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ORDINANCE NO.
2 ORDINANCE OF THE CITY OF SA~ BERNARDINO ADDING CHAPTER
15.73 TO THE SAN BERNARDINO MUNICIPAL CODE TO REQUIRE 'HE
3 PURCHASE OF DEVELOPMENT RIGHTS AS A CONDITION FOR ISSUANCE OF A
BUILDING PERMIT IN THE VERDEMONT AREA.
4
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
5 DO ORDAIN AS FOLLOWS:
6
SECTION 1.
Chapter 15.73 is hereby added to the San
7 Bernardino Municipal Code to read as follows:
8 "15.73.010 Acquisition of Development Rights
9 No building permit shall be issued within the
10 Verdemont Area without the applicant first having secured a
11 Development Right for each proposed Single Family Dwelling
12 Unit and Development Rights based on Equivalent 'Dwelling
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Units for Commercial or Industrial Development. A written
application, along with the fee(s) established by
resolution, shall be submitted to the Director of Public
Works/City Engineer, and a Purchase Agreement executed, for
every development proposed within the Verdamont Area.
15.73.020 Definitions
(a) Verdemont Area - The Verdemont Area is defined as that
area of the City of San Bernardino del~neated 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 Area Plan to Palm Avenue, and southwesterly of Route
1-215 Freeway, from Palm Avenue to the northerly boundary
of the Area Plan.
(b) Development - Development shall mean every project for
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1 ORDINANCE...ADDING CHAPTER 15.73 TO THE SAN BERNARDINO MUNICIPAL
CODE TO REQUIRE THE PURCHASE OF DEVELOPMENT RIGHTS AS A CONDITION
2 FOR ISSUANCE OF A BUILDING PERMIT IN THE VERDEMONT AREA.
3 which a building permit is required, except that it shall
4 not include those projects increasing either the size or
5 value of a single family residence by 25t or less.
6 15.73.030 Vested Rights; Compliance with other laws
7 The purchase of said Development Rights shall not
8 create a vested right to develop a certain number of units
or to develop at all. Nothing in this Chapter shall be
deemed to supersede or to obviate compliance with any other
statute, ordinance or regulation affecting the development,
nor with the fees adopted pursuant thereto. Nothing in
this Chapter nor the purchase or sale of any number of
Development Rights shall preclude the City from revising
its General Plan or its zoning districts to increase or
decrease the available density.
Despite the purchase of Development Rights, the
developer shall still be responsible for any applicable
installation fes, sewer connection fees, water acquisition
charges and any on or off-site improvements as the
situation requires prior to the building permits being
issued.
15.73.040 Limited Number
The total number of Development Rights sold shall not
exceed 3,915.
Should the authorized density for the
Verdemont Area be increased or decreased, this number will
be changed accordingly.
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1 ORDINANCE...ADDING CHAPTER 15.73 TO THE SAN BERNARDINO MUNICIPAL
CODE TO REQUIRE THE PURCHASE OF DEVELOPMENT RIGHTS AS A CONDITION
2 FOR ISSUANCE OF A BUILDING PERMIT IN THE VERDEMONT AREA.
3 15.73.050 Recall by City
4 The City retains the right to recall any and all
Development Rights sold at any time.
Payment upon recall
will be made to the purchaser at the current rate in effect
at the time of recall. Development Rights will be recalled
starting with those most recently sold.
The Mayor and
Council shall by resolution establish the current rate of
the Development Rights.
No pro rata payment based on
portions of a year shall be made.
15.73.060 Credit against fees
The Development Rights shall serve to offset the cost
of certain infrastructure needs in the Verdemont area as
identified in the Engineering study on file in the office
of the Director of Public Works/City Engineer.
It is
estimated that the actual cost of such improvements would
meet or exceed the cost of such Development Rights. As an
incentive to early development of the infrastructure as
described in this chapter any amount of infrastructure
costs in excess of the current cost of the Development
Rights is hereby waived by the Mayor and Common Council
irrespective of any other provision or lack thereof, of the
San Bernardino Municipal Code. Any landowner or developer
installing the above specified infrastructure improvements
after the adoption of this Chapter but prior to the
effective date thereof shall receive a reimbursement for
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1 O~~NANCE...ADDING CHAPTER 15.73 TO THE SAN BERNARDINO MUNICIPAL
CODE TO REQUIRE THE PURCHASE OF DEVELOPMENT RIGHTS AS A CONDITION
2 FOR ISSUANCE OF A BUILDING PERMIT IN THE VERDEMONT AREA.
3 the actual cost of such infrastructure up to an amollnt
4 equivalent to the cost of Development Rights applicable to
the developer. Application for such reimbursement shall be
made within ninety (90) days of the effective date of this
Chapter.
15.73.070 Payment
Payment for the Development Rights shall be pursuant
to a purchase agreement, by certified cheek, cashier's
check or letter of credit. Up to 70% of the cost of the
Development Rights may be paid over a five year periOd at
12% interest per annum as provided in the purchase
Agreement. Such amount shall be all due and payable at the
end of the five year period or on issuance of a Certificate
of Occupancy, whichever occurs first.
15.73.080 Equivalent Dwelling Units
Equivalent dwelling units for non-residential
developments will be based on the number of lots that could
be created on the parcel based on the greatest density for
adjoining parcels as allowed by the General Plan.
15.73.090 Resale
Development Rights may only be resold to the City of
San Bernardino on recall or at any time after the time of
purchase at the request of the holder of the Development
Rights and agreement by the City.
If a development
application, made in good faith and in conformity with the
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1 ORDINANCE...ADDING CHAPTER 15.73 TO THE SAN BERNARDINO MUNICIPAL
CODE TO REQUIRE THE PURCHASE OF DEVELOPMENT RIGHTS AS A CONDITION
2 FOR ISSUANCE OF A BUILDING PERMIT IN THE VERDEMONT AREA.
3 City's General Plan and Development Code, is turned down by
4 the City within five (5) years of the purchase of the
5 Development Rights, the developer may either submit new
applications, as allowed by law, or the City will
repurchase such Development Rights. The amount paid at
resale shall be the purchase price then in effect.
15.73.100 Prepayment of Costs
This chapter provides for a prepayment of
infrastructure costs by property owners and developers.
The payments made pursuant to this chapter are not
considered by the City, and shall not be deemed, as a loan
to the City.
15.73.110 Authority
This chapter is adopted pursuant to the authority of
Sections 40(z) and 40(aa) of the Charter of the City of San
Bernardino.
15.73.120 Findings
The Mayor and Common COUnci1 hereby find and determine
as follows:
(a) The fees collected by the sale of Development Rights
as provided in this Chapter are as a credit against
infrastructure costs and to fund certain infrastructure
improvements in the Verdemont Area as identified in the
Engineering Study on file in the office of the Public Works
Director/City Engineer.
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1 ORDINANCE...ADDING CHAPTER 15.73 TO THE SAN BERNARDINO MUNICIPAL
CODE TO REQUIRE THE PURCHASE OF DEVELOPMENT RIGHTS AS A CONDITION
2 FOR ISSUANCE OF A BUILDING PERMIT IN THE VERDEMONT AREA.
(b)
!
The fees will be used to provide an improved
infrastructure system in the Verdemont Area by the
construction and improvement of major streets and other
improvements.
Such improvements shall consist of full
width paving, curbs and gutters, sidewalks, streetlights,
sewer mains, water mains, landscaping, parks and fire
stations.
(c) 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 residential units then in the area.
The existing streets are not paved to the planned ultimate
width or grade, and are not fully improved with curbs and
gutters, sidewalks, street lights, landscaping, sewer and
water service or with adequate parks or fire stations.
The existing infrastructure system is not deemed adequate
to accommodate the ever increasing volumes of pedestrian
and vehicular traffic that are generated by the new
developments.
Construction of an improved infrastructure
system is deemed essential for the continuation of orderly
growth in the Verdemont Area.
(d) The fees collected by the sale of Development Rights
as provided in this Chapter are charges by the City for the
purpose of obtaining funds for capital projects necessary
to maintain service within the Verdemont Area and thus, are
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1 OROINANCE...ADDING CHAPTER 15.73 TO THE SAN BERNARDINO MUNICIPAL
CODE TO REQUIRE THE PURCHASE OF DEVELOPMENT RIGHTS AS A CONDITION
2 FOR ISSUANCE OF A BUILDING PERMIT IN THE VERDEMONT AREA.
3 exempt from CEQA (California Environmental Quality Act)
4 review pursuant to Public Resources Code Section 2l80(b)
5 (8).
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(e) It is the intent of the Mayor and Council to first
apply the funds obtained pursuant to this Chapter towards
the identified street improvements and then toward the
other improvements as funds are available.
15.73.130 Conflict
Should any part of this Chapter be in conflict with
the Verdemont Area Public Works , Financing Plan, this
Chapter shall control.
15.73.140 Failure to Sell
If 60% of the available Development Rights are not
sold within 60 days of the effective date of this Chapter,
the City reserves the right to refund all fees paid without
interest. Should such refund occur this Chapter shall be
without further force and effect.
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1 ORDINANCE.,. .ADDING CHAPTER 15.73 TO THE SAN BERNARDINO MUNICIPAL
CODE TO REQUIRE THE PURCHASE OF DEVELOPMENT RIGHTS AS A CONDITION
2 FOR ISSUANCE OF A BUILDING PERMIT IN THE VERDEMONT AREA.
3
4 I HEREBY CERTIFY that the foregoing ordinance was duly
5 adopted by the Mayor and Common Council of the City of San
6 Bernardino at a meeting thereof, held on the
7 day of , 1989, by the following vote, to wit:
8 AYES: Council Members
NAYS:
ABSENT:
City Clerk
of
The foregoing ordinance is hereby approved this
, 1989.
day
W.R. Holcomb, Mayor
City of San Bernardino
Approved as to form
19 and legal content:
20 JAMES F. PENMAN,
City Attorney
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22 By:
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9/21/89
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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 accollUDodate 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 access 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
adopted to provide the necessary financing to construct a
complete system of public works infrastructure in the Verdemont
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9/21/89
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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 C01lllll0n 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:
James F. Penman
City Attorney
W. R. Holcomb, Mayor
City of San Bernardino
By
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