HomeMy WebLinkAboutMC-136U
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ORDINANCE NO.
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2 ORDINANCE OF THE CITY OF SAN BERNARDINO ESTABLISHING A 120
DAY MORATORIUM UPON DEVELOPMENT, CONSTRUCTION OR OCCUPANCY IN THE
3 "CLEAR ZONE" AT EACH END OF THE RUNWAY AT NORTON AIR FORCE BASE,
AND DECLARING ITS URGENCY.
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THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
5 DO ORDAIN AS FOLLOWS:
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SECTION 1. Findings. The following findings are made:
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(a) The United States Air Force has prepared and published
8 a document entitled "Air Installation Compatible Use Zone Study -
9 Norton Air Force Base, California, December 1976" (AICUZ Study),
JO a copy of which is on file in the office of the Planning Director
Jl of the City of San Bernardino. The AICUZ Study contains recom-
12 mendations for minimizing exposure to crash hazards and high
13 noise levels generated by flights and operations at Norton Air
14 Force Base. The report recommends restrictions on development
15 in the area surrounding Norton Air Force Base.
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(b) Norton Air Force Base and portions of the surrounding
J7 area are located within the City of San Bernardino.
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(c) Among the recommendations of the AICUZ Study are
19 severe limitations on development in the "clear zone" at each end
20 of the Norton Air Force Base runway.
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(d)
The Mayor and Common Council of the City of San
22 Bernardino have directed that such measures as are necessary or
23 desirable to implement the AICUZ Study be prepared, processed and
24 presented for their consideration.
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(e)
Construction, development or occupancy may occur in
26 the "clear zone" before the Hayor and Common Council have the
27 opportunity to enact the implementing measures. Such construction
28 development or occupancy may conflict with the implementing
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measures.
(f) On the 18th day of May, 1981, the Mayor and Common
Council adopted Ordinance No. MC-58 establishing a 120 day mora-
torium, as specified therein.
(g) On September 14, 1981, the Mayor and Common Council
conducted a public hearing regarding the possible extension of
Ordinance No. MC-58 for an additional period of eight months, and
on that same date, enacted Ordinance No. MC-10l extending the
moratorium an additional 120 days.
(h) The Planning Director and staff have prepared and are
now presenting to the Planning Commission suggestions for perma-
nent zoning changes in the area affected, which will be submitted
to the Mayor and Common Council for consideration and action with-
in the next 120 days.
(i) The united States Congress has recently enacted, as
part of its military appropriations bill,legislation authorizing
the United States Air Force to obtain, by purchase or eminent
domain, certain properties in the affected area so as to lessen
the hazards identified in the AICUZ Study referred to above.
(j) In order to preserve the status quo pending the
consideration of appropriate measures, and to protect the pUblic
safety, health and welfare, it is considered necessary to adopt an
urgency measure to prevent development of property for a reasonabl
time as an interim measure.
SECTION 2. Clear Zone Defined. The clear zone consists of
two areas described in the AICUZ Study. Each area is a square
three thousand feet on each side having two of its sides parallel
with and one thousand five hundred feet from either side of an
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extension of the center line of a runway running three thousand
feet from the end of the runway.
SECTION 3. Development Moratorium. So long as this
ordinance is in effect, including any period of extension, no
application for a building permit, grading permit,subdivision
map, parcel map, certificate of occupancy or other authorization
for construction upon or development, subdivision or occupancy
of any property located within the clear zone shall be accepted,
and no such permit or authorization shall be issued.
SECTION 4. Expiration of Ordinance. This ordinance shall
expire and be of no further effect on the 121st day after the date
of its adoption unless it is continued in effect by appropriate
action of the Mayor and Common Council.
SECTION 5. Home Rule Powers. This ordinance is adopted
pursuant to the home rule charter powers of the City of San
Bernardino, granted by the Constitution of the State of California
It is adopted pursuant to the limitations set forth in Sections
31 and 121 of the Charter of the City of San Bernardino.
SECTION 6. Urgency. This ordinance is an urgency measure
for the immediate preservation of the public peace, health or
safety. Provided that it is adopted by a 5/7ths vote of the
Council, this ordinance shall go into effect immediately upon its
adoption and approval. The facts constituting the urgency are
set forth in Section 1.
I HEREBY CERTIFY that the foregoing ordinance was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at a reqular meeting thereof, held on
the
day of
, 1982, by the follow-
1st
February
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ing vote, to wit.:
AYES: Council Members Castaneda, Reilly, Hernandez,
Bott.s, S tr ickler
NAYS: None
ABSENT: Council Member Hobbs
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./ City Clerk
is hereby approved this ;;'--n~ day
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The foregoing ordinance
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, 1982.
of
Approved as to form:
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