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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: James Funk, Director
Dept: Development serviL j~ ;' ... ..; ., : L
Subject: Development Code Amendment No.
02-01 - to delete the term "transient basis".
MCC Date: July 1, 2002
Date: June 3, 2002
Synopsis of Previous Council Action:
N/A
Recommended Motion:
That the hearing be closed, and that the first reading be waived and the ordinance be laid over for
final adoption.
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Contact person:
V~lpnp r "Rn<::.<::.
Phone: 384-5057
Supporting data attached: ~tHffR".port; orc1inHn.."
Ward: Citywide
FUNDING REQUIREMENTS: Amount: N/A
Source: (Acct. No.)
(A~f't np(lf'npttnn)
Finance:
Council Notes:
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CIlY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
Subject: Development Code Amendment No. 02-01 - To Delete the Term "Transient
Basis"
Mayor and Common Council Meeting of July 1,2002
BACKGROUND
This is a City-initiated amendment to the Development Code to delete the term "transient
basis" from Section 19.02.050, Definitions and Section Y, Index. Development Code
Amendment No. 01-02 included amended definitions for Hotels and Motels and added a new
definition for Extended Lodging Facilities. The amended definitions identified the length of
stay for each type of facility and did not use the term "transient basis." Therefore, there is no
longer a need to use that term.
The proposed amendment is exempt from CEQA, Section 15061 (b)(3), General Rule. This
provision is applicable to activities where it can be determined with certainty that there is
no possibility that there may be a significant effect on the environment.
At its meeting of April 16, 2002, the Planning Commission recommended that the Mayor and
Common Council approve Development Code Amendment No. 02-0 I. Commissioners Coute,
Durr, Lockett, Ramirez, Sauerbrun, and Welch voted in favor of the proposed amendment.
Commissioners Enciso and Thrasher were absent.
Findinlls of Fact
1. The proposed amendment is consistent with the General Plan.
Yes, the proposed Development Code Amendment does not conflict with any
General Plan goals, objectives, or policies.
2. The proposed amendment would not be detrimental to the public interest, health,
safety, convenience, or welfare of the City.
The proposed amendment to the Development Code only deletes the term "transient
basis" which is no longer needed as a result of Development Code Amendment No.
01-02 which more clearly defined the length of stay at hotels, motels, and extended
lodging facilities. The proposed amendment does not affect the public interest, health,
safety, convenience or welfare of residents or visitors.
CONCLUSION
The proposed amendment does not conflict with the General Plan or Development Code.
STAFF REPORT - continued
FINANCIAL IMPACT
None, the amendment is City-initiated.
RECOMMENDATION
Staff reconunends that the Mayor and Conunon Council approve Development Code
Amendment No. 02-01, based on the Findings of Fact contained in this Staff Report.
Exhibits: 1
Ordinance
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ORDINANCE NO.
AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING
SECTION 19.02.050 (DEFINITIONS) AND SECTION V, INDEX, OF THE SAN
BERNARDINO MUNICIPAL CODE (DEVELOPMENT CODE) TO DELETE THE
TERM "TRANSIENT BASIS".
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
DO ORDAIN AS FOLLOWS:
SECTION 1. Chapter 19.02, Section 19.02.050, Definitions and Section V, Index, of the
Municipal Code (Development Code) are amended to delete the term "transient basis".
SECTION 2. Severability. In the event that any provision of this Ordinance, or any part thereof,
or any application thereof to any person or circumstance, is for any reason held to be
unconstitutional or otherwise invalid or ineffective by any court of competent jurisdiction on its
face or as applied, such holding shall not affect the validity or effectiveness of any of the
remaining provisions of this Ordinance, or any pmi thereof, or any application thereof to any
15 person or circumstance or of said provision as applied to any other person or circumstance. It is
16 hereby declared to be the legislative intent of the City that this Ordinance would have been
17 adopted had such unconstitutional, invalid, or ineffective provisions not been included herein.
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AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING
SECTION 19.02.050 (DEFINITIONS) AND SECTION V, INDEX, OF THE SAN
BERNARDINO MUNICIPAL CODE (DEVELOPMENT CODE) TO DELETE THE
TERM "TRANSIENT BASIS".
4 I HEREBY CERTIFY that the foregoing ordinance was duly adopted by the Mayor and
5 Common Council of the City of San Bernardino at a
meeting thereof, held
6 on the
, 2002, by the following vote to wit:
day of
7
8
9
10
11
12 DERRY
AYES
NAYS
ABSTAIN
ABSENT
Council Members:
ESTRADA
LIEN
MCGINNIS
13 SUAREZ
. 14 ANDERSON
15
MCCAMMACK
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17
18
19 2002.
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21
City Clerk
The foregoing ordinance is hereby approved this
day of
JUDITH V ALLES, Mayor
City of San Bernardino
22 Approved as to form
23 and legal content:
24 JAMES F. PENMAN
City Attorney
25 ~ )
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26 By>r,(..-),.,v. -t ; c.4...........,_
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-j.ft -, * *-FOR OFFICE USE ONLY. NOTA PUBLIC- DOCUMENT *
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",... RECORDS & INFORMATION MANAGEMENT PROGRAM
U: A
AGENDA ITEM TRACKING FORM
Meeting Date/Date Adopted: 7-IS~ 0 2-- Item No.
Resalutia~rdin~o. ,/y! C - fl;;;(!r Ordinance Urgency: Yes
Effective Date: ?? -/ s - 0 2-- Termination/Sunset Date:
Vote: Ayes: tJ/.JL-e 1- 1 Nays:
Abstain, ---n-- Absent: C~
7 1(,- 07--
;- / (P ~ {) '2----'
7-1(;, -07--
Date Summary Sent to Attorney:
Date Published:
Date of Clerk's Signature: ,
Date Summary Returned from Attornei:
Date Sent to Mayor:
Date Returned from Mayor:
Date of Mayor's Signature:
Meeting Type:
Continued Fro
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Date Seal Impressed:
"7
0'2.-
Exhibits Complete & Attached to Resolution/Ordinance
Reminder Letter Sent:
Reminder Letter Sent:
Reminder Letter Sent:
"'<.
Date Sent for Signature:
Expiration Date:
Copies Distributed To'
Yes
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No
Notes:
Ready to File:
Date:
COClIMENT lOCAnor+.
FCJRM!IApIda 111m TradcinI Form. CC Form No. 111 . U5C UodUcd: 1210411996