HomeMy WebLinkAbout40-City Attorney
-
- - ~
...... - --
~
.
CIO OF SAN BERNARDOO - REQUOT FOR COUNCIL A~ON
From: Ralph H. Prince
Dept: City Attorney
Date: May 23, 1986
Subject:
"Move-;-on" Ordinance
Synopsis of Previous Council action:
4/21/86
The matter concerning "move-ons" was referred to the
Legislative Review Committee for study and recommendation.
Recommen'.led motion:
Waive further first reading of ordinance and layover for final
adoption.
~~#/?~
Signature
Contact person:
Cynthia Grace
Phone:
5255
FUNDING REQUIREMENTS:
Amount:
None
Sou rce:
N/A
N/A
Supporting data attached:
Yes
Ward:
Finance:
Council Notes:
Ll.nQn". I.Q~ "^ ~ .
7o;:_n?~?
-
c
........
u
........
....)
:)
1
ORDINANCE NO.
2 ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER
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.
4
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
5 DO ORDAIN AS FOLLOWS:
6 SECTION 1. Section 19.68.010 of the San Bernardino
7 Municipal Code is amended to read:
8 "19.68.010 Conditional use permit required - Filing
9 application.
10 It is unlawful to move any building or structure, including
11 factory-built and manufactured housing, to any lot or parcel in
12 the City without first obtaining from the Planning Commission a
13 conditional use permit."
14 SECTION 2. Section 19.68.060 of the San Bernardino
15 Municipal Code is amended to read:
16 "19.68.060 Hearing on petition and notice thereof.
17 A hearing shall be conducted in accordance with the
18 procedures set forth in Section 19.78.040 of this Code."
19 SECTION 3. Section 19.68.070 is added to the San Bernardino
20 Municipal Code to read:
21 "19.68.070 Conditions to use.
22 All applications for a conditional use permit for a building
23 moving permit shall be subject to the following conditions.
24 A. Construction shall be completed within one hundred
25 twenty days from the date of issuance of the building permit.
26 B. No permit for a move-on building shall be issued for
27 another move-on building within fifteen hundred feet of any other
28
1
c
c
~
~
~)
1 move-on building under construction."
2 SECTION 4. Section 19.68.100 of the San Bernardino
3 Municipal Code is amended to read:
4 "19.68.100 Issuance of permit - Bonds.
5 A. Before a building permit for a move-on building is
6 issued, the applicant shall deposit with the Planning Department,
7 or with a responsible bank or trust company at the option of the
8 City, time certificates of deposit in the name of the City, or a
9 power of attorney and assignment and delivery to the City of a
10 time certificate of deposit, a deposit of money or negotiable
11 bonds or an approved instrument of credit from a financial
12 institution pledging that the necessary funds are on deposit and
13 guaranteed for payment, as security to guarantee the faithful
14 erformance and completion of the terms and conditions of the
15 permit, in an amount at least equal to the estimated cost
16 necessary to cover such faithful performance, but in no case less
17 than the sum of ten thousand dollars. Said funds shall be
18 returned or released to the depositor within ten days following
19 the date upon which full compliance with all such terms and
20 onditions is established. The use of this security deposit
21 echanism shall not be justification for imposition of any
22 dditional terms or conditions beyond those imposed at the time
23 f the original approval of the project by the Planning
24 ommission or the Mayor and Common Council.
25 B. Construction shall be completed within one hundred
26 wenty days of the issuance of the building permit.
27 C. If construction is not completed within one hundred
28
2
- --
c
--
'-'
,.....
.....,I
.)
1 twenty days, there shall be a penalty of twenty five dollars per
2 day for each day, not to exceed five hundred dollars, until a
3 certificate of occupancy is issued.
4
D. If construction is not completed within one hundred
5 forty days, the building permit shall become null and void and
6 such failure to complete the construction shall be grounds for
7 revocation of the conditional use permit pursuant to Chapter
8 19.78.
9
E. If construction is not completed within one hundred forty
10 days, the City may commence abatement proceedings pursuant to
11 Chapter 8.33 of this Code."
12 SECTION 5. Section 19.68.110 of the San Bernardino
13 Municipal Code is amended to read:
14
15
"19.68.110 Ratification by Mayor and Common Council.
The decision of the Planning Commission authorizing the
16 issuance of a permit under this chapter, shall be forwarded to
17 the Mayor and Common Council and shall be subject to the approval
18 of the Mayor and Common Council."
19
SECTION 6. Section 19.68.120 of the San Bernardino
20 Municipal Code is amended to read:
21
22
"19.68.120 Exemption.
Manufactured housing being moved to a site inside an
23 approved mobile home park or subdivision shall be exempt from the
24 provisions of this Chapter. It is not the intent of this Chapter
25 to conflict with Title 25 of the Administrative Code of the State
26 of California; all provisions of this Chapter shall be
27 interpreted in such a way as to be consistent with Title 25."
28
3
-
- - -
- - -
~
.
c
c
-...
....;
:)
1 SECTION 7. Section 19.68.050 of the San Bernardino
2 Municipal Code is hereby repealed.
3 I HEREBY CERTIFY that the foregoing ordinance was duly
4 adopted by the Mayor and Common Council of the City of San
5 Bernardino at a
meeting thereof, held on
6 the
day of
, 1986, by the
7 following vote, to wit:
8 AYES:
9
10 NAYS:
11 ABSENT:
12
13
14
15
City Clerk
The foregoing ordinance is hereby approved this
day
16 of
17
18
, 1986.
Mayor of the City of San Bernardino
19 Approved as to form:
20
21 / {U~"J II 7:d~C/
City ~torney
22
23
24
25
26
27
28
4