HomeMy WebLinkAboutMC-1238
Adopted:
Effective:
January 22, 2007
February 22, 2007
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3 ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER
4 3.27.105 TO THE SAN BERNARDINO MUNICIPAL CODE TO ESTABLISH A
STORM DRAIN DEVELOPMENT IMPACT FEE, AND AMENDING CHAPTERS
5 3.27.020 AND 3.27.110 OF THE SAN BERNARDINO MUNICIPAL CODE.
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ORDINANCE NO. MC-1238
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO DO ORDAIN AS FOLLOWS:
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to read as follows:
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Chapter 3.27.105 is added to the San Bernardino Municipal Code
3.27.105 Storm Drain Development Impact Fee - findings.
The Mayor and Common Council find as follows:
(A) The development of residential and other property in the affected territory will
generate the need for additional storm drainage structures and improvements to handle runoff
from surface and storm waters. As a result, the addition of storm drainage facilities will be
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(B) Pursuant to Article 11, 9 7 of the California Constitution, the city is empowered to
enact measures that protect the health, safety, and welfare of its citizens.
(C) The provision of storm drainage facilities is identified in the Storm Drainage
Facilities section of the Master Facility Plan and is necessary to provide adequate storm
drainage facilities within the city.
(D) The development impact fee report describes in detail the additional storm drainage
facilities needed for the affected territory and estimates of the costs for those facilities.
(E) The entire affected territory will derive benefit from the storm drainage facilities
and should be assessed per the provisions of this chapter and pay a fair share of the cost thereof
based on the benefit derived therefrom.
(F) After consideration of the development impact fee report and the addendum thereto
and testimony at this public hearing, the Mayor and Common Council hereby approves the
development impact fee report and the addendum thereto, and based thereon finds that new
residential and other development in the affected territory will create storm drainage impacts
which the installation of storm drainage facilities funded by this chapter will offset.
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MC-1238
ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER
1 3.27.105 TO THE SAN BERNARDINO MUNICIPAL CODE TO ESTABLISH A
2 STORM DRAIN DEVELOPMENT IMP ACT FEE, AND AMENDING CHAPTERS
3.27.020 AND 3.27.110 OF THE SAN BERNARDINO MUNICIPAL CODE.
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(0) The Mayor and Common Council also find that the costs of the storm drainage
facilities funded by this chapter are apportioned relative to the anticipated impacts created by
residential and other development within the affected territory, and that the fees are fairly
apportioned on individual dwelling units and/or commercial/industrial square footage,
throughout the affected territory on the basis of benefits conferred on property proposed for
residential and other development and the need for such facilities created by the proposed
development.
(H) The facts and evidence establish that there is a reasonable relationship between the
need for the described public facilities and the needs created by the types of development on
which the fee will be imposed, and that there is a reasonable relationship between the fee's use
and the types of development for which the fee is charged. This reasonable relationship is
described in more detail in the development fee impact report and the addendum thereto.
(1) The Mayor and Common Council also find that the cost estimates set forth in the
development impact fee report are reasonable and will not exceed the reasonably estimated
total of these costs.
(J) The storm drain development impact fee is hereby imposed on new residential,
commercial and industrial development, and the amount of such fee shall be set by resolution
of the Mayor and Common Council.
SECTION 2. Chapter 3.27.020 of the San Bernardino Municipal Code is
amended to read as follows:
(B) "Commercial/retail/office or industrial/manufacturing development project" means the
construction of new or additional gross square footage of building area for commercial
(including lodging, schools, religious facilities, hospitals, etc.), retail. office, industrial or
manufacturing purposes.
SECTION 3. Chapter 3.27.110 of the San Bernardino Municipal Code is
amended to read as follows:
3.27.110 Accounting and disbursement offees.
(A) Each of the fees paid pursuant to this chapter shall be placed in a separate fund, each of
which may be further segregated by specific projects. These funds shall be known, respectively
as:
(1) The Law Enforcement Development Fee Fund;
(2) The Fire Protection Development Fee Fund;
(3) The Local Circulation System Development Fee Fund;
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KC-1238
ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER
1 3.27.105 TO THE SAN BERNARDINO MUNICIPAL CODE TO ESTABLISH A
STORM DRAIN DEVELOPMENT IMPACT FEE, AND AMENDING CHAPTERS
2 3.27.020 AND 3.27.110 OF THE SAN BERNARDINO MUNICIPAL CODE.
(4) The Regional Circulation System Development Fee Fund;
(5) The Quimby Act Parkland and Open Space Acquisition and Park Improvement
Development Fee Fund;
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(6)
The AB 1600 Parkland and Open Space Acquisition and Park Improvement
Development Fee Fund
(7) The Library Facilities and Collection Development Fee Fund
(8) The Public Meeting Facilities Development Fee Fund;
(9) The Aquatics Center Facilities Development Fee Fund.
(10) The Storm Drainage Impact Fee Fund.
(B) These funds, and interest earned thereon, shall be expended solely for construction
and/or acquisition of the corresponding public facilities as shown in the Master Facility Plan, or
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MC-1238
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ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER
3.27.105 TO THE SAN BERNARDINO MUNICIPAL CODE TO ESTABLISH A
STORM DRAIN DEVELOPMENT IMPACT FEE, AND AMENDING CHAPTERS
3.27.020 AND 3.27.110 OF THE SAN BERNARDINO MUNICIPAL CODE.
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22nd day of Januarv
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I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor
and Conunon Council of the City of San Bernardino at a j~~~t meeting thereof, held on the
,2007, by the following vote, to wit:
Council Members:
AYES
NAYS
ABSTAIN
ABSENT
ESTRADA
x
BAXTER
x
BRINKER
x
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DERRY
~
KELLEY
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JOHNSON
x
MC CAMMACK
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~b.~
City Clerk
The foregoing ordinance is hereby approved this ~3 ~ day of January,
2007.
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Tobin Brinker, Mayor Pro Tem
City of San Bernardino
Approved as to form:
JAMES F. PENMAN
~r'Y22L
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