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HomeMy WebLinkAboutMC-1329(U) Adopted: July 19. 2010 Effective: July 19. 2010 I I ORDINANCE NO. KC-1329 2 3 AN URGENCY ORDINANCE OF THE CITY OF SAN BERNARDIN AMENDING SECTIONS 19.36.070 AND 19.44.070 OF THE SAN BERNARDIN MUNICIPAL CODE (DEVELOPMENT CODE) TO GRANT A ONE TIME AUTOMATIC TWO YEAR EXTENSION OF TIME FOR PREVIOUSLY APPROVE CONDITIONAL USE PERMITS AND DEVELOPMENT PERMITS, DECLARING TH URGENCY THEREOF AND TAKING EFFECT IMMEDIATELY. 4 5 6 7 8 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: 9 10 WHEREAS, Senate Bill (SB) 1185 of 2008 added as an urgency statute, Sectio 11 12 66452.21 to the California Government Code (Subdivision Map Act) to automatically extend b 13 12 months the expiration dates of approved tentative subdivision maps or parcel maps; and ]4 WHEREAS, Assembly Bill (AB) 333 of 2009 added as an urgency statute, Sectio 15 66452.22 to the California Government Code (Subdivision Map Act) to automatically extend b ]6 17 24 months the expiration dates of approved tentative subdivision maps or parcel maps; and 18 WHEREAS, these automatic extensions of time on tentative subdivision map and parce 19 map approvals do not apply to associated land use entitlements or development permits; and 20 WHEREAS, on June 24, 2010, the Ways and Means Committee considered variou 21 economic development stimulus options and recommended that the Mayor and Common Counci 22 23 grant a one time, automatic two year extension of time for previously approved developmen 24 applications. 25 WHEREAS, the Mayor and Common Council find that adoption of this Urgenc 26 Ordinance is necessary to provide an immediate economic stimulus due to prevailing advers 27 economic conditions in the construction industry and for the immediate preservation of th 28 public peace, health, or safety pursuant to San Bernardino Charter Sections 31 and 121. -I II MC-1329 2 3 4 5 6 7 8 9 10 11 12 13 NOW THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE CIT OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: Section 1. Chapter 19.36 of the San Bernardino Municipal Code (Development Code) Conditional Use Permits, Section 19.36.070, Conditional Use Permit Expiration is hereb amended to add the following: "Any previously approved Conditional Use Permit that had not expired as of January I, 201 shall be extended for two years. This automatic extension of time is a one time extension and i in addition to the time granted under the initial approval of the Conditional Use Permit or an subsequent approval of an extension of time. This automatic extension oftime shall not reinstat nor extend any person's right to an administrative appeal and shall not reinstate nor extend an claims or litigation statute of limitations. By acceptance of this grant of an automatic extensio 14 of time, the applicant(s) hereby waives any challenges to the conditions, fees, and requirement 15 of the Conditional Use Permit." 16 17 18 19 20 21 22 23 24 25 26 27 28 Section 2: Chapter 19.44 of the San Bernardino Municipal Code (Development Code) Development Permits, Section 19.44.070, Development Permit Expiration is hereby amended t add the following: "Any previously approved Development Permit 2 or 3 that had not expired as of January I, 201 shall be extended for two years. This automatic extension of time is a one time extension and i in addition to the time granted under the initial approval of the Development Permit 2/3 or an subsequent approval of an extension of time. This automatic extension of time shall not reinstat nor extend any person's right to an administrative appeal and shall not reinstate nor extend an claims or litigation statute of limitations. By acceptance of this grant of an automatic extensio - 2 MC-1329 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 of time, the applicant(s) hereby waives any challenges to the conditions, fees, and requirement of the Development Permit." Section 3: This Ordinance shall take effect immediately upon adoption by the Mayor an Common Council. Section 4: Compliance with the California Environmental Quality Act. The Mayor an Common Council finds that this ordinance is not subject to the California Environmental Qualit Act (CEQA) pursuant to Section l5060(c)(3) of the CEQA Guidelines, California Code 0 Regulations, Title 14, Chapter 3, because this action will not result in a direct or reasonabl foreseeable indirect physical change in the environment. All projects that will receive a automatic extension of time have previously been reviewed pursuant to CEQA. Section 5: Severability. If any section, subsection, subdivision, sentence, clause 0 phrase in this ordinance or any part thereof is for any reason held to be unconstitutional, invali or ineffective by any court of competent jurisdiction, such decision shall not affect the validity 0 effectiveness of the remaining portions of this ordinance or any part thereof. The Mayor an Common Council hereby declares that it would have adopted each section irrespective ofthe fac that anyone or more subsections, subdivisions, sentences, clauses, or phrases be declare unconstitutional, invalid, or ineffective. III III - 3 MC-1329 2 AN URGENCY ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTIONS 19.36.070 AND 19.44.070 OF THE SAN BERNARDINO MUNICIPAL CODE (DEVELOPMENT CODE) TO GRANT A ONE TIME, AUTOMATIC TWO YEAR EXTENSION OF TIME FOR PREVIOUSLY APPROVED CONDITIONAL USE PERMITS AND DEVELOPMENT PERMITS DECLARING THE URGENCY THEREOF AND TAKING EFFECT IMMEDIATELY. 3 4 5 I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor and 6 7 Council ofthe City of San Bernardino at a i oint regular meeting thereof, held on the 8 19th day of July ,2010, by the following vote, to wit: 9 Council Members: 10 MARQUEZ II DESJARDINS 12 BRINKER 13 14 SHORETT 15 KELLEY 16 JOHNSON 17 MC CAMMACK 18 19 AYES NAYS ABSTAIN ABSENT x x x x x x x 20 (2~ h.~ '-- City Clerk 21 The foregoing Ordinance is hereby approved this J()-:ti..dayof 22 July ,2010. 25 Approved as to form: ~ 23 24 26 JAMES F. PENMAN City Attorney : BYt---1" p~ -4