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File TR 13822
I CITY OF SAN BERNtfblNO - REQUEST ~ COUNCIL ACTION
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From:
ROGER G. HARDGRAVE
Subject:
Approval of Final Map for Tract
No. 13822 -~ Northeast Corner
of California & 16th Street.
00:
Public Works/Engineering
Date: 12-6-90
Synopsis of Previous Council action:
04-19-90 -- Resolution No. 90-142 adopted authorizing execu-
tion of a joint Development Agreement with Duke-
Dukes & Associates, and Redevelopment Agency.
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Recommended motion:
Adopt resolution.
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cc:
Shauna Edwins
Jim Penman
Larry Reed
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, Signature
Contact person:
Mi~h;:lp.l W ~rl1hh!::
Staff Report, Map
& Resolution
Phone:
C;17Q
Supporting data attached:
Ward:
6
FUNDING REQUIREMENTS:
Amount:
N/A
Source: (Acct. No.)
(Acct. Descriotion)
Finance:
C15Cil Notes:
75-0262
Agenda Item No.
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CITY OF SAN BERN()RDINO - REQUEST FOR COUNCIL ACTION
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STAFF REPORT
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75-0264
Tentative Tract No. 13822 was approved by the Planning
Commission on March 15, 1988, with an expiration date of 3-15-
90.
An application for a retroactive extension of time was
submitted by the applicant in October, 1990, but was denied on
11-7-90 by the Planning Commission (based on the City Attorney's
opinion that a retroactive time extension could not be given for
tentative subdivision approvals).
Based on further review by the Engineering Division
staff and City Attorney's office, it has been determined that
the Tentative Map did not expire, according to provisions of
Subsection 66452.6(d) of the State Subdivision Map Act. This
section provides that once the final map is delivered to the
City Engineer, processing, approving and recording may lawfully
occur after the date of expiration of the tentative map. The
Final Map and supporting documents were first submitted for
checking in October, 1988, and has been in process since that
date. We feel the map can lawfully record, even though the
Tentative Map expiration date has passed.
All engineering plans were approved by the City Engineer
on April 11, 1989. Also, the final map plan check was completed
on April 11, 1989.
On April 19, 1990, Resolution No. 90-142 was adopted to
authorize execution of the Development Agreement by and between
the Redevelopment Agency of the City of San Bernardino, the City
of San Bernardino, and Dukes-Dukes and Associates, Inc., a
California corporation, regarding Orangewood Estates. According
to the advise of the City Attorney's office, the joint
development agreement will satisfy the requirements of San
Bernardino Municipal Code Sec.tion 18.44.020, relating to a Sub-
division agreement. Therefore, the subdivider has not filed an
improvement security and insurance certificate, as a required
condition for approval of a final map, since he has entered into
the Joint Development Agreement which has provisions relating to
these items.
The Final Map has been reviewed and
tially in compliance with the tentative
presented for your consideration.
found to be subs tan-
map, and is being
URGENCY CLAUSE
The subdivider must record this map prior to 1-1-91, or suffer
considerable economic loss. Since the map has been the subject
of deliberation for some time, the last opportunity for this map
to be approved before the end of this year, would be the Council
meeting of 12-17-90.
12-06-90
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CALIIFOMIA IT.
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RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE
FINAL MAP FOR SUBDIVISION TRACT NO. 13822, LOCATED ON THE
NORTHEAST CORNER OF CALIFORNIA STREET AND 16TH STREET, AND
ACCEPTING THE PUBLIC DEDICATIONS AS SET FORTH ON SAID MAP.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1: The Mayor and Common Council find that
proposed Subdivision Tract No. 13822, located on the Northeast
corner of California Street and 16th Street, together with the
provisions for its design and improvements is consistent with the
General Plan of the City of San Bernardino.
SECTION 2. The Final Map of said subdivision tract is
hereby approved and the City of San Bernardino hereby accepts as
14 public property all dedications within the subdivision as shown
15 on said Final Map for streets, alleys, (including access rights) ,
16 drainage and other public easements. The City Clerk shall
17 certify the approval and acceptance of the Mayor and Common
18 Council as set forth in this resolution.
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12..06-90
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j RESO: APPROVING FINAL MAP FOR SUBDIVISION TRACT NO. 13822
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I HEREBY CERTIFY that the foregoing resolution was duly
4C) 2 adopted by the Mayor and Common Council of the City of San
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3 Bernardino at a
4 _day of
5 wit:
6 Council Members:
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7 ESTRADA
8 REILLY
9 FLORES
10 MAUDSLEY
11 MINOR
meeting thereof, held on the
, 1990, by the following vote, to-
AYES
NAYS
12 POPE-LUDLAM
13 MILLER
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ABSTAIN
City Clerk
The foregoing resolution is hereby approved this
day of , 1990.
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Approved as to form
and legal content:
JAMES F. PENMAN,
City Attorney
BY: ~1'N'~ t ,k
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W. R. Holcomb, Mayor
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C I T Y 0 F SAN B ERN A R DIN 0
INTEROFFICE MEMORANDUM
FROM:
Roger G. Hardgrave, Director Public Works/City Engineer
Henry Empe~o, Jr., Deputy City Attorney
December 13, 1990
TO:
DATE:
RE:
APPROVAL OF FINAL MAP FOR TRACT NO. 13822,
NORTHEAST CORNER OF CALIFORNIA & 16TH STREET
APPLICANT: DUKES-DUKES & ASSOCIATES, INC.
I have reviewed your Department's Request for Council
Action and Staff Report; Resolution No. 90-142 and the
accompanying Joint Development Agreement by the City, the
Redevelopment Agency, and Dukes-Dukes & Associates, Inc.; and the
applicable statutes in the State Subdivision Map Act and
Ordinances in the San Bernardino Municipal Code. Based on this
review, I believe that the Mayor and Common Council may approve
the Final Map for Tract No. 13822 at their meeting on December
17, 1990 because of the equitable issues arising from the City's
approval of the Joint Development Agreement.
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On April 19, 1990, the City adopted Resolution No. 90-142
which authorized execution of the Joint Development Agreement
whereby the City conveyed certain property to Dukes-Dukes and
provided them loans for residential construction. This Joint
Development Agreement also provided a loan to construct thirty-
eight (38) residential units on Tract No. 13822, which was
previously owned by Dukes-Dukes. During negotiations and at the
time this agreement was executed, none of the parties was aware
that Tentative Tract No. 13822 expired on March 15, 1990. At the
time this agreement was executed on April 20, 1990, all of the
parties believed that Tract No. 13822 was able to proceed with
development, and all of the parties wanted Tract No. 13822 to
proceed with development.
Also, this agreement includes the following statement of
cooperation:
"Section 11. Cooperation.
Each of the Parties agrees to cooperate with each
and every other Party in doing all acts contemplated or
required under this Agreement including, without
limitations, the proceeding of all applications."
Your Department's Staff Report to this Council Agenda item
implies that the Final Map was timely filed in October, 1988,
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[HE/dys/dukes.mem]
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Page Two
December
RB:
13, 1990
APPROVAL OF FINAL MAP FOR TRACT NO. 13822
when the Final Map and supporting documents were first submitted
to your Department for checking. There is ambiguity in the
Subdivision Map Act as to when a Final Map is officially filed
with the City and as to what documents are required to be
included at the time the Final Map is officially filed.
Notwithstanding this ambiguity, I believe that this Final Map
cannot be considered as officially filed with the City in
October, 1988, because the original Final Map with all of the
required certificates, statements and acknowledgements was not
submitted to the City at that time (Government Code Sections
66435 and 66457).
In addition, the City's ordinances regarding final maps in
Chapter 18.24 of the San Bernardino Municipal Code are not
entirely consistent with the State Subdivision Map Act, which
preempts the City's local ordinances. I encourage your
Department to review the draft Development Code so that the final
map provisions there will reflect your Department's requirements
as well as those in state law.
Lastly, if the Mayor and Common Council approve the Final
Map for Tract No. 13822, then the applicant, Dukes-Dukes &
Associates, Inc. need not pursue their appeal of the Planning
Commission denial of an Extension of Time for Tentative Tract
No. 13822, which is also on the Agenda for the Mayor and Common
Council meeting on December 17, 1990.
The legal conclusions reached in this memorandum regarding
the City's approval of a final map are restricted to the unique
circumstances of this case and may not be applicable to other
situations with different facts.
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HENRY EMPENO, JR.,'
Deputy City Attorney
cc: W.R. Holcomb, Mayor
Council Members
James F. Penman, City Attorney
Shauna Edwins, City Administrator
Robert J. Temple, Acting Agency Administrator of
Economic Development Agency
[HE/dys/dukes.mem]