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Home My WebLink About24-Development Services o CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL AC ON 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 resolution's (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: ��-- �s- v Agenda Item No. `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. A)0 , - 3a C) � -7- , 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. 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. LOCATION OF PROPOSED ASSESSMENT a DISTRICT NO. 1057 e� T ,m e 40th St. 330 o• Marshall Blvd. ; m _ 210 Highland Ave. in m t Base Line St. 9th St m 5th St. a 0 c m Rialto Ave. C6 Mill St. r7l 15 E a 0 C 3 d 210 a Orange how Rd. n i- •o • X VICINITY MAP �p NO SCALE J CITY OF SAN BERNARDINO Proposed Landscape Maintenance DEVELOPMENT SERVICES DEPARTMENT Assessment District No. 1057 Sa iM REAL PROPERTY SECTION Cajon Boulevard and University Parkway indicates un-incorporated areas wfthin City's Area (PM 17375) Sphere of Influence Created by: Ryan Sandoval:77�)ate:4/12/07 N V m moipco cm �_ 5 �Onos=Ri,G�e E ° g. ° I t E xo mE Z N ~N G E O " n Ci a. Jg �osLL �r� �& <_��« o Q y W N J„ I i s Q cr Z y Z y F —<—i�:� Z 2 ? J 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. 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: �� '[ 1/7/0;7 A.3 Z--- Agenda Item No. 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. 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. v LOCATION OF PROPOSED ASSESSMENT DISTRICT NO. 1057 m� F °n Qo ,q v 18 c a' ke0aai B/L r 40th St 330 a j m N ai Marshall Blvd. 210 Highland Ave. 259 r t Base Line St. m w o 9th St ai 5th St. 0 Rialto Ave. m o 15 cc > Mill St. a m � z10 in Orange how Rd. = .s . a D A/ VICINITY MAP �p NO SCALE J CITY OF SAN BERNARDINO Proposed Landscape Maintenance DEVELOPMENT SERVICES DEPARTMENT Assessment District No. 1057 — rw REAL PROPERTY SECTION Cajon Boulevard and University Parkway Indicates un-incorporated areas within City's Area (PM 17375) Sphere of Influence Created by: Ryan Sandoval Date: 4/12/07 I N-N a <<''-N`,�, � g•N o S u \� � •r. :�' ¢ � I � Y r CC AM E RI'g�! 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