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QTV OF SAN BERCRDINOO- MEMORANDUO
J!M ROBBINS, Acting City Administrator
GENE R. KLATT, Acting Dir.
From Publ i c Works/City Engineer
To
Subject
R.P. 86-ll7: Retail Center at Southeast Corner of
40th Street and Mountain View Avenue - Appeal of
Rsqwir9m9At ts YAd9r~r9wRa ixistiRg Qver~ead
Utility Lines
Date
July 26. 1988
File No. 11.43 RP86-117
Approved
Date
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In response to your memo dated July 21, 1988, subject as above, we have
reviewed the case history of this project and have the following
observations:
1. Thi s project was approved by DRC on January 15, 1987, and the
Building Permit was issued on June II, 1987.
2. Standard Condition No. 9 of the Conditions of Approval required that
"All uti 1 i ty 1 i nes shall be i nsta 11 ed underground subject to
exceptions approved by the Planning Department and the City
Engineer."
3. Resolution No. 87-189, which was intended to clarify the Standard
Undergrounding Condition, received final approval on June 16, 1988.
This Resolution would have allowed this project to pay the
equivalent cost of undergrounding to the City's undergrounding
account because it has 1 ess than 300' of frontage; however, the
Resolution contains a paragraph which states that it "shall apply to
any project for which a building permit has not been issued.
therefore, the Resolution 87-189 cannot be applied to this project.
4. Reso 1 uti on No. 88-65 was approved on March 8, 1988, and superseded
Resol uti on No. 87-189. The new Resol uti on woul d have compl etel y
exempted the subject project (less than one acre) from
undergrounding existing overhead lines; however, it also contains
the statement indicating that it applies only to projects for which
a building permit has not been issued.
Therefore, we conclude that Standard Requirement No. 9 of the original
Conditi ons of Approval prevail s. Thi s condi tion requires undergroundi ng
subject to exceptions approved by the Planning Department and the City
Engineer.
In all fairness to Developers who were subject to the same condition and
either undergrounded or paid, it seems reasonable that this project
should proceed to underground the overheads or pay the equivalent cost of
undergrounding (as determined by the utility company) into the
underground account. However, we understand the Developer's concern. :0
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<:J JIM ROBBINS, Acting City Ad~strator c:> c:>
Re: R.P. 86-117: Retail Center at SEC of 40th Street and Mountain View
Avenue - Appeal of Requirement to Underground Existing Overhead
Utility Lines
July 26, 1988
File No. RP86-117
Simply, because he began the process before the change, he is asked to do
work that is no longer required of similar developments. Therefore, we
have no overriding objections to the deletion of this requirement at this
time.
If we can provide further information, please contact me at 384-5111.
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GENE R. KLATT, Acting Director
Public Works/City Engineer
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L&M DEVELOPMENT GROUP
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July 13, 1988
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The Honorable Mayor
and Common Council
City of San Bernardino
c/o City Clerk's Office
P. O. Box 1318
San Bernardino, CA 92402
Re: 40th Street and Mt. View Avenue
To Whom it May Concern:
This letter shall serve as our request to appeal the
conditions imposed upon L&M Development Group to underground
existing utility lines at the property located at the southeast
corner of 40th Street and Mt. View Avenue, commonly known as Mt.
View Shopping Center.
Our justification for requesting the waiver is as follows:
Under the guidelines of Resolution No. 88-65, as adopted by
the Mayor and Common Council on March 8, 1988, any property of a
single lot development of one acre or less is exempt from the
undergrounding requirements.
Please note the enclosed plat map that the property upon
which the new development has been constructed consists of 25,103
sq.ft. prior to the 9.5 ft. dedication on the 40th Street
frontage. Net after dedications, which was required as a
condition of the development, the lot area is approximately .53
acres.
In addition, the total building valuation per the enclosed
building permits is $295,800. The undergrounding cost estimate
from the utility company computed to two sides of our property is
approximately 36,840, which would be in excess of the 10% of the
valuation of the building costs pursuant to Section A, Paragraph
4, of Resolution No. 88-65.
The necessity for L&M Development Group to place the utility
lines underground or to deposit funds into a line item account
for the undergrounding of the utilities would place a major
hardship on this development and we respectfully request that the
1040 N. MANSFIELD AVE. LOS ANGELES' CA. 90038
(21:1) 463-940 I
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necessity to underground the utilities or to deposit cash in-lieu
funds be waived by the Mayor and Common Council.
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