HomeMy WebLinkAbout54-Public Works
CITY OF
San l)ernardino
OFFICE OF THE CITY ADMINISTRATOR
October 13, 1989 CERTIFIED MAIL
Ms. Vickie Flanders
3228 Washington street
San Bernardino, California 92407
RE: TRACT 14209 -- REQUEST TO CONTINUE ACTION
Dear Ms. Flanders:
This is to acknowledge receipt of your letter, dated October
10, 1989, requesting that the Mayor and Common Council
continue any action on Tract No. 14209 (subdivision of 15.65
acres into 41 single-family home lots) until the "next
meeting in November".
Your request will be presented to the Mayor and Common
Council on Monday, October 16th at which time they will make
a decision with regard to your request for a continuance. The
decision to continue the item or proceed with the item at
that time belongs solely to the Mayor and Common Council.
This form of communication was necessary since you did not
include a phone number in your letter and attempts to locate
a number through the local operator and telephone 'directory
were unsuccessful.
If you should have any questions with regard to this matter,
please do not hesitate to contact John Montgomery, Principal
Planner. He can be reached at 384-5076.
Sincerely,
~().. ~
DEBORAH J. ~~EAU
Administrative Assistant
to the City Administrator
cc: Councilman Minor
Brad Kilger, Planning Director
3 0 0 NOR T H '. 0 S T R E E T SAN B ERN A R 0 I N 0
CALIFORNIA 924180001 714/384-5122
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EXHIBIT "A"
CITY OF SAN BERNARDINO
VERDEMONT AREA PUBLIC WORKS INFRASTRUCTURE
FINANCING PLAN
BACKGROUND --
The Verdemont Area is experiencing a rapid rate of development.
The existing public works infrastructure system was installed
many years ago to serve the small number of low density resi-
dential units in the area. The existing streets are not paved to
the planned ultimate width or grade, and are not improved with
curbs and gutters, sidewalks, street lights, landscaping, sewer
and water service. The existing infrastructure system is not
adequate to accommodate the ever increasing volumes of pedestrian
and vehicular traffic that are generated by the new developments.
Development in the Verdemont Area is hampered by the absence of a
fully improved street system, which necessitates conditions of
approval that dictate construction of off-site improvements to
provide the second means of dedicated and paved access, and to
obtain water and sewer service. Construction of an adequate
infrastructure system is deemed essential for the continuation of
orderly growth in the Verdemont Area.
DESCRIPTION OF NEEDED IMPROVEMENTS --
An Engineering Study has been conducted to identify the
improvements required to provide an adequate infrastructure
system. This study has identified the sections of the major
streets (basically those on the quarter mile grid) that need to
be improved. Improvements will consist of full width paving,
curbs and gutter, sidewalks, street lights, sewer mains, water
mains and landscaping.
The total estimated cost for these improvements is $22 million.
Based upon densities authorized by the General Plan, it is esti-
mated that an additional 3915 equivalent dwelling units can be
constructed in the Verdemont Area. It is envisioned that the
needed improvements will necessarily be constructed in phases, as
required to serve developments.
The sections of streets that are in need of improvements are
shown on the map attached as Appendix "I".
SALE OF DEVELOPMENT RIGHTS --
In order to generate funds to "up front"
the necessary improvements, a plan to
will be implemented. Under this plan, a
the cost of constructing
sell Development Rights
Development Right will
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have to be purchased before a building permit
equivalent dwelling unit will be used for
developments.
is issued. An
non-residential
There are some basic premises of this program which are as
follows:
1. Future developers must expect to pay for infrastructure im-
provements in advance.
2. Construction of these improvements is necessary to allow for
development to continue to occur.
3. Deferring the purchase of Development Rights will only result
in substantially higher costs in the future for these
improvements.
4. Development Rights will initially be offered to property
owners, but any un-sold rights will be made available to the
general public.
5. The City of San Bernardino will be responsible for
construction of needed improvements, on the streets identi-
fied on the attached map.
6. The purchase of Development Rights will not obviate the pay-
ment of normal development fees, such as sewer plant capacity
fees, sewer connection fees, park development fees, etc.
The sale of Development Rights will be limited to a total number
of 3,915, which is the theoretical number of equivalent dwelling
units allowed by the General Plan. Development Rights will run
with the land, and will be limited to the number of equivalent
dwelling units allowed by the General Plan for each parcel. A
refund will be paid, at the purchase price, for any Development
Rights not actually used by a development.
Development Rights sold to members of the general public will be
assigned to specific parcels, up to the number of equivalent
dwelling units allowed by the General Plan.
The City retains the right to recall all Development Rights sold
to members of the general public at any time. Payment will be
made to the purchaser, at the rate in effect at the time of re-
call. Development Rights shall be recalled starting with those
most recently sold.
PROCEDURE TO PURCHASE DEVELOPMENT RIGHTS --
The procedure to purchase Development Rights shall be one of the
following:
1. Submittal of an Application and Purchase Agreement, certified
check, cashier's check, or letter of credit, in the amount of
the number of equivalent dwelling units times the rate
currently in effect.
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2. Submittal of ~n Application and Purchas~ Agreement, certified
check, cashier's check, or letter of credit, in the amount of
30% of the number of equivalent dwelling units times the rate
currently in effect. The balance of 70% will be paid over a
five year period, as provided in the Purchase Agreement.
These items will be submitted to the Department of Public Works.
Equivalent dwelling units for non-residential developments will
be based upon the number of lots that could be created on the
parcel, with the density for adjoining parcels allowed by the
General Plan.
The City may, at its sold option, enter into an Agreement with a
developer for reimbursement of the cost incurred for constructing
improvements on the streets shown on the attached plan as having
inadequate infrastructure.
Letters of credit shall be on the attached form or approved
equal.
RATE SCHEDULE
The rate schedule for the purchase of Development Rights shall be
as follows:
Effective Date
Adoption
1-1-90
1-1-91
1-1-92
1-1-93
Rate Schedule
$ 5,620
6,460
7,430
8,175
8,990
The above schedule reflects an increase of approximately 15% for
the first 3 years, and approximately 10% for the next 2 years.
The sale of Development Rights will be under the policy direction
of the Mayor and Common Council, and administered by the
Department of Public Works.
Development
Bernardino.
them at any
currently in
Rights may only be resold to the City of San
Any holder of Development Rights may elect to resell
time to the City of San Bernardino, for the rate
effect.
INCENTIVES
In order
developers
advantages
TO DEVELOPERS
to be successful, this plan must
that it provides distinct advantages.
are:
demonstrate to
Some of these
1. Avoid annual escalation in cost.
2. Guaranteed availability of water and sewer mains.
3. Avoidance of need to construct transition sections on through
streets.
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4. Guarantee two means of dedicated and paved access roads.
5. Improve response time for emergency vehicles.
6. Enhance marketability of new houses by improved appearance of
area.
7. Ensure continued normal processing for developments.
ANTICIPATED SCHEDULE--
The anticipated schedule for implementation of this plan is as
follows:
Activity
Date
Hold Public Hearing
10-16-89
First Reading of Ordinance
& Adoption of Resolution
10-16-89
Prepare Information Materials
& Mail Notices to Property Owners
11-17-89
Second Reading of Ordinance
11-06-89
Ordinance in Effect
12-06-89
Start Sale of Development Rights
12-07-89
SUPPORTING DOCUMENTS--
Copies of the application, purchase agreement, sample letter of
credi t, assignment form, and log of purchase agreements, are
attached for reference.
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APPENDIX
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CITY OF SAN 8ER~ARDINO - REQUBST f~R COUNCIL ACTION
From: ROGER G. HARDGRAVE
Subject: Adoption of Verdemont Area Public
Works Infrastructure Financing
Plan
Dept: Public Works
Date: 9-21-89
Synopsis of Previous Council action:
9-15-89 -- Proposed ordinance relative to issuance of building permits
in VerdemontArea failed.
Recommended motion:
That a public hearing on the proposed Verdemont Area Public Works
Infrastructure Financing Plan be set for 10:00 a.m. at the Council
meeting on 10-16-89.
cc:
~rshall Julian
Jim Richardson
Jim Penman
Contact person:
Roger G. Hardqrave
Staff Report,
Ordinance & Resolution
Phone:
5025
Supporting data attached:
Ward:
5
FUNDING REQUIREMENTS:
Amount:
N/A
Source: (Acct. No.)
(Acct. DescriPtion)
Finance:
Council Notes:
75-0262
Agenda Item No.
..54
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CITY OF SAN BERNARDINO
,
- REQUEST F~ COUNCIL ACTION
STAFF REPORT
Page 1 of 2
Concern has been expressed about the absence of a
complete system of public works infrastructure improvements in
the Verdemont Area. In response to that concern, a Verdemont
Area Public Works Financing Plan has been developed to raise the
revenue to finance the installation of public works improvements
on the existing streets. This approach would allow the improve-
ments to be installed at this time, before the area is fully
developed.
Improvements will be installed as depicted on the map
included in the Financing Plan. The improvements include full
width paving (on the established grade), curbs and gutters,
sidewalk, street lights, water mains, sewer mains, and possibly
landscaping. These improvements would basically be constructed
on the existing quarter mile grid streets. Construction of these
improvements will necessarily be done in phases, as funds and
staff are available.
An Engineering Study has been conducted to identify the
necessary improvements and prepare an estimate of cost. It has
also been determined that, based upon the new General Plan, a
total of 3,915 additional dwelling units can be built in the
Verdemont Area.
The actual number is expected to be somewhat less, due to
physical constraints that will not allow the General Plan
densities to be achieved.
The total cost of
estimated at $22 million.
the development right for
fees will be increased by
year.
all required improvements has been
This equates to a cost of $5,620 for
each Single Family Residence. These
15% on the first of January for each
Property owners in the Verdemont Area will be afforded a
two week period, after adoption of the program, to purchase
development rights for their parcel (s) . After this period has
elapsed, any unsold development rights will be offered to the
general public.
The sale of development rights to the general public will
be subject to a recall provision, whenever they are needed for a
proposed development. Rights will be recalled on the basis that
the last sold will be the first recalled. Any person that has a
right recalled will be paid at the current rate, but at least 15%
more than the amount paid to purchase the right.
A notice will be mailed to every property owner wi thin
the Verdemont Area. This action will advise them of the need to
9-21-89
75.0264
.....;~..
CiTY OF SAN BERrSiRDINO
""'\
- REQUEST FdR COUNCIL ACTION
STAFF REPORT
Page 2 of 2
acquire development rights in order to secure a building permit,
and the two week period for owners to purchase rights.
The key to a successful plan is to create an incentive
for property owners, and perhaps members of the general public,.
to purchase development rights at this time. It appears that
some of the incentives would be:
1. Avo~d annual 15% escalation in cost~
2. Guaranteed availability of water and sewer mains (in
quarter mile grid streets).
3. Avoidance of need to construct transition sections
(horizontal and vertical) on through streets.
4. Guarantee two means of dedicated and paved access
roads.
5. Improve response time for emergency vehicles.
6. Enhance marketability of new homes by improved
appearance and access.
7. Avoid more drastic measures.
We recommend that a public hearing on the proposed
Verdemont Area Public Works Infrastructure Financing Plan be set
for 10:00 a.m. at the Council meeting of 10-16-89. This will
allow for input by property owners and members of the development
community.
9-21-89
75.0264
....,.3...~
9/21/89
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RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING THE
VERDEMONT AREA PUBLIC WORKS INFRASTRUCTURE FINANCING PLAN.
RECITALS
WHEREAS, the Verdemont Area is experiencing a rapid rate
of development; and
WHEREAS, the existing public works infrastructure system
was installed many years ago to serve the few low density
residential units in the area; and
WHEREAS, the existing streets are not paved to the
planned ultimate width or grade, and are not improved with curbs
and gutters, sidewalk, street lights, landscaping, sewer and
water service; and
WHEREAS, the existing public works infrastructure system
is not adequate to accommodate the ever increasing volumes of
pedestrian and vehicular traffic that are generated by the new
developments; and
WHEREAS, developers are hampered by the absence of fully
improved streets, which necessitate conditions of approval that
dictate off-site improvements to provide the second means of
dedicated and paved emergency access and to provide water and
sewer service to their developments; and
WHEREAS, the absence of a fully improved street system is
an impediment to the marketing activities for the new residential
units; and
WHEREAS, it is imperative that an acceptable plan be
adopted to provide the necessary financing to construct a
complete system of public works infrastructure in the Verdemont
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9/21/89
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Area; and
WHEREAS, an Engineering Study has been prepared to
identify the required public works infrastructure improvements
and determine the amount of fee for the development rights to
provide the necessary revenue to finance the identified
improvements.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON
COUNCIL OF THE CITY OF SAN BERNARDINO, AS FOLLOWS:
SECTION 1.
That the Verdemont Area Public Works
Infrastructure Financing Plan, a copy of which is attached
hereto, marked Exhibit" Anand incorporated herein a fully as
though set forth at length herein, is hereby approved and
adopted.
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at a
meeting thereof, held on the
__day of
AYES:
, 1989, by the following vote, to-wit:
Council Members
NAYS:
ABSENT:
City Clerk
The foregoing resolution is hereby approved this
__day of
, 1989.
Approved as to form
and legal content:
James F. Penman
City Attorney
w. R. Holcomb, Mayor
City of San Bernardino
By
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ORDINANCE NO.
ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING SECTION
15.73 TO THE SAN BERNARDINO MUNICIPAL CODE TO REQUIRE THE
PURCHASE OF DEVELOPMENT RIGHTS AS A CONDITION FOR ISSUANCE OF A
BUILDING PERMIT IN THE VERDEMONT AREA.
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO DO ORDAIN AS FOLLOWS:
SECTION 1. Section 15.73 is added to the San Bernardino
Muncipal Code to read as follows:
"Acquisition of Development Rights
A. No building permit shall be issued within the
Verdemont Area without the applicant first having secured a
development right for each proposed Single Family Dwellinq Unit
or equivaleI:1t Single Family Dwelling 'Unit for Commercial or
Industrial Development. . A written application, along with the
fee(s) established by resolution, shall be submitted to the
Director of Public Works/City Engineer, and a Purchase Agreement
executed, for every development proposed within the Verdemont
Area.
Verdemont Area Defined
B. The Verdemont Area is defined as that area of the
Ci ty of San Bernardino delineated by the Verdemont Area Plan
22 adopted by the Mayor and Common Council in November, 1986.
23 C. Exemptions. The issuance of building permits for the
24 repair, renovation or addition less than 25%, of existing single
25 family homes shall be exempt from the requirement to acquire
26 development rights."
27 / / / /
9 / 21 / 89 28 / / / /
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9/21/8928
ORD:
~~~~~~Q~~I~~G~;S1 i~TOCO~<;ITTOI;:Q~;';~I:~~~:~iE O~F A BUILDING
PERMIT IN THE VERDEMONT AREA.
1
I HEREBY CERTIFY that the foregoing ordinance was duly
2 adopted by the Mayor and Common Council of the City of San
3 Bernardino at a
4 day of
meeting thereof, held on the
, 1989, by the following vote, to-
5 wit:
6
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10
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12
13
14 of
15
16
Council Members
AYES:
NAYS:
ABSENT:
City Clerk
The foregoing ordinance is hereby approved this day
, 1989.
w.
City
R.
of
Holcomb, Mayor
San Bernardino
Approved as to
form and legal content:
James F. Penman
City Attorney
By
2