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ORDINANCE NO.
MC-452_
2 ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION
18.40.040 SUBSECTION A OF THE SAN BERNARDINO MUNICIPAL CODE
3 RELATING TO REQUIREMENTS FOR DRAINAGE FACILITIES; REPEALING
SECTION 3.38.060; AND DECLARING THE URGENCY THEREOF.
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THE HAYOR AND COMllON COUNCIL OF THE CITY OF SAN BERNARDINO DO
5 ORDAIN AS FOLLOWS:
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SECTION 1. Section 18.40.040 Subsection A of the San
7 Bernardino Municipal Code is amended to read:
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"A. The subdivider shall be required to construct storm
9 drainage facilities as needed to adequately protect the
10 subdivision from flooding. Any such drainage facilities required
11 for protection of the tract from flooding shall be constructed in
12 accordance with the City's storm drain master plan. Other storm
13 drainage facilities deemed necessary for the subdivision, or to
14 satisfy the drainage needs of the neighborhood, shall also be
15 constructed as directed by the Director of Public Works/City
16 Eng ineer."
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SECTION 2. Section 3.38.060 of the San Bernardino Municipal
18 Code is repealed.
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SECTION 3. This ordinance is an urgency measure which shall
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I take
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effect and become operative upon its adoption and approval.
facts constituting such an urgency are:
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A. There is a storm drainage fee for payment for
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construction of storm drainage facilities which are not directly
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related to the protection of the specific subdivisions for which
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the fees have been imposed.
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II B.
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II related to
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the protection of subdivisions for which the fee is
There is also a storm drainage fee for storm drains
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MC-452
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1 ft is the finding of the Mayor and Common'Council that
2 requirement of payment for facilities not directly related to the
3 specific subdivision constitutes a double payment for storm
4 drainage facilities, and should be eliminated immediately to
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5 I relieve subdividers of a burden which is impairing their ability
6 to proceed with important projects now in construction or about to
7 enter the construction phase.
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II I HEREBY CERTIFY that the
adopted by the Mayor and Common
Council of the City of San
foregoing ordinance was duly
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10
Bernardino at a
regular
meeting thereof, held
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on the
15th day of April
, 1985, by the following
12 vote, to wit:
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Council Members
Castaneda, Reilly, Hernandez, Marks,
AYES:
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Quiel, Frazier, Strickler
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NAYS:
None
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ABSENT:
None
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Ilof
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iiApproved as to form:
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I,tity At orney'
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day
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~fl1a'/7ai,~;.y/
/ City Clerk
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The foregoing ordinance is hereby approved this
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, 1985.
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