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Home My WebLink AboutAgenda Statement 1986/06/17 Item 17 COUNCIL AGENDA STATEMENT Item 17 Meeting Date 6/17/86 ITEM TITLE: Resolution 12535 Waiving EastLake Development Impact Fees from Mission Verde Subdivision SUBMITTED BY: Director of Public Works/City Engineer 1/e/, REVIEWED BY: City Manager L (4/5ths Vote: Yes No x ) At the meeting of May 6, 1986, Council referred to staff a written communication from Don Lindberg, representing Sierra Properties, to report on the request that Mission Verde Subdivision be relieved of proposed fees such as the EastLake Development Impact Fee schedule which may be applicable to the Eastern Territories. Engineering staff has reviewed their request and it appears justified based on prior commitments. RECOMMENDATION: That Council approve the resolution relieving the Mission Verde Subdivision of any future development fees for the construction of Telegraph Canyon Road. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: The current developers for the Mission Verde Subdivision (110 multiple family units) are also the original developers for the Casa Del Rey Subdivision, a development of approximately 220 units just easterly of Paseo Ladera and northerly of Telegraph Canyon Road. At the time of the development of Casa Del Rey, the developer was required to construct Telegraph Canyon Road between Paseo Ladera and their eastern subdivision boundary a distance of approximately 1 ,950 feet. The portion of Telegraph Canyon Road between Paseo Ladera and the western subdivision boundary was a distance of approximately 1 ,300 feet. Therefore, the developer was required to construct considerable offsite improvements on Telegraph Canyon Road in order to join the existing widened portion. In a letter dated September 28, 1982, and also by an understanding at the time of the tentative map, Casa Del Rey would be subject to a reimbursement were a reimbursement district ever established for Telegraph Canyon Road. In 1982, staff developed a proposed reimbursement plan for Telegraph Canyon Road which is very similar to the "H" Street plan. Due to the many property owners in disagreement and the fact that EastLake was coming along and the entire picture was changing, that reimbursement district was never finalized. Page 2, Item 17 Meeting Date 6/17/86 In order to analyze the request, staff looked at the proposed Telegraph Canyon Road cost distribution program developed in 1982. Casa Del Rey Subdivision and Mission Verde Subdivision totalled 322 units. Their responsibility based on equivalent length requirement was 847 lineal feet for Casa Del Rey and 233 lineal feet for Mission Verde for a total of 1 ,080 feet. Based on the amount of work completed by Casa Del Rey, they had a balance or credit of 313 equivalent lineal feet. Since Mission Verde's responsibility was only 233 equivalent lineal feet, the two projects together have constructed 80 feet more than their responsibility based on the 1982 report. The above information is hypothetical since the reimbursement district was never established and since it wasn't established and most likely would not be established prior to building permits for Mission Verde, the developer would neither get a reimbursement nor be charged any fees. We also looked at the project in relation to the Eastlake Development Fees which considered all of the missing road improvements in the Eastern area. Telegraph Canyon Road was one of those missing improvements and we deleted the improvements put in by Casa Del Rey, added them to the total for the Eastlake streets portion and then looked at the case hypothetically if both Casa Del Rey and Mission Verde were required to pay fees into the EastLake Facilities Benefit Assessment Program. Telegraph Canyon Road was one of the facilities to be installed in the EastLake Program. Casa Del Rey's credit for the improvements on Telegraph Canyon Road amounted to $837,000. However, the joint fee for both Mission Verde and Casa Del Rey, if they were to pay into the EastLake Improvement District and not construct a portion of Telegraph Canyon that they did is $370,622. This leaves a credit of $466,000. The developer is not requesting any credits based on either the EastLake Development Fee Program or the possibility of a Telegraph Canyon Reimbursement District. At this time, they are merely requesting that the Mission Verde Subdivision be exempt from any proposed EastLake fees. It appears reasonable to staff that under the above two methods of analysis, this request should be granted. WPC 2145E the City Council of Chula Vista, California ated <./, '. 1� DON LINDBERG ATTORNEY AT LAW '» U (619) 267-0135 1886 APR 22 MI {0. 48 April 21 , 1986 VISTA CITY OF LERICS OFFICE Hon . Mayor and City Councilmembers City of Chula Vista 276 Fourth Avenue Chula Vista , California 92010 Re : Application of "Eastlake Development Impact Fees" to Mission Verde Subdivision In late 1977 the Casa del Rey subdivision began construction . One condition of the map , as defined in the attached letter dated September 28 , 1986 from your City Engineer , John Lippitt , was the improvement of Telegraph Canyon Road West of Paseo Ladera . The cost of these improvements , which were installed by Casa del Rey , were , as you note , to be included in a reim- bursement district which will be drawn up for Telegraph Canyon Road . " Such a reimbursement district , which would have insured a contribution from future developments that would benefit from the improvements of Telegraph Canyon Road to be distributed to Casa del Rey developers ; and , by assignment agreement to the owners of the Mission Verde subdivision , was never perfected . The total value of the improvements installed on Telegraph Canyon Road pursuant to the direction of the City was $837 , 000 . Applying the proposed Eastlake Development Impact Fee schedule , the total obligation of the Casa del Rey subdivision and the Mission Verde subdivision for the subject improvements would be $439, 000. Although the portion attributable to Mission Verde would only be $98 , 000 , the total credit which would be realized if a reimburse- ment district had been established is $398 , 000. In order to fully define the rights and obligations of all parties , including those of any successor in interest to the present owners of Mission Verde , it is respectfully requested that the City Council enter into an agreement securing said credit . As an alternative or in lieu threof the City Council could adopt an amended resolution relieving the Mission Verde subdivision of any obligation for Impact Fees relative to Telegraph Canyon improvements as contained in Resolution No . 10973 approved August 10 , 1982 . Your early consideration of this matter is appreciated . • Very Truly Yours , cc : John Goss Don Lindberg John Llppitt 4201 BONITA ROAD#245. BONITA. CALIFORNIA 92002 .5'(0 0 d 6 WATT t •/•, ,`. 7/'/ /�/ii,�a1!•1 .—f •i .%/ i.i • ►cif 1I; /7!/rfl.'ir► Matt!.t! ►', ,, .,r'`{�trtl it r rl , VIV4 i_fw• , `�i',. /i�/..��• 'i:' / ,/tr/ f//iirhr if/ .ril 1u��. L'il{ 1it{lH {i�.tlll1�jS4 `1 U�. �l ;,17,2 . --....ti.z,.tfa . ,. .0..,. .. .----' •ZW-4. ‘iiP.:: 7 _ : ... . :..._....z.i..! 4 _ok - " - ...-1 WA, City o f C1u2a ClJ a CALIFORNIA PIJBLIC WORKS DEPARTMENT September 28 , 1979 File EY-074/AX-050 Craig, Bulthuis & Nothomb 2611 Adams Avenue - San Diego, CA 92116 Attn: Ray Bulthuis IMPROVEMENT OF TELEGRAPH CANYON ROAD WEST OF PASEO LADERA i We have prepared the enclosed Improvement Plan, Drawing No. 79-98D, for the improvement of Telegraph Canyon Road between Paseo Ladera and the improvements to the west constructed by El Rancho del Rey No. 5. We have also included for your information a set. of cross-sections in the area of the proposed improvements . Per the note on Improvement Plan 78-346D, these imp*ovements are to be installed by the developer of Casa .3e1 Rey. We will provide the surveying and staking for theiri construction. The cost of constructing the improvements wip_l be included in a reimbursement district which will b drawn up for Telegraph Canyon Road. We have estimated the quantities involved in this construction to be as follows : Total Item Description of Work Quantity ' 1 6" AC Berm Type A 494 Lineal Feet 2 6" PCC Type Curb & Gutter 677 Lineal Feet 3 Grading & Pavement Removal 650 Cubic Yards . 4 Asphalt Concrete Pavement 433 Tons 5 Process Miscellaneous Base 650 Tons* (Fine Gradation) 6 700 Lineal Feet Remove Existing AC Ber 7 Adjust Manhole Cover 1 Each ,...1. v,.-.-, rA' ninin (71A XX%:"; X575-5021 ry4 �..r._.._.. .... .. .14/ • Craig, Bulthuis & Nothomb -2- . September 28 , 1979 Total Item Description of Work Quantity 8 Import Fill for Median 80 Cubic Yards *This quantity will be reduced by stockpiling the existing base material that is removed during excavation. The amount that can be reused has not been determined and will be subject to the amount that remains uncontaminated after removal. • Please proceed to see that these improvements are constructed along with those approved with the subdivision. If you have any questions concerning this matter, please give me a call. / 7 • . JOHN P. LIPPITT City Engineer SLH:nr Enclosure •