HomeMy WebLinkAboutMC-501U
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ORDINANCE NO. ,'J,e-SOl
ORDINANCE OF THE CITY OF SAN BERNARDINO IMPOSING A 120-DAY
MORATORIUM ON THE ISSUANCE OF BUILDING PERMITS AND PLANNING
APPROVALS WITHIN THE AREA BOUNDED BY nEn STREET, RIALTO AVENUE,
1-215 FREEWAY AND MILL STREET, AND PROVIDING FOR EXEMPTIONS UPON
APPROVAL OF THE MAYOR AND COMMON COUNCIL, AND DECLARING THE
URGENCY THEREOF.
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
DO ORDAIN AS FOLLOWS:
SECTION 1. Findings. The following findings are made:
(a) The Mayor and Common Council have directed that a study
be made of the proposed development of the area bounded on the
east by "E" Street, on the north by Rialto Avenue, on the west by
the 1-215 Freeway, and on the south by Mill Street, and have
contracted with URS, Inc., to study the area, and make
recommendations as to its development in the best long-range
interest of the City of San Bernardino.
(b) URS, Inc., has made a preliminary report to the Mayor
and Common Council recommending the realignment of nFn Street and
nGn Street through the study area, and the Mayor and Common
Council have approved such realignment in principle.
(c) The preliminary report of URS, Inc., to the City of San
Bernardino indicates that many of the uses now permitted within
that area are inconsistent with the long-term growth and
development of the City of San Bernardino, and particularly of
the study area, and constitute blighting influences. The Mayor
and Common Council find that to permit such conditions to
continue during the study period would detract from the
feasibility of the study, and render some of the more important
development recommendations impossible or extremely difficult to
achieve.
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Me, SOl' ,t
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(d) The Mayor and Common Council of the City of San
2 Bernardino have directed that the study of the study area proceed
3 with all due diligence, and that the staff of the City commence
4 activities toward establishment of an assessment district to
5 provide the public improvements required.
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(e) The Community Development Committee of the City of San
7 Bernardino has taken action to acquire property needed to
8 implement the full development of the study area in a manner
9 designed to obtain for the City the maximum advantage of
10 development.
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(f) Construction, development or occupancy may occur in the
12 study area which is inconsistent with the long-range development
13 of the property in the best interest of the City of San
14 Bernardino. Such construction, development or occupancy may
IS conflict with implementing measures to be adopted by the Mayor
16 and Common Council.
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(g) In order to preserve the status quo pending the
18 consideration of appropriate measures, and to protect the public
19 safety, health and welfare, it is considered necessary to adopt
20 an urgency measure to prevent the development of property for a
21 reasonable time in the study area as an interim measure, except
22 when such interim development is clearly consistent with the
23 plans being developed.
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SECTION 2. Study Area Defined. The study area consists of
25 that area bounded on the east by BEB Street, on the north by
26 Rialto Avenue, on the west by the 1-215 Freeway, and on the south
27 by Mill Street, in the City of San Bernardino, which area is also
28 included in the Central City South Redevelopment Project Area.
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1 SECTION 3. Building and Development Moratorium. So long as
2 this ordinance is in effect, including any period of extension,
3 no application for a building permit, grading, subdivision map,
4 parcel map, certificate of occupancy or other authorization for
5 construction upon or development, subdivision or occupancy of any
6 property located within the study area shall be approved, and no
7 such permit or authorization shall be issued except upon the
8 specific approval of the Mayor and Common Council of the City of
9 San Bernardino granted under the provisions of Section 4 hereof.
10 SECTION 4. Development Upon Approval by Mayor and Common
11 Council. Upon request for a building permit, grading permit,
12 subdivision map, parcel map, certificate of occupancy or other
13 authorization for construction upon or development, subdivision
14 or occupancy of any property located within the study area, being
15 submitted to the Mayor and Common Council during the term of this'
16 ordinance, and upon a finding by the Mayor and Common Council
17 that any such building permit, grading permit, subdivision map,
18 parcel map, certificate of occupancy or other authorization for
19 construction upon or development, subdivision or occupancy of any
20 property located within the study area would be entirely
21 consistent with the development plan being studied for eventual
22 adoption, and would be consistent with and not in derogation of
23' the optimal development of the study area on a long-term basis,
24 the Mayor and Common Council may grant an exception to the
25 building and development moratorium established in Section 3 of
26 this ordinance, upon such terms and conditions as the Mayor and
27 Common Council may establish.
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MC-'-501
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SECTION 5. Expiration of Ordinance. This ordinance shall
2 expire and be of no further effect on the 121st day after the
3 date of its adoption unless it is continued in effect by
4 appropriate action of the Mayor and Common Council.
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SECTION 6. Home Rule Powers. This ordinance is adopted
6 pursuant to the home rule charter powers of the City of San
7 Bernardino, granted by the Constitution of the State of
8 California. It is adopted pursuant to the limitations set forth
9 in Sections 31 and 121 of the Charter of the City of San
10 Bernardino.
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SECTION 7. Urgency. This ordinance is an urgency measure
12 for the immediate preservation of the public peace, health or
13 safety. Provided that it is adopted by a 5/7ths vote of the
14 Council, this ordinance shall go into effect immediately upon its
15 adoption and approval. The facts constituting the urgency are
16 set forth in Section 1.
17 I HEREBY CERTIFY that the foregoing ordinance was duly
18 adopted by the Mayor and Common Council of the City of San
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20
Bernardino at a
regular
meeting thereof, held on the
, 1986, by the following vote, to
3rd
day of
March
21 wi t:
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AYES:
Council Members EstraJa, Reilly, Hernandez,
Quiel, Frazier
NAYS:
Council Members Marks, Strickler
ABSENT:
None
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City G:~erk,
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,
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of
The foregoing ordinance is hereby approved this 6th
· 1986. R~~~z/-,>~
Mayor of the City of San B rnardino
day
March
Approved as to form:
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City Attorney
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