HomeMy WebLinkAbout33-Public Works
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SBE00099-5/3259S/dc
11/28/89 0315
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 Findinas and Determinations
The Mayor and Conunon 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
and
related
infrastructure
Right-of-Way
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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current levels of service if new development is to be
accommodated without decreasing current levels of service;
(b) It is in the interests of the present
landowners within the Verdemont Area and the residents,
both within the Verdemont Area and within the City
generally,
construction
that
the
City
causes
the
acquisition,
and
installation
of
the
Right-of-Way
Improvements and the Public Improvements wi thin the
Verdemont Area;
(c) The imposition of infrastructure development
fees (the .Infrastructure Fees.) is one of the preferred
methods of ensuring that development in the Verdemont Area
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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) overburden the existing
pUblic facilities requiring the acquisition, construction
and installation of the Public Improvements;
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. (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
within the Verdemont Area by providing additional traffic
flow capacity and other required public improvements;
(f) The Infrastructure Fees established by
Section 15.73.050 of this Chapter 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.
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(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 and the Public
Improvements as defined in Section 15.73. 030(e); provided,
however, that if such excess revenues are not generated,
then the Infrastructure Fees established by
Section 15.73.050 will be increased in accordance with
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Section 15.73.050 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
eztent 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
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Right-of-Way Improvements and the Public Improvements in
t~e '!e!demont Ar}l~i..-c_
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(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
development bears a proportionate share of the cost of
capital ezpenditures necessary to provide Right-of-Way
Improvements and Public Improvements within or for the
benefit of the Verdemont Area; and
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(k) The city has the authority to enact
this
Chapter
pursuant
to Section 66000,
nus.,
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.
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
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singular number shall include
plural the singular unless
indicates to the contrary.
the
the
plural,
context
and the
clearly
4.
The
word "person"
corporation, a
association, or
includes an
partnership, an
any other similar
individual, a
unincorporated
entity.
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.
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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 Counci 1 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
southwesterly of Route 1-215 Freeway, from Palm Avenue to
the northerly boundary of the Verdemont Area Plan and all
as more fully described in the Engineer's Report.
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(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,
necessi tates 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.
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- -(Q) "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.
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
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Little League Drive
Irvington to Verdemont
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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)
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Frontage Roage
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
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
November 17, 1989.
(g) -Equivalent Dwelling Unit- shall refer to a
numerical
value
designation
for
residentially zoned
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property whereby one (1) Equivalent Dwelling Unit is
equivalent to a single residential unit whether such unit
be a single family attached or detached unit, or
multi-family unit with 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 adjacent, the most proximate residentially
zoned property.
15.73.040
Persons Subiect to Infrastructure
En
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Any~li~on-.'WhO seeks to develop land within "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
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
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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 $7,368.69 per
Equivalent Dwelling Unit and shall 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
ezcess revenues generated in connection with the levy of
the Infrastructure Fee in the initial dollar amounts and to
the eztent any such ezcess revenues do ezist, said ezcess
revenues will be applied to fund the costs of the
acquisition, construction and installation of the Public
Improvements. To the eztent said ezcess revenues -do not
ezist, 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.
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The above-referenced subsequent
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resolutions a~!
the
dollar amount of the Infrastructure
Fee initially
established pursuant to this Chapter 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
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
Voluntary PreDavrnent
At the option of the Fee Payer, the dollar amount
of the Infrastructure Fee established pursuant to this
Chapter for the acquisition, construction and installation
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inunediately
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of the Right-of-Way Improvements may be paid
upon the effective date of this Chapter and for a period of
two (2) weeks thereafter. In the event a Fee Payer pays
the Infrastructure Fee during such period, the Fee Payer
shall only be required to pay the Infrastructure Fee
established
in
this
Chapter
for
the
Right-of-Way
Improvements and as set forth in Section 15.73.050 and will
not be required to pay any increases thereto as the result
of escalations in construction costs, interest or carrying
charges which may be required to increase the dollar amount
of the Infrastructure Fee for the purposes of causing the
issuance of bonds in order to provide funding for the
acquisition,
construction
and
installation
of
the
Right-of-way Improvements within the Verdemont Area. Such
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volunt1lry?repayment of the initial Infrastructure Fee o,r
any subsequent payment of the Infrastructure Fee in such
dollar amount as may be established by resolution of the
Mayor and Conunon Council for the Right-of-Way Improvements
will not waive, modify or release the Fee Payer's
obligation to pay, to the extent permitted by law, any
subsequent increase in the Infrastructure Fee which is
attributable solely to causing the funding of the Public
Improvements nor shall such Fee Payer be relieved of paying
any other benefit assessment or special tax that may be
legally assessed or levied against property of the Fee
Payer and any successors in interest in such property
within the Verdemont Area for the Public Improvements;
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provided, however, that to the extent any revenues
generated in connection with a Fee Payer' s prepayment of
the initial Infrastructure Fee are used for the purposes of
funding the costs of the Public Improvements either in
whole or in part, such Fee Payer will be credited for such
payments of a portion of the costs of the Public
Improvements in proportion to the amount of the initial
Infrastructure Fee actually paid which is attributable to
the Public Improvement costs.
15.73.070
Time of PaYment
(a) Except
as
otherwise
provided
in
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Section 15.73.060 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
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described in
.
resolutions
of the
City
as
more
fully
Section 15.73.060 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
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
City 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
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~aPplicant and:8~licant shall be required to sUbmiT-;
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 wi 11 be
collected from the subdivider for public improvements or
facilities for which an account has been established and
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funds have been appropriated,
b l_.li.
and for which the Ci tD~ ,"' .. I
adopted a proposed 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
will be sUbject to the procedures applicable to residential
developments set forth hereinabove.
(b) 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
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for the purposes specified in this Chapter.
15,73.080
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 15.73.090 of this Chapter.
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15.73.090
Use of Funds
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(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.
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(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.
15.73.100
Refunds
(a) Any funds not expended or encumbered by the
end of the calendar quarter immediately following six years
from the date the Infrastructu~e 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.
15.73.110
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.
15.73.120
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.
15.73.130
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
city 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
acquisi tion, 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
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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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benefi t 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 to 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 Council of the City of
San.~Bernardino
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meeting
thereof, held on the
day of
1989, by the
,
following vote, to wit:
AYES:
Council Members
NAYS:
ABSENT:
City Clerk
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The foregoing Ordinance is hereby approved this
day
of
, 1989.
Mayor of the City of
San Bernardino
Approved as to form and legal content:
By:
City Attorney
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss.
CITY OF SAN BERNARDINO )
and for
foregoing
is
the City of
and attached
a full, true
I, SHAUNA CLARK, City Clerk in
San Bernardino, DO HEREBY CERTIFY that the
copy of San Bernardino City Ordinance No.
and correct copy of that now on file in this office.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
the official seal of the City of San Bernardino this day of
, 1989.
City Clerk
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RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING THE
VERDEMONT AREA PUBLIC WORKS INFRASTRUCTURE FINANCING PLAN.
RECITALS
WHEREAS, the Verdemont Area is experiencing a rapid rate
of development; and
WHEREAS, the existing public works infrastructure system
was
installed many years ago to serve the few low density
residential units in the area; and
WHEREAS, the existing streets are not paved to the
planned ultimate width or grade, and are not improved with curbs
and gutters, sidewalk, street lights, landscaping, sewer and
water service; and
WHEREAS, the existing public works infrastructure system
is not adequate to accommodate the ever increasing volumes of
pedestrian and vehicular traffic that are generated by the new
developments; and
WHEREAS, developers are hampered by the absence of fully
improved streets, which necessitate conditions of approval that
dictate off-site improvements to provide the second means of
dedicated and paved emergency acces_s and to provide water and
sewer service to their developments; and
WHEREAS, the absence of a fully improved street system is
an impediment to the marketing activities for the new residential
units; and
WHEREAS, it is imperative that an acceptable plan be
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adopted to provide the necessary financing to construct a
complete system of public works infrastructure in the Verdemont
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Area; and
WHEREAS, an Engineering Study has been prepared to
identify the required public works infrastructure improvements
and determine the amount of fee for the development rights to
provide the necessary revenue to finance the identified
improvements.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON
COUNCIL OF THE CITY OF SAN BERNARDINO, AS FOLLOWS:
SECTION 1.
That the Verdemont Area Public Works
Infrastructure Financing Plan, a copy of which is attached
hereto, marked Exhibit "A" and incorporated herein a fully as
though set forth at length herein, is hereby approved and
adopted.
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at a meeting thereof, held on the
____day of , 1989, by the following vote, to-wit:
AYES: Council Members
NAYS:
ABSENT:
City Clerk
The foregoing resolution is hereby approved this
__day of
, 1989.
Approved as to form
and legal content:
W. R. Holcomb, Mayor
City of San Bernardino
27 James F. Penman
City Attorney
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EXHIBIT "An
CITY OF SAN BERNARDINO
VERDEMONT AREA PUBLIC WORKS INFRASTRUCTURE
FINANCING PLAN
BACltGROUND --
I
The Verdemont Area is experiencing a rapid rate of development.
The existing public works infrastructure system was installed.
many years ago to serve the small number of low density resi-
dential units in the area. The existing streets are not paved to
the planned ultimate width or grade, and are not improved I~ith
curbs and gutters, sidewalks, street lights, landscaping, sewer
and water service. The existing infrastructure system is deemed
not adequate to accommodate the ever increasing volumes of
pedestrian and vehicular traffic that are generated by new
developments.
.
Development in the Verdemont Area is hampered by the absence of a
fully improved street system, which necessitates conditions of
approval that dictate construction of off-site improvements to
provide the second means of dedicated and paved access, and to
obtain water and sewer service. Construction of an adequate
infrastructure system is deemed essential for the continuation of
orderly growth in the Verdemont Area.
DESCRIPTION OF NEEDED IMPROVEMENTS --
An Engineering Study has been conducted to identify the
improvements required to provide the desired infrastructure
system. This study has identified the sections of the major
streets (basically those on the quarter mile grid) that need to
be improved.. Improvements will consist of full width paving,
curbs and gutter, sidewalks, street lights, sewer mains and water
mains. Provisions have been made to complete landscaping, parks,
a fire station and improve drainage systems in the designated
area with any funds collected but not expended on the basic
designated infrastructure. Also, any investment or interest
income earned by the development rights fund may be used for this
additional work. The Mayor and Common Council shall set the
priority of these items upon the final determination of the
available balance after the basic infrastructure has been com-
pleted.
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The total estimated cost for these improvements is $22.9 million.
Based upon densities authorized by the General Plan, it is esti-
mated that an additional 3100 equivalent dwelling units can be
constructed in the Verdemont Area. It is envisioned that the
needed improvements will necessarily be constructed in phases, as
required to serve developments.
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The sections of streets that are in need of improvements are
!lhown on the map attached as Appendi:: "I", and further described
in the Engineer's Report.
SALE OP DBVELOPMER'l' RIGHTS
In order to generate funds to "up front" the cost of constructing
the necessary improvements, a plan to sell Development Rights
will be implemented. Under this plan, a Development Right will
have to be purchased before a building permit is issued. An
equivalent dwelling unit will be used for non-residential
developments.
There are some basic premises of this program which are as
follows:
1. Future developers must expect to pay for infrastructure im-
provements in advance.
2. Construction of these improvements is necessary to allow for
development to continue to occur.
3. Deferring the purchase of Development Rights will only result
in substantially higher costs in the future for these
improvements.
4. Development Rights will initially be offered to property
owners, but any un-sold rights will be made available to the
general public.
5. The City of San Bernardino will be responsible for
construction of needed improvements, on the streets identi-
fied on the attached map.
6. The purchase of Development Rights will not obviate the pay-
ment of normal development fees, such as sewer plant capacity
fees, sewer connection fees, park development fees, water
acquisition fees, etc.
The sale of'Development Rights will be limited to a total number
of 3,100, which is the theoretical number of equivalent dwelling
units allowed by the General Plan. Development Rights will be
limited to the number of equivalent dwelling units allowed by the
General Plan for each parcel. A refund will be paid, at the
purchase price, for any Development Rights not actually used by a
development.
Development Rights sold to members of the general public will not
be assigned to specific parcels, but only up to the number of
equivalent dwelling units allowed by the General Plan for this
area.
The City retains the right to recall all Development Rights sold
to members of the general public at any time. Payment will be
made to the purchaser, at the rate in effect at the time of re-
call. Development Rights shall be recalled starting with those
most recently sold.
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PROCEDURE TO PURCHASE DEVELOPMENT RIGHTS --
The procedure to purchase Development Rights shall be one of the
following:
1.
Submittal of an Application and Purchase Agreement,
check, cashier's check, or Ip.tter of credit, in the
the number of equivalent dwelling units times
currently in effect.
certified
amount of
the rate
2. Submittal of an Application and Purchase Agreement, certifi~d
check, cashier's check, or letter of credit, in the amount of
30% of the number of equivalent dwelling units times the rate
currently in effect. The balance of 70% will be paid over a
five year period, and at a 12% interest rate on the unpaid
balance as provided in the Purchase Agreement.
These items will be ~ubmitted to the Department of Public Works.
Equivalent dwelling units for non-residential developments will
be based upon the number of lots that could be created on the
parcel, with the density for adjoining parcels allowed by the
General Plan.
The City may, at its sole option, will construct or enter into an
Agreement with a developer for reimbursement of the cost incurred
for constructing improvements on the stre~ts shown on the
attached plan as having inadequate infrastructure.
Letters of credit shall be on the attached form or approved
equal.
RATE SCBEDOLE
The rate schedule for the purchase of Development Rights shall be
as follows:
Effective Date
Adoption
1-8-91
1-8-92
1-8-93
1-8-94
Rate Schedule
$ 7,369.00
8,474.00
9,745.00
10,720.00
11,792.00
The above schedule reflects an increase of approximately 15% for
the first 3 years, and approximately 10% for the next 2 years.
The ~ale of Development Rights will be
of the Mayor and Common Council,
Department of Public Works.
under the policy direction
and administered by the
Development Rights may only be resold to the City of San
Bernardino. Any holder of Development Rights may elect to resell
them at any time to the City of San Bernardino, subject to
approval of the Mayor and Common Council, for the rate currently
in effect.
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INCEN'l'IVES
In order
developers
advantages
TO DEVELOPERS
to be successful, this plan must
that it provides distinct advantages.
are:
demonstrate to
Some of these
1. Avoid annual escalation in cost.
2. Guaranteed availability of water and sewer mains.
3. Avoidance of need to construct transition sections on through
streets.
4. Guarantee two means of dedicated and paved access roads.
5. Improve response time for emergency vehicles.
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6. Enhance marketability of new houses by improved appearance of
area.
7. Ensure continued normal processing for developments.
ANTICIPATED SCHEDULE--
The anticipated schedule for implementation of this plan is as
follows:
Activity
Hold Public Hearing
Date
11-06-89
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First Reading of Ordinance
& Adoption of Resolution
11-06-89
Prepare Information Materials
& Mail Notices to Property Owners
12-04-89
12-04-89
01-01-90
01-08-90
Second Reading of Ordinance
Ordinance in Effect
Start. Sale of Development Rights
SUPPORTING DOCUMEH'l's--
Copies of the application, purchase agreement, sample letter of
credit, assignment form, and log of purchase agreements, are
attached for reference.
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CITY OF SAN BERNARDINO
California
STAFF REPORT
TO: Mayor and Common Council
FROM: City Staff
SUBJECT: Adoption of Urgency Ordinance of the City of San Bernardino,
California Establishing the Levy of an Infrastructure Fee to Finance
the Costs of Right-of-Way Improvements and Public Improvements in
the Verdemont Area
Adoption of Resolution of the City of San Bernardino Setting the
Amount of the Infrastructure Fee
DATE:
December 4, 1989
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 allow further private development
within the area. The existing infrastructure system is inadequate to serve
any additional development, and accordingly, development should not continue
without 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, City Staff proposes that the City
adopt an urgency measure in order to ensure the provision of funding prior to
the commencement of any additional development. Such action is necessary in
order to preserve the health and welfare of the community and in such
circumstances, is authorized pursuant to Section 65962(c) of the California
Government Code.
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ANALYSIS
(a) Ur2encv Ordinance
The Urgency Ordinance referenced above authorizes the levy of an
infrastructure fee in connection with any new development in order to
provide revenues to fund the costs of certain public improvements. The
public improvements are divided into two (2) categories. The first are
designated as "Right-of-Way Improvements" and include the acquisition,
construction and installation of full-width street improvements throughout
the area including sidewalks, curbs, gutters, parking, street lights,
water mains and sewer mains. The second category of public improvements
are designated as the "Public Improvements" and include the acquisition,
construction and installation of fire facilities, park facilities,
drainage facilities and landscaping. The Right-of-Way Improvements and
the Public Improvements are more specifically described in that certain
Engineer's Report prepared in conjunction herewith.
In addition to authorizing the levy of the infrastructure fees, the
Urgency Ordinance further provides for a voluntary prepayment period
whereby a developer or fee payer for a specific parcel of property may pay
the fee within thirty (30) days of the adoption of the Urgency Ordinance
and thereafter be exempt from any subsequent increases to such fee which
are attributable to increased costs of the Right-of-Way Improvements or
financing charges incurred in connection with the financing of the
Right-of-Way Improvements.
(b) Resolution Settin2 Fees
The Resolution sets the initial infrastructure fee and provides for
subsequent increases in the infrastructure fee. The initial
infrastructure fee shall be in the amount of Seven Thousand Three Hundred
Sixty-Eight Dollars and Sixty-Nine Cents ($7,386.69) for a single family
dwelling unit or an equivalent dwelling unit. The first moneys generated
through the levy of the infrastructure fee will provide funding for the
provision of the Right-of-Way Improvements only. However, to the extent
the levy of the initial infrastructure fee generates additional revenues,
such additional revenues will be used for the construction or installation
of the Public Improvements. To the extent excess revenues are not
generated through the levy of the initial infrastructure fee, the
infrastructure fee will be subject to increases pursuant to subsequent
resolutions, duly adopted by the Mayor and Common Council of the City of
San Bernardino, which resolutions shall increase the infrastructure fee in
order to cover the costs of the Public Improvements and to cover any
additional financing charges which may be incurred in financing the
Right-of-Way Improvements and/or the Public Improvements.
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Page 3
The Resolution further provides that any developer or fee payer may prepay
only a portion of the initial infrastructure fee in an amount equal to
thirty percent (30%) of the infrastructure fee attributable to such fee
payer or developer. In such eases, the fee payer or developer shall
execute an agreement with the City to pay the remaining balance of the
infrastructure fee, with twelve percent (12%) interest thereon, at the
earlier of (i) the time the infrastructure fee would otherwise be due
under the terms of the Urgency Ordinance or (ii) five (5) years from the
date of adoption of the Resolution.
CONCLUSIONS AND RECOMMENDATIONS
City Staff recommends that the Mayor and Common Council adopt the attached
Urgency Ordinance and the attached Resolution.
SBE00099-6/3262S