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HomeMy WebLinkAboutMC-844 ORDINANCE NO. MC-844 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTIONS 1 19.70.020 AND 19.70.050(1) OF THE SAN BERNARDINO MUNICIPAL CODE (TITLE 19 DEVELOPMENT CODE) TO ESTABLISH CRITERIA TO ALLOW 2 CERTAIN CITY SPONSORED USES AND ACTIVITIES IN THE DOWNTOWN AREA THROUGH A TEMPORARY USE PERMIT. 3 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO 4 ORDAIN AS FOLLOWS: 5 section 1. Page IV-77, section 19.70.020, Permitted Uses, is 6 amended to add the Subsection 11, city-sponsored uses and 7 activities as one of the temporary uses permitted subject to the 8 issuance of a Temporary Use Permit [See Exhibit 1, (Page IV-77 of 9 the Development Code) attached hereto and incorporated herein by 10 reference], to read as follows: 11 "11. City-sponsored uses and activities, not occupying a structure 12 and occurring at regular periodic intervals (weekly, monthly, 13 yearly, etc.)." 14 Section 2. Page IV-77, section 19.70.050(1), Conditions of 15 Approval, is amended, adding an exclusionary statement for periodic 16 City-sponsored uses or activities, exempting them from the time 17 limitations established by that section for temporary uses [See 18 Exhibit 1, (Page IV-77 of the Development Code) attached hereto and 19 incorporated herein by reference], to read as follows: 20 "1. provision for a fixed period not to exceed 90 days for a 21 temporary use not occupying a structure, including promotional 22 activities, or 1 year for all other uses or structures, or for a 23 shorter period of time as determined by the Director. Periodic 24 City-sponsored uses or acti vi ties outl ined in Section 19.70.020 (11) 25 are not subject to the fixed time limitations of this condition, as 26 determined by the Director." 27 IIII 28 IIII 1 MC-844 1 ORDINANCE...AMENDING SECTION 19.70.020 AND 19.70.050(1) OF THE SAN BERNARDINO MUNICIPAL CODE (TITLE 19 DEVELOPMENT CODE) TO 2 ESTABLISH CRITERIA TO ALLOW CERTAIN CITY SPONSORED USES AND ACTIVITIES IN THE DOWNTOWN AREA THROUGH A TEMPORARY USE PERMIT. 3 I HEREBY CERTIFY that the foregoing ordinance was duly adopted 4 by the Mayor and Common Council of the City of San Bernardino at a 5 6 7 regular meeting, therefore, held on the 20th day of July , 1992, by the following vote to wit: Council Members: AYES NAYS ABSTAIN ABSENT 8 ESTRADA 9 REILLY 10 HERNANDEZ 11 MAUDSLEY 12 MINOR 13 POPE-LUDLAM 14 MILLER 15 x x ---1L- ---1L- ---1L- ---1L- x 16 17 18 of The foregoing ordinance is July , 1992. 19 20 Approved as to 21 form and legal content: 22 JAMES F. PENMAN, 23 CitY[Attorney --7 ./ ()<o .. . By: ~ .-,'- ~~ 24 U ,. 25 26 27 28 2 Me 844 TEMPORARY USE PERMITS -19.70 9. Emergency public health and safety needs; and 10. Similar temporary uses which, in the opinion of the Director are compatible with the land use district and surrounding land uses, pursuant to Section 19.02.070 (3) (Similar Uses Permitted). 11. City-sponsored uses and activities, not occupying a structure and occurring at regular periodic intervals (weekly, monthly, yearly, etc.). 19.70.030 APPLICATION A Temporary Use Permit may be approved, modified, conditioned, or denied by the Director. The Director may refer such application to the Commission. Decisions of the Director may be appealed to the Commission, pursuant to Chapter 19.52 (Hearings and Appeals). 19.70.040 FINDINGS The Director may approve, or conditionally approve a Temporary Use Permit ap- plication, only when all the findings contained in Section 19.36.050 (Conditional Use Permits) are made. 19.70.050 CONDITIONS OF APPROVAL In approving an application for a Temporary Use Permit, the Director may impose con- ditions deemed necessary to ensure that the permit will be in accordance with the find- ings required by Section 19.36.050. These conditions may involve any pertinent factors affecting the operation of such temporary event, or use, and may include but are not limited to: 1. provision for a fixed period not to exceed 90 days for a temporary use not occupying a structure, including promotional activities, or 1 year for all other uses or structures, or for a shorter period of time as determined by the Director. periodic city-sponsored uses or activities outlined in Section 19.70.020(11) are not subject to the fixed time limitations of this condition, as determined by the Director. 2. Provision for temporary parking facilities, including vehicular ingress and egress; 3. Regulation of nuisance factors such as, but not limited to, prevention of glare or direct illumination on adjacent properties, noise, vibration, smoke, dust, dirt, odors, gases, and heat; 4. Regulation of temporary structures and facilities, including placement, height and size, location of equipment and open spaces, including buffer areas and other yards; IV-77 Exhibit 1 6/02