HomeMy WebLinkAboutR26-Economic Development Agency
ECONOMIC DEVELOPMENT AGENCY
OF THE CITY OF SAN BERNARDINO
AND
SAN BERNARDINO CITY HOUSING AUTHORITY
ORIGINAL
FROM: Maggie Pacheco
Deputy Director
SUBJECT: Property Owner Participation Agreement (OP A) -
Meadowbrook Park Revitalization Area and
Resolution Rescinding SBHA 2005-03 Resolution of
Public Interest and Necessity of Acquisition of Real
Property located at the northwest corner of Allen
Street and Rialto Avenue, San Bernardino, California
DATE: September 9, 2005
___U_n____n___________h__________________n_n_u_~_________________n_n_n_n_n____________n_h_n_n_n_________n_n_n_n_n_n________________._________n__________________._____.n____________________._______
Svnopsis of Previous Commission/Council/Committee Action(s):
On February 3, 2003, the Community Development Commission approved the Single Fami]y Meadowbrook Grant Agreement
between the Agency and ANR Industries, Inc. ("Grant Agreement") for the development of 23 single family homes in the area
bounded by Sierra Way and Allen Street, 2nd Street and Rialto Avenue (Phase I - "Project"), commonly referred to as the
Meadowbrook Area.
On May] 7, 2004, the San Bernardino City Housing Authority ("Authority") and the Redevelopment Agency entered into a
Redevelopment Cooperation Agreement in order for the Authority to assist the Agency in fu]filling its obligations under the
Grant Agreement with ANR Industries, Inc., also referred to as Meadowbrook Homes, Inc., and to facilitate the development of
affordable housing in the Meadowbrook Area.
On January 10, 2005, the Community Development Commission approved the 2005 Meadowbrook Single Family Residential
Development Agreement ("2005 Agreement") with Meadowbrook Homes, Inc. for the development of eight (8) more single
family homes in the Meadowbrook Area.
Recommended Motion(s):
(Community Development Commission)
A: Resolution of the Community Development Commission of the City of San Bernardino approving and authorizing the
Executive Director of the Redeyelopment Agency of the City of San Bernardino ("Agency") to execute the 2005 Property
Owner Participation Agreement by and between the Redevelopment Agency of the City of San Bernardino and Bonnie
S. Johnson ("Owner") for the development of three (3) single family homes on the property located on the northwest
corner of Allen Street and Rialto Avenue (APN: 0]35-292-39) ("Property") (Meadowbrook Park Revitalization Area)
(San Bernardino City Housinl! Authority)
B: Resolution of the San Bernardino City Housing Authority making certain findings with respect to the use of certain
Property for residential development in the Meadowbrook Park Revitalization Area and rescinding Housing Authority
Resolution No. SBHA 2005-03 adopted June 20, 2005 related to the land located at the northwest corner of Allen Street
and Rialto Avenue, San Bernardino, California, APN 0135-292-39 ("Property")
Contact Person(s):
Gary Van asdel/Maggie Pacheco
IVDA Redevelopment Project Area
Phone:
(909) 663-] 044
Project Area(s)
Ward(s):
Supporting Data Attached:
FUNDING
REQU]REMENTS
III Staff Report III Resolution(s) III Agreement(s)/Contract(s) III Map(s) D Letters
Amount: $
N/A
Source:
Budget Authority:
,
SIGNATURE: f:!vc
::ft. RJ~)
/0/:/ os-'
Agel
ECONOMIC DEVELOPMENT AGENCY
STAFF REPORT
PROPERTY OWNER PARTICIPATION AGREEMENT (OPA)
MEADOWBROOK PARK REVITALIZATION AREA AND RESOLUTION RESCINDING
SBHA 2005-03 RESOLUTION OF PUBLIC INTEREST AND NECESSITY OF ACQUISITION
OF REAL PROPERTY LOCATED AT THE NORTHWEST CORNER OF ALLEN STREET
AND RIAL TO AVENUE, SAN BERNARDINO, CALIFORNIA
BACKGROUND/CURRENT ISSUE:
On January 3, 2003, the Community Development Commission approved the Meadowbrook Single
Family Residential Development Grant Agreement with ANR Industries, Inc. (ANR), for the
development of twenty-three (23) new single-family homes (Phase I). ANR has since completed the
construction, sold nineteen (19) new homes and acquired more properties for development in the area
bounded by Sierra Way, Waterman Avenue, 2nd Street, and Rialto Avenue ("Target Area"). With the
assistance from the Agency and Housing Authority, Meadowbrook Park Homes, Inc. (a subsidiary of
ANR Industries, Inc.) has acquired additional properties for the Phase lA, development of eight (8)
additional new homes, under the 2005 Meadowbrook Single Family Residential Development Agreement
approved by the Community Development Commission on January 10, 2005.
On February 2, 2004, the Community Development Commission and the Housing Authority directed
Agency Staff to proceed with the acquisition of various properties located within the Target Area. Offers
to acquire were sent out to property owners after the appraised value of each property was determined.
Bonnie S. Johnson, Owner of the vacant property located on the northwest comer of Allen Street and
Rialto A venue ("Property") (See attached map 1) elected not too sell the Property to the Agency, but
rather undertake the development of her Property. As a compromise, on April 22, 2005, Staff sent a
Property Owner Participation Agreement (OPA) for execution by the Owner to allow for the development
of the Property in lieu of the Housing Authority exercising its powers of condemnation. The Owner did
not return an executed OP A to Agency Staff.
On June 20, 2005, the San Bernardino City Housing Authority adopted Resolution 2005-03, a Resolution
of Public Interest and Necessity to proceed with condemnation within 30 days from the date of the
adoption of said Resolution, relative to the property located at the northwest comer of Allen and Riaito
(the "Property") in order to give Staff and the Owner, Ms. Bonnie Johnson an opportunity to work out the
terms and conditions of an Owner Participation Agreement. Should the Owner execute the Property
Owner Participation Agreement (OPA), then the Agency would delay taking any further condemnation
action until the terms and conditions of the OP A were met by the Owner. Although the Owner did not
sign the OP A exactly within the 30 days, the Owner did finally agree to the terms and conditions of the
OPA and executed said OPA on July 26,2005.
By executing the OP A, the Owner has agreed to comply with the development design standards approved
for the Target Area by the Planning Commission as per the schedule in the OPA. The proposed three (3)
single family homes must each be at least 1,500 square feet in size with three (3) bedrooms and two (2)
baths with an attached garage similar to ANR's Plan C Spanish and Craftsman's development style (See
attached) ("Project"). The OPA requires that Ms. Johnson, at her expense, procure appropriate plans for
construction for the Project within three (3) months of the execution of an OPA; obtain all necessary
P\Agendas\Housing Authority\05-09-19 JohnSOll OPA & Rescinding Reso SR. doc
COMMISSION MEETING AGENDA
Meeting Date: 09/19/2005
t);)U
Agenda Item Number: ~
Economic Development Agency Staff Report
Johnson OPA and Rescinding Resolution
Page 2
permits and authorizations to proceed with construction from the City within six (6) months; commence
construction of the Project within nine (9) months; and complete the construction of the Project per City
zoning and building regulations; last but not least, Ms. Johnson, must sell the Project to Homebuyers that
commit in writing, to live in the home as their primary residence no later than eighteen (18) months from
the effective date of the OP A. Should Ms. Johnson fail to comply with the provisions of the OP A, the
Agency will retain its legal right to exercise its' power of condemnation pursuant to the terms of the
Cooperation Agreement between the Agency and the Housing Authority. Since Ms. Johnson has executed
the OPA, the Resolution No. SBHA 2005-03 adopted on June 20, 2005 is no longer needed and it is
recommended that the resolution be rescinded.
ENVIRONMENTAL IMP ACT:
The proposed OP A and Rescinding Resolution described above are categorically exempt under the
California Environmental Quality Act ("CEQA"), Section 15332, Class 32. The OPA requires the Owner
to develop three infill housing units where the Property enjoys full utility services, abuts a dedicated and
fully improved public street. The development of the infill homes will be consistent with the City's
General Plan and Zoning. Accordingly, a Notice of Exemption for the infill homes under CEQA Section
15332, Class 32 will be filed with the County Clerk.
FISCAL IMPACT:
There is no fiscal impact to the Housing Authority as a result of this action, the Owner is responsible for
the construction cost of developing the three (3) single family homes.
RECOMMENDATION:
That the Community Development Commission and the San Bernardino City Housing Authority adopt
the attached Resolutions.
P:\Agendas\Housing Authorily\05-09-19 Johnson OPA & Rescinding Rcso SR,doc
COMMISSION MEETING AGENDA
Meeting Date: 09/19/2005
Agenda Item Number: J(-;l Lf
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RESOLUTION NO.
t(Q)~lf'
2
RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO APPROVING AND AUTHORIZING
THE EXECUTIVE DIRECTOR OF THE REDEVELOPMENT AGENCY OF
THE CITY OF SAN BERNARDINO ("AGENCY") TO EXECUTE THE 2005
PROPERTY OWNER PARTICIPATION AGREEMENT BY AND
BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF SAN
BERNARDINO AND BONNIE S. JOHNSON ("OWNER") FOR THE
DEVELOPMENT OF THREE (3) SINGLE FAMILY HOMES ON THE
PROPERTY LOCATED ON THE NORTHWEST CORNER OF ALLEN
STREET AND RIAL TO A VENUE (APN: 0135-292-39) ("PROPERTY")
(MEADOWBROOK PARK REVITALIZATION AREA)
3
4
5
6
7
8
9
WHEREAS, on January 3, 2003, the Community Development Commission approved
the Meadowbrook Single Family Residential Grant Agreement ("2003 Agreement") with ANR
Industries Inc., ("Developer") for the development of twenty-three (23) new single family
10
11
12
homes for sale and occupancy by homebuyers ("New Homes"); and
13
WHEREAS, ANR Industries Inc., through its subsidiary Meadowbrook Park Homes
14
Inc., ("Developer") have constructed and sold the New Homes in fulfilling its obligation under
IS
the approved Meadowbrook Single Family Residential Grant Agreement; and
WHEREAS, on January 10,2005, the Community Development Commission approved
the 2005 Meadowbrook Single Family Development Agre~ment with the Developer
("Agreement") for the development of eight (8) additional new homes for sale and occupancy
by homebuyers; and
WHEREAS, the Redevelopment Agency of the City of San Bernardino (the "Agency")
has embarked on a program to acquire properties in the Meadowbrook Park Revitalization Area
in order to prevent and eliminate the spread of blight and provide for the expansion of the
community's supply of affordable housing for persons and families of low and moderate income
and to provide for the relocation of persons and households occupying substandard dwelling
16
17
18
19
20
21
22
23
24
units into safe, sanitary and decent housing; and
25
WHEREAS, the Agency has identified certain properties for acquisition and assembly
for future development of affordable infill housing within the Meadowbrook Park Revitalization
-1-
r:\Alendas\RttloluliGpJ\ResolutionsIJ005\05-09-19 Jobsoll orA CDC Rtso.doc
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3
4
5
6
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8
9
10
II
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IS
Area, which would include acquisition by exercising the power of condemnation pursuant to the
Eminent Domain Law, Code ofCiv. Proc. Section 1230.010 et seq.; and
WHEREAS, Bonnie S. Johnson is the owner (the "Owner") of the property located on
the northwest comer of Allen Street and Rialto Avenue, (APN: 0135-292-39) (the "Property") is
among the properties identified for possible acquisition and the Owner has represented to the
Agency that in lieu of the Agency, through the San Bernardino City Housing Authority,
exercising the powers of condemnation pursuant to Eminent Domain Law, the Owner shall
construct or caused to be constructed, three (3) single family homes which shall be owned and
occupied by purchasers who agree in writing to occupy the Property as their primary residence;
and
16
WHEREAS, the Agency and the Owner are amenable to entering into the Property
Owner Participation Agreement (OP A) to set forth the respective duties of the parties regarding
the development of the Property by the Owner in compliance with the approved Design
Standards and Schedule of Performance specified in the OP A.
NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION OF THE
CITY OF SAN BERNARDINO DOES HEREBY RESOLVE, DETERMINE AND ORDER,
AS FOLLOWS:
Section 1. The Community Development Commission hereby approves the 2005
Property Owner Participation Agreement ("Agreement") with Bonnie S. Johnson for the
Meadowbrook Park Revitalization Area in the form as presented at the meeting of the
Commission at which this Resolution is adopted and hereby authorizes the Executive Director
to execute the Agreement on behalf of the Agency.
Section 2. The Community Development Commission hereby find and determine
that the environmental review of the OP A contemplated hereunder is "categorically exempt" for
the reasons indicated in the Staff Report. No potentially adverse environmental effects are
anticipated to be associated with the OP A based upon its own independent review of the
information provided to the Community Development Commission regarding the OP A, and the
17
18
19
20
21
22
23
24
25
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P:\AIIDda.\Rnelutiou\RelOlutloa.\J.OO5\OS-O"'19 J.b,n orA CDC Rne.doc
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3
4
5
6
Community Development Commission hereby authorizes the filing of a Notice of Exemption
under CEQA Section 15332, Class 32.
Section 3. The Executive Director of the Agency is hereby authorized to make
minor corrections, additions, clarifications, interpretations to the Agreement, provided said
changes are not substantive in nature, do not increase the monetary impact to the Agency, if
applicable, and are consented to by Agency Counsel.
The Resolution shall become effective immediately upon its adoption.
Section 4.
7
III
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III
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III
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III
II
III
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III
13 III
14 III
15 III
16 III
17 III
18 III
19 III
20 III
21 III
III
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/II
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III
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/II
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P:\Accndas\Rnolutionl\ResoIQlions\2005\OS-09.19 JohnlOn orA CDC RelO.doc
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8
RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO APPROVING AND AUTHORIZING
THE EXECUTIVE DIRECTOR OF THE REDEVELOPMENT AGENCY OF
THE CITY OF SAN BERNARDINO ("AGENCY") TO EXECUTE THE 2005
PROPERTY OWNER PARTICIPATION AGREEMENT BY AND
BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF SAN
BERNARDINO AND BONNIE S. JOHNSON ("OWNER") FOR THE
DEVELOPMENT OF THREE (3) SINGLE FAMILY HOMES ON THE
PROPERTY LOCATED ON THE NORTHWEST CORNER OF ALLEN
STREET AND RIALTO AVENUE (APN: 0135-292-39) ("PROPERTY")
(MEADOWBROOK PARK REVITALIZATION AREA)
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the
9 Community Development Commission of the City of San Bernardino at a
10 meeting thereof, held on the day of
11 Commission Members: Aves Navs
ESTRADA
12
LONGVILLE
13
MCGINNIS
14
DERRY
15 KELLEY
16 JOHNSON
17 MC CAMMACK
18
, 2005, by the following vote to wit:
Abstain
Absent
Secretary
19
20 The foregoing resolution is hereby approved this
21
22
day of
,2005.
Judith Valles, Chairperson
Community Development Commission
of the City of San Bernardino
23
24 Approved as to form and Legal Content:
25
By:
t2 . .' .
I ' . .
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Agency GEunsel
-4-
r:lAj:.aduIKao_.,IoIlSlZ005105.119-\, J....... orA CDC I1tro.do<
RESOLUTION NO.
2
RESOLUTION OF THE SAN BERNARDINO CITY HOUSING
AUTHORITY MAKING CERTAIN FINDINGS WITH RESPECT TO THE
USE OF CERTAIN PROPERTY FOR RESIDENTIAL DEVELOPMENT IN
THE MEADOWBROOK PARK REVITALIZATION AREA AND
RESCINDING HOUSING AUTHORITY RESOLUTION NO. SBHA 2005-03
ADOPTED JUNE 20,2005 RELATED TO THE LAND LOCATED AT THE
NORTHWEST CORNER OF ALLEN STREET AND RIAL TO AVENUE,
SAN BERNARDINO, CALIFORNIA, APN 0135-292-39 ("PROPERTY")
3
4
5
6
7
WHEREAS, the San Bernardino City Housing Authority, a public body corporate an
politic (the "Authority") has previously adopted Resolution No. SBHA 2005-03, dated June 20
2005 entitled:
8
9
10
"Resolution of the San Bernardino City Housing Authority declaring the public
11
interest and necessity of acquisition of real property by the San Bernardino
12
City Housing Authority over the property located at the northwest comer of Allen
13
Street and Rialto Avenue, San Bernardino, California (APN# 0135-292-39) in the
14
Inland Valley Development Agency Redevelopment Project Area"; and
15
WHEREAS, the Authority's Resolution No. SBHA 2005-03 affects the property locate
16
at the northwest comer of Allen Street and Rialto A venue, San Bernardino, California (th
17
"Property"); and
18
WHEREAS, soon after the Authority adopted Resolution No. SBHA 2005-03, Bonnie S
19
Johnson (the "Property Owner") executed the 2005 Property Owner Participation Agreemen
20
(OPA) by and between the Redevelopment Agency of the City of San Bernardino (th
21
"Agency") and Property Owner indicating a desire to develop three (3) single family home
22
("Homes") on the Property and that the Homes will be constructed in conformance with the Cit
23
guidelines set forth in the Development Permit III No. 03-34 as previously approved by th
24
Planning Commission on November 18, 2003 for the Meadowbrook Park Revitalization Area.
25
and
4835-6121-9072.1
P \.Aamdu\Hol,lsina AlIlhority\05-0Q-19 RCS(inding B.Johnson Reso,doc
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WHEREAS, Meadowbrook Park Homes, Inc. (the "Developer") and the Redevelopmen
2 Agency of the City of San Bernardino (the "Agency") have previously entered into an agreemen
3 entitled "2005 Meadowbrook Single Family Residential Development Agreemen
4 (Meadowbrook Neighborhood Restoration Area)", dated as of January 10, 2005 (the "200
5 Meadowbrook Agreement"), pursuant to which Developer agreed to undertake construction an
6 development of new single family homes within the area described in the 2005 Meadowbroo
7 Agreement as the "Meadowbrook Neighborhood Revitalization Area"; and
8 WHEREAS, the Property is situated in the Meadowbrook Neighborhood Revitalizatio
9 Area and the Property Owner has agreed to develop three (3) new single family homes for sal
10 and occupancy by homeowners (the "Project") and to compliment the efforts of the Agency t
11 eliminate conditions of blight in the Meadowbrook Neighborhood Revitalization Area.
12 NOW, THEREFORE, IT IS HEREBY RESOLVED, DETERMINED AND ORDERED
13 BY THE SAN BERNARDINO CITY HOUSING AUTHORITY, AS FOLLOWS:
Section 1.
The Authority hereby acknowledges receipt of the 2005 Property Owner
14
15 Participation Agreement (OPA) by and between the Agency and Bonnie S. Johnson (dated July
16 26,2005) as it relates to the development of the Property.
Section 2.
The Authority hereby finds and determines that the construction of the
17
18 Project on the Property by the Property Owner and the sale of the Project by the Property
19 Owner to homebuyers will substantially promote the goals and objectives of the Agency and
20 the Authority in achieving the redevelopment of the Meadowbrook Neighborhood
21 Revitalization Area, which shall increase the supply of new single family homes in the
22 community and shall promote new home ownership in the Meadowbrook Park Neighborhood
23 Revitalization Area by all economic segments of the community. In view of the foregoing. the
24 Authority further finds and determines that its actions to acquire the Property are no longer
25 necessary, provided that the Property Owner causes the Property to be improved in compliance
4835.6121.9072.1
P-\AJmdas\Housan,. AUlhority\OS-09-19 Rescinciina 8_Johnson Reso doc
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with the terms of the OP A.
2
Section 3.
The Authority hereby rescinds Resolution No. SBHA 2005-03 and
3 declares that such resolution is of no further force and effect. No further proceedings for the
4 acquisition of the Property by the Authority shall be taken pursuant to Authority Resolution No.
5 SBHA 2005-03, or other previous direction of the Authority; provided, however, that the
6 rescission of Authority Resolution No. SBHA 2005-03 shall be without prejudice to prospective
7 actions of the Authority in the event that the Property may not hereafter be improved and
8 offered for sale as three (3) new single-family homes within the period of time stated in the
9 OPA.
10
Section 4.
The Authority hereby find and determine that the environmental review
11
of the OP A and the Rescinding Resolution contemplated hereunder is "categorically exempt"
12
for the reasons indicated in the Staff Report. No potentially adverse environmental effects are
13
anticipated to be associated with the OP A and Rescinding Resolution based upon its own
14
independent review of the information provided to the Authority regarding the OPA and
Res,cinding Resolution, and the Authority hereby authorizes the filing of a Notice of Exemption
under CEQA Section 15332, Class 32 relating to the OPA and Rescinding Resolution.
15
16
17 Section 5.
18 III
19 III
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III
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III
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23 III
24 III
25 III
The Resolution shall become effective immediately upon its adoption.
4835-6121-9072.1
P;\Agendas\Housing Authority\05-09-19 Rescinding BJohnson Rcso.doc
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2
RESOLUTION OF THE SAN BERNARDINO CITY HOUSING
AUTHORITY MAKING CERTAIN FINDINGS WITH RESPECT TO THE
USE OF CERTAIN PROPERTY FOR RESIDENTIAL DEVELOPMENT IN
THE MEADOWBROOK PARK REVITALIZATION AREA AND
RESCINDING HOUSING AUTHORITY RESOLUTION NO. SBHA 2005-03
ADOPTED JUNE 20, 2005 RELATED TO THE LAND LOCATED AT THE
NORTHWEST CORNER OF ALLEN STREET AND RIAL TO AVENUE,
SAN BERNARDINO, CALIFORNIA, APN 0135-292-39 ("PROPERTY")
3
4
5
6
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the S
7 Bernardino City Housing Authority at a
meeting thereof, held on the _ da
8 of
9 Commissioners:
10 ESTRADA
11 LONGVILLE
12 MCGINNIS
13 DERRY
14 KELLEY
15 JOHNSON
16 MC CAMMACK
17
18
19
, 2005, by the following vote to wit:
Abstain
Absent
Nays
Ayes
Secretary, San Bernardino City Housing
Authority
20 The foregoing resolution is hereby approved this
day of
,2005.
21
22
23
Judith Valles, Chairperson
San Bernardino City Housing Authority
24
Approved as to form and Legal Content:
25
.'.. J-,.,./
t-~/.,,;.'.fA..~: J.. ',""
" . "./ ..~, ..;f
Authority Legal Counsel
.;: if,
By:
4835-6121-9072.1
P-\Agc'Ildas\Housing Aulhorily\05-09-19 Rescinding BJolmson R($O doc
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REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO
2005
PROPERTY OWNER PARTICIPATION AGREEMENT
(Johnson et al.)
THIS 2005 PROPERTY OWNER P ARTICIP ATION AGREEMENT (the "Agreement")
is dated as of July 26,2005, by and among Bonnie S. Johnson (the "Owner") and the Redevelopment
Agency of the City of San Bernardino, a public body corporate and politic (the "Agency"), and this
Agreement is entered into with respect to the following facts:
RECITALS
WHEREAS, the Owner owns the land (APN: 0135-292-39) situated on the northwest corner
of Allen Street and Rialto A venue, San Bernardino, California 92408 (the "Property"). The general
location of the Property is shown on a vicinity map and legal description attached as Exhibit "A" and
is incorporated by this reference; and
WHEREAS, the Agency is in the process ofidentifying certain properties for acquisition and
assembly for the future development of affordable infill housing in the Meadowbrook Park
Revitalization Project Area within the Inland Valley Development Agency ("IVDA")
Redevelopment Project Area in order to help eradicate blight and provide needed affordable housing,
which could include acquisition by exercise of the power of condemnation pursuant to the Eminent
Domain Law, Code ofCiv. Proc. Section 1230.010 et seq.; and
WHEREAS, the Agency is interested in including the Property as part of the aforementioned
infill housing project development; and
WHEREAS, the Owner has represented to the Agency that, in lieu ofthe Agency exercising
the powers of condemnation pursuant to the Eminent Domain Law, the Owner shall construct, or
cause to be constructed, three (3) single family homes (SFR) to be owned and occupied by the
purchasers; and
WHEREAS, the Agency and the Owner (the Agency and the Owner are sometimes referred
to herein as the "Parties") are amenable to entering into this Agreement to set forth the respective
duties of the Parties regarding the development ofthe Property by the Owner in lieu of condemnation
of the Property by the Agency.
NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL PROMISES AND
COVENANTS OF THE PARTIES, THE OWNER FOR THEMSELVES AND THEIR
SUCCESSORS AND ASSIGNS, AND THE AGENCY FOR ITSELF AND ITS SUCCESSORS
AND ASSIGNS, AGREE:
4822-2026-7776.1
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Section 1. Recitals. The matters set forth in the Recitals ofthis Agreement are true and
correct and are material elements to the fonnation of this Agreement.
Section 2. Effective Date of Allreement. This Agreement shall take effect following its
approval by the Agency and execution by the parties.
Section 3. Covenant of the Owner to Construct Sinllle Familv Residential Units
("SFR") on the Property. Subject to the tenns of this Agreement, the Owner covenant and agree as
follows:
(a) Within three (3) months of the Effective Date of this Agreement, the Owner shall
have, at the Owner' sole cost and expense, procured appropriate plans for the
construction and installation of up to three (3) SFR units each with three (3)
bedrooms, two (2) bathrooms and a two (2) car garage in confonnance with the
approved DP III No. 03-34 (Exhibit "C") on the Property to be sold for occupancy by
the purchasers or owner occupants (the "Plans"). The Plans shall be subject to the
review and written approval of the Agency;
(b) Within six (6) months of the Effective Date of this Agreement, the Owner shall, at
the Owner' sole cost and expense, obtain all necessary pennits and authorizations to
proceed with the construction and installation of the SFR units on the Property from
the City and/or any other agency having jurisdiction over the construction and
development of the Property;
(c) Within nine (9) months of the Effective Date of this Agreement, the Owner shall
have commenced, construction of the SFR units on the Property;
(d) Within eighteen (18) months of the Effective Date of this Agreement, and in
consideration of the Agency's agreement not to exercise its power of condemnation
of the Property, the Owner shall construct and complete at the Owner' sole cost and
expense, three (3) single family residences on the Property, in accordance with all
applicable zoning and building regulations of the City;
(e) The Owner agrees to allow the Agency or its agents upon prior notice at reasonable
times to inspect 1) the building plans for the construction of the SFR units on the
Property and 2) the progress of construction of the SFR units on the Property to
ensure that the construction and installation of the SFR units on the Property is
occurring on a timely schedule and to the reasonable satisfaction of the Agency.
(f) The Owner agrees that the completed SFR units will be sold only to purchasers that
promises in writing to occupy the SFR units as their primary residence. The Owner
agree that the Property shall not be rented, and that no person shall occupy the SFR
units, prior to sale to a purchaser that intends to occupy the SFR as a primary
residence.
4822-2026-7776.1
PI \Clerical Service. Dept \Nanna \ACquiaitionll\Meaclowbrook (Blue) \4:005 \OS - 04 -19 Owner PArticipation Agre~nt - B. JoMlMm.cioc
2
Section 4. Al!:encv Not to Request or Assist Rousinl!: Authority to Acquire PropertY.
As the sole, exclusive and complete consideration for the Owner' covenants and performance
obligations as described in Section 3, the Agency agrees that for the period described in Section 3(d),
above, the Agency shall not request, authorize or assist the Housing Authority to commence
proceedings to acquire the Property by way of the exercise of condemnation powers of the Housing
Authority for affordable housing development and operation purposes pursuant to the Eminent
Domain Law, CodeofCiv. Proc. Section 1230.010 et~. TheAgencyherebyacknowledgesthatin
the event of a default on the part of the Owner with respect to any of the provisions described in
Section 3, the Agency may exercise any lawful remedies on its part, including, but not limited to, the
acquisition of the Property by eminent domain.
Section 5. Defaults and Breach - General. Failure or delay by either party to perform
any material term or provision of Section 3 and Section 4 of this Agreement shall constitute a default
under this Agreement; provided however, that ifthe party who is otherwise claimed to be in default
by the other party under Section 3 or Section 4 of this Agreement commences to cure, correct or
remedy the alleged default within thirty (30) calendar days after receipt of written notice specifying
such default and shall diligently complete such cure, correction or remedy, such party shall not be
deemed to be in default.
The party that claims a default has occurred shall give written notice of default to the party in
default, specifying the alleged default. Delay in giving such notice shall not constitute a waiver of
any default nor shall it change the time of default; provided, however, the injured party shall have no
right to exercise any remedy for a default without delivering the written default notice.
Any failure to delay by a party in asserting any of its rights and remedies as to any default
shall not operate as a waiver of any default or of any rights or remedies associated with a default.
Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the
rights and remedies of the parties are cumulative and the exercise by either party of one or more of
such rights or remedies shall not preclude the exercise by it, at the same or different times, of any
other rights or remedies for the same default or any other default by the other party.
In the event that a default of either party may remain uncured for more than thirty (30)
calendar days following written notice, as provided above, a "breach" shall be deemed to have
occurred. In the event of a breach, the party who is not in default shall be entitled to seek any
appropriate remedy or damages by initiating legal proceedings.
Section 6. Covenants Runninl!: With the Land. The provisions of this Agreement shall
be covenants that run with the land and the Property for a term of twenty four (24) months from the
date of approval of this Agreement by motion or resolution of the Agency, as applicable. This
Agreement is expressly declared by the parties to be for the benefit of the Property and the IVDA
Redevelopment Project Area.
4822-2026-7776.1
PI\Cle~ic.l Service. Dept\w...na\Acquieition8\Meadowbl"ook IBlue}\:2005\05-04-19 Owner Participation Agreement-B.John8on.doc
3
Section 7.
Termination of Ae:reement.
(a) Provided that the Owner is not in default under the Agreement, the Owner may jointly
terminate this Agreement at hislher discretion for any reason within the first nine (9) months
following the effective date and before the commencement of construction of the improvements of
the SFR units on the Property, as provided in Section 3, by serving written notice of termination of
the Agreement to the Agency which specifically refers to this Section 7 (a) of the Agreement. Upon
receipt by the Agency of such written notice of termination, and provided the Owner is not then in
default, the Parties shall be mutually released from any further obligation that arises under this
Agreement and the Agency shall have the discretion to cause the Property to be redeveloped for
affordable housing purposes by other applicable law.
(b) The Agency may terminate this Agreement at its discretion upon serving written
notice of termination of the Agreement to the Owner that specifically refers to this Section 7(b) of
the Agreement, in the event that the construction of the SFR on the Property has not been timely
commenced for any reason within nine (9) months following the approval of this Agreement by the
Agency. Upon receipt by the Owner of such written notice of termination, the Parties shall be
mutually released from any further obligation that arises under this Agreement and provided the
Owner is not then in default, the Parties shall be mutually released from any further obligation that
arises under this Agreement and the Agency shall have the discretion to cause the Property to be
redeveloped for affordable housing purposes by other applicable law.
Section 8. Representations and Warranties of the Owner. The Owner makes the
following representations and warranties to the Agency and the Owner acknowledges that execution
of this Agreement by the Agency is made in material reliance by the Agency on such representations
and warranties:
(I) Owner has the legal right, power and Agency to enter into this Agreement, and the
instruments and documents referenced herein and the Owner has taken all requisite
action and obtained all requisite consents in connection with entering into this
Agreement;
(2) This Agreement has been duly executed by the Owner and shall be enforceable in
accordance with its terms;
(3) Execution of this Agreement shall not result in a breach of, nor constitute a default
under any other agreement, document, instrument or other obligation to which the
Owner is a party, or under law, statute, ordinance, rule, governmental regulation or
any writ, injunction, order or decree of any court or governmental body applicable to
the Owner, or any of them, or to the Property;
(4) Owner jointly owns the fee title interest in the Property, subject only to the matters of
record disclosed to the Agency;
4822.2026-1776.1
PI\Clerical Servicu Dept\w..ana\Acquidtiona\Meadowbrook (Blue) \2005\05-04-19 Owner participation Agree.ent.B.Johnaon.cioc
4
(5) Owner has the funds available to them to undertake the construction and installation
of the SFR on the Property;
(6) Owner shall carry out the construction of all improvements on the Property in
conformity with all applicable laws, zoning ordinances and building codes; and
(7) Owner shall, at their own cost and expense, secure or shall cause to be secured, any
and all permits that may be required by the City or any other governmental entity
having jurisdiction over the construction ofSFR units on the Property.
Section 9. Owner Indemnitv. The Owner agrees to indemnify and hold the Agency, its
officials, officers, attorneys, employees and agents, harmless from and against all damages,
judgments, costs, expenses and attorney's fees arising from or related to any act or omission of the
Owner, or any of them, in perfonning their obligations hereunder. The Agency shall give the Owner
a written notice of the occurrence of a claim, litigation or other matters for which the Agency may
seek indemnity under this Section 9 as promptly as practicable following the Agency's knowledge of
the occurrence of such matter, and the Agency shall reasonably cooperate with the Owner in the
defense of any such claim or matter and shall not take any action that would adversely affect the
Owner' defense of such matter.
Section 10. Owner Insurance. The Owner shall furnish, or shall cause to be furnished, to
the Agency duplicate originals or appropriate certificates of comprehensive general liability
insurance in the minimum amount of One Million Dollars ($1,000,000.00) combined single limit,
naming the Agency and the City as additional insureds. Such insurance shall cover comprehensive
general liability including, but not limited to, contractual liability; acts of subcontractors; premises-
operations; explosion, collapse and underground hazards, if applicable; broad fonn property damage,
and personal injury including libel, slander and false arrest. In addition, the Owner shall provide to
the Agency adequate proof of worker's compensation insurance coverage for its employees. Any
and all insurance policies required hereunder shall be obtained from insurance companies admitted in
the State of California and rated at least B+/ (viii) in the most current edition of the Best's Kev
Rating Guide: Property-Casualty. All such insurance policies shall provide that they may not be
canceled unless the Agency receives written notice of cancellation at least thirty (30) calendar days
prior to the effective date of cancellation. Any and all insurance obtained by the Owner hereunder
shall be primary to any and all insurance which the Agency may otherwise carry, including self
insurance, which for all purposes of this Agreement shall be separate and apart from the
requirements ofthis Agreement. Any and all insurance required hereunder shall be maintained and
kept in force until end of the tenn of the construction covenants as set forth in Section 3 of this
Agreement.
Section 11. Notice of Memorandum of A2reement. The parties agree and declare that
the successors and assigns of each shall be bound by the tenns ofthis Agreement. The parties shall
execute and the Agency shall cause to be recorded a Notice of Memorandum of this Agreement
substantially in the fonn as attached hereto as Exhibit "B" and incorporated by this reference.
4822-2026-7776.1
PI\Clerical Service8 Dept\w.u,na\Acquisitione\MeadowbrooJt (Blue)\~005\OS~O"'.U Owner Participation Agreelllent...Johneon.cSoc
5
THIS 2005 PROPERTY OWNER PARTICIPTION AGREEMENT is dated as of Julv26.
2005, and this Agreement shall have no force or effect unless it has been approved by the governing
body of the Agency and fully executed by the parties. This Agreement may be executed in
counterparts on behalf of the parties by their authorized offices whose signatures appear below.
Date: q ( 1'-3/05
OWNER
~.~.9~
Bonnie S. Johnson
AGENCY
Redevelopment Agency
of the City of San Bernardino,
a public body corporate and politic
Date:
By:
4822-2026- m6.1
PI \Clerical ServiceI Dept \Haeana \Acquieitiona\Meadowbrook (Blue) \2005 \OS - 04 - 19 Owner panic:ipation Agreement -8 . John.on . doc
7
EXHIBIT "A"
Vicinity Map and Legal Description of the Property
4822-2026-7776.1
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FileNo: 07101981
. EXHIBIT "A"..
All that certain real prope~ situated hi th~ County of San Bernardino, State of
Cattf~la, desaibed .as follows: . . . " "
PARCel A:
lot 14, Block "A" of the Daley Tract, in the City of San Bernardino, CountyClf San
Bernardino, State of California, as per map recorded In Book 6, page(s) 34, of
Maps, in the office of the County Recorder of San Bernardino County.
PARCEL B:
Lot 15, Block "A" of the Daley Tract, in the City of San Bernardino, County" of San
Bernardino, State of California, as per map recorded In Book 6, page(s) 34, of
Maps,dln the office of the County Recorder of San Bernardino County.
PARCEL C:
Lots 22, 23 and 24, Block "A" of the DC!ley Tract, In the City of San Bernardino, .
County of San Bernardino, State of California,.as per map. recorded In Book 6,
page(s) 34, of Maps, In the office of the County Recorder of San Bernardino
Count:'( .
'.'., . ". -'
..
EXHIBIT "B"
Notice of Memorandum of Agreement
4822-2026-7776.1
RECORDING REQUESTED BY,
AND WHEN RECORDED MAIL TO:
Redevelopment Agency of
the City of San Bernardino
201 North "E" Street, Suite 301
San Bernardino, CA 92401
Space Above Line for Use by Recorder
Recording Fee Exempt Pursuant to Government Code Section 6103
MEMORANDUM OF AGREEMENT
THIS MEMORANDUM OF AGREEMENT ("Memorandwn") is dated as of July 26,2005, by
the REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, a public body corporate
and politic (the "Agency"), and BONNIE S. JOHNSON (the "Owner").
1. Covenant to Construct Single Family Residences ("SFR") on the Property. Upon the
terms and subject to the conditions set forth in that certain "Redevelopment Agency of the City of San
Bernardino 2005 Property Owner Participation Agreement" ("Agreement") the Owner agrees to
construct and complete at the Owner's sole cost and expense, within eighteen (18) months of the
Effective Date of the Agreement, three (3) single family residences ("SFR") on the Property currently
consisting ofthe land located in the City of San Bernardino, County of San Bernardino, California and
more particularly described in Exhibit "A" of the Agreement, in accordance with all applicable zoning
and building regulations of the City of San Bernardino, for sale exclusively to and occupancy by the
purchasers. The Owner agrees that the completed SFR shall be promptly sold only to purchasers that
promises to occupy the premises as the purchaser's primary residence. The Owner agrees not to rent
the property to anyone, or allow anyone to occupy the SFR, prior to sale to a purchaser that intends to
occupy the premises as a primary residence.
2. Agency Not to Exercise Eminent Domain Acauisition of Property. Provided that
Owner performs all covenants and performance obligations described generally in the Agreement and
specifically, but not inclusively, those set forth in Section 3 ofthe Agreement, the Agency agrees that
for a period of eighteen (18) months from the Effective Date of the Agreement the Agency will not
commence proceedings to acquire the Property by way of the exercise of condemnation powers
pursuant to the Eminent Domain Law, Code of Civil Procedure 9 1230.010 et sea. The Owner
expressly acknowledges that in the event of a default on the part of the Owner, the Agency may
exercise any lawful remedies on its part, including, but not limited to, the acquisition ofthe Property
by eminent domain
3. Incorporation of Agreement. This Memorandum is for informational purposes only and
nothing contained in it shall be deemed to in any way modify or otherwise affect any ofthe provisions
of the Agreement. This Memorandum is subject to all ofthe provisions of the Agreement and in the
event of any inconsistency between the provisions of the Agreement and this Memorandwn, the
provisions of the Agreement shall prevail.
4822-2026-7776.1
4. Counteroarts. This Memorandum may be executed in any number of counterparts. each
of which shall constitute an original and all of which shall constitute one and the same document
S. Covenants Running With the Land. Pursuant to the express terms of Sections 3 and 6
of the Agreement. the covenants described in section I of this Memorandum shall run with the land
and be binding on the Owner and all successors in interest to the Owner for a term of twenty-four (24)
months from the date this Memorandum is recorded in the Official Records of the County of San
Bernardino.
IN WITNESS WHEREOF, the undersigned have executed this Memorandum of
Agreement as of the day and year first written above.
AGENCY
Redevelopment Agency of the City of San Bernardino
Date:
By:
Date: q / I r; ( 0 5
.
OWNER
/!Jr..N-<c.,-b ~.hk~
Bonnie S. Johnson
STATE OF
COUNTY OF
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On before me, personally appeared
, personally known to me (or proved to me on the basis of satisfactory evidence) to
be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that
he/she/they executed the same in hislher/their authorized capacity(ies), and that by hislher/their signature(s) on
the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Signature
(Seal)
4822-2026-7776.1
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
State of California
County of ~ ~~l.}I~)'"
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the entity upon behalf of whic the perso~
acted, ex e the in me
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reaNachment of this form to another document.
Description of Attached Document
Title or Type of Document:
.
Top of thumb here
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
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Partner - = Limited 'neral
Attorney-in-Fact
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C 1999 N<l.lIona! Notary ASsociation. 9350 De SOIa Ave" P.O_ Box 2402. Chalsworth, CA 91313-2402. www.nalionalnotary.org
Prod. No. 5907
Reorder: Call ToU-Free 1-800-875-6827
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File.No: 01101981
'-
EXHIBIT "A"..
. .
.AII that certain real propertY situated In th~ County of San Bernardino, State of
CaHfoI:'rlJa, :desCribed . as follows: .
-.
PARGEL A: .
Lot 14, Block "A" of the Daley Tract, in the City of San Bernardino, County of San
Bernardino, State of California, as per map recorded in Book.6, page(s) 34, of
Maps, in the office of the County Recorder of San. Bernardino County. .
. .
PARCt;J.. B:
lot 15, Btock"A" of the Daley Tract, in the City of San Bernardino, County of San
Bernardino, State of California, as permap recorded in Book 6, page(s) 34, of
Maps~ln the office of the County Recorder of San Bernardino COl,lnty.
PA~~Et C:
lots 22, 23 and 24,81ock "A" of the Daley Tract, In the City of San Bernardino,.
County of San Bernardino, State of Califor:n~,as per rilaprecorded In Bo;ok 6,
page(s) 34, of Maps, In the office of.the COUnty Recorder of San Bernardano
: CountY.
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EXlDBIT "C"
SUMMARY.
CITY OF SAN BERNARDINO PLANNING DJVISION
CASE:
AGENDA ITEM:
HEARING DATE:
WARD:
Development Permit Type III No. 03-34
3
November 18, 2003
1
OWNER! APPLICANT:
ANR Industries, Inc.
10702 Hathaway Drive, No. 1
Santa Fe Springs, CA 90670
562-777-9807
REQUEST/LOCA nON:
)
A request for approval of a Development Permit (Type III) to construct 20 single-family homes
on existing residential lots. The lots have a minimum lot size of6,750 square feet. The project
site is located within a two-block area between 2nd Street and Rialto Avenue, west of Sierra Way
and east of Allen Street in the RD-l, Residential Urban, land use district. '
CONSTRAINTS/OVERLA YS:
Flood Zone X Area.
ENVIRONMENTAL FINDINGS:
o Not Applicable
It! Exempt from CEQA, Section 15332 - Infill Development
o No Significant Effects
o Potenti~l Effects, MitigationMeasures and Mitigation Monitoring/Reporting Plan
/
STAFF RECOMMENDA nON:
E'I Approval
E'I Conditions
o Denial
o Continuance to:
Development Permit 111 03-34
11/18103
Page 2
) REQUEST A~ PROJECT DESCRIPTION
. The applicant requests approval of a Development Permit Type In under the authority of
Development Code Section 19.04.020, Table 04.01 (Q), to construct 20 single-family homes on
existing residential lots. The lots have a minimum lot size of 6,750 square feet. The project site
is located within a two-block area between 2nd Street and Rialto Avenue, west of Sierra Way and
east of Allen Street in the RU-l, Residential Urban, land use district (Attachment A).
This Development Permit also includes the development of additional single family homes (in
the same two-block area) on lots the applicant is in the process of purchasing.
The proposal offers a land 2-story housing styles with 3 different model plans. Each model
plan offers 2 variations of finishes that includes a stucco look and wainscot texture for a total of
6 variety choices. Although the RU-l district allow a maximum density ~of 8 units per gross acre
and duplex development, the proposal is for detached single-family homes.
The proposed layouts are as follows:
Home square footage
Plan I is 1,847 square feet (living area) with a 2-car garage (400 square feet) - 2-story
. Plan 2 is 1,591 square feet (living area) with a 2-car garage (400 square feet) - 2-story
Plan 3 is 1,458 square feet (living area) with a 2-car garag~ (400 square feet) - I-story
)
Layout composition
Plan I - (4bd/2ba) -
Plan 2 ~ (3bd/2ba) -
Plan 3 - (3bd/2ba) -
8 homes (40%)
3 homes (15%)
9 homes (45%)
20 homes (100%)
The homes are wood-frame/stucco construction with concrete tile roofs. Architectural treatmentS
include variations in roof style, entry projection and .garage door designs. The homes include
. . . window treatments, metal roll up garage doors and fully landscaped front-yards for all the
. .. houses.. A 6-foot vinyl fence will be provided for all homes.
SETTING/SITE CHARACTERISTICS
The property site is relative flat and vacant. Surrounding land uses to the north is a park and
single family in the RU-l district. To the south is a park and commercial heavy uses in the CH
district. To the east are single-family homes in the RU-I district. To the west are multi-family.
structures in the RMH district. .
The parcels previously contained single and multi-family structures that were demolished in
recent years.
Development Permit 1Il 03-34
11//8/03
Page 3
) BA(;KGROUND
The EnvironmentaVDcvelopment Review Committee (EIDRC) reviewed the project on October
9, 2003, and then moved the project to the Planning Commission.
FINDINGS AND ANALYSIS
J. Is the proposed development permitted within the subject zoning district and does it
comply with all of the applicable provisions of the Development Code. including
prescribed development/site standards and any/all applicable design guidelines?
Yes, the proposed homes are consistent with the General Plan and Development Code, in
that the RU-I, Residential Urban, land use district allows attached and detached units at a
maximum density of 8 units per gross acre. The proposal is for in-fill development of
detached single-family homes. All proposed homes meet the RU-I development
standards as shown in Table "A" below.
TABLE "A" - Development Code/General Plan Conformance
CATEGORY PROPOSAL DEVELOPMENT GENERAL PLAN
. CODE .
Permitt~ Use Single-Family Residential Permitted Permitted
Density N/A 4.5 du/ac. 4.5 dulac.
. Setbacks
- Front 25' to 30' 25' N/A
- Side 5' min. 5' min. N/A
- Rear 51' to 63' 20' N/A
- Side Street .' . 15' '15' .. N/A
Lot Coverage 17% to 21% 35% max. N/A
Unit Size 1,458 s.f. to 1,200 s.f. N/A
1,847 s. f.
Height 2 story (24 feet) 2 story (35 feet) N/A
Development Permit III 03-34
11/18/03
Page 4
) 2.
Is the proposed de,velopment consistent with the General Plan?
Yes, the pr9posal is consistent with the General Plan objective as follows:
General Plan Objective 1.12.32 states: "Require that "Residential Urban"
residential projects be designed to convey the visual sense of a low density
residential neighborhood, including:
a. variable structural setback;
b. inclusion of extensive landscape (incorporating trees and shrubs) along
street frontages; and
c. architectural articulation of building fll~ades to express a single-family
character.
The proposed development is for detached single-family residential homes. The homes
have been designed to enhance and upgrade the surrounding areas. The variations in the
layout for front yard setback range from 25 feet to 30 feet provide different stacking
patters of visible open space. All front yard will be landscaped with sod and a minimum
of one 24" box tree.
3. Is the proposed developmelilt.harmmlious and compatible with existing andfuture
developments within the iand use district and general area, as well as the land uses
presently on the subject property?
Yes, the proposed project is consistent with the residential character of the surrounding
land uses as well as future residential development. The proposed single- family units are
compatible with the single-family units in this area. The residential character of the
proposed development is similar to that of the recently completed single-family
residences in this neighborhood.
The homes designs and treatment elements are designed to provide continuity with
neighboring single-family structures. Architectuml treatments include variations in roof
style, entry area and garage door designs. All windows and doors and side and rear
elevations will be architecturally treated. .
4.
Is approval of the Development Permit for the proposed development in compliance with
the requirements of the California Environmental Quality Act and Section 19.20.030(6)
of the Development Code?
. -'
Yes, approval of this Development Permit is in compliance with the requirements of the
California Environmental Quality Act and Development Code Section 19.20.030 (6)
pertaining to environmental resources and constraints. Approval of the proposed project
would not result in any significant effects relating to traffic, noise, air quality or water
quality. This is because all the necessary infrastructures area already in place to handle
the anticipated capacity resulting from this proposed project. It is anticipated that the
impacts relating to traffic, noise are quality, or water will be less than significant.
Development Pennit III 03-34
1/118103
Page 5
_'/ 5.
, ,
Wdl there be potential significant negative impacts upon environmental quality and
natural resources thai could not be properly mitigated and monitored? ,
No significant hannful effects on the quality of the environmental or on natural resources
will exist as a result of this project. The project site is not located in geological hazard
area and occurs within city limits and has no habitat value for endangered or threatened
species. The site can be adequately served by all required utilities and public services.
The proposed project is a pennitted use and is consistent with the RU-I land use
development standards.
6. Is the subject site physically suitable for the type and density/intensity of use being
proposed?
Yes, the site is physically suitable for the type and density/intensity of the project being
proposed as evidenced by project compliance with all applicable Development Code
Standards as noted in Table "A": The proposal is for construction of homes on existing
residential lots.
7.
Are there adequate provisions for public access, water, sanitation, and public utilities
and 1ervices to ensure that the proposed use would not be detrimental to public health
and safety?
./
Yes, all agencies responsible for reviewing access, and providing water, sanitation and
other public services have all had the opportunity to review the proposal, and none have
.indicated an inability to serve the project. The proposal will not be detrimental to the
public health and safety in that all applicable Codes and will apply to the construction of
this project.
8.
Are the location, size design and operating characteristics of the proposed development
detrimental to the public interest, health, safety, convenience, or welfare of the City?
. -. .' -> .
. Yes, the proposed single-family units will be compatible with the single-family units
previously 'developed in the area. 'The proposed' project will not be detrimental to the
public interest or welfare of the City in that the proposed project will provide a positive
development to promote underutilized vacant lots. The proposal will create twenty new
homes and new improvements for this area.
Development Permit 1/1 03-34
////8/03
Page 6
:../ CONCLUSION
The proposal meets all necessary Findings of Fact for approval of the Development Permit Type
m No. 03-34.
RECOMMEND A nON
Staff recommends the Planning Commission approve Development Permit (Type III) No. 03-34
based upon the Findings of Fact and subject to the Conditions of Approval (Attachment C) and
Standard Requirements (Attachment D).
Respectfully Submitted,
VlhWc.&iwvr-
James Funk ~
Director of Development Services
..j
Attachment A
Attachment B
Attachment C
Attachment D
Location Map
SitefFloor/Elevation Plans
Conditional of Approval
Standard Requirements
ATTACHMENT A
CITY OF SAN BERNARDINO PROJECT: DP III NO. 03-34
PLANNING DIVISION
LOCATION MAP
LAND USE DISTRICTS HEARING DATE: 11/5103
1]:
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A TIACHMENT C
).
CONDITIONS OF APPROVAL
DPm No. 03-34
1. Within two years of development approval, commencement of use shall have occurred or the
permit/approval shall become null and void. In addition, if after commencement of use; use
is discontinued for a period of one, year, then the permit/approval shall become null and void.
However, approval of the Development Permit does not authorize commencement of
construction. All necessary permits must be obtained prior to commencement of specified
construction.activities included in the Conditions of Approval and Standard Requirements.
Expiration Date:
November 5, 2005'
2. The review authority may, upon application being filed 30 days prior to the expiration date
and for good cause, grant a one-time extension not to exceed 12 months. The review
authority shall ensure that the .project complies with all current Development Code
provisions.
3. In the event this approval is legally challenged, the City will promptly notify the applicant of
any claim, action or proceeding and will cooperate fully in the defense of this matter. Once
notified, the applicant agrees to defend, indemnify and hold harmless the City of San
.) Bernardino (City), the Economic Development Agency of the City of San Bernardino (EDA),
any departments, agencies, divisions, boards or commission of either the City or EDA as well
as predecessors, successors, assigns, agents, directors, elected officials, officers, employees,
representatives and attorneys of either the City or EDA from any claim, action or proceeding
against any of the foregoing persons or entities. The applicant further agrees to reimburse the
City of any costs and attorneys' fees which the City may be required by a court to pay as a
result of such action, but such participation shall not relieve applicant of his or her obligation
under this condition.
The costs, salaries, and expenses of the City Attorney and employees of his office shall be
considered.as "attoriieys fees" for thepuqjose of this condition.' .' .
As part of the consideration for issuing this permit, this condition shall remain in effect if this
Development Permit is rescinded or revoked, whether or not at the request of applicant.
4. Construction shall be in substantial conformance with the planes) approved by the Director,
Development Review Committee, Planning Commission or Mayor and Common CounciL
Minor modification to the planes) shall be subject to approval by the Director through a
. minor modification permit process. Any modifiGation which exceeds 10% of the following
allowable measurable design/site considerations shall require the refiling ofthe original
application and a subsequent hearing by the appropriate hearing review authority if
applicable:
j
!
DP III No. 03-21
Conditions of Approval
Page 2
: . J
.:-./
a. . On-site circulation and parking, loading and landscaping;
b. Placement and/or height of walls, fences and structures;
c. c. Reconfiguration of architectural features, including colors, and/or modification of
finished materials that do not alter or compromise the previously approved theme;
and,
d. A reduction in density or intensity of a development project.
5. 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 lighting 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 until they are complied with. Any exterior structlp"al
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.
6. If the colQr of any of the buildings, walls or fences or other exterior finish material i~ to be
modified, the revised color scheme and/or fmish materials shall be reviewed and approved by
. the Planning Division prior to commencement of work through a Minor Modification.
I
I
../
7. The applicant shall dedicate adequate street right-of-way (Public Works Standard Requirements
. No.4) prior to issuance of building permits.
8. The applicant shall complete the street improvements (Public Works Standard Requirements
No.4), or post a bond/pay an in lieu fee prior to issuance of building permits. If the street
improvements are not completed (by the City as part of a Capital Improvement Program (CIP)
project) within 5 years, the bond/in lieu fee shall be refunded.
'9:' A 6-foot'perimeter vinyl fence shall be constructed for all homes.
10. Garage door designs shall be set into the walls rather than flush with the exterior wall. A
variety of compatible designs shall be used throughout to ensure variety.
II. Additional single family development within the two-block area shall require a Development
Permit Type 1.
12. All front yards shall be landscaped and shall include a minimum of one 24" box tree.
. .........~
~~\-\~p
City of San Bernardino
STANDARD REQUIREMENTS
Development Services/Plan Check Division
Property address:
DRClCUP/DP: 1>f1lt-03 -3t
NOTE; NO PLANS WILL BE ACCEPTED
CHECK WITHOUT CONDITIONS OF
IMPRINTED ON PLAN SHEETS.
DATE: lo ( 9, I 0 ?::>
FOR PLAN
APPROV AL
Submit 6 sets of plans, minimum size 18" x 24", drawn to scale: If plan check is for
expeditious review, submit 6 sets. The plans shall include (if applicable):
a. site plan (include address & assessors parcel number)
b. foundation plan
c. floor plan Oabel use of aU areas)
d. elevations
e. electrical, mechanical, & plumbing plans
f. detail sheets (structural)
g. cross section details
h, show compliance with Title 24/Accessibility (disabled access)
i. a plan check deposit fee will be required upon submittal of plans.
CaU Deveiopment Services (plan check) 909-384-5071 for amount.
1.
The title sheet of the plans must specify the occupancy classification, type of construction, if
the building has sprinklers, & the current applicable codes.
2. The person who prepares them must sign the plans. . Also, provide the address & phone
number of that person. Some types of occupancies require that the plans are prepared,
stamped, and signed by an architect, engineer, or other person licensed by the State of
California.
."
3. For structures that must include an engineers design, provide 2 sets of stamped/wet signed
calculations prepared by a licensed architect/engineer.
4. Provide 2 sets of Title 24/Energy compliance forms and calculations. Some compliance
forms are required to be printed on the plans.
). Submit grading, site, and/or landscape plans to Public WorkslEngineering for plan check
approval and permits. For more information, phone 909-384-5111.
300 N '0' Street San Bernardino CA 92418
909-384-5071 Office
909-384-5080 Fax
) 6.
./
Fire sprinkler plans, fires suppression system plli.~ etc., shall be submitted to the Fire
Department for plan check approval and permits. For information, phone 909-384-5388.
\.
7.
. .
Signs fequlre a separate submittal to the Planning Division for plan check approval and
permits. For information, phone 909-384-5057.
8. Restaurants, food preparation facilities, and some health. related occupaDcies will require
clearances and approved plans from San Bernardino County Health Department. For
information, phone 909-387-3043.
9. Occupancies that include restaurants, car washes, automotive repair/auto body, dentist
offices, food preparation facilities or processing plaDts, etc. may require approvals and
permits from San Bernardino Water Reclamation. For information, phone 909-384-5141.
10. An air quality permit may be required. Contact South Coast Air Quality Management'
Division for iDformation, phone 909-396-2000.
11. State of California Business & ProfessioDs Code/Contractors License Law requires that
permits caD be issued to licensed contractors or owner-builders (that are doing the work).
Contractors must provide their State license number, a city business registration, and
workers compensation policy carrier & policy number. Owner-builders must provide
proof of ownership.
NOTE: PLAN CHECK TIME ON THESE TYPES OF PROJECTS IS APPROXIMA TEL Y 4-6
WEEKS FQR 1ST CORRECTIONS. EXPEDITIOUS REVIEW IS APPROXIMATELY 10 WORKING
DAYS. THE DEVELOPMENT REVIEW PROCESS IS NOT THE BUILDING PLAN CHECK AND
DOES NOT IMPLY THAT THE DESIGN AS SUBMITTED WILL BE APPROVED WITHOUT
CORRECTIONS..' .
Comments:
.";
300 N 'D' Street San Bernardino CA 92418
909-384-5071 Office
909-384-5080 Fax
..., /
STANDARD REQUIREMENTS
'DEPARTMENTOF DEVELOPMENT SERVICESIPUBLlC WORKS .DIVISION
CASE NO: DP III 03.34 D.ESCRIPTION: Construct 22 single family
homes on existing lot .
APPLICANT: ANR Industries, LOCATION: East of Sierra Way, between
Inc. south of r Street and north of Rialto Street
. NOTE TO APPLICANT: Where separate Engineering pians 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.-
1. . Drainage and Flood Control
a) Applicant shall mitigate on-site storm water discharge sufficiently to
maintain compliance with the City's NPDES Storm Water Discharge
Permit Requirements. A "Notice of Intent (NOt)" shall be tiled with the
State Water Quality Control Board for construction disturbing 1 acre or
more of land.
/
. b) The City Engineer, prior to grading plan approval, shall approve an
Erosidn Control Plan. 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.
2.
. Gradinp.and Landscaping
a) If more than l' of fill or 2' of cut is proposed, the site/ploUgrading and
drainage pi?" shalt 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.
Page 1 of 7 Pages
10/2912003
STANDARD REQUIREMENTS
DEPARTMENT OF DEVELOPMENT SERVlCESIPUBUC WORKS DMSION
CASE NO: DP III 03-34 DESCRIPTION: Construct 22 single family
homes on existing lot
APPUCANT: ANR Industries, LOCATION: East of SIerra Way, between
Inc. south of r Street and north of Rialto Street
I
.: .~/
b)
.3.. Utilities
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").
c)
Retaining walls, block walls and all on-site fencing shall be designed and
detailed on the On-site Improvement Plan.. This work shall be part of the
On-site Improvement permit issued by the City Engineer.
d)
The project -Landscape Plan shall be reviewed and approved by the City
Engineer prior to issuance of a grading permit. SubmitS copies to the
Engineering Division for Checking. .
e)
The public right-of-way, between the property line and top of curb (also
known as "parkway") along adjoining streets shall be landscaped by the
developer and. maintained in perpetuity by the property owner. Details of
the parkway landscaping shall be included in the project's on-site
landscape plan.
. \
. a) Design and construct all public utilities to serve the site in accordance with
City Code, City Standards and requirements of the. serving utility,
including gas, electric, telephone, water, sewer and cable TV (Cable TV
optional for commercial, industrial, or institutional uses).
Page 2 oj 7 Pages
b) Each parcel shall be provided with separate water and sewer facilities so
the City or the agency providing such services in the area can serve it.
10/29/2003
,
/
STANDARD REQUIREMENTS
DEPARTMENT OF DEVELOPMENT SERVlCESIPUBLlC WORKS DIVISION
CASE NO: DP III 03.34 DESCRIPTION: Construct. 22 single family
homes on existing lot
APPLICANT: ANR Industries, LOCATION: East of Sierra Way, between
Inc. south of r Street and north of Rialto Stree~ .
c) Backflow preventers shall be installed for any building with the finished
floor elevation below the rim elevation of the nearest upstream manhole.
d) This project is located in the sewer service area maintained by the City of
San Bernardino therefore, any necessary sewer main extension shall be
designed and constructed in accordance with the City's "Sewer Policy and
Procedures" and City Standard Drawings.
e) Utility services shall be placed underground and easements provided as
required.
/
f)
A street cut permit, from the City Engineer, will be required for utility cuts
into existing streets where the street is not being repaved as part of the
required improvements.
g) Existing Utilities which interfere with new construction shall be relocated at
the Developer's expense as directed by the City Engineer, except
overhead lines, if required by provisions of the Development Code to be
undergrounded. See Development Code Section 19:20.030 (non-
.. . subdivisions). . )
Page 3 of 7 Pages
10/29/2003
STANDARD REQUIREMENTS
DEPARTMENT OF DEVELOPMENT SERVICES/PUBLIC WORKS DIVISION
.
CASE NO: DP III 03-34 DESCRIPTION: Construct 22 single family
homes on existing /6t
APPLICANT: ANR Industries, . LOCATION: East of Sie"a Way, between
Inc. south of r Street and north of Ria/to Street
,~
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4. Street Improvement and Dedications
'a)
. .,1
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Page 4 of 7 Pages
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 modifications. relocation of public or private
facilities which interfere with new construction, striping, shall be
accomplished in accordance with the City of San Bemardino "Street
Improvement Policy" and City "Standard Drawings", unless otherwise
approved by the City Engineer. Street lighting, when required, shall be
designed and constructed i~ 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.
b) 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(!Y Curb Line(!!l....
.
Rialto Street 44 feet 32 feet
2nd Street 41.25 feet 33 feet
. "
Sierra Way 41.25 feet 32 feet
10/29/2003
STANDARD REQUIREMENTS
DEPARTMENT OF DEVELOPMENT SERVlCESIPUBlIC WORKS DIVISION
. .
CASE NO: DP III 03-34 DESCRIPTION: Construct 22 single fainl'y
homes on existing lot
APPLICANT: ANR Industries, LOCATION: East of Sierra Way, between
Inc. south of r Street and north of Ria/to Street
..../'
N
c)
Construct 8" Curb and Gutter per City Standard No. 200 adjacent to the
site. Widen pavement adjacent to the site to match new curb and gutter.
Construct approach and departure transitions for 0 traffic safety and
drainage as approved by the City Engineer.
d)
Construct sidewalk adjacent to the site in accordance with City Standard
No. 202, Case "A" (6' wide adjacent to curb).
e)
Construct Handicap Ramps in accordance with City Standard No. 205 at
all curb returns within and adjacent to the project site. Dedicate sufficient
right-of-way at the corner to accommodate the ramp.
f)
Construct Driveway Approaches per City Standard No. 203. Remove
existing driveway approaches that are not part of the approved plan and
replace with full height curb & gutter and sidewalk.
g)
All Curb return radii shall be 25 feet minimum.
o Curb returns at the intersection of two arterial streets shall be 35 feet
-ul1less otherWise approved by the City Engineer. 0.0 0.0 -
5. Required Engineering Permits
Pag'! S of 7 Pages
a) Grading permit (If applicable.).
b) On-site improvements construction pennit (except buildings - see
Development Services-Building Division), including landscaping~
10/29/2003
J
.'
STANDARD REQUIREMENTS
DEPARTMENT OF DEVELOPMENT SERVICESIPUBUC WORKS DIVISION
CASE NO: DP III 03-34 DESCRIPTION: Construct 22 single family
. homes on existing lot
APPLICANT: ANR Industries, LOCATION: East of Sierra Way, between
Inc, south of r Street and north of Ria/to Street
c) Off-site improvements construction permit.
. 6. Applicable Engineering Fees!
a) Plan check and inspection fees for off-site improvements - 4% and 4%,
respectively, of the estimated construction cose of the off-site
improvements.
b) Plan check and inspection fees for on-site improvements (except buildings
- See Development Services-Building Division) - 2% and 3%. respectively,
of ttie estimated construction cosf of the on-site improvements, including
landscaping.
.c) Plan check and inspection fees for grading (If permit required) - Fee
Schedule available at the Engineering Division Counter.
d) Drainage fee in the approximate amount as follows based on $0.1582 per
square foot of net lot area - not to exceed $3,164.00 for any lot.
e) Traffic system fee in the estimated amount as follows based on $184.02
per house.
I All Fees are subject to change without notice.
2Estimated Construction Cost for Off-Site Improvements is based on a list of standard ~nit prices on file with
the Public Works Division.
3 Estimated Construction Cost for On-Site Improvements is based on a list of standard unit prices on file
with the Public Works Division.
Page 6 of 7 Pages
10/2912003
---j
STANDARD REQUIREMENTS
DEPARTMENT OF DEVELOPMENT SERVICESJPUBLlC WORKS DMSfON
.
CASE NO: DP III 03-34 DESCRIPTION: Construct 22 single family
homes on existIng lot
APPLICANT: ANR Industries, LOCATION: East of Sierra Way, between
Inc. south of ztd Street and north of Rialto Street I
f) Sewer Connection fee in the approximate amount as follows based on
$327.38 per bedroom.
g) Sewer inspection fee in the estimated amount as follows based on $22.03
per connection:
h) Street or easement dedication processing fees in the amount of $ 200.00
per document.
/
Page 7 of 7 Pages
10129/2003
CITY OF SAN BERNARDINO FIRE DEPARTMENT
STANDARD REQUIREMENTS Case: DYJ-rf[ (]3.=4
Date: /(J - 9 -:s
/ (3/ef2-~A (J.}ay! At-<..FN I?../U'J S,- ~/RIAr;r('!) Reviewed By: ~/
GENERAL REQUIREMENTS:
~ PlOIide _ 8dcIlioIW lei cC constluCtion plans to Building and Salety for Fire DepaIIment use III time cC plan check. . , .
ConlacI!he City cC San Bemanlino Fire Department at (~)384-5S85 for specific delaIed ~.
The ....eloper.1 provide for adequate lire how. Minimum lire flow requirements shall be based on square lootage, construction features, and 8llpOIUr8
. information supplied by !he developer and must be available I!!!!!! to placing combuslIbIe materials on s.e. .
WATER PURVEYOR FOR FIRE PROTECTION:
o The fll8 protection waler service lor lhe area of this project is provided by.
o San Bernardino Municipal Waler Oepartmenl~ngineering (909) 384-5391
De-Valley Water District~ngineering (909)888-8986
o Olher Water pulVeyor.
Phone:
PUBUC ARE PROTECTION FACIUTIES:
rir Public finI hydrantlI_ required aJong streels at intervals not to exceed 300 feet for commercial and multi-iesidential areas and al intervals not to exceed
500 feel for residential _as.
UY' Ant hydcanl ~ 01 1.500 gpm al a 20 psi minlmum residual pressure are required lor commercial and multi-resldential areas. Minimum lite
hyd<ant how 1,000 a 20 psi minimum residual pressU18 aAl required tor reslden1iaJ areas.
CiI'" Fire hydrant type a . . lion shall be joinUy determined by !he CitY 01 San Bemaldino Are Department in conjunction 'Atth!he water pucveyor. FIl8
~ materiaJs and instaAalion shan conform 10 !he standards and speclfocatlons 01 !he water purveyor. .
1!3' Public fll8 hydrants, lire services, and public water lacll<<ies necessary to meet Fire 0epar1m0nt requirements aAl the deveIoper's financlal respondlIily and
shall be installed by !he water purveyor or by the developer at !he waler purveyor's discnltion. Contact 1he water purveyor Indicated above for adcitlonlII
InIormation. .
ACCESS:
8 Provide \'NO separate, dedicated rOU:es of ingress/egress to 1he property entrance. Tbe routes shall. be paved. all Ylea1het.
ProvIde an access road to each building lor fiAl apparatus. Access roadway shaft have an a1I-woa1het driving surface of not less 1han 20 feet cC WIOb-
s1Ncted lMdth.
o Extend roadway to wtllln 150 feel 01 all portions 011he exterior wan of an single story buHdings.
...., Extend roadway to v.iIhln 50 leet of lho eAlerior wall of all multiple-story bulldings.
Provide "NO PARKING" signs whenever parl<ing 01 vehicles would possible reduce lhe clearance of access roadways to less lIlan the required wdlh. Signs
are to read "ARE LANE-NO PARKlNG-M.C. Sec. 15. t&". .
d Dead-end Slreets shall not exceed 500 feet in length and shaH have a minimum 40 fcot radius turnaround.
o Tbe names of any new strll8ts (public or pr....ate) shall be submitted 10 the Fire Department for approval.
SITE: .
o AI 8CC8$S roads and streets are to be ccnstr\JCted and usable prior 10 comb\lStibte construction.
o Private lire hydrants snaO be installed t'J protect eeen building located mora than 150 feet lrom tile c:.llb Iille. No lire hydrants should be \\tthin 40 feel of any
exterior waI. The hydrants shall be Wet 6..rrel type. with one 2Y1 inch and 4 inch o!Jtle~ and approved by the Are DepartmenL Areas adjacent to fire
hydrants shall be designated as a 'NO PARKING- zone by painting an 8 inch wide, red SlIipe for 151eet in each direction in front ol1he hydrant in such a
mamar lIlat . 1MH not be blocked by parked vehicles. Lettering to be in white &" by W.
BU!J<OINGS:
[It' Addl8ss numerals shall be installed ()(l lhi. butl::linJ althe fronl or other approved location in such a manner as Ie be. visible Il'Ol1Tthe Irontage stnllIl Com-
Ill8Il:iIII and mUti famll). address numerals shaH be 6 ioches laIl, single lamuy address numerals shall be 4 inches taL The color 0I1he I1UI1l8IlIIa shall c0n-
trast tilth !he ~ cC &he bacI<groUnd. ..... .. .
o .1dlIIllIIV eedt sps and electric meter with 1he nurnbec 0I1he unit . serves.
o Fn8ldlngtUhers must be installed pri.or \0 the building Daing occupied. Tbe minimum rating tor any fll'e ext~ Is 2A 10BlC. Minimum clistlIx6xl of
lire exIinguishels must be such lIlat 00 inleriO! pa1 01 the building is over 75 feet travel distance from a lire extinguisher.
o ~ houses ~ 16 or more units,t-.otels (mot..&s) 'M\il 20 or mora unit:;. or apartments or hotels (motels) 1hl8e stories or more In height shaM be
equipped 10lth automatic fire sprinklers ddsig!l8d t,J NFPA standards.
o AI buildings, over 5.000 square leet. shall "'" equippea with an automalic rwe sprinker sys!em designed to NFPA standards. ThIs includes existing buildings
vacant CMlf 365 days.
o Submit plans for lhe fire protection syst",..., 10 It-~ Fire Depanmenl prior to beg:nning constlUClion of the system. Perm<< required.
o Tenant improvements in aU sprinkle!l!<.J bUIldIngs are 10 be approved by the Are Oe;lartment pOO< IJ start of construction. Perm<< required
o Provide fire alarm (required lllrougOOU:). Pla.l5 "'US! be approved by tt-.e Rre Department prior to start of installation. Permit required.
o FIl8 Department connection to spriMler ~y';lC'1l15Ianjpipe system, snaU be required at Are Departmenl approved location.
B Fire Code PermM required, appIyal2il<l .last ~r:l streel. (gog) 384-5388.
Are SprinIdef monitoring required. P,ans mustoe appro'/ed by Ihe Are Department pIior to lIle start oi cons1ructiun. Permit required
o ()cQjpanl Load.
Note: Tbe applicant must request, in wril!r,g. any chao:les 10 Fire Department requirements.
AOOITIONALINFORMATION: C<J.H7~_'Tl'[&-k~a. ~pAtz:lm:;A,.r AT.,{q.;y::::;,) .-;P4- 539/ ':o~ F/~
'MI ON -aTP..€ff..i6t-VR..AN:LS"-, IF" FLav./ no~.~ 11m ME5et"' /11{MlmlllJ1 'SrAJJnApn
_; laJO GPM @.-.ZO..I?>5-i YlA1 W/U-- f36 I?~~J/~€O 'TO /)/.~A/L A.AI AL-rmmR77C
t:I R€ ...spl?. (AI KlFIl ~L/IY.. filE Vrf!.t./c:::;rj /oIZE r..V .
R'8 170 f03-O.1)
,
. .,.
City of San Bernardino Public Services Department
Standard Development Requirements
300 North 0 Street - 4* Floor
.San Bernardino, CA 92418.
RESIDENTIAL TRACTS & LOTS
Collection Services
. .
I . Residential refuse and recycling services are to be provided by the City of San Bernardino Refuse & Recycling Division a
minimum of once weekly.
2. The aty shall provide upon request one set of a blue, green, and black 96 or 64-gallon automated service cart to each single
family unit, OR one set to every 2 units In multi-unit dwellings up to 8 units.
3. Commercial requirements shall apply to all multi-unit dwellings over 8 units, unless otherwise approved.
.
4. Nonresidential establishments such as small offices, shops, meeting halls, or churches, which generate 2 cubic yards or less of
non-bulky waste per week and are located on the same side of a residential block receiving automated cart service shall meet
residential rather than commercial requirements. .
Automated Cart Storage & Access
S. Residential units shall construct a minimum 4 feet by II feet concrete pad located out of view of public right-of-way for storage
of each set of up to 4 automated carts. If visible from the public right-of-way, the storage area shall be screened by landscaping,
or masonry or solid wood fencing. SHOW ON GRADING AND SITE PLANS.
"he path of travel from the storage pad to street shall be continuously paved without step or curb with 4-foot minimum gate
/ openings In walls and fencing. The path of travel may include a paved driveway or patio area. SHOW ON GRADING AND
SITE PLANS.
Service Vehicle Access
7. Projects shall meet City Engineering vehicle access requirements on all streets within a residential tract. These requ;remencs shall
nO! limit requiremencs for Fire vehicle access.
Curbside Service Area
8. A minimum 14-foot linear space on the street along the curb adjacent to the driveway of each residence must be dear for
automated .ser.vlce carts, with a .mlnimum 2-foot setback and 13,foot .venlcal clearance of all obstructionS Such as strUctUres, .
fences, and raISed landscaping. . . .
Gated Access
9. Gated properties that are locked and unmanned on service days anytime between the hours of 5 AM and 5 PM Monday
through Saturday shall provide access code or key to Public Services.
MD/PS 6.27.2003
City of San Bernardino Public. Services Department
Development Project Conditions of Approval
300 North 0 Street - 4th Floor
San Bernardino, CA 92418
-
Protect Number: DP III 03-34 ProJect Planner: Aron liang Review Date: 10.9:2003
Protect DesaiptlonlBuslness Name: Construct 22 SF homes on existing residential lots In two phases.
ProjectlocationlAddress: 0 135-291-02 et al between Second Street and Rialto Avenue, Service Account: cart service
west of Sierra Way and east of Allen Street.
Reviewed By: Michelle Dyck-Tumer e-mail: dyck-turner _ mi@ci.san-bernardino.ca.us Phone:
909.384.5549 #3162
. Standard Development Requirements
Project shall meet all applicable Standard Development Requirements as attached.
.
. Integrated Waste Management Survey
Applicant shall submit an Integrated Waste Management Survey for each of the activities marked below with the initial
application to Planning for approval by the Public Services Department Refuse and Recycling Division prior to Issuance of
pennlts for each activity.
The Infonnation contained In the Survey as well as any related comments and mitigation provided by Public Services shall
be summarized In the Initial Study and EIR if required for the project under CEQA. .
.-.- -
._-,.' o Demolition & Site Preparation T 0 Construction / Renovation I 0 Business Operations or Event
. Additional Requirements or Recommendations
.
. ~.
:- "
MO/PS 6.27.2003
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Da c-pilecl:
Compiled By:
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)po of Project: - I \~~ I .J' r' .. I - Nambor of Uaits:
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.oadioa: , ~ '. f f ..
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YATER DEPARTMENT ENGINEERING:
:01UCt: _1 f'..... I ' I r::..
Phone:
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Fax: -:~. l( ~... <") "5 L
late: AU W..er Services are Subject ~o ~ ~~~& R~gu~~ ot ~ W"~ D~.
~SizoofMainAdjacootthoProject: I' c.~. ,; \ I '. , . '.. _. i 'l< P
t:.~x.imato W..orPressurc: I" ~. : 'J- E1evatioo of WaJu Storqo: I :: ., '( .f 1 Hydrant Flow @ 20 psi:
~Type. Size. Location. &lid Distance to Nearest Fire Hydrant: - , .. I / IJ j<. . . ....,.
I n ~ 15 rr: ~7 f': ~,\/':,~' ;..~ ~:.\
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~ PreaIUrc Regulator Required on Cwtomer'. Side on tho Meter.
" ,'. :~: :'.~ ,~Kfj';~"';7
) Off..ite 'Y""er: Facilities Required.
) Area Not Served by San Bernardino Municipal Water Department.
) Commeats:
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R OUALITY CONTROL:
~1Ct: c.., r ! J ;" " t, Phone:
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The Westside Action Group was concerned that our Councilperson,
councilman Rikke Van Johnson, was accused of improprieties in
regards to his association with the property located at Allen Street
and Rialto Avenue. Therefore we conducted our own investigation
and my comments in this letter to the council contain the results of
our investigation. Councilman Johnson is the nephew of Bonnie
Johnson, owner of said property, as well as her employee. His
position calls for him to be in charge of numerous financial
obligations. On March 28, 2005, Bonnie Johnson sent a Certified
letter to the Economic Development Agency, and it states
"Regarding Rialto Avenue and Allen Street, Dear Mr. Van asdel,
This is in response to the letter sent out regarding your desire to
take our property through eminent domain. We are in the process
of developing three homes on that parcel. We will be willing to
accept an ofter of $350,000.00 to cease and desist. If we don't hear
from you, we will proceed with our development plans. For
questions or additional information, you may call Rikke Van
Johnson at (909) 725-1053. Respectfully, Bonnie S. Johnson."
This number is Councilman Johnson's personal cell phone number.
This is the same number that appears on the tape in question. The
City issued cell phone number was not given as the number to call
as alleged numerous times at the last council meeting.
When the property came up before the City Council, at all times
Councilman Johnson has abstained from taking part in any action.
Because of his desire to address the council as a representative of
Bonnie S. Johnson and also because of the appearance of a
conflict of interest, a ruling was sought by the Fair Political Practices
Commission to see if this was allowable. On May 19, 2005 the
FPPC ruled that it was a conflict of interest and that he should not
participate when the issue of this property came forward before the
council. That decision represented the termination of the FPPC
inquiry, mischaracterize as an investigation. I have a copy of that
inquiry to submit into the records.
In conclusion I like to end this with an interrogative and maybe this
is a question that the council members on the dais should ask as
well. Why is it that when making a decision of this nature, all of the
information necessary to make a knowledgeable determination
seems to be only fully available to just one councilperson?
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May 19, 2005
Huston T, Carlyle Jr.
I FWl~~ RRISE30IS BISGAARD & S\;IITH U f'
.,\~L,:-lli.,:~"S t..t Ld\\'
()jO East Hospitality Lane, Suite 600
San Bernardino, CA 92408
Re: Your Request for Advice
Our File No. A-OS-081
Dear Mr. Carlyle:
This letter is in response to your request on behalfofCouncilmember Rlkke VIlIl
Jllhnson for advice regarding the cont1ict-ot~interest provisions of the Political Ret<mTl
,\ct (the "Act"), I
QUESTION
Is Councilmember Rikke Van Johnson disqualiticd from votiilg and making,
participating in making, or using or attempting to use his official position to intluence the
outcome on agenda item(s) coming before the San Bernardino City Council/Community
Development Commission which involve real property owned by a relative who is also
the sole owner of a company which employs Councilmember l'Jhnson"
CONCLUSION
Councilmember Johnson is disqualitied trom taking any part in these decisions,
because it is reasonably foreseeable that these decisions would have a material tinancial
effect on his aunt and employer. Ms, R'lIlI1ie Johnson,
FACTS
Councilmember Rikke Van Johnson \vas electcd in the Nllvemoer 20()) election,
lie is also the sole employee and the manager (If a hail hllnds C0111panv whullv uwned h\
I ljovernment Code seetl(lIlS S I 000 l) I 0 14 l ,'lllllll""11l re,:ul<iII(lIlS appear at 1 It Ie 2. seel1,lIb
I S I O'i-I s9'i7, of the CalIfornia C'ode (1f RegulatJl1l1s.
File No. A-05-081
Page No.2
his aunt, Ms. Bonnie Johnson, who is doing business under the name of Greenwood Bail
Bonds, a business located in the City.
Councilmember Johnson and his aunt are the only persons on the Greenwood Bail
Bonds payroll. Councilmember Johnson is a salaried, at-will employee, who is paid
twice a month. His annual salary is considerably in excess of $500.
In her individual capacity, Ms. Johnson owns a parcel ofreal property in the City,
which currently is the subject of purchase and sale negotiations and/or eminent domain
proceedings with the City's Redevelopment Agency. This property is located more than
500 feet from Councilmember Johnson's residence and his place of business, Greenwood
Bail Bonds.
Tbc Redevelopraent Agency's governing body is the San Bernardino Community
Development Commission, composed of the mayor and city council. Any agreement
negotiated relative to this property would require Commission ratification. If no agree-
ment is reached, authorization to initiate eminent domain proceedings would require
Commission approval after a public hearing. As previously noted, Councilmember
Johnson is a member ofthe Commission by virtue of his position on the city council.
The property at issue in these proceedings has been appraised at approximately
$75,000. Ms. Johnson, as owner of the property, is asking for $350,000. Councilmember
Johnson indicates that his salary and/or annual income would not be affected by the
money received by his aunt for the subject real property.
ANALYSIS
Your question concerns the Act's conflict-ot~intercst provisions. Section 87100
prohibits any public official trom making, participating in making, or otherwise using his
or her official position to intluence a governmental decision in which the official has a
financial interest. A public official has a "financial interest" in a governmental decision,
within the meaning of the Act, if it is reasonably foreseeable that the governmental
decision will have a material financial effect on one or more of the official's economic
interests. (S 87103; reg. 18700(a).) The Commission employs an eight-step analysis for
determining whether an official has a disqualifying contlict of interest in a governmental
decision. (Regulation I 8700(b )( 1 )-(8).)
Step One: Is Councilmember Johnson a Public Official?
The Act's contlict-ot~interest provisions apply only to "public officials."
(99 871 00, 871 03; regulation I 8700(b)(l ).) A "public otticial" is "every member,
officer, employee or consultant ofa state or local government agency...." (982048.) As a
member of the city council, Councilmcmber Johnson is a public otticial subject to the
Act's contlict of interest rules.
File No. A-OS-081
Page No.3
Step Two: Will Councilmember Johnson Be Making, Participating In Making, Or
Using His Official Position To Influence A Governmental Decision'?
The Act's cont1ict of interest provisions come into play onl y when a public
official makes, participates in making, or in some way attempts to use his or her official
position to int1uence a governmental decision in which the official knows - or has reason
to know - that he or she has a financial interest. (9 871 00.)
A public official "makes a governmental decision" when the official, acting
within the authority of his or her office or position, votes on a matter, obligates or
commits his or her agency to any course of action, or enters into any contractual
agreement on behalf of his or her agency. (Regulation 18702.1.) A public official
"participates in a governmental decision" when, acting within the authority of his or her
pCositior. and \vithout significant intervening substantive revip.w, the offi~ial negotiates,
advises or makes recommendations to the decisionmaker regarding the governmental
decision. (Regulation 18702.2.) A public official is attempting to use his or her official
position to int1uence a decision if, for the purpose of int1uencing, the official contacts or
appears before any member, officer, employee, or consultant of his or her agency.
(Regulation 18702.3.)
Your question presupposes that, unless disqualified by cont1ict of interest rules,
Councilmember Johnson will make, participate in making, or use his official position to
int1uence a governmental decision regarding negotiation of a real property purchase
agreement and/or an eminent domain proceeding against the property.
Step Three: What Are Councilmember Johnson's Economic Interests?
There are six kinds of economic interests recognized under the Act. Those
potentially relevant to the facts you describe are the f(.)llowing:
. A public official always has an economic interest in any source of income, including
promised income, which aggregates to $500 or more within 12 months prior to the
decision (9 87103(c); Reg. 18703.3).
. A public official has an economic interest in any business entity in which he or she is
an officer, director, partner, trustee, employee, or holds any position of management.
(9 871 03( d); Reg. 18703.1.)
. A public official has an economic interest in his or her personal finances, including
those of his or her immediate family - this is the "personal financial effects" rule
(S 87103; Reg. 18703.5).
You advise that Councilmember Johnson is employed by Greenwood Bail Bonds,
a business entity paying him a salary "considerably in excess" of $500 per year. It seems
clear then that Councilmember Johnson has an economic interest in this business entity.
File No. A-05-081
Page No.4
You have not offered any details on the legal form of this business entity, whether
it is a wholly-owned corporation or a sole proprietorship, for example. But you indicate
that the business is wholly owned by Ms. Johnson, and your account of the facts does not
suggest that any person other than Ms. Johnson dirccts or controls its business decisions.
You describe Councilmember Johnson as an at -wi II salaried employee, and you state that
there is no third person on the payroll.
Assuming that Ms. Johnson is the sole owner of Greenwood Bail Bonds and that
she is the person who controls the business, we must conclude that Ms. Johnson herselfis
a source of income to Councilmember Johnson. The Commission has long advised that
when the ownership and control of a business entity is vested in a single person, that
person herself will be regarded as a "source of income" under the Act in addition to the
business entity she owns and operates. See generally In re Nord, (1983) 9 FPPC Ops. 6,
and the Kerb Advice Letter, No. A-99-1! 3.
You have told us that Councilmember Johnson's salary and annual income will
not be affected by any decision on Ms. Johnson's real property, and you have not offered
any other reason to believe that this decision would have a personal financial effect on
Councilmember Johnson or members of his immediate family, so we will not consider
"personal financial effects" further.2
Step Four: Will Councilmember Johnson's Economic Interests Be Directly Or
Indirectly Involved in Governmental Decisions?
The Act's conflict of interest rules distinguish between economic interests that are
directly involved in governmental decisions, and those that are only indirectly involved.
Regulation 18704.1 (a) provides:
"(a) A person, including business entities, sources of
income, and sources of gifts, is directly involved in a decision
before an official's agency whcn that person, either directly or by
an agent:
(1) Initiates the proceeding in which the decision will be
made by filing an application, claim, appeal, or similar request or;
(2) Is a named party in, or is the subject of, the proceeding
concerning the decision before the official or the official's agency.
A person is the subject of a proceeding if a decision involves the
issuance, renewal, approval, denial or revocation of any license,
permit, or other entitlement to, or contract with, the subject
person."
! "Immedwte family means the spouse and dependant childrcn." (~X2029.) Financial effects on
IllS aunt, Ms. Johnson, therefore would not disqualify Councilmcmhcr Johnson as "personal tinancial
effects ..
File No. A-05-081
Page No.5
In all other cases, persons that arc sources of income will be "indirectly" involved
in the decision. As you describe the circumstances, Ms. Johnson will be a named party
in, and her real property the subject ot~ any negotiation for purchase of the property, and
of any subsequent decision regarding eminent domain proceedings against the property.'
Ms. Johnson and her real property are therefore directly involved in the governmental
decisions you describe.
Steps Five and Six: At What Point Does The Effect Of A Governmental Decision
On These Economic Interests Become Material, and Is it Reasonably Foreseeable
That The Effects Will Be Material?
The next step involves determining the materiality standard applicable to
Ccuncilmcmber Johnson's economic interests, as estahlished by regulations 18705 et seq.
After determining the level of economic effect considered to be "material" for each
economic interest, we must then decide whether it is "reasonably foreseeable" that the
effect of a given decision on a given economic interest will be "material." (Regulation
18700(h)(6).) An effect is considered "reasonably foreseeable" ifit is "substantially
likely." (Regulation 18706; in re Thorner (1975) I FPPC Ops. 198.) Whether the
financial consequences of a governmental decision are "substantially likely" at the time
the decision is made depends on the specific facts surrounding the decision. A financial
effect need not be a certainty to be considered reasonably foreseeable. On the other hand,
if an effect is only a mere possibility, it is not reasonably foreseeable. (Jd.)
Absent exceptions which do not apply to the circumstances you have described,
any financial effect on a source of income which is a business entity directly involved in
a governmental decision is presumed to be material (regulation 18705.1 (b)( I )). As to
Ms. Johnson, any financial effect is deemed to be material under regulation 18705.3(a).
The presumption regarding effects on the business entity may be rebutted by contrary
evidence. However, it is Ms. Johnson, not Greenwood Bail Bonds, who owns the real
property at issue. Our focus is thus on Ms. Johnson, and Regulation 18705.3(a)
conclusively provides that any financial effect on her would be material. 4
Since the inevitable outcome of any transfer of Ms. Johnson's real property,
whether by purchase under a negotiated a.b'feement or through eminent domain, is a
payment to Ms. Johnson ranging tTom $75,000 to $350,000 in exchange for her rights in
"' When a parcel of real property is the subject of the kinds of governmental decisions at issue here,
the owner of that real property is necessarily a party to the proceedings and thus is directly involved in that
decision. (See, e.g., the Hallinan Advice Letter, No. A-OO-282.)
4 There is also a separate materiality provision which applies in cases where there is a "nexus"
between duties owed by a public official to a source of income and to the official's public agency This rule
is applicable when a public official is paid by a private person to accomplish some action within the
official's public decisionmaking authority. (Regulation I 870S.3(c).) However. the nexus standard docs not
apply in the present case since it does not appear that Councilmember Johnson is being paid by
Ms. Johnson to assist in her real estatc sales ncgotiations or any subscqucnt cmincnt domain procecdings
File No. A-05-08!
Page No.6
the real property, it is reasonably foreseeable that governmental decisions on the transfer
would have a material financial effect on Ms. Johnson. Council member Johnson then
would have a conflict of interest in such decisions.
Steps Seven and Eight: Exceptions.
An official who might otherwise have a conflict of interest in a particular decision
may still participate in that decision if the circumstances are such that an exception to the
conflict of interest rules might apply. The "public generally" exception may be invoked
when the financial effect of a decision upon a public official's economic interests is not
distinguishable from the effect of the decision on a significant segment of the public
generally. (Section 87103; regulation 18707(a).) Your account of the facts does not
suggest that the "public generally" exception might apply in this case.
An official with a confhct of interest may still participate in the decision under the
"legally required participation" exception. This is an exception that typically applies
when an agency is unable to assemble a quorum of its members without participation of
an official who has a conflict of interest. Again, you have not suggested that this
exception need be considered at present.
If you have other questions on this matter, please contact me at (9 I 6) 322-5660.
Sincerely,
Luisa Menchaca
General Counsel
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By: Lawrence T. Woodlock
Senior Counsel, Legal Division
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