290 North D St, San Bernardino, CA 92401 | P: 909-384-7272 | www.SBCity.org February 19, 2025
Ms. Joanne Price
Dignity Moves
870 Market Street #1153
San Francisco, CA 94102
RE: Dignity Moves/Lutheran Social Services of Southern California (LSSSC) October 2024 Request for Waiver of Development and Permit Fees for the Homekey Project
Dear Ms. Price:
Thank you for your patience while the City thoroughly reviewed and analyzed your request for waiver of permit and development fees related to the Lutheran Social Services of Southern California (LSSSC) Homekey Project. We value the partnership between the City and LSSSC and look forward to the completion of the 140 housing units that will shelter many unhoused in our community.
In your October 10, 2024, letter you requested a waiver of both permit processing and development impact fees under the criteria set forth in Section 3.13.030 of the San Bernardino Municipal Code. We proceeded with this request and thank you for working with our staff to identify the specific fees and the amount of each waiver. While discussing your request with the City Council Ad Hoc Committee on Homelessness on January 22, 2025, it was brought to our attention that Section
3.13.030, the one you referen ced in your request, only applies to waiving permit processing fees.
Chapter 3.27 applies to requests for deferral of development impact fees and is much more restrictive as these fees are connected to fee studies providing for the building and replacemen t of critical infrastructure. When these fees are not paid they negatively impact the ability of the public agency to complete the necessary improvements. In some cases, the City Council does not have the authority to waive the fees. For example, section 3.27.170 says that the regional circulation fees cannot be waived.
Of the $523,941.21 in currently accrued permit and development impact fees, $261,323.46 cannot be waived.
The City will ask the Council at a public meeting to consider waiving the permit processing fees in the amount of $134,318.99. These fees are broken down as follows:
$ 5,298.90 MP24-05 (Parcel Map)
$ 49,510.00 LD2400001 (Grading Plan) $ 3,091.00 THR24-019 (Land Development)
$ 12,106.84 E2400028 (Street Improvements) $ 44,999.64 B2402368 (Support Building) $ 9,214.79 B2401769 (Roof Rails)
$ 10,097.82 B2401768 (Electrical Shed) As for the development impact fees, a recommendation must first be made by the Community Development Director1. The request may only be granted after notice and hearing at a public Council meeting. The Council decision to waive development impact fees must be properly supported by specific findings. The findings must be based on written and other evidence submitted by the property owner, substantiating the owner's contention that the fee should be deferred. Findings must include facts supporting deferral, including without limitation, findings that in the case of deferral (1) other properties to be benefited by any fee will not be burdened by the review and delay in fee imposition, or, (2) alternative financing methods involving more than one owner have been proposed for review, or (3) delay will result in a more fair funding arrangement.
We estimate the development impact fees that are subject to be waived are $128,298.76 as set forth below:
$ 67,596.54 CD-Law Enforcement DIF
$ 28,247.48 Local Circulation DIF
$ 32,454.74 CD-Storm Drain Fee
If you desire to seek waiver of the development impact fees we will need you to submit a written request with information to help us recommend the necessary findings to the City Council.
The City is truly supportive of the project and wishes to continue to work with you on these and other matters.
Sincerely,
Tanya Romo
Acting City Manager
1 Section 3.27.170 refers to the Director of Development Services who duties are now assumed by the person holding the Community Development Director position.