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HomeMy WebLinkAbout28-City Attorney CI~ OF SAN BERNARD~ - REQUM FOR COUNCIL AC~N tw~ From: Ralph H. Prince Et'\). - "OM'''' en. Subject: P. r") \j~l \t~ 1 . C 1',1\ S .:.... Interim Hold on General Plan l\mendments Dep!: City Attorney Date: May 6, 1987 SVnopsis of Previous Council action: 4/6/87 The Mayor and Common Council adopted Ordinance No. MC-588 imposing in certain defined areas an interim hold on approval of general plan amendments, residential zone changes and other residential actions defined as discretionary, and declaring the urgency thereof. 'Recommended motion: Adopt urgency ordinance. " ,/ (",/~'. , ". -;:J,,'/.J'or"" .'* ,~ I' Signature Contact parson: ryn+-hi~ ~r~rp Phona: ~n~h Supporting data attached: Yes Ward: N/A FUNDING REQUIREMENTS: Amount: None Source: (ACCT. NO.) (ACCT. DESCRIPTION) Finance: Council Notes: Agenda Item No. "t. 9 CI~~ OF SAN BERNARD~O - REQUiBT FOR COUNCIL AC'1iON STAFF REPORT The City Attorney's office recommends that the Mayor and Common Council re-enact the "interim hold" ordinance for another 45 days in case OPR has not taken action on the City's application for time extension by May 22, 1987. 75-0264 . C; 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ....... ~\ o ...... .....I ORDINANCE NO. ORDINANCE OF THE CITY OF SAN BERNARDINO REENACTING IN CERTAIN DEFINED AREAS AN INTERIM HOLD ON APPROVAL OF GENERAL PLAN AMENDMENTS, RESIDENTIAL ZONE CHANGES AND OTHER RESIDENTIAL ACTIONS DEFINED AS DISCRETIONARY, AND DECLARING THE URGENCY THEREOF. THE MAYOR AND COrU~ON COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: SECTION 1. Findings. This ordinance is adopted by the r'a~tor and Common Council because the Council finds that there is a current a~d immediate threat to the public health, safety, or v'elfare, and that the approval of additional subdivisions, use permits, or any other applicable entitlement for use which is required to comply with any amendments to the General Plan, r;:>ecific plans or zone changes would constitute a threat to the preservation of public health, safety and welfare. SECTION 2. Limitations on Development Approval. A. During the period of this ordinance, the City shall not accept, process or approve a General Plan amendment, specific plan, residential zone change, residential conditional use permit, planned residential development, tentative residential subdivision map, residential parcel map, or any other type of uiscretionary planning approval relating to residential development by the Planning Commission or Common Council in the area described i~ section 3 hereof. B. During the period of this ordinance, all departments are directee to not accept, process or review any planning applications relating to residential development which require discretionary action by the Planning Commission or Common council in the area described in Section 3 hereof. 5/6/87 -1- c 1 2 3 4 5 6 7 8 9 10 11 ]2 13 ]4 ]5 16 17 18 19 ~ 21 22 23 24 25 26 27 28 o o ~ C. This ordinance shall not apply to variances or to projects or activities defined as ministerial, including Development Review Committee approvals, nor infill housing, as defined in San Bernardino Municipal Code Section 3.18.030. SECTION 3. Geoqraphic Scope. The limitations on development approvals described in Section 2 shall apply to those areas of the City lying north and east of a line described as follows: commencing at the point where the center line of Interstate Highway 215 intersects the northernmost limit of the City of San Bernardino, thence southerly along the center line of Highway 1-215 to the center line of Palm Avenue; thence easterly along the center line of Palm Avenue to the center line of Kendall nrive; thence southeasterly along the center line of Kendall Drive to the center line of University Parkway; thence southerly along the center line of University Parkway to the northbound off-ramp of 1-215; thence southeast and northeast along the ridgeline of Little Mountain to Kendall Drive; thence northwest along the center line of Kendall Drive to 40th Street; thence easterly along the center line of 40th Street to the center line of Waterman Avenue; thence southerly along the center line of Waterman Avenue to the center line of parkdale Drive; thence easterly along the center line cf parkdale Drive, extended to the center line of Harrison Street; thence southerly along the center line of Harrison street to the city limit boundary line between 34th and 35th Streets; thence easterly along the city limit boundary line, extended, to the city limit boundary line situated immediately westerly of Ferndale Street; thence southerly on said city limit boundary line to the center 5/6/87 -2- c 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 ~ 25 26 27 ~ o o ~ .... line of Eureka Street; thence easterly along the center line of ~ureka Street to the center line of Del Rosa Avenue; thence southerly along the center line of Del Rosa Avenue to the center line of Citrus Street; thence easterly along the center line of Citrus Street to the Atchison, Topeka and Santa Fe Railroad right- of-way; thence southeasterly along the Atchison, Topeka and ~anta Fe Railroad right-of-way to the center line of Highland Avenue; thence easterly along the center line of Highland Avenue to the center line of Boulder Avenue; thence easterly along the southerly Doundary of the Alquist-Priolo special studies zone for the San Andreas Fault, to the easterly city li@it of San Bernardino. SECTION 4. Duration. This ordinance shall be of no further force and effect forty-five days from the date of adoption. SECTION 5. CEQA. 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 be 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 such section, subsection, clause, sentence or ~lraBe thereof, irrespective of the fact that anyone or more other sections, subsections, clauses, sentences or phrases may be declared invalid or unconstitutional. / / / / / / / 1 1 1 5/6/87 -3- . c 1 - -. V o J 2' for the immediate preservation of the public peace, health or SECTION 7. urgency. This ordinance is an urgency measure 3 safety. This ordinance shall go into effect immediately upon its 4 adoption and approval. The facts constituting the urgency are 5 set forth in Section 1. 6 I HEREBY CERTIFY that the foregoing ordinance was Guly 7 adopted by the Mayor and Common Council of the City of San meeting thereof, held on the Bernardino at a 8 9 , 1987, by the following vote, day of 10 to wit: 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 28 of Council AYES: NAYS: ABSENT: City ClerJ." The foregoing ordinance is hereby approved this day , 1987. Mayor of the City of San Bernardino Approved as to form: ~~~ 27 "/~/P.7 -4-