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HomeMy WebLinkAbout38-Development Services CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ~~ rPY From: James Funk, Director Dept: Development Services Date: November 9, 2004 File No: 11.03; TR 14112 Subject: Approve continuance of Final Map for Tentative Tract No. 14112-located northeasterly of the intersection of Foothill Drive and Sterling Avenue. Synopsis of Previous Council Action: MCC DATE: 11-15-04 05/17/99 Continued to August 16, 1999 08/16/99 Continued to December 7, 1999 12/06/99 Continued to March 6, 2000 03/06/00 Continued to June 5, 2000 06/05/00 Continued to September 5, 2000 09/05/00 Continued to December 4,2000 12/04/00 Continued to March 5, 2001 03/05/01 Continued to June 4, 2001 06/04/01 Continued to September 4, 2001 09/04/01 Continued to December 3,2001 12/03/01 Continued to March 4, 2002 Recommended Motion: 03/04/02 Continued to June 3, 2002 06/03/02 Continued to December 2, 2002 12/02/02 Continued to January 21,2003 01/21/03 Continued to May 19,2003 05/19/03 Continued to August 18, 2003 08/18/03 Continued to November 17, 2003 11/17/03 Continued to May 17, 2004 05/17/04 Continued to November 15,2004 That the Mayor and Common Council approve continuance of the Final Map for Tentative Tract No. 14112 to the meeting of May 16,2005. ~ Phone: 5179 4 Contact Person: Mike Grubbs Supporting data attached: Staff Report and Map. Ward: FUNDING REQUIREMENTS: Amount: N/ A Source (Acct. No.) N/ A (Acct. Description) N/ A Finance: Council Notes: Ag.nd. 110m Nn~ { /1 ~ /O/j CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT Subiect: Approve continuance of Final Map for Tentative Tract No. 14112-1ocated northeasterly of the intersection of Foothill Drive and Sterling Avenue. Back2round: On November 7, 1990, the Planning Commission approved the Tentative Tract No. 14112, a 55- lot, single family, residential subdivision. On May 18, 1994, the Planning Commission authorized an extension of the time limit for approval of the tentative tract map. An automatic two-year extension was granted according to the provisions of Section 66452.11 of the Subdivision Map Act, which extended the approval date to May 18, 1996. An additional extension was granted according to the provisions of Section 66452.13 of the Subdivision Map Act, extending the approval date to May 18, 1998. The Planning Commission approved the final extension, extending the tentative map to May 18, 1999. Because the final map and subdivision securities had not been submitted on May 17, 1999, the Mayor and Common Council approved a motion to continue the Resolution approving the final map to August 16, 1999. On August 16, 1999, the Mayor and Common Council approved a motion to continue the Resolution approving the final map to December 7, 1999. On December 7, 1999, the Mayor and Common Council approved a motion to continue the Resolution approving the final map to March 6, 2000. On March 6, 2000, the Mayor and Common Council approved a motion to continue the Resolution approving the final map to June 5, 2000. On June 5, 2000, the Mayor and Common Council approved a motion to continue this item to September 5, 2000. On September 5, 2000, the Mayor and Common Council approved a motion to continue the Resolution approving the final map to December 4, 2000. On December 4, 2000, this item was continued to March 5, 2001. On March 5, 2001, this item was continued to June 4, 2001. On June 4, 2001, this item was continued to September 4, 2001. On September 4,2001, this item was continued to December 3,2001. On December 3,2001, this item was continued to March 4, 2002. On March 4, 2002, this item was continued to June 3, 2002. On June 3, 2002, this item was continued to December 2,2002. On December 2,2002, this item was continued to January 21,2003. On January 21,2003, this item was continued to May 19,2003. On May 21,2003, this item was continued to August 18, 2003. On August 18, 2003, this item was continued to November 17,2003. On November 17,2003, this item was continued to May 17, 2004. On May 17,2004, this item was continued to November 15,2004. Prior to the action of the Mayor and Common Council on June 3, 2002, the City Engineer and Senior Engineer informed the potential developer and property owner's representative of the verbal comments expressed by members of the Common Council at the meeting of June 3, 2002, expressing reluctance to grant any additional continuances and the possibility that there would be no additional continuances for this tract beyond December 2, 2002. Also, staff informed the developer and property owner of the need to prepare all required documents and necessary plans. However, on December 2, 2002, the Mayor and Common Council approved a continuance to January 21,2003. 2 CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT - continued Since May 18, 1999, the property owner has failed to submit the documents required for approval of the final map. The required documents include: 1. Bonds - Faithful Performance Bond - $1,820,000.00, Labor Material- $910,000.00, Guarantee and Warranty Bond - $455,000.00, Staffing Bond - $17,000.00, Grading Bond - $852,000.00; 2. Fees - Street Light Electrical Energy Fee - $14,656.80, Street Improvement Plan Checking Fee - $48,533.00, Final Map - $2,650.00, Grading Plan Checking Fee - $1,295.50, Traffic Signal Modification Fee - $15,000; 3. Subdivision Agreement; 4. Original Final Map that is executed by the property owner and the Engineer; 5. Off-site improvement plan. Subsequent to the last continuance granted by the Mayor and Common Council, neither the Developer nor its Engineer contacted the Development Services Department. Please note that all the above-mentioned five items must be completed prior to the Mayor and Common Council taking action to adopt the Resolution approving the Final Map. As of November 9,2004, none of the five items listed above have been submitted for this project. A letter requesting a continuance was received from the developer's attorney on November 9, 2004. According to the letter, it is believed that the project will be brought to a speedy conclusion hereafter. The $75.00 continuance fee has been paid. Financial Imoact: There is no financial impact to the City. Recommendation: That the Mayor and Common Council approve continuance of the Final Map for Tentative Tract No. 14112 to the meeting of May 16,2005. 4 CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL Ac~lGINAL From: James Funk, Director Dept: Development Services Date: May 11, 2004 File No: 11.03; TR 14112 Subject: Deny continuance of Final Map for Tentative Tract No. 14112- located northeasterly of the intersection of Foothill Drive and Sterling Avenue. Synopsis of Previous Council Action: MCC DATE: 05/17/2004 05/17/99 Continued to August 16, 1999 08/16/99 Continued to December 7, 1999 12/06/99 Continued to March 6, 2000 03/06/00 Continued to June 5, 2000 06/05/00 Continued to September 5, 2000 09/05/00 Continued to December 4, 2000 12/04/00Continued to March 5,2001 03/05/01 Continued to June 4, 2001 06/04/01 Continued to September 4, 2001 09/04/01 Continued to December 3, 2001 12/03/01 Continued to March 4, 2002 Recommended Motion: 03/04/02 Continued to June 3, 2002 06/03/02 Continued to December 2, 2002 12/02/02 Continued to January 21,2003 01/21/03 Continued to May 19,2003 05/19/03 Continued to August 18, 2003 08/18/03 Continued to November 17,2003 11 /17/03 Continued to May 17, 2004 That the Mayor and Common Council deny continuance of Final Map for Tentative Tract No. 14112. OR That the Mayor and Common Council approve a final continuance of the Final Map for Tentative Tract No. 14112 to the meeting of November 15, 2004. ~~ James Funk Phone: 5179 4 Contact Person: Mike Grubbs Supporting data attached: Staff Report and Map. Ward: FUNDING REQUIREMENTS: Amount: N/ A (Acct. Description) @a.~ S//7/{}~ #20 I I Council Notes: Source (Ace!. No.) N/ A N/A Finance: , Agenda Item /1-/5"- Olj -Ji. 3~ CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION ST AFF REPORT Subject: Deny continuance of Final Map for Tentative Tract No. 14112-located northeasterly of the intersection of Foothill Drive and Sterling Avenue. Back2round: On November 7, 1990, the Planning Commission approved the Tentative Tract No. 14112, a 55- lot, single family, residential subdivision. On May 18, 1994, the Planning Commission authorized an extension of the time limit for approval of the tentative tract map. An automatic two-year extension was granted according to the provisions of Section 66452.11 of the Subdivision Map Act, which extended the approval date to May 18, 1996. An additional extension was granted according to the provisions of Section 66452.13 of the Subdivision Map Act, extending the approval date to May 18, 1998. The Planning Commission approved the final extension, extending the tentative map to May 18, 1999. Because the final map and subdivision securities had not been submitted on May 17, 1999, the Mayor and Common Council approved a motion to continue the Resolution approving the final map to August 16, 1999. On August 16, 1999, the Mayor and Common Council approved a motion to continue the Resolution approving the final map to December 7, 1999. On December 7, 1999, the Mayor and Common Council approved a motion to continue the Resolution approving the final map to March 6, 2000. On March 6, 2000, the Mayor and Common Council approved a motion to continue the Resolution approving the final map to June 5, 2000. On June 5, 2000, the Mayor and Common Council approved a motion to continue this item to September 5, 2000. On September 5, 2000, the Mayor and Common Council approved a motion to continue the Resolution approving the final map to December 4, 2000. On December 4, 2000, this item was continued to March 5, 2001. On March 5, 2001, this item was continued to June 4, 2001. On June 4, 2001, this item was continued to September 4, 2001. On September 4, 2001, this item was continued to December 3, 2001. On December 3,2001, this item was continued to March 4, 2002. On March 4, 2002, this item was continued to June 3, 2002. On June 3, 2002, this item was continued to December 2, 2002. On December 2, 2002, this item was continued to January 21,2003. On January 21,2003, this item was continued to May 19, 2003. On May 21,2003, this item was continued to August 18, 2003. On August 18, 2003, this item was continued to November 17, 2003. On November 17, 2003, this item was continued to May 17, 2004. Prior to the action of the Mayor and Common Council on June 3, 2002, the City Engineer and Senior Engineer informed the potential developer and property owner's representative of the. verbal comments expressed by members of the Common Council at the meeting of June 3, 2002, expressing reluctance to grant any additional continuances and the possibility that there would be no additional continuances for this tract beyond December 2, 2002. Also, staff informed the developer and property owner of the need to prepare all required documents and necessary plans. However, on December 2, 2002, the Mayor and Common Council approved a continuance to January 21,2003. 2 CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT - continued Since May 18, 1999, the property owner has failed to submit the documents required for approval of the final map. The required documents include: I. Bonds - Faithful Performance Bond - $1,820,000.00, Labor Material - $910,000.00, Guarantee and Warranty Bond - $455,000.00, Staffing Bond - $17,000.00, Grading Bond - $852,000.00; 2. Fees - Street Light Electrical Energy Fee - $14,656.80, Street Improvement Plan Checking Fee - $48,533.00, Final Map - $2,650.00, Grading Plan Checking Fee - $1,295.50, Traffic Signal Modification Fee - $15,000; 3. Subdivision Agreement; 4. Original Final Map that is executed by the property owner and the Engineer; 5. Off-site improvement plan. Subsequent to the last continuance granted by the Mayor and Common Council, neither the Developer nor its Engineer contacted the Development Services Department. Please note that all the above-mentioned five items must be completed prior to the Mayor and Common Council taking action to adopt the Resolution approving the Final Map. As of May II, 2004, none of the five items listed above have been submitted for this project. If this request for continuance is denied, Tentative Tract No. 14112 will expire and the Developer will be required to submit a new tentative tract application ifhe wishes to proceed. The current Developer had ample time to submit at least some of the items required for recording of this map. Due to the fact that none of the required items have been submitted, staff recommends that the request for continuance be denied. However, if the Mayor and Common Council elect to approve another continuance, staff recommends that the additional continuance be the final one. Resolution No. 90-458 imposes a fee of $75.00 payable to the City Clerk for the processing of a request for continuance of a City Council Agenda Item. The applicant was notified of the requirement to pay this fee on November 12,2003. A letter requesting a continuance was received from the developer's attorney on May 12.2004, and the $75.00 continuance fee has been paid. Financial Impact: There is no financial impact to the City. 4 , , ""., A"'"~ _.-'>.:-",(<:,~"-"/~ ..., '/ (!k/k '--'\c J20 '-~/( 1 101/ CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT - continued Recommendation: That the Mayor and Common Council deny continuance of Final Map for Tentative Tract No. 14112. OR That the Mayor and Common Council approve a final continuance of the Final Map for Tentative Tract No. 14112 to the meeting of November 15,2004. 4 t~~y LAW OFFICES YOUNG, HENRIE, HUMPHRIES & MASON BARRY 5 MASON RANDAL P HANNAH UNION BANK BUILDING IS8 NORTH EUCLID AVENUE, SECOND FLOOR P. 0 BOX 398 UPL.AND, CALIFORNIA 91785-0398 BERT W HUMPHRIES,..JR OF COUNSEL November 8, 2004 19091 629-252 I (909) 949-8540 FACSIMILE (909) 949-8069 RICHARD T YOUNG HOMER H. HENRIE VIA PERSO~R~ELIVERY RACHEL CLARK, CITY CLERK 300 North "D" street San Bernardino 92418-0001 R ~ ;-~.I Re: Sterlinq Heiqhts Property - Tentative Tract #14112 File No.: TR 14112 Request for Continuance City Council Hearing Date: November 15, 2004 I 'c, u '''"-, .J::.,. Dear Ms. Clark: In compliance with city Resolution No. 90-458, we are forwarding to you the required payment of $75.00 to cover the processing fee for the request for continuance which has been submitted concurrently herewith to Fred Wilson, City Administrator. Please acknowledge receipt of this letter and the payment of this fee on the copy of this letter and provide us with a receipt for payment. Please give these documents to our messenger for forwarding to us. Should you have any questions or need additional information, please contact the undersigned at the above number or address. Very truly yours, YOUNG, HENRIE, HUMPHRIES & MASON a;!!:~ Attorneys for Owner Sterling Heights Tentative Tract #14112 F \BSrv!\~lCS\L:OC'--t,!Clerk3 ND.3S , 1/15"( DV BSM:lva Encls. CITY OF SAN BERNARDINO MISCELLANEOUS CASH RECEIPT No.730870 "-~~;I; $ ~ ._..-..oM .. .. ...-111''''' 111"'" 9 lj , ':;tDate: 1/--0 c: ~... C- ..._- ... ... C-(J :>-... o-a:~ o U- so- a: -~~ ~~~ 8-- --:II: ...... ...... g~tk Received From: fYtrz f2 ( IY} AG MJ ... s: 'X The S~ of eVen h _ h v/4; 1_ L( 1-111 1-- ~ ( I ACCOUNT NO. AMOUNT ~ ~uC::~ tY? r:::orL. ((;,1 T7nL-lA1. CC I (X) -a:o- </303 1 s-' CO For: ()JC ~ - '({lA<T 7i:- / \..1/ f;:). ~ --TGnJP'n ut .. ... a<s>o ... '" ~Si~ -0 "',..., c: .......s: '" 0-_'-' ... 0- Bi /h r L ____ Department: C/-17 cu:IU C Total IJ". 0 B DISTRIBUTION: (!!}nf:-customer; Canary-Cashier; Pink-Depart;;enl; Goldenrod-Depl. Numeric Control - ~":'...~.~-:.- ........ . ~"" CITY OF SAN BERNARDINO CASHIERING fH CUSTClER RECEIPT fH Oper: ZGOMEZ Type: DC Drawer: 1 Date: I1iIiV04 81 Receipt no: 398124 Description Quantity A.ount SF MISC SHlRT FORI! 1.80 1730878 $75.88 :~:~-'~._~~!?f:~~i~1q;t:'~,~~tA:~f}' Tender detail CM CIECK - M BJ.;2 $75. 88 Total tendered $75.88 Total pay.ent $75.88 Trans date: 11189/04 Tile: 14:19:85 fH nm< YOO FOR YOUR PAYIENT .H . :-=-~ ~ ------ , . YOUNG HENRIE HUMPHRIES & MASON ATTORNEYS COST ACCOUNT 188 N EUCLID AVE. PO BOX 398 UPLAND, CA 91785-0398 8342 DATE 11/08/04 90-3414/1222 ;,,11. ~€~~ OF . ***SEVENTY-FIVE DOLLARS AND 00/100******************************************* A . DOUARS ~ ~ .. I Tentative Tract CITIZENS i "14112 BUSINESsB_'<N1l 1t 1095 N Garey Ave Pomona. CA 91767 I FOR Req. for Cont. Fee - Sterling Heights .' I 1I1008~'" 2111 I: ~ 2 2 2~'" ~...t1I: It... ~ CITY CLERK I $ 75.00 5?,",~ 2l711~ao~~ \ 1 "I , . . - ':>ri~~~~~)~~~~~~~:?~~'.~~f}~~~;i~!i~{t;,;~~1:~~~~ti~,:t~~~~<4l~f:~%~~i~~'~~~:f%~~~~tI:~;$~::~~:~~i~};i0ii;ff~~~~i';~' .' :'~:~;$J~~:~~~~1f;t~5~~~]~~}-~ NOV. 9.2004 2:2ePM Yl-H.M ~TTORNEYS NO. 893 P.2/3 LAW g'-"II;I;. YOUNG, HeNRIE, HUMPHRIES & MASON .e..... w. H"'folI......"'~.. JR. 0' CChJ~...L ","'ION ....,..K eUn..C:t1NO ,.. NO"'" e:UCLtO AVKNWC. SCe:CND 'LOO" p. O. .OX ,.... UP""N!), ~LI"ORNIA 817..-03.. "0.. e......a. 1_1--....... November 9, 2004 ,...e"'''''LE 1-.' __.. .A".-v So twtASCN IllAHD~L P. Io4ANNAt1 "fC"'A~ T. YDLlNG ...OMeflt H. I1EN"I& RETIReD VJ:A rACsm:tLB AD DJID-DBL3:VBRr (JO,) 384~5138 Fred wilson, City Administrator city of San Bernardino 300 N. -D" Street San Bernardino, CA 92408 Re. S~erliDg Heights Property ~ T.nta~ive Tract 114112 Request for Continuance Dear Mr. Wilson: As the Planning Department records will reflect, we are the attorneys for and are acting on behalf of the current owner of the property known as sterling Heights, Tentative Tract NO. 14112. The purpose of this letter is to request an extension of time in which to post the necessary bonds and complete the recording of the final map on Tentative Tract 14112. OUr current extension expires Boveaber 15, 200f. II The Developer, victoria Homes and the engineer, Mapco, have encountered continuing delays in the completion of the various requirements, including problems with fire protection, environmental concerns, and related conditions. As a result, the original timeline sUbmitted by Napea for completion of the engineering has been delayed. It is for this reason that we find it necessary to request a further extension to complete the engineering. Victoria Homes and Napeo will be submitting separate letters setting forth the current state of engineering and the reasons for request of additional time. substantial funds have been committed to the project as a result of the retention of Napeo to complete the engineering, and it is believed that the project will be brought to a speedy conclusion hereafter. !I NOV. 9.2004 2:21PM Yl-H&M ATTORNEYS NO. 893 ......:1/.::1 Fred wilson, City Administrator/city of san Bernardino Re: sterling Heights Property-Tentative Tract #14112 November " 2004 Page 2 It is requested by MCS sterling Heights property, extension requested in the Vietoria Homes and Napeo. It is respectfully requested that you place this matte~'on the upcOllling agenda for the City Council meeting scheduled for Monday, November 15, 2004. Would you please have someone in your office confirm the receipt of this request and that it will be placed on calendar for the council meeting. AS noted, Victoria Homes and Mapeo will be submitting separate letters outlining the nature of the requested extension. . Enterprises , ~~C f the owner of the that the City Council grant the correspondence being suDmitted by Concurrently herewith, we are submitting the necessary extenlion fee of $75.00 to the City Clerk. Very truly yours, HUMPHRIES " MASON ON for Owner Heights Tentative Tract #14112 BSM: lva BncIs. ee: Mike arubbs, Acting Bngineer, City of san Bernardino/Bng. Dept. (via Facsimile- 909/384-5573) ce: Jim praggastis, victoria Kames (via racsimile - 909/339-5111) ce: paul osborne, Victoria Homes (via Facsimile - 909/793-7963) co: David A. Mlynarski, Mapeo (Via Facsimile - 909/384-7475 ce: James Funk, Director/ De~elopment services (via iac,imile - 909/394-5357 " ....~\lOCS\UOCity&dllilll ~~-_.,- ~~:~l [-:;' '1 "':' ..., --." ,,' / Q' ~ 1 ,~ ,,,'.... ~"... ...~1 -.t.' _~__ I ..." , ,__. ; ... 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