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HomeMy WebLinkAbout33-Council Office -' Ll JL ~ JU. - C'T~'OF SAN BERNACDINO- REQUEST FCO COUNCIL ACTION. D8te: May 10, 1991 Su~Mrt: Ordinance Amending Sections 19.02.040, 19.31.010 & 19.70.020 of the Municipal Code Relating to Interpretation of the General Plan by the planning Commission Fnxn:Legislative Review Committee Councilman Tom Minor, Chairman Dept: Council Office Synopsis of Previous Council Mrtion: Recommencled motion: That further reading of the ordinance be waived and it laid over for final adoption. \.\. yes Phone: W.-d: 5208 ContKt penon: Philip A. Arvizo Supporting data .tllodlecl: FUNDING REQUIREMENTS: Amount: SouI'Cll: IAcct. No.1 IAcct. Descriotionl FinlllCl: Council No18s: '71t..n'62 Agenda Item NO--3.3....-- 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 IL 1 - o o 1 ORDINANCE NO. 2 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTIONS 19.02.040, 19.31.010 AND 19.70.020 OF THE SAN BERNARDINO 3 MUNICIPAL CODE (THE DEVELOPMENT CODE) RELATING TO INTERPRETATION OF THE GENERAL PLAN BY THE PLANNING COMMISSION. 4 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO 5 DO ORDAIN AS FOLLOWS: 6 SECTION 1. Subsection 2.C. of Section 19.02.040 of the San 7 Bernardino Municipal Code relating to powers of the Planning 8 Commission is hereby amended to read as follows: "C. POWERS Final approval for Variances, Specified Development Permits, Conditional Use Permits, Tentative Parcel Maps, Tentative Tract Maps, Reversions to Acreage, and Vesting Tentative Tract Maps, subject to appeal to the Mayor and Common Council. Also, the Commission recommends to the Mayor and Common Council for final determination on the following entitlements: Specific Plans, General Plan Amendments, Development Code Amendments, Development Agreements, and Surface Mining and Land Reclamation Plans. The Commission may also impose conditions of approval or make interpretations of the General Plan which may be appealed to the Mayor and Common Council." SECTION 2. Subsection 3.C of Section 19.02.040 of the San 24 Bernardino Municipal Code relating to powers of the Director of 25 Planning and Building Services is hereby amended to read as 26 follows: 27 28 "C. POWERS Final approval authority for and enforcement of DAB/ses/PlanComm.ord May 8, 1991 1 1 2 3 4 5 6 7 8 9 10 11 L o o Building Permits, Certificate of Occupancy, Specified Development Permits, Home Occupation Permits, Minor Exceptions, Minor Modifications, Sign Permits, Similar Use Determinations and Temporary Use Permits. All of the above, except Building Permits and Certificates of Occupancy, are subject to appeal to the Planning Commission. The Director may impose conditions of approval or make interpretations of this Development Code, which may be appealed to the Planning Commission." SECTION 3. Table 31.01, incorporated into the San 12 Bernardino Municipal Code by Section 19.31.010 is hereby amended 13 to read as shown on Exhibit A attached hereto and incorporated 14 herein. 15 SECTION 4. Section 19.70.020 of the San Bernardino 16 Municipal Code is hereby amended to read as follows: 17 18 19 20 21 22 23 24 25 26 27 28 "19.70.020 PROCEDURE The Director of Planning and Building Services has the authority to make Development Code interpretations and the Commission has the authority to make General Plan interpretations. A written appeal of any interpretation of the provisions of this Development Code or of the General Plan may be filed, together with all required fees, with the Department pursuant to Chapter 19.66. The appeal shall specifically state the Development Code or General Plan provision(s) in question, and provide any information to assist in the review of the appeal. The decision of the Director DAB/ses/PlanComm.ord May 8, 1991 2 ~ J:1 . J:J .L- o o 1 AN ORDl:NANCB... RBLATDfG TO DftBRPRB'l'ATl:ON OF...'rIIB GENERAL PLAN BY 'rIIB PLANNl:NG COIMl:SSl:ON. 2 3 may be appealed to the Commission. The decision of 4 the COmmission may be appealed to the COuncil. 5 l: HEREBY CERTl:FY that the foregoing ordinance was duly 6 adopted by the Mayor and Common Council of the City of San 7 Bernardino at a meeting thereof, held on the 8 day of , 1991, by the fOllowing vote, to wit: 9 Council Members: AYES NAYS ABSTAl:N 10 ESTRADA 11 REl:LLY 12 FLORES 13 MAUDSLEY 14 MINOR 15 POPE-LUDLAM 16 MILLER 17 18 City Clerk 19 The foregoing ordinance is hereby approved this day 20 of , 1991. 21 22 w. R. Holcomb, Mayor City of San Bernardino 23 Approved as to form 24 and legal content: 25 JAMES F. PENMAN, City Attorney 26 27 28 DAB/ses/PlanCOmm.ord May 8, 1991 3 - - o ARTIO IV . ADMINISTRATION TABLE 31.01 Director DRC Commission Council Certificate of Occupancy X Home Occupation Permits X Interpretations (Dev. Code) X Interpretations (General Plan) )( Temporary Use Permits X Minor Modifications X Minor Exceptions X Variances X Development Permits Residential: 1 - 4 Dwelling Units X 5 - 11 Units X 12 + Units X or X Commerdal: Occupancy Permit/ Tenant Improvements X All Other Improvements X Industrial: Occupancy Permit/ Tenant Improvements X All Other Improvements X Development Permits - Mise. Antennae X or X Fences and Walls X Recycling Facilities X Conditional Use Permits X Lot Line or Boundary Adjustment X Reversions to Acreage- X Tentative Parcel Maps X Tentative Tract Maps X Final Maps X Specific Plans (X).. X General Plan Amendments (X).. X .. Commission recommends to Council for final determination : _ The merger of 4 or fewer parcels is subject to approval by the City Engineer, pursuant to Section 19.50.110. IV.2 5191 EXHIBIT A .' 0 ARTIA IV. ADMINISTRATION TABLE 31.01 (can't) Di~tor DRe Cnmmission Council Development Code Amendments (X). X Design Review X Development Agreements (X). X Landscape Plans X Surface Mining and Land Reclamation (CUP) (X). X Sign Permits/Program X Tree Removal X · Commission recommends to Council for final determination " -. IV-3 3J91