HomeMy WebLinkAboutCDC/2005-32
NOTE: SEE COMPANION RESOLUTION NO. SBHAj200S-S
RESOLUTION NO. CDCj200S-32
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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 REVIT ALIZA TION AREA)
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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
homes for sale and occupancy by homebuyers ("New Homes"); and
WHEREAS, ANR Industries Inc., through its subsidiary Meadowbrook Park Homes
Inc., ("Developer") have constructed and sold the New Homes in fulfilling its obligation under
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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 Agreement 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")
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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 oflow and moderate income
and to provide for the relocation of persons and households occupying substandard dwelling
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units into safe, sanitary and decent housing; and
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WHEREAS, the Agency has identified certain properties for acquisition and assembly
for future development of affordable infill housing within the Meadowbrook Park Revitalization
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CDC/200S-32
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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
WHEREAS, the Agency and the Owner are amenable to entering into the Property
Owner Participation Agreement (OPA) 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 OPA.
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 OPA 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
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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.
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CDC/2005-32
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 AVENUE (APN: 0135-292-39) ("PROPERTY")
(MEADOWBROOK PARK REVITALIZATION AREA)
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the
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Community Development Commission of the City of San Bernardino at a joint regular
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day of October
, 2005, by the following vote to wit:
10 meeting thereof, held on the 3rd
Ayes
11 Commission Members:
12 ESTRADA
LONGVILLE
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MCGINNIS
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DERRY
15 KELLEY
16 JOHNSON
17 MC CAMMACK
Nays
Abstain
Absent
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~L:
0Z_?~/
secre/" /
5!t day of October
,2005.
The foregoing resolution is hereby approved this
Judith V , airperson
Commu ity evelopment Commission
of the C ty f San Bernardino
Approved as to form and Legal Content:
By:
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<.J:."c"''''. '.,..... ~
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CDCj2005-32
REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO
2005
PROPERTY OWNER PARTICIPATION AGREEMENT
(Johnson et al.)
THIS 2005 PROPERTY OWNER PARTICIPATION AGREEMENT (the "Agreement")
is dated as of July 26,2005, by and among Bonnie S. Johnson (the "Owner") and the Redevelopment
Agency ofthe 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 Avenue, 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 of identifying 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:
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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 formation of this Agreement.
Section 2. Effective Date of Al!reement. This Agreement shall take effect following its
approval by the Agency and execution by the parties.
Section 3. Covenant of the Owner to Construct Sinl!le Familv Residential Units
("SFR") on the Property. Subject to the terms 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 conformance 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 permits 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.
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Section 4. A!!encv Not to ReQuest or Assist Housin!! 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 ofthe Housing
Authority for affordable housing development and operation purposes pursuant to the Eminent
Domain Law, Code ofCiv. Proc. Section 1230.010 et seq. The Agency hereby acknowledges that in
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 ofthis 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 Runnin!! With the Land. The provisions of this Agreement shall
be covenants that run with the land and the Property for a term oftwenty 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 NDA
Redevelopment Project Area.
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Section 7.
Termination of A1!:reement.
(a) Provided that the Owner is not in default under the Agreement, the Owner may jointly
terminate this Agreement at his/her discretion for any reason within the first nine (9) months
following the effective date and before the commencement of construction ofthe improvements of
the SFR units on the Property, as provided in Section 3, by serving written notice oftermination of
the Agreement to the Agency which specifically refers to this Section 7 (a) ofthe 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
ofthis Agreement by the Agency is made in material reliance by the Agency on such representations
and warranties:
(1) 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;
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(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 Indemnity. 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 ofthem, in performing 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 form 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 Key
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 term of the construction covenants as set forth in Section 3 of this
Agreement.
Section 11. Notice of Memorandum of Al.!.reement. The parties agree and declare that
the successors and assigns of each shall be bound by the terms of this Agreement. The parties shall
execute and the Agency shall cause to be recorded a Notice of Memorandum of this Agreement
substantially in the form as attached hereto as Exhibit "B" and incorporated by this reference.
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Section 12. Subordination. Ifrequested by the Owner's construction lender, the Agency
may waive, relinquish and subordinate any restrictions or covenants in favor ofthe Agency arising
from this Agreement, to a Construction Loan obtained by the Owner, which Construction Loan shall
provide for the development of the Property in the manner set forth in this Agreement.
Section 13. Attorney's Fees. If either party files any action or brings any action or
proceeding against the other arising out ofthis Agreement, then the prevailing party shall be entitled
to recover as an element of its costs of suit and not as damages, its reasonable attorneys' fees as fixed
by the Court in such action or proceeding or in a separate action or proceeding brought to recover
such attorney's fees. As used herein, the words "attorneys' fee" in the case of the Agency, means and
includes the salary and/or hourly rates, fees, costs and expenses, allocated on an hourly basis, ofthe
attorneys employed by the Office of City Attorney of the City of San Bernardino or the rates charged
by special counsel, in connection with any matter arising under this Agreement.
Section 14. Headinl!s and Attachments. The headings of each section of this Agreement
are provided for purposes of reference and convenience only and do not have any meaning which is
independent of the text of the section of the Agreement to which they may generally correspond.
The following list of attached documents are part of this Agreement:
Exhibit "A"
Vicinity Map and Legal Description of the Property
Exhibit "B"
Notice of Memorandum of Agreement
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CDC/200S-32
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 ( ! '7/ 05
I I
OWNER
~.'6'9~~
Bonnie S. Johnson
AGENCY
Date:/!~0J
Approved As To F rm
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CDC/2005-32
EXHIBIT "A"
Vicinity Map and Legal Description of the Property
4822-2026-7776.1
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CDC/2005-32
FileNo: 07101981
EXHIBIT "A"
. . . .
All that certain real property situated in the County of San BeiTlardino, State of
Calif Of'nia, described as follows =
PARCEL A:
Lot 14, Block "A" of the Daley Tract, in the City of San Bernardino, County of San
Bernardino, State of CaHfornia~ as per map recorded in Book6, 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 BernardiM, County of San
Bernardino, State of California, as per map recorded in Book 6, page(s) 34, of
Maps,din the office of the County Recorder of San Bernardino County.
PARCEL C:
Lots 22, 23 and 24, Block "A" of the DCJley Tract, in the City of San Bernardino, .
County of San Bernardino, State of CaHfornia,as per map, recorded in Book 6,
page(s) 34, of Maps, in the office of the County Recorder of San Bernardino
. CountY.
Q;
CDC/2005-32
EXHIBIT "B"
Notice of Memorandum of Agreement
4822-2026-7776.\
CDC/2005-32
Recorded In Official Records. County of San Bernardino
RECORDING REQUESTED BY,
AND WHEN RECORDED MAIL TO:
LARRY WALKER
Auditor/Controller - Recorder
10111/2005
8:52 AM
LMJ
P Counter
Redevelopment Agency of
the City of San Bernardino
201 North "EN Street, Suite 301
San Bernardino, CA 92401
Ooc#: 2005 - 0758729
1111111111111111
Tilles: 1 Pages: 4
Fees 0.00
Taxes 0.00
Other 0.00
PAlO $0.00
Space Above Line for Use by Recorder
Recording Fee Exempt Pursuant to Government Code Section 6103
MEMORANDUM OF AGREEMENT
THIS MEMORANDUM OF AGREEMENT ("Memorandillll") 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 ofthe 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 ofthe 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 Acquisition 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 ~ 1230.010 et seq. 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 of the Property
by eminent domain
3. IncOl}Joration of Agreement. This Memorandillll is for informational purposes only and
nothing contained in it shall be deemed to in any way modify or otherwise affect any of the provisions
of the Agreement. This Memorandum is subject to all of the provisions of the Agreement and in the
event of any inconsistency between the provisions of the Agreement and this Memorandum, the
provisions of the Agreement shall prevail.
4822-2026-7776.1
CDC/2005-32
4. Counterparts. 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.
5. Covenants Running With the Land. Pursuant to the express terms of Sections 3 and 6
of the Agreement, the covenants described in section 1 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 oftwenty- 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
Date: /(7 ~ ';h ~
/
By:
Date: q / / C; (05
,
/
OWNER
&N<C>'~ ~h/~
Bonnie S. Johnson
STATE OF ~a0u~ , , )
COUNTY OF (\1;1'\ ~lfv\'I,f(iv'\O ) ,
'\ ~
~ On :,.... f O.~ hofore m',~ 1 '0" .' pmoo.l1y 'PP""""
rl;(' ~ ~t~ ~ , personally known to m~~ ~~ is sf satisfasts1') e ,icltl'l.cc) to
be e pJ;sonEs-) whose name~ is.lare subscribed to the within instrument and acknowledged to me that
hefsft84Aeyexecuted the same in his/her/their authorized capacityties1, and that by hi~ signatur~ on
the instrument the personfs1, or the entity upon behalf of which the perso~ acted, executed the instrument.
~~-
t., ... ... ... ... ... ... ... ... ... ... ... ~
~"'. WASANA CHANTHA
n;l:';"f,&, Commission # 1380487 z
': ,t;~.'~i'j;J.~1; Notary Public - California ~
J \';;:jf~' San Bernardino County -
J _"...c,~~,' My Comm. Expires Oct 18, 2CXJ6
Signature
(Seal)
4822-2026-7776.1
CDC/200S-32
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
State of California
County of ~0 ~ .N~L;)i ~) (>
} ss.
Date
On
C\ - lG--o;
personally appeared
~9r13BRill~ hRiI .," tn mo
~ proved to me on the basis of satisfactory
evidence
GOMtI
LISA A. # 1383245 ~
commisSIon Co\itornio e:
Notary pub\l~i~O coul'M
son Bem~~pires Nov 4, 2r:fi:>
My comm.
to be the person~ whose name~GiMe
subscribed to the within instrument and
acknowledged to me that h~the;< executed
the same in ~tReir auth.orized
capacity~, and that by ~their
signatur~on the instrument the person(~ or
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 reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date:
,I
1
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
.
Top of thumb here
l= Individual
[i Corporate Officer - Title(s):
il Partner - L Limited D neral
U Attorney-in-Fact
~ Trustee
U Guardian or
J Other:
Signer Is Representing:
~
@ 1999 National Notary Association. 9350 De Solo Ave" P,O. Box 2402 . Chatsworth, CA 91313-2402. www.nationalnolary.org
Prod. No. 5907
Reorder: Call Toll-Free '-800-876-6827
- r.;~.
CD~/2005-32
File'No: 07101981
EXHIBIT "A"
All that certain real property situated in the Co,-,nty of San Bernardino, State of
Californiat,describedas follows:
PAR<;:EL 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 Book6, 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
. Bernar~ifW, 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 COllnty.
PARCEL C:
LotS 22, 23 and 24, Block "A" ofthe Daley Tract, In the City of San Bernardino,
County of San Bernard/nOt State of Cafifo~n!J,as per map recorded in Book 6,
page(s) 34~ of Maps; In the office of-the e'OUnty Recorder of San Bernardino
· CountY.
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EXHIBIT "C"
) SUMMARY
CITY OF SAN BERNARDINO PLANNING DIVISION
CASE:
AGENDA ITEM:
HEARING DATE:
WARD:
Development Permit Type III No. 03-34
3
November 18,2003
I
OWNER! APPLICANT:
ANR Industries, Inc.
10702 Hathaway Drive, No. I
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 RU-I, Residential Urban, land use district. '
CONSTRAINTS/OVERLAYS:
Flood Zone X Area.
ENVIRONMENTAL FINDINGS:
o Not Applicable
o Exempt from CEQA, Section 15332 - InfilI Development
o No Significant Effects
o Potential Effects, Mitigation Measures and Mitigation Monitoring/Reporting Plan
I
STAFF RECOMMENDA nON:
o Approval
o Conditions
o Denial
o Continuance to:
Development Permit /II 03-34
11118/03
Page 2
) REQUEST AND PROJECT DESCRIPTION
The applicant requests approval of a Development Permit Type III 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 1 and 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 density9f8 units per gross acre
and duplex development, the proposal is for detached single-family homes.
The proposed layouts are as follows:
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 dOQrs and fully landscaped front-yards for all the
.. houses. . A 6- foot vinyl fence will be provided for all homes.
SE'ITING/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-l 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 1I103-34
lll/8/03
Page 3
) BACKGROUND
The Environmental/Development Review Committee (E/DRC) 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-l, 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
Permitted Use Single-Family Residential Permitted Permitted
Density N/A 4.5 du/ac. 4.5 du/ac.
.
. Setbacks
- Front 25' to 30' 25' N/A
- Side 5' min. 5' min. N/A
- Rear 51' to 63' 20' N/A
- Side Street . IS' !. .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
I
',:,
)
/
)
.:.""\ "
\
)
i
Developmeflt Permit III 03-34
1/118/03
Page 4
2.
Is the proposed deyelopment consistent with the General Plan?
Yes, the proposal 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 f~~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 developmeRt.harrmmious and compatible with existing and future
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 ofthe recently completed single-family
residences in this neighborhood.
The homes designs and treatment elements are designed to provide continuity with
. neighboring single-family structures. ArchitectliJal treatments include variatio!1S in roof
style, entry area and garage door designs. All ~indows 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.
) 5.
)
..... ....; .
Development Permit III 03-34
1ll18/03
Page 5
Will there be potential significant negative impacts upon environmental quality and
natural resources that could not be properly mitigated and monitored?
No significant harmful 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 permitted 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
Staildards 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
I
and services 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
pi-eviously'developedin 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 III 03-34
1/118/03
Page 6
-"~
-./
CONCLUSION
The proposal meets all necessary Findings of Fact for approval of the Development Permit Type
III No. 03-34.
RECOMMENDATION
Staff recommends the Planning Commission approve Development Permit (Type Ill) 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,
L~f'&-fvr
Director of Development Services
~.
::,-) Senior Planner
Attachment A
Attachment B
Attachment C
Attachment D
Location Map
SitelFloorlElevation Plans,
Conditional of Approval
Standard Requirements
")
./
ATTACHMENT A
,., \ CITY OF SAN BERNARDINO PROJECT: DP III NO. 03-34
I PLANNING DIVISION
LOCATION MAP
LAND USE DISTRICTS HEARING DATE: 11/5/03
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ATTACHMENT C
CONDITIONS OF APPROVAL
DPIII 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.
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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 "attor:rteys fees" for the purpose 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 plan(s) approved by the Director,
Development Review Committee, Planning Commission or Mayor and Common Council.
Minor modification to the plan(s) shall be subject to approval by the Director through a
minor modification permit process. Any modification which exceeds 10% of the following
allowable measurable design/site considerations shall require the refiling of the original
application and a subsequent hearing by the appropriate hearing review authority if
applicable:
DP III No. 03-21
Conditions of Approval
Page 2
.")
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.
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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 structlfral
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 finish materials shall be reviewed and approved by
. the Planning Division prior to commencement of work through a Minor Modification.
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.
11. Additional single family development within the two-block area shall require a Development
Permit Type I.
12. All front yards shall be landscaped and shall include a minimum of one 24" box tree.
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DP III No. 03-21
Conditions of Approval
Page 3
13. The applicant shall implement SCAQMD Rule 403 and standard construction practices
during all operations capable of generation fugitive dust will include but not be limited to the
use of best available control measures and reasonably available control measures such as:
a. Water active staging areas at least twice daily as needed;
b. Suspend activities when wind gusts exceed 25 mph;
c. Enforce on-site speed limits on surface to 15 mph;
d. Sweep public paved roads if visible debris is carried off-site;
e. Discontinue construction activities during Stage 1 smog episodes.
14. Submittal requirements for permit applications (building, site improvements, landscaping,
. etc.) to Building Plan Check and/or Public Works/Engineering shall include all Conditions of
Approval and Standard Requirements issued with the Planning approval.
15. This permit or approval is subject to the attached conditions or requirements of the following
City Departments or Divisions:
a. Plan Check Division
b. Public Works Division
c, Fire Department
d. Public Services Department
e. Water Department
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City of San Bernardino
STANDARD REQmREMENTS
Development ServiceslPlan Check Division
Property address:
DRC/CUP/DP: bfJ1L03 -3t
DATE: lO ( 9 I 0 ?;>
NOTE; NO PLANS WILL BE ACCEPTED
CHECK WITHOUT CONDITIONS OF
IMPRINTED ON PLAN SHEETS.
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 (label use of all 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 checkdeposit fee will be required upon submittal of plans.
Call Development Services (plan check) 909-384-5071 for amount.
FOR PLAN
APPROV AL
1.
The title sheet of the plans must specify the occupancy classification, type of construction, if
the building has sprinklers, & the current appUcat,le codes.
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. . . . - . '. .. ... .' -' ..' , .
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 plaits.
)5. Submit grading, site, and/or landscape plans to Public Works/Engineering for plan check
approval and permits. For more information, phone 909-384-5111.
300 N 'D' Street San Bernardino CA 924[8
909-384-5071 Office
909-384-5080 Fax
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Fire sprinkler plans, fires suppression system plans, etc., shall be submitted to the Fire
Department for plan check approval and permits. For information, phone 909-384-5388.
7.
Signs require 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 occupancies will require
clearances and approved plans from San Bernardino County Health Department. For
information, phone 909-387-3043.
9.
Occupancies that include restaurants, cat washes, automotive repair/auto body, dentist
offices, food preparation facilities or processing plants, etc. may require approvals and
permits from San Bernardino Water Reclamation. For information, phone 909-384-5141.
An air quality permit may be required. Contact South Coast Air Quality Management'
Division for information, phone 909-396-2000.
10.
11.
State of California Business & Professions Code/Contractors License Law requires that
permits can 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 FOR 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 '0' Street San Bernardino CA 92418
909-384-507\ Office
909-384-5080 Fax
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STANDARD REQUIREMENTS
DEPARTMENT OF DEVELOPMENT SERVICES/PUBLIC WORKS DIVISION
CASE NO: DP ItI 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 Street
. NOTE TO APPLICANT: Where separate Engineering plans are required, the applicant is
responsible for submitting the Engineering plans directly to the Engineering Division. They
may be submitted prior to submittal of Building Plans. ...
. . 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 (NOI)" shaH be filed with the
State Water Quality Gontrol 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. Gradin~and Landscaping
a) If more than l' of fill or 2' of cut is proposed, the site/ploUgrading and
drainage plan shalt be signed by a Registered Civil Engineer and a
grading permit will be required. The grading plan shaH 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
10/29/2003
-)
STANDARD REQUIREMENTS
DEPARTMENT OF DEVELOPMENT SERVICES/PUBLlC 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 Z'd Street and north of Rialto Street
b)
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.
3.
Utilities
. 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).
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.
Page 2 of 7 Pages
10/29/2003
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STANDARD REQUIREMENTS
OEPARTMENT OF OEVELOPMENT SERVICES/PUBLIC WORKS DIVISION
.
CASE NO: DP /11 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) 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
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STANDARD REQUIREMENTS
DEPARTMENT OF DEVELOPMENT SERVICES/PUBLIC WORKS DIVISION
.
I CASE NO: DP 1/1 03-34 DESCRIPTION: Construct 22 single family
homes on existing lot
APPLICANT: ANRlndustries, . .
LOCATION: East of Sierra Way, between
Inc. south of 2"d Street and north of Ria/to Street
4. Street hnprovement and Dedications
a)
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 Bernardino "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. W.w{fY Curb Line@
Rialto Street 44 feet 32 feet
2nd Street 41.25 feet 33 feet
. "-
Sierra Way 41 .25 feet 32 feet
.
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Page 4 of 7 Pages
10/29/2003
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. STANDARD REQUIREMENTS
DEPARTMENT OF DEVELOPMENT SERVICES/PUBLIC WORKS DIVISION
CASE NO: DP 1/1 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 Street
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 '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.
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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.
h) ,curb returns at the intersection of two arterial streets shall be 35 feet
...Unless6therwiseapprov'ed by the City Engineer. ..
5. Required Engineering Permits
a) Grading permit (If applicable.).
b) . On-site improvements construction permit (except buildings - see
Development Services-Building Division), including landscaping~
Page 5 of 7 Pages
10/2912003
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STANDARD REQUIREMENTS
DEPARTMENT OF DEVELOPMENT SERVICES/PUBLIC 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 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 case 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 the estimated construction cost3 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.systemfee 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.
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Page 6 of 7 Pages
10/29/2003
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STANDARD REQUIREMENTS
DEPARTMENT OF DEVELOPMENT SERVICES/PUBLIC WORKS DIVISION
CASE NO: DP '" 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 Street
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
10/29/2003
t3 IE'. fZ..R
CITY OF SAN BERNARDINO FIRE DEPARTMENT
STANDARD REQUIREMENTS Case: DP71l (]3.y/-
Date: /tY-9.5
Reviewed By: GcT<'.1
Ac<..E N
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GENERAL REQUIREMENTS:
{3 Provide one additional sel of conslruction plans te Building and Safety for Rre Department use at time of plan check. . , .
Conlac;t lhe City of San Bernardino Rre Departmenl al (909) 384-5585 for specific deIaiIed requirem'lfllS.
The developer shaa provide for adequale fire flow. Minimum lire Row requirements shaU be based on square foolage. conslruction features, and exposure
. infonnalion supplied by the developer and!!!!!!! be available prior to placing combustible malerials on s~e.
WATER PURVEYOR FOR FIRE PROTECTION:
o The fire protection waler service for the area of this project is provided by:
o San Bernardino Municipal Waler Departmenl-Engineering (909) 384-5391
o East Vafley Waler Dislrict-Engineering (909) 888-8986
o OlherWatec purveyor.
Phone:
PUBLIC ARE PROTECTION FACILITIES:
o:r- Public lilll hydIanIs are required along streets al intervals not to .eKceed 300 feet for commercial and mutti-residential areas and al intervals not to elCCOOd
500 feet lor I8SidenliaI areas. .
flY Fire.hydrant ~~f 1.500 gpm at a 20 psi minimum resk!. ual pressure are required lor commercial and m.ulti-residential areas. Minimum lire
hydfant flow ral 1,000 a 20 psi minimum residual pressulll are required lor residential areas.
. UV Fire hydrant two a. . .' 1/00 shall be jointly determined by lhe Cily of San Bemardino Rre Department in conjunction Voith.lhe waler purveyor. Rre
....-hydrant materials and installalion shall contorm 10 the slandards and SpecifICations of the waler purveyor.
I!a' Public filll hydrants, flf6 services, and public waler lacil~ies necessary 10 meet Fire Department requirements are the developer's financial responsibility and
shaU be inslalled by the water purveyor or by Ihe developer at lhe waler purveyor's discretion. Contact the waler purveyor indicaled above lor additional
Information.
ACCESS:
B Provide \YoO separate. dedicated rolt.es at ingress/egress 10 the property enlrance. The routes shall be paved. all weather. .
ProvIde an aCC8S$ road 10 each building for fire apparatus. Access roadway shall have an all-weather driving surface at nolless than 20 feel 01 unob.
stnJcled v.idth.
o Extend roadway 10 Voilhln 150 feet of all portions of the elderior wall 01 all single story buildings.
~ Extend roadway 10 ~hin 50leet ollhe e;<Ienor wall 01 all muttiple-slory buildings.
'... . Provide "NO PARKING" signs whenever parking 01 vehicles MlUld possible reduce the clearance at access roadways 10 less than the required Voidth. Signs
are 10 read "ARE LANE-NO PARKING-M.C. Sec. 15.16-.
d Dead-end streets shall nol exceed 500 feet in length and shall have a minimum 40 fool radius turnaround.
o The n8fl!eS of any new slreets (pUblic .or private) shall be submitted 10 the Fire Department for approval.
SITE:
o AU access roads and slreels are 10 be conslrucled and usable prior to combvstible conslruction.
o Private fire hydrants shall be installed 1':1 protect each building located more than 150 leellrom the c:Jro line. No lire hydrants should be Voithin 40 leel of any
elderior waR. The hydrants shall be Wel Barrellype, v.ith one 2~ inch and 4 inch outlel, and approved by lhe Rre Department Areas adjacent to fire
hydrants shall be designated as a "NO PARKING" zone by painting an 8 inch Voide, red stripe lor 15 leet in each direction in fronl 01 the hydranl in such a
manner that it v.il1 not be blocked by parked vehicles. Lettering to be in white 6" by W.
BUUdlINGS:
IIY AddIllS$ numerals shall be instailed on th<. buildin;j at the Irani or other approved location in such a manner as 10 be. visible lroorlhe frontage street Com-
men:iat and multi lamil~ addless numerals shall be 6 inches tal~ single family address numerals shafl be 4 inches taU. The color otthe numerals shaU con-
trast~".~oIl.hl3backgroUnd. . . '. .
o .lcMcdyeadlpsend electric meterv.ith.lhe number of the unit ltserves.
o FireextingWlhers must be inst,;lledpri.or t? the building Deing occupied. The minimum rating lor any fire eldinl)ulsher Is 2A 10BlC. Minimum distribution 01
fire eKtinguishers rnust be such thai n<; interior pa!1 olthe bI,itding Is over 75 leet travel distance lrom a lire eldinguisher.
o ApaIlmenthouses ~ 16 or more units, hotels (motals) .Mtil20 or moro unit:;, or apartmenls or hOlels (motels) three slories or more in height shall be
equipped v.tth automatic fire sprinklers dasig"6iJ 10 NFP A standards. .
o M buUdings, over 5.000 square feel, shall 00 equippoo with an automat;:' fiie sprinker system designed to NFPA standards. This includes existing buildings
vacant over 365 days.
o Submit.plans lor the fire protection sysl;>.(il to thi! Fire Depanmenl prior 10 beginning conslruction 01 the syslem. Perm~ required.
o Tenant inlprovements in all sprinkle",':: bUIldingS are to be approved by the Fire Departmenl prn>r t~ start 01 construction. Permit required.
o Provide fire alarm (required throughoUlj. Pia;1s must be approved by the Rre Departmenl prior to slart 01 installalion. Permit required.
o F'Ife Departmenl conneclion 10 spritllder SY$\e'i\!slanjpipe system, shall be ,equired at Fire Department approved location.
o Fire Code Pennit required, applyal 200 "ast :.lr:l streel, (909) 384-5388.
o 1"119 Sprinkler monitoring required. Plall3 must be appro'Ied by the Rre Department priorto Ihe start oi constructi"n. Permil required.
o Occupant Load.
Note: The applicant must request, in writii,g, any cha";Jes 10 Fire Departmenl requirements.
ADOITIONALINFORMATION: C<JH7H:.4_-:n.f.c:...~12. ~pAP:F~^rr AT-.tCJVCJ) ;3~- 5391 Fop, F/~
......~ 01-1 ~P,€~DI?AJ.L7s..~---!.E- Ft-OvI/ DO;:;;'""; Nv1 M6~""" /11td/IllUm \S-r"AllnAfD
,J,c laJo C::PM ~. 20_.I?;5f VlAl W/L-& F3G P6f}YJII!G'O 70 lfi/.<:;rA/f AAI A'JfCYl1ft77C
':/R~ \.gp/?"INKt.E/L ~p::U::rrLjN.. TilE \..TrR.UCAi/~E (<),
fP8 170 (o:t-03)
City of San Bernardino Public Services Department
Standard Development Requirements
300 North 0 Street - 4th 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 City 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
5. Residential units sh~1I construct a minimum 4 feet by I I 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.
>)The 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 requirements shall
not limit requirements 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 clear for
automated -service- cans, with a minimum 2-foot setback and 13"foot .vertical 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 D Street - 4th Floor
San Bernardino, CA 92418
,
Project Number: DP 111 03-34 Project Planner: Aron Liang Review Date: 10.9.2003
.
Project Description/Business Name: Construct 22 SF homes on existing residential lots in two phases.
. Service Accouin:
Project location/Address: 0135-291-02 et al between Second Street and Rialto Avenue, cart service
west of Sierra Way and east of Allen Street.
Reviewed By: Michelle Dyck-Turner 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
permits for each activity.
The information 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.
.-.,~:...
~-..." ) 0 Demolition & Site Preparation I 0 Construction I Renovation -1 0 Business Operations or Event
. Additional .Requirements or Recommendations
.
-, ".
I
,/
MD/PS 6.27.2003
.' .....
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. :./;~~':71~!~~~~:~lc,:~g~:rJf*\Z'~~%~;~';H1f~~4f:~~'
. .SANB~ARDINOMUNlCIPALWATER DEPAR:rMENT ..'
sTANnARD REQuiREMENTs
t'V\ ..1 t J '
. I
Date Compiled:
Compiled By:
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loview ofP1ans: .p f\ \L. ,,--, r- 0 -:S - J '-\
)woerlDeveloper: 1'.1 \;.:... -;' ; ..., .: '""\ \< . ,.,., - :;. : 'Co f ., ~ ,.\.
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)po of Project:
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Number of Units:
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.ocItioo: '. I "..' i .
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VATER DEPARTMENT ENGINEERING:
:ontact: .J f" '.' ',' , j r:..
Phone:
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Fax:
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late: All Wal.er Services are Subject ~o ~ ~~~ & R~gu~i~1l5 or ~ WaI.~r D~.
lSize of Main Adjacent tbe Project: ! . c.J:. ., \ I " . ' '.. _ . i d' [j
'::'Approximate Wal.erPressure: I" ~. ':. ']... Elevation of WaJ.er Storqe: I ::-. ' I 'f .f 1 Hydrant Flow @ 20 psi:
~Type. Size, Location. and Distance to Nearest Fire Hydrant: - . .' I / :..J V. . . '-T
I '- f2 r;::::, : ::-:? ~"; .~ \ :" ;";:::' r. c.
1 n f ! ~! I ~ ...... : .-' : . ':_~:, / i ;::.: ! 1-' \
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t ~sure Regulal.or Required on Customer', Side on the Meter.
l Off-site .y.tal.er Facilities Required.
l Area Not Served by San Bernardino Municipal Wal.er Department.
!....i::: '0: ::.::"-.~;
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l Cominents:
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'~R OUALITY CONTROL:
,
;oat~t: G..~: J t.; "- r...
).R.P.P. Bac\d1ow Device Required ~ Service Connection.
f Double Check Backflow Device Required at !>ervice Connection.
I Bac\d1ow Device to be Inspected Before Water Service can be Activated.
l No Bac\d1ow Device Required aI. This Time.
Phone: _,./' i - ::: I :.. .{
~NVlRONMENTAL CONTROLIINDUSTRIAL WASTE:
~ntact:" A t..; \~\I C .~ ;;I. .."v Phone: ~.'" / . - Fax: ~- [: '(
'. . . I '..... .
~olO:. No Brine Reg~ive Wal.ei- Softeners Maybe Installed. UnleSs Holding and Hauling ~. Provided for the Brine~ ~~~~:~.",'~.
will be a 1200 Gallon Capacity with a Sample Box Included.
] Industrial WastePennit Required.
~~'...-:::;
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] Grease Inl';rceptor Required.
] Pre-treatmerit Required.
:EWER CAPACITY INFORMATION:
o Sand/Oil Interceptor Required.
16 No Issues aI. tltis Time. .'
- ? k . S > r::...,.'
::ootaci:' f'J /-: I l "! ji ':'p." ;:;0'. i Phone: ___f) 'I i '/ Fax:;:.....:c\.I:::'.:.: .l.s;.~;;:..
.:. . . . _ . . .' '_, - ~~..::~.:.:,:;.:~t~~.r
late:' .Proof of Payment Must be Submitted to the Building & Safety Department Prior to Issuance of tbe Building Pennie:'o:'~;' :.,"::<:;~:{~~
] N~ Se~e~Capacity Fee Appli~~I~ al.This Time.' .... . . .'. . .' ..~"71-};;...':.:zn;~f '.
/~i eaPscitYFee Must Be paid to the Water I>~ for- Gallo~ Per Day, Equivalent Dweil~Uoitk'~~~'f
&~:ft~1t::::~~Pcium. ...... ,;~r1.;.~tf
';I1~;0!~~~~iil~~~~~iiili::i~:.ik~~!1t~~~fi;.;~;;~1~tft~li~~~~~i~