construction or use shall have occured or the permit shall become null and void. In addition, if after commencement of construction, work is discontinued 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 become null and void. 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 Condition! 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; 2. That the Conditional Use Permit was obtained by misrepresentation or fraud; 3. That the use for which the Conditional Use Permit was granted had ceased or was suspended for 6 or more consecutive calendar months; 4. That 1 or more of the conditions of the Conditional Use Permit have not been met; ATTACHMENT A IV-9 1/92 MC-89l DEVELOPMENT 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, de~ign, 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 wi thin 2 years of Development Permit approval, commencement of construction or use shall have occurred or the permit shall become null and void. In addition, if after commencement of construction, work is discontinued for a period of one year, then the Development 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 I year from the previous phase'S date of construction commencement to the next phase's date of construction commencement to have occured, or the Development Permit shall become null and void. 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 modifications 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. ATTACHMENT B IV-21 5/91