Loading...
HomeMy WebLinkAbout09-Development Services -. CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: Michael E. Hays, Director Dept: Development Services Subject: Adoption of a regular and an urgency ordinance amending Sections 13.08.055, 15.73.065, and 19.30.320, and adding Sections 3.26.030(D) and 3.38.040(D) to the San Bernardino Municipal Code relating to the deferral of certain development fees. ~(Q)[P)W Date: March 31, 1999 MCC Date: April 5, 1999 Synopsis of Previous Council Action: On March 20, 1996 the Mayor and Common Council approved Ordinance No. MC-961 relating to the deferral of certain development fees. Ordinance No. MC-961 expired on April 1, 1997. On December 15, 1997 the original provisions were readopted as Ordinance MC-lOll, and subsequently expired on January 19, 1999. Recommended Motion: That the Mayor and Common Council waive further reading and adopt the urgency ordinance, and layover for final adoption the regular Ordinance of the City of San Bernardino amending Sections 13.08.055, 15.73.065, and 19.30.320, and adding Sections 3.26.030(D) and 3.38.040(D) to the San Bernardino Municipal Code relating to the deferral of certain development fees. 1:QP1~ Michael . Hays Contact person: Michael E. Hays Phone: 384-5357 Supporting data attached: Staff Report and Ordinance Ward(s): N/A FUNDING REQUIREMENTS: Amount: N/ A Source: (Acct. No.) N/A (Acct. Description) Finance: Council Notes: / 1ZuJ; 'clt.~b1. .? tJ'IA~"hq. , / ./ IJ-;:ze; Agenda Item ~9 eFf!?), CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT Subiect: Adoption of a regular and an urgency ordinance amending Sections 13.08.055, 15.73.065, and 19.30.320, and adding Sections 3.26.030(D) and 3.38.040(D) to the San Bernardino Municipal Code relating to the deferral of certain development fees. Recommendation: That the Mayor and Common Council waive further reading and adopt the urgency Ordinance, and layover for final adoption the regular Ordinance. Back2round: On March 18, 1996 the Mayor and Common Council adopted Ordinance MC-961 for the deferral of certain development fees. This ordinance expired on April 1, 1997. The same provisions were readopted as Ordinance MC-1011 on December 15, 1997, and subsequently expired on January 19, 1999. Implementation of this ordinance has been successful and the demand for the deferment of fees from builders has not diminished. In this latest version of this ordinance the sunset date has been eliminated and an exception has been added regarding the release of utilities for maintenance or security purposes. The fees recommended for deferral are: -Sewer Line Connection Fee - SBMC 13.08.050 -Storm Water Drainage Fee - SBMC 3.38.040 -Traffic Systems Fee - SBMC 3.26.030 -Verdemont Infrastructure Fee - SBMC 15.73.050 -Park Development Fee - Development Code Section 19.30.320 Resolution 96-79 which adopted an Administrative Fee for the program is still in force and effect. A fee of $81 per lot or parcel is collected at the time of payment of the deferred fees to offset administrative costs. The City Attorney has recommended that the Council consider adoption of this item as both an urgency ordinance and a regular ordinance. Findin2s of Ur2encv: Several Developers have requested the extension of this fee deferral program. Due to the expiration of the prior ordinance, several developments are currently being delayed from starting subsequant phases pending readoption of this ordinance. Such delays may result in financial hardships for the developments, a lower level of construction activity in the community, and adverse impacts to the local economy. Based on this interest, the appropriate ordinances are being proposed for your consideration By eliminating the expiration date of this ordinance and continueing to offer fee deferrals, we hope to continue to spur housing growth and thereby the local economy. Financial Impact: There is no significant [mancial impact to the City. ~(Q)~W 1 ORDINANCE NO. 2 AN URGENCY ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTIONS 13.08.055..t.15.73.065 AND 19.30.320 AND ADDING SECTIONS 3.26.030(0) 3 AND 3.38.040(0) Tv THE SAN BERNARDINO MUNICIPAL CODE RELATING TO DEFERRAL O~ CERTAIN DEVELOPMENT FEES 4 5 THE MAYOR AND COMMON COUNCil OF THE CITY OF SAN BERNARDINO DO 6 ORDAIN AS FOllOWS: 7 SECTION 1: Subsection 0 of Section 13 08.055 of the San Bernardino 8 Municipal Code relating to Sewer Connection Fees. is hereby amended to read as follows: "D. For the construction of new single-family homes, the fees imposed by Section 13.08.050 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, whicnever is less. The owner of the property must personally guarantee payment of the fees, sign documents authorizing the City to place a lien on the property in the amount of the fees, agree to place the payment of the fees in any escrow for the sale of the property, authorize the City to demand payment in any such escrow, and pay an administrative fee set by resolution of the Mayor and Common Council The amount of the 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 Raid. except that electrical service may be released at the discretion of the building official where necessary for security or maintenance purposes" SECTION 2 Section 15.73065 of the San Bernardino Municipal Code relating to 9 10 11 12 13 14 15 16 17 18 the Verdemont Infrastructure Fee. is hereby amended to read as follows 19 "15 73 065 Deferral 20 21 22 23 24 25 26 27 For the construction of new single-family homes. the fees imposed by Section 15.73 060 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. the owner of the property must !)ersonally guarantee payment of the fees, sign documents authorizing the City to place a lien on the property in the amount of the fees, agree to place the payment of the fees in any escrow for the sale of the property, authorize the City to demand payment In any such escrow, and pay an administrative fee set by resolution of the Mayor and Common CounciL The amount of the 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 service may be released at the discretion of the building official where necessary for security or maintenance purposes." SECTION 3: Subdivision C of Subsection 4 of Section 19.30.320 of the San 28 Bernardino Municipal Code (Development Code) relating to Park and Recreation HE/ea[FeesUrg.Ord] 1 AN URGENCY ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTIONS 13.08.055.J. 15.73.065 AND 19.30.320 AND ADDING SECTIONS 3.26.030(D) 2 AND 3.38.040(D) Tv THE SAN BERNARDINO MUNICIPAL CODE RELATING 10 DEFERRAL O~ CERTAIN DEVELOPMENT FEES 3 4 5 6 Construction Fees, is hereby amended to read as follows: "C. For the construction of new single-family homes, the fee imposed by this Section 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, whicflever is less. The owner of the property must personally guarantee payment of the fee, sign documents authorizing the City to place a lien on the property in the amount of the fee, agree to place the payment of the fee in any escrow for the sale of tfle property, authorize the City to demand payment in any such escrow, and pay an administrative fee set by resolution of the Mayor and Common Council. The amount of the fee due shall be the amount in effect at the time of collection of the fee. In no event shall utilities be released until the fees are paid, except that electrical service may be released at the discretion of the building official where necessary for security or maintenance purposes. " SECTION 4: Subsection 0 is hereby added to Section 3.26.030 of the San Bernardino Municipal Code relating to Traffic Systems Fees. to read as follows 7 8 9 10 11 12 13 14 For the construction of new single-family homes, the fees imposed by this Section 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, whicflever is less The owner of the property must personally guarantee payment of the fees. sign documents authorizing the City to place a lien on the property in the amount of the fees, agree to place the payment of the fees in any escrow for the sale of the property, authorize the City to demand payment in any such escrow, and pay an administrative fee set by resolution of the Mayor and Common Council. The amount of the 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 service may be released at the discretion of the building official where necessary for security or maintenance purposes." SECTION 5 Subsection 0 is hereby added to Section 3.38.040 of the San "D. 15 16 17 18 19 20 21 22 23 24 25 26 27 Bernardino Municipal Code relating to Drainage Fees, to read as follows: "D. For the construction of new single-family homes, the fees imposed by this Section 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, whicflever is less. The owner of the property must personally guarantee payment of the fees, sign documents authorizing the City to place a lien on the property in the amount of the fees, agree to place the payment of the fees in any escrow for the sale of fhe property, authorize the City to demand payment in any such escrow, and pay an administrative fee set by 28 2 HE/ea[FeesUrg.Ord] 1 AN URGENCY ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTIONS 13.08.05~ 15.73.065 AND 19.30.320 AND ADDING SECTIONS 3.26.030(0) 2 AND 3.38.040(0) Tu THE SAN BERNARDINO MUNICIPAL CODE RELATING TO DEFERRAL OF CERTAIN DEVELOPMENT FEES 3 4 5 6 7 resolution of the Mayor and Common Council. The amount of the 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 Raid, except that electrical service may be released at the discretion of the building official where necessary for security or maintenance purposes. " SECTION 6. Statement of Urgency This ordinance is required for the immediate preservation of the public peace, 8 9 health, or safety. Due to the expiration of the prior ordinances, several developments are 10 currently being delayed from starting construction pending adoption of this ordinance. 11 Such delays will result in financial hardships for the developments, a lower level of 12 construction activity in the community, lost employment opportunities, and adverse impacts 13 to the local economy. This urgency ordinance shall become effective upon adoption by 14 a two-thirds (2/3) vote of the Council and approval by the Mayor. 15 III 16 III 17 III 18 III 19 III 20 III 21 III 22 III 23 III 24 III 25 III 26 III 27 III 28 III 3 HE/ea[FeesUrg.Ord] 1 AN URGENCY ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTIONS 13.08.05~ 15.73.065 AND 19.30.320 AND ADDING SECTIONS 3.26.030(D) 2 AND 3.38.040(D) Tu THE SAN BERNARDINO MUNICIPAL CODE RELATING TO DEFERRAL OF CERTAIN DEVELOPMENT FEES 3 I HEREBY CERTIFY that the foregoing Urgency Ordinance was duly adopted by 4 the Mayor and Common Council of the City of San Bernardino at a meeting 5 thereof, held on the _ day of , 1999, by the following vote, to wit: 6 Council Members: 7 ESTRADA 8 LIEN 9 MCGINNIS 10 SCHNETZ 11 DEVLIN 12 ANDERSON 13 MILLER 14 15 16 AYES NAYS ABSTAIN ABSENT 17 City Clerk The foregoing Ordinance is hereby approved this _ day of .1999. 18 19 Judith Valles, Mayor City of San Bernardino Approved as to form 20 and legal content: 21 JAMES F. PENMAN, City Attorney .., 22 By ~?Ivc~ !:' /} 23 24 25 26 27 28 4 HE/ea[FeesUrgOrd] 1 ORDINANCE NO. 2 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTIONS 13.08.055, 15.73.065 AND 19.30.320 AND ADDING SECTIONS 3.26.030(0) AND 3 3.38.040(0) TO THE SAN BERNARDINO MUNICIPAL CODE RELATING TO DEFERRAL OF CERTAIN DEVELOPMENT FEES 4 5 THE MAYOR AND COMMON COUNCil OF THE CITY OF SAN BERNARDINO DO 6 ORDAIN AS FOllOWS: 7 SECTION 1 Subsection D of Section 13.08.055 of the San Bernardino 8 Municipal Code relating to Sewer Connection Fees, is hereby amended to read as follows: 9 10 "D. For the construction of new single-family homes, the fees imposed by Section 13.08.050 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, whicnever is less. The owner of the property must personally guarantee payment of the fees. sign documents authorizing the City to place a lien on the property in the amount of the fees, agree to place the payment of the fees in any escrow for the sale of the property, authorize the City to demand payment in any such escrow, and pay an administrative fee set by resolution of the Mayor and Common Council. The amount of the 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 service may be released at the discretion of the building official where necessary for security or maintenance purposes. " 11 12 13 14 15 16 17 SECTION 2: Section 15.73.065 of the San Bernardino Municipal Code relating to 18 the Verdemont Infrastructure Fee, is hereby amended to read as follows 19 "15.73.065 Deferral 20 21 22 23 For the construction of new single-family homes, the fees imposed by Section 15.73.060 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. the owner of the property must personally guarantee payment of the fees, sign documents authorizing the City to place a lien on the property in the amount of the fees. agree to place the pa~ment of the fees in any escrow for the sale of the property, authorize the City to demand payment In any such escrow, and pay an administrative fee set by resolution of the Mayor and Common CounciL The amount of the 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 service may be released at the discretion of the building official where necessary for security or maintenance purposes." SECTION 3: Subdivision C of Subsection 4 of Section 19.30.320 of the San 24 25 26 27 28 Bernardino Municipal Code (Development Code) relating to Park and Recreation HE/ea[FeesOrd] 1 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTIONS 13.08.055, 15.73.065 AND 19.30.320 AND ADDING SECTIONS 3.26.030(0) AND 2 3.38.040(0) TO THE SAN BERNARDINO MUNICIPAL CODE RELATING TO DET=ERRAL OF CERtAIN DEVELOPMENT FEES 3 4 5 Construction Fees, is hereby amended to read as follows: "C. For the construction of new single-family homes, the fee imposed by this Section may be deferred at the request of the owner of the property until the release of utilities is issued or eighteen (18) months from tlie issuance of the Building Permit, whicnever is less. The owner of the property must personally guarantee payment of the fee, sign documents autliorizing the City to place a lien on the property in the amount of the fee. agree to place the payment of the fee in any escrow for the sale of tne property, authorize the City to demand payment in any such escrow, and pay an administrative fee set by resolution of the Mayor and Common Council. The amount of the fee due shall be the amount in effect at the time of collection of the fee. In no event shall utilities be released until the fees are paid, except that electrical service may be released at the discretion of the building official where necessary for security or maintenance purposes" SECTION 4 Subsection D is hereby added to Section 3.26.030 of the San Bernardino Municipal Code relating to Traffic Systems Fees, to read as follows 6 7 8 9 10 11 12 13 14 For the construction of new single-family homes. the fees imposed by this Section may be deferred at the request of the owner of the property until the release of utilities is issued or eighteen (18) months from Hie issuance of the Building Permit, whicflever is less. The owner of the property must personally guarantee payment of the fees. sign documents autliorizing the City to place a lien on the property in the amount of the fees, agree to place the payment of the fees in any escrow for the sale of the property, authorize the City to demand payment in any such escrow, and pay an administrative fee set by resolution of the Mayor and Common Council. The amount of the 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 service may be released at the discretion of the building official where necessary for security or maintenance purposes." SECTION 5. Subsection D is hereby added to Section 3.38.040 of the San "D. 15 16 17 18 19 20 21 22 23 24 25 26 27 Bernardino Municipal Code relating to Drainage Fees. to read as follows "D. For the construction of new single-family homes, the fees imposed by this Section may be deferred at the request of the owner of the property until the release of utilities is issued or eighteen (18) months from tlie issuance of the Building Permit, whicflever is less. The owner of the property must personally guarantee payment of the fees, sign documents autliorizing the City to place a lien on the property in the amount of the fees, agree to place the payment of the fees in any escrow for the sale of the property, authorize the City to demand 28 2 HE/ea[Fees.Ord] 1 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTIONS 13.08.055, 15.73.065 AND 19.30.320 AND ADDING SECTIONS 3.26.030(0) AND 2 3.38.040(0) TO THE SAN BERNARDINO MUNICIPAL CODE RELATING TO DEFERRAL OF CERtAIN DEVELOPMENT FEES 3 4 payment in any such escrow, and pay an administrative fee set by resolution of the Mayor and Common Council. The amount of the 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 Raid, except that electrical service may be released at the discretion of the building official where necessary for security or maintenance purposes. .. I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor 5 6 7 8 9 and Common Council of the City of San Bernardino at a meeting thereof, held on 10 the _ day of 11 Council Members: , 1999, by the following vote, to wit: AYES NAYS ABSTAIN ABSENT 12 ESTRADA 13 LIEN 14 MCGINNIS 15 SCHNETZ 16 DEVLIN 17 ANDERSON 18 MILLER 19 20 21 22 23 City Clerk The foregoing Ordinance is hereby approved this _ day of .1999. Judith Valles, Mayor City of San Bernardino 24 25 Approved as to form and legal content: 26 JAMES F. PENMAN, 27 City Attorney 28 By: L 7~ V 3 HE/ea[Fees.Ord]