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HomeMy WebLinkAbout21 Development ServicesOF SAN BERNARDINO - REQUEST FOR COUNCIL ACTIC MICHAEL E. HAYS, Director Subject: To continue Final Map for Tentative Tract No. 14193 — Southeast comer of Ohio Avenue and Dept: Development Services Olive Avenue. Date: December 16, 1998 O If— File File No: 11.03 Synopsis of Previous Council Action: MCC DATE: 12 -21 -98 10 -06 -97 Resolution adopted for sale of property to subdivider. 10 -05 -98 Mayor and Common Council matter is continued to November 2, 1998. Recommended Motion: That the matter be continued to March 15, 1999. Contact Person: Youn H. Kim Michael E. Hays Phone: 5027 Supporting data attached: Staff Report and Attachment Ward: FUNDING REQUIREMENTS: Amount: N/A Source (Acct. No.) N/A (Acct. Description) N/A Council Notes: Finance: %,-;z/7_/ Agenda Item No. ' CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT SUBJECT: That the Mayor and Common Council continue the matter to the meeting of March 15, 1999. BACKGROUND: The Planning Commission on October 9, 1990, approved the Tentative Tract No. 14193. Extensions of time were later approved to extend the tentative map to October 9, 1993. An automatic two -year extension was granted by Section 66452.11 of the Subdivision Map Act, which extended this tentative map to October 9, 1995; an additional extension of time was approved by the City to extend the tentative map to October 9, 1996. An automatic one -year extension was granted by Section 66452.13 of the Subdivision Map Act, which extended this tentative map to October 9, 1997. The Final Map was timely filed and received by the City Engineer on September 23, 1998. On October 5, 1998, the Mayor and Common Council continued action on the Final Map to November 2, 1998, and again continued it to December 21, 1998. According to the City Attorney's legal opinion (see attached) action on the Final Map must take place on or before March 23, 1998. Tract No. 14193 is a 76 -lot single - family residential subdivision. The required improvement securities and certificates of insurance will be filed prior to the Council meeting of March 15, 1999, and the prescribed fees will be paid prior to recordation of the final map, Also, the improvement and grading plans have been prepared. The Final Map has been reviewed and found to be substantially in compliance with the Tentative Map and the Subdivision Act; however, the Developer has not submitted the additional documents required. Therefore, we recommend that the matter be continued to March 15, 1999. FINANCIAL 51PACT: There is no financial impact to the City. RECOMMENDATION: Staff recommends that the Mayor and Common Council continue the matter to March 15, 1999. ' CITY OF SAN BERNARDINO INTEROFFICE MEMORANDUM TO: Michael Hays, Director of Development Services FROM: Henry Empeno, Jr., Deputy City Attorney DATE: December 16, 1998 RE: Tract No. 14193 - 76 SFR Lots on the South Side of Ohio Avenue between Olive Avenue and Walnut Avenue We understand from Michael W. Grubbs' letter to Dr. I.M. Feldkamp, III, dated September 30, 1998 (copy attached), that the final map for Tract No. 14193 was timely filed and received by the City Engineer on September 23, 1998, before the expiration date of the tentative map, pursuant to Government Code Section 66452.6(d), which in part, states: "Once a timely filing is made, subsequent actions of the local agency, including, but not limited to, processing, approving, and recording, may lawfully occur after the date of expiration of the tentative map. Delivery to the county surveyor or city engineer shall be deemed a timely filing for purposes of this section." Because modification of the existing, delinquent Mello Roos Assessment District financial obligations on this tract are being considered by the City in conjunction with an amendment to the settlement of the City's judicial foreclosure action in San Bernardino Superior Court Case No. SCV 09593 involving this same tract, we feel that in this case, six months from the date the final map was filed is a reasonable period of time for the applicant to complete the processing, approval, and recordation of the final map pursuant to Government Code Section 66452.6(d). Accordingly, we request that your Department send Dr. Feldkamp a letter extending the time to March 23, 1999, in which he must submit to your Department the executed Subdivision Agreement, security for required public improvements. and insurance certificates, as outlined in Mr. Grubbs' attached letter. We feel that this six mont� time period is reasonable given the unique circumstances in this case. Please contact me if I can be of further assistance in this matter. r - HENRY EMPENO, JFK Deputy City Attorney cc: James F. Penman, City Attorney Fred Wilson, City Administrator Michael Grubbs. Senior Civil Engineer --'ITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Frern: Michael E. Hays, Director Subject: Approval of Final Map for Tentative Tract No. 14193 - Southeast corner of Ohio Avenue and De� 7evelopment Services Olive Avenue. Date. September 18, 1998 File No. 11.03 MCC Date: October 5, 1998 ,ynopsis of Previous Council Action: 3/06/97 Resolution adopted for sale of property to Subdivider. SEP 18 1898 recommended Motion: Adopt Resolution. act person: Youn H. Kim Phone: 384 -5027 Supporting data attached: Staff Report and Resolution FUNDING REQUIREMENTS: Amount: N/A Council Notes: Source: (Acct. No.) N/A (Acct. Description) Michael E. Hays Ward(s): S Finance: Agenda Item No C'rrV OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT SUBJECT: Approval of Final Map for Tentative Tract No. 14193 - Southeast corner of Ohio Avenue and Olive Avenue. BACKGROUND: Tentative Tract No. 14193 was approved by the Planning Commission on October 9, 1990. Extensions of time were later approved to extend the tentative map to October 9, 1193. An automatic two-year extension was granted by Section 66452.11 of the Subdivision Map Act, which extended this tentative map to October 9, 1995; an additional extension of time was approved by the City to extend the tentative map to October 9, 1996. An automatic one -year extension was granted by Section 66452.13 of the Subdivision Map Act, which extended this tentative map to October 9, 1997. An additional extension of time was approved by the City to extend this to October 9, 1998. Tract No. 14193 is a 76-lot single - family residential subdivision. The required improvement securities and certificates of insurance will be filed prior to the Council meeting of October 5, 1998, and the prescribed fees will be paid prior to recordation of the final map. Also, the improvement and grading plans have been prepared. The Final Map has been reviewed and found to be substantially in compliance with the Tentative Map and the Subdivision Map Act. Therefore, we recommend that the Final Map be approved. FINANCIAL LWACT: There is no financial impact to the City. RECOMNIENDATION: Staff recommends that the Final Map for Tract No. 14193 be approved.