HomeMy WebLinkAbout30-City Manager
e
e
e
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Fred Wilson, City Manager
Subject: Public hearing to consider
adjusting the current storm drain
development impact fees.
Dept: City Manager's Office
Date: December 14, 2006
MICC Meeting Date: 1-8-2007
Synopsis of Previous Council Action:
November 22, 2006- Ways and Means Committee forwarded this item to the Mayor and Common Council
to set a public hearing.
December 4, 2006 - Mayor and Common Council set public hearing for January ath, 2007 at 4:30 p.m.
Recommended Motion:
That the hearing be closed, and that said ordinance Uiaid over for adoption.
~ ) (k10)
Signature
Contact person: Catherine Allison
Phone:
5122
Supporting data attached:
staff report, and other info
Ward:
all
FUNDING REQUIREMENTS: Amount: None by this action.
Source: NIA
Finance:
Council Notes:
Agenda Item No.
3C>
, I f[O,
STAFF REPORT
.
Subiect:
Public hearing to consider adjusting the current storm drain development impact fee.
Back2round:
In the spring of 2006, the Mayor and Common Council adopted Resolution 2006-97
increasing the development impact fees for police and fire facilities/equipment, aquatics
facilities, public meeting facilities, and library facilities/materials. The funds were approved
to help finance capital expenditures related to the provision of services to the community that
is strained by new development. At that time, the Mayor and Common Council requested
that staff research similar fee adjustments for the Verdemont area infrastructure fee and the
storm drain impact fee. While work on the Verdemont infrastructure fee continues, the storm
drain fee study is now complete and ready for consideration.
The City's existing storm drainage network is composed of street gutter facilities, pipes and
inlets which convey runoff to larger pipelines, creeks and ditches located throughout the city,
ultimately leading to the Santa Ana River. The City has charged an impact fee for storm
drainage systems for some time, but that fee has not been updated for over 15 years.
A consultant was retained to generate a development impact fee calculation for the storm
drainage system for the city. Attachments were previously distributed in the agenda materials
for the December 4th meeting, including:
.
Attachment A -Development Impact Fee Calculation and Nexus Report and Master
Facilities Plan for the Storm Drainage System for the City of San Bernardino (Nexus
Report).
Attachment B - Storm Drain Fee Comparison for Eight Typical Projects
Attachment C - Storm Drain Comparison City Survey
Attachment D - Impact Fee Comparison for Inland Empire Cities
The Nexus Report provides the basis for the fee imposed on new construction by analyzing
the Master Facility Plan for storm drainage facilities. In the Master Facilities Plan,
Development ServiceslEngineering staff has identified 136 storm. drainage projects
recommended to fully complete the City's network, which are estimated to cost
approximately $349 million.
Upon the identification of the costs of storm drainage facilities that are necessitated by future
development, costs must be distributed for each of the land uses based on their estimated
storm runoff. Detached dwellings provide the highest percentage of turf per parcel and result
in the least amount of runoff. Commercial and industrial developments, which generally
have little turf area, generate a higher amount of runoff. These varying amounts are referred
to as runoff coefficients.
.
The report assigns costs on a fair-share basis to the various types of development. It also
assigns the resulting fee per dwelling unit and per square foot for commercial/industrial
construction, based on the anticipated burden of such new development area on City facilities .
and infrastructure. The fees recommended by the consultant are found in Schedule 10.4, on
page 13 I of the Nexus Report. The report recommends that Commercial Lodging and
Commercial/Office be considered as separate land uses. However, engineering staff believes
e
that it will be more equitable to charge Commercial Lodging at the Commercial/Office rate,
based on square footage of floor area rather than on a per unit basis. The proposed fee
resolution (attached) reflects staff recommendations.
Following the closing of the public hearing, and the first reading of the ordinance, the next
step will be a second reading of the ordinance and the adoption of the resolution (attached for
reference, to be considered on January 22, 2007). The newly adopted fees would then
become effective 60 days after that date.
Financial Impact
The adoption of revised storm drain fees would generate approximately $116 million in
revenue for storm drain construction through' General Plan build out. The City currently
collects $600,000 to $800,000 per year in storm drainage impact fees. Engineering staff
estimates that the new fee schedule will generate an additional $1 - $1.7 million annually,
depending upon the level of development activity. As with other development impact fee
revenues, they may only be used to fund storm drainage projects identified in the Master
Facilities Plan.
Recommendation:
That the hearing be closed, and that said ordinance be laid over for adoption.
e
e
e
e
e
1
2
ORDINANCE NO.
3 ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER
4 3.27.105 TO THE SAN BERNARDINO MUNICIPAL CODE TO ESTABLISH A
STORM DRAIN DEVELOPMENT IMPACT FEE, AND AMENDING CHAPTERS
5 3.27.020 AND 3.27.110 OF THE SAN BERNARDINO MUNICIPAL CODE.
6
7
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO DO ORDAIN AS FOLLOWS:
8 SECTION l.
to read as follows:
9
10
11
12
13
Chapter 3.27.105 is added to the San Bernardino Municipal Code
3.27.105 Storm Drain Development 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 the need for additional storm drainage structures and improvements to handle runoff
from surface and storm waters. As a result. the addition of storm drainage facilities will be
needed to maintain the current level of service.
14
(B) Pursuant to Article 11,97 of the California Constitution, the city is empowered to
15 enact measures that protect the health, safety, and welfare of its citizens.
16 (C) The provision of storm drainage facilities is identified in the Storm Drainage
Facilities section of the Master Facility Plan and is necessary to provide adequate storm
17 drainage facilities within the city.
18
19
20
21
22
23
24
25
26
27
28
(D) The development impact fee report describes in detail the additional storm drainage
facilities needed for the affected territory and estimates of the costs for those facilities.
(E) The entire affected territory will derive benefit from the storm drainage 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 approves the
development impact fee report and the addendum thereto, and based thereon finds that new
residential and other development in the affected territory will create storm drainage impacts
which the installation of storm drainage facilities funded by this chapter will offset.
III
III
III
III
III
#30
;. g D7
e
e
e
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER
3.27.105 TO THE SAN BERNARDINO MUNICIPAL CODE TO ESTABLISH A
STORM DRAIN DEVELOPMENT IMP ACT FEE, AND AMENDING CHAPTERS
3.27.020 AND 3.27.110 OF THE SAN BERNARDINO MUNICIPAL CODE.
(0) The Mayor and Common Council also find that the costs of the storm drainage
facilities funded by this chapter are apportioned relative to the anticipated impacts created by
residential and other development within the affected territory, and that the fees are fairly
apportioned on individual dwelling units and/or commercial/industrial square footage,
throughout the affected territory on the basis of benefits conferred on property proposed for
.residential and other 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 fee impact 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 storm drain development impact 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.
SECTION 2. Chapter 3.27.020 of the San Bernardino Municipal Code is
amended to read as follows:
(B) "Commercial/retail/office or industrial/manufacturing development project" means the
construction of new or additional gross square footage of building area for commercial
(including lodging, schools, religious facilities, hospitals, etc.), retail, office, industrial or
manufacturing purposes.
SECTION 3. Chapter 3.27.1 10 of the San Bernardino Municipal Code is
amended to read as follows:
3.27.110 Accounting and disbursement offees.
(A) Each of the fees paid pursuant to this chapter shall be placed in a separate fund, ~ach of
which may be further segregated by specific projects. These funds shail be known, respectively
as:
(\) The Law Enforcement Development Fee Fund;
(2) The Fire Protection Development Fee Fund;
(3) The Local Circulation System Development Fee Fund;
2
1
e
4
5
(6)
The AS 1600 Parkland and Open Space Acquisition and Park Improvement
Development Fee Fund
6
7
e
(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.
(10) The Storm Drainage Impact Fee Fund.
(B) These funds, and interest earned thereon, shall be expended solely for construction
11 andlor acquisition of the corresponding public facilities as shown in the Master Facility Plan, or
12 for reimbursement for construction andlor acquisition of those public facilities.
III
13 III
14 III
15 III
8
9
10
16 III
17 III
18 III
19 III
20 III
21 III
22 III
23 III
24 III
25 III
26 III
27 III
e 28
3
e
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
e
e
ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER
3.27.105 TO THE SAN BERNARDINO MUNICIPAL CODE TO ESTABLISH A
STORM DRAIN DEVELOPMENT IMP ACT FEE, AND AMENDING CHAPTERS
3.27.020 AND 3.27.110 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 a meeting thereof, held on the
_ day of
,2007, by the following vote, to wit:
Council Members:
AYES
NAYS
ABSTAIN ABSENT
ESTRADA
BAXTER
BRINKER
DERRY
KELLEY
JOHNSON
MC CAMMACK
City Clerk
The foregoing ordinance is hereby approved this
day of
2007.
Patrick 1. Morris, Mayor
City of San Bernardino
Approved as to form:
JAMES F. PENMAN
City Attorney /} /
By: .f"/
(j
4
e
e
e
V@ oorn @@!m@o[IDrn(K@[ID dJ&!mM&ffiYl ~~ ~@@~
1
2
RESOLUTION NO.
3 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO SETTING THE AMOUNT FOR STORM DRAIN
4 DEVELOPMENT IMPACT FEES, AND REPEALING RESOLUTION 93-381
5 WHEREAS, Revenue and Cost Specialist has completed the "Master F . ties Plan for
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
the Storm Drainage System for the City of San Bernardino", w i
h II b known as
Addendum Number I to the original "Development Impact
dated January 2006;
o
BE IT RESOLVED BY TH
~
of
r
A
its:
IS: 2
per Unit
D
ging and Commercial/Office: $0.774 per Square Foot offioor area
E.
$0.982 per Square Foot offioor area
SECTION 2. Payments of fees established by this resolution shall be due and payable
prior to issuance of a building permit after the effective date of this resolution for construction
of any residential, commercial, or industrial unit with the exception of the following:
A. Development projects for which an application for a tentative map was deemed
complete prior to July 18,2005, in accordance with Resolution 2005-255. Such projects will
be subject to the development impact fees that were in effect prior to the adoption of this
resolution.
e
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
e 28
e
lJ@ ~~ @@~@O[ID~[K@[ID ~~QJJ&m)1 ~9 ~@@{7
1
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO SETTING THE AMOUNT FOR STORM DRAIN
3 DEVELOPMENT IMPACT FEES, AND REPEALING RESOLUTION 93-381
B.
Development projects that have received all required entitlement approvals and
pre-paid the applicable development impact fees prior to the effective date of
resolution.
Such projects will be subject to the development impact fees that
ffect prior to the
effective date of this resolution.
SECTION 4.
to
in the event the building permit expir
u
tin32)
Code.
SECTION
lis e
Y tire utlO shall be adjusted
1
t In e a published in the
t at date. At least every two
'c ion
P ct
e exu S u and Master Facilities Plan will be
on 93-381 is hereby repealed effective sixty (60) days
IS olution.
III
11/
11/
11/
11/
11/
11/
11/
2
e
e
lJ@ ~~ @@~@~@)~~[ID dJ&~M&ffi11 ~g ~@@71
1
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
2 BERNARDINO SETTING THE AMOUNT FOR STORM DRAIN DEVELOPMENT
3 IMPACT FEES, AND REPEALING RESOLUTION 93-381
4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
5 and Common Council of the City of San Bernardino at a . meeting t
6 _ day of ,2007, by the following vote, to wit:
7
8 Council Members:
AYES
NAY
S
9 ESTRADA
10 BAXTER
11 BRINKER
12
13
14
15
16
17
18
19
20 2 0 .
21
22
23
24
~
~ ~
K
City Clerk
omg resolution is hereby approved this.
day of
Patrick J. Morris, Mayor
City of San Bernardino
Approved as to form:
JAMES F. PENMAN
25 City Attorney
By:
26
27
e 28
3