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ORDINANCE NO. MC - 1473
ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA AMENDING CHAPTER 2. 22 OF THE SAN BERNARDINO MUNICIPAL CODE RELATED TO THE " PLANNING
COMMISSION"
WHEREAS, the People of the City of San Bernardino adopted a new Charter at the November 8, 2016 municipal election; and
WHEREAS, the new Charter was filed with the California Secretaryof Stateon January31, 2017 andbecameeffective on that date; and
WHEREAS, the new Charterrequires that that the governing body, formerly known as the Common Council, instead be known as the City Council; and WHEREAS, the City Council in implementing the new Charter provisions has evaluatedthe community' s needfor various committees and commissions and the City' s existing ordinances, including the existing code governing the Planning Commission; and WHEREAS, City Council desiresto amendChapter 2.22 to update and clarify the code relating to the Planning Commission.
NOW, THEREFORE, THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS:
SECTION 1. Chapter2.22 of the San Bernardino Municipal Code is hereby amendedto read in its entirety as follows:
Chapter 2. 22
PLANNING COMMISSION
Sections:
2. 22. 010 Members - Appointment
2. 22. 020 Duties
2. 22. 030 Quorum and Vote Required
The Planning Commission of the City shall consist of nine members who shall serve at the pleasureof the Mayor and City Council. Members shall be appointed andservepursuant to the provisions of Chapter 2. 17 of this code. Members shall be appointed on the basis of 1 1 demonstratedknowledge and experiencein land use, zoning, architecture, engineering, 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 7
revise a comprehensivelong-term generalplan for the physical development of the City and 8 any land outside the boundaries thereof which in the commission'sjudgment bearsrelation to 9 the planning or development of the City itself. Suchplans shall be known asthe generalplan 10 and shall be so preparedthat all or portions thereof may be adoptedby the City Council as a 11 basis for the development of the City for suchreasonableperiod of time next ensuing after the 12 13
adoption thereof as may be practicably covered thereby. 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 amendmentto 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 26
be noted in the minutes for purposes of determining the presence of a quorum at all times. 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 1
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28 SECTION 3. INCONSISTENCIES. Any provision of the San Bernardino Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies, is hereby repealed or modified to the extent necessary to effect the provisions of this Ordinance.
SECTION 4. SEVERABILITY. If any section, subsection, subdivision, sentence, clause, phrase, or word in this Ordinance or any part thereof is for any reason held to be 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 any part thereof. The Mayor and City Council hereby declares that it would have adopted each section irrespective of the fact that any one or more subsections, subdivisions, sentences, clauses, phrases, or words be declared unconstitutional, invalid, or ineffective.
SECTION 5. PUBLICATION. This Ordinance shall take effect and be in full force thirty ( 30) daysfrom and after the passagethereof, andprior to the expiration of fifteen (15) days from its passage shall be published once in a newspaper of general circulation, printed and published in the City of San Bernardino or, in the alternative, the City Clerk may causeto be published a summary of this Ordinance and a certified copy of the text of this Ordinance shall be postedin the office of the City Clerk five (5) daysprior to the dateof adoptionof this Ordinance, and within fifteen ( 15) days after adoption, the City Clerk shall cause to be published the aforementionedsummary and shall post in the office of the City Clerk a certified copy of this Ordinance together with the names of the members of the City Council voting for and against the same.
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28 ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AMENDING CHAPTER 2. 22 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO THE " PLANNING
COMMISSION"
I HEREBY CERTIFY that the foregoing Ordinance was duly adoptedby the Mayor and City Council of the City of San Bernardino at ajoint regular meeting thereof, held on the 7th
day of March 2018, by the following vote, to wit:
Council Members: AYES NAYS
MARQUEZ 1
BARRIOS
VALDIVIA k S
SHORETT
NICKEL V
RICHARD ) e,'
MULVIHILL X ( Lh)
ABSTAIN ABSENT
Georgean Hanna, C C, City Clerk
The foregoing Ordinance is hereby approvedthis
7th
day of March 2018.
12 L"t. CN
R. Carey Davi. Mayor
City of San B rnardino
Approved as to form:
Gary D. Saenz, City Attorney
Bytl, C--A,, t: CL2
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