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~" OF IAN BlRNARDJ.IIO - REQU~5T liOft CUU~IL ACTION
,.le No. 3.01
~: public Works/Engineering
Da.: ~b6.89'
Su~Mrt: Revision\~~n@f?inance No. MC-
~~$.-~i~a1ng for New
'l>. eveloJl....me,;lf~: ~~ Connect to
Vy}}~,?it:iil:W' \;' Sewage System
'feftl: ROGER G. HARDGRAVE
Syneplll of PreviouI Council action:
12-23-87 ---Ordinance No. MC-614 adopted to provide that all new
developments connect to the City's sewage system,
and providing a procedure for reimbursement of cost.
12-08-88 Legislative Review Committee reviewed and approved
proposed revision to Ordinance No. MC-614, subject
to addition of the word "environmental."
04-06-89 Legislative Review Committee reviewed final draft of
proposed ~evision to Ordinance No. MC-614, and
recommended approval, subject to the addition of the
word "domestic."
Recommended motion:
Waive further reading of ordinance and
layover for final passage.
('c: Jim Robbins
,Jim Richardson
,I im Penman
Contact person:
Roger G. Hardgrave
Phone:
5025
Supporting data attaChed:
Staff Report & Ordinance
Ward:
All
FUNDING REOUIREMENTS:
Amount:
N/A
Source: (Acct. No.)
(Acct. Descriotion)
Finance:
Council Not..:
Agenda Item NO..DD.-
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c5v Qp SAN BERNARD~O -
REQU"T FOR COUNCIL ACYlON
Page 1 of 2
STAFF REPORT
A proposed revision was recommended by the Public works
Depart.ment to the sections of the Municipal Code relating to
connection of properties to the City's sewage system. This
revision established a City policy that all new developments
would be required to connect to the Municipal sewage system
with certain limited exceptions. provisions were contained in
the revised code sections that a development could be excepted
from this requirement, by a finding by the Planning Commission
that two specified conditions applied.
The proposed revisions also included a provision that
an owner who was required to extend a sewer main more than 300
feet could file a request for reimbursement with the City
Engineer. Whenever the City Engineer finds that certain
criteria are satisfied, then a recommendation would be made
that the City enter into a payback agreement or approve payment
for a portion of the cost.
It has been recognized that further exceptions need to
be allowed to the requirement that new developments be required
to connect to the sewage system. A proposed revision to the
current code sections was prepared, to authorize additional
exeptions. These additional exceptions include in- fill
projects, developments that will not generate any sewage and
additions less than 25%. This proposed ordinance was reviewed
by the Legislative Review Committee on 12-08-88, and approved
with minor modifications.
Concern was expressed by members of the Legislative
Review Committee that environmental factors be considered in
processing an application for a building permit for a septic
tank. The proposed ordinance has been revised to require that
staff of the Building and Safety Department consider environ-
mental issues during their processing of an application for a
building permit. Also, the effective date has been changed
from 10-1-88 to the adoption date of this ordinance.
Other minor revisions have also been made; in
accordance with a request from the City Attorney's office.
These revisions consist of making it clear that exceptions for
being in excess of 1/2 acre and natural obstructions apply only
to residential uses, and commercial/industrial uses that
yenerate less than 200 gallons of sewage per day, and a
reference included to the definition in the Municipal Code for
in-fill housing. The conditions for lots in excess of 1/2 acre
and a natural obstruction have been combined for clarity.
Other minor editorial changes have also been incorporated into
the final draft.
The proposed revision transfers the responsibility for
making a finding, that the listed conditions are satisfied,
from the Planning Commission to the Director of Public
works/City Engineer. This transfer is made since the Director
4/Q&,l89
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c,;y bF SAN BERNAREOo - REQuCaT FOR COUNCIL ACH10N
STAFF REPORT
Page 2 of 2
of Public Works/City Engineer has responsibility for making
recommendations on reimbursement, and the entire issue should
be handled by one entity.
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We recommend that the proposed revision be approved.
44'06/89
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1 ORDINANCE NO.
2 ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SUBSECTION
B, OF SECTION 13.32.070 OF THE SAN BERNARDINO MUNICIPAL CODE TO
3 PROVIDE ADDITIONAL EXCEPTIONS TO THE REQUIREMENT THAT
DEVELOPMENTS BE REQUIRED TO CONNECT TO THE CITY SEWER SYSTEM.
4
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
5 DO ORDAIN AS FOLLOWS:
fi
SECTION 1.
Subsection B, of Section 13.32.070 of the San
7 Bernardino Municipal Code is amended to read as follows:
8
"B. The Mayor and Common Council may waive or modify, the
9 requirement to connect to the City sewer system where one or more
10 of the following conditions exist:
11
1. The proposed single family residential development will
12 be built upon a lot larger than one-half acre, or the proposed
13 commercial/industrial development will generate less than 200
14 gallons of domestic sewage per day (based upon 15 gallons of
15 sewage per day per employee); and there is a natural obstruction,
16 such as a hill, stream or adverse grades, that prevents the
17 practical extension of a sewer line to serve the development.
18
2. The proposed residential development of four (4) units
19 or less is an in-fill project, where structures exist on at least
20 75% of the block and none are connected to the sewer system.
21
3. The proposed development will not generate any sewage.
22
4. The proposed development is an addition to an existing
23 structure and is less than 25% in area of the existing structure,
24 and does not exceed 1,000 square feet.
25 A waiver to connect to the City sewer system shall not be
;>,0 construed as approval for installation of a septic tank. Permits
27 for construction of septic tanks will be subject to the normal
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PZ/dys
April 20, 1989
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1 environmental review and approval process by the Department of
2 Building and Safety.
3 All waivers granted are temporary in nature, in that, when
4 a main sewer line is constructed within three hundred (300) feet
5 of the property, connection to the sewer system will be required
6
within one hundred twenty (120) days of notification.
The owner
7 of the property receiving a waiver to sewer connection must sign
8 and record an agreement waiving their right, and the right of any
9 successors in interest, to protest the future formation of a
10 sewer assessment district which includes this property.
11 This section shall only be applicable to developments for
12 which a building permit is issued after the effective date of
13 this ordinance."
14 I HEREBY CERTIFY that the foregoing ordinance was duly
10 adopted by the Mayor and Common Council of the City of San
16 Bernardino at a meeting thereof, held on the
17 day of , 1989, by the following vote, to wit:
18 AYES: Council Members
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NAYS:
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ABSENT:
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23 City Clerk
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PZ/dys
April 20, 1989
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ORDINANCE. . . AMENDING SUBSECTION B, OF SECTION 13.32.070 OF
THE SAN BERNARDINO MqNICIPAL CODE TO, PROVIDE ADDITIONAL EXCEPTTrjNb,
TO THE REQUIREMENT' ,\T DEVELOPMEN' BE REQUIRED TO CC'NNEr'l' T( I
THE CITY SEWER SYSTEM.
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The foregoing ordinance is hereby approved this doy I
, 1989.
of
Approved as to form
and legal content:
JAMES F. PENMAN,
City Attorney
PZ/dys
April 20, 1989
Evlyn Wilcox, Mayor
City of San Bernardino
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1 CRDIN^~CE NO.
2 ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SUBSEC,:::
B, OF SECTION 13.32.070 OF THE SAN BERNARDINO MUNICIPAL COCE ,:
3 PROVIDE ADDITIONAL EXCEPTIONS TO THE REQUIREMENT THA:
DEVELOPMENTS BE REQUIRED TO CONNECT TO THE CITY SEWER SYSTEM.
4
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNA?~:N:
5 DO ORDAIN AS FOLLOWS:
6
SECTION 1.
Subsection B, of Section 13.32.070 of the S~~
7 Bernardino Municipal Code is amended to read as follows:
8
"B.
The Director of Public Works/City Engineer may wai~E
9 or modify, the requirement to connect to the City sewer syste~
10 where one or more of the following conditions exist:
11
1. The proposed single family residential development will
12 be built-upon a lot larger than one-half acre, or the proppsed
13 commercial/industrial development will generate less than 200
14 gallons of domestic sewage per day (based upon 15 gallons of
15 sewage per day per employee); and there is a natural obstructio~,
16 such as a hill, stream or adverse grades, that prevents tr.e
17 practical extension of a sewer line to serve the development.
. 18
2.
The proposed residential development of four (4) units
19 or less is an in-fill project, where structures exist on at least
20 75% of the block and none are connected to the sewer system.
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3. The proposed development will not generate any sewage.
22
4. The proposed development is an addition to an existing
23 structure and is less than 25% in area of the existing structure,
24 and does not exceed 1,000 square feet.
25 A waiver to connect to the City sewer system shall not be
26 construed as approval for installation of a septic tank. Permits
27 for construction of septic tanks will be subject to the normal
28
PZjdys
April 6, 1989
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(l/;li;m~ #6{)
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1 environmental review and approval process by the Department c
2 Building and Safety.
3
All waivers granted are temporary in nature, in that, whe
4 a main sewer line is constructed within three hundred (300) fee
5 of the property, connection to the sewer system will be require
6
within one hundred twenty (120) days of notification.
The owne
7 of the property receiving a waiver to sewer connection must sig
8 and record an agreement waiving their right, and the right of an
9 successors in interest, to protest the future formation of
10 sewer assessment district which includes this property.
11 This section shall only be applicable to developments fo
12' which a building ~ermit is issued after the effective date 0
13 this ordinance."
14
15 adopted by the Mayor and Common Council of the City of Sar
I HEREBY CERTIFY that the foregoing ordinance was dU1,
16 Bernardino at a meeting thereof, held on the
17 day of , 1989, by the following vote, to wit:
18 AYES: Council Members
19
20
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25
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NAYS:
ABSENT:
City Clerk
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PZ/dys 2
April 6, 1989
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The foregoing ordinance is here~y approved this
do, .
of
1989.
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Evlyn Wilcox, Mayor
City of San Bernardino
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Approved as to form
6 and legal content:
7
JAMES F. PENMAN,
City Attorney
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By: j(:/'~ j
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PZ/dys
April 6, 1989
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