HomeMy WebLinkAboutMC-690U
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12/1/89 1015
ORDINANCE NO. MC-690
URGENCY ORDINANCE OF THE CITY OF SAN
CALIFORNIA, LEVYING AN INFRASTRUCTURE
FEE FOR RIGHT-OF-WAY IMPROVEMENTS
IMPROVEMENTS IN THE VERDEMONT AREA
BERNARDINO,
DEVELOPMENT
AND PUBLIC
NOW, THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO, CALIFORNIA, ORDAIN AS FOLLOWS:
Section 1.
Findinqs 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 and related infrastructure 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") wi thin the Verdemont Area of the City in order to
maintain current levels of service if new development is to be
accommodated without decreasing current levels of service;
(b) It is in the interests of the present landowners
within the Verdemont Area and the residents, both within the
Verdemont Area and within the City generally, that the City causes
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the acquisition, construction and installation of the Right-of-Way
Improvements and the Public Improvements within the Verdemont Area;
(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;
(e) Revenues generated from the levy of the Infrastructure
Fees will be used to facilitate the acquisition, construction and
installation 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 authorized by this Urgency
Ordinance shall be calculated pursuant to a resolution duly adopted
by the Mayor and the Common Council simultaneously herewith (the
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,
"Resolution"). The Infrastructure Fees established by this Urgency
Ordinance and as calculated pursuant to the Resolution 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;
(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/or the voluntary prepayment of such fees as
provided in Section 6 of this Urgency Ordinance 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 acquisition, construction and installation of the Public
Improvements as defined in Section 3 hereof; provided, however, that
if such excess revenues are not generated, then the Infrastructure
Fees established by this Urgency Ordinance and as calculated
pursuant to the Resolution may be increased in accordance with said
Resolution in order to cause the funding of the acquisition,
construction and installation and the Public Improvements;
(h) That certain engineers report entitled "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
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analysis for the determination of the impact of development on the
need for, and costs of, acquisition, construction and installation
of the Right-of-Way Improvements and the Public Improvements in the
Verdemont Area;
(i) This Urgency Ordinance 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 Urgency Ordinance 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;
(k) The City is currently taking measures to cause an
amendment to the San Bernardino Municipal Code in order to provide
for the establishment of a permanent infrastructure fee to cover the
costs of providing the Right-of-Way Improvements and the Public
Improvements which amendment will not be effective until
approximately March, 1990;
(1) In order to protect the City's health, safety and
welfare, it is imperative that revenues be collected prior to the
effective date of the amendment to the San Bernardino Municipal Code
in order to secure immediate financing for the provision of the
Right-of-Way Improvements and the Public Improvements; and
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(m) The City has the authority to enact this Urgency
Ordinance pursuant to Section 65962(c) of the California Government
Code and Section 121 of the City Charter.
Section 2.
Rules of Construction
(a) The provisions of this Urgency Ordinance 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 Urgency Ordinance, unless otherwise stated in this Urgency
Ordinance, the following rules of construction shall apply to the
text of this Urgency Ordinance:
1. In the case of any difference of meaning or
implication between the text of this Urgency Ordinance and any
caption, illustration or summary table, the text shall control.
2. The word "shall" is always mandatory and not
discretionary; the word "may" is permissive.
3. Words used in the present tense shall include the
future tense; and words used in the singular number shall
include the plural, and the plural the singular unless the
context clearly indicates to the contrary.
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4. The word "person" includes an
corporation, a partnership, an unincorporated
any other similar entity.
individual,
association,
a
or
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.
Section 3.
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 Common 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
portions north of Kendall Drive and southeasterly of pine as shown
in the Engineer's Report, 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.
(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.
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(c) A "Fee Payer" shall mean a person commencing a land
development activity which generates traffic, necessitates 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.
(d) "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
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
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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 Road
Palm to City Limits (Devore)
Cable Canyon Road
Meyers Road to Frontage Road (new roadway)
(e) "Public Improvements" shall mean the acquisition,
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
value designation for residentially zoned property whereby one (1)
Equivalent Dwelling Unit is equivalent to a residential unit whether
such residential unit be a single family attached or detached unit,
or a multi-family unit within 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.
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Section 4.
Persons Subiect to Infrastructure Fee
Any person who seeks to develop land wi thin the 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 as
established by this Urgency Ordinance and as calculated pursuant to
the Resolution.
Section 5.
Infrastructure Fee
The Infrastructure Fee for any given parcel of property
shall be determined by ascertaining the land use 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
set by the Resolution adopted by the Mayor and Common Council
simultaneously herewith and may be subject to increase pursuant to
the terms of any subsequent resolutions as more fully described in
the Resolution.
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
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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.
(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.
(b) In the case of change of use, rehabilitation,
expansion or modification of an existing use which requires the
issuance of a bui Iding permit or permi t 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.
Section 6.
Voluntary Prepayment
At the option of the Fee Payer, the dollar amount of the
Infrastructure Fee established pursuant to this Urgency Ordinance
and the Resolution for the acquisition, construction and
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installation of the Right-of-Way Improvements may be vOluntarily
prepaid immediately upon the first adoption of this Urgency
Ordinance and for a period of thirty (30) days thereafter, excluding
any extensions of the effect of this Urgency Ordinance. As an
alternative, any Fee Payer or developer may either (i) receive as a
credit towards the Infrastructure Fee all or a portion of the costs
of the Right-of-Way Improvements that may be or may have been
acquired, constructed or installed by such Fee Payer or Developer or
(ii) vOluntarily prepay only a portion of the initial Infrastructure
Fee subject to his commitment to pay the remaining portion all as
more fully set forth in the Resolution. In the event a Fee Payer
pays the Infrastructure Fee during such initial thirty (30) day
period, or prepays a portion thereof as provided in the Resolution,
the Fee Payer shall only be required to pay the amount of the
Infrastructure Fee established in this Urgency Ordinance for the
Right-of-Way Improvements and as calculated in the Resolution 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 voluntary prepayment of the initial Infrastructure Fee
or any subsequent payment of the Infrastructure Fee in such dollar
amount as may be established by a subsequent 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
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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; provided, however, that to the extent any revenues
generated in connection with a Fee Payer' s voluntary prepayment or
payment 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 wi 11 be credi ted 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.
Section 7.
Time of Pavment
(a) Except as otherwise provided in Section 6 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 Urgency Ordinance and the Resolution
and as may be adjusted pursuant to any subsequent resolutions of the
City 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,
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shall pay to the City the then applicable Infrastructure Fee, as
initially established pursuant to this Urgency Ordinance and the
Resolution and as may be adjusted pursuant to any subsequent
resolutions of the City, 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 applicant and such applicant shall be required to
submit a complete and acceptable application, and, at the time of
such submission, shall pay any then applicable Infrastructure Fees.
Notwithstanding any provision herein to the contrary, the City, by
official action of the Mayor and Common 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 will be collected from the subdivider
for public improvements or facilities for which an account has been
established and funds have been appropriated, and for which the City
has adopted a proposed construction schedule or plan, or (b) the
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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 Urgency Ordinance.
Section 8.
Establishment of Infrastructure 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 9
of this Urgency Ordinance.
Section 9.
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.
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(b) No funds collected pursuant to this Urgency Ordinance
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.
Section 10.
Refunds
(a) Any funds not expended or encumbered by the end of the
calendar quarter immediately following six (6) 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 Finance Officer within one hundred eighty (180)
days of the expiration of the six (6) year period.
Section 11.
Penalties
A violation of this Urgency Ordinance 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 Urgency Ordinance.
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Section 12.
Severability
If any Section, phrase, sentence or portion of this Urgency
Ordinance is for any reason held invalid or 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.
Section 13.
Other Fees
Notwi thstanding the payment of Infrastructure Fees as set
forth in this Urgency Ordinance, any developer or Fee Payer shall be
responsible for the payment of any 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 Improvements to be funded by the
Infrastructure Fees as established by this Urgency Ordinance 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 Urgency Ordinance in the initial dollar amount (ii) pay any
other on or off-site improvement fees, assessments or special taxes
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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 and installation of the 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 benefit 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.
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Section 14.
The provisions of this Urgency Ordinance
shall be effective inunediately.
The City Clerk shall transmit a
copy of this Urgency Ordinance to for publication as required by law
and in accordance with established City procedures.
I HEREBY CERTIFY that the foregoing Urgency Ordinance was
duly adopted by the Mayor and Conunon Council of the City of
San Bernardino at a
regular
meeting thereof,
held on the 4th
day of
December , 1989, by the following vote,
to wit:
AYES:
Council Members Estrada, Reilly, Maudsley, Minor
Pope-Ludlam, Miller
NAYS:
Counil Member Flores
ABSENT:
None
~;?;?/z~1//
c1 ty Clerk
The
foregoing Urgency
/) (l A F /77/<< /l
Ordinance is
hereby
approved
this
?ll
day of
, 1989.
of
Approved as to form and legal content:
JAMES F. PENMAN
City Attorney
1 /
By: ~-" 1./c?/V'~
o
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Il:ltGINB1!:R'S REPOaT
D!VBLOPMENT IMPACT FEIS
VlRDEMONT AREA
November 17, 1989
Prepared by
Department of Public Work.
City of San Bernardino
MC-690
POllPOS&
SII00099-4/32581/dc
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It h.. !:leeD determined that the Verdemont ar.. o~ the City o~ San
Bernardino (the .City.) requires the construction Ind installation
of certain riqht-o~-way and related infrastructure improvements (the
"Riqht-o~-Way Improvements.) and certain other pUblic improvement.
(the .Public Improvements.) prior to the occurrence o~ addit::l.onal
bUildinq activity within the Verdemont area. The provision o~ the
Riqht-o~-way Improvements and the Publia Improvements, which are
more fully describ.d heninafter, 11 necesllry to ensure orderly
dev.lopment of the Verd.mont area and to provide adequlte traffic
flow capacity and other required pUbUc hcilities. The ezhtin;
PUblic infrastructure, II well II the ezhtinq traffic syst.m, Ire
alreldy b.inq nUed upon at or beyond their maximum caplcity and
any n.w dev.lopment in the Verd.mont area, without the provilion of
adeqult. pUblic flciliti.s, may caus. serious adverse impact. to the
health, safety and welfare of the community.
In order to hcilitate f1..tun development without adversely
afEecUnq the health, safety and welfare of the community, it: hu
be.n det.rmin.d that "d.velopment impact f.... should b. establish.d
and l.vied in orCler to qeneute nece..ary fundinq to finance the
costs of the Rioht-of-Way Improvements and the Public Improvements
required in the Verdemont Area in advlnce of construction of
additional dwellinq units or any other
typel of private
development.
Throuqh the levy of dev.lopment impact fees the
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development community ensure. the con.truction of a oric! .y.tem of
roadl, Itreet lights, .idewllkl, water main., .torm drain., .ew.r
fICiliti.., tire flcilitie., park tacilitiel and oth.r r.quirec!
pUblic faciliti.l. The payment of the impact f... by dev.lop.r. or
landowner. will not relieve developers or landown.rs from the
responsibility of paying any installation te.s, .ewer connection
fee., water acquisition charges or other feel or char;el l.vied by
the City and all other pUblic bodiel in conn.ction with the
development ot property in the Verdemont area. Develop.r. will
.till b. re'ponlible tc pay any ......m.nt di.trict char;e. or
l.vie. for the co.t. of public improvem.nt. conditioned for a
.P.cifie d.v.lopment which Ire not otherwise funded trcm revenue.
l7en.rat.d throuqh the collection ot the impact fe... The impact
h.. are for the d'si;nat.d improvements to .complet:e. the balie
intrastructure, not to prOvide .ready to develOp. lot..
LOCATION
The Verdemont: area il ba.ieally the area defined in the City Gener.l
Plan II .Verd.mont" SUbject to lome ezceptionl. Lying in the
northwest part of the City it il bounded on the louth oy a
combination of Kendall Drive Ind the I-aIS Freeway, on the ea.t by
the Devil Cr..1t Spreading Ground. Ind on the north Ind we.t by the
Ci ty limi ta .
The Irea il primarily residential in nature with limited amounts of
commercial and industrial llnd. By Council direction, the area
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south of Xendall Drive and all area. south of the I-215 lreeway ha.
been eliminated from consideration for the levy of imp.ct fee..
M.pa .howin._ the are. .re contained in Council action. and support
e!ah.
PROPOSED IMPROVIMJINTS
The proposed improvements whiCh are the subject of the impact fee
levy inclue!e the con.truction ane! in.tallation of full width streets
(conforminq with the aeneral Plan) with sidew.lks, curbs and
qutten, pavinq, street 11ghts, water main. and ....r mains in the
.zisting grid pattern of dedicated rights-of-way.
The.e public
improvement. are d..ignated as the "Right-of-Way Improvements-.
There are some area. where the City does not pre.ently have
dedicahd right.-of-way for the necenuy Right-Of-Way Improvement.
but th..e are limited.
Following i. a li.t of the propo.ed
locations for the Right-ot-Way Improvement.:
Walnut Avenue
Irvington to aelmont
Belmont to Ohio (portions)
Olive Avenue
Verdemont AvenUe to Ohio
Ohio to Belmont (portion.)
aelmont to Irvington
Magnolia Avenue
Verdemont Avenue to Little League Drive
Little Leaque Drive
Irvington to Verdemont
Meyeu Road
Littl. Leagu. Drive to New Section
New Section to Cable Canyon
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MC-690
Irvington
Pine to Olive (portion.)
Olive to Magnolia
l.llllOnt AV.DU.
Pin. to Oliva (limited portionl)
Oliva to PIlm (portionl)
Palm to jUlt palt Little Le,gue Drive
Ohio Avenue
pine to p.lm (portiona)
P.lm to welt of Little League Drive
Verdemont Avenue
Little L.ague Drive to Palm Avenue
Palm to Pine (portiona)
Frontage Road
Palm to City Limit. (Devore)
Cable Canyon Road
Meyera Road to Frontage Road (new roadway)
Estimated total footage of ri;htl-of-way il 68,000 linear fe.t.
All roadways calculationl are baaed upon a minimum of ~O feet
between curb. with ezisting water lines and sewer linel being
subtracted from the totals.
There will, of necessity, be
adjultments in the COlt. to account for grades, natural obltructionl
and for public improvements in.talled prior to the adoption of the
impact fee program.
COSTS
COltl for the Right-of-Way Improvement. have been estimated in the
following manner. la.ed on the work effort of the aeneral Plan and
engineering uperience, a base value of $55 per foot per lane has
been established for the construction cost of rOadwayl includinq
clearing and qrubbing, grading, curb and gutter, sidewalk, pavement,
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.treet light. and minor drainage device..
with reapect to the water
ay.tem nee4a- rehted to the righta-of-way, the trunk diatribuUon
main. hav.. been calculated to be $40.00 per foot, while the
trln.mi..ioD mlin. are eatim.tad to b. $60.00 per foot. Se.er. have
been eatimated at $50.00 per foot, including manhol.., bedding and
all nece.aary con.truction item.. It is recogni.ed that aome of tha
.traet. will need to have ezistin; improvement I removed and
reconstructed in order to meet the e.tablished gradea and provide
adaquat. coverlg. for underground facilitie..
Uling the.e balic auumption. the following is a COlt estimate for
the propo..d Right-of-wlY Improvamentsl
1. 68,000 lin. ft of rOld.
. '220/ft (40 ft. wid.)
2. Wlt.r - Distribution
28,100 lin. ft. . $40
3. Water - Transmission
43,500 lin. ft. . $60
$14,969,000.00
1,124,000.00
2,610,000.00
4. Sawau
47,600 lin. ft. . $50
Subtotal
2,380,000.00
$21,074,000.00
. 926,000.00
$22,000,000.00
5. oe.ign +/-5\
Subtotal
6. Revenue to City for Plan Check
Con.truction Inlpaction and
Permit.
TOTAL
$ 842,960.00
$22,842,950.00
Certain supplemental pUblic facilities are also required for the
Verdemont area. These pUblic facilitiel include park facilities,
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fir_ station facilities, draina;_ facilities and landlcaping and for
tne purpos.. hereof, such public facilities are del1gnated aa the
"PUb11c ImpEovements."
The est1mated costs of the PUblic
Improvement. .re .1 follows:
PuhliC! Im'Drovement co.t.
1. r1re Station S 1,000,000.00
2. Landscaping
680,000 sq. ft. . $3.00 2,040,000.00
3. Park racili ties 900,000.00
4. Drainage racilities 10,000,000.00
r..andscapin; 11 estimated at 50\ of the propoled foota;e of streets
wi th 10 feet provided on each lide of the street. The proposed
roadway system accounts for 1e.. than 50\ of the total roadway
system required in the area 10 overall. the landscaping only
accounts for 25\ of the total area needs.
The draina;e COlts
represent only a portion of the drainage requirement. identified in
the muter plan for Itorm drains in the Verdemont aua .. it 11
auumed that the City will make efforts to fund a major portion of
the unfunded total reqUired for drainage improvement. from other
revenue sources. Said amountl are e.timated at $18 million.
with respect to both the Right-Of-Way Improvements and the PUblic
Improvements, amounts have been included in the eltimated co.ts for
the plan check procels, the inlpection procell and permit fees which
the city would normally collect.
If the Verdemont area were to
develop under normal circumstanc.s, plans would be submitted by
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w't:.._ :.:.
6~ .0' j4 ....~......,.~: .::;__~_-.. .=-__
:;. ....,-',-'-'
developers for the required improvements and the City would collect
I te. tor the plan check procell a. well al tor providing inlpection
lervioe.. While the City will check it. own work, the eeewill be
nece..ary to cover the COlt. oe contract administration during the
con.truction of the propoled Right-of-Way Improvementl and the
Publio Improvements. An ...umption hll been maeSe that the plan
cheok te.. will be equIl to the contract adminiltration feel. Under
normal oon4itionl, the City billl directly to any given project for
actuIl amount of contract adminiltration COlts rather than making an
estimate at the propoled CO.tl.
The levy ot impact tees il enentially to occur in two phllel. In
the initial phale, the implct tee is to be e.tabli.hed on the bl.i.
ot conveying only the co.t. ot the Right-ot-Way Improvementl. To
the extent any exce.. revenuel are generated in connection with the
levy ot the initial impact fee, auch exce.. revenue. will be applied
to paying the cOltl of the Public Improvements. However, to the
extent luch exce.. revenue. are not realizeeS, the lecond pha,e will
occur whereby the impact fee will be increa,eeS in oreSer to cov.r the
eo.t. ot the untunded Public Improvementa.
The mechani.m. a. to the payment of the impact fe.. are more
IPecifically let forth in the ordinance to be adopted by the City
which eltablilhe' the impact fee.
At the pre.ent time, costs have bean estimated for specifiC iteml of
work that have been eSee.meeS necenuy for orderly growth of the
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.:::: ~ .'::::>'.;l4 .....,...,......K ...'::._0t:.:......-i~ '::::::_-' :l< ....<:;c:..
",,_"QO
Vel'demont ar.a. It h ant:l.c:l.pated that the IPec:l.e:\.c pub1:l.c
improvements d~'cl':l.b.d here:l.n will need to be conltrUcted in phale.
due to th.. .hee~ Ihe ot the propoa.d publ:l.c impl'ovemenl: and
tinancin; plan, Under the pre.ent plan, con.truetion of the
improvement. wUl begin at the e..tuly porUon of the Verdemont
area and proceed in I lo;ieal pro;ression to the welt. This proqram
may eau.e lome delay :l.n development. that leap frog the bade area
but .uch a .tnteqy is nevel'thele.1 nece.sary for orderly
development of the enUn Vudemont ar... The Mayor and Common
Council may from time to time modify the eoncept of pha.e
development and provide direet:l.on to City Staff to implement a
different approaeh or Iffh: different prioritieS for the .y.tematic
development of the ar... Precise Icheduling w:l.ll not be available
until approval of the impact fee program and aSluranee that
luffieient revenue. will be available to cause the .uccessful
implementation of the program.
IXPIRDITURI OF FUNDS
City Stiff will aet forth the phasing of the eonstruetion Ind
installation of the Right-of-Way Improvements and the Public
Improvements, the estimated time frames for eompletion of de.i;n of
luch improvements and estimated conatruction timing for such
improvements.
----.-
The City Treasurer will invelt any funds reeeived through the levy
'"fee. in aecordance w:l.th accepted C1t:y pOlicy and disburse
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fun~1 for the ~esign an~ conltruction at the appropriate time.
Intere.~ moneye collected from the levy of the init1l1 impact fee
will remai~ in the account to fund the Public Improvements a.
eSe.cribe4 herein.
An ordinance will be adopteeS to implement this program a. well a. a
companion resolution to adjult impact fee. u n.c....ry to ensure
fun~ing. lJling the present COlt. aneS number of units to be built,
th. firet eltimated eOlt of the initial impact fee which will eover
the COIU of the Right-Of-Way Improvements 11 .7/368.n per lingle
family unit or equivalent dw.lling unit.
ALLOCATIOR OF COST OR A PIR ONIT BASIS
It 18 currently sugg.sted that the COlts for the improvement I be
divid.cS equally among all remaining developable unitl. Using the
eurrent General Plan as a lource document, aneS making sllowance for
the commercial/indultrial areas at equivalent denlities, an
e.timateeS 3/100 singl. family units eould be developed in the
d.signated Verdemont area. lJsing the baa. costs for only the
Right-ot-Way Improvementl/ al let forth on the foregoing table, the
total cOltl equal .22,842,960.00. For the firat y.ar/ the impact
fe. for a single family unit, or its equivalent, is .stimateeS to be
.7,368.n.
In the analysis of the eOlt sharing, it has been determined that a
COlt per dwelling unit h the most reuonable balil for allocation
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,
.
Of the co.t.. Lot size is .ffected not only by the aen.ral Plan
r.quirement. but by the physical constraints o~ the land in
qu..tion, ~ .ome .r.... it may not be possibla to ;et d.nsiti.. o~
1 unit p.r 10 acr.. and allocation o~ co.t on the basi. o~ l.nd ar.a
would not seem equitable. AccorrHnqly. the impact fees should be
calculated bued upon an Equivalent Owel11n; Unit buil. Such II
desi;nation is set forth in th. ordinance establ1shin; the impact
fee.
It can be .apacted that there will be additional minor con.truction
needed durin; the installation o~ the re~erenced Ri;ht-of-Way
Improvements and the Public Improvements that will aHect co.t..
Permits, special construction requirement., acquisition o~
ri;ht.-of-way and in~lation are all eapected to "adjust" the
estimated costs. ConsieSerin; these items, provi.ion. have been made
in the applicable ordinance and resolutions for the increase in
impact fee..
CONCLUSION
The City hu considered the opt:1ons available to it to fund the
Riqht-o~-W.y Improvem.nts and th. Public Improv.m.nts d.emed
necenary in the Verdemont area o~ the community. The costs have
been estimated and the preferred fundinq method is the establishment
of a development impact fee proqram. A qrid pattern has been
established and improvements identified as the priority items to be
constructed in the Verdemont area. Ordinanc.. and Resolution. are
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MC-690~
. .
~ein; prep.reeS aneS au~mi tteeS to th. Mayor aneS Common Council that
.et forth the fe.., eoneSi tion. and neeeS for the propo.ecS
improyetMnt:....
SBIOOOgg-4/32588
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