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HomeMy WebLinkAboutMC-1815 Ii it ! I ORDINANCE NO. 1815 2 AN ORDINANCE CREATING A CITY PLANNING COMMISSION OF THE CITY OF SAN BERNARDINO AND PRESCRIBING ITS POTHERS AND DUTIES AND 3I REPEALING ORDINANCE NO. 1422. i 4 THE MAYOR AND =E ON CGUNCIL OF THE CITY OF SAN BERNAR- j 5 I DINO DO ORDAIV" AS FOLLOWS: I 6 ! SECTION ONE: Pursuant to the provisions of an Act of the 7 State Legislature of the State of California, known and designated I 8 as the State Conservation and Planning Act, as enacted at the 1947 I g legislative session by Statutes of 19/+7, Chapter 807, and amend- 10 ments thereto, and more specifically entitled, nAn Act to provide 11 for the establishment of master and official plans in cities, 12 cities and counties, and counties, and for the adoption of ordi- 13 nances pursuant thereto; to prescribe the manner of adoption of 14i such plans, portions thereof and amendments thereto, and the com- 15 powition and effects thereof; to provide for the establishment and j 16 appointment of planning commissions by cities, cities and counties,] 17 and counties, for the creation of regional planning districts and 18i the establishment and appointment of regional planning commissions 19 and the State Conservation and Planning Board and director of plan- 20 ning; to define the powers and duties of such commissions and the 21 State Conservation and Planning Board and the director of planning,] 22 and to provide for the exercise of such powers; to provide for the i 23 levy of special taxes for the support of planning conli-nissions, and I 241 making certain expenditures legal charges against the funds of 26 cities, cities and counties, and counties; and prescribing penal- 26 I ties for the violation thereof; and to repeal the Planning Act, as 27 amended,' relating to planning commissions-'' i d and established in the City of 28 There is hereby create 29 San Bernardino a Planning commission to consist of nine (9) members', s of the City of San Bernardino, but 30 all of whom shall be resident i 31 without restriction as to any ward residence requirements.. be 32 SECTION' TVO: That said Planning Commission shall i II i i f I I I i 3 appointed as folloWs, to wit: 2� (a) Four (/.) of said members shall be appointed by 3I the Mayor, subject to the confirmation of the Common Council. 4I (b) Each respective Councilman shall recommend to 5 � the Mayor and the Mayor shall appoint, subject to the approval of 6 I the Council: a Commissioner, thus making a total of five (5) Com- I 7 ' missioners so appointed. 3i (c) That said Commissioners so appointed shall g hold office at the pleasure of the Mayor and Common Council. 10 (d) That tr_e terra of office of each of said Commis-1 i -1 sioners shall be four (4) years, provided, however, that on or I i 12 after May 1, 1948, four (4) Commissioners shall be appointed for a 1 s two 131 term of approximately one (1) year, ending on Jane 30, 191x9; 14 (2) for a term of approximately two (2) years, ending on June 30, 15 1950; two (2) for a term of approximately three (3) years, ending 16 on June 30, 1951; and one (1) for a term of approximately four (4) 17 years, ending on June 30, 1952. That said Commissioners so appoin-I 18 ted shall determine the duration of their term by lot. Upon the 1911expiration of said original terms, their successors shall be ap- 20Ilpainted for terms of four (4) years, said terms to commence on the 21 lst -,.ay of July of the respective year. j i 22 SECTION THREE: That said Commission so appointed shall 23 its chairman from among the appointed members, said chairman 24' to serve for a term of one (1) year. The Commission shall hold at I 25 least one (1) regular meeting in each month. 26 � SECTION FOUR. That the duties performed by said plamnir_g 27 Commission partake of a high civic nature and a service to the 281 general public and that no compensation_ shall be paid to the member$ 29 of said Commission for their services. 30 SECTION FIVE: That it shall be the function and duty of 31i said planning Commission_ to prepare and adopt a comprehensive, long- 32 terra general plan for the physical development of the City and any i 2 I. ii i 1llland outside the boundaries thereof which in the Comm.issionts judgm�nt 2f bears relation to the planning thereof. Such plan shall be known 1 i 31 as the master plan and shall be so prepared that all or portions i 41 thereof may be adopted by the CorTon Council as a basis for the 51 development of the City for such reasonable period of time next en- 6 suing after the adoption thereof as may be practicably covered 7i thereby. 8 � SECTION SIX: That pending the approval of said master 9l�plan to be so presented and until legislative change, the zoning ofi, � I 10 the City shall continue as prescribed by the provisions of Ordi- nance No. 1675, entitled 111n Ordinance of the Mayor and Connon i2 Council of the City of San Bernardino, creating and establishing, 13land dividing said City into seven zones consisting of various dis- 14 tricts within some, all or none of which it shall be unlawful to 15 erect construct, alter or maintain certain_ buildings or to carry � trades or callings; providing for a certifi- II; is Ion certa in businesses, 17 Cate of occupancy for buildings used for business purposes, and 18 other regulations for the occ-apancy and use of property in said Cityl,, 19 ,1and repealing Ordinance Nos. 1250 and 1437;" provided, havever, 20 that the Mayor and Common Council may, upon groper showing that 211further changes or variances will be detrimental to the public wel- i 22 fare and/or injurious to the property or improvements in the res- j 23lpective zones or districts wherein the property is located, grant 24 for declare a moratorium on conditional exceptions and changes of 25 izone in the City of San Bernardino or any portion thereof until such 26 time as the raaster -;clan has been aNproved. 271 SECTION SEVEN: That the aforementioned State Conservation,, i 28 and Planning Act of 1947, and the amendments thereto, shall be and 1 1 29 ! is hereby incorporated by reference in this Ordinance as fully and 3o completely as if herein set forth and adopted as the law governing �I 31lthe City of San Bernardino except as herein specifically set forth; 32 provided, however, that nothing therein shall be construed or i I - 3 - I� i II interpreted to authorize the incurring or creating of any obligatio]+_ 2i or indebtedness of the City of San Bernardino or the appointment 3 of any engineers, consultants or employees without the approval of ' 4 the Mayor and Common Council. 5 SECTION EIGHT: That if any section, sub-section, sentenco,, 6 clause or phrase of this Ordinance is for any reason held to be 7 ' unconstitutional, such decision shall not affect the validity of g the remaining portions of this Ordinance. The Mayor and Common 9 Council hereby declare that they would have passed this Ordinance I, 10 land each section, sub-section, sentence, clause and phrase thereof, ' 11 irrespective of the fact that any one or more of the other sections 12i sub-sections, sentences, clauses and phrases thereof be declared 131 unconstitutional. it 14I SECTION NINE: That Ordinance No. 1422, and all Ordinances 15 amendatory thereof, shall be and is hereby repealed. 16 SECTION TEN: This Ordinance shall be in force and tare 171 effect from and after thirty (30) days after its passage and � I 18 approval. 19 SECTION ELEVEN: The City Clerk shall certify to the pas- 201 sage of this Ordinance and shall cause the same to be published I 211 three (3) consecutive times in the San Bernardino Evening Telegram, '' 22 a. daily newspaper hereby designated for that purpose. 23I I F-EREBY CERTIFY that the foregoing Ordinance was duly 24 adopted by the Mayor and Common Council of the City of San a re Bernar- at regular meeting thereof held on the 26th day of 25 lino g 26 February, 1948, by the following vote, to-Vitt: 27 Ayes Noes �: i28 C y 29 Clerk 30 it I hereby approves-the foregoing Ordinance this 2_ 7th r�ay 31 i of February, 1945- 32 Prepared and approved as to farm. Mayor of the City of _ Bernardino.