HomeMy WebLinkAbout32-Development Services COPNY
CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION
From: Valerie C. Ross. Director Subject: Public hearing—4:00 p.m., Resolution
authorizing the execution of an Agreement, &
Dept: Development Services Resolution Ordering Work relative to proposed
Cajon Boulevard and University Parkway Area
Date: August 30. 2007 Landscape Maintenance Assessment District No.
1057 (Parcel Map No. 17375).
File No 14.40-148 MCC Date: September 17. 2007
Synopsis of Previous Council Action:
10/17/06 —Tentative Parcel Map No. 17375 was approved, with conditions.
03/19/07— Resolution No. 2007-83 was adopted, directing the execution of an Agreement to
form a Landscape Maintenance District, for the purpose of allowing the Parcel Map
to be recorded.
03/22/07—Parcel Map No. 17375 was recorded.
07/02/07—Authorization was given to proceed with the formation of the Cajon Boulevard and
University Parkway Area Landscape Maintenance Assessment Districts No. 1057,
and Resolution of Intention No. 2007-209 was adopted.
08/20/07 —Public Hearing was held and continued to 9/17/07.
Recommended Motion:
1. That the public hearing relative to the formation of the Cajon Boulevard and University
Parkway Area Landscape Maintenance Assessment Districts No. 1057 be closed.
AND
2. Adopt resolutions (2) - (4/5 vote required for formation of LMD)
Valerie C. Ross
Contact person: Ryan Sandoval Phone: 5226
Supporting data attached: Staff Report. Maps. Reso. Ward: 6
$4.000 (Processing fee paid by applicant)
FUNDING REQUIREMENTS: Amount- $4,464 (Estimated annual General Benefit amount)
Source: (Acct. No.) 254-000-2301-6051
Assessment District
(Acct. Description) Deposits/General Fund
Finance:
Council Notes: i1O/,Z()7
�,ee r�ious•�-� `�5 % 7
Agenda Item No. 391.1
qf 1110-7
CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION
Staff Report
SUBJECT:
Public hearing—4:00 p.m., Resolution authorizing the execution of an Agreement, & Resolution
Ordering Work relative to proposed Cajon Boulevard and University Parkway Area Landscape
Maintenance Assessment District No. 1057 (Parcel Map No. 17375).
BACKGROUND:
On October 17, 2006, the Planning Commission approved Tentative Parcel Map No. 17375,
located to the northeast of Cajon Boulevard and southeast of University Parkway. On November
3, 2006, Hillwood Investments, 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 future
landscaping within slopes along portions of the easterly and westerly side of the overpass
realignment of University Parkway (Lot `C') and also include the detention basin (Lot `D') on
the southerly portion of Tentative Parcel Map No.17375. The detention basin will consist of
native growth and will protect the parcels within the district from flood damage and is a direct
benefit to this development. Maintenance in the detention basin will consist of periodic cutting of
native vegetation and removal of debris and silt as needed.
Parcel Map No. 17375 consists of 7 commercial parcels and 3 lettered lots. The annual cost of
maintenance and incidentals will be spread across these 7 parcels while the lettered lots will be
nil assessed due to not receiving any benefit from the improvements. 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 the retention basin, which on file 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, portions of the landscaping along the overpass
realignment of University Parkway has been deemed to be of a general benefit. The general
benefit portion of the annual cost of maintenance is estimated to be $4,464.81, 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 $64,774.15. Assessment units on commercial land are
assigned to each parcel based on the number of 7,200 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 $927.89
to $23,672.31 per parcel. 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.
�� . 3a
Staff Report— continued
On March 19, 2007, Resolution No. 2007-83 was adopted, directing the execution of an
Agreement to form a Landscape Maintenance District. The purpose of this Agreement was to
waive the owner's right to protest the formation of a Landscape Maintenance District so that the
City would allow the owner to record Parcel Map No. 17375 prior to the Landscape Maintenance
District being formed. Parcel Map No. 17375 was recorded on March 22, 2007.
The developer/owner has requested this Landscape Maintenance Assessment District to be a
"default" district, where the property owners, through an Association, will be maintaining the
detention basin only. The District will still maintain the landscaping in the slope area along
University Parkway. The Assessment District will assume maintenance of the detention basin in
the event of default of the maintenance by the Association. However, the City will collect the
first year's maintenance cost, which will be held in reserve in the event that the City has to
assume the maintenance. A resolution approving the execution of the Maintenance Agreement
has been prepared and is attached for your action.
On July 2, 2007, Resolution of Intention No. 2007-209 was adopted, setting a public hearing for
August 20, 2007, and preliminarily approving the Engineer's Report. The public hearing was
continued to September 17, 2007 because the Maintenance Agreement was not in final form and
the Agreement needed to be approved prior to the formation of the District.
Notice of the hearing and assessment ballots were mailed to the owner of record. Since the
developer still owns all of the parcels, a majority protest is not anticipated. Future property
owners will purchase the parcels 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.
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 the ballots returned in support for the proposed district exceed the ballots returned
in opposition to the proposed district. A majority opposition to the formation of the district is not
anticipated. All future buyers will be given a disclosure notice by the developer, advising them
of the existence of an assessment district and the proposed annual cost.
The Maintenance Agreement will need to be considered prior to the adoption of the resolution
creating the Assessment District, which will require a four-fifths (4/5) affirmative vote of the
council members voting thereon.
I FINANCIAL IMPACT:
The applicant has paid the $4,000 processing fee. Estimated costs of annual maintenance in the
amount of$64,774.15, deemed to be a special benefit, will be assessed back to property owners
within the Assessment District. The estimated annual cost of maintenance in the amount of
$4,464.81, deemed to be a general benefit, will need to be paid from the General Fund, for the
landscape maintenance portion of the District.
RECOMMENDATION:
Staff recommends that the public hearing be closed and the attached resolutions be adopted.
1 �
LOCATION OF
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1
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Valerie C. Ross, Director Subject: Public hearing—4:00 p.m.—Cajon
Boulevard and University Parkway Area
Dept: Development Services Landscape Maintenance Assessment District
No. 1057 (Parcel Map No. 17375).
Date: August 2, 2007
File No. 14.40-148 MCC Date: August 20, 2007
Synopsis of Previous Council Action:
10/17/06—Tentative Parcel Map No. 17375 was approved, with conditions.
07/02/07—Authorization was given to proceed with the formation of the Cajon Boulevard and
University Parkway Area Landscape Maintenance Assessment District No. 1057, and
Resolution of Intention No. 2007-209 was adopted.
Recommended Motion:
That the public hearing relative to the formation of the Cajon Boulevard and University
Parkway Area Landscape Maintenance Assessment District No. 1057 be continued to
September 17, 2007.
VA&wzl';THE
Valerie C. Ross
Contact person: Ryan Sandoval Phone: 5226
Supporting data attached: Staff Report& Maps Ward: 5
FUNDING REQUIREMENTS: Amount: $4,000(Processing fee paid by applicant)
Source: (Acct. No.) 254-000-2301-6051
(Acct. Description) Assessment District Deposits
Finance:
Council Notes:
Agenda Item No. - -
�/� 7107
CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION
Staff Report
SUBJECT:
Public hearing — 4:00 p.m.— Cajon Boulevard and University Parkway Area Landscape
Maintenance Assessment District No. 1057 (Parcel Map No. 17375).
BACKGROUND:
On October 17, 2006, the Planning Commission approved Tentative Parcel Map No. 17375,
located to the northeast of Cajon Boulevard and southeast of University Parkway. On November
3, 2006, Hillwood Investments, 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 future
landscaping within slopes along portions of the easterly and westerly side of the overpass
realignment of University Parkway (Lot `C') and also to include the detention basin(Lot `D') on
the southerly portion of Tentative Parcel Map No.17375. The detention basin will consist of
native growth and will protect the parcels within the district from flood damage and is a direct
benefit to this development. Maintenance in the detention basin will consist of periodic cutting of
native vegetation and removal of debris and silt as needed.
Parcel Map No. 17375 consists of 7 commercial parcels and 3 lettered lots. The annual cost of
maintenance and incidentals will be spread across these 7 parcels while the lettered lots will be
nil assessed due to not receiving any benefit from the improvements. 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 the retention basin, which is attached
for your review. 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, portions of the landscaping along the overpass
realignment of University Parkway has been deemed to be of a general benefit. The general
benefit portion of the annual cost of maintenance is estimated to be $4,464.81, 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 $64,774.15. Assessment units on commercial land are
assigned to each parcel based on the number of 7,200 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 to its size relative to the
other parcels within the district. The per lot assessment will vary across each parcel but ranges
from $927.89 to $23,672.31 per parcel. 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 by the City.
1
Staff Report— continued
On July 2, 2007, Resolution of Intention No. 2007-209 was adopted, setting a public hearing for
August 20, 2007, and preliminarily approving the Engineer's Report. Notice of the hearing and
assessment ballots were mailed to the owner of record. Since the developer still owns all of the
parcels, a majority protest is not anticipated. Future property owners will purchase the parcels
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.
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 the ballots returned in support for the proposed district exceed the ballots returned
in opposition to the proposed district. A majority opposition to the formation of the district is not
anticipated. All potential buyers will be given a disclosure notice by the developer, advising
them of the existence of an assessment district and the proposed annual cost.
The developer/owner has requested this Landscape Maintenance Assessment District to be a
"default" district, where the property owners, through an Association, will be maintaining the
detention basin only. The District will still maintain the landscaping in the slope area along
University Parkway. The Assessment District will assume maintenance of the detention basin in
the event of default of the maintenance by the Association. However, the City will collect the
first year's maintenance cost, which will be held in reserve in the event that the City has to
assume the maintenance.
A Maintenance Agreement between the City and Hillwood Investments is currently being drafted
and will be submitted in final form for approval on September 17, 2007. The Maintenance
Agreement will need to be considered prior to the adoption of the resolution creating the
Assessment District, thus the closing of the hearing and adoption of the resolution creating the
District will need to be deferred to September 17, 2007.
FINANCIAL IMPACT:
The applicant has paid the $4,000 processing fee. Estimated costs of annual maintenance in the
amount of$64,774.15, deemed to be a special benefit, will be assessed back to property owners
within the Assessment District. The estimated annual cost of maintenance in the amount of
$4,464.81, deemed to be a general benefit,will need to be paid from the General Fund.
RECOMMENDATION:
Staff recommends that the public hearing be continued to September 17, 2007.
LOCATION OF
PROPOSED ASSESSMENT
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DISTRICT NO. 1057
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VICINITY MAP
NO SCALE
CITY OF SAN BERNARDINO Proposed Landscape Maintenance
*' DEVELOPMENT SERVICES DEPARTMENT Assessment District No. 1057 -
ariw REAL PROPERTY SECTION Cajon Boulevard and University Parkway
Area (PM 17375)
® indicates un-incorporated areas within City's
Sphere of Influence
Created by: Ryan Sandoval Date: 4/12/07
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