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Home My WebLink About31-Development Services e CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION e e From: Valerie C. Ross, Director Subject: Public meeting - 4:00 p.m., formation of a Landscape Maintenance Assessment District in the Chiquita Lane and Date Street Area (Tract Map No. 17576 - AD 1060). Dept: Development Services Date: April 3, 2007 File No. 14.40-158 Synopsis of Previous Council Action: 10/18/05 - Tentative Tract Map No. 17576 was approved, with conditions. MCC Date: May 7, 2007 04/02/07 - Authorization was given to proceed with the formation of the Chiquita Lane and Date Street Area Landscape Maintenance Assessment District No. 1060, and Resolution of Intention No. 2007-100 was adopted. Recommended Motion: That the public meeting relative to the formation of the Chiquita Lane and Date Street Area Landscape Maintenance Assessment District No. 1060 be closed, and protests and ballots, if . My, '" ""'<<I,,~ to "" ""bli, """"" 00 M.y 21, 2'7iu'i. p~ fn?-Valerie C. Ross Ryan Sandoval Phone: 5226 Contact person: Supporting data attached: Staff Report, Maps Ward: 4 FUNDING REQUIREMENTS: Amount: $4,000 (Processin~ fees paid by applicant) Source: IAcct. No.) 254-000-2301-6056 (Acct. Description) Assessment District Deposits Finance: Council Notes: s- fi/1l1 31 Agenda Item No. e e .e CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Staff Report SUBJECT: Public meeting - 4:00 p.m., formation of a Landscape Maintenance Assessment District in the Chiquita Lane and Date Street Area (Tract Map No. 17576 - AD 1060). BACKGROUND: On October 18, 2005, the Planning Commission approved Tentative Tract Map No. 17576, located on the northeast corner of Chiquita Lane and Date Street. On October 18, 2006, Nickolas R. Livingston on behalf of Michelle Harris (Love Improvements), the developer/owner 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 along portions of the westerly side of Chiquita Lane north of Date Street. The developer has paid the required $4,000 formation fee. Tract Map No. 17576 consists of 5 residential lots and the annual cost of maintenance and incidentals will be spread across these 5 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. As required by law, only special benefit may be assessed to properties within an assessment district. Any 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 Chiquita Lane has been deemed to be of 100% special benefit. The special benefit portion of the annual cost of maintenance, including all incidental expenses, is estimated to be $4,504.00. This amount will be spread across the 5 lots within the District and the annual maintenance cost per unit will be $900.80. This amount is higher then the average assessment and is due to the small number of lots relative to the area of maintenance. 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 April 2, 2007, Resolution of Intention No. 2007-100 was adopted, setting a public meeting for May 7, 2007, and a public hearing for May 21, 2007, and preliminarily approving the Engineer's Report. Notice of the meeting, hearing, and assessment ballots were mailed to the owner of record. Since the developer still owns all of the lots, a majority protest is not anticipated. Future property owners will purchase the lots 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. The public meeting is only an informational meeting and no action can be taken regarding the formation of the assessment district until the public hearing. At the conclusion of the hearing, the results of the assessment ballots returned will be submitted. Ballots are weighted in proportion to e e e Staff Report - continued the assessment amount. The formation of the district requires that at least 50% of the ballots returned show support for the proposed district or that protests submitted, be 50%, or less, of the total assessment. Formation of the assessment district will require the adoption of a resolution and will require a four-fifths (4/5) affirmative vote of the council members present and voting. FINANCIAL IMPACT: The applicant has paid the $4,000 processing fee. Estimated costs of annual maintenance, including additional formation costs, will be assessed back to property owners within the Assessment District. RECOMMENDATION: Staff recommends that the public meeting be closed and that any protests or ballots submitted be carried forward to the public hearing on May 21, 2007. LOCA TION OF PROPOSED ASSESSMENT DISTRICT NO. 1060 Highland Ave. Base Una 81. 5th 51. Rlatto Ave. Mill 51. ~ 8 i 0- i::; .. . o J{ VICINITY MAP 'Lv- NO SCALE ::I . CITY OF SAN BERNARDINO DEVELOPMENT SERVICES DEPARTMENT REAL PROPERTY SECTION Proposed Landscape Maintenance Assessment District No. 1060 - Chiquita Lane and Date Street Area (Tract No. 17576) ~ indicates ur-incorporated areas within City's ~ Sphere of Influence Created by: Ryan Sandoval Date: 2/28/07 tit tit tit ASSESSMENT DIAGRAM ASSESSMENT DISTRICT NO. 1060 CHIQUITA LANE AND DATE STREET AREA LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO ~ "~,, , " 135.00' 'g . 'g . . CD 20 " . " --~~~'~~~!---- . ~ g . 2 (]) 21 " o . . N89'J6'4j-E 135.00' -- ulElMu J!. tUW'IE-- 8U~J!.<<:;U iNJ@, fl~'l(@ . 3 . Q) '8 0' "- '" ~ 22 ~ u ~Cli ;, 5 ~ 23 "' 24 -- LEGEND: "ll8~$5AIIEI<lTOI5TRJ;T BOUl<lDARYBHOWMlMIJS, AREASOFIMlNTENot.NCESMOWNniUS: ASSESSMENT NlI..eRS SHOWN THUll; -.......-.... CITY OF SAN BERNARDINO OEPARTMENT OF DEVELOPMENT SERlllCES PUBUC WORKS DIVISION VICINITY MAP ODOUITAI..ANEANDDA~ST1l.EET AREA LANDSCAP:E MAINTENANCE ASSESSME1'fT DlSTRlCT :;; "'0> '>- -. .......- F~ed in !he ofllee oHheCityCIerk in !he Ctyof SIIn Bemllldino thil_daygf .20 RACHEl ClARK. City Clen.. CilyfASan BlImBrdino 'hertbYOlrlifylwlllhllll'lllPlhowl"lJthep~boY.......for ~Ol$frIdND. 10s0 InlhllCltyfltSan BemarUjno. CauntyalS....B_A:lOllo.Sl8lllolCaliforni8._~b't the Mayor and CDlTllT1llfl Gaunal '" tne City 01 San Bernardino ata ..,gular~nglhel'8Of.heldOl'lthe_dII)'oI .20 . byResolullon No. ,8ndhubHnftledinlheoflleedlhe CountyReoorollfofSanBemwnoCauntylll1lhe~dIIy of .20 in80Dk l'l'ljlO(a\ olMllpa 01 Assessment Md Commun;ty FacililiuOlIllicla. RACHEL CLARK. CIl)'Cl8fk,CilyofSlIflBernardino RecoroedinlteolllC1lollheCityEll9'neerlhis_dayol ,20 CITYENGlNEER CityofSane.r.srOno All _mentwu l.vied bylhll Msyor and CQmm)n Counciaf the City 01 S"" Sllm8n:linoonlhlllOlll,piecH,and percIlaoftr. landw-nonlhia--..tclillgrwrl. s.id~_ I~onthe dtlyol 20 ; the_tdill9'l'mandlh._..rnentrgil_~in theofllc.oIIhl1CilyEngi.......oI.-idCityonthe~dlly 01 20 Ror.ntnI:.jg.....lOthe _....,.,.,.,I""i~Bdintheolllc.oIlh8CilyEngi.-loIll1e ..llIICI.lTICUllol.ach.......rnentlllYllldllQllnal.a.lBllIIIof l.nd$hCNmonlhia.._m&nl.dlagnlm. RACHEL CLARK. C,ty Cfi, City 01 San Bllm8rdino \: S8nBaman:linoCounlyRecorO.r'.CIII'IItIcIt-. ~ GJ This"",phas~ftledunderOol:u~ Numbef IN d"YoI 20 .M~ BoolI ------;;j - - .tpaga- ,lIIlh./llQuntDf "- In lh..moontofS ,"",.m .." 12110A ,"",.- AudilDr~ CourtyolSan~ By. _.-----1-'" -'-- --