HomeMy WebLinkAboutMC-134U
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ORDINANCE NO.
HC-134
2 ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER
19.78 OF THE SAN BERNARDINO MUNICIPAL CODE TO CHANGE THE TITLE
3 TO CONDITIONAL USE PERMITS, TO ADD AND DELETE CERTAIN ADDITIONAL
USES PERMITTED, TO ~ffiKE DECISION OF PLANNING CO~ll1ISSION
4 FINAL; AND DECLARING THE URGENCY THEREOF.
5 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
DO ORDAIN AS FOLLOWS:
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SECTION 1. The title of Chapter 19.78 of San Bernardino
8 Municipal Code is "CONDITIONAL USE PERMITS".
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SECTION 2. Chapter 19.78 of the San Bernardino Municipal
JO ~ode is amended to read as follows:
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"19.78.010 Location of permitted uses.
12 Whenever it is stated in this title that certain uses may
13 ~e permitted in a land use zoning district subject to securing a
14 conditional use permit, such uses are deemed to be part of the
]5 development of the General Plan or its objectives and shall conform
16 ~hereto, and to the requirements and procedures of this chapter.
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19.78.020 Additional uses permitted.
]8 The following uses may be permitted, subject to securing
]9 ~ conditional use permit, in zones from which they are otherwise
20 prohibited by this title, where such uses are deemed essential or
21 ~esirable to the public convenience or welfare, and are in harmony
22 ~ith the General Plan and its elements and objectives.
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1. Airport or aircraft landing field;
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2. Cemeteries;
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3. Churches;
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4. Excavation and processing of natural resources (excluding
27 ~rilling for or producting oil, gas, or other hydrocarbon substance)
28 ~ogether with the necessary buildings, apparatus, or appurtenances
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incidental thereto, including mixing and batch plants; provided
that the excavation and production of rock, sand, and gravel shall
e restricted to the C-M, Commercial Manufacturing districts, M-l,
ight Industrial districts, M-IA, Limited Light Industrial district ,
General Industrial districts, and 0, Open districts;
5. Golf courses, driving ranges, miniature golf courses,
nd similar uses;
6. Governmental facilities;
7. Public utilities and service facilities; cable TV antennae
owers, and associated facilities under a valid existing CATV
hise agreement with the City;
8. Stadia;
9. Riding stables or academies;
10. Institutional uses, including but not limited to hos-
itals, convalescent homes, rest homes, sanitariums, and
'nstitutions for the confinement and/or treatment of alcoholics
nd/or the mentally ill, and social care facilities;
11. Kennels;
12. Licensed day care centers that meet requirements of the
alifornia State Department of Health;
13. Manufactured housing rental parks (mobile home) and
ppurtenant uses;
14. Parks, playgrounds or tot lots, either public or
rivate;
15. Planned residential development (grouping residential
nits with common open space areas) as specified in Section
9.18.020 of the San Bernardino Municipal Code;
16. Private clubs, lodges, fraternities, and sororities;
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17. Private educational institutions, including but not
imited to private elementary, junior and senior high schools, and
olleges;
18. Senior citizen housing complex within the C-3, General
ommercial, C-3A, Limited General Commercial, C-4, Central Business
istrict, and A-P, Administrative-Professional districts;
19. Commercial use in any structure originally designated
r intended for single family residential purposes within the C-l,
eighborhood Commercial, C-2, Community Commercial, C-3, General
ommercial, C-3A, Limited General Commercial, and A-P, Administra-
ive-Professional districts subject to the following use limitation
nd site development standards:
(A) Uses of the residential structure shall be
imited to the following uses as permitted in the underlying zone:
1. General business service firms, offices, and
gencies~
2. Medical-dental offices;
3. Antique shops or art galleries;
4. Barber or beauty shops;
5. Book stores;
6. Gift or hobby shops;
7. Restaurant and/or coffee shop (enclosed);
8. Day care centers;
(B) Structure shall conform to all provisions of
he Uniform Building Code as adopted by the City of San
ernardino.
(C) Structure shall conform to all provisons of
he Uniform Fire Code for commercial structures except as
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1 odified, in whole or in part, by the Chief Engineer of the Fire
2 epartment, City of San Bernardino;
3 (D) The exterior of the structure shall be altered
4 0 as to no longer have the appearance of a residential structure,
5 xcept in cases where the architecture of the structure is
6 onsidered for preservation by the Planning Department and as
7 pproved by the Planning Commission;
8 (E) Unless the structure is modified or altered
9 0 use the setback areas in conformance with the applicable zoning,
]0 he original setback areas of the residential structure shall
]] e maintained and landscaped with lawn, trees, shrubs, or other
12 atural planting materials;
]3 (F) All parking shall be provided to the rear of
]4 he structure and shall include a minimum of a 20 foot wide,
]5 wo-way vehicular access to a public street except as approved
]6 y the Planning Commission;
]7 20. Unlisted uses permitted. Where ambiguity exists con-
]8 erning the appropriate classification and procedure for the
]9 uthorization of a particular use or type of development within the
20 eaning and intent of this code, said use or type of development
21 authorized by conditional use permit (C.U.P.). ~ihere a use
22 expressly authorized or permitted in a particular zone (but
23 hich is authorized in another zone) and which use the Planning
24 irector, or his designated representative, finds to be similar
25 0 and compatible with the uses permitted or conditionally permitte
26 n said zone, it shall be deemed a use conditionally permitted in
27 aid zone, provided that a conditional use permit is first obtained
28 21. When, for certain reasons, the applicant for a condi-
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ional use permit requires waiver(s) of specific standards from
he underlying zone, the applicant may, at the time of submitting
he application for conditional use permit, make a written request
o waive those development standard(s). The Commission may grant
waiver when such waiver is found to be not contrary to the
indings of fact required for granting said Conditional Use
ermit.
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19.78.030 Application for approval - Fee.
A. Application for the approval of any use referred to in
section shall be submitted to the Commission upon forms pro-
ided, setting forth in detail such data as may be required by the
ommission. The application shall be accompanied by:
1. Three copies of a map showing the surrounding
oning, land uses, and property ownership within five hundred
eet of the property which is the sUbject of the proposed condition 1
property ownership shall be as shown on the last
assessment roll;
2. Four sets of mailing labels setting forth the
addresses, and zip codes of all persons, including
usinesses, corporations, or other public or private entities,
hown on the last equalized assessment roll as owning real property
five hundred feet of the property which is the subject
the proposed conditional use permit.
B. The application shall be accompanied by a fee in an
mount established by resolution of the Mayor and Common Council
o cover the costs and expenses involved. Any and all petitions
o be filed under and pursuant to the provisions of this and other
ections requiring conditional use permits must be filed with
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he Commission on or prior to the filing deadline as prescribed
y the Planning Department.
19.78.040 Hearings on petition and notices thereof.
A. The Commission shall hold at least one public hearing
matters referred to in petitions for conditional use permits
than forty-five days after the petition is received and
accepted as complete by the Planning Department.
The Planning Department shall acknowledge the acceptance
r rejection of a petition for conditional use permit, based upon
he completeness of said petition, within a period of not to
xceed five working days.
B. Notice of the time and place of the hearing, including
general description of the matter to be considered and a general
escription of the property for which the conditional use permit
s proposed, shall be given at least ten days before the hearing,
n the following manner:
1. The notice shall be published at least once in
newspaper of general circulation published and circulated in
he City.
2. The notice shall be mailed or delivered to all
including businesses, corporations, or other public
r private entities shown on the last equalized assessment roll
s owning real property within five hundred feet of the property
the subject of the proposed conditional use permit.
C. Provided there is compliance with Items 1 and 2 of
19.78.040B, failure of any person to receive the notice
equired by this section shall not invalidate any action taken.
19.78.050 Required findings.
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1 All conditional use permits may be granted by the Mayor
2 and Common Councilor Planning Commission after the required
3 ublic hearings. Before the Mayor and Common Councilor Planning
4 Commission may grant any request for a conditional use permit,
5 it must make a finding of fact that the evidence presented shows
6 that all of the following conditions exist:
7 1. The proposed use conforms to the objectives of the
8 ity's General Plan Elements;
9 2. That the proposed use will not adversely affect the ad-
10 joining land uses and the growth and development of the area in
11 hich it is proposed to be located;
12 3. That the size and shape of the site proposed for the
13 use is adequate to allow the full development of the proposed use
14 in a manner not detrimental to the particular area nor to the peace,
15 ealth, safety, and general welfare;
16 4. That the traffic generated by the proposed use will not
17 impose an undue burden upon the streets and highways designed and
18 'mproved to carry the traffic in the area, and that adequate park-
19 ng is provided;
20 5. That the granting of the conditional use permit under
21 he conditions imposed, if any, will not be detrimental to the
22 eace, health, safety, and general welfare of the citizens of the
23 i ty of San Bernardino.
24 19.78.060 Conditions of approval.
25 The Commission shall set forth such conditions as it deems
26 ecessary and reasonable to protect the best interest of the
27 urrounding property or neighborhood, and the General Plan or
28 he intent thereof.
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19.78.070 Decision by the Commission.
The decision of the Commission shall be final unless
~ppealed in writing to the Mayor and Common Council. The written
~ppeal shall be submitted to the office of the City Clerk within
~en days from the date of the Commission's decision. The Common
~ouncil, after receipt of the appeal, shall conduct a public
hearing and may either approve, modify or reject the decision
Jf the Planning Commission.
19.78.080 Temporary use.
Notwithstanding any other provision of law to the contrary,
the Planning Commission may grant immediate permission with con-
jitions for the temporary use of vacant land, not to exceed ninety
jays, for religious purposes and for assembly group meetings,
public gatherings or related purposes in C-l, C-2, C-3, C-3A,
~-4, C-M, M-l and M-2 districts and for City sponsored events in
any zoning district; and may authorize the erection of tents and
portable buildings for such uses.
19.78.090 Christmas tree sales.
Notwithstanding any other provision of law to the contrary,
the City Clerk is authorized to issue a business license, and to
~rant permission for Christmas tree sales on vacant land during
the months of November and December of each year to each applicant
Nho presents an approved certificate of occupancy and who thereafte"
complies with each condition of the certificate.
19.78.100 Temporary grazing of cattle.
A. Notwithstanding any other provision of law, particularly
ritle 6 of this Code, to the contrary, the Planning Director is
empowered to grant permission for the temporary use of vacant
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and not to exceed one year, with annual renewals thereafter with
Lhe approval of the Mayor and Common Council, for the purpose of
~he temporary grazing of cattle subject to the conditions herein-
after set forth:
1. "Cattle", as used in this section means steers,
~ows and any calf under the age of one year.
2. "Land", as used in this section, means a parcel
~f property not less than five acres in area.
3. An applicant for such use has first submitted a
plot plan to the Planning Director for approval.
4. The Planning Director shall approve the use provided
~hat:
a. The total number of animals, except cows com-
prising part of the herd of a valid and presently operating dairy,
hall not exceed one animal per acre;
b. The stabling or pasturing of the animals shall
ot be within one hundred fifty feet of a building or structure
sed or intended to be used for human occupancy or within fifty
eet of any neighboring property line;
c. A letter from the county health officer indicate
hat such use will not be a hazard to the public health; and
d. There is compliance with all other applicable
aws of the City.
5. The Planning Director shall revoke such approval of
emporary grazing whenever:
a. The user of the land has violated any law or
ondition with respect to the use of the land; or
b. He receives notification by the county health
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officer that such use of land is a hazard to the public health; or
c. He receives notification by the Mayor and Commo
Council that the use should be terminated.
B. Such notice of termination shall become effective, and
further use shall cease forty-eight hours after notice has been
mailed to the user of the land by first-class mail at the address
shown on the plot plan.
19.78.110 Revocation, modification and voiding.
A. The Commission may, and upon the direction of the Council
shall, hold a public hearing to consider the revocation of a
conditional use permit. Such permit can be revoked if, from facts
presented at the public hearing or by investigation, the Commissio
finds anyone or more of the following grounds:
1. The permit approval was obtained by fraud; or
2. The permit is being or has been exercised contrary
to the conditions of such permit or in violation of any applicable
licenses, permits, regulations, laws or ordinances; or
3. The use for which the permit approval was granted is
being or has been exercised so as to be detrimental to the public
health or safety or to constitute a nuisance.
B. Written notice of the date, time, place and purpose of
such public hearing shall be served on the owners of the property
for which the permit was granted by registered mail, postage pre-
paid, return receipt requested, not less than ten days prior to
the date of such hearing.
C. The Commission shall make its findings and decision
within forty days after the date of the hearing and shall transmit
a copy thereof to the owner and the Common Council.
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D. The Commission may modify the conditions of the permit
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fter the hearing if the grounds justifying a revocation can be
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ured or corrected by the imposition of new, additional or
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odified conditions.
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E. Any person aggrieved or affected by the decision of the
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fommission may appeal to the Common Council within ten days after
,he date of the decision.
F. A conditional use permit shall become null and void
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if:
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1. The use for which the permit was granted has ceased
11 0 exist; or
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2. The owner of the property for which the permit was
13 ranted requests in writing that the permit be void and the
14 ommission approves such request."
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SECTION 3. Urgency. This ordinance is an urgency
measure
16 ecessary for the immediate preservation of the public welfare and
17 hall go into effect immediately upon its adoption and approval.
18 he facts constituting such urgency are: Legislation is presently
19 ending before the Congress of the United States to eliminate
20 ax exempt Industrial Development Bonds. This ordinance is
21 ecessary to expedite approval of projects financed by such bonds
22 efore such legislation is enacted. These projects will produce
23 ignificant tax revenues for the City and reduce unemployment.
24 I HEREBY CERTIFY that the foregoing ordinance was duly
25 dopted by the Mayor and Common Council of the City of San
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regular
meeting thereof,
ernardino at a
day of
January
, 1982, by the
18th
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28 ollowing vote, to wit:
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AYES:
Council Members Castaneda, Reilly, Botts, Hobbs,
Strickler
NAYS:
None
Council Member Hernandez
ABSENT:
.#i?4(;Pt?fa~/
City Clerk
day
is hereby approved
Th(\foregoing ordinance
.~
f
pproved as to form:
~
t?
. 1982.
Bernardino
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