The Mayor and Common 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 right-of-way and related infrastructure 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 current levels of service if new development is to be accommodated without decreasing current levels of service and in order to ensure that the infrastructure system is in conformity with the requirements of the City's General Plan.
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, that the City causes the acquisition, construction and installation of the Right-of-Way Improvements and the Public Improvements within 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 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) create a need for the acquisition, construction and installation of the Public Improvements;
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 public improvements;
F. The Infrastructure Fees established by Section 15.73.050 of this Chapter shall be calculated pursuant to a resolution duly adopted by the Mayor and Common Council simultaneously herewith (the "Resolution"). The Infrastructure Fees established by this Ordinance and as calculated pursuant to the Resolution 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;
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 of 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 of this Chapter and calculated pursuant to the Resolution will be increased in accordance with the terms of the Resolution or any subsequent resolution adopted by the Mayor and the Common Council of the City in order to cause the funding of the acquisition, construction and installation of 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 extent 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 Right-of-Way Improvements and the Public Improvements in the Verdemont Area;
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 expenditures necessary to provide Right-of-Way Improvements and Public Improvements within or for the benefit of the Verdemont Area; and
K. The City has the authority to enact this Chapter pursuant to Section 66000, et seq., of the California Government Code and Sections 40 (z) and 40 (aa) of the Charter of the City of San Bernardino.
(Ord. MC-707, 3-19-90)