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ORDINANCE NO.
ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING MC-787
AND IMPOSING IN CERTAIN DEFINED AREAS SURROUNDING MT. VERNON
AVENUE AN INTERIM HOLD ON APPROVAL OF DEVELOPMENT PERMITS,
CONDITIONAL USE PERMITS AND OTHER ACTIONS, AND DECLARING THE
URGENCY THEREOF.
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
DO ORDAIN AS FOLLOWS:
SECTION 1. Ordinance No. MC-787 is hereby amended to read
as follows:
"1. Findings. This ordinance is adopted by the Mayor and
Common Council because it is in the best interest of the City to
place a hold on new development in the Mt. Vernon Avenue theme
area until after theme standards, a specific plan and
implementation program are adopted for this area.
A. The City has entered into a contract with the
Arroyo Group of the City of Pasadena, California, for the purpose
of preparing a specific plan and implementation program for the
Mt. Vernon Avenue theme area.
B. The Mayor and Common Council find that to allow
the development of property in the Mt. Vernon Avenue area prior
.to the adoption of a specific plan and implementation program
will undermine redevelopment goals and prevent a unified
redevelopment to this area.
C. The Mayor and Common Council further find that to
allow the development of property in the Mt. Vernon Avenue theme
area contrary to a specific plan and implementation program will
constitute an immediate threat to the public health, safety and
welfare.
/ / / /
HE/ms/mtver2.ord
May 31, 1991
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2. Limitations on Development Approval.
A.
During the period of this ordinance, the City
shall not accept, process or approve any application for a
development project in the area described in Section 3 hereof.
The term "development project" includes but is not limited to: a
General Plan amendment, tentative tract map, parcel map,
7 Conditional Use Permit, Development Permit, sign permit,
8 variance, grading permit, building permit, extension of time, or
9 any other entitlement for land use.
B.
During the period of this ordinance, all
11 departments of the City of San Bernardino are directed to not
12 accept, process or review any application relating to a
13 development project in the area described as Section 3 hereof.
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C.
Any application for a development project which
15 was deemed complete by the Director of Planning and Building
16 Services prior to the effective date of this ordinance may be
17 processed and approved by the Planning Commission or the Mayor
18 and Common Council if the application conforms with the proposed
19 theme standards, specific plan and implementation program for the
20 Mt. Vernon Avenue theme area and if the application conforms to
21 all applicable requirements in City ordinances and resolutions.
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D.
This ordinance shall not apply to applications
23 for demolition permits, building permits involving the remodeling
24 or repair of existing buildings, or public works projects.
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3.
Geographic Scope.
The limitations on development
26 approvals described in Section 2 shall apply to the area in and
27 around Mt. Vernon Avenue described as follows: Beginn~ng at the
28 intersection of the centerlines of Mt. Vernon Avenue and 10th
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May 31, 1991
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Street; thence East along the centerline of said 10th Street a
distance of 1093 feet, more or less, to the Northerly
prolongation of the East line of Lot 7, Block 19, Rancho San
Bernardino as per plat thereof recorded in Book 7 of Maps,
page 2, records of the County Recorder of San Bernardino County;
thence South along said prolongation, the East line of said Lot 7
and the Southerly prolongation thereof to the centerline of 9th
Street; thence West along said centerline of 9th Street to the
centerline of Garner Avenue; thence South along said centerline
of Garner Avenue to the centerline of 8th Street; thence West
along said centerline of 8th Street to the Northerly prolongation
of the East line of the West 135 feet of Lot 9, Block 18 of said
Rancho San Bernardino; thence South along said prolongation and
East line, a distance of 143.54 feet; thence East, a distance of
44.16 feet; thence South to a point which is 140 feet North of
16 the North line of Vine Street; thence East, a distance of 44
17 feet; thence South to the centerline of said Vine Street; thence
18 West along said centerline of Vine Street to the centerline of
19 that certain 15 foot wide North/South alley located approximately
20 140 feet East of the East line of Mt. Vernon Avenue; thence
~ South along said alley centerline to the centerline of 7th
22 Street; thence East along said centerline of 7th Street to the
23 Northerly prolongation of the West line of Block 2, Garner
24 Subdivision, as per plat thereof recorded in Book 3 of Maps,
25 page 77, records of said County Recorder; thence South along said
26 West line and its Southerly prolongation to the centerline of
27 Victoria Street; thence West along said centerline o~ Victoria
28 Street to the Northerly prolongation of the East line of Lot 11
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of Block 3 of said Garner Subdivision; thence South along said
prolongation, said East line and the Southerly prolongation
thereof to a pOint 140.06 feet South of the South line of Spruce
Street; thence East and parallel with the North line of 5th
Street to the centerline of "L" Street; thence South along said
centerline of "L" Street to the South line of that certain 14
foot wide East/West alley lying approximately 130 feet South of
the South line of said 5th Street; thence West along said South
line to the East line of Lot 7, Covington Subdivision, as per
plat thereof recorded in Book 3 of Maps, page 43, records of said
County Recorder; thence South along said East line to the
12 Southeast corner of said Lot 7; thence West along the South
13 lines of Lots 7,6,5,4,3,2 and 1 of said Covington Subdivision and
14 the Westerly prolongation thereof to the centerline of Mt. Vernon
15 Avenue; thence South along said centerline of Mt. Vernon Avenue
16 to the centerline of 4th Street; thence West along said
17 centerline of 4th Street to a point which is 150 feet West of the
18 West line of said Mt. Vernon Avenue; thence North and parallel
19 with said West line to the centerline of said 5th Street; thence
20 West along said centerline of 5th Street to the centerline of
21 Herrington Avenue; thence North along said centerline of
22 Herrington Avenue to the centerline of 6th Street; thence East
23 along said centerline of 6th Street to centerline of that certain
24 North/South alley lying approximately 150 feet West of the West
25 line of said Mt. Vernon Avenue; thence North along the centerline
26 of said alley to the centerline of 8th Street; thence East along
27 said centerline of 8th Street to a point which is l50,feet West
28 of the West line of said Mt. Vernon Avenue; thence North and
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parallel with said West line of Mt. Vernon Avenue
to the
centerline of 9th street; thence West along said centerline of
9th Street to the centerline of Herrington Avenue; thence North
along said centerline of Herrington Avenue to the centerline of
10th Street; thence East along said centerline of 10th Street to
the Point of Beginning.
4. Duration. This ordinance shall be of no further force
8 and effect six (6) months from the date of adoption unless
9 readopted by the Mayor and Common Council.
5.
California Environmental Quality Act. The passage of
11 this ordinance is not a project nor will it have any significant
12 impact on the environment.
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6.
Severability.
If any section, subsection, sentence,
14 clause or phrase of this ordinance is for any reason held to be
15 invalid or unconstitutional by the decision of a court of
16 competent jurisdiction, such decision shall not affect the
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validity of the remaining portions of the ordinance.
The Mayor
18 and Common Council of the City of San Bernardino hereby declare
19 that they would have passed this ordinance, and each section,
20 subsection, clause, sentence or phrase thereof, irrespective of
21 the fact that anyone (1) or more other sections, subsections,
22 clauses, sentences or phrases may be declared invalid or
23 unconstitutional."
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SECTION 2. Urgency. This ordinance is an urgency measure
25 for the immediate preservation of the public peace, health or
26 safety and shall go into effect immediately upon its adopt .n and
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28 Section 1.
approval.
The facts constituting the urgency are set forth in
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ORDINANCE. . AMENDING MC-787. . HOLD ON APPROVAL OF
DEVELOPMENT PERMITS, CONDITIONAL USE PERMITS AND OTHER ACTIONS
AND DECLARING THE URGENCY THEREOF.
I HEREBY CERTIFY that the foregoing ordinance was duly
adopted by the Mayor and Common Council of the City of
San Bernardino at a
meeting thereof, held on the
, 1991, by the following vote, to wit:
day of
Council Members:
AYES
NAYS
ABSTAIN
ESTRADA
REILLY
HERNANDEZ
MAUDSLEY
MINOR
POPE-LUDLAM
MILLER
City Clerk
The foregoing ordinance is hereby approved this
day
of
, 1991.
w. R. Holcomb, Mayor
21 City of San Bernardino
22 Approved as to form
and legal content:
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JAMES F. PENMAN,
City Attorney
1'1
HE/ms/mtver2.ord
May 31, 1991
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