HomeMy WebLinkAbout2007-042RESOLUTION NO. 2007-42
RESOLUTION OFTHE MAYOR AND COMMON COUNCIL OFTHE CITY OF
SAN BERNARDINO ADOPTING A REVISED STORM DRAIN DEVELOPMENT IMPACT
FEE FOR THE CITY OF SAN BERNARDINO.
WHEREAS, the Mayor and Common Council of the City of San Bernardino has
heretofore established a Schedule of Fees for Storm Water Drainage Facilities Construction For Land
Subdivision and Development by Resolution 93-381; and
WHEREAS, the Storm Drain Development Impact Fee ("Fee") is intended to defray the
costs of construction of additional storm drain facilities necessitated by construction and
development of property, and shall be put to such use pursuant to the Development Impact Fee
Calculation and Nexus Report for the Storm Drainage System, dated October 2006 and the Master
Facilities Plan for the Storm Drainage System dated October, 2006, as both may be updated and
amended from time to time; and
WHEREAS, pursuant to the provisions of the California Constitution and the laws ofthe
State of California, the Charter of the City of San Bernardino, and Sections 3.27.105 and 3.38.040
of the San Bernardino Municipal Code, the City of San Bernardino is authorized to adopt,
implement, and increase such Fee; provided, however, that such Fee does not exceed the estimated
reasonable cost of the drainage facilities to be constructed; and
WHEREAS, the Fee has not been increased in fifteen years and is significantly lower than
nearby jurisdictions which are in the same market for the construction and development of property.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION I. The Mayor and Common Council hereby finds and determines that based
upon the data, information, analysis, oral and written documentation presented to the Mayor and
Common Council concerning the Fees described in Exhibit "A," attached hereto and by this
reference incorporated herein, the Fees set forth in said Exhibit "A" do not exceed the established
reasonable cost of constructing the storm drainage facilities for which the storm drainage Fees are
levied.
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SECTION 2. The Fees set forth in Exhibit "A" and as further described below are hereby
adopted and approved.
SECTION 3. Except as provided in Section 4 below, the Fees set forth in Exhibit "A"
shall be effective and shall be implemented commencing sixty days following the date of adoption
of this Resolution.
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SECTION 4. The Fees enacted by this Resolution shall not be imposed on the following:
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A. Development projects for which an application for a tentative map was deemed
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DHC~s [Resolutions\Storm Drain.Resolution]
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO ADOPTING A REVISED STORM DRAIN DEVELOPMENT IMPACT
FEE FOR THE CITY OF SAN BERNARDINO.
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complete prior to July 18, 2005, in accordance with Resolution 2005-255. Such projects will be
subject to the development impact fees that were in effect prior to the adoption of this Resolution
pursuant to Resolution 93-381.
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B.
Development projects that have received all required entitlement approvals and
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pre-paid the applicable development impact fees pursuant to Resolution 93-381.
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SECTION 5. The Fees shall be adjusted annually on July 15th of each year that the Fees
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remain in force and effect in accordance with the changes, if any, in the Construction Cost Index
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as published in the "Engineering News Record," or comparable publication as of that date. The
Development Impact Fee Calculation and Nexus Report for the Storm Drainage System and the
Master Facilities Plan for the Storm Drainage System of the City of San Bernardino shall be
reviewed and updated not less than once every two years, unless the Fee is repealed by the Mayor
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and Common Council, or otherwise discontinued or terminated.
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SECTION 6. Immediately upon the effective date of the Fees authorized herein, the
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previously established Fees of Resolution No. 93-381 shall be, and the same are hereby, superseded
and repealed by the Storm Drain Development Impact Fees established in said Exhibit "A".
SECTION 7. The Building Official of the City of San Bernardino may authorize the
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refund of any Fee collected pursuant to this resolution, in accordance with section 107.6 ofthe 2001
California Building Code, or as the same may be amended.
SECTION 8. The adoption ofthe Fees set forth in Exhibit "A" is statutorily exempt from
analysis under the California Environmental Quality Act pursuant to 14 California Code of
Regulations section 15273.
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III
III
III
III
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DHC\js [Resolutions\Storm Drain.Resolution]
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO ADOPTING A REVISED STORM DRAIN DEVELOPMENT IMPACT
FEE FOR THE CITY OF SAN BERNARDINO.
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I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
joint
Common Council of the City of San Bernardino at a re~ular meeting thereof, held on the 2.;
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5 day of February ,2007, by the following vote, to wit:
6 COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT
7 ESTRADA X
8 BAXTER X
9 BRINKER X
10 DERRY X
11 KELLEY X
12 JOHNSON X
13 MC CAMMACK X
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~~ h. tL~
Rac el Clark, City Clerk
-'{~-
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The foregoing Resolution is hereby approved this l.!) day of Februat;i, 2007.
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21 Approved as to form:
22 JAMES F. PENMAN,
City Attorney
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\~A TRl~K J. MORRIS, Mayor
City1i1' San Bernardino
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EXHIBIT "A"
STORM DRAIN DEVELOPMENT IMPACT FEES
Detached Dwelling Units:
$3,418 per unit
Attached Dwelling Units:
$I,41l per unit
Mobile home units located in mobile home parks, or
manufactured housing located in manufactured housing
communities:
$2,719 per unit
Commercial Lodging and Commercial/Office:
*$0.774 per square foot of floor area
Industrial Users:
*$0.982 per square foot of floor area
*Per square foot of floor area includes building areas, paving or other impervious surface areas.
Dl-IC/js IRt:~olutjons\Storm Drain Resolution.Exhibit AI