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Home My WebLink About67-Public Works RP87-58/R~rl7-29/CUP 86-24 CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: ROGER G. HARDGRAVE, Di rector Subject: 275 N. Waterman Avenue Retail Commercial Development at Southeast Corner of Waterman Avenue and Third Street. Request For Waiver of Traffic Syste Fee by Merickel Development Depc Public Works/Engineering D~~ August 23, 1988 Synopsis of Previous Council action: None. Recommended motion: That the request of Merickel Development for waiver of the Traffic Systems Fee for 8uilding "A" of their proposed Retail/Commerical Center at the Southeast corner of Waterman Avenue and Third Street be denied. cc: Jim Robbins, Acting City Administrator Jim Richardson, Deputy City Administrator - Development James Penman, City Attorney Michael Loehr, Acting Planning Director OA Contact person: Mi rh;u:::al W Gr-lIhhc:. Phone: 384-5179 Supporting data attached: ~t" f f R PpOLt ? I P t t pr < Ward: 1 FUNDING REQUIREMENTS: Amount: NI6 . Source: NiA Finance: Council Notes: 75-0262 Agenda Item No. 07 , C~ iV OF SAN BERNARD~.40 - REQU.~T FOR COUNCIL ACT...JN STAFF REPORT In the attached letter of August 12, 1988, Merickel Development is requesting a waiver of the Traffic Systems Fee for Building "A" of their retail/commerical development located at the southeast corner of Waterman Avenue and Third Street. Building "A" is proposed to contain 16,950 square feet and is one of five buildings approved for the site, but not yet constructed. The total proposed square footage of all five buildings is 69,621 square feet. The project has been through several reviews, the most recent of which was Review of Plans 87-58 which was approved 7/23/87 by DRC. The fi rst project revi ew was in 1986 as CUP 86-24 for the enti re site while the most recent plan submitted was 6/24/88 and was approved 8/18/88. We have calculated the Traffic Systems Fee for Building "A", based on its proposed retail use, to be $34,827.00, based on 2,820 new vehicle trips per day generated. Merickel Development is requesting a waiver of this fee because of "prolonged plan check due to structural changes", and because they did not have time to "build in" the fee in their development costs. The Traffic Systems Fee was imposed by Ordinance No. MC-628 which received fi'nal approval on June 7, 1988, but did not become effective until July 7,1988, due to the mandatory 30 day waiting period. The City Clerk routinely insures that legal requirements for advertisement of proposed ordinances are met (newspaper, agendas, request letter on file, etc.). In addition, Engineering Division posted a notice at the front counter adverti si ng the proposed fee. Thi s noti ce was posted in March 1988, and it remained until the fee was approved in June 1988. The BIA was notified of the fee and became heavily involved in the pUblic hearings and committee meetings on behalf of the Building Industry. We feel the advertisement of the proposed fee was adequate; therefore, we do not recommend a waiver based on lack of notification. There was no grace period allowed in the ordinance, except for the 30 day delay in implementation; therefore, it appears the intent of the ordinance is that all new developments and substantial improvements, which will result in a net increase in vehicle trips generated and which did not have a building permit prior to the effective date, be subject to the fee. There was no exemption for projects "in process" as of the ordinance effective date. This project was not subject to any other traffic related improvement costs. Our records indicate the building permit was August 19, 1988; therefore, this project, being traffic generator, is clearly subject to the fee. not appl ied for unti 1 a new and substantial 75-0264 8/ 23/ 88 MERICKEL DEVELOPMENT 129 CABRILLO STREET SUITE 200 COSTA MESA, CA 92627 TELEPHONE (714) 722-1000 August 12, 1988 Planning Director City of San Bernardino 300 N "D" Street San Bernardino, CA 92402 n ,- " i-IIII"'\ ,'.. \- (~l - .7 J n 1(') t:J - ~'88...t7J . ! ~" .. , ; Re: R.O.P. 87-29 275 N. Waterman Dear Sir, Due to a prolonged plan check due to structural changes on our project (R.O.P. 87-29; approved 5/7/87), we request relief from the traffic system fees recently imposed upon the project. We are aware that the remaining four buildings will not be exempt and we will "build in" the fees 1.'Il our development costs. However, we are not able to do this concerning the building at 275 N. Waterman. We feel that our project is an asset to the city and these increased fees make it ever more difficult for the project to be feasible. Thank you for your consideration of our request. ,., . __v John Hogan Construction Manager rri~ 'n; Lu "~ j '.\'/ n= w ':-- ~ U 'd L~ ~ ,. I I" ["" . -' AUG 1 5 1988 CITY p~J'..\!r'~-;"l"" ~;;-':",r; ;~;\~[:~T SJ.\;"U BUHJ.i".;'iC:;~Lj, LA I~~.C~EL uE~E~OP~ENT DL 12q CAijRILLJ ST SUITE ~oo COSTA ~ESA CA q2~27 12AM .,-. "",,.1 to" PO~ T,J;@ West~rnM -I @~~ ~ Union al gram ~ ES : **.'*..* 1-02'52855225 08/12/88 ICS IPMHNCZ CSP LSAA 71~7221000 ~GMB TORN COSTA MESA CA 12q 08-12 015lP ~ST ~ THE PLANNING aIRECTOR CITY OF SAN BERNARDINO 300 NORT~ D ST SAN RERNARnINO CA q2402 '\--.. " _.' '[ , . ...., ' t ~"l d _! '.,~ , ;-~ f. -:-':j ~ [PI 111 AUG 15 1988 ;j.',.. ".-rn . , ';.i '...'1. /," , ,..-0., REi ROP R7-Zq 275 NORT~ WATERMAN \B. .... " " " DeAR SIR " DUE TO A PROLONGED PLAN CHECK DUE TO STRUCTURAL CHANGES ON OUR PROJECT CROP 87.2Q, APPROVF.D 5/7/87) WE REGUEST RELEASE FROM THE TRAFFIC SYSTEM FEES RECENTLY IMPOSED UPON THE PROJECT, ~E ARE AWARE T~AT T~E REMAINING" BUILDINGS WILL NOT BE EXEMPT AND wE ~lLL "RUlLO IN" THE FEES IN OUR DEVELOPMENT COSTS HOWEVER WE ARE NOT ABLE TO no THIS CUNCERNING THE BUILDING AT 275 NORTH WATERMAN, WE FEEL THAT OUR PROJECT IS AN ASSET TO THE CITY AND THESE INCREASED FEES MA~E IT EVER MoRE DIFFICULT FOR THE PROJECT TO BE FEASI8LE, THANK YOll FUR YOUR CONSIDERATION OF OUR REGUEST JOHtl HOGAN CONSTRUCTION MANAGER Dis3 fST MliMCOMP ht. &..r_ 04&/ n, ,t:er ~s~ s", , cr~ ~'~r; 8y J3J.n ~ /"llA./G- g- /.r-<f'i' '" ro ~ 'E. '" N "' TO REPLY BY MAILGRAM MESSAGE, SEE REVERSE SIDE FOR WESTERN UNION'S TOLL, FREE PHONE NUMBERS ME RICKEL DEVELOPMENT 129 CABRILLO STREET SUITE 200 COSTA MESA, CA 92627 TELEPHONE (714) 722-1000 ,tT\~~ 0'\-V "'" >6 REC'D.-ADMIN. .F,. 1988 SEP -, AM 9: 56 ~:Ft-'= ' >:0 ~. -.' 1Q11 )1 . v August 31, 1988 City Council City of San Bernardino 300 "D" Street San Bernardino, CA 92402 Re: Petition for Relief of Traffic System Fee Phase II, Warm Creek Center Parcel Map 8664 Dear Ladies and Gentlemen, H}IS, Ltd., owner and developer of the above referenced property respectfully requests a two week extension of our Petition for Relief of the Traffic System Fee for Phase II of our project at the corner of Third Street and Waterman Avenue before the Council. Our request is scheduled to be heard before the City Council on September 6, 1988. We wish to present our Petition before the City Council at their regularly scheduled meeting on September 19, 1988. HMS, Ltd. also wishes to introduce to the City Council via this letter, Mr. John Littleburn, who will serve as the developer's representative for this petition. Respectfully yours, HMS, Ltd. Merickel Development General Partner Iz/ ./'" '//(('/ i//t?/ ,/'/t.- .:'- ~ v ~.... Ronald P. Merickel President / cc: Michael Grubbs Engineering Department