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CI'" OF SAN BERNARDIe> - REQU. FOR COUNCIL ~
From:
Ralph H. Prince
Subject: "Move-on" Ordinance
Dept: City Attorney
Da~: June 26, 1986
Synopsis of Previous Council action:
4/21/86
The matter concerning "move-ons" was referred to the
Legislative Review Committee for study and recommendation.
6/2/86
Council referred ordinance back to the Legislative
Review Committee.
6/19/86
Legislative Review Committee recommended approval
with changes.
Recommended motion:
Waive further first reading of ordinance and layover for final
adoption.
~p4J~~,
, Signature
Contact person:
Cynthia Grace
Phone:
5056
FUNDING REQUIREMENTS:
Amount:
None
Source:
N/A
N/A
Supporting data attached:
Yes
Ward:
Finance:
Council Notes:
75.0262
Agenda I tern No, 1/0 .
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ORDINANCE NO.
ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER
2 19.68 OF THE SAN BERNARDINO MUNICIPAL CODE PERTAINING TO THE
3 MOVING OF BUILDINGS IN THE CITY OF SAN BERNARDINO, AND REPEALING
SECTION 19.68.050.
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THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
5 DO ORDAIN AS FOLLOWS:
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SECTION 1. Section 19.68.010 of the San Bernardino
Municipal Code is amended to read:
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"19.68.010 Conditional use permit required.
It is unlawful to move any building or structure, including
10 factory-built and manufactured housing, to any lot or parcel in
11 the City without first petitioning for and obtaining a
12 conditional use permit from the Mayor and Common Council."
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SECTION 2. Section 19.68.060 of the San Bernardino
14 Municipal Code is amended to read:
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"19.68.060 Hearing on petition and notice thereof.
A.
The Planning Commission shall hold at least one public
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17 hearing on the matters referred to in petitions for conditional
18 use permits not more than forty-five days after the petition is
19 received and formally accepted as complete by the Planning
20 Department. The Planning Department shall acknowledge the
21 acceptance or rejection of a petition for conditional use permit,
22 based upon the completeness of said petition, within a period of
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not to exceed five working days.
B.
Notice of the time and place of the hearing, including a
general description of the matter to be considered and a general
description of the property for which the conditional use permit
27 is proposed, shall be given at least ten days before the hearing,
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1 in the following manner:
1. The notice shall be published at least once in a
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3 newspaper of general circulation published and circulated in the
4 City.
5 2. The notice shall be mailed or delivered to all
6 persons, including businesses, corporations, or other public or
7 private entities shown on the last equalized assessment roll as
8 owning real property within five hundred feet of the property
which is the subject of the proposed conditional use permit.
C. Upon substantial compliance with Paragraphs 1 and 2 of
Subsection B above, the failure of any person to receive the
notice required by this section shall not invalidate any action
taken."
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14 SECTION 3. Section 19.68.065 of the San Bernardino
15 Municipal Code is amended to read:
16 "19.68.065 Referral to Mayor and Common Council.
17 All decisions of the Planning Commission either denying or
18 authorizing the issuance of a permit under this chapter shall be
19 forwarded to the Mayor and Common Council and shall be subject to
20 review and approval of the Mayor and Common Council. No decision
21 shall become final until the Mayor and Common Council has taken
22 action on the application."
SECTION 4. Section 19.68.070 is added to the San Bernardino
unicipal Code to read:
"19.68.070 Conditions to use.
All construction under a conditional use permit for a
uilding moving permit shall be completed within one hundred
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twenty days from the date of issuance of the building permit."
SECTION 5. Section 19.68.100 of the San Bernardino
Municipal Code is amended to read:
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"19.68.100 Issuance of permit - Bonds.
A. Before a building permit for a move-on building is
6 issued, the applicant (petitioner) shall deposit with the
Planning Department, or with a responsible bank or trust company
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8 at the option of the City, time certificates of deposit in the
9 name of the City, or a power of attorney and assignment and
10 delivery to the City of a time certificate of deposit, a deposit
of money or negotiable bonds or an approved instrument of credit
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or other security from a financial institution pledging that the
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13 necessary funds are on deposit and guaranteed for payment, as
14 security to guarantee the faithful performance and completion of
the terms and conditions of the permit, in an amount at least
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equal to the estimated cost necessary to cover such faithful
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performance, but in no case less than the sum of ten thousand
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18 dollars. All interest accrued by the security instrument shall
19 be paid to the City of San Bernardino prior to the return or
20 release to the depositor. The principal of said funds shall be
21 returned or released to the depositor within ten days following
22 the date upon which full compliance with all such terms and
23 conditions is established.
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B. Construction shall be completed within one hundred
25 twenty days of the issuance of the building permit.
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C. If construction is not completed within one hundred
27 twenty days, there shall be a penalty of twenty five dollars per
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1 day for each day, not to exceed five hundred dollars, until a
2 certificate of occupancy is issued. Furthermore, the bond,
3 deposit, instrument or other approved security posted pursuant to
4 Subsection A above may be forfeited after a ten day notice is
5 mailed to the applicant and a hearing held before the Mayor and
6 Common Council.
7 D. If construction is not completed within one hundred
8 forty days, both the building permit and the conditional use
9 permit shall become null and void.
10 E. If construction is not completed within one hundred
11 forty days, the City may commence abatement proceedings. The
12 applicant shall sign a written agreement accepting this
13 ondition."
14 SECTION 6. Section 19.68.120 of the San Bernardino
15 unicipa1 Code is amended to read:
16 "19.68.120 Exemption.
17 Manufactured housing being moved to a site inside an
18 pproved mobile home park or subdivision shall be exempt from the
19 rovisions of this Ch~pter. It is not the intent of this Chapter
20 0 conflict with Title 25 of the Administrative Code of the State
21 f California; all provisions of this Chapter shall be
22 interpreted in such a way as to be consistent with Title 25."
23 SECTION 7. Section 19.68.050 of the San Bernardino
24 unicipa1 Code is hereby repealed.
25 I HEREBY CERTIFY that the foregoing ordinance was duly
26 dopted by the Mayor and Common Council of the City of San
27 ernardino at a meeting thereof, held on
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1 the
day of
, 1986, by the
2 following vote, to wit:
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4 AYES:
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6 NAYS:
7 ABSENT:
City Clerk
The foregoing ordinance is hereby approved this
, 1986.
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of
Approved as to form:
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1156 ~/( ~JI-~~/fc-/
Cl. ty A torney
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Mayor of the City of San Bernardino
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