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HomeMy WebLinkAboutMC-791U 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 2 3 ORDINANCE NO. MC-791 ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING MC-787 AND IMPOSING IN CERTAIN DEFINED AREAS SURROUNDING MT. VERNON AVENUE AN INTERIM HOLD ON APPROVAL OF DEVELOPMENT PERMITS, CONDITIONAL USE PERMITS AND OTHER ACTIONS, AND DECLARING THE URGENCY THEREOF. 4 5 6 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: SECTION 1. Ordinance No. MC-787 is hereby amended to read as follows: "1. Findings. This ordinance is adopted by the Mayor and Common Council because it is in the best interest of the City to place a hold on new development in the Mt. Vernon Avenue theme area until after theme standards, a specific plan and implementation program are adopted for this area. A. The City has entered into a contract with the Arroyo Group of the City of Pasadena, California, for the purpose of preparing a specific plan and implementation program for the Mt. Vernon Avenue theme area. B. The Mayor and Common Council find that to allow the development of property in the Mt. Vernon Avenue area prior to the adoption of a specific plan and implementation program will undermine redevelopment goals and prevent a unified redevelopment to this area. C. The Mayor and Common Council further find that to allow the development of property in the Mt. Vernon Avenue theme area contrary to a specific plan and implementation program will constitute an immediate threat to the public health, safety and welfare. / / / / HE/ms/mtver2.ord May 31, 1991 1 10 MC-791 1 2 3 2. Limitations on Development Approval. A. During the period of this ordinance, the City shall not accept, process or approve any application for a 4 5 6 development project in the area described in Section 3 hereof. The term "development project" includes but is not limited to: a General Plan amendment, tentative tract map, parcel map, 7 Conditional Use Permit, Development Permit, sign permit, 8 variance, grading permit, building permit, extension of time, or 9 any other entitlement for land use. B. During the period of this ordinance, all 11 departments of the City of San Bernardino are directed to not 12 accept, process or review any application relating to a 13 development project in the area described as Section 3 hereof. 14 C. Any application for a development project which 15 was deemed complete by the Director of Planning and Building 16 Services prior to the effective date of this ordinance may be 17 processed and approved by the Planning Commission or the Mayor 18 and Common Council if the application conforms with the proposed 19 theme standards, specific plan and implementation program for the 20 Mt. Vernon Avenue theme area and if the application conforms to 22 21 all applicable requirements in City ordinances and resolutions. D. This ordinance shall not apply to applications 23 for demolition permits, building permits involving the remodeling 24 or repair of existing buildings, or public works projects. 25 3. Geographic Scope. The limitations on development 26 approvals described in Section 2 shall apply to the area in and 27 around Mt. Vernon Avenue described as follows: Beginning at the 28 intersection of the centerlines of Mt. Vernon Avenue and lOth HE/ms/mtver2.ord May 31, 1991 2 MC-791 1 2 3 street; thence East along the centerline of said 10th Street a distance of 1093 feet, more or less, to the Northerly prolongation of the East line of Lot 7, Block 19, Rancho San 4 Bernardino as per plat thereof recorded in Book 7 of Maps, 5 page 2, records of the County Recorder of San Bernardino County; 6 thence South along said prolongation, the East line of said Lot 7 7 and the Southerly prolongation thereof to the centerline of 9th 8 Street; thence West along said centerline of 9th Street to the 9 centerline of Garner Avenue; thence South along said centerline 10 of Garner Avenue to the centerline of 8th Street; thence West 11 along said centerline of 8th Street to the Northerly prolongation 12 of the East line of the West 135 feet of Lot 9, Block 18 of said 13 Rancho San Bernardino; thence South along said prolongation and 14 East line, a distance of 143.54 feet; thence East, a distance of 15 44.16 feet; thence South to a point which is 140 feet North of 16 the North line of Vine Street; thence East, a distance of 44 17 feet; thence South to the centerline of said Vine Street; thence 18 West along said centerline of Vine Street to the centerline of 19 that certain 15 foot wide North/South alley located approximately 20 140 feet East of the East line of Mt. Vernon Avenue; thence 21 South along said alley centerline to the centerline of 7th 22 Street; thence East along said centerline of 7th Street to the 23 Northerly prolongation of the West line of Block 2, Garner 24 Subdivision, as per plat thereof recorded in Book 3 of Maps, 25 page 77, records of said County Recorder; thence South along said 26 West line and its Southerly prolongation to the centerline of 27 Victoria Street; thence West along said centerline of Victoria 28 Street to the Northerly prolongation of the East line of Lot 11 HE/ms/mtver2.ord May 31, 1991 3 MC-791 1 2 3 of Block 3 of said Garner Subdivision; thence South along said prolongation, said East line and the Southerly prolongation thereof to a point 140.06 feet South of the South line of Spruce 4 5 Street; thence East and parallel with the North line of 5th Street to the centerline of "L" Street; thence South along said 6 centerline of "L" Street to the South line of that certain 14 7 foot wide East/West alley lying approximately 130 feet South of 8 the South line of said 5th Street; thence West along said South 9 line to the East line of Lot 7, Covington Subdivision, as per 10 plat thereof recorded in Book 3 of Maps, page 43, records of said 11 County Recorder; thence South along said East line to the 12 Southeast corner of said Lot 7; thence West along the South 13 lines of Lots 7,6,5,4,3,2 and 1 of said Covington Subdivision and 14 the Westerly prolongation thereof to the centerline of Mt. Vernon 15 Avenue; thence South along said centerline of Mt. Vernon Avenue 16 to the centerline of 4th Street; thence West along said 17 centerline of 4th Street to a point which is 150 feet West of the 18 West line of said Mt. Vernon Avenue; thence North and parallel 19 with said West line to the centerline of said 5th Street; thence 20 West along said centerline of 5th Street to the centerline of 21 Herrington Avenue; thence North along said centerline of 22 Herrington Avenue to the centerline of 6th Street; thence East 23 along said centerline of 6th Street to centerline of that certain 24 North/South alley lying approximately 150 feet West of the West 25 line of said Mt. Vernon Avenue; thence North along the centerline 26 of said alley to the centerline of 8th Street; thence East along 27 said centerline of 8th Street to a point which is 150 feet West 28 of the West line of said Mt. Vernon Avenue; thence North and HE/ms/mtver2.ord May 31, 1991 4 10 MC-791 1 2 3 4 5 6 parallel with said West line of Mt. Vernon Avenue to the centerline of 9th Street; thence West along said centerline of 9th Street to the centerline of Herrington Avenue; thence North along said centerline of Herrington Avenue to the centerline of 10th Street; thence East along said centerline of 10th Street to the Point of Beginning. 7 4. Duration. This ordinance shall be of no further force 8 and effect six (6) months from the date of adoption unless 9 readopted by the Mayor and Common Council. 5. California Environmental Quality Act. The passage of 11 this ordinance is not a project nor will it have any significant 12 impact on the environment. 13 6. Severability. If any section, subsection, sentence, 14 clause or phrase of this ordinance is for any reason held to be 15 invalid or unconstitutional by the decision of a court of 16 competent jurisdiction, such decision shall not affect the 17 validity of the remaining portions of the ordinance. The Mayor 18 and Common Council of the City of San Bernardino hereby declare 19 that they would have passed this ordinance, and each section, 20 subsection, clause, sentence or phrase thereof, irrespective of 21 the fact that anyone (1) or more other sections, subsections, 22 clauses, sentences or phrases may be declared invalid or 24 23 unconstitutional." 25 for the immediate preservation of the public peace, health or SECTION 2. Urgency. This ordinance is an urgency measure 27 26 safety and shall go into effect immediately upon its adoption and approval. The facts constituting the urgency are set forth in 28 Section 1. HE/ms/mtver2.ord May 31, 1991 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 MC-79l ORDINANCE. . AMENDING MC-787. . HOLD ON APPROVAL OF DEVELOPMENT PERMITS, CONDITIONAL USE PERMITS AND OTHER ACTIONS AND DECLARING THE URGENCY THEREOF. I HEREBY CERTIFY that the foregoing ordinance was duly adopted by the Mayor and Common Council of the City of San Bernardino at a regular meeting thereof, held on the 3rd day of June , 1991, by the following vote, to wit: Council Members: AYES NAYS ABSTAIN ESTRADA x REILLY x HERNANDEZ x MAUDSLEY x MINOR x POPE-LUDLAM x MILLER x ()~~~ cYt~Clerk (J of June 4"/;u day The foregoing ordinance is hereby approved , 1991. / , Mayor ernardino Approved as to form and legal content: JAMES F. PENMAN, 24 City Attorney 25 ,~ 26 27 28 HE/ms/mtver2.ord May 31, 1991 6