HomeMy WebLinkAboutMC-1404 Adopted: July 7, 2014
Effective: August 7, 2014
1 ORDINANCE NO. Mc-1404
2 ORDINANCE OF THE CITY OF SAN BERNARDINO ADOPTING
DEVELOPMENT CODE AMENDMENT 14-13, A CITY-INITIATED REQUEST TO
3 AMEND DEVELOPMENT CODE SECTION 19.19A.060 (PERMITTED AND
4 CONDITIONALLY PERMITTED USES) IN THE TRANSIT DISTRICT (TD)
OVERLAY ZONE, PERMITTING LAND USE EXCEPTIONS PURSUANT TO
5 DEVELOPMENT CODE CHAPTER 19.36 (CONDITIONAL USE PERMITS AND
MINOR USE PERMITS)
6
7 WHEREAS, the current Development Code was initially implemented in 1991; and
8 WHEREAS, the current General Plan was initially implemented in 2005; and
9 WHEREAS, on May 21, 2014, the Planning Commission of the City of San
Bernardino held a noticed public hearing to consider public testimony and the staff report
10
recommending approval of Development Code Amendment 14-13 to the Mayor and Common
11 Council; and
12 WHEREAS, notice of the public hearing for the Mayor and Common Council's
13 consideration of the proposed ordinance was published in The Sun newspaper on May 30,
14 2014.
15
16 NOW THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE
17 CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS:
18
SECTION 1. The Mayor and Common Council find that the above-stated Recitals
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are true and hereby adopt and incorporate them herein.
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21 SECTION 2. Findings of Fact.
22 1. The proposed amendment will be consistent with the General Policy 2.2.1, which
23 calls for compatibility between land uses and quality design through adherence to the
24 standards and regulations in the Development Code and policies and guidelines in the
25 Community Design Element. The amendment will result in allowing developers to
26 modernize and improve the quality of design of certain properties located with the TD
27 overlay zone. Thus, the Amendment will be consistent with this policy.
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MC-1404
1 2. The proposed amendment will allow greater flexibility to the TD Overlay Zone
2 without impacting the overall goals. Further, the Amendment will enable the
3 development/redevelopment of underperforming and blighted parcels with new, high-quality
4 development that will benefit the public interest, health, safety, convenience and welfare of
the City, rather than be detrimental to it.
5
6 SECTION 3. Development Code Amendment 14-13, attached hereto as Exhibit A
7 and incorporated herein by reference, is hereby approved.
8
9 SECTION 4. Compliance with the California Environmental Quality Act. The
10 Mayor and Common Council finds that the proposed Zoning Map Amendment is exempt
11 from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of
12 the CEQA Guidelines, because the effect of the amendment would not result in a significant
13 direct or reasonably foreseeable indirect physical change in the environment.
14
15 SECTION 5. Severability: If any section, subsection, subdivision, sentence, or
16 clause or phrase in this Ordinance or any part thereof is for any reason held to be
17 unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision
shall not affect the validity or effectiveness of the remaining portions of this Ordinance or
18
any part thereof. The Mayor and Common Council hereby declares that it would have
19 adopted each section irrespective of the fact that any one or more subsections, subdivisions,
20 sentences, clauses, or phrases be declared unconstitutional, invalid, or ineffective.
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MC-1404
ORDINANCE OF THE CITY OF SAN BERNARDINO ADOPTING
1
DEVELOPMENT CODE AMENDMENT 14-13, A CITY-INITIATED REQUEST TO
2 AMEND DEVELOPMENT CODE SECTION 19.19A.060 (PERMITTED AND
CONDITIONALLY PERMITTED USES) IN THE TRANSIT DISTRICT (TD)
3 OVERLAY ZONE, PERMITTING LAND USE EXCEPTIONS PURSUANT TO
4 DEVELOPMENT CODE CHAPTER 19.36 (CONDITIONAL USE PERMITS AND
MINOR USE PERMITS)
5
6 I HEREBY CERTIFY that the foregoing ordinance was duly adopted by the Mayor
7 and Common Council of the City of San Bernardino at a ioint regularmeeting thereof,
8 held on the 7th day of July , 2014, by the following vote to wit:
9
10 Council Members: AYES NAYS ABSTAIN ABSENT
11 MARQUEZ x
BARRIOS
12 VALDIVIA x
13 SHORETT x
x
14 NICKEL
JOHNSON x
15 x
MULVIHILL
16
17
18
Georgea . Hanna, Cit' Clerk
19
20 The foregoing Resolution is hereby approved this day of
21 July , 2014.
22
23
24 Approved as to form: Virginia Marquez, Mayor Pro Tem
City of San Bernardino
25 GARY D. SAENZ, City Attorney
26
27
By
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MC-1404
Exhibit A
Development Code Amendment 14-13
TD (Transit District Overlay) Zone Section 19.19A.060
19.19A.060 PERMITTED AND CONDITIONALLY PERMITTED USES
B. Land Use Regulations—Commercial Base Zones. When the TD applies to property within a
commercial base zone, permitted and conditionally permitted uses shall be the same as the
base commercial zone, except as specified below.
Add the following new sub-section:
3. Exceptions to Prohibited Uses. Exceptions are permitted to Section 19.19A.060(B)(2) for
projects that stimulate economic development activity subject to a Conditional Use Permit
in accordance with Section 19.06.030, Project Review.