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HomeMy WebLinkAbout15- Community Development ORIGINAL CITY OF SAN BERNARDINO-REQUEST FOR COUNCIL ACTION From: Valerie C. Ross, Interim Director Subject: Resolutions to reduce certain Development Impact Fees and City Dept: Community Development processing fees, Resolution to expand the fee deferral program, and an Urgency Date: July 8,2010 Ordinance to grant automatic extensions of development project approvals. MCC Date: July 19, 2010 Synopsis of Previous Council Action: June 24,2010. Ways and Means recommended a temporary reduction of specified Development Impact Fees(DIFs)and City processing fees; expansion of the DIF deferral program; and an automatic extension of time for certain development projects. May 19,2010. Ways and Means discussed various economic development stimulus options. Recommended Motion: A. Adopt Resolution to reduce certain Development Impact Fees by 50%for two years. B. Adopt Resolution related to Development Impact Fee Deferrals. C. Adopt Urgency Ordinance related to Automatic Extensions of Time for Certain Development Project Approvals. D.1. Adopt Resolution to reduce certain City processing fees by 50%for two years (Committee recommendation), OR D.2. Deny any reduction in City processing fees(Staff recommendation), OR D.3. Adopt Resolution to reduce certain City processing fees by 50%for one year (alternate recommendation). YaQP,uv�/. 7�8� Valerie C. Ross Contact person: Valerie C.Ross Phone: 5357 Supporting data attached: Staff Report, Resolutions, Ward:Citywide Urgency Ordinance FUNDING REQUIREMENTS: Amount: Unknown at this time Source: (Acct.Nos.) Acct. Description: Various Council Notes: Jf psi a0<o- c2-116,c26 4e)--2 7, ,1 o16 - a[f,P iae- - /3a9 Aeenda Item No. /5 CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION STAFF REPORT Subject: Resolutions to reduce certain Development Impact Fees and City processing fees,Resolution to expand the fee deferral program, and an Urgency Ordinance to grant automatic extensions of development project approvals. Background: Temporary Development Fee(DIF) Reduction The Building Industry Association(BIA) submitted a proposal to reduce certain Development Impact Fees(DIFs)by 50%for one year or until a specified amount of residential building permits (subdivisions of five or more lots)have been issued. Staff expanded the proposal to include commercial (40,000 square feet and larger)and office(50,000 square feet and larger) projects. Staff recommended that the Law Enforcement,Fire Suppression,Library Facilities,Aquatic Facilities,Public Meeting Facilities, and Parkland and Open Space fees be included. Ways and Means (Councilmembers Shorett and Kelley)recommended that the Public Meeting Facilities fee not be included and directed staff to adjust the remaining fees so that the 50%reduction would be approximately$6,281. The following table includes staff's 50%recommendation and the adjustment to exclude the Public Meeting Facility DIF. Sin le Family Residential DIF Fee Per Unit 50% Variable % Reduction Reduction Law Enforcement 617.46 308.73 [5o%] 308.73 Fire Suppression 765.30 382.65 [5o%] 382.65 Library Facilities 616.32 308.16 [55%] 338.97 Aquatic Facilities 315.08 157.54 [55%] 173.29 Public Meeting Fac. 1,052.70 526.35 Parkland/ n S ace 9,196.00 4,598.00 [55% 5,057.80 Total 12,562.86 6,281.43 6,261.44 40,000 Square Foot Commercial DIF Fee Per S . Ft. I Total 50%Reduction Law Enforcement 0.75 30,000.00 15,000.00 Fire Suppression 0.28 11,200.00 5,600.00 Total 41,200.00 20,600.00 50,000 Square Foot Office DIF Fee Per S . Ft. Total 50%Reduction Law Enforcement 0.75 37,500 18,750 Fire Suppression 0.28 14,000 7,000 Total 51,500 25,750 2 The Library Facilities, Aquatic Facilities, Public Meeting Facilities, and Parkland/Open Space DIFs do not apply to non-residential projects. Staff recommended that the Local Circulation System, Regional Circulation System, Sewer Connection, and Storm Drain DIFs not be considered for a reduction. The local circulation, storm drain, and sewer connection fees go toward projects that serve existing and future needs. There are more needs and projects than fees being generated. Reducing or suspending these fees would mean that projects would not get started and/or completed. The regional circulation fee is the developer's fair-share contribution toward Measure I projects and cannot be waived or reduced. DIF Deferral Program This program allows the deferral of these impact fees until the release of utilities or eighteen months from the issuance of the building permit, whichever is less. The developer/applicant enters into an agreement and pays the impact fees in effect at the time of collection of fees. The agreement is recorded through the County Recorder's Office. On March 17, 2008, the Mayor and Common Council adopted a fee deferral program for single family subdivisions, as per the recommendation of the Legislative Review Committee. Prior to that the City adopted a fee deferral program in 1996, which was in effect for one year. In 1999, the Mayor and Common Council again adopted a fee deferral program that was later repealed. Ways and Means recommended that this program be expanded to include non-residential projects. All of the City DIFs can be deferred. Those fees include the Law Enforcement Facilities, Vehicles, and Equipment; Fire Suppression Facilities, Vehicles, and Equipment; Local Circulation System; Regional Circulation System; Library Facilities and Collection; Public Meeting Facilities; Aquatics Facilities; Parkland and Open Space Acquisition and Facilities Development; Storm Drain Connection; and Sewer Connection. Automatic Extensions of Time Ways and Means recommended that the Mayor and Common Council grant an automatic two year extension of time for development projects (Conditional Use Permits and Development Permits Type 2 and 3) that expire in 2010. This is consistent with State legislation that granted similar extensions of time on subdivisions. In 1994, the Mayor and Common Council amended the Development Code to automatically extend approved Conditional Use Permits and Development Permits for one year. Staff has identified seven CUPS and one DP3 that have or will expire in 2010, and another 13 CUPS and nine DP2 applications where the initial approval will expire in 2010. The proposed automatic extension would extend each project's expiration date by two years. The draft urgency ordinance includes language that the owner/applicant, by acceptance of the extension, waives any challenges to the project's conditions,fees,etc. Temporary City Processing Fees Reduction At the June 24, 2010 Ways and Means Committee meeting, an additional request was made to reduce City plan review, processing, and permit fees by 50% for single family subdivisions of five or more units. Ways and Means concurred. Staff does not support with this proposal. Some of the fees collected are pass-through fees and/or fees paid to outside consultants. The other fees 3 go into the General Fund to cover the costs of the services provided. Attachment 3 outlines the City plan review, processing, and permit fees, with a summary of costs for a hypothetical subdivision. Based on that summary, the total City fees for this hypothetical project would be approximately$47,213: therefore, a 50%reduction results in fees totaling $23,606. Staff recommends that no City fees be reduced. As an alternative, if the Mayor and Common Council wish to proceed with City fee reductions, staff suggests that the reduction be in place for a period of one year. Toward the end of that year, staff can reevaluate the impact and recommend whether the reduction should be extended. Financial Impact: • Temporary DIF Reduction Program. The City would only collect 50% of the specified DIFs upon issuance of permits. It is difficult to make an estimate since development is extremely slow. • DIF Deferral Program. There is no impact to the City. All DIFs are paid before the single family house is released. • Automatic Extensions of Time. No direct impact, but potential EOT and refiling fees would be foregone. • Temporary Reduction of certain City processing fees. It is difficult to make an estimate because no single family subdivisions have been processed or built in the last two years. However, this would be a negative impact since these are fees that go into the General Fund to cover the costs of providing the plan review, processing, and permit services. Recommendation: D. Adopt Resolution to reduce certain Development Impact Fees by 50% for two years. E. Adopt Resolution related to Development Impact Fee Deferrals. F. Adopt Urgency Ordinance related to Automatic Extensions of Time for Certain Development Project Approvals. D.1. Adopt Resolution to reduce certain City processing fees by 50% for two years (Committee recommendation), OR D.2. Deny any reduction in City processing fees (Staff recommendation), OR D.3. Adopt Resolution to reduce certain City processing fees by 50% for one year (alternate recommendation). Attachments: 1 June 17, 2010 Memorandum to Ways and Means Committee (June 24, 2010 Meeting) 2 May 17, 2010 Memorandum to Ways and Means Committee (May 19, 2010 Meeting) 3 City Plan Review, Processing, and Permit Fees 4 Development Impact Fee Resolution 5 Development Impact Fee Deferral Resolution 6 Automatic Extensions of Time Urgency Ordinance 7 City Processing Fees Resolution 3 4 ATTACHMENT Ways&Means DIF Reductions Meeting Date:06.23.10 Page 1 of 4 CITY OF SAN BERNARDINO Development Services Department Interoffice Memorandum TO: Ways and Means Committee FROM: Valerie C. Ross, Director THROUGH: Charles McNeely, City Manager SUBJECT: Temporary Reduction of Development Impact Fees DATE: June 17, 2010 COPIES: Barbara Pachon, Finance Director BACKGROUND AND REQUEST At the May 19, 2010 Ways &Means Committee meeting, staff presented a proposal from the Building Industry Association to temporarily reduce certain Development Impact Fees by 50% for One year or until a specified number of residential building permits was issued. Staff recommended that residential include subdivisions(five or more lots). Staff expanded the request to include commercial and office (over a certain square footage or valuation). Staff recommended consideration of the Law Enforcement Facilities, Vehicles, and Equipment, the Fire Suppression Facilities, Vehicles, and Equipment, the Library Facilities and Collection, the Aquatic Facilities, the Public Meeting Facilities, the Parkland and Open Space, and the Cultural Development Impact fees. For a single family residential unit, the total of these fees is $12,562.86 and the 50%reduction is$6,281.43. Councilmembers Shorett and Kelley concurred with staff s recommendations,with the exception of inclusion of the Public Meeting Facilities fee. Staff was directed to adjust other fees to delete this fee,but still reduce the DIFs to $6,281.43. As a result, the Law Enforcement and Fire Suppression DIFs were reduced by 50% and the Library, Aquatic, and Parkland and Open Space DIFs were reduced by 55%. For office, staff recommends that the DIF reductions apply to buildings that are 50,000 square feet or greater in size. For comparison, the 2-story office building at 1594 Gifford Drive is 51,830 square feet, the 2-story office building at Carnegie Drive and Hospitality Lane is 86,000 square feet, the 3-story office building at Carnegie Drive and Hospitality Lanes is 109,000 square 3 feet, and the 3-story office building at Vanderbilt Way and Camegie Drive is 120,000 square ! feet. For commercial, staff recommends that the DIF reductions apply to buildings that are 40,000 square feet or greater in size. For comparison, a typical Stater Bros. Market is around 43,000 square feet. ATTACHMENT Ways&Means DIF Reductions Meeting Date:06.23.10 Page 2 of 4 The following is a listing of the proposed DIFs and reductions: DIF Single Family Residential Fee/Per Unit 5001.Reduction 50%Reduction Variable%Reduction Law Enforcement $ 617.46 $ 308.73 $ 308.73 [50%] $ 308.73 Fire Suppression $ 765.30 $ 382.65 $ 382.65 [50%1 $ 382.65 Library Facilities $ 616.32 $ 308.16 $ 308.16 [55%1 $ 338.97 Aquatic Facilities $ 315.08 $ 157.54 $ 157.54 [55%1 $ 173.29 Public Meeting Fac. $ 1,052.70 $ 526.35 Parkland/Open Space $ 9.196.00 $ 4.598.00 $ 4,598.00 [55%1 $ 5.057.80 Total $ 12,562.86 $ 6,281.43 $ 5,755.08 $ 6,261.44 DIF 40,000 s.f. Commercial 50,000 s.f. Office FwRer Sq.Ft. Total 50%Reduction Total 50%Reduction Law Enforcement $ 0.75 $30,000.00 $ 5,000.00 $ 37,500.00 $ 18,750.00 Fire Suppression $ 0.28 $ 11,200.00 $ 5,600.00 $ 14,000.00 $ 7,000.00 Library Facilities $ - $ - $ - - Aquatic Facilities $ - $ - $ - Public Meeting Fac. $ - $ - $ - Parkland/Open Space $ $ - $ Total $41,200.00 $20,600.00 $ 51,500.00 $25,750.00 Note: The DIFs are increased each July 15 based on the ENR Construction Cost Index. If Ways &Means recommends proceeding with the proposed temporary reduction in the specified DIFs, staff will adjust the rates. ATTACHMENT Ways&Means DIF Reductions Meeting Date: 06.23.10 Page 3 of 4 ADDITIONAL REQUESTS DIF Deferral Agreements On March 17, 2008,the Mayor and Common Council adopted resolutions to allow the deferral of certain DIFs for eighteen(18) months or until a request is made for the release of utilities, whichever is less. That deferral was only for residential development (subdivisions). There was no sunset clause, so that provision is still in place. One residential developer entered into DIF deferral agreements with the City, and no additional subdivisions have proceeded with development. The DIFS that can be deferred are the Law Enforcement Facilities, Vehicles, and Equipment; Fire Suppression Facilities, Vehicles, and Equipment; Local Circulation System; Regional Circulation System; Library Facilities and Collection;Public Meeting Facilities; Aquatics Facilities; Parkland and Open Space Acquisition and Facilities Development; Storm Drain Connection; and Sewer Connection. Automatic Extensions of Time The State has granted two, one-year extensions of time on subdivisions in addition to any extensions local jurisdictions allow. This has benefitted many developers in the City with approved maps. Staff has had inquiries from other developers as to if the City will take similar action on Conditional Use Permits and Development Permits,which are valid for two years, with the opportunity for a one year extension, for a total of three years. Staff is still completing the research,but it appears that there are seven CUPS and one DP3 that the three year total expires in 2010. And, there are about 13 CUPS and nine DP2s where the initial two year approval will expire in 2010. Unfortunately, the developers are not able to proceed at this time for various economic reasons. While some of these projects will not get built even when the economy improves, staff believes that others will likely proceed. In 1994, the Mayor and Common Council adopted an amendment to the Development Code extending previously approved Conditional Use Permits and Development Permits for one year. If a similar action is taken now, the eight projects mentioned above will still be valid and the other 22 will get a similar advantage. RECOMMENDATIONS • If Ways and Means does not want to include a reduction of the Public Meeting Facilities fee that the DIF reductions in the Variable column be used as shown above. This would bring the total DIF reduction for single family to $6261.44. The total DIF reduction for office would be $25,750 and the total DIF reduction for commercial would be $20,600. • The DIFs be reduced for one year or 100 permits,whichever comes first. • Staff returns to Ways and Means approximately nine months after adoption of the reduced DIFs to determine if this economic stimulus effort should expire or be extended. • The DIF fee deferral agreement be expanded to include commercial and office. ATTACHMENT Ways&Means DIF Reductions Meeting Date: 06.23.10 Page 4 of 4 • Staff prepare an amendment to the Development Code to extend the life of Conditional Use Permits and Development Permits(Types 2 and 3). Attachments: May 17, 2010 Memorandum to Ways and Means Committee i. i ATTACHMENT Ways&Means Committee DIFs May 17,2010 Page 1 of 3 CITY OF SAN BERNARDINO Development Services Department Interoffice Memorandum TO: Ways and Means Committee FROM: Valerie C. Ross, Director THROUGH: Charles McNeely, City Manager SUBJECT: Temporary Reduction of Development Impact Fees DATE: May 17, 2010 COPIES: Barbara Pachon, Finance Director As part of Mayor and Common Council Retreat held on March 25, 26, and 27, 2010, the City Manager provided a series of Building a Better Community initiatives. The Building Sustainability category includes the Economic Development and Process Improvements initiatives. Staff has been meeting with representatives of the development community and the Building Industry Association regarding a temporary reduction or suspension of development impact fees (DIFs). Both groups agree that either could stimulate new construction. While the development community requests vary, the BIA has requested a 50% reduction for one year or until a specified number of residential building permits is issued. In a report entitled The Housing Crisis—Issues &Potential Strategies,Dr. John Husing recommends that jurisdictions consider reducing developer impact fees for the same reason. The BIA previously provided staff with a listing of jurisdictions that have reduced or suspended collecting various development impact fees. Those jurisdictions included the cities of Highland, Banning,Moreno Valley, and Beaumont. The BIA is in the process of updating that list, which will be provided to Ways and Means when completed. Since each jurisdiction collects development impact fees for different reasons, a like-for-like comparison cannot be made. For example, the City of San Berardino has an Aquatics Facilities DIF which most jurisdictions do not have. The City of San Berardino adopted the following development impact fees: • Local Circulation System • Regional Circulation System • Sewer Connection • Storm Drain • Law Enforcement Facilities, Vehicles, and Equipment • Fire Suppression Facilities, Vehicles, and Equipment ATTACHMENT • Library Facilities and Collection • Aquatic Facilities • Public Meeting Facilities • Parkland and Open Space • Cultural Development The sewer capacity fee is paid directly to the applicable water agency, either the San Bernardino Municipal Water Department or East Valley Water District, so that DIF is not included here. Likewise, school construction fees are paid to the applicable school district. The library, aquatic,public meeting, and parkland and open space fees are only applicable to residential development. The cultural development construction fee is only applicable to commercial development. The other DIFs apply to all types of development. Representatives of the development community have also requested that the City reduce or suspend Verdemont Impact Fee. That fee expired in 2008 when the loan was forgiven by the EDA. Prior to its expiration, staff retained Revenue&Cost Specialists to prepare a nexus study for Verdemont area infrastructure improvements. That study was completed just as the economy started slowing. The per unit fees would have increased from $3,000 up to $14,600 depending on the location(nexus to the improvements.) Since the proposed new fees were substantially higher, that study was temporarily put on hold. If the Ways and Means Committee wishes to pursue a temporary reduction or suspension of DIFs, staff recommends consideration of the following: • Local Circulation System—No • Regional Circulation System—No • Sewer Connection—No • Storm Drain—No • Law Enforcement Facilities, Vehicles, and Equipment—Yes • Fire Suppression Facilities, Vehicles, and Equipment—Yes • Library Facilities and Collection—Yes • Aquatic Facilities—Yes • Public Meeting Facilities—Yes • Parkland and Open Space—Yes • Cultural Development—Yes The local circulation, storm drain, and sewer connection fees go toward projects that serve existing and future needs. There are more needs and projects than fees being generated. Reducing or suspending these fees would mean that projects do not get started and/or completed. The regional circulation fee is the developer's fair-share contribution toward Measure I projects. Staff also recommends that this economic stimulus effort be geared toward subdivisions (5+ units) and no multi-family. In addition, staff would recommend inclusion of commercial and ATTACHMENT office (over a certain square footage or valuation), but not industrial development. One or two single family units on existing lots do not really stimulate development or create jobs. Industrial is typically big box warehouse/distribution that doesn't create many jobs or revenue. Establishing t a maximum number of permits and/or timeframe gives the City the opportunity to assess the program and determine whether to recommend extension or cessation. Temporarily reducing certain development impact fees should give the City of San Bernardino a competitive advantage since the city of Highland is the only nearby jurisdiction that offers this incentive. Attachment: The Housing Crisis—Issues &Potential Strategies,by Dr. John Husing ATTACHMENT 3 City Plan Review, Processing, and Permit Fees A subdivision of 12 or more single family homes requires a Development Permit 3 through Planning,with Planning Commission approval. The associated fees are: Fee 1 50%Reduction Base Fee 7,191 3,595.50 Technology Fee 143.82 71.91 Archive Fee 12.00 6.00 Total 7,346.82 3,673.41 The following are the Building and Safety City fees for plan review and permit/inspection for a tract home of 1,800 square feet with a 2-car garage in a single family subdivision. Fees that are collected for outside services or pass-through are not included in the 501/6 fee reduction analysis. Fee Calculation for Model Plan Check Type of Review Fee 50%Reduction Plan Review 120.00 60.00 Fire Plan Review 103.88 51.94 Building Permit 546.00 273.00 Planning Review 56.00 28.00 Issuance Fee 40.00 20.00 Archive Fee 46.00 23.00 Technology Fee 14.12 7.06 Outside Plan Review N/A State SMIP Fee N/A State BSA Fee N/A Total 926.00 463.00 Fee Calculation for Repetitive Homes Type of Review Fee 50%Reduction Building Permit 546.00 273.00 Planning Review 56.00 28.00 Issuance Fee 40.00 20.00 Archive Fee 1.00 .50 Technolo Fee 14.72 7.36 Outside Plan Review N/A State SMIP Fee N/A State BSA Fee N/A Total 657.72 328.86 'The City uses on-call plan check firms for Building plan review.This is an out-of-pocket cost. 1'fhe Strong Motion Instrumentation Program and California Building Standards Administration are statutory fees paid to the State(pass-through). The following are the Fire review fees for plan review and permittinspection for a single family home: Type of Review I Fee 50%Reduction Plan Review/Inspection <5,000 s.f. 155.47 77.73 Sprinklers <2,500 s.f. 284.46 142.23 Archive Fee 46.00 23.00 Total 485.93 242.96 For tract homes, the plan review/inspection fee is only charged for each model. However, an inspection fee of$207.76 is charged for each successive house. The Engineering Land Development fees are 2% of the estimated construction cost for plan check and 3% of the estimated construction cost for the permit/inspection. For comparison purposes, staff used Tract No. 17793, which consisted of 18 homes located on the south side of Pacific Street on Lynwood Drive. Type of Review Fee 50%Reduction Grading Plan Check 105.00 52.50 Grading Inspection 800.00 400.00 W MP 1,130.00 565.00 Hydrology 200.00 100.00 SWPPP 400.00 200.00 Off-Site Plan Check 4,069.87 2,034.93 Off-Site Inspection 4,069.87 2,034.93 On-Site Plan Check 3,302.90 1,651.45 On-Site Inspection 4,954.35 2,477.17 Landscape Plan Check 1,883.50 941.75 Landscape Inspection 2,825.25 1,412.62 Total 23,740.74 11,870.35 A true comparison is difficult because of the many variables. However, using the Engineering Land Development information above, the following is a rough estimate of development of a hypothetical 18 lot/house tract. It assumes that the tentative map has already been approved by the Planning Commission so those processing fees have not been included. Typically, a tract contains three or four models with different square footage. The estimate below is using one model only. Type of Review Fee 50%Reduction Planning 7,346.82 3,673.41 Building 12,107.24 6,053.62 Fire 4,017.85 2,008.92 Land Development 23,740.74 11,870.37 Total 47,212.65 23,606.32 Needless to say, no two single family subdivisions are similar. In addition to the differences in the number of lots/units, the overall acreage and location are factors. Tract No. 17793 is not in the hillside area or the high fire area, both of which affect design, development, and costs. Relatively minor infrastructure improvements were required and the back bone circulation was in place. © 1 RESOLUTION NO. COM 2 3 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SA 4 BERNARDINO RELATING TO THE TEMPORARY REDUCTION OF CERTAIN DEVELOPMENT IMPACT FEES ESTABLISHED BY RESOLUTION NO. 2006-97. s j BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY O 6 SAN BERNARDINO AS FOLLOWS: 7 SECTION 1: The following Development Impact Fees established by Resolution No s 2006-97 are hereby reduced for a period of two years from the effective date of this resolution: 9 10 1. Law Enforcement Facilities, Equipment, Vehicles—50%Reduction. 11 2. Fire Suppression, Facilities, Equipment,Vehicles—50%Reduction. 12 3. Library Facilities and Collection—55% Reduction. 13 4. Aquatic Facilities—55%Reduction. © 14 5. Parkland and Open Space Acquisition and Park Improvement — 55°/ 15 16 Reduction. 17 18 19 20 21 22 23 24 25 26 27 Q 28 - 1 i © 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF S 2 BERNARDINO RELATING TO THE TEMPORARY REDUCTION OF CERTAI DEVELOPMENT IMPACT FEES ESTABLISHED BY RESOLUTION NO. 2006-97. 3 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor an 4 Common Council of the City of San Bernardino at a meeting thereof, held on the 5 day of 2010,by the following vote,to wit: 6 Council Members: AYES NAYS ABSTAIN ABSENT 7 MARQUEZ 8 DESJARDINS _ 9 BRINKER 10 n SHORETT 12 KELLEY 13 JOHNSON " MC CAMMACK © IS — 16 City Clerk 17 18 The foregoing resolution is hereby approved this day of 2010. 19 20 Patrick J. Morris, Mayor 21 City of San Bernardino 22 Approved as to form: 23 24 JAMES F. PENMAN, City Attorney 25 26 B 27 28 _2 i 1 i G1 RESOLUTION NO. 2 3 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO RELATING TO THE DEFERRAL OF CERTAIN DEVELOPMEN a IMPACT FEES ESTABLISHED BY RESOLUTION NO. 2006-97. 5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF 6 SAN BERNARDINO AS FOLLOWS: 7 8 SECTION 1: For the construction of new single-family homes in subdivisions of five o 9 more lots or parcels, and for the construction of new commercial, office, or industrial projects 10 the following fees established by Resolution No. 2006-97 may be deferred at the request of th I owner of the property until the release of utilities is issued or eighteen (18) months from th 12 issuance of the Building Permit, whichever is less: Law Enforcement Facilities, Vehicles, an 13 10. Equipment; Fire Suppression Facilities, Vehicles, and Equipment; Regional Circulation System- is© 15 Local Circulation System; Parkland and Open Space Acquisition and Park Improvement; Libr 16 Facility and Collection; Public Meeting Facilities; Aquatics Facilities; and Storm Drain 17 Development. The owner of the property shall personally guarantee payment of the fees, sign 18 19 documents authorizing the City to place a lien on the property in the amount of the fees, agree t 20 place the payment of the fees in any escrow for the sale of the property, authorize the City to 21 demand payment in any such escrow, and pay an administrative fee set by resolution of the 22 Mayor and Common Council. The amount of the fees due shall be the amount in effect at the 23 time of collection of the fees. In no event shall utilities be released until the fees are paid, excep 24 25 that electrical service may be released at the discretion of the Building Official where necess 26 for security or maintenance purposes. 27 © 28 /// ® 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAls 2 BERNARDINO RELATING TO THE DEFERRAL OF CERTAIN DEVELOPME IMPACT FEES ESTABLISHED BY RESOLUTION NO. 2006-97. 3 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor an 4 Common Council of the City of San Bernardino at a meeting thereof, held on th 5 day of 2010,by the following vote,to wit: 6 Council Members: AYES NAYS ABSTAIN ABSENT 7 M`ARQUEZ — 8 DESJARDINS — 9 BRINKER 10 11 SHORETT 12 KELLEY — 13 JOHNSON p 14 MC CAMMACK 15 — 16 City Clerk 17 is The foregoing resolution is hereby approved this day of 12010. 19 20 Patrick J. Morris, Mayor 21 City of San Bernardino 22 23 Approved as to form: 24 JAMES F. PENMAN, City Attorney 25 26 By: �MMti 27 © 213 .2 QORDINANCE NO. 2 3 AN URGENCY ORDINANCE OF THE CITY OF SAN BERNARDIN 4 AMENDING SECTIONS 19.36.070 AND 19.44.070 OF THE SAN BERNARDIN MUNICIPAL CODE (DEVELOPMENT CODE) TO GRANT A ONE TIME 5 AUTOMATIC TWO YEAR EXTENSION OF TIME FOR PREVIOUSLY APPROVE CONDITIONAL USE PERMITS AND DEVELOPMENT PERMITS, DECLARING TH 6 URGENCY THEREOF AND TAKING EFFECT IMMEDIATELY. 7 8 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN 9 BERNARDINO DO ORDAIN AS FOLLOWS: to WHEREAS, Senate Bill (SB) 1185 of 2008 added as an urgency statute, Sectio 11 66452.21 to the California Government Code (Subdivision Map Act) to automatically extend b 12 13 12 months the expiration dates of approved tentative subdivision maps or parcel maps; and © 14 WHEREAS, Assembly Bill (AB) 333 of 2009 added as an urgency statute, Sectio " 66452.22 to the California Government Code (Subdivision Map Act) to automatically extend b 16 24 months the expiration dates of approved tentative subdivision maps or parcel maps; and 17 WHEREAS, these automatic extensions of time on tentative subdivision map and parce 18 19 map approvals do not apply to associated land use entitlements or development permits; and 20 WHEREAS, on June 24, 2010, the Ways and Means Committee considered various 21 economic development stimulus options and recommended that the Mayor and Common Council 22 grant a one time, automatic two year extension of time for previously approved development 23 24 applications. 25 WHEREAS, the Mayor and Common Council find that adoption of this Urgency 26 Ordinance is necessary to provide an immediate economic stimulus due to prevailing adverse 27 economic conditions in the construction industry and for the immediate preservation of the Q28 public peace,health, or safety pursuant to San Bernardino Charter Sections 31 and 121. - 1 i CNOW THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE CITY 2 OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: 3 Section 1. Chapter 19.36 of the San Bemardino Municipal Code (Development Code) 4 s Conditional Use Permits, Section 19.36.070, Conditional Use Permit Expiration is hereb 6 amended to add the following: 7 "Any previously approved Conditional Use Permit that had not expired as of January 1, 201 8 shall be extended for two years. This automatic extension of time is a one time extension and it 9 in addition to the time granted under the initial approval of the Conditional Use Permit or an 10 11 subsequent approval of an extension of time. This automatic extension of time shall not reinstat 12 nor extend any person's right to an administrative appeal and shall not reinstate nor extend an 13 claims or litigation statute of limitations. By acceptance of this grant of an automatic extensio ® 14 of time, the applicant(s) hereby waives any challenges to the conditions, fees, and requirement u of the Conditional Use Permit." 16 17 Section 2: Chapter 19.44 of the San Bemardino Municipal Code (Development Code) Is Development Permits, Section 19.44.070, Development Permit Expiration is hereby amended to 19 add the following: 20 "Any previously approved Development Permit 2 or 3 that had not expired as of January 1, 201 21 22 shall be extended for two years. This automatic extension of time is a one time extension and is 23 in addition to the time granted under the initial approval of the Development Permit 2/3 or an ' subsequent approval of an extension of time. This automatic extension of time shall not reinstate zs nor extend any person's right to an administrative appeal and shall not reinstate nor extend an 26 claims or litigation statute of limitations. By acceptance of this grant of an automatic extensio 27 Q 2s _2 ® 1 of time, the applicant(s) hereby waives any challenges to the conditions, fees, and requirementq 2 of the Development Permit." 3 Section 3: This Ordinance shall take effect immediately upon adoption by the Mayor an 4 5 Common Council. 6 Section 4: Compliance with the California Environmental Quality Act. The Mayor an 7 Common Council finds that this ordinance is not subject to the California Environmental Quali s Act (CEQA) pursuant to Section 15060(c)(3) of the CEQA Guidelines, California Code o 9 Regulations, Title 14, Chapter 3, because this action will not result in a direct or reasonabl 10 11 foreseeable indirect physical change in the environment. All projects that will receive 12 automatic extension of time have previously been reviewed pursuant to CEQA. 13 Section 5: Severability. If any section, subsection, subdivision, sentence, clause o C14 phrase in this ordinance or any part thereof is for any reason held to be unconstitutional, invali 15 16 or ineffective by any court of competent jurisdiction, such decision shall not affect the validity o 17 effectiveness of the remaining portions of this ordinance or any part thereof. The Mayor an 18 Common Council hereby declares that it would have adopted each section irrespective of the fact 19 that any one or more subsections, subdivisions, sentences, clauses, or phrases be declared 20 unconstitutional, invalid, or ineffective. 21 22 23 24 25 26 27 ©28 -3 I AN URGENCY ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING 2 SECTIONS 19.36.070 AND 19.44.070 OF THE SAN BERNARDINO MUNICIPAL CODE (DEVELOPMENT CODE)TO GRANT A ONE TIME,AUTOMATIC TWO YEAR 3 EXTENSION OF TIME FOR PREVIOUSLY APPROVED CONDITIONAL USE PERMITS AND DEVELOPMENT PERMITS DECLARING THE URGENCY 4 THEREOF AND TAKING EFFECT IMMEDIATELY. s I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor and 6 Council of the City of San Bernardino at a meeting thereof, held on the s day of , 2010,by the following vote,to wit: 9 Council Members: AYES NAYS ABSTAIN ABSENT 10 MARQUEZ 11 DESJARDINS 12 BRINKER _ 13 14 SHORETT 1s KELLEY 16 JOHNSON 17 MC CAMMACK _ 18 19 20 City Clerk 21 The foregoing Ordinance is hereby approved this day of 12010. 22 23 Patrick J. Morris,Mayor 24 City of San Bernardino 25 Approved as to form: 26 JAMES F. PENMAN City Attorney n ©28 13 -4 C2' RESOLUTION NO. z 3 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO RELATING TO THE TEMPORARY REDUCTION O 4 CERTAIN DEVELOPMENT FEES FOR SERVICES ESTABLISHED BY RESOLUTIO NO. 2009-122. 5 6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY O 7 SAN BERNARDINO AS FOLLOWS: 8 SECTION 1: The following Development Fees for Services for single famil 9 subdivisions of five or more units, established by Resolution No. 2009-122 are hereby reduce to by 50% for a period of two years from the effective date of this resolution: I 1. Development Permit 3 12 13 2. Planning Technology Fee 14 3. Planning Archive Fee V 15 4, Building Plan Review 16 5. Building Fire Plan Review 17 is 6. Building Permit 19 7. Building Planning Review 20 8. Building Issuance Fee 21 9. Building Archive Fee 22 10. Building Technology Fee 23 24 11. Fire Plan Review/Inspection(<5,000 s.f) 25 12. Fire Sprinklers (<2,500 s.f.) 26 13. Fire Archive Fee 27 14. Engineering Land Development Grading Plan Check ©2s 15. Engineering Land Development Grading Inspection _ t i ® 1 16. Engineering Land Development WQMP 2 17. Engineering Land Development Hydrology 3 18. Engineering Land Development SWPPP 4 5 19. Engineering Land Development Off-Site Plan Check 6 20. Engineering Land Development Off-Site Inspection 7 21. Engineering Land Development On-Site Plan Check 8 22. Engineering Land Development On-Site Inspection 9 23. Engineering Land Development Landscape Plan Check 10 11 24. Engineering Land Development Landscape Inspection 12 13 14 © 15 16 17 18 19 20 21 22 23 24 25 26 27 ©28 -2 I RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN 2 BERNARDINO RELATING TO THE TEMPORARY REDUCTION O CERTAIN DEVELOPMENT FEES FOR SERVICES ESTABLISHED BY RESOLUTIO 3 NO. 2009-122. 4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor an 5 Common Council of the City of San Bernardino at a meeting thereof, held on the day of 2010,by the following vote,to wit: 6 Council Members: AYES NAYS ABSTAIN ABSENT 7 8 MARQUEZ 9 DESJARDINS _ 10 BRINKER 11 SHORETT 12 KELLEY — 13 JOHNSON 14 - ©I5 MC CAMMACK 16 17 City Clerk 18 The foregoing resolution is hereby approved this day of , 2010. 19 20 21 Patrick J. Moms,Mayor City of San Bernardino 22 23 Approved as to form: 24 JAMES F. PENMAN, 25 City Attorney 26 27 By ©28 -3 © 1 RESOLUTION NO. 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN 3 BERNARDINO RELATING TO THE TEMPORARY REDUCTION O CERTAIN DEVELOPMENT FEES FOR SERVICES ESTABLISHED BY RESOLUTION 4 NO. 2009-122. 5 6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY O SAN BERNARDINO AS FOLLOWS: 7 SECTION 1: The following Development Fees for Services for single family 8 9 subdivisions of five or more units, established by Resolution No. 2009-122 are hereby reduce i o by 50% for a period of one year from the effective date of this resolution: I 1 1. Development Permit 3 12 2. Planning Technology Fee 13 3. Planning Archive Fee 14 15 4. Building Plan Review 16 5. Building Fire Plan Review 17 6. Building Permit 18 7. Building Planning Review 19 20 8. Building Issuance Fee 21 9. Building Archive Fee 22 10. Building Technology Fee 23 11. Fire Plan Review/Inspection(<5,000 s.£) 24 12. Fire Sprinklers (<2,500 s.£) 25 26 13. Fire Archive Fee 27 14. Engineering Land Development Grading Plan Check ©28 15. Engineering Land Development Grading Inspection 1 C1 16. Engineering Land Development WQMP 2 17. Engineering Land Development Hydrology 3 18. Engineering Land Development SWPPP 4 19. Engineering Land Development Off-Site Plan Check 5 20. Engineering Land Development Off-Site Inspection 6 7 21. Engineering Land Development On-Site Plan Check 8 22. Engineering Land Development On-Site Inspection 9 23. Engineering Land Development Landscape Plan Check to 24. Engineering Land Development Landscape Inspection ]t 12 13 C 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 _2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF S C 1 BERNARDINO RELATING TO THE TEMPORARY REDUCTION O ! 2 CERTAIN DEVELOPMENT FEES FOR SERVICES ESTABLISHED BY RESOLUTIO NO.2009-122. 3 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor an 4 Common Council of the City of San Bernardino at a meeting thereof, held on th s day of 2010,by the following vote,to wit: 6 Council Members: AYES NAYS ABSTAIN ABSENT 7 MARQUEZ, — 8 DESJARDINS — 9 BRINKER — 10 11 SHORETT 12 KELLEY — 13 JOHNSON Q - 14 MC CAMMACK 15 — 16 City Clerk 17 1s The foregoing resolution is hereby approved this day of , 2010. 19 20 Patrick J. Morris, Mayor 21 City of San Bernardino 22 23 Approved as to form: 24 JAMES F. PENMAN, City Attorney 2s 26 By: 27 © 28 -3 I RESOLUTION NO. 2 RESOLUTION OF THE MAYOR AND COMMON COUNC OF THE CITY OF SA 3 BERNARDINO RELATING TO THE TEMPO RY REDUCTION O CERTAIN DEVELOPMENT FEES FOR SERVICES ES ABLISHED BY RESOLUTIO a NO.2009-122. 5 6 BE IT RESOLVED BY THE MAYOR AND C MMON COUNCIL OF THE CITY O SAN BERNARDINO AS FOLLOWS: 7 8 SECTION 1: The following Deve pment Fees for Services for single family 9 subdivisions of five or more units, estab 'shed by Resolution No. 2009-122 are hereby reduce to by 50% for a period of one year from a effective date of this resolution: 1 t 1. Development Permit 12 2. Planning Technol Fee 13 to 3. Planning Archi Fee 15 4. Building PI Review 16 5. Building F re Plan Review 17 6. Buildin Permit 1s 7. Build' g Planning Review 19 zo 8. Bui ing Issuance Fee 21 9. B Iding Archive Fee - 22 10. uilding Technology Fee 23 11. Fire Plan Review/Inspection(<5,000 s.f) za 12. Fire Sprinklers (<2,500 s.f) 25 26 1 . Fire Archive Fee 27 4. Engineering Land Development Grading Plan Check zs 15. Engineering Land Development Grading Inspection t 16. Engineering Land Development WQMP i 2 17. Engineering Land Development Hydrology 3 18. Engineering Land Development SWPPP 4 19. Engineering Land Development Off-Site Plan Check 5 20. Engineering Land Development Off-Site Inspection 6 7 21. Engineering Land Development On-Site Plan Ch k 8 22. Engineering Land Development On-Site Insp ction 9 23. Engineering Land Development Landsca Plan Check 10 24. Engineering Land Development Land ape Inspection 11 12 13 to 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SA BERNARDINO RELATING TO THE TEMPORARY REDUC ION O 2 CERTAIN DEVELOPMENT FEES FOR SERVICES ESTABLISHED BY SOLUTIO NO.2009-122. 3 4 I HEREBY CERTIFY that the foregoing Resolution was duly ado Zedby the Mayor an Common Council of the City of San Bernardino at a mee ng thereof, held on the s day of 2010, by the following vote,to 't: 6 Council Members: AYES NAYS ABSTA ABSENT 7 MARQUEZ _ 8 DESJARDINS 9 BRINKER 10 II SHORETT 12 KELLEY 13 JOHNSON 14 MC CAMMACK IS 16 17 City Clerk 18 The foregoing resolution is hereby appro ed this day of , 2010. 19 20 Patrick J. Morris, Mayor 21 City of San Bernardino 22 23 Approved as to form: 24 JAMES F. PENMAN, City Attorney 2s 26 By: 27 28 -3 Local cities told they can play role in recovery of construction industry-DaityBulletin.com Page 1 of 3 doilybuiletin.com Local cities told they economic crisis. can play role in "The industry is in a recovery of depression," Husing said of the construction industry. "The construction region is in a recession, the industry industry is in a depression. No question about that." Jessica Chou,cn"enpondem Husing, president of Economics Created: 07/09/2009 04:31:30 PM & Politics, Inc., named PDT construction as one of the key ONTARIO -- The region must industries in the Inland Valley's focus on stimulating the building economic base. Decline in industry to begin economic construction leads to a recovery, said economist John slowdown in second-tier Husing Thursday at a conference industries such as retail. in Ontario. Husing suggested the city lower Twenty-one of San Bernardino developer impact fees and allow County's 24 cities were smaller homes and smaller lot represented at the program, sizes. "Roadmap to Recovery," where economists and business leaders Construction companies could discussed the Inland Valley then afford to sell houses while the market is at the bottom. Advertisement Entered Into Rec, at MCC/CDC Mtg: '719�c by: (2vj4 a. Agenda Rem No: 5 by: _(;?"_kL City ClerVCDC Secretary City of Son Bernardino Print Powered By (NMI Forrrmatr) na—tflios'�j http://www.dailybutletirLcom/ei_12804182 7/10/2009 Local cities told they can play role in recovery of construction industry-DailyBulletin.com Page 2 of 3 With the market prices as low as the only way to get into a they are, demand for houses has recovery is to get that hole filled, increased, Husing said. and I'm afraid that as far as I can Increasing construction would figure out, this is the one major lead to migration, and migration thing that can be done. into the Inland Valley ultimately brings money and business to "Because if you don't fill the help the second-tier industries. hole in the economic base, you don't have a recovery." "This is not about the construction industry," Husing In addition to Husing, speakers said. "This is about retail trade, included Mayor Don Kurth of retail sales, tax revenues, and Rancho Cucamonga and officials putting back to work (the from the Baldy View chapter of unemployed)." Building Industry Association (BIA), the Inland Empire Husing speculated the Economic Recovery Corporation construction industry will regain (IEERC) and the Arrowhead Credit its footing by 2013. To avoid an Union, elongated, stagnated recession, he urged local officials to take Speakers hoped to stimulate action now in addition to looking officials to help the construction at long-term solutions. industry. "Short term, we got a hole," "They have the ability and the Husing said. "It's a big one, and power through their policies to Advertieeme l Print Powered By INI FormatDynamios° I http://www.dafybulletin.com/ci_128043 82 7/10/2009 Local cities told they can play role in recovery of construction industry-DailyBulledn.com Page 3 of 3 help bring some of those fees "This is our region. These are down momentarily to provide our cities. It's up to us," Kurth incentives and concessions to said. "If we don't do it, doggonit, jump-start our business again," shame on us" said Scott Coler, president of the BIA Baldy View Chapter, jessica.chow&nlan dnewspapers. Construction stimulation could com make the difference between a (909) 483-9328 long-term recession and a recovery, Husing said. "It's very important that the cities come onto this partnership," said Terry Kent, vice president of Crestwood Communities. "And we're not looking at a long-term deal here -- 18 months, 24 months to get this economy going again." Kurth also emphasized local action on behalf of city officials, rather than waiting for federal or state help. 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