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Home My WebLink About28-Development Services e e e 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 Assessment District in the Waterman Avenue and Orange Show Road Area (Tract Map No. 17972 - AD 1045). Dept: Development Services Date: March 20, 2007 File No. 14.40-137 Synopsis of Previous Council Action: 7/11/2006 - Tentative Tract Map No. 17972 was approved, with conditions. MCC Date: April 16, 2007 3/05/07 - Authorization was given to proceed with the formation of the Waterman Avenue and Orange Show Road Area Landscape Maintenance Assessment District No. 1045, and Resolution oflntention No. 2007-75 was adopted. Recommended Motion: That the public meeting relative to the formation of the Waterman Avenue and Orange Show Road Area Landscape Maintenance Assessment District No. 1045 be closed, and protests and ballots, if any, be carried over to the public hearing on May 7, 2007, at 4:00 p.m. ~t.Rffl- Valerie C. Ross Ryan Sandoval 5226 Contact person: Supporting data attached: Staff Report, Maps Phone: I Ward: FUNDING REQUIREMENTS: Amount: $4,000 (Processing fees paid by applicant) Source: (Acct. No.) 254-000-2301-6037 (Acct. Description) Assessment District Deposits Finance: Council Notes: Agenda Item No. :J..f 9/'''11J7 e e e CITY OF SAN BERNARDINO - REOUEST FOR COUNCIL ACTION Staff Report SUBJECT: Public meeting - 4:00 p.m., formation of a Landscape Maintenance Assessment District in the Waterman Avenue and Orange Show Road Area (Tract Map No. 17972 - AD 1045). BACKGROUND: On July 11,2005, the Planning Commission approved Tentative Tract Map No. 17972 and DP2 No. 05-08, generally located east of Waterman Avenue and south of Orange Show Road. On July 24, 2005, Voit Development, 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 easterly side of Waterman Avenue and the median on Waterman Avenue directly adjacent to this site. The developer has paid the required $4,000 formation fee. Tract No. 17972 consists of IS commercial lots. The annual cost of maintenance and incidentals will be spread across these IS lots. 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 attached. 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, the landscaping along Waterman Avenue and the median has been deemed to be of a general benefit. The general benefit portion of the annual cost of maintenance is estimated to be $1,891.93 and cannot be assessed to the District. This amount will need to be paid from the general fund or other non-district fund source. As set forth in the Engineer's Report, the estimated total annual assessment, including all incidental expenses, is $11,363.82. Assessment units on commercial land are assigned to each parcel based on the number of7,200 square foot single family lots that could be developed on the site if it were developed for residential use and gives a basis for calculating the assessment spread. In essence, each parcel is assessed in proportion of its size to the other parcels within the district. The per lot assessment will vary across each parcel but ranges from $303.76 to $1,766.77 per parcel. The Engineer's Report allows for annual increases ofCPI (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 March 5, 2007, Resolution of Intention No. 2007-75 was adopted, setting a public meeting for April 16, 2007, and a public hearing for May 7, 2007, and preliminarily approving the Engineer's Report. Notice of the meeting, hearing, and assessment ballots were mailed to the owner of record. Since the developer still owns all of the lots, a majority protest is not anticipated. Future property owners will purchase the lots subject to the Assessment District and e e e Staff Report - continued disclosure of the District and assessments by the developer or subsequent property owners, as required by law. 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: The 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 May 7, 2007. Base Line St 5th St. 1 ~ i ~ i= ., . o J( LOCA TION OF PROPOSED ASSESSMENT DISTRICT NO. 1045 VICINITY MAP '8 NO SCALE :J III CITY OF SAN BERNARDINO DEVELOPMENT SERVICES DEPARTMENT REAL PROPERlY SECTION Proposed Landscape Maintenance Assessment District No. 1045 - Waterman Avenue and Orange Show Road Area (Tract No. 17972) ~ Indicates un-Incorporated areas within City's ~ Sphere of Influence Created by: Ryan Sandoval Date: 2/6/07 e ~ ).., It iif!iiH i fnHi III , t ~. I e~1 hiij..iW h. ~1'6.! . It! rJlt I Ie I 11 ,I ! . ~) hI e.'Ji S i f~nf~T' i '~I!>h I i e H, I~ liil i .. I rWI~~il 0 II) ~. I . .. ~~ ii i.> . , ~I II! 116 h! . .i i~ . , oe f(f I i ~' I n ; I oe . I~ilp 'ii . . ~ ~~ u d I IH tit J el i i i j ~~ h -, ~e ~.. UdH.lH 00 ~e I IJl i II! I f i ~. H f 1 ;; ~H ~ .! ! I .i HIlt! I " 0(" · I ~d III 1 i ;;;z c ..J o ~ i -, / / 00.;..-> I I. .......~ O. " I' ~ 6>j> . / /1 --, /1 \ e~ -~-:&ft~~ /.'~/ :\ /' '-,~~~!~ IF e ~' I I I : 10 ~ ~'\J ' e .t..~ I I'" J ~-.- I? 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