Loading...
HomeMy WebLinkAboutMC-1238 Adopted: Effective: January 22, 2007 February 22, 2007 1 2 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 ORDINANCE NO. MC-1238 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: 8 SECTION 1. to read as follows: 9 10 11 12 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 13 needed to maintain the current level of service. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (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 storm drainage facilities is identified in the Storm Drainage Facilities section of the Master Facility Plan and is necessary to provide adequate storm drainage facilities within the city. (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 I MC-1238 ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER 1 3.27.105 TO THE SAN BERNARDINO MUNICIPAL CODE TO ESTABLISH A 2 STORM DRAIN DEVELOPMENT IMP ACT FEE, AND AMENDING CHAPTERS 3.27.020 AND 3.27.110 OF THE SAN BERNARDINO MUNICIPAL CODE. 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 (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. (1) 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 3.27.110 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, 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; 2 KC-1238 ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER 1 3.27.105 TO THE SAN BERNARDINO MUNICIPAL CODE TO ESTABLISH A STORM DRAIN DEVELOPMENT IMPACT FEE, AND AMENDING CHAPTERS 2 3.27.020 AND 3.27.110 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; 3 4 5 6 7 8 9 10 (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. (10) The Storm Drainage Impact 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 12 for reimbursement for construction and/or acquisition of those public facilities. III 13 III 14 III 15 III 16 III 17 III 11 18 III 19 III 20 III 21 22 III 23 III 24 III 25 III 26 III 27 III 28 III 3 MC-1238 1 ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER 3.27.105 TO THE SAN BERNARDINO MUNICIPAL CODE TO ESTABLISH A STORM DRAIN DEVELOPMENT IMPACT FEE, AND AMENDING CHAPTERS 3.27.020 AND 3.27.110 OF THE SAN BERNARDINO MUNICIPAL CODE. 2 3 4 5 22nd day of Januarv 6 7 8 9 10 I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor and Conunon Council of the City of San Bernardino at a j~~~t meeting thereof, held on the ,2007, by the following vote, to wit: Council Members: AYES NAYS ABSTAIN ABSENT ESTRADA x BAXTER x BRINKER x 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DERRY ~ KELLEY ~ JOHNSON x MC CAMMACK ~ ~b.~ City Clerk The foregoing ordinance is hereby approved this ~3 ~ day of January, 2007. ~~~ Tobin Brinker, Mayor Pro Tem City of San Bernardino Approved as to form: JAMES F. PENMAN ~r'Y22L 4