HomeMy WebLinkAboutMC-1222
Adopted: April 3. 2006
Effective: June 2. 2006
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ORDINANCE NO. MC-1222
ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER 3.27
TO THE SAN BERNARDINO MUNICIPAL CODE TO ESTABLISH DEVELOPMENT
IMPACT FEES, AND REPEALING CHAPTER 3.26 AND CHAPTER 19.30.320 OF
THE SAN BERNARDINO MUNICIPAL CODE.
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO DO ORDAIN AS FOLLOWS:
SECTION 1.
read as follows:
Chapter 3.27 is added to the San Bernardino Municipal Code to
"3.27.000
General Findings.
The Mayor and Common Council finds as follows:
(A) The provision of new and expanded facilities and infrastructure is necessary to protect
and promote the health, safety, and welfare of all the citizens of the City of San Bernardino by
reducing the adverse effects of urbanization and development.
(B) It is necessary to enact and implement certain development fees to assure that all
development within the City pays its fair share of the costs of providing necessary public
facilities and infrastructure to accommodate such new development.
(C) A proper funding source for the costs associated with new development is a specific
development or facilities fee for each type of facility related to the specific need created by the
development and reasonably related to the relative cost of providing such necessary public
facilities.
(D) The Development Impact Fee Calculation and Nexus Report justifies the imposition
of each development fee on new construction by analyzing the Master Facility Plan, as defined
herein, assigning the costs on a fair-share basis to the various types of development, and
assigning the resulting fee per dwelling unit and/or commercial/industrial square footage, based
on the anticipated burden of such new dwelling unit and/or commercial/industrial area on City
facilities and infrastructure and the need created by such dwelling unit and/or
commercial/industrial area for new and expanded facilities and infrastructure.
(E) The primary purpose of the fees is to mitigate the impact on City facilities and
infrastructure caused by increased demand for facilities and infrastructure from persons
generated by new development.
(F) The fees will be used to finance public facilities and infrastructure, specifically local
circulation system improvements (streets, traffic signals, and bridges); regional circulation
system improvements; law enforcement and fire protection facilities, vehicles, and equipment;
library facilities and collection; public meeting facilities; aquatics facilities; and parkland and
open space acquisition and development.
MC-1222
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ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER 3.27
TO THE SAN BERNARDINO MUNICIPAL CODE TO ESTABLISH DEVELOPMENT
IMP ACT FEES, AND REPEALING CHAPTER 3.26 AND CHAPTER 19.30.320 OF
THE SAN BERNARDINO MUNICIPAL CODE.
(G) The use of the fees to fund such public facilities and infrastructure is reasonably
related to the impacts of residential development and other development on the City as more
fully described in the Development Impact Fee Calculation and Nexus Report.
(H) The need for development fees to fund such public facilities is reasonably related to
impacts on the City of residential development and other development as more fully described
in the Development Impact Fee Calculation and Nexus Report.
(1) To assure fair and legally sound implementation of the development fees established in
this chapter, such fees shall be reviewed annually and the amounts of such fees shall be adopted
by resolution of the Mayor and Common Council at a public hearing.
(J) To assure fair implementation of the development fees established in this chapter, the
City must have the latitude to phase the imposition of certain fees.
(K) To assure fair implementation of the development fees established in this chapter, the
City must have the latitude to defer such fees in special cases, after notice and hearing, where
better or more fair financing arrangements would result from such deferral.
(L) To assure fair implementation of the development fees established by this chapter,
provisions must be made for extending such fees to subsequently annexed land that benefits
from the public facilities funded by these fees.
3.27.010 Purpose and applicability.
(A) The Mayor and Common Council declare the purpose of this chapter is to provide for
the means to finance adequate infrastructure and other public improvements and facilities made
necessary by the impacts created by new development in the City of San Bernardino in order to
promote the health, safety, and welfare of the citizens of San Bernardino. This chapter shall
apply solely to construction of new dwelling units, or new commercial or industrial square
footage within the city.
(B) The following are specifically exempt from the provisions of this chapter:
(1) Additions or improvements to dwelling units after construction is complete, unless
such additions or improvements (a) increase the number of dwelling units on the property, as
defined herein, and (b) are not secondary residential units, as defined herein.
(2) Government/public buildings, public schools, or other public facilities.
(3) The rehabilitation and/or reconstruction of any legal, residential structure and/or
the replacement of a previously existing dwelling unit.
(4) The rehabilitation and/or reconstruction of any commercial or industrial structure
where there is no net increase in square footage of the structure. Any increase in square
footage of the structure shall pay the current applicable development impact fees for such
mcrease.
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ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER 3.27
TO THE SAN BERNARDINO MUNICIPAL CODE TO ESTABLISH DEVELOPMENT
IMPACT FEES, AND REPEALING CHAPTER 3.26 AND CHAPTER 19.30.320 OF
THE SAN BERNARDINO MUNICIPAL CODE.
(5) Development projects that are the subject ofa Development Agreement entered
into pursuant to Government Code Section 65864 et seq., prior to the initial effective date of
this chapter, wherein the imposition of new fees is expressly prohibited; provided, however,
that if the term of such Development Agreement is extended after the initial effective date of
this chapter, the development impact fees shall be imposed.
3.27.020
Definitions.
(A) "Affected territory" means the corporate boundaries of the City of San Bernardino
as these may be amended from time to time.
(B) "Commercialfretailfoffice or industrialfmanufacturing development project"
means the construction of new or additional gross square footage of building area for
commercial, retail office, industrial or manufacturing purposes.
(C) "Development impact report" is the "Development Impact Fee Calculation and
Nexus Report" together with the addenda thereto and any subsequent modifications and/or
updates, all of which are on file in the City Clerk's Office. The original version of the
document, dated January 2006, was prepared by Revenue & Cost Specialists, LLC and
summarizes the needed facilities mentioned herein, their estimated costs and sets forth the
required nexus findings.
(D) "Dwelling unit" means a building or portion thereof designed exclusively for
residential occupancy by one family for living and sleeping purposes, including single-family
dwellings, multiple-family dwellings, and manufactured housing.
(E) "Effective date" means the date that the fees in this chapter are eligible for collection,
that date being 60 days after the adoption of this chapter.
(F) The "Master Facility Plan" together with and subsequent modifications and/or
updates, all of which are on file in the City Clerk's Office, was prepared by Revenue & Cost
Specialists, LLC and describes each of the facilities mentioned herein and their estimated costs.
(G) "Residential development project" means construction of one or more dwelling
units.
(H) "Secondary residential unit" means a second dwelling unit on the same lot as an
existing primary residential.
3.27.030 Law enforcement facilities, vehicles, and equipment impact fee- findings.
The Mayor and Common Council find as follows:
III
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ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER 3.27
TO THE SAN BERNARDINO MUNICIPAL CODE TO ESTABLISH DEVELOPMENT
IMPACT FEES, AND REPEALING CHAPTER 3.26 AND CHAPTER 19.30.320 OF
THE SAN BERNARDINO MUNICIPAL CODE.
(A) The development ofresidential, commercial, and industrial property in the affected
territory will create a need for increased police protection services. As a result, additional
officers will be needed to maintain the current level of service. The new officers will require,
among other things, expanded station facilities and additional patrol or unmarked vehicles and
additional police equipment.
(B) Pursuant to Article 11, ~ 7 of the California Constitution, the City is empowered to
enact measures that protect the health, safety, and welfare of its citizens.
(C) The provision of expanded station facilities and vehicles is identified in the Law
Enforcement Facilities section of the Master Facility Plan and is necessary to provide adequate
law enforcement services.
(D) The development impact fee report describes in detail the number of calls for service
that each major category ofland use generates on average, the law enforcement facilities,
vehicles, and equipment required to service new development, and estimates of the costs for
capital to provide those services.
(E) The entire affected territory will derive benefit from the station facilities and vehicles
and should be assessed per the provisions of this chapter and pay a fair share of the cost thereof
based on the benefit derived therefrom.
(F) After consideration of the development impact fee report and testimony at this public
hearing, the Mayor and Common Council hereby approve the development impact fee report
and the addendum, and based thereon finds that new development in the affected territory will
create law enforcement needs that the construction and acquisition of the public improvements
funded by this chapter will meet.
(G) The Mayor and Common Council also find that the costs of the law enforcement
facilities funded by this chapter are apportioned relative to the anticipated impacts created by
development within the affected territory, and that the fees are fairly apportioned on individual
dwelling units and per square foot throughout the affected territory on the basis of benefits
conferred on property proposed for development and the need for such facilities created by the
proposed development.
(H) The facts and evidence establish that there is a reasonable relationship between the
need for the described public facilities and the needs created by the types of development on
which the fee will be imposed, and that there is a reasonable relationship between the fee's use
and the types of development for which the fee is charged. This reasonable relationship is
described in more detail in the development impact fee report and the addendum thereto.
(I) The Mayor and Common Council also find that the cost estimates set forth in the
development impact fee report are reasonable and will not exceed the reasonably estimated
total of these costs.
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ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER 3.27
TO THE SAN BERNARDINO MUNICIPAL CODE TO ESTABLISH DEVELOPMENT
IMP ACT FEES, AND REPEALING CHAPTER 3.26 AND CHAPTER 19.30.320 OF
THE SAN BERNARDINO MUNICIPAL CODE.
(1) The law enforcement facilities fees collected pursuant to this chapter shall be used only
to finance the law enforcement facilities described or identified in the Law Enforcement
Facilities section of the Master Facility Plan.
(K) The law enforcement facilities fee is hereby imposed on new residential, commercial,
and industrial development and the amount of such fee shall be set by resolution of the Mayor
and Common Council.
3.27.040 Fire suppression facilities, vehicles, and equipment impact fee -Findings.
The Mayor and Common Council find as follows:
(A) The development of residential, commercial, and industrial property in the City will
create increased calls for fire protection services. As a result, new equipment and expansion of
existing facilities to house additional fire fighters and equipment will be needed to maintain
current levels of service.
(B) Pursuant to Article 11, S 7 of the California Constitution, the City is empowered to
enact measures that protect the health, safety, and welfare of its citizens.
(C) The acquisition of new equipment and relocation, expansion, and construction of fire
protection facilities are identified in the Fire Protection Facilities section of the Master Facility
Plan and are necessary to provide adequate fire protection services within the City.
(D) The development impact fee report and the addendum thereto describe in detail the
number of calls for service that each major category of land use generates, the fire protection
facilities required to service new development, and estimates of the costs of those facilities.
(E) The entire affected territory will derive benefit from the new equipment and relocated,
expanded, and newly-constructed fire station facilities and should be assessed per the
provisions of this chapter and pay a fair share of the cost thereof based on the benefit derived
therefrom.
(F) After consideration of the development impact fee report and the addendum thereto
and testimony at this public hearing, the Mayor and Common Council hereby approve the
development impact fee report and the addendum thereto, and based thereon finds that new
development in the City will create fire protection needs that the construction and acquisition of
the public improvements funded by this chapter will meet.
(G) The Mayor and Common Council also find that the costs of the equipment and
expanded fire protection facilities funded by this chapter are apportioned relative to the
anticipated impacts created by development within the affected territory, and that the fees are
fairly apportioned on individual dwelling units throughout the affected territory on the basis of
benefits conferred on property proposed for development and the need for such facilities
created by the proposed development.
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ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER 3.27
TO THE SAN BERNARDINO MUNICIPAL CODE TO ESTABLISH DEVELOPMENT
IMPACT FEES, AND REPEALING CHAPTER 3.26 AND CHAPTER 19.30.320 OF
THE SAN BERNARDINO MUNICIPAL CODE.
(H) The facts and evidence establish that there is a reasonable relationship between the
need for the described public facilities and the needs created by the types of development on
which the fee will be imposed, and that there is a reasonable relationship between the fee's use
and the types of development for which the fee is charged. This reasonable relationship is
described in more detail in the development impact fee report and the addendum thereto.
(I) The Mayor and Common Council also find that the cost estimates set forth in the
development impact fee report are reasonable and will not exceed the reasonably estimated
total of these costs.
(J) The fire protection fees collected pursuant to this chapter shall be used only to finance
the fire protection facilities described or identified in the Fire Protection Facilities section of the
Master Facility Plan.
(K) The fire suppression facilities fee is hereby imposed on new residential, commercial,
and industrial development and the amount of such fee shall be set by resolution of the Mayor
and Common Council.
3.27.050 Local circulation system impact fee -Findings.
The Mayor and Common Council find as follows:
(A) The development of residential and other property in the affected territory will
generate additional vehicle travel. This traffic will create a need for expansion of existing
streets, signals, and bridges to accommodate increased traffic from new residential
development and commercial/industrial development.
(B) The Master Facility Plan establishes the costs and a fair method for the allocation of
costs and fee apportionment, and the apportioned fees are applicable to all property within the
affected territory.
(C) The provision of expanded streets, signals, and bridges is identified in the Circulation
System section of the Master Facility Plan and is necessary to provide adequate streets and
roadways services within the City.
(D) The General Plan of the City includes and identifies in the Circulation Element and
the transportation provision thereof, among other things, streets, signals, and bridges within the
City with the primary purpose of carrying through traffic and providing a network connecting
to the state highway system.
(E) The entire affected territory will derive benefit from the construction or reconstruction
of streets, signals, and bridges and should be assessed per the provisions of this chapter and pay
a fair share of the cost thereof based on the benefit derived therefrom.
(F) After consideration of the development impact fee report, the addendum thereto and
testimony at this public hearing, the Mayor and Common Council hereby approve the
development impact fee report and the addendum, and based thereon finds that new
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ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER 3.27
TO THE SAN BERNARDINO MUNICIPAL CODE TO ESTABLISH DEVELOPMENT
IMPACT FEES, AND REPEALING CHAPTER 3.26 AND CHAPTER 19.30.320 OF
THE SAN BERNARDINO MUNICIPAL CODE.
development in the affected territory will create streets and roadways needs that the
construction and acquisition of the public improvements fiJnded by this chapter will meet.
(G) The Mayor and Common Council also find that the cost of the streets, signals, and
bridges funded by this chapter is apportioned relative to the anticipated contribution to traffic
created by residential and other development in the affected territory, and that the fees are fairly
apportioned on individual dwelling units and commerciaVindustrial space throughout the
affected territory on the basis of benefits conferred on property to be developed and the need
for such streets and roadways created by such development.
(H) The facts and evidence establish that there is a reasonable relationship between the
need for the described public facilities and the needs created by the types of development on
which the fee will be imposed, and that there is a reasonable relationship between the fee's use
and the types of development for which the fee is charged. This reasonable relationship is
described in more detail in the development fee impact report and the addendum thereto.
(I) The cost estimates set forth in the development impact fees report are reasonable cost
estimates for constructing or reconstructing the streets and roadways proposed therein and the
fees collected from residential and other development will not exceed the reasonably estimated
total of these costs.
(J) The streets, signals, and bridges fees collected pursuant to this chapter shall be used
only to finance the streets and roadways described or identified in the Circulation System
section of the Master Facility Plan.
(K) The local circulation systems fee is hereby imposed on new residential, commercial,
and industrial development, and the amount of such fee shall be set by resolution of the Mayor
and Common Council.
3.27.060 Regional circulation system impact fee -Findings.
The Mayor and Common Council finds as follows:
(A) The development of residential and other property in the affected territory will
generate additional vehicle travel, which impacts regional circulation systems. This traffic will
create a need regional transportation system improvements such as freeway interchanges,
railroad grade separations, and regional arterial highways to accommodate increased traffic
from new residential development and commerciaVindustrial development.
(B) The Master Facility Plan establishes the costs and a fair method for the allocation of
new development's share of regional circulation system improvement costs and fee
apportionment, and the apportioned fees are applicable to all property within the affected
territory.
(C) The provision of regional circulation system improvements is identified in the
Circulation System section of the Master Facility Plan and is necessary to mitigate the impacts
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ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER 3.27
TO THE SAN BERNARDINO MUNICIPAL CODE TO ESTABLISH DEVELOPMENT
IMPACT FEES, AND REPEALING CHAPTER 3.26 AND CHAPTER 19.30.320 OF
THE SAN BERNARDINO MUNICIPAL CODE.
of development upon the regional circulation system within the City as contained in Appendix
K of the San Bemardino County Congestion Management Plan.
(D) The SANBAG Development Mitigation Nexus Study identifies the required
development contribution levels or fair share amounts for each city and sphere of influence,
and the City's regional circulation system impact fee will provide sufficient revenue to meet or
exceed the required amounts.
(E) The entire affected territory will derive benefit from the construction or reconstruction
of regional circulation system improvements and should be assessed per the provisions of this
chapter and pay a fair share of the cost thereof based on the benefit derived therefrom.
(F) After consideration of the development impact fee report, the addendum thereto and
testimony at this public hearing, the Mayor and Common Council hereby approve the
development impact fee report and the addendum, and based thereon finds that new
development in the affected territory will create regional circulation system needs that the
construction and acquisition of the public improvements funded by this chapter and Measure 1
2010-2040 will meet.
(G) The Mayor and Common Council also find that the share of regional circulation
system improvements funded by this chapter is apportioned relative to the anticipated
contribution to traffic created by residential and other development in the affected territory, and
that the fees are fairly apportioned on individual dwelling units and commercial/industrial
space throughout the affected territory on the basis of benefits conferred on property to be
developed and the need for such regional circulation system improvements created by such
development.
(H) The facts and evidence establish that there is a reasonable relationship between the
need for the described regional circulation system improvements and the needs created by the
types of development on which the fee will be imposed, and that there is a reasonable
relationship between the fee's use and the types of development for which the fee is charged.
This reasonable relationship is described in more detail in the development fee impact report
and the addendum thereto.
(I) The cost estimates set forth in the development impact fees report are reasonable cost
estimates for constructing or reconstructing the freeway interchanges, railroad grade
separations, and regional arterial highways proposed therein and the fees collected from
residential and other development will not exceed the reasonably estimated total ofthese costs.
(1) The regional circulation system fees collected pursuant to this chapter shall be used
only to finance the City's fair share of the regional circulation system improvements described
or identified in the Circulation System section of the Master Facility Plan.
(K) The regional circulation systems fee is hereby imposed on new residential, commercial,
and industrial development, and the amount of such fee shall be set by resolution of the Mayor
and Common Council.
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ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER 3.27
TO THE SAN BERNARDINO MUNICIPAL CODE TO ESTABLISH DEVELOPMENT
IMPACT FEES, AND REPEALING CHAPTER 3.26 AND CHAPTER 19.30.320 OF
THE SAN BERNARDINO MUNICIPAL CODE.
(L) In accordance with Appendix J of the San Bernardino County Congestion Management
Plan, the Mayor and Common Council shall update regional circulation system project cost
estimates on an annual basis, and adjust the regional circulation systems fee based on the
updated estimates. The fee adjustments will be based on an escalation factor approved by the
SANBAG Board of Directors.
3.27.070 Quimby Act Parkland and Open Space Acquisition and Park Improvement
impact fee-Findings.
The Mayor and Common Council find as follows:
(A) The development of residential and other property in the affected territory will create
a need for the construction of park and open space facilities to maintain the current level of
service. The park and open space facilities for which payment of a fee and/or dedication of
land is required by this section shall be in compliance with the policies, goals and standards
contained in the Parks and Recreation Element of the General Plan.
(B) Pursuant to the Quimby Act (99 66477 of the Government Code), the City may
impose by ordinance a requirement for the payment of fees to pay for the actual or estimated
costs of constructing planned park and open space facilities.
(C) Pursuant to Article 11, 9 7 of the California Constitution, the City is empowered to
enact measures that protect the health, safety, and welfare of its citizens.
(D) Park and open space facilities are essential to San Bernardino to mitigate the negative
effects of increasing urban development and to promote the health and welfare of the citizens.
(E) The provision of additional parks, recreation, and opera space is identified in the
Parkland and Open Space Acquisition and Park Improvement section of the Master Facility
Plan and is necessary to provide adequate parks and open space facilities within the City.
(F) The development impact fee report and addendum thereto describe in detail the
current City standards for parks and open space facilities, the cost for parks and open space
facilities construction, and the cost thereof per new single-family, multi-family, and mobile
home park or manufactured home park residential unit.
(G) The entire affected territory will derive benefit from the park and open space facilities
and should be assessed per the provisions of this chapter and pay a fair share of the cost thereof
based on the benefit derived therefrom.
(H) After consideration of the development impact fee report, the addendum thereto and
testimony at this public hearing, the Mayor and Common Council hereby approve the
development impact fee report and the addendum thereto, and based thereon finds that new
development in the affected territory will create needs for park and open space facilities that
the construction and acquisition of the public improvements funded by this chapter will meet.
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ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER 3.27
TO THE SAN BERNARDINO MUNICIPAL CODE TO ESTABLISH DEVELOPMENT
IMPACT FEES, AND REPEALING CHAPTER 3.26 AND CHAPTER 19.30.320 OF
THE SAN BERNARDINO MUNICIPAL CODE.
(I) The costs of the park, recreation, and open space facilities funded by this chapter are
apportioned relative to the anticipated impacts created by development within the affected
territory, and that the fees are fairly apportioned on individual dwelling units throughout the
affected territory on the basis of benefits conferred on property proposed for development and
the need for such facilities created by such proposed development.
(J) The facts and evidence establish that there is a reasonable relationship between the
need for the described public facilities and the needs created by the types of development on
which the fee will be imposed, and that there is a reasonable relationship between the fee's use
and the types of development for which the fee is charged. This reasonable relationship is
described in more detail in the development impact fee report and the addendum thereto.
(K) The cost estimates set forth in the development impact fee report are reasonable and
will not exceed the reasonably estimated total of these costs.
(L) The park and open space facilities fees collected pursuant to this chapter shall be used
only to finance the park and open space facilities described or identified in the Parkland and
Open Space Acquisition and Park Improvement section of the Master Facility Plan.
(M) The park and open space land acquisition and facilities development fee is hereby
imposed on new residential development. The amount of such fee shall be set by resolution of
the Mayor and Common Council, and shall apply to development of residential uses requiring
the subdivision ofland. Developments of residential uses not requiring the subdivision ofland
shall pay the AB 1600 park and open space land acquisition and facilities development fee in
accordance with Section 3.26.075.
(1) The subdivider, as a condition of approval of a tentative map, shall pay a fee in lieu,
dedicate land, or both, at the discretion of the Council for park and/or recreational
purposes pursuant to the Subdivision Map Act, Government Code Section 66477.
(2) It is hereby found and determined that the public interest, convenience, health,
safety and welfare require that 5 acres ofland for each 1000 persons residing within the
City be devoted to park and recreational purposes. Lands held as public open space, for
wildlife habitat, shall not be included in this formula.
(3) Where a public park or recreational facility has been designated in the General Plan
and is to be located in whole or in part within the proposed subdivision and is
reasonably related to serving the needs of the residents of that subdivision, the
subdivider shall dedicate land for park and recreational facilities sufficient in size and
physical characteristics to meet that purpose. The amount of land shall be determined
pursuant to Section 3.27.070(M)(4).
If there is no park or recreational facility designated in the General Plan to be located in
whole or in part within the proposed subdivision to serve the needs of the residents of
that subdivision, the subdivider shall, pursuant to Council determination, pay a fee in
lieu of or dedicate land in compliance with Section 3.27.070(M)(4).
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ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER 3.27
TO THE SAN BERNARDINO MUNICIPAL CODE TO ESTABLISH DEVELOPMENT
IMPACT FEES, AND REPEALING CHAPTER 3.26 AND CHAPTER 19.30.320 OF
THE SAN BERNARDINO MUNICIPAL CODE.
(4) The Council shall consider the following when evaluating the payment offee in lieu
of or the acceptance of land for dedication, or a combination of both:
a. Parks and Recreation Element, and any other applicable provision of the General
Plan;
b. Topography, geology, access and location ofland in the subdivision suitable for
dedication;
c. Size and shape of the subdivision and land suitable for dedication;
d. Feasibility of dedication; and
e. Availability of previously acquired private property.
3.27.075 AB 1600 Parkland and Open Space Acquisition and Park Improvement impact
fee-Findings.
The Mayor and Common Council find as follows:
(A) The development of residential and other property in the affected territory will create
a need for the construction of park and open space facilities to maintain the current level of
service. The park and open space facilities for which payment of a fee and/or dedication of
land is required by this section shall be in compliance with the policies, goals and standards
contained in the Parks and Recreation Element of the General Plan.
(B) Pursuant to Cal. Government Code ~~ 66000 et seq., and the City's police powers, the
City may impose by ordinance a requirement for the payment of fees to pay for the actual or
estimated costs of constructing planned park and open space facilities.
(C) Pursuant to Article 11, ~ 7 of the California Constitution, the City is empowered to
enact measures that protect the health, safety, and welfare of its citizens.
(D) Park and open space facilities are essential to the City of San Bernardino to mitigate
the negative effects of increasing urban development and to promote the health and welfare of
the citizens.
(E) The provision of additional parks, recreation, and opera space is identified in the
Parkland and Open Space Acquisition and Park Improvement section of the Master Facility
Plan and is necessary to provide adequate parks and open space facilities within the City.
(F) The development impact fee report and addendum thereto describe in detail the
current City standards for parks and open space facilities, the cost for parks and open space
facilities construction, and the cost thereof per new single-family, multi-family, and mobile
home park residential unit.
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ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER 3.27
TO THE SAN BERNARDINO MUNICIPAL CODE TO ESTABLISH DEVELOPMENT
IMPACT FEES, AND REPEALING CHAPTER 3.26 AND CHAPTER 19.30.320 OF
THE SAN BERNARDINO MUNICIPAL CODE.
(G) The entire affected territory will derive benefit from the park and open space facilities
and should be assessed per the provisions of this chapter and pay a fair share of the cost thereof
based on the benefit derived therefrom.
(H) After consideration of the development impact fee report, the addendum thereto and
testimony at this public hearing, the Mayor and Common Council hereby approve the
development impact fee report and the addendum thereto, and based thereon finds that new
development in the affected territory will create needs for park and open space facilities that
the construction and acquisition of the public improvements funded by this chapter will meet.
(I) The costs of the park, recreation, and open space facilities funded by this chapter are
apportioned relative to the anticipated impacts created by development within the affected
territory, and that the fees are fairly apportioned on individual dwelling units throughout the
affected territory on the basis of benefits conferred on property proposed for development and
the need for such facilities created by such proposed development.
(J) The facts and evidence establish that there is a reasonable relationship between the
need for the described public facilities and the needs created by the types of development on
which the fee will be imposed, and that there is a reasonable relationship between the fee's use
and the types of development for which the fee is charged. This reasonable relationship is
described in more detail in the development impact fee report and the addendum thereto.
(K) The cost estimates set forth in the development impact fee report are reasonable and
will not exceed the reasonably estimated total of these costs.
(L) The park and open space facilities fees collected pursuant to this chapter shall be used
only to finance the park and open space facilities described or identified in the Parkland and
Open Space Acquisition and Park Improvement section of the Master Facility Plan.
(N) The AB 1600 park and open space land acquisition and facilities development fee is
hereby imposed on new residential development. The amount of such fee shall be set by
resolution of the Mayor and Common Council, and shall apply to developments of residential
uses not requiring the subdivision of land. Developments requiring the subdivision of land
shall pay the Quimby Act park and open space land acquisition and facilities development fees
pursuant to Chapter 3.26.070.
(1) It is hereby found and determined that the public interest, convenience, health,
safety and welfare require that 5 acres of land for each 1000 persons residing within the
City be devoted to park and recreational purposes. Lands held as public open space, for
wildlife habitat, shall not be included in this formula.
(2) The Council shall consider the following when evaluating the payment of fee in lieu
of or the acceptance of land for dedication, or a combination of both:
a. Parks and Recreation Element, and any other applicable provision of the General
Plan;
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ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER 3.27
TO THE SAN BERNARDINO MUNICIPAL CODE TO ESTABLISH DEVELOPMENT
IMP ACT FEES, AND REPEALING CHAPTER 3.26 AND CHAPTER 19.30.320 OF
THE SAN BERNARDINO MUNICIPAL CODE.
b. Topography, geology, access and location ofland in the subdivision suitable for
dedication;
c. Size and shape of the subdivision and land suitable for dedication;
d. Feasibility of dedication; and
e. Availability of previously acquired private property.
3.27.080 Library facility and collection impact fee-Findings.
The Mayor and Common Council find as follows:
(A) The development of residential property in the affected territory will create a need for
increased library services. As a result, additions to the library collection will be needed to
maintain the current level of service.
(B) Pursuant to Article 11, 9 7 of the California Constitution, the City is empowered to
enact measures that protect the health, safety, and welfare of its citizens.
(C) The provision of additions to the library collection is identified in the Library Facility
and Collection section of the Master Facility Plan and is necessary to provide adequate library
services within the City.
(D) The development impact fee report describes in detail the current City standard for
number oflibrary books per person, the number of persons an average single-family, multiple-
family or mobile home park residence generates, the library collection required to service new
development, and estimates of the costs of additions to the library collection to maintain the
current level of service.
(E) The entire affected territory will derive benefit from the library collection and should
be assessed per the provisions of this chapter and pay a fair share of the cost thereof based on
the benefit derived therefrom.
(F) After consideration of the development impact fee report and testimony at a public
hearing, the Mayor and Common Council hereby approve the development impact fee report,
and based thereon finds that new development in the affected territory will create needs for
additions to the library collection that the acquisition ofthe public improvements funded by this
chapter will meet.
(G) The Mayor and Common Council also finds that the costs of additions to the library
collection funded by this chapter are apportioned relative to the anticipated impacts created by
development within the affected territory, and that the fees are fairly apportioned on individual
dwelling units throughout the affected territory on the basis of benefits conferred on property
proposed for development and the need for such facilities created by the proposed
development.
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ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER 3.27
TO THE SAN BERNARDINO MUNICIPAL CODE TO ESTABLISH DEVELOPMENT
IMPACT FEES, AND REPEALING CHAPTER 3.26 AND CHAPTER 19.30.320 OF
THE SAN BERNARDINO MUNICIPAL CODE.
(H) The facts and evidence establish that there is a reasonable relationship between the
need for the described public facilities and the needs created by the types of development on
which the fee will be imposed, and that there is a reasonable relationship between the fee's use
and the types of development for which the fee is charged. This reasonable relationship is
described in more detail in the development impact fee report.
(I) The City Council also finds that the cost estimates set forth in the development impact
fee report are reasonable and will not exceed the reasonably estimated total of these costs.
(J) The library collection fees collected pursuant to this chapter shall be used only to
finance additions to the library collection described or identified in the Library Facility and
Collection section of the Master Facility Plan.
(K) The library facilities and collection fee is hereby imposed on new residential
development, and the amount of such fee shall be set by resolution of the Mayor and Common
Council.
3.27.090 Public meeting facilities impact fee -Findings.
The Mayor and Common Council find as follows:
(A) The development of residential property in the affected territory will create a need for
increased public meeting facilities. As a result, additional public meeting facilities will be
needed to maintain the current level of service.
(B) Pursuant to Article 11, ~ 7 of the California Constitution, the City is empowered to
enact measures that protect the health, safety, and welfare of its citizens.
(C) The provision of public meeting facilities is identified in the Public Use Facilities
section of the Master Facility Plan and is necessary to provide adequate public meeting
facilities within the City.
(D) The development impact fee report describes in detail the current City standard for
number of public meeting facilities per person; the number of persons an average single-family,
multiple-family or mobile home park residence generates, the public meeting facilities required
to service new development, and estimates of the costs of public meeting facilities to maintain
the current level of service.
(E) The entire affected territory will derive benefit from the public meeting facilities and
should be assessed per the provisions of this chapter and pay a fair share of the cost thereof
based on the benefit derived therefrom.
(F) After consideration of the development impact fee report and testimony at a public
hearing, the Mayor and Common Council hereby approves the development impact fee report,
and based thereon finds that new development in the affected territory will create needs for
public meeting facilities that the acquisition of the public improvements funded by this chapter
will meet.
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ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER 3.27
TO THE SAN BERNARDINO MUNICIPAL CODE TO ESTABLISH DEVELOPMENT
IMP ACT FEES, AND REPEALING CHAPTER 3.26 AND CHAPTER 19.30.320 OF
THE SAN BERNARDINO MUNICIPAL CODE.
(G) The Mayor and Common Council also find that the costs of public meeting facilities
funded by this chapter are apportioned relative to the anticipated impacts created by
development within the affected territory, and that the fees are fairly apportioned on individual
dwelling units throughout the affected territory on the basis of benefits conferred on property
proposed for development and the need for such facilities created by the proposed
development.
(H) The facts and evidence establish that there is a reasonable relationship between the
need for the described public facilities and the needs created by the types of development on
which the fee will be imposed, and that there is a reasonable relationship between the fee's use
and the types of development for which the fee is charged. This reasonable relationship is
described in more detail in the development impact fee report.
(I) The Mayor and Common Council also find that the cost estimates set forth in the
development impact fee report are reasonable and will not exceed the reasonably estimated
total of these costs.
(1) The public meeting facilities fees collected pursuant to this chapter shall be used only to
finance additions to the public meeting facilities described or identified in the Community
Public Use Facilities section of the Master Facility Plan.
(K) The public meeting facilities impact fee is hereby imposed on new residential
development, and the amount of such fee shall be set by resolution of the Mayor and Common
Council.
3.27.100 Aquatics facilities impact fee-Findings.
The Mayor and Common Council find as follows:
(A) The development of residential property in the affected territory will create a need for
increased aquatics facilities. As a result, additional aquatics facilities will be needed to maintain
the current level of service.
(B) Pursuant to Article 11, 9 7 of the California Constitution, the City is empowered to
enact measures that protect the health, safety, and welfare of its citizens.
(C) The provision of aquatic center facilities is identified in the Aquatic Center Facilities
section of the Master Facility Plan and is necessary to provide adequate aquatic center facilities
within the City.
(D) The development impact fee report describes in detail the current City standard for
aquatic center facilities per person, the number of persons an average single-family, multiple-
family or mobile home park residence generates, the aquatic center facilities required to service
new development, and estimates of the costs of aquatic center facilities to maintain the current
level of service.
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ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER 3.27
TO THE SAN BERNARDINO MUNICIPAL CODE TO ESTABLISH DEVELOPMENT
IMPACT FEES, AND REPEALING CHAPTER 3.26 AND CHAPTER 19.30.320 OF
THE SAN BERNARDINO MUNICIPAL CODE.
(E) The entire affected territory will derive benefit from the aquatic center facilities and
should be assessed per the provisions of this chapter and pay a fair share of the cost thereof
based on the benefit derived therefrom.
(F) After consideration of the development impact fee report and testimony at a public
hearing, the Mayor and Common Council hereby approve the development impact fee report,
and based thereon finds that new development in the affected territory will create needs for
aquatic center facilities that the acquisition of the public improvements funded by this chapter
will meet.
(G) The Mayor and Common Council also find that the costs of aquatic center facilities
funded by this chapter are apportioned relative to the anticipated impacts created by
development within the affected territory, and that the fees are fairly apportioned on individual
dwelling units throughout the affected territory on the basis of benefits conferred on property
proposed for development and the need for such facilities created by the proposed
development.
(H) The facts and evidence establish that there is a reasonable relationship between the
need for the described public facilities and the needs created by the types of development on
which the fee will be imposed, and that there is a reasonable relationship between the fee's use
and the types of development for which the fee is charged. This reasonable relationship is
described in more detail in the development impact fee report.
(I) The Mayor and Common Council also find that the cost estimates set forth in the
development impact fee report are reasonable and will not exceed the reasonably estimated
total of these costs.
(J) The aquatic center facilities fees collected pursuant to this chapter shall be used only to
finance additions to the community's aquatic center facilities described or identified in the
Aquatic Center Facilities section of the Master Facility Plan.
(K) The aquatic center facilities impact fee is hereby imposed on new residential
development, and the amount of such fee shall be set by resolution of the Mayor and Common
Council.
3.27.110 Accounting and disbursement of fees.
(A) Each of the fees paid pursuant to this chapter shall be placed in a separate fund, each
of which may be further segregated by specific projects. These funds shall be known,
respectively, as:
(1) The Law Enforcement Development Fee Fund;
(2) The Fire Protection Development Fee Fund;
(3) The Local Circulation System Development Fee Fund;
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ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER 3.27
TO THE SAN BERNARDINO MUNICIPAL CODE TO ESTABLISH DEVELOPMENT
IMP ACT FEES, AND REPEALING CHAPTER 3.26 AND CHAPTER 19.30.320 OF
THE SAN BERNARDINO MUNICIPAL CODE.
(4) The Regional Circulation System Development Fee Fund;
(5) The Quimby Act Parkland and Open Space Acquisition and Park Improvement
Development Fee Fund;
(6) The AB 1600 Parkland and Open Space Acquisition and Park Improvement
Development Fee Fund
(7) The Library Facilities and Collection Development Fee Fund;
(8) The Public Meeting Facilities Development Fee Fund;
(9) The Aquatics Center Facilities Development Fee Fund.
(B) These funds, and interest earned thereon, shall be expended solely for construction
and/or acquisition of the corresponding public facilities as shown in the Master Facility Plan, or
for reimbursement for construction and/or acquisition of those public facilities.
3.27.140 Development fee credits; prepayment.
(A) The owner of a parcel of property otherwise required to pay a fee under this chapter
shall receive a credit for the corresponding development fee when that owner constructs or
donates a facility, or a portion thereof, identified in the Master Facility Plan, regardless of how
it may be financed, that serves the owner's parcel or parcels. The development fee credit shall
offset, on a proportionate basis without interest, the corresponding development fee to be paid
pursuant to this chapter. The facility must be built in compliance with all applicable laws
governing the construction of public improvements.
(B) The amount of the development fee credit shall equal the City's most recent estimated
cost of constructing and/or furnishing the facility, or the portion of the facility actually
completed or purchased, by contract or utilizing City forces.
(C) The owner of a parcel of property may be further entitled to a development fee credit
where the city determines, on a case-by-case basis, that the construction of the facility, or a
portion thereof, will be necessary to provide basic services to the entire City even though it
does not directly serve the owner's project or is of greater capacity than that required to serve
the owner's project adequately.
(D) The amount of the development fee credit shall be determined after inspection and
acceptance of the facility at the time of payment of the corresponding facilities fee.
(E) If an owner pays the facilities fee assessed under this chapter and later elects, after
City approval, to accelerate the development by constructing or purchasing facilities for the
project, the owner may apply for and receive a refund, up to the amount of the facilities fee, for
such facilities after those facilities are certified by the City Engineer as complying with the
appropriate Master Facility Plan, City ordinances, and applicable law.
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ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER 3.27
TO THE SAN BERNARDINO MUNICIPAL CODE TO ESTABLISH DEVELOPMENT
IMP ACT FEES, AND REPEALING CHAPTER 3.26 AND CHAPTER 19.30.320 OF
THE SAN BERNARDINO MUNICIPAL CODE.
(F) To the extent that an owner is granted a development fee credit, such owner shall not
be entitled to a future reimbursement for such facility except as provided in ~ 3.27.150.
(G) A development fee credit is an obligation of the City that runs with the land and
inures to the benefit of each successor in interest of the original landowner until full credit has
been received.
(H) A developer shall also be entitled to a credit if the City and developer have executed
an agreement or there is a preexisting ordinance which specifically exempts the developer from
the payment of one or more of the fees enacted under this chapter. The availability of the credit
and its amount shall be determined by the City on a case-by-case basis based on the provisions
of the applicable agreement.
(I) A developer or any public agency may prepay all or any portion of one or more fees
under this chapter through the use of funds, revenues or grants that are derived from sources
other than those of the City or revenues generated from the fees collected under this Chapter.
The Mayor and Common Council are hereby authorized to enter agreements with developers or
public agencies to accept any prepayments of one or more of the fees under this Chapter based
upon findings and determinations to be made by the Mayor and Common Council to
acknowledge said prepayment and to approve any agreement with any developer or public
agency to evidence such prepayment.
3.27.150 Reimbursement.
(A) The owner of a parcel of property otherwise required to pay a facilities fee under this
chapter will be entitled to enter into a reimbursement agreement to reimburse from
subsequently collected development fees the direct and verifiable costs of installing or
furnishing public improvements, or portions thereof, identified in the appropriate Master
Facility Plan where all of the following conditions are satisfied:
(1) The owner has constructed a public improvement, or portion thereof, that is
identified in the appropriate Master Facility Plan.
(2) The City required that the public improvement be constructed to contain
supplemental size, capacity, number or length for the benefit of property not within the owner's
project.
(3) The City approved, prior to construction or furnishing, the proposed budget for the
project and finds any change to that budget fair and reasonable.
(4) The public improvement, or portion thereof, has been dedicated to the public.
(5) The public improvement, or portion thereof, has been built in compliance with all
applicable laws governing the construction of public works.
(B) The City shall not reimburse the owner for costs related to financing any public
facility.
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ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER 3.27
TO THE SAN BERNARDINO MUNICIPAL CODE TO ESTABLISH DEVELOPMENT
IMPACT FEES, AND REPEALING CHAPTER 3.26 AND CHAPTER 19.30.320 OF
THE SAN BERNARDINO MUNICIPAL CODE.
(C) An owner shall only be entitled to reimbursement to the extent that any public facility
project benefits property not within the owner's project. Thus, an owner may receive a
development fee credit as provided in Chapter 3.27.140 for the portion of a public facility that
serves the owner's project and reimbursement for the oversized or extra-capacity or extended
portion of a public facility that benefits subsequently developed property.
(D) In no event shall an owner receive a development fee credit and/or reimbursement in
excess of the City's most recent estimated cost of constructing the facility, or the portion of the
facility actually completed, by contract or by utilizing city forces.
(E) Any reimbursement agreement entered into under this section shall require the City,
for a period of up to 15 years, to reimburse the owner from the proceeds of the facilities fees
collected from new projects that directly benefit from the facilities financed by the facilities fee
or fees and which are the subject of the reimbursement agreement. Reimbursement shall only
be made from fees collected to fund improvements which are of the same type as the
improvement constructed by the owner, and from no other source. The terms of the
reimbursement shall be set forth in the reimbursement agreement.
3.27.170 Deferrals.
The Mayor and Common Council are empowered to grant deferral of any fee imposed by this
chapter upon the recommendation of the Director of Development Services, except the regional
circulation systems fee established in Chapter 3.27.060. Such deferral may only be granted
after notice and hearing if, in the opinion of the Mayor and Common Council, properly
supported by specific findings, deferral would allow a better or fairer financing arrangement to
be developed and imposed. Findings must be based on written and other evidence submitted by
the property owner, substantiating the owner's contention that the fee should be deferred.
Findings must include facts supporting deferral, including without limitation, findings that in
the case of deferral (1) other properties to be benefited by any fee will not be burdened by the
review and delay in fee imposition, or, (2) alternative financing methods involving more than
one owner have been proposed for review, or (3) delay will result in a more fair funding
arrangement.
3.27.180 Application to subsequently annexed land.
As areas not presently situated within the City boundaries seek to annex to the City, the Mayor
and Common Council shall determine the benefit to such land areas of the public facilities and
infrastructure funded by this chapter. The Mayor and Common Council shall impose
development fees, in whole or in part, as established by this chapter, upon such annexed areas
to the extent necessary to assure that such areas pay their fair share of the actual costs of all
necessary public facilities and infrastructure benefiting their projects, unless the Mayor and
Common Council determines that such an imposition would cause inequities or that a better or
fairer financing arrangement can and should be developed and imposed."
SECTION 2.
repealed.
Chapter 3.26 of the San Bernardino Municipal Code is hereby
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ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER 3.27
TO THE SAN BERNARDINO MUNICIPAL CODE TO ESTABLISH DEVELOPMENT
IMPACT FEES, AND REPEALING CHAPTER 3.26 AND CHAPTER 19.30.320 OF
THE SAN BERNARDINO MUNICIPAL CODE.
SECTION 3. Section 19.30.320 of the San Bernardino Municipal Code is
hereby repealed.
SECTION 4. If any article, section, clause, sentence or term or condition of
this Ordinance is held invalid or unenforceable for any reason by a court of competent
jurisdiction, the remaining portions of this Ordinance will remain in full force and effect,
provided the resulting provisions hereof continue to preserve the material legislative intent of
this Ordinance as of the date of adoption by the Mayor and Council.
SECTION 5. Pursuant to Government Code Section 66017 (a) this
Ordinance shall become effective 60 days from the date of its adoption.
/II
/II
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ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER 3.27
TO THE SAN BERNARDINO MUNICIPAL CODE TO ESTABLISH DEVELOPMENT
IMPACT FEES, AND REPEALING CHAPTER 3.26 AND CHAPTER 19.30.320 OF
THE SAN BERNARDINO MUNICIPAL CODE.
I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor
and Common Council of the City of San Bernardino at aj t reg meeting thereof, held on the
3rd day of April , 2006, by the following vote, to wit:
Council Members: AYES NAYS ABSTAIN ABSENT
ESTRADA x
-
BAXTER x
MCGINNIS ---X-
DERRY x
KELLEY x
JOHNSON x
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MC CAMMACK x
~. !J Ci.-PA.Ic
Cit Clerk
The foregoing ordinance is hereby approved this c; i:l day of April
2006.
~~v- ~~-
.,,- Pat' k J. Morri~or
--------cIty of San Bernardino
Approved as to
Form and legal content:
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