Loading...
HomeMy WebLinkAboutMC-781U , , ORDINANCE NO. MC-781 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 URGENCY ORDINANCE OF THE CITY OF SAN BERNARDINO REPEALING CHAPTERS 15.32, 15.52, 15.56, 15.72, 17.04, TITLE 18 AND TITLE 19, READOPTING TITLE 19 AS THE DEVELOPMENT CODE, AND AMENDING SECTIONS 15.20.030 AND 15.20.040 OF THE SAN BERNARDINO MUNICIPAL CODE REGARDING LAND USE AND THE SUBDIVISION REGULATIONS TO IMPLEMENT THE CITY OF SAN BERNARDINO'S GENERAL PLAN; REORGANIZATION AND UPDATES INCLUDING NEW LAND USE CLASSIFICATIONS, NEW LAND USE AND OVERLAY DISTRICTS, REVISED LAND USE APPLICATION PROCEDURES, REVISION OF SIGN REGULATIONS; REPEALING ALL PREVIOUS LAND USE ZONING DISTRICT MAPS; AND ADOPTING THE OFFICIAL LAND USE MAP. The Mayor and Common Council of the city of San Bernardino do ordain as follows: SECTION 1. The Mayor and Common Council find and declare: A. The City of San Bernardino General Plan adopted by resolution by the Mayor and Common Council on June 2, 1989 establishes a new framework of land use policies and a new official land use plan with revised land use and overlay district designations for all incorporated property in the City of San Bernardino. B. The new policy framework established by the city of San Bernardino General Plan is not compatible with the land use regulation system established by Title 19 of the San Bernardino Municipal Code prior to the adoption of the interim urgency zoning ordinance. C. The regulation system needs to be compatible and properly implement the policies established by the General Plan so that the citizens of the City of San Bernardino may be allowed to propose and respond to any land development projects in an understandable and timely manner, that is both responsive IIII IIII 1 t Me-7S1 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 to community desires and allows applicants proper due process in review procedures. SECTION 2. Chapters 15.32, 15.52, 15.56, 15.72, 17.04, Title 18 and Title 19, of the San Bernardino Municipal Code, and any amendments thereto prior to the adoption of this ordinance, are hereby repealed. SECTION 3. Title 19 of the San Bernardino Municipal Code is added to read as shown in Exhibit "A." SECTION 4. All existing zoning land use district maps are hereby repealed. The City of San Bernardino Land Use Plan/ Land Use zoning Districts Map is adopted as part of Title 19. Said map is on file with the City Clerk and is available from the Department of Planning and Building Services. SECTION 5. Section 15.20.030 is hereby amended to read: "15.20.030 certificate of Occupancy Required. A. Buildings, Structures and Vacant Property. No vacant, relocated, altered, replaced, or hereafter erected structure shall be occupied, or no change in use of land or structure(s) shall be inaugurated, or no new business commenced until a certificate of Occupancy has been issued by the Department of planning and Building Services. B. Valid Certificate. A certificate of Occupancy or temporary Certificate of Occupancy shall not be deemed to be valid if it has expired, been denied, withheld, revoked, failed to pass a fire inspection, or a new Certificate of Occupancy was required but had not been obtained. IIII IIII 2 MC-78'1 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 C. Posting certificate. The owner of the business building or structure shall display this certificate in a conspicuous place. In addition, the owner of a building or structure shall provide a copy of the certificate to all lessees, renters and purchasers of the property." SECTION 6. section 15.20.040 is hereby amended to read: "15.20.040 Conditions Requiring Application. A new certificate of Occupancy shall be required whenever: 1. Construction of the building or structures is completed. 2. A building or structure has been vacant for more than 180 days. 3. A building or structure has had alterations requiring permits. 4. A building or structure changes its existing zoning or building occupancy classification, or division within the same building occupancy classification. 5. Vacant property is being used or occupied." SECTION 7. This is an urgency ordinance that will take effect on June 3, 1991 and pursuant to Government Code section 65858 will be effective only until June 6, 1991, and thereafter will be of no further force and effect. The reason for the urgency is that the new Development Code has been completed and has been subjected to numerous public hearings and pUblic review thereby exceeding the effective date of such Development Code to a date after the expiration of the interim zoning, IIII IIII 3 . MC-781 . 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 leaving the applicable zoning for the interim period in question. This urgency ordinance is necessary to protect the public health, safety and welfare of the residents of the City of San Bernardino. IIII IIII IIII IIII IIII IIII IIII IIII IIII IIII IIII IIII IIII IIII IIII IIII IIII IIII IIII IIII IIII IIII IIII IIII 4 . 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 MC-781 ORDINANCE...RE~EALING CHAPTERS 15.32, 15.52, 15.56, 15.72, 17.04, TITLE 18 AND 19,...AND ADOPTING THE OFFICIAL LAND USE ZONING MAP I HEREBY CERTIFY that the foregoing ordinance was duly adopted by the Mayor and Common Council of the City of San Bernardino at an Adjourned meeting thereof, held on the 22nd day of April , 1991, by the following vote, to wit: Approved as to form and legal content: JAMES F. PENMAN c~/ By: 5