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WILLIAM H COOPER
P. o. BOX 2534, SAN BERNARDINO CA. 92406
(619)324-2782
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October 13, 1986
Honorable Mayor and City Council
City of San Bernardino
Re: Request to appear before Counci I to ask for Interpretation of
Ordinance II MC-537, (Emergency measure providing for "grand-
father" rights on fee increase)
Honorable Members:
I request the council to Interpret this measure to include the 22 unit
apartment proJect at 1319 Acacia Street. Whi Ie comp leted plans were
not submitted by the stated April 1,1986 qualification date, plans for
development had been submitted as well as applications and fees paid
for alley vacations which were the Initial steps for the development.
Respectfully the following facts are submitted:
I. Information regarding fees by the City initially given in
January and confirmed in March, Any pending fee increase or
discussion was never mentioned by planning department,
bui Iding and safety, water department, redevelopment agency,
or Mayor's office,
2, Alley vacation application and fee paid on March 10,1986
(necessary and first step for developmentl.
3, Initial building plans and fees paid in March for planning
department approval.
4. Due to procedural changes developer was encouraged to
postpone final plan submital until June as would expedite
approva I.
5, Until final permit was received, developer was never informed
of pending fee increase.
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6, This project while located within the uptown redevelopment
area is being completed without asking for any special
assistance or help, The City of San Bernardino is benefited by
the exchange of obsolete substandard housing for new, The tax
base is very significantly Increased,
This developer is asking for an interpretation that wi II achieve equity
and fairness and complies with the spirit and language of the ordinance,
I request the opportunity to submit evidence as well as answer any of
your questions,
Respectfully,
William H. Cooper
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ORDINANCE NO. MC-537
ORDINANCE OF THE CITY OF SAN aERNARDINO ADDING SUBSECTION D
TO SECTION 15.56.040 OF THE SAN BERNARDINO MUNICIPAL CODE
CONCERNING THE IMPOSITION OF BUILDING CONSTRUCTION FEES;
PROVIDING AN EXEMPTION FROM THE AMOUNT OF THE FEE INCREASED
EFFECTIVE JUNE 20, 1986 FOR ANY BUILDING PERMIT FOR WHICH AN
APPLICATION WITH PLANS AND SPECIFICATIONS WERE FILED PRIOR TO
APRIL 1, 1986; AND DECLARING THE URGENCY THEREOF.
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
DO ORDAIN AS FOLLOWS:
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9 the San Bernardino Mu~icipal Code to read:
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SECTION 1.
Subsection D is added to Section 15.56.040 of
"D.
Notwithstapding the foregoing provisions, the amount of
11 the fee increased effective June 20, 1986, shall not be imposed
12 and charged for any building permit for which an application
13 together with two sets of complete plans and specifications, as
14 required by Sections 301 and 3026f the Uniform Building Code,
15 are filed with the City prior to April 1, 1986."
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SECTION 2.
This ordinance is an emergency measure and shall
take effect immediately upon its adoption and approval in order
18 that necessary taxes can be collected for municipal purposes
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without which taxes there would be insufficient revenue available
to defray the expenses of the City.
The provisions of this
21 amendment will enact an exemption to developers who have obtained
22 the requisite planning and building approvals and have prepared
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and filed plans and specifications.
The provisions will effectuate an orderly and fair process
25 for fee collections in instances when the plans and
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specifications were timely presented before the effective date of
27 the imposition of the increase in the fee, but building permits
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1 were unable to be issued before such date for reasons not the
2 fault of the applicant.
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
6 the 19th day of
requ1ar
Auqust
meeting thereof, held on
, 1986, by the
7 following vote, to wit:
8 AYES: Council Members Estrada_ Rei11v. Hernandez, Marks.
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,16 of
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20 Approved as to form:
Quiel. Frazier. Strickler
NAYS:
None
ABSENT:
None
~~~~;fil~
/ City Clerk
The foregoing ordinance is hereby approved this 21st
Auqust
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22 City Attorney
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day
, 1986.
t e City
Pro Tempore
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