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Home My WebLink About25-Development Services tit 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, and Resolution Ordering Work relative to proposed Central Avenue and Lena Road Area Landscape Maintenance Assessment District No. 1063 (Parcel Map No. 17721). MCC Date: October I, 2007 Dept: Development Services Date: September 6. 2007 File No. 14.40-159 Synopsis of Previous Council Action: 1/23/2007 - Tentative Parcel Map No. 17721 was approved, with conditions. 08/06/07 - Authorization was given to proceed with the formation of the Central Avenue and. Lena Road Area Landscape Maintenance Assessment Districts No.1 063, and Resolution of Intention No. 2007-318 was adopted. Recommended Motion: tit 1. That the public hearing relative to the formation of the Central Avenue and Lena Road Area Landscape Maintenance Assessment Districts No. 1063 be closed. AND 2. Adopt resolutions (2) - (4/5 vote required for formation of LMD). ~u.KHY' Valerie C. Ross Contact person: Ryan Sandoval Supporting data attached: Staff Report, Maps, Reso. Phone: 5226 Ward: 1 $5,900 (Processing fees paid by applicant) FUNDING REQUIREMENTS: Amount: $1,380.13 (Estimated annual General Benefit amount) Source: (Acct. No.) 254-000-2301-6059 Assessment District Deposits / (Acct. Description) General Fund Finance: Council Notes: tit Agenda Item No. I/) Ii I D1 ;;s' e e e CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Staff Report SUBJECT: Public hearing - 4:00 p.m., Resolution authorizing the execution of an Agreement, and Resolution Ordering Work relative to proposed Central Avenue and Lena Road Area Landscape Maintenance Assessment District No. 1063 (Parcel Map No. 17721). BACKGROUND: On January 23,2007, the Planning Commission approved Tentative Parcel Map No. 17721 and DP3 No. 06-06, generally located south of Central Avenue and east of an extension of Lena Road. On February 12, 2007, HiIlwood Investment Properties, the developer/owner of tliis 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 Lena Road, the southerly side of Central A venue, the westerly side of Clevenger Road, and portions of the northerly side of Norman Road all adjacent to this site. Currently, the boundary of the district contains a total of 59 parcels of land, one of which is owned by the Water Department and will not be assessed. Initially the annual cost of maintenance and incidentals will be spread across 58 parcels. When Tentative Parcel Map No. 17721 is approved and recorded, there will be 2 large commercial parcels and two remnant smaller parcels, one of which is the Water Department parcel. 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, the landscaping along Central A venue has been deemed to be of a general benefit. The general benefit portion of the annual cost of maintenance is estimated to be $1,380.13 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 $65,236.05. 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 $90.82 to $21,544.12 per parcel. When the map records, the lot assessment for the 2 large parcels and the 1 remnant parcel will be recalculated. This is estimated to be as follows: Parcel I = $42,265.87, Parcel 2 = $22,850.43, and the remnant parcel = $119.75. 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. e e e Staff Report - continued The developer/owner has requested this Landscape Maintenance Assessment District to be a "default" district, where the property owner will be maintaining the landscaping. 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 August 6, 2007, Resolution ofIntention No. 2007-318 was adopted, setting a public hearing for October 1, 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 retumed 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. FINANCIAL IMPACT: The applicant has paid the $5,900 processing fee. Estimated costs of annual maintenance in the amount of $65,236.05, 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 $1,380.13, 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. e Highland Ave. ~ ~ c . iii ~ ! !u .0 Base line St (I) ~ e . 5th St. ~ e MiIISt. Orange how Rd. .. . . o j{ LOCA TION OF PROPOSED ASSESSMENT DISTRICT NO. 1063 ...;;).. - ',~' . !II III VICINITY MAP :J CITY OF SAN BERNARDINO DEVELOPMENT SERVICES DEPARTMENT REAL PROPERTY SECTION Proposed Landscape Maintenance Assessment District No. 1063 - Central Avenue & Lena Road Area (Tentative Parcel Map 17721) ~ indicates un-incorporated areas within City's ~ Sphere of Influence Created by: Ryan Sandoval. Date: 6/26/07 e ::e . ~~ e"E- <~ -ex: QE- E-rIJ Z- ~Q ::eE- rlJZ rIJ~ ~::e rIJrIJ rIJrIJ <~ rIJ rIJ < ~ = - " z Q ~ t:;~ - ~ Cl: ;..<; ~ ~ ~ < :- < Q - ~ < z. o ~ 0 II: ell?" < ~- z ~ z ~ ~ is ~~:..: Z \..I 0 < z z l.:.: <(;:::; ~ ~ ~ :.0; .... z > ~:II: < <';0; ~ :; ~ :s: :.; ~;: z ~ ::it; ~ ., , , ~ j i !p ~. ~p' li' i if '6 i: " ~!' ''<> <i: Iii j ~I I~ All III ';l~" fh! .,th I!Uh K ~. 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