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HomeMy WebLinkAboutMC-215 ., 1 ORDINANCE NO. MC-215 2 ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER 19.79 TO THE SAN BERNARDINO MUNICIPAL CODE PERTAINING TO SPECIFIC 3 PLANS; TO SET FORTH THE PURPOSE AND THE MEANS OF IMPLEMENTATION OF A SPECIFIC PLAN. 4 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO 5 DO ORDAIN AS FOLLOWS: 6 SECTION 1. Chapter 19.79 of the San Bernardino Municipal 7 Code is added to read: 8 "19.79.010 Purpose. 9 The purpose of a specific plan is to combine detailed site 10 development standards, zoning regulations, capital improvement 11 programs, and other regulatory plans into one document tailored 12 to the needs of a specific area. The primary intent of the specific plan is to implement the general plan and its elements 13 14 as set forth in California Government Code Section 65302. A 15 specific plan can be effective on sites or within areas having 16 major environmental or physical constraints. A specific plan 17 shall facilitate the processing of future residential development 18 projects by making subdivision maps exempt from further environ- 19 mental requirements under certain conditions. 20 19.79.020 Authority. 21 The Planning Commission may, on its own motion or at the 22 request of one or more property owners affected thereby, or if so 23 directed by the Mayor and Common Council shall, prepare specific 24 plans based on the general plan. 25 19.79.030 Area of application. 26 Specific plans may apply to properties within the City and 27 may be applied to any use or any combination of uses permitted by 28 Title 19 of this Code. .. Me-21S 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 - . 19.79.040 Contents of the plan. The specific plan narrative report and map shall be prepared in accordance with detailed guidelines adopted by reso- lution of the Mayor and Common Council in accordance with California Government Code Sections 65450, et seq. 19.79.050 Application for approval - Fee. A. Application for the approval of a specific plan shall be submitted to the Commission upon forms provided, setting forth in detail such data as is required by California Government Code Section 65451 and such additional data as may be required by the Commission. B. The application shall be accompanied by a fee in the amount established by resolution of the Mayor and Common Council pursuant to Sections 54990, et seq., of the California Government Code. In no event shall the fee exceed the reasonable cost of providing the service for which the fee is charged. C. In the event the City undertakes the work and responsi- bility for development of a specific plan, it shall prepare a complete cost breakdown and submit it to the Mayor and Common Council at the time the specific plan 1S presented to the l1ayor and Common Council for adoption. The l1ayor and Common Council shall impose a special fee upon persons seeking approvals which are required to be in conformity with the specific plan. The amount of the fees shall be established so that, in the aggregate they defray, but as estimated do not exceed, the cost of develop- ment and adoption of the specific plan. As nearly as may be estimated, the fee charged shall be a prorated amount in accordance with the applicant's relative benefit derived from the - 2 - Me-2IS I 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 specific plan. 19.79.060 Hearings on petition and notices thereof. A. The Commission shall hold at least one public hearing on matters referred to in petitions for specific plans. B. Notice of the time and place of the hearing, including a general description of the matter to be considered and a general description of the property for which the specific plan is proposed, shall be given at least ten days and no more than thirty days prior to the hearing, by publication at least once in a news- paper of general circulation published and circulated in the City. 19.79.070 Decision by the Commission. The Commission may recommend a specific plan by resolution carried by the affirmative votes of not less than a majority of the total voting members. A copy of any specific plan or amend- ment recommended pursuant to this chapter shall be submitted to the Mayor and Common Council accompanied by a statement of the Commission's reasons for such recommendation. 19.79.080 Review by the Mayor and Common Council. A. The Mayor and Common Council, after receipt of the resolution, report, and statement of reasons for recommendation may by ordinance or resolution adopt the plan. Before adopting the plan, the Mayor and Common Council shall hold at least one public hearing. Notice of the time and place of the hearing shall be given in the time and manner provided for the giving of notice of the hearing by the Planning Commission by publication as specified in section 19.79.060B. 19.79.090 Effect of specific plan. A specific plan shall have the same effect as the City - 3 - Me-2lS . 10 11 12 13 14 15 16 17 18 20 21 22 23 . ." 1 general plan. All subdivision maps shall require a finding of 2 consistency with the specific plan if located on property having 3 such an adopted plan. 4 19.79.100 Environmental review. 5 A. Specific plans are hereby determined to be projects as 6 defined by the California Environmental Quality Act, California 7 Government Code Sections 21000, et seq. B. Residential projects proposed on property having an 8 9 adopted specific plan for which an environmental impact report (EIR) has been certified, shall not require additional environ- mental documentation nrovided the City Environmental Review Committee finds: 1. That the certified EIR is sufficiently detailed in scope regarding the proposed projects; and 2. That the project is pursuant to and in conformity with the specific plan. C. The Environmental Review Committee may issue a notice of exemption if the findings specified in paragraph B. are made as 19 to such residential projects." 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 4th October , 1982, by the following day of 24 vote, to wi t : 28 25 AYES: Council Members Castaneda, Reilly, Hernandez, 26 Strickler 27 NAYS: None ABSENT: Council ,'lembers Quiel, Hobbs ~"?/Nl/1/la~1b / City Clerk - 4 - 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 The foregoing ordinance is hereby approved this ~~ day 2 of r6.uv 3 4 5 6 7 Approved as to form: ~-1(!; Clty Attorney 8 9 /// ~- of San ernardino - 5 -