HomeMy WebLinkAbout1987-134
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RESOLUTION NO. 87 114
2 RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING AND
ADOPTING THE FINDINGS OF FACT IN THE MATTER OF THE REQUEST FOR
3 EXEMPTION OF LANDTECH, INC. FROM THE PAYMENT OF SCHOOL IMPACTION
FEES.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
5 OF SAN BERNARDINO AS FOLLOWS:
6 SECTION 1. The Mayor and Common Council of the City of San
7 Bernardino do hereby approve and adopt the Findings of Fact
8 in the matter of the request for exemption of LandTech, Inc.
, ...,'"
9 from the payment of school impaction fees, a copy of which is
10 attached hereto, marked Exhibit "A" and incorporated herein by
11 reference.
12 I HEREBY CERTIFY that the foregoing resolution was duly
13 adopted by the Mayor and Common Council of the City of San
14 Bernardino at a rP-Q'lll FIr meeting thereof, held on
15 the 20th day of IIpr; 1 , 1987, by the
16 following vote, to wit:
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AYES:
COllnr.. i 1 MpmhAr~ "R~rri=lni=l Rp.; 1'17. '):;'1 f'\"'o~.
Maudslev. Quiel. Frazier. Strickler
NAYS:
None
ABSENT:
None
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/ City Clerk
4-14-87
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1 The foregoing resolution is hereby approved this ~~Ai day
2 of
April
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Approved as to form:
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8 I Ci ty ~~ney
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-14-87 2
, 1987.
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I In the matter of the )
exemption of LandTech, Inc., )
2 from the payment of school )
impaction fees pursuant to )
3 Subsection 9Jof San )
Bernardino Resolution No. )
4 85-337 )
)
PROPOSED FINDINGS OF FACT RE:
EXEMPTION FROM SCHOOL
IMPACTION FEES
5
6 INTRODUCTION
7 On December 8, 1986, the Petition for Writ of Mandate filed
8 by LandTech, Inc. was heard in the Superior Court of San
9 Bernardino. The court remanded the matter to the Mayor and
10 Common Council for further proceedings. Pursuant to the
II instructions of the Court, the Mayor and Common Council now make
12 the following findings of fact.
13 FINDINGS OF FACT
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1. At all times pertinent hereto, Section 9J of San
15 Bernardino Resolution No. 85-337 (hereinafter "exemption")
16 provided:
17 ' "The provisions of this resolution shall not
18,: apply where the residential development is:
19 Residential developments (sic) for which
20 verified, firm commitments for financing
21 'i are in place and recorded within thirty
22 i days following the date of the adoption
23 of this resolution."
24; 2. That the purpose of the exemption was to provide relief
25'lfrom payment of school impaction fees to those persons who,
26 I acting without notice of the school impaction fees, had reached
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27 :an extremely advanced stage in the financing and processing of
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I applications related to the development of a residential housing
2 project as of the effective date of the resolution.
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3. "Verified" as used in the exemption means that all
4 documents respecting such commitment appear to have been executed
S by the borrower and lender in the usual course of business.
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4. "Firm commitment" as used in the exemption means that
7 such commitment was given without notice of the requirement for
8 school impaction fees, and the terms, conditions and
9 circumstances of the financing agreed upon by the borrower and
10 lender are such as to make it reasonably foreseeable that there
II would be a substantial financial hardship, or loss of ability to
12 proceed in a timely manner with the construction of the
13 residential housing development project, incurred by the borrower
14 if he or she were required to obtain additional funding for
IS purposes of making payment of school impaction fees. And, it
16 further reasonably appears from such terms, conditions and
17 circumstances that the terms of the loan commitment are not
18 unconditionally revocable by the lender.
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5. "In place" as used in the exemption means that there
20 must be evidence that the commitment agreement at the time of its
21: presentation to the City, was a good faith commitment by the
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I lender.
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241 that where the evidence of such financing is normally recorded in
2SI,the office of the County Recorder, e.g. bond financing or, that
2611documents presented evidenced firm commitment prior to September
27119,1985.
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"Recorded" as used in the above-cited provision means
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7. The resolution did not require that the request for
2 exemption be made in any particular form.
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8. The action of the Legislative Review Committee, for
4 exemption, was a recommendation only.
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