Loading...
HomeMy WebLinkAbout40-Public Works Fil'" No. 3.01 CIT' OF SAN BI!RNARDIPkI - RI!QUI!~ ( FOR COUNCIL ACT..4N From: ROGER G. HARDGRAVE Subject: Appeal of Norm Helbley of Invalid Planning Commission Action -- Granting of Sewer Connection Waiver No. 88-4, 1041 . Drive Dept: Public Works/Engineering Date: 10-13-88 Synopsis of Previous Council action: None. Recommended motion: 1. That the appeal by Mr. Norm Helbley, relative to permits for 1041 Hill Drive not having been issued due to invalid Planning Commission action, be denied. 2. That approval be granted to reimburse Mr. Norm Helbley for costs incurred in extending the sewer main in excess of 300 feet, as required to obtain sewer service for 1041 Hill Drive, at an esti- mated amount of $18,000. 3. That the transfer of $18,000 from Account No. 245-365-57729, IIInter- ceptor Sewer - Phase VIII,II to Account No. 245-365-57730, IIHill Drive, west of 11111 Street,1I be approved. 4. That the proposed revision to Sub-Section B of Section 13.32.070 of the Municipal Code be approved in principle, and the City Attorney directed to prepare the final draft for adoption. cc: Jim Robbins Jim Penman Jim Richardson Andy Green ~1i ke Loehr Contact person: Roger G. Hardgrave Phone: 5025 5 Supporting data attached: Staff Report & Legal Opinion WMd: FUNDING REQUIREMENTS: Amount: $18,000 Source: (Acct. No.) 245-365-57729- (Acct. DescriPtion) Interceptor Sewer - Phase VIII Finance: (\""JitJ A) rv-- ----- Council Notes: 91 6 '" 9l no S961 · JJQ 'MIwa'l- 'Q,~'3}l ^ ___.-1_ 1.__ ft.1_ 4f) CIT\ OF SAN BERNARDlh.J - REQUE~~J FOR COUNCIL ACT-.JN STAFF REPORT Page 1 of 2 Ordinance No. MC-614 was adopted on 12-21-87, to require that new developments connect to the City.s sewage system. This requirement could be waived upon the recommendation of the Planning Commission where: (1) the proposed project is on a lot one-half acre or larger, and (2) where the Planning Commission makes a finding that a natural obstruction prevents the extension of the sewer line in the manner required by this section. A request for a waiver was submitted by Mr. Norm Helbley, for his 8,220 sq. foot lot at 1041 Hill Drive. This request was based upon the fact that approximately 750 feet of sewer main would have to be installed, at a cost of $22,500 to $30,000, in order to serve this parcel. At their meeting of 8-9-88, the Planning Com- mission approved the request for a waiver, contrary to the advice provided by Mr. Henry Empeno, Deputy City Attorney, that the action would be invalid since the required findings had not been made. Mr. Empeno advised us verbally,after the meeting, that we should not issue permits, since the action to approve the waiver was invalid. This advice was supplemented by Written Opinion No. 88-34, dated 10-12-88. An appeal, by letter dated 10-12-88, of the administrative decision to not issue permits, has been submitted by Mr. Helbley, under Section 2.64.030 of the Municipal Code. We recommend that the appeal by Mr. Helbley be denied, based upon the fact that the recommendation by the Planning Commission was not valid, since the findings required by Ordinance No. MC-614 were not made. A provision is included in this ordinance that an owner who is required to extend a sewer main over 300 feet in order to secure sewer service, may petition the Mayor and Common Council for reim- bursement of costs for that portion of the main in excess of 300 feet. The City Engineer may recommend that the owner be paid for the costs of more than 300 feet, after considering the following criteria: 1. That the extension represents a logical and reasonable extension of sewer line. .2. Properties along the extension have a reasonable proba- bility of development within the ensuing 10 years. 3. There are sufficient unencumbered monies in the Sewer Line Construction Fund (245) to finance the line. 4. The extension does not conflict with or delay the five- year sewer line construction plan. 10-13-88 75-0264 --....-- CIT. OF SAN BERNARDI hi\) - REQUE~r FOR COUNCIL ACTION STAFF REPORT Page 2 of 2 5. The extension is in compliance with the General Plan. 6. Applicant is not receiving any other form of government financing, including but not limited to inducement, reimburseme~t, or fee waiver for such development. After considering these criteria, I am able to recommend to the City Administrator that payment be made for allowable costs. It is estimated that this payment would be from $13,500 to $18,000, with the applicant's share for 300 feet from $9,000 to $12,000. These amounts are based upon a total estimated cost of from $30 to $40 per fQot. The ordinance further provides that the City Administrator will make a recommendation to the Mayor and Common Council, based upon the above information. Ordinance No. MC-614 was drafted to provide very limited exceptions. However, it has since been realized that some additional exceptions should be allowed, such as for in-fill development, where the existing structures in the area are not connected to the City sewage system, and where a development will not generate any sewage. Therefore, it is recommended that sub-section B of Section 13.32.070, of the Municipal Code, be revised to read as follows: B. The requirement to connect to the City's sewage system may be waived by the Director of Public Works/City Engineer where one or more of the following conditions are satisfied: 1. The proposed development will be built on a lot larger than one-half acre. 2. A natural obstruction, such as a hill, stream or adverse grades, prevents the extension of a sewer line to serve the development. 3. The development is an in-fill project, where the existing structures within the area are not on the sewer system. 4. No sewage will be generated by the proposed development, except for additions to existing structures. We recommend that the appeal be denied, that approval be granted to pay the applicant for reimbursement costs incurred in extending the sewer line in excess of 300 feet, the proposed re- vision of Section B of Section 13.32.070 of the Municipal Code_ be approved, and the City Attorney directed to prepare a final draft for adoption. 10-13-88 75-0264 BERNARDINO 3OQNORTH"O"STREET,SAN BERNAROINO, CALIFORNIA 92418 JAMES F. PENMAN October 12, 1988 CITY ATTORNEY (714) 384-5355 Opinion No. 88-35 10.38 ~ ..,;',!' ~ '. '.IJI!"''''' . a .'.' ,:' .~.c. '(.,7' .~~:. . <='.,..>. ^ .. ..~....::r' . ~ '" ..... y .~;~.~'(.~. ~, ."... '. ~ -rg . i .. ~~~ 'f! fg .< ~- ,\,,~, t--. ~ '1;S: AY . ROGER G. HARDGRAVE Director, Public Works/Engineering RE: Sewer Connection Waiver 88-4 Owner: Norm Helbley Location: 8,220 square foot parcel on the South side of Hill Drive approximately 750 feet West of "I" Street. ISSUE The question has been presented whether the Public Works/Engineering Department should withhold issuance of grading and building permits for the above-referenced project because the Planning Commission's approval of Sewer Waiver Connection No. 88-4 was invalid? ANALYSIS On August 9, 1988, the Planning Commission approved Sewer Connection Waiver 88-4 subject to two conditions regarding future connection to the sewer system and participation in an assessment district. Ordinance MC-614 (copy attached), adopted by the Common Council on December 21, 1987, amend~d San Bernardino Municipal Code Section 13.32.070 to permit a waiver of the requirement to connect to the City sewer system upon the recommendation of the Planning Commission where: "(1) the proposed project is on a lot one-half acre or larger, and "~'. F'~'''' ~ '.,' . L,~._:<~ "';:i. ."t I...... c: ., ._ _" ",.,; i "'t- \.~ 't. >,,'fl . <'~ :'.~.J1,,:,~1 Page Two Opinion 88-3$ (2) where the Planning Commission makes a finding that a natural obstruction prevents the extension of the sewer line in the manner required by this section." One-half acre equals 21,780 square feet. This parcel in question is 8,220 square feet and is located in an area designated RS in the Interim Policy Document. The RS designation requires a minimum lot size of 10,800 square feet. The Planning Department has found that there are no natural obstructions which would restrict a sewer extension to this site. (See copy of Planning Department memo to Planning Commission dated August 2, 1988, attached). The Planning Commission passed the motion to approve this sewer waiver based on the following findings of fact: "1. The Planning Commission determined that the size of the parcel, coupled with the proposed use, warranted the sewer connection waiver. 2. The distance from the site of the proposed project to the existing sewer main poses a natural obstruction to sewer connection." Clearly, the Planning Commission's decision was invalid and an abuse of discretion because it failed to follow the requirements of MC-6l4. The parcel in question is not one-half acre or larger. "Distance" is not a "natural obstruction" which prevents the extension of the sewer line to this site. CONCLUSION Because the Planning Commission's decision to approve the sewer connection waiver was invalid, the Public Works/Engineering Department should withhold issuance of any grading or building permits for the above referenced project. If the owner-applicant disagrees, he may appeal to the Council pursuant to San / / / / / / / / / / / / / / / / / / / / Page Three Opinion No. 88-35 Bernardino Municipal Code Section 2.64.010 et seq. ~J;.~ HENRY EMPERO, JR. Deputy City Attorney HE/dys cc: Evlyn Wilcox, Mayor James Robbins, Acting City Administrator Shauna Clark, City Clerk Michael Loehr, Director, Planning Department Concur: RECEIVED-en Y ClERJ< /r~f3 .. mr 12 AID :37 ../n-n;4/:.? fJ ~,I#/?HP/l/ ~u,yd~~. . . ./2F'f7 ; Cbd.,e ;;J.6~C!J:5G. / tJl/'-/ ~-?uc;)9.J /'Z6'tf TMs- O,ry o~ . c1n/\-1 '~~/1/4,e1)I'''dU ~ /)/,J1A/A/""'f'1 Ht'bdHH)-:;S"/tJ,d . 4Q/11'V ~F~ /11/.2 /Yd~,n *~J/cL ~ /rw.M:2 ?U,1/J;;~ H4 ;4 /40/:1/J)F4 J;.r/"'7/~ ~~-s-J'A7' .?#~/U~/V'e~ ,1\ /CJ~/ ~/j 1J/2~ ~C1(JT)4. tvf#~ / ,--. //__ I /:J . ./ . ,/]1 ./ I;' ~ A!:2 ~A.:? / ~ '/~' - c.;, ( ,_hH~ &/'/? /1"/ &'"..~_ .~P/,/~---;;?;~;14~S ~jJL5~_.j7) ~ jJ~ICP~ ,.;Jv6''''~c' WJ~~ ~4 )4. J)~ALY H,/v(J tL!/1:;, 'i~/v'4 .PtP-W;I./ 6e{?"tcJ>~ ;;V~ 7.J"?J~ ~o /;J~ };>o4/R . ..~,<1<1-"7/2;4JC; eft, ~ /] 7ii/~ /)//1 /\/",I'//, "'7 dJ"q/H/ / 'Ss~ ,oj j),o/tI'rA/?1f.l~ ~ jJ/J'Y!the. ;t~PIY /0 _/S5~-r: t:4 ,d&a/F.e W./~/{.h-"d. / _#Y1 */#;fL,,,",,.7 7D /x7e ...Olty {ba/I/(Jt.L fre ,# GtUM.2 t2J,,:JI{.)~;'~ /I) /C)~/ . 1ht'1 j)~. j).r ~L /iMc~d )t~.e- ~/.?/;o/ ~~~ ~~- 6'.29'- 7'8'5',:j- a:7or:' 30 j)U #-~,,( 0 ~"') ~ ']4 u I-,~.:t S" , ,J,e ) c~ ,. City of San Bernardino STATEMENT OF OFFICIAL PLANNING COMMISSION ACTION PROJECT Number: Sewer Waiver Connection No. 88-4 Applicant: Frank Tracadas ACTION Meeting Date: August 9, 1988 X Approved Adoption of Request Subject to the following Findings of Fact and Conditions of Approval. Denied. withdrawn by Applicant. . FINDINGS OF FACT 1. The Planning Commission determined that parcel, coupled with the proposed use, sewer connection waiver. the size of the warranted the 2. The distance from the site of the proposed project to the existing sewer main poses a natural obstruction to sewer connection. CONDITIONS 1. Should the sewer main be extended to within 200 the subject property, the development shall be to connect to the sewer system. feet of required 2. This property shall be required to participate ass ssment district, should one be. formed to sewer lines to the area. in an extend VOTE Ayes: Nays: Abstain: Absent: Corona, Lindseth, Lopez, Nierman, Sharp, Stone None Brown Cole, Gomez city of San Bernal_ino STATEMENT OF OFFICIAL PLANNING COMMISSION ACTION Sewer Waiver Connection No. 88-4 Page 2 I, hereby, accurately Commission certify that this Statement of reflects the final determination of the City of San Bernardino. A" Li//,Lfi . //J11.C ~ SJ.gnature Official Action of the Planning fw~} Michael W. Loehr, Interim Director of Planning Print or Type Name and Title /mkf PCAGENDA: PCACTION ,. CITY OF SAN r' ERNARDINO - r "EMORANDUM To Planning Commission From Planning Department Subject Sewer Connection Waiver 88-4 Date August 2, 1988 Approved Agenda Item #: 8 Date OWNER Norm Helbley 20230 Pueblo Court Riverside, California 92508 APPLICANT Frank Tracadas 463 N. Sierra Way San Bernardino, California 92410 REOUEST In accordance with Ordinance MC-614, Frank Tracadas requests a waiver of the mandatory sewer connection (see Attachment "C") . LOCATION The property in question is a 8,220 square foot parcel located on the south side of Hill Drive approximately 750 feet west of "I" Street (see Location Map, Attachment "Oil). MUNICIPAL CODE Ordinance MC-614 states that the Planning Commission may waive the requirements to connect all premises directly to the City sewer system where (1) the proposed project is on a lot one-half acre or larger, and (2) where the Planning Commission makes a finding that a natural obstruction prevents the extension of the sewer line in the manner required by the ordinance. BACKGROUND Since Ordinance MC-614 was adopted, the Planning commission has recommended waivers of the sewer connection for industrial uses in several instances. San Bernardino Steel and Milkes-Osborn, Inc., both of which are located on Industrial Parkway east of Palm, received waivers due to natural obstruction and lot size. In addition, both of these are located more than two miles from the sewer line. The approval of these two applications was conditioned that the applicants connect to the sewer when it was within 200 feet PLANNING COMMISSION RE: Waiver of Sewer Connection 88-4 August 2, 1988 Page 2 of their property and that they not protest an assessment district being formed. A waiver was also recommended for a 2.5 acre site in the R-1-1 Acre Zone. This site met the two findings required for a sewer waiver. ANALYSIS Size of Parcel The site is located in the R-3-200 Multiple Family Residential Zone. However, the Interim Policy Document (IPD) and the Preferred Land Use Alternative designates this area as RS Residential Suburban. The compatible zone district standards applicable to the RS designation are R-1-10,800, which requires a minimum lot size of 10,800 square feet, unless the parcel was in existence prior to 1953. This lot size problem makes an approval of the sewer waiver inconsistent with the IPD. The size does not meet the required finding for 1/2 acre minimum lot size for a sewer waiver. Obstructions There are no natural obstructions which would restrict sewer extension to this site. Existinq Conditions The site is currently vacant and is bordered by vacant land to the immediate west, east and north. High density apartments are located to the south. The surrounding area includes single-family residences, some interspersed with vacant areas and a large vacant area to the north. The subject property is adjacent to a County island that is within the City. Except for four parcels to the east of the site, most of the parcels on the south side of Hill Drive are located in the County. The sewer main is located approximately 750 feet east of the parcel in question at "I" Street and Hill Drive. septic tanks are used for the existing single-family homes and the apartments located in the City. The county area is served by septic tanks and not connected to the City sewer system. The vacant area to the north does not require sewer hook-up at this time. To extend the sewer 750 feet to one single-family residences would be expensive. The cost to extend a sewer line is approximately $30 to $40 per foot which would require $22,500 to $30,000 for this project. PLANNING COMMISSION RE: Waiver of Sewer Connection 88-4 August 2, 1988 Page 3 If a sewer connection waiver was granted, a condition requiring the connection to the City sewer system when the line is extended within 200 feet of the parcel could be imposed. If the vacant area to the north side of Hill Drive is developed and a sewer line is extended, this property could connect to the City system. A condition requiring the parcel to be used for single-family development could be imposed also. Arrangements could be made for reimbursement in conjunction with other development as it occurs to the north. However, if no development occurs in 10 years, the owner could not be reimbursed. Aaencv Comments The City Engineering Department has stated that the sewer could be extended to the site. The construction cost may be high and it is the responsibility of the owner to extend the main. CONCLUSION The site is not larger than 1/2 acre as required by the ordinance. It is not separated from the closest sewer line by a natural obstruction. The site is located approximately 750 feet from the existing sewer main and the proposed project is one single-family residence on a 8,220 square foot parcel. The size lot is not consistent with the IPD. There are options which would allow the parcel to hook up when the sewer main is extended as development occurs to the north: or to extend the line and if development occurs within ten years, a reimbursement could be made. RECOMMENDATION Based on the Findings of Fact (Attachment recommended that the Planning commission Connection Waiver No. 88-4. nAn) , deny it is Sewer Respectfully submitted, MICHAEL W. LOEHR Interim Director of planning /1J(I~'~ Mar;t;:i;~ Planner I PLANNING COMMISSION RE: Waiver of Sewer Connection 88-4 August 2, 1988 Page 4 Attachment "A": Attachment "B": Attachment "C": Attachment "D": Findings of Fact Applicant's Letter site Map with Sewer Main Location Location Map pcagenda.SCW884M 7/26/88 ATTACHMENT "A" CITY OF SAN BERNARDINO PLANNING DEPARTMENT CASE sew 88-4 FINDINGS of FACT \. AGENDA ITEM R HEARING DATE 8 /2 /88 PAGE 5 ...,j 1. The size of the subject parcel does not meet the 1/2 acre minimum required by MC-614 to qualify for the requested waiver. 2. The site does not have any natural obstruction restricting the extension of the sewer line. 3. The proposed waiver is not consistent with the Interim Policy Document adopted by the Mayor and Common Council on May 23, 1988, amended on June 6, 1988, and approved by the state Office of Planning and Research on June 9, 1988. pcagenda.scw884F 7/26/88 ~L~ g~--4 FRANK TRACADAS & ASSOCIATES, INC. ATTACHMENT "B" Structural Engineering, Civil Engineering, Land Planning & Design July 1, 1988 SAN BERNARDINO CITY PLANNING COMMISSION 300 North "D" Street San Bernardino, CA. 92418 RE: Sewer System 1041 Hill Drive City of San Bernardino Dear Honorable Members of the Planning Commission: We hereby request a waiver from the requirement that the above-referenced lot be required to connect to the existing City Sewer System. The lot in question is 60' x 137' and is located on the south side of Hill Drive easterly of Cajon High School.This particular piece of property was annexed into the City in order to annex the piece of property located just to the south of it. This piece to the south contains high density apartment units which are not connected to the existing City Sewer System. To install approximately 750' of sewer main to serve only one single family residence in this particular area is not econom- ically feasible. Attached is a print of showing the lot in question, the high density units to the south and the location of the existing sewer mains in the area. Thank you for your help and consideration in this matter. Very truly yours, FRANK TRACADAS & ASSOCIATES, INC.~ ~-,,~ta- ~ Frank Tracadas,-cE. xc: Norm Helbley , ....: \ ~ , III .J' " -.'- - :; ..~~) .:. ~'I .... 1':;\.: ..' t-,- , I - ,~ " .. . ....,....... ..:. '..I:: ..- II.. A , . .'. f: ':I.S ).3-131 '1.';-. .,. J.N 01.$ ..lS V\ \- ...: ~. 1.1) .CI') r 1 ~ ~ ~J, 0 > 1- .3ArI ..J '" \IJ ~ ~ U) % t- ~ ~ \) r!~ . 1: - --~ ~ f ~ j~ V\ -.a t :1:", ..$" ... \..# \U ... (j), , -II "lJO - ATTACHMENT "0" CITY OF SAN BERNARDINO PLANNING DEPARTMENT """'Ill , """Ill AGENDA ITEM # LOCATION CASE SCW 88-4 8 S/2/S8 ~ ~ \... HEARING DATE R-I I "0" I R-' ~k ~[ "0" R-I R R-I NORTH PARK BLVD. R - I .. R-I R-I R-I DR. -- Ill.!. 2C1X) "'0.. . C-2 I R - 3 - 3000 ~ I ; 4iSl """'iT. c II: III . ! ... ~ III -' I i I ~I .. ~ . . . . . Mil" SCHOOL , III o c ~ PRD