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HomeMy WebLinkAbout43-City Attorney , " 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 . /~/?~ ? Signature Contact person: .10tl nnp Fpn ton Phone: 5055 Supporting data attached: Yf>S Ward: FUNDING REQUIREMENTS: Amount: Source: Finance: Council Notes: 75-0262 A"".. '''''' N"~ 1.lllJ 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 . 0 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 '11ll JU o o o 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 II ~ Bernardino at a :! __._____._ day of meeting thereof, held on the ,1985, by the following vote, to, Ii wit: / / / / 1\ / / / / . 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 I 'I " 23 I II 24 o! ;' 25 26 27 28 1"[111- o o o 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: . ,-;7 . /'" (7 . /{#,~~J P;'?-:/k;t;','!'/ City A(torney -2- 0 1 2 3 4 S 6 7 8 9 10 11 12 13 14 IS 16 17 18 19 20 21 22 23 24 25 26 27 28 I' I 1,: ~_: 1.'H o o o 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 I / / / / / / / / ~ ~-</3 i' ,I 0 I 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 ~ ._J11 t o o o of The foregoing ordinance is hereby approved this , 1984. day Mayor of the City of San Bernardino Approved as to form: ~~~9 City A torney -2-