HomeMy WebLinkAbout39-City Attorney
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NOTICE OF PUBLIC HEARING
OF THE MAYOR AND COMMON COUNCIL or THE CITY or
SAN BERNARDINO, CALIFOiHIA, PURSUANT TO
GOVEINMERr CODI SBCTIONS 54992 AND 65962 REGARDING
THE EXTENSION or THE EFFECTIVE DATES
or AN URGENCY ORDINANCE SETTING INFRASTRUCTURE
DEVELOPMDT FEES WITHIN THE VERDEMOwr AREA
NOTICE IS HEREBY GIVEN that the Mayor and Common Council of the City
of San Bernardino, California, shall conduct a pUblic hearina pursuant to
Government Code Sections 54992 and 65962 for the purpose of cons1derina the
extenl1on of the effective datea of an uraency ordinance settinl
infrastructure development fees in connection with development of real
property within the Verdemont area of the City.
The infrastructure feea as initially established pursuant to the
urgency ordinance adopted on December 4, 1989, are only effective fOf thirty
(30) days from the date of their adoption unle.. otherwhe extended. On
January 3, 1990, the City subsequently extended the effective date of the
December 4 Urlency Ordinance pursuant to a second urlency ordinance. The City
now propo..a to further extend the effective date of the oriainal uriency
ordinance establishina such feee for an additional thirty (30) days in order
to provide flnancina for the coate of certain public improvements required in
the Verdemont Area.
The time, date and place of aaid public hearing shall be as followa:
Time:
2:00 p.m.
Date:
February 19, 1990
Place:
City Council Chambers
City Hall
300 North "D" Street
San Bernardino, California 92418
All interested parties are invited to appear at said public hearina
at the above time, date and place and to present testimony concernina the
foreioina mattera.
An enaineer's report, lndicatin, the eatimated cost of providing the
facUitie8 and PUblic improvements for Which fees would be charged and the
revsnue source. anticipated to provide the facilities and public improvements
has been prepared, is on file and will be available for public inspection
durina re,ular business hours at the office of the City Engineer, City Hall,
300 North "D" Street, San Bernardino, California 92418.
NOTICE IS GIVEN THIS /:l.kf DAY OF FEBRUARY, 1990.
~-ncJ f!Ia.~
City Clerk of the d-
City of San Bernardino
SBE00099-22/3507S/dc
02/08/90 1105
_39
CITY OF SAN BER"- \RDINO~ REQUEST r lR COUNCIL ACTION
From:
James F. Penmq.n
Subject: Urgency Ordinance of the City of
San Bernardino, California, extend-
ing the effective date of an infra-
structure development fee program
for right-of-way improvements and
public improvements in the Verdemon
area.
Dept:
City Attorney
Date:
February 13, 1990
Synopsis of Previous Council action:
See attached.
Recommended motion:
a. Waive further reading and adopt the Urgency Ordinance.
b. Adopt resolution.
bt~J
/ Signature
Contact person: Dennis A. Barlow
Phone: 5255
Supporting data attached:
Ward:
5
FUNDING REQUIREMENTS:
Amount:
Source: (Acct. No.)
(Acct. Description)
Finance:
Council Notes:
75.0262
Agenda Item No.
1 9'4t. .
Synopsis of Previous Council Action:
October 2, 1989
Set public hearing for October 16, 1989
October 16, 1989
Public hearing (continued to November 6,
1989)
November 6, 1989
Continued public hearing, reading of
urgency Ordinance waived
November 20, 1989
Adoption of Urgency Ordinance and
Resolution continued to December 4, 1989
December 4, 1989
Adoption of Resolution 89-486 and
Urgency Ordinance MC-690, set public
hearing for December 18, 1989
December 18, 1989
Public hearing on permanent ordinance,
First reading waived
January 3, 1990
Permanent ordinance tabled, Resolution
90-2 adopted, Urgency Ordinance extended
(MC-695)
January 8, 1990
Public hearing, First reading of revised
permanent ordinance waived
January 22, 1990
Final adoption of permanent ordinance
continued to February 19, 1990
DAB/ses/synopsis
February 13, 1990
CITY OF SAN BERNARDINO
California
STAFF REPORT
TO: Mayor and Common Council
FROM: City Staff
SUBJECT: Adoption of an Urgency Ordinance of the City of San Bernardino,
California, Extending the Effective Date of an Infrastructure
Development Fee Program for Right-of-Way Improvements and Public
Improvements in the Verdemont Area.
Adoption of Resolution of the City of San Bernardino, Establishing
the Amount of the Infrastructure Fee to be Levied for Right-of-Way
Improvements and Public Improvements.
DATE:
February 19, 1990
BACKGROUND
City Staff has determined that the Verdemont area of the City of
San Bernardino (the "City") requires the construction and installation of
additional public infrastructure in order to bring such area into conformity
with the City's General Plan and to facilitate further private development
within the area. The existing infrastructure system does not conform with the
City's General Plan requirements and accordingly development should not
continue wi thout the provision of additional public facilities and
improvements.
The City is presently considering an amendment to the San Bernardino Municipal
Code to establish a permanent program for the levy of infrastructure fees to
provide revenues to fund the public improvements which would be necessitated
by any proposed private development within the area.
Until such amendment becomes effective, the City has previously on December 4,
1989, taken action to adopt an Urgency Ordinance and corresponding Resolution
in order to ensure the provision of funding prior to the commencement of any
additional development. Subsequently thereto the City took further action on
January 3, 1990 to extend the effective date of the original Urgency Ordinance
and the corresponding Resolution for an additional thirty (30) days and to
make certain revisions to the amount of the Infrastructure Fee and the
Page 2
description of the public improvements. The above actions were taken in
accordance with Section 65962 of the California Government Code.
ANALYSIS
(a) UrRencv Ordinance
The Urgency Ordinance referenced above authorizes an additional thirty
(30) day extension of the effective date of the December 4, 1989 Urgency
Ordinance which initially established an interim infrastructure fee
program. Pursuant to the Urgency Ordinance referenced above, the original
Urgency Ordinance, as amended, would remain in effect for an additional
thirty (30) days from the date of adoption of the above-referenced Urgency
Ordinance.
The above-referenced Urgency Ordinance permits any fee payer or developer
who voluntarily prepays or who has already prepaid the amount of the
infrastructure fee to be exempt from any increases in the fee attributable
to increases in the costs of Right-of-Way Improvements and/or Public
Improvements which Improvements are more fully described in the Engineer's
Report on file with the City Clerk's office.
(b) Resolution Revisi~ the Amount of the Fee
The above-referenced Resolution sets the amount of the Infrastructure Fee
which was initially established pursuant to the December 4, 1989
Resolution and which was subsequently revised by a second Resolution
adopted on January 3, 1990. The above-referenced Resolution also provides
that if any developer or fee payer voluntarily prepays the fee then such
developer or fee payer will be exempt from paying any additional increases
in the fee which are attributable to increases in the costs of
Right-of-Way Improvements and/or Public Improvements.
STATUS OF PERMANENT ORDINANCE
To date the City has delayed taking action with respect to the second reading
of the Permanent Ordinance which amends the San Bernardino Municipal Code and
establishes a permanent infrastructure fee. Once the City holds a second
reading it would require a period of sixty (60) days before the permanent fees
would be effective.
CONCLUSIONS AND RECOMMENDATIONS
City Staff recommends that the Mayor and Common Council adopt the attached
Urgency Ordinance and the attached Resolution.
SBE00099/3506S
NOTICE OF PUBLIC HEARING
or THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO, CALIFORNIA, PURSUANT TO
GOVERNMENT CODE SECTIONS 54992 AND 65962 REGARDING
THE EXTENSION OF THE EFFECTIVE DATES
OF AN URGENCY ORDINANCE SETTING INFRASTRUCTURE
DEVELOPMENT FEES WITHIN THE VERDEMONT AREA
NOTICE IS HEREBY GIVEN that the Mayor and Common Council of the City
of San Bernardino, California, shall conduct a public hearing pursuant to
Government Code Sections 54992 and 65962 for the purpose of considering the
extension of the effective dates of an urgency ordinance setting
infrastructure development fees in connection with development of real
property within the Verdemont area of the City.
The infrastructure fees as initially established pursuant to the
urgency ordinance adopted on December 4, 1989, are only effective for thirty
(30) days from the date of their adoption unless otherwise extended. On
January 3, 1990, the City subsequently extended the effective date of the
December 4 Urgency Ordinance pursuant to a second urgency ordinance. The City
now proposes to further extend the effective date of the original urgency
ordinance establishing such fees for an additional thirty (30) days in order
to provide financing for the costs of certain public improvements required in
the Verdemont Area.
The time, date and place of said public hearing shall be as follows:
Time:
2:00 p.m.
Date:
February 19, 1990
Place:
City Council Chambers
City Hall
300 North "D" Street
San Bernardino, California 92418
All interested parties are invited to appear at said public hearing
at the above time, date and place and to present testimony concerning the
foregoing matters.
An engineer's report, indicating the estimated cost of providing the
facili ties and public improvements for which fees would be charged and the
revenue sources anticipated to provide the facilities and public improvements
has been prepared, is on file and will be available for public inspection
during regular business hours at the office of the Ci ty Engineer, City Hall,
300 North "D" Street, San Bernardino, California 92418.
NOTICE IS GIVEN THIS
DAY OF FEBRUARY, 1990.
City Clerk of the
City of San Bernardino
SBE00099-22/3507S/dc
02/08/90 1105
SAN BERNARDINO, CALIFORNIA
AGENDA
February 19, 1990
Item:
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO, CALIFORNIA, SETTING THE AMOUNT OF
AN INFRASTRUCTURE FEE TO BE LEVIED FOR RIGHT-OF-WAY
IMPROVEMENTS AND PUBLIC IMPROVEMENTS
Action to
be Taken:
Adopt Resolution.
Certified copy of Resolution to be returned to Hawkins, De1afie1d &
Wood, Attention: Andre de Bortnowski.
SBE00099/3503S
~
SBE00099-20/3503S/dc
02/08/90 0310
RESOLUTION NO.
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO, CALIFORNIA, SETTING THE
AMOUNT OF AN INFRASTRUCTURE FEE TO BE LEVIED FOR
RIGHT-OF-WAY IMPROVEMENTS AND PUBLIC IMPROVEMENTS
WHEREAS, the City of San Bernardino, California (the
"City") has on December 4, 1989, previously adopted an Urgency
Ordinance (the "December Urgency Ordinance") which established and
authorized the levy of an infrastructure fee (the "Infrastructure
Fee") for the purposes of funding the costs of certain Right-of-Way
Improvements and Public Improvements, all as more fully described in
the December Urgency Ordinance; and
WHEREAS, in connec t i on wi th its adopt i on 0 f the Decembe r
Urgency Ordinance, the City on December 4, 1989, also adopted a
Resolution (the "December Resolution") setting the amount of the
Infrastructure fee; and
WHEREAS, the City has on January 3, 1990, previously
adopted a second Urgency Ordinance (the "January Urgency Ordinance")
which amended the terms of the December Urgency Ordinance and which
extended the effective date of the December Urgency Ordinance for an
additional thirty (30) days; and
WHEREAS, in connection with the adoption of the January
Urgency Ordinance the City also adopted a second Resolution which
- 1 -
revised the amount of the Infrastructure Fee
Resolution"); and
(the
"January
WHEREAS, the City has simultaneously herewith adopted a
third Urgency Ordinance (the "February Urgency Ordinance") extending
the date of the December Urgency Ordinance as amended by the January
Urgency Ordinance; and
WHEREAS, the City deems it necessary to adopt this
Resolution in order to set the Infrastructure Fee applicable to the
February Urgency Ordinance.
NOW, THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO, CALIFORNIA, DO HEREBY FIND, RESOLVE, DETERMINE AND
ORDER AS FOLLOWS:
Section I. Infrastructure Fee. The Infrastructure Fee
authorized by the February Urgency Ordinance is the amount of
$7,375.00 per Equivalent Dwelling Unit as said term is defined in
the December Urgency Ordinance. Said Infrastructure Fee may be
subject to further increase pursuant to the terms of any subsequent
resolutions to be adopted by the Mayor and Common Council as may be
deemed necessary in the best interests of the City.
Section 2. Voluntary
fee payer or developer, the
Infrastructure Fee set by this
Prepayment. At
total dollar
Resolution and
the option of a
amount of the
attributable to a
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parcel of property of such fee payer or developer within the
Verdemont Area may be vOluntarily prepaid immediately upon the
effective date of this Resolution and for a period of thirty (30)
days thereafter. Such voluntary prepayment will exempt the fee
payer or developer from paying any increases in the Infrastructure
Fee which may be attributable solely to an increase in the costs of
the Right-of-Way Improvements or the Public Improvements or the
financing of the Right-of-Way Improvements or the Public
Improvements. As an alternative, any fee payer or developer may (i)
receive as a credit towards the Infrastructure Fee attributable to
such fee payer or developer, all or a portion of the costs of any
Right-of-Way Improvements that may be or may have been acquired,
constructed or installed by such fee payer or developer or (ii) may
vOluntarily prepay only a portion of the initial Infrastructure Fee
subject to such fee payer or developer's commitment to pay the
remaining portion of the Infrastructure Fee as hereinafter
provided. In the event a fee payer or a developer opts to pay only
a portion of the Infrastructure Fee as hereinabove provided, the
portion to be prepaid shall equal thirty percent (30%) of the entire
Infrastructure Fee attributable to such fee payer or developer and
said fee payer or developer will execute an agreement with the City
whereby such fee payer or developer will agree to pay the remaining
balance of the Infrastructure Fee attributable to such fee payer or
developer, with interest accruing at twelve percent (12%) annually,
at the earlier of (i) the time such fee payer or developer would
otherwise be required to pay the Infrastructure Fee under the terms
of the December Urgency Ordinance or (ii) December 4, 1994.
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Section 3.
Time of Payment.
To the extent any fee
payer or developer does not voluntarily prepay the Infrastructure
Fee as provided in Section 2, hereof, the Infrastructure Fees as set
forth in this Resolution and attributable to a parcel of property of
such fee payer or developer within the Verdemont Area shall be paid
at the times and in the manner as set forth in the December Urgency
Ordinance.
Section 4.
This Resolution shall take effect upon the
date of its adoption and shall remain in effect for the same period
that the February Urgency Ordinance remains in effect.
I HEREBY CERTIFY that
adopted by the Mayor and
San Bernardino at a
held on the day of
the following vote, to wit:
the foregoing
Common Counci 1
resolution
of the
meeting
was duly
City of
thereof,
1990, by
AYES:
Council Members
NAYS:
ABSENT:
City Clerk
day of
The foregoing resolution is hereby approved this
, 1990.
Mayor of the City of
San Bernardino
Approved as to form and legal content:
JAMES F. PENMAN
City Attorney
B/~~ /
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STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, SHAUNA CLARK, City Clerk in
San Bernardino, 00 HEREBY CERTIFY that the
copy of San Bernardino City Resolution No.
true and correct copy of that now on file in this office.
and for the City of
foregoing and attached
is a full,
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
the official seal of the City of San Bernardino this day of
, 1990.
City Clerk
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CITY OF SAN BERNARDINO, CALIFORNIA
AGENDA
February 19, 1990
Item:
URGENCY ORDINANCE OF THE CITY OF SAN BERNARDINO,
CALIFORNIA, EXTENDING THE EFFECTIVE DATE OF AN
INFRASTRUCTURE DEVELOPMENT FEE PROGRAM FOR
RIGHT-OF-WAY IMPROVEMENTS AND PUBLIC IMPROVEMENTS IN
THE VERDEMONT AREA
Action to
be Taken:
Adopt Urgency Ordinance
To be
Published:
In accordance with City procedures
Certified copy of the Urgency Ordinance to be returned to Hawkins,
De1afie1d & Wood, attention: Andre de Bortnowski.
SBE00099-21/3505S
SBE00099-21/3505S/dc
02/08/90 0310
URGENCY ORDINANCE NO.
URGENCY ORDINANCE OF THE CITY OF SAN BERNARDINO,
CALIFORNIA, EXTENDING THE EFFECTIVE DATE OF AN
INFRASTRUCTURE DEVELOPMENT FEE PROGRAM FOR
RIGHT-OF-WAY IMPROVEMENTS AND PUBLIC IMPROVEMENTS
IN THE VERDEMONT AREA
NOW, THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO, CALIFORNIA, ORDAIN AS FOLLOWS:
Section 1.
The City of San Bernardino, California (the
lOCi ty") has previous 1y adopted an Urgency Ordinance on December 4,
1989 (the "December Urgency Ordinance"), establishing an interim
infrastructure fee program for the purposes of funding the costs of
certain right-of-way improvements and public improvements required
in the Verdemont Area of the City.
Section 2.
The
City
has
previously
extended
the
effective date of the December Urgency Ordinance for an additional
thi rty (30) days and has amended the terms of the December Urgency
Ordinance pursuant to a second Urgency Ordinance adopted on
January 3, 1990 (the "January Urgency Ordinance").
Section 3.
Any Fee Payer, as said term is defined in
the December Urgency Ordinance, or any developer who is subject to
the infrastructure fee established pursuant to the December Urgency
Ordinance (the "Infrastructure Fee") and who has voluntarily prepaid
the Infrastructure Fee in accordance with Section 6 of the December
Urgency Ordinance or who voluntarily prepays the Infrastructure Fee
- 1 -
(as provided for in Section 6 of the December Urgency Ordinance)
during the effective period of this Urgency Ordinance will be exempt
from paying any increases to said Infrastructure Fee which are
attributable to an increase in the actual costs or financing costs
associated with the acquisition, construction or installation of the
Public Improvements as such term is defined in Section 3(e) of the
December Urgency Ordinance.
Section 4. In accordance with California Government
Code Section 65962, the effective date of the December Urgency
Ordinance establishing the interim infrastructure fee program and as
amended pursuant to the January Urgency Ordinance is hereby extended
for thirty (30) days from the date of adoption hereof.
Section 5.
shall be effective
The provisions of this Urgency Ordinance
immediately. The City Clerk shall transmit a
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copy of this Urgency Ordinance to for publication as required by law
and in accordance with established City procedures.
I HEREBY
duly adopted by
San Bernardino at
held on the
to wit:
CERTIFY that the foregoing Urgency Ordinance was
the Mayor and Common Council of the City of
a meeting thereof,
day of , 1990, by the following vote,
AYES:
Council Members
NAYS:
ABSENT:
City Clerk
The foregoing Urgency Ordinance is hereby approved this
day of
, 1990.
Mayor of the City of
San Bernardino
Approved as to form and legal content:
JAMES F. PENMAN
City Attorney
By: /~~'r./-/~)
-./ J
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--
STATE OF CALIFORNIA )
COUNTY OF SAN B~RNARDINO) SSe
CITY OF SAN BERNARDINO )
I, SHAUNA CLARK, City Clerk in and for
San Bernardino, DO HEREBY CERTIFY that the foregoing
copy of San Bernardino City Urgency Ordinance No.
full, true and correct copy of that now on file in this
the City of
and attached
is a
office.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
the official seal of the City of San Bernardino this day of
, 1990.
City Clerk
- 4 -
SBE00099-19/3341S/dc
01/02/90 0515
ORDINANCE NO.
ORDINANCE OF THE CITY OF SAN BERNARDINO,
CALIFORNIA, ADDING CHAPTER 15.73 TO THE
SAN BERNARDINO MUNICIPAL CODE TO REQUIRE THE LEVY
OF AN INFRASTRUCTURE DEVELOPMENT FEE FOR
RIGHT~OF-WAY IMPROVEMENTS AND PUBLIC IMPROVEMENTS
IN THE VERDEMONT AREA
NOW, THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO, CALIFORNIA, ORDAIN AS FOLLOWS:
Section 1.
Chapter 15.73 is hereby added to the
San Bernardino Municipal Code to read as follows:
"15.73.010 Findinos 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")
within the Verdemont Area of the City in order to maintain
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3q.t
---
current levels of service if new development is to be
accommodated without decreasing current levels of service
and in order to ensure that the infrastructure system is in
conformity with the requirements of the city's General Plan;
(b) It
landowners within
both within the
generally, that
construction and
Improvements and
Verdemont Area;
is in the interests of the present
the Verdemont Area and the residents,
Verdemont Area and within the City
the City causes the acquisition,
installation of the Right-of-Way
the Public Improvements wi thin the
(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) create a need for the
acquisition, construction and installation of the Public
Improvements;
-2-
(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 public improvements;
(f) The
Infrastructure
Fees
established
by
Section 15.73.050 of this Chapter shall be calculated
pursuant to a resolution duly adopted by the Mayor and
Common Council simultaneously herewith (the "Resolution").
The Infrastructure Fees established by this 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 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
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--
--
--
Improvements as defined in Section 15.73.030(e)i provided,
however, that if such excess revenues are not generated,
then
the
Infrastructure
Fees
established
by
Section 15.73.050 of this Chapter and calculated pursuant
to the Resolution will be increased in accordance with the
terms of the Resolution or any subsequent resolution
adopted by the Mayor and the Common Council of the City 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 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 Chapter 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 Chapter is to regulate
the use and development of land so as to assure that new
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-
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--
development bears a proportionate
capital expenditures necessary to
Improvements and Public Improvements
benefit of the Verdemont Area; and
share of
provide
within
the cost of
Right-of-Way. .
or for the
(k) The City has the authority to enact this
Chapter pursuant to Section 66000, ~ gg., of the
California Government Code and Sections 40(z) and 40(aa) of
the Charter of the City of San Bernardino.
15.73.020
Rules of Construction
(a) The provisions of this Chapter 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 Chapter, unless otherwise stated in
this Chapter, the following rules of construction shall
apply to the text of this Chapter:
1. in the case of any difference of
meaning or implication between the text of this
Chapter and any caption, illustration or summary
table, the text shall control.
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--
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.
4.
The
word
"person"
includes
an
individual, a
unincorporated
entity.
corporation,
association, or
a partnership, an
any other similar
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.
15.73.030
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
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north of Kendall Drive and southeasterly of Pine as shown
in the Engineer's Report, and southwesterly of Route I-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.
(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.
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Portions of Palm Avenue
between Kendall Drive
and Verdemont Avenue
which portions are immediately
adjacent to undeveloped projects
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
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
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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
January 3, 1990.
(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
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 adj acent, the most proximate residentially
zoned property.
15.73.040
Persons Sub;ect to Infrastructure
~
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
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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
in the manner set forth in this Chapter.
15.73.050
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, and may be subject to increase pursuant to the
terms of any subsequent resolutions to be adopted by the
Mayor and Common Council which resolutions shall provide
for increases to the Infrastructure Fee in order to cover
any administrative and carrying costs incurred in
connection with the issuance of bonds required in order to
finance the acquisition, construction and installation of
all or any portion of the Right-of-Way Improvements and/or
the Public Improvements.
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
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revenues will be applied to fund the 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.
The above-referenced subsequent resolutions and
the dollar amount of the Infrastructure Fee initially
established pursuant to this Chapter and the Resolution
shall be reviewed and amended at least annually or more
often as may be necessary under the circumstances to
reflect any increases in costs.
(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 building permit or
permit for mobile home installation, the Infrastructure Fee
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--
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.
15.73.060
Time of pavment
(a) Except as may otherwise be provided in
subsection (b) 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 Chapter and adjusted pursuant to any
subsequent resolutions of the City as more fully described
in Section 15.73.050 hereof, 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, shall pay to the City the then applicable
Infrastructure Fee, as initially established pursuant to
this Chapter and adjusted pursuant to any subsequent
resolutions of the" City as more fully described in
Section 15.73.050 hereof, 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
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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
Ci ty 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
facili ties for which an account has been established and
funds have been appr'opriated, and for which the City has
adopted a p;pposed construction schedule or plan, or
(b) the applicable Infrastructure Fee will reimburse the
City for expenditures previously made by the City. All
applicants for permits for the installation of mobile homes
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--
will be subject to the procedures applicable to residential
developments set forth hereinabove.
(b) Any person or entity who would otherwise be
required to pay the Infrastructure Fee pursuant to
paragraph (a) hereinabove may receive as a credit towards
the Infrastructure Fee attributable to such person or
entity, all or a portion of the costs of any Right-of-Way
Improvements or Public Improvements that may be or may have
been acquired, constructed or installed by such person or
entity.
(c) 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 Chapter.
15.73 . 070
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 15.73.080 of this Chapter.
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15.73 . 080
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.
(b) No funds collected pursuant to this Chapter
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.
15.73.090
Refunds
(a) Any funds not expended or encumbered by the
end of the calendar quarter immediately following six 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
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....
--
--
Finance Officer within one hundred eighty (180) days of the
expiration of the six year period.
15.73 . 100
Penalties
A violation of this Chapter 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 Chapter.
15.73.110
Severabilitv
If any Section, phrase, sentence or portion of
this Chapter 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.
15.73.120
Other Fees
Notwithstanding the payment of Infrastructure
Fees as set forth in this Chapter, any developer or Fee
Payer shall be responsible for the payment of any
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---
~~.
--
--
applicable installation fees, sewer connection fees,. water
acquisition charges or other fees or charges levied by the
Ci ty 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 Chapter 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 Chapter in the initial dollar
amount (ii) pay any other on or off-site improvement fees,
assessments or special taxes 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
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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."
Section 2. The provisions of this Ordinance shall be
effective thirty (30) days from the date of adoption of this
Ordinance. The city Clerk shall transmit a copy of this Ordinance
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for publication as required by law and in accordance with
established City procedures.
I HEREBY CERTIFY that the foregoing Ordinance was duly
adopted by the Mayor and Common Counci 1 of the City of
San Bernardino at a
meeting thereof,
held on the
day of
, 1990, by the following vote,
to wit:
AYES:
Council Members
NAYS:
ABSENT:
City Clerk
The foregoing Ordinance is hereby approved this
day
of
, 1990.
Mayor of the City of
San Bernardino
Approved as to form and legal content:
JAMES F. PENMAN
City Attorney
By'~)
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