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NOTICE OF PUBLIC HEARING
OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO, CALIFORNIA, PURSUANT TO
GOVERNMENT CODE SECTION 6062a, ET SEQ., REGARDING
THE ENACTMENT OF AN ORDINANCE SETTING
INFRASTRUCTURE DEVELOPMENT FEES
NOTICE IS HEREBY GIVEN that the Mayor and Common
Council of the City of San Bernardino, California, shall conduct
a public hearing pursuant to Government Code Section 6062a et
seq., for the purpose of considering the enactment of an
ordinance setting infrastructure development fees in connection
with development of real property within the Verdemont area of
the city.
The time, date and place of said public hearing shall
be as follows:
Time:
2:00 p.m.
Date:
December 18, 1989
Place:
City Council Chambers
City Hall
300 North "0" Street
San Bernardino, California 92401
All interested parties are invited to appear at said
public hearing at the above time, date and place and to present
testimony concerning the foregoing matters.
An engineer's report, indicating the estimated cost of
providing the facilities and public improvements for which fees
would be charged and the revenue sources anticipated to provide
the facilities and public improvements has been prepared, is on
file and will be available for public inspection during regular
business hours at the office of the City Engineer, City Hall, 300
North "0" Street, San Bernardino, California 92401, commencing on
December 7, 1989.
NOTICE GIVEN THIS 4TH DAY OF DECEMBER, 1989.
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W~"4/ .'~ '/'
C1ty Clerk of the
City of San Bernardino
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SBE00099-5/3259S/dc
11/28/89 0315
ORDINANCE NO.
ORDINANCE OF THE CITY OF SAN BERNARDINO,
CALIFORNIA, ADDING CHAPTER 15.73 TO THE
SAN BERNARDINO MUNICIPAL CODE TO REQUIRE THE LEVY
OF AN INFRASTRUCTURE DEVELOPMENT FEE FOR
RIGHT-OF-WAY IMPROVEMENTS AND PUBLIC IMPROVEMENTS
IN THE VERDEMONT AREA
NOW, THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO, CALIFORNIA, ORDAIN AS FOLLOWS:
Section 1.
Chapter 15.73 is hereby added to the
San Bernardino Municipal Code to read as follows:
.15.73.010 Findinas and Determinations
The Mayor and Common Council hereby find and
determine as follows:
(a) The City of San Bernardino (the .City.) must
provide for the acquisition, construction and installation
of
certain
Right-of-Way
related
infrastructure
and
improvements (as hereinafter defined and as hereinafter
referred to as the .Right-of-Way Improvements.) and certain
other public improvements . (as hereinafter described and as
hereinafter referred to as the .Public Improvements")
within the Verdemont Area of the City in order to maintain
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current levels of service if new development is to be
accommodated without decreasing current levels of service;
(b) It
landowners within
both within the
generally, that
construction and
Improvements and
Verdemont Area;
is in the interests of the present
the Verdemont Area and the residents,
Verdemont Area and within the City
the City causes the
installation of the
the Public Improvements
acquisition,
Right-of-Way
wi thin the
(c) The imposition of infrastructure development
fees (the "Infrastructure Fees") is one of the preferred
methods of ensuring that development in the Verdemont Area
bares - a--proportionate share of the cost of capital
facilities necessary to accommodate such development in
order to effectively provide the quality and extent of
infrastructure required within the Verdemont Area;
(d) Development within the Verdemont Area will
(i) generate increased traffic volumes necessitating the
acquisition, construction and installation of the
Right-of-Way Improvements and (ii) overburden the existing
pUblic facilities requiring the acquisition, construction
and installation of the Public Improvements;
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(e) Revenues generated from the levy of the
. Infrastructure Fees will be used to facilitate the
acquisition, construction and insta llation of the
Right-of-Way Improvements and the Public Improvements which
in turn will allow for the future development of property
wi thin the Verdemont Area by providing additional traffic
flow capacity and other required public improvements;
(f) The Infrastructure Fees established by
Section 15.73.050 of this Chapter are derived from, and
based upon, and do not exceed the costs of undertaking the
acquisition, construction and installation of the
Right-of-Way Improvements.
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(g) It is anticipated that certain excess
revenues may be generated through the levy of the
Infrastructure Fees for the acquisition, construction and
installation of the Right-of-Way Improvements, and to the
extent such revenues are generated, such revenues as are in
excess of the amount required for the acquisition,
construction and installation of the Right-of-Way
Improvements shall be used for the purposes of funding the
acquisi tion, construction and installation and the Public
Improvements as defined in Section 15.73.030 (e); provided,
however, that if such excess revenues are not generated,
then the Infrastructure Fees established by
Section 15.73.050 will be increased in accordance with
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Section 15.73.050 in order to cause the funding of the
acquisition. construction and installation and the Public
Improvements;
(h) That
certain
report entitled
engineers
"Engineers Report -- Right-of-Way Improvements -- Verdemont
Area" (the "Engineers Report") sets forth the scope and
extent of the Right-of-Way Improvements and the Public
Improvements required in the Verdemont Area and sets forth
a reasonable methodology and analysis for the determination
of the impact of development on the need for. and costs of.
acquisition.
construction
installation
the
of
and
Right-of-Way Improvements and the Public Improvements in
the Verdemont Area"
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(i) This Chapter shall apply only to that area
of the City known as the Verdemont Area and is intended to
assist in the continued development of the Verdemont Area;
(j) The purpose of this Chapter is to regulate
the use and development of land so as to assure that new
development bears a proportionate share of the cost of
capital expenditures necessary to provide Right-of-Way
Improvements and Public Improvements within or for the
benefit of the Verdemont Area; and
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(k) The City has the authority to enact this
Chapter pursuant to Section 66000, ~.s..eg. , of the
California Government Code and Sections 40(z) and 40(aa) of
the Charter of the City of San Bernardino.
15.73.020
Rules of Construction
(a) The provisions of this Chapter shall be
liberally construed so as to effectively carry out its
purpose in the interest of the public health, safety and
welfare.
(b) For the purposes of administration and
enforcement of this Chapter, unless otherwise stated in
this Chapter, the following rules of construction shall
apply to the tezt of this Chapter:
1. In the case of any difference of
meaning or implication between the tezt of this
Chapter and any caption, illustration or summary
table, the tezt shall control.
2. The word .shall. is always mandatory
and not discretionary; the word .may. is permissive.
3.
include the
Words used in the present tense shall
future tense; and words used in the
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singular number shall include
plural the singular unless
indicates to the contrary.
plural,
context
and the
clearly
the
the
4.
The
word
includes an
partnership, an
any other similar
"person"
individual,
unincorporated
enti ty.
corporation,
association, or
a
a
5. The word "includes" shall not limit the
term to the specific example but is intended to extend
its meaning to all other instances or circumstances of
like kind or character.
15.73.030
Definitions
(a) "Verdemont Area" is defined as that area of
the City of San Bernardino delineated by the Verdemont Area
Plan adopted by the Mayor and Conunon Council on
November 17, 1986, excepting therefrom that area
southwesterly of Kendall Drive, from the southerly boundary
of the Verdemont Area Plan to Palm Avenue, and
southwesterly of Route 1-215 Freeway, from Palm Avenue to
the northerly boundary of the Verdemont Area Plan and all
as more fully described in the Engineer's Report.
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(b) "Development" shall mean every project for
which either (i) a building permit is required. except that
it shall not include those projects increasing either the
size or value of a single family residence by twenty-five
percent (25\) or less. or (ii) a permit is required in
connection with the installation of a mobile home.
(c) A "Fee Payer" shall mean a person commencing
a land development activity which generates traffic.
necessi tates the construction of additional publicly owned
facilities or improvements and which requires the issuance
of a building permit or a permit for the installation of a
mobile home.
- -(0) "Right-of-Way Improvements" shall mean the
acquisition. construction and installation of full width
streets including. full-width paving. curbs and gutters.
sidewalks. street lights. sewer mains. storm drains. catch
basins and water mains in the fOllowing locations and all
as more fully described in the Engineer's Report.
Walnut Avenue
Irvington to Belmont
Belmont to Ohio (portions)
Olive Avenue
Verdemont Avenue to Ohio
Ohio to Belmont (portions)
Belmont to Irvington
Magnolia Avenue
Verdemont Avenue to Little League Drive
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Little League Drive
Irvington to Verdemont
Meyers Road
Little League Drive to New Section
New Section to Cable Canyon
Irvington
Pine to Olive (portions)
Olive to Magnolia
Belmont Avenue
pine to Olive (limited portions)
Olive to Palm (portions)
Palm to just past Little League Drive
Ohio Avenue
Pine to Palm (portions)
Palm to west of Little League Drive
Verdemont Avenue
Little League Drive to Palm Avenue
Palm to pine (portions)
Frontage Roage
Palm to City Limits (Devore)
Cable Canyon Road
Meyers Road to Frontage Road (new roadway)
(e) -Public
shall
mean
the
Improvements-
acquisi tion, construction and installation of drainage
facilities, park facilities, fire station facilities and
landscaping, all as more fully described in the Engineer's
Report.
(f) -Engineer's Report- shall mean that certain
Engineer's Report prepared for the Verdemont Area dated
November 17, 1989.
(g) -Equivalent Dwelling Unit- shall refer to a
numerical
designation
residentially zoned
value
for
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property whereby one (1) Equivalent Dwelling Unit is
equivalent to a single residential unit whether such unit
be a single family attached or detached unit, or
multi-family unit with a multi-family structure or a mobile
home.
For land uses other than residential uses, the
Equivalent Dwelling Unit shall equal the density of
residential units that could be built per acre as
determined by the zoning of the immediately adjacent or, if
not immediately adjacent, the most proximate residentially
zoned property.
15.73.040
Persons Subiect to Infrastructure
fie.
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Any:l)~o';;'WhO seeks to develop land within - "tii;
Verdemont Area by applying for: a building permit; an
extension of a building permit; a permit for the mobile
home installation; or an extension of a permit for mobile
home installation to make improvements to land which will
generate additional traffic or increase the need for public
facilities is hereby required to pay an Infrastructure Fee
in the manner set forth in this Chapter.
15.73.050
Infrastructure Fee
The Infrastructure Fee for any given parcel of
property shall be determined by ascertaining the land use
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category of the parcel and multiplying the amount of the
Infrastructure Fee by the number of Equivalent Dwelling
Units allocated to such land use category. The initial
amount of the Infrastructure Fee shall be $7,368.69 per
Equivalent Dwelling unit and shall be subject to increase
pursuant to the terms of any subsequent resolutions to be
adopted by the Mayor and Common Council which resolutions
shall provide for increases to the Infrastructure Fee in
order to cover any administrative and carrying costs
incurred in connection with the issuance of bonds required
in order to finance the acquisition, construction and
installation of all or any portion of the Right-of-Way
Improvements and/or the Public Improvements.
.
It is anticipated that there may be certain
excess revenues generated in connection with the levy of
the Infrastructure Fee in the initial dollar amounts and to
the extent any such excess revenues do exist, said excess
revenues will be applied to fund the costs of the
acquisition, construction and installation of the Public
Improvements. To the extent said excess revenues do not
exist, the Infrastructure Fee in the dollar amount as
initially established, may be subject to additional
increases by subsequent resolutions of the Mayor and Common
Council in order to cause the funding of the acquisition,
construction and installation of the Public Improvements.
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The above-referenced subsequent resolutions' ana
the dollar amount of the Infrastructure Fee initially
established pursuant to this Chapter shall be reviewed and
amended at least annually or more often as may be necessary
under the circumstances to reflect any increases in costs.
(a) For applications for an extension of a
building permit or an extension of a permit for mobile home
installation, the amount of the fee is the difference
between the fee then applicable and any amounts previously
paid in connection with the application for the initial
permit.
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(b) In the case of change of use,
rehabilitation, expansion or modification of an existing
use which requires the issuance of a building permit or
permit for mobile home installation, the Infrastructure Fee
shall be based upon the net positive increase in the
demands placed upon the Right-of-Way Improvements and the
Public Improvements by the new or expanded use compared to
the previous use or level of use.
15.73.060
Voluntary PreDavment
At the option of the Fee Payer, the dollar amount
of the Infrastructure Fee established pursuant to this
Chapter for the acquisition, construction and installation
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of the Right-of-Way Improvements may be paid immediately
upon the effective date of this Chapter and for a period of
two (2) weeks thereafter. In the event a Fee Payer pays
the Infrastructure Fee during such period, the Fee Payer
shall only be required to pay the Infrastructure Fee
established in this Chapter for the Right-of-Way
Improvements and as set forth in Section 15.73.050 and will
not be required to pay any increases thereto as the result
of escalations in construction costs, interest or carrying
charges which may be required to increase the dollar amount
of the Infrastructure Fee for the purposes of causing the
issuance of bonds in order to provide funding for the
acquisition, construction and installation of the
Right-of-Way Improvements within the Verdemont Area. Such
volunt-ary~repayment of the initial Infrastructure Fee o.r
any subsequent payment of the Infrastructure Fee in such
dollar amount as may be established by resolution of the
Mayor and Common Council for the Right-of-Way Improvements
will not waive, modify or release the Fee Payer' s
Obligation to pay, to the extent permitted by law, any
subsequent increase in the Infrastructure Fee which is
attributable solely to causing the funding of the Public
Improvements nor shall such Fee Payer be relieved of paying
any other benefit assessment or special tax that may be
legally assessed or levied against property of the Fee
Payer and any successors in interest in such property
within the Verdemont Area for the Public Improvements;
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provided, however, that to the extent any revenues
generated in connection with a Fee Payer' s prepayment of
the initial Infrastructure Fee are used for the purposes of
funding the costs of the Public Improvements either in
whole or in part, such Fee Payer will be credited for such
payments of a portion of the costs of the Public
Improvements in proportion to the amount of the initial
Infrastructure Fee actually paid which is attributable to
the Public Improvement costs.
15.73.070
Time of Pavment
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(a) Except as otherwise provided in
Section 15.73.060 . hereof, each applicant for a commercial
or industrial building permit shall pay to the City the
then applicable Infrastructure Fee, as initially
established pursuant to this Chapter and adjusted pursuant
to any subsequent resolutions of the City as more fully
described in Section 15.73.050 hereof, upon the submission
to the City of an application for a commercial or
industrial building permit, which application is complete
and in a form acceptable to the City. Each applicant for a
residential building permit who submits an application,
which application is complete and in the form acceptable to
the City, shall pay to the City the then applicable
Infrastructure Fee, as initially established pursuant to
this Chapter and adjusted pursuant to any subsequent
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resolutions of the City as more fully described in
section 15.73.060 hereof. for all residential units subject
to a building permit upon the earlier of the fOllowing
dates:
(i) upon the date of final inspection of the first
dwelling unit completed in the residential development to
which the building permit is applicable. or (ii) upon the
date a certificate of occupancy is issued for the first
dwelling unit completed in the residential development to
which the building permit is applicable. In the event the
City accepts any payment of Infrastructure Fees in
connection with the submission of a building permit
application. which application is incomplete or not in a
form satisfactory to the City. all payments made in
connection with such application shall be returned to the
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"aPplicant anlLs~ c~licant shall be required to stibmiT-;
complete and acceptable application. and. at the time of
such
submission.
applicable
shall
any
then
pay
Infrastructure Fees. Notwithstanding any provision herein
to the contrary, the City. by official action of the Mayor
and Cornmon Council. may require the payment of applicable
Infrastructure Fees for residential units prior to the
approval of a final tract or parcel map applicable to
residential development if one of the following conditions
are met:
(a) the Planning Director of the City has
determined that the applicable Infrastructure Fee wi 11 be
collected from the subdivider for public improvements or
faci li ties for which an account has been established and
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funds have been appropriated, and for which the CitYL-has.
adopted a proposed construction schedule or plan, or
(b) the applicable Infrastructure Fee will reimburse the
City for expenditures previously made by the City. All
applicants for permits for the installation of mobile homes
will be subject to the procedures applicable to residential
developments set forth hereinabove.
(b) All funds collected shall be promptly
identified as Right-of-Way/Public Improvement
Infrastructure Fees and promptly transferred for deposit in
the appropriate Right-of-Way/Public Improvement
Infrastructure Fee Fund to be held in a separate account
and, together with interest earnings thereon, used solely
for the purposes specified in this Chapter.
15.73.080
Establishment
Infrastructure
of
Fee Fund
There is hereby established a Right-of-Way/Public
Improvement Infrastructure Fee Fund. The funds withdrawn
from this account must be used in accordance with the
provisions of Section 15.73.090 of this Chapter.
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15.73.090
Use of Funds
(a) Funds collected from the Infrastructure Fees
shall be used for the purpose of causing the acquisition,
construction and installation of the Right-of-Way
Improvements and/or Public Improvements within the
Verdemont Area, as more specifically described in the
Engineer's Report.
(b) No funds collected pursuant to this Chapter
shall be used for periodic or routine maintenance.
(c) Funds may also be used to pay debt service
on bonds or similar debt instruments issued in order to
provide financing for the acquisition, construction and
installation of the Right-of-Way Improvements and/or the
Public Improvements for which the Infrastructure Fee may be
expended.
15.73.100
Refunds
(a) Any funds not expended or encumbered by the
end of the calendar quarter immediately following six years
from the date the Infrastructure Fee was paid shall, upon
application of the then current landowner, be returned to
such landowner with accrued interest thereon, provided the
landowner submits an application for refund to the City
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Finance Officer within one hundred eighty (180) days of the
expiration of the six year period.
15.73.110
Penalties
A violation of this Chapter shall be prosecuted
in the same manner as misdemeanors are prosecuted and upon
conviction the violator shall be punishable according to
law; however, in addition to or in lieu of any criminal
prosecution, the City shall have the power to sue in civil
court to enforce the provisions of this Chapter.
15.73.120
Severabilitv
- - If any Section, phrase, sentence or portion of
this Chapter is for any
invalid
or
reason held
unconstitutional by any court of competent jurisdiction,.
such portion or portions hereof shall be deemed to be a
separate, distinct and independent provision, and such
holding shall not affect the validity of the remaining
portions hereof.
15.73.130
Other Fees
Notwithstanding the payment of Infrastructure
Fees as set forth in this Chapter, any developer or Fee
Payer shall be responsible for the payment of any
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applicable installation fees, sewer connection fees, water
acquisition charges or other fees or charges levied by the
City and all other public bodies in connection with the
development of property with the Verdemont Area, and such
developer or Fee Payer shall either (i) provide for the
acquisition, construction and installation of any and all
other pUblic improvements required by the City of such
developer or Fee Payer as a condition to approval of' any
development which are in addition to both (a) the
Right-of-Way
funded
by
the
Improvements
to
be
Infrastructure Fees as established by this Chapter in the
initial dollar amount and (b) the Public Improvements to be
funded by subsequent increases to the Infrastructure Fees
or as established by this Chapter in the initial dollar
amount (ii) pay any other on or off-site improvement fees,
assessments or special taxes as may be levied by the City
as a condition to the approval of any development in lieu
of the actual acquisition, construction or installation of
public improvements as set forth in (i) above. Unless a
developer or Fee Payer has provided for the payment of
Infrastructure Fees in an amount to provide for the
acquisition,
construction
installation
the
of
and
Right-of-Way Improvements and the Public Improvements, plus
any financing costs if applicable, or has constructed a
proportionate share of the Right-of-Way Improvements and
the Public Improvements, such developer or Fee Payer shall
not be relieved from the Obligation to participate in any
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benefi t assessment district or special tax district
established for the purpose of funding that portion of the
Right-of-Way Improvements and/or the Public Improvements
not covered by the Infrastructure Fees as may have been
previously paid by a developer or Fee payer.-
Section 2.
The provisions of this Ordinance shall
be effective thirty (30) days from the date of adoption of this
Ordinance.
The City Clerk shall transmit a copy of this
Ordinance to for pUblication as required by law and in
accordance with established City procedures.
I HEREBY CERTIFY that the foregoing Ordinance was duly
adopted by the Mayor and Common Council of the City of
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meeting
SancB9rnardino --rt-~'lI-:~';'
thereof, held on the
day of
,
1989, by the
following vote, to wit:
AYES:
Council Members
NAYS:
ABSENT:
City Clerk
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The foregoing Ordinance is hereby approved this day
of
, 1989.
Mayor of the City of
San Bernardino
Approved as to form and legal content:
By:
City Attorney
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss.
CITY OF SAN BERNARDINO )
I, SHAUNA CLARK, City Clerk in
San Bernardino, DO HEREBY CERTIFY that the
copy of San Bernardino City Ordinance No.
and correct copy of that now on file in this office.
the City of
and attached
a full, true
and for
foregoing
is
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
the official seal of the City of San Bernardino this day of
, 1989.
City Clerk
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