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HomeMy WebLinkAboutRes 93-20 LL AD No. 93-9 The Grove INTEROFFICE MEMORANDUM CITY OF PALM DESERT TO: City Council and City Manager FROM: Richard J. Folkers, Assistant City Manager/Public Works Director SUBJECT: FORMATION OF LANDSCAPING AND LIGHTING DISTRICT NO. 93-9 (THE GROVE) DATE: March 11, 1993 RECOMMENDATION: By minute motion adopt Resolution No. 93-20 approving the engineer' s report and setting a public hearing for the formation of the subject district. BACKGROUND: Sunlite Development, the developers of Tract 24984-1, (The Grove) were conditioned by the city to make certain improvements and form the necessary landscaping and lighting district for ongoing maintenance and upkeep. The developer has retained Pacific Engineering to prepare the necessary engineer' s report and it is attached for Council review and approval . As of January 1, 1993, procedures in the Streets and Highways Code has changed regarding districts that are formed under the Landscaping and Lighting Act of 1972 . Most notably is the provision that will not allow the legislative body to overrule a majority protest in the formation of a district and requires a mailed notice to each property owner 45 days prior to the public hearing in lieu of other notification. Appropriate notification is being made. The formation public hearing is scheduled for the Council meeting on April 22 , 1993, at 7 : 00 p.m. The assessment levy notification and public hearings are separate from this proceeding and will be accomplished at a later date as part of the annual district levy. The City has contracted with Muni Financial Services, Inc . to prepare the fiscal year 1993-94 assessment levy for the existing districts . fr Page 2 City Council and City Manager Public Works staff recommends that the City Council adopt the resolution approving the engineer' s report and notice of the public hearing for the formation of the district. t--;%-e-t-a RIC ARD J. F ERS P.E. REVIiW & CONCUR CITY MANAGER RJF:TB/rh CITY COUNCIL CTION: APPROVED DENIED lc RECEIVED OTHER MEETING DATE vI \1\93 AYES: M A 411 \ 1,-).i. cnn ‘ 14& .� S .Cl .\ NOES: �i ABSENT: .L) ABSTAIN: C` \C --- VERIFIED BY: \C Original on File wi City Clerk' s Office CITY OF PALM DESERT ENGINEER'S REPORT LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT 93-9 Prepared By: Pacific Engineering & Associates 41-230 Carlotta Drive Palm Desert, CA 92260 ( 619 ) 346-6022 January 1993 ��oQRpFESSIpNqeF� ��.SHIND crl 32182 7 * DEC.31, 1996 * J2. C n J ,edt j • ' , A. PALM DESERT LANDSCAPING AND LIGHTING DISTRICT NO. 93-9 TABLE OF CONTENTS PAGE INTRODUCTION 2 ENGINEER' S REPORT PART A - Plans and Specifications 6 PART B - Estimates of Cost 8 PART C - Assessment Roll 9 PART D - Method of Apportionment of Assessment . . . 11 PART E - Property Owners List 12 PART F - Boundary Map and Assessment Diagram 17 ENGINEER'S REPORT LANDSCAPING AND LIGHTING DISTRICT NO. 93-9 PALM DESERT The undersigned respectively submits the enclosed Engineer' s Report as directed by the City Council. DATED: /- 2 C. - `7 3 Engineer of Work By: (,./ .c. - /2 aG� , � Lydia R. Shinohara R.C.E. No. 32182 I HEREBY CERTIFY that the enclosed Engineer' s Report, together with Assessment Diagram thereto attached, was filed with me on the day of , 1993 . I HEREBY CERTIFY that the enclosed Engineer' s Report, together with Assessment Diagram thereto attached, was approved by the City Council of the City of Palm Desert, California, on the day of , 1993 . Clerk of the City of Palm Desert Palm Desert, California By: Sheila R. Gilligan City Clerk - Page 1 - INTRODUCTION The City Council of the City of Palm Desert adopted its General Plan with various elements to provide guidelines for orderly development within the community. The City Council further adopted ordinances and regulations governing the development of land providing for the installation and construction of certain landscaping, lighting and appurtenant facilities to enhance the quality of life and to benefit the value of property. The requirement for the construction and installation of landscaping, lighting and appurtenant facilities is a condition of development and is a requirement of issuance of a permit for construction of any residential, commercial, industrial, and planned unit development. Landscaping and appurtenant facilities generally include trees, shrubs, plants, turf, and irrigation systems located in medians, parkways, and/or easements adjacent to public right-of-ways, in and along major thoroughfares and certain designated primary and secondary arterials. Lighting and appurtenant facilities include poles, lighting fixtures, conduits and the necessary equipment to maintain, operate and replace a lighting system at designated intersections, in medians, parkways and adjacent to certain public facilities in and along certain streets, right-of-ways and designated lots. The installation of landscaping and lighting systems and the construction of the necessary appurtenant facilities is the responsibility of the property owner/applicant, as conditions of approval of a development application. The City may require the installation by property owners directly, or accept financial arrangements for installation of these facilities as provided for by the City' s ordinances and regulations. The servicing, operation, maintenance, repair and replacement of the landscaping, lighting and appurtenant facilities in turn becomes the responsibility of the benefiting properties. The City now has several Landscaping and Lighting Assessment Districts and is accepting additional facilities with each subdivision and/or each development. Additional applications for parcels of land are being processed and the property owners/applicants petitioned for inclusion in the Landscaping and Lighting Assessment District. These applications are in various stages of processing, and when completed, will increase the City' s obligation for maintenance and servicing. Further subdivisions and development is expected to add to this load. - Page 2 - The City of Palm Desert is administering a lighting system for the benefit of all parcels of land within the City.The lighting benefit is directly related to public safety and property protection. These benefits have been studied widely, locally, regionally and nationally. The City is proposing the formation of Assessment District 93-9 for Landscaping and Lighting Assessment District to ensure a fair and equitable levying of the necessary costs of servicing and maintenance of the respective facilities, which in turn will enhance the value of each and every parcel in the District directly and collectively. The Proposed 93-9 District boundaries of the Landscaping and Lighting Assessment District are the boundaries shown on the maps consisting of Tract No. 24984-1 recorded in Map Book 226, Pages 77 through 79, Records of Riverside County and APN 625-040-007 whose boundaries are also shown on MB 226, Page 78. Servicing and administration of the City' s landscape maintenance program shall be according to the provisions of the Landscaping and Lighting Act of 1972, Part 2, Division 15 of the Streets and Highways Code of the State of California. This Report is being prepared to provide for the formation of Assessment District 93-9 within these boundaries. Payment for the assessment for each parcel will be made in the same manner and at the same time as payments are made for property taxes for each Property. The proceedings will be conducted under the Landscaping and Lighting Act of 1972, Part 2, Division 15, Sections 22500 through 22679, of the Streets and Highways Code of the State of California. This report contains the necessary data required to conduct the proceedings and is submitted to the Clerk of the City for filing. - Page 3 - CITY OF PALM DESERT ENGINEER'S REPORT PREPARED PURSUANT TO THE PROVISIONS LANDSCAPING AND LIGHTING ACT OF 1972 SECTION 22500 THROUGH 22679 OF THE CALIFORNIA STREETS AND HIGHWAYS CODE FOR FORMATION OF ASSESSMENT DISTRICT 93-9 Pursuant to Part 2 of Division 15 of the Streets and Highways Code of the State of California, and in accordance with the Resolution of Intention, being Resolution No. , adopted by the Council of the City of Palm Desert, State of California, in connection with the proceedings for: PALM DESERT LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT NO. 93-9; herein after referred to as the "Assessment District" , I , Lydia R. Shinohara, the duly appointed ENGINEER OF WORK, submit herewith the "Report" consisting of six ( 6 ) parts as follows: PART A Plans and Specifications for the proposed improvements are filed herewith and made a part hereof. Said plans and specifications are on file in the Office of the Clerk of the City. PART B An estimate of the cost of the improvements, including incidental costs and expenses in connection herewith, is as set forth on the lists thereof, attached hereto, and are on file in the Office of the Clerk of the City. PART C An assessment of the estimated costs of the improvements on each benefitted lot or parcel of land within the Assessment District. PART D A proposed assessment of the total amount of the costs and expenses of the improvements upon the several lots and parcels of land within the Assessment District, in proportion to the estimated benefits to be received by such lots and parcels, is set forth upon the assessment roll filed herewith and made a part hereof. PART E A list of the names and addresses of the owners of real property within this Assessment District, as shown on the last equalized roll of the Assessor of the County of Riverside, or as known to the Clerk. The list is keyed to the records of the County of Assessor of the County of Riverside which are incorporated herein by reference. - Page 4 - PART F The Diagram of the Assessment District Boundaries showing the exterior boundaries of the Assessment District, and the Assessment Diagram showing lines and dimensions of each lot or parcel of land within the Assessment District has been submitted to the Clerk of the Agency, a facsimile is included herein. The lines and dimensions of each lot or parcel within the Assessment District are those lines and dimensions shown on the maps of the Assessor of the County of Riverside, for the year when this Report was prepared and are incorporated by reference herein and made part of this Report. - Page 5 - PART A PLANS AND SPECIFICATIONS The installation planting, landscaping, irrigation systems, lighting and the construction of appurtenant facilities to be operated, serviced and maintained, is more specifically described herein whereas, the landscaping and lighting facilities have been or will be provided by developers as a condition of subdivision of land, on part of the Conditional Use review and approval process. The facilities to be maintained and serviced are more generally described as follows: DESCRIPTION OF IMPROVEMENTS FOR PALM DESERT LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT NO. 93-9 Landscaping and Street Lighting within the boundaries of Tract 24984-1 and APN 624-040-007 as required by the conditions of approval of subject Tract, which are now existing and those yet to be constructed. These shall include street lights, shrubs, trees, landscaping and the irrigation system for said shrubs, trees and landscaping within the public right-of-way. The improvements for fiscal year 1993-94 are the operation, maintenance and servicing of landscaping, lighting and appurtenant facilities described as follows: Landscaping Providing maintenance to any existing landscaped area which may benefit this Assessment District. Lighting Energy and maintenance for the lighting described below. Street Lighting located within Tract No. 24984-1 described as "Fixtures and Standards at the following locations and designations" : Tract No. 24984-1 1. At the prolongation of lotline 48/49 on Kings Canyon Lane (South) designated as Standard No. 4183501E. 2 . At the prolongation of lotline 51/52 on Kings Canyon Lane (South) designated as Standard No. 4183502E. 3 . At the prolongation of lotline 1/2 on Kings Canyon Lane (North) designated as Standard No. 4183503E. 4. At the prolongation of lotline 4/5 on Kings Canyon Lane (North) designated as Standard No. 4183504E . - Page 6 - 5 . At ECR of Kings Canyon Lane and Royal Canyon Lane (NW corner) designated as Standard No. 4183505E. 6 . At ECR of Indian Canyon Lane and Royal Canyon Lane (SE corner) designated as Standard No. 4183506E. 7 . At the prolongation of lotline 35/36 on Indian Canyon Lane (South) designated as Standard No. 4183507E. 8 . At the prolongation of lotline 40/41 on Indian Canyon Lane (South) designated as Standard No. 4183508E. 9 . At the prolongation of lotline 19/20 on Indian Canyon Lane (North) designated as Standard No. 4183509E. 10 . At the prolongation of lotline 14/15 on Indian Canyon Lane (North) designated as Standard No. 4183510E. 11. At BCR of Hazel Canyon Lane and Royal Canyon Lane (NE corner) designated as Standard No. 4183511E . 12 . At the prolongation of lotline 29/30 on Hazel Canyon Lane (North) designated as Standard No. 4183512E. 13 . At the prolongation of lotline 24/25 on Hazel Canyon Lane (North) designated as Standard No. 4183513E. 14. At ECR of Deep Canyon Road and Royal Canyon Lane (SW corner) designated as Standard No. 4183234E. - Page 7 - PART B ESTIMATE OF COST The costs for the maintenance of the facilities described above shall be estimated annually for the following year. The costs for maintenance of these facilities shall be adjusted annually, based on the previous year' s actual costs. If the costs exceed the previous year' s estimate, shortage in the fund for that year shall be added to the estimated cost for the following year. If the estimate for previous year exceeds the costs, credit shall be shown in that account for the following year. - Page 8 - PART C ASSESSMENT ROLL The proposed assessment and the amount of assessment for Fiscal Year 1993-94 apportioned to each lot of parcel, as shown on the latest roll at the Assessor' s Office are appended herein, "Assessment Roll for Palm Desert Landscape and Lighting District No. 93-9 , Fiscal Year 1993-94" . The description of each lot or parcel is part of the records of the Assessor of the County of Riverside and these records are made part of this Report. - Page 9 - ASSESSMENT ROLL FOR PALM DESERT LANDSCAPING AND LIGHTING DISTRICT NO. 93-9 (To be provided after determination of costs and apportionment to each parcel . ) - Page 10 - PART D METHOD OF APPORTIONMENT OF ASSESSMENT The method of apportionment will be in accordance with benefit received. The benefit is based on increase in property values derived from the facilities provided by the District. The property within the proposed boundaries of Landscaping and Lighting Assessment District 93-9 includes all of Tract 24984-1, M.B. 226/77-79 as well as A.P.N. 625-040-007 . A.P.N. 625-040-007 has been approved for subdivision into 52 residential parcels under Tentative Tract No. 24984. This subdivision will ultimately provide for a total of 105 residential parcels within Landscaping and Lighting Assessment District 93-9. Each parcel within this District receives the same benefit from the improvements described. Therefore, each parcel was assessed equally for said benefit, based on the total cost of maintenance within the District 93-9. The assessment assigned to A.P.N. 625- 040-007 was based on the ultimate creation of 52 parcels for A.P.N. 625-040-007. - Page 11 - PART F BOUNDARY MAP AND ASSESSMENT DIAGRAM Boundary Map and Assessment Diagram for the Assessment District has been submitted to the Clerk of the City in the format required under the provision of the Act. The enclosed is a facsimile of subject submittal and is included herein. The lines and dimensions of each lot or parcel within the Assessment District are those lines and dimensions shown on the maps of the Assessor of the County of Riverside, and are incorporated by reference herein and made part of this Report. Dated this 26th day of January , 1993 -- _-- Lydia R. Shinohara Engineer of Work PRELIMINARY APPROVAL BY THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ON THE DAY OF , 1993 . Sheila R. Gilligan Clerk of the City of Palm Desert State of California FINAL APPROVAL BY THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ON THE DAY OF , 1993 . Sheila R. Gilligan Clerk of the City of Palm Desert State of California - Page 17 - • PROPOSED BOUND A RDES SHEET 1 OF t SHEE OF ASSESSMENT DDS RDCOT NO. 93=9 PURSUANT TO DIVISION 15 PART 2 OF THE STREETS AND HIGHWAYS CODE LANDSCAPING AND LIGHTING ACT OF 1972 CITY OF PALM DESERT RIVERSIDE COUNTY, CALIFORNIA 100 5o o gm 200 300 iliMil FILED IN THE OFFICE OF THE SUPERINTENDENT OF iliMilm STREETS THIS_DAY OF , 19_. SOME: 11-Roo' ENGINEER OF THE DISTRICT FILED IN THE OFFICE OF THE CITY CLERK OF THE CITY OF PALM DESERT'MIS—DAY OF ,19—. CITY CLERK OF THE CITY OF PALM DESERT I HEREBY CERTIFY THAT THE WITHIN MAP SHOWING THE PROPOSED BOUNDARIES OF ASSESSMENT I FRED 111AAN19 RMAE DISTRICT NO.93-9 CITY OF PALM DESERT,COUNTY OF RIVERSIDE,STATE OF CALIFORNIA,WAS APPROVED SITE WY THE CITY COUNCIL OF PALM DESERT AT A REGULAR MEETING THEREOF HELD ON THE DAY OF j ,19—. BY THE RESOLUTION 4 III N0. 111611 I?%% Q1 II1���II CITY CLERK OF THE CITY OF PALM DESERT S I FILED THIS DAY OF 19_, AT THE HOUR OF O'CLOCK_M.IN BOOK WNW III OF MAPS OF ASSESSMENT DISTRICTS,PAGE _,IN THE OFFICE OF THE COUNTY RECORDER OF CALIFORNIA.INSTRUMENT NO. FEE: 8 VICINITY MAP $0 SCALE COUNTY RECORDER-COUNTY OF RIVERSIDE ASSESSMENT DISTRICT NO.93-9 BOUNDARY 1..... + I St I— I .15 1PPiAIM — - 51.T5 Ix.a — 1Sm 1 625- ea 62}S52ax5 6254 2-010 NY-552-015 en-5552-009 a 552-ma HE \\ .4 I // \\'_'-. 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N N 41 � / I Or o 9pBB Ll lj _ r p C=4p0 APN �O(=400 APN APN 5 / APN 625-551-016 rl>625 551-018 1 �\ / ` \ / 625-551-005 APN 625 551-007 47 APN 49 0 LL $ 15 I 1* 5 \ 36 625 551-006 38 o Q24 AC. 625-551-017 v.0.24 AC 8 / 6 0.23 AC 37 o.z4 ACg �a 48 / / \o0 ,w 0.22 AC. > ry 0.22 AC. --/ -1 - / 767.22 1 _ I / ` - - 62.73 131.54 61.23 62.86 131.28 - 62.11 ASSESSMENT DISTRICT NO. 93-9 BOUNDARY