HomeMy WebLinkAboutMC-1411 Adopted: February 2, 2015
Effective: March 2, 2015
1 ORDINANCE NO. MC-1411
2 ORDINANCE OF THE CITY OF SAN BERNARDINO ADOPTING
DEVELOPMENT CODE AMENDMENT 14-19, AMENDING DEVELOPMENT
3 CODE SECTIONS 19.62.020 (7) AND 19.62.030 (2), RELATING TO TERMINATION
4 OF NON-CONFORMING STRUCTURES AND USES.
5 WHEREAS,the current Development Code was initially implemented in 1991; and
6 WHEREAS, the current General Plan was initially implemented in 2005; and
7 WHEREAS, on December 17, 2014, the Planning Commission of the City of San
8 Bernardino held a noticed public hearing to consider public testimony and the staff report
9 recommending approval of Development Code Amendment 14-19 and recommended
10 approval of the proposed Development Code Amendment to the Mayor and Common
Council; and
11 WHEREAS, notice of the public hearing for the Mayor and Common Council's
12 consideration of the proposed Ordinance was published in The Sun newspaper on January 8,
13 2015.
14 NOW THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE
15 CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS:
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17 SECTION 1. The Mayor and Common Council find that the above-stated Recitals
18 are true and hereby adopt and incorporate them herein.
19 SECTION 2. Findings of Fact.
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21 1. The proposed amendment is a clarification of Chapter 19.62, Non-Conforming
Structures and Uses, Sections 19.62.020 (7) and 19.62.030 (2), relating to termination of non-
22 conforming status from 36 months to 12 months. Additionally, the proposed code amendment
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will not prolong and promote non-conforming structures and uses but rather clarify, and
24 provide consistency with prior practices relating to termination of non-conforming status,
25 consistent with General Plan Policy 2.10.1: "Adoption of ordinances and standards for
26 implementing General Plan land use designations, especially through the Development
27 Code."
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MC-1411
1 2. The proposed amendment will clarify Chapter 19.62, Non-Conforming Structures
2 and Uses relating to the termination of non-conforming status that had unintended impact on
3 existing non-conforming uses and structures City-wide. The proposed clarification will not
4 physically expand existing non-conforming structures and uses and will have no adverse
impact to the public health, or welfare as it will not create, promote and or prolong any non-
5 conforming uses and structures. The proposed amendment anticipates that nonconforming
6 uses and structures will be eliminated over time and replaced with conforming structures
7 and uses.
8 SECTION 3. Development Code Amendment 14-19, attached hereto as Exhibit A
9 and incorporated herein by reference, is hereby approved.
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11 SECTION 4. Compliance with the California Environmental Quality Act.
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13 The Mayor and Common Council finds that Development Code Amendment 14-19 is
14 exempt from the California Environmental Quality Act (CEQA) pursuant to Section
15 15061(b)(3) of the CEQA Guidelines, because the effect of the amendment would not result
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in a significant direct or reasonably foreseeable indirect physical change in the environment.
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SECTION 5. Severability: If any section, subsection, subdivision, sentence, or
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clause or phrase in this Ordinance or any part thereof is for any reason held to be
19 unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision
20 shall not affect the validity or effectiveness of the remaining portions of this Ordinance or
21 any part thereof. The Mayor and Common Council hereby declares that it would have
22 adopted each section irrespective of the fact that any one or more subsections, subdivisions,
23 sentences, clauses, or phrases be declared unconstitutional, invalid, or ineffective.
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MC-1411
1 ORDINANCE OF THE CITY OF SAN BERNARDINO ADOPTING
DEVELOPMENT CODE AMENDMENT 14-19, AMENDING DEVELOPMENT
2 CODE SECTIONS 19.62.020 (7) AND 19.62.030 (2), RELATING TO TERMINATION
OF NON-CONFORMING STRUCTURES AND USES.
3
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I HEREBY CERTIFY that the foregoing ordinance was duly adopted by the Mayor
5 and Common Council of the City of San Bernardino at a joint regular meeting thereof, held
6 on the 2" day of February, 2015, by the following vote to wit:
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8 Council Members: AYES NAYS ABSTAIN ABSENT
x
9 MARQUEZ
BARRIOS x
10 x
VALDIVIA
11 SHORETT x
12 NICKEL x
13
JOHNSON x
14 MULVIHILL x
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16
r
17 Georgeann Hanna, 6ity Clerk
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The foregoing Ordinance is hereby approved this —day of Febru y, 2015.
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21 R. CAREY DA IS, Mayor
22 Approved as to form: City of San Bernardino
Gary D. Saenz, City Attorney
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25 By: fQp�
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Exhibit A
Development Code Chapter 19.62, Non-Conforming Structures and Uses, Sections
19.62.020 (7) and 19.62.030 (2) shall be modified to read:
Section 19.62.020 (7): If the use of a nonconforming structure is discontinued for a period
of 36 12 or more consecutive calendar months, the structure shall lose its legal
nonconforming status, and shall be removed or altered to conform to the provisions of this
Development Code. A use of a legal nonconforming structure shall be considered
discontinued when any of the following apply:
A. Where characteristic furnishings and equipment associated with the use
have been removed and not replaced and where normal occupancy and/or
use has been discontinued for a period of 36 12 or more consecutive
calendar months.
B. Where there are no business receipts available for the 36 12 month period.
Section 19.62.030 (2): If a nonconforming use is discontinued for a period of-36-12 or
more consecutive calendar months, it shall lose its legal nonconforming status, and the
continued use of the property shall be required to conform with the provisions of this
Development Code.