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HomeMy WebLinkAbout25-Development Services I I CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Date: June 19,2002 c. 'I ,'- Ordinance of the City of San Bernardino amending Chapter 3,13 of the San Bernardino Municipal Code relating to requests for refunds of certain fees by non-profit organizations, From: James Funk, Director Dept: Development Services Subject: MCC Date: July 1,2002 Synopsis of Previous Council Action: December 5, 2001, The Ways and Means Committee referred this item to Mayor and Common Council, Recommended Motion: That the first reading be waived and the ordinance be laid over for final adoption, Y&uVt,JO#-r~ James F Contact Person: Valerie C, Ross Phone: 384,5057 Supporting data attached: Staff Reoort & Ordinance Ward: Citywide FUNDING REQUIREMENTS: Amount: N/A Source: (Acct No,) Finance: Council Notes: Agenda Item No, ~ 1/ Il'er I I CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT SUBJECT: Ordinance of the City of San Bernardino amending Chapter 3.13 of the San Bernardino Municipal Code relating to requests for refunds of certain fees by charitable nonprofit organizations. Mayor and Common Council Meeting of July 1, 2002 BACKGROUND: The Ways and Means Committee has considered several requests for fee waivers from nonprofit organizations associated with Temporary Use Permits (TUP). The Committee supported the fee waivers, and discussed the fee waiver policy and events that are eligible for fee waivers. Staffwas asked to consider an amendment to the Development Code exempting non-profit organizations from the TUP requirement for certain limited, small temporary events. It was suggested that processing a Temporary Use Permit and an accompanying fee waiver request might not be the best use of limited staff resources. However, staff recommended that the TUP process remain. The intent of the TUP requirement is to provide a coordinated process to help applicants determine what is needed to hold a temporary event. Applicants (nonprofit or for profit organizations) still need to obtain various permits and/or pay fees for other City services. For example, certain activities will need a tent permit, refuse service, Police assistance, and other similar permits. Staff recommended that the Ways and Means Committee support a recommendation that charitable nonprofit organizations be allowed to process no-fee Temporary Use Permit applications for certain specified activities (fairs, carnivals, etc.) as follows: . the certified charitable nonprofit organization has been in the City for three or more years the activities/events are open to the public . the Mayor may approve waivers ofthe related fees, such as the costs associated with refuse service and police assistance . fee waivers are limited to $500 per event and two events per year, with a total fee waiver of $1,000 per non-profit, per calendar year The Committee reviewed the proposed fee waiver policy. Staff was then directed to prepare an amendment to the Municipal Code. FINANCIAL IMP ACT: The cost to the City to implement program will be minimal, since non- profits routinely request fee waivers for their activities. RECOMMENDATION: Staff recommends that the Mayor and Common Council approve the fee waiver revisions. Exhibits: Ordinance I I : EXHIBIT 1 3.13.020 Request for Waiver or Refund The request for a waiver or a refund must be made on a verified claim and signed by the representative of the original applicant not later than sixty (60) days after the payment of the fee, and must be presented to the department or division of the department to whom the fee was paid. The department or division shall then determine which portion, if any, of the fee is not attributable to City charges, and shall also determine the cost to the City of time spent or to be spent or expenses incurred or to be incurred by the department or division. A report of such costs to the City and other relevant data pertaining to the permit, license or certificate shall be forwarded to the administrative officer for presentation to the Mayor and Common Council. (Ord. 245392,1962.) The request for a refUnd of a Temporary Use Permit application and related City fees must be submitted by the representative of the original applicant not later than thirty (30) days after the payment of the fee, and must be presented to the Development Services Department. The Development Services shall then determine the City permit fees paid by department or division. A report of such costs and other relevant data pertaining to the permit shall be forwarded to the administrative officer. 3.13.25 Waiver or Refund The Mayor and Common Council may in their discretion and taking into consideration the information provided pursuant to Section 3.13.020, waive or refund the established fees in a total amount of not to exceed twenty-five thousand dollars ($25,000) for anyone organization in any twelve month period. (Ord. MC-681, 11-6-89.) The administrative officer may in his or her discretion and taking into consideration the information provided pursuant to Section 3.13.020, refund the City Temporary Use Permit fees in a total amount of not to exceed $500 per event, or $1,000 in any calendar year. 3.13.30 Applicability The provisions of this Chapter shall apply to all charitable non-profit organization determined by the Internal Revenue Service to meet the requirements of 26 U.S.C. Section 501 (c)(3) of the Internal Revenue Code as long as such organizations are not "a church, or convention or association of churches" as described in 26 U.S.C. Section 170 (b )(1 )((A)(I) of the Internal Revenue Code. (Ord. MC-653, 3-13-89.) The provisions of this chapter pertaining to Temporary Use Permits shall be applicable to all non-profit organizations whose status has been certified, the non-profit organization has been in operation in the City of San Bernardino for three years or more, the temporary activity or event is open to the public (there is no cover charge or restriction to entry, and there are no more than two events or activities during a calendar year. I-I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE NO. [3 ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 3.JIl OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO ~T8 ~~Bk~~C;:r~~~~IZAnQNi. - ~ THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: SECTION 1. Sections 3.13.020, 3.13.025, and 3.13.030 of the Municipal Code are dd dd dd" II ... fundo(T~ ~",~ amen e to a a ltIona anguage pertammg t<<1 re QI)... t' cJllAwt-- ~ as .d.l.vnu:u Ln.l"':bit A, ~ttuDh8d R8P8t9 Me iR9':"~- I. .11.. .ei- 1,,"]' l'PfOPArtn.a. +tf .IC. I I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 3.12 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO Hit L.~~S :feR REFBNYS BF CEMA:m FEES BY N8H-PItOn'f 8RG:_"lJ'7.i TT01\!~ \..:-J I HEREBY CERTIFY that the foregoing ordinance was duly adopted by the Mayor and Common Council of the City of San Bernardino at a meeting thereof, held on the day of , 2002, by the following vote to wit: Council Members: AYES NAYS ABSTAIN ABSENT ESTRADA LIEN MCGINNIS DERRY SUAREZ ANDERSON MCCAMMACK City Clerk The foregoing ordinance is hereby approved this day of 2002. JUDITH V ALLES, Mayor City of San Bernardino Approved as to form and legal content: JAMES F. PENMAN City Attorney By: EXHIBIT A (13.13.020 Request for Waiver or Refund A . The request for a waiver or a refund must be made on a verified claim and signed by the representative of the original applicant not later than sixty (60) days after the payment of the fee, and must be presented to the department or division of the department to whom the fee was paid. The department or division shall then determine which portion, ifany, of the fee is not attributable to City charges, and shall also determine the cost to the City oftime spent or to be spent or expenses incurred or to be incurred by the department or division. A report of such costs to the City and other relevant data pertaining to the permit, license or certificate shall be forwarded to the administrative officer for presentation to the Mayor and Common Council. (Ord. 2453 ~2, 19i62')ti-~f)~ 5eil"I~D~ 6 . The reques or a refund of a Temporary Use Permit application and related City fees must be submitte y the representative of the original applicant not later than thirty (30) days after the payment of the fee, aRiI !miot 'n Frllsilltlli! t9 tR& g&~'8111"ftl.C.lt Sill. ius D'FaIl .118&. The Development serviceS~Shall th en determine thti~ JlillRit HilS Filii! hy i!8!l-,L.JBt~r di':isilHl. A report of such c sts and other relevant ta pertaining to the permit shall be forwarded to the administrat ve Of. licer. c:.ortl 1~CA4t'tu! b k C,;.., . .0?--5 ve /)1 Y I 3.13r Waiver or Refund r Ii . The Mayor and Common Council may in their discretion and taking into consideration the information provided pursuant to Section 3.13.020, waive or refund the established fees in a total amount of not to exceed twenty-five thousand dollars ($25,000) for anyone organization in any twelve month period. (Ord. MC-681, 11-6-89.) ~,. QJI. Y ~ ~AYI~lJ\_ B. The administrative officer may in his or her discretion and taking into C~Sideration the information provided pursuant to Section 3.13.020, refund the City Temporary se Permit fees in a total amount _not to exceed $500 per event, or $1,000 in any calendar ye ~ ~\H1" ,. l.'1...fU3 ~ 1.1I,"" 3.13.30 Applicability aUOf,h~ ~o.J.~~. ~t1'o~ A. The provisions of this Chapter shall a ly to all charitable non-profit lil'!lIftiootiill' determined by the Internal Revenue Service to eet the requirements of26 U.S.C. Section 501 (c)(3) of the Internal Revenue Code as long as .. " ,..n"u~+~Q'" n.. "'~~,:,~iati81\ ~f l.httf5kea" ~ dVi3vlib""d:u 2(: U ~ C 541~tiQR l?Q {.\J)(l)(( A )(1) af tJ19lDtfHiRal Re. ~Ii...~ Cud",. {Old. IvIG-<EJ3, 3-13-a3.)~ ~fala\&. ~c't- .(I.L ~ ~ ~ c.erflO...-hiD-..t 8. The provisions ofthis chapter pertaimng to"Temporary Use PermiloC.shall be applicable '.,. to all . . whose status has been certified, tAil ROR pr~ ol'!.!l<lil!,t" I.qi. ~ ~ been in operation in the City of San Bernardino for three years or more, ... temporary activity or event is open to the public (there is no cover charge or restriction to ~trylanli thin .1 filS II f--- +I.~n ....- _..b u. uul;.:t:u ~g a 8l1lcllaou JuouL. '~ i~ I I 1 2 3 <1 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE NO. o INANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 3.12 OF T SAN BERNARDINO MUNICIPAL CODE RELATING TO REQUESTS FOR REFUN S OF CERTAIN FEES BY NON-PROFIT ORGANIZATIONS. THE MAY AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS Fa LOWS: SECTION 1. Se tions 3.13.020, 3.13.025, and 3.13.030 of the Municipal Code are amended to add additional I uage pertaining to refund requests by non-profit organizations as shown in Exhibit A, attached Ii eto and incorporated herein by reference. III III " 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 3.12 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO REQUESTS FOR REFUNDS OF CERTAIN FEES BY NON-PROFIT ORGANIZATIONS. I HEREBY CERTIFY that the foregoing ordinance was duly adopted by the Mayor and Common Council of the City of San Bernardino at a held on the Council Members: ESTRADA LIEN MCGINNIS DERRY SUAREZ ANDERSON MCCAMMACK meeting thereof, day of , 2002, by the following vote to wit: AYES NAYS ABSTAIN ABSENT City Clerk 2002, The foregoing ordinance is hereby approved this Approved as to form and legal content: JAMES F. PENMAN City Attorney By: day of JUDITH VALLES, Mayor City of San Bernardino ~ EXHIBIT A 3.13.020 Request for Waiver or Refund The request for a waiver or a refund must be made on a verified claim and signed by the representative of the original applicant not later than sixty (60) days after the payment of the fee, and must be presented to the department or division of the department to whom the fee was paid. The department or division shall then determine which portion, ifany, of the fee is not attributable to City charges, and shall also determine the cost to the City of time spent or to be spent or expenses incurred or to be incurred by the department or division. A report of such costs to the City and other relevant data pertaining to the permit, license or certificate shall be forwarded to the administrative officer for presentation to the Mayor and Common Council. (Ord. 2453 ~2, 1962.) The request for a refund of a Temporary Use Permit application and related City fees must be submitted by the representative ofthe original applicant not later than thirty (30) days after the payment of the fee, and must be presented to the Development Services Department. The Development Services shall then determine the City permit fees paid by department or division. A report of such costs and other relevant data pertaining to the permit shall be forwarded to the administrative officer. 3.13.25 Waiver or Refund The Mayor and Common Council may in their discretion and taking into consideration the information provided pursuant to Section 3.13.020, waive or refund the established fees in a total amount of not to exceed twenty-five thousand dollars ($25,000) for anyone organization in any twelve month period. (Ord. MC-681, 11-6-89.) The administrative officer may in his or her discretion and taking into consideration the information provided pursuant to Section 3.13.020, refund the City Temporary Use Permit fees in a total amount of not to exceed $500 per event, or $1,000 in any calendar year. 3.13.30 Applicability The provisions of this Chapter shall apply to all charitable non-profit organization determined by the Internal Revenue Service to meet the requirements of26 U.S.C. Section 501 (c)(3) of the Internal Revenue Code as long as such organizations are not "a church, or convention or association of churches" as described in 26 U.S.c. Section 170 (b)(I)((A)(1) of the Internal Revenue Code. (Ord. MC-653, 3-13-89.) The provisions of this chapter pertaining to Temporary Use Permits shall be applicable to all non-profit organizations whose status has been certified, the non-profit organization has been in operation in the City of San Bernardino for three years or more, the temporary activity or event is open to the public (there is no cover charge or restriction to entry, and there are no more than two events or activities during a calendar year.