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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 . 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