1 ORDINANCE NO. MC-1473
2 ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN 3 BERNARDINO, CALIFORNIA AMENDING CHAPTER 2.22 OF THE SAN BERNARDINO • MUNICIPAL CODE RELATED TO THE "PLANNING
4 COMMISSION"
5 WHEREAS, the People of the City of San Bernardino adopted a new Charter at the November 8, 2016 municipal election; and
6 WHEREAS, the new Charter was filed with the California Secretary of State on January 31, 2017 and became effective on that date; and 8 WHEREAS, the new Charter requires that that the governing body, formerly known 9 as the Common Council, instead be known as the City Council; and 10 WHEREAS, the City Council in implementing the new Charter provisions has 11 evaluated the community's need for various committees and commissions and the City's existing ordinances, including the existing code governing the Planning Commission; and 12 13 WHEREAS, City Council desires to amend Chapter 2.22 to update and clarify the code relating to the Planning Commission.
14 NOW, THEREFORE, THE MAYOR AND CITY COUNCIL OF THE CITY OF 15 SAN BERNARDINO DO ORDAIN AS FOLLOWS:
16 SECTION 1. Chapter 2.22 of the San Bernardino Municipal Code is hereby 17 amended to read in its entirety as follows:
18 19 Chapter 2.22
PLANNING COMMISSION
20 Sections:
21 2.22.010 Members-Appointment
2.22.020 Duties
22 2.22.030 Quorum and Vote Required
23 24 The Planning Commission of the City shall consist of nine members who shall serve at 25 the pleasure of the Mayor and City Council. Members shall be appointed and serve pursuant 26 to the provisions of Chapter 2.17 of this code. Members shall be appointed on the basis of 27 28
demonstrated knowledge and experience in land use, zoning, architecture, engineering, 1 2 planning, or other relevant area.
3 2.22.020 Duties
4 The commission shall perform the duties and functions prescribed in Title 19 of this 5 Code and other ordinances. The commission shall prepare, adopt and periodically review and 6 revise a comprehensive long-term general plan for the physical development of the City and 7 8 any land outside the boundaries thereof which in the commission's judgment bears relation to 9 the planning or development of the City itself. Such plans shall be known as the general plan 10 and shall be so prepared that all or portions thereof may be adopted by the City Council as a 11 basis for the development of the City for such reasonable period of time next ensuing after the 12 adoption thereof as may be practicably covered thereby. 13 14 2.22.030 Quorum and Vote Required
15 Five members of the City Planning Commission shall constitute a quorum for the 16 transaction of business. Action granting approval of any matter, except General Plan 17 amendments, and amendments to the Municipal Code, must be taken by a majority vote of 18 commissioners in attendance, and a failure to do so results in an automatic denial of the 19 20 pending matter. A recommendation for approval of a General Plan Amendment or an 21 amendment to the Municipal Code shall be by the affirmative vote of not less than a majority 22 (five) of the total membership of the commission. Procedural matters may be dealt with by a 23 majority of those voting and not abstaining at such times when a quorum is present. The 24 absence (temporary or permanent) of any commissioner previously recorded as present, shall 25 be noted in the minutes for purposes of determining the presence of a quorum at all times. 26 27 SECTION 2. The existing members of the Planning Commission previously 28 established by ordinance shall continue to serve as commissioners until they are replaced. 2 SECTION 3. INCONSISTENCIES. Any provision of the San Bernardino Municipal 1 2 Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of 3 such inconsistencies, is hereby repealed or modified to the extent necessary to effect the 4 provisions of this Ordinance.
5 SECTION 4. SEVERABILITY. If any section, subsection, subdivision, sentence, 6 7 clause, phrase, or word in this Ordinance or any part thereof is for any reason held to be 8 unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision 9 shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any 10 part thereof. The Mayor and City Council hereby declares that it would have adopted each 11 section irrespective of the fact that any one or more subsections, subdivisions, sentences, 12 clauses, phrases, or words be declared unconstitutional, invalid, or ineffective. 13 14 SECTION 5. PUBLICATION. This Ordinance shall take effect and be in full force 15 thirty 30) days from and after the passage thereof, and prior to the expiration of fifteen (15) days 16 from its passage shall be published once in a newspaper of general circulation, printed and 17 published in the City of San Bernardino or, in the alternative, the City Clerk may cause to be 18 published a summary of this Ordinance and a certified copy of the text of this Ordinance shall be 19 20 posted in the office of the City Clerk five (5) days prior to the date of adoption of this Ordinance, 21 and within fifteen (15) days after adoption, the City Clerk shall cause to be published the 22 aforementioned summary and shall post in the office of the City Clerk a certified copy of this 23 Ordinance together with the names of the members of the City Council voting for and against 24 the same.
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3 ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN 1 BERNARDINO, CALIFORNIA, AMENDING CHAPTER 2.22 OF THE SAN 2 BERNARDINO MUNICIPAL CODE RELATING TO THE "PLANNING
COMMISSION"
3 I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor 5 and City Council of the City of San Bernardino at a joint regular meeting thereof, held on the 6 It' day of March 2018, by the following vote, to wit:
7 Council Members: AYES NAYS ABSTAIN ABSENT
8 MARQUEZ
10 BARRIOS
11 VALDIVIA X (S)
12 SHORETT
13 NICKEL
14 RICHARD
15 16 MULVIHILL x(M)
17 18 Georgeant Hanna, CMC, City Clerk
19 The foregoing Ordinance is hereby approved this It day of March 2018. 20 21
22 City of San Bernardino
23 Approved as to form:
Gary D. Saenz, City Attorney
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26 plena Cricker.
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