HomeMy WebLinkAbout31-City Attorney
<:1'1'<. OF SAN BERNARDII,-) - REQUE: 'T FOR COUNCIL ACW, DN
From: Ralph H. Prince
Subject: Interpretation of Exemption from
Park & Recreation Construction
Fee, 22-Unit Apartment Project,
1319 Acacia Street, William H.
Cooper
Dept: City Attorney
Date: November 7, 1986
Synopsis of Previous Council action:
11/3/86
The request for an interpretation of Code Section 15.56.040
Subsection D (Ordinance No. MC-537) as applied to a 22-
unit apartment project at 1319 Acacia Street was set for
hearing at 9:30 a.m. on November 17, 1986.
Recommended motion,
Deny the request for an exemption under San Bernardino
Municipal Code section 15. 56.040 Subsection D (Ordinance
No. MC-537).
/2--7 7:) ~-/' L~
'- ~ture
Contact person: ____,
Ralph H. Prince
Phone:
5255
Supporting data attached: _,
Yes
Ward:
Second
FUNDING REQUIREMENTS:
Amount:
None
Source:
N/A
Finance:
Council Notes:
75-0262
Agenda Item No. _1(.--------
CiTe OF SAN BERNARDIa:) - REQU~T FOR COUNCIL Aa'. DN
STAFF REPORT
william H. Cooper has requested the City Council to interpret San
Bernarnino Municipal Code Section 15.56.040 Subsection D
(Ordinance No. MC-53?) to permit the 22-unit apartment project
at 1319 Acacia Street to be exempted from the increase of the
Park and Recreation Construction Fee which became effective
June 20, 1986.
In the ,letter dated October 13, 1986, addressed to the
Honorable Mayor and City Council, the applicant for the
exemption concedes that completed plans were not submitted
before April 1, 1986, as required by Subsection D.
subsection D provides as follows:
Notwithstanding the foregoing provlslons, the
amount of the fee increased effective June 20,
1986, shall not be imposed and charged for any
building permit for which an application together
with two sets of complete plans and
specifications, as required by Sections 301 and
302 of the Uniform Builning Code, are filed with
the City prior to April 1, 1986."
The justification for the failure to timely file an
application for a building permit with two sets of complete
plans ann specifications prior to April 1, 1986, are (1) lack
of personal notice of the pending fee increase, (2) payment
of alley vacation and initial building plan fees, and (3)
that the developer was encouraged to postpone final plan
submittal until June. Although the applicant alleges extenuating
circumstances, it is apparent that the complete plans were
not filed within the requisite period of time.
Therefore, since the applicant failed to apply for a building
permit with two sets of complete plans and specifications
prior to April 1, 1986, the exemption provision does not
apply.
cc Mayor
City Administrator
City Clerk
Superintendent oE Building & Safety
Planning Director
15.0264
CITl OF SAN BERNARDI." ') -REQUr"T FOR COUNCIL AC"''ON
~ . ~
From:
James Robbi ns, Superi ntend~~'D.- "\D~mt. ~ff6j1!ct:
IS&6 OCT 29 Pi1 2 59
Building and Safety
Date:
October 29, 1986
REQUEST OF WILLIAM H. COOPER FOR
INTERPRETATION OF ORDINANCE #MC-537
REFUND OF PARKS AND RECREATION FEES
PAID FOR 22 UNIT APARTMENT PROJECT AT
1319 ACACIA STREET
Dept:
Synopsis of Previous Council action:
The background of this item includes the following:
A. The Council adopted an increase in Park & Recreation fees on May 19, 1986.
B. The increased fees became effective June 20, 1986.
C. An urgency ordinance adopted August 19, 1986, stating that
"D. Notwiths tandi ng the foregoi ng provi s ions, the amount of the fee increased
effective June 20, 1986, shall not be imposed and charged for any building permit
for which an application together with two sets of complete plans and specifications,
as required by Sections 301 and 302 of the Uniform Building Code, are filed with the
City pri or to April 1, 1986."
D. Mr. Cooper indicates that the "completed plans were not submitted by the stated
April 1, 1986, qualification date."
Recommended motion:
Mr. Cooper's request be denied.
~~'
Signatu re
Contact person:
James Robbins
Phone:
5774
Supporting data attached:__
Ward:
FUNDING REQUIREMENTS:
Amount:
Source:
Finance:
'Council Notes:
75-0262
Agenda Item No,
'CI1.....' OF SAN BERNARDII-.""' - REQUL;T FOR COUNCIL AC..JON
STAFF REPORT
PROBLEM:
Mr. Cooper has requested a hearing regarding his qualifying for a refund of
Parks and Recreation fees paid.
FINDINGS:
Mr. Cooper submitted a written request dated October 13, 1986. This was after a
verbal request for a refund to the Superintendent of Building and Safety. That
request was denied.
To insure the correctness of Mr. Cooper's facts, each item was checked and reviewed.
His letter is attached and the same numbering will apply to information provided.
Regarding his facts:
I. Mr. Cooper assumes that the departments indicated had five months advance
knowledge of Council action. Nothing has been found to indicate that any of
the departments had that prior knowledge.
2. The fees paid are not necessarily the first fees paid in any development, so
it was only the first step in his case.
3. The fees paid to Planning, in March, were made March 31st for review of plans.
Clearly, this was not payment and/or submittal called for in the ordinance.
4. The encouragement issue is irrelevant because a review of plans takes mare than
one day, so irregardless of encouragement, he could not have submitted his plans
to Building and Safety by April I, 1986.
5. Plans were submitted to Building and Safety on June 19, 1986. It is appropriate
that he should have been informed at that time of the increase rather than when
permits were actually issued. At the same time, we cannot assume the individual's
responsibility for knowing what actions are being taken by city government.
6. The improvement noted is appreciated and commendable, however, it is being under-
taken as a result of decisions Mr. Cooper made, i.e. not to request any assistance
or help from the agency.
The adopted code sections are clear and adequately address the issue of what and who
is exempt. Mr. Cooper had not submitted plans and fees as set forth, and his not
doing so was not caused by delays by the City.
ALTERNATIVES TO CONSIDER:
I. Deny Mr. Cooper's request.
2. Uphold the request, directing the Finance Director to make proper reimbursement.
3. Continue to next meeting, directing staff to provide additional information as
specifi ed.
75.0264
~..
WILLIAM H COOPER
P. o. BOX 2534, SAN BERNARDINO CA. 92406
(619) 324-2782
October t 3, 1986
Honorable Mayor and City Council
City of San Bernardino
Re: Request to appear before Council to ask for Interpretation of
Ordinance 11 Me-537, (Emergency measure providing for "grand-
father" rights on fee increase)
Honorab Ie Members:
I request the councIl to interpret this measure to include the 22 unit
apartment project at 1319 Acacia Street. Whi Ie completed plans were
not submitted by the stated April I, 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:
1 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,
building 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 development),
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
approval.
5. Until final permit was received, developer was never informed
of pendIng fee increase.
-2-
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 will achieve equity
and fairness and complles with the spirit and language of the ordinance.
I request the opportunity to submit evidence as well as answer any of
your Questions.
Respectfu lIy,
William H. Cooper
.... .",
.f~
,33.3 - ~-,,;. '/(
,
o~
1
ORDINANCE NO. MC-537
2
ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING SUBSECTION D
TO SECTION 15.56.040 OF THE SAN BERNARDINO MUNICIPAL CODE
3 CONCERNING THE IMPOSITION OF BUILDING CONSTRUCTION FEESl
PROVIDING AN EXEMPTION FROM THE AMOUNT OF THE FEE INCREASED
4 EFFECTIVE JUNE 20, 1986 FOR ANY BUILDING PERMIT FOR WHICH AN
APPLICATION WITH PLANS AND SPECIFICATIONS WERE FILED PRIOR TO
5 APRIL 1, 19861 AND DECLARING THE URGENCY THEREOF.
6 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
7 DO ORDAIN AS FOLLOWS:
8 SECTION 1. Subsection D is added to Section 15.56.040 of
9 the San Bernardino Municipal Code to read:
10
"D.
Notwithstanding 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 302 of the Uniform Building Code,
15 are filed with the City prior to April 1. 1986."
16
SECTION 2.
This ordinance is an emergency measure and shall
17 take effect immediately upon its adoption and approval in order
18 that necessary taxes can be collected for municipal purposes
19 without which taxes there would be insufficient revenue available
20
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
23
24
and filed plans and specifications.
The provisions will effectuate an orderly and fair process
25 for fee collections in instances when the plans and
26 specifications were timely presented before the effective date of
27 the imposition of the increase in the fee, but building permits
28
"
.
# " ~
] 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
requ1ar
6 the 19th day of
Auqust
7 following vote, to wit:
8
9
10
11
12
13
14
meeting thereof, held on
, 1986, by the
AYES:
Council Members Estrada. Reillv. Hernandez Marks,
Ouiel. Frazier. Strickler
NAYS:
None
ABSENT:
None
A2//&4#~
/ City Clerk
15 The foregoing ordinance is hereby approved this 21st day
16 of
17
18
19
20 Approved as to form:
21
Auqust
, 1986.
t e City
Pro Tempore
22 City
23
24
25
26
27
28
ino
e
I 0
, hi8' I" ,,-
/
!cJc (ez P /11' t>
~A,~/~ t2iT Y
EA-~'
! b 9 f' '/- 0 0 . I
I'I'I/'.<JD
.$ S' J. Sll?,)o --
~'
rrU (~ ;J~ fo GA:.,
~ I~ d'
I!JJ.-a f ~ - $'/ r ;L 't; D
~o+ 1; ","C-' Alley / b:; D
5 c.4-J2. -f ~ ^ '-f 35 L-f
~ t-UA :1.0 :25"0
If & 35' 3 '-t
)