HomeMy WebLinkAbout23-City Manager ORIGINAL
CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION
From: Fred Wilson, City Manager Subject: RESOLUTION OF THE MAYOR
AND COMMON COUNCIL OF THE CITY OF
Dept: City Manager's Office SAN BERNARDINO SETTING THE AMOUNT
FOR STORM DRAIN DEVELOPMENT IMPACT
FEES, AND REPEALING RESOLUTION 93-381
Date: January 26, 2007
M/CC Meeting Date: 2-5-07
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 8'h, 2007 at 4:30 p.m.
January 8, 2007—Mayor and Common Council held public hearing and laid over the ordinance for final
adoption.
January 22, 2007— Mayor and Common Council adopt ordinance.
Recommended Motion:
That the public hearing be closed; adopt resolution.
ignature
Contact person: Catherine Allison Phone: 5122
Supporting data attached: staff report, and other info Ward: all
FUNDING REQUIREMENTS: Amount: None by this action.
Source: N/A
Finance:
Council Notes:
Agenda Item No.
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STAFF REPORT
Subiect•
Adjustment to the storm drain development impact fees.
Background:
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.
jThe 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 ears.
p Y
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 4`"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 Services/Engineering 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 131 of the Nexus Report. The
report recommends that Commercial Lodging and Commercial/Office be
considered as separate land uses. However, engineering staff believes 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 reflects staff recommendations.
Consistent with other recently established fees, the attached resolution allows
development projects for which an application for a tentative map was deemed
complete prior to July 18, 2005 to be subject to the fees that were in effect prior to
the adoption of this resolution. In addition, development projects that have
received all required entitlement approvals and have pre-paid the applicable fees
prior to the effective date of this resolution shall be subject to the fees in effect
prior to this resolution.
Proper notification was given to the public and the BIA for a public hearing that
was held on January 8th. At that time, the Mayor and Common Council laid over
the ordinance to establish a storm drain development impact fee. The newly
adopted fees will become effective 60 days after the adoption of the fee resolution.
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:
Adopt resolution.
K
1 RESOLUTION NO. COPY
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO ADOPTING A REVISED STORM DRAIN DEVELOPMENT IMPACT
3 FEE FOR THE CITY OF SAN BERNARDINO.
4 WHEREAS, the Mayor and Common Council of the City of San Bernardino has
heretofore established a Schedule of Fees for Storm Water Drainage Facilities Construction For Land
5 Subdivision and Development by Resolution 93-381; and
6 WHEREAS, the Storm Drain Development Impact Fee ("Fee") is intended to defray the
costs of construction of additional storm drain facilities necessitated by construction and
7 development of property, and shall be put to such use pursuant to the Development Impact Fee
Calculation and Nexus Report for the Storm Drainage System, dated October 2006 and the Master
8 Facilities Plan for the Storm Drainage System dated October, 2006, as both may be updated and
amended from time to time; and
9
WHEREAS,pursuant to the provisions of the California Constitution and the laws of the
lo State of California, the Charter of the City of San Bernardino, and Sections 3.27.105 and 3.38.040
of the San Bernardino Municipal Code, the City of San Bernardino is authorized to adopt,
11 implement, and increase such Fee; provided, however,that such Fee does not exceed the estimated
reasonable cost of the drainage facilities to be constructed; and
12
WHEREAS,the Fee has not been increased in fifteen years and is significantly lower than
13 nearby j urisdictions which are in the same market for the construction and development of property.
14 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
15
SECTION 1. The Mayor and Common Council hereby finds and determines that based
16
upon the data, information, analysis, oral and written documentation presented to the Mayor and
17
Common Council concerning the Fees described in Exhibit "A," attached hereto and by this
18
reference incorporated herein, the Fees set forth in said Exhibit "A" do not exceed the established
19
20 reasonable cost of constructing the storm drainage facilities for which the storm drainage Fees are
levied.
21
22 SECTION 2. The Fees set forth in Exhibit"A"and as further described below are hereby
adopted and approved.
23
SECTION 3. Except as provided in Section 4 below, the Fees set forth in Exhibit "A"
24
shall be effective and shall be implemented commencing sixty days following the date of adoption
25
of this Resolution.
26
27 SECTION 4. The Fees enacted by this Resolution shall not be imposed on the following:
28 A. Development projects for which an application for a tentative map was deemed
A/0 . �3
DHC\js[Resolutions\Storm Drain.Resolution] 1 � I
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO ADOPTING A REVISED STORM DRAIN DEVELOPMENT IMPACT
2 FEE FOR THE CITY OF SAN BERNARDINO.
3 complete prior to July 18, 2005, in accordance with Resolution 2005-255. Such projects will be
4 subject to the development impact fees that were in effect prior to the adoption of this Resolution
5 pursuant to Resolution 93-381.
6 B. Development projects that have received all required entitlement approvals and
7 pre-paid the applicable development impact fees pursuant to Resolution 93-381.
8 SECTION 5. The Fees shall be adjusted annually on July 15th of each year that the Fees
9 remain in force and effect in accordance with the changes, if any, in the Construction Cost Index
10 as published in the "Engineering News Record," or comparable publication as of that date. The
11 Development Impact Fee Calculation and Nexus Report for the Storm Drainage System and the
12 Master Facilities Plan for the Storm Drainage System of the City of San Bernardino shall be
13 reviewed and updated not less than once every two years, unless the Fee is repealed by the Mayor
14 and Common Council, or otherwise discontinued or terminated.
15 SECTION 6. Immediately upon the effective date of the Fees authorized herein, the
16 previously established Fees of Resolution No. 93-381 shall be,and the same are hereby, superseded
17 and repealed by the Storm Drain Development Impact Fees established in said Exhibit "A".
18 SECTION 7. The Building Official of the City of San Bernardino may authorize the
19 refund of any Fee collected pursuant to this resolution,in accordance with section 107.6 of the 2001
20 California Building Code, or as the same may be amended.
21 SECTION& The adoption of the Fees set forth in Exhibit"A"is statutorily exempt from
22 analysis under the California Environmental Quality Act pursuant to 14 California Code of
23 Regulations section 15273.
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DHC\js[Resolutions\Storm Drain.Resolution] 2
EBEL-
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO ADOPTING A REVISED STORM DRAIN DEVELOPMENT IMPACT
2 FEE FOR THE CITY OF SAN BERNARDINO.
3 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
4 Common Council of the City of San Bernardino at a meeting thereof, held on the
5 day of , 2007, by the following vote, to wit:
6 COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT
7 ESTRADA
8 BAXTER
9 BRINKER
10 DERRY
11 KELLEY
12 JOHNSON
13 MC CAMMACK
14
15 Rachel Clark, City Clerk
16
The foregoing Resolution is hereby approved this—day of , 2007.
17
18
19
PATRICK J. MORRIS, Mayor
20 City of San Bernardino
21 Approved as to form:
22 JAMES F. PENMAN,
City Attorney
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DHC\js[Resolutions\Storm Drain.Resolution] 3
EXHIBIT "A"
STORM DRAIN DEVELOPMENT IMPACT FEES
Detached Dwelling Units: $3,418 per unit
Attached Dwelling Units: $1,411 per unit
Mobile home units located in mobile home parks, or
manufactured housing located in manufactured housing
communities: $2,719 per unit
Commercial Lodging and Commercial/Office: *$0.774 per square foot of floor area
Industrial Users: *$0.982 per square foot of floor area
*Per square foot of floor area includes building areas, paving or other impervious surface areas.
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DHC/js IResolu;ions\Storm Drain Resolution.Exhibit AI