Loading...
HomeMy WebLinkAboutMC-672 . 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 ORDINANCE NO. MC-672 2 ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING SECTION 19.56.135 TO THE SAN BERNARDINO MUNICIPAL CODE TO PROVIDE FOR 3 MINOR EXCEPTION PERMITS TO THE PARKING REQUIREMENTS. 4 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: 5 SECTION 1. Section 19.56.135 is hereby added to the San 6 Bernardino Municipal Code to read as follows: 7 "19.56.135 MINOR EXCEP'rrON PERMITS 8 9 A. INTENT It is the intent of this Section to provide for the granting of minor exceptions to the parking standards of this Chapter by the Director in those cases where such minor exceptions are warranted by practical difficulties, unnecessary hardships, or results, that without the minor exception, may be inconsistent with the general intent of this Chapter. B. SCOPE A maximum ten percent (10%) reduction in the required parking standard may be permitted by the Director upon the issuance of a Minor Exception Permit and upon the finding that such reduction is consistent with the intent of this Chapter. Whenever the Director allows a minor exception from the parking standards set forth in this Chapter, he or she shall enter on the face of the Permit the parking standard that he or she imposes and the reasons for allowing the exception. DAB:br July 21, 1989 1 MC-61.2 ORD1NANCE - ADDING SECTION 19.56.135 TO THE SAN BERNARDINO MUNICIPAL CODE . TO,PROVIDE FOR MINOR EXCE'PTIOJ\i PERMITS. 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. APPLICATION Application for a Minor Exception Permit shall be made on forms provided by the Director and shall include such plans as may reasonably be required by the Director for a complete understanding of the request, and a filling fee as established by resolution of the Mayor and Common Council. A person may not file and the Director shall not accept an application which is the same or substantially the same as an application upon which final action has been taken by the City within twelve (12) months prior to the date of said application, unless accepted by a motion of the Planning Commission or City Council. D. ACTION BY DIRECTOR Not later than forty (40) days after receipt of the application, the Director shall either grant, deny, or grant with conditions, the Minor Exception Permit. Any conditions shall be such as to assure that the minor exception is within the intent of this Chapter. Non-compliance with any condition of a Minor Exception Permit shall constitute a violation of the Zoning Ordinance. Notice of the Director's decision shall be sent to the Planning Commission at its next regularly scheduled meeting. DAB:br July 21, 1989 2 KC-6n. ORDINANCE - ADDING SECTION 19.56.135 TO THE SAN BERNARDINO MUNICIPAL CODE TO,PROVIDE FOR MINOR EXCEP~ION PERMITS. 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 E. APPEALS No Minor Exception Permit shall be effective until five (5) days after issuance. Any interested person may appeal the Director's decision to the Planning Commission by filing a written appeal, on forms provided by the Director, together with an appeal fee, if any, established by resolution of the Mayor and Common Council, within this five (5) day period. Any such appeal shall suspend the Minor Exception Permit until resolution by the Planning Commission. The decision of the Planning Commission may then be appealed to the Mayor and Common Council in accordance with Chapter 2.64. F EXPIRATION If the development permitted by a Minor Exception permit is not initiated within one (1) year from the date of issuance, the Minor Exception Permit shall expire and become null and void. The Director may provide for a shorter time limit by condition of approval, or may grant extensions beyond the one (1) year period for good cause." DAB:br July 21, 1989 3 MC-614. . 10 11 12 13 14 15 16 17 18 ORD~NANC::E - ADDING SECTION 19.56.135 TO THE SAN BERN~RDI~O. MUNICIPAL CODE,T~PROVIDE FOR MINOR EXCEPTION PERMITS. 1 I HEREBY CERTIFY that the foregoing ordinance was duly 2 3 4 adopted by the Mayor and Common Council of the City of San adjourned Bernardino at an regular meeting thereof, held on the 24th day of Jul y , 1989, by the following vote, to wit: 5 AYES: Council Members Reilly, Flores, Maudsley, 6 Minor, Miller 7 NAYS: None 8 ABSENT: Council Members Estrada, Pope-Ludlam 9 ~~~Y5'/ Ciuy Clerk The foregoing ordinance is hereby approved this ;7~~I/ day of ~id,{1 , 1989. I r Pro Tempore, y of San Bernardino Approved as to form and legal content: JAMES F. PENMAN, 19 City Attorney 20 21 22 23 24 25 26 27 28 By: fk~)) (/2~ o DAB:br July 21, 1989 4