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' 1 ORDINANCE NO.
2 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING ORDINANCE
N0, 1991 KNOWN AS THE "LAND USE ZONING ORDINANCE"; AND PROVIDING
3 FOR APPEALS FROM THE DECISION OF THE PLANNING COMMISSION RELATING
TO HOUSE MOVING APPLICATIONS.
4,
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
5 DO ORDAIN AS FOLLOWS:
6 SECTION 1. Ordinance No. 1991 Section 24.6 is hereby
7 amended to read as follows:
8 "24.6 After the receipt of the report of the Superintendent
9 of the Department of Building and Safety, the Planning Commission
10 shall hold a hearing on such application, after having first
11 given such notice as it deems sufficient to inform interested
12 persons of the fact of said application, and of the date and
13 place of said hearing, At the time of the hearing, the Planning
14 Commission shall hear all persons who may appear in support of or
15 in opposition to the granting of the application. Within forty
16 (40) days after the conclusion of the hearing the Commission
17 shall render a decision in writing. The Commission, in granting
18 a house moving permit; may establish conditions of approval and
19 such changes to or repairs or modifications of the building or
20 structure to be moved, which in its judgment are necessary and
21 reasonable to comply with the provisions of this ordinance and
22 other applicable ordinances and laws. A written report of the
23 decision of the Commission shall be filed with the Common Council
24 and mailed to the applicant at the address shown on the appli-
25 cation, Failure to report a decision to the Council within
26 forty (40) days shall be deemed to constitute a denial, unless
27 the time limit be extended by common consent of both the applicant
28 and the Commission,"
29 SECTION 2. Ordinance No. 1991 Section 24.7 is hereby
30 amended to read as follows:
31 "24.7 The decision of the Commission shall be final unless
32 an appeal therefrom is taken to the Common Council as provided
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1 for in this paragraph. Such decision shall not become effective
2 for ten (10) days from the date that the written decision has
3 been made and notice thereof mailed to the applicant, during
4 which time written appeal therefrom may be taken to the Council
5 by the applicant or any other person aggrieved by such decision,
6 including the Planning Director. If the Commission fails to make
7 its decision within the forty (40) day period, the applicant may
8 file an appeal with the Council requesting a decision by that
9 body. Such appeal shall be filed within ten (10) days after the
10 expiration of the time limit within which the Commission must act.
11 An application shall be dismissed without further action in the
12 event of the failure of the Commission to act and where no appeal
13 is filed with the Council within such ten (10) day period. The
14 filing of an appeal stays proceedings in the matter appealed from
~15 until the determination of the appeal. On the appeal, the Council
16 shall review the decision of the Commission; hear new evidence
17 and testimony if offered, and in deciding the appeal may either
I8 affirm, reverse, or modify the decision of the Commission."
19 SECTION 3. Ordinance No. 1991 Section 2408 is hereby
20 amended to read as follows;
21 "24.8 The Commission shall find, in the event it approves
22 the moving of said building or structure, that such moving shall
23 have no detrimental effect on the living environment and property
24 values in the area into which the building or structure is to be
25 moved."
26 SECTION 4. Ordinance No. 1991 Section 24.10 is hereby
27 amended to read as follows:
28 "24.10 In the event the Commission acts favorably on said
29 application, and allows said building or structure to be moved,
30 it shall order a building permit issued by the Chief Building
31 Inspector; covering the same, on such terms and conditions as the
32 Commission may prescribe; provided, however, that before such
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1! permit is issued, there shall be deposited by the applicant with
2i the Chief Building Inspector a surety bond made payable to the '
3 City of San Bernardino in an amount equal to the reasonable and
4 estimated cost of the repairs or additions required to be made
5 to the building or structure to be moved, including cost of
6 clean-up required by Section 24.9 hereof, but in no case less
7 than the sum of one thousand dollars ($1;000.00); which said
8 bond shall be conditioned upon the faithful performance by the
9 applicant of the terms and conditions of the permit as issued,
10 including the cleaning up of the site and other work required
11 by Section 24.9 hereof, and reimbursement to the City or other
12 persons in interest of the cost of cleaning up said site in the
13 event said cleaning up is not done by the applicant within the
14 time prescribed; provided, however, that such faithful performance
15 bond need not cover the cleaning up of the site in cases where
16 the building or structure is moved from a site outside of the
17 City to a site within the City."
18 I HEREBY CERTIFY that the foregoing ordinance was duly
19 adopted by the Mayor and Common Councifi of the City of San Ber-
g
20 nardino at a ~ meeting thereof, held on the
21 day of 71 by the following vote, to wit:
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22 AYES: C uncilme
23
24 NOES: ~ `~~A
7
25 ABSENT: f `
26
ity er
27
Thee foregoing ordinance is hereby approved this c:~o r._"ay
28 j`
of 1971.
29 ~.._~'rr
30 Approved as to form: ~r o tie ity o an ernar ino
31 ~ ~~L/C~" ~~/utc.,t
32 city AY'torney ~ ~
LUCILLE GG,~ORT~1, ~.';~~;;_~t
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