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HomeMy WebLinkAbout35-Development Services . . , CITY OF SAN BE~ARDINO - REQUEST FOR COUNCIL ACTION . From: Michael E. Hays, Director Subject: Request for a Continuance of Final Map for Tentative Tract No. 14193 at the Dept: Development Services Southeast comer ofObio and Olive . ~ 1Y fO) "\Yl Avenues. Date: February 14, 2000 ~ '\::::!) l..r' If MCC Date: February 22, 2000 Synopsis of Previous Council Action: 10/06/97 Resolution adopted for sale of property to subdivider. 10/05/98 Matter continued to November 2,1998. 12/21/98 Matter continued to March 15,1999. 3/15/99 Matter continued to June 21,1999. 6/21/99 Matter continued to January 10,2000. 1/10/00 Matter continued to February 22, 2000. Recommended Motion: That the approval ofthe Final Map for Tentative Tract No. 14193 be continued to June 19,2000. ~At~~ Michael E. Hays ~ Contact person: Vnnn J.I TllT'1"1 Phone: ~on Supporting data attached: StaffRq>nTf T .l'!ltpr from . Sabo & Green, LLP FUNDING REQUIREMENTS: Amount: N/A Ward: <; Source: (Acct. No.) N/A (Acct. Description) Finance: Council Notes: Agenda Item No. ~ J./JA//)() . . CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Staff Report Subiect: Request for a continuance of Final Map for Tentative Tract No. 14193 at the Southeast comer of Ohio and Olive Avenues. Back2round: On October 9, 1990, the Planning Commission approved Tentative Tract No. 14193. Extensions of time were later approved to extend the tentative map to October 9, 1993. An automatic two- year extension was granted by Section 66452.11 of the Subdivision Map Act, which extended this tentative map to October 9, 1995; an additional extension of time was approved by the City to extend the tentative map to October 9, 1996. An automatic one-year extension was granted by Section 66452.13 of the Subdivision Map Act extending it to October 9,1998. On October 5, 1998, the Mayor and Common Council approved a motion to continue this to March IS, 1999, at which time a motion was approved to continue this to June 21, 1999. On June 21, 1999, the Mayor and Common Council approved a motion to continue this item to the first regular meeting in January. On January 10, 2000, the Mayor and Common Council approved a motion to continue this item to February 22, 2000. Tract No. 14193 is a 76-10t single family residential subdivision. The required improvement securities and certificates of insurance will be filed prior to June 19, 2000, and the prescribed fees will be paid prior to recordation of the final map. Additionally, the improvement and grading plans have been prepared. The Final Map has been reviewed and found to be substantially in compliance with the Tentative Map and the Subdivision Map Act. Therefore, we recommend that the matter be continued to June 19,2000. Financial Imnact: There is no financial impact to the City. Recommendation: . Staff recommends that the Mayor and Common Council continue this item to the June 19, 2000 meeting. . . SABO & GREEN, LLP A LIMITBD UABIlJTY'AUNUSHIP AITORNEYSATLAW 35-325 DATE PALM DRIVE. SUITE 232 CATllEDRALCITY. CA 92234 (760) 7764173 FAX (760) 710-1724 23801 CAI..AIlASAS ROAD SUIlE 1015 CAI..AIlASAS. CALIFORNIA 91302 (818)704-0195 FAX (818)704-4729 Internet: www.sabogreen.com 201 NOR.11f T STREET SUITE JOO SAN BERNAllDINO. CALIFORNIA 92401 (909) 313-9373 FAX (909) 313-9371 Direct E.mail Address: acrump@sabogree.com To: Fred Wilson From: Alexis Crump Re: REVISED--Tract Map 14193 and Amendment to Settlement Agreement -- Feldkamp Property Dr. Feldkamp has requested that the City take action to extend the pe.i:iod to record the tract map for the Feldkamp property. The.'reason for the extension is that Dr. Feldkamp has been unable to locate a buyer/developer of the parcels due in part to the existence of the Community Facilities District 995 (~CFD 995") and the outstanding county property tax amount due of approximately $300,000. Now that CFD 995 has been paid in full and will be dissolved within the next month and Dr. Feldkamp has negotiated his property tax bill down to approximately $63,000, Dr. Feldkamp has again begun to contact the various developers/purchasers regarding the development of his parcels. Dr. Feldkamp's agents believe that in light of the substantial reduction in the outstanding liens on the property, the prospective developers/purchasers may show more interest in the property at this time. Dr. Feldkamp requests an extension until June, 2000 in order to provide time to (i) negotiate a deal with the various purchasers/developers, (ii) close the transaction, and then (iii) provide sufficient time for the new owner to take the necessary steps to record the final tract map. While normally actions by the City to extend deadlines for individuals could be preceived as setting a precedent for other extensions, the extensions afforded Dr. Feldkamp do not necessarily do the same. In this instance, the City is acting in its best interest to achieve development at the least cost to the City. This is a unique situation in which the property will be . '. transferred to the City in the event that the map is not extended. Currently, the City and Agency are now in the process of addressing the disposition of the the Bice and Glaziers property contained within CFD 995 on which the City foreclosed. In the event that the Feldkamp property is transferred to the City, the City will then be confronted with the disposition of the Feldkamp property as well. In the event that the City determines to extend the period to record the tract map, the Settlement Agreement between the City and Dr. Feldkamp must be amended in order to conform the dates contained in the Settlement Agreement to the new deadline for recording the tract map. Specifically, the last date to: (i) ~pply for a grading permit would be extended to June I, 2000; (ii) Commence construction of on-site grading activities would be extended to October I, 2000; (iii)Commence construction of housing units would be extended to December I, 2000; and (iv) The period in which the City will be required to work with the Agency to require the Agency to use its best efforts to provide MAP funds to Dr. Feldkamp's home buyers would be extended by one year to the following: 2000\01 - $50,000; 2001\02 - $100,000; and 2002\03 - $50,000. P:\APPS\WPDATA\SBEO\0121F\026.WPD Dept: Development Services (e; ~ [p) ~~r Subject: Request for a continuance of Final Map for Tentative Tract No. 14193-Southeast comer of Ohio and Olive Avenues. Date: SynopSis of Previous Council Action: MCC DATE: January 10, 2000 10/06/97 Resolution adopted for sale of property to subdivider. FileNo: 10/05/98 Matter continued to November 2, 1998. 12/21/98 Matter continued to March IS, 1999. 3/15/99 Matter continued to June 21, 1999. 6/21/99 Matter continued to January 10, 2000. ~ecommended Motion: That the approval of the Final Map for Tentative Tract No. 14193 be continued to February 22, 2000. ontact Person: Y oun H. Kim ~z: Mi~S Jpporting data attached: Staff Renort JNDING REQUIREMENTS: Amount: Nt A Source (Acct. No.) N/ A (Acct. Description) 'unci! Notes:~ Finance: 1110/00 =1/:2/ I I "" Agenda Item .;yQo/OO #- 3S: '_ITV ,OF 'SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT Subiect: Request for a continuance of Final Map for Tentative Tract No. 14193-Southeast corner of Ohio and Olive Avenues. Backl!round: On October 9, 1990, the Planning Commission approved Tentative Tract No. 14193. Extensions of time were later approved to extend the tentative map to October 9, 1993. An automatic two-year extension was granted by Section 66452.11 of the SUbdivision Map Act, . which extended this tentative map to October 9, 1995; an additional extension of time was approved by the City to extend the tentative Map to October 9, 1996. An automatic one-year extension was granted by Section 66452.13 of the Subdh:ision Map Act extending it to October 9, 1998. On October 5, 1998, the Mayor and Common Council approved a motion to continue this to March 15, 1999, at which time a motion was approved to continue this to June 21, 1999. On June 21, 1999, the Mayor and Common Council approved a motion to continue this item to the first regular meeting in January. Tract No. 14193 is a 76-10t single family residential subdivision. The required improvement securities and certificates of insurance will be f1Ied prior to February 22, 2000 and the prescribed fees will be paid prior to recordation of the fmal map. Additionally, the improvement and grading plans have been prepared. The Final Map has been reviewed and found to be substantially in compliance with the Tentative Map and the Subdivision Map Act. Therefore, we recommend that the matter be continued to February 22, 2000. Financial Imnact: There is no financial impact to the City. Recommendation: Staff recommends that the Mayor and Common Council continue this item to the February 22, 2000 meeting. I ,/I/)/~ ~~h .~nc. ;21 ~(Q)~W 1 2 RFSOLUTlON OF THE CITY OF SAN BERNARDINO APPROVING THE FINAL 3 FOR SUBDIVISION TRACT NO. 14193, LOCATED ON THE SOUTHEAST ORNER OF OHIO A VENUE AND OLIVE AVENUE, ACCuuriG THE PUBUC 4 EDICATIONS AS SET FORTH ON SAID MAP; AND AUTHORIZING EXECUTION 5 F THE STANDARD FORM OF AGREEMENT FOR THE IMPROVEMENTS IN SAID DIVISION, WITH TIME FOR PERFORMANCE SPECll'lIw. 6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF 7 AN BERNARDINO AS FOLLOWS: 8 9 RFSOLUTION NO._ SECTION 1. The Mayor and Common Council find that proposed Subdivision Tract No. 10 4193, located on the southeast comer of Ohio Avenue and Olive Avenue, together with the rovisions for their design and improvements, is consistent with the General Plan of the City of 11 12 an Bernardino. 13 14 15 16 17 18 SECTION 2. The Mayor of the City of San Bernardino is authorized on behalf of said ity execute the standard form of agreement adopted by Resolution No. 84-8 with Dr. I. M. eldkamp, ill for the improvements in said subdivision tract as are required by Title 19 of the an Bernardino Municipal Code and the California Subdivision Map Act. The time for rformance is specified at 24 months. Said improvements are specifically described and shown 19 n Drawings approved and on ~e in the office of the City Engineer of the City of San 20 ardino. 21 SECTION 3. The Final Map of said subdivision tract is hereby approved and the City 22 f San Bernardino hereby accepts as public property all dedications within the subdivision as 23 hown on said Final Map for streets, alleys (including access rights), drainage and other public 24 ments. As a condition precedent to approval of the Final Map, the Subdivider shall first 25 26 xecute the agreement referenced in Section 2 hereof for the improvements within said 27 ubdivision. The City Clerk shall certify the approval and acceptance of the Mayor and 28 ommon Council as set forth in this resolution. 1 2 3 4 5 acceptable financial guarantee to insure construction of the required public improvements, and 6 insurance certificate. 7 SECTION S. This resolution is rescinded if the parties to the agreement fail to execute 8 it within sixty (60) days of the passage of this resolution. 9", 10 RESOLUTION...APPROVING FINAL MAP FOR SUBDIVISION TRACT NO. 14193 LOCATED ON THE SOUTHEAST CORNER OF omo AVENUE AND OUVE AVENUE. ' SECTION 4. Recordation of the Final Map is contingent upon the subdivider filing //I 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTlON...APPROVING FINAL MAP FOR SUBDIVISION TRACT NO. 14193 LOCATED ON THE SOUTHEAST ,CORNER OF omo AVENUE AND OLIVE AVENUE. I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a meeting thereof, held on the _day of , 1998, by the following vote, to wit: Council Members: ABSTAIN ABSENT NAYS AYES ESTRADA LIEN (VACANT) SCHNETZ DEVLIN ANDERSON MILLER City Clerk The foregoing ordinance is hereby approved this of , 1998. day Judith Valles, Mayor City of San Bernardino Approved as to fonn and legal content: JAMES F. PENMAN, City Attorney By: