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Fil'" No. 3.01
CIT' OF SAN BI!RNARDIPkI - RI!QUI!~ ( FOR COUNCIL ACT..4N
From:
ROGER G. HARDGRAVE
Subject:
Appeal of Norm Helbley of Invalid
Planning Commission Action --
Granting of Sewer Connection
Waiver No. 88-4, 1041 . Drive
Dept:
Public Works/Engineering
Date:
10-13-88
Synopsis of Previous Council action:
None.
Recommended motion:
1. That the appeal by Mr. Norm Helbley, relative to permits for 1041
Hill Drive not having been issued due to invalid Planning Commission
action, be denied.
2. That approval be granted to reimburse Mr. Norm Helbley for costs
incurred in extending the sewer main in excess of 300 feet, as
required to obtain sewer service for 1041 Hill Drive, at an esti-
mated amount of $18,000.
3. That the transfer of $18,000 from Account No. 245-365-57729, IIInter-
ceptor Sewer - Phase VIII,II to Account No. 245-365-57730, IIHill
Drive, west of 11111 Street,1I be approved.
4. That the proposed revision to Sub-Section B of Section 13.32.070 of
the Municipal Code be approved in principle, and the City Attorney
directed to prepare the final draft for adoption.
cc: Jim Robbins
Jim Penman
Jim Richardson
Andy Green
~1i ke Loehr
Contact person:
Roger G. Hardgrave
Phone:
5025
5
Supporting data attached:
Staff Report & Legal Opinion WMd:
FUNDING REQUIREMENTS:
Amount: $18,000
Source: (Acct. No.) 245-365-57729-
(Acct. DescriPtion) Interceptor Sewer - Phase VIII
Finance: (\""JitJ A) rv-- -----
Council Notes:
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CIT\ OF SAN BERNARDlh.J - REQUE~~J FOR COUNCIL ACT-.JN
STAFF REPORT
Page 1 of 2
Ordinance No. MC-614 was adopted on 12-21-87, to require
that new developments connect to the City.s sewage system. This
requirement could be waived upon the recommendation of the Planning
Commission where: (1) the proposed project is on a lot one-half
acre or larger, and (2) where the Planning Commission makes a
finding that a natural obstruction prevents the extension of the
sewer line in the manner required by this section.
A request for a waiver was submitted by Mr. Norm Helbley,
for his 8,220 sq. foot lot at 1041 Hill Drive. This request was
based upon the fact that approximately 750 feet of sewer main would
have to be installed, at a cost of $22,500 to $30,000, in order to
serve this parcel. At their meeting of 8-9-88, the Planning Com-
mission approved the request for a waiver, contrary to the advice
provided by Mr. Henry Empeno, Deputy City Attorney, that the action
would be invalid since the required findings had not been made.
Mr. Empeno advised us verbally,after the meeting, that we
should not issue permits, since the action to approve the waiver
was invalid. This advice was supplemented by Written Opinion No.
88-34, dated 10-12-88.
An appeal, by letter dated 10-12-88, of the administrative
decision to not issue permits, has been submitted by Mr. Helbley,
under Section 2.64.030 of the Municipal Code.
We recommend that the appeal by Mr. Helbley be denied, based
upon the fact that the recommendation by the Planning Commission was
not valid, since the findings required by Ordinance No. MC-614 were
not made.
A provision is included in this ordinance that an owner who
is required to extend a sewer main over 300 feet in order to secure
sewer service, may petition the Mayor and Common Council for reim-
bursement of costs for that portion of the main in excess of 300
feet. The City Engineer may recommend that the owner be paid for
the costs of more than 300 feet, after considering the following
criteria:
1. That the extension represents a logical and reasonable
extension of sewer line.
.2. Properties along the extension have a reasonable proba-
bility of development within the ensuing 10 years.
3. There are sufficient unencumbered monies in the Sewer
Line Construction Fund (245) to finance the line.
4. The extension does not conflict with or delay the five-
year sewer line construction plan.
10-13-88
75-0264
--....--
CIT. OF SAN BERNARDI hi\) - REQUE~r FOR COUNCIL ACTION
STAFF REPORT
Page 2 of 2
5. The extension is in compliance with the General Plan.
6. Applicant is not receiving any other form of government
financing, including but not limited to inducement,
reimburseme~t, or fee waiver for such development.
After considering these criteria, I am able to recommend to
the City Administrator that payment be made for allowable costs.
It is estimated that this payment would be from $13,500 to $18,000,
with the applicant's share for 300 feet from $9,000 to $12,000.
These amounts are based upon a total estimated cost of from $30 to
$40 per fQot.
The ordinance further provides that the City Administrator
will make a recommendation to the Mayor and Common Council, based
upon the above information.
Ordinance No. MC-614 was drafted to provide very limited
exceptions. However, it has since been realized that some additional
exceptions should be allowed, such as for in-fill development, where
the existing structures in the area are not connected to the City
sewage system, and where a development will not generate any sewage.
Therefore, it is recommended that sub-section B of Section 13.32.070,
of the Municipal Code, be revised to read as follows:
B. The requirement to connect to the City's sewage system
may be waived by the Director of Public Works/City Engineer where
one or more of the following conditions are satisfied:
1. The proposed development will be built on a lot larger
than one-half acre.
2. A natural obstruction, such as a hill, stream or
adverse grades, prevents the extension of a sewer line
to serve the development.
3. The development is an in-fill project, where the existing
structures within the area are not on the sewer system.
4. No sewage will be generated by the proposed development,
except for additions to existing structures.
We recommend that the appeal be denied, that approval be
granted to pay the applicant for reimbursement costs incurred in
extending the sewer line in excess of 300 feet, the proposed re-
vision of Section B of Section 13.32.070 of the Municipal Code_ be
approved, and the City Attorney directed to prepare a final draft for
adoption.
10-13-88
75-0264
BERNARDINO 3OQNORTH"O"STREET,SAN BERNAROINO, CALIFORNIA 92418
JAMES F. PENMAN October 12, 1988
CITY ATTORNEY
(714) 384-5355
Opinion No. 88-35
10.38
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ROGER G. HARDGRAVE
Director, Public Works/Engineering
RE: Sewer Connection Waiver 88-4
Owner: Norm Helbley
Location: 8,220 square foot parcel on the
South side of Hill Drive approximately 750
feet West of "I" Street.
ISSUE
The question has been presented whether the Public
Works/Engineering Department should withhold issuance of grading
and building permits for the above-referenced project because the
Planning Commission's approval of Sewer Waiver Connection No.
88-4 was invalid?
ANALYSIS
On August 9, 1988, the Planning Commission approved Sewer
Connection Waiver 88-4 subject to two conditions regarding future
connection to the sewer system and participation in an assessment
district.
Ordinance MC-614 (copy attached), adopted by the Common Council
on December 21, 1987, amend~d San Bernardino Municipal Code
Section 13.32.070 to permit a waiver of the requirement to
connect to the City sewer system upon the recommendation of the
Planning Commission where:
"(1) the proposed project is on a lot one-half acre or
larger, and
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Page Two
Opinion 88-3$
(2) where the Planning Commission makes a finding that
a natural obstruction prevents the extension of the
sewer line in the manner required by this section."
One-half acre equals 21,780 square feet.
This parcel in question is 8,220 square feet and is located in an
area designated RS in the Interim Policy Document. The RS
designation requires a minimum lot size of 10,800 square feet.
The Planning Department has found that there are no natural
obstructions which would restrict a sewer extension to this site.
(See copy of Planning Department memo to Planning Commission
dated August 2, 1988, attached).
The Planning Commission passed the motion to approve this sewer
waiver based on the following findings of fact:
"1. The Planning Commission determined that the size
of the parcel, coupled with the proposed use, warranted
the sewer connection waiver.
2. The distance from the site of the proposed project
to the existing sewer main poses a natural obstruction
to sewer connection."
Clearly, the Planning Commission's decision was invalid and an
abuse of discretion because it failed to follow the requirements
of MC-6l4. The parcel in question is not one-half acre or
larger. "Distance" is not a "natural obstruction" which
prevents the extension of the sewer line to this site.
CONCLUSION
Because the Planning Commission's decision to approve the sewer
connection waiver was invalid, the Public Works/Engineering
Department should withhold issuance of any grading or building
permits for the above referenced project. If the owner-applicant
disagrees, he may appeal to the Council pursuant to San
/ / / /
/ / / /
/ / / /
/ / / /
/ / / /
Page Three
Opinion No. 88-35
Bernardino Municipal Code Section 2.64.010 et seq.
~J;.~
HENRY EMPERO, JR.
Deputy City Attorney
HE/dys
cc: Evlyn Wilcox, Mayor
James Robbins, Acting City Administrator
Shauna Clark, City Clerk
Michael Loehr, Director, Planning Department
Concur:
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City of San Bernardino
STATEMENT OF OFFICIAL PLANNING COMMISSION ACTION
PROJECT
Number:
Sewer Waiver Connection No. 88-4
Applicant:
Frank Tracadas
ACTION
Meeting Date: August 9, 1988
X Approved Adoption of Request Subject to the
following Findings of Fact and Conditions of
Approval.
Denied.
withdrawn by Applicant. .
FINDINGS OF FACT
1.
The Planning Commission determined that
parcel, coupled with the proposed use,
sewer connection waiver.
the size of the
warranted the
2. The distance from the site of the proposed project to
the existing sewer main poses a natural obstruction to
sewer connection.
CONDITIONS
1.
Should the sewer main be extended to within 200
the subject property, the development shall be
to connect to the sewer system.
feet of
required
2.
This property shall be required to participate
ass ssment district, should one be. formed to
sewer lines to the area.
in an
extend
VOTE
Ayes:
Nays:
Abstain:
Absent:
Corona, Lindseth, Lopez, Nierman, Sharp, Stone
None
Brown
Cole, Gomez
city of San Bernal_ino
STATEMENT OF OFFICIAL PLANNING COMMISSION ACTION
Sewer Waiver Connection No. 88-4
Page 2
I, hereby,
accurately
Commission
certify that this Statement of
reflects the final determination
of the City of San Bernardino.
A" Li//,Lfi
. //J11.C ~
SJ.gnature
Official Action
of the Planning
fw~}
Michael W. Loehr, Interim Director of Planning
Print or Type Name and Title
/mkf
PCAGENDA:
PCACTION
,.
CITY OF SAN r' ERNARDINO - r "EMORANDUM
To Planning Commission
From Planning Department
Subject Sewer Connection Waiver 88-4
Date August 2, 1988
Approved
Agenda Item #: 8
Date
OWNER
Norm Helbley
20230 Pueblo Court
Riverside, California 92508
APPLICANT
Frank Tracadas
463 N. Sierra Way
San Bernardino, California 92410
REOUEST
In accordance with Ordinance MC-614, Frank Tracadas requests
a waiver of the mandatory sewer connection (see Attachment
"C") .
LOCATION
The property in question is a 8,220 square foot parcel
located on the south side of Hill Drive approximately 750
feet west of "I" Street (see Location Map, Attachment "Oil).
MUNICIPAL CODE
Ordinance MC-614 states that the Planning Commission may
waive the requirements to connect all premises directly to
the City sewer system where (1) the proposed project is on a
lot one-half acre or larger, and (2) where the Planning
Commission makes a finding that a natural obstruction
prevents the extension of the sewer line in the manner
required by the ordinance.
BACKGROUND
Since Ordinance MC-614 was adopted, the Planning commission
has recommended waivers of the sewer connection for
industrial uses in several instances. San Bernardino Steel
and Milkes-Osborn, Inc., both of which are located on
Industrial Parkway east of Palm, received waivers due to
natural obstruction and lot size. In addition, both of these
are located more than two miles from the sewer line. The
approval of these two applications was conditioned that the
applicants connect to the sewer when it was within 200 feet
PLANNING COMMISSION
RE: Waiver of Sewer Connection 88-4
August 2, 1988
Page 2
of their property and that they not protest an assessment
district being formed. A waiver was also recommended for a
2.5 acre site in the R-1-1 Acre Zone. This site met the two
findings required for a sewer waiver.
ANALYSIS
Size of Parcel
The site is located in the R-3-200 Multiple Family
Residential Zone. However, the Interim Policy Document (IPD)
and the Preferred Land Use Alternative designates this area
as RS Residential Suburban. The compatible zone district
standards applicable to the RS designation are R-1-10,800,
which requires a minimum lot size of 10,800 square feet,
unless the parcel was in existence prior to 1953. This lot
size problem makes an approval of the sewer waiver
inconsistent with the IPD. The size does not meet the
required finding for 1/2 acre minimum lot size for a sewer
waiver.
Obstructions
There are no natural obstructions which would restrict sewer
extension to this site.
Existinq Conditions
The site is currently vacant and is bordered by vacant land
to the immediate west, east and north. High density
apartments are located to the south. The surrounding area
includes single-family residences, some interspersed with
vacant areas and a large vacant area to the north. The
subject property is adjacent to a County island that is
within the City. Except for four parcels to the east of the
site, most of the parcels on the south side of Hill Drive are
located in the County.
The sewer main is located approximately 750 feet east of the
parcel in question at "I" Street and Hill Drive. septic
tanks are used for the existing single-family homes and the
apartments located in the City. The county area is served by
septic tanks and not connected to the City sewer system. The
vacant area to the north does not require sewer hook-up at
this time.
To extend the sewer 750 feet to one single-family residences
would be expensive. The cost to extend a sewer line is
approximately $30 to $40 per foot which would require $22,500
to $30,000 for this project.
PLANNING COMMISSION
RE: Waiver of Sewer Connection 88-4
August 2, 1988
Page 3
If a sewer connection waiver was granted, a condition
requiring the connection to the City sewer system when the
line is extended within 200 feet of the parcel could be
imposed. If the vacant area to the north side of Hill Drive
is developed and a sewer line is extended, this property
could connect to the City system. A condition requiring the
parcel to be used for single-family development could be
imposed also.
Arrangements could be made for reimbursement in conjunction
with other development as it occurs to the north. However,
if no development occurs in 10 years, the owner could not be
reimbursed.
Aaencv Comments
The City Engineering Department has stated that the sewer
could be extended to the site. The construction cost may be
high and it is the responsibility of the owner to extend the
main.
CONCLUSION
The site is not larger than 1/2 acre as required by the
ordinance. It is not separated from the closest sewer line
by a natural obstruction. The site is located approximately
750 feet from the existing sewer main and the proposed
project is one single-family residence on a 8,220 square foot
parcel. The size lot is not consistent with the IPD. There
are options which would allow the parcel to hook up when the
sewer main is extended as development occurs to the north: or
to extend the line and if development occurs within ten
years, a reimbursement could be made.
RECOMMENDATION
Based on the Findings of Fact (Attachment
recommended that the Planning commission
Connection Waiver No. 88-4.
nAn) ,
deny
it is
Sewer
Respectfully submitted,
MICHAEL W. LOEHR
Interim Director of planning
/1J(I~'~
Mar;t;:i;~
Planner I
PLANNING COMMISSION
RE: Waiver of Sewer Connection 88-4
August 2, 1988
Page 4
Attachment "A":
Attachment "B":
Attachment "C":
Attachment "D":
Findings of Fact
Applicant's Letter
site Map with Sewer Main Location
Location Map
pcagenda.SCW884M
7/26/88
ATTACHMENT "A"
CITY OF SAN BERNARDINO PLANNING DEPARTMENT
CASE sew 88-4
FINDINGS of FACT
\.
AGENDA ITEM R
HEARING DATE 8 /2 /88
PAGE 5
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1. The size of the subject parcel does not meet the 1/2
acre minimum required by MC-614 to qualify for the
requested waiver.
2. The site does not have any natural obstruction
restricting the extension of the sewer line.
3. The proposed waiver is not consistent with the Interim
Policy Document adopted by the Mayor and Common Council
on May 23, 1988, amended on June 6, 1988, and approved
by the state Office of Planning and Research on June 9,
1988.
pcagenda.scw884F
7/26/88
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FRANK TRACADAS & ASSOCIATES, INC.
ATTACHMENT "B"
Structural Engineering, Civil Engineering, Land Planning & Design
July 1, 1988
SAN BERNARDINO CITY PLANNING COMMISSION
300 North "D" Street
San Bernardino, CA. 92418
RE: Sewer System
1041 Hill Drive
City of San Bernardino
Dear Honorable Members of the Planning Commission:
We hereby request a waiver from the requirement that the
above-referenced lot be required to connect to the existing
City Sewer System.
The lot in question is 60' x 137' and is located on the south
side of Hill Drive easterly of Cajon High School.This particular
piece of property was annexed into the City in order to annex
the piece of property located just to the south of it. This piece
to the south contains high density apartment units which are not
connected to the existing City Sewer System.
To install approximately 750' of sewer main to serve only one
single family residence in this particular area is not econom-
ically feasible. Attached is a print of showing the lot in
question, the high density units to the south and the location of
the existing sewer mains in the area.
Thank you for your help and consideration in this matter.
Very truly yours,
FRANK TRACADAS & ASSOCIATES, INC.~
~-,,~ta- ~
Frank Tracadas,-cE.
xc: Norm Helbley
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AGENDA
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LOCATION
CASE SCW 88-4
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