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HomeMy WebLinkAbout20-Development Services ORIGINAL CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: Valerie C. Ross, Director Subject: Public meeting—4:00 p.m., formation of a Landscape Maintenance Dept: Development Services Assessment District in the 6th Street and Sterling Avenue Area(Tract No. 17372— Date: October 26, 2006 AD 1053). File No.14.40-144 MCC Date: 11/20/2006 Synopsis of Previous Council Action: 11/18/05 —Tentative Tract Map No. 17372 was approved, with conditions. 10/16/06 - Authorization was given to proceed with the formation of the 6th Street and Sterling Avenue Area Landscape Maintenance Assessment District No. 1053 and Resolution of Intention No. 2006-367 was adopted. Recommended Motion: That the public meeting relative to the formation of the 6th Street and Sterling Avenue Area Landscape Maintenance Assessment District No. 1053 be closed, and protests and ballots, if any,be carried over to the public hearing on December 4, 2006, at 4:00 p.m. Valerie C. Ross Contact person: Ryan Sandoval Phone: 5226 Supporting data attached: Staff Report, Maps Ward: 1 FUNDING REQUIREMENTS: Amount: $4,000 (Processing fee paid by applicant) Source: (Acct No )254-000-2301-6046 (Acct. Description) Assessment District Deposits Finance: Council Notes: Agenda Item No. — ///;.o a6 CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION Staff Report SUBJECT: Public meeting—4:00 p.m., formation of a Landscape Maintenance Assessment District in the 6th Street and Sterling Avenue Area(Tract No. 17372—AD 1053). BACKGROUND: On November 18, 2005, the Planning Commission approved Tentative Tract Map No. 17372, generally located north of 6th Street and east of Sterling Avenue. On April 17, 2006, Fidelity Homes, Inc., the developer/owner of this property, submitted a petition for the formation of a landscape maintenance assessment district, as required by the conditions of approval for the development of this site. The formation of this District will assess the special benefit costs of maintaining the landscaping and appurtenances to the owners of the properties benefiting from the maintenance area. The areas to be maintained by the District will be landscaping along portions of the northerly side of 6th Street and the southerly side Cypress Avenue. The developer has paid the required $4,000 formation fee. Tract No. 17372 consists of 162 condominium units. The annual cost of maintenance and incidentals will be spread across these 162 units. Part of the formation proceedings includes the preparation of an Engineer's Report, which details the costs necessary to carry out the ongoing maintenance of landscaping and is filed in the City Clerk's Office. As required by law, only special benefit may be assessed to properties within an assessment district. Any benefit found to be a general benefit may not be assessed to the District. As set forth in the Engineer's Report, a portion of the landscaping along 6th Street has been deemed to be of a general benefit, and the portion of the landscaping along Cypress Avenue is all special benefit. The general benefit portion of the annual cost of maintenance is estimated to be $307.14 and cannot be assessed to the District. This amount will need to be paid from the general fund or other non-district fund source. The special benefit portion of the annual cost of maintenance, including all incidental expenses, is estimated to be $6,687.36. This amount will be spread across the 162 units within the District and the annual maintenance cost per unit will be $41.28. The Engineer's Report allows for annual increases of CPI (Consumer Price Index), or 5%, whichever is less, to cover increases in maintenance costs. Increases over this amount will either need to be approved by the property owners within the District, or be paid for by the City. On October 16, 2006, Resolution of Intention No. 2006-367 was adopted, setting a public meeting for November 20, 2006 and a public hearing for December 4, 2006 and preliminarily approving the Engineer's Report. Notice of the meeting and assessment ballots were mailed to the owner of record. Since the developer still owns all of the units, a majority protest is not anticipated. Future property owners will purchase the lots subject to the Assessment District and will be given disclosure of the District and assessments by the developer or subsequent property owners, as required by law. Staff Report— continued The public meeting is only an informational meeting and no action can be taken regarding the formation of the assessment district until the public hearing. At the conclusion of the hearing, the results of the assessment ballots returned will be submitted. Ballots are weighted in proportion to the assessment amount. The formation of the district requires that at least 50% of the ballots returned show support for the proposed district or that protests submitted, be 50%, or less, of the total assessment. Formation of the assessment district will require the adoption of a resolution and will require a four-fifths (4/5) affirmative vote of the council members present and voting. FINANCIAL IMPACT: Applicant has paid the $4,000 processing fee. Estimated costs of annual maintenance, including additional formation costs, will be assessed back to property owners within the Assessment District. RECOMMENDATION: Staff recommends that the public meeting be closed and that any protests or ballots submitted be carried forward to the public hearing on December 4, 2006. LOCATION OF PROPOSED ASSESSMENT DISTRICT NO. 1053 w ,3A I. Q' Q� 18 s ' 15 40th S 330 N 0)1 , Marshall W � i+c v — °' N 3 > 10 a Highland Ave;' 259 a + 0 E N L N L 4' N Base Line w rn St, 9th St o r 5th St. v Rialto Av > > a' Mill St. o c 0 U Q) 210 a OrOL ng Show a i- •o � a 0 �l���a VICINITY MAP SCALE: NTS CITY OF SAN BERNARDINO Proposed Landscape Maintenance DEVELOPMENT SERVICES DEPARTMENT Assessment District No. 1053 - Sa01k+r0ari00 REAL PROPERTY SECTION 6th Street and Sterling Avenue Area indicates un-incorporated (Tract No. 17372) ® areas within City's Sphere of Influence i Created by: Ryan Sandoval Date: 8/17/06 ASSESSMENT DIAGRAM ASSESSMENT DISTRICT NO. 1053 6TH STREET AND STERLING AVENUE AREA LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT IN THE CITY OF SAN BERNARDINO,COUNTY OF SAN BERNARDINO CITY OF HIGHLAND 39:30'I _ CYPRESS � I II 61 o © 3 II -I (PRIVATE ROAD) I t/1/V€-STS _ _ �� —�1 �� -I + I Filetl in the office of the Cily,Clark in the City of San Bernardino Ih's_ I' LJ l_=.ri 82 Og 1® i I RACHEL CLARK. City CIerF,City of San Bernardino II a YCL551-1JJI4JSI I Y ®I ®I II I hereby cedity that the map showing the proposed boundarks for Assessment Distrkt No.1053 In the City of San Bernardino.County of San Bernard-State 51 LLJI 53a I I I of Catharine,was approved by the Mayor and Common Council of the City of IJJ I�_fl I i 3 San Bernardino al a regular meeting thereof.held on Me day of I .20 .by Resolution No. �� �� R�LLLLJJJJ I and has been filed in the office of the County 'I �$p�l 49 4(18711 II mss, Recorder of San Bernardino County on Me day of It .20 In Book page(s) of Maps of Assessment and Community F-litias �1 r nT. y5 46 f-(4]y I I � � �II Dlsbkts. FYI TT J L�I I II B t i © II tl 1—I II RACHEL CLARK. 11 a3 az I ® ® _ ® I city clerk.Illy of San Bernadine O CITY OF I 9 60 a 1 I IJ ® I O I I � Recorded in the orrice of the City Engineer this_day of HIGHLAND li � E9 I E 9 i 1 = :B_ CITY BOUNDARY LINE I I"7Sgll I(5311 S(3871 I� I �'%��n`� I II v L,J _ CITY ENGINEER CITY OF ,�' LOT t > t = City of ban Bernardino ISAN BERNARDINO I—� a _I LI� a 4 1t p An assessment was levied by the Mayor and Common Council of lie CM of San Bernartlino on Me tits,paces,and parcels of the land shown on this 4 =d diagram.SaW assessment was levied on Me day of M men 20_: e assesst diagram and the assessment rot were recorded in the office of the City Engineer of Bald ade on 20 Reference is made 10 the assessment roll recorded In the a.of the City Engineer for the eaaci u 1 I I �/1 II ounl of each assessment Ie,e l against each parcel of land shown on this I I 95 1 am ment diagram I I I RACHEL CLARK, 1 'I City Clerk.City of San Bernardino L� ,8 /T I� IIO(Jt 19® f a I I ,1 t3 t l (PRIVATE ROAD) I I I0 tt i II SCALE'. t"_t00 1279.f0'FROM CORNER OF TRACT I TO OF STERLING AV ,� AWSA —STREET— p� i.c.lCur� --�---�—R — —6TH— — —� — — -- -- — —¢ �� No.c.ewa CITY OF SAN BERNARDINO m aG i \`\ CITY BOUNDARY SHOWN THUS: ———— ASSESSMENT DISTRICT San Bernardino County Recorders Certificate BOUNDARY SHOWNTRUS: as— — AREAS OF MAINTENANCE SHOWN THUS. ® This map has been Ned under Document Number this Y ASSESSMENT NUMBERS SHOWN THUS: O day o} 20_,at_m In Book of $ RYAN$ANOOVAL dPPROVEU _I_ at page at the request of in the amount of$ s. C"OF SAN BERNARDINO ^°R DEPARTMENT OF DEVELOPMENT SERVICES NO. Larry Walker LOCATION OF PUBLIC WORKS DIVISION 11824A Auditor-Controller/Recorder ASSESSMENT DISTRICT rP County of San Bemaroino 6TH STREET AND STERLING AVENUE AREA LANDSCAPE MAINTENANCE """ By' VICINITY MAP A1SF.StiMF.NT DISTRICT Deputy Recorder ASSESSMENT BOUNDARY ASSESSMENT DISTRICT NO. 1053 6TH STREET AND STERLING AVE AREA LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT IN THE CITY OF SAN BERNARDINO,COUNTY OF SAN BERNARDINO CITY OF HIGHLAND I A _CYPRESS Fi'717ED 0 ED 11 rD ED 11 EDI � � D El 43 El D Q nF� ­ONE-$T4 (PRIVATE ROAD) I , I--1I Filed in the office of the City Clerk in the City of San ❑1 I r fl ICJ tz*� Bernardino this ZO day of L1 RACHEL CLARK, �I II City Clerk,City of San Bernardino II! �� I I hereby cemty that the within map showing the if]El II the Oiletl San Bern rd Assessment District No.1053.f I i the City of San Bernardino,County of San Bernardino. _ I I I I I ,I Stale of California.was approved by the City Council of El the City of San Bernardino at a regular meeting thereof, 7 21E , held on the day of I ,20 ,by Resolution CITY OF ! I I I� II C) No and was filed in the office the � County Recorder of San Bernardino County,State of HIGHLAND- J� i o i ; o i II Q California.on the 20_in Book df _ I ( a I I __] page(s) of Maps of Assessment and ciTY 90UNDARTUNE I f E10: W I I ti I� � Community Facilities Districts. CITY OF I j i LOT 1 EP I i i 12 SAN BERNARDINO ❑ a Q i 11 O _ - RACHELCLARK. I 1 1 I I City Clerk.City of San Bernardino If 001 EF01 c IF] QED; ;Gn�� ' f Elb I ff] 1101, I I i I (PRIVATE ROAD) I I{d�� �)l�,11-a r�+I��1I-ID 1219 10'FROM CORNER OF TRACT I L_.-r ED 0 0`^--I E3: I~ f EP I� iO�OF STERLING AVE I I �O ESSIyp I ; � 5 -� -�- 6TH---3--STREET CITY OF SAN BERNARDINO 9rE��tkdfi'" San Bernardino County Recorders Certificate CITY ROUNDARY SI10wN 111U$: —--— This map has been filed under Document ASSESSMENT DISTIHIT Number this BOUNDARY SHOWN'1'HUS'. r. day of 20_at_ in Book of RYANSANDOVAL Inn'11 at page.at the request of in the amount of$ CITY OF SAN BERNARDINO DRAWING DEPARTMENT OF DEVELOPMENT SERVICES NO, Larry Walker LOCATION OF PUBLIC WORKS DIVISION 11824 Auditor-Controller/Recorder ASSESSMENT DISTRICT County of San Bernardino 6TH STREET AND STERLING AVENUE AREA LANDSCAPE MAINTENANCE By' VICINITY MAP ASSESSMENT DISTKI(7 Deputy Recorder