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HomeMy WebLinkAboutMC-787U , 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE NO. MC-787 AN ORDINANCE OF THE CITY OF SAN BERNARDINO IMPOSING IN CERTAIN DEFINED AREAS AN INTERIM HOLD ON APPROVAL OF DEVELOPMENT PERMITS, CONDITIONAL USE PERMITS AND OTHER ACTIONS DEFINED AS DISCRETIONARY, AND DECLARING THE URGENCY THEREOF. THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: SECTION 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 is 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 theme area. B. The Council finds that to allow the development of property in the Mt. Vernon area prior to the adoption of a specific plan and implementation program will undermine the goals and prevent a unified redevelopment to this area. C. The Council further finds that to allow the development of property in the Mt. Vernon theme area contrary to a specific plan and implementation program will constitute an immediate threat to the public health, safety and welfare. SECTION 2. Limitations on Development Approval. A. During the period of this ordinance, the City shall not accept, process or approve a General Plan amendment, tentative subdivision map, parcel map, Conditional Use Permit, Development Permit or any other type of discretionary approval by the Planning Director, Development Review Committee, Planning DAB/ses/Permits.ord May 20, 1991 1 MC-787 1 Commission or Common Council in the area described in Section 3 2 hereof. 3 B. During the period of this ordinance, all departments 4 are directed to not accept, process or review any planning 5 application relating to development which requires discretionary 6 action by the Planning Director, Development Review Committee, 7 Planning Commission or Common Council in the area described as 8 Section 3 hereof. 9 C. This ordinance shall not apply to variances or to 10 activities defined as ministerial, including building permits 11 involving the remodeling or repair of existing buildings. It 12 shall apply, however, to all other building permits. 13 SECTION 3. Geographic Scope. The limitations on 14 development approvals described in Section 2 shall apply to the 15 area in and around Mt. Vernon Avenue described as follows: 16 Beginning at the intersection of Mt. Vernon Avenue and 10th 17 Street, going west on 10th Street to the corner of Herrington 18 Avenue, going due south on Herrington Avenue, going due south to 19 9th Street, going east on 9th Street to an alley approximately 20 one (1) block west of Mt. Vernon, going due south on the alley 21 to 6th Street, going east on 6th one (1) block to Herrington 22 Avenue, going due east to Herrington Avenue, to the alley one (1) 23 block west of Mt. Vernon Avenue, going due north on Mt. Vernon 24 Avenue to an alley approximately one (1) block south of 5th 25 Street going due east to "L" Street, going north on "L" Street to 26 an alley approximately one (1) block north of 5th Street, going 27 due west on the alley to an alley approximately one (1) block 28 east of Mt. Vernon Avenue, going due north on the alley to 8th DAB/ses/Permits.ord May 20, 1991 2 . YlC-787 1 street, going due east on 8th street to Garner Avenue, going 2 north on Garner Avenue to 10th street, going west on 10th Street 3 to the point of beginning. 4 SECTION 4. Duration. This ordinance shall be of no 5 further force and effect six (6) months from the date of adoption 6 unless readopted by the Mayor and Common Council. 7 SECTION 5. California Environmental Quality Act. The 8 passage of this ordinance is not a project nor will it have any 9 significant impact on the environment. 10 SECTION 6. Severability. If any section, subsection, 11 sentence, clause or phrase of this ordinance is for any reason 12 held to be invalid or unconstitutional by the decision of a court 13 of competent jurisdiction, such decision shall not affect the 14 validity of the remaining portions of the ordinance. The Mayor 15 and Common Council of the City of San Bernardino hereby declare 16 that they would have passed this ordinance, and each section, 17 subsection, clause, sentence or phrase thereof, irrespective of 18 the fact that anyone (1) or more other sections, subsections, 19 clauses, sentences or phrases may be declared invalid or 21 20 unconstitutional. 22 for the immediate preservation of the public peace, health or SECTION 7. Urgency. This ordinance is an urgency measure 24 23 safety and shall go into effect immediately upon its adoption and 25 Section 1. approval. The facts constituting the urgency are set forth in 26 27 28 / / / / / / / / / DAB/ses/Permits.ord May 20, 1991 3 . 10 11 12 13 14 15 16 17 18 19 20 21 HC-787 1 AN ORDINANCE...IMPOSING IN CERTAIN DEFINED AREAS IN INTERIM HOLD ON APPROVAL OF DEVELOPMENT PERMITS... 2 3 I HEREBY CERTIFY that the foregoing ordinance was duly 4 adopted by the Mayor and Common Council of the City of San 5 Bernardino at a regular meeting thereof, held on the 20th 6 day of May , 1991, by the following vote, to wit: 7 Council Members: AYES NAYS ABSTAIN 8 ESTRADA x 9 REILLY x FLORES x MAUDSLEY x MINOR x POPE-LUDLAM x MILLER x G(*Cl~ The foregoing ordinance is ,this a j.x day of May , 1991. 23 22 Approved as to form and legal content: 24 25 26 27 28 JAMES F. PENMAN, City Attorney 5/2-0 , cil-rei - _ Th,'S "-''IS ~clol' Ie} ;'5 o/(D. I 0' ~r ~~'YlC,,(((11 fllll'fint S'r' eIC4Ji'. h^',,:, 1\ wT Ioe- {n~. Vev\I'I,\t\l'\ ,vv - S.\4\'\'i'\~ --(\\15 /-:) Q (j I" . By: DABjsesjPermits.ord May 20, 1991 4