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CI1C OF SAN BERNARDIO - REQUE&:r FOR COUNCIL ACoQN
From: Ralph H. Prince
Dept: Ci ty Attorney
Date: January 11, 1985
Subject:
Storm Drain Fee Exemption
Synopsis of Previous Council action:
On December 17, 1984, Council requested that the City Attorney prepare an amendment
10 the storm drain ordinance to exempt from the drainage fee properties where a
buil di ng is bei ng reconstructed and to make certai n that such properties recei ve
credit for sewer connection and capacity fees.
Recommended motion:
That further reading of the ordinance be waived and said ordinance be laid over
for final adoption.
cc: Bernie Kersey
Manue 1 Moreno
Jack Rosebraugh
Roger Hardgrave
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? Signature
Contact person:
.10tl nnp Fpn ton
Phone:
5055
Supporting data attached: Yf>S
Ward:
FUNDING REQUIREMENTS: Amount:
Source:
Finance:
Council Notes:
75-0262
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CI~ OF SAN BERNARDICb - REQUEQr FOR COUNCIL AC-hbN
STAFF REPORT
Section 13.08.055 B of the Municipal Code now provides
that sewer connection and sewer capacity fees shall not be
charged for the reconstruction of any dwelling demolished at
the election of the owner or as a public nuisance or destroyed
by flood, fire, other than fire intentionally set by the
applicant, or other disaster. This exemption applies only if
the applicant provides proof satisfactory to the
Superintendent of Building and Safety that such connection
fees were collected by the City at the time of construction of
the dwelling to be replaced. If the reconstructed dwelling
includes a greater number of bedrooms than the destroyed
dwelling, fees are charged only as to the number of additional
bedrooms in the reconstructed dwelling.
This exemption for sewer connection and sewer capacity
fees was adopted by the Mayor and Common Council January,
1984.
Pursuant to the Council discussion on December 17, 1984,
this same exemption has been drafted to apply to the storm
drainage fee imposed by Section 3.38.040 of the Municipal
Code.
75-0264
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ORDINANCE NO.
ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER
3.38.040 TO ADD PARAGRAPH C TO PROVIDE AN EXEMPTION FROM THE
STORM DRAINAGE FEE FOR THE RECONSTRUCTION OF ANY DWELLING
DEMOLISHED OR WHICH IS DESTROYED BY DISASTER.
THE MAYOR AND COMMON'COUNCIL OF THE CITY OF SAN BERNARDINO
DO ORDAIN AS FOLLOWS:
SECTION 1. Section 3.38.040 of the San Bernardino Municipal
Code is amended to add paragraph C as follows:
"C. The fee prescribed in paragraph A shall not be charged
for the reconstruction of any dwelling demolished at the election
of the owner or as a public nuisance or destroyed by flood, fire,
other than fire intentionally set by the applicant, or other
disaster. This exemption shall apply only if the applicant
provides proof satisfactory to the Superintendent of Building and
Safety that such storm drainage fee was collected by the City at
the time of construction of the dwelling to be replaced. If the
reconstructed dwelling includes a greater number of bedrooms than
the destroyed dwelling, the fees imposed in paragraph A shall be
charged only as to the number of additional bedrooms in the
reconstructed dwelling as set forth by resolution."
I HEREBY CERTIFY that the foregoing ordinance was duly
adopted by the Mayor and Common Council of the City of San
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~ Bernardino at a
:! __._____._ day of
meeting thereof, held on the
,1985, by the following vote, to,
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wit:
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AYES:
Council Members
NAYS:
ABSENT:
CITY CLERK
The foregoing ordinance is hereby approved th.is
day
of
, 1984.
Mayor of the City of San Bernardino
Approved as to form:
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City A(torney
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ORDINANCE NO.
ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER
3.38.040 TO ADD PARAGRAPH C TO PROVIDE AN EXEMPTION FROM THE
STORM DRAINAGE FEE FOR THE CONSTRUCTION OF ANY BUILDINGS ON A
SITE PREVIOUSLY DEVELOPED EXCEPT TO THE EXTENT THE FEE FOR THE
NEW CONSTRUCTION EXCEEDS THE FEE FOR THE PREVIOUS CONSTRUCTION.
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
DO ORDAIN AS FOLLOWS:
SECTION 1. Section 3.38.040 of the San Bernardino Municipal
Code is amended to add paragraph C as follows:
.C. The fee prescribed in paragraph A shall not be charged
for the construction of any buildings which replace structures on
a site previously developed, except to the extent that the fee
for the use established by the new construction exceeds the fee
charged for the use of the structures being replaced..
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
, 1985, by the following vote, to
day of
wit:
AYES:
Council Members
NAYS:
ABSENT:
CITY CLERK
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of
The foregoing ordinance is hereby approved this
, 1984.
day
Mayor of the City of San Bernardino
Approved as to form:
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City A torney
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