HomeMy WebLinkAbout1991-455
Resolution No.
91-455
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RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING THE
NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND ADOPTING THE
MITIGATION MONITORING PROGRAM AND AUTHORIZING THE EXECUTION
OF DEVELOPMENT AGREEMENT NO. 91-02
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS;
SECTION 1. The Mayor is hereby authorized and directed
6 to execute on behalf of said City, Development Agreement No.
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91-02.
SECTION 2.
The authorization to execute the above
9 referenced agreement is rescinded if the parties to the
10 agreement fail to execute it within sixty (60) days of the
11 passage of this resolution.
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SECTION 3. Recitals
(a)
Development Agreement No. 91-02 was considered by
14 the Planning Commission on October 29, 1991 after a noticed
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public hearing, and the Planning Commission's recommendation
of approval has been considered by the Mayor and Common
Council.
(b) An Initial Study was prepared on August 29, 1991
and reviewed by the Environmental Review Committee and the
Planning Commission who both determined that Development
21 Agreement No. 91-02 would not have a significant effect on
22 the environment and therefore, recommended that a Negative
23 Declaration be adopted.
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(c) The proposed Negative Declaration received a 21 day
25 public review period from September 5, 1991 through September
26 25, 1991 and all comments relative thereto have been reviewed
27 by the Planning Commission and the Mayor and Common Council
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in compliance with the California Environmental Quality Act
(CEQA) and local regulations.
(d) The proposed Mitigation Monitoring Program was
reviewed by the Planning Commission and Mayor and Common
Council in compliance with the California Environmental
Quality Act (CEQA) and logal regulations.
(e) The Mayor and Common Council held a noticed public
hearing and fully reviewed and considered proposed
Development Agreement No. 91-02 and the Planning Division
staff report on November 4, 1991.
(f) The adoption of Development Agreement No. 91-02 is
deemed in the interest of the orderly development of the city
and is consistent with the goals, objectives and policies of
the existing General Plan.
SECTION 4. Neqative Declaration
NOW, THEREFORE BE IT RESOLVED, FOUND AND DETERMINED by
the Mayor and Common Council that the proposed Development
Agreement will have no significant effect on the environment,
and the Negative Declaration heretofore prepared by the
Environmental Review Committee as to the effect of this
proposed Agreement is hereby ratified, affirmed and adopted.
SECTION 5. Mitiqation Monitorinq Proqram
BE IT FURTHER RESOLVED by the Mayor and Common Council
that the Mitigation Monitoring Program is hereby ratifed,
affirmed and adopted.
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SECTION 6. Findinqs
BE IT FURTHER RESOLVED by the Mayor and Common Council
of the City of San Bernardino that:
A. The proposed Development Agreement is not in conflict
with the goals, objectives and policies of the General
Plan.
The proposed Development Agreement is consistent with
the Development Code.
The proposed Agreement will promote the welfare and
pUblic interest of the City.
SECTION 7. Aqreement
BE IT FURTHER RESOLVED by the Mayor and Common Council
that:
A.
B.
C.
B.
Development Agreement No. 91-02 will govern the
development of the GatlinjDoerken Developments as
specifically described in the Development Agreement
labeled Attachment 1, a copy of which is attached and
incorporated herein by reference.
Development Agreement No. 91-02 shall be effective
immediately upon adoption and
resolution.
execution
of
this
SECTION 8. Notice of Determination
The Planning Division is hereby directed to file a
Notice of Determination with the County Clerk of the County
of San Bernardino certifying the city's compliance with CEQA
in preparing the Negative Declaration.
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SECTION 9. Recordation
The developer shall record the Development Agreement in
the Office of the County Recorder no later than ten (10)
days after it is executed by the parties.
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RESOLUTION...AUTHORIZING
AGREMEENT NO. 91-02
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THE
EXECUTION
OF
DEVELOPMENT
I HEREBY CERTIFY that the foregoing resolution was duly
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Bernardino at a regular
3 adopted by the Mayor and Common Council of the City of San
4th
day of November
6 wit:
7 Council Members:
8 ESTRADA
9 REILLY
10 HERNANDEZ
11 MAUDSLEY
12 MINOR
13 POPE-LUDLAM
14 MILLER
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meeting therefore, held on the
, 1991, by the following vote , to
AYES NAYS ABSTAIN ABSENT
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The foregoing resolution is hereby approved this 6th
day of
November
23 Approved at to
form and legal content:
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JAMES F PENMAN,
city ttorney
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je:r~
By:
~
, 1991.
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RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
Mark A. Ostoich, Esq.
GRESHAM, VARNER, SA V AGE,
NOLAN & TILDEN
600 N. Arrowhead Avenue
Suite 300
San Bernardino, CA 92401
City of S Bdno. Res. 91-455
DEVELOPMrnNTAGREEMENT
BETWEEN
THE CITY OF SAN BERNARDINO
AND
GA TLIN/DOERKEN DEVELOPMrnNTS
EFFECTIVE:
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TABLE OF CONTENTS
RECITALS ... ..... ............. '" ...... ........................ ............................ ...... ..1
OPERATIVE PROVISIONS................................... ... .................... ...........2
1. Term........................................................................... ... ...........2
2. Restrictions on Development and Operation............ ............... ................2
3. Development and Operation........................................................... ..2
4. Development Impact Fees................ .... ...... ... ... ............... ............. ....3
5. Public Improvements.................... ... ............. ......... ......... ................4
6. Third Party Permits and Approvals and Utilities .....................................6
7. Development Schedule....................................................................6
8. Other Matters.................................. ............... ......... ....... .............7
9. Developer Compliance and Release.....................................................8
10. Default by Developer ..... ............ .......... ........... ....... ..... ... ......... .......8
11. Default by City............................................................................8
12. Permitted Delays .............................. ..................................... .......8
13. Indemnification ................................. ........................... .............. ..9
14. Superseding State or Federal Law ......................................................9
15. Condemnation.................................. ......... ... .............................. 10
16. Successors and Assigns................. ...... ...... .............. ........... ........... 10
17. Equitable Servitudes .. ............... ........................... ...... .................. 10
18. Negation of Agency Joint Venture or Partnership .................................. 10
19. Notices and Other Communications ..................................................10
20. Estoppel Certificates ... ... ......... ... ............ ... ...... .............. ............... 11
21. Applicable Law .......................................... ...... ...... .................... 11
22. Venue............................................................................... ...... 11
23. Attorneys' Fees..................................................................... ..... 11
24. Paragraph Headings..................................................................... 11
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25. Construction.............................................................................. 12
26. Survival..................................................... ................. ............. 12
27. Calendar Periods......................................................................... 12
28. Severability.................. ...... .... ...... ................................. ... ... ...... 12
29. Further Actions.......................................................................... 12
30. Covenant of Good Faith.... ............................................................ 12
31. Counterparts.............................................................................. 12
32. Incorporation of Recitals.......................... ....................... .............. 12
33. Exhibits................................................................................... 13
34. Amendment............................................................................... 13
35. Recordation............................................................................... 13
TABLE OF EXHmITS
Exhibit "A"
Exhibit "B"
Exhibit "c"
Exhibit "D"
Exhibit "E"
Exhibit "F"
Exhibit "G"
Highland-Boulder Property
Conditional Use Permit Conditions of Approval
Lot Line Adjustment Conditions of Approval
Parcel Map Conditions of Approval
Variance Conditions of Approval
Mitigation Monitoring Program
Certificate of Compliance
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DEVELOPMENT AGREEMENT
This Development Agreement ("Agreement") is entered into effective
_' 19_, between the City Of San Bernardino, a municipal corporation, ("City") and
Gatiin/Doerken Developments, a California general partnership ("Developer").
RECITALS
A. The City is authorized by its Municipal Code ("Municipal Code") to enter into
binding development agreements for the development of real property in its municipal limits,
with persons who have legal or equitable interests in that real property.
B. The Developer has entered into an agreement to purchase approximately 24.27
acres of real property in the municipal limits of the City, which is depicted and more
particularly described in Exhibit "A", and also has the option to purchase approximately 5.93
acres of additional, contiguous real property (collectively, "Highland-Boulder Property").
C. The Developer intends to use its reasonable best efforts to develop the
Highland-Boulder Property as a quality shopping center, which will contain stores, shops and
restaurants and such additional improvements as the Developer may determine ("Shopping
Center"). The Developer also intends to use its reasonable best efforts to locate a Wal-Mart
Department Store, as a primary anchor store, on an approximately 14.41 acre parcel of the
Highland-Boulder Property ("Wal-Mart Site") and a Mervyn's Department Store or other
similar user, as a secondary anchor store, on an approximately 6.66 acre parcel of the
Highland-Boulder Property ("Secondary Anchor Site"). The Developer also intends to use its
reasonable best efforts to locate restaurants and other businesses on the remaining parcels of
the Highland-Boulder Property ("Free Standing Sites").
D. On November 21, 1990, the Developer and the City entered into an agreement
with respect to their mutual intent to enter into this Agreement.
E. The Developer has applied to the City for approval of this Agreement and the
Planning Commission and the City Council have conducted public hearings with respect to this
Agreement and have found that the provisions of this Agreement are consistent with the City's
General Plan ("General Plan"). On November 4, 1991, the City Council adopted ResolutIon
No. which enacted this Agreement ("Enacting Resolution") and the Enacting
Resolution became effective on the date of its adoption ("Effective Date").
F. By adopting the Enacting Resolution, the City Council has elected to exercise
certain governmental powers at the present time rather than deferring those actions until an
undetermined future date and has done so intending to bind the City and future City Councils
and intending to limit the City's future exercise of certain governmental powers. This
Agreement has undergone extensive review by the City, the Planning Commission and the City
Council and has been found to be fair, just and reasonable and in the best interests of the
citizens of the City and the public health, safety and welfare.
IN CONSIDERATION of the mutual covenants and conditions which are provided in
this Agreement, the parties agree as follows:
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OPERATIVE PROVISIONS
1. Term. Unless earlier terminated as provided in this Agreement, this Agreement
will commence on the Effective Date and will continue until the earlier of (a) 30 years from
the Effective Date or (b) until the improvements which are developed on the Highland-Boulder
Property as provided in this Agreement, no longer exist. However, subject to the provisions
of paragraph 12., if the development of the Highland-Boulder Property as provided in
paragraph 7. is not completed within 5 years after the Effective Date of this Agreement, then
this Agreement will on that date terminate and be of no further force and effect.
2. Restrictions on Develooment and Ooeration. Except as otherwise provided in
this Agreement, the development and operation of the Highland-Boulder Property including,
without limitation, the density and intensity of use, the maximum height and size of buildings,
building setback requirements, parking requirements, landscaping requirements, loading zone
requirements and provisions for reservation or dedication of land for public purposes, will be
governed by the following, as they exist on the Effective Date:
(a) Land Use Designation CG-I (General Commercial) of the General Plan.
(b) Those parts of Title 19 of the Municipal Code which relate to CG-I
(General Commercial) land use districts.
1991.
(c)
General Plan Amendment No. 91-05, which was adopted on October 8,
(d) Conditional Use Permit No. 91-26, which was issued on October 29,
1991, including the conditions of approval and standard requirements which are set forth in
Exhibit "B".
(e) Lot Line Adjustment No. 91-23, which was approved on August 15,
1991, including the conditions of approval and standard requirements which are set forth in
Exhibit "C".
(t) Parcel Map 13892, which was approved on October 8, 1991, including
the conditions of approval and standard requirements which are set forth in Exhibit "0".
(g) Variance No. 91-16 (from Development Code Section 19.22.150),
including the conditions of approval and standard requirements which are set forth in Exhibit
liE",
(h) Except with respect to Development Impact Fees, as provided in
paragraph 4., and public improvements, as provided in paragraph 5., any aspect of the
development of the Highland-Boulder Property which has not been approved by the City as of
the Effective Date, will be subject to the City's reasonable review and approval under its
ordinances, resolutions, rules and regulations, as they exist from time to time.
All of the foregoing will sometimes hereafter be referred to collectively as the
"Development Criteria".
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3. Develooment and Ooeration.
(a) The Developer will have the vested right to develop and operate the
Highland-Boulder Property in accordance with the Development Criteria and this Agreement,
without regard to future ordinances, resolutions, rules, regulations and policies of the City.
(b) On the request of the Developer from time to time and on payment of
the City's usual and customary processing fees and charges, in amounts which are determined
according to the City's then effective ordinances and resolutions, the City will accept
applications for and process on a priority basis in compliance with the Development Criteria
and this Agreement, any land use approvals, building permits, certificates of occupancy and
other permits and approvals which may be necessary for the development or operation of the
Highland-Boulder Property. Without limiting the effect of the foregoing, the City will notify
the Developer in writing of any proposed conditions of the City's approval of any request by
the Developer, at least 10 days before the earlier of (i) the date that any request by the
Developer is scheduled for hearing or (ii) the date on which the City otherwise intends to take
action on any request by the Developer. In addition, the City will inspect all construction on
the Highland-Boulder Property on a priority basis.
(c) Without limiting the effect of any other provision of this Paragraph 3.
and notwithstanding the City's approval of the lot line adj ustment which is referred to in
subparagraph 2.(e), the parties acknowledge that the requirements of Wal-Mart or the
developers of the Secondary Anchor Site or Free Standing Sites, for site size and
configuration, may change and that, in order to accommodate those requirements, it may be
necessary to change the configuration or size of the Wal-Mart Site, the Secondary Anchor Site
or the Free Standing Sites, on an expedited basis. On the Developer's request, the City will
accept applications for and process on a priority basis in compliance with the Development
Criteria and this Agreement, any subdivision or lot line adjustment which may be necessary to
change the size or configuration of the Wal-Mart Site, the Secondary Anchor Site or any of the
Free Standing Sites.
4. Development Impact Fees.
(a) Without limiting any credits which may be available to the Developer as
provided in subparagraph 4.(d), the Developer will be required to pay only the following
development impact fees or development linkage fees (collectively, "Development Impact
Fees"), in connection with its development or operation of the Highland-Boulder Property:
(i) Storm drain fee: Calculated in accordance with the applicable
ordinance or resolution of the City, but in no event greater than $138,476.
(ii) Sewer capacity fee: Calculated in accordance with the
applicable ordinance or resolution of the City, but in no event greater than $86,390.
(iii) Cultural development fee: Calculated in accordance with the
applicable ordinance or resolution of the City, but in no event greater than $73,937.
(iv) Traffic systems fee: Calculated in accordance with the applicable
ordinance or resolution of the City, but in no event greater than $250,000.
The foregoing Development Impact Fees are based on the development of the
Highland-Boulder Property with a Shopping Center containing approximately 313,000 leasable
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square feet of stores, shops and restaurants, including an approximately 125,000 square foot
Wal-Mart Store which is designed to expand to approximately 155,000 square feet. If the
actual number of leasable square feet in the Shopping Center exceeds the foregoing by more
than 10% (Le. the Shopping Center contains more than 344,300 leasable square feet), then the
foregoing maximum storm drain fee, sewer capacity fee, cultural development fee and traffic
systems fee will increase by a fraction, the numerator of which is the number by which the
actual leasable square feet of the Shopping Center exceeds 344,300 leasable square feet and the
denominator of which is 344,300.
(b) With respect to each building which is developed on the Highland-
Boulder Property, the Developer will have the right to elect to pay the Development Impact
Fees (i) 1/3 at the time provided in the applicable ordinance or resolution of the City, (ii) 1/3
at the time that the City issues a Certificate of Occupancy for that building, plus simple
interest on that amount at the rate of 9% per annum, from the date of the payment in clause
(i), and (iii) 1/3 on the 1st anniversary of the date that the City issues a Certificate of
Occupancy for that building, plus simple interest on that amount at the rate of 9% per annum,
from the date of the payment in clause (i).
(c) The City represents that, except for the foregoing Development Impact
Fees, there are no other development impact fees, development linkage fees, assessments or
other fees which will be levied by the City in connection with the development or operation of
the Highland-Boulder Property and the City further represents that it will not impose any new
development impact fees, development linkage fees, assessments or other fees in substitution
of any of the foregoing Development Impact Fees in connection with the development or
operation of the Highland-Boulder Property. However, nothing in this paragraph 4. will be
deemed to exempt the Developer from paying the City's usual and customary processing fees
and charges, as provided in subparagraph 3.(b), or any fees which are required to be paid to
public agencies other than the City (e.g. sewer connection fees levied by the East Valley Water
District or school facilities fees), with respect to the development or operation of the Highland-
Boulder Property.
(d) The parties acknowledge that the ordinances or resolutions of the City
may entitle the Developer to credits against the foregoing Development Impact Fees as a result
of the Developer's construction of qualifying public improvements, and the parties agree that
nothing in this paragraph 4. will be deemed to prohibit the Developer from obtaining those
credits, if the Developer otherwise qualifies for the same.
S. Public Improvements. The City will, at its sole cost, accelerate its planned
installation of the following Highland Avenue improvements, (collectively, "Highland Avenue
Improvements") in accordance with plans and specifications which have been approved by the
California Department of Transportation ("CalTrans") for the Department of Transportation
State Highway Project, Route 30, City of San Bernardino (CU08201, EAIS7901) ("State
Highway Project"), as supplemented and modified by the recommendations in the Traffic
Impact Study, Site Specific, Wal-Mart Shopping Center, San Bernardino, California, dated
October, 1990 (Revised January 14, 1991) which was prepared by Linscott, Law and
Greenspan of Costa Mesa, California, using so-called "gas tax" funds or other funds which
have been appropriated for that purpose, or will cause the Economic Development Agency of
the City to do the same:
(a) Highland Avenue street improvements, including demolition, street
widening, a median, curb and gutter, sidewalk, landscape, street lights and pavement.
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(b) Storm drain extension, stubbed to the perimeter of the Highland-Boulder
Property at the intersection of Highland Avenue and Boulder Avenue. The parties
acknowledge that, in order for the storm drain extension which is referred to in the
immediately preceding sentence to function efficiently, it will be designed and constructed to
accommodate storm drainage from adjacent properties. Therefore, the parties agree that the
Developer will not be responsible for mitigating storm drainage from adjacent properties.
(c) Traffic control facilities, including a traffic control light at the entry to
the Highland-Boulder Property, which the Developer and the City agree will be at or near the
intersection of Highland Avenue and Boulder A venue.
The City will bear all of the direct and indirect costs of the Highland
Avenue Improvements including, without limitation, the cost of any architectural, engineering
or surveying services required in connection with the feasibility, design or installation of the
Highland Avenue Improvements and the cost of acquiring any rights-of-way or easements
which may be necessary for the installation of the Highland Avenue Improvements (other than
rights-of-way or easements across the Highland-Boulder Property which are granted by the
Developer). At the Developer's request, the City will, to the extent permitted by law,
authorize the Developer to represent it in the acquisition of any rights-of-way or easements
which may be necessary for the installation of the Highland Avenue Improvements.
The City will install the Highland Avenue Improvements which are
described in Subparagraph 5.(a) and Subparagraph 5.(b) before the first business in the
Shopping Center opens for business. However, if the City is unable to do so, then the City
will install the Highland Avenue Improvements according to a schedule which will ensure the
installation of the Highland Avenue Improvements at the earliest possible time and otherwise
not impede full public access to the Shopping Center or otherwise delay the progress of the
development of the Highland-Boulder Property and in the interim, the City will, at its sole
cost, make such temporary improvements as may be necessary for safe public access to the
Shopping Center. In addition, if any delay in the installation of the Highland Avenue
Improvements could create a flood hazard at the Highland-Boulder Property, then pending the
completion of those Highland Avenue Improvements, the City will permit the Developer to
mitigate that flood hazard through the use of temporary mitigation measures including, without
limitation, temporary detention basins and any other mitigation measures required by
Developer's insurance carrier. Finally, no traffic improvements will be undertaken by the
City during holiday periods or between the dates of November I and January 1; provided,
however that the parties agree that the foregoing limitation will not prevent the City from
undertaking emergency repairs between those dates.
In addition, subject to the provisions of this Paragraph 5., the City will
act as the lead agency with respect to the installation of any of the Highland Avenue
Improvements over which CalTrans has jurisdiction.
In addition, the City will, at the Developer's cost, take such steps as
may be necessary to legally establish, improve and open to traffic, the streets which are
referred to in subparagraph 8.(a), according to a schedule which will allow those streets to be
improved and open to traffic before the first business in the Shopping Center opens for
business, and which will not otherwise delay the progress of the Developer's development of
the Highland-Boulder Property. The parties acknowledge and agree that the foregoing streets
will not make provision for utility service. In order to facilitate the development of the
Highland-Boulder Property, at the Developer's request, the City will allow the Developer to
prepare the plans and specifications for the foregoing streets and, on approval of those plans
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and specifications by all public agencies which have jurisdiction, to install the foregoing streets
as a private project, at the Developer's cost.
In order to facilitate the development of the Highland-Boulder Property,
at the Developer's request, the City will allow the Developer to prepare the plans and
specifications for the Highland Avenue Improvements and, on approval of the plans and
specifications by all public agencies which have jurisdiction, to install the Highland A venue
Improvements as private projects. In that event, the Developer and the City will also enter
into such agreements as may be necessary to facilitate timely payment or reimbursement by the
City for the direct and indirect cost of the preparation and approval of the plans and
specifications and the installation of the Highland Avenue Improvements themselves.
In view of the provisions of subparagraph 5.(c), which obligate the City
to make such temporary improvements to Highland Avenue as may be necessary for safe
public access to the Shopping Center, under no circumstances will the completion of the
Highland Avenue Improvements be a condition of issuance of a certificate of occupancy for
any building on the Highland-Boulder Property.
6. Third Party Permits and Approvals and Utilities. The City will use its best
efforts to assist the Developer in obtaining all other permits and approvals which are necessary
for the development or operation of the Highland-Boulder Property. Examples of these
permits and approvals are permits and approvals which are required for the installation of
driveways from Highland Avenue to the Highland-Boulder Property, and utility connections
and services which are necessary for the development or operation of the Shopping Center
such as electrical, gas, water, sewer, storm drain, telephone and cable television. In addition,
at the Developer's request, the City will use its best efforts to assist the Developer in
negotiating with third party government agencies with respect to any processing fees or
charges and any development impact fees or development linkage fees which are levied by
those third party government agencies. In addition, the parties acknowledge that the
Developer may be obligated to make payments to third party utility providers to defray the
cost of utility extensions to the Highland-Boulder Property and agree that, at the Developer's
request and at the Developer's cost, the City will process all proceedings with those third party
utility providers that may be necessary to bring those utility extensions about.
7. Development Schedule. Subject to the provisions of paragraph 12., the
Developer will use its reasonable best efforts, consistent with prudent business judgement, to
develop the Highland-Boulder Property in accordance with the Development Criteria,
according to the following schedule:
(a) No later than the 1st anniversary of the Effective Date, the Developer
will begin construction of the Wal-Mart Store.
(b) No later than the 2nd anniversary of the Effective Date, the Developer
will complete construction of the Wal-Mart Store.
(c) No later than the 3rd anniversary of the Effective Date, the Developer
will complete construction of the remaining space (building shell only) which it plans for the
Highland-Boulder Property, except for any Secondary Anchor Store.
(d) No later than the 4th anniversary of the Effective Date, the Developer
will complete construction of any Secondary Anchor Store, if a Secondary Anchor Store is
located at the Shopping Center.
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8. Other Matters.
(a) The City will cooperate in good faith with the Developer and will use its
best efforts to assist the Developer in the Developer's efforts to establish I street at the
location on Exhibit" A" which is designated "Dedicated Street No. I", I street at the location
on Exhibit "A" which is designated "Dedicated Street No.2" and I street at the location on
Exhibit "A" which is designated "Dedicated Street No.3", which streets will extend far
enough north of Highland Avenue to give efficient public access to the Highland-Boulder
Property. At the Developer's request, with the exception of Dedicated Street No.2, the
above-mentioned streets may be established and maintained as private streets.
(b) The parties acknowledge that CalTrans intends to relinquish or otherwise
dispose of certain strips of land which front the Highland-Boulder Property and which are
presently part of the CalTrans right-of-way ("CalTrans Right-of-Way"). The City will use its
best efforts to cause CalTrans to relinquish or otherwise dispose of the CalTrans Right-of-Way
in favor of the City and, upon acquisition of title or rights of possession or access, the City
will allow the Developer to landscape and maintain the CalTrans Right-of-Way and to install
and maintain signage which is related to the Shopping Center. The Developer will receive
credit for landscape and structural setbacks at the CalTrans Right-of-Way, against its on-site
landscape and structural setback requirements for the Highland-Boulder Property.
(c) The parties also acknowledge that CalTrans intends to dispose of other
land which is contiguous and to the southeast of the Highland-Boulder Property ("CalTrans
Property"). Provided that the Developer approves the price and terms of such acquisition in
advance, the City will, at its cost, use its best efforts to acquire title to the CalTrans Property
at the lowest possible cost and, upon acquisition, will sell and the Developer will purchase
good and marketable title to the CalTrans Property, at the same cost, for commercial
development by the Developer as part of the Highland-Boulder Property. In that event, the
City will cooperate in good faith with the Developer and will use its best efforts to assist the
Developer in the Developer's efforts to establish at least I point of vehicular access from a
dedicated street to the CalTrans Property, to give efficient public access to the CalTrans
Property. If the City is unable to acquire title to the CalTrans Property and convey it to the
Developer as provided in the immediately preceding sentence, then provided that the
Developer approves the price and terms of such acquisition in advance, the City will, at the
Developer's cost, acquire title or rights of possession or access to the CalTrans Property at the
lowest possible cost and, upon acquisition, will allow the Developer to maintain the CalTrans
Property for open space purposes. In either of the above events, the Developer will receive
credit for landscape and structural setbacks at the CalTrans Property, against its on-site
landscape and structural setback requirements for the Highland-Boulder Property.
(d) In its development of the Highland-Boulder Property, the Developer will
adhere to the Mitigation Monitoring Program which is attached hereto as Exhibit "F".
(e) The parties acknowledge that many of the conditions of approval and
standard requirements which are described or referred to in Exhibit "B", Exhibit "C", Exhibit
"D" and Exhibit "E", may conflict or be inconsistent with the provisions of this Agreement
and agree that, in the event of any such conflict or inconsistency, the provisions of this
Agreement will supersede and control. Without limiting the effect of the foregoing, the parties
acknowledge that, although the Highland-Boulder Property consists of several parcels of real
property and will have multiple owners, the effect of this Agreement and the reciprocal
easement agreement which will be recorded with respect to the Highland-Boulder Property,
will be to interlock those parcels together as one property, and agree that all of the legal
7
DcvA.&ftIIl:\lc)')I\GI86-009
parcels which make up the Highland-Boulder Property will be deemed to be the same property
for purposes of interpreting the Uniform Building Code including, without limitation, Uniform
Building Code Section 504(c).
9. Develooer Compliance and Release. At such time as the Developer has
developed each legal parcel of the Highland-Boulder Property in accordance with the
Development Criteria and this Agreement, at the Developer's request, the Director of Planning
and Building Services of the City or such other employee of the Department of Planning and
Building Services as he designates to act in his behalf ("Director") will issue a Certificate of
Compliance ("Certificate of Compliance") with respect to that parcel and the Developer may,
at its cost, cause that Certificate of Compliance to be recorded in the official records of San
Bernardino County, California.
At such time as the Developer has developed all of the Highland-Boulder
Property in accordance with the Development Criteria and this Agreement, then at the
Developer's request, the Director will issue a Certificate of Compliance with respect to all of
the Highland-Boulder Property and the Developer may, at its cost, cause that Certificate of
Compliance to be recorded in the official records of San Bernardino County, California.
The purpose and effect of each Certificate of Compliance will be to release the
Developer and the affected parcel of the Highland-Boulder Property from the obligations
which are provided in this Agreement. However, no such release will be deemed to be a
release of the rights of the Developer and the Highland-Boulder Property which are provided
in this Agreement. Each Certificate of Compliance will be in the form of Exhibit "G".
The Developer will be deemed to have developed a legal parcel of the Highland-
Boulder Property in accordance with the Development Criteria in this Agreement, when it has
developed buildings (building shell only) and the other improvements which have been
approved by the City for development on that parcel.
10. Default by DevelollCr. If the Developer fails to perform any of its obligations
as provided in this Agreement and fails to cure its nonperformance within 30 days after notice
of nonperformance is given by the City, then the Developer will be in default and the City will
have all remedies which are available to it at law or in equity; provided, however that if the
nature of Developer's failure to comply or perform is such that it cannot reasonably be cured
within 30 days, then the Developer will not be in default if it immediately commences and
thereafter diligently continues to cure its failure.
II. Default by City. If the City fails to perform any of its obligations as provided
in this Agreement and fails to cure its nonperformance within 30 days after notice of
nonperformance is given by the Developer, then the City will be in default and the Developer
will have all of the remedies which are available to it at law or in equity; provided, however
that if the nature of City's failure to perform is such that it cannot reasonably be cured within
30 days, then the City will not be in default if it immediately commences and thereafter
diligently continues to cure its failure.
12. Permitted Dela,ys. Without limiting the effect of paragraph 14., the Developer
will be excused from performance of its obligations as provided in this Agreement during any
period of delay which is caused by matters which are not within the Developer's reasonable
control including, without limitation, casualty; acts of God; civil commotion; war;
insurrection; riots; strikes; walkouts; picketing or other labor disputes, except that neither the
Developer nor its contractors or subcontractors will be required to settle any labor dispute on
8
[kvA&ftII\I~)I\GllJ6.OO9
terms other than those which are satisfactory to them in their sole discretion; market factors;
unavoidable shortages of materials or supplies; damages to work in progress by reason of fire,
flood, earthquake or other casualty; litigation which prohibits or delays any aspect of the
development of the Shopping Center; initiatives or referenda; moratoria; acts or the failure to
act of the City (e.g. the failure to take actions which it is required to take under subparagraph
3.(b)) or any other public or governmental agency or entity (except that acts or the failure to
act of the City shall not excuse performance by the City); unanticipated restrictions which are
imposed or mandated by governmental entities or enactment of conflicting City, County, State
or Federal laws, regulations or judicial decisions. The Developer will promptly notify the
City of any permitted delay as soon as is possible after it has ascertained such delay and the
term of this Agreement will be extended by the period of any such delay.
13. Indemnification.
(a) With respect to the Developer's performance as provided in this
Agreement, the Developer will defend, indemnify and hold the City and its elected officials,
officers and employees free and harmless from any loss, cost or liability (including, without
limitation, liability arising from injury or damage to persons or property, including wrongful
death and worker's compensation claims) which result from (i) any obligation of the Developer
which arises from the development of the Highland-Boulder Property including, without
limitation, obligations for the payment of money for material and labor, (ii) any failure on the
part of the Developer to take any action which it is required to take as provided in this
Agreement, (iii) any action taken by the Developer which it is prohibited from taking as
provided in this Agreement, (iv) any claim which results from any willful or negligent act or
omission of the Developer and (v) any legal challenge to the City's actions in approving or
implementing this Agreement.
(b) Included in the scope of the foregoing indemnification will be all
damages and claims for damages which are suffered or alleged to have been suffered by reason
of the matters which are the subject to the applicable indemnification and all of the associated
legal fees and court costs (but not internal costs). Without limiting the effect of the foregoing,
the Developer will have the right to defend against any claim with respect to which it is
indemnifying the City, using legal counsel of its choice. The City will cooperate with the
Developer and will give the Developer its full support in connection with any claim with
respect to which the Developer is indemnifying the City.
14. Supersedin~ State or Federal Law. If any state or federal law or regulation
which is enacted or adopted after the Effective Date or any other action of any governmental
entity which is not under the City's control, prevents or precludes compliance with any
provision of this Agreement, then that provision of this Agreement will be modified or
suspended only to the extent and for the time necessary to achieve compliance with that law,
regulation or other governmental action and the remaining provisions of this Agreement will
continue in full force and effect and the parties will negotiate in good faith for such
amendments to this Agreement as may be necessary to achieve its intent, notwithstanding the
existence of such state or federal law or regulation or other governmental action. On the repeal
of any such law, regulation or other governmental action or on the occurrence of any other
circumstance which removes the effect of the same on this Agreement, the provisions of this
Agreement will be automatically restored to their full original effect and any amendment to
this Agreement which the parties have entered into as a result of any such law, regulation or
other governmental action, will terminate.
9
[kvApee\lo.3\\GI86-Q)9
15. Condemnation. The City hereby agrees not to exercise its right to acquire by
condemnation, fee ownership of or any easement or other right which would encumber the
Highland-Boulder Property or any part of the Highland-Boulder Property.
16. Successors and Assie:ns. The parties acknowledge that the City has agreed to
provide, at its sole cost, certain improvements, due to the Developer's expertise, reputation as
a successful Developer, and financial status. Consequently, except as otherwise provided in
this paragraph 16., the Developer will not transfer its rights and obligations under this
Agreement, without the City's express written consent, which consent will not be unreasonably
withheld. The purpose of this provision is to assure that, if a transfer occurs, a developer of at
least the same expertise, reputation and financial status as the Developer develops the
Highland-Boulder Property. The further purpose of this provision is to prohibit only the
transfer of this entire Agreement without the City's express written consent. Therefore, the
parties agree that this prohibition against transfer will not apply to and the consent of the City
will not be required for (i) the transfer of all or part of the Highland-Boulder Property for the
specific siting of a Wal-Mart Store ("Wal-Mart Site"), along with the rights and obligations as
provided in this Agreement that relate to the same, to Wal-Mart Stores, Inc., (ii) the transfer
of all or part of the Highland Boulder Property along with the rights and' obligations as
provided in this Agreement that relate to the same, to a partnership or other entity in which the
Developer or either of its principals is involved, (iii) the transfer of specific sites within the
Highland-Boulder Property (other than the Wal-Mart Site), along with the rights and
obligations as provided in this Agreement that relate to the same, to individual developers or
users, (iv) the transfer of any rights or obligations as provided in this Agreement or any rights
or obligations that relate to the Highland-Boulder Property, in order to finance (through the
use of equity or debt) the acquisition or development of all or part of the Highland-Boulder
Property, (v) leases of the Highland-Boulder Property, or (vi) the transfer of all or part of the
Highland-Boulder Property, along with the rights and obligations as provided in this
Agreement that relate to the same, to any person, after the issuance of a Certificate of
Compliance for the transferred part of the Highland-Boulder Property or the entire Highland-
Boulder Property, as the case may be. Subject to the provisions of this paragraph 16., this
Agreement will inure to the benefit of and will bind the Developer's successors, assigns and
tenants.
17. Eauitable Servitudes. All of the provisions of this Agreement will be
enforceable as equitable servitudes and will constitute covenants running with the land as
provided in the applicable law; provided, however that, after transfer by the Developer, each
legal parcel of the Highland-Boulder Property will be burdened only by the obligations in this
Agreement which relate to that legal parcel and, under no circumstances, will the owner of any
legal parcel of the Highland-Boulder Property be liable for the obligations in this Agreement
which relate to any other legal parcel of the Highland-Boulder Property.
18. Nee:ation of Ae:ency Joint Venture or Partnershio. The parties acknowledge that
in entering into this Agreement, they are acting as independent entities and not as agents of the
other in any respect. The parties hereby renounce the existence of any form of joint venture or
partnership among or between them and agree that nothing in this Agreement will be construed
as making them joint venturers or partners.
19. Notices and Other Communications. All notices or other communications
which are required or permitted to be given to the parties will be in writing and will be given
either by personal service or by mailing the same by certified or registered mail, postage
prepaid, return receipt requested, or overnight mail delivery service, addressed as follows:
10
DoYApcIIG-JI\GI86-IDJ
CITY
City of San Bernardino
300 North "D" Street
San Bernardino, CA 92418
Attn: City Administrator
DEVELOPER
Gatlin/Doerken Developments
12625 High Bluff Drive
Suite 304
San Diego, California 92130
Attn: Franklin C. Gatlin, III
- and -
Doerken Properties, Inc.
3250 Ocean Park Boulevard
Suite 385
Santa Monica, CA 90405
Attn: Peter W. Doerken
If any such notice or other communication is given by personal delivery, then it will be
deemed given as of the date of delivery. If any such notice or other communication is given by
mail, then it will be deemed given as of the date of receipt or rejection. Addresses to which
notices or other communications may be delivered, may be changed from time to time by a
notice which is given as provided in this paragraph 19.
20. EstopJ>el Certificates. At the request of either party, the other party will, within
10 days, certify in writing that, to the best of its knowledge, (a) this Agreement is in full force
and effect and is a binding obligation of the certifying party, (b) this Agreement has not been
amended or modified, except as is expressly provided in that estoppel certificate and (c) no
default in the performance of the requesting party's obligations as provided in this Agreement
exists, except as is expressly provided in that estoppel certificate.
21. Ap.plicable Law. This Agreement will be construed and enforced as provided in
California law.
22. Venue. Any legal action with respect to this Agreement will be brought, at the
Developer's election, in either San Bernardino County Superior Court or in the United States
District Court for the Central District of California.
23. Attorneys' Fees. If legal action is taken to enforce or interpret any provision of
this Agreement, then the prevailing party in that action will be entitled to recover from the
losing party all attorneys' fees, court costs and necessary disbursements in connection with that
action.
24. Paral!raph Headings. The paragraph headings of this Agreement are for
convenience only and are not a part of and are not intended to govern, limit or aid in the
interpretation of any provision of this Agreement.
11
DevApc:ll()..)1\G186-0J9
25. Construction. In all cases, the language in this Agreement will be construed
simply, according to its fair meaning and not strictly for or against either party, it being agreed
that the parties or their agents have participated in the preparation of this Agreement. Without
limiting the effect of the foregoing, the parties acknowledge and agree that the City is
restricted in its authority to limit its police power by contract and that the limitations in this
Agreement are intended to reserve to the City all of its police powers which cannot be so
limited. This Agreement will be construed, contrary to its stated terms if necessary, to reserve
to the City all police power that cannot be restricted by contract.
26. Survival. Each and every covenant in this Agreement will survive the execution
and delivery of this Agreement for the benefit of the parties.
27. Calendar Periods. All references in this Agreement to "years", "quarters",
"months" and "days" will be deemed to be to references to calendar years, quarters, months
and days.
28. Severability. Every provision of this Agreement is and will be construed to be a
separate and independent covenant. Without limiting the effect of paragraph 14., if any
provision of this Agreement or the application of the same is, to any extent, found to be
invalid or unenforceable, then the remainder of this Agreement or the application of that
provision to circumstances other than those to which it is invalid or unenforceable, will not be
affected by the same and each provision of this Agreement will be valid and will be enforced
to the extent permitted by the law and the parties will negotiate in good faith for such
amendments to this Agreement as may be necessary to achieve its intent, notwithstanding such
invalidity or unenforceability.
29. Further Actions. Whenever and as often as it is requested to do so by the other
party, each party will execute, acknowledge and deliver or cause to be executed,
acknowledged or delivered, any and all such further documents as may be necessary, expedient
or proper in order to achieve the intent of this Agreement. Without limiting the effect of the
foregoing, the parties acknowledge that, in order for the City to install the Highland Avenue
Improvements as provided in paragraph 5., it may be necessary for the City to enter into
agreements, including joint powers agreements, with other public agencies and, in the event
that it is, each party will take such steps and execute, acknowledge and deliver or cause to be
executed, acknowledged or delivered, any and all further documents as may be necessary,
expedient or proper in order to accomplish the same.
30. Covenant of Good Faith. In exercising their rights and in performing their
obligations as provided in this Agreement, the parties will cooperate with one another in good
faith, so the intent of this Agreement can be attained.
31. Counteq>arts. This Agreement may be executed in counterparts, each of which
will be deemed to be an original for all purposes and all such counterparts will constitute one
and the same agreement.
32. Incoq>oration of Recitals. The "Recitals" in this Agreement are material and
are incorporated by reference as though fully set forth hereat. Each recital of fact concerning
the parties will be conclusive between them and such facts will be incontestable in the event of
any dispute between them with respect to such facts. Neither party will introduce any evidence
in a court or administrative proceeding which would in any way serve to dispute any such
recited fact.
12
DnA&JW\1~31\G11l6-OO9
33. Exhibits. The Exhibits to this Agreement are incorporated by reference as
though fully set forth hereat.
34. Amendment.
(a) No amendment or waiver of any term of this Agreement will be binding
on the City unless and until it has been approved by the City and has become effective, or on
the Developer unless and until it has been executed by the Developer.
(b) The parties acknowledge that the passage of time may demonstrate that
changes are necessary or appropriate with respect to the details of each party's performance as
provided in this Agreement. Because the parties wish to retain flexibility with respect to the
details of their performance, if and when the parties determine that changes are necessary or
appropriate, they will unless otherwise required by law, effectuate those changes or
adjustments through operating memoranda. After execution, each such operating memorandum
will be attached to this Agreement as an addendum and will become part of this Agreement.
No such operating memorandum will be deemed to be an amendment of this Agreement.
35. Recordation. No later than 10 days after the Effective Date of this Agreement,
the Developer will, at its cost, record this Agreement in the Official Records of the San
Bernardino County Recorder.
SIGNATURES FOLLOW
13
IlDvAIJ"IC.\IG-31\G11l6-OO9
CITY
AITEST:
By: ~YC~~/~
APPROVED AS TO FORM AND
LEGAL CONTENT:
/.I
.fc~~
--
DEVELOPER
Gatlin/Doerken Developments, a California
general partnership
By: DOERKEN PROPERTIES, INC.,
a Cali~~rporation
By: !!Q4,It<~, /2A /A
Its: r
APPROVED AS TO FORM AND
SUBSTANCE:
GRESHAM, VARNER, SA V AGE,
NOLAN & TILDEN
/
By: ~LI.)A~ <. JJ
Mark A. Ostoich, Esq.
STATE OF CALIFORNIA )
~ ss.
COUNTY OF-1n1)Qli\C\\&)",CJ
On .fJD\lcmbQ.v (0, 1991, bef?re me" the undersigned, a Notary Public in and for
said State, personally appeared t,U .K. '~,b' t\u ~c ~6Y\1:> , personally known to
me or proved to me on the basis of satisfactory evidence to be the Mayor of the City of San
Bernardino, a municipal corporation, and acknowledged to me that such municipal corporation
executed the within instrument.
~O-{
Qlo'FICIAL SEAL f>
MAFtG!E VA~CE '{
~!,)T'JlY PUBLIC. CAllFor),N!.~,
;; S,\N BERNA-ilO/NO CCUNTY
\ My Gomm E1.pircsFet) 10, 19!}S
WITNESS my hand and official seal.
STATE OF CALIFORNIA )
) ss.
COUNTY OF Los Anqele~
On Novenber 5 _' 1991, before me, the undersigned, a Notary Public in and for
said State, personally appeared _ Peter W. Doerken , personally known to
me or proved to me on the basis of satisfactory evidence to be the person who executed the
within instrument as the General Partner of Gatlin/Doerken Developments, a California
general partnership, the partnership that executed the within instrument, and acknowledged to
me that such person executed the within instrument as the general partner of Gatlin/Doerken
Developments, a California general partnership.
OFF!!"".'.!. SEAL
VIRGINIA PADIAN
NOTAQ'r r-t'il ":' . CALIFORNIA
LOS AI'<<lElES COl/NTY
My comm. expires MAR 21, 1994
/)
~-~ . ~"
~ 6--d c6-.,L.--'
WITNESS my hand and official seal.
HIGHLAND-BOULDER PROPERTY
EXHIBIT "A"
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.Order Ifo. 9010652
1
-12
DESCRIPTION
PARCEL NO.1.
THAT PORTIOR 01' TO SOOTBEAST 1/4 01' SBCTION 28, TOlfIlSBIP 1 NORTH, JtANCB 3 WJ:lIT,
SAM URHARDINO BASI AND MBRIDIAJI, III TBB 000IlTf 01' SAIl IIDJlAJU)INO, STATE 01'
CALIJ'ORIIU, ACCOJUlIRG TO TBI O....ICIAL PLAr TO~I'.
ImGIJIMIRG AT A POIIfT 442 J'U'l' J:Aft 01' TBB SOOTBWIST COIUID 01' lAID IOUTBIU1' 1/4,
rf .4Ca NORTH 135.99 J'U'l' TO TBI ltOIJft' IN TBI IIORTB LID or ITAft RI~ alOft or
.u,
....--_~ HORft It. 31' 00.
r---CS 80Uft 338 41' 04-
~ NORTH 47" 46' 50.
~ NORTH 32 J'BBT 1
r---a NORTH .," 31' 00. KAS'1' 73 J'BBTI
or--- NORTH 115 nBTI
~ 800TII .," 31' 00. nIT 93 nBTI
or--- IIORTH 331.51 J'D'fl
r--~ BAST 1,111.44 J'D'fl
~__ 800TII 614.5 nBTI
TDNC:B nST 1,111.44 I'J:B'l' TO TBI POIIfT 01' UGINRIIIG.
IIUT 3 nft,
IIUT 11. so I'DT 1
BAIT 19.31 J'D'fl
UCKPTIIIG TBJ:UJ'ROK TBOSB POtn'IOIII DBBDBD TO TIIB STAB or CALIJ'OIUfIA ay DOCUHIIIT
UCORDBD KAY 6, 1946 IN BO()J; 1893, PAGB 164, O....ICIAL UCOIIIlI, AIm UCOIIIlBD ImRCB
1., 1954 IN BOOK 3347, PAGB 499, O....ICIAL RBCOIIIlS.
p~. 110. 2.
'fiaT PORTIOR OJ' TIIB SClUTIIDST 1/4 or SBeTIOII 28 IN !C*NUU 1 1IOR'ftl, OJ' RAIIU 3
"T, 01' SAN IBRIIARDINO ... lUll) DIlIDIAJI, III TIIB """'-'ft OJ' SAIl 8DlOJII)INO, STAB
or CALU'ORHU, PARTIctlLARLI Duc:aIBBD AS FOLLOWS.
OOMKINCIIIG AT A POIIfT 011 TBI .......... loIn or BIGIILAIGl Avan 250.1 J'IBT DST OJ' TO
........-......AST CClRIID 01' TBI IOClTBIAST 1/4 or SAID SICTIOII 211
.....~-a n'T JW:lI'G TBI CSII!'D 0/1 SAID BIGIILUIl AVJ:NUB 137.76 nBTI
~~ RORrB 617.10 J'D'fl
..---2 waft 921.64 FSft,
~......... NORTH 131.1 J'D'f 1
TDMCJ: WElT 10 J'IBT TO A POINT IN TBI <:1;"",... or WASTI DITCB,
~ RORTH ALOIIQ TBI .,...... 0/1 lUIB1'I DI'l'CB 421.6 J'IBT TO ,,*,n'&I< 01' IUW IIBAR
VJU.UY DITCII, PORMIRLI BIGIILAIlD DI'l'CB COHPANr'S DITCBI
'l'BJ:JlCB EASTlRLI ALORC .,...... 01' LARD, HKlfTIONBD DI'l'CB 846 nBT, KORI OR LlSS,
~~ NORTH 88" 10' BAIT 28 nBTI
'l'BJ:JlCB NORTH 76" 45' lAST 45.4 J'IBT,
ARK-::J: SOU'1'II 63" BAIT 582 nBTI
'l'BJ:JlCK BAST 3.4. 1 J'Bft 1
'l'DJICB SOOTH 749.7 J'U'l' TO TIIB PLACI 01' IIBGINRIIIG.
UCEPTING TBJ:UJ'ROK THAT PORTIOII LYIIIG sOOTHDLI AND IASTZRLI or TBI roLLOWIJIG
DBSCRIBED LID.
~NCING AT A POINT IN TBI ......... LID 01' BIGIILAIGl Avan, 60 J'IBT WIDI, 23.54
CHAIRS BAST OJ' TIIB nIT LID OJ' SAID 80UTBIAft 1/4,
'l'HBRCB NORTH 218.03 J'J:IT TO TIIB DUI: POIIfT 01' UGllOIIJIG or TIIB LID TO ..
0.. "-p 1101 9010612
-12
2
DBSCRIPTION
DESCIlIBBDI
'l'BBNCJ: KORTH 730 12' Jr.AS1', 204.72 FIlZ'l'1
'l'BBNCJ: ALONG A CURVJ: 1'0 'rBB LBrT WITH A RADIOS or 650 I'D'1' TBIlOlJG8 AN ANGU or 220
35' 20' Jr.AS1', A DII1'ANCI or 256.26 rBZ'l',
'l'BBNCJ: NORTH 20 26' nS'l', A DII1'ANCI or 64.12 rBZ'l'1
'l'BBNCJ: noli A TANGD'l' UAlUICG NORTH 460 55' 42" Jr.AS1' ALORG A CURVJ: 1'0 '1'ID un WITH
A RADI08 or 600 Oft .---... AN AlCGLII 01' 320 07' 11", A DllftIICIl 01' 336.31 ~, 1'0
A I'OINT IN '1'D 1IOR'1'D1lL7 1.111I or SAID PIlOPD'n, 1'0 '1'ID 1'DXIII1l' or lAID LID.
Pur- NO. 31
'fRAT PORTIC* or '1'D .....raaAft 1/4 0.. acrIC* 28, TOIIIJ'-n 1 1IClRTII, JWlGIl 3 an,
SAIl BBRNARIllNO BASI AND DRIDIAN, IN '1'ID .........k 01' 8AII IIDP-DllIO, STAft or
CALIFORNIA, AO"""'J)IIIG 1'0 lIOt_ K~'" ........z, DISCRIBm AI ror.LOIDt
BKGIIOIIlIG AT '1'D SOOTB1IIST CXlIUUR 0.. lAID SOUTDAST 1/4, RlIBIJIO t'DNCI JIClR'1'II 9.35
CllAIN8, .
'I'BBIICJ: Jr.AS1' 6 CBlUI.., 70 LllOt8 AlII) 2-3/4 INCBlI 1'0 '1'ID CIIlTIIl or A 8TClml DITC8,
'J'IIW- SOU'1"8 ALOIlG lIAID DI'lCB t.35 CBI\.I1f8,
'I'BBIICJ: WJl:S'l' 6 CRAIl', 70 LIIOt8 AlII) 2-3/4 INCB18 1'0 '1'ID POIJIT 0.. DGIDIJIO.
DCJ:PTIIG TDUnoN '1'ID JtORTB 2-1/2 I'UT '1'BIRIOI' DIm>ID 1'0 GIO. If. 1WIDALL, AI ...
Dim> RltCORDID HlJ 10, 1910, IN IIOOIt 458 or DIIDI, PAGE 369.
ALSO UCZPTIICG THAT POR'l'IOlf CXllIVKYID '1'0 '1'1.1'1 or CALlroJUfIA, UCORDID IlOYKH8D 23,
1954 IN BOOK 3512, PAGE 56, O....ICIAL RltCORD8.
PARCJ:L NO. 41
'fRAT I'OR1'IOR or SIC'l'IOR 28, '1'OIlJfIBIP 1 1fOItTB, RAlIGI 3 nIT, SAIl IlmUlAJlDIIIO ....
AJlI) MElUDIM, IN TBI .......d or 1M BIJUQRDINO, S'l'Aft OF CALII'OJUUA, ACCOIIDIJIO 1'0
COVDIOCBNT ItlJlVU, DIUCJlIBID AS FOLLOWllt
OOMKI:!fCINC AT A POIII'1' 614.6 Oft NOR'1'B J1lOK '1'D """...aWUT ~ 0.. '1'D SOO'l'IIIU'l'
1/4 0.. SECTIC* 28, !OlIIISIII' 1 1IOR'1'II, RlUIQ8 3 nI'l', 8AII BIIUQlw)IIIO BAlI AND
MBaIDIM, AIID IW_~ z......& _ 625 I'UT,
~ IfOItTB 133.6 raT,
;1:....-;& nIT 10 raT 1'0 A POIJIT IN '1'D ......... 0.. A WAaTI DI'lCB,
'l'UNCJ: !fOR'1'B ALOIlG '1'D t,;5II..... 0.. SAID WlUIft DITC8, 421.6 I'D'1' 1'0 '1'D ......... 1.111I
0.. TD IfE1f IIIAJt VALLIr DI'lCB, FOJUllRL7 '1'ID DI'lCB 0.. '1'ID BIOI" -..m DITCH OClICPAft 1
TIIB1tCJ: WJl:STlRL7 ALOIlG '1'D .......... 1.111I 01' SAID DITC8, 667 1'D'1', IIOIIK OR LBSI, 1'0
'l'U WJl:S1' 1.111I or TBI IOOTBIAS1' 1/4 or SAID SICTIC* 281
THENCJ: SOO'1'B 331 raT, 1'0 1'BB PLACI or BIIGINNIIG.
PARCZL NO. 5t
I
THAT 1'011.1'1011 or '1'D lOO'1'BBAS1' 1/4 or OCTIOII 28, TOWNSBIP 1 JlOJt'1'B, JWlGIl 3 IIIS1',
SAIl BBRNARIlIIIO BUI AND IfIRIDIAN, IN TD .......u or IAN URIlARDIIIO, STAft or
CALIFORNIA, ACCOIIDIIlG 1'0 '1'D O....ICIAL PLAT 0.. SAID LAIID rILID IN '1'D DIS'1'IlICT LAIID
orrICJ: SBPT&KIlD 2, 1878, DBSCRIBID AS FOLLOWII
OOIIIm!fCING AT '1'ID SOUTB 1/4 CORIfIR or SAID SIC'l'IOlf 281
'l'U!fCJ: NOR'1'B 890 41' "5. DS'1' ALOIlG '1'ID 8OO'l'II 1.111I or SAID SlCTIOlf, 442. 50 raT
Order No. 9010652
-12
3
DESCRIPTION
I
(UCOIUl 442.43 ruT) TO TBI INTIRSBCTIOII WITS TBI SOO'l'BBRLY UftN.IOII or '1'BI
c:IJl'1'Sll LINE or A sron DITCB AS IlBRIUIBD ro 1M DDD UCOJU)Jm nDllAU 9, 1921 IN
.IOOK 710 or DIIDS, PAGI 327, IlBCOIUl. cr SAID uuv~.t,
'rIIPCS NORTS O' 22' 00. nST ALOIlG TIll SOUTBIRLY UftNSIOII or TIll ....15.. LID or
8&IIl DITCII 135." nrr TO A POINT IN TIll 1lOR'rII LID or TIll ftAB IIIClIIlIlI aIelft or
war,
'ftIIIIICI 1IOIl'l'B It. 38' 00. 1IAI'l', 3.0 ru1:,
.. ca lIOR'1'B O' 22' 00. aft, pU,Jn- WI'l'B TBI ......... LID 01' lIADl I20IIIl DIteII,
32.0 nrr TO 'ftII DOl POINT or DlIx.n_,
.. CiI CX*'fIJl1JZIIQ IIClItft O' 22' 00. aft, 115.0 ~,
~ 1tORTIl 89' 38' 00. 1IAI'1', 93.0 .uor,
~ 8Oll'ZB O' 22' 00. 1AI7, 115.0 .uor, PARI'"..... WITS TIll .....".. LID or lAID
~ DI'rall
'fIIDCS 8Oll'ZB 89' 38' 00' nIT, 93.0 nrr TO TBI TRill POIII'f 01' IIJIQIDIIlG.
PAItCIL 110. 6.
'ftIAr POMIOII or TD SClO'fIIDS'f 1/4 or .ICTIOII 28, !OIllC.IUP 1 NX TlI, Ill\IIGIl 3 llSft,
SAIl BDNJUU)IIIO BASI AlII) KlRIDIAM, 1M TIll ....AllIn or SAIl Il~IJIO, IDft or
CALIFORNIA, ACCORDIIIG TO TBI orrICIAL PLAT or lAID LAllI) rIL8D IN TBI DISftICf LAND
orrICS SBPTIMBD 2, 1878, DllaIUD AI J'OLLOWI.
COMKDCIIIG AT TBI SOUTB 1/4 00RDa or lAID lacTIOII 28,
".-..a NORTS 89' U' 45" IIAI'1' ALOIIQ TIll IIOU'f8 LID or lAID .IICt'ICII, "2.50 ruT
(ucor.D 442.43 ~) TO TBII IJITDAC'fICII WI'rII TBI ~Y ...~IOII or TBI
CIIlI'1'D LID or A lTOIII DITCB, AI JlIJDRIlD TO IN DIIm ~ ",.._alll~n 9, 1921, 1M
.xlIt 710 or Dllml, PA08 327, IlI<XJIlM 01' lAID ......,.11'
'l'IIIIlCI IIORTB 0" 22' 00. nIT ALOIIQ TBII ~Y UTa.ICII 01' .,.. .....- LID or
lAID DITCII, 135.99 nrr TO A POIII'f 1M TBI IIORTB LIn or TBI ftAB BIGIIWAf aIGBT or
war TO TIll TRUI POIII'f or DlIIDIIIQ,
'l'IIIIlCI NORTS 89' 38' 00. 1IAI'1', 3.0 nrr,
'fIIDCS NOR'l'B O' 22' 00. WIS1', 32.0 nrr PAP..".... WI'l'B TBI ......... LID or SAID 11'011I
DITal/
x...-- IIORTB 89' 38' 00. 1IAI'1', 20.00 .uor,
:0;_ SOUTII O' 22' 00. lAST, 32,0 ~,
......... 8OO'fB 47' 45' 50" 11Ift, 19.31 nrr TO A POIII'f 1M TBI IIClIl'ftIIA8ft LID or
'l'IIII .TAft or CALIFORNIA IUGIIIlM AI DIIClUUD I. PARCSL .S. or TIll DUD JlICOIIDI:D
IIAI'CIJ 18, 1954, AI I.ITRUXIII'l' 110. 25, IN IIOOIt 3347, PND 499, orrICIAL 1IICOItDI,
DCCIlDI or lAID COIlln'f,
'l'IIIIlCI IIOR'l'B 34' 08' 26. WIlT (JlI:COJU) IIORTB 33' 45' 04. WIS1') ALOIlO lAID
NORTIIEASTERLY LID, 15. 50 !'DT TO TBI TRill POINT or 8IOIDIIIG.
I
CONDITIONAL USE PERMIT
CONDITIONS OF APPROVAL
EXHIBIT "B"
Attachment "c"
,..-
....
CONDITIONS
CASE CUP 91-26/ VAR 91-16
DA 91-02
AGENDA ITEM B
HEARING DATE 10-29-91
PAGE 17
CITY OF SAN BERNARDINO PLANNING
AND BUILDING SERVICES DEPARTMENT
~
1.
ronstruction shall be in substantial conforllance
with the plan(s) approved bl' the Director.
Development Review Committee. Planning Commission
or Mayor and Common Council, Minor modification to
the plan(s) shall be subject to approval by the
Director throul1h a minor modification permit
process, Any modification which exceeds 10% of the
follo>ling allowable measurable design/site
considerations shall require the refiling of the
original application and a subsequent hearing bl'
the appropriate hearing review authority if
applicable.
1. On-site circulation and parking. loading and
landscaping:
2. Placement and/or height of walls. fences and
structures;
3. Reconfiguration of architectural features.
including colors. and/or modification of
finished materials that do not alter or
compromise the previously approved thelle: and.
". A reduction in densitl' or intensitl' of a
development project,
2.
Within one Year of development approval,
commencement ot construction shall have occurred or
the permit/approval shall become null and void. In
addition. if after comllencement of construction.
work is discontinued for a period of one Year. then
the permit/approval shall become null and void.
Projects may be bui It in phases if preapproved by
the review authority. If a project is built in
preapproved phases. each subsequent phase shall
have one year from the previous phase's date of
construction commencement to the next phase's date
of construction commencement to have occurred or
the permit/approval shall become null and void.
Project:___C_UY_Y_~-Jy_______________________________
Exp i ra t ion Da t e: _a_s__~e_t_e_rE!..i_n_e_~_bj'_j)_e_v_e_12Jll'lJ'!_n_t______
Agreement No. 91-02
~
on CII' .... --..0
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PI..AN-I.DI PAGE' OF 1 (4-10)
Page I of 7
r-
~
CITY OF SAN BERNARDINO PLANNING
AND BUILDING SERVICES DEPARTMENT
I...
CONDITIONS
DA
AGENDA ITEM
HEARING DATE
PAGE
'11 -0:>
8
10-29-91
18
~
3.
The review authority may. upon application bein!,
filed 30 days prior to the expiration date and for
good cause. grant one time extension not to exceed
12 months. The review authority shall ensure that
the project compl ies with all current Development
Code provisions.
4.
In the event that this approval is legally
challenged. the City will promptly notify the
applicant of any claim or action and will cooperate
fully in the defense of the matter. Once notified,
the applicant agrees to defend. indemnify. and hold
harmless the City, its officers. agents and
employees from any claim. action or proceeding
against the City of San Bernardino. The applicant
further agrees to reimburse the City of any costs
and attorneys' fees which the City may be required
bv a court to pa" as a resul t. of such action. but
such participation shall not relieve applicant of
his or her obligation under this condition.
,
--~----
No vacant. relocated. altered. repaired or
hereafter erected structure shall be occupied or no
change of use of land or structure! s) shall be
inaugurated. or no new busin~ss commenced as
authorized bv this permit until a Certificate of
Occupancy has been issued b,' t he Department. A
temporary Certificate of Occupancy may be issued hv
the Department subject to the conditions imposed on
the use. provided that a deoosit is filed with the
Department of Public Works prior to the issuance of
the Certificate of Occupancy. The deoosit or
security shall guarantee the faithful performance
and completion of all terms. conditions and
performance standards imposed on the intended use
by this permit.
l.
Prior to the issuance of a Certificate of
Occupancy, the landowner shall fi Ie a maintenance
agreement or covenant and easement to enter and
maintain. subject to the approval of the City
Attorney. The agreement or covenant and easement
to enter and maintain shal I ensure that if the
landowner, or subsequent owner's). fails to
maintain the required/installed site improvements.
the City will be able to file an appropriate
lien(s) against the property in order to accomolish
the required maintenance. ~
PLIH-UI PAGE 1 OF 1 f4-iO)
Pa~e : of 7
mn:.~.I.....4a
CONDITIONS
CASE CUP 91-26/VAR 91-16
nil Ql-0:1
AGENDA ITEM R
HEARING DATE 10-29-91
PAGE 19
CITY OF SAN BERNARDINO PLANNING
AND BUILDING SERVICES DEPARTMENT
r-
6.
The developer is to submit a complete master
landscape and irrigation plan 15 copies) for the
entire development to the Public Works Department
with the required fee for review. The landscape
plans will be forwarded to the Parks. Recreation.
and Community Services and the Planning Division
for revie... (Note: The issuance of a building
development Permit hv the Deoartment of Planning
and Building Services does not waive this
requirement.) No grading permitls} will be issued
prior to approval of landscape plans. Th..
landscape and irrigation plans shall cOllplv ..ith
the "Procedure and Policy for Landscape and
Irrigation" lavailable from the Parks Deoartment).
and comply with all applicable provisions of
Chapter 19.28 (Landscaping Standards) of the
Development Code effective on the date of aoproval
of this permit. Trees are to be inspected b,' a
representative of the Parks Department prior to
planting.
(The following provision is applicable to single
fallily homes.) Trees. shrubs and ground cov..r of a
type and quality generally consistent or compatible
with that characterizing single fallily homes shall
be provided in the front yard and that portion of
the side yards which are visible from the street.
All landscaped areas must be provided wi th an
automatic irrigation systell adequate to insure
their viability. The landscape and irrigation
plans shall be reviewed as outlined above.
~
...,j
IlIT"f' 0' _ -.......0
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PLAN-I.Ot PAGE t OF 1 (.4-10)
Page 3 of 7
~
CITY OF SAN BERNARDINO PLANNING
AND BUILDING SERVICES DEPARTMENT
CASE
ql-lfi
I
CONDITIONS
('TIP Ql-?fi{Vl\ll
DA 9 -02
AGENDA ITEM 8
HEARING DATE 10-29-91
PAGE 20
,
"'I
7.
This permit or approval Is suhject
conditions or requirements of the
Departments or Divisions:
to the attached
following elt'-
x
Fire Department
Parks. Recreation
Services Department
&
Communitv
x
Building
Planning
Department
Services Division
and Building
of the
Services
x
Police Department
Public Services <Refuse) Department
x
Pu b I I c 1/ 0 r ks
Department
( En gin ee r in g I
x
Water Department
~
crnCll'_~
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PL.AH-I.OI PAGE' OF 1
Page 4 of 7
(-)
~
CONDITIONS
CASE CUP 91-26/VAR 91-16
D1I 91-02
AGENDA ITEM 8
HEARING DATE 10-29-91
PAGE 21
.,
CITY OF SAN BERNARDINO PLANNING
AND BUILDING SERVICES DEPARTMENT
l
.,
6.
This permit or approval is subject to all the
appl icable provisions of the Development Code in
effect at the time of approval. This includes
Chapter 19.20 - Property Development Standards. and
includes: dust and dirt control during construction
and grading activities; emission control of fumes.
vapors. gases and other forms of air pollution;
glare control; exterior 1 ighting design and
control; noise control; odor control; screening;
signs. off-street parking and off-street loading;
and. vibration control. Screening and sign
regulations compliance are important considerations
to the developer because they will delay the
issuance of a Certificate of Occupancy unti 1 they
are complied with. Any exterior structural
equipment. or utility transformers. boxes. ducts or
meter cabinets shall be architecturally screened by
wall or structural element. blending with the
building design and include landscaping when on the
ground. A sign prograll for all new commercial.
office and industrial centers of three or more
tenant spaces shall be approved by the Department
prior to the issuance of a Certi ficate of
Occupancy.
This requirement also includes any applicable Land
Use District Development Standards for residential.
cOllmercial and industrial developments regarding
minimum lot area. minimum lot depth and width.
minimum setbacks. maxillum height. maximum lot
coveraae, etc.
9.
This development shall he required to maintain a
minimum of _1~55L__ standard off-street oarking
spaces as shown on the approved plan(s) on file.
l.
.....
Clln'0I...............:l
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PI.AN-I.D8 PAGE 1 OF 1
Page 5 of 7
,....j
I
CITY OF SAN BERNARDINO PLANNING
AND BUILDING SERVICES DEPARTMENT
,
CONDITIONS
8
10-29-91
22
,.
""II
10.
A Composite Development Plan (COP) shall be filed
with the Public Works and Planning and Buildinp
Services Departments prior to Final or Parcel Map
processi ng bv the Ci ty. The COP shall provide
additional survey and map information including.
but not limited to. building criteria (i.e.
setbacks), flood control criteria, seismic and
geological criteria. environmental criteria and
easements of record. The COP shall be labeled with
the title "Composite Development Plan". and contain
a section entitled "COP Notes" The applicant shall
have listed under the COP notes section the
following conditions or mitigating measures
required for the development of the subject
property: Conditions of Approval Nos. 1 through 27
and Standard Requirements Nos. 1 though Ill.
Within two years of this approval. the filing of
the final map or parcel lIap with the Council shall
have occurred or the approval shall becoae null and
void. Expiration of a tentative lIap shall
terminate all proceedings and no final map or
parcel map shall be filed without first processing
a new tentative lIap. The City Engineer aust accept
the final lIap or parcel lIap documents as adequate
for approval by Council prior to forwarding thell to
the City Clerk. The date the lIap shall be deelled
filed with the Council is the date on which the
City Clerk receives the lIap. The review authority
may. upon application filed 30 days prior to the
expiration date and for good cause. grant an
extension to the expiration date pursuant to
Section 19.66.170 of the Development Code and the
State Map Act.
Project:__________________________________________
Expiration Date:__________________________________
l
crn'CIII",1IIlIlMNlICI
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Pl.AN-8.Oll PAGE 1 OF , (4-00)
Page 6 of 7
r
CITY OF SAN BERNARDINO PLANNING
AND BUILDING SERVICES DEPARTMENT
CASE
CUP 91-26/VAR 91-16
DA 91-02
8
10-29-91
23
""l
CONDITIONS
AGENDA ITEM
HEARING DATE
PAGE
r
'l
CONDITIONS OF APPROVAL
11. Conversion of any of the four restaurants on Pads "A", "B",
"C", or "D" to a drive-through fast food restaurant shall
require the submittal of a Type II Development Permit.
Drive-through circulation, parking, and architectural design
shall comply with all applicable standards for drive-
throughs pursuant to Development Code Section
19.06.030(2)(H).
12. The placement of the 7,000 square foot retail buildlna on
Pad "E" conflicts with the Revised Structural Setback Line
as shown on Plate 1 of the Geologic Faulting Investigation
prepared for the site by Leighton and Associates. The
developer shall submit a Type II Development permit
addressing proper plarement of the building in relation to
the seismic setback line. The design Qf the building on Pad
"E" shall conform to all applicable Development Code
Standards concerning setbacks, design, landscaping, parking,
and circulation.
13.
Screening of all rooftop equipment shall comply
Commercial Design Guidelines pursuant to
G19.06.060(8) of the Development Code.
with the
Section
14. The Caltrans property immediately adjacent to Pads "A", "B",
"C", and "D" on the south shall be acquired prior to the
issuance of building permits. However, the developer shall
retain the option of filing a Type II Development Permit,
modifying the site plan of these pads in order to meet the
required setback along Highland Avenue.
15. The four acres of CalTrans property immediately adjacent to
the site shall be acquired prior to the issuance of building
permi ts for any structures on Pads "A", "8", "C", "D", and
"E". The developer retain the option of filing a Type II
Development Permit on these pads, decreasing the structure
sizes and increasing the landscaped areas to meet the 15
percent landscaping requirement for the center.
16. The developer shall obtain the necessary building permits
from the City for the demolition and removal of the single-
family structure located near the southwest corner of the
site. The permits shall be obtained and the structure
removed prior to the issuance of building permits for
construction of the shopping center.
""
CfTYOF"~
----
PLAN-S.09 PAGE 1 O~ 1
14-90\
,
..
CONDITIONS
AGENDA ITEM
HEARING DATE
PAGE
CASE CUP 91-26/ VAR 91-16
DA 91-02
R
10-29-91
24
CITY OF SAN BERNARDINO PLANNING
AND BUILDING SERVICES DEPARTMENT
,
17. No structures for human occupancy shall be built north of
the "Revised structural Setback Line". Said setback line is
described as follows: "A line connecting a point located 50
feet south of the northern end of Trench FT-1 and a point
located 35 feet south of the shear zone noted at ) + 25 feet
in Trench FT-2 (as shown on Plate 1 of the report), as
reviewed in the Field with the city Geologist, Dr. Floyd
Williams. The shear zone located in FT-2 was marked in the
field by a vertical metal fence pole located approximately
30 feet south of the existing fence line. The position of
the shear shall be surveyed so as to accurately locate the
setback line.
18. In the interest of safety, the exploratory fault trenches
were backfilled after they were examined and logged. The
potential for settlement of the fault trench backfill exists
at the site. Prior to construction, the trenches shall be
recxcavated, and recompacted under the supervision of a
geotechnical consultant, if not previously removed by depth
of proposed cut.
19. Seismic deSign shall be in accordance with the seismic code
provision for the City of San Bernardino and the latest
edition of the Uniform Building Code. The seismic
accelerations contained in the text of the geologic
evaluation (including the information contained in Appendix
D of the evaluation) of the site shall be incorporated into
the structural design of the building.
20. An evaluation of the potential for seismically induced
settlement shall be completed and submitted to the
Engineering Department and Building and Safety Division for
review and approval prior to the issuance of building
permits. The evaluation shall consider the seismicity
information presented in Appendix D of the geologic
evaluation report along with information obtained from a
site specific geotechnical evaluation. All recommendations
of the approved evaluation of seismically induced settlement
concerning grading and foundation design shall be complied
with.
21. Should any conditions be encountered during development that
appear in any way to be different from those described in
the geologic evaluation report completed by Leighton and
Associates, a qualified geologist shall be notified
concerning appropriate recommendations and mitioation prior
to proceding.
..
crrrCl'_~
~"tNIINQ."""Q!S
PlAN.8M PAGE' OF 1
\4-90)
l.
CITY OF SAN BERNARDINO PLANNING
AND BUILDING SERVICES DEPARTMENT
CASE
CUP 9l-26/VAR 91-16
DA 91-02
8
10-29-91
;L~
AGENDA ITEM
HEARING DATE
PAGE
CONDITIONS
,...
...,j
22.
~~
~ J .
24.
25.
"'"
The Highland Ditch shall be avoided by development, if
practicable, subject to review and approval of the Director
of Planning and Building Services with input from the on-
site archaeologist. The only exception to this requirement
is the extension of Piedmont Avenue which will bisect a
previously altered section of the Ditch.
Grading in the area of the former original residential
structures of the Noyes and Randall families and in the area
of the estimated location of the City Creek Ditch shall be
monitored by qualified archaeologists to recover artifacts
and further document the extent of subsurface remains not
visible in the surface survey.
The proposal shall include redesign and reconstruction of
the Highland Avenue at Boulder Avenue intersection to ensure
adequate lane configuration for handling interim and
ultimate traffic volumes at the intersection.
For Highland Avenue at Boulder Avenue and the new dedicated
street (Piedmont realignment), a conceptual signing/striping
plan shall be submitted and is subiect to the approval of
the City Traffic Engineer. The concepts shall show the
proposed interim and the ultimate lane configurations and
signage, including road width requirements.
PLAN.8m PAGE 1 OF 1 (4-90)
crn."._~
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...,j
Attacnment llDII
r
CITY
OF
SAN BERNARDINO
"
CASE .~ ",-'
9/- /Ie
STANDARD REQUIREMENTS
HEARING DATE ;".,) '1- ~'/
REVIEWED BY
I? it<
~
FIRE DEPARTMENT REQUIREMENTS
l.
2.
3.
G[:lERAL REQClREMENTS,
'j;.-(" Provide one extra set of construction plans to Building and Safety for Fire Department use at time of plan check.
. .x Contact Fire Deputment for specific or detailed requirements ~ IMPORTANT.
l;:k::[ The developer shall provide for adequate Fire Flow as computed by the Fire Prevention Bureau. Fire Flow shall be based
r 'on square footage, construction features and exposure information as supplied by the developer and may be taken from two
hydrants.
4 .
I]
[ J
;Jrl,
ACCESS,
I] Provide two different routes of ingress/egress to the property entrance. The routes shall be paved. all-weather.
r ] Provide an access roadway to each building for fire apparatl1s. Access roadway shall have an all-weather driving surface
of not less than 20-feet of unobstructed width.
Extend roadway to within ISO-feet of all portions of the exterior valls of all single-story buildings.
Extend roadwav to within 50-feet of the exterior walls of all mul\.iple-story buildings.
Provide "No PARKING" signs whenever parking of vehicles would possibly reduce the clearance of access roadways to less
than the required width. Signs are to read "FIRE LANE - NO PARKING" (All caps). "M.C. Sec. 15.16".
Dead-end streets shall not exceed SOO-feet in length and shall have a minimum 35-foot radius turnaround.
The names of any new streets (public or private) shall be submitted to the Fire Department for approval.
[ )
[ ]
SITE,
5.
6.
,3:f
All access roads and streets are to be constructed and usable prior to combustible construction.
Private fire hydrants shall be installed to protect each building located more than ISO-feet from the curb line. No fire hydrant
should be within..12:!eet of any exterior wall. The hydrants shall be Wet Barrel type, with one 2t-inch and one 4-inch outlet.
an,j approved by the Fire Department. Fire hydrants are to be protected from damage by providing suitable traffic barriers.
The area around the fire hydrant shall be designated as a "NO PARKING" zone by painting an a-inch wide, red stripe for IS-feet
in each direction in front of the hydrant in such a manner that it will not be blocked by parked vehicles. Suitable "NO
PARKING" signs are required.
Public fire hydrants shall be provided along streets at J,Wl.-feet intervals for commercial and multi-residential areas and at
500-feet intervals for residential areas. Installation shall conform to City specifications and be installed prior to combustible
construction or storage.
7 ,
9.
10.
ll.
12.
'11'
)><
BUILDING,
f X. The address of the structure, in six inch numerals, shall be installed on the building or in other approved location in such a
r" manner as to be visible from the frontage street. The color of the numbers shall contrast with color of the background.
(] Identify each gas and electric meter with the number of the unit which it services.
r J Fire extinguishers must be installed prior to the building being occupied. The minimum rating for any fire extinguisher IS
2A 10 B/C. :\1inimum distribution of fire extinguishers must be such that no interior part of the building is over 7S-feet travel
di~tance from a fire extinguisher.
~ All buildings. other than residential over 5,000 SQuare feet, shall be provided with an automatic fire sprinkler system, designed
to NFPA standards.
Submit plans for the fire protection system to the Fire Department prior to beginning construction on the system.
Tenant improvements in all sprinklered buildings are to be approved by the Fire Department prior to construction.
Provide an automatic fire alarm (required throughout). Plan must be approved by the Fire Department. prior to installation.
Fire Department connection to (sprinkler svstem/standpipe system) shall be required at curb line.
8.
---------------------------------------------------------------------------------------------------------------------
---------------------------------------------------------------------------------------------------------------------
NOTE: The applicant must request, in writing, any change in these or other requirements.
ADDITIONAL INFORMATION: (;j l/ (:/';~'7 C C...t. / C~ 7':
I\r.!'~"'r.{ ht,P?",'
. ;-/~'.,;() / At"- -~'"
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-- /','/ '.-:- ,''.J) 7/e"" ~ ..
(") /) ;?;;;J //_,
\' /-"',rC /;::'/ (
---"~"c/;
,..
..~i/-:' ; -' "{(';-
S.-c,/C-f(:(". h.'O
_/ .. /.
/y"r/' /{"/"7
/
C'F
FPS 170 7/89
,..
Submit plans prepared ~y a Jati.~.XW_XXlKil_iR.XX~,
Architect or Civil or Structural Enqineer.
Submit a complete lateral and structural analysis prepared ~y a
Reqistered Civil or Structural Enqineer or Architect.
Submit State of calitornia Title 24 Energy calculation Forms
tor r-wY~.~al~xx non-residential ~uildinqs
includinq a siqned compliance statement.
16. Submit calculations and structural dravinqs, prepared ~y a
Reqistered Civil Structural Enqineer or Architect, tor the
followinq items:
.'
to..
~
13.
14.
15.
17.
18.
19.
20.
21
22.
...
....-
CITY OF SAN BERNARDINO PLANNING
AND BUilDING SERVICES OEPARTMENT
CASE CUP 91-26/VAR 91-16
DA 91-U2
. ' :3ENDA /'TEM
HEARING DATE
PAGE
R
10-29-91
27
STANDARD REQUIREMENTS
....
JJlD e1"
"""I
Submit floor plan ot existinq structure.
existinq materials ot construction.
Label all u.e. and
Submit four (4) complete sets ot construction plans includinq:
a. Copy of conditions.
~. Soils iKCl1~li-X:l!~~~~nH report.
c. Energy Calculations.
d. Structural calculation.
I
Submit a preliJainary (soils) (qeoloqy) ~xad:XlJWIJ{Jc~ri~'
~~p~~x~ report prepared ~ a person licensed to
do so.
Submit a sinqle line dravinq ot the electrical service. Show
all equipment, conduit and wire sizes and types. Show the
.ervice qround size and qrouncUnq electrode.
Submit panel .chedule(s) and electrical plans.
Permit required tor demolition ot existinq ~uildinq(a) on aite.
Submit a plan of the beatinq, ventilatinq or air conditioninq
.yst_. (Clearly identity the location anc1 ratinq of the
equipaent and the size. .. ..terial of all ducts, reqisters and
the location of all fire daapers). Show -.ana of providinq
..chanical ventilation as required ~ the 1982 Uniform Buildinq
COde.
01.--.10 _I~' _
~
r'
. CITY OF SAN BERNARDINO PLANNING
AND BUILDING SERVICES DEPARTMENT
CASE
.,
CUP 91-26/VAR 91-16
DA 91-02
8
10-29-91
28
STANDARD REQUIREMENTS
Ar.ENDA ITEM
Ht:ARING DATE
PAGE
.....
....
23. Submit qa. pipe load., .izinq calculations and i.oaetrica.
24. Provid. a plot plan .hovinq th. location of th. propo.ed ..ver
.y.t_.
Submit a letter cl.arly indicatinq the intend.d
ar.a. of the buildinq. Li.t the ..terial. to be
proj.ct. produced qivinq the amount of .ach
buildinq. If the buildinq i. used for more than
li.t all other uses.
25.
26.
27.
28.
29.
30.
of all
and the
in the
purpose,
u..
used
k.pt
one
Submit isometric plans of the cold and hot vater and drain
vaste and vent systems.
Shov compliance vith Title 24 for
in the
all restrooms, ramps, & access
the physically handicapped
follovinq:
to all buildings
Submit plans approved by the County Health Department.
Indicate methods of
(exterior, interior
ceilinq) as per study,
compliance
party valls,
U.B.C., local
for sound att.nuation
floor/ceilinq a..embly,
or State Lav.
Shov compliance vith requir_ents of hiqh fir. ar.as.
Por structure. located vi thin hiqh vind areas:
a. De.iqn .tructure, includinq roof cov.rinq, usinq 110
MPH vind load.
City of San Bernardino n...d a. certificate holder tor
Worker'. Coapenaation Insuranc..
As....or'. Parcel Number.
1199-311-06 to 11
31. Contractor'. City licens..
32. Contractor'. State licen...
33. Sever capacity rlqhts froa Water Department, 384-5093, .eil
Thcmaen.
...
z:.:: -
.
...
~. ,...0111 ...
. r.
CITY OF SAN BERNARDINO PLANNING
AND BUILDING SERVICES DEPARTMENT
STANDARD REQUIREMENTS
CASE rTTP Ql-?f\/V'A'R Ql-1fi
. DA 91-02
~~ lO-Z9-B1
PAGE 29
.....
lo.
.....
34
School t... tro. Unitied Scbool Dt.trict, 381-1179.
35.
~:~~t Building & Safety for possible expeditious plan check
36.
DEPOSIT:
Bldg
#1 $9,200 Plan check dep.
#2 ~1,500
#3 $3,300
#4 $2,700
#5 $1,850
#6 $ 2,750
Post Expansion
is at current pIn ck cost, but subject to change in the
future.
#7 $2,060
#8 $1,250
#9 Future restaurant pIn ck dep. each
at $1,000 also submit to change
37 Project shall meet all requirements of the Development
Code.
z:.=-
...
-... _.CII'I _
"P# "" S 8 '1" - 5 C. '7 ~
DRC/ERC
DATE .s-;/~ .'9/
CASE ~"I' 51/-.&~
POLICE DEPT
CITY OF SAN BERNARDINO,
STANDARD REQUIREMENTS
FOR COMMERCIAL/INDUSTRIAL DEVELOPMENTS
38.
,/
SECURITY LIGHTING:
39.
/
40.
/'
41.
/
42.
/
43.
/
14.
/
Lighting levels on the exterior of the bUilding are to pro-
vide a minimum of one foot candle of minimum maintained il-
lumination. evenly distributed, on the ground level from
dusk until the termination of business each operating day.
All exterior doors to buildings shall be equipped with an
illumination device capable of providing a minimum of one
foot candle of maintained illuminated at ground level during
hours of darkness. (/ZE~1'l.- <9'::: &/~,.),_~ o,..-G/)
Aisles, passageways, and recesses related to and within the
project complex shall be illuminated with an intensity of a~..
least .25 foot candles at the ground level during the hours ,.
of darkness.
Open parking lots and carports shall be provided with a
minimum maintained one foot candle of light evenly distrib-
uted on the parking surface during the hours of darkness.
-;:;,$ '''<!~...,.-. 1trrtiZ.. ~r... -, '- ,-:;1,:1,';;'$ .
All exterior lighting devices are to be inaccessible to
common reach or climbing and shall be protected by weather
and vandalism resistant covers. All exterior lighting shall
be projected so as to not cast light onto adjoining prop-
erties.
Interior night lighting shall be maintained in those areas
that are visible from the street (ground floor only).
There shall be a minimum of 20 foot candles of illumination
per square foot of surface area adjacent to gas pumps.
Parking lot poles will be shake proof so that lights cannot
be damaged by shaking the pole.
Light fixtures shall be positioned in such a manner so that
"stray" light does not affect adjoining property owners.
Interior night lighting shall be maintained in those areas
that are visible from the street (ground floor only).
15.
DOORS, LOCKS, AND WINDOWS:
J
Swinging exterior glass doors, wood or metal doors with
glass panels, solid wood or metal doors shall be constructed
or protected as follows:
Al Wood doors shall be of solid core construction with a
minimum thickness of I 3/4".
DRC/ERC
DATE
CASE
CITY OF SAN BERNARDINO'
STANDARD REQUIREMENTS
46.
/
47.
J
POLICE DEPT
Bl Hollow metal doors shall be constructed a minimum
equivalent to sixteen U.S. gauge steel and have suf-
ficient reinforcement to maintain the designed thick-
ness of the door when any locking device is installed
such as reinforcement being able to restrict collapsing
of the door around the locking device.
Cl The above doors shall contain a 190 degree view angle
door viewer.
Except when double cylinder deadbolts are utilized, any
glass utilized within 40" of any door locking mechanism
shall consist of laminated glass, tempered glass, wired
glass or plastics.
All swinging exterior wood and steel doors shall be equipped..
as follows: ......
Al A single or double door shall be equipped with a double
or single deadbolt. The bolt shall have a minimum pro-
jection of 1" and be constructed so as to repel cutting
tool attack. No double cylinder deadbolt locks shall
be installed on the front door.
BI The deadbolt shall have an embedment of at least 1"
into the strike receiving the projected bolt. The
cylinder shall have a cylinder guard, a minimum of five
pin tumblers, and shall be connected to the inner por-
tion of the lock by connecting screws of at least 1/4"
in diameter. The recommendation does not apply when
panic hardware is required or an equivalent device is
approved by the Building Code.
CI The strike plate shall be a minimum of 3" in height and
shall be secured to the jamb with a minimum of four
2-1/2" screws.
Double doors shall be equipped as follows:
Al The active leaf of double doors shall be equipped with
metal flush bolts having a minimum embedment of 5/8"
into the head and threshold of the door frame. Double
doors shall have an astragal constructed of steel, a
minimum of .125" thick, which will cover the opening
between the doors. This astragal shall be a minimum
of 2" wide and extended a minimum of 1" beyond the edge
of the door to which it is attached. The astragal
shall be attached to the outside of the active door by
means of welding or with nonremovable bolts spaced
apart on not more than 10" centers.
DRC/ERC
DATE
CASE
C:I:TY OF SAN BERNARD:I:NO'
STANDARD REQU:I:REHENTS
48.
49.
-/-
/
50.
('
51.
.;
POL:I:CE DEPT
A~ exterior hinged doors are to open/swing outward.
(IZ~PiL ~~- 8.., L(),_ to 0"" (7')
Hinges for out-swinging doors shall be equipped with non-
removeable hinge pins or a mechanical inner lock to preclude
removal of the door from the exterior by removing the hinge
pins.
Windows
Al All moveable windows shall be equipped with a locking
device and shall be constructed in a fashion to re
strict them from being lifted out of their tracks when
in the closed position.
Bl
All moveable windows shall also be equipped with an
auxiliary locking device which prevents the window
froa being slid open (either vertically or horizon-
tally) open while in the closed position.
."
Garage type doors: (rolling overhead, solid overhead,
swinging, sliding, or accordion style)
A) The above described doors shall conform to the follow-
ing standards:
1. Wood doors shall have panels a minimum of 5/16"
in thickness with the locking hardware being at-
tached to the support framing.
2. Aluminum doors shall be a minimum thickness of
.0215" and rivet together a minimum of 18" on cen-
ter along the outside seams. There shall be a
full width horizontal beam attached to the main
door structure which shall meet the pilot or
pedestrian access door framing within 3" of the
strike area of the pilot or pedestrian access
door.
3. Fiberglass doors shall have panels a minimum den-
sity of 6 ounces per square foot from the bottom
of the door to a height of 7' and panels in
residential structures shall have a density of not
less than 5 ounces per square foot.
B) Where sliding or accordion doors are utilized, they
shall be equipped with guide tracks which shall be de-
signed so that the door cannot be removed from the
track when in the closed and locked position.
C) Doors that exceed 16' in width shall have 2 lock
receiving points; or, if the door does not exceed 19',
DRC/ERC
DATE
CASE
CITY OF SAN BERNARDINO,
STANDARD REQUIREMENTS
52.
/
POLICE DEPT
a single bolt may be used if placed in the center of
the door with the locking point located either in the
floor or in the door frame header.
0) Overhead doors shall be equipped with slide bolts which
shall be capable of utilizing padlocks with a minimum
9/32" shackle.
1. Slide bolt assemblies shall have a frame a minimum
of .120" in thickness, a bolt diameter a minimum
of 1/2", and protrude at least 1 1/2" into the re-
ceiving guide. A bolt diameter of 3/8" may be
used in a residential bUilding.
2 .
Slide bolt assemblies shall be attached to the
door with bolts which are nonremovable from the
exterior. Rivets shall not be used to attach
such assemblies.
~'
E) Padlocks used with exterior mounted slide bolts shall
have a hardened steel shackle a minimum of 9/32" in
diameter with heel and toe locking and a minimum 5 pin
tumbler operation. The key shall be nonremovable when
in an unlocked operation.
F) Doors utilizing a cylinder lock shall have a minimum of
five pin tumbler operation with the bolt or locking
bar extending into the receiving guide a minimum of I".
Common walls shall be as sound proof as possible.
All roof openings giving access to the bUilding shall be
secured with either iron bars, metal gates, stamped metal or
shall be alarmed and meet with the approval of the police
department.
53.
/
ADDRESS NUMBERS
54.
/
35.
/
Roof top address numbers shall be provided. They shall be a
minimum of 3' in length and 2' in width and of contrasting
color to the background. Numbers shall be placed parallel
to the street address as assigned.
The project shall display street address numbers placed
in a prominent position as near the street as practical.
Numbers shall be a minimum of 6" in height and of a
contrasting color to the background.
All individual units shall be clearly identified by numbers,
letters, or a combination thereof. These numbers and
DRC/ERC
DATE
CASE
CXTY OF SAN BERNARDXNO,
STANDARD REQUXREHENTS
56.
/
POLXCE DEPT
letters shall be a minimum of 6" in height and of a contras-
ting color to the background.
All numbering of units shall be in a sequential. logical
order.
ACCESS CONTROLS:
37.
/
)8.
/
An access control override device shall be provided for use
by police department personnel to gain immediate access.
Perimeter fencing or cross fencing shall be installed to
prevent criminal movement or activity.
The exterior business walls shall be posted with Municipal
Code Section 9.52.070 relative to trespassing. ~
The placement of outside public telephones shall be re~
stricted to an area immediately adjacent to the front of the
store.
RETAIL/CONVENIENCE STORES
-9.
/
o. .-L
Lockable cold beverage (beer) cases shall be locked at
2:00 a.m.
No alcoholic beverages shall be displayed or stored in the
front 2/3 of the customer area.
Ice machines shall not be installed in front of store win-
dows.
The interior cashier/sales counter shall be located so it
is visible fro. the building exterior. Tk8 fl~u. a.~a
t'nsi4. tk_ """"UluLll:'l 01.411 Be el.uat.ed & minimttm sf i" ab"'H~
\.-In: 11041 If +"'- ~\lBiR..8.
Windows and counter/cash register area will not contain dis-
plays/advertisements that block the visibility of the
cashier from the outside of the store.
A photo-electric beam across the entry door shall be
installed to audibly notify or ring when customers enter the
store.
Utilization of outside intercom speakers is prohibited.
CITY OF SAN BERNARDINO
DRC/ERC
DATE
CASE
STANDARD REQUIREMENTS
POLICE DEPT
61.
ALARM
/
SYSTEMS
If the units are alarmed or wired for an alarm system, the
buyer is to be notif'~d to contact the Police Department for
an alarm permit.
OTHER REQUIREMENTS
The placement of machinery (compressor equipment) shall be
away from residential areas to abate the intensity of noise.
....'
CXTY OF SAN BERNARDXNO
DRC/ERC
DATE
CASE
STANDARD REQUIREMENTS
POLICE DEPT
ADDITIONAL REQUIREMENTS:
62. V Pee... ~/lL-.Jt:..
<:;.p~(~ S,d.o,h ,g; J/SI/3~';
--,
/- /.< ----
-
/~ /"":-;.........::, o.L- If_ 4r .Lhs: 7""
()#C"
Z~"".4>" ---~-
....
7,c,
;;?c r.
E't:~ /Z.
...
tPr
/k/.Lv,.... t.; SI""""tL. nx,,-u t)/~~/~rJ.s6 .AhPI1.....- S
,
/- j;)~~ -e.. ..
......
r
'\.
CITY OF SAN BERNARDINO PUBUC WORKS/ENQR.
CASE CUP 91-26
STANDARD REQUIREMENTS
AGENDA ITEM 8
HEARING DATE lO-H-Q1
PAGE
NOTE TO APPLICANT: Where separate Engineering plans are required. the
applicant is responsible for submitting the Engineering plans directly
to the Engineering Division. They may be submitted prior to submittal
of Building Plans.
Drainage and Flood Control
All necessary drainage and flood control measures shall be
subject to requirements of the City Engineer, which may be based
in part on the recommendations of the San Bernardino Flood
Control Di stri ct. The developer's Engi neer shall furni sh all
necessary data relating to drainage and flood control.
A local drainage study will be required for the project. Any
drainage improvements. structures or storm drains needed to miti-
gate downstream impacts or protect the development shall be
desi gned and constructed at the developer's expense. and ri ght-
of-way dedicated as necessary.
All drainage from the development shall be directed to an
approved pUblic drainage facility. If not feasible. proper drain
age facilities and easements shall be provided to the satisfac-
tion of the City Engineer.
Applicant shall mitigate on-site storm water discharge suffi-
ciently to maintain compliance with the City's NPDES Storm Water
Discharge Permit requirements.
Erosion Control
,3.
4.
5.
6.
\..
x
The development is located within Zone A on the Federal Insurance
Rate Maps; therefore. a Special Flood Hazard Area Permit issued
by the City Engineer shall be required.
The development is located within Zone B on the Federal Insurance
Rate Maps; therefore, all building pads shall be raised above the
surrounding area as approved by the City Engineer.
Comprehensive storm drain Project No. is master planned in
the vicinity of your development. IhlS drain shall be designed
and constructed by your project unless your Engineer can conclu-
sively show that the drain is not needed to protect your develop-
ment or mitigate downstream impacts.
x
x
x
An Erosi on Control Pl an shall be approved by the Ci ty Engi neer
prior to grading plan approval. The plan shall be designed to
control erosion due to water and wind. including blowing dust.
during all phases of construction. including graded areas which
are not proposed to be immediately built upon.
~
CITY OF SAN BERNARDINO PUB'.IC WORKS/ENQII.
CASE CUP 91-26
STANDARD REQUIREMENTS
AGENDA ITEM
HEARING DATE
PAGE
8
10-29-91
.R
Gradin9
67.
x
68.
x
69.
x
70.
x
71.
x
72.
x
If more than l' of fill or 2' of cut is proposed. the site/plott
9rading and drainage plan shall be signed by a Registered Civil
Engi neer and a gradi ng permi t wi 11 be requi red. The gradi ng
pl an shall be prepared in stri ct accordance wi th the Ci ty' s
"Grading Policies and Procedures" and the City's "Standard
Drawings", unless otherwise approved by the City Engineer in
advance.
I f more than
gradi ng bond
supervised in
Building Code.
5,000 cubi c yards of earthwork is proposed. a
will be required and the grading shall be
accordance wi th Secti on 7012 (c) of the Uni form
A liquefaction report is required for the site. This report
must be submi tted and approved pri or to issuance of a gradi ng
permit. Any grading requirements recommended by the approved
liquefaction report shall be incorporated in the grading plan.
An on-site Improvement Plan is required for this project. Where
feasible, this plan shall be incorporated with the grading plan
and shall conform to all requirements of Section 15.04-167 of
t~e Municipal Code (See "Grading Policies and Procedures"). The
on-site Improvement Plan shall be approved by the City Engineer.
A reciprocal easement shall be recorded prior to grading plan
approval if reciprocal drainage. access, sewer, and/or parking
is proposed to cross lot lines. or a lot line adjustment shall
be recorded to remove the interior lot lines.
The project Landscape Plan shall be reviewed and approved by the
City Engineer prior to issuance of a grading permit. Submit 4
copies to the Engineering Division for checking.
An on-site Lighting Plan for the project shall be reviewed and
approved by the City Engineer. This plan can be incorporated
with the grading plan. or on-site improvement plan, if
practi cal.
A Landscape Maintenance District shall be implemented to
maintain landscaping within the following areas:
Separate sets of Landscape Plans shall be provided for the
Landscape Maintenance District.
CITY OF SAN BERNARDINO PUBLIC WORKS/ENQfI.
CASE rllo a1_?~
STANDARD REQUIREMENTS
AGENDA ITEM
HEARING DATE
PAGE
8
10-29-91
3'l
r
Utilities
x
Design and construct all publ ic uti 1 ities to serve the site in
accordance with City code, City Standard and requirements of the
serving utility, including gas, electric, telephone, water, sewer
and cable TV.
73.
74.
75.
76.
77 .
78.
79.
80.
x
Each parcel shall be provided with separate water and sewer faci-
1 i ti es so it can be served by the Ci ty or the agency provi di ng
such services in the area.
x
Sewer main extensions required to serve the site shall be con-
structed at the Developer's expense. Sewer systems shall be
designed and constructed in accordance with the City's "Sewer
Policy and Procedures" and City Standard Drawings.
Utility services shall be placed underground and easements pro-
vided as required.
x
x
All existing overhead utilities adjacent to or traversing the
site on either side of the street shall be undergrounded in accor
dance with Section 19.20.030 (non-subdivisions) or 19.30.110
(subdivisions) of the Development Code.
x
x
Existing utilities
relocated at the
Engineer.
Sewers within private streets or private parking lots will not be
maintained by the City but shall be designed and constructed to
Ci ty Standards and inspected under a Ci ty On-Si te Constructi on
Permit. A private sewer plan designed by the Developer's Engin-
eer and approved by the Ci ty Engi neer wi 11 be requi red. Thi s
plan can be incorporated in the grading plan, where practical.
which interfere with new construction shall be
Developer's expense as di rected by the Ci ty
x
A "communication Conduit" shall be installed in all streets with-
in and adjacent to this project. The conduit shall be dedicated
to the City and its primary use shall be for Cable TV installed
by the Cable TV Company under permit from the City of San Bernar-
dino.
r
CITY OF SAN BERNARDINO PUBLIC WORKI/INQIl
CASE CUP 91-26 -
STANDARD REQUIREMENTS
AGENDA ITEM 8
HEARING DATE 10-29-91
PAGE 40
Street Improvement and Dedications:
81. X All public streets within and adjacent to ~he development shall be
-improved to include combination curb and gutter, paving, handicap
ramps, street lights, sidewalks and appurtenances, including, but
not limited to, traffic signals, traffic signal modification,
relocation of public or private facilities which interfere with
new construction, striping, signing, pavement marking and markers,
and street name signing. All design and construction shall be
accomplished in accordance with the City of San Bernardino "Street
Improvement Policy" and City "Standard Drawings", unless otherwise
approved by the City Engineer. Street lighting, when required,
shall be designed and constructed in accordance with the City's
"Street Lighting Policies and Procedures". Street lighting shall
be shown on street improvement plans except where otherwise
approved by the City Engineer.
82 -x--For the streets listed below, dedication of adequate street
right-of-way (R.W.) to provide the distance.from street centerline
to property line and placement of the curb line (C.L.) in relation
to the street centerline shall be as follows:
Street Name Right-of-Way (Ft. ) Curb Li ne (Ft. )
Highland Avenue 55' 43'
Piedmont Drive 25' 18'
83 X Piedmont Drive right-of-way sha 11 be 60' wide through the
reversing curve North of Highland.
84
X
Improve Piedmont Drive ful width from Highland Avenue to existing
Piedmont Drive, including pavement, curb & gutter on both sides,
street lights on both sides, sidewalk on East side only, striping t,'
and pavement markings, unless otherwise approved by the City r
Engineer.
85 X Install traffic signals at the intersections of Piedmont Drive and
Highland Avenue, and at the ultimate location of the Highland/
Boulder intersection.
86 X Highway 330 East of Boulder shall be realigned to match the
ultimate location of the Highland/Boulder intersection.
87 X A permit from Caltrans will be required for all work in Highland
Avenue and Highway 330.
\..
CITY OF SAN BERNARDINO PUBlIC WORKI/1NQJl
CASE rllo Q1_?;'
ST ANDARO REQUIREMENTS
AGENDA ITEM 8
HEARING DA!~ 1 n-?Q_cn
FlAGe. 41
r
88.
~If the project is to be developed in phases, each individual phase
shall be designed to provide maximum public safety, conven- ience
for public service vehicles, and proper traffic circulation. In
order to meet this requirement, the following will be required
prior to the finalization of any phase:
a.
Comp1 eti on of the improvement
sufficient plans beyond the
feasibility of the design to
Engineer.
p1 ans for the total
phase boundary to
the sati sfacti on
project or
verify the
of the City
b. A Plan shall be submitted for review and approval by the
Engineering Division, Fire, and Planning Departments indica-
ti ng what improvements wi 11 be constructed with the given
phase, subject to the following:
(1) Dead-end streets shall be provided with a minimum 32-foot
radius paved turnaround area,
(2) Half width streets shall be provided with a minimum
28-foot paved width,
(3) Street improvements beyond the phase boundaries, as
necessary to provide secondary access,
(4 )
Drainage facilities, such as storm drains,
earth berms, and block walls, as necessary,
the development from off-site flows,
channel s,
to protect
( 5)
A properly designed water
required fire flow, perhaps
the phase boundaries,
system capable of providing
looping or extending beyond
(6) Easements for any of the above and the installation of
necessary uti 1 i ti es, and
(7) Phase boundari es sha 11 correspond to the lot 1 i nes shown
on the approved tentative map.
CITY OF SAN BERNARDINO PUBlIC WORKS/1NQJl
CASE CUP 91-26
STANDARD REOlIREMENTS
AGENDA ITEM
HEARING DATE
PAGE
8
10-29-91
-42
r
Required Engineering Permits:
89.
90.
91.
x
X
Grading permit (if applicable.).
On-site improvements construction permit (except bUildings _ see
Planning and 8uilding Services), includes landscaping.
X
Off-site improvements construction permit.
~licable En~ineering Fees (Fees Subject to change without notice)
Plan check fee for Final/Parcel Map - $1,000.00 plus $30.00 per
lot or parcel.
92.
93.
94.
95.
96.
7.
X
x
Plan check and inspection fees for off-site improvements _ 3% and
2.5%, respectively, of the estimated construction cost* of
off-site improvements.
X
Plan check and inspection fees for on-site improvements (except
buildings - See Planning and 8Uilding Services) _ U and U,
respectively, of the estimated construction cost* of on-site
improvements, including landscaping.
Plan check and inspection fees for grading (if permit required) _
Fee Schedule available from the Engineering Division.
X
X
Drainage fee in the amount of
$138.476.00 (Approx)
X Traffic system fee in the estimated amount of $246,530.00
Exact amount shall be determined by the City Trafflc Englneer at
time of application for Building Permit.
Sewer connection fee in the amount.of (East Valley Water Dist)
*Estimated construction cost is based on schedule of unit prices on
file with the City Engineer.
, J
CITY OF SAN BERNARDINO PUBL~C WORKS/ENQR.
CASE rllP Ql-~n
STANDARD REQUIREMENTS
AGENDA ITEM
HEARING DATE
PAGE
8
10-29-91
43
98
99
10
10
10 X
10 X
10 X
10
X
ADDITIONAL REQUIREMENTS
X
If this project is approved after December I, 1991, it may be
subject to requirements of the State mandated Congestion
Management Program (CMP). Under the CMP, new prOjects which are
heavy traffic generators will be required to prepare a Traffic
Impact Analysis (TIA) addressing impacts from the site, and
requiring mitigations. Threshold levels at which projects will
be required to prepare a TIA have not been finalized. Status
information and details of the CMP can be obtained from the City
Traffic Engineer at 384-5213.
X
Off-site dedication for Piedmont Drive shall be obtained at
Developer's expense prior to issuance of grading permit.
An interim and final striping plan shall be required for Highland
Avenue. A final striping plan ~1l be required for Piedmont
Drive.
X
X
Additional widening may be
intersections and driveways
additional widenings shall
approved by the City Engineer
required along Highland Avenue at
to accommodate turn 1 anes. Such
be designed and constructed as
and Caltrans.
A storm drain is proposed to be constructed in Highland Avenue to
serve as an outlet for drainage from this project. If the storm
drain is not completed prior to issuance of a grading permit,
then detention basins shall be constructed in accordance with the
City's Storm Drain Design Policy, if so directed by the City
Engineer or Caltrans.
A dedicated cul-de-sac street shall be constructed at the main
entry Northerly of the Highland Avenue/Boulder intersection, if
so directed by the City Engineer. The length, width and design
of the cul-de-sac shall be as approved by the City Engineer.
A raised median shall be constructed in Highland Avenue from Piedmont Drive
(realinged) to Boulder Avenue. Design shall be as approved by the City
Engineer and Caltrans. The median shall be landscaped and irrigated in accord-
ance with requirements of the Department of Parks and Recreation.
Sidewalk per Ci ty S td. No. 202, Case "A" shall be cons truc ted on
the north side of Highland Avenue unless otherwise approved by
the City Engineer
San Bernardino City Water Department
, ,f,)
\ j L. .
~ /
STANDARD REQUIREMENTS
Review of Plans: #
CUP 91-26
Date:
Approved:
Denied:
Continued:
Location: No. side of Hi~hland Av.. East of Denair Ave.
Type of Construction: To canst. a multi-tenant ShoDDin~ Center
Owner/Developer:
106
ENGINEERING:
~.S.1.
Name:
C:::;h i(\~ r ,:"'Yr\ D1J.J sk i
Date: t::) - / '-I - '1 1_
_ Size of Main Adjacent to the Project
Pressure Regulator Required on Customer's e Meter.
Off-site Water Facilities Requir eet Peak Flow Demand.
Comments:
Subject to the Rules & Regulations of the Water Department in effect at the time of Application for Water Service.
107 f"""This Area is Serviced by East Valley Water District and All Fees/Conditions will be Determined by their
Engineering Department.
108
."-- !12
WATER QUALITY CONTROL DEPARTMENT: Name: ),-lf1l. c '7v'f
,
Z R.P.P. Backflow Device Required at Service Connection. fD) rn @ rn IT W rn m
1= Double Check Backflow Device Required at Service Connection. lJl) ~
Air Gap Required at Service Connection. MAY 1 5 1991
No Backflow Device Required.
Date:
5"-)1(/ /if
111
ENVIRONMENTAL CONTROL OFFICER: NameG/~""~
~ Industrial Waste Permit Required by Environmental Control Officer.
~rease Trap Required by Environmental Control Officer.
= Pre-treatment Required by Environmental Control Officer.
K.,No Regenerative Water Softeners May be Installed Without Prior Approval.
= Approved by Environmental Control Officer.
CITY OF SAN 8E",.,""DINO
DEP""TMENT O!~NNING .
~~Q!NG 5l,!JVIl;!S7 - ''LJ
109
110
SEWER CAPACITY INFORMATION:
Name:
^ lei' I
, -
JhDM"'~
,
Date:
,15'"1' .!. jq I
112
}i':
No Sewer Capacity Fee Applicable at This Time.
Sewer Capacity Fee Must Be Paid to the City Water Department for the Amount of JO, 737 Gallons Per
Day. Equivalent Dwelling Units: -'3~ . ::1.
Subject to Recaiculation of Fee Prior to the Issuance of Building Permit.
Proof of Payment Must be Submitted tothe Building & Safety Department Priorto Issuance of the Building Permit.
113
114
)(
'jl:
Breakdown of Estimated Gallons Per Day:
3/0..;2.i.3 .:st', (r-c.fr,;,) x. . O,~ :
- ,
.4 ~~+tfJ.u..",.+r ~<.-f'd Ln ,'1':+"&1 /Ws.-I) ~<ID y IE ::::
7;137 'r" /~
3,lx:v ~, day
/b; 7!.7 'r/,:. '!..~
WATFl.3.04 CUHR., ~R"","C"R"CE;
#21613901
LOT LINE ADJUSTMENT
CONDITIONS OF APPROVAL
EXHIBIT "C"
CITY OF SAN BERNARDINO PLANNING
AND BUILDING SERVICES DEPARTMENT
CASE
PM 13892
4
10-8-91
11
AGENDA ITEM
HEARING DATE
PAGE
CONDITIONS
r
1.
The r e '" I e \0." aut h 0 r 1 t \. m a". U ['l f\ n a r ['I I I ~ at 1 () n bel n?
filed 10 days prior to the .xPlratlon date and for
good cause. grant one time extensIon not to exceed
12 month~. The r@Vlew authorltv ~hal I ensure that
the pro.lert compIles wIth all curr~nt De\'elopment
Code prO\"lSlons.
2 .
In the event that this approval IS legal Iv
c h a I I en g e d . the C I t \. will pro m p t I y not I f v the
applIcant of an'" claIm or action and ~ill cooperat~
fullv In the defen~e of the matter. Once notified.
the appl Irant agrees to defend. indemnify. and hold
harmless the CltV. Its officers. agents and
employees from anv claim. actIon or proceeding
against the City of San BernardIno. The applicant
further agrees to reimburse the Cltv of any costs
and attorneys' fees which the Cltv may be required
by' a co u r t top a" a s are suI t 0 f s u c hac t ion. but
such partIcIPation shall not relie\'e applicant of
hiS or her obligation under this condition.
3 .
~o vacant. relocated. altered. reDalred or
hereafter erected structure shall be occupIed Gr no
change of use of land or structurel s I "haJ I hp
inaUiurated. or no ne~ bU81n~ss commenced ns
authorized bv this permit unti I a rertiflcate nf
Occupancy' has been issued b\' t he Department. .~
temporary Certificate of Occupancy may he issued hv
the Department subject to the conditions Imposed on
the use. provided that a depOSIt IS fi led with the
Department of Public .orks prior to the Issuance of
the Certificate of Occupancy. The deDoslt or
securit'. shall guarantee the faithful performanc~
and completion of all terms. conditIons and
performance standards imposed on the intended use
bv this oermit.
"-
Prior to the issuance of a Certificate of
OccupanC\'. the landowner shall file a maintenance
allreement or covenant and easement to enter and
maintain. subject to the approval of the City
Attorney. The agreement or covenant and easement
to enter and maintain shall ensure that if the
landowner. or subsequent owner{s). fails to
maintain the required/installed site Improv~ments.
the Citv will be able to file an aPDrnDrlate
Ii en( s) aga; nst the propert\' in order to accomD II sh
the required maintenance. ~
-"ao...~
---
~
P\.,AIlP.IJJI PIGE 1 01= 1 ("-401
,
CITY OF SAN BERNARDINO PLANNING
AND BUILDING SERVICES DEPARTMENT
CASE
PM 13892
."
..
CONDITIONS
AGENDA ITEM
HEARING DATE
PAGE
4
lO-8-91
12
r'
4 .
The d~\'eJoper is to suhmit a complete m~st~r
landscape and IrrIgatIon plan (::, cO[lies1 fOf th~
entire development to the Publ ie .orks Department
""lth the required f,=e for re\.le.... Th,= landsc;:lflP
plans ...llI be for...arded to the rark~. Recreation.
and rommunlt\' St-r\'ices and th,= ~lannlng Dl\'isi0n
for r e" J e ,.. . ( ~ 0 t e: The 1 s sua n ceo f a b u i I d 1 n g
development Permit h,' the DeoartmAnt of Planning
and Building Sen'lces does not ...aive this
requirement,) >;0 grading permit's) "ill be is:;:ued
prior to approval of landscape plans. The
landscape and irrillation plans shall comph' "ith
the "Procedure and Polic\' for Landscape and
Irrigation" 'available from the Park:;: Deoartment '.
and compl\' ~ith all applicable provisions of
Chapter 19,28 (Landscaping Standards) of the
Development Code effective on the date of approval
of this permit. Trees are to be Inspectect bv a
representative of the Parks Department prior to
planting.
(The following provision is applicable to single
familv homes.) Trees, shrubs and ground cover of a
type and quality generally consistent or compatible
~ith that characterizinf single familv homes shall
be provided in the front yard and that portion of
the side yards which are "isible from the street,
All landscaped areas must be prOVided "Ith an
automatic irrigation gvstem ad~Quate to Insure
their viabilit\', The Idndscape and Irrigation
plans shall be re,'ie~ed as outlinect abo"e.
"" ~ _ .-....0
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Pl,AH-I.DI PAGE 1 OF 1 l....eo!
P J.:e ? ,...,.
r
CITY OF SAN BERNARDINO PLANNING
AND BUILDING SERVICES DEPARTMENT
CASE
PM 13892
""I
CONDITIONS
AGENDA ITEM
HEARING DATE
PAGE
4
10-8-91
13
5.
This permit (,~.
condlt10ns or
Departments or
tj,I,[,rr,\';.1 !3 ~UhJfoct
fE-Qulremf:onlS of the
D i \" 1 :: Ion s :
tot h fo ;.< t t .3 " t! Q. rl
fOllo"lny Cd"
Fire D.,~.artm.,nt
Parks.
Ser,' ices
Recre.:tt i0n
Department
&
rr,mmunlt,-
Building
Planning
Department
Ser,"ices Division
and Building
of t hp
Ser\'icps
Police Department
Public Services (Refuse! Department
x
Public .orks
Deoartment
( En y in.,., r in y ,
'ater Department
Cl'ftCl'_~
---
PL.AHol.Q9 PAGE I 01: 1
,...."
CITY OF SAN BERNARDINO PLANNING
AND BUILDING SERVICES DEPARTMENT
CASE
PM 13892
"'"
CONDITIONS
AGENDA ITEM
HEARING DATE
PAGE
4
10-8-91
14
....
~
""l
6 .
This permit or approval IS subject to all the
applicable provisions of the Development Code In
effect at the time of approval. This includes
Chapter 19.20 - Property Development Standards. and
includes: dust and dirt control during construction
and grading activities; emission control of fumes.
vapors. gases and other forms of air pOllution;
glare control; exterior I1ghting deSign and
control: noise control j odor control; screeningj
signs. off-street parking and off-street loading;
and. Vibration control. Screening and sign
regulations compliance are important considerations
to the developer because they will delay the
issuance of a Certificate of Occupancy until thev
are complied with. Any exterior structural
equipment. or utility transformers. boxes. ducts or
meter cabinets shall be architecturally screened bv
wall or structural element. blending with the
building design and include landscaping when on the
ground. A sign program for all new commercial.
office and industrial centers of three or more
tenant spaces shall be approved by the Department
prior to the issuance of a Certificate of
Occupancy.
This requirement also includes any applicable Land
Use District Development Standards for residential.
commercial and industrial developments regarding
minimum lot area. minimum lot depth and Width.
minimum setbacks. maximum height. maximum lot
coverale. etc.
This de\'elopment shilll hp reouir-:=d to maintaIn a
minimum of standard off-street r>arking
spaces as Sh';;';--o-~-the approved plan's) on file.
...
P~.GI PAGE 101" ,
,...."
CI"" OP _ -.......a
---
~ - ~-
,
CITY OF SAN BERNARDINO PLANNING
AND BUILDING SERVICES DEPARTMENT
CASE
PM 11892
CONDITIONS
AGENDA ITEM 4
HEARING DATE lU-~-'H
PAGE 15
,
~
7 .
A ComposIte De"elopment Plan 'Cf1P' shall be filed
with the Public -orks and Planning and Buildin"
Services Departments prior to Final or Parcel "lap
processln" b" the Cit", The COP shall pro\'1de
additional surve" and map Information including.
but not imited to. building criteria Ii.e.
setbacks). flood control criteria. s",smic and
l! e 0 log I c a I c rJ t e ria. en" i r 0 n men t a I c r I t e ria and
easements of record, The COP "ha I) he I ahe I ed WI t h
the title "Composite Development Plan", and contain
a section entitled "COP Notes" The appl icant shall
have listed under the COP notes section the
followinc conditIons or mitigatin~ measures
required for the development of th~ subiect
propert,,: Conditions 9,10,11,12,13,14,15,16
8.
Within two years of this approval. the filina of
the final map or parcel map with the Council shall
have occurred or the approval shall become null and
void. Expiration of a tentative map shall
terminate all proceedinas and no final map or
parcel map shall be filed without first processina
a new tentative map. The City Engineer must accept
the final map or parcel map documents as adequate
for approval by Council prior to forwarding them to
the City Clerk. The date the map shall be deelled
fi led with the Council is the date on which the
City Clerk receives the lIap. The review authority
may. upon application filed 30 da,'s prior to the
expiration date and for aood cause. grant an
extension to the expiration date pursuant to
Section 19.66.170 of the Development Code and the
State Map Act.
Project:_!_~_~e}__M_~_3~~_!3!!3_____________________
October 8, 1993
Expiration Date:
----------------------------------
'"
~~-~
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~
Pl..AH-1.DII IIIGE, OF 1
?a2E ~ c: -
,...."
~
CASE PM 13892
"""'I
CITY OF SAN BERNARDINO PLANNING
AND BUILDING SERVICES DEPARTMENT
CONDITIONS
AGENDA ITEM
HEARING DATE
PAGE
4
10-8-91
16
~
,...
r~ndl~t,~n~ ()f Arpy~v31
10.
11.
12.
13.
14.
....
~~_._lI>>Cl
Cf"",,,,- _om...._c.E1
9.
No ~tructure~ for human sccupancy ~hall be built north of
the "Revi~ed structur!l SAtback Line". Said setback line is
degcribed as follow~: "A line connecting a point located 50
feet south of the northern end of Trench FT-l and a point
located 35 feet !outh of the !hear zone noted at ) + 25 feet
in Trench FT-2 (as shown on Plate 1 of the report), a~
reviewed in the Field with the city Geologigt, Dr. Floyd
Williams.
The ~hear =one located in FT-2 was marked in the field by a
vertical metal fencA pole located approximately 30 feet
south of the existing fence line. The position of the shear
shall be surveyed S0 as to accurately locate the setback
line.
In the interest of safety, the exploratory fault trenches
~ere backfilled after they ~ere examined and logged. The
potential for settlement of the fault trench backfill exists
at the site. Prior to construction, the trenches shall be
reexcavated, and recompacted under the supervision of a
geotechnical consultant, if not previously removed by depth
of proposed cut.
Sei~mic de~ign ~hall be In accordance with the ~ei~mic code
provision for the City of San Bernardino and the latest
edition of the Uniform Building Code. The seismic
accelerations contained in the text of the geologic
evaluation (including the information contained in Appendix
D of the evaluation) of the site shall be incorporated into
the structural design of the building.
An evaluation of the potential for seismically induced
settlement shall be completed and submitted to the
Engineering Department and Building and Safety Division for
review and approval. The evaluation shall consider the
seismicity information presented in Appendix D of the
geologic evaluation report along with information obtained
from a site specific geotechnical evaluation. All
recommendations of the approved evaluation of seismically
induced settlement concerning grading and foundation design
shall be complied ~ith.
Should any conditions be encountered during development that
appear in any way to be different from those described in
the geologic evaluation report completed by Leighton and
Associates, a qualified geOlogist shall be notified
concerning appropriate recommendations and mitigation.
~\.AN.809 J:lA,GE' 0'-" .
~
.",
r
CITY OF SAN BERNARDINO PLANNING
AND BUILDING SERVICES DEPARTMENT
CASE
PM 13892
~
..
CONDITIONS
AGENDA ITEM
HEARING DATE
PAGE
4
10-8-91
17
r ~
IS. The Highland Ditch shall be avoided by development, if
practicable, sUbject to revie~ and approval of the Director
of Planning and Building Services ~ith input from the on-
site archaeologist. The only exception to this requirement
is the extension of Piedmont Avenue ~hich ~ill bisect a
previously altered section of the Ditch.
16. Grading in the area of the former original residential
structures of the Noyes and Randall families and in the area
of the estimated location of the City Creek Ditch shall be
monitored by qualified archaeologists to recover artifacts
and further document the extent of subsurface remains not
visible in the surface survey.
17. The proposal shall include redesign and reconstruction of
the Highland Avenue at Boulder Avenue intersection to ensure
adequate lane configuration for handling interim and
ultimate traffic volumes at the intersection.
18. For Highland Avenue at Boulder Avenue and the ne~ dedicated
street (Piedmont realignment), a conceptual signing/striping
plan shall be submitted and is subject to the approval of
the City Traffic Engineer. The concepts shall sho~ the
proposed interim and the ultimate lane configurations and
signage, including road ~idth requirements.
19. Restriping of Highland Avenue at Boulder Avenue and Piedmont
realignment at interim and ultimate, based on apprcved
plans.
(;I.... ~ _ _.....__
c.IE..-nv..._om......"'Cf:5
...
PlAN-8.Qg PA.GE 1 01= .
490
CITY OF SAN I___RNARDINO P\.8L1C 'IIORKS/INQIII.
CAS! LLA 91-23
STANDARD REQUIREMENTS AGENDA ITlM
HEARING ~ 8-15-91
"'"-
,
Project Descri pti on: /.../.../9 '1/-2..3 I1DJV$i'
1..0 ~ uN6 pPrw6N 3 P.iU2C;;/..S eJ,(/ N~,4r#
SlJi~ ()~ fI/4J.1(.A}/D A/A:f _M~ ~
Date: r-:J~I ---.
Prepared by: Hw& Ruined Iy:
PIge I of J pag..
Applicant: &1.-1.. ';Hl> &1'117:11 &ertEll
X A Certificate of Compliance in a form acceptable to the City Engineer shall
be recorded for the lot line adjustment.
X . Applicable Engineering Fees*
al Checking Fee - S150.00
bl Recording Fee - Per County Recorder's Fee Schedule
X Rtf'/?/tO GhZ.- O:r:>e.'"~ 5HM.J.. BE 2Esee~ ~vac. p,:,u6l. J
IAI htVDIt."~ PRe.c,G(.. 2. ;:;'1< ~e~ 14thN#SE; ~
AND (j'f"/f../7'l6.
*All fees are subject to change without notice.
CITY OF SAN BERNARDINO PUBLIC WORKS/ENQR.
CASE PM 13892
STANDARD REQUIREMENTS
AGENDA ITEM
HEARING DATE
PAGE
4
10-8-91
18
:0.
1.
2 .
NOTE TO APPLICANT: Where separate Engineering plans are required. the
appllcant is responsible for submi tting the Engineering plans directly
to the Engineering Division. They may be submitted prior to submittal
of 8uilding Plans.
Drainage and Flood Control
All necessary drainage and flood control measures shall be
subject to requirements of the City Engineer, which may be based
in part on the recommendations of the San Bernardino Flood
Control District. The developer's Engineer shall furnish all
necessary data relating to drainage and flood control.
x
A local drainage study will be required for the project. Any
drainage improvements, structures or storm drains needed to miti-
gate downstream impacts or protect the development shall be
designed and constructed at the developer's expense, and right-
of-way dedicated as necessary.
The development is located within Zone A on the Federal Insurance
Rate Maps; therefore, a Special Flood Hazard Area Permit issued
by the City Engineer shall be required.
The development is located within Zone B on the Federal Insurance
Rate Maps; therefore, all building pads shall be raised above the
surrounding area as approved by the City Engineer.
Comprehensive storm drain Project No. is master planned in
the vicinity of your development. ThlS drain shall be designed
and constructed by your project unless your Engineer can conclu-
sively show that the drain is not needed to protect your develop-
ment or mitigate downstream impacts.
x
All drainage from the development shall be directed to an
approved public drainage facility. If not feasible, proper drain
age facilities and easements shall be provided to the satisfac-
tion of the City Engineer.
x
Applicant shall mitigate on-site storm water discharge suffi-
ciently to maintain compliance with the City's NPDES Storm Water
Discharge Permit requirements.
3 .
Erosion Control
x
An Erosion Control Plan shall be approved by the City Engineer
prior to grading plan approval. The plan shall be designed to
control erosion due to water and wind, including blowing dust.
during all phases of construction, including graded areas whicn
are not proposed to be immediately built upon.
aTY OF SAN BERNARDINO PUBLIC WORKS/~.
CASE PM 1 3892 .
STANDARD REQUIREMENTS
AGENDA ITEM 4
HEARING DATE 10-8-91
PAGE 1 g
Grading
24.
x
25.
x
'"
If more than l' of fill or 2' of cut is proposed, the site/plot/
grading and drainage plan shall be signed by a Registered Civil
Engi neer and a gradi ng permi t wi 11 be requi red. The gradi ng
plan shall be preparea in strict accordance with the City's
"Grading Policies and Procedures" and the City's "Standard
Drawings", unless otherwise approved by the City Engineer in
advance.
If more than
grading bond
supervised in
8uilding Code.
5,000 cubic yards of earthwork is proposed. a
will be required and the grading shall be
accordance wi th Secti on 7012 (c) of the Uni form
A liquefaction report is required for the site. This report
must be submi tted and approved pri or to issuance of a gradi ng
permi t. Any gradi ng requi rements recommended by the approved
liquefaction report shall be incorporated in the grading plan.
An on-site Improvement Plan is required for this project. Where
feasible. this plan shall be incorporated with the grading plan
and shall conform to all requirements of Section 15.04-167 of
the Municipal Code (See "Grading Policies and Procedures"). The
on-site Improvement Plan shall be approved by the City Engineer.
A reciprocal
approval if
is proposed
be recorded
easement shall be recorded prior to grading plan
reciprocal drainage. access. sewer. and/or parking
to cross lot 1 i nes. or a lot 1 i ne adjustment sha 11
to remove the interior lot lines.
The project Landscape Plan shall be reviewed and approved by the
City Engineer prior to issuance of a grading permit. Submit 4
copies to the Engineering Division for checking.
An on-site Lighting Plan for the project shall be reviewed and
approved by the City Engineer. This plan can be incorporated
with the grading plan. or on-site improvement plan. if
practical.
A Landscape Maintenance District shall be implemented to
maintain landscaping within the following areas:
Separate sets of Landscape Plans shall be provided for the
Landscape Maintenance Dis~rict.
26.
27.
28.
29.
30.
31.
32.
33.
CITY OF SAN JERNARDINO PUBll\.. WORKS/1HQfl
CASE PM 13892 -
5T ANDARD REQUIREMENTS
AGENDA ITEM
HEARING DATE
!'AGE
4
10-8-91
20-
Utilities
x
Design and construct all public utilities to serve the site in
accordance with City code, City Standard and requirements of the
serving utility, including gas, electric, telephone, water, sewer
and cable TV.
x
Each parcel shall be provided with separate water and sewer faci-
lities so it can be served by the City or the agency providing
such services in the area.
x
Sewer main extensions required to serve the site shall be con-
structed at the Developer's expense. Sewer systems shall be
desi gned and constructed in accordance wi th the Ci ty' s "Sewer
Policy and Procedures" and City Standard Drawings.
Uti 1 i ty services shall be placed underground and easements pro-
vided as required.
x
x
All existing overhead utilities adjacent to or traversing the
site on either side of the street shall be undergrounded in accor
dance with Section 19.2D.030 (non-subdivisions) or 19.30.110
(subdivisions) of the Development Code.
x
Existing utilities
relocated at the
Engineer.
which interfere with new construction shall be
Developer's expense as directed by the City
x
Sewers within private streets or private parking lots will not be
maintained by the City but shall be designed and constructed to
Ci ty Standards and inspected under a Ci ty On-Si te Constructi on
Permit. A private sewer plan designed by the Developer's Engin-
eer and approved by the Ci ty Engi neer wi 11 be requi red. Thi s
plan can be incorporated in the grading plan, where practical.
x
A "communication Conduit" shall be installed in all streets with-
in and adjacent to this project. The conduit shall be dedicated
to the City and its primary use shall be for Cable TV installed
by the Cable TV Company under permit from the City of San Bernar-
dino.
4 .
5 .
6 .
7.
8 .
9.
o .
CITY Of SA" ..JERNAROINO PUBLt-... WOft1<S/IHQIl
CASE PM 1 38 9 2
5T ANDARD REQUIREMENTS
AGENDA ITEM
HEARING DATE
PAGE
4
10-8-91
,.
Mapping
x
A Final/Parcel Map based upon field survey will be required.
x
All street names shall be subject to approval of the Ci ty
Engineer prior to Map approval.
x
Additional survey and map information including, but not limited
to, building setbacks, flooding and zones, seismic lines and set-
backs, geologic mapping and archeological sites shall be filed
with the City Engineer in accordance with Ordinance No. MC-592.
Improvement Completions
x
Street, sewer, and drainage improvement plans for the entire pro-
ject shall be completed, subject to the approval of the City
Engineer, prior to the recordation of the Final/Parcel Map.
x
If the required improvements are not completed prior to record-
ation of the Final/Parcel Map, an improvement security accom-
pani ed by agreement executed by the developer and the Ci ty wi 11
be required.
If the required improvements are not proposed to be completed
pri or to recordati on of the Parcel Map, a deferred improvement
agreement in accordance with Section 19.30.160 of the Development
Code will be required. If the agreement is approved, an
improvement certificate shall be placed on the Parcel Map stating
that the required improvements will be completed upon develop-
ment. Applicable to Parcel Maps consisting of 4 or less parcels
only.
x
S tr e e t 1 i g h ten erg y fee top a y co S t 0 f s t r e e t 1 i g h ten erg y for a
peri od of 4 years. Exact amount to be determi ned pri or to map
recording.
x
All rights of vehicular ingress/egress shall be dedicated from
the following streets:
Reciprocal sewer, drainage, utility, access and parkin9 rights
shall be reserved over Parcels 1 through 8.
-... ..... -....-
........-...... ~.,.., 1..,...n"'/~"""4h
CASE PM 13892
51 ANDARO REQUIREMENTS
AGENDA ITEM 4
HEARING DATE ll1-R-ql
FlAG 2 2
Street Improvement and Dedications:
1. X All publiC streets within and adjacent to ~he development shall be
-improved to include combination curb and gutter, paving, handicap
ramps, street lights, sidewalks and appurtenances, including, but
not limited to, traffic signals. traffic signal mOdification,
relocation of public or private facilities which interfere with
new construction, striping, signing, pavement marking and markers,
and street name signing. All design and construction shall be
accomplished in accordance with the City of San Bernardino "Street
Improvement Pol icy" and Ci ty "Standard Drawings", unless otherwise
approved by the City Engineer. Street lighting, when required,
shall be designed and constructed in accordance with the City's
"Street Lighting Policies and Procedures". Street lighting shall
be shown on street improvement plans except where otherwise
approved by the City Engineer.
2. X For the streets listed below, dedication of adequate street
-right-of-way (R.W.) to provide the distance from street centerline
to property line and placement of the curb line (C.L.) in relation
to the street centerline shall be as follo,!,/s:
3 .
Street Name Right-of-Way (Ft. ) Curb Line (F t. )
Highland Avenue 55' 43'
Piedmont Drive 25' 18'
X Piedmont Drive s ha 11 be 60' wide through the reversing curve North
of Highland Avenue.
4 .
X Improve Piedmont Drive full width from Highland Avenue to existing
-Piedmont Drive, including pavement, curb & gutter on both sides,
street lights on both sides, sidewalk on East side only, striping
and pavement markings.
5 .
X Install traffic signals at the intersection of Piedmont Drive and
- Highland Avenue, and at the ultimate location of the Highland
Avenue/Boulder Avenue intersection.
7.
X
A permit from Caltrans will
Avenue and Highway 330.
I
I
the I
I
I
be required for all work in Highland I
I
6.
X Highway 330 East of Boulder shall be realigned to match
-ultimate location of the intersection of Highland/Boulder.
CITY OF SAN SERNARDINO PUBlIC WORKS/1NQIl
CASE PM 1 3 8 9 2
STANDARD REQUIREMENTS
AGENDA ITEM
HEARING DATE
~AGE
4
10-8-91
2'
Required Engineering Permits:
:8.
x
Grading permit (if applicable.).
On-site improvements construction permit (exceot buildings - see
Planning and Building Services), includes landScaping.
~ 9.
x
Off-site improvements construction permit.
Applicable Engineering Fees (Fees sUbject to change without notice)
;0.
x
Plan check fee for i"inal/i'arcel Map - $1,000.00 plus $30.00 per
1 ot or parcel.
51.
x
Plan check and inspection
2.5%, respectively, of
off-site improvements.
fees for off-site improvements - 3% and
the estimated construction cost* of
Plan check and inspection fees for on-site improvements
buildings - See Planning and Building Services) - 1%
respectively, of the estimated construction cost* of
improvements, including landscaping.
(except
and 1%,
on-site
j2. X Plan check and inspection fees for grading (if permit required) _
Fee Schedule available from the Engineering Division.
Drainage fee in the amount of
Traffic system fee in the estimated amount of
Exact amount shall be determined by the City Trafflc Englneer at
time of application for Building Permit.
Sewer connection fee in the amount of
*Estimated construction cost is based on schedule of unit prices on
file with the City Engineer.
J
CASE ~.., 13S-92" -." ..
STANDARD REQUIREMENTS
4
10-8-91
24
r
AGENDA ITEM
HEARING DATE
"'AGE
;3.
x Off-site dedication for Piedmont Drive shall be obtained prior to
map recording at subdivider's expense.
;4.
X An interim and final striping plan shall be required for Highland
Avenue. A final striping plan shall be required for Piedmont
Drive.
;5.
x Additional widening may be required along Highland Avenue at
intersections and driveways to accommodate turn lanes. Such
additional widenings shall be designed and constructed as approved
by the City Engineer and Caltrans.
Mr. Dave Mylnarski
Lot Line Adjustment No. 91-23
August 19, 1991
Page 2
CONDITIONS OF APPROVAL
1. A certificate of compliance shall be recorded prior to
issuance of building permits.
2. Subject to ~~e attac~ed Standard Requirements for the City of
San Bernardino Public Works/Engineering Depart~ent.
Respectfully,
r:t . ..,.,.,...!., , -
II.... - ~ .........,..-, ,-vr
..(./"""- ...'-'-". ....". I
John Montgomery, AICP
Principal Planner
cc: Gatlin-Doerkin Development
12625 High Bluff Drive, Ste. 304
San Diego, CA 32130
,
. '
Bill and Benita Buster
1399 Colton Avenue
Red1ands, CA 92373
Mike Grubbs
Engineering Division
Mark Hinkley
Building and Safety Division
JM:das
lotlineapprv
PARCEL MAP
CONDITIONS OF APPROVAL
EXHIBIT "D"
CITY OF SAN BERNARDINO PLANNING
AND BUILDING SERVICES DEPARTMENT
CASE
PM 13892
4
10-8-91
11
CONDITIONS
AGENDA ITEM
HEARING DATE
PAGE
r
1.
The r e ,. Ie.... aut h 0 r 1 t \" m a \', U ['l ("I n a r ('I 1 I ~ at 1 () n bel n?
filed 10 davs prIor to the 'xplratlon date and for
good cause. grant one time extensIon not to exceed
12 month~. The rpvie~ authorltv sha! I ensure that
the project complIes .n th al! current De\'e]opment
Cod e pro \" 1 S Ion s .
2,
I nth e e \' e n t t hat t his a p pro \' a lis leg a I I "
challenged. the Cltv ~III promptlv notlfv the
applIcant of an'- claIm or action and ~ill cooperate
fullv In the defense of the matter. Once notified,
the appl ]~ant agrees to defend. indemnifv, and hold
harmless the Citv. Its offIcers. agents and
emplovees from anv claim. action or proceeding
agaInst the City of San BernardIno, The applicant
further agrees to reImburse the Cltv of anv costs
and attornevs' fees ~hieh the Cltv mav be reQuIred
b" a court to pa" as a resul t of such action. but
such partICIPation shall not relie"e applicant of
his or her oblifatlon under this condition.
3 .
~o \'acant. relocated. altered. re[181red or
hereafter erected structure shal I be occupied or no
change of use of land or structurel S] "hall h.
inaugurated. or no ne~ bU8ineSE commenced ns
authorized bv this permit untIl a rertlflcate 0f
Occupanc" has been issued b\' the DeDartment. ,~
temporar, Certificate of Occupancv mav be issued hv
the Department subject to the condItIons imDosed on
the use, provided that a depOSIt IS fi led ~ith the
Department of Public ~orks prior to the issuance of
the Certificate of Occupancv. The depOSIt or
securitv shall guarantee the faithful performance
and completion of all terms. conditIons and
performance standards imposed on the intended use
bv this permit.
l
Prior to the issuance of a Certificate of
Occupanc,', the lando...ner shall fIle a maintenance
agreement or covenant and easement to enter and
maintain. subject to the appro\'al of the Cit"
Attornev, The agreement or covenant and easement
to enter and maintain shall ensure that if the
landowner. or subseQuent ownerls) fails to
maintain the required/installed site improvements,
the City will be able to file an aPDroprlate
lie n IS) a f a 1 n s t the pro per t" i nor d e r t 0 ace 0 m P I Ish
the reQuired maintenance.
.,.. CI' _ ----..
---.
PLNi-1JIl PAGE 1 OF \
,...,,,
CITY OF SAN BERNARDINO PLANNING
AND BUILDING SERVICES DEPARTMENT
CASE
PM 13892
.....
4
10-8-91
12
..
CONDITIONS
AGENDA ITEM
HEARING DATE
PAGE
,.
4 .
The df:'\'eJo('le-r IS to suhmlt a complet~ m"stf-r
landscape and IrrigatIon plan (::; copiesl for the
entire development to the Put>l ic -orks Department
"lth the reQu1red fee for re\'le.. The landscapp
plans .111 be for...arded to thp Parks. Recreat1on.
and rom m u nit '" Sf' r \' ice san d t h ~ PIa n n 1 n g D 1 \' i S Ion
for r e \' l e" , ( l' 0 t e: The 1 s sua n ceo f a b U i I d 1 n g
development Permit 0\' the DeDartm..nt of Plannlng
and Building Services does not "'al\'e this
requirement.) N'o grading permitfs:) .....ill be iS3U~d
prior to approval of landscape plans, Th~
landscape and irrigation plans shall comph' oi th
the "Procedure and Polic~ for Landscap~ and
Irrigation" <available from the Parks Deoartment',
and compl~ ...ith all applicable provisions of
Chapter 19.28 (Landscaping Standards> of the
Development Code effective on the date of approval
of this permit. Trees are to be 1nspecterl b\' a
representative of the Parks Department prior to
planting.
<The following provision is applicable to single
famil~ homes.) Trees. shrubs and ground coV~r of a
tvpe and quality generally cons1stent or compatible
with that characterizing single famil~ homes shall
be provided 1n the front vard and that portion of
the side wards ...hich are visible from the street,
All landscaped areas must be pro\'ided w1th an
automatic irrigation svstem adequate to insure
their viabil itv. The Idndscape and lrrigatiofl
plans shall be re\'ie...ed as outlin~rl abo\'e,
~
..,j
Cl'T'>OI'_~
---
pLAN-1m PAGE I 01= \
,4-40.
D~:? ., ('~
r' """'l
CITY OF SAN BERNARDINO PLANNING CASE PM 13892
AND BUILDING SERVICES DEPARTMENT AGENDA ITEM 4
CONDITIONS HEARING DATE 10-8-91
PAGE 13
... .01
r' """'l
5 .
This permit (ll"
conditl:>ns or
Departments or
-:lrq,rn\-,=.) !S :;;:llh)E:'cr
ff'QUlremt:-nls of the
D i \' I 31 on s:
to thE- ;;ttaf'h"'d
f"llr".lny Cd'-
FIre Department
Parks.
SerTices
Recreation
Department
&
r(:mmunlt,-
Building
Planning
Department
S e r,' i c €' S D i ,. i s ion
and Building
oft he
Ser\'icps
Police Department
PublIC Services (Refuse) Dppartment
x
Public \."orks
Deoartment
( En gin ee " j n g I
\." ate r De par t men t
O'T't'OJ....~
---
...
pLAN-1m PAGE' 0;: \
14-00)
6.
This permIt or approval IS subject to all the
applicable provIsions of the Development Code In
effect at the time of approval. This includes
Chapter 19.20 - Property Development Standards. and
includes: dust and dirt control durina construction
and grading actIvities; emission control of fumes.
vapors, gases and other forms of air pollution;
glare control; exterior lighting design and
control; noise control j odor control; screening i
signs. off-street parking and off-street loadina:
and, vibratIon control. Screening and sign
regulations compliance are important considerations
to the developer because they will delay the
issuance of a Certificate of Occupancy until they
are complied with. Any exterior structural
equipment. or utility transformers, boxes. ducts or
meter cabInets shall be architecturally screened by
~all or structural element. blending with the
building design and include landscapina when on the
ground. A sign proaram for all new commercial.
office and industrial centers of three or more
tenant spaces shall be approved by the Department
prior to the issuance of a Certificate of
Occupancy.
This requirement also includes any applicable Land
Use District Development Standards for residential,
commercial and industrial developments reaarding
minimum lot area, minimum lot depth and width,
minimum setbacks. maximum height, maximum lot
coveraae. etc.
T his de,' e lop men t s h ,,j I her e a u ire d t () m a i n t a 1 n a
minimum of _______ __ standard off-street parkin..
spaces as sho~n on the approved planes) on file.
..
~ 0' _ ---.0
---
p~~ PAGE10Fl
I_I
n_ ~-
CITY OF SAN BERNARDINO PLANNING
AND BUILDING SERVICES DEPARTMENT
~
CASE
CONDITIONS
PM 13892
AGENDA ITEM
HEARING DATE
PAGE
4
lU-~-~l
15
~
"'I
7.
A ComposIte Development Plan 'CPP' shall be filed
with the Public oorks and Planning and BUlldini'
Services Departments prior to Final or Parcel Map
processini' b,' the Cit\", The COP shall pro"lde
additional survev and map Information including.
but not. limited to. building criteria fi.e.
setbacks!, flood control c~iteI'ia. s€'ismic and
geological criteria. en\'ironmental criteria and
easements of record. The COP ,;hall he laheled with
the title "Composite Development Plan". and contain
a section entitled "COP Notes" The appl icant sha'l
have listed under the COP notes section the
following conditions or mitigating measures
required for the development of th~ subject
propert,.: Conditions 9, la, 11, 12, 13, 14, 15, 16
8 .
within two years of this approval. the fi I ing of
the final map or parcel map with the Council shall
have occurred or the approval shall become null and
void. Expiration of a tentative map shall
terminate all proceedings and no final map or
parcel map shall be filed without first processing
a new tentative map. The City Engineer must accept
the final map or parcel map documents as adequate
for approval by Council prior to forwarding them to
the City Clerk. The date the map shall be deemed
filed with the Council is the date on which the
City Clerk receives the map. The review authority
may. upon application filed 30 days prior to the
expiration date and for good cause. grant an
extension to the expiration date pursuant to
Section 19.66.170 of the Development Code and the
State Map Act.
Project:_!_~r:!_~_~~__N~~_!3!!3_____________________
Expiration Date:
October 8, 1993
----------------------------------
...
en-- OJ _ --.-.0
---
Pl..AN-..DI PAGE 1 ot: ,
?at!efc~"
.....
i"""
,
CITY OF SAN BERNARDINO PLANNING
AND BUILDING SERVICES DEPARTMENT
CASE PM 13892
-....
...
CONDITIONS
AGENDA ITEM
HEARING DATE
PAGE
4
10-8-91
16
r~ndltl()n~ ()f AnDr~val
"'l
9. No structures for human occupancy shall be built north of
the "Revised structural SAtback Line". Said setback line is
described as follows: "A line connecting a point located 50
feet south of the northern end of Trench FT-1 and a point
located 3S feet south of the shear zone noted at ) + 25 feet
in Trench FT-2 (as shown on Plate 1 of the reportl, as
reviewed in the Field with the city Geologist, Dr. Floyd
Williams.
10. The shear zone located in FT-2 was marked in the field by a
vertical metal fencA pole located approximately 30 feet
south of the existing fence line. The position of the shear
shall be surveyed so as to accurately locate the setback
line.
11. In the interest of safety, the exploratory fault trenches
were backfilled after they were examined and logged. The
potential for settlement of the fault trench backfill exists
at the site. Prior to construction, the trenches shall be
reexcavated, and recompacted under the supervision of a
geotechnical consultant, if not previously removed by depth
of proposed cut.
12. Seismic design shall be in accordance with the seismic code
provision for the City of San Bernardino and the latest
edition of the Uniform Building Code. The seismic
accelerations contained in the text of the geologic
evaluation (including the information contained in Appendix
D of the evaluation) of the site shall be incorporated into
the structural design of the building.
13. An evaluation of the potential for seismically induced
settlement shall be completed and submitted to the
Engineering Department and Building and Safety Division for
review and approval. The evaluation shall consider the
seismicity information presented in Appendix D of the
geologic evaluation report along with information obtained
from a site specific geotechnical evaluation. All
recommendations of the approved evaluation of seismically
induced settlement concerning grading and foundation design
shall be complied with.
14. Should any conditions be encountered during development that
appear in any way to be different from those described in
the geologic evaluation report completed by Leighton and
Associates, a qualified geologist shall be notified
concerning appropriate recommendations and mitigation.
'"
~LAN.a,09 J:lA,GE 1 01= .
14.9(;
Cl""OJ_._~
U~l_>rmOOG.III...tl:5
'"
CITY OF SAN BERNARDINO PLANNING
AND BUILDING SERVICES DEPARTMENT
""I
PM 13892
CASE
"-
CONDITIONS
AGENDA ITEM
HEARING DATE
PAGE
4
10-8-91
17
15. The Highland Ditch shall be avoided by development, if
practicable, subject to review and approval of the Director
of Planning and Building Services ~ith input from the on-
site archaeologist. The only exception to this requirement
is the extension of Piedmont Avenue which will bisect a
previously altered section of the Ditch.
16. Grading in the area of the former original residential
structures of the Noyes and Randall families and in the area
of the estimated location of the City Creek Ditch shall be
monitored by qualified archaeologists to recover artifacts
and further document the extent of subsurface remains not
visible in the surface survey.
17. The proposal shall include redesign and reconstruction of
the Highland Avenue at Boulder Avenue intersection to ensure
adequate lane configuration for handling interim and
ultimate traffic volumes at the interse9tion.
18. For Highland Avenue at Boulder Avenue and the new dedicated
street (Piedmont realignment), a conceptual signing/striping
plan shall be submitted and is subject to the approval of
the City Traffic Engineer. The concepts shall show the
proposed interim and the ultimate lane configurations and
signage, including road width requirements.
19. Restriping of Highland Avenue at Boulder Avenue and Piedmont
realignment at interim and ultimate, based on approved
plans.
CJ,..,IJSMo.....~~
u..mv..._oml'oC;.!il:IIl"'US
PLAN.8,og PA.GE' o~ '
1490
CITY OF SAN I____RNARCINO PUBLIC ~OftKS/IHQIII.
WI LLA 91-23
STANDARD REQUIREMENTS AGENDA ITIM
HEAJltING DATI 8-15-91
proJ.ct Ducri pti on: /..L.19 9/-2.3 /lDJ!IS/
LD'L u,.e P;r(J)~N ~i"S,. t:J1..I ~H
$/.Pfi ()~ fI/4HlAND At# M I'roJ1J'%f2 ~
CaU: r-:J4Jii/
Pr.par.d by :9";(:,- Ru1...d Iy:
Page I of _ pagll
Applicant: &u... I1Hl> &Nlm &Oi€12.
X A Certificate of Compliance in a form accepUble to the City Engineer shall
be recorded for the lot line adjustment.
X . Applicable Engineering Fees*
al Checking Fee - $150.00
bl Recording Fee - Per County Recorder's Fee Schedule
X f(ffG/?/tO CAt- ~nfiJ.ITS ~HI!h.J.. Be .8;salMO D~ f>M.e1lL- J
/AI rllYDt( 1fJ': ,pAe.(,(#(.. 2. /iJ1l ~e~ 1CIt1N~E; ~~~L
,4N/) u-r/f../T'/6.
*All fees are subject to chang. without notic..
:0.
1.
2.
CITY OF SAN BERNARDINO PUBLIC WORKS/ENQR.
CASE PM 1 38 9 2
STANDARD REQUIREMENTS
AGENDA ITEM
HEARING DATE
PAGE
4
10-8-91
18
NOTE TO APPLICANT: Where separate Engineering plans are required. the
applicant is responsible for submitting the Engineering plans directly
to the Engineering Division. They may be submitted prior to submittal
of Building Plans.
Drainage and Flood Control
All necessary drainage and flood control measures shall be
subject to requirer"ents of the City Engineer, which may be based
in part on the recommendations of the San Bernardino Flood
Control District. The developer's Engineer shall furnish all
necessary data relating to drainage and flood control.
x
A local drainage study will be required for the project. Any
drainage improvements. structures or storm drains needed to miti-
gate downstream impacts or protect the development shall be
desi gned and constructed at the developer's expense. and ri ght-
of-way dedicated as necessary.
The development is located within Zone A on the Federal Insurance
Rate Maps; therefore. a SpeCial Flood Hazard Area Permit issued
by the City Engineer shall be required.
The development is located within Zone B on the Federal Insurance
Rate Maps; therefore. all building pads shall be raised above the
surrounding area as approved by the City Engineer.
Comprehensive storm drain Project No. is master planned in
the vicinity of your development. IhlS drain shall be designed
and constructed by your project unless your Engineer can conclu-
sively show that the drain is not needed to protect your develop-
ment or mitigate downstream impacts.
x
All drainage from the development shall be directed to an
approved public drainage facility. If not feasible. proper drain
age facilities and easements shall be provided to the satisfac-
tion of the City Engineer.
x
Applicant shall mitigate on-site storm water discharge suffi-
ciently to maintain compliance with the City's NPDES Storm Water
Discharge Permit requirements.
3 .
Erosion Control
x
An Erosion Control Plan shall be approved by the City Engineer
prior to grading plan approval. The plan shall be designed to
control erosion due to water and wind. including blowing dust.
duri ng all phases of constructi on. i ncl udi ng graded areas whi ch
are not proposed to be immediately built upon.
CITY OF SAN BERNARDINO PUBLIC WORKS/ENQIt,
CASE PM 1 38 92 -
STANDARD REQUIREMENTS
AGENDA ITEM 4
HEARING DATE 10-8-91
PAGE ] g
Grading
"'\
24.
x
25.
x
If more than l' of fill or 2' of cut is proposed. the site/plot/
grading and drainage plan shall be signed by a Registered Civil
Engineer and a grading permit will be required. The grading
plan shall be prepared in strict accordance with the City's
"Grading Policies and Procedures" and the City's "Standard
Drawings", unless otherwise approved by the City Engineer in
advance.
If more than
grading bond
supervised in
Building Code.
5,000 cub i c yard s of earthwork is proposed, a
will be required and the grading shall be
accordance with Section 7012 (c) of the Uniform
A liquefaction report is required for the site. This report
must be submi tted and approved pri or to issuance of a gradi ng
permit. Any grading requirements recommended by the approved
liquefaction report shall be incorporated in the grading plan.
An on-site Improvement Plan is required for this project. Where
feasible, this plan shall be incorporated with the grading plan
and shall conform to all requirements of Section 15.04-167 of
the Municipal Code (See "Grading Policies and Procedures"). The
on-site Improvement Plan shall be approved by the City Engineer.
A reciprocal
approval if
is proposed
be recorded
easement shall be recorded prior to grading plan
reciprocal drainage, access, sewer, and/or parking
to cross lot 1 i nes, or a lot 1 i ne adjustment shall
to remove the interior lot lines.
The project Landscape Plan shall be reviewed and approved by the
City Engineer prior to issuance of a grading permit. Submit 4
copies to the Engineering Division for checking.
An on-site Lighting Plan for the project shall be reviewed and
approved by the City Eng i neer. Th is plan can be i ncorpora ted
with the grading plan, or on-site improvement plan. if
practical.
A Landscape Maintenance District shall be implemented to
maintain landscaping within the following areas:
Separate sets of Landscape Plans shall be provided for the
Landscape Maintenance District.
26.
27.
28.
29.
30.
31.
32.
33.
CITY OF SAN JERNARDINO PUBlk.. WOftKS/ENQft.
CASE PM 1 3 8 9 2
STANDARD REQUIREMENTS
AGENDA ITEM
HEARING DATE
PAGE
4
10-8-91
20-
Utilities
x
Design and construct all public utilities to serve the site in
accordance with City code, City Standard and requirements of the
serving utility, including gas, electric, telephone, water, sewer
and cabl e TV.
x
Each parcel shall be provided with separate water and sewer faci-
lities so it can be served by the City or the agency providing
such services in the area.
x
Sewer main extensions required to serve
structed at the Developer's expense.
designed and constructed in accordance
POlicy and Procedures" and City Standard
the si te shall be con-
Sewer systems shall be
with the City's "Sewer
Drawings.
x
Utility services shall be placed underground and easements pro-
vided as required.
x
All existing overhead utilities adjacent to or traversing the
site on either side of the street shall be undergrounded in accor
dance with Section 19.20.030 (non-subdivisions) or 19.30.110
(subdivisions) of the Development Code.
x
Exi sti ng uti 1 iti es
relocated at the
Engineer.
which interfere with new construction shall be
Developer's expense as directed by the City
x
Sewers within private streets or private parking lots will not be
maintained by the City but shall be desi9ned and constructed to
Ci ty Standards and inspected under a Ci ty On-Si te Constructi on
Permit. A private sewer plan designed by the Developer's Engin-
eer and approved by the Ci ty En9i neer wi 11 be requi red. Thi 5
plan can be incorporated in the grading plan, where practical.
x
A "communication Conduit" shall be installed in all streets with-
in and adjacent to this project. The conduit shall be dedicated
to the City and its primary use shall be for Cable TV installed
by the Cable TV Company under permit from the City of San 8ernar-
dino.
4 .
5.
6 .
7 .
8 .
9 .
o .
CITY OF SAt-. JERNARDINO PUSLk WORKS/EHQIl
CASE PM 1 38 92
STANDARD REQUIREMENTS
AGENDA ITEM
HEARING DATE
PAGE
4
10-8-91
? ,
,
Mapping
x
A Final/Parcel Map based upon field survey will be required.
All street names shall be subject to approval of the City
Engineer prior to Map approval.
x
x
Additional survey and map information including, but not limited
to, building setbacks, flooding and zones, seismic lines and set-
backs, geologic mapping and archeological sites shall be filed
with the City Engineer in accordance with Ordinance No. MC-592.
Improvement Completions
x
Street, sewer, and drainage improvement plans for the entire pro-
ject shall be completed, subject to the approval of the City
Engineer, prior to the recordation of the Final/Parcel Map.
x
I f the requi red improvements are not compl eted pri or to record-
ation of the Final/Parcel Map, an improvement security accom-
panied by agreement executed by the developer and the City will
be required.
I f the requi red improvements are not proposed to be compl eted
prior to recordation of the Parcel Map, a deferred improvement
agreement in accordance with Section 19.30.160 of the Development
Code will be required. If the agreement is approved, an
improvement certificate shall be placed on the Parcel Map stating
that the required improvements will be completed upon develop-
ment. Applicable to Parcel Maps consisting of 4 or less parcels
only.
x
Street light energy fee to pay cost of street light energy for a
peri od of 4 years. Exact amount to be determi ned pri or to map
recordi ng.
x
All rights of vehicular ingress/egress shall be dedicated from
the following streets:
Reciprocal sewer, drainage, utility, access and parking rights
shall be reserved over Parcels 1 through 8.
~. . ..,. ""~...
. .. .,.... . - ., ..., r """-"* "" I VTlI"\'" I c.... ~ ..
CASE PM 13892
ST ANDAAO REQUIREMENTS
4
In-R_ql
22
AGENDA ITEM
HEARING DATE
PAG
Street Improvement and Dedications:
1. X All public streets within and adjacent to .the development shall be
-improved to include combination curb and gutter, paving, handicap
ramps, street lights, sidewalks and appurtenances, including, but
not limited to, traffic signals, traffic signal modification,
relocation of public or private facilities which interfere with
new construction, striping. signing, pavement marking and markers,
and street name signing. All design and construction shall be
accomplished in accordance with the City of San 8ernardino "Street
Improvement Policy" and City "Standard Drawings", unless otherwise
approved by the City Engineer. Street lighting, when required,
shall be designed and constructed in accordance with the City's
"Street Lighting Policies and Procedures". Street lighting shall
be shown on street improvement plans except where otherwise
approved by the City Engineer.
2 .
X For the streets listed below, dedication of
-right-of-way (R.W.) to provide the distance from
to property line and placement of the curb line
to the street centerline shall be as follows:
adequate street
street centerline
(C.L.) in relation
3 .
Street Name Right-of-Way (F t. ) Curb Line (Ft. )
Highland Avenue 55' 43'
Piedmont Drive 25' 18'
X Piedmont Drive sha 11 be 60' wide through the reversing curve North
of Highland Avenue.
4 .
X
Improve Piedmont Drive full width from Highland Avenue to existing
Piedmont Drive, including pavement, curb & gutter on both sides,
street lights on both sides, sidewalk on East side only, striping
and pavement markings.
5 .
X
Install traffic signals at the intersection of Piedmont Drive and
Highland Avenue, and at the ultimate location of the Highland
Avenue/Boulder Avenue intersection.
7.
X
A permit from Caltrans will
Avenue and Highway 330.
be required for all work in
i
I
the I
I
I
Highland I
I
6 .
X
Highway 330 East of Boulder shall be realigned to match
ultimate location of the intersection of Highland/Boulder.
CITY OF SAN SEANARDINO PUBlIC WORKS/1NQIl
CASE P M 1 3 8 92
STANDARD REQUIREMENTS
AGENDA ITEM
HEARING DATE
PAGE
4
10 8-91
23
\...
Required Engineering Permits:
~ 8 .
x
Grading permit (if applicable.).
On-site improvements construction permit (exceot buildings - see
Planning and Building Services), includes landscaping.
~ 9 .
x
Off-site improvements construction permit.
Applicable Engineering Fees (Fees sUbject to change without notice)
50.
x
Plan check fee for i'inal/Parcel Map - $1,000.00 plus $30.00 per
lot or parcel.
51.
x
Plan check and inspection
2.5%, respectively, of
off-site improvements.
fees for off-site improvements - 3% and
the estimated construction cost* of
Plan check and inspection fees for on-site improvements
buildings - See Planning and Building Services) - 1%
respectively, of the estimated construction cost* of
improvements. including landscaping.
32. X Plan check and inspection fees for grading (if permit required) _
Fee Schedule available from the Engineering Division.
(except
and 1%.
on-site
Drainage fee in the amount of
Traffic system fee in the estimated amount of
Exact amount shall be determined by the City Trafflc Englneer at
time of application for Building Permit.
Sewer connection fee in the amount of
*Estimated construction cost is based on schedule of unit prices on
file with the City Engineer.
,3.
,4.
i5.
..... -. -...
.- -.........
~~ 13892 .
CASE
STANDARD REQUIREMENTS
AGENDA ITEM
HEARING DATE
PAGE
4
10-8-91
24
x Off-site dedication for Piedmont Drive shall be obtained prior to
map recording at subdivider's expense.
X An interim and final striping plan shall be required for Highland
Avenue. A final striping plan shall be required for Piedmont
Drive.
x Additional widening may be required along Highland Avenue at
intersections and driveways to accommodate turn lanes. Such
additional widenings shall be designed and constructed as approved
by the City Engineer and Caltrans.
Mr. Dave Mylnarski
Lot Line Adjustment No. 91-23
August 19, 1991
Page 2
CONDITIONS OF APPROVAL
1. A certificate of compliance shall be recorded prior to
issuance of building permits.
2. Subject to the attac~ed Standard Requirements for the City of
San Bernardino Public Works/Engineering Depart~ent.
Respectfully,
ill . ..';;." l~v
r..l,~:,:..,-,. ""~'~"'/t.-
John Montgomery, AICP
Principal Planner
cc: Gatlin-Doerkin Development
12625 High Bluff Drive, Ste. 304
San Diego, CA 32130
Bill and Benita Buster
1399 Colton Avenue
Redlands, CA 92373
,',
Mike Grubbs
Engineering Division
Mark Hinkley
Building and Safety Division
JM:das
10tlineapprv
V ARlANCE CONDITIONS OF APPROVAL
EXHIBIT "E"
Attachment "C-2"
CITY OF SAN BERNARDINO PLANNING
AND BUILDING SERVICES DEPARTMENT
CASE CUP
91-26/ VAR
DA 91-02
8
10-29-91
175
91-16
CONDITIONS
AGENDA ITEM
HEARING DATE
PAGE
r
1.
Construction shal I be in substantial conformance
with the plan( s) approved b,' the Director.
Development Review Committee. Planning Commission
or Mavor and Common Council. Minor modification to
the p!an(s) shall be subject to approval bv the
Director through a minor modification permit
process. Anv modification which exceeds 10% of the
following allowable measurable design/site
considerations shall require the refiling of the
or i gin a I a p p I i cat ion and a sub s e Que nth ear i n g b ,.
the appropriate hearing review authority if
applicable.
1. On-site circulation and parking. loading and
landscaping:
2. Placement and/or height of wails. fences and
structures:
3. Reconfiguration of architectural features.
including colors. and/or modification of
finished materials that do not alter or
compromise the previouslv approved theme: and.
't. A reduction in density or intensit,. of a
development project.
2.
Within one year of development approval.
commencement of construction shall have occurred or
the permit/approval shall become null and void. In
addition. if after commencement of construction.
work is discontinued for a period of one Year. then
the permit/approval shall become null and void.
Projects may be built in phases if preapproved bv
the review authority. If a project is built in
preapproved phases. each subsequent phase sha II
have one year from the previous phase's date of
construction commencement to the next phase's date
of construction commencement to have occurred or
the permit/approval shall become null and void.
Pro'ect: Variance No. 91-16
J ___________________________________________
Exp i ra tion Da te: _.as...~J<y_Jtes_e_1.9.P]ll_e_n_t_____
Agreement No. 91-02
~ ~
Clf'<'C#_~
---
PLAN-I.DI PAGE 1 OF 1 (,,-eo)
Pal'e I of 7
CONDITIONS
CASE CUP 91-26/VAR 91-16
DA ;ll-UL
AGENDA ITEM 8
HEARING DATE lU-L;I-;ll
PAGE 176
CITY OF SAN BERNARDINO PLANNING
AND BUILDING SERVICES DEPARTMENT
~
3.
-------_.
The re\'iew authority mav. upon application beinf
filed 30 days prior to the expiration date and for
good cause. grant one time extension not to exceed
12 months. The review authority shall ensure that
the project complies with all current Development
Code provisions.
..,
4.
In the even,t that this approval is legal II.
challenged. the City will promptly notify the
applicant of any claim or action and will cooperate
fully in the defense of the matter. Once notified.
the applicant agrees to defend. indemnifY, and hold
harmless the City, its officers. agents and
employees from any claim. action or proceeding
against the City of San Bernardino. The applicant
further agrees to reimburse the City of anv costs
and attorneys' fees which the City may be required
by a court to pay as a resul t of such action. but
such participation shall not rei ieve appl icant of
his or her obligation under this condition,
-5_______
No vacant, relocated. altered, reoaired or
hereafter erected structure shall be occupied or no
change of use of land or structure! s) shall be
inau2urated. or no new business commenced as
authorized bv this permit until a Certificate of
Occupancy has been issued bv the Department. A
temporary Certificate of Occupancy mav be issued bv
the Department subject to the conditions imposed on
the use. provided that a deposit is filed with the
Department of Public Works prior to the issuance of
the Certificate of Occupancy. The deposit or
security shall guarantee the faithful performance
and completion of all terms. conditions and
performance standards imposed on the intended use
by this permit.
grt'QI-~
---
...
Prior to the issuance of a Certificate of
Occupancy. the landowner shall fi Ie a maintenance
agreement or covenant and easement to enter and
maintain. subject to the approval of the City
Attorney. The agreement or covenant and easement
to enter and maintain shall ensure that if the
landowner. or subsequent owner(s). fails to
maintain the required/installed site improvements.
the Citv will be able to file an appropriate
lien(s) against the property in order to accomplish
the required maintenance.
PL.AN-I.DII PAGE 1 Of 1 14oQO)
PaQe 2 of 7
CITY OF SAN BERNARDINO PLANNING
AND BUILDING SERVICES DEPARTMENT
CASE CUP
91-26/VAP '11-11;
DA 91-02
8
10-29-91
177
CONDITIONS
AGENDA ITEM
HEARING DATE
PAGE
...,
6 .
The developer is to submit a complete master
landscape and irrigation plan (5 copies) for the
entire development to the Public Works Department
with the required fee for review. The landscape
plans will be forwarded to the Parks, Recreation.
and Community Services and the Planning Division
for review. (Note: The issuance of a building
development Permit bv the Deoartment of Planning
and Building Services does not waive this
requirement.) No grading permit1s) will be issued
prior to aporoval of landscape plans. The
landscape and irrigation plans shall complv with
the "Procedure and Policv for Landscape and
Irrigation" (available from the Parks Deoartment I,
and comply with all applicable provisions of
Chapter 19.28 (Landscaping Standards) of the
Development Code effective on the date of aoproval
of this permit. Trees are to be inspected b,' a
representative of the Parks Department prior to
planting.
(The following provision is applicable to single
falli I y hOlies.) Trees. shrubs and ground cover of a
type and quality generally consistent or compatible
with that characterizing single family homes shall
be provided in the front vard and that portion of
the side yards which are visible from the street.
All landscaped areas must be provided with an
autollatic irrigation systell adequate to insure
their viability. The landscape and irrigation
plans shall be reviewed as outlined above.
...
CIm'",....-......::l
---
PI.AN-I. PAGE' OF 1 (4-10)
Page 3 of 7
...,j
CITY OF SAN BERNARDINO PLANNING
AND BUILDING SERVICES DEPARTMENT
CASE CUP
91-26/VAR 91-16
DA 91-02
8
10-29-91
178
CONDITIONS
AGENDA ITEM
HEARING DATE
PAGE
~
7.
This perllit or approval is subject to all the
applicable provisions of the DeveloPllent Code in
effect at the tille of approval. This includes
Chapter 19.20 - Property Development Standards. and
includes: dust and dirt control during construction
and grading activities; emission control of fUlles.
vapors. gases and other forms of air pollution;
glare control; exterior lighting design and
control; noise control; odor control; screening;
signs. off-street parking and off-street loadinll;
and. vibration control. Screening and sign
regulations compliance are illportant considerations
to the developer because they will delay the
issuance of a Certificate of .Occupancy until they
are cOllplied with. Any exterior structural
equipllent. or utility transformers. boxes. ducts or
meter cabinets shall be architecturally screened bv
wall or structural element. blending with the
building design and include landscaping when on the
ground. A sign prograll for all new commercial.
office and industrial centers of three or more
tenant spaces shall be approved by the Department
prior to the issuance of a Certificate of
Occupancy.
This requirement also includes any applicable Land
Use District DeveloPllent Standards for residential.
cOllmercial and industrial developments regarding
minimulI lot area, lIinillum lot depth and width.
minillulI setbacks. maximum height. maximum lot
coveraae. etc.
This development shall he required to maintain a
minimum of . standard off-street oarki ng
spaces as sh~;~-~~-the approved plan(s) on file.
...
ern CI' _ --....c
---
~
Pl.AN-8.D5I PAGE 1 OF 1
Pa~e 5 of 7
1-)
Attachment "D-2"
ECfAICAL AOV RrISING.INC
Variance findings for the size and number of wall
signs at the Highland Avenue Plaza, San Bernardino
A. There are exceptional or extraordinary circumstances and
conditions that apply to the property, which do not apply to other
properties in the same zoning district and neighborhood in that the
property is larger than any other property in the same zoning
district by about 300% consisting of 31.73 acres, with a frontage on
Highland Avenue of aprox. 1800 feet, aprox. 620 feet on the new road
to the west of the site and aprox. 720 feet on the new proposed
freeway. the difference in the elevations of Highland Avenue, and
the distance of the retail shops to the road will make visibility of
the wall signs of the major tenants difficult.
B. The granting of this variance is necessary for the preservation
and enjoyment of a substantial property right of the applicant in
that without this variance, the property will not enjoy the same
advertising privilege afforded other businesses in the same land use
district.
C. The granting of this variance will not be materially
detrimental to the public welfare or injurious to property and
improvements in the zoning district and neighborhood in that
structurally sound pylon signs do not constitute a threat to the
health, safety, or property values.
D. The granting of this variance will not be contrary to the
objectives of the general plan in that the General Plan defers to the
Municipal Code concerning requisite sign standards.
6618 Federal Boulpvard . Lemon Grove. California 91945.16191 2B6-SIGN 17446J FAX # 161912B6-7498
i
-------
ELECTRICAL AOVERTlSING. INC
Variance Findings for the size, number and
of the pylon signs at the Highland Avenue
San Bernardino, California
height
Plaza
A. There are exceptional or extraordinary circumstances and
conditions that apply to the property, which do not apply to other
properties in the same zoning district and neighborhood in that the
property is larger than any other property in the same zoning
district by about 300% consisting of 31.73 acres, with a frontage on
Highland Avenue of aprox. 1800 feet, aprox. 620 feet on the new road
to the west of the site and aprox. 720 feet on the new proposed
freeway. the difference in the elevations of Highland Avenue, the
freeway and the retail buildings will make it difficult for the pylon
signs to be seen both from Highland Avenue and the freeway.
B. The granting of this variance is necessary for the preservation
and enjoyment of a substantial property right of the applicant in
that without this variance, the property will not enjoy the same
advertising privilege afforded other businesses in the same land use
district.
C. The granting of this variance will not be materially
detrimental to the public welfare or injurious to property and
improvements in the zoning district and neighborhood in that
structurally sound pylon signs do not constitute a threat to the
health, safety, or property values.
D. The granting of this variance will not be contrary to the
objectives of the general plan in that the General Plan defers to the
Municipal Code concerning requisite sign standards.
6618 Federal80ulevard . Lemon Grove. California 91945 . 16191 286-SIGN (7446) FAX ~ 16191286-7498
~i9nteGR
ELECTRICAL AOVERTlSING. INC
Variance Findings for the allowance of logos and
additional letter styles for businesses with a
nationally or regionally recognized name at the
Highland Avenue Plaza, San Bernardino, California
A. There are exceptional or extraordinary circumstances and
conditions that apply to the property, which do not apply to other
properties in the same zoning district and neighborhood in that the
property is larger than any other property in the same zoning
district by about 300% consisting of 31.73 acres, with a frontage on
Highland Avenue of aprox. 1800 feet, aprox. 620 feet on the new road
to the west of the site and aprox. 720 feet on the new proposed
freeway. the difference in the elevations of Highland Avenue, the
freeway and the retail buildings will make visibility of the site
difficult.
B. The granting of this variance is necessary for the preservation
and enjoyment of a substantial property right of the applicant in
that without this variance, the property will not enjoy the same
advertising privilege or the ability to lease space to businesses
with a national or regional sign program afforded other businesses
in the same land use district.
C. The granting of this variance will not be materially
detrimental to the public welfare or injurious to property and
improvements in the zoning district and neighborhood in that
structurally sound pylon signs do not constitute a threat to the
health, safety, or property values.
D. The granting of this variance will not be contrary to the
objectives of the general plan in that the General Plan defers to the
Municipal Code concerning requisite sign standards.
6618 Federal80ulpvard . Lemon Grove. Callforma 91945.16191 286-SIGN 174461 FAX U 16191 286-7498
Tenant
Retail I
Primary
Secondary
Retail 3
Primary
Secondary
Retail 4
Primary
Secondary
Retail 7
Primary
Secondary
ATTACHMENT "E-2"
Wall signs
Lineal Frontaoe
Dev. Code
Allnwable Area
Area
ProDosed
125 square feet
125 square feet
125 square feet
75 square feet
125 square feet
75 square feet
185 square feet
7S f;quar" f"et
Note: The applicant has requested a second secondary wall sign
for a total of three wall signs where only two are permitted.
310 feet
215 feet
75 square feet
50 square feet
160 feet
o feet
75 square feet
o square feet
140 feet
o feet
75 square feet
o square feet
508 feet
2<l0 feet
75 square feet
SO sqnare feet
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hccacnment 111-211
CITY OF SAN BERNARDINO PLANNING
AND BUILDING SERVICES DEPARTMENT
CASE
AGENDA
ITEM #
LOCATION
CUP 91-26/VAR 91-
DA 91-02
HEARING DATE 10-29-g1
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""'II
CITY OF SAN BERNARDINO PLANNING
AND BUILDING SERVICES DEPARTMENT
CASE CUP
AGENDA
ITEM #
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LOCA TION
91-26/VAR91-16
DA 91-02
HEARING DATE 10-~9-91
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PL.Nrf.8.1' PAGE' OF I (4-QO)
MITIGATION MONITORING PROGRAM
EXHIBIT "F"
wm~.~
Attachment "F"
MITIGATION REPORTING / MONITORING PLAN
FOR
CUP 91-26, PARCEL MAP 13892, DEVELOPMENT AGREEMENT 91-02
INTRODUCTION:
In compliance with Public Resource Code, Section 21081.6
(enacted by passage of AB3180 (Cortise)), public agencies
approving projects which may cause significant environmental
impacts must monitor the mltigation of those impacts. This
Mitigation Reporting / Monitoring Plan, prepared for
WAL-MART STORES, INC. ensures implementation of the
mitigation measures adopted by the Planning Commission in
approving the Hitigated Negative Declaration.
MITIGATION MEASURES AND REPORTING / MONITORING ACTIVITIES
Prior to beginning construction, the applicant shall furnish
the City Planning Department with a checklist chart to use in
tracking the miti9ation monitoring and reporting activities.
The chart shall llSt each mitigation measure, monitoring or
reporting action and be ruled into columns that are designed
to record responsible agency, dates of completion, inspector
or other certifying person and the person recording the
information.
EARTH RESOURCES MITIGATION MEASURES - SEISHIC
No structures for human occupancy shall be built north of the
"Revised Structural Setback Line". Said setback line is
described as follows: "A line connecting a point located 50
feet south of the northern end of Trench FT-l and a point
located 35 feet south of the shear zone noted ate) + 25 feet
in Trench FT-2 (as shown on Plate 1 of the report prepared by
Leighton and Associates, Inc. titled: "GEOLOGIC EVALUATION OF
FAULTING, PROPOSED WAL-MART DEVELOPMENT, NORTHWEST CORNER OF
HIGHLAND AVENUE AND BOULDER AVENUE, SAN BERNARDINO,
CALIFORNIA, November 8, 1990, as reviewed in the field with
the City Geologist, Dr. Floyd Williams.
The shear zone located in FT-2 was marked in the field by a
vertical metal fence pole located approximately 30 feet south
of the existing fence lint. The position of the shear shall
be surveyed so as to accurately locate the setback line.
Prior to construction, the exploratory fault trenches shall
be reexcavated, and recompacted under the supervision of a
geotechnical consultant, if not previously removed by depth
of proposed cut.
Seismic design shall be in accordance with the seismic code
provision for the City of San Bernardino and the latest
edition of the Uniform Building Code. The seismic
accelerations contained in the text of the geologic
evaluation (including the information contained in Ap~endix D
of the evaluation) of the site shall be 1ncorporated 1nto the
structural design of the building.
An evaluation of the potential for seismically induced
settlement shall be completed and submitted to the
Engineering Department and Building and Safety Division for
review and approval. The evaluat10n shall consider the
seismicity information presented in appendix D of the
geologic evaluation report along with information obtained
from a site specific geotechnical evaluation. All
recommendations of the approved evaluation of seismically
induced settlement concerning grading and foundation design
shall be complied with.
Should any conditions be encountered during development that
appear in any way to be different from those described in
the geologic evaluation report com~leted by Leighton and
Associates, a gualified geolog1st shall be notified
concerning appropr1ate recommendations and mitigation.
EARTH RESOURCES REPORTING / MONITORING ACTION - SEISMIC
Prior to issuance of grading permits, setback lines shown on
the Geologic and Seism1c Report shall be surveyed and clearly
marked so that no encroachment can take place. Said survey
shall be filed with the Department of Building and Safety,
Engineering Department, and Planning Department, and incorp-
orated into the project file in the city Planning Department.
Prior to issuance o( occupancy permits, inspection for
compliance with the perameters of the "Recommendations"
section of the "Geologic Evaluation of Faulting, Proposed
WAL-MART Development, Northwest Corner of Highland Avenue And
Boulder Avenue, San Bernardino, California, dated November
28, 1990, prepared by Leighton and Associates; the seismic
code provision for the city of San Bernardino, and the latest
edition of the Uniform Building Code shall be made complete
and submitted in writing to the Department of Building and
Safety, and incorporated into the project file in the city
Plann1ng Department.
EARTH RESOURCES MITIGATION MEASURES - EARTH MOVEMENT
The proposed project grading operations will result in
approximately 20,000 cubic yards of cut and approximately
30,000 cubic yards of fill. An earth moving operation of
this size will result in potential impacts on the physical
environment (drainage, erosion, etc.) and on the community,
(dust, noise, etc. ) . Eng ineer ing Department Standard
Requirements pertaining to the compliance of all grading
activities with section 7012 (c) of the Uniform Building Code
"
will reduce these potential impacts to insignificance.
EARTH RESOURCES REPORTING / MONITORING ACTION
MOVEMENT,
Prior to the issuance of grading permits, the applicant shall
submit written approval of the city Public Services
Department for a truck hauling route and dust control
methods. Such written approval shall be noted on the file
check list and the approval shall be incorporated into the
project file in the city Planning Department.
EARTH
AIR RESOURCES MITIGATION MEASURES - HIGH WIND HAZARD
The proposed development is within the city's high wind
hazard area. Building and Safety Department Standard
Requirements regarding the design of the roof and structure
to withstand 110 mile per hour winds will reduce impacts to a
level of insignificance.
AIR RESOURCES REPORTING / MONITORING ACTION
Upon final acceptance of the developer's work in meeting the
Buildin9 and Safety Department Standard Require.ents
concern~ng the design of roofs and structures to withstand
110 mile per winds, the city Building and Safety Department
shall notify the Planning Department in writing of
compliance. The notice of compliance shall be incorporated
into the project file in the city Planning Department.
WATER RESOURCES MITIGATION MEASURES
The development of the JO+ acres of the site with a Shopping
center and associated parking will result in a change in
absorption rats, drainage patterns, and in the rates and
amount of surface runoff due to changes in the amounts of
permeable surfaces. Engineering Department Standard
Requirements concerning the conveyance of drainage runoff to
approved drainage facilities will apply.
WATER RESOURCES REPORTING / MONITORING ACTION
Upon final acceptance of the developer's work in meeting ~he
Engineering Department's Standard Requirements concern~ng
conveyance of site runoff and drainage to an approved
drainage facilit~" the City Engineering Department shall
notify the Plann~ng Department in writing of compliance. The
notice of com~liance shall be incorporated into the project
file in the c~ty Planning Department.
LAND USE MITIGATION MEASURES - FIRE
The site is located within Foothill Fire Zone "C". Project
compliance with Chapter 19.15 of the Development Code ap~ly
and will reduce the potential impacts resulting from flre
hazards to a level of insignificance.
LAND USE - FIRE / MONITORING ACTION
Upon acceptance of the developer's work in construction of
buildings in compliance with the provisions at Chapter 19:15
of the Development code, the Building and Satety Depart.ent
shall notify the city Planning Department in writing ot
compliance. The Planning Department shall retain such notice
in the project file.
HOUSING MITIGATION MEASURES - REMOVAL
The project entails the removal of one existing single-family
structure located on the site in the southwest corner. This
structure is less than 45 years old and is not significant.
The developer shall obtain the necessary building permits for
demolition and removal of the structure.
HOUSING - REMOVAL / MONITORING ACTION
Upon issuing the proper demolition permits for the removal at the
structure and upon acceptance of the developer's work, the
Building and Safety Department shall notify the city Planning
Department in writing of compliance with the permit. The
Planning Department shall retain such notice in the project
file.
TRANSPORTATION/CIRCULATION MITIGATION MEASURES - VOLUME
The project will result in a si9nificant increase in traffic
volumes on the roadways and lntersections near the subject
site. A site specific traffic impact study ot the proposal
was prepared by Linscott, Law' Greenspan, Engineers, and was
reviewed by the city Traffic Engineer.
To reduce the potential traffic impacts to a level of
insignificance, the following requirements will be included
as project conditions of approval.
1, The project shall include redesign and reconstruction of
the Highland Avenue at Boulder Avenue intersection to insure
adequate lane configuration for handling interim and ultimate
traffic volumes at the intersection.
2. Signalization of the Highland Avenue /Boulder Avenue
intersection.
J. signalization of Highland Avenue at the new dedicated
street (Proposed piedmont Avenue realignment).
4. For Highland
dedicated street
signing/striping
the approval of
shall show the
configurations
requirements.
Avenue at Boulder Avenue
(Piedmont realignment),
plan shall be submitted and
the City Traffic Engineer.
proposed interim and the
and signage. including
and the new
a conceptual
is subject to
The concepts
ultimate lane
road width
5. Restripping of
Piedmont realignment
approved plans.
6. Payment of traffic systems fee.
Highland Avenue at Boulder
at interim and ultimate,
Avenue
based
and
on
TRAFFIC/CIRCULATION - VOLUME / MONITORING ACTION
Upon acceptance of the develo~er's work, the Engineering
De~artment shall notify the C1ty Planning Department in
wr1ting of compliance. The Planning Department shall retain
such notice in the project file.
LAND USE MITIGATION MEASURES CULTURAL RESOURCES - HISTORICAL
SITE DESTRUCTION
The project site is located
archaeological resources.
inventory, and evaluation of
Archaeological Consulting.
The survey revealed that the project area is associated with
individuals and features of local historic significance.
The project area was first developed by William H. Randall, a
prominent figure in the develo~ment of early irrigation
s~stems and citrus agriculture 1n the early 1880'S, along
w1th his brother-in-law, william T. Noyes.
within an area
A cultural
the site was
of concern for
resource survey,
prepared by Hacko
There are what appear to be a few remnants of the irrigation
system, currently known as the Highland Ditch, developed by
these two pioneers. However, much of the Highland Ditch was
improved in 1940, thus altering its integrity.
Limited impact could potentially result to the Highland Ditch
from the extension of Piedmont Avenue. This impact should
not be considered a significant impact since the extension of
Piedmont will occur to an altered section of the Highland
Ditch. Potential impacts to historic artifacts in and around
the remains of the residential structures associated with the
Noyes and Randall family could result from grading.
. .
To reduce potential impacts to a level of insignificance, the
following mitigation applies.
1. The Hi9hland Ditch shall be avoided by development, with
the except10n of the extension of piedmont Avenue which will
bisect a previouslY altered section of the Ditch.
2. Grading in the area of the former original residential
structures of the Noyes and Randall families and in the area
of the estimated location of the city creek Ditch shall be
monitored by qualifie. archaeologists to recover artifacts
and further document the extent of subsurface remains not
visible in the surface survey.
CULTURAL RESOURCES - HISTORICAL SITE DESTRUCTION I MONITORING
ACTION
Upon final acceptance of the developer's work in implementing
a program to preserve the Highland Ditch except in the area
of the piedmont Avenue crossing, and the collection and
preservation of historic artifacts in the area of the Noyes
and Randall family structures and the area of the city creek
Ditch, the Engineering De~artment shall notify the city
planning Department in wr1ting of compliance. The planning
Department shall retain said notification of compliance in the
project file.
Any outside archaeologist called in to evaluate any buried
cultural artifacts found durin9 grading or construction shall
keep a log book of his activitles. copies of said log record
shall be given to the planning Department. The Planning
Department shall retain said log records in the project file.
CONCLUSION
This Mitigation Monitoring I Reporting Program shall be
retained by the city in the planning project File for
conditional Use permit No. 91-26, parcel Map No 13892 and
Development Agreement No. 91-02. As various mitigation
measures are fully implemented, their completion should be
documented by appropriate notation on the checklist provided
specificallY for this project. When all measures have been
confirmed as com~leted on the checklist, this Reporting I
Monitoring plan 1S complete.
CERTIFICATE OF COMPLIANCE
EXHIBIT "G"
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
CERTIFICATE OF COMPLIANCE
The City of San Bernardino, a municipal corporation, hereby certifies as follows:
Section 1. This Certificate of Compliance will constitute a conclusive determination of
satisfaction of the agreements, covenants, and obligations of Gatlin/Doerken
Developments and its successors and assigns, as provided in that certain
Development Agreement entered into between the City of San Bernardino and
Gatlin/Doerken Developments, as those agreements, covenants and obligations
relate to the herein described real property.
Section 2. The real property to which this Certificate of Compliance relates is that
certain land located in the City of San Bernardino, County of San Bernardino,
State of California, which is more particularly described as follows:
(Insert Legal Description of parcels covered by this Certificate of
Compliance)
DATED AND ISSUED THIS _ day of
,19_.
City of San Bernardino, a municipal
corporation
By: