HomeMy WebLinkAbout2018-294Resolution No. 2018-294
RESOLUTION NO. 2018-294
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
RELATING TO THE DEFERRAL OF CERTAIN
DEVELOPMENT IMPACT FEES AND REPEALING
RESOLUTION NO. 2010-267
WHEREAS, the City recognizes the importance of encouraging continuing investment
in the City's development and also the importance of providing for needed infrastructure that is
made necessary by new development; and
WHEREAS, weighing the needs of private development and the needs of public
infrastructure, the City continues to believe that deferring the timing of development impact fee
payments to the request for final inspection adequately accomplishes the needs of obtaining
funding for needed public infrastructure, while at the same time alleviating the burden imposed
on development of having to pay those development impact fees at the building permit stage; and
WHEREAS, Resolution No. 2010-267, adopted by the Mayor and City Council on
August 2, 2010, provides inadequate flexibility for developers and, therefore, unnecessarily
restricts development opportunities within the City; and
WHEREAS, to balance the need for securing the eventual payment of development
impact fees with the need to provide flexibility to developers, the City now wishes to repeal
Resolution No. 2010-267 and replace it with a development impact fee program with increased
flexibility that is more appropriate given the complexity of modern development projects.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1. The above recitals are true and correct and are incorporated herein by this
reference.
SECTION 2. For the construction of new single-family subdivisions, townhomes, and
condominium projects of five or more units, and for the construction of new commercial, office,
or industrial projects the following fees may be deferred at the request of the owner of the
property until the release of utilities is issued or eighteen (18) months from the issuance of the
building permit, whichever is less: Law Enforcement; Regional Circulation System; Local
Circulation System; Parkland and Open Space; Library Facilities; Public Meeting Facilities;
Aquatics Facilities; and Storm Drain Development. The applicant or owner of the property shall:
(1) Enter into a Development Impact Fee Deferral Agreement on a form approved by the City
Attorney; (2) Provide security in a form approved by the City, such as a performance bond equal
to 100% of the development impact fees with the right of the City to make a claim as obligee of
such bond or an irrevocable letter of credit; and (3) Pay any administrative fee set by resolution
of the Mayor and City Council to cover the costs associated with processing such deferral. The
amount of the development impact fees due shall be the amount in effect at the time of collection
of the fees. In no event shall utilities be released until the fees are paid, except that electrical
Resolution No. 2018-294
service may be released at the discretion of the Building Official where necessary for security or
maintenance purposes. In such rare cases, no certificate of occupancy may be issued prior to
payment of development impact fees.
SECTION 3. Resolution No. 2010-267 is hereby repealed in its entirety along with any
language in any other resolutions of the Mayor and City Council which conflict with this
Resolution.
SECTION 4. The City Council finds this Resolution is not subject to the California
Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA
applies only to projects which have the potential for causing a significant effect on the
environment. Where it can be seen with certainty, as in this case, that there is no possibility that
the activity in question may have a significant effect on the environment, the activity is not
subject to CEQA.
SECTION 5. Severability. If any provision of this Resolution or the application thereof
to any person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications, and to this end the provisions of this Resolution are declared to be severable.
SECTION 6. Effective Date. This Resolution shall become effective immediately.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the City Clerk this 17th day of October 2018.
Attest:
George anna, CM , City Clerk
Approved as to form:
A &
Gary D. Saenz, City Attorney
Resolution No. 2018-294
CERTIFICATION
STATE OF CALIFORNIA)
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Georgeann Hanna, CMC, City Clerk, hereby certify that the attached is a true copy of
Resolution No. 2018-294 adopted at a regular meeting held at the 17th day of October 2018 by
the following vote:
Council Members:
AYES NAYS
MARQUEZ
BARRIOS
k
VALDIVIA
SHORETT
NICKEL
RICHARD
MULVIHILL
ABSTAIN ABSENT
WITNESS my hand and official seal of the City of San Bernardino this 17t` day of October
2018.
L�Al
Georgea Hanna, CM , City Clerk