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CIO OF SAN BERNARDOO - REQUOT FOR COUNCIL Ac:OON
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From: Ralph H. prince
Subject: Interim Ordinance _ Restrictions
on Development
Dept: City Attorney
Date: April l, 1987
Synopsis of Previous Council ection:
3/24/87
City Attorney was directed to prepare an interim ordinance
imposing restrictions on development.
Recommended motion:
Adopt urgency ordinance.
/&;;;)~~
/ Signature
Contlct plrlOn: Cynthia Grace
Supporting dltl Ittached: Yes
Phonl:
5056
Ward:
All
FUNDING REQUIREMENTS:
Amount:
None
Source: (ACCT, NO,)
(ACCT. DESCRIPTION)
Finance:
Council Note.:
75.D2I2
Agenda Item No.
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ORDINANCE NO.
2 ORDINANCE OF THE CITY OF SAN BERNARDINO IMPOSING IN CERTAIN
JEFINED AREAS AN INTERIM HOLD ON APPROVAL OF GENERAL PLAN
AMENDMENTS, RESIDENTIAL ZONE CHANGES AND OTHER RESIDENTIAL
3 ACTIONS DEFINED AS DISCRETIONARY, AND DECLARING THE URGENCY
4 THEREOF,
5 THE 11AYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
DO ORDAIN AS FOLLOWS:
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SECTION l, Findinas. This ordinance is adopted by the
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Mayor and Common Council because the Council finds that there is
8 a current and immediate threat to the public health, safety, or
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welfare, and that the approval of additional subdivisions, use
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permits, or any other applicable entitlement for use which is
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required to comply with any amendments to the General Plan,
specific plans or zone changes would constitute a threat to the
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preservation of public health, safety and welfare.
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SECTION 2. Limitations on Develooment Aooroval.
A. During the period of this ordinance, the City shall not
accept, process or approve a General Plan amendment, specific
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plan, residential zone change, residential conditional use
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permit, planned residential development, tentative residential
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subdivision map, residential parcel map, or any other type of
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discretionary planning approval relating to residential
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development by the Planning Commission or Common Council
B. During the period of this ordinance, all departments are
directed to not accept, process or review any planning
applications relating to residential development which require
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discretionary action by the Planning Commission 0: Common
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Council.
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1 C. This ordinance shall not apply to variances or to
2 projects or activities defined as ministerial, including
3 Development Review Committee approvals, nor infill housing, as
4 defined in San Bernardino Municipal Code Section 3.l8.030:
5 SECTION 3. Geooraohic Scooe. The limitations on
6 development approvals described in Section 2 shall apply to those
7 areas of the City lying north and east of a line described as
8 follows: commencing at the point where the center line of
9 Interstate Highway 215 intersects the northernmost limit of the
10 city of San Bernardino, thence southerly along the center line of
11 Highway I-2l5 to the center line of Plam Avenue; thenCe easterly
12 along the center line of Palm Avenue to the center line of
13 Kendall Drive; thence southeasterly along the center line of'
14 Kendall Drive to the center line of 40th Street; thence easterly
15 along the center line of 40th Street to the center line of
16 Waterman Avenue; thence southerly along the center line of
17 Waterman Avenue to the center line of Parkdale Drive; thence
18 easterly along the center line of Parkdale Drive, extended to the
19 center line of Harrison Street; thence southerly along the center
20 line of 3arrison Street to the city limit boundary line between
21 34th and 35th Streets; thence easterly along the city limit
22 boundary line, extended, to the city limit boundary line situated
23 i~rnediately westerly of Ferndale Street; thence 30utherly on said
24 city limit boundary line to the center line of Eureka Street;
25 thence eastedya-long the center line of Eureka Street to the
26 center line of Del Rosa Avenue; thence southerly along the center
27 line of Del Rosa Avenue to the center line of Citrus Street;
28 thence easterly along the center line of Citrus Street to the
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1 Atchison, Topeka and Santa Fe Railroad right-of-way; thence
2 southeasterly along the Atchison, Topeka and Santa Fe Railroad
3 right-of-way to the center line of Highland Avenue; thence
4 easterly along the center line of Highland Avenue to the center
5 line of Boulder Avenue; thence easterly along the southerly
6 boundary of the Alquist-Priolo special studies zone for the San
7 Andreas ~ault, to the easterly city limit of San Bernardino.
8 This line is designed to be the southernmost point of the high
9 fire hazard area of the City, the greenbelt area, and the
10 Alquist-Priolo special studies zone for the San Andreas Fault,
whichever line is southernmost. The line described herein is
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depicted in the sketch attached as Exhibit wAw, appended hereto
and incorporated herein by this reference.
SECTION 4.
Duration.
This ordinance shall be of no further
force and effect forty-five days from the date of adoption.
SECTION 5.
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The passage of this ordinance is not a
project nor will it have a significant impact on the environment.
SECTION 6.
Severability.
If any section, subsection,
sentence, clause or phrase of this ordinance is for any reason
held to ?e invalid or unconstitutional by the decision of a court
of competent jurisdiction, such decision shall not affect the
validity of the remaining portions of the ordinance.
The Mayor
and Common Council of the City of San Bernardino hereby declare
that they would have passed this ordinance, and each section,
subsection, clause, sentence or phrase thereof, irrespective of
the fact that anyone or more other sections, subsections,
clauses, sentences or phrases may be declared invalid or
unconstitutional.
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1 SECTION 7. Uraencv. This ordinance is an urgency measure
2 for the immediate preservation of the public peace, health or
3 safety. This ordinance shall go into effect immediately upon its
4 adoption and approval. The facts constituting the urgency are
set forth in Section 1.
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I HEREBY CERTIFY that the foregoing ordinance was duly
adopted by the Mayor and Common Council of the City of San
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10 wit:
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19 of
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day of
meeting thereof, held on the
, 1987, by the following vote, to
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Bernardino at a
AYES:
Council Members
NAYS:
ABSENT:
City Clerk
The foregoing ordinance is hereby approved this
day
, 1987.
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25 City A torney
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Mayor of the City of San Bernardino
Approved as to form:
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