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Home My WebLink About29-Development Services e e e CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: Valerie C. Ross, Director Subject: Public meeting, 4:00 p.m.: formation of a Landscape Maintenance Assessment District in the Belmont Avenue and vacated Chestnut Avenue area (AD 1052, Tract No. 16795). Dept: Development Services Date: December 22, 2006 MCC Date: 01-22-2007 File No. 14.40-146 Synopsis of Previous Council Action: 11/03/04 - Tentative Tract Map No. 16795 was approved, with conditions. 01/09/06 - Tract No. 16795 was approved. 12/18/06 - Authorization to proceed and Resolution ofIntention No. 2006-435 was adopted relative to the formation of Landscape Maintenance Assessment District No. 1052. Recommended Motion: That the public meeting relative to the formation of a Landscape Maintenance Assessment District in the Belmont Avenue and vacated Chestnut Avenue area (AD 1052, Tract No. 16795) be closed, and protests and ballots, if any, be carried over to the public hearing on February 5, 2007, at 4:00 p.m. ~ t RH4/ Valerie C. Ross Contact person: LASZLO "Les" FOGASSY Supporting data attached: Staff Report, Maps Ward: FUNDING REQUIREMENTS: Amount: $4,000 (Processing fees paid by applicant) Source: (Acct. No.) 254-000-2301-6045 (Acct. Description) Assessment District Deposits Finance: Council Notes: Agenda Item No. J..~ II~Dl e CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Staff Report e e SUBJECT: Public meeting, 4:00 p.m.: formation of a Landscape Maintenance Assessment District in the Belmont Avenue and vacated Chestnut Avenue area (AD 1052, Tract No. 16795). BACKGROUND: On November 3, 2004, the Planning Commission approved Tentative Tract Map No. 16795, located between Belmont A venue and Ohio A venue, west of vacated Chestnut A venue. The final tract map was approved on January 9, 2006. On September 28, 2006, GFR Enterprises, Inc., the developer of this property, submitted a petition for the formation of a landscape maintenance assessment district, as required by the conditions of approval for the development of this site. The formation of this District will assess the special benefit costs of maintaining the landscaping and appurtenances to the owners of the properties benefiting from the maintenance area. The areas to be maintained by the District will be landscaping within slopes along portions of the southerly side of Ohio Avenue, the northerly side of Belmont Avenue, the westerly side of Ofelia Drive and the trail system and appurtenant landscaping located along vacated Chestnut Avenue. Tract No. 16795 consists of 54 single-family lots. The annual cost of maintenance and incidentals will be spread across these 54 lots. Part of the formation proceedings includes the preparation of an Engineer's Report, which details the costs necessary to carry out the ongoing maintenance of landscaping and is attached for your review. As required by law, only special benefit may be assessed to properties within an assessment district. Ally benefit found to be a general benefit may not be assessed to the District. As set forth in the Engineer's Report, portions of the landscaping along both Belmont Avenue, Ohio Avenue and the trail system have been deemed to be of a general benefit. Ofelia Drive is a local street and has no general benefit attributed to it. The general benefit portion of the annual cost of maintenance is estimated to be $2,255.59, and cannot be assessed to the District. This amount will need to be paid from the general fund or other non-district funding source. The special benefit portion of the annual cost of maintenance, including all incidental expenses, is estimated to be $23,554.26. This amount will be spread across the 54 lots within the District and the annual maintenance cost per lot will be $436.19. The Engineer's Report allows for annual increases of CPI (Consumer Price Index), or 5%, whichever is less, to cover increases in maintenance costs. Increases over this amount will either need to be approved by the property owners within the District, or be paid for by the City. On December 18, 2006, Resolution of Intention No. 2006-435 was approved, setting a public meeting for January 22, 2007, and a public hearing for February 5, 2007 and preliminarily approved the Engineer's Report. All property owners of record were given mailed notice of the meeting and hearing, along with an assessment ballot. Approval of this District will be subject to an assessment ballot process, which requires a majority approval by the property owners within the proposed District boundary. Ballots are weighted proportionally to the amount of the proposed assessment for each parcel. Presently, none of the 54 lots have been sold and closed. In e e e the event any homes are sold prior to the public hearing, a notice and ballot will be sent to the new owner. However, the City will not issue final releases on more than 26 homes total, prior to the public hearing, to ensure that a majority protest does not occur. Future property owners will purchase the units subject to the Assessment District and will be given disclosure of the District and assessments by the developer or subsequent property owners, as required by law. FINANCIAL IMPACT: The applicant has paid the $4,000 processing fee. Estimated costs of annual maintenance, less the estimated general benefit amount of$2,255.50, will be assessed back to property owners within the Assessment District. The general benefit portion will need to be funded from the General Fund. RECOMMENDATION: Staff recommends that the public meeting be closed and that any protests or ballots submitted be carried forward to the public hearing on February 5, 2007. LOCA TION OF PROPOSED ASSESSMENT DISTRICT NO. 1052 No Scale 5th SI. Mill SI. .. . o VICINITY MAP CITY OF SAN BERNARDINO DEVELOPMENT SERVICES DEPARTMENT REAL PROPERTY SECTION Proposed Landscape Maintenance Assessment District No. 1052 - Belmont Avenue and Chestnut Avenue Area (Tr. 16795) Created by: .: Date: /vP./u ~ indicates un-in'corporated areas ~ within City's Sphere of Influence ASSESSMENT DIAGRAM ASSESSMENT DISTRICT NO. 1052 BELMONT A VENUE AND CHESTNUT A VENUE AREA LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT IN THE CITY OF SAN BERNARDINO COUNTY OF SAN BERNARDINO e -~ ..... . ~ >>@ e" "0' ~ @1' ,,@: ~ ~ l @., ~ '" €> . @. 'eJ ~ I I .8.. "<3 @. u@ I I 0" o@'"i'e~' eJ. ~EYEFlS ROAD , 0" 0 ~ Q ~ ~ .1. ~ . " . @... ~ , . . I ! E>.. . @ 0 I I e I 6. 0 0 ,~"'OO'OO""l ..Q) ,0.'5' 0., .0 ' , ~ 1 < ~ 0" ! 0 .0. + . (!); ! .-. @.. ,. '....1ICl.1Ja , . "......'J/. ~. L , 0=.. CJ. e' . It BELMONT AVENUE . '. I; . i ~ " e . / / i ~ ; i j LOC}'ITlONOF ,\SSESSMENT lJlSTRlCT CITY OF SAN BERNARDINO DEPARTMENT OF DEVELOPMENT SERVICES PUBLIC WORKS OIVISION A,PPROVED "- e CITY EtlOIt<lEER REGISTER~OCIVILENGI~EEFl.OO~ OI'lAWNBY ~~ VICINITY MAP CI1ECKEDSY LEGEND: ASSESSMENT DISTRICT BOUNDARY: _ AREA OF LANDSCAPE MAINTENANCE: AREA OF TRAil MAINTENANCE: ASSESSMENT NUMBERS: 0 IlEVISEDBV DRAWING NO. 11959A Sheet ---1...- of-1--.. __IfL......ll'tII ..-__1It1111U1C'111O.1_ Fjled ill the off"<ce 01 the Cily Cleric in lhe Cily of San 8emardioo this_dilYof .20_ RACHEL CLARK. City Clerk, City of San Bemardn'lO Ihflrebycerlifylhallhemapshow'nglheproposedboondanl!1lfor Alsenm8nlOislrid No,~'n tl>e Cilyol San B~ard,,,,,, County of San B.......rdino, State of California, was approved b~ tha Mayor and Common Council of the City of San Bernardino at a regularmHtingthereof,heldonthe_dayof ,20_, by ResolulionNo . and lias been f'led in lheoflkeoflhe County Reoorder of San Bemard,no Countyoo the_day of ,20 in Book pagels) of Maps of :;;;;;Ssmanl and Community Faeihlil'sOistricls. RACHEL ClARK, City Cll'''', City of San Bemardioo Recordl'dinthl'officeofthl'CjtyEngineerthis_dayof 20_ CITY ENGINEER City of San Bemard,oo An a5senment wu levied by the Mayor and Common CoollC,1 of tha Cily of Sen Bemardino on Iile lots. J>leces, and pafCl!ls of tl>e land shown on this assenment diagram, Said assessment was leviedonllle day of ,20 , the asse5sment diagram and the asses5menl roll we", recordedTn the off'ce of the City EngineerofsaidCjlyoolhe_day of . 20 Refl'rence is made to the assessmenlfDllrl!COrdedinthe"OfflceaflheCilyEngjn&f!rfarlhe exac1 amounl of each assessmenl lev,ed against each parcel of lalld shown on this assessmefltdiagram. RACHEL CLARK, City Cle.., City of San Bemardioo San Bemard,no County Recordefs Certmcale ThiS map has bef!O f,ied undefDocument Number this day of 20 at m ,n Book of-- at pa:g;-- ,at the requa'lof in the amount of $ La'ryWalker Aud'lor.Conlrolll'rIReoorder Counly of San Bernardioo ,,~,",~~:t,.1.:-:'!I Nil ASSESSED: B, o Deputy Recorder