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.' CIO OF SAN BERNARDQo - REQuOJaT FOR COUNCIL ~ON
From:
James F. Penman
REC'O. - ADMIN. OFSubject:
\989 JUL 14 P}1 2, 46
ORDINANCE OF THE CITY OF SAN
BERNARDINO ADDING SECTION 19.56.135
TO THE SAN BERNARDINO MUNICIPAL CODE
TO PROVIDE FOR MINOR EXCEPTION
PERMITS TO THE PARKING REQUIREMENTS
Dept:
City Attorney
Date:
July 14, 1989
Synopsis of Previous Council action:
None
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Recommended motion:
Recommend that Council waive further reading and layover for adoption.
(I
, !,':?
~ J, J~
{/ Signature
Contact person:
Dennis A. Barlow
Phone:
5255
Supporting data attached:
Ward:
FUNDING REQUIREMENTS:
Amount:
Source: (Acct. No.)
(Acct. DescriPtion)
Finance:
Council Notes:
75-0262
Agenda Item No
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.' CI,o OF SAN .ERNARD.oo - REQUQT FOR COUNCIL ~ON
STAFF REPORT
Due to recent proposals before the Council, it has become
apparent that there is a need to allow minor deviations from the
established parking standards to be granted at a staff level,
rather than bring all such situations before the full Mayor and
Common Council. The attached Ordinance would allow a ten percent
(10%) reduction in the required standards to be granted by the
Planning Director when certain findings are made. This decision
may be appealed to the Planning Commission and finally to the
Mayor and Common Council if necessary.
If an excess of such minor exceptions are granted then this
area should be reviewed for possible ordinance amendment to the
established standards.
75.0264
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ORDINANCE NO. MC-672
ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING SECTION
19.56.135 TO THE SAN BERNARDINO MUNICIPAL CODE TO PROVIDE FOR
MINOR EXCEPTION PERMITS TO THE PARKING REQUIREMENTS.
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
DO ORDAIN AS FOLLOWS:
SECTION 1.
Section 19.56.135 is hereby added to the San
Bernardino Municipal Code to read as follows:
"19.56.135 MINOR EXCEPTION PERMITS
A. INTENT
It is the intent of this Section to provide for the
granting of minor exceptions to the parking standards
of this Chapter by the Director in those cases where
such minor exceptions are warranted by practical
difficulties, unnecessary hardships, or results, that
without the minor exception, may be inconsistent with
the general intent of this Chapter.
B. SCOPE
A maximum ten percent (10%) reduction in the required
parking standard may be permitted by the Director upon
the issuance of a Minor Exception Permit and upon the
finding that such reduction is consistent with the
intent of this Chapter.
Whenever the Director allows a minor exception from
the parking standards set forth in this Chapter, he
or she shall enter on the face of the Permit the
parking standard that he or she imposes and the
reasons for allowing the exception.
DAB:br
July 21, 1989
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. ORDINANCE -
ADDING SECTION
MUNIClJI'"'!L CODE
PERMIT\.J
19.56.135 TO THE SAN
TO PR~'DE FOR MINOR
BERNARDINO
EXCEPTION
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C. APPLICATION
Application for a Minor Exception Permit shall be made
on forms provided by the Director and shall include
such plans as may reasonably be required by the
Director for a complete understanding of the request,
and a filling fee as established by resolution of the
Mayor and Common Council.
A person may not file and the Director shall not
accept an application which is the same or
substantially the same as an application upon which
final action has been taken by the City within twelve
(12) months prior to the date of said application,
unless accepted by a motion of the Planning Commission
or City Council.
D. ACTION BY DIRECTOR
Not later than forty (40) days after receipt of the
application, the Director shall either grant, deny, or
grant with conditions, the Minor Exception Permit.
Any conditions shall be such as to assure that the
minor exception is within the intent of this Chapter.
Non~compliance with any condition of a Minor Exception
Permit shall constitute a violation of the Zoning
Ordinance. Notice of the Director's decision shall be
sent to the Planning Commission at its next regularly
scheduled meeting.
DAB: br
July 21, 1989
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ORDINANCE -
ADDING SECTION
MUNIC}olilo'l.L CODE
PERMI1..
19.56.135 TO THE SAN
TO PRe)IDE FOR MINOR
BERNARDINO
EXCEPTION
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E. APPEALS
No Minor Exception Permit shall be effective until
five (5) days after issuance.
Any interested person
may appeal the Director's decision to the Planning
Commission by filing a written appeal, on forms
provided by the Director, together with an appeal fee,
if any, established by resolution of the Mayor and
Common Council, within this five (5) day period. Any
such appeal shall suspend the Minor Exception Permit
until resolution by the Planning Commission. The
decision of the Planning Commission may then be
appealed to the Mayor and Common Council in accordance
with Chapter 2.64.
F EXPIRATION
If the development permitted by a Minor Exception
permit is not initiated within one (1) year from the
date of issuance, the Minor Exception Permit shall
expire and become null and void.
The Director may
provide for a shorter time limit by condition of
approval, or may grant extensions beyond the one (1)
year period for good cause."
DAB: br
July 21, 1989
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. ORDINANCE-
19.56.135 TO THE SAN
TO PRt:1DE FOR MINOR
ADDING SECTION
MUNIC:f'"'\L CODE
PERMI~
BERNARDINO
EXCEPTION
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I HEREBY CERTIFY that the foregoing ordinance was duly
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adopted by the Mayor and Common Council of the City of San
adjourned
Bernardino at an regular meeting thereof, held on the 24th
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day of Jul v
, 1989, by the following vote, to wit:
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AYES:
Council Members Reilly, Flores, Maudsley,
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Minor, Miller
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NAYS:
None
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ABSENT:
Council Members Estrada, Pope-Ludlam
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~~.d;A&
CitY Clerk
The foregoing ordinance is hereby approved this ;7~~tC day
of d7~ ' 1989.
r Pro Tempore,
y of San Bernardino
Approved as to form
and legal content:
JAMES F. PENMAN,
City Attorney
By: ~ 9 i~
o
DAB:br
July 21, 1989
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