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MAYOR & COMMON COUNCIL AND
COMMUNITY DEVELOPMENT COMMISSION
MEETING BACKUP
MEETING DATE: 12/04/06
DEPUTY: Linda Sutherland
ITEM NO. STATUS
23 Set public hearing for 01/08/07
34 Referred to Planning Commission 01/09/07 - Continued to 01/22/07
36 Continued to 01/22/07
CITY OF SAN BERNARDINO-REQUEST FOR COUNCIL ACTION
_rom: Valerie C. Ross, Director
Dept: Development Services
Subject: Appeal No. 06-15 - Appeal of Planning
Commission approval of Tentative Parcel Map No.
17052 and Development Permit II No. 04-54 to
request elimination of a mitigation measure requiring
a fair-share contribution to the long-term operation
and maintenance of the Verdemont Fire Station. The
project site is located on the south side of Industrial
Parkway between Cable Creek and Devil Creek in
the IH, Industrial Heavy land use district.
Date: November 13, 2006
MCC Date: December 4, 2006
Synopsis of Previous Council Action:
None
Recommended Motion:
That the hearing be closed and that the Mayor and Common Council deny the appeal and uphold the Planning
Commission approval of Tentative Parcel Map No. 17052 and Development Permit II No. 04-54, based upon
.dings of Fact contained in in the Planning Commission Staff Report dated October 3, 2006, subject to the
nditions of Approval and Standard Requirements approved by the Planning Commission.
J/JAWOIl?Hr
Valerie C. Ross
Contact person: Aron Liang, Senior Planner
Phone: 384-5057
Supporting data attached: Staff Report
Ward(s):
6
FUNDING REQillREMENTS:
Amount: N/A
Source: (Acct. No.)
(Acct. Description)
Finance:
_uncil Notes:
J;J.~
Agenda Item No. -JP-
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
SUBJECT: TENTATNE PARCEL MAP NO. 17052 (SUBDNISION NO. 04-35) &
DEVELOPMENT PERMIT II NO. 04-54 (APPEAL NO. 06-15)
Owner/Applicant:
Victor Dipietro
Vic Vin Enterprises, LLC
16400 Southcenter Parkway No. 308
Seattle, W A 98188
206.394.9630
Appellant:
Barry A. Ross
Attorney at Law
7700 Irvine Center Drive, Ste. 710
Irvine, CA 92618-2929
949.727.0977
BACKGROUND
The Platming Commission approved Tentative Parcel Map No. 17052 and Development Permit
Type II No. 04-35 (the Vic Vin Project) on October 3, 2006, 2006. The project site is located on
the south side of Industrial Parkway between Cable Creek and Devil Creek in the IH, Industrial
Heavy land use district (Exhibit 1). The Platming Commission approval authorized the
subdivision of approximately 10.33 acres into two parcels and construction of two industrial
buildings of approximately 49,616 square feet and approximately 138,078 square feet (Exhibit
2). The Platming Commission approval was unanimous, with Commissioners Enciso, Heasley,
Mulvihill, Munoz, Rawls, and Sauerbrun voting in favor of the project. Commissioners Coute,
Durr, and Longville were absent.
At the October 3, 2006, Platming Commission hearing, Mr. Barry A. Ross represented the
applicant, Vic Vin Enterprises, LLC. Mr. Ross spoke in favor of the Vic Vin project and said that
the conditions of approval were all acceptable to the applicant except for one of the mitigation
measures included as a condition of approval. The mitigation measure requires a fair-share
contribution to the long-term operation and maintenance of the Verdemont Fire Station.
Mr. Ross explained the reasons for the applicant's objection to this requirement, as stated in a
letter to the Planning Commission dated October 3, 2006.
Barry A. Ross filed an appeal of the Planning Commission approval ofthe Vic Vin Project on
October 12, 2006 (Exhibit 3). The appeal requests elimination of the Verdemont Fire Station
mitigation measure and refers to the October 3, 2006 letter presented to the Planning
Commission to explain the grounds for the appeal. Therefore, staffhas attached the October 3,
2006 letter as part of the appeal application (Exhibit 3).
Timothy J. Sabo, of the law firm of Lewis, Brisbois, Bisgaard & Smith, attended the October 3,.
2006 Planning Commission hearing and responded on behalf of the City to the arguments
presented by Mr. Ross in objection to the Verdemont Fire Station mitigation measure. Mr. Sabo
served as special counsel to the City on infrastructure financing issues within the Verdemont
area, including the Verdemont Fire Station. Mr. Sabo presented a detailed history of how
construction of the Verdemont Fire Station was financed and how the impact of new
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Appeal No. 06-15
TPM No. 17052 & DPII No. 04-54
Hearing Date: December 4, 2006
Page 2
development on emergency services was quantified to determine the impact mitigation required
pursuant to the California Environmental Quality Act (CEQA).
Mr. Sabo explained Section XIII of the Initial Study (Attaclunent E to Exhibit 2), which contains
an analysis of potential impacts of the project on Public Services. The impact of the project on
the City's ability to deliver emergency services according to the response standards adopted by
the Council is identified as a potentially significant impact, requiring mitigation. The mitigation
measure presented in the Initial Study and the Mitigation MonitoringlReporting Plan (MM/RP)
and incorporated by reference in the conditions of approval is the subject of the appeal. The
mitigation measure requires payment of the project's fair share of the cost oflong-term operation
and maintenance of the Verdemont Fire Station and offers two alternative means of satisfying
this oblig;ation:
(1) Payment of the in-lieu fee established by Resolution No. 2004-107; or
(2) Execution of an irrevocable agreement to annex to Community Facilities District No.1 033.
Detailed background information supporting the mitigation measure is attached in Exhibit 4, the
supporting documents presented by Mr. Sabo to the Planning Commission.
FINANCIAL IMPACT
None. The applicant paid the appeal fees.
RECOMMENDATION
That the hearing be closed and that the Mayor and Council deny the appeal and uphold the
Planning Commission approval of Tentative Parcel Map No. 17052 and Development Permit II
No. 04-54, based upon Findings of Fact contained in in the Planning Commission Staff Report
dated October 3, 2006, 2006, subject to the Conditions of Approval and Standard Requirements
approved by the Planning Commission.
EXHffiITS:
1. Location Map
2. Planning Commission Staff Report
3. Appeal Application, including October 3, 2006 letter from Barry A. Ross to the
Planning Commission
4. Background documents presented to the Planning Commission by
Timothy J. Sabo on October 3, 2006, 2006
EXHIBIT 1
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CITY OF SAN BERNARDINO
PLANNING DIVISION
LOCATION MAP
LAND USE DISTRICTS
PRO.JECT: TPM 17052
DPII 04-54
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NORTH
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EXHIBIT 2
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CITY OF SAN BERNARDINO PLANNING DIVISION
CASE:
Tentative Parcel Map No. 17052 (Subdivision No. 04-35) &
Development Permit II No. 04-54
2
10/3/06
6
AGENDA ITEM:
HEARING DATE:
WARD:
OWNER:
Michael & David Hardy
10397 Alder Avenue
Bloomington, CA 92316
909.208.0774 .
APPLICANT:
Pam Steele
Hogle-Ireland, Inc.
4280 Latham Street
Riverside, CA 92501
951.787.9222
REQUEST/LOCATION:
The applicant proposes to subdivide approximately 10.33 acres into two parcels of
approximately 6.7 acres and approximately 3.6 acres. Also requested is a Development Permit
to construct two industrial buildings. Building A will be approximately 49,616 square feet and
Building B will be approximately 138,078 square feet. The project site is located on the south
side of Industrial Parkway between Cable Creek and Devil Creek in the IH. Industrial Heavy
land use district.
CONSTRAINTS/OVERLAYS:
Flood Zone X Shaded.
ENVIRONMENTAL FINDINGS:
o Exempt from CEQA
:J No Significant Effect
o Negative Declaration
Ii'] Potential Effects, Mitigation Measures and Mitigation Monitoring/Reporting Plan
STAFF RECOMMENDATION:
6!l Approval
6!l Conditions
:J Denial
:J Continuance to:
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TPM No. J 7052 (Sub 04-35)
DPll No. 04-54
Hearing Date: 10.3.06
Page 2
REQUEST AND PROJECT DESCRIPTION
This request is for approval of Tentative Parcel Map No. 17052 (Subdivision No. 04-35) under
the authority of Development Code Section 19.66.070 to consolidate and subdivide
approximately 10.33 acres into 2 parcels. Parcel I will be approximately 6.73 acres and
Parcel 2 will be approximately 3.60 acres. Development Permit II No. 04-54 is a request for
approvallO construct tWO industrial buildings. Building A will be approximately 49,616
square feet and Building B will be approximately 138,078 square feet. The project site is
located on the sOUlh side of Industrial Parkway between Cable Creek and Devil Creek in the
IH, Industrial Heavy land use district (Auachment A).
The project site has been designed for twO industrial buildings with Building A located closest
to the northerly property boundary and Building B located closest to the southerly property
boundary. with parking abuuing immediately lO the north and south of Buildings A and Band
landscaping surrounding the project site. There are three proposed entrances on Industrial
Parkway lO the project site. All building frontages will front Industrial Parkway and the design
of the buildings complies with the architectural Design Guidelines for industrial buildings in
the Development Code.
SETTING/SITE CHARACTERISTICS
The project site is currently vacant and generally level. Surrounding improvements to the
south, east and west are the Cable Creek and Devil Creek flood control channels in the PFC,
Public Flood Control land use district. To the north across Industrial Parkway is a warehouse
facility in the IH, Industrial Heavy land use district.
BACKGROUND
The proposed project was first reviewed by the Development/Environmental Review
Commiuee (D/ERC) on March 24,2005 where comments were issued and the project was
continued lO allow for the applicant to revise the site plan to address on-site landscaping
requirements, architectural articulations, trash enclosures, paths of travel and preparation of
environmental documents. The applicant provided revisions and documents as requested, and
on February 2, 2006, the D/ERC reviewed the revised plans and the Initial Study and
determined that the Initial Study adequately addressed the environmental issues and
recommended that it be released for public review, and moved the project to Planning
Commission.
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
Hogle-Ireland prepared an Initial Study on behalf of the project applicant. The Environmental
Review Committee independently reviewed, analyzed, and exercised judgement in reviewing
the Initial Study and mitigation measures in making its determination. Pursuant to the Public
Resources Code and CEQA guidelines, a Notice of Intent to adopt a Mitigated Negative
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TPM No. 17052 (Sub 04-35)
DPJ/ No. 04-54
Hearing Date: 10.3.06
Page 3
Declaration was filed with the County and the Initial Study was made available to the public
for review and comment beginning on February 9, 2006, and ending on February 28, 2006.
One comment was received from the Flood Control Division of the County Public Works
Department requiring the applicant to submit a plan for flood hazard review. The applicant
has complied with the Flood Control Division requirements.
After public review of the Initial Study, the applicant questioned and objected to the mitigation
measure requiring a fair share contribution to funding the on-going operation and maintenance
of the Verdemont Fire Station that was related to the new development portion of the total
annual costs of such operations and maintenance. The applicant retained two separate attorney
firms who directed their written inquires through the City Attorney's Office, and the City
Attorney's Office has provided written responses to all such written inquires. As a result of
further review of the Initial Study by staff, and subject to advice from the City Attorney's
Office. staff clarified the analysis maintained the mitigation requirements pertaining to the
Verdemont Fire Station as is currently set forth in the Initial Study on pages IS38 and IS39.
This information, including the Verdemont Fire Station discussions in the Initial Study, has
been transmitted to the applicant and staff has scheduled the project for review by the Planning
Commission.
FINDINGS AND ANALYSIS
TENTATIVE PARCEL MAP
1.
Is the proposed map consistent with the General Plan and Development Code?
The proposed parcel map is consistent with the General Plan and Development Code.
The parcels created will meet the lot size, lot coverage, and access requirements as
shown in Table A below. General Plan Policy 2.7.5 requires that development be
contingent upon the ability of public infrastructure to provide sufficient capacity to
accommodate its demands. and the proposed project will provide connections to City
water and sewer services, roads, storm drains, and public utilities.
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TPM No. 17052 (Sub 04-35)
DPll No. 04-54
Hearing Date: 10.3.06
Page 4
TABLE A -DEVELOPMENT CODE AND GENERAL PLAN CONSISTENCY
CATEGORY PROPOSAL DEVELOPMENT CODE GENERAL
PLAN
Permitted Use I Parcel Map Subdivision Consistent Consistent
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I Parcel I: 3.6 acres 20,000 sq.ft. minimum
Lot Area Parcel 2: 6.7 acres. (.45 acres) N/A
Lot Coverage Parcel I: 42 % 75 % maximum Consistent
Parcel 2: 47%
I ACL:t:ss 2 sLandard means 2 standard means Consistent
2.
Is the design of the proposed subdivision consistent with the General Plan?
The design of the proposed subdivision is consistent with General Plan policies and
objectives. Goal 2.2 promotes development that integrates with and minimizes impacts
on surrounding land uses, and the proposed project is surrounded by industrial
development and vacant industrial land. The proposed subdivision will not affect the
development potential of the property. Therefore, the design of the subdivision will not
affect General Plan policies.
3.
Is the site physically suitable for the type of proposed development?
The tentative parcel map conforms to the subdivision design standards for minimum lot
size, lot coverage, and access as specified by the Development Code. The location is
accessible by several major transportation corridors, including Industrial
Parkway/Hallmark Parkway and the Interstate 215 freeway. Connecting to the existing
utility lines surrounding the location can provide water, sewer, electricity, storm drain,
and telephone services.
4. Is the site physically suitable for the proposed density of development?
The site is physically suitable for the proposal and provides adequate infrastructure for
industrial development. The site is generally flat and surrounded by similar industrial
development. The proposed division is consistent with the Subdivision Map Act, the
General Plan and the Development Code, and the proposed parcels will be compatible
with the surrounding area,
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TPM No. /7052 (Sub 04-35)
DPII No. 04-54
Hearing Dare: /0.3.06
Page 5
5.
Is the design of the subdivision likely to cause substantial environmental damage, or
substantially and unavoidably injure fish or wildlife or their habitat?
. The subdivision will not cause substantial environmental damage or injure fish or
wildlife or their habitat. The project site is not located in the biological resource overlay
district as shown on Figure NRC-2 of the General Plan. A complete environmental
review was completed in accordance with the CEQA Guidelines to determine the
presence and extent of any environmental resources, and none were identified, as
discussed in the Initial Srudy (Attachment E). This project will be subject to the
mitigation measures contained in the Mitigation Monitoring/Reporting Plan (Attachment
F).
6. Is the design of the subdivision likely to cause serious public health problems?
There are no environmental or other conditions that are likely to cause serious public
health problems. The design of the subdivision meets the requirements of the
Development Code, and makes adequate provisions to accommodate access,
circulation, water supply and other services.
7.
Will the design of the subdivision or the type of improvements conflict with any
easements. acquired by the public at large. for access through or use of, property
within the proposed subdivision?
The design of the subdivision and the proposed improvements will not conflict with any
public easements. All easements have been identified, and the project has been designed
to accommodate or relocate all easements. All documentation relating to easements and
dedications will be reviewed and approved by the City Engineer prior to recordation of
the Final Parcel Map.
DEVELOPMENT PERMIT
I. 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?
The proposed development and intended land uses will be compatible with existing and
furure development in the surrounding area. The proposed project complies with the
development standards contained in the Development Code as shown in Table B.
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TPM No. 17052 (Sub 04-35)
DPll No. 04-54
Hearing Dare: 10.3.06
Page 6
TABLE B - DEVELOPMENT CODE AND GENERAL PLAN CONSISTENCY
, i
CATEGORY PROPOSAL DEVELOPMENT CODE GENERAL
PLAN
Permitted Use Warehousing. Distribution, Permitted Consistent
Oftice. etc.
I
Height I 38 feet / 1 story 50 ft. / 2 stories n/a
i
! Setbacks
- Front > 10 ft. 10 ft. min. n/a
. Side 10 ft. min. 10 ft. min.
. Street Side N/A 10 ft. min.
- Rear 10 ft. min. 10 ft. min.
Landscaping 15 % min. 15 % min. n/a
I
I Parking 236 stalls 220 stalls nla
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2. Is The proposed d{!velopment consisTent with The General Plan?
The proposed development and intended uses are consistent with the General Plan.
Land Use Policy 2.5.4 requires that all new structures achieve a high level of
architectural design and provide careful attention to detail. Policy 5.7.11 requires
loading bays to be oriented away from street frontage and entries. The proposed project
meets these goals and policies, and the project will implement the General Plan.
3.
Is The proposed development harmonious and compaTible wiTh existing and future
developments within the land use diSTrict and general area, as well as the land uses
presently on the subject property?
The proposed uses will be compatible with existing and future development in the
surrounding area. The properties surrounding the project site have been developed with
heavy industrial uses, including outdoor processing and storage of materials. Future
development will be required to meet the requirements of the IH, Industrial Heavy,
land use district, which will be similar to the proposed project.
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TPM No. 17052 (Sub 04-35)
DPll No. 04-54
Hearing Dale: 10.3.06
Page 7
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?
Approval of the Development Permit is in compliance with the requirements of the
California Environmental Quality Act (CEQA) and Development Code ~19.20.030(6)
pertaining to environmental resources and constraints. There are no sensitive habitats or
species on the project site, and no other environmental constraints have been identified.
The Development/Environmental Review Committee has recommended that a Mitigated
Negative Declaration and Mitigation Monitoring/Reporting Plan (Attachment F) be
adopted for this project. The Development/Environmental Review Committee and the
Planning Commission independently reviewed and analyzed the Initial Study and
M M RP. and exerc ised independent judgement in consideration of the proposed project.
5
Will there be pOlential significant negative impacts upon environmental quality and
natural resources that could not be properly mitigated and monitored?
The proposed project will not cause significant adverse impacts on environmental
quality or natural resources. The project site is not listed in any state or federal
databases of hazardous sites. A complete environmental review was completed in
accordance with the CEQA Guidelines to determine the presence and extent of any
environmental resources, as discussed in the Initial Study (Attachment E).
6.
Is the subject site physically suitable for the type and density/intensity of use being
proposed?
The site has an appropriate size and location for heavy industrial uses. Improvements to
infrastructure and utilities will provide the necessary services to the project. The
proposal meets the standards for setbacks, access, parking, lot coverage, landscaping,
drainage and utilities, and therefore the proposed density/intensity of uses can be
accommodated.
7.
Are there adequate provisions for public access, water, sanitation, and public utilities
and services to ensure that the proposed use would not be detrimental to public health
and safety?
All agencies responsible for providing access, water, sanitation, utilities, and other
public services have had the opportunity to review the proposal. None have indicated
an inability to serve the proposed development, subject to compliance with the
conditions of approval. Connecting to the existing utility lines surrounding the location
can provide water. sewer, electricity, and telephone services. Provided that the project
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TPM No. 17052 (Sub 04-35)
DPJ/ No. 04-54
Hearing Dale: 10.3.06
Page 8
contributes its fair share toward operation and maintenance of the Verdemont Fire
Station as required, the project will not be detrimental to public health and safety.
8.
Are the location. size design and operating characteristics of the proposed development
detrimenta/IO the public interest. health. safety. convenience. or welfare of the City?
The project has been designed to ensure that it will not be detrimental to the public
interest, health, safety, convenience, or welfare of the City. The project and future uses
must comply with the operating standards contained in the Development Code, and
other titles of the Municipal Code.
CONCLUSION
The proposals meet all applicable Findings of Fact for approval of Tentative Parcel Map No.
17052 (Subdivision No. 04-35) and Development Permit II No. 04-54.
RECOMMENDATION
Staff recommends that the Planning Commission:
1) Independently review, analyze, and exercise judgement in reviewing the Initial Study in
making its determination.
2) Adopt the Mitigated Negative Declaration and the Mitigation Monitoring/Reporting Plan
Attachment F), and;
3) Approve Tentative Parcel Map No. 17052 (Subdivision No. 04-35) and Development Permit
11 No. 04-54 based upon the Findings of Fact contained in the Staff Report and subject to the
Conditions of Approval (Attachment C) and Standard Requirements (Attachment D).
Respectfully Submitted,
'fpMJ(//~
Valerie C. Ross
Director 'of the Development Service Department
Aron Liang
Senior Planner
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Attachment A
Attachment B
Attachment C
Allachment D
Attachment E
Attachment F
TPM No. 17052 (Sub 04-35)
DPll No. 04-54
Hearing Date: 10.3.06
Page 9
Location Map
Tentative Tract Map, Site, Floor Plans and Elevations
Conditions of Approval
Standard Requirements
Initial Study
Mitigation Monitoring/Reporting Plan
ATTACHMENT A
- CITY OF SAN BERNARDINO PROJECT: TPM 17052
PLANNING DIVISION DPII 04-54
LOCATION MAP
LAND USE DISTRICTS HEARING DATE: 10/3/06
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A TTTACHMENT C
CONDITIONS OF APPROVAL
Tentative Parcel Map No. 17052 (Subdivision No. 04-35) &
Development Permit (Type II) No. 04-54
I.
This approval is for subdivision of approximately 10.33 acres into two parcels of
approximately 6.7 acres and approximately 3.6 acres. The Development Permit is
for construction of two industrial buildings. Building A will be approximately
49,616 square feet and Building B will be approximately 138,078 square feet. The
project site is located on the south' side of Industrial Parkway between Cable Creek
and Devil Creek in the IH, Industrial Heavy land use district.
')
Within two years of the original approval date, the filing of the final map with the
Council shall have occurred or the approval shall become null and void. Expiration
of a tentative map shall terminate all proceedings and no final map shall be filed
without first processing a new tentative map. The City Engineer must accept the
final map documents as adequate for approval by Council prior to forwarding them
to the City Clerk. The date the final map shall be deemed filed with the Council is
the date on which the City Clerk receives the map.
Tentative Parcel Map No. 17052
Expiration Date: October 3, 2008
3.
Within two years of development approval, commencement of construction shall
have occurred or the permit/approval shall become null and void. In addition, if
after commencement of construction, work is discontinued for a period of one year,
then the permit/approval shall become null and void. However, approval of this
application 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.
Development Permit No. 04-54
Expiration Date: October 3, 2008
4. The review authority may grant a one-time extension not to exceed 12 months. The
applicant must file an application, the processing fees, and all required submittal
items, 30 days prior to the expiration date. The review authority shall ensure that
the project complies with all current Development Code provisions.
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TPM No. 17052 &
DPll No. 04-54
Page 2
5. In the event that 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 the matter. Once notified, the applicant agrees to defend, indemnify, and
hold harnlless the City of San Bernardino (City), the Economic Development
Agency (EDA), any departments. agencies, divisions, boards or commissions 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 and
the Economic Development Agency any costs and attorney's fees which the City or
the Economic Development Agency 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 section.
The costs, salaries, and expenses of the City Attorney and employees of his office
shall be considered as "attorney's fees for the purpose of this condition.
As part of the consideration for issuing this permit or approval, this condition shall
remain in effect if this Permit is rescinded or revoked, whether or not at the request
of the applicant.
6. 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:
a. On-site circulation and parking, loading and landscaping;
b. Placement and/or height of walls, fences and structures;
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.
7. No vacant, relocated, altered, repaired or hereafter erected structure shall be
occupied or no change of use ofland or structure( s) shall be inaugurated, or no new
business commenced as authorized by this permit until a Certificate of Occupancy
has been issued by the Department. A temporary Certificate of Occupancy may be
issued by the Department subject to the conditions imposed on the use, provided
that a deposit is filed with the Public Works Division prior to issuance of the
Certificate, is necessary. The deposit or security shall guarantee the faithful
performance and completion of all terms, conditions and performance imposed on
the intended use by this permit.
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TPM No. /7052 &
DPII No. 04-54
Page 3
8. This pem1it 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 offumes, vapors, gases and
other forms of air pollution; glare control; exterior lighting design 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 structural equipment, or
utility transformers, boxes, ducts or meter cabinets shall be architecturally screened
by wall or structural element, blending with the building design and include
landscaping when on the ground.
9. Signs are not approved as a part of this permit. Prior to establishing any signs, the
applicant shall submit a sign application, and receive approval for a sign permit
from the Planning Division. All signage on the site shall be consistent with the
provisions of the Development Code.
10. Signs/banners may not be placed on or over the roof or within landscaped areas.
II. If the color of the building or other exterior finish materials are 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.
12. Any equipment, whether on the roof, side of structure, or ground shall be screened
as per Development Code requirements.
13. All areas to be landscaped with grass shall be planted with sod. Ground cover
visible from Industrial Parkway shall incorporate a substantial area covered with
grass.
14. The landscape plan shall include one 24" box tree for every four surface parking
spaces (employee and customer), consistent with the requirements of Section
19.24.060(6)(8) and Chapter 19.28 of the Development Code. Trees will not be
required within the parking structures, but the perimeter of each structure will be
landscaped.
15. The applicant shall post a bond in an amount equivalent to the cost oflandscaping
including landscape installation and one year of maintenance service. This shall be
accomplished on a project/phase basis. The purpose of the bond is to ensure that all
landscaping survives the planting process and last for a period of at least one-year.
The bond will be released no sooner than one-year after issuance of the Final
Certificate of Occupancy and only after such time as the survival of the landscaping
has been verified by City staff.
16. All lighting fixtures shall be shielded to confine light within the site only.
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TPM No. /7052 &
DPII No. 04-54
Page 4.
17. All exterior lighting shall be energy efficient with the ability to lower or reduce
usage when the store is closed. Signage may be required to be turned off when the
business is closed.
18. The applicant shall be responsible for regular maintenance of the project site.
Vandalism. graffiti. trash and other debris shall be removed and cleaned up within
24 hours.
19. 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
Development Review Committee approval.
20. The project Landscape Plan shall be reviewed and approved by the City Engineer
prior to issuance of a grading permit. Submit 5 copies to the Engineering Division
for Checking.
2 I . Any security gates/bars. doors. window bars shall be installed on the inside of the
structure only. Video surveillance equipment installed/used on the exterior shall be
painted to match the structure, or treated to blend with the architecture ofthe
development.
22. Outside displays and/or storage are prohibited. Ancillary storage may be provided
in the parking areas so long as it is screened and secured.
23. All mitigation measures described in the Initial Study and Mitigation
Monitoring/Reporting Plan (Attachment F) shall be applicable as conditions of
approval.
24. No final Certificate of Occupancy shall be issued until all conditions of approval
have been completed.
25. This pemlit or approval is subject to the attached conditions or requirements of the
following City Departments or Divisions:
. Plan Check
. Public Works
. Fire Department
. Water Department
. Public Services
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ATTACHMENT D
City of San Bernardino
STANDARD REQUIREMENTS
Development Services/Plan Check Division
Property address:
DATE: ~R~~ Z , oz-oo(P
NO PLANS WILL BE ACCEPTED FOR
PLAN CHECK WITHOUT CONDITIONS OF
APPROVAL IMPRINTED ON PLAN SHEETS.
DRCICUP/DP:
~lI. 04-- '54-
NOTE;
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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. noor plan (label use of all areas)
d. elevations
e. electrical, mechanical, & pluJ!lbing 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.
Call Development 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.
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300 N '0' Street San Bernardino CA 92418
909-384-5071 Office
909-384-5080 Fax
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.
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6.
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, car 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.
10. An air quality permit may be required. Contact South Coast Air Quality Management
Division for information, phone 909-396-2000.
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.
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NOTE: PLAN CHECK TIME ON THESE TYPES OF PROJECTS IS APPROXIMA TEL Y 4-6
WEEKS FOR 1sT CORRECTIONS. EXPEDITIOUS REVIEW IS APPROXIMA TEL Y 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:
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300 N 'D' Street San Bernardino CA 92418
909-384-5071 Office
909-384-5080 Fax
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ATTACHMENT D
CITY OF SAN BERNARDINO
Development Services Department - Public Works Division
Standard Requirements
Description: Create Two Parcels and Construct Two Industrial Buildinas
Applicant: Hoale-Ireland, Inc.
Location: Southerly side of Industrial Parkway between Cable Creek and
Devil Creek
Case Number: Tentative Parcel Mae No. 17052 & Develoement Permit Tyee
II No. 04-54
1. Drainaae and Flood Control
All necessary drainage and flood control measures shall be subject
to requirements of the City Engineer, which may be based in part
on the recommendations of the San Bernardino County Flood
District. The developer's Engineer shall furnish all necessary data
relating to drainage and flood controL
b) A permit will be required from the Department of Transportation and
Flood Control, if any work is required within the Flood Control
District's right-of-way.
a)
c) A local drainage study will be required for the project. Any drainage
improvements, structures or storm drains needed to mitigate
downstream impacts or protect the development shall be designed
and constructed at the developer's expense, and right-of-way
dedicated as necessary.
d) All drainage from the development shall be directed to an approved
public drainage facility. If not feasible, proper drainage facilities
and easements shall be provided to the satisfaction of the City
Engineer.
If any of the site drainage is to be outletted into the public street,
the drainage shall be conveyed through a parkway culvert
constructed in accordance with City Standard No. 400.
Conveyance of site drainage over the Driveway approaches will not
be permitted.
e)
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Project: Create Two Parcels and Construct Two Industrial Buildings on the southerly side ofIndustrial
Parkway between Cable Creek and Deyil Creek
Case No. PM 17052 & DPII 04-54
. Page 20f9
f) A Water Quality Management Plan (WQMP) is required for this
project. The applicant is directed to the City's web page at
www.ci.san-bernardino.ca.us - Departments - Development
Services - Public Works for templates to use in the preparation of
this plan.
g) If more than one acre of land (including the project area,
construction yards, storage areas, etc.) will be disturbed by
construction activity, a Storm Water Pollution Prevention Plan
(SWPPP) will be required. The applicant is directed to the City's
web page at www.ci.san-bernardino.ca.us - Departments -
Development Services - Public Works for templates to use in the
preparation of this plan.
h) The City Engineer, prior to issuance of a grading permit, shall
approve the WQMP and the SWPPP.
i)
A "Notice of Intent (NOI)" shall be filed with the State Water
Resources Control Board for construction disturbing 1 acre or more
of land (including the project area, construction yards, storage
areas, etc.).
The City Engineer, prior to grading plan approval, shall approve an
Erosion 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.
j)
2. GradinQ and LandscaDinQ
a) A site/plot/grading and drainage plan is required. It shall be signed
by a Registered Civil Engineer and a grading permit will be
required. The grading plan shall be prepared in strict accordance
with the City's "Grading Policies and Procedures" and the City's
"Standard Drawings", unless otherwise approved by the City
Engineer.
b) If more than 5 trees are to be removed from the site, a tree removal
permit conforming to the requirements of Section 19.28.090 of the
Development Code shall be obtained from the Department of
Development Services-Planning Division prior to issuance of any
grading or site development permits.
If more than 5,000 cubic yards of earthwork is proposed, a grading
bond will be required and the grading shall be supervised in
accordance with Section 7012(c) of the uniform Building Code.
c)
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Project: Create Two Parcels and Construct Two Industrial Suildines on the southerlv side of Industrial
Parkwav between Cable Creek and Devil Creek
Case No. PM 17052 & DPII 04-54
Page 3 of9
d) If more than 1,000 cubic yards of earth is to be hauled on City
Streets then a special hauling permit shall be obtained from the City
Engineer. Additional conditions, such as truck route approval,
traffic controls, bonding, covering of loads, street cleaning, etc. may
be required by the City Engineer.
e) 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").
f) Wheel stops are not permitted by the Development Code, except at
designated handicap parking spaces. Therefore, continuous 6"
high curb shall be used around planter areas and areas where
head in parking is adjacent to walkways. The parking spaces may
be 16.5' deep and may overhang the landscaping or walkway by
2.5'. Overhang into the setback area or into an ADA path of travel
(minimum 4' wide) is not permitted.
g)
Continuous concrete curbing at least 6 inches high and 6 inches
wide shall be provided at least 3 feet from any wall, fence, property
line, walkway, or structure where parking and/or drive aisles are
located adjacent thereto. Curbing may be left out at structure
access points. The space between the curb and wall, fence,
property line, walkway or structure shall be landscaped, except as
allowed by the Development Review Committee.
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h) A refuse enclosure constructed in accordance with City Standard
Drawing No. 508 and modified as approved by the City Engineer to
provide ADA accessibility. The minimum size of the refuse
enclosure shall be 8 feet x 15 feet, unless the Public Services
Department, Refuse Division, approves a smaller size, in writing.
The modifications must be detailed on the on-site development
plan.
i) The number and placement of refuse enclosures shall conform to
the location and number shown on the site plan as approved by the
Development Review Committee, Planning Commission or City
Council.
j) Trash compactors may be used in lieu of refuse enclosure if
approved by the Public Services Department.
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k)
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.
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Project: Create Two Parcels and Construct Two Industrial Buildings on the southerly side of Industrial
Parkway between Cable Creek and Deyil Creek
Case No. PM 17052 & DPII 04-54
Page 4 of9
I) All walls shall be constructed of decorative block with architectural
features acceptable to the City Planner.
j) This project is located in the "High Wind Area." Therefore, all free
standing walls and fences shall be designed for a minimum basic
UBC wind speed of 100 miles per hour, unless a lower value is
approved by the City Engineer.
k) The on-site improvement plan shall include details of on-site
lighting, including light location, type of poles and fixtures,
foundation design, conduit location and size, and the number and
size of conductors. Photometry calculations shall be. provided
which show that the proposed on-site lighting design will provide 1
foot-candle of illumination uniformly distributed over the surface of
the parking lot during hours of operation and 0.25 foot-candles
security lighting during all other hours.
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I) The design of on-site improvements shall also comply with all
requirements of The California Building Code, Title 24, relating to
handicap parking and accessibility, including retrofitting of existing
building access points for handicap accessibility, if applicable.
A handicap accessible path of travel shall be provided from the
public way to the building entrance. All pathways shall be concrete
paved and shall provide a minimum clear width of 4 feet. Where
parking overhangs the pathway, the minimum paved width shall be
6.5 feet.
m)
n) Where a handicap accessible path of travel crosses drive aisles, it
shall be delineated by textured/colored concrete pavement, unless
otherwise approved by the Development Review Committee..
0) The project Landscape Plan shall be reviewed and approved by the
City Engineer prior to issuance of a grading permit. Submit 5
copies to the Engineering Division for Checking.
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p) 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, unless the parkway
area is included in a landscape maintenance district. in which case,
a separate landscape plan shall be provided.
An easement and covenant shall be executed on behalf of the City
to allow the City to enter and maintain any required landscaping in
case of owner neglect. The documents shall be submitted to the
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Project: Create Two Parcels and Constmct Two Industrial Buildings on the southerlv side of/ndustrial
Parkwav between Cable Creek and Devil Creek
Case No. PM 17052 & DPII 04-54
Page 5 of9
Real Property Section for execution by the property owner and shall
ensure that, if the property owner or subsequent owner(s) fail to
properly maintain the landscaping, the City will be able to file
appropriate liens against the property in order to accomplish the
required landscape maintenance. A document processing fee in
the amount of $200.00 shall be paid to the Real Property Section to
cover processing costs. The property owner, prior to plan approval,
shall execute this easement and covenant unless otherwise
allowed by the City Engineer. Utilities
r) 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).
s) 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.
t)
Backflow preventers shall be installed for any building with the
finished floor elevation below the rim elevation of the nearest
upstream manhole.
u) Sewer main extensions required to serve the site shall be
constructed at the Developer's expense.
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v) 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.
w) Utility services shall be placed underground and easements
provided as required.
x) A street cut permit, from the City Engineer, will be required for utility
cuts into existing streets.
y) All existing overhead utilities adjacent to or traversing the site on
either side of the street shall be undergrounded in accordance with
Section 19.20.030 (non-subdivisions) or Section 19.30.110
(subdivisions) of the Development Code.
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Project: Create Two Parcels and Construct Two Industrial Buildings on the southerlv side ofIndustrial
Parkwav between Cable Creek and Devil Creek
Case No. PM 17052 & DPII 04-54
. Page 6 of9
z) 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) or Section 19.30.110
(subdivisions).
aa) Sewers within private streets or private parking lots will not be
maintained by the City but shall be designed and constructed to
City Standards and inspected under a City On-Site Construction
Permit. A private sewer plan designed by the Developer's Engineer
and approved by the City Engineer will be required. This plan can
be incorporated in the grading plan, where practical.
4. Mappina
a) A Parcel Map based upon field survey will be required.
b) All street names shall be subject to approval of the City Engineer
prior to Map approval.
Additional survey and map information including, but not limited to,
building setbacks, flooding and zones, seismic lines and setbacks,
geologic mapping and archeological sites shall be filed with the City
Engineer in accordance with Ordinance No. MC-592.
5. Improvement Completion
c)
a) Street, sewer, drainage improvement, traffic signals, and landscape
maintenance district landscape and irrigation plans for the entire
project shall be completed, subject to the approval of the City
Engineer, prior to the Map recordation.
b) If the required improvements are not completed prior to Map
recordation, an improvement security accompanied by an
agreement executed by the developer and the City will be required.
c) Street light energy fee to pay cost of street light energy for a period
of 4 years shall be paid. Exact amount shall be determined and
shall become payable prior to map recording.
6. Street Improvement and Dedications
a)
All public streets and public easements 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 relocation of public or
private facilities which interfere with new construction, and striping
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Project: Create Two Parcels and Construct Two Industrial Buildings on the southerlv side of Industrial
Parkwav between Cable Creek and Devil Creek
Case No. PM 17052 & DPIl 04-54
Page 70f9
shall be accomplished in accordance with the City of San
Bernardino "Design Policies and Procedures" and City "Standard
Drawings," unless otherwise approved by the City Engineer. Street
lighting, when required, shall be designed and constructed in
accordance with the City's "Street Lighting Policies and
Procedures." Street lighting shall be shown on street improvement
plans except where otherwise approved by the City Engineer.
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 RiQht of Waylft.) Curb Linelftl
i Industrial Parkway Existing Okay Existing Okay
c) Construct sidewalk adjacent to the site in accordance with City
Standard No. 202, Case "A" (6' wide adjacent to curb).
e d) If the existing curb & gutter adjacent to the site is in poor condition,
the curb & gutter shall be removed and reconstructed to City
Standards. Curb & Gutter shall conform to Standard No. 200, Type
"B" (8" curb face), unless otherwise approved by the City Engineer.
e) Construct Handicap Ramps in accordance with City Standard No.
205, modified as approved by the City Engineer to comply with
current ADA accessibility requirements, at all curb returns within
and adjacent to the project site. Dedicate sufficient right-of-way at
the corner to accommodate the ramp.
f) The proposed radius type drive approaches are non-standard,
however, they may be used subject to the condition that the throat
of the drive approach be paved with colored, textured concrete (20'
wide band of PCC).
g) Curb returns at the drive approaches shall be 35 feet unless
otherwise approved by the City Engineer.
h) The pavement on Industrial Parkway adjacent to the site shall be
rehabilitated to centerline using a strategy approved by the City
Engineer.
e i) Install Street Lights adjacent to the site in accordance with City
Standard Nos. SL-1 and SL-2.
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Project: Create Two Parcels and Construct Two Industrial Buildines on the southerlv side of/ndustrial
Parkwav between Cable Creek and Devil Creek
Case No. PM 17052 & DPIl 04-54
Page 8 of9
7. Phasina
a) If the project is to be developed in phases, each individual phase
shall be designed to provide maximum public safety, convenience
for public service vehicles, and proper traffic circulation. In order to
meet this requirement, the following will be required prior to the
finalization of any phase:
b) On-site improvement plans for the total project or sufficient plans
beyond the phase boundary to verify the feasibility of the design
shall be complete to the satisfaction of the City Engineer.
c) A Plan shall be submitted for review and approval by the
Engineering Division, Fire, and Planning Departments, indicating
what improvements will be constructed with the given phase,
subject to the following:
d) Dead-end drive aisles shall be provided with a minimum 32 foot
radius paved width;
e) Drive aisles shall be provided with a minimum 28 foot paved width:
f)
Drive aisle improvements shall be completed beyond the phase
boundaries, as necessary to provide secondary access:
g) Drainage facilities, such as storm drains, channels, earth berms
and block walls, shall be constructed, as necessary, to protect the
development from off-site flows:
h) A properly designed water system shall be constructed, which is
capable of providing required fire flow, perhaps looping or
extending beyond the phase boundaries.
i) Easements for any of the above and the installation of necessary
utilities shall be completed; and,
8. Reauired Enaineerina Plans
a) A complete submittal for plan checking shall consist of street
improvement, sewer, storm drain, striping, lighting, grading, on-site
landscaping and irrigation and other plans as required. Piecemeal
submittal of various types of plans for the same project will not be
allowed.
b)
The rough grading plan may be designed and submitted in
combination with the precise grading plan.
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Project: Creale Two Parcels and Construct Two Industrial Buildings on lhe southerlv side of Industrial
Parkwav between Cable Creek and Devil Creek
Case No. PM 17052 & DPII 04-54
Page 9.of9 .
C) All public improvement plans submitted for plan check shall be
prepared on the City's standard 24" x 36" sheets. Grading and on-
site improvement plans shall be submitted on 24" x 36" sheets
unless otherwise approved by the City Engineer. A signature block
satisfactory to the City Engineer or his designee shall be provided.
d) After completion of plan checking, final mylar drawings, stamped
and signed by the Registered Civil Engineer in charge, shall be
submitted to the City Engineer for approval.
e) Electronic files of all improvement plans/drawings shall be
submitted to the City Engineer. The files shall be compatible with
AutoCAD 2000, shall include a .dxf file, and shall be submitted at
the same time the final mylar drawings are submitted for approval.
f) Copies of the City's design policies and procedures and standard
drawings are available at the Public Works Counter for the cost of
reproduction. They are also available at no charge at the Public
Works Web Site at
http://www.ci.san-bernardino.ca.us/site/pw/default.htm
9.
Reauired Enaineerina Permits
a) Grading permit.
b) On-site improvements construction permit (except buildings - see
Development Services-Building Division), including landscaping.
c) Off-site improvement construction permit.
10. Aoolicable Enaineerina Fees
a) All plan check, permit, inspection, and impact fees are outlined on
the Public Works Fee Schedule. A deposit in the amount of 100%
of the estimated fee for each set of plans will be required at time of
application for plan check.
b) The current fee schedule is available at the Public works Counter
and at http://www.ci.san-bernardino.ca.us/site/ow/default.htm
c)
Expedited plan checking is available. A deposit in the amount of
125% of the estimated plan check fee for each set of plans will be
required at time of application for expedited plan check. Expedited
plan checking is only available for grading, on-site and off-site
improvement plans, and maps.
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CITY OF SAN BERNARDINO
Interoffice Memorandum
To:
From:
Aron Liang, Senior Planner
Robel1 Eisenbeisz, Senior Civil Engineer
Subject: Traffic Study for "Vie-Vin" Warehouse (DPII 04-54)
Date: March 7, 2006
Copies: Tim Porter, Michael Grubbs, Valerie Ross, Terri Rahhal, File No. 13.47
We have received a letter, dated March 5, 2006, in response to our comments contained in an
interot1ice memorandum, dated November 23, 2005, regarding the above subject. The traffic
, consultant accurately points out that the University Parkway/I-2IS Ramps were included in the
tair share analysis presented in the revised report, dated October 19, 2005. We will accept the
fair share amount identified for that interchange as presented in the report. There is no longer a
fair share component required for the University Parkway/BNSF grade separation and this
should also be removed.
With the changes described above, the project's fair share contribution will be $242,767 toward
the following future mitigation improvements:
1. Palm Avenue @ NB 1-215 Ramps: 3.4% of$500,000 = $17,000
2. Palm Avenue@SB 1-215 Ramps: 4.4% of $350,000 = $15,400
3. Palm Avenue Ilndustrial Parkway Signal: 4.5% of $250,000 = $11,250
4. Palm Avenue Widening (2 to 4 Lanes) - Industrial Parkway to 1-215: 4.6 % of
$760,000 = $34,960
5. University Parkway @ 1-215 NB Ramps = $27;379
6. University Parkway @ 1-215 SB Ramps = $136,778
The response did not address our previous comment about the line of sight analysis:
. The line of sight analysis included in the report is difficult to read and it is a bit unclear. All
lines should be labeled and a final site plan should also be provided, showing the sight
triangle areas where landscaping and other potential sight obstructions will be restricted.
These areas should also be shown and identified on the final site plan prior to approval. The
planning and parks department will need to review this to ensure that the project can comply
with landscaping requirements with the limitations required to provide proper sight distance.
We will need to review the revised sight line exhibits and site plan prior to final approval of
this TIA.
. The estimated Traffic Systems Fee shall be based on the Public Works Fee Schedule in
effect at the time of permit issuance. The current fee is $20.40/trip, which results in a fee of
$24,418.80 for 1,197 trips.
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CITY OF SAN BERNARDINO FIRE DEPARTMENT
STANDARD REQUIREMENTS Case:J)P1:L 04 .54
Date: 312.4 ( 05
Reviewed By: Gf1'u.
yp rr ()4-c::;1
1'10 5.2
~NERAL REQUIREMENTS:
Provide one additional set of construction plans to Building and Safety tor Fire Department use at time 0' plan check.
. Contact the City of San Bernardino Fire Department et (909) 384.558510' specific detaiied requirements.
, The developer shall provide for adequate tire now. Minimum fire flow requirements shan be based on square footage, construction features. and exposure
infonnation suppied by the developer and!!!!:!!! be available Drlor to ptacing combustible materials on Srl6. .
~~TER PURVEYOR FOR FIRE PROTECTION:
JX" T e fire protection water service for the area of this project is provided by:
, '~ . San Bemardino Municipal Waler Depanment-Engineering (909) 384-5391
11 Easl Valley Waler Dislrict-Engineering (909) 888-ll988
o O"'er Wate, purveyor. _ .
Phone:
,5lBLIC FIRE PROTECTION FACILITIES: .
Xl Public fire hydrants are required along streets at inteNals not to exceed 300 ~eet for commercia! and multi-residenUal areas and at intervals not to exceed
? 500 feet for residential areas.
Fire hydrant minimum flow rates of 1,500 gpm at a 20 psi minimum residual pressure are required fOl' commercial and multi-residential areas. Minimum lire
. " hydrant flow rates of 1,000 gpm at a 20 psi minimum residual pressure are raquired for re!iidential areas.
.% Fire hydrant type and specific Iocatkm shall be jointly determined by the City of San Bernardino Fire Department in conjunction with the water pUJveyor. Fire
hydrant materials and installation shall conform to the standards and specifications of the water PUI'\"E;'i;or.
)it Public fire hydrants, fire services, and public water facilities necessary to meet Fire Department re':luir,:;:ments are the developer's financial responsibility and
shall be instalkJd by the water purveyor or by the developer at the water purveyor's discreticn. Contact :t:s water pUr/eyor indicated above lor additional
information.
ACCESS:
.Q _ Provide t'NO separate, dedicated routes of ingress/egress to the property entrance. The routes shall be paved. all 'N8ather.
X- Provide an access road to each building for lire apparatus. Access roadway sha.lI have an all-weathsr driving surface of not less than 20 feet of unob-
structed .,.;dth.
Extend roadway to .,.;thin 150 feet of all portions of the exterior wall of all single story buildings.
Extend roadway to within 50 feet of the exterior wall o~ all mulliple.story buildings.
Provide "NO PARKING" signs whenever paoong of vehlcles 'M)uld possible reduce the clearance Jf &C:'3SS roadways to less than the required .,.;dth. Signs
are to read "ARE LANE-NO PARKlNG-M.C. Sec. 15.16".
o Dead-end streets shall not exceed 500 teet in length and shall have a minimum 40 foot radius tumaroun1
o The names of any new streets (putNic 0,' private) shall be submitted to the Fire Department for approval.
JSIE: .
All access roads and streets are to be constructed and usable prior to combustibli3 conS1.i\lc~ion.
Private fire hydrants shall be installed to protect each building located more than 150 feat from !he curb line. No fire hydrants should be .,.;thin 40 feet of any
exterior wall. The hydrants shall be Wet Barrel type, with one 21h inch and 4 inch Ol:tr!'Jt, antj approved by the Fire Department. Areas adjacent to fire
hydrants sha" be designated as a "NO PARKING- zone by painting an 8 inch wide, rcd str.pe ~or 15 teot i!l each direction in front of the hydrant in such a
manner that ft will not be blocked by par1<ed vehicles. Lettering 10 be in ...lite 6" by 11". RE'{,jJ(!rPo:.:; uUel!trrr'r" <:1;:: 17(./11',/:5 77J
-nle FtJ<EtJE::f''7 For::. P~f.,':t rr:::;
BUILDINGS: .
~ Address numerals shall be Installed on the building at the front or other approver:llocation in such a manner as to be visible from the frontage street. Com-
mercjal and multi family address numerals shall be,(inches tall, ~Ie fa~ily address numeral.,; shari be 4 inches tan. The color of the numerals shall con-
trest with the color of the background. rz.. 't I; X: 4 I O~. I<.oo,c:: 0;:: f3LoOr"
o Identify each gas and electric meter with the Ilumber of the unit it seNes. " . "7. "
':5'f Fire extinguishers must be instaUed prior to the building being occupied. The minimum rati~ for t;ot' t!:fil extinguisher Is 2A 10BIC. Minimum distribution 01
fire extinguishers must be such that nCl interior pan of-the building is over 75 faet travel dis\a.~C8 from a fire exthguisher.
o Apamnent houses Mth 16 or more units, hotels (motels) 'tMth 20 or more units, or apartments or hotels (mo~eisllhree stories or more in height shall be
equipped .,.;th automattc fire sprinklers destgned to NFPA. standards.
}21 All buildings, over 5,000 square feet, shall be equipped With an automatic fire sprinker sys~em designed to N~PA standards. This includes existing buildings
- vacant ,over 365 days. "
g Submit plans for the fire protection system to the Fire Department prior to beginnIng construction ot the system. Pe:mil required.
~ Tenant improvements in all sprinklerecl build!ngs are to be approved by the Fire Department priar!o start ot construction. Permit required.
o Provide fire alarm (required throughout). Plans must be approved by the Fire Department prior to start or instailation. Permit required.
~. Fire Department connection to sprinkler system/standpipe system, shall be required at Fire Department approved location.
Fire Code Pennft required, apply at 200 ea.t 3rd street. (309) 38H388. M ~ IJI;;' Il..f:;: '" U I €~P. . ..
Fire Sprinkler monilonng required. Plans must be approved by tria Fire Departmen: poor to the start of construdton. Pemllt required.
Note: The applicant must requ~, in writing, any changes to Fire DepartmEl!nt requirements.
AODITlONALINFORMATIOtb'"",l'CO"'<' ~ ~!iXl)'.:.J!f: H-JTlly.-r-y71::m z) PRIY:Ce::' ,4 Bil"}"n.lgS$ /
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FPB170(Qt..Q3)
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City of San Bernardino Public Services Department
Development Project Conditions of Approval
300 North D Street - 4th Floor
San Bernardino, CA 92418
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Project Number: TPM j 7052 & DPII Praject Planner: Aran Liang Review Date: 9.14.06 I
, 04-54
:
I Praject Descriptian/Business Name: Twa Industrial Buildings
,
! Praject Lacatian/Address: Between Cable & Devil Creeks Service Accaunt:
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, Reviewed By: Gracie Washingtan e-mail: Washingtan_g r@sbcity.arg Phane: 909.384.5549
. Standard Develapment Requirements
Praject shall meet all applicable Standard Develapment Requirements as attached.
. Integrated Waste Management Survey
I
I Applicant shall submit an Integrated Waste Management Survey far each .of the activities marked belaw
i
I with the initial applicatian t.o Planning far appraval by the Public Services Department Refuse and Recycling
Divisian priar ta issuance .of permits far each activity.
The infarmatian cantained in the Survey as well as any related camments and mitigatian pravided by Public
i Services shall be summarized in the Initial Study and EIR if required far the project under CEQA.
i
, i I
D Demalitian & Site I D Canstructian / Renavatian D Business Operatians .or Event
i
i Preparatian i
I Additianal Requirements .or Recammendatians
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City of San Bernardino Public Services Department
.tan_dard Development Requirements
age 2 of 4
COMMERCIAL & INDUSTRIAL DEVELOPMENT
Collection Services
1. The collection or transportation of refuse, recyclable discards, or green waste from any commercial and I
industrial locations within the City shall be provided by the City of San Bernardino Public Services Department
unless otherwise franchised or permitted. [MC !i 8.24.140]
2. New accounts require a completed Service Application, with a full deposit and a copy of manuals for all
compactor units, returned to the City of San Bernardino Refuse & Recycling Division prior to issuance of the final
Certificate of Occupancy.
3. Shared refuse and recycling services for multi-tenant commercial sites shall be billed to a single owner or
property manager; leases shall include terms to accommodate sub-metered services.
4. All refuse containing garbage, such as food, vegetable, or animal wastes, shall be removed at least twice weekly,
I and all other solid wastes shall be removed at least once weekly. [SB County Health, Sanitation and Animal
Regulations !i 33.083]
S. All commercial establishments generating 6 cubic yards or more of solid waste per week shall establish City
recycling services for maximum diversion within 30 days of opening business, or establish an alternative
diversion program to be identified in the IWM Survey for the project.
Automated Cart Service to Nonresidential Facilities
i 6. 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.
Service Vehicle Access
1
: 7. Projects shall meet City Engineering requirements for commercial vehicle drive access along the main ingress to
i
and egress from enclosures. These requirements shall not limit requirements for Fire vehicle access.
8. Property without through access shall incorporate at least one of the following designs;
. A cul-de-sac with a 40-foot turning radius for a 32-foot vehicle length
. A hammerhead turn with a 40-foot turning radius for a 32-foot vehicle length
Gated Access
9. Gated properties that are locked and unmanned on service days anytime between the hours of S AM and 5 PM
I Monday through Saturday shall provide access code or key to Public Services.
Shared Collection Areas - Reciprocal Access
I 10. Front-load bin enclosures and roll-off compactor units may be shared across existing or proposed property
_lines if enclosures or equipment provide adequate capacity for anticipated refuse and recyclable materials
. generation, AND if Reciprocal Access for shared collection areas is recorded with the property.
City of San Bernardino Public Services Department
Standard Development Requirements
_age 3 of4
Roll-off Compactor Units
11. Sealed compactor units dedicated separately to refuse and recyclables may be required to be installed at
facilities with an anticipated waste generation of 60 uncompacted cubic yards per week.
12. Roll-off compactor units must be installed according to manufacturer's and City Engineering specifications with
the compactor hopper and roll-off box on a concrete slab with a minimum 3-foot continuously paved perimeter
for safe access.
13. Roll-off boxes at locations receiving City service must meet City rail and hook specifications per City
Engineering Standard 510. Boxes shall be designed with disposal end opposite hook-up; boxes with same-side
deSign may be subject to a roll-back charge.
14. Compactor equipment shall be screened from view of public right-of-way by materials compatible with building
architecture and landscaping as specified by City of San Bernardino Development Code. [MC ~ 19.20.030 (21)]
1 S. Location, orientation, and dimensions of enclosures, enclosure gates, pedestrian entry, compactor pads, and
compactor screening, shall be shown on site plans and labeled that construction shall meet City Engineering
Standards.
Existing Bin Enclosures
_ Existing bin enclosures must have minimum inside dimensions of 7'9" x 9' OR 15' x 4'5" to fit two 3CY bins.
. Existing enclosures must have block walls, inside bumper guards or curbing, and solid steel gates, OR
I enclosure(s) must be reconstructed to meet Engineering Standard 508. Enclosure may be relocated for best drive
I access and alignment, plans subject to Public Services approval. (Please note, if site will generate 2CY or less of
I solid waste per week, see Residential Collection options.)
! Front-load Bin Enclosures & Access
17. Minimum double-wide enclosures of 8 feet by 15 feet shall be required for all development to allow for
dedicated recycling bins, except where potential waste generation or space is restricted. [Specifications adopted
in accordance with Model Ordinance as required by CA PRC 942911]
I 18. Front-load compactor units must be contained in an enclosure large enough to hold the unit and one additional
bin facing lengthwise.
19. Front-load bin and compactor enclosures must be constructed according to City Engineering Standard 508. Rear
or side pedestrian entry shall be provided on enclosures for all multi-unit residential dev.elopment. Pedestrian
entry on free~slanding enclosures shall have a 4-foot width, no gate or door, and an 'L' shaped block screen the
same height of the enclosure.
I 20. Pedestrian access from building exit to bin enclosure shall be a minimum 4 feet wide and continuously paved,
without crossing curbs, steps, or driveways.
21. Enclosure pads shall be level to restrict bins from drifting and designed for proper drainage of surface water.
Enclosures must be at least 5' from combustible walls, eave lines, or openings. [98 CA Fire Code ~ 1103.2.2]
City of San Bernardino Public Services Department
Standard Development Requirements
egeA of 4
! 23. Only refuse bins and the contents therein for disposal may be stored in refuse enclosures. All other equipment,
i fixtures, and materials such as electrical panels, circulation or exhaust ducts or vents, grease bins, or surplus
I supplies are strictly prohibited.
I
I 24. Enclosures shall be buffered with landscaping when viewable from public right-of-way, and vegetation shall not
i restrict gates or exceed height of enclosure. Include vegetation on landscape plans.
j 25. Enclosures shall be located with gates aligned for straight access for service vehicles.
, 26. Enclosures shall not obstruct drive aisles, driveways, loading zones, parking, handicap access, or visibility of
I cross-traffic from drive aisles, alleys, or streets. Location shall not cause service vehicle to block access drives
i during while bins are being serviced.
i
,
27. Enclosure gates shall not open into drive aisles, parking spaces, or walkways. Enclosures placed adjacent to
parking shall be separated by a minimum 2-foot wide curbed area out to the farthest point of both gates, and
designed to safely restrict gates from opening into parking spaces or landscaped areas..
, 28. Location, orientation, and dimensions of enclosures, enclosure gates, and pedestrian entry, shall be shown on
I site plans and labeled that construction shall meet City Engineering Standards.
Multi-unit Dwellings
Commercial requirements shall apply to all multi-unit dwellings over 8 units, unless otherwise approved.
30. Disposal chutes incorporated into multi-story buildings must have dedicated chutes for refuse & commingled
recyclables. Both chutes shall be clearly and permanently labeled at each chute opening and exit. [Specifications
adopted in accordance with Model Ordinance as required by CA PRC ~4291l]
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SA" _.:RNARDIND MUNICIPAL WATER REPARTMENT
STANDARD REQUIREMENTS
RCIERC Case: TENTATIVE PARCEL MAP NO. 17052 (SUBDIVISION NO. 04-35) & DEVELOPMENT PERMIT II NO. 04-54
266-041-71
.PN NUMBER:
EPN NUMBER:
REVIEW OF PLANS:
OWNER:
DEVELOPER:
TYPE OF PROJECT:
DATE COMPILED:
COMPILED BY: Brunson, Ted
Michael & David Hardy
Hogle-lreland,lnc.
a request to construct two industrial buildings. Building A will be 48,844 square feet and Building B will be 138,078
square feet.
NUMBER OF UNITS: 0
LOCATION: Southwest side of Industrial Parkway between Cable Creek and Devil Creek
WATER DEPARTMENT ENGINEERING:
CONTACT: Litchfield, Matthew PHONE NUMBER: (909) 384-5386 FAX NUMBER: (909) 384-5532
Nole: All Water Services are Subject to Ure Rules Regulations of Ure water Depanment
oj' Size of Main Adjacent the Project 12" D.I.P. IN INDUSTRIAL PARKWAY
oj' Approximate Water Pressure 65 osi Elevation of Water Storage: 1720 Hydrant Flow @ 2Opsi:
Type, Siz~, Location and Distance to Nearest Fire Hydrant
Water Supply Study Required - - - Pressure Regulator Required on Customer Side of the Meter
Offsite Water Facilities Required Water Main ReimburSement Due
~,=' Area Not Served by San Bernardino Municipal Water Department
Network Hydraulic Analysis Required per Uniform Design Standards
Comments:
WATER QUALITY CONTROL
CONTACT: Anieta, Con PHONE NUMBER: (909) 384-5325
.- R.P.P..Backflow Device Required at Service Connection for Domestic Service
Dubie Check Backflow Device Required at Service Connection for Fire and Irrigation
. Backflow Device to be Inspected before Water Service can be Activated
No Back.flow Device is required at this time
SewER CAPACITY INFORMATION
CONTACT: Thomsen. Neil PHONE NUMBER: (909) 364-5093 FAX NUMBER: (909) 384-5592
Note: Proof of Payment Must be Submitted to the Building _Safety Depanment Prior to Issuance of Ure Building Permit
~.~~ Sewer Capacity Fee Applicable at this time
__ Sewer Capacity Fee must be paKj to the Water Department for Q. Gallons Per Day: Equivalent Dwelling Units: Q.
~ Subject to Recalculation of Fee prior to the Issuance of Building Permit
~.~ Breakdown Of Estimated Gallons Per Day
FAX NUMBER: (909) 384-5928
COPY TO: Customer; Planning; Engineering
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,-"""""~''''---"""",,,,,,,~-------'~~-----''-~''''-''--_''"'''''''-'-'-''--<~'''~'-"'._-'""-'-~""''''''-""",",,,-,,--....._--
Tuesday, March 22, 2005
EPN 2000
Page 1 of 1
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CITY OF SAN BERNARDINO
DEVELOPMENT SERVICES
INITIAL STUDY
ATTACHMENTE
CITY OF SAN BERNARDINO
INITIAL STUDY FOR
VIC-VIN TWO-LOT INDUSTRIAL SUBDIVISION &
TWO INDUSTRIAL BUILDINGS ON INDUSTRIAL P ARKW A Y
Tentative Parcel Map No. 17502 (Sub No. 04-35)
& Development Permit II No. 04-54
The Proposed Project will result in the development of approximately 10.3 acres of land on the
southwest side of Industrial Parkway. between Devil Creek Channel and Cable Creek Channel. The
Proposed Project will entail subdividing the site into two lots of 6.7 acres and 3.6 acres, and the
construction and subsequent operation of approximately 187,694 square feet of building space in two
buildings to accommodate warehouse facilities with offices. Development of the Proposed Project will
be in accordance with the City of San Bernardino General Plan and Development Code.
January 6, 2006
PREPARED BY
Hogle-Ireland, Inc.
4280 Latham Street. Suite C
Riverside. CA 92501
(951) 787-9222
PREPARED FOR
City of San Bernardino
Development Service Department
300 North "D" Street
San Bernardino, CA 92418
(909) 384-5057
REVIEWED BY
Independently reviewed, analyzed and exercised judgement
in making the determination, by the Development/Environmental Review Committee on
e -':;&. ~l ~~ pursuant to Section 21082 of the California Environmental Quality Act (CEQA).
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CITY OF SAN BERNARDINO
DEVELOPMENT SERVICES
INITIAL STUDY
The California Environmental Quality Act (CEQA) requires the preparation of an Initial Study when a
proposal must obtain discretionary approval from a governmental agency and is not exempt from
CEQA. The purpose of the Initial Study is to determine whether or nor a proposal, not exempt from
CEQA. qualities for a Negative Declaration or whether or not an Environmental Impact Report (EIR)
must be prepared.
I.
Vic-Vin Tentative Parcel Map & Development Permit II
Project Title:
2.
Lead Agency Name:
Address:
City of San Bernardino
300 North "0" Street
San Bernardino, CA 92418
3.
Contact Person:
Phone Number:
Aron Liang, Senior Planner
(909) 384-5057
4. Project Location (Address/Nearest cross-streets): Industrial Parkway, between Devil Creek and
Cable Creek Channels, northwest of Lexington
Project Sponsor:
Victor DiPietro
Vic- Vin Enterprises, LLC
16400 Southcenter Parkway, #308
Seattle, W A 98188
Address:
6. General Plan Designation: IH Industrial Heavy in Subarea B of the Northwest Redevelopment
Plan Area
7. Description of Project (Describe the whole action involved, including, but not limited to, later
phases of the project and any secondary, support, or off-site feature necessary for its
implementation. Attach additional sheets, if necessary):
The proposed project is the subdivision of a 10.3-acre parcel into two industrial parcels, and
construction of two warehouse-industrial buildings totaling 187,694 square feet. The proposal is to
create one parcel of 6.7 acres with a 138,078 square-foot warehouse, and a second parcel of 3.6 .
acres with a 49.616 square-foot warehouse. -
The proposed subdivision will result in two industrial parcels. Parcel 1 will contain 6.7 acres on
the southerly portion of the site. It will have a frontage onto Industrial Parkway of approximately
400 feet. and the width will be approximately 400 feet. The southeasterly side (shown as project
direction south on plans) will abut Devil Creek Channel with a depth of 729.72 feet. The
northeasterly side will abut Parcel 2. and have a depth of approximately 531 feet. Lot depth will
vary. but will average approximately 630 feet. The rear will abut Cable Creek Channel.
Parcel 2 will contain 3.6 acres on the northerly portion of the site. and will have a triangular shape.
It will have a frontage onto Industrial Parkway of approximately 596 feet. The southeasterly side
will abut Parcell with a depth of approximately 531 feet. The west side (shown as project
IS 2
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CITY OF SAN BERNARDINO
DEVELOPMENT SERVICES
INITIAL STUDY
will abut Parcel 1 with a depth of approximately 531 feet. The west side (shown as project
direction northwest on plans) will abut Cable Creek Channel with a depth of approximately 613
feet. Because of the triangular shape, the proposed parcel will not have a rear property line.
The proposed subdivision is in an urbanized area, zoned for industrial use, and results in two
parcels in a manner conforming to the General Plan and the Development Code, without variances
or exceptions, with all services and access available with a level of service meeting local standards.
The project site was not involved in another subdivision within the last two years, and has an
average slope of approximately 2.9 percent.
The proposed project will consist of site preparation, appurtenant improvements, and construction
of two concrete, tilt-up warehouses, with individual office areas located in prominent comers
adjacent to landscaped parking areas. The buildings will have loading docks that face away from
streets. Building A, on Parcel 2, will contain 49,616 square feet, of which approximately 4,200
square feet will be office space. Building B, on Parcel I, will contain 138,078 square feet, of
which approximately 9,600 square feet will be office space. The front office comers of each
building will have architectural color and pop-out treatments.
Building A will have a coverage of 32 percent, and 34,086 square feet of landscaping. Building B
will have a coverage of 47 percent, and 34,556 square feet of landscaping. Landscaping is located
primarily along the fronts of the parcels. Development Code Section 19.24.060 #6 provides that
fifteen percent of the parking area is to be landscaped. The project plans indicate that the required
landscaping for Building A is 11,606 square feet, and 34,086 square feet of landscaping is
provided; while for Building B, the numbers are 18,094 (required) and 34,556 (provided).
Development Code Section 19.24.040 provides that on-site parking be provided at a rate of one
space per 250 square feet for the office areas, and either one space per 1,000 square feet (for
Building A) or one space per 1,250 square feet (for Building B). This equates to 59 parking spaces
for Building A and 132 spaces for Building B. Respectively, 74 spaces and 154 spaces are
provided.
Following construction, the buildings would most likely be used as warehouses, although future
tenants have not been identified. Therefore, the details of the future businesses' operating
characteristics and number of future employees are unknown. Any future building tenants will be
required to follow City codes, meet City standards, and comply with other Federal, State, and
regional regulatory requirements. An estimate of the number of employees can be made. Using an
assumption that the number of parking spaces required by the Development Code is a proxy for the
maximum number of employees, the maximum number of persons employed at the two proposed
buildings would be 195 (63 persons in Building A and 132 persons in Building B, for a total of 195
persons). It should be noted that this proxy is used for evaluating the maximum potential number
of employees, and the actual number is likely to be smaller.
Regional Context and Vicinity Maps, Aerial Photograph, Site Plan, and Subdivision Map follow.
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SAN BERNARDINO. CALIFORNIA
AERIAL PHOTOGRAPH
JANUARY.21 '05
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CITY OF SAN BERNARDINO
DEVELOPMENT SERVICES
INITIAL STUDY
8.
Surrounding Land Uses and Setting:
Vicinity:
Industrial park development along Industrial Parkway, between the railroad/Cajon
Boulevard corridor on the southwest and the 1-215 Freeway on the northeast - The
area is traversed by Cable Creek Channel (roughly north to south) and Devil Creek
Channel (northeast to southwest).
On-site:
.
IH - Industrial Heavv Land Use Designation, vacant - On March 23, 2000, the site
was granted a Conditional Use Permit (#99-17) to establish a green waste recycling
facility. On April 17, 2000, a Notice of Determination that that project would not
have a significant effect on the environment, and that a mitigated negative
declaration was prepared for the project was filed. At the same time, de minimis
impact findings were made that there was no evidence that the project would have
the potential for an adverse effect on wildlife or wildlife habitat. However, the
project was not constructed, and the use permit is no longer valid.
West: (Shown as project northwest on project plans) IH - Industrial Heavv Land Use
Designation - Cable Creek Channel, and beyond that a fully developed industrial
facility occupying about 38 acres on two parcels southwest ofIndustrial Parkway
Northwest: IH - Industrial Heavv Land Use Designation - Cable Creek Charmel, and beyond
that vacant and developed industrial parcels northeast of Industrial Parkway and
west of Cable Creek Channel
North: IH - Industrial Heavv Land Use Designation - industrial facility northeast of
Industrial Parkway and east of Cable Creek Channel
Northeast: IH - Industrial Heavv Land Use Designation - industrial-warehouse facilities
northeast of Industrial Parkway and backing onto the 1-215 Freeway
Southeast: (Shown as project south on project plans) Devil Creek Charmel and right-of-way
with PFC - Public Flood Control Land Use Designation, and beyond that IL -
Industrial Light Land Use Designation with vacant and developed industrial park
parcels
Southwest: PFC - Public Flood Contro\' IH - Industrial Heavv. and IL - Industrial Light Land
Use Designations - the confluence of Cable Creek and Devil Creek Charmels, and
continuation of Devil Creek Channel toward Cajon Boulevard, with industrial
development on either side.
IS 8
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CITY OF SAN BERNARDINO
DEVELOPMENT SERVICES
INITIAL STUDY
9.
Other agencies whose approval is required (e.g., permits, finance approval, or participation
agreement):
The following approvals are required prior to project implementation:
. City of San Bernardino approval of Tentative Parcel Map SUB04.35
. City of San Bernardino approval of Type II Development Permit DP2/304-54
. Santa Ana Water Quality Control Board. NPDES Permit
. City of San Bernardino approval of grading and building permits
. l'.S. ArnlY Corps of Engineers review of drainage encroachment
. San Bernardino County Flood Control Board approval of drainage encroachment
IS 9
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CITY OF SAN BERNARDINO
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INITIAL STUDY
ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED:
The environmental factors checked below would be potentially affected by this project, involving at
least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following
pages.
D Aesthetics D Agriculture Resources D Air Quality
D Biological Resources D Cultural Resources D Geology / Soils
D Hazards & Hazardous D Hydrology / Water Quality D Land Use / Planning
Materials D Noise D Population / Housing
D Mineral Resources D Recreation D Transportation / Traffic
D Public Services D Mandatory Findings of
D Utilities / Service Systems Significance
On the basis of this Initial Study, the City of San Bernardino Environmental Review Committee finds:
D
I find that the proposed project COULD NOT have a significant effect on the environment, and a
NEGATIVE DECLARATION will be prepared.
I find that although the proposed project could have a significant effect on the environment, there
will not be a significant effect in this case because revisions in the project have been made by or
agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be
prepared.
D
I find that the proposed project MAY have a significant effect on the environment, and an
ENVIRONMENTAL IMPACT REPORT is required.
D
I find that the proposed project MAY have a "potentially significant impact" or "potentially
significant unless mitigated" impact on the environment, but at least one effect I) has been
adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been
addressed by mitigation measures based on the earlier analysis as described on attached sheets. An
ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that
remain to be addressed.
D I find that although the proposed project could have a significant effect on the environment,
because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or
NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or
mitigated pursuant to that EIR or NEGA TIVE DECLARATION, including revisions or mitigation
measures that are imposed upon the proposed project, nothing further is required.
/-:=~.~ "
- . -----
_ Signature
- Atrw' L/~Y'
Printed'Name .
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CITY OF SAN BERNARDINO
DEVELOPMENT SERVICES
-- INITIAL STUDY
Less Than
Potentially Significant Less Than No
Significant With Significant Impact
Impact Mitigation Impact
Incorporation
I. AESTHETICS - Would the project:
a) Have a substantial adverse effect on a scenic 0 0 ~ 0
vista as identified in the City's General Plan?
b) Substantially damage scenic resources, 0 0 0 ~
including but not limited to, trees, rock
outcroppings, and historic buildings within a
state scenic highway?
c) Substantially degrade the existing visual 0 0 ~ 0
character of quality of the site and its
surroundings?
e d) Create a new source of substantial light or glare 0 0 ~ 0
which would adversely affect day or nighttime
view in the area?
e) Other: 0 0 0 0
Discussion:
I.a. c
e
Scenic vistas and visual character are highly influenced by focal point and perspective. On page
12, the General Plan discusses quality of life, and references the "strong visual and physical
amenity of [the City's] location at the base of the San Bernardino Mountains." The primary
scenic and visual character, or the focal point in the vicinity of the proposed project is the distant
backdrop view of the mountains north and east of the site. The public view of this focal point is
primarily from public streets such as Industrial Parkway. The channelized areas of Devil Creek
and Cable Creek are narrow corridors and closed to public access, and do not provide a
perspective of views. Moreover, adjacent areas located farther to the southwest, particularly
along Cajon Boulevard include foreground views of the railroad corridor and existing
development.' Limited vistas also occur to a much lesser degree from various points around
existing industrial buildings adjacent to the project site. The two proposed industrial buildings
will provide large masses that will be located on the side of Industrial Parkway that is opposite
the views of the mountains. Thus, persons viewing the mountains from Industrial Parkway will
mostly be looking away from the proposed buildings. The buildings themselves are subject to
design requirements in the Development Code, will have architectural articulation at prominent
corners facing the street, and will not detract from the visual character of the industrial
neighborhood. From the perspective of persons along Cajon Boulevard, approximately 800 feet
distant, the proposed buildings are less than forty feet in height, and will not interfere with the
view of the taller mountains when viewed from that distant position. Therefore, although there
IS 11
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CITY OF SAN BERNARDINO
DEVELOPMENT SERVICES
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will be some effect on vistas and visual character, the effect will not be adverse, and there will be
a less than significant impact from the proposed buildings.
l.b The area does not contain a state scenic highway. Therefore, the proposed project would not
have an impact on scenic resources within a state scenic highway. No mitigation measures are
necessary.
l.d The proposed project will result in an incremental increase in the amount oflight and glare from
the installation of on-site lighting. However, General Standards 11 and 14 within Section
19.20.030 of the Development Code provide that exterior lighting shall be shielded or recessed
so that direct glare and reflections are contained within the boundaries of the parcel, and shall be
directed downward and away from adjoining properties and public rights-of-way. It is further
provided that no lighting shall blink, flash, or be of unusually high intensity or brightness, and
that all lighting fixtures shall be appropriate in scale, intensity, and height to the use it is serving.
Mandatory adherence to these provisions to reduce the impact of on-site light sources will reduce
impacts associated with this issue to a less than significant level.
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elI.a
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11.
AGRICULTURE RESOURCES:
a) Convert Prime Farmland. Unique Farmland. or
Farmland of Statewide Importance (Farmland).
as shown on the maps prepared pursuant to the
Farmland Mapping and Monitoring Program of
the California Resources Agency, to a non-
agricultural use?
b) Other: Conflict with agricultural zoning, an
existing agricultural use, or a Williamson Act
Conservation Contract?
Discussion:
Less Than
Potentially Significant Less Than No
Significant With Significant Impact
Impact Mitigation Impact
Incorporation
D D D ~
D
D
~
D
The City of San Bernardino generally consists of Urban and Built-Up Land designations
interspersed with Grazing Land designations. Reviews of the Department of Conservation
Farnlland Maps indicated that there are no areas designated as Prime and Unique Farmland by
the California Resources Agency within the vicinity of the proposed project site or this part of
the City of San Bernardino. Therefore. there is no impact.
lI.b
The property is not used for agriculture, and is not subject to a Williamson Act Conservation
Contract. Therefore. there is no impact.
IS \3
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lIJ.a-c
The proposed project site is located within the South Coast Air Basin (SCAB). Local regulatory
review and primary authority over potential sources of air pollution within the SCAB are under
the jurisdiction of the South Coast Air Quality Management District (SCAQMD). The SCAB is
an area not in attainment of the National Ambient Air Quality Standards or California Ambient
Air Quality Standards for Particulate Matter <10 microns (PMIO) and Ozone. Because of the
non-attainment status, the SCAQMD was required to prepare, implement, and enforce a 2003 Air
Quality Management Plan (AQMP) that was approved by the California Air Resources Board.
The AQMP was designed to bring the region into compliance with federal and state air quality
standards, and utilizes technology advancements and systemic, region-wide control measures,
such as regulating use of surface coatings and solvents, and regulating petroleum operations and
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CITY OF SAN BERNARDINO
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fugitive emissions. The AQMP is a systemic approach rather than a project-by-project approach.
As such, current and future systemic regulatory requirements and changes will also occur for the
future operators of the proposed project, and the potential project impacts related to routine
fulllre operations will be mitigated along with all other operations in the SCAB.
The SCAQMD developed the CEQA Air Quality Handbook (2001) with thresholds based on the
\olume. as stated in pounds per day, of emissions resulting from projects. Projects with daily
emissions exceeding the following daily thresholds (expressed as pounds per day) are considered
as having significant impacts on air quality:
I
i Durinu Construction
I Durin 0 eration
EMISSIONS THRESHOLDS
ROG NOx CO
75 100 550
55 55 550
PMIO
150
150
S02
150
150
During the construction phase, the site will be graded and the building pads will be prepared, the
building shells will be constructed, the parking lots will be prepared, and final interior and
exterior finishes will be completed, including the installation of landscaping. Based upon the
SCAQMD's Urbemis program, the following daily construction emissions are anticipated:
I Source
Fu itive Dust
i Estimated Emissions
! Threshold Levels
i Si nificant?
SITE GRADING EMISSIONS ESTIMATES
ROG NOx CO
PMIO
23.84
23.84
150
No
S02
75
No
100
No
550
No
150
No
CONSTRUCTION EMISSIONS ESTIMATES
Source ROG NOx CO S02 PMIO
Bldg. Const. Off-Road Diesel - - - - -
Bldg. Const. Worker Trips 1.49 1.82 34.93 0.02 0.13
Arch. Coating Off-Gas i 314.37 - - - -
Arch. Coating Worker Trips I .99 1.54 28.93 0.02 0.12
Asphalt Off-Gas 1.19 - - - -
, Asphalt Off-Road Diesel - - - - -
i Asphalt On-Road Diesel 0.27 4.26 0.99 0.08 0.13
! Asphalt Worker Trips - - - - -
Estimated Emissions 317.81 7.34 58.85 0.12 0.37
Threshold Levels 75 100 550 150 150
Significant? Yes No No No No
Construction emissions from the proposed project would exceed the SCAQMD thresholds of
significance, although construction is anticipated to occur over a seven-month period, the actual
threshold exceedence be even more short term as specified herein. The primary sources' of
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emiSSIons during the beginning of the construction phase will be exhaust <::mlSS10ns from
construction equipment and fugitive dust as a result of grading, however, these do not exceed
thresholds with the proposed mitigation. However, later, toward the end of construction for a
period of one month during exterior painting, the ROG threshold will be exceeded.
The following mitigation measures are required to minimize the project contribution to local and
regional emissions of pollutants and minimize impacts to adjacent developments:
I. The site shall be treated with water a minimum of twice per day to reduce PMIO emissions.
2. Driveways into the site shall be wet swept as needed to reduce PMJO emissions associated
with vehicle tracking of soil off-site.
3. Grading operations shall be suspended when wind speeds exceed gusts of 25 mph to
minimize PMJo emissions.
4. On-site construction traffic speed shall be limited to 15 mph on unpaved surfaces.
Implementation of these mitigation measures would reduce emissions to levels below thresholds
with the exception of the one-month period during exterior painting. This duration is considered
to be short term, and once completed, the impact would cease.
During the operational phase, the proposed project would operate as warehouses, and principle
emissions are likely to be from the use of forklifts, commuter's vehicles, and delivery trucks.
The following operational emissions are anticipated:
OPERATIONAL EMISSIONS ESTIMATES
i ROG NOx CO S02 PMIO
I Area Source 2.93 0.91 2.31 0.00 0.01
! Operational (Veh.) 10.11 9.29 98.51 0.09 7.79
Total 13.05 10.20 ]00.83 0.09 7.80
Threshold Levels 55 55 550 ISO ISO
i Si"nificant? No No No No No
Emissions during the operational phase would not exceed SCAQMD thresholds, although
operations will have to comply with SCAQMD requirements, Implementation of the proposed
project would not exceed established thresholds for pollutants identified by SCAQMD.
The SCAQMD Air Quality Analysis Guidance Handbook states that sensitive receptors are
structures that either house persons who are especially sensitive to air pollution emissions, or
provide gathering places for those persons to exercise. The proposed project will result in two
warehouse structures located in an industrial park, and separated from residential land uses that
are located northeast of the 1-215 Freeway, and southwest of the Cajon Boulevard railroad
corridor. These potential receptor locations are at least 800 feet from the project site. Moreover,
the operational characteristics of the proposed project, as discussed above, are not likely to pose
substantia] pollutant concentrations, and any impacts would be less than significant.
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There would be temporary impacts during construction. Diesel-powered vehicles and equipment
are likely to be used, and would create odors. There may also be odors from the installation of
parking lot and driveway asphalt, and the application of architectural coatings on buildings.
These temporary odors are not likely to be noticeable beyond the project boundaries. SCAQMD
requirements regarding the installation of asphalt surfaces and the application of architectural
coatings are sufficient to reduce temporary odor impacts to a less than significant level.
IS 17
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INITIAL STUDY
IV. BIOLOGICAL RESOURCES - Continued
f) Other:
Less Than
Potentially Significant Less Than No
Significant With Significant Impact
Impact Mitigation Impact
Incorporation
0 0 0 0
Discussion:
IV.a-b The proposed project site is not within the Biological Resources Management Overlay as shown
on Figure 41 of the General Plan. An initial study conducted in 2000 for Conditional Use Permit
(CUP) 99-17, concluded that a project proposed for this site would not result in any impacts to
endangered. threatened or rare species, or their habitats. A Negative Declaration was approved,
and De Minimis Impact Findings were made. More recently, on July 12, 2001, the same De
Minimis Impact Findings were made for another project, CUP 00-28, located immediately across
Industrial Parkway from the proposed project site. The 2000 initial study for CUP 99- I 7,
described the plant cover on the proposed project site as a "mixture of non-native weedy species
commonly found growing on vacant lots in southern California such as ragweed (Abrosia
psiloscachya), short-podded mustard (Hirschfeldia incalla), and foxtail (Vulpia myuros), which
supports minimal wildlife activity." That study went on to say that the "surrounding properties
are either vacant supporting similar non-native grasslands, or developed with heavy industrial
activities such as San Bernardino Steel which discourage the presence of wildlife."
IV.c The proposed project site is a three-sided parcel that is bounded on one side by Industrial
Parkway, and on the other two sides by Devil Creek Channel and Cable Creek Channel. These
channels are improved drainage channels operated by the San Bernardino County Flood Control
District, and have raised, manufactured sides that contain flowage. The project site has a slight
slope that averages about 2.9 percent. and that is roughly uniform across the site. draining down
to the southeast. This slope neither intercepts natural drainage courses, nor provides a condition
conducive to the formation of a wetland character. Thus, there are no jurisdictional drainages or
wetlands, and there is no impact related to this issue.
IV.d Refer to IV.a-b above.
IV.e The proposed project site is not located within an adopted Habitat Conservation Plan or Natural
Community Conservation Plan area. Thus, there is no impact associated with this issue.
IS 19
V.a-d The proposed project site is outside the areas for concern mapped on Figure 8 of the General
Plan. There are no known unique ethnic or cultural values, or religious or sacred uses associated
with the project site. No prehistoric sites have been previously recorded with the National
Register of Historic Sites on or within one mile of the project site, and no fossil remains have.
been found. Thus no historic properties, paleontological resources, or archeological resources
have been identified at the project site, and there will be no impact. .
V.e There is no evidence in place to suggest the project site has been used for human burials. The
California Health and Safety Code Section 7050.5 states that if human remains are discovered
on-site, no further disturbance shall occur until the County Coroner has made a determination of
origin and disposition pursuant to Public Resources Code Section 5097.98. As adherence to
State law is required for all development, no mitigation is required in the unlikely event human
remains are discovered on-site.
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IS 20
eVI.a
Development of the project site will require the movement of earth during site preparation and
construction of the proposed buildings, drive ways, and parking areas. On-site grading
operations will be required to adhere to applicable standards established and enforced by the
.
-IS 21
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DEVELOPMENT SERVICES
INITIAL STUDY
e
VI.b
Vl.c
Vl.d
Vl.e
eVI.f
City. Adherence to these standards will reduce potential impacts relative to on-site earth moving
to a less than significant level.
The proposed project site is located in the San Bernardino Valley, which is an area of high
regional seismicity. The San Andreas Fault is located approximately 2.0 miles north of the
project site, while the Glen Helen / San Jacinto Fault area is located approximately 1.0 to 2.0
miles southwest of the site, as shown on Figure 47 of the General Plan. The Cucamonga Fault is
located more distantly ftom the project site, as indicated by Figure 46 of the General Plan. No
impacts associated with on-site fault rupture are anticipated to occur because no fault traces have
been located on the project site. The most likely hazard to persons and property would result
from ground shaking during a seismic event. Based on Figure 46 of the General Plan, a
maximum ground acceleration of 0.8g may occur during a magnitude 8.5 event on the San
Andreas Fault, a maximum ground acceleration ofO.7g may occur during a magnitude 7.5 event
on the San Jacinto Fault, and maximum ground acceleration of 0.45g may occur during a
magnitude 6.5 event on the Cucamonga Fault.
The project site is located in Unifornl Building Code, Seismic Zone 4. The State has modified
the Uniform Building Code (UBC) to incorporate modifications specifically for construction
within seismically active areas. Adherence to standards set forth in this revised building code,
the California Building Code (CBC), which is required for all construction within the State, will
reduce potential ground shaking impacts to a less than significant level.
The proposed project site is outside the mapped locations of Alquist Priolo Special Study Zones
shown on Figure 47 of the General Plan, and there will be no impacts associated with
construction in such a Zone.
The proposed project site is outside the mapped areas of high potential for water or wind erosion
shown on Figure 53 of the General Plan. Moreover, the buildings, paving, and landscape
resulting from the implementation of the proposed project will eliminate potential exposure to
wind or rain erosion. As part of the development process, the developer must prepare, and have
approved by the City, a Stormwater Pollution Prevention Plan (SWPPP) and a Water Quality
Management Plan (WQMP) that will set out required actions that will avoid stormwater run-off
and the resulting erosion. These actions are required during and following construction. Thus,
there will be no such impacts associated with construction at the project site.
The proposed project site is in an area of low relief, and is outside the mapped areas of
Generalized Landslide Susceptibility shown on Figure 52 of the General Plan, and there will be
no such impacts associated with construction at the project site. The site is also outside the
mapped area with potential ground subsidence shown on Figure 51 of the General Plan, and there
will be no such impacts associated with construction at the project site.
The proposed project site is outside the mapped areas of High or Moderately High to Moderate
Liquefaction Susceptibility shown on Figure 48 of the General Plan, and there will be no such
impacts associated with construction at the project site.
IS 22
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DEVELOPMENT SERVICES
INITIAL STUDY
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Vl.g.
Vl.h
VLi
The project site is relatively flat, with indications of some prior grading. The project site does
not contain, nor will the proposed project result in the modification of any creek, channel, river,
or unique geologic or physical feature. Thus, the proposed project will not result in impacts
associated with this issue.
Implementation of the proposed project will require the temporary excavation, stockpiling, and
movement of soil to accommodate general site preparation, final grading, building construction,
parking lot and driveway construction, and landscaping. The disturbance and movement of soils
will increase the potential for on-site soil erosion and dust unless measures are taken to mitigate
these temporary impacts.
Development of the site will result in the movement of soil in excess of 1.0 acre, and the project
proponent will" be required to obtain a National Pollutant Discharge Elimination System
(NPDES) pernlit, as well as submitting a Storm Water Pollution Prevention Plan (SWPPP) to
address erosion and discharge impact associated with the proposed on-site grading. The
developer will also be required to comply with grading and erosion control measures (including
the prevention of sedimentation or damage to off-site property) set forth in Chapter 15 of the
Municipal Code. Adherence to the NPDES permit requirements and the standards established by
the City will reduce potential impacts related to this issue to a less than significant level.
Because the site is relatively flat, without slopes of significant steepness, and requires only minor
grading cuts and fills, soil stability will not be an issue during construction. Based on the above
information and specified development requirements, although there could be temporary impacts
during construction, they would be less than significant.
The proposed project site is a relatively flat land form with no steeply sloped areas, and with an
average grade of approximately 2.9 percent sloping down to the southwest. Elevations on-site
range from 1,586 feet above mean sea level (amsl) at the northerly comer of the site to 1,559 feet
amsl at the site's southwestern comer. Moreover, the project site is not located in or near the
foothill area referenced in Section 19.17.030 of the Development Code as being applicable for
the Hillside Management Overlay District (HMOD), nor does it contain slopes in excess of
fifteen percent. Proposed finished grades will remain closely related to the site's existing grade.
Thus, there will be no impacts related to these issues. (See also: IX.d)
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CITY OF SAN BERNARDINO
DEVELOPMENT SERVICES
_- INITIAL STUDY
Less Than
Potentially Sigmfica11l Less Than No
Significant With Significant Impact
Impact Mitigation Impact
Incotporation
VII. HAZARDS AND HAZARDOUS MATERIALS
- Would the project:
a) Create a significant hazard to the public or the 0 0 1:8:1 0
environment through the routine transport, use,
or disposal of hazardous materials?
bi Create a significant hazard to the public or the 0 0 1:8:1 0
environment through reasonably foreseeable,
upset and accident conditions involving the
release of hazardous materials into the
ell\'ironmellt0
c) Emit hazardous emissions or handle hazardous 0 0 0 1:8:1
or acutely hazardous materials, substances, or
_ waste within one-quarter mile of an existing or
proposed school0
d) Be located on a site which is included on a list 0 0 0 1:8:1
of hazardous materials sites compiled pursuant
to Gov'emment Code Section 65962.5 and, as a
result, would it create a significant hazard to the
public or the environment0
e) For a project located within an airport land use 0 0 0 1:8:1
plan or, where such a plan has not been adopted,
within two miles of a public airport or public
use airport, would the project result in a safety
hazard for people residing or working in the
project area0
l) Impair implementation of or physically interfere 0 0 0 1:8:1
with an adopted emergency response plan or
emergency evacuation plan?
g) Expose people or structures to a significant risk 0 0 0 1:8:1
of loss, injury or death involving wildland fires,
_ including where wildlands are adjacent to
urbanized areas or where residences are
intermixed with wildlands?
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CITY OF SAN BERNARDINO
DEVELOPMENT SERVICES
INITIAL STUDY
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporation
No
Impact
Less Than
Significant
Impact
VII. HAZARDS AND HAZARDOUS MATERIALS
- Continued
h) Other:
o
o
o
o
Discussion:
VILa-bThe proposed project will consist of two warehouse buildings that would be used by future
tenants. Most likely, goods will be transported to, stored at, and transported from the site by way
of trucks and trailer-trucks. Although the underlying IH zone allows other industrial uses, Table
08.01 within Section 19.08.020 of the Development Code provides that industrial uses require
review and approval of either Development Permits or Conditional Use Permits, and there would
be no inadvertent significant change in use.
The proposed project could result in the transport of hazardous materials to the site, although the
handling of hazardous materials other than for routine cleaning and maintenance purposes is
neither proposed nor anticipated. The types of potentially hazardous materials that may be used
during the course of future daily activities at the proposed project site are likely to be fuel, paint
products. lubricants, solvents. and cleaning products in quantities that are not significant.
The construction of the proposed project will include transporting and using potentially
hazardous materials such as construction materials, paints. paving materials. fuels, etc. The
transport and use of hazardous materials during the construction and operation of the site is
required to be conducted in accordance with all applicable Federal and State laws, and local
requirements. Compliance with all applicable laws and regulations will reduce the potential
impact associated with the routine transport, use, or disposal of hazardous materials to a less than
significant level.
Should a future use be proposed in either of the buildings that requires significant use of
hazardous materials, approvals from the City Building and Fire Departments would be required.
VILc
The proposed project site is not located within one-quarter mile of either an existing or a
proposed school. The one-quarter mile ring includes an area extending roughly to Kendall Drive
on the northeast, Majestic Avenue on the southwest, and inside the Industrial Parkway area on
the northwest and southeast, and most of the area is an industrial park. Thus, there would be no
potential for impacts to schools within one-quarter mile of the project.
The proposed project site has not been designated as a hazardous materials site by the California.
Department of Toxic Substances Control, and there is no impact associated with this issue.
IS 25
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CITY OF SAN BERNARDINO
DEVELOPMENT SERVICES
INITIAL STUDY
VILe
VILf
e
The project is not located within an airport land use plan or within two miles of a public airport
or public use airport. The closest airport is the Rialto Municipal Airport, located approximately
4.5 miles southwest of the proposed project site. When comparing the location of the proposed
project site from the extended centerlines of that airport's runways, the proposed project site is
approximately two miles from that extended centerline, measured perpendicularly from a point
on thai centerline about 3.5 miles from the end of the runway, labeled Runway 9 on the 2005
Thomas Guide map. The second closest airport is the San Bernardino International Airport,
located approximately eight miles southeast of the proposed project site. Based on information
in Section 19.12 of the City of San Bernardino Development Code, the proposed project site is
not within or proximate to areas identified as presenting potential hazards to persons. Moreover,
the proposed project site is outside of constrained areas identified within Federal Aviation
Regulations Part 77. Thus, there is no impact. (See also: IX.!)
The developer of the proposed project must submit plans for review and approval by the San
Bernardino Fire Department (SBFD) prior to issuance of building permits. Future tenants of the
two warehouses with internal office facilities in the project would be required to prepare and
implement a Business Emergency Response Plan that identifies emergency procedures to be
used, maps of the building and tenant Improvements, who is responsible for implementation of
the plan, and who should be called in case of an emergency, and any other information required
by the SBFD. The SBFD reviews designs and plans to ensure that there is adequate emergency
access for their vehicles. Therefore, the proposed project would not impair or otherwise
physically interfere with an adopted emergency response or evacuation plan.
VII.g The proposed project site is located southwest of Kendall Drive and the 1-215 Freeway, outside
the mapped Fire Hazard Area shown on Figure 61 of the General Plan. Moreover, the
surrounding vicinity is generally developed with industrial uses, and there are no adjacent
wildlands. Therefore the proposed project will not expose people or structures to a significant
risk of loss. injury or death involving wildland fires, and there is no impact. (See also: IX.e)
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IS 26
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CITY OF SAN BERNARDINO
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Less Than
Potentially Signilicanl Less Than No
Significant With Significant Impact
Impact Mitigalion Impact
Incorporation
VIII. HYDROLOGY AND WATER QUALITY -
Continued
f) Otherwise substantially degrade water 0 0 0 [8J
quulil/.'
g) Place housing within a 100-year flood hazard 0 0 0 [8J
area as mapped on a federal Flood Hazard
Boundary or Flood Insurance Rate Map or
other flood hazard delineation map? (Panel
No.0607IC7940F)
h) Place within a I OO-year flood hazard area 0 0 0 [8J
structures which would impede or redirect
e flood flows?
i) Expose people or structures to a significant 0 0 0 [8J
risk of loss, injury, or death involving
flooding, including flooding as a result of the
failure of a levee or darn?
j) Inundation by seiche, tsunami, or mudflow? 0 0 0 [8J
k) Other: 0 0 0 0
Discussion:
VIII. a
The proposed project is designed to, and will be connected to existing water and sewer systems.
During construction, waste discharges will potentially include discharges of stormwater and
sediment. However, a construction project resulting in the disturbance of 1.0 acre or more
requires an NPDES permit, and preparation of a Storm Water Pollution Prevention Plan
(SWPPP) is required of the project proponent. Adherence to measures included in the SWPPP
will reduce potential water quality impacts to a less than significant level. Prior to the issuance
of building permits, the project applicant will also be required to satisfy City requirements
related to the payment of fees and/or the provision of adequate wastewater facilities. All
facilities will be designed, installed, and maintained to meet City standards to ensure wastewater-
related water quality standards are not exceeded. A Water Quality Management Plan (WQMP)
will also be prepared, and during the operation of the proposed warehouse-industrial buildings,
the operator is required to adhere to these NPDES and City requirements.
e
IS 28
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CITY OF SAN BERNARDINO
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VlIl.b
V III. c
VIII.d
e VIII.e
Therefore, with confonnance to the following mitigation measures, the level of significance will
be reduced to less than significant:
5. Prior to issuance of grading pennits, the applicant shall prepare a Stonnwater Pollution
Prevention Plan (SWPPP) and obtain a Notice of Intent (NOI) to comply with obtaining
coverage under the National Pollutant Discharge Elimination System (NPDES) General
Construction Stonn water Pennit from the State Water Resources Control Board. Evidence
that this has been obtained (i.e. a copy of the Waste Discharger's Identification Number)
shall be submitted to the City for coverage under the NPDES General Construction Penn it.
6. Prior to issuance of building pennits, the applicant shall submit to the City Engineer for
approval, a Water Quality Management Plan (WQMP), including a project description and
identifying best Management Practices (BMPs) that will be used on-site to reduce
pollutants into the stonn drain system to the maximum extent practicable.
The project area is served by existing water lines which will serve the proposed warehouse-
industrial buildings. Private wells are not proposed, and the project will not use or deplete
groundwater supplies. Due to the inclusion of penneable landscape areas, the proposed project
will allow some groundwater recharge. The soils at the site are primarily in group "An, which is
the most pervious on a scale from A to D. Although, the proposed project will reduce existing
absorption rates because of the installation of impervious surfaces, the impacts are considered to
be less than significant.
The project does not involve either on-site or off-site improvements that would significantly
change existing drainage patterns. Both Cable Creek and Devil Creek are channelized drainage
systems of the San Bernardino County Flood Control District, and their drainage patterns are
already detennined and restricted. The onsite flow will continue to be directed in a southwest
direction at an average gradient of less than 3 percent into one or more drainage inlets installed
to filter and control the sediment, silt, debris, trash, oils, and grease prior to release into the flood
control channels. Some existing areas immediately adjacent to the street, including parkway
areas within the public right-of-way currently drain toward the street, so there will not be a
substantial change in drainage patterns. None of the proposed drainage is sufficient to
substantially alter the existing drainage patterns, or result in substantial erosion or siltration.
Thus, there are no impacts related to substantial alteration of patterns or erosion.
The project does not involve either on-site or off-site improvements that would change existing
drainage patterns in a manner that would result in flooding on- or off-site. Due to construction of
the proposed warehouse-industrial buildings, and parking and driveway areas, the only
remaining penneable areas will be landscape areas that will comprise approximately 1.57 acres
of the 1O.33-acre site. Therefore, the amount of run-off will be increased but not to the extent
that will result in flooding, and any impacts will be less than significant.
Development of the project will maintain the existing, natural drainage pattern in which stonn
flows currently run-off southwest toward Devil Creek Channel. With development, project
drainage will be collected at the southwest comer of the site, and dropped into an inlet. From
this inlet the flows will be passed through a two stage filtration system before entering Devil
IS 29
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e
V lll. f
VlII.g
VIII.h
V III. i
e
VIII.j
Creek Channel. Devil Creek Channel is a lined channel that has been improved to accommodate
drainage in its basin and in the vicinity of the project area. As such, storm flows from the
proposed project will not exceed that anticipated by the existing capacity in Devil Creek
Channel. Since the proposed project is greater than 1.0 acre in size, it requires an NPDES permit
and preparation of a Storm Water Pollution Prevention Plan (SWPPP) is also required.
Adherence to measures included in the SWPPP will reduce potential water quality impacts to a
less than significant level. Prior to the issuance of building permits, the project applicant will
also be required to satisfy City requirements related to the payment of fees and/or the provision
of adequate wastewater facilities. All facilities will be designed, installed, and maintained to
meet City standards to ensure wastewater-related water quality standards are not exceeded. A
Water Quality Management Plan (WQMP) will also be prepared, and during the operation of the
proposed warehouse-industrial buildings, the operator is required to adhere to these WQMP and
City requirements, and any impacts will be less than significant.
The proposed project is greater than 1.0 acre in size, and requires an NPDES permit, preparation
of a SWPPP, and a WQMP for operation of the warehouse-industrial buildings, Prior to the
issuance of building permits, the project applicant will also be required to satisfy City
requirements related to the payment of fees and/or the provision of adequate wastewater
facilities. All facilities will be designed, installed, and maintained to meet City standards to
ensure wastewater-related water quality standards are not exceeded. Therefore, no significant
impact which will substantially degrade water quality will occur.
The proposed project is the subdivision of one industrial parcel into two industrial parcels, and
the construction of two warehouse-industrial buildings. No housing is proposed, and there is no .
impact.
The proposed project site is located outside any lOa-year flood plain as identified in Figure 62 of
the General Plan and the Federal Emergency Management Agency Flood Insurance Rate Map,
Community Panel Number 06071C7940F, dated March 18, 1996. Although the site is located
adjacent to Cable Creek Channel and Devil Creek Channel, the lOa-year flood-plain is confined
to those channels. under the jurisdiction of the San Bernardino County Flood Control District.
Therefore, the proposed project will not result in placing structures that would impede or redirect
flood flows, and there will be no impact.
The proposed project site is located outside any lOa-year flood plain as identified in Figure 62 of
the General Plan and the Federal Emergency Management Agency Flood Insurance Rate Map,
Community Panel Number 06071C7940F, dated March 18, 1996. Although the site is located
adjacent to Cable Creek Channel and Devil Creek Channel, the lOa-year flo()d-plain is confined
to those channels, under the jurisdiction of the San Bernardino County Flood Control District.
Since there are no dams in the vicinity of the project site, and there will be no impacts that will
expose people or structures to a significant risk of loss, injury, or death involving flooding as a
result of this development.
The proposed project site is located more than 60 miles from the Pacific Ocean, and there are no
adjacent ponds, lakes, or reservoirs. Thus, there is no potential for or impacts from tsunamis or
IS 30
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CITY OF SAN BERNARDINO
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INITIAL STUDY
seiches. The site is generally flat and not in close enough proximity to mountainous areas from
which mudflows could reasonably be expected to enter the site, particularly since the adjacent
Cable and Devil Creeks are channelized and the project site is outside any I DO-year flood plain
as identified in Figure 62 of the General Plan and the Federal Emergency Management Agency
Flood Insurance Rate Map, Community Panel Number 06071C7940F, dated March 18, 1996.
Therefore, there is no impact related to seiche, tsunami, or mudflow.
IS 31
CITY OF SAN BERNARDINO
DEVELOPMENT SERVICES
_- INITIAL STUDY
Less Than
Potentially Significant Less Than No
Significant With Significant Impact
Impact Mitigation Impact
Incorporation
IX. LAND USE AND PLANNING - Would the
project:
a) Physically divide an established community? 0 0 0 J:8J
b) Contlict with any applicable land use plan, 0 0 0 J:8J
policy, or regulation of an agency with
jurisdiction over the project (including, but not
limited to the general plan, specific plan, local
coastal program, or zoning ordinance) adopted
for the purpose of avoiding or mitigating an
environmental effect?
c) Contlict with any applicable habitat 0 0 0 J:8J
_ conservation plan or natural community
conservation plan?
d) Be developed within the Hillside Management 0 0 0 J:8J
Overlay District?
e) Be developed within Foothill Fire Zones A, B, 0 0 0 J:8J
or C as identified in the City's General Plan?
f) Be developed within the Airport Influence Area 0 0 0 J:8J
as adopted by the San Bernardino International
Airport Authority?
g) Other: 0 0 0 0
Discussion:
IX.a
The proposed project site is an existing 10.3-acre parcel that is bounded by Industrial Parkway
on one side, and by Cable Creek Channel and DevilCreek Channel on the other sides. The area
immediately surrounding the vicinity is composed of other industrial parcels ranging in size from
about five acres to about 22 acres. The larger vicinity, within about 1,000 feet and located
between the 1-215 Freeway and the railroad corridor adjacent to Cajon Boulevard, includes
industrial and commercial parcels that average approximately 6.9 acres each in size. Thus the
project site is comparable in size to neighboring parcels and does not physically divide the
vicinity. The vicinity is located between the 1-215 Freeway on the northeast, and the railroad
corridor on the southwest, barriers which establish the community, in which the project sitr is
consistent in size and zoning with the character of that community.
_
IS 32
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IXb
lX.c
lX.d
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CITY OF SAN BERNARDINO
DEVELOPMENT SERVICES
INITIAL STUDY
The proposed project will result in the development of a 1O.3-acre parcel subdivided into two
lots in the lH - Industrial Heavy General Plan and Zone area. The site is outside the Biological
Resource Management Overlay as shown on Figure 41 of the General Plan. Development Code
Section 19.08.030 General Standard l.A provides that lots in that zone contain at least 40,000
square feet. The smallest parcel proposed is 3.6 acres, well above the minimum size. The
proposed project also consists of construction of two warehouse-industrial buildings containing
138,078 square feet and 49,616 square feet, on lots containing approximately 157,000 square feet
and 293,000 square feet respectively, with a resulting coverage of about 32 percent and 47
percent respectively. whereas Section 19.08.030 General Standard 1.A allows a coverage of up
to 75 percent. Furthermore, the improvements are subject to the Development Permit process
that ensures that development conforms to City codes and standards. Thus, there is no impact on
land use plans or zones.
The proposed project site is not located within an adopted Habitat Conservation'Plan or Natural
Community Conservation Plan area. Thus, there is no impact associated with this issue.
The proposed project site is a relatively flat land form with no steeply sloped areas, and with an
average grade of approximately 2.9 percent sloping down to the southeast. The project site is not
located in or near the foothill area referenced in Section 19.17.030 of the Development Code as
being applicable for the Hillside Management Overlay District (HMOD), nor does it contain
slopes in excess of fifteen percent. Thus, there will be no impacts related to these issues. (See
also: VLi)
IX.e The proposed project site is located southwest of Kendall Drive and the 1-215 Freeway, outside
the mapped Fire Hazard Area shown on Figure 61 of the General Plan. Therefore the proposed
project will not expose people or structures to a significant risk of loss, injury or death involving
wildland fires, and there is no impact. (See also: VILg)
IX.f The proposed project site is located approximately eight miles northwest of the San Bernardino
International Airport, outside of that airport's Airport Influence Area. Thus, there is no impact.
(See also: VILe)
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IS 33
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CITY OF SAN BERNARDINO
DEVELOPMENT SERVICES
INITIAL STUDY
Less Than
Potentially Significant Less Than 1'0
Significant With Significant Impact
Impact Mitigation Impact
Incorporation
X. MINERAL RESOURCES - Would the project:
a) Result in the loss of availability of a known D D D 1ZI
mineral resource that would be of value to the
region and the residents of the state?
b) Result in the loss of a locally-important mineral D D D 1ZI
resource recovery site delineated on a local
general plan. specific plan or other land use
plan'.'
c) Be located in a Mineral Resource Zone as D D D 1ZI
adopted by the State Mining and Geology Board
and identified in the City's General Plan?
,eDiScussion:
X.a-c
The only mineral resource referenced in the General Plan is construction aggregate, generally
described as sand and gravel. The proposed project site is located outside of areas mapped as
being Regionally Significant Construction Aggregate Sectors, shown on Figure 42 of the General
Plan. Therefore, development of the proposed project site will not result in the availability or
loss of construction aggregate, and there will be no impact.
e
IS 34
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CITY OF SAN BERNARDINO
DEVELOPMENT SERVICES
INITIAL STUDY
XI. NOISE - Would the project result in:
e
a) Exposure of persons to or generation of noise
levels in excess of standards established in the
Cit) 's General Plan or Development Code, or
applicable standards of other agencies?
b) Exposure of persons to or generation of
excessive groundborne vibration or
groundbourne noise levels?
c) A substantial permanent increase in ambient
noise levels in the project vicinity above levels
existing without the project?
d) A substantial temporary or periodic increase in
ambient noise levels in the project vicinity
above levels existing without the project?
e) For a proj ect located within an airport land use
plan or Airport Influence Area, would the
project expose people residing or working in the
project area to excessive noise levels0
i) Other:
Discussion:
XI.a
e
Less Than
Potentially Significant Less Than No
Significant With Significant Impact
Impact Mitigation Impact
Incorporation
D D ~ D
D
D
~
D
D
D
~
D
D
D
~
D
D
D
D
~
D
D
D
D
The subdivision aspect of the proposed project relates to property ownership patterns within an
industrial zone, and there is no impact. The proposed project will also consist of two warehouses
located within the IH zone, and are likely to generate noise levels consistent with warehouse and
industrial uses in the immediate vicinity. As shown on Figure 56 of the General Plan, industrial
uses may be considered compatible with community noise environments, in this case, an
industrially zoned industrial park, when buildings are of normal, conventional construction
without special noise insulation. General Standard 15 of Development Code Section 19.20.030
provides that no loudspeaker, bells, gongs, buzzers, mechanical equipment or other sounds,
attention-attracting, or communication device associated with any use shall be discernible
beyond any boundary line of the parcel, except fire protection devices, burglar alarms and church
bells. All development must comply with this standard. For these reasons, any noise impacts
related to the generation of noise in excess of standards, and the exposure of persons to such
noise, are less than significant. '
IS 35
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CITY OF SAN BERNARDINO
DEVELOPMENT SERVICES
INITIAL STUDY
eXLe
e
XLb
XI.c
XI.d
Any groundbome vibration would be limited to temporary construction aCl1vll1es for the
proposed buildings and site work. Any vibration would be temporary and intermittent, and
would occur during normal daytime working hours, and would be less than significant.
The proposed project would include normal operation of two warehouses, along with resultant
truck traffic. As such, there would be a minor increase in ambient noise. However, the project
location is within a redevelopment area industrial park, adjacent to other industrial and
warehouse uses, and between the 1-215 Freeway and the Cajon Boulevard railroad corridor. Per
the General Plan, those transportation corridors result in higher ambient noise levels. These
noise levels are likely to be higher than those generated by the proposed project, and any impacts
.from the project are likely to be less than significant.
Site preparation and construction of the proposed project is likely to temporarily increase
ambient noise levels. The increase would be temporary and intermittent, and would occur during
normal daytime working hours. Therefore, any impacts from the project are likely to be less than
significant.
The proposed project site is not located within an airport land use plan or Airport Influence Area.
Th~ closest airport is the Rialto Municipal Airport, located approximately 4.5 miles southwest of
the project site. The San Bernardino International Airport is located approximately eight miles
southeast of the project site. Noise contours exceeding the 65 CNEL level, as shown on the
Rialto Municipal Airport Final Comprehensive Land Use Plan, do not extend to the vicinity of
the project site, and there is no impact.
IS 36.
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CITY OF SAN BERNARDINO
DEVELOPMENT SERVICES
INITIAL STUDY
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporation
Less Than
Significant
Impact
No
Impact
XII. POPULA nON AND HOUSING - Would the
project:
a) Induce substantial population growth in an area,
either directly (for example, by proposing new
homes and businesses) or indirectly (for .
example, through extension of roads or other
infrastructure)?
o
o
o
o
b) Remove existing housing and displace
substantial numbers of people, necessitating the
construction of replacement housing elsewhere?
o
o
o
o
c) Other:
o
o
o
o
e Discussion:
Xll.a The proposed project site is located in an area that already contains all necessary infrastructure
improvements, and is generally surrounded by other industrial development. Although the
proposed project will provide some employment, the development of two warehouse-industrial
buildings would not be considered as providing employment for substantial numbers of persons.
Moreover, the California State Employment Development Department reported an
unemployment rate of 6.9 percent for the City of San Bernardino during the most recently
reported period, November 2004, compared with 5.6 percent for the state. Therefore, a
reasonable inference is that the additional employment resulting from businesses locating at the
project site will tend to absorb existing unemployed persons rather than induce substantial
numbers of new persons into the area, and there will be no impact related to this issue;
XII.b The proposed project site is undeveloped, and does not contain any housing. Thus, there will no
impact on the removal of existing housing or displacement of substantial numbers of people.
e
IS 37
CITY OF SAN BERNARDINO
DEVELOPMENT SERVICES
_- INITIAL STUDY
Less Than
Potentially Significant Less Than No
Significant With Signiticant Impact
Impact Mitigation Impact
Incorporation
XIII. PUBLIC SERVICES
a) Would the project result in substantial adverse 0 0 ~ 0
physical impacts associated with the provision
of new or physically altered governmental
facilities, need for new or physically altered
governmental facilities, the construction of
which could cause significant environmental
impacts, in order to maintain acceptable
service ratios, response times or other
performance objectives for any of the public
services:
Fire protection, including medical aid? 0 ~ 0 0
Police protection? 0 0 ~ 0
_ Schools? 0 0 ~ 0
Parks or other recreational facilities? 0 0 0 ~
Other governmental services? 0 0 ~ 0
b) Other: 0 0 0 0
Discussion:
X rII.a
New or altered governmental facilities: San Bernardino is a mature city with a 2000 Census
population of about 185,000, located in a county roughly ten times that size. As such, the City
and the County have developed a wide range of governmental facilities and services since their
beginnings in the 1800s. As stated in detail below, and in general terms, the addition of two
warehouses is not likely to have an impact on governmental facilities.
_
Fire and medical aid facilities: Fire prevention, fire protection, and emergency medical
assistance in the City of San Bernardino are provided by the San Bernardino Fire Department
(SBFD). Construction of the proposed project will generate additional need for fire protection
and emergency medical aid from the Verdemont Fire Station #12 located at 6065 N. Palm
Avenue. The proposed project will generate additional service demand on the Verdemont Fire
Station, impacting the ability of the Fire Department to meet the Emergency Service Delivery
Management and Planning Standards adopted by the Mayor and Common Council of the City of
San Bernardino, including a 5-minute response time to 90% of all service calls. This constitutes a
potentially significant adverse impact, due to the need for new or physically altered facilities
required to maintain acceptable service ratios, response times and other performance objectives
for fire protection service from the Verdemont Fire Station. This impact is potentially signific~t,
and must be mitigated, as follows:
IS 38
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CITY OF SAN BERNARDINO
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INITIAL STUDY
7. Prior to issuance of building pennits, the applicant shall participate on a fair-share basis
in funding the continued operation and maintenance of the Verdemont Fire Station. A one-time
fair-share contribution equivalent to the Community Facilities District No. 1033 "in-lieu fee"
established by Resolution No. 2004-107 of the Mayor and Common Council will mitigate the
long-tenn impact of the project on emergency services of the Fire Department. As an alternative,
an irrevocable agreement to annex the project site to Community Facilities District No. 1033
would satisfy this obligation.
Jobs created.by the proposed project are not expected to induce substantial growth, and any
growth would be dispersed throughout the City service areas. As such, any additional demand
on medical aid and hospital services resulting from this increase is likely to be less than
signi ficant.
Police protection facilities: Additional police protection is not required as the addition of the
proposed project will not change the pattern of uses within the surrounding area, and will not
result in a substantial increase in property to be patrolled since the project site is within an area
that is already developed with industrial uses.
Schools: The proposed project is an industrial use, and will be required to pay school fees as
prescribed by State law prior to the issuance of building pennits. No impacts are anticipated.
Parks and recreation facilities: The proposed project is a warehouse facility. However, no tenant
has been proposed, so the number of employees cannot be detennined. Typically, new uses such
as. and of the same size as the proposed use, could generate a maximum of about 197 jobs (based
on the discussion in the Project Description), including warehouse employees and drivers
working in shifts. The City of San Bernardino has been considered to be housing rich with
employees having to travel out of the area to work. Recently, warehouse and other industrial
uses have begun to be developed in the region such that local residents are now able to commute
shorter distances to work. The proposed project would likely draw from the local and nearby
employment base for most of its workers. Therefore, the project should not induce substantial
population growth that would increase the use of parks in the area or in the region, and there is
no impact related to this issue.
Other governmental services: As stated in above, the addition of two warehouses is not likely to
have an impact on governmental services in a mature city and county of this size.
IS 39
CITY OF SAN BERNARDINO
DEVELOPMENT SERVICES
_- INITIAL STUDY
Less Than
Potentially Significant Less Than No
Significant With Significant Impact
Impact Mitigation Impact
Incorporation
XIV. RECREATION
a) Would the project increase the use of existing 0 0 0 l8:J
neighborhood and regional parks or other
recreational facilities such that substantial
physical deterioration of the facility would
occur or be accelerated?
b) Does the project include recreational facilities 0 0 0 l8:J
or require the construction or expansion of
recreational facilities which might have an
adverse physical effect on the environment?
c) Other: 0 0 0 0
Discussion:
_ XIV.a The proposed project is a warehouse facility. However, no tenant has been proposed, so the
number of employees cannot be determined. Typically, new uses such as, and of the same size
as the proposed use, could generate a maximum of about 197 jobs (as discussed in the Project
Description), including warehouse employees and drivers. The City of San Bernardino has been
considered to be housing rich with employees having to travel out of the area to work. Recently,
warehouse and other industrial uses have begun to be developed in the region such that local
residents are now able to commute shorter distances to work. The proposed project would likely
draw from the local and nearby employment base for most of its workers. Therefore, the project
should not induce substantial population growth that would increase the use of parks in the area
or in the region, and there is no impact related to this issue.
XIV.b The proposed project does not include any recreational facilities or require the construction or
expansion of existing facilities. As stated in XIV.a, the project should not induce substantial
population growth such that increased use of recreational facilities would OCCUt. and there is no
impat:t related to this issue.
_
IS 40
CITY OF SAN BERNARDINO
DEVELOPMENT SERVICES
_- INITIAL STUDY
Less Than
Potentially Significant Less Than No
Significant With Significant Impact
Impact Mitigation Impact
Incorporation
XV. TRANSPORT A TIONrrRAFFIC - Would the
project:
a) Cause an increase in traffic which is substantial 0 rg] 0 0
in relation to the existing traffic load and
capacity of the street system (i.e., result in a
substantial increase in either the number of
vehicle trips. the volume to capacity ratio on
roads, or congestion at intersections)?
b) Exceed. either individually or cumulatively. a 0 rg] 0 0
level of service standard established by the
county congestion management agency for
designated roads or highways?
_ c) Result in a change in air traffic patterns, 0 0 0 rg]
including either an increase in traffic levels or a
change in location that results in substantial
safety risks?
d) Substantially increase hazards due to a design 0 0 0 rg]
feature (e.g., sharp curves or dangerous .
intersections) or incompatible uses (e.g., farm
equipment)?
e) Result in inadequate emergency access? 0 0 0 rg]
0 Result in inadequate parking capacity? 0 0 0 rg]
g) Conflict with adopted policies, plans, or 0 0 0 rg]
programs supporting alternative transportation
(e.g., bus turnouts, bicycle racks)?
h) Other: 0 0 0 0
Discussion:
aXV.ab The proposed project would result in construction of two warehouses. Based on the Institute of
,., Transportation Engineers Trip Generation Manual (7'h Edition, 2003) and the City of Fontana,
Truck Trip Generation Study, August 2003. The City concurs with the Revised Traffic Study for
"Vic-Vin" Warehouse, which identifies the total number of trips for the project is estimated to'be
IS 41
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CITY OF SAN BERNARDINO
DEVELOPMENT SERVICES
INITIAL STUDY
e
eXV.d
XV.c
1,197 trips per day in Passenger Car Equivalent's (PCE's) with 108 AM Trips and 113 PM Trips.
Although there is office space, it is ancillary to the warehousing operations and would be part of
that land use rather than a stand alone office building with different land use characteristics.
Based on preliminary information provided by City engineering, the surrounding streets,
Industrial Parkway, University Parkway on the south, and Palm Avenue on the north generally
operate at Level of Service (LOS) C or above during normal hours. The impact fee for the
estimated Traffic Systems Fee shall be 523,437.26 based on the 1,197 trips at 519.58/trip.
The project traffic report identifies the total new growth traffic (future minus existing) at each
study intersection and the percentage of new growth traffic that is associated with this project.
This percentage is the basis for the project's fair share contributions toward future improvements
. needed to mitigate future traffic impacts.
The project will be required to make fair share contributions towards Capital Improvement
Projects. The project will be conditioned to contribute $454,450.00 as a fair share contribution
toward future circulation improvements needed to mitigate future traffic impacts. Therefore, the
following mitigation measure will be imposed to reduce Transportation/Traffic impacts to a level
below significance:
8. Prior to issuance of a building permit, the project proponent shall submit payment to the
City Engineer for fair share contribution for the following improvements in the amounts as
indicated:
Improvement Percentage Fair Share
1. Palm Avenue at Northbound 1-215 Ramps: 3.4% of $500,000 $17,000.00
2. Palm Avenue at Southbound 1-215 Ramps: 4.4% of$350,000 515,400.00
3. Palm Avenue/Industrial Parkway Signal: 4.5% of$250,000 $11,250.00
4. Palm Avenue Widening (2 to 4 lanes) and 4.6% of $760,000 $34,960.00
Industrial Parkway to 1-215:
5. University Parkway at 1-215 Interchange: 3.0% of$9,000,000 $270,000.00
6. University Parkway/BSNF Grade Separation: 4.5% of$2,352,000 $105,840.00
Total $454,450.00
The proposed project site is located outside the Airport Influence Area as adopted by the San
Bernardino International Airport Authority, and outside the Federal Aviation Regulations Part 77
Imaginary Surfaces for the Rialto Airport, as shown on its Airport Land Use Plan published by
the County of San Bernardino. Thus, there will be no impact to air traffic patterns from the
proposed project.
The' project proposes two warehouse-industrial buildings on two lots that front onto Industrial
Parkway. Industrial Parkway was constructed to serve the surrounding industrial park, and th,ere
are no sharp curves. There are no intersections abutting the proposed project site. A line of sight
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analysis was conducted at the project driveways to ensure that adequate comer and stopping
sight distance is provided. The line of sight was analyzed for both passenger cars and large
trucks using the sight distance criteria and methodology provided by the City. A sight distance
triangle was established to ensure visibility at the driveways. The buildings are outside of the
sight distance triangle and the landscaping within the triangle accommodates the line of sight.
The project is designed to accommodate truck traffic on internal driveways. Therefore, there
will be no impacts related to increased hazards resulting from a design feature.
XV.e Emergency access to the proposed project site will be by way of three driveways from Industrial
Parkway. The proposed design provides for driveways around the side and rear walls of the two
proposed buildings. These driveways will be at least 26 feet wide to accommodate emergency
vehicles. Fire access gates will be provided so that fire vehicles will have access around all sides
of the buildings. The fronts of the buildings are proximate to Industrial Parkway, which allows
street access. The design, construction, and maintenance of driveways, gates, and facilities will
be subject to ordinary requirements of City and emergency service providers.
XV.f
For parking purposes, the proposed project consists of one warehouse building (A) with 49,616
square feet, and a second such building (B) with 138,078 square feet. Plans show that 3,000
square feet in the smaller Building A will be office area, with the remaining 46,616 square feet
devoted to warehouse use. For the larger Building B, the corresponding numbers are 6,500
square feet of office space and 131,578 square feet devoted to warehouse use. The number of
parking spaces required under Section 19.24.040 of the Development Code is identified in the
following table as well as the number of spaces to be provided. The table shows that the
proposed project provides more parking than required. Therefore, the proposed project will not
result in inadequate parking capacity, and there is no impact.
I Office Required Whse Required Total Total
I SF Parking SF Parking Required Provided
Building A 3,000 12 46,616 47 59 74
Building B 6,500 26 131,578 106 132 154
XV.g Road and transportation infrastructure has already been constructed in the VICInIty to
accommodate the development of the industrial park in which the proposed project site is
located. The proposed project will comply with all City development policies and standards
supporting alternative modes of transportation. Thus, there will be no impact related to this
Issue.
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Discussion:
XVLa The proposed project is designed to be connected to existing water and sewer systems. During
construction, waste discharges will potentially include discharges of stormwater and sediment.
However, a construction project resulting in the disturbance of 1.0 acre or more requires an
NPDES permit, and preparation of a Storm Water Pollution Prevention Plan (SWPPP) is
required of the project proponent. Adherence to measures included in the SWPPP will reduce
potential water quality impacts to a less than significant level. Prior to the issuance of building
permits, the project applicant will also be required to satisfy City requirements related to the
payment of fees and/or the provision of adequate wastewater facilities. All facilities will be
designed, installed, and maintained to meet City standards to ensure wastewater-related water
quality standards are not exceeded. A Water Quality Management Plan (WQMP) will also be
prepared. an'd during the operation of the proposed warehouse-industrial buildings, the operator
is required to adhere to these WQMP and City requirements. Therefore, adherence to applicable
provisions of these programs and RWQCB requirements will reduce impacts associated with
wastewater treatment requirements to less than significant.
XVI.b
The proposed project will receive water and wastewater services provided by the City of San
Bernardino Municipal Water Department (SBMWD). The SBMWD provides water from wells
which can be supplemented with filtered and treated stream water. The SBMWD accepts
wastewater and treats it at the City's Water Reclamation Facility (WRP). The WRP has a design
capacity of 33 million gallons per day (MGD). Current inflow to the WRP is approximately 26-
28 MGD, resulting in a surplus capacity of approximately 5-7 MGD. Water and wastewater
lines. including fire hydrants exist within the street right-of-way adjacent to the proposed project
site. The developer of the proposed project will be required to satisfy SBMWD requirements
related to the payment of fees and/or the provision of adequate water/wastewater facilities, and
all improvements are required to designed, installed. and maintained to meet SBMWD standards.
Therefore, any impacts related to this issue will be less than significant.
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XVLc The proposed design of the project calls for draining on-site stormwater run-off into the Devil
Creek Channel by way of an on-site filter and a 30-inch pipe. The channel is lined, and drainage
from the proposed project will not substantially alter its capacity. Nor is the proposed drainage
likely to necessitate altering the channel except at the proposed pipe outflow point. The channel
is owned by the San Bernardino County Flood Control District (SBCFCD), and maintained by
the United States Army Corps of Engineers (US ACE). An encroachment permit from the
SBCFCD will be required, with review by the US ACE. . Adherence to design and permit
requirements of the SBCFCD and the USACE will reduce impacts associated with this issue to
less than significant.
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XVLd The SBWMD is able to provide water to the proposed project using existing capacities and
supplies. For purposes of Section 10910-10912 of the California Water Code, the proposed
project is not large enough to be defined as a project per Section 10912(a), and further
investigation and a water supply assessment is not required. However, as part of the
development process, the developer of the proposed project is required to satisfy City
requirements related to payment of fees and/or the provision of adequate water facilities, and 'for
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the design, installation, and maintenance of facilities to meet water supply standards. Adherence
to these requirements will reduce potential impacts associated with this issue to a less than
significant level.
XVLe The proposed project will receive wastewater services provided by the City of San Bernardino
Municipal Water Department (SBMWD). The SBMWD accepts wastewater and treats it at the
City's Water Reclamation Facility (WRP), which has'a design capacity of 33 million gallons per
day (MGD). Current inflow to the WRP is approximately 26-28 MGD, resulting in a surplus
capacity of approximately 5-7 MGD. Wastewater lines exist within the street right-of-way
adjacent to the proposed project site. The developer of the proposed project will be required to
satisfy SBMWD requirements related to the payment of fees and/or the provision of adequate
wastewater facilities, and all improvements are required to designed, installed, and maintained to
meet SBMWD standards. Therefore, any impacts related to this issue will be less than
significant.
XVI.f and g The proposed industrial warehouse and office project is likely to generate solid waste that
consists of packing materials and related waste ordinarily generated by a warehouse, as well as
solid waste associated with office uses. These wastes would be disposed of at one of three
regional landfills in the general vicinity operated by the County of San Bernardino. The landfills
are located in Redlands, Colton, and Rialto, with the Mid-Valley Landfill in Rialto being the
closest. The Mid-Valley Landfill has been expanded to accommodate growth for an additional
35 years. In the normal course of operation, the proposed project will be required to comply
with existing regulations pertaining to solid waste, including any required recycling programs.
Thus, the proposed project will have a less than significant impact related to this issue.
XVl.h All necessary utilities (water, sewer, electricity, and telephone) are present within the adjacent
Industrial Parkway right-of-way, and the proposed project will not result in a disjointed pattern
of utility extensions. Per the General Plan, the utility providers have indicated an ability to
provide service to new developments. Thus, the proposed project will have no impact.
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CITY OF SAN BERNARDINO
DEVELOPMENT SERVICES
_- INITIAL STUDY
Potentially Less Than Less Than No
Significant Significant Significant Impact
Impact With Impact
Mitigation
Incorporation
XVII. MANDATORY FINDINGS OF
SIGNIFICANCE
a) Does the project have the potential to degrade 0 0 0 ~
the quality of the environment. substantially
reduce the habitat of a fish or wildlife species,
cause a fish or wildlife population to drop
below self-sustaining levels, threaten to
eliminate a plant or animal community,
reduce the number or restrict the range of a
rare or endangered plant or animal or
eliminate important examples of major
periods of California history or prehistory?
_ b) Does the project have impacts that are 0 ~ 0 0
individually limited, but cumulatively
considerable~ ("Cumulatively considerable"
means that the incremental effects of a project
are considerable when viewed in connection
with the effects of past projects, the effects of
other current projects, and the effects of
probable future projects.)
c) Does the project have environmental effects 0 ~ 0 0
which will cause substantial adverse effects
on human beings, either directly or indirectly?
Discussion:
XVIJ.a The proposed project site is surrounded by developed industrial park uses. The site is outside the
Biological Resources Management Overlay, and De Minimis Impact Findings have already been
made for this and an immediately adjacent site that there was no evidence that there would be the
potential for adverse effects on sensitive wildlife or viable sensitive wildlife habitat. The site
does not contain structures or culturally significant features that would be eliminated by
development of the proposed project.
XVll.b-c While the proposed project may have short term air quality impacts during construction, the
_ project is primarily an infill warehouse project located in an established industrial park area with
., full public improvements. Thus, there would be no long term significant impacts that would not
be mitigated.
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INITIAL STUDY
REFERENCES. The following references cited in the Initial Study are on file in the Development
Services Department.
City of San Bernardino General Plan
City of San Bernardino General Plan Land Use Plan/Zoning Districts Map
City of San Bernardino Development Code (Title 19 of the San Bernardino Municipal Code)
City of San Bernardino Historic Resources Reconnaissance Survey
5. Alquist-Priolo Earthquake Fault Zones Map
6. South Coast Air Quality Management District, CEQA Air Quality Handbook
7. Federal Emergency Management Agency, Flood Insurance Rate Maps
8. Public Works Standard Requirements - Water
9. Pl!blic Works Standard Requirements - Grading
10. Rialto Municipal Airport Final Comprehensive Land Use Plan
11. Draft Hydrology Study for Industrial Parkway and Tentative Parcel Map No. 17052, April 4, 2005
12. Vic- Vin Enterprises, LLC Traffic Impact Analysis (revised) by Kunzman Associates,
October 19, 2005
1.
2.
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MITIGATION MEASURES.
Air Ouality
1. The site shall be treated with water a minimum of twice per day to reduce PMIO emissions.
2. Driveways into the site shall be wet swept as needed to reduce PMIO emissions associated
with vehicle tracking of soil off-site.
3. Grading operations shall be suspended when wind speeds exceed gusts of 25 mph to
minimize PMIO emissions.
4. On-site construction traffic speed shall be limited to 15 mph on unpaved surfaces.
Hvdrologv and Water Oualitv
e
5. Prior to issuance of grading permits, the applicant shall prepare a Stormwater Pollution
Prevention Plan (SWPPP) and obtain a Notice of Intent (N0l) to comply with obtaining
coverage under the National Pollutant Discharge Elimination System (NPDES) General
Construction Storm water Permit from the State Water Resources Control Board. Evidence
that this has been obtained (i.e. a copy of the Waste Discharger's Identification Number)
shall be submitted to the City for coverage under the NPDES General Construction Permit.
6. Prior to issuance of building permits, the applicant shall submit to the City Engineer for
approval, a Water Quality Management Plan (WQMP), including a project description and
identifying best Management Practices (BMPs) that will be used on-site to reduce
pollutants into the storm drain system to the maximum extent practicable.
Public Services
7. Participate, as required, in payment ofVerdemont Fire District Community Facilities
District No. 1033 fees as either an annual tax or a one-time In-Lieu fee of $44,358.47 per
acre for an Industrial Zone or as identified in City Ordinance No. MC-1184.
T raffi cfT ransoortation
8. Prior to issuance of a building permit, the project proponent shall submit payment to the
City Engineer for fair share contribution for the following improvements in the amounts as
indicated:
e
Improvement Percentage Fair Share
a. Palm Avenue at Northbound 1-215 Ramos: 3.4% of $500,000 $17,000.00
lb. Palm Avenue at Southbound 1-215 Ramos: 4.4% of$350,000 $15,400.00
c. Palm Avenue/Industrial Parkway Signal: 4.5% of$250,000 $11,250.00
d. Paltn Avenue Widening (2 to 4 lanes) and 4.6% of$760,000 $34,960.00
Industrial Parkway to 1-215:
e. University Parkway at 1-215 Interchange: 3.0% of $9,000,000 $270,000.00
f. University Parkway/BSNF Grade Seoaration: 4.5% of$2,352,000 $105,840.00
. Total $454,450.00
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ATTACHMENT F
TENTATIVE PARCEL MAP NO. 17052 &
DEVELOPMENT PERMIT II NO. 04-54
MITIGATION MONITORING/REPORTING PLAN
This Mitigation Monitoring and Reporting Program has been prepared to implement the
mitigation measures outlined in the Initial Study for the Development Permit II No. 304-54. This
program has been prepared in compliance with the California Environmental Quality Act
(CEQA) and the State and City of San Bernardino CEQA Guidelines.
CEQA Section 21081.6 requires adoption of a monitoring and/or reporting program for those
measures or conditions imposed on a project to mitigate or avoid adverse effects on the
environment. The law states that the monitoring or reporting program shall be designed to ensure
compliance during project implementation.
The Mitigation Monitoring and Reporting Plan contain the following elements:
I.
The mitigation measures are recorded with the action and procedure necessary to
ensure compliance. The program lists the mitigation measures contained within
the Initial Study.
A procedure for compliance and verification has been outlined for each
mandatory mitigation action. This procedure designates who will take action,
what action will be taken and when, and to whom and when compliance will be
reported.
The program contains a separate Mitigation Monitoring and Compliance Record
for each action. On each of these record sheets, the pertinent actions and dates
will be logged, and copies of permits, correspondence or other data relevant will
be retained by the City of San Bernardino.
The program is designed to be flexible. As monitoring progresses, changes to
compliance procedures may be necessary based upon recommendations by those
responsible for the program. If changes are made. new monitoring compliance
procedures and records will be developed and incorporated into the program.
2.
3.
4.
The individual measures and accompanying monitoring/reporting actions follow. They are
numbered in the same sequence as presented in the Initial Study.
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Mitigation Monitoring and Reponing Plan
TPM No. 17052 & DPII No. 04-54
Page 2
MITIGATION MEASURES
III. AIR QUALITY
The site shall be treated with water a mInImum of twice per day to reduce PMIO
emissions.
IMPLEMENTATION AND VERIFICATION
Public Works/Field Engineering staff shall review this development project
COMPLIANCE RECORD
When Required: The verification shall be completed throughout construction.
WRITTEN VERIFICATION PREPARED BY:
DATE PREPARED:
Driveways into the site shall be wet swept as needed to reduce PM 10 emissions associated
with vehicle tracking of soil off-site.
IMPLEMENTATION AND VERIFICATION
Public Works/Field Engineering staff shall review this development project.
COMPLIANCE RECORD
When Required: The verification shall be completed throughout construction.
WRITTEN VERIFICATION PREPARED BY:
DATE PREPARED:
Grading operations shall be suspended when wind speeds exceed gusts of25.mph to
nlinimize PM 10 emissions.
IMPLEMENTATION AND VERIFICATION
Public Works/Field Engineering staff shall review this development project.
COMPLIANCE RECORD
e When Required: The verification shall be completed throughout the construction.
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Mitigation Monitoring and Reponing Plan
TPM No. 17052 & DPlI No. 04-54
Page 3
WRITTEN VERIFICATION PREPARED BY:
DATE PREPARED:
On-site construction traffic speed shall be limited to 15 mph on unpaved surfaces.
IMPLEMENTATION AND VERIFICATION
Public Works/Field Engineering staff shall review this development project.
COMPLIANCE RECORD
When Required: The verification shall be completed throughout construction.
WRITTEN VERIFICATION PREPARED BY:
DATE PREPARED:
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Mitigation Monitoring and Reponing Plan
TPM No. 17052 & DPlI No. 04-54
Page 4
VIII. HYDROLOGY AND WATER QUALITY
Prior to issuance of grading permits, the applicant shall prepare a Stormwater Pollution
Prevention Plan (SWPPP) and obtain a Notice of Intent (NO!) to comply with obtaining
coverage under the National Pollutant Discharge Elimination System (NPDES) General
Construclion Stoml water Permit from the State Water Resources Control Board.
Evidence that this has been obtained (i.e. a copy of the Waste Discharger's Identification
Number) shall be submitted to the City for coverage under the NPDES General
Construction Permit.
IMPLEMENTATION AND VERIFICATION
Public WorkslNPDES staff shall review this development project.
COMPLIANCE RECORD
When Required: The verification shall be completed prior to issuance of grading permit.
\VRITTEN VERIFICATION PREPARED BY:
DATE PREPARED:
Prior to issuance of building permits, the applicant shall submit to the City Engineer for
approval, a Water Quality Management Plan (WQMP), including a project description
and identifying best Management Practices (BMPs) that will be used on-site to reduce
pollutants into the storm drain system to the maximum extent practicable.
IMPLEMENTATION AND VERIFICATION
Public WorkslNPDES staff shall review this development project.
COMPLIANCE RECORD
When Required: The veritication shall be completed prior to issuance of building permits.
WRITTEN VERIFICATION PREPARED BY:
DA TE PREPARED:
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Mitigation Monitoring and Reponing Plan
TPM No. 17052 & DPII No. 04-54
Page 5
XIII. PUBLIC SERVICES
Prior to issuance of building permits, the applicant shall participate on a fair-share basis
in funding the continued operation and maintenance of the Verdemont Fire Station. A
one-time fair-share contribution equivalent to the Community Facilities District No. 1033
"in-lieu fee" established by Resolution No. 2004-107 of the Mayor and Common Council
will mitigate the long-term impact of the project on emergency services of the Fire
Department. As an altemative. an irrevocable agreement to annex the project site to
Cummunity Facilities District No. 1033 would satisfy this obligation.
IMPLEMENTATION AND VERIFlCATIO~
Planning & Public Works staff shall review this development project.
COMPLIANCE RECORD
When Required: The verification shall be completed prior to issuance of building permits.
WRITTEN VERIFICATION PREPARED BY:
DATE PREPARED:
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xv . TRANSPORTATION/TRAFFIC
Mitigation Monitoring and Reponing Plan
TPM No. 17052 & DPII No. 04-54
Page 6
Prior to issuance of a building permit, the project proponent shall submit payment to the
City Engineer for fair share contribution for the following improvements in the amounts
as indicated:
A Palm A venue al Nonhbound 1.215 Ramps
R Palm A "<lllIe at Southbound 1-215 Ramps
C Palm A venue/Industrial Parkway Signal
D Palm A venue Widening and Industrial Parkway to 1-215
E University Parkway at 1-215 Interchange
F Traffic Syslems Fee based on 1.197 trips
L\IPLEME:'iTATlON AND VERIFICATION
TOTAL
517.000.00
S 15.400.00
511,250.00
534,960.00
5164,157.00
524,418.80
$265,185.80
Public Works & Building & Safety staff shall review this development project.
COMPLIANCE RECORD
When Required: The verification shall be completed prior to issuance of building permits.
WRITTEN VERIFICATION PREPARED BY:
DATE PREPARED:
Oct 05 06 03:09p
City of San Bdno Dav Svcs
9093845988
EXHIBIT 3
CITY OF SAN BERNARDINO
Development Services Department. Planning Division
300 North "0" Street, 3'" Floor
San Bernardino, CA 92418
Phone (909) 384-5057 . Fax (909) 384-5080
Web address: v,'ww.sbciry.org
APPLICATION FOR APPEAL
APPEAL FROM A DECISION OF THE (check one)
o Dc:velopment Services Director
o DevelopmentlEnviromnental Review Committee
iI Planning Commission
Tentative parcel map no. 17052 and development permit II no. 04-54
Case number(s):
Ol.. -
l~
Project address: South side of Industrial Parkway between Cable Creek and Devil Creek
Contact person's name:
C ' addr 7700 Irvine Center Drive,' Suite
ontacl person s ess:
Contliet person's phone: (949) 727-0977
Contact person's e-mail address:rossbarry@aol.com
710, Irvine, CA 92618
Pursuant to Section 19.52.100 of the Development Code, an appeal must be filed on a City application form
within 15 days following the fina] date of action, accompanied by the appropriate appeal filing fee.
Appeals are normally scheduled for a determination by the Planning Commission or Mayor and Common
Council within 30 days of the filing date of the appeal. You will be notified, in writing, of the specific date and
time of the appeal hearing.
OFFICE USE ONLY
.~~~~~(;...
.
, ,"
1
\1104
Oct 05 06 03:09p
City of San Bdno Dev SVc&
9093845988
p.3
.QUlRED INFORMATION FOR A..~ APPEAL
-r.'ecific action being appealed and the dale ofthat action: Planning Couunission meeting of
October 3. 2006 imposing as a condition of approval the fire impact fee of $457.000.
Specific grounds for the appeal: All p;rounds stated in the letter dated October 3. 2006 with
attachments from Barry A. Ross to the Planning Commission and such additional grounds
as may be presented to the City Council.
Action sought: Elimination of the condition of approval imposing the Fire Impact Fee of
$457.000.
e
Additional information:
_ture of appellant:
Date: October 10. 2006
for Vic-Vin Enterprises. LLC
2
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BARRY A. Ross
.A,Tl'OnNST AT
L .~ VI'
770n Ilt.Vtlf8 Cl&NTICR. DUV&
aUIU 710
iRVINI. QALlFOIUflA 926l$-Z9:29
949-727-0977
r~ 949'127-9927
rOlS.b.:ltry@aol.com
October 3,2006
HAND DEUVERY
Honorable Members ofthc Planning Commission for the
City of San Bernardino
300 N. "D" Street
San Bernardino, CA 92418
Re: Vic-Vin Industrial Development Project
10.3 Acre Parcel
Dear Planning Commission Members:
I represent Vie- Vin EntcIprises, LLC, ("Vic- Vin") in connection with its application for a
tentative parcel map and development permit to construct two warehouse/industrial buildings on
a I 0.3 acre part:ellocatcd south of Industrial Parkway between Palm Avenue and University
Avenue in the City of San Bernardino.
I am pleased that your staffis recommending approval of this project. I note that your staff is
recommending certain conditions for this project. The conditions are all acceptable to Vic- Vin
except for one, namely tht: "in lieu fee" of $457,000. This "in lieu fee" is objectionable for
several reasons: .
1. The Commllllity Facilities District.
The "in lieu fee" is based'upon what property owners lire required to pay to the City who are
within the City's Commwrity Facilities District ("Disrrict") for a new fire station. The Vic-Vin
project is not located within the District. Therefore, there is no basis for Vic-Vin to pay the fees
that have been imposed on property owners within th.e District. Fluther, the properties within the
District are required to pay for the cost of construction and maintenance of the fire station. Since
the fire station is already constructed, any property owner outside the District should not be
required to pay for the cost of consttilction of the fire station. Any such property owner should
only be required to pay for !he cost. of maintenance of the fire station. The City is seeking to
force Vie- Vin to pay for the cost of construction as well as maintenance, even !hough Vic- Vin
does not own any property within the District. The City has presented no evidence that the fee
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Honorable Members of the Planning Commission for the
City of San Bernardino .
October 3, 2006
Page 2
imposed on property owners within the District is appropriate to property owners outside the
District.
. 2. Property Taxes Me Designed To Cover Police And Fire Expenses_
When a property owner pays property taxes to a City, the property taxes are designed to pay for
police and fire services. It is inappropriate for a City to charge a property owner an additional fee
for the privilege oflocatiDg its b~iness or building within a specified distance of any particular
fire station or police station. This additional fee is an inappro priate charge.
It bears emphasis that Vic- Vin has already paid or will pay for fire department review, fire
department plan cheCk, fair share improvement, fire service, fire service laterals, fire sprinkler,
flre alarm, fire hydIant, environmental health services, street improvement and mitigation
monitoring. Vie-Vin is not complaining about any ofthese fees and costs.
3.
Mitigation Fee Act.
. The Mitigation Fcc Act codified in Gov. Code ~66000 requires that there be a "reasonable
relationship" between the need for the public facility and the type of development project for
which the fee is imposed. In addition, there must be a "reasonable relationship" between the
amount of the fee and the cost of the portion of the public facility attributabLe to the project upon
which the fee is imposed. There has been no evidence presented of any compliance by the City
with these requirements.
4. The NoIlan-Dolan Test Established By The United States Supreme Court Has Not
Been Satisfied.
Under the Noilan-Dolan test, there must be a "reasonable relationship" between tbe monetary
exaction and the publicimpact development, there must.be an "essential nexus" or relationship
between the permit co:iufition and the public impact of the .proposed development and there must
be "rough proportionality" between the magnitude of the physical exaction and the effects of the
proposed development. None of these requirements have been satisfied by the City in this case.
5. Failure To Comply With A.B. 2751.
On August 28, 2006, Governor Schwarzenenegger signed into law on Assembly Bil12 751. This
law restlicts the ability of the City to impose the "in lieu fee" on Vic-Vin.
_-
Honorable Members of the plllnnil1g COlllII1ission for the
City of San Bernardino
October 3, 2006
Page 3
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_
6. Communications With The City Attorney Have Been Unproductive.
I havc attempted to communicate the specific concerns of Vic- Vin to the City Attorney in several
letters. In response to my letters, the City Attorney responds with vague generalities, but with no
evidence justifying the "in lieu feen of$457,000. I 8Il1 enclosing copies of my letters to the City
Attorney dated August 1,2006, August 7,2006, September 1,2006 and September 19,2006. I
am also enclosing a copy of my predecessor's letter to the City Attorney dated June IS, 2006. I
am also enclosing letters from Mx:. Empefio of the City Attorney's office dated August 1, 2006
and August 24, 2006, as well as the most recent letter dated September 28, 2006 from Mary Ann
Milligan of the City Attomey's.office. 1 request that all of these letters be included as part of the
administrative record for this hearin&- A careful review of these letters will show that the City
Attorney's office has not responded to the substance of my letters. The letters from the City
Attomey~ s office can best be described as political opinions rather than legal opinions. The City
would be well served by retaining independent counsel to review this matter and/or retainirlg an
independent financial consultant to determine the proper amount for an "in lieu fee" in this
circumstance.
7. Conclusion.
Based on the foregoing; I requeSt thar the Planning Commission approve the tentative parcel map .
and the development permit, subject to the conditions recommended by staff, with the exception
of the "'in lieu fee" of$457,000. Alternatively, if the Planning C<:>mmission believes that the "in
lieu fee" of $457,000 is appropriate,'the Planning Commission should adopt staff
recommendation, s() that Vic- Vin may appeal the "in lieu fee" of $457,000 to the City Council.
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Thank you for your consideration.
v cry truly yours,
~ Ir'~
BARRY A. ROSS
BAR:es
Enclosures
cc:
Kenneth Fields, Esq.
Victor Di Pietro
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OFFICE OF THE. CITY ATTORNEY
CITY OF SAN BERNARDINO
. September 28, 2006
.JAMES F. PE.NMAN
C'1T'r' A TTORIVIri"
VIA FApIMIT-' AND U.s. :I\lAlL
Mr. Bany A Ross
Attorney at J,.p.w
7700 Irvine Cemer Drive, Suite 710
lrvine, CA 512618-29251
R.e: Vic-Vm l,,04l1strial Development Project
10.3 Acre Parcel
DearMr. Ross:
Thank you for your letter dated Sc:pteIimer ] 51, 2006 fof'lJlllldiDs AD 275L HoWllWl", the City's
poIIition on the proposed uUtiption fee doca not ehaoge af\a- nM&nri ot1his BUl. In fiIct, tlIe Bm
supports the City's position in that it states in relevant part that "A fie. BbaIl DOt iDClude the costs
attnoutable to existing deficiilllcies in public facilities, but 11IllJ inclrIde the cOBtS almlndable to
the increased demandjor publkjQcilities reasonab~ re~ 1D the dew1tJp1RBnt pro,;.ct I" an/o
to. . . (2) achieve an adopted level qf .rvice thDI is consis',ent with the genBTal plDn. ft (See Gov't
Code ~l(g)) (Emphasis addec1..)
Furthermore, after reading your letter dated September I, 2006, it appeIrS that there may be
S()Jl1e confusion regarding the proposed mitigation fee. The fee in queation is J!!2l an impact fee
or exaction. The fee is imposed as a mitigation measure under CEQA hecause the development
ill questicm woulcl geuntcI eeM" demands that wm:: not pn:acm piorlO tlIe development. The
City is cw:rently Sllbsidizing the service demands in the VerdemoDt Areund as new
deVelopmern is approved, those dl:velopments are reqUIred 10 mitipte tbe iocrease in semce
demands by paying a fee that wu calculated to compenJate tbe City fDrtbe development's "fair
share" for those services. Your client may opt to join the COImmuIiIy Facilities Distrlct an4i pay
for their fair share offire servicea on an annual basis or lIS setfotth in the Mitigated Negative
. Declaration, pay the one-time contribution equivall2lt to the C....nnnnity F8!illities Di5Uict "in-
)i~&eD. . .
A1. explained in previous correspondence, the area for the proposed development is in an area
that is Clldrelllely fire prone and therefore tho requirement that a deYeIoper abare in the eost tbr
fire protection is both reasonable and necessary as' that development incrwes tbe need for Neb
semces.
300 NORTH 'C. STREET. SAN BERNARDINO, CA 9241a.oOOl . (909) 384-5365. FAX (909) 3S4-S238
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R.e: VIC Vin Industrial DevelDpment Project
. Septenlber 28, 2006
Ai you know, tbis proposed c1ewlopmellt Iw been as=diz.ed fix' b pl"nn~Commissloll
meeting of October 3, 2006. If you would like to discuss this mattllr or bavc IrfJ IAditiDDal
questions before 1hat date, please feel free to contIGt me at the numba' below.
Sincerely,
JAMES F. PENMAN. City Attorney
~~~~~~
MarWme MilliS- /
Deputy City Anomey
p:\MlLLloAN\Plomias\Vio. Viaa1lo&poas< 94U6.doo
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1700 ill\'tHl (jINTU DatV"
9U1T.' 710
Il\Y1HI'1 OALll0,"1f1"\ 92618-2929
~eptember 19, 2006
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BARRY A. Ross
A "r ,1 0 R W ~ Y #- T
L .\ W
949-127-0977
rAX 9~9'727'9927
TOSS barry@30}.GOm
Via Facsimile 909-384-5238 and U.S. Mail
Henry Empeiio, Jr., Sr. Deputy City Attorney
. City of San Bernardino
300 N. "D" Street
San BerIlIlrdino, CA 92418
Re: Vie-ViTI industrial Development Project
10.3 Acre Parcel
Dear Mr. Empefio:
Since you have not returned my telephone cali of last week, I am sending you this letter. I would
appreciate a response to my letter dated September 1, 2006. There has been no response for
almost three weeks! .
On August 28, 2006, Governor Schwarzenegger signed into law Assembly Bill 275 I which .
restricts the abilitY of the City of San Bernardino to impose the proposed "in. lieu fee" on Vic- Vin
Enterprises, !nc. I am enclosing a copy of an analysis of AB275 1. I would appreciate your
. thoughts on AB275 1. .
Why is it taking so long for Vie- Vin Enterprises, Inc. project to be scheduled fol' consideration by
the Planning Commission?
Very t1uly yours,
&MfA~
BARRY A. ROSS
BAR:es
Enclosure
cc: Kenneth Fields, Esq.
Victor Di Pietro
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FYI - A Closer Look: Assembly Bill 2751
On August 28th oftllis year, Governor Schwa...zenc:gger signediDto law Assembly Bill
2751 authored by Assembly Member Mark Wyland (R-Vistll)- Assembly Bill 2751 was a
CBIA-sponsored bill introduced to further clar1.fy that cities and caunties may not .
charge fees against new development" in order to cure existing deficiencies in public
facilities. To this end, Assembly Bill 2751 codifies the CaJifomia.Appellate cOU11:
holdings in Bixel Associates v. Ciry of Los Angeles (1989) 216 Col.App 3d 1208; Rohn v.
City of Vis alia (1989) 214 Cal. App. 4th 214; andShapell Industries, Inc. v. Governing
Board (1991) 1 Cal. App. 4th 218. holding that builders should DOt be required to
shoulder the entire burden of financing public facilitieS fur all fulure or existing users.
Those holdings and newly added Govemment Code section 66001 (g) 'noyi make it clear
that while new development may necessitate the need for new 1icilities ao.d the need to
refJl'blsh older facilities, new development need only pay its pmportionate share of the
costs for those facilities. Furthermore, amendments taken in the Senate limit the ability of
local' governments to charge fees <!-gainst new development to adlieve level of service
(LOS) standards to those situations where the service levels ha1c beel;1 adopted and are
consistent with the general plan. The'intent here is to stem the practice in sor;ne
jurisdictions of basing updated fees all ad hoc LOS standards. To most, the principles.
embodied in Assembly Bill 2751 seem. fair and equitable. Some local government
officials though -- particularly those charged with establishing file "nexus" studies --
believed previously that the law gave them a blank: check to rlP.m~nn that builders .finance
both new facilities and cure all deficiencies in existing facilities. Assembly Bill 2751 says
in a straight for:ward way that such actions will not be tolerated. Assembly Bill 2751 can
. .
be fCllmd at Chapter 194, Statutes of2006.
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BAl\.il}" A. Ross'
... T T O'J. KEY A. T
LA lI'
HOG UlVINZ Q.INTU. DUJ""S
SUITS '110
tI\VlJlS,' CA.l.J,aUIJ. 92!ilS-:!929
949-1:21-0971
tA3C 949-72,'99:11
rOB. bAt'ry@aoJ.C!om
September.l,2006
Via Facsimile 909-384-5238 and U.S. Mail
Henry Empefio, Jr., Sr. Deputy City Attorney
City of San Bernardino
300 1'l. "D" Street.
San Bernardino, CA 924] 8
Re: Vic- Vin Industrial Development Project
10J Acre Parcel
Dear Mr. Empe.fto:
I e~oyed' meeting you OIl August 24,2006. I am glad we had an opportunity to get acquaiJ"lted
with each other.
I am in receipt of your letter dated August 24,2006. I believe that your letter, as well as your
previous letter dated August I, 2006 to Mr. Johu M. Bowman, miss tl).e target oftbis dispute L'l
that neither of your letters respond to the i~sue of the appropriateness and reasonableness orthe.
proposed "in lieu fee" of $457,000.
1. THE COMMUNITY FACILITIES DISTRlCT
The City's Community Facilities District was created tmder the MeIlo- Roos Coml11lmity
Facilities Act of 1982 codified in GOY. Code ~ 53311 at seq. According to this Act, a public
agency is entitled to impose a special tax on property owners wi thin lhe district iIl order to pay
for the co'st of a public facility. The Act defines "cost" broadly to include "the expense of
constructing or ptl1'c~asing the p]lblic facility arid of related land, right ofwey easements,
including incidentaJ expenses and the; co~t of providing authorized services including incidental
expenses." Gov. Code ~ 53317(0). The special tax to be imposed to pay for the cost of the
facility is to be "sufficient. to Pay for all facilities' and services." Gov. Code ~ 5332l(d). The new
facility is to be funded by the special ta.x imposed on the affected property owners within the
district. Gov. Code 9 53325.l(a)(2). .
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He~ Empelio, Jr., Sr. Deputy Cio/ Attorney
City of San Bernardino . ,
September 1" 2006
Page 2
Accol'dingJo the City's records"tbe special tax created by the CommLlIlity Facilities District was
to provide fuiJ.ds for on-going "operation and maintenance" of the Verdemont Fire Station ("Fire
Siatioa"). The Fire Station is currently in existence. . . , .
My understanding is that the proposed "in lieu" fee of $457,000 that the City wishes to impose
on my client Vic-VinEnterprises, LLC (''Vic-Vin'') is not fOIthe construction of any new or
physically altered fire station,. but to maintain the current level of service of the Fire Station.
2. MITIGA nON FEE ACT
The Mitigation Fee Act is codified in Gov. Code 9 66000 et seq. This Act requires that the City
must determine that there is a "~nable relationship',' between the need for'the public facilit-j
and the type of development project fur which the fee is imposed. Gov. Code 9 66001 (a). In
addition, there must be ji "~reasonable relationship" between the amount of the ICe and the cost of
the POrtiOIl oftha public facjlity attributable to the project upon which the fee is imposed. Gov.'.
Code S 66005. The City has presented no evidence of compliance with t~e requirements of this
Act. .
3. NOLl,AN-DOLAN TEST
The Neilan-Dolan test is based.upon the United States Supreme Court deci~ions of Nollan v.
California Coostal Commission (1987) 483 U.S. 825,971. Ed. 2d 677, 107 S. Ct. 3141 and
Dolan v. City of Tigard (1994) 512 U.S. 374, 129 L. Ed. 2d 304, 114 S. C1:. 2309. Under Nollan-
Dolan, there mllst be a "reasonable relationship" between the monetary exaction and the public
impact development. Thcre mu.<rt be an "essei1tial nexus" or relationsbip between the permit
condition and the public iinpact of the proposed development and there must be "rough
proportionality'" between the magnitude of the physical exaction and the effects of the proposed
developmcnt.
The California Supreme Court followed Nollan-Dolan in Ehrlich v. Cil)' of Culver City (1996) ]2
Cal. 4~ 854, when: the Califo~a Supreme Courl extensively discussed the requirements of
Nollan-Dolan in explaining that the City of Culver City failed to satisfy its burden that the
purposed recreational facility fee it sought to impose on a real estate developer of $280,000 was
not justified. See Ehrlich at p. 881. Tne'court held that the City has the burden to make
"specific findings supported by financial evidence'.' to support lU1Y proposed recreational fee. See
.Ehrlich at p. 885. The City has presented no evidence of compiiance with the requirements of
No llan-Dola.'1.
Within the context of the authorities referenced ,herein, lets look at the current project. The Fire
Station. was constructed with a special tax on d.esigilated property owners \\ithm the Community
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Henry Empeno, Jr., Sr. Deputy City Attorney
City of San Be)"I\ardino .
September 1,2006
Page 3
Faciiities District. This special tax 'was designed to not only pay for construction, but also for
. operation and maintenance. Now the City wishes to impose the'same special tax on a property
owner (Yic-Vin) who is not within the Community Facilities Pistrictand did not have due
process notice and an opportunity to be helll'd 'l\-ith regard to the special'tax before. it was imposed
on the property owner, as'did the property oWJiers within the Community Facilities District. The
City is not contending that the project ofVic-Vin will require the Fire Station to be expanded or
altered to address the needs ofVic-Vin. Rather.. the City is contending that Vic.vin ought to pay
the on-going maintenance costs of this Fire Station. Vic-Vin contends that the on-going
maintenance costs oftb.is Fire Station should be paid for by the general public rather than by an
individual property OViller in the vicinity of the Fire Station."
It should be noted that the City 'will be imposiIIg upon Vic-Vin a variety affire suppression and
fire mitigation meas-..u'es relating to the construction of the proposed development.
During our meeting of AugLlst 24, 2006, you stated that there was an iss\1e concerning the San
Bernardino County Flood Control District ("District") that was an obstacle to the V.ic- Vin
Development, but you did not know the nature of the obstacle. Subsequent to olu'lllceting, I
investigated tbis issue. I clctemuned that the District sei,t the Chy a letter dated May 5, 2005
expressing its conditions for approval oftheVic-Vin project. The City staff sat on this letter for
.15 months and finally forwarded it to Vic-Vin in August of2006. This unjustified
procrastination by the City will cost Vic-Vin thousands of additional dollars because
approximately one-H,ird of the project now has to be redesigned. Nevertheless, Vie- V in is
complying with the requirements ofllie District.
On final substantive issue. The dty~has advised Vic-Vin that the City sta..ffwill not
consider Vic- Vin' s civil engineering plans (grading, sewer, water, dr~nagc, etc.) and will noi
issue preliminary conditions of approval. This sounds nonsensical. Please request City stafftq
consider Vic- Vin' s civil engineering plans and issue preliminary conditions of approval.
Based 011 the foregoing, I request that the City reconsider its position with regard to the "in lieu"
fee. In any eye nt, I request that the City staff place the Vie- Vin project on the Planning
Commission agenda for a decision as soon as possible. As I have previously mentioned, the
City's delay in processing the Vic-Vin project lw beel1lmreasonable and unjustifiable. I note in
passing, that Vie- Vin paid ,an additional development fee to the City in order for ~ City to
expedite the processing of this development. According to my records, the expedite fee was
$11,819.06. Accordingly, please let me- know when the Planning Commission hearing will be
scheduled.
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Henry Empefio, Jr., Sr. Deputy City AttorneY
City of San Bernardino
September 1,2006
Page ~
I would appreciate a written response within 15 dB.ys.
Very truly YOllIS,
~A'~~' .,
BARRY A. ROSS
BAR:es
cc; Kenneth Fields, Esq.
Victor Di Pietro
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OFFICE OF THE CITY ATTORNEY
CITY OF SAN BERNARDINO
August 24, 2006
VIA FAOlTMlT.F./'949n27-99271 AND U.S. MAIL
Barry A Ross
Attorney at Law
7700 Irvine Center Drive, Suite 710
IMne, CA 9261~-2929
&: V'rc-Jl'in bulustriaI Developlllellt Project
1 tu ACNl Puce!
. Dear Mr. Ross:
.JAMES F. PENMAN
CITY ArraRN~Y
I write in response to y~lUr letter dated August 7, 2006, which responded to my letter sent to Mr.
John M Bowman: ofJeffer Mangels Butler & Marmaro LLP dated August 1,2006.
. .
You misunderstand and mischaracterize the statements in my letter to !.fIr. Bowman. I did not
state that the Vie- Vm Project "is subject to the assessment imposed on properties within CFD
[Community Facilities District] No. 1033 betause the property of Vic-Vmis within a larger area
known as the VememoDt ar.ea-" I did acknowledge that the Vic-Vm property was not included
within the original formation of CFD No. 1033. This property never has. been and currently is mn
in CFD No. 1033.. The only properties that are included in CFD No. 1033 are those properties
where the property owner has requested to be included within this District.
As noted in my letteJ' and in the "Replacement language fur the Initial Study" which was attached
to my letter, a CEQA mitigation measure has been proposed by the Development Services
Department which requires Vie-Vin to participate on a fair-share basis in funding the CClnt1n1led
operation and maintenance of the new Verdemont Fire Station. Prior to issuance of building
pennits, Vie- Vm will be required to pay a one time fair-share contn'bution equivalent to the CFD
No. 1003 "in lieu fee" ($44,358.47 per acre) established by Council Resolution No. 20Q4...l07. in
order to mitigate the long-term impact of the project on emergency services of the Fire
Department. As an aJtemative to paYing this one-time CEQA mitigation fee. Vie- Vm may agree
to annex this project site to the CFD No. 1003. Submission ofan executed irrevocable agreement
prior to issuance ofbuilding petmits will satisiy this obligation.
.f:IEMl'ENOWiOoVlll~V...Vll1- ~101>Jiy-''''flOOdinato8-1.o61clta-.wpd
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Re: Vie- Vin Intlnd'ri.aJ. Development Project
Letter to Bariy A. Ross
August 24, 2006
For your information, the to1lowing table shows thE! proposed yearly asse~..'1,ts to CFD No.
1033 for COwwa,ial ami intft.ctnal properties per acre:
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PERIOD CALENDAR COMMERCIAIJ
NUMaEll YEAR INDUSTRIAL UTI:
WITH 1% INFLATOR
1 2004 $2,445.00
2 2005 52,493.90
3 2006 $2,543.78
4 2007 $2,594.65
5 . 2008 $2,646.55
6 2009 $2,699.48
7 2010 52,753.47
8 2011 $2,808.54
9 2012 $2,S64.71
10 2013 52,922.00
II 2014 $2,980.44
12 2015 53,040_05
13 2016 $3,100.85
14 2017 53,162.87
IS 2018 $3,226.13
.
16 2019 $3,290_65
17 2020 $3,356.46
18 2021 $3,423.59
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Re: Vic..v1Jl Industrial Development Project
Letter to ~any A ROss .
August 24, 2006
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19 2022 $3,492.06
20 2023 $3,561.90
21 2024 $3,633.14
22 2025 $3,705.80
23 2026 $3,779.92
24 2027 53,855.52
.
25 2028 53,932.63
26 2029 $4,011.28
27 2030 $4,091.51
28 2031 54,173.~4
29 2032 54,256.80
30 2033 $4,341.94
31 2034 54,428.78
32 2035 54,517.35
33 2036 54,607.70
34 2037 54,699.86
3S . 2038 $4,793.85
36 2039 54,889.73
37 2040 54,987.52
38 2041 $5,087.28
39 2042 $5,189.02
40 2043 $5,292.80
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Re: Vic-Vm Jntlnqtrial DevelopmmtProject
Letter to Barry A Ross
August 24, 2006
Please coJItact me should you have airy tbrtber questions regarding this matter.
. Ver;y troly yours,
~~.
HaIry Empeiio, Jr.
Sr. Deputy City Attorney
cc:
James F. pP.nmRn, City.Attorney
Valerie Ross, Director, Development Services
Terri Rahha1, Principal Planner, Development Services
Teri Baker, Assistant to the ~ Manager
F,\EMPFNOIV....Vm ~1\Vi...Vm .UUlsto AlIy-'"'P"'<lin& 10 8-7-46 ,.....wpd
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A, ,. l' 0 R. N B Y A T r.. it. \If
7700 JRvur. CI~TBI. Dam
BUITI 110
rJ.vUI11 CALJlOllW!A 926t8..2929
949-717.0917
7AX Slf9.721.pg27
ros:ibaT'ry@ao1.Clom
August 7, 2006
Henry Empeno, k, Deputy City Attorney
City of San Bernardino
300 N. "D" Street
San Bernardino, CA 92418 ,
Your letter states that even though the property of,Vic- Vin is not within the boundaries of CI'D
No. 1033, Vie-VIII is subject to the asseSSl'..lenr imposed on properties within CFD No. 1033
because the property of Vic-V in is ",'ithin a larger area known as the Verdemont area. I disagree
with your position. I do not believe that Vic- Vin is required to pay any of the fees imposed by
CFD NO.1 033 because the property of Vie- Vin is 'not within the geographical boundaries of Cl'D
, No.1 033. If the Cityv.ishcd to subject the property of Vie-V in fo the assessment created by a
community facilities district, the City should have created a community facilities district that was
large enough to elICompass the entire Verdemoni area. The fact that the City's fire department
wants the property of Vie-V in to be included within the boundaries ofCFD No. 1033 is of no
consequence. The fact is that the City Couneil did not include the property of Vic- Vin within the
boundaries ofCFD No. 1033. 1bereforc, thc property ofVic-Vin cannot be subject to the
assessment created by CFD No. 1033 because the property ofVic-Vin is not within the boundary
ofCFD No. 1033.
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You state that by proceeding with the annexation, option, the first year special tax for Vie~Vin
will be $2,445 per acre. Please advise as to what the special tax will be in subsequent years.
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Henry Empeno, Jr., Deputy City Attorney
August 7, 2006
Page 2
If you have any documents or any legal authority that might authorize the City to require Vic-Vin
to pay an assessrnentcreated by Community Facilities District No. 1033 when the property of
Vie- Vin is not within lhe boundaries of Co=unity Facilities District No.1 033, please provide
me with the documents or the authority.
I would appreciate a written response to this letter, as well as my previous letter dated August I,
2006 within ten days. For the record, I do not believe that you have completely responded to the
concerns addresse<i"inMr-Bciwman's letter of June 15,2006.
If you have any questions, please call me.
Very truly yours,
~A-~
B~ A. ROSS
BAR:cs
cc: James F. Pcmnan, Esq., City Attorney
Henry En~, Esq.; Deputy City Attorney.
Kenneth Fields, Esq.
Victor Di Pietru
Pam Steele .
Jim Fullmer
John L. Bailey, Esq.
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BARRY A. Ross
A,.T" 0 .. N.e: 'f .-\ T LAW
7700 In.''"I''! CKJlTICI. tllJ"/'2
!U1T:!!l 71,0
IAV1~11 CALJr01NIA 926>].8.2929
9>&'9-721-0977
PAX 949-727-9927
ro.,b::l.rry@AOI.coQl.
August 1, 2006
Certified Mail Return Receipt Requested
Henry Empeuo, Deputy City Attorney
City of San Bemardino
300 N. "D" Street
San Bemardino, CA 92418
Re:
Vie- Vin Industrial pevelopment'Prcject
10J Acre Parcel
Deal' Mr. Empcno:
1 have been retained to represent Victor Di Pietro and Vic. Vin Enterprises, LLC, in conrlcction
with applications for tentative parcel map, development permit, grading permit and building
p=it to constnlct two warehouse indushial buildings ("Project") on a 10.3 parcel located 'south
of Inc1tlstrial Parkway between Palm Avenue and University P~kway in the City of San'
Bernardino ("Property").
I have replaced John M,'13owman of Jeffer, Mangels, Butler and Matma:ro LLP.
Based upon my review ofth~ file 311d my discussion with Mr. Bowman, Mr. 'Bowman sent you
with a letter dated J llIlC l5, 2006 and you' have not provided any written response to this letter.
According to Mr. Bov.man, your verbal response was that you were working on a response to the
letler, but had not yet prepared it: A delay of 45 days in responding to Mr. BowmaJl's letter is
unacceptable. Please respond in writing to roe within 10 days concerning Mr. Bowman's letter.
I wbh to aJdress the statns of the mitigated negative dedaration, the tentlltive parcel map and tilt:
developmeot permit ("land use entitlements") for the Project. On February 2; 2006, the
Developme)jt and Environmental Review Commiltee app~oved the land use entitlements,
authorizing release for ptlblic,revie1ir and refelTed the land use entitlements to the Planning
Commission. It is now seven months later. None of the land use entitlements have been set for
hearing before the Planning Commission.. Please cause the land use entitlements to be set for
hearing before the Planning Commission without futlher .delay,
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Henry Empeno, Esq.
August 1,2006
Page 2
Your delay in responding to NIx. Bowman's letter appears to be part of l!- concerted effort by the
City of San Dernaroin,o to unreasoIlllhly delay the processing of the Project in ~iolation of the
chil rights of my client. S1D!Set Drive'Corporation v. Redlands (1999) 73 Cal.App.4111 214,225.
Very truly yours.
&~~It-~
V
BARRY A. ROSS
BAR:es
cc: Jrones F. Penman, Esq., City Attorney
Henry Empe11o, Esq., Deputy Cily Attorney
Kenl1~th fields, Esq.
Vi..tor Di Pietro
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August 1, 2006
JAM~S F. P~NMAN
CITY ATTORNEY
Mr. John M Bowman
Jeffer Mangels Butler &. Marmaro LLP
1900 Avenue ofthe Stars, T" Floor
Los Angeles, California 90067~308
Re: Vie.- Vm Industrial Development Project
Dear Mr. Bowman:
This letter is in response to your letter to me dated June 15, 2006, regarding the project
being contemplated by Mr. Victor DiPetro' and Vic-Vin Enterprises, I.LC (collectively
"Vie.-Vinj, within the City of San BemaTdino, Tentative Parcel Map 04-35 and DPm
04-54.
Since the date of your letter I assembled City Planning Division Staff and. other
individuals who were familiar withthe 2004 formation of the CPO No. 1033 to gather
information regarding the basis for said CFD and to be assured that the prior
determinations as made by the Mayor and Common Council in 2004 are deemed to be
relevant as of today from a CEQA standpoint. The Verdemont Area is extremely fire
prone due to the proximity of the open space, hillside and mountainous areas, and this
area has experienced devastating fires in the past.
It is recognized that the Vie- Vin property was not included within the original formation
of the CPO No. 1033, but one of the purposes of the CFD No. 1033 as set forth by the
Mayor and Common Council was to provide a vehicle whereby future development
within the Verdeniont Area designated by the Fire Department would either annex into
the CFD No. 1033 or pay an "in-lieu fee" ami thus opt not to join the CFD No. 1033.
However, it is not an option for a property owner seeking to develop their property within
the Fire Department designated area to neither join the CFD No. 1033 nor pay the in-lieu
fee established by the Mayor and Common Council. The determinations inade by the
Fire Depanment. in 2004 continue to be valid today regarding the necessity of new
development in the Verdemont Area to pay its fair share of the operating expenses for the
Verdemont Fire Station.
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R.e: Letter to Jobn M. Bowman
August I, 2006
The mitigation measure set forth in the Vic-Vm project Initial Study, paragraph 7, is
basically valid, however, replacement language that states the mitigation requimnent
more accurately is enclosed. The City. will Clpect Vie- Vm to comply with this
requirement through one of the two previously established means. That is, either pay the
in-lieu fee to opt out of the CFD No. 1033. or annex into the CFD No. 1033 and be
subject to the annuaI ~cial tilt. .
After having personally reviewed the assumptions that led to the establishment of1he in-
lieu fee and the 1I11mll.1 special tax amOUDt for intluctria1 and retai1 projects, I would like
to briefly explain how the acreage fee for induSbial propenies was determined. City staff
had calculated the potential acres of development by land use designation within the Fire
Department desigDBted area in Verdemont. The assumption was that the non-resiclentia1
properties would have a coverage factor of 33% of the parcel land area. That square
footage amount was then multiplied by SO. 17 per square foot to arrive at the fiIJt year
annual special tax per acre ofS2,44S.00. A similar exeroisewas conducted for resideutial
properties through the use of an assumed average house size multiplied by.a square foot
factor to arrive at a per bouse first year special tax ots3S0.00 per housing unit
Tbe City elected to utilize the per unit special tax method for residential and the per l!4:fC
special tax for industrial and retail properties as a means to achieve efficiency in the
administration of the CFD No. 1033. Otherwise, a separate building square fuotage
cak:u1ation for each dwelling unit and each industrial and retai1 project would have been
required_ This 1atter approach would have become extremely burdensome and the cost of
such extraordinary administration would have. been ultimately the financial obligalion of
the property owners. ThUl> the City was able to achieve for the benefit of all property
owners within the em No. 1033 a substantial adminisnative cost reduction each year.
As a point of comparison, the Vic- Vin project contemplates a coverage factor of
approximately 41.8% versus the assumed average coverage W::tor of33%. AppI,iug the
same formula on a square foot of building area basis, Vw-Vm would have paid a first
year special. tax of $3,095.00 as compared to the established first year special tax of
$2,445.00. Vic-Vin is thus paying an effective rate ofSO.13 per square foot of building
area when the per acre first year Special tax amount is divided by the actual building'
square footage for this proposed Vie- Vin project.
The calculation of the "in-Iieu payment" is a verY sunple mathematical analysis whereby
the first year special tax was increased by 2% per year for 30 years and then a 6% present
. value discount factor was applied against this annual cash flow stream to determine the
present value of this series of special tax payments separately for residential properties
and for lndustria1 and retail properties. I am confident that through your use of an Exl:el
spread sheet you would be able to replicate the same calculations contained in the
Engineer's Report that was presented to the Mayor and Common Council in 2004.
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Re: Letter to John M. Bowman
August I, 2006
I would like to present the following offer to you as a means of allowing us to move your
V>>-Vm project fbrward as expeditiously.as possible tIirougb. the City entitlement and
design review process. The City of San Bernardino is undergoing ail \!lIP1"ecedented
. smge of industrial growth at this time ai1d it is certainly advautagcous for the ownen and
investors in the Vie- Vin project to move forward while this opportunity is preseot.
Upon your request, I would have the Planning Department Staff forward to you the
uece9~"~ documents to initiate the annexation of the Vie- Vin property into the CFD No.
1033 without any coSt to Vie-Vm to participate in this annexation process. In the
m-ime, staff would resume the development review proce.!lS, including public review
of the Initial Study and Planning Commission review of the project. Upon approval of
the project by the PI~nn;ng Commission, you would be able to proceed with permit
j",..""ee after the necessmy documents have been executed by Vie-Vm and returned to
the City whereby Vie- Vin would be committed to participate in the CFD annexation
process. The entire annexation process would probably require up to four (4) months
time to finally process, but the pending annexation process would not further.delay your
project after the necessary dOCU"ll;lnts have been executed and delivered to the City. It is
likely that we would be including other properties lIS well into this next CFD annexation
~le.
I look forward to hearing from you and please contact me should you have any further
qUtstions regarding this matter.
Sincerely,
~~J
Hem)' Empeno, Jr.
Sr. Deputy City Attorney
EPclosure
cc: James F. Penman, City Attorney
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Verdelllont Fire Station Mitigation I
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VIC-VIN Industrial Subdivision & Two Industrial Buildings on Industrial Parkway
Tentative Parcel Map No. 17503 (SUB No. 04-3~) and Development Permit 2 No. 04-54
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Replacement lan!!1llle:e for the Initial Study ,pJuared bv Hoe:le-ITeland. Inc.:
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Replacement Impact Discussion related to fire p~otection:
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Fire prevention" fire protecti~n, and erndgency medical ~istance in the City of
San Belnardino are provided by the San Bernardino Fire Department (SBFD).
, ConstrUction of the proposed project wil~ generate additional need for fire
protection and emergency medical aid frOm the Verdemont Fire! Station #12
located at 6065 N. Palm A venue. The prdposed project will generate additional
service de!IlllJld on the Verdemant Fire S~tion, impacting the ability'ofthe Fire
Department to meet the Emergency Service Delivery Management and Planning
Standards adopted by the Mayor and Corbnon Council of the City of San
'Bernardino, including a 5-mmute resp04e time to 90% of all service calls. This
constitutes a potentially significant adverse impact, due to the need for new or
physically altered facilities required to :a:\aintain acceptable service ratios,
response times and other performance objectives for fire protection service from
the Verdemont Fire Station,
Replacement Mitigation Measure:
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P. t ' f'b 'Id' ' . th' I' hall .' fa' hare
nor 0 Issuance 0 U\ mg permIts, c; app lcant s partlclpatc on a Ir-5
basis in ftmding the continued operation1and maintenance of the Verdemont Fire
Station. A one-time fair-share contributi~m equivalent to the Community Facilities
District No. 1033 "in-lieu fee" established by Resolutiol1 No. 2004-107 of the
Mayor and Common Council will mitigkte the long-tenn impact of the project on
emergency services of the Fire Depa~bnt. As an altemativ'e, an irrevocable
agreement to annex the project site to Community Facilities District No. '1033
would satisfy this obligation, I
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'~A"BM Jeffer Mangels
y:V~ 'Butler & Marmarol1P.
John M. Bowman
Direct (310) 785.5379
jmb@jmbm.com
1900 Avenue of the Stars, 7th Roor
Los Angeles, Callfomla 90067-4308
(310) 203-8080 (310) 203-0567 Fax
www.Jmbm.com
Ref:
67014.0001
June 15, 2006
VIA ELECTRONIC MAIL AND U.S. MAIL
Henry Empeno
Deputy City Attomey
City of San Bernardino
300 N, "D" Street, 6th Floor
San Bernardino, CA 92418
lfD)fE @ ~ a w ~ml
Wl JUN 1 9 2006 ill'
By .$:14.,1C.,..:!t ~
e
Re:
Vic-Vin Industrial Development Project
Dear Mr. Empeno:
As you know, this office represents Victor DiPierro anQ. Vic-Vin Enterprises,
LLC (collectively "Vic-Vin") in connection with Vic-Vin's application for a tentative parcel
map and development permit to consrruct two warehouse-industrial buildings (the "Project")
on a 1O.3-acre parcel located south of Industrial Parkway between Palm Avenue and
University ParkWay in the City of San Bernardino (the "Property"). The purpose of this letter
is ,to summarize our position concerning the fire "mitigation" issue and to request your '
assistance in resolving this matter.
BACKGROUND
An application for approval of the tentative parcel map and development permit
for the Project was filed with the City of San Bernardino (the "City") on December 29, 2004.
Over one year later (January 2006), an Initial Study was prepared for the Project under the ,
California EnviroIllllental Quality Act ("CEQA"). The Initial Study, which Was prepared for
the City by Hogle-Ireland, Inc., concluded that all of the potential environmental impacts of
the Project can be mitigated to a level of insignificance. With respect to potential impacrs on
public services, the Initial Study stated, in relevant part, as follows:
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"The City has created Community Facilities District, CFD No.
1033, for the purpose.oflcvying and collecting a Special Tax to
finance a portion of *e continued operation and maintenance of
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a 'Henry Empeno, Assistant City Attorney
_ June 15, 2006 .
Page 2 . .
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the Verdemom Fire Station, incl~ding personnel expenses,
equipment and operational expenses. lfit is determined that this
property is covered fly CFD No. 1033, the project wi\1 be subject
to the Special Tax in the amount that is deterinined annually
pursuant to City Ordinance No. MC-1184, Exhibit A, or in a
'one-time In-Lieu Fee' in the amount of $44,358.47 per acre for
an Industrial Zone as so iClentified in City Ordinance No. MC-
1184. [1] Therefore. with the following mitigation measure this
iinpact is reduced to below a level of significance: m 7.
Participate, as required, in payment of the Verdemont Fire
District Community Facilities District No. 1033 fees.ss either an
annual taX or one-time In-Lieu fee of $44,358.47 per acre for an
Industrial Zone or as identified in City Ordinance No. MC-
1184." (Emphasis added.) .
Since the time the Initial Srudy was prepared, Vic-Vin has determined-and you
have confirmed-that the Property is not covered by CFD No, 1033 and that the Project is not
subject to the "annual tax" or "one-time fee"' established pursuanrto the Community Facilities
District ("CPP"). Accordingly, no tax or fee would be required under the terms of the
mitigation measure as originally proposed in the Initial Study. Nonetheless, several months
ago we were informed by City staff that staff intends to review this matter further and may
recommend an alternative mitigation measure. Despite our numerous attempts to ascertain. the
status of these efforts. we bave yet to tJe informed of the staff's Conclusions in this regard~
To date, Vic-Vin has b~ extremely patient and, through its representatives,
has attempted to resolve the issue in good faiJh. However, the Project has now been delayed
for several months as a direct result of the fire mitigation issue. Indeed, it is my
understanding that the Project had at one time been scheduled for hearing in June of this year.
but bas since been taken off-calendar indefinitely pending resolution of the issue.
DISCUSSION
As indicated above, our immediate concern is .the delay caused by staff's
decision to reevaluate the fire mitigation issue. However, I would also like to take this
opportunity to briefly outline our position on tbe substance of the mitigation issue.
First, we do not believe that the ~oject will in fact bave any adverse
environmental impact in the area of fire services. As indicated in the documentation that we '
have obtained concerning the CFD, the CFD is intended [0 provide funds for the on-going
"operation and maintenance" of me existing Verdemont Fire StatiOD. Of-course, CEQA is
designed to mitigate potential physiaJl impacts on the environment-not to ensure adequate
funding for on-going municipal services. Indeed, the environmental checklist contained in
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_ tIeDI)' Empeno, Assistant City Att.omey
_ June 15, 2006 . .
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Appendix G to the State CEQA Guidelines requires the City to consider the following
question: .
"Would the project result in substantial adverse physical jmpacts
associated with the provision of new or pJrysically altered
govemmemaljacilities. need for new or,pJrysicaIly altered
governmenral facilities, the construction of which could cause
significant environmenTal impacts, in order to maintain acceptable
service ratios, response times or other performance objectives for
: . . Fire protection. . ." (Emphasis added.)
In this case, the fire station that will serve the Project is already in existence,
and we are not aware of any evidence to support a finding that the Project will create a need
for the "consU1lction" of any "new or physically altered" facilities to maintain acceptable
levels of fIre protection. Thus, there does not appear to be any basis for imposing a fixe
mitigation fee under CEQA.
Second, under the Mitigation Fee Act, GO~'t Code U 66000 el seq., the City,
before imposing any fee on the Project, must determi:Qe bow, there is a "reasonable
relationShip" between the need for the public facility and the type of development project on
which the fee is imposed. Gov't Code ~ 66oo1(a). Additionally, the City must determine
how there is a reasonable relationship between the amount of the fee and the cost of the
portion of the public facility attributable to the project upon which the fee is imposed.
66001(b) and 66005. In other words, the City has the burden of demonstrating that any fee is
"roughly proportional" to any impacts caused by the development project. See Dolan v. City
ofTigard, 512 U.S. 374 (1994) and Ehr.lichv. City of Culver City, 12 Cal.4th 854 (1996).
Again, we are not aware of any basis for the City to conclude that the Project in
this 'case will create a "need" for additional fire protection facilities. However, even if such a
"nexus" could be established in this case, we submit that the "one-time" fee established in the
CFD-which if applied, to the Project in this case would equate to a fee of approximately
$457,Ooo-would not be "roughly proportional" to any such impact aDd could not .be legally
imposed_
_ Notwithstanding the foregoing, and in the interest of resolving the, issue in an
amicable fashion, my client is pi'epared to accept a condition of approval that requires the
payment of a reasonable fee or other appropriate mitigation measure, so long as the Project is
allowed [0 proceed to hearing in an expeditious fashion.' We would greatly appreciate the
assistance of your office in facilitating 'such a resolution.
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~enry Empelio, Assistant City Attorney
June 15, 2006
Page 4
Thank you for your consideration.
JMB:dg
cc: Fred Wilson, City Manager
LA 4065754 .1
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Very troly yours,
MfYI~
J~~~OWMAN of
Jeffer, Mangels, Butler & Marmaro LLP
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EXHIBIT 4
Background Documents
Relative to the Formation of
CFD No. 1033
And
Fire Service Mitigation in the
Verdemont Fire Station Service Area
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Background Documents Relative to the
Formation ofCFD No. 1033 and
Fire Service Mitigation in the
Verdemont Fire Station Service Area
1.
Staff report and Council Resolution No. 2000-113 dated May 15, 2000,
adopting certain Fire Department Emergency Service Delivery Management
and Planning Standards
2.
Memo from Fire Department to City Manager dated August 3, 2006, stating
the continued need for a Verdemont Fire Station
3.
Memo from Doug Dupree to Valerie Ross dated February 2,2006, describing
the. impacts of Tentative Parcel Map 17052/Development Permit II 04-54
upon fire services in the Verdemont Area
4.
Council Agenda Item #24 from Council meeting on April 19, 2004, approving
Resolution No. 2004-107 including the form of a Mitigation Agreement
related to fire services for new development in the Verdemont Fire Station
Service Area
5.
Council Resolution No. 2004-104 adopted on April 19, 2004, Declaring the
Intent to Form a CFD together with numerous findings of fact to substantiate
the necessity for new development to pay a "fair share" of the Verdemont Fire
Station operating expenses; (note the highlighted provisions regarding the
background issues and the necessity for new development to pay a "fair share"
amount) .
6. Council Agenda Item #35 from Council meeting on June 21, 2004, adopting
Resolution No. 2004-210 Declaring and Establishing the Formation of the
CFD and approving the Engineer's Report (Exhibit A) and the Rate and
Method of Apportionment of the Special Tax (Exhibit B)
7.
Engineers Report as attached to Resolution No. 2004-210 from Council
Agenda Item #35 from June 21, 2004, emphasizes the following points (see
highlighted provisions as noted in the Engineer's Report):
a. Section II.(b) - recognizes that the City may pursuant to CEQA require
owners of new developments to participate in the CFD or pay an "in-lieu
fee";
b. Section 1I.(g) - states that the City has concurrently approved the form of
the Mitigation Agreement;
c. Section III. - in 1998 a Fire Department Planning Standards Ad Hoc
Committee was formed; on March 28, 2000, the Committee recommended
certain standards to the Council for adoption relating to response time and
drive times from fire stations in the Verdemont Area;
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d. Section IV.(f) - contains statements that based upon improvements in the
real estate market, land owners and developers are once again seeking to
develop within the Verdemont Area; the City anticipates that
infrastructure demands will thus be placed upon the City;
e. Section IV.(h) - the initial CFD would only generate 9.9% of the first
year's annual costs of operation of the Verdemont Fire Station; states that
as new development annexes to the CFD, additional annual funds will thus
be provided to pay the costs of the operations of the Verdemont Fire
Station;
f. Section V. - City declares its intent to stimulate development; the special
tax will provide a portion of the funding of the annual costs of the
Verdemont Fire Station.
Two spread sheets dated March 27, 2003, illustrating the potential revenues to
be generated by new residential development available to pay for the costs of
construction of the Verdemont Fire Station through the Verdemont
Infrastructure Fee ("VIF")
Spread sheets illustrating the calculation of the in-lieu fee amount in the event
a property owner elected not to participate in the CFD
Three spread sheets of "drafts" dated July IS, 2003, illustrating the separate
assumptions for existing and new (i) residential development, (ii) commercial
development, and (iii) industrial development in the Verdemont Fire Station
Service Area and the allocation of O&M costs to each land use category
2
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SECTION 1
City of San Bernardino
e Request for Council Action
Mayor and Common Council
for
May 15,2000
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10-03-2006 04:08pm From-CITY OF SAN BERNARDINO PLANNING DEPT
8083845080
T-208 P 006/012 F-407
. CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
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Larry R. Pitzer
Subject:
Fire Department Emergency Service Delivery
Management and Planning Standards.
Dept: Fire ...... c", . .
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Date: May 15, 2000
Synopsis of Previous Council Action:
NO'le
RECOMMENDATION:
4)
Adopt Resolution
Approve implementation of the automated emergency medical dispatching system.
Approve the study and analysis of issues pertinent to our City's relatively high emergency
incident call volume.
Approve the station-siting plan for implementation at Mayor and Council discretion, and when
funding becomes available.
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2)
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Signatu're !
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Contact Person: Larry R. Pitzer
Supporting data attached: Staff Report
Phone: (9091384-5286
Ward: Citv Wide
FUNDING REaUIREMENTS;
Amount:
Fundinq has vet to be identified
Source:
(ACCT.No)
(Acct. Descriptionl
Finance:
Council Notes:
['I ;; 7JilJ
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5!f510~
Agenda Item No. J.. LJ
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10-03-Z006 04:08pm From-CITY OF SAN BERNARDINO PLANNING DEPT
9093845080
T-Z08 P 00T/01Z F-40T
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STAFF REPORT
SUBJECT:
Fire Department Emergency Service Delivery Management and Planning Standards
BACKGROU1\"D:
Early in 1998. FIre Department administrati ve staff requested that a process be developed to
study and adopt emergency service delivery management and planning standards. This was
prompted in part by the need to consider the addition of a fire station in the Verdemont area.
Without planning standards, the Verdemont station concept could not be evaluated objectively.
Subsequent to the request 10 develop a process. the Mayor and Council approved the
establishment of a Fire Department Planning Standards Ad Hoc Committee at the September 21.
1998 Council meeting. The members that were appointed to that committee are: Councilwomen
Esther Estrada and Susan Lien; Fire Commission members Larry Veres and Richard Caldwell;
from the public. Philip Savage.
In November of 1998. the Ad Hoc Committee began meeling to study and analyze topics
relevant to establishing emergency service delivery standards. The Committee reviewed many
issues and IOpics during the following 1 V2 year period of time. Some of Ihose general issues and
roplCS are lisled on Exhibil A.
On March 28, 2000. the Commirtee agreed upon certain standards 10 recommend 10 Mayor and
Council for adoption The Committee also requested that a workshop for Mayor and Council be
scheduied because of the depth and complexity of information that needs to be presented to
them. Those stanrlards 'and mher recommended actions are listed below. There will be a
detai led presentation of these standards and recommendations at the workshop; in addition. they
are also listed with explanation on ExhibIl B.
RECO~~~EDSTA~ARDS
:;.. Dispalch p~ocessing t!me shall be 60 seconds or less 90% of the time.
):0 Turnout time shall be 60 seconds or less 90% of the time.
;;- Drive time from fire stallon locanons to arrival at emergency Incidents shall be 5
m.inutes or less 90% of the lime. ThIS tS the time interval from en route of the closest
apparatus thaI is dIspatched untIl arrival al the emergency incident.
OTHER RECOMyIENDED ACTIONS
):0 Automate the emergency medical pre-arrival and priority dispatching system.
;;. Adopt a fire station siting plan that is consistent with the 5-minute drive time
standard.
> Study and analyze issues pertinent to our City's relatively high emergency incident
caB volume for the purpose of recommending a methodology to reduce calls per '
caplla. maximize efficiency of resources, and provide the appropriate response in a
cost effect; ve manner.
;0-03-2006 04:08pm From-CITY OF SAN BERNARDINO PLANNING DEPT
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T-208 P 008/012 F-407
Implementation of the recommended standards may lead to the Mayor and Council authorizing
the expenditure of funds in the future. However. adoption of the standards per se will not require
el\pendirure of funds. The decision to proceed with any of the Comminee's recommendations
can be done predicated upon the availability of funds in the future. By their very nature. fire
service planning standards allow for long range planning. Consequently, expenditure of funds
that are predicated upon these standards could occur many years in the future. In fact, the
planning standards will most likely have an impact for well over 20 to 30 years.
A detailed description of the station siting plan and associated costs are shown on Exhibit B.
fI~.\~CIAL IMPACT:
;;. The recommended motion adopting the standards will not require expenditure of funds
:;;. Approval and implementation of the "Other Recommendations" as delineated above will
require the following:
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A.utomated emergency medical dispatching system - 546.:'00 (one time cost).
.
Fire station string plan
The Fire Station siting plan can cenainly be completed as a single project. However. it is
also logical to consider a :wo-phase"approach as shown bdo""':
Phase I:' One r.ew fire station in the Verdemont area.
. One time consrructlon cost 51.200.000 to 51.500.000.
. Fire Engine 5350.000
. Annual on-going cosr -S 1.300.000
Phase n. Relocation of four el\isring fire stations
. . One time construction cost $4.800.000 to 56.000,000
If the ylayor and Council adopt the standards. implementation of the recorrunendations may be
considered during the FY 00/01 budget process. and in subsequent budget years.
At chiS time. funding has yet [0 be Identified to Implement the above standards
RECOi\-['\.rEI'll>A nON:
l)
2)
3)
e 4)
Adopt R.::solution
Approve implementation of the automated emergency medical dispatching system.
Approve the study and analysis of IssueS pertinent to our City's relatively high
emergency incident call volume.
Approve the station-siting plan for implementation at Mayor and Council discretion. and
when funding becomes available. . --.. .nn n. -. .---;- - -
~~~
9093845080
T-208 P 009/012 F-407
10-03-2006 04:08pm From-CITY OF SAN BERNARDINO PLANNING DEPT
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EXHIBIT A
ISSUES AND TOPICS REVIEWED
The following list of issues and topics are some of the general areas that the Ad Hoc Committee
reviewed and studied: they will be addressed at the Council workshop.
... Counctl goals and objectives. and the City's General Plan as it relates to the Fire Deparunent
:>- Standard response levels to various types of emergency incidents.
,. Total system reflex delivery time components.
;.;. Effect of response time on emergency medical service incidents.
r Effect of response time' on fire incident~
.. The City's preparedness for local and regional disasters.
;> Fire statlon-siting criteria.
... OSHA 2 m 2 out rule.
., Turnout time.
, O:1e vs. two paramedics per engine concept.
;> Building construction types as they relate 10 fire resistancelbehavior.
" Complirab!e cities survey.
., Insurance Services Office grading schedule.
" Emergency medical dispatching system and the standard dispatch system.
> Risk factors and service demands.
10-03-1006 04:09pm From-CITY OF SAN BERNARDINO PLANNINC DEPT
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EXHIBIT B
RECOMMENDED STANDARDS AND OTHER ACTIONS
Recommended Standards
r Dispatch processing time shall be 60 seconds or less 900/c of the time.
This is the ume Interval from receipt of a telephone call from'someone reporting an
emergency unulthe dIspatcher activates the fIre station alerting system.
,. Turnout time shall be 60 seconds or less 90% of the time.
This is the time interval from station alerting until the fire apparatus is en route to the
emergency.
.,. Drive time from Ere station locations to arrival at emergency incidents shall be 5 minutes or
less 90% of the time This is the time interval from en route of the closest apparatus that is
dispatched until arrival at the emergency incident.
Other Recommended Actions
;;.. Automate the emergency medical pre-arrival and priority dispatching system.
DIspatchers currently have a manual card system that they utilize to give rudimentary
medical instructions over the telephone to untrained persons assisting an injured or ill victim.
The automated systems provide a more efficient platform to gi \:e this critical information
with a higher degree of accuracy.
In addition to the pre-arrival instructions, automated systems coordinate the medical
necessity with the type and number of emergency apparatus that need to be dispatched to the
emergency, whether or not to respond with lights and sirens, with Advanced Life Support
(paramedics on fire apparatus); Basic Life SuppOrt (EMT on ambulance), or non-emergency
transportation to clinics or physiCIans. Again, the automated version allows for a more
efficient dispatch as well as a higher degree of accuracy.
-,. Adopt a fIre station siling plan that IS consistent WIth the 5-minute drive time standard.
A 5-minute drive time station siting plan calls for the addition of a 12th fully staffed fire
station in the Verdemont area. In addition, there will need to be a relocation of 4 stations.
Therefore, there would be a cost to build 5 fire stations and to staff one of them; below isa
detail listing of the appro;x;jmatc costs:
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le-OJ-IOOS 04:09pm From-CITY OF SAN 9E~NAROINO PLANNING OEPT
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RESOLUTION ~113
.
RESOLUTION OF THE MAYOR AND COMMON COL'NCIL OF THE CITY
OF SAN BERNARDL"O, ESTABLISHING CERTAIN EMERGENCY
RESPONSE TIME, STANDARDS CONTINGENT UPON THE
A V AILABILJTY OF FUNDS.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BER.~ARDl:'i'O AS FOLLOWS:
SECTION 1. The following emergency response lime standards are hereby
established, contingent upon the availability of funds, for the San Bernardino City
Fire Depanment:
1, Dispatch processing time shall be sixty seconds or less ninety percent of the
time.
2. Tumouttime shaH be sixty seconds or Jess nmety percent of the time.
3. Drive time from fire station locations to arrival at emergency incidents shall
be 5 minute,s or Jess 90% of the time. This is the time interval from er. route
of the closes! appar81!Js that is dispatched until arrival at the emergency
incident.
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10-03-1006 04:09pm From-CITY OF SAN BERNARDINO PLANNING DEPT
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9093845080
T-l08 POll/Oil HD,
.. - .' ..
2000-113
RESOLUTION OF THE MA YOK AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO. ESTABLISHING CERTAIN EMERGENCY
RESPONSE TIME STANDARDS CONTINGENT UPON THE
A V All.ABILITY OF FUNDS.
I HEREBY CERTIFY that the fo~going resolution was duly adopted by the Mayor
and Common Council of the City of San Bernardino at a
JOillt Regular
meeting thereof. held on the 15 th
day of
~18Y
, 2000, by the following vote, to wit;
COL'NClLMEMBERS AYES :-lAYS ABSTAIN ABSE~T
ESTRADA x
LlE"" x
,,1C GNNIS x
SCHNETZ X
SUAREZ x
x
At'lDERSON
MCCAMMACK X
The foregoing resolution is hereby approved this /6~ay of Hay
2000.
~~~
Estber Eserada
Mayor fTO Tem.
Approved as to form
and legal content:
JAMES F. PENMAN
City Attorney
~6~
Rae 1 G, Clark, CMC
City Clerk
I) "
By: th~ ';21[,-~
U '.
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SECTION 2
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Memorandum of August 3, 2006
Fire Station 232, Verdemont
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SAN BERNARDINO CITY FIRE DEPARTMENT
Interoffice Memorandum
To:
Fred Wilson, City Manager
From:
Mike Conrad, Acting Fire Chief
Subject:
Fire Station 232, Verdemont
Date:
August 3, 2006
The purpose of this memo is to explain the rationale used in determining the need for Fire
Station 232 and to re-confirm the validity of this reasoning today.
In 2000, the City Council approved Fire Department Emergency Service and Delivery
Management and Planning Standards. Included in these standards is a requirement that the drive
time from a Fire Station to an emergency be 5 minutes or less 90% of the time. This standard is
generally accepted industry wide as appropriate in providing for the public safety.
The adoption of this "drive standard" helped to determine new fire station location and proposed
the relocation of some existing stations. Through a comprehensive research effort, the most
appropriate station locations were determined-in response to population growth. At this point, the
need for a new Fire Station in the Verdemont area was identified.
Since the initial study was completed in 2000, the need for Station 232 has only increased.
Residential and commercial development has continued at a rapid pace, introducing more and
more people into the area. Traffic along the 1-2 I 5 corridor has increased; causing additional
traffic related emergencies. Finally, as the construction of new neighborhoods approaches the
National Forest boundary, the potential for devastating wildfire in the wildland/urban interface
increases requiring an enhanced response capability.
I addition to the information already presented, we must also take into account our most recent
Insurance Services Office (ISO) rating reported in the year 2000. Our rating is currently in the
Class 3 category. Many factors, including response time and number of trained fire personnel
arriving at scene, are used to calculate the City's ISO rating. If Station 232 did not exist and
development were to continue in the area, it is likely that our ISO rating may drop to Class 2,
which translates into a 5% to 10% increase in residential and commercial insurance costs.
As development continues in the VerdemontlPalm area of the City, Fire Department calls for
service will increase with the increased human presence. It is even possible that at full build-out,
additional personnel and equipment may be needed to satisfY the emergency response demands.
The construction of Station 232 provided a valuable asset to our City's emergency response
capabilities and becomes increasingly important as time passes.
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SECTION 3
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"Tentative Parcel Map 17052 /
Development Permit II 04-54"
Memorandum of February 2,2006
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SAN BERNARDINO CITY FIRE DEPARTMENT
INTEROFFICE MEMORANDUM
To:
Valerie Ross, Deputy Director Development Services
From:
Doug Dupree, Fire Marshal
RE:
Tentative Parcel Map 17052/ Development Permit II 04-54
Subject:
Fire Service Verdemont, Community Facilities District 1033
Date:
February 2, 2006
Copies:
Geri Franske, Fire Plans Examiner
The addition of new residential and commercial development will result in adverse environmental
impacts to the Verdemont area, because growth and new construction adversely affects the ability of the
City to provide emergency fire services.
The proposed development will result in construction of 2 industrial buildings on 10.33 acres,
exacerbating the need for such fire station. In this regard new development creates new demands for
emergency fire services either by increasing the amount of services needed in a particular area of the City
such as Verdemont, or by increasing the types of services required for an area. For example, the level of
calls for service increases as a result of growth and new construction. New construction increases the
number of square feet served, as well as the number of people who require fire services. Staff levels must
increase to accommodate the increase in the number of service calls and to provide adequate service to
the City. .Sufficient equipment must be provided to service the expanded service areas of the City.
Further, the increased need for service necessitates the construction and funding of additional facilities in
order that fast and efficient service may be provided. Accordingly, any new development will result in
additional service demands that will be placed on the City to provide continued fire protection service
within the Verdemont Area and surrounding regions in accordance with the City's 'fire emergency
development standards, as such new development continues to occur in areas northerly of existing fire
station service areas.
The Mayor and Common Council have adopted "Fire Department Emergency Service Delivery
Management and Planning Standards", which set forth specific standards for the delivery of fire services,
including, but not limited to, a drive time from fire station locations to arrival at emergency incidents of 5
minutes or less, 90% of the time.
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The City's fire station siting plan called for the development of a fully staffed fire station in the
Verdemont area, in order to render emergency fire services available to the Verdemont area consistent
with those available to other areas of the City and with the standards for the delivery of such services.
From an environmental standpoint, the need or provision of new or physically altered facilities to
maintain acceptable service ratios, response times or other performance objectives for fire protection
services is a potentially significant adverse physical impact for purposes of the California Environmental
Quality Act (Public Resources Code Section 21000!;! ~., "CEQA").
It is appropriate to impose some of the cost of the increased burden of providing fire services necessitated
by such development directly upon the sponsors of such new development. New development in the
V erdemont Area should accordingly be required to pay for a portion of the costs of the operations and
maintenance of the Verdemont Fire Station. Requiring the mitigation condition to be part of the
conditions of approval for the industrial property will help to offset the new demand caused by the new
development, and is an appropriate means to accomplish the mitigation of potentially significant,
substantial adverse environmental impacts under CEQA.
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CITY OF SAN BERN~RDINO - REQUEST FOR (,.,JUNCIL ACTION
ffj
From: Fred Wilson, City Administrator
Subject: Resolution of the Mayor and
Common Council of the City of San
Bernardino Approving Form of Mitigation
Agreement in the Verdemont Fire Station
ServiCe Area and Authorizing Execution of
the Final Form of Mitigation Agreements
with Participating Developers (Community
Facilities District No. 1033)
Dept: City Administrator
Date: April 2, 2004
Meeting Date: 4/19/04
Synopsis of Previous Council Action:
09/02/03 - Mayor and Common Council authorized staff to proceed with preparation of documents and
appropriate Municipal Code amendments to impose a special tax district for the operation and
maintenance of the proposed Verdemont Fire Stanton on new development only.
12/15/03. Resolution was approved by of the Mayor and Common Council of the City of San Bernardino
declaring the intention to establish a community facilities district for the ongoing operation and
maintenance of a fire station for the Verdemont area.
Recommended motion:
Adopt Resolution.
~ I
~. 1I1.L{e!.~
Signature
(,t~)
Contact person: Teri Baker
Phone:
5122
Supporting data attached: Staff Report, Resolution, Agreement FormWard: 5
FUNDING REQUIREMENTS:
Amount: None
Source: (Accl. No.)
(Accl. Description)
Finance:
Council Notes:
"JBloy,
Agenda Item No. ~
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CITY OF SAN BERt~ARDINO - REOUEST FOR CuUNCIL ACTION
STAFF REPORT
Subiect:
Resolution of the Mayor and Common Council of the City of San Bernardino Approving
FOIlD of Mitigation Agreement in the Verdemont Fire Station Service Area and
Authorizing Execution of the Final Form of Mitigation Agreements with Participating
Developers (Community Facilities District No. 1033)
Backl!rouod:
In light of the recent fires which ravished the City, especially in this area, providing a fire
station within the Verdemont Fire Station Service Area is paramount to the health and
safety of the citizens. New development within the Verdemont Fire Station. Service Area
will exacerbate the existing need for additional fire protection services, a significant
adverse impact under the California Environmental Quality Act ("CEQA", Public
Resources Code Section 21000 et sea.) Accordingly, the City has the right to mitigate
this adverse impact prior to approving any development, either through inclusion of such
development in a community facilities district pursuant to the "Mello-Roos Community
Facilities Act" (Government Code Section 53311 et sea.) or by the payment of a
"mitigation fee" (i.e.,. an "In-Lieu Fee" as described in the proposed Mitigation
Agreement) pursuant to Government Code Section 66474. Resolutions to commence
fOllDation proceedings for a community facilities district ("Community Facilities District
No. 1033", or "CFD No. 1033") to pay for a portion of the Verdernont Fire Station
operations and maintenance will be provided to the Mayor and Common Council at the
next Council Meeting.
The special tax ofCFD No. 1033 and the Verdemont Fire Station operations In-Lieu Fee
would each only apply to newly developed projects in the Verdemon.t Fire Station
Service Area and not to any existing development.
Based on certain assumptions used to determine the special tax rate for new residential
development on an annual basis in addition to the special tax rate for new industrial,
commercial and retail projects, the initial year tax rate for new residential units is $350
per dwelling unit and $2,445 per acre for new industrial, commercial and retail projects,
adjusted annually over the course of the special tax, i.e. thirty (30) years. The special tax
is subject to an annual increase, which may not exceed 2% per year. By comparison, the
upfront mitigation In-Lieu Fee would be equal to $6,349.88 for each new residential
dwelling unit and $44,358.47 per acre for each new industrial, commercial and retail
project within the Verdemont Fire Station Service Area.
The proposed fOIlD of the Mitigation Agreement attached to this Resolution provides that
each developer of a new project in the Verdemont Fire Station Service Area, which is
subject to CEQA, may either elect to include the developer's property in CFD No. 1033
(thereby agreeing to make such property subject to the CFD No. 1033 special tax), or to
pay the In-Lieu Fee. .
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CITY OF SAN BERt,ARDINO - REQUEST FOR CuuNCIL ACTION
STAFF REPORT'
This Mitigation Agreement ("Proposed Development") alsoinc1udes a "Rate and Method
of Apportionment of the Special Tax" (based on the aforementioned parameters), and the
Mitigation Agreement is in recordable form (so that its payment provisions become a
binding covenant on the property). In the event that the developer fails for any reason to
participate in the formation or annexation proceedings for crn No. 1033, as applicable,
the Mitigation Agreement provides that the developer shall then be required to pay the In-
Lieu Fee.
Following formation proceedings, each developer of a new project in the Verdemont Fire
Station Service Area will have the ability to either elect to annex into the CFD No. 1033
or pay the In-Lieu Fee.
This Resolution approves the Mitigation Agreement in substantially the form as attached
to the Resolution, and authorizes the execution of the Mitigation Agreement with
participating developers subject to non substantive changes as authorized by Staff in
consultation with the City Attorney and Special Legal Counsel.
Fiscal ImDact:
It has been assumed that the City will be required to pay a substantial portion of the
operating expenses for the Verdemont Fire Station until such time as a significant amount
of new development has occurred in the Verdemont Fire Station Service Area. It is
possible that upon full build-out of the Verdemont Fire Station Service Area perhaps
upwards 000% to 50% of the annual operating and maintenance costs of the Verdemont
Fire Station would be paid through the special tax or the Verdemont Fire Station
operations In-Lieu Fee, with the City General Fund paying the remaining operations and
maintenance expenses annually.
Recommendation:
Adopt Resolution.
4828.2837-4784.1
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RESOLUTION NO. 2004-107
A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO APPROVING FORM OF MITIGATION
AGREEMENT IN THE VERDEMONT FIRE STATION SERVICE AREA AND
AUTHORIZING EXECUTION OF THE FINAL FORM OF MITIGATION
AGREEMENTS WITH PARTICIPATING DEVELOPERS (COMMUNITY
FACILITIES DISTRICT NO. 1033)
WHEREAS, the City of San Bernardino, California (the "City"), is a municipal
corporation and charter city, duly organized and existing pursuant to the provisions of
the Constitution of the State of California; and
WHEREAS, currently there are areas within the City which are not provided
with adequate fire and safety protection in light of the recent fires which ravished the
City, and new development within the Verdemont area of the City, because of
inadequate fire protection,. will cause substantial adverse environmental impacts; and
WHEREAS, it is in the best interest of the City to provide additional fire and
safety protection prior to any new development as well as provide for a guaranteed
means to pay for such ongoing protection and assure the availability of fire station
services of the City to serve such new development; and
WHEREAS, prior to the approval of any sub<livision map or other
construction, the City may require future development within the City to mitigate such
substantial adverse environmental impacts pursuant to the California Environmental
Quality Act (CEQA Public Resources Code Section 21000 et seQ.), either through
inclusion of such development in a community facilities district pursuant to the
"Mello-Roos Community Facilities Act" (Government Code Section 53311 et ~.) or
by the payment of a "mitigation fee" (Le., an "In-Lieu Fee") pursuant to Government
Code Section 66474; and
WHEREAS, the Mayor and the Common Council have commenced formation
proceedings for the establishment of a community facilities district ("Community
Facilities District No. 1033", or "CFD No. 1033"), which CFD No. 1033 is designed
to pay for a portion of the Verdemont Fire Station operations and maintenance through
the imposition ofa special tax on all subject property within CFD No. 1033; and
WHEREAS, at this time the Mayor and the Common Council wish to approve
the proposed form of a "Mitigation Agreement", which Mitigation Agreement
provides that each owner/developer of a new project in the Verdemont Fire Station
Service Area may either elect to include the owner's/developer's property in CFD No.
1033 (thereby agreeing to make such property subject to the CFD No. 1033 special
tax), or to pay the In-Lieu Fee as described in the Mitigation Agreement, and to
authorize the execution of said Mitigation Agreement.
4815.7008.3584.1
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2004-107
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2004-107
A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO APPROVING FORM OF MITIGATION
AGREEMENT IN THE VERDEMONT FIRE STATION SERVICE AREA AND
AUTHORIZING EXECUTION OF THE FINAL FORM OF MITIGATION
AGREEMENTS WITH PARTICIPATING DEVELOPERS (COMMUNITY
FACILITIES DISTRICT NO. 1033)
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the
Mayor and Common Council of the City of San Bernardino at a j t. regular
meeting thereof, held on the 19th day of April , 2004, by the
following vote, to wit:
Council Members: AYES
ABSTAIN ABSENT
NAYS
ESTRADA
x
LONGVILLE
x
MCGINNIS X
DERRY X
KELLEY X
JOHNSON x
McC~ACK x
D..~1. I ;6, V.IlJ.
C~~
The foregoing resolution IS hereby approved this
April ,2004.
"2 \ ~r
day of
Approved as to
Form and legal content:
~(t...~~
~t Valles, Mayor
C7 of San Bernardino
3
4815.7008.3584.1
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2004-107
ATTACHMENT "I"
)
)
)
City of San Bernardino )
300 North "0" Street, 6111 Floor )
San Bernardino, CA 92418 )
Altn: Deputy Director/City Planner )
)
)
)
)
)
Recording requested by
and when recorded mail to:
Exempt: Government Code ~ 6103
Space above this line for Recorder's use only
AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND
RELATIVE TO MITIGATION OF FIRE STATION SERVICE IMPACTS
THIS FUNDING AND MITIGATION AGREEMENT ("Agreement") dated as ot:
, 2004 is entered into by and between the City of San Bernardino, a charter
city and a public body, corporate and politic (the "City"), and , a
corporation, (the "Landowner").
WITNESSETH:
WHEREAS, the Landowner is the owner of the property described in Exhibit "A" and
depicted in Exhibit "B" hereto (the "Property") which the Landowner proposes to develop _
number of [dwelling units/acres of non-residential development] (the "Proposed Development");
and
WHEREAS, currently there are areas within the City which are not provided with
adequate fire and safety protection in light of the recent fires which ravished the City, and new
development within the V erdemont area of the City, because of inadequate fire protection, will
cause substantial environmental impacts; and
WHEREAS, it is in the best interest of the City to provide additional fire and safety
protection prior to any new development in the Verdemont area, as well as provide for a
guaranteed means to pay for such ongoing protection and assure the availability of Fire Station
Services (as hereinafter defined) of the City; and
WHEREAS, prior to the approval of any subdivision map or other construction in the
. Verdemont area, the City may require such future development within the City to mitigate such
'. substantial environmental impacts pursuant. to the California Environmental Quality Act
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2004-107
("CEQA", Public Resources Code Section 21000 et sea.), and Government Code Section
66474(e); and
WHEREAS, the Landowner is seeking approval of the Proposed Development by the
City; and
WHEREAS, the City, subject to receipt of funds pursuant to this Agreement, intends to
provide for payment for a portion of the operations and maintenance of fire protection and
suppression services ("Fire Station Services") as authorized pursuant to Section 53313 of the
Mello-Roos Community Facilities District Act of 1982, as amended (the "Act"), for the Proposed
Development and intends to form, or has formed and intends to annex property to, a cornmunity
facilities district ("CFD No. 1033"), and is amenable to including the Property, pursuant to the
Act, in CFD No. 1033 in either "Formation" or "Annexation" proceedings, whichever is
applicable, to pay for such Fire Station Services to serve the Proposed Developme!lt; and
WHEREAS, the City and the Landowner intend that partial funding of Fire Station
Services required to serve the development within the Property shall be provided on a timely
basis by means of payment through CFD No. 1033 as provided in this Agreement.
NOW, THEREFORE, in consideration of the terms and conditions herein set forth, the
City and the Landowner DO llEREBY AGREE AS FOLLOWS:
~
1. Definitions. As used in this Agreement, all capitalized terms shall have the
meanings set forth in Section A of Exhibit "c" or the following meanings, whichever is
applicable:
"Annexation" means (in the event that CFD No. 1033 has been formed) the annexation of
the Property to CFD No. 1033 as provided under Section 53339 of the Act.
"CFD No. 1033" means the community facilities district to be formed by the City
pursuant to the Act and known by that name.
"City" means the City of San Bernardino, California.
"Completion of Annexation to CFD No. 1033" shall be deemed to have occurred upon
the. occurrence of the following: (i) the annexation of the Property (if the Property is to be
included in Annexation proceedings) to CFD No. 1033, including the authorization for
the levy by CFD No. 1033 of the Special Taxes; (ii) the approval by the qualified electors
of CFD No. 1033 of the levy of the Special Taxes; (Hi) the expiration of the statute of
limitations provided in Section 53359 of the Act, and (iv) the effective date of the first
applicable validating legislation by the State of California.
"Completion of Formation ofCFD No. 1033" shall be deemed to have occurred upon the
occurrence of the following: (i) the inclusion of the Property within CFD No. 1033 (if the
Property is included in Formation proceedings), including the authorization for the levy
4821-6750-9248.1
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2004-107
by CFD No. 1033 of the Special Taxes and (ii) the approval by the qualified electors of
CFD No. 1033 of the levy of the Special Taxes, (iii) the expiration of the statute of
limitations provided in Section 53359 of the Act, and (iv) the effective date of the first
applicable validating legislation by the State of California.
"Formation" means the establishment of CFD No. 1033 including the Property (in the
event the Property is to be included in Formation proceedings) pursuant to the Act.
"In-Lieu Fee" means a payment to be made as provided under Section 2.1 prior to the
approval of each tentative or parcel map for residential development in the amount of
$6,349.88 per dwelling unit, whether for a single family or a multi-family unit, and prior
to the approval of each tentative or parcel map for commerciallretaillofficelindustrial
zoning classifications in the amount of$44,358.47 per acre of development as set forth on
a site plan of development, which amounts shall increase by an amount not to exceed 2%
per Fiscal Year commencing July I, 2004, and each July 1 thereafter through July I,
2033. The amounts of the In-Lieu Fee shall not increase after July 1,2034.
"Project" means any project undertaken for the purpose of development involving the
approval or issuance of any permit or entitlement for use by any governmental agency and
includes all such permits and entitlements for use whether classified as quasi-legislative,
quasi-judicial or ministerial in nature, including, but not limited to, the adoption,
amendment, approval or issuance of any general plan, specific plan, master plan, zoning
ordinance, tentative subdivision map, tentative parcel map, final subdivision map, final
parcel map, variance, conditional use permit, site plan, plot plan, development plan,
annexation, public utility connection, building permit and certificate of occupancy.
"Fire Station Services" means operations and maintenance of fire suppression and
protection facilities, to serve needs created by development within the boundaries of CFD
No. 1033.
"Special Tax" or "Special Taxes" means the" Special Tax" as defined in Exhibit "C"
including any whole or partial prepayment thereof as provided in Section F of Exhibit
"C",
"State" means the State of California.
2. Mitil!ation of Fire Station Services.
2.1 Formation off Annexation to the Mello-Roos District. In consideration for
the City providing Fire Station Services to serve the Property the Landowner agrees to participate
and execute all documents requested by the City relative to the inclusion of the Property within
CFD No. 1033 and the Special Taxes of CFD No. 1033 as described in Exhibit "C", in which
event City agrees to include the Property in the Formation of, or Annexation to, CFD No. 1033,
whichever is applicable, at the earliest practicable date. The inclusion of the Property in CFD No.
'1033 shall be on the basis of the parameters set forth in Exhibit "C" with respect to the Rate and
4821-6750-9248.\
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2004-107
Method of Apportionment of the therein described Special Taxes. The Landowner, and its
successors and assigns, shall be deemed to have fulfilled and mitigated their entire obligation to
assist in paying for Fire Station Services to serve the development of the Property, so long as the
provisions of this Agreement are complied with by the Landowner, upon the occurrence of the
Formation of, or Annexation to, CFD No. 1033, or, in the event that the Landowner fails to
participate with and execute all documents requested by the City relative to the inclusion of the
Property in CFD No. 1033, then the Landowner shall be obligated to pay the In-Lieu Fee
pursuant to the terms of this Agreement.
The Landowner hereby acknowledges that there are certain costs associated with the
inclusion of the Property in the Formation ofCFD No. 1033 or the Annexation to CFD No. 1033
(whichever is applicable to the Property). In this regard the Landowner and the City agree that
any costs relative to the Formation or Annexation, as applicable, proceedings shall be borne by
the Landowner.
Landowner specifically acknowledges that the cost to the City relative to such Formation
or Annexation proceedings shall include, but shall not necessarily be limited to, costs of
preparation of relevant documentation, recording fees, if any, reasonable engineering and
attomeys fees, and similar and related costs.
2.2 Landowner Consent and Waivers.
Landowner hereby requests that the Property be included, at the earliest possible date, in
CFD No. 1033. Landowner hereby consents to the inclusion of the Property in CFD No. 1033
and to the levy and collection of the Special Tax for CFD No. 1033 and hereby waives any and
all rights to challenge the Formation of, or Annexation to, CFD No.1 033, the proceedings to
include the Property, the levy and collection of the Special Tax for CFD No. 1033 and any and
all other proceedings related thereto.
Landowner represents that it is the person legally entitled and lIuthorized to cast the
ballots attributable to the Property in the landowner, mailed-ballot election to be conducted
within CFD No.1 033 to determine, among other things, whether certain land, including the
Property, shall be included in CFD No.1 033 and shall be subject to the Special Tax.
Landowner consents to the assessment of the Special Tax on the Property in the amount
of$350.00 per parcel for Residential property per year and $2,445 per parcel for Commercial,
Retail, Office or Industrial property per year (2004 Special Tax amounts, subject to adjustment in
accordance with Section C.I of the Rate and Method of Apportionment attached hereto as
Exhibit "cn) and waives the requirements for notice and hearing on the imposition of said
Special Tax, and waives any and all minimum time periods relative to the election pursuant to
Government Code Section 53326(a).
Further, the Landowner hereby waives the following:
4821-6750-9248.1
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2004-107
a) the preparation and distribution of an impartial analysis of the ballot measure,.
as well as arguments in favor and against, under the authority of Government
Code Section 53327(b);
b) the requirements regarding the time to mail ballots to the qualified electors
under Elections Code Section 4101, and agrees that the Landowner or
Landowner's designated representative may accept either mailed service or
personal service of the ballots;
c) the requirements regarding identification envelopes for the return of mailed
ballots contained in Government Code Section 53327.5;
d) any and all defects in notice or procedure in the conduct of the election,
whether known or unknown (except the right to vote and to have the ballots
fairly counted), and Landowner hereby further states that the election is being
expedited, pursuant to this waiver and consent, at the particular instance and
request of the Landowner.
2.3 Other ProDerties. In order to equalize treatment of landowners seeking to
develop within the City boundaries, the City agrees to use its best efforts to enter into agreements
comparable to this Agreement with the owners of other properties within the City in order to
obtain financial commitments for Fire Station Services from them at least equal to that
committed to by the Landowner hereby; provided, however, if, notwithstanding the use of such
best efforts, the City is unable to enter into such agreements, such inability shall not constitute a
breach of this Agreement.
2.4 Landowner's Covenant. The Landowner hereby covenants to the City that
the Landowner shall provide, or by contract with any developer or merchant builder of any part
of the Property require to be provided, the "Notice of Special Tax" required by Section 53341.5
of the Act or any similar successor statute. The Landowner expressly acknowledges that the City
and CFD No. 1033 shall have no duty or obligation and shall incur no liability, jointly or
severally, with respect to the foregoing covenant of the Landowner.
2.5 Indemnification Regarding Disclosure. The Landowner shall assume the
defense of, indemnify and hold harmless the City and CFD No. 1033 and each of their officers,
employees and agents from and against any and all actions, damages, claims, losses, expenses or
liability arising from, or related to, Landowner's covenant and obligation to disclose the Special
Tax to property owners as provided in Section 53341.5 of the Act, or as amended in the future to
the extent such information is furnished by the Landowner.
3. Binding on Communitv Facilities District. Upon the Completion of Formation of
CFD No. 1033 (or Annexation to CFD No. 1033), CFD No. 1033 shall automatically become a
party to this Agreement, and all provisions hereof which apply to the City shall also apply to
CFD No. 1033. The Mayor and the Common Council of the City, acting as the legislative body
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of CFD No. 1033, shall perform all parts of this Agreement which require performance on the
part ofCFD No.1 033.
4. General Provisions.
4.1 All of the covenants, stipulations, promises and agreements contained in
this Agreement by or on behalf of, or for the benefit of, any of the parties hereto, shall bind and
inure to the benefit of the successors of the respective parties.
4.2 AssilZIU1lent.
(a) No Separate Transfers. No sale, transfer or assignment of any right
or interest under this Agreement shall be made unless made together with the sale,
transfer or assignment of all or a part of the Property.
(b) Notice and Assumption. Concurrent with any such sale, transfer or
assignment, or within thirty (30) days thereafter, the Landowner shall notifY the City, in
writing, of such sale, transfer or assignment and shall provide City with an executed
agreement, in a form reasonably acceptable to the City, by the purchaser, transfer or
assignee by which the purchaser, transferee or assignee expressly and unconditionally
assumes all duties and obligations of the Landowner in this Agreement with respect to the
Property or part thereof conveyed.
(c) Consequences of Non-Compliance. Any sale, transfer or
assignment not made in strict compliance with paragraph (b) of this Section 4.2 shall
constitute a default by the seller, transferor or assignor under this Agreement; provided,
however, such default may be cured at any time by the purchaser, transferee, or assignee
executing an agreement pursuant to paragraph (b) of this Section 4.2 and no such default
shall affect the rights under this Agreement of any other owner of any part of the
Property. Notwithstanding the failure of any purchaser, transferee or assignee, to. execute
the agreement required by paragraph (b) of this Section 4.2, the burdens of this
Agreement shall be binding upon such purchaser, transferee or assignee, but the benefits
of this Agreement shall not inure to such purchaser, transferee or assignee until and
unless such agreement is executed.
4.3 Amendment and Waiver. This Agreement shall be amended only by a
written instrument executed by the parties hereto or their respective successors and assigns. All
waivers of this Agreement must be in writing and signed by the appropriate authorities of the
parties hereto.
4.4 Severabilitv. If any provision of this Agreement shall be held invalid,
illegal or unenforceable by a court of competent jurisdiction, the validity, legality or
enforceability of the remaining portions hereof shall not, in any way, be affected or impaired
thereby.
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4.5 Intel!l"ation. This Agreement supersedes any and all other agreements,
either oral or in writing, between the parties with respect to the subject matter of this Agreement.
4.6 Notices. Demands and Communication. Formal notices, demands and
communications between the City and the Landowner hereunder shall be sufficiently given if (i)
personally delivered, (ii) mailed by registered or certified mail, postage prepaid, return receipt
requested, or (iii) delivered by Federal Express or other reliable private express delivery service
to the principal offices of the City or Landowner, as set forth below. Such written notices,
demands and communications may be sent in the same manner to such other addresses as either
party may from time to time designate by mail as provided in this Section. Such notices demands
or communications shall be deemed received upon delivery if personally served, or upon the
expiration of three (3) business days if given by other approved means as specified above:
If to the City:
City Hall
300 North "0" Street
6th Floor
San Bernardino, California 92418
Atm: Deputy Director/City Planner
With a copy to:
Lewis Brisbois Bisgaard & Smith LLP
650 East Hospitality Lane, Suite 600
San Bernardino, California 92408
Attention: Timothy J. Sabo, Esq.
If to the Landowner:
4.7 Attornevs' Fees. In any litigation ansmg out of the breach of this
Agreement by any party, the prevailing party in such litigation, in addition to any other relief
which may be granted, whether legal or equitable, shall be entitled to recover reasonable
attorneys' fees and all other reasonable costs incurred in such litigation and allowed by the court.
The costs, salary and expenses of the City Attorney, and members of his office, shall constitute
attorneys fees for the purposes of this Agreement.
4.8 Intemretation. The terms of this Agreement, including all Exhibits hereto,
shall not be construed for or against any party by reason of the authorship of this Agreement, but
shall be construed in accordance with the meaning of the language used. The Section headings
are for purposes of convenience only, and shall not be construed to limit or extend the meaning
of this Agreement.
4.9 Force Majeure. The obligations of any party under this Agreement, and all
deadlines by which any party's obligations hereunder must be performed, shall be excused or
'extended for a period of time equal to any prevention, delay or stoppage in performance which is
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attributable to any strike, lock-out or other labor or industrial disturbance, civil disturbance, act
of a public enemy, war, riot, sabotage, blockade, embargo, lightning, earthquake, fire, storm,
hurricane, tornado, flood, explosion, court injunction, moratorium on any necessary public
utilities.
4.10 Recordation and Subordination.
(a) Recordation. This Agreement or a notice describing the existence
of this Agreement and the Property may be recorded by the Landowner or by the District.
The parties hereby agree to execute such documents as may be needed to give such
notice.
(b) Subordination. Any existing monetary encumbrances or options in
favor of non-governmental agencies or entities shall be subordinated to this Agreement
prior to City certifying to City the availability of the Fire Station Services for the
Property.
4.11 Execution. This Agreement may be executed in several counterparts each
of which shall be an original and all of which shall constitute but one and the same agreement.
4.12 Mutual Coooeration. Each party to this Agreement agrees to cooperate
with the others, to act in good faith, to sign ahy other and further documents, and perform such
other acts, as may be reasonably necessary or proper in order to accomplish the intent of this
Agreement. No party shall do anything which shall have the effect of harming or injuring the
right of any other party to receive the benefits of this Agreement. The parties shall refrain from
doing anything which would render their performance under this Agreement impossible or
impractical.
4.13. No Third Partv Beneficiaries. This Agreement is made and entered into
for the sole protection and benefit of the parties and their successors and assigns. No other
person or entity shall have any right of action based on any provision of this Agreement.
1/1/
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4.14 Exhibits. All Exhibits attached hereto are incorporated into this
Agreement by reference.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day
and year first above written.
By:
APPROVED AS TO FORM:
By:
EXHmIT A
. LEGAL DESCRIPTION
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EXHIBIT B
MAP OF PROPERTY
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EXHmIT C
RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX
COMMUNITY FACILITIES DISTRICT NO, 1033
CITY OF SAN BERNARDINO
This Rate and Method of Apportionment of this Special Tax sets forth the special tax
applicable to each Assessor's Parcel within Community Facilities District No. 1033 ("CFD No.
1 033") of the City of San Bernardino ("City") to be levied and collected according to the special
tax liability determined by the Common Council of the City, acting as the Legislative Body of
CFD No. 1033. The applicable Special Tax shall be determined pursuant to the application of the
appropriate amount or rate as described below. All Taxable Property within CFD No. 1033,
unless exempted by law, or the provisions of Section E, below, shalI be subject to the applicable
Special Tax levied and collected to the extent and in the manner herein provided.
This Rate and Method of Apportionment also is provided as an explanation to alIow
landowners or residents within CFD No. 1033 to estimate the Special Tax to be annually levied
and collected, or prepaid, as the case may be, with regard to property within CFD No. 1033.
A.
Definitions
"Act" means the Mello-Roos Community Facilities Act of 1982, as amended, being
Chapter 2.5 (commencing with Section 53311) of Division 2 of TitIe 5 of the California
Government Code.
"Administrative Expense" means any costs incurred by the City on behalf of CFD No.
1033 related to the determination of the amount of the annual levy ofthe Special Tax, the
collection of the Special Tax, the administration of the Bonds of CFD No. 1033, and the
other costs incurred in order to carry out the authorized purposes of CFD No. 1033.
"Special Tax" means the special tax to be levied in each Fiscal Year pursuant to Sections
C. and D. on each Assessor's Parcel for a period not to exceed 30 years including the
Initial Fiscal Year.
"Assessor's Parcel" means a parcel of land as designated on an official map of the San
Bernardino County Assessor which has been assigned a discrete identifying parcel
number.
"Commercial/Retail/OfficelIndustrial Property" means property zoned for commercial,
retail, office or industrial uses or other non-residential uses.
"Common Council" means the Common CoUncil of the City of San Bernardino.
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"Residential Property" means for any Fiscal year all Taxable Property for which a
foundation building permit for single family or multi-family units was issued prior to
May I preceding the Fiscal Year in which the Special Tax is being levied.
"Facilities': means the Fire Station Services as may be identified in the Community
Facilities District Engineer's Report prepared for CFD No. 1033 on file in the Office of
the City Clerk, or the continued operation and maintenance of the Verdemont Fire
Station, including but not limited to payment of compensation of employees, including
salaries and benefits, maintenance and operation of fire safety vehicles and the fire station
structures, any other expenses required to keep the such equipment and improvements in
fit operating condition and any incidental expenses (collectively, the "O&M Expenses")
to be financed by CFD No. 1033 pursuant to the Act.
"Fiscal Year" means the period starting on July I st and ending the following June 30th.
"In-Lieu Fee" means a one-time fee, which fee shall be deposited into an interest bearing
reserve account for future O&M Expenses in the following amounts and for which a
further explanation of the In-Lieu Fee wiJIbe described in an estimated cost report:
Residential Zone
$6,349.88 per residential dwelling unit as an In-Lieu
Fee
Commercial, Retail, Office Zone
$44,358.47 per acre of development as set forth on a
site plan of development as an In-Lieu Fee
Industrial Zone
$44,358.47 per acre of development as set forth on a
site plan of development as an In-Lieu Fee
"Land Use Class" means any of the classes of Property listed in Table I and Table 2,
below.
"Project" means any project undertaken for the purpose of development involving the
approval or issuance of any permit or entitlement for use by any governmental agency and
includes all such permits and entitlements for use whether classified as quasi-legislative,
quasi-judicial or ministerial in nature, including, but not limited to, the adoption, .
amendment, approval or issuance of any general plan, specific plan, master plan, zoning
ordinance, tentative subdivision map, tentative parcel map, final subdivision map, final
parcel map, variance, conditional use permit, site plan, plot plan, development plan,
annexation, public utility connection, building permit and certificate of occupancy.
"Taxable Property" means all Assessor's Parcels within the boundaries of CFD No. 1033
which are not exempt from the Special Tax pursuant to the Act and the'provisions of
Section E. herein.
.,
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B.
Assignment to Land Use Classes
As soon as practicable, as of May 1 for the next succeeding Fiscal Year, all Taxable
Property within CFD No. 1033 shall be categorized as Residential Property or either
Commercial/Retail/Office/lndustrial Zone Property. Taxable Property shall be subject to
a Special Tax pursuant to Sections C. and D. below.
C. Special Tax
1. Residential Property
The Special Tax for each Assessor's Parcel classified as Residential Property shall
be the amount. determined by reference to Table 1 and the paragraphs that follow
Table 1.
Table 1
Special Tax Rates for Residential Property
(For the Fiscal Year 2004-05)
Land Use Class
Special
Tax Per Unit (2004-05)
Land Use Descriotion
I
2
Single Family Detached Unit
Multi-Family Unit/Attached Dwelling Unit
$350.00
$350.00
In determining the Special Tax which may be levied in any Fiscal Year, on July 1,
2004, and on each July I thereafter, the Special Tax shall be increased by an
amount not to exceed 2 % of the amount in effect for the previous Fiscal Year,
until July 1, 2034. After July 1, 2034, no further escalation of the Special Tax
shall occur.
2. Commercial/RetaiVOflice/Industrial Zone Property
The Special Tax for each Assessor's Parcel classified as either Commercial,
Retail, Office, or Industrial Zone Property shall be the amount determined by
reference to Table 2 and the paragraphs that follow Table 2.
Table 2
Special Tax Rates for Commercial/Retail/Office/Industrial Zone Property
(For the Fiscal Year 2004-05) .
Land Use Class
Special
Tax Per Acre (2004-05)
Land Use Descriotion
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3
4
5
6
Commercial
Retail
Office
Industrial
$2,445.00
$2,445.00
$2,445.00
$2,445.00
In determining the Special Tax which may be levied in any Fiscal Year, on July I,
2004, and on each July 1 thereafter, the Special Tax shall be increased by an
amount not to exceed 2 % of the amount in effect for the previous Fiscal Year,
until July I, 2034. After July I, 2034, no further escalation of the Special Tax
shall occur.
D. Method of Apportionment of the Special Tax
Commencing with Fiscal year 2004-05, and each Fiscal Year thereafter, the Council shall
determine the Special Tax to be collected from Taxable Property in CFD No. 1033. The
Council may levy the Special Tax on all Assessor's Parcels of Development Property by
levying the Special Tax for Land Use Classes 1,2,3,4,5 and 6.
E.
Limitations
The Council shall not levy a Special Tax on properties owned by the State of California,
federal or other local governments, except as otherwise provided in Sections 53317.3 and
53317.5 of the Act. Property which becomes the property of the State of California, the
federal government or other public agency is liable for the Special Tax levied in the
Fiscal Year during which such transfer occurs and will be subject to the Special Tax in
each Fiscal Year thereafter under the original Land Use Class for such Assessor's Parcel.
Such Assessor's Parcel may be exempted, at the direction, and in the discretion, of the
Council in any Fiscal Year.
Prepayment of the Special Tax
Any owner of property within CFD No. 1033 may discharge the Special Tax obligation in
full or in part, by making payment pursuant to the applicable Sections F. 1. or F. 2 as
follows:
1. Upon the Approval of a Tentative or Parcel Map
At the time of approval of a tentative or parcel map, the owner of such residential
unit may prepay the Special Tax in full or in part by making a cash payment to
CFD No. 1033, in which case the Special Tax for the Initial Fiscal Year, and each
Fiscal Year thereafter, shall be reduced according to the following steps:
a.
Determine the maximum prepayment if the owner were to prepay the
Special Tax in entirety. For Projects approved prior to July I, 2005, the
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maximum prepayment for each residential unit is $6,439.88 and for each
acre of development as set forth. on a site plan of development for
Commercial/Retail/Offipe or Industrial zone property is $44,358.47. For
Projects approved on or subsequent to July 1, 2005, the maximum
prepayment shall increase by an amount not to exceed 2% per annum,
commencing July I, 2005, and each July 1 thereafter until July 1,2034,
upon which date the maximum prepayment shall be fixed and shall not
thereafter increase.
b.
Determine the property's revised Special Tax by multiplying the
property's applicable Special Tax for the Initial Fiscal Year determined
pursuant to Section C. 1. by one minus the quotient obtained by dividing
the cash payment made by the owner pursuant to this Section F. 1 .b. by
the maximum prepayment obligation determined pursuant to Section F. 1
.a. The property's revised Special Tax for the Initial Fiscal Year, and each
Fiscal Year thereafter, shall be the Special Tax for the applicable land use
designation (Residential or Commercial/Retail/OfficelIndustrial zone
Property) for purposes of Sections C. and D. herein.
2.
After tbe Approval of tbe Tentative Map/Parcel Map
After the time a tentative or parcel map has been approved, and prior to May 1 for
the next succeeding Fiscal Year, the owner of such parcel may prepay the Special
Tax in full or in part by making a cash payment to CFD No. 1033, in which case
the Special Tax for the applicable Fiscal Year, and each Fiscal Year thereafter,
shall be reduced according to the following steps:
a. Compute the present value of the Special Tax using a period equal to the
lesser of the remaining term for which the Special Tax may be levied on
such parcel; then
b. Multiply the amount determined in Section F.2.a; above, by the owner's
desired prepayment percentage (which shall be a minimum of twenty
percent (20%) of the present value of the total Special Tax) to determine
the prepayment amount subject to additional adjustments as specified
below; then
c. Add the following to the result of Section F.2.b.:
i) Unpaid special taxes, interest and penalties, if any, which have
been entered on the Assessor's tax roll; and
iv) a $75 administrative charge per Assessor Parcel.
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d.
The Special Tax applicable to property utilizing a prepayment percentage
less than 100% percent shall be revised in the Fiscal Year following the
date of prepayment by multiplying such property's Special Tax by the
prepayment percentage actually determined in Section F.2.b. Such
property's revised Special Tax for the Fiscal Year following the date of
prepayment, and each Fiscal Year thereafter, shall be the Special Tax for
such property for purposes of Sections C. and D. herein.
In addition, the Special Tax and the In-Lieu Fee shall be recalculated annually to reflect
(i) any changes in the O&M Expenses, (ii) the annexation of additional property into the District,
(iii) the payment of the O&M Expenses, or any portion thereof, with funds other than the Tax,
(iv) the amount of In-Lieu Fees available to be applied for the applicable' for which the
calculation is being made, and (v) any other changes which may affect the estimated O&M
Expenses for such year, except that in no event shall the In-Lieu Fee be increased by more than
2% per year nor shall the Tax be increased by more than 2% per year, based upon a cost inflation
formula to be continued in the Estimated Cost Report and the Engineer's Report and made a part
of the formation documents for the District, from the previous year for any property located
within the District that was previously assessed and chargeq with the Tax in the immediately
preceding year; and
G.
Manner of Collection
The Special Tax will be collected in the same manner and at the same time as ordinary ad
valorem real property taxes. The Special Tax shall be subject to the same penalties and
the same procedure, sale and lien priority in case of a delinquency as provided for with ad
valorem taxes. The collection of the Special Tax shall otherwise be subject to the
provisions of the Act. The Common Council reserves the power to provide for alternative
means of collection of special taxes as permitted by the Act.
H.
Termination of Special Tax Levy
Provided that Special Taxes previously levied on an Assessor's Parcel are not delinquent,
the lien of special taxes of CFD No. 1033 shall terminate as to such Assessor's Parcel at
the close of the thirtieth (30) Fiscal Year following the beginning of the Initial Fiscal
Year for such Assessor's Parcel. Furthermore, provided an owner'within CFD No. 1033
fully and completely discharges their special tax obligation pursuant to Sections F.l
and/or F.2, the lien of special taxes ofCFD No. 1033 shall terminate.
Pursuant to Section 53330.5 of the Act, the Council shall, upon written request, cause to
be recorded in the official records of San Bernardino County a Notice of Cessation of
Special Tax Lien for each Assessor's Parcel upon termination of the lien on such
Assessor's Parcel.
I.
Review/Appeal Board
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The Council shall establish, as part of the proceedings and administration of CFD No.
1033, a special Review/Appeal Board. Any landowner who feels that the amount of the
Special Tax, as to their Assessor's Parcel, is in error may file a notice with the
Review/Appeal Board appealing the amount of the levy. The Review/Appeal Board shall
interpret this Rate and Method of Apportionment of the Special Tax and make
determinations relative to the annual administration of the special tax and any landowner
appeals, as herein specified.
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ST ATE OF CALIFORNIA
)
) ss.
)
COUNTY OF SAN BERNARDINO
On before me,
personally appeared (here insert name and title of the officer)
personally known to be (or proved to me on the basis of satisfactory evidence) to be the person)s)
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 signatures(s)
on the instrument the person(s), or the entity upon of which the person(s) acted, executed the
Instrument.
WITNESS my hand and official seal.
Signature
Notary Public
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)
) ss.
)
STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO
On , before me, personally
appeared (here insert name and title of the officer) personally
known to be (or proved to me on the basis of satisfactory evidence) to be the person.)s) 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 signatures(s) on the
instrument the person(s), or the entity upon of which the person(s) acted, executed the
instrument.
WITNESS my hand and official seal.
Signature
\
4821.6750-9248.1
Notary Public
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SECTION 5
Resolution No. 2004-104
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RESOLUTION NO. 2004-104
A RESOLUTION OF THE MAYOR AND COMM,ON COUNCIL OF THE CITY
OF SAN BERNARDINO DECLARING INTENTION TO ESTABLISH A
COMMUNITY FACILITIES DISTRICT FOR NEW DEVELOPMENT FOR
THE ONGOING OPERATION AND MAINTENANCE OF A FIRE STATION
FOR THE VERDEMONT AREA AND TO LEVY A SPECIAL TAX WITHIN
SAID COMMUNITY FACILITIES DISTRICT, SETTING A PUBLIC HEARING
THEREON AND AUTHORIZING THE PUBLICATION AND MAILING OF
NOTICE THEREOF (COMMUNITY FACILITIES DISTRICT NO. 1033), AND
REPEALING RESOLUTION NO. 2003-361.
WHEREAS, the City of San Bernardino, California (the "City"), is a municipal
corporation and charter city, duly organized and existing pursuant to the provisions of
the Constitution of the State of California; and
WHEREAS, currently areas within the Verdemont Area of the City
("Verdemont Area"), generally within the City boundaries located north and
northwesterly of University Parkway to the Devore Road exit on the 1-215 Freeway, are
not provided with adequate fire and safety protection in light of the recent fires which
ravished the City, and new development within the City will cause substantial
environmental impacts; and _
W. HEREAS, " ;, ;, tho b", ",,"'" of tho C;ty to .IlI9,;d. ."'H''''''' fire "!1
safet rotection 'or to an new develo men as well as prov~r a guaranteed
means to payor suc ongomg pro ectlon; an .
WHEREAS, on December 15, 2003, the City approved Resolution No. 2003-
361, which authorized the initiation of proceedings for the formation of a community
facilities district for the ongoing operation and maintenance of a fire station to serve
future development within the City; and
WHEREAS, in the public interest, convenience and necessity it is the intention
of the Mayor and Common Council to order the establishment of a community facilities
district pursuant to the terms and provisions of California Govemment Code Section
53311 et seq., sometimes commonly referred to as the "Mello-Roos Community
Facilities District Act" (the "Act"), which community facilities district shall be known
as Community Facilities District No. 1033, City of San Bernardino, California ("CFD
No. 1033"), and to levy and collect assessments on new development within CFD No.
1033; and
WHEREAS, in compliance with Public Resources Code Section 21000 et. seq.,
the California Environmental Quality Act ("CEQA"), the City may mitigate such
significant adverse economic impacts, including the continuing maintenance and
operation of a fire station within CFD No. 1033, by requiring developers to pay a
mitigation fee; and
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A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO DECLARING INTENTION TO ESTABLISH A
COMMUNITY FACILITIES DISTRICT FOR NEW DEVELOPMENT FOR
THE ONGOING OPERATION AND MAINTENANCE OF A FIRE STATION
FOR THE VERDEMONT AREA AND TO LEVY A SPECIAL TAX WITHIN
SAID COMMUNITY FACILITIES DISTRICT, SETTING A PUBLIC HEARING
THEREON AND AUTHORIZING THE PUBLICATION AND MAILING OF
NOTICE THEREOF (COMMUNITY FACILITIES DISTRICT NO. 1033)
WHEREAS, prior to the approval of any certificate of occupancy for such neV
development, the City may require such future development within the City to mitigate
such substantial environmental impacts pursuant to Government Code Section
66474(e); and
WHEREAS, the City has considered and adopted local goals and policies
relative to the use of community facilities districts in accordance with Section 53312.7
the Act, and such goals and policies are on file with and available from the City Clerk;
and
WHEREAS, proposed CFD No. 1033 anticipates that only properties with new
development shall be eligible for inclusion within CFD No. 1033 which are located
within the Verdemont Area, and including such other properties with new development
that are anticipated to be annexed into the City at a later date, in addition to those
precise properties intended to be included within the initial formation ofCFD No. 1033
for which a diagram is attached hereto as Exhibit "An, where such diagram sets forth
the precise exterior boundaries of the initial scope ofCFD No. 1033; and
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WHEREAS, the Verdemont Fire Station shall be located at the intersection of
Kendali Drive and Palm Avenue and is presently intended to be constructed with the
proceeds of a State of California Infrastructure Bank financing in the principal amount
in excess of $2,000,000 to be repaid from funds collected upon payment of the
Verdemont Area Infrastructure Fee by new development within the Verdemont Area
pursuant to Municipal Code Section 15.73, et seq., and from other funds of the City to
the extent necessary, and such Verdemont Fire Station will be operated and maintained
to service the fire and safety needs of properties both within the Verdemont Area of the
City and CFD No. 1033; and
WHEREAS, the new development that is anticipated to occur in the Verdemont
Area has created the need for the construction of the Verdemont Fire Station to allow
-for the continued development within the Verdemont Area and to meet the additional
service demands that will be placed upon the City to provide a continued fire protection
service within the Verdemont Area as such new development continues to occur in
areas northerly of existing fire station service areas, and that such new development in
the Verdemont Area, and not existing development, shall be required to pay for the
costs of the operations and maintenance of the Verdemont Fire Station; and
WHEREAS, the proposed assessment or special tax (the "Tax") shall be used
and applied for the continued operation and maintenance of the Verdemont Fire Station,
27 including but not limited to payment of compensation of employees, including salaries
. and benefits, maintenance and operation of fire safety vehicles and the fire station
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2004-104
A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO DECLARING INTENTION TO ESTABLISH A
COMMUNITY FACILITIES DISTRICT FOR NEW DEVELOPMENT FOR
THE ONGOING OPERATION AND MAINTENANCE OF A FIRE STATION
FOR THE VERDEMONT AREA AND TO LEVY A SPECIAL TAX WITHIN
SAID COMMUNITY FACILITIES DISTRICT, SETTING A PUBLIC HEARING
THEREON AND AUTHORIZING THE PUBLICATION AND MAILING OF
NOTICE THEREOF (COMMUNITY FACILITIES DISTRICT NO. 1033)
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7 WHEREAS, except to the extent funds are otherwise available to pay the entire
8 amount of the O&M Expenses, the Tax shall be levied upon the properties within CFD
No. 1033 110t to exceed the annual maximum Derm~ed amounts ~ of the
9 O&M Expenses as may ~etermined by the Mayor and Comm~ such
Tali will be secured by recordation of a continuing lien against those properties that are
10 voluntarily included in CFD No. 1033 by the applicable property owner as nonexempt
11 real property in CFD No. 1033, which Tax will be annually levied solely within CFD
No. 1033 boundaries as the same may exist from year to year; and
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structures, any other expenses required to keep the such equipment and improvements
in fit operating condition and any incidental expenses (collectively, the "O&M
Expenses"); and
WHEREAS, CFD No. 1033 shall be divided into zones depending upon the type
of use of the land as may be recommended by the City Engineer in the Engineer's
Report described herein; and
. WHEREAS, pursuant to the estimated project cost report as shall be made
available from the City Engineer prior to the time of the formation of CFD No. 1033
16 setting forth projected costs, expenses and assessments for CFD No.1 033 for the initial
year of operation of the Verdemont Fire Station (the "Estimated Cost Report"), it is
17 presently estimated that the cost for the first year ofO&M Expenses is $1,525,000 and
for which the Tax shall be assessed against all real property as may then be placed
18 within the boundaries ofCFD No. 1033 in the following manner:
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(a) Residential Zone: $350.00 per
dwelling unit per year whether single family or multi-family unit and such rate
shall be subject to an increase not to exceed 2% annually;
(b) Commercial, Retail, Office Zone: $2,445.00 per acre
per year of development area as set forth in the site plan or parcel map, and such
rate shall be subject to an increase not to exceed 2% annually;
(c) Industrial Zone: $2,445.00 per acre
per year of development area as set forth in the site plan or parcel map, and such
rate shall be subject to an increase not to exceed 2% annually; and
WHEREAS, if during the first year or any year thereafter the Tax generates
sufficient funds to pay for the entire O&M Expenses and any portion of the O&M
Expenses are paid from sources other than the Taxes, the amount of such portion paid
4821-2602-2400.1
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2004-104
A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO DECLARING INTENTION TO ESTABLISH A
COMMUNITY FACILITIES DISTRICT FOR NEW DEVELOPMENT FOR
THE ONGOING OPERATION AND MAINTENANCE OF A FIRE STATION
FOR THE VERDEMONT AREA AND TO LEVY A SPECIAL TAX WITHIN
SAID COMMUNITY FACILITIES DISTRICT, SETTING A PUBLIC HEARING
THEREON AND AUTHORIZING THE PUBLICATION AND MAILING OF
NOTICE THEREOF (COMMUNITY FACILITIES DISTRICT NO. 1033)
Expenses are paid from sources other than the Taxes, the amount of such portion paid
from other sources of funds shall first be deducted from the total estimated O&M
Expenses and the Tax as levied shall be reduced to include only the remainder of the
O&M Expenses, as applicable; and
WHEREAS, in lieu of paying the Tax annually, a property owner seeking to
develop a parcel within CFn No. 1033 may pay a one time fee (the "In-Lieu Fee")
which fee shall be deposited into an interest bearing reserve account for future O&M
Expenses in the following amounts and for which a further explanation of the In-Lieu
Fee will be described in the Estimated Cost Report:
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19 Industrial Zone $44,358.47 per
20 development as set forth on a site plan of development as an In-Lieu Fee
Residential Zone
dwelling unit anln-Lieu Fee
$6,349.88 per residential
Commercial, Retail, Office Zone $44,358.47 per
development as set forth on a site plan of development as an In-Lieu Fee
acre of
acre of
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WHEREAS, the Tax and the In-Lieu Fee shall be recalculated annually to
reflect (i) any changes in the O&M Expenses, (ii) the annexation of additional property
into CFn No. 1033, (iii) the payment of the O&M Expenses, or any portion thereof,
with funds other than the Tax, (iv) the .amount of In-Lieu Fees available to be applied
for the applicable property for which the calculation is being made, and (v) any other
changes which may affect the estimated O&M Expenses for such year, except that in no
event shall the In-Lieu Fee be increased by more than 2% per year nor shall the Tax be
increased by more than 2% per year, based upon a cost inflation formula to be
computed in the Estimated Cost Report and the Engineer's Report and made a part of
the formation documents for CFn No. 1033, from the previous year for any property
located within CFn No. 1033 that was previously assessed and charged with the Tax in
the immediately preceding year; and
4821.2602.2400.1
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2004-104
A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO DECLARING INTENTION TO ESTABLISH A
COMMUNITY FACILITIES DISTRICT FOR NEW DEVELOPMENT FOR
THE ONGOING OPERATION AND MAINTENANCE OF A FIRE STATION
FOR THE VERDEMONT AREA AND TO LEVY A SPECIAL TAX WITHIN
. SAID COMMUNITY FACILITIES DISTRICT, SETTING A PUBLIC HEARING
3 THEREON AND AUTHORIZING THE PUBLICATION AND MAILING OF
4 NOTICE THEREOF (COMMUNITY FACILITIES DISTRICT NO. 1033)
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WHEREAS, in no event shall the Tax be increased in excess of the annual 2%
amount whether as a consequence of any delinquency or default by the owner of any
other parcels within CFD No. 1033 or due to the application of a annual inflationary
cost adjustment formula; and
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WHEREAS, in no event shall the Tax against any parcel be increased as a
consequence of any delinquency or default by the owner of any other parcel or parcels;
and
10 WHEREAS, upon adoption of this Resolution of Intention the Mayor and
11 Common Council shall direct the City Administrator and the City Engineer to cause to
be prepared an Engineer's Report which shall include the following studies and
12 findings:
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(a) complete a study of proposed CFD No. 1033 and for which there shall be
filed an Engineer's Report with the Mayor and Common Council prior to the time of the'
public hearing setting forth the findings made therein;
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(b) the Engineer's Report shall include a brief description of the services and
16 maintenance of public facilities and the operating costs thereof which will be provided
within CFD No. 1033 which shall be the estimated O&M Expenses and which will be
17 incurred as a result of providing the services which will, in the opinion of the City
officials preparing such Engineer's Report, be required to adequately meet the needs of
18 CFD No. 1033 for the next five (5) years;
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(c) the Engineer's Report shall include an estimate of the cost of providing
for the O&M Expenses forthe first five (5) years for each zone within CFD No. 1033,
including a brief explanation justifying the amount of the Tax for each zone type and
any increase or decrease thereof in subsequent years as well. as the estimated In-Lieu
Fee that may be generated for each zone for all years evaluated in the Engineer's
Report; and
WHEREAS, in the event a Resolution of Formation is adopted pursuant to the
procedures set forth in the Act, then not less than 90 days nor more than 180 days from
the adoption of such Resolution of Formation, a special election of the qualified electors
of proposed CFD No. 1033 consisting of the vacant land intended to be initially placed
within CFD No. 1033 shall be held and the City Clerk shall prepare and distribute
ballots in accordance with Government Code Section 53326; and
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A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO DECLARING INTENTION TO ESTABLISH A
COMMUNITY FACILITIES DISTRICT FOR NEW DEVELOPMENT FOR
THE ONGOING OPERATION AND MAINTENANCE OF A FlRE STATION
FOR THE VERDE MONT AREA AND TO LEVY A SPECIAL TAX WITHIN
SAID COMMUNITY FACILITIES DISTRICT, SETTING A PUBLIC HEARING
THEREON AND AUTHORIZING THE PUBLICATION AND MAILING OF
NOTICE THEREOF (COMMUNITY FACILITIES DISTRICT NO. 1033)
WHEREAS, the Tax shall continue until the earlier to occur of (i) the City
records a Notice of Cessation of Special Tax pursuant to Section 5333Q.5 of the
Government Code or (ii) the fiscal tax year ending June 30, 2034, after which no further
Special Tax shall be collected, except for a Special Tax that was levied prior to the final
tax year that remains delinquent which may be collected in subsequent years.
NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED
BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO, AS FOLLOWS:
Section I. The above Recitals are true and correct in all respects and are
incorporated herein by reference.
Section 2. The Mayor and Common Council hereby intend to establish a
community facilities district and to levy and collect special taxes within Community
Facilities District No. 1033 in accordance with Government Code Section 53311, et
seq., which provides for the formation of a Mello-Ross community facilities district for
the maintenance and operation of the Verdemont Fire Station.
Section 3. In accordance with Government Code Section 53321 the name of
the proposed community facilities district shall be known and designated as
"Community Facilities District No. 1033".
Section 4. It is the intention of the City Council to provide for the purchase,
construction, expansion or rehabilitation of certain real or other tangible property with
an estimated useful life of five (5) years or longer, which is necessary to provide a
continued fire protection service within the Verdemont Area as new development
continues to occur in areas northerly of existing fire station service areas, and that such
new development in the Verdemonl Area, and not existing development, shall be
required 10 pay for the costs of the operations and maintenance of the Vetdemont Fire
'Station.
Section 5. The Mayor and Common Council hereby find and determine that all
of the parcels of land within the boundaries of proposed CFD No. 1033 will be
benefited by the public facilities and services herein proposed. .
Section 6. Notice is hereby given that, in the opinion of the Mayor and
Common Council, the public interest will not be served by allowing the property
owners to enter into a contract for the construction of public facilities and
improvements, as otherwise permitted by Government Code Section 53329.5. .
4821.2602.2400.1
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2004-104
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A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO DECLARING INTENTION TO ESTABLISH A
COMMUNITY FACILITIES DISTRICT FOR NEW DEVELOPMENT FOR
THE ONGOING OPERATION AND MAINTENANCE OF A FIRE STATION
FOR THE VERDEMONT AREA AND TO LEVY A SPECIAL TAX WITHIN
SAID COMMUNITY FACILITIES DISTRICT, SEITING A PUBLIC HEARING
THEREON AND AUTHORIZING THE PUBLICATION AND MAILING OF
NOTICE THEREOF (COMMUNITY FACILITIES DISTRICT NO. 1033)
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8 Section 12. The City Clerk shall endorse certificates on the original and at least
one copy of said map evidencing the aforesaid filing and the date and adoption of this
9 Resolution, and within fifteen (IS) days prior to said hearing, shall file a copy thereof
with the County Recorder of the County of San Bernardino, in which County all of said
10 proposed CFD No. 1033 is located. The County Recorder shall endorse on said copy of
said map the time and date of filing and shall fasten the same securely in a book of
maps of assessment and community facilities districts which he or she shall keep in his
or her office, and index such map by the name of the City of San Bernardino and by the
distinctive designation of the district as shown on such map.
extent of the territory included in proposed CFD No. 1033 and which shall govern for
all details as to the extent ofCFD No. 1033, reference to such map being hereby made
for particulars. Said map contains the name of the City of San Bernardino and a
distinctive designation in words or by number of the district shown thereon.
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Section 13. The adoption of this Resolution is not a project for purposes of
the California Environmental Quality Act ("CEQA"), pursuant to Kaufinan and Broad-
South Bav. Inc. v. Morgan Hill Unified School District (1992) 9 Cal.AppAth 464.
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Section 14. It is the intention of the Mayor and the Common Council to.
establish an appropriations limit for proposed CFD No. 1033 pursuant to Govemment
Code Section 53325.7.
Section IS. Resolution No. 2003-361 is hereby repealed upon adoption of this
19 Resolution.
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Section 16. This Resolution shall take effect upon adoption.
Section 17. The City Clerk shall certify as to the adoption of this Resolution and
shall cause the same to be processed in the manner required by law.
4821-2602-2400.1
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2004-104
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A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO DECLARING INTENTION TO ESTABLISH A
COMMUNITY FACILITIES DISTRICT FOR NEW DEVELOPMENT FOR
THE ONGOING OPERATION AND MAINTENANCE OF A FIRE STATION
FOR THE VERDEMONT AREA AND TO LEVY A SPECIAL TAX WITHIN
SAID COMMUNITY FACILITIES DISTRICT, SEITING A PUBLIC HEARING
THEREON AND AUTHORIZING THE PUBLICATION AND MAILING OF
NOTICE THEREOF (COMMUNITY FACILITIES DISTRICT NO. 1033)
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9 ESTRADA
10 LONGVILLE
11 MCGINNIS
12 DERRY
13 KELLEY
JOHNSON
McCAMMACK
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the
Mayor and Common Council of the City of San Bernardino at a
ioint reltular meeting thereof, held on the 19th day of
April , 2004, by the following vote, to wit:
Council Members:
AYES
NAYS
ABSTAIN
ABSENT
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The foregoing resolution IS hereby approved this /_1 '".,-
April ,2004.
day of
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.~?C (e>:l
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Approved as to
Form and legal content:
/Judith Valles, Mayor
(.5Hy of San Bernardino
By: ..
4821-2602-2400.1
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2004-104
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EXHffiIT "A"
PROPOSED BOUNDARIES OF COMMUNITY FACILITIES DISTRICT
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EXHIBIT -A-
CClIMN1Y FAaLI1IES "'1-'1 NO. 10:5:5
\tRDEMClNT FIRE STA1ICII
lKft~ IIfEA .
illItE QlY fE So\H __
CCUN1Y fE So\H _-. STAlE fE _
PAIN'SI NO
iii
iii
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QlY fE So\H __
<-IS - - c. lICE)
lDITAlI'IE 1IlACT ,_
lDITAlI'IE 1IlACT '_7
a1Y fE So\H __
IICNCA _. ET II.
CXMIWIT/OASS So\H _ UC
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2004-104
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EXHIBIT "B"
FORM OF NOTICE OF HEARING
NOTICE IS GIVEN THAT ON JUNE 7, 2004, AT THE HOUR OF 4:00 P.M., IN THE
REGULAR MEETING PLACE OF THE COMMON COUNCIL, BEING THE.
COUNCIL CHAMBERS, CITY HALL, 300 NORTH "D" STREET, SAN
BERNARDINO, CALIFORNIA 92418, A PUBLIC HEARING WILL BE HELD
WHERE THIS LEGISLATIVE BODY WILL CONSIDER THE ESTABLISHMENT
OF THE PROPOSED COMMUNITY FACILITIES DISTRICT, THE LEVY OF A
SPECIAL TAX IN CONNECTION THEREWITH, THE PROPOSED RATE AND
METHOD OF APPORTIONMENT OF THE SPECIAL TAX AND ALL OTHER
MATTERS AS SET FORTH IN THIS RESOLUTION OF INTENTION, AND THAT
AT THE ABOVE-MENTIONED TIME AND PLACE FOR PUBLIC HEARING,
ANY PERSONS INTERESTED, INCLUDING T AXPA YERS, PROPERTY OWNERS
AND REGISTERED VOTERS, MAY APPEAR AND BE HEARD, AND THAT THE
TESTIMONY OF ALL INTERESTED PERSONS FOR OR AGAINST THE
10 ESTABLISHMENT OF CFD NO. 1033, THE EXTENT OF CFD NO. 1033 OR THE
11 FURNISHING OF THE SERVICES AND FACILITIES, WILL BE HEARD AND
CONSIDERED. ANY PROTESTS MAYBE MADE ORALLY OR IN WRITING.
12 HOWEVER, ANY PROTESTS PERTAINING TO THE REGULARITY OR
13 SUFFICIENCY OF THE PROCEEDINGS SHALL BE IN WRITING AND
CLEARLY SET FORTH IN THE IRREGULARITIES AND DEFECTS TO WHICH
14 THE OBJECTION IS MADE. ALL WRITTEN PROTESTS SHALL BE FILED
WITH THE CITY CLERK ON OR BEFORE THE TIME FIXED FOR THE PUBLIC
15 HEARING. WRITTEN PROTESTS MAYBE WITHDRAWN IN WRITING AT
ANY TIME BEFORE THE CONCLUSION OF THE PUBLIC HEARING.
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IF WRITTEN PROTESTS AGAINST THE ESTABLISHMENT OF CFD NO.
17 1033 ARE FILED BY FIFTY PERCENT (50%) OR MORE OF THE REGISTERED
18 VOTERS, OR SIX (6) REGISTERED VOTERS, WHICHEVER IS GREATER,
RESIDING WITHIN PROPOSED CFD NO. 1033, OR OWNERS OF ONE-HALF
19 (112) OF THE AREA OF LAND PROPOSED WITHIN CFD NO. 1033, THE
PROCEEDINGS SHALL BE ABANDONED. IF SAID MAJORITY PROTEST IS
20 LIMITED TO CERTAIN SERVICES, FACILITIES OR SPECIAL TAX, THOSE
21 SERVICES OR FACILITIES OR THAT SPECIAL TAX SHALL BE ELIMINATED
BY THE COMMON COUNCIL.
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SECTION 6
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Resolution
Mayor & Common Council
Meeting of June 21,2006
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CITY OF SAN BERN",RDINO - REQUEST FOR CvUNCIL ACTION
From: Fred Wilson, City Administrator Subject: Resolution of the Mayor
and Common Council of the City of
Dept: City Administrator San Bernardino declaring and
establishing the formation of a
Date: May 13.1004 Community Facilities District,
authorizing submittal of levy of
special taxes to the qualified electors,
making certain preliminary findings
and overruling protests (CFD NO.
1033).
MeetingDate: 6/21/2004
Synopsis of Previous Council Action:
04119/04 - the Mayor and Common Council approved several items as follows:
. Resolution approving Goals and Policies for the Use of Community Facilities Districts
. Resolution Declaring Intention to Establish a Community Facilities District for New
Development for the Ongoing Operation and maintenance of a fire station for the Verdemont
Area and to levy a special tax. setting a public hearing, and authorizing the publication and
Mailing of Notice Thereof(CFD No. 1033), and repealing Resolution No. 2003-361.
· Resolution approving agreement with special legal counsel regarding CFD No. 1033.
· A Resolution directing the preparation ofa map and an engineer's report for CFD No. 1033.
· Resolution approving Form of Mitigation Agreement in the Verdemont fire station service
area and authorizing execution of the final Form of Mitigation Agreements with participating
developers (CFD No. 1033)
Recommended motion:
Adopt Resolution.
Contact person:
T eri Baker
Phone: 5121
Supporting data attached: Staff Repon & Resolution
Ward:
5
FUNDING REQUIREMENTS:
Amount: None
Source: (Ace! No.)
(Acc! Description)
Finance:
Council Notes:
Agenda Item No.
,
35".
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CITY OF SAN BEIDu..RDINO - u.QJJ.EST FOR CO~NCIL ACTION
STAFF REPORT.
Sublect:
Public Hearing and Resolution of the Mayor and Common Council of the City of San
Bernardino Declaring and Establishing the Formation of a Community Facilities District,
Authorizing Submittal of Levy of Special Taxes to the Qualified Electors, Making
Certain Preliminary Findings and Overruling Protests (CFD No. 1033)
Backl!round:
On April 19, 2004, the Mayor and Common Council approved and adopted a Resolution
Number 2004-104 (Resolution of Intention), which authorized the initiation of
proceedings for the formation of a Community Facilities District for the payment of a
portion of the operations and maintenance costs of the Verdemont Fire Station ("CFD
No. 1033"). Pursuant to the requirements of the "Mello-Roos Community Facilities Act
of 1982" (commencing with Government Code Section 53311, the "Act"), the previously
adopted Resolution of Intention set the public hearing on the formation of CFD No. 1033
for the June 7, 2004 meeting of the Mayor and Common Council. A Notice of a June 7,
2004 public hearing was published on May 26, 2004 in the SUN Newspaper. However,
the meeting was continued until June 21,2004. The Resolution of Intention also, among
other matters, called for the preparation of an Engineer's Report ("Report'') concerning
the operations and maintenance of the fu:e station facilities, and a map of the proposed
boundaries of CFD No. 1033 ("Map") to be recorded with the County of San Bernardino
Auditor/Controller-Recorder's Office. The Map and the Report (copies of which have
been made available at the City Clerk's office) would be approved after the public
hearing as part of the formation proceedings for CFD No. 1033.
Assuming that there is no majority protest by the affected property owners within the.
boundaries ofCFD No. 1033, the Mayor and the Common Council may proceed with the
adoption of the above-referenced Resolution af Formation, which formally establishes
the existence of CFD No. 1033. The Resolution of Formation (which also includes
information contained in the Resolution of Intention, including the Rate and Method of
Apportionment of Special Tax) makes findings regarding the Report and the Map, and
also includes the findings that the proposed special tax levy has not been precluded by
majority protest and that all proceedings regarding the formation of CFD No. 1033 have
been conducted in conformity with the requirements of the Act.
In addition to formally establishing CFD No. 1033, the Resolution of Formation calls for
an election of the qualified electors, namely, the owners ofland within CFD No. 1033, to
approve the levy of the Special Tax. The Resolution of Formation also describes the
procedure for conducting such election, in this case by mailed-ballot election to be
conducted by the City, wherein such landowners would have one vote for each acre of
land he or she owns within the boundaries ofCFD No. 1033.
Since the Act requires that the special landowner election be held at least ninety (90) days
after the public hearing (unless unanimously waived by all of the affected property
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19 to occur in areas northerly of existing fire station service areas. be paid through the levy of a
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RESOLUTION NO. 2004-2tO
A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO DECLARING AND ESTABLISHING THE FORMATION OF A
COMMUNITY FACILITIES DISTRICT, AUTHORIZING SUBMITTAL OF LEvY
OF SPECIAL TAXES TO THE QUALIFIED ELECTORS, MAKING CERTAIN
PRELIMINARY FINDINGS AND OVERRULING PROTESTS (CFD NO. 1033)
WHEREAS. the City of San Bernardino. California (the "City"). is a municipal
corporation and chaner city, duly organized and existing pursuant to the provisions of Ihe
Constitution of the State of California; and
WHEREAS. the Mayor and Common Council of the City have previously adopted
Resolution No. 2004-104 (the "Resolution of Intention") to create Community Facilities
District No. 1033 (TFD No. 1033") pursuant 10 the terms and provisions of the HMello-Roos
Community Facilities Act of 1982." as amended (the "Act"'), Chapter 2.5 of Pan I of Division
2 (commencing with Section 53311 lofthe California Government Code; and
WHEREAS. the Mayor and Common Council have declared their intention that a
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18 a continued fire protection service within the Verdemonl Area as new development continues
ponion of the operations and maintenance of the Verdemont Fire Station, necessary to pro,'ide
special tax; and
WHEREAS, the Mayor and Common Council have directed the Staff of the City 10
prepare appropriate boundary maps for territory which may be included within the boundaries
of CFD No. 1033 (the "Map") and the Map has been presented to the Mayor and Common
Council and has been made a part of the record of the hearing on the Resolution of Intention to
establish CFD No. 1033; and
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A RESOLUTION 0 ;HE MAYOR AND COMMON Co. ClL OF THE CITY OF
SAN BERNARDINO DECLARING AND ESTABLISHING THE FORMATION OF A
COMMUNITY FACILITIES DISTRICT, AUTHORIZING SUBMITTAL OF LEVY OF
SPECIAL TAXES TO THE QUALIFIED ELECTORS, MAKING CERTAIN
PRELIMINARY FINDINGS AND OVERRULING PROTESTS (CFD NO. 1033)
WHEREAS, notice of a public hearing relating to the establishment of CFO No. 1033.
the extent of CFO No. 1033, the furnishing of certain facilities and services. the rate and
method of apportionment of the special tax, and all other related matters have been duly given,
and a report ("Engineer's Report") as ordered by the Mayor and Common Council has been
presented to the Mayor and Common Council and has been made a part of the record of the
hearing on the Resolution ofIntention to establish CFO No. 1033; and
. WHEREAS, the Mayor and Common Council have deternlined that there are less than
twelve (12) registered voters residing within theterritory of CFO No. 1033. and have been for
each of at least ninety (90) days preceding the date of said hearing. and that the facilities and
services to be financed by CFO No. 1033 are necessary to meet increased demands plac<;d upon
the City as result of new development occurring in CFO No. 1033; and
WHEREAS. the Mayor and Common Council intend to submit the levy of the required
special tax to the landowners of CFO No. I 033~ said landowners being the qualified electors as
authorized by law; and
WHEREAS, the Mayor and Common Council have determined that written protests of
fifty percent (50%) or more of the registered voters. or six (6) registered voters. whichever is
greater. residing within the boundaries of the proposed ~istrict, or of owners representing one-
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half (y,) or more of the area of land proposed to be included in CFD No. 1033. were not filed
with the City Clerk on or before the time fixed for said public hearing; and
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A RESOLUTION (, fHE MAYOR AND COMMON CO, CIL OF THE CITY OF
SAN BERNARDINO DECLARING AND ESTABLISHING THE FORMATION OF A
COMMUNITY FACILITIES DISTRICT, AUTHORIZING SUBMITTAL OF LEVY OF
SPECIAL TAXES TO THE QUALIFIED ELECTORS, MAKING CERTAIN
PRELIMINARY FINDINGS AND OVERRULING PROTESTS (CFD NO. 1033)
3 WHEREAS, a public hearing was convened by the Mayor and Common Council on
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June 7, 2004, at the hour of 4:00 p.m.. then continued to and reconvened on June 2 I, 2004. at
the hour of 4:00 p.m., at the regular meeting place of the Mayor and Common Council, being
the Council Chambers, City Hall. 300 North "on Street, San Bernardino, California, 92418. at
which hearing the Mayor and Common Council considered the establishment of CFO No.
1033. the proposed rate and method of apportionment of the special tax therein, and all other
matters as set forth in the Engineer' s Report; and
WHEREAS, all "'Tillen protests and other "'Tillen communications, if any. were
publicly read at said hearing and all persons desiring to be heard were fully heard. and all such
protests and communications have been considered by the Mayor and Common Council. and at
this time the Mayor and Commoll Council are desirous to proceed with the establishment of
CFD No. 1033; and
WHEREAS. at this time all steps and procedures relating to the formation of CFO No.
1033 have been accomplished; and
WHEREAS. the Mayor and Common Council intend at this time to order the
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establishment ofCFO No. 1033.
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A RESOLUTION Ol- . HE MAYOR AND COMMON COU. . ~IL OF THE CITY OF
SAN BERNARDINO DECLARING AND ESTABLISHING THE FORMA nON OF A
COMMUNITY FACILITIES DISTRICT, AUTHORIZING SUBMITTAL OF LEVY OF
SPECIAL TAXES TO THE QUALIFIED ELECTORS, MAKING CERTAIN
PRELIMINARY FINDINGS AND OVERRULING PROTESTS (CFD NO. 1033)
NOW, THEREFORE. BE IT RESOL VED. DETERMINED AND ORDERED BY THE
MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS
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FOLLOWS:
Recitals
Section 1.
The above recitals are all true and correct.
Establishment of Formation ofCFD No. 1033
Section 2.
The Mayor and Common Council hereby establish and declare the [onnation of the
Community Facilities District known and designated as "COMMUNITY FACILITIES
DISTRICT NO. 1033".
District Boundaries
Section 3.
The boundaries and parcels of land in which the public facilities are to be provided and
on which special taxes will be levied in order to pay the costs and expenses lor said public
facilities are generally described as follows:
All property within the boundaries of Community Facilities District No. 1033. as shown
on a map as previously approved by the Mayor and Common Council. said map
designated by the name of CFD No. 1033. a copy of which is on file in the office of the
City Clerk. and as set forth in the Book of Maps of Assessments and Community
Facilities Districts in the in the San Bernardino County Recorder's Oftice. as previously
recorded pursuant to Section 3111 of the Streets and Highways Code.
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A RESOLUTION O. HE MAYOR AND COMMON COt :IL OF THE CITY OF
SAN BERNARDINO DECLARING AND ESTABLISHING THE FORMATION OF A
COMMUNITY FACILITIES DISTRICT, AUTHORIZING SUBMITTAL OF LEVY OF
SPECIAL TAXES TO THE QUALIFIED ELECTORS. MAKING CERTAIN
PRELIMINARY FINDINGS AND OVERRULING PROTESTS (CFD NO. 1033)
Section 4,
Descriotion of Public Caoital Facilities
A general description of the public ca'pital facilities which the Mayor and Common
Council have determined shall be provided within CFD No, 1033. and oCthe incidental
expenses in connection therewith. is as follows: The continued operation and maintenance of
the Verdemont Fire Station. including but not limited to payment of compensation of
employees, including salaries and benefits, maintenance and operation of fire safety vehicles
and the lire station structures. any other expenses required to keep the such equipment and
improvements in fit operating condition and any incidental expenses (collectively. the "O&M
Expenses"), and all necessary administrative expenses of the City, The descriptions contained
herein are general in nature and do not necessarily include all related and appurtenant costs and
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expenses necessary for the proposed facilities and services, For a full and complete description
of said facilities, reference is made to the Engineer's Report. which is entitled "Engineer's
Report, Special Tax District. CFD No, 1033. Verdemont Fire Station Service Area", which is
attached hereto and incorporated herein by this reference as Exhibit "A", and which Engineer's
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22 and Highways Code of the State of California (the "Code"). a continuing lien to secure each
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A RESOLUTION O. fHE MAYOR AND COMMON COL. .CIL OF THE CITY OF
SAN BERNARDINO DECLARING AND ESTABLISHING THE FORMATION OF A
COMMUNITY FACILITIES DISTRICT, AUTHORIZING SUBMITTAL OF LEVY OF.
SPECIAL TAXES TO THE QUALIFIED ELECTORS, MAKING CERTAIN
PRELIMINARY FINDINGS AND OVERRULING PROTESTS (CFD NO. 1033)
Section 5.
Soecial Tax Authorized
That a special tax, except where funds are otherwise available. is hereby authorized.
subject to voter approval, to be levied annually within the boundaries of CFD No.1 033. For
particulars as to the rate and method of apportionment of the proposed special tax. reference is
made to the attached and incorporated Exhibit "B" (the "Rate and Method") which sets forth in
sufficient detail the method of apportionment to allow each landowner or resident within the
proposed District to clearly estimate the annual amount that said person will have to pay for
said facilities and services. Said special tax shall be utilized to pay for the 0 & M Expenses.
Section 6.
Preoaration of Soecial Tax Roll
The office which will be responsible for preparing annually a current roll of special tax
levy obligations by assessor's parcel number and which will be responsible for estimating
future special tax levies pursuant to Section 53340.2 of the Act is the City Clerk. who is hereby
17 further directed to establish procedures to promptly respond to inquiries concerning current and
18 future tax liability.
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Section 7.
Soecial Tax Lien
Upon recordation of a notice of special tax lien pursuant to Section 31145 of the Streets
levy of the special tax shall attach to all non-exempt real property in CFD No. 1033 and this
lien shall continue in force and effect until the special tax obligation is canceled in accordance
with law or until collection of the tax by the Mayor and Common Council ceases in accordance
with the Rate and Method of Apportionment of such special tax.
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A RESOLUTION O. . HE MA YOR AND COMMON COl ~IL OF THE CITY OF
SAN BERNARDINO DECLARING AND ESTABLISHING THE FORMATION OF A
COMMUNITY FACILITIES DISTRICT, AUTHORIZI~G SUBMITTAL OF LEVY OF
SPECIAL TAXES TO THE QUALIFIED ELECTORS, MAKING CERTAIN
PRELIMINARY FINDINGS AND OVERRULING PROTESTS (CFD NO. 1033)
Section 8.
Certification ofMao
. The City Clerk is hereby authorized and directed to endorse the Certi ticate on the ~(ap
evidencing the date and adoption of this Resolution, and is further authorized and directed to
file said Map with the County Recorder of the County of San Bernardino within 10 days after
the approval of the Map, which shall be within 10 days of the adoption hereof.
Section 9.
No Maiority Protest
That protests against the establishment of CFD No.1 033. the extent of CFD No. 1033.
the furnishing of said facilities and services, the rate and method of apportionment of the
special tax. the estimates of the costs thereof, or other related matters. were not signed and dulv
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filed with the City Clerk at or before the time set for said hearing by fifty percent (50%) or
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more of the registered voters, or six (6) registered voters, whichever is greater. or by property
owners of more than one-half (Y,) of the area ofland within the proposed District.
Section 10. Protests Overruled and Denied
Any protests. and each of them. are hereby overruled and denied.
Section II. Aooroval of Enl!ineer' s Reoort
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The Engineer's Report, as now submitted and attached hereto as Exhibit "A", is hereby
approved and is made a part of the record of the hearing. and is ordered to be kept on file in the
City Clerks's Oftice and open for public inspection.
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A RESOLUTION C. ,HE MAYOR AND COMMON Cot elL OF THE CITY OF
SAN BERNARDINO DECLARING AND ESTABLISHING THE FORMA nON OF A
COMMUNITY FACILITIES DISTRICT. AUTHORIZING SUBMITTAL OF LEVY OF
SPECIAL TAXES TO THE QUALIFIED ELECTORS. MAKING CERTAIN
PRELIMINARY FINDINGS AND OVERRULING PROTESTS (CFD NO. 1033)
Section 12. Aooroval of Mao
The Map, as now submitted and attached hereto as Exhibit "C", is hereby approved and
is made a part of the record of the hearing. and is ordered to be kept on file with the transcript
of these proceedings and open for public inspection.
Section 13. Landowners to Vote on Levv of Soecial Tax
Since there are fewer than 12 registered voters within CFD No. 1033, the levy of the
speciai tax shall be submitted to the landowners, as the qualitied electors of CFD No. 1033 with
each acre or portion thereof representing one vote. The ballots for the special election shall be
distributed by personal or mailed delivery to each of the landowners within CFD No. 1033.
Each landowner shall have one vote for each acre or portion thereof that he, she or !t owns
within CFD No. 1033. as provided in Section 53326 of the Act.
Section 14. Citv Clerk Designated Election Onicial
The City Clerk is hereby designated as the election onicial for the purposes of
conducting the election in CFD No.1 033 and is hereby requested to take all steps necessary to
19 hold the election in accordance with the Act and these specitications.
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Section 15.
Submission of Ouest ion of Levv ofSoecial Tax
The Mayor and Common Council hereby submit the .question of levying such special
tax for CFD No. 1033 to the qualified electors within CFD No. 1033. at an election to be held
on Monday, September :20. 2004 at .;;00 p.m.. with each landowner having one (I) vote for
each acre or portion thereof of land which he or she owns within CFD No. 1033, with all
ballots to be submitted to the City Clerk before 12:00 p.m. on September 20. 200.:!. all in
accordance with and subject to the Act, the terms of which shall be applicable to such election.
4833.0718-1 ;681
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A RESOLUTION O. . HE MAYOR AND COMMON COL ;IL OF THE CITY OF
SAN BERNARDINO DECLARING AND ESTABLISHING THE FORMATION OF A
COMMUNITY FACILITIES DISTRICT, AUTHORIZING SUBMITTAL OF LEVY OF
SPECIAL TAXES TO THE .QUALIFIED ELECTORS, MAKING CERTAIN
PRELIMINARY FINDINGS AND OVERRULING PROTESTS (CFD NO. 1033)
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Canvass of Returns
Section 16.
The City Clerk as the election official is authorized to canvass the returns of the election
pursuant to Section 23306 of the Elections Code. and the Mayor and Common Council are
thereafter authorized to certify the results of the election.
Section 17.
Levy of Soecial Tax Following Election
If two-thirds (2/3) of the yotes cast upon the question of levying such special tax are
cast in favor of levying that tax. as determined by the Mayor and Common Council alier the
canyass of the returns of such consolidated election, the Mayor and Common Council may levy
such special tax within the territory of CFO No. !OJ3 under the Act in the amount and for the
purposes as specified in this resolution. Such special tax may be levied only at the rate and
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may be apportioned only in the manner specified in this Resolution. subject to the Act. except
that such special tax may be levied at a rate lower than specilied therein. Such special tax may
be levied only so long as it is needed to pay for the O&M Expenses, together with
administrative and other expenses ofCFO No. 1033. incurred by the City and CFO No. 1033.
Section 18.
Necessity of Services and Facilities
The Mayor and Common Council hereby determine that the O&M Expenses to be
financed by CFO No. 1033. as described above in said Engineer' s Report. are necessary to
.meet increased demands placed upon the City and other local agencies Ilaving jurisdiction
within CFO No. 1033. as a result of development occurring in CFO No. 1033 and that the
qualified electors ofCFO No. 1033 shall be the landowners ofCFO No. 1033.
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A RESOLUTION O. HE MAYOR AND COMMON COt :IL OF THE CITY OF
SAN BERNARDINO DECLARING AND ESTABLISHING THE FORMATION OF A
COMMUNITY FACILITIES DISTRICT, AUTHORIZING SUBMITTAL or LEVY OF
SPECIAL TAXES TO THE QUALIFIED ELECTORS, MAKING CERTAIN
PRELIMINARY FINDINGS AND OVERRULING PROTESTS (CFD NO. 1033)
Section 19. Declaration of Conform it v with Legal Reauirements
The Mayor and Common Council hereby determines that all proceedings prior hereto
were valid and taken in conformity with the requirements of law. and specifically the
provisions of the Act, and that this detemlination is made pursuant to the provisions and
authorization of Section 53325.1 of the California Government Code.
Section 20. Effective Date
This Resolution shall take effect upon adoption.
Section 2 \. Certification
The City Clerk shall certify to the passage" and adoption of this resolution. enter the
same in the book for original Resolutions of the City, and make a minute of passage and
adoption thereof in the records of the proceedings of the Mayor and Common Council of the
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A RESOLUTION 0; HE MAYOR AND COMMON COl :IL OF THE CITY OF
SAN BERNARDINO DECLARING AND ESTABLISHING THE FORMATION OF A
COMMUNITY FACILITIES DISTRICT, AUTHORIZING SUBMITTAL OF LEVY OF
SPECIAL TAXES TO THE QUALIFIED ELECTORS, MAKING CERT AI~
PRELIMINARY FINDINGS AND OVERRULING PROTESTS (CFD NO. 1033)
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I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
and Common Council of the City of San Bernardino at a joint regular
meeting
thereof, held on the 21st day of June , 2004, by the following vote, to wit:
Council Members: Aves Navs Abstain Absent
ESTRADA X
LONGVILLE X
MCGINNIS --L
DERRY ----L
KELLEY. X
JOHNSON ----L
MC CAMMACK -X-
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The foregoing resolution is hereby approved tills
2004.
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f,"', ,"( I ij. . I t.f.J-.
,.rachel G',~lark: Cit~ C,I~rk . . " . . . ,
'J /".1.;, ,.".'1.""1.. L'J..-"L.t/~
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?~,.. day of June "
ith Valles, Mayor
ty of San Bernardino
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SECTION 7
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Engineer's Report
Special Tax District
CFD No. 1033
Verdemont Fire Station Service Area
June 21, 2004
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EXHIBIT A
ENGINEER'S REPORT
SPECIAL TAX DISTRICT
CFD No. 1033
VERDEMONT FIRE ST A nON SERVICE AREA
JI/ne 11,1004
Prepared by
David Evans and Associates, II/c.
And tile
Development Services Department
City Engineer
City of San Bernardino, California
Prepared For
City of San Bernardino, California
Community Facilities District No. 1033
4137-7301-2410.1
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I. INTRODUCTION AND PURPOSE
On April 19, 2004, the Mayor and Common Council of the City of San Bernardino ("City")
approved and adopted "A Resolution of the Mayor and Common Council of the City of San
Bernardino declaring Intention to Establish a Community Facilities District for New
Development for the Ongoing Operation and Maintenance of a Fire Station for the Verdemont
Fire Station Service Area and to Levy a Special Tax within said Community Facilities District,
Setting a Public Hearing Thereon and Authorizing the Publication and Mailing of Notice Thereof
(Community Facilities District No. 1033)" (the "Resolution of Intention"). pursuant to the
provisions of the "Mello-Roos Community Facilities Act of 1982", being Chapter 2.5, Part I,
Division 2, Title 5 of the Government Code (commencing with Section 53311, the "Act"), and
specilically Section 53321.5 thereof.
The Resolution of Intention expressly ordered the filing of a written Engineer's Report of
proposed Community Facilities District No. 1033 ("CFD No. 1033'"), and directed that said
Engineer's Report include the following:
I) A brief description of the services, maintenance and operating costs of public
facilities which will be provided within CFD No. 1033. i.e., the estimated operations
and maintenance expenses of the Verdemont Fire Station. Station No. 232 at 6055
Palm Avenue, San Bernardino, California {'"Station"). including but not limited to
payment of compensation of employees. including salaries and benelits, maintenance
and operation of lire safety vehicles and the fire station structures. any other expenses
required to keep the such equipment and improvements in lit operating condition and
any incidental expenses (collectively. the "O&M Expenses"). which will be incurred
as a result of providing the services and which will in the opinion of the preparer of
the Engineer's Report.be required to adequately meet the needs ofCFD No. 1033 for
the next five (5) years; and
f) An estimate of the cost of providing for the O&M Expenses for the first five (5) years
for each zone within CFD No. 1033. including a brief explanation justifying the
amount of the Special Tax for each zone type and any increase or decrease thereof in
subsequent years as well as the estimated In-Lieu Fee that may be generated for each
zone for all years evaluated in the Engineer's Report.
Accordingly. the authorized representatives of the City have caused this Engineer's Report of
CFD No. 1033 to be prepared by David Evans & Associates, Inc.. pllrsuant to the provisions of
the Act and the Resolution of Intention.
This Engineer's Report is intended to provide background information and factual data to enable
the Mayor and Common Council to take appropriate actions to impose the requirements upon
new development within the Verdemont Fire Station Service Area for funding of a portion of the
O&M Expenses to serve operations and maintenance of the Station.
48ZZ.7426.l/6%.\ [I)do<
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II. BACKGROUND
c:. a) It is appropriate and desirable for the City to institute a partial funding .source (i.e. thU..
proposed CFD No. 1033) in order to ofTset the costs of the normal operatmg expenses of
the Station that would otherwise be required to be paid in total by the City General Fund.
(b) Existing residential structures will not be included in the proposed CFD No. 1033.
Special taxes of CFD No. 1033 will be imposed only on new residential, commercial,
office, and industrial development within the Verdemont Fire Station Service Area.
The City has theJegal abilitv urin the enviro view of .proposed dev~l?pme~t
within the Area that woUI:r-~QUlre e owner or t e owner s deSignee) In n~rttCIPate!
5FD ~. 103] and pay a "SpeclaM-ax" for a portion of the O&M Expenses, (or. in t e
a tema Ive, prior to the issuance of each certificate of occupancy for residential
development, pay an "In-Lieu Fee" in the amount [for the Initial Fiscal Year 2004-2005]
of $6,349.88 per dwelling unit. whether for a single family or a multi-family unit. and
prior to the issuance of each certificate of occupancy for
commercial/retail/office/industrial zoning classifications pay an in-lieu fee in the amou
of $44,350.47 per acre of development as set forth on a site plan of development). The
Special Tax shall be increased by an amount not to exceed 2 % of the amount in effect for
the previous Fiscal Year, up to the Fiscal Year commencing July I, 2033. The Special
Tax shall terminate as to such Assessor's Parcel at the close of the thirtieth (30Ih) Fiscal
Year following the beginning of the Initial Fiscal Year 2004-2005, i.e., the Special Tax
shall terminate as of June 30. 2034. See Exhibit "A". "Calculation and assumptions for
tinal Verdemont Fire Station CFD special tax". This requirement would apply only to
new residential, commercial. retail and industrial development within the Verdemont Fire
Station Service Area.
(c) On April 19, '2004. the Mayor and Common Council approved and adopted the
Resolution of Intention, which authorized the initiation of proceedings for the formation
of CFD No. 1033. The Resolution of Intention set the public hearing on the formation of
CFD No. 1033 for the June 7, 2004 meeting of the Mayor and Common Council, which
hereby was continued to June 21. 2004. Notice of the June 7. 2004 public hearing was
published on May 26, 2004. and notice was republished regarding the hearing's
continuance to June 21, 2004.
(d) The Resolution of Intention also called for the preparation and the recordation of a map
of the proposed boundaries of CFD No. 1033 ("Map") to be recorded with the County of
San Bernardino Auditor/Controller-Recorder's Office. A copy of the Map is attached
hereto as Exhibit "C". The Map and this Engineer's Report (copies of which have been
made available at the City Clerk's office) would be approved after the public hearing as
part of the formation proceedings for CFD No. 1033.
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(e) Assuming that there is no majority protest by the affected property owners within the
boundaries of CFD No. 1033. the Mayor and the Common Council may approve a
"Resolution of Formation". which formally establishes the existence of CFD No. 1033.
The Resolution of Formation (which includes information contained in the Resolution of
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Intention and attaches the Rate and Method of Apportionment of Special Tax for CFD
No. 1033as an exhibit) makes findings regarding the Report and the Map. including the
findings that the proposed special tax levy has not been precluded by majority protest
and that all proceedings regarding the formation of CFD No. 1033 have been conducted
in conformity with the requirements of the Act.
(f) In addition to formally establishing CFD No. 1033. the Resolution of Formation calls for
an election of the qualified electors. The City has determined that there are less than
twelve (12) residents within the proposed boundaries ofCFD No. 1033. meaning that the
qualitied electors are the owners ofland within CFD No. 1033. to approve the levy of the
Special Tax. The Act requires that the special landowner election be held at least ninety
(90) days atler the public hearing (unless unanimously waived by alf of the affected
property owners, in which event the election may be held at an earlier date). the
Resolution of Formation sets such special landowners election for the meeting of
September 20, 2004. and calls for all ballots to be received at a specified time prior to the
meeting. If two-thirds (2/3) of the ballots approve the levy and collection of the special
tax within CFD No. 1033, then the Mayor and Common Council will be presented a
resolution canvassing the results of the election and an ordinance (for first reading)
imposing the special tax levy on the property owners within CFD No. 1033, at the
September 20, 2004 meeting of the Mayor and Common Council. The Resolution of
Formation also describes the procedure for conducting such an election, in this case by
mailed-ballot election to be conducted by the City. wherein such landowners would hav~
one vote for each acre of land he or she owns within the boundary ofCFD No. 1033.
(g) The City has concurrently with the adoption of the Resolution of Intention approved the
form of the Mitigation Agreement for CFD No. 1033. which provides that participating
property owners agree to pay for the formation expenses incurred by the City relative to
the establishment ofCFD No. 1033. Accordingly. the costs associated with the formation
of CFD No. 1033 will be borne by partIcipating landowners.
III. NECESSITY FOR AN ADDITIONAL FIRE STATION IN VERDEMONT FIRE
STATION SERVICE AREA
In~ City Fire Department administrative staff requested that a process be developed to study
and adopt emergency service delivery management and planning standards. This was prompted
in part by the need to consider the addition of a fire station to serve the Verdemont Fire Station
Service Area. Without planning standards, the Verdemont Station concept could not be evaluated
objectively.
Subsequently, the Mayor and Common Council approved the establishment of a~
Planninl! Standards Ad l;Ioc Committ'if (the "Committee") on September 21, 19~
~8, the Committee began meetmg to study and analyze topics relevant to establishing
emergency service delivery standards.
On March 28. 2000. the Committee agreed upon certain standards to recommend to the Mayor
and Common Council for adoption. The standards and other recommendations are listed below.
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A. Recommended Standards
. Dispatch processing time shall be sixty (60) seconds or less for 90% of Calls for
Service (CFS).
. Turnout time shall be 60 seconds or less for 90% ofCFS.
. Drive time from fire station to arrival on-scene at incidents shall be live (5) minutes
or less for 90% of CFS.
B. Other Recommended Actions
. Automate the emergency medical pre-arrival and priority dispatching system.
. Adopt a fire station siting plan that is consistent with the 5-minute drive time
standard.
. Study and analyze issues pertinent to the City's relatively high emergency incident
call volume.
An analysis of calendar year 2002 CFS to the Verdemont Fire Station Service Area showed that
the 5 minute drive time standard was met for about 45% of245 CFS. This quantified the need for
a fire station to serve the Verdemont Fire Station Service Area.
IV. STRUCTURE OF THE SPECIAL TAX
(a) This Report and the proposal Gontained herein deal solely with the levy of the
Special Tax for the payment of certain operating and maintenance costs of the Station, not the
debt service or other capital outlay and replacement costs associated with any public facility.
Section IV.(d) below sets forth the items that are deemed to be the "Included Items" and the
"Excluded Items" of those which are eligible for payment by the City from the Special Tax
levied within the CFD No. 1033. CFD No. 1033 will be limited solely to the payment of those
Included Items related to the operation and maintenance of the Station. The City will impose an
annual Special Tax lien upon all property within the CFD No. 1033 and the City will ensure that
the Special Taxes are paid by each property owner in the same manner as the general property
taxes are paid to the County of San Bernardino. The City reserves the right to enforce any and
all unpaid Special Taxes and the liens thereof, including interest and penalties and collection
costs, in the manner authorized by the Act through a separate legal action to be filed by the City
separate and apart from any tax collection proceedings initiated by the County of San Bernardino
for the payment of defaulted general property taxes.
tb) The Special Tax shall be levied in conformance with the Rate ana Method of
Apportionment of Special Tax - Community Facilities District No. 1033, City of San Bernardino
("'Rate and Method") (the Rate and Method is set forth as Exhibit "B" hereto).
(c) All of the property located within CFD No. 1033. unless exempted by law or by
the Rate and Method, shall be subject to the Special Tax. Each year the Special Tax shall be
levied subject to the methodology and Maximum Special Tax limits of the Rate and Method.
The Special Tax imposed is a "special tax and not a special assessment, and there is no
requirement that the tax be apportioned on the basis of benefit to any property", pursuant to
Section 53325.3 of the Act. The Special Tax may be "on or based on a benefit received by
4822-7426-9696.1 (1).00<
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parcels of real property, the cost of making facilities or authorized services available to each
parcel, or some other reasonable basis as determined by the legislative body"; however, the
Special Tax may not be apportioned on an ad Wllorem basis pursuant to Article XIIIA of the
California Constitution.
(d) The costs of the annual O&M Expenses of the Station shall only include the
following described Included Items and shall specifically exclude the Excluded Items from
payment through the CFD No. 1033:
(i) Included Items: Personnel costs, salaries, benefits, administrative charges,
bookkeeping and accounting incurred by the Fire Department (or other related City
Departments); repair and maintenance of all buildings, facilities, personal equipment and
firefighting equipment exclusive of the acquisition costs of any vehicles of any nature but
including the repair and maintenance, oil, fuel, tires, insurance, and upkeep of all such
vehicles; uniforms, firefighting protective equipment and clothing; hoses, ladders, and
other firefighting and life safety and protective equipment and first aid and CPR
equipment; utilities, furnishings, food, paper products, office products and office
equipment and supplies, communications equipment, radios, computers and telephones;
building maintenance and upkeep, landscape maintenance and supplies, painting of
buildings, replacement of worn or broken building components that are typically
accounted by the City as expense items and not as capital improvement items.
(ii) Excluded Items: Excluded items are all items that are not for the direct operation
and/or maintenance of the Station. These include but are not limited to the following:
construction of the fire station. purchase or lease of any lire truck. pick-up truck.
ambulances or any other motorized vehicles: and/or the replacement or upgrade of any
component of the Station that has a useful life of more than 10 years.
(e) Since 2002 there has been an increased interest in development within the
Verdemont Fire Station Service Area, and there are potentially 382 single family residential
housing units that could be constructed within the initial boundaries of the CFD No. ] 033 within
the next ten (10) years. Such new construction activity will exacerbate the need for the Station
and particularly as development trends in the Verdemont Fire Station Service Area extend
northerly towards Little League Drive and northerly from Little League Drive into the Devore
area of the City. The third property acquired by the EDA in 1999, known as the "Bice" property
(Parcell). is severely impacted by the lack of a suitable final tract map, the designation of the
"Bice" property as critical habitat for the San Bernardino Kangaroo Rat. and the requirement for
numerous l100d control and street realignment projects as a condition of development. The Bice
property is located northerly of Little League Drive and in the area most impacted by the present
lack of a fire station in the Verdemont Fire Station Service Area.
(I) Several developers representing the vacant land holdings, eXlstmg developers
with projects in the area, and other interested parties have once again contacted the City to
express interests to initiate development activities within the Verdemont Fire Station Service
Area. Based upon improvements in the general real estate market for single-family residential
development within the City and the availability of low interest rate mortgage financing at this
time, the City anticipates that additional demands will be placed upon the infrastructure needs
4822-742&-9696.1 (I].doc
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a [ wil~in th~ V ~rdemont Fire Station Service Area upon the d~\'elopment of the pr~sently proposed I
.t=J~. ::J
(g) A May 2004 estimate of the projected number of residential housing units
comprises four "parcels" within the Verdemont Fire Station Service Area identified as Nos. 1-4
on the Proposed Community Facilities District No. 1033 Map. Parcell (Century Village Homes.
Alternative "C". formerly the Bice property) is projected to contain 275 housing lots. Parcel 2 is
owned by the Cityand currently there are 19 housing units planned. Parcel 3 is Tentative Tract
No. 15940, owned by Monica Morrow. et ai, and currently shows 41 housing lots. Parcel 4 is
Tentative Tract No. 16457, owned by Covenant/Oasis San Bernardino LLC, and contains 47
housing lots. The following chart sets forth the assumptions that can be utilized for purposes of
determining the cost per unit of the Verdemont Special Tax District and the burden that may be
experienced by the City in connection with the operation and maintenance of the Verdemont Fire
Station.
Housing Units Exempt from Special Tax:
o
Housing Units to be built:
382
A verag~ square footage of houses to be built:
2.000
Square footage of commerciallretailto be built
o
e
Square footage of industrial to be built
o
(i) Future annexation of properties in the Verdemont Fire Station Service Ar~a as
new development continues will be accomplished in conformance with the Act and will be
subj~ct to all conditions and obligations ofCFD No. 1033.
(j) No bonds shall be issued in relation to CFD No. 1033.
e\
V. CONCLUSION
~822.7~26-9696111J.doc
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It is the' . . However.
11 IS necessary to proVI e or a necessary public servIces for suc new eve opment. it is
anticipated that this can be accomplished within the Verdemonl Station Service Area both with
the imposition of CFD No. 1033 to pay for ongoing operation and maintenance of the Station.
With CFD No. 1033. the City should have an enhanced ability to meet its planning standards and
provide adequate fire protection service to the areas which are presently outside of the existing
fire station service areas. The imposition of CFD No. 1033 special taxes wi ovide th .
with the funding for a portion of the annual 0 eration and maintenance costs 0 the at
4822-7426-9696.1 [11.do<
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EXHIBIT "B"
RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX
COMMUNITY FACILITIES DISTRICT NO. 1033
CITY OF SAN BERNARDINO
This Rate and Method of Apportionment of this Special Tax sets forth the special tax
applicable to each Assessor's Parcel within Community Facilities District No. 1033 ("CFD No.
\ 033") of the City of San Bernardino ("City") to be levied and collected according to the special
tax liability determined by the Common Council of the City. acting as the Legislative Body of
CFO No. 1033. The applicable Special Tax shall be determined pursuant to the application of the
appropriate amount or rate as described below. All Taxable Property within CFO No. 1033,
unless exempted bylaw. or the provisions of Section E. below. shall be subject to the applicable
Special Tax levied and collected to the extent and in the manner herein provided.
This Rate and Method of Apportionment also is provided as an explanation to allow
landowners or residents within CFO No. 1033 to estimate the Special Tax to be annually levied
and collected, or prepaid, as the case may be. with regard to property within CFO No. 1033.
A.
Definitions
"Act"" means the Mello-Roos Community Facilities Act of 1982, as amended, being
Chapter 2.5 (commencing with SectiOll' 533\\) of Oivision 2 of TitleS of the California
Government Code.
"Administrative E1'pense" means any costs incurred by the City on behalf of CFO No.
1033 related to the determination of the amount of the annual levy of the Special Tax. the
collection of the' Special Tax. and the other costs incurred in order to carry out the
authorize~ purposes of CFD No. 1033.
"Special Tax" means the special tax to be levied in each Fiscal Year pursuant to Sections
C. and D. on each Assessor's Parcel for a period not to exceed 30 years including the
Initial Fiscal Year.
"Assessor's Parce\"' means a parcel of land as designated on an official map of the San
Bernardino County Assessor which has been assigned a discrete identifying parcel
number.
"Commercial/Retail/Office/lndustrial Property" means property zoned for commercial.
retail. office or industrial uses or other non-residential uses.
"Common Council"' means the Common Council of the City of ';;an Bernardino.
~K~I..100;.1'/681
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"Residential Property" means for any Fiscal year all Taxable Property for which a
foundation building permit for single family or multi-family units was issued prior to
May I preceding the Fiscal Year in which the Special Tax is being levied.
"Facilities" means the Fire Station Services as may be identified in the Community
Facilities District Engineer's Report prepared for CFD No. 1033 on file in the Office of
the City Clerk, or the continued operation and maintenance of the Verdemont Fire
Station, including but not limited to payment of compensation of employees, including
salaries and benefits, maintenance and operation of fire safety vehicles and the fire station
structures, any other expenses required to keep the such equipment and improvements in
fit operating condition and any incidental expenses (collectively, the "O&M Expenses")
to be financed by CFD No. 1033 pursuant to the Act.
"Fiscal Year" means the period starting on July 1st and ending the following June 30th.
''In-Lieu.Fee'' means a one-time fee, which fee shall be deposited into an interest bearing
reserve account for future O&M Expenses in the following amounts and for which a
further explanation of the In-Lieu Fee will be described in an estimated cost report:
Residential Zone
$6.349.88 per residential dwelling unit as an [n-
Lieu Fee
Commercial. Retail, Oflice Zone
$~4,358.47 per acre of development as set forth on'
a site plan of development as an In-Lieu Fee
Industrial Zone
$44,358.47 per acre of development as set forth on
a site plan of development as an In-Lieu Fee
"Land Use Class" means any 'of the classes of Property listed in Table I and Table 2,
below.
"Project" means any project undertaken for the purpose of development involving the
approval or issuance of any permit or entitlement for use by any governmental agency
and includes all such permits and entitlements for use whether classilied as quasi-
legislative, quasi-judicial or ministerial in nature. including, but not limited to, the
adoption, amendment, approval or issuance of any general plan, specilic plan, master
plan, zoning ordinance. tentative subdivision map, tentative parcel map, linal subdivision
map, final parcel map, variance. conditional use permit, site plan, plot plan. development
plan, annexation, public utility connection, building permit and certificate of occupancy,
'Taxable Property" means all Assessor's Parcels within the boundaries ofCFD No. 1033
which are not exempt from the Special Tax pursuant to the Act and the provisions of
Section E. herein.
..1811--100;.1968.1
Z004-11U
__8.
Assignment to Land Use Classes
As soon as practicable, as of May I for the next succeeding Fiscal Year. all Taxable
Property within CFD No. 1033 shall be categorized as Residential Property or either
Commercial/Retail/Officellndustrial Zone Property. Taxable Property shall be subject to
a Special Tax pursuant to Sections C. and D. below.
c.
Special Tax
1. Residential Property
The Special Tax for each Assessor's Parcel classified as Residential Property
shall be the amount determined by reference to Table I and the paragraphs that
followTable \.
Table I
Special Tax Rates for Residential Property
(For the Initial Fiscal Year 2004-05)
Land Use Class
Land Use DescriDtion
Special
Tax Per Unit 12004-05)
I
2
Single Family Detached Unit
Multi-Family Unit/Attached Dwelling Unit
$350.00
$350.00
_
[n determining the Special Tax which may be levied in any Fiscal Year, on July 1. 2005. and on
each July I thereafter. the Special Tax shall be increased by an amount not to exceed 2 % of the
amount in effect for the previous Fiscal Year, up to the Fiscal Year commencing July 1. 2033.
The Special Tax shall terminate as to such Assessor's Parcel at the close of the thirtieth (30In)
Fiscal Year following the beginning of the Initial Fiscal Year 2004-2005, i.e., the Special Tax
shall terminate as of June 30,2034.
2, Commercial/Retail/Office/lndustrial Zone Property
The Special Tax for each Assessor's Parcel classified as either Commercial,
Retail. Office, or Industrial Zone Property shall be the amount determined by
reference to Table 2 and the paragraphs that follow Table 2.
Land Use Class
Table2
Special Tax Rates for Commercial/Retail/Office/lndustrial Zone Propel1y
(For the Initial Fiscal Year 2004-05) ,
Special
Tax Per Acre (2004-05)
Land Use Descriotion
-\
,
J
4
5
6
Commercial
Retail
Oflice
Industrial
$2.445.00
$2.445.00
$2.445.00
$2.445.00
~821-400;-19681
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In determining the Special Tax which may be levied in any Fiscal Year. on July I. 2005. and on
each July 1 thereafter. the SpeCial Tax shall be increased by an amount not to exceed 2 % of the
amount in effect for the previous Fiscal Year. up to the Fiscal Year commencing July I. 2033.
The Special Tax shall terminate as to such Assessor's Parcel at the close of the thirtieth (30'h)
Fiscal Year following the beginning of the Initial Fiscal Year 2004-2005. i.e.. the Special Tax
shall terminate as of June 30. 2034.
D. Method of Apportionment ofthe Special Tax
Commencing with Fiscal year 2004-05. and each Fiscal Year thereafter. the Council shall
determine the Special Tax to be collected from Taxable Property in CFD No. 1033. The
Council may levy the Special Tax on all Assessor's Parcels of Development Property by
levying the Special Tax for Land Use Classes I, 2, 3, 4, 5 and 6.
E.
Limitations
The Council shall not levy a Special Tax on properties owned by the State of California,
federal or other local governments. except as otherwise provided in Sections 53317.3 and
53317.5 of the Act. Property which becomes the propel1y of the State of California, the
lederal government or other public agency is liable for the Special Tax levied in the
Fiscal Year during which such transfer occurs and will be subject to the Special Tax in
each Fiscal Year thereafter under the original Land Use Class for such Assessor' s Parcel.
Such Assessor's Parcel may be exemp.ted. at the direction. and in the discretion. of the
Council in any Fiscal Year.
F.
Prepayment of the Special Tax
Any owner of property within CFD No. 1033 may discharge the Special Tax obligation
in full or in part, by making payment pursuant to the applicable Sections F: I. or F. 2 as
follows:
I. Upon the Approval of a Tentatin or Parcel Map
At the time of approval of a tentative or parcel map. the owner of such residential
unit may prepay the Special Tax in full or in part by making a cash payment to
CFD No. 1033, in which case the Special Tax for the Initial Fiscal Year. and each
Fiscal Year thereafter, shall be reduced according to the following steps:
a. Determine the maximum prepayment if the owner were to prepay the
Special Tax in entirety. For example, for Projects approved prior to July I.
2005, the maximum prepayment for each residential unit is $6,439.88 and
for each acre of development as set forth on a site plan of development for
Commercial/Retail/Office or Industrial zone property is $44,358.47.
b.
Determine the property's revised Special Tax by multiplying the
property's applicable Special Tax for the Initial Fiscal Year determined
4821.-I005.1l~68 I
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2004-210
pursuant to Section C. I. by one minus the quotient obtained by dividing
the cash payment made by the owner pursuant to this Section F. I .b. by
the maximum prepayment obligation determined pursuant to Section F. I
.a. The property's revised Special Tax for the Initial Fiscal Year. and each
Fiscal Year thereafter, shall be the Special Tax for the applicable land use
designation (Residential or Comrnercial/Retail/Office/Industrial zone
Property) for purposes of Sections C. and D. herein.
2.
After the Approval of the Tentative MaplParcel Map
After the time a tentative or parcel map has been approved. and prior to May I for
the next succeeding Fiscal Year, the owner of such parcel may prepay the Special
Tax in full or in part by making a cash payment to CFD No. 1033. in which case
the Special Tax for the applicable Fiscal Year. and each Fiscal Year thereafter,
shall be reduced according to the following steps:
a. Compute the present value of the Special Tax using a period equal to the
lesser of the remaining teon for which the Special Tax may be levied on
such parcel: then
b.
Multiply the amount determined in Section F.2.a: above, by the owner's
desired prepayment percentage (which shall be a minimum of twenty
percent (20%) of the present value of the total Special Tax) to determine
the prepayment amount subject to additional adjustments as specified
below: then
c. Add the following to the result of Section F.2.b.:
i) Unpaid special taxes. interest and penalties. if any. which have
been entered on the Assessor's tax roll: and
iv) a $75 administrative charge per Assessor Parcel.
d. The Special Tax applicable to property utilizing a prepayment percentage
less than 100% shall be revised in the Fiscal Year following the date of
prepayment by multiplying such property's Special Tax by the
prepayment percentage actually determined in' Section F.2.b. Such
property's revised Special Tax for the Fiscal Year following the date of
prepayment, and each Fiscal Year thereafter. shall be the Special Tax for
such property for purposes of Sections C. and D. herein.
In no event shall the In-Lieu Fee be increased by more than 2% per year nor shall the Tax
be increased by more than 2% per year. based upon a cost inflation formula to be continued in
the Estimated Cost Report and the Engineer's Report and made a part of the formation
documents for the District from the previous year for any property located within the District
ihat was previously assessed and charged with the Tax in the immediately preceding year. The
4821-100;.1068.1
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Special Tax and the In-Lieu Fee shall be recalculated annually to reflect (i) any changes in the
O&M Expenses. (ii) the annexation of additional property into the District. (iii) the payment of
the O&M Expenses. or any portion thereof. with funds other than the Tax. (iv) the amount of In-
Lieu Fees available to be applied for the applicable for which the calculation is being made. and
(v) any other changes which may affect the estimated O&M Expenses for such year.
G. Manner of Collection
The Special Tax will be collected in the same manner and at the same time as ordinary ad
valorem real property taxes. The Special Tax shall be subject to the same penalties and
the same procedure. sale and lien priority in case of a delinquency as provided for with
ad valorem taxes. The collection of the Special Tax shall otherwise be subject to the
provisions of the Act. The Common Council reserves the power to provide for alternative
means of collection of special taxes as permitted by the Act.
H.
Termination of Special Tax Le\'y
Provided that Special Taxes previously levied on an Assessor's Parcel are not delinquent.
the lien of special taxes of CFD No. 1033 shall terminate as to such Assessor's Parcel at
the close of the thirtieth (30) Fiscal Year following the beginning of the Initial Fiscal
Year lor such Assessor's Parcel. Furthermore. provided an owner within CFD No. 1033
fully and completely discharges their special tax obligation pursuant to Sections F.l
and/or F.2.the lien of special taxes ofCFD No. 1033 shall terminate.
~
Pursuant to Section 53330.5 of the Act, the Common Council shall. upon written request,
cause to be recorded in the ofticial records of San Bernardino County a Notice of
Cessation of Special Tax Lien for each Assessor's Parcel upon termination of the lien on
such Assessor' s Parcel.
l.
Review/Appeal Board.
The Council shall establish. as part of the proceedings and administration of CFD No.
1033, a special Review/Appeal Board. Any landowner who feels that the amount of the
Special Tax, as to their Assessor's Parcel, is in error may file a notice with the
Review/Appeal Board appealing the amount of the levy. The Review/Appeal Board shall
interpret this Rate and Method of Apportionment of the Special Tax and make
determinations relative to the annual administration of the special tax and any landowner
appeals. as herein specified.
. ~8lI-400;-1 %81
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EXHIBIT "e"
COMMUNITY FACILITIES DISTRICT NO. 1033
VERDEMONT FIRE STATION.
SERVICE AREA
IN THE CITY OF SAN BERNARDINO
CCUNTY OF SA.N BERNARDINO. STATE OF CALIFORNIA
P.ARCfL NO.
m
ill
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OWNER
REDEVELOPMENT ActNCY or THE
ClTv or SAN BERNARDINO
CITY or SAN BERNARDINO
MONICA "'ORROW. (T AL
COVENANT/OASIS SAN BERNARDINO. LLC
TENTAnVE TRACT 15940
TENTATIVE TRACT 16457
__~u___m- - SHEET 2 - - - --l
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r1l.ED AT Rl:auEST ~ ON a.ERIf
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-----~----------
EXHIBIT "e"
COMMUNITY FACILITIES DISTRICT NO. 10.3.3
VERDEMONT FIRE STATION
SERVICE AREA
IN THE CITY OF SAN BERNARDINO
COUNTY OF S"N BERNARDINO. ST." TE OF CALIFORNIA
SH(ET 2 or J
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EXHIBIT "c"
COMMUNITY FACILITIES DISTRICT NO. 1033
VERDEMONT FIRE STATION
SERVICE AREA
IN THE CITY OF 5AN BERNARDINO
COUNTY OF SAN BERNARDINO. 5T A TE OF CALIFORNIA
SI1((T J or J
. DAVIO PAN.
_&..OC:lAT.. _
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EXHIBIT A
ENGINEER'S REPORT
SPECIAL TAX DISTRICT
CFD No. 1033
VERDEMONT FIRE STATION SERVICE AREA
June 11,1004
Prepared by
David E~'ans and Associates, Inc.
And tI,e
Development Services Department
City Engineer
City of San Bernardino, California
Prepared For
City of San Bernardino, California
Community Facilities District No. 1033
4837-7301-2480.1
2004-210
e - I. INTRODUCTION AND PURPOSE
On April 19, 2004, the Mayor and Common Council of the City of San Bernardino ("City")
approved and adopted "A Resolution of the Mayor and Common Council of the City of San
Bernardino declaring Intention to Establish a Community Facilities District for New
Development for the Ongoing Operation and Maintenance of a Fire Station for the Verdemont
Fire Station Service Area and to Levy a Special Tax within said Community Facilities District,
Setting a Public Hearing Thereon and Authorizing the Publication and Mailing of Notice Thereof
(Community Facilities District No. 1033)'" (the "Resolution of Intention"), pursuant to the
provisions of the "Mello-Roos Community Facilities Act of 1982", being Chapter 2.5, Part I,
Division 2, Title 5 of the Government Code (commencing with Section 53311, the "Act"), and
specitically Section 53321.5 thereof.
The Resolution of Intention expressly ordered the filing of a written Engineer's Report of
proposed Community Facilities District No, 1033 ("CFD No. 1033"), and directed that said
Engineer's Report include the following:
e
I) A brief description of. the services, maintenance and operating costs of public
facilities which will be provided within CFD No.1033, i.e., the estimated operations
and maintenance expenses of the Verdemont Fire Station, Station No. 232 at 6055
Palm Avenue, San Bernardino, California ("Station"), including but not limited to
payment of compensation of employees, including salaries and benefits. maintenance
and operation of fire safety vehicles and the fire station structures, any other expenses
required to keep the such equipment and improvements in tit operating condition and
any incidental expenses (collectively, the "O&M Expenses"), which will be incurred
as a result of providing the services and which will in the opinion of the preparer of
the Engineer's Report. be required to adequately meet the needs of CrD No. 1033 for
the next five (5) years; and
;U An estimate of the cost of providing for the O&M Expenses for the first five (5) years
for each zone within CFD No. 1033. including a. brief explanation justifying the
amount of the Special Tax for each zone type and any increase or decrease thereof in
subsequent years as well as the estimated In-Lieu Fee that may be generated for each
zone for all years evaluated in the Engineer's Report.
Accordingly. the authorized representatives of the City have caused this Engineer's Report of
CFD No. 1033 to be prepared by David Evans & Associates, Inc.. pursuant to the provisions of
the Act and the Resolution of Intention.
This Engineer's Report is intended to provide background information and factual data to eriable
the Mayor and Common Council to take appropriate actions to impose the requirements upon
new development within the Verdemont Fire Station Service Area for funding of a portion of the
O&M Expenses to serve operations and maintenance of the Station.
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4i22.7426.Q6961 (I)do,
EIlSl~co.I'5 Repun CFD:'oIo IOjj 6.14.l).l
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2004-210
II. BACKGROUND
~a) It is appropriate and desirable for the City to institute a partial funding source (i.e. thU
proposed CFD No. 1033) in order to otTset the costs of the normal operating expenses of
the Station that would otherwise be required to be paid in total by the City General Fund.
(b) Existing residential structures will not be included in the proposed CFD No. 1033.
Spe.cialtaxes of CFD No. 1033 will be imposed only on new residential, commercial,
office, and industrial development within the Verdemont Fire Station Service Area.
The City pas tl1e.lel!.al abilitv durin the em'iro e view of proposed development
within the Area that wou~~r or t e owners designee)Jn Mr1iciDate~
,FD ~o. 103) and pay a ,.~ a portion of the O&M Expenses, (or, In t e
a tema tve, prior to the issuance of each certificate of occupancy for residential
development. pay an "In-Lieu Fee" in the amount [for the Initial Fiscal Year 2004-2005]
of $6,349.88 per dwelling unit. whether for a single family or a multi-family unit. and
prior to the issuance of each certificate of occupancy for
commercial/retail/office/industrial zoning classifications pay an in-lieu fee in the amou
of $44,350.47 per acre of development as set forth on a site plan of development). The
Special Tax shall be increased by an amount not to exceed 2 % of the amount in effect for
the previous Fiscal Year, up to the Fiscal Year commencing July 1,2033. The Special
Tax shall terminate as to such Assessor's Parcel at the close of the thirtieth (30th) Fiscal
Year following the beginning of the Initial Fiscal Year 2004-2005. i.e., the Special Tax
shall terminate as of June 30. 2034. See Exhibit "An. "Calculation and assumptions for
tinal Verdemont Fire Station CFD special tax". This requirement would apply only to
new residential, commercial. retail and industrial development within the Verdemont Fire
Station Service Area.
(c) On April 19, 2004, the Mayor and Common Council approved and adopted the
Resolution of Intention. which authorized the initiation of proceedings for the formation
of CFD No. 1033. The Resolution of Intention set the public hearing on the formation of .
CFD No." 1033 for the June 7. 2004 meeting of the Mayor and Common Council. which
hereby was continued to June 21. 2004. . Notice of the June 7. 2004 public hearing was
published on May 26, 2004, and notice was republished regarding the hearing's
continuance to June 21. 2004.
(d) The Resolution of Intention also called for the preparation and the recordation of a map
of the proposed boundaries ofCFD No. 1033 ("Map") to be recorded with the COUllt)' of
San Bernardino Auditor/Controller-Recorder's Office. A cop)' of the Map is attached
hereto as Exhibit "C". The Map and this Engineer's Report (copies of which have been
made available at the City Clerk's office) would be approved after the public hearing as
part of the formation proceedings for CFD No. 1033.
(e) Assuming that there is no majority protest by the affected property owners within the
boundaries of CFD No. 1033, the Mayor and the Common Council may approve a
"Resolution of Formation". which formally establishes the existence of CFD No. 1033.
The Resolution of Format.ion (which includes information contained in the Resolution of
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Intention and attaches the Rate and Method of Apportionment of Special Tax for CFD
No. 1033as an exhibit) makes findings regarding the Report and the Map. including the
findings that the proposed special tax levy has not been precluded by majority protest
and that all proceedings regarding the formation of CFD No. 1033 have been conducted
in conformity with the requirements of the Act.
(f) In addition to formally establishing CFD No. 1033. the Resolution of Formation calls for
an election of the qualified electors. The City has determined that there are less than
twelve (12) residents within the proposed boundaries ofCFD No. 1033. meaning that the
qualified electors are the owners ofland within CFD No. 1033. to approve the levy of the
Special Tax. The Act requires thaI the special landowner dection be held at least ninety
(90) days atier the public hearing (unless unanimously waived by all of the affected
property owners, in which event the election may be held at an earlier date). the
Resolution of Formation sets such special landowners election for the meeting of
September 20. 2004. and calls for all ballots to be received at a specified time prior to the
meeting. If two-thirds (2/3) of the ballots approve the levy and collection of the special
tax within CFD No. 1033. then the Mayor and Common Council will be presented a
resolution canvassing the results of the election and an ordinance (for first reading)
imposing the special tax.levy on the property owners within CFD No. 1033. at the
September 20, 2004 meeting of the Mayor and Common Council. The Resolution of
Formation also describes the procedure for conducting such an election, in this case by
mailed-ballot election to be conducted by the City, wherein such landowners would have
one vote for each acre of land he or she owns within the boundary ofCFD No. 1033.
(g) The City has concurrently with the adoption of the Resolution of Intention approved the
form of the Mitigation Agreement for CFD No. 1033. which provides that participating
property owners'agree to pay for the formation expenses incurred by the City relative to
the establishment of CFD No. 1033. Accordingly. the costs associated with the formation
ofCFD No. 1033 will be borne by participating landowners.
III. NECESSITY FOR AN ADDITIONAL FIRE STATION IN VERDEMONT FIRE
STATION SERVICE AREA
In_ City Fire Department administrative staff requested that a process be developed to study
and adopt emergency service delivery management and planning standards. This was prompted
in part by the need to consider the addition of a fire station to serve the Verdemont Fire Station _
Service Area. Without planning standards, the Verdemont Station concept could not be evaluated
objectively.
Subsequently, the Mayor and Common Council approved the establishment of a~
~m! Standards Ad..-tloc Corpmi.tt~ (the "Committee") on September 21, 19~
of 8, the Committee began meeting to study and analyze topics relevant to establishing
emergency service delivery standards.
On March 28.2000. the Committee agreed upon certain standards to recommend to the Mayor
and Common Council for adoption. The standards and other recommendations are listed below.
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A. Recommended Standards
. Dispatch processing time shall be sixty (60) seconds or less for 90% of Calls for
Service (CFS).
. Turnout time shall be 60 seconds or less for 90% ofCFS.
. Drive time from fire station to arrival on-scene at incidents shall be live (5) minutes
or less for 90% of CFS.
B. Other Recommended Actions
. Automate the emergency medical pre-arrival and priority dispatching system.
. Adopt a fire station siting plan that is consistent with the 5-minute drive time
standard.
. Study and analyze issues pertinent to the City's relatively high emergency incident
call volume.
An analysis of calendar year 2002 CFS to the Verdemont Fire Station Service Area showed that
the 5 minute drive time standard was met for about 45% of245 CFS. This quantified the need for
a fire station to serve the V erdemont Fire Station Service Area.
IV. STRUCTURE OF THE SPECIAL TAX
(a) This Report and the proposal i:ontained herein deal solely with the levy of the
Special Tax for the payment of certain operating and maintenance costs of the Station, not the
debt service or other capital outlay and replacement costs associated with any public facility.
Section IV.(d) below sets forth the items that are deemed to be the "Included Items" and the
"Excluded Items" of those which are eligible for payment by the City from the Special Tax
levied within the CFD No. 1033. CFO No. 1033 will be limited solely to the payment of those
Included Items related to the operation and maintenance of the Station. The City will impose an
annual Special Tax lien upon all property within the CFD No. 1033 and the City will ensure that
the Special Taxes are paid by each property owner in the same manner as the general property
taxes are paid to the County of San Bernardino. The City reserves the right to enforce any and
all unpaid Special Taxes and the liens thereof, including interest and penalties and collection
costs, in the manner authorized by the Act through a separate legal action to be filed by the City
separate and apart from any tax collection proceedings initiated by the County of San Bernardino
for the payment of defaulted general property taxes.
(b) The Special Tax shall be levied in conformance with the Rate and Method of
Apportionment of Special Tax - Community Facilities District No. 1033, City orSan Bernardino
("Rate and Method") (the Rate and Method is set forth as Exhibit "B" hereto). .
,
(c) All of the property located within CFO No. 1033, unless exempted by law or by
the Rate and Method, shall be subject to the Special Tax. Each year the Special Tax shall be
levied subject to the methodology and Maximum Special Tax limits of the Rate and Method.
The Special Tax imposed is a "special tax and not a special assessment, and there is no
requirement that the tax be apportioned on the basis of benefit to any property", pursuant to
Section 53325.3 of the Act. The Special Tax may be "on or based on a benefit received by
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parcels of real property, the cost of making facilities or authorized services available to each
parcel, or some other reasonable basis as determined by the legislative body"; however, the
Special Tax may not be apportioned on an C1d valorem basis pursuant to Article XlIIA of the
California Constitution.
(d) The costs of the annual O&M Expenses of the Station shall only include the
following described Included Items and shall specifically exclude the Excluded Items from
payment through the CFD No. 1033:
(i) Included Items: Personnel costs, salaries, benefits, administrative charges.
bookkeeping and accounting incurred by the Fire Department (or other related City
Departments); repair and maintenance of all buildings. facilities, personal equipment and
firefighting equipment exclusive of the acquisition costs of any vehicles of any nature but
including the repair and maintenance, oil, fuel, tires, insurance, and upkeep of all such
vehicles; uniforms, firefighting protective equipment and clothing; hoses, ladders, and
other fire fighting and life safety and protective equipment and first aid and CPR
equipment; utilities. furnishings, food. paper products. office products and office
equipment and supplies. communications equipment, radios. computers and telephones;
building maintenance and upkeep, landscape maiqtenance and supplies, painting of
buildings, replacement of worn or broken building components that are typically
accounted by the City as expense items and not as capital improvement items.
(il) Excluded Items: Excluded items are all items that are not for the direct operation
and/or maintenance of the Station. These include but are not limited to the following:
construction of the fire station. purchase or lease of any lire truck. pick-up truck.
ambulances or any other motorized vehicles: and/or the replacement or upgrade of any
component of the Station that has a useful life of more than 10 years.
(e) Since 2002 there has been an increased interest in development within the
Verdemont Fire Station Service Area. and there are potentially 382 single family residential
housing units that could be constructed within the initial boundaries of the CFD No. 1033 within
the next ten (10) years. Such new construction activity will exacerbate the need for the Station
and particularly as development trends in the Verdemont Fire Station Service Area extend
northerly towards Little League Drive and northerly from Little League Drive into the Devore
area of the City. The third property acquired by the EDA in 1999, knovm as the "Bice" property
(Parcel I). is severely impacted by the lack of a suitable final tract map. the designation of the
"Bice" property as critical habitat for the San Bernardino Kangaroo Rat. and the reQuirement for
numerous flood control and street realignment projects as a condition of development. The Bice
property is located northerly of Little League Drive and in the area most impacted by the present
lack of a fire station in the Verdemont Fire Station Service Area.
(0 Several developers representing the vacant land holdings,. existing developers
with projects in the area, and other interested parties have once again contacted the City to
express interests to initiate development activities. within the Verdemont Fire Station Service
Area. Based upon improvements in the general real estate market for single-family residential
development within the City and the availability of low interest rate mortgage financing at this
time, the City anticipates that additional demands will be placed upon the infrastructure needs
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_ _ { wit~in the Verdemont Fire Station Service Area upon the de'.elopment of the presently proposed I
. ~oJects. :.J
(g) A May 2004 estimate of the projected number of residential housing units
comprises four "parcels" within the Verdemont Fire Station Service Area identified as Nos. 1-4
on the Proposed Community Facilities District No. 1033 Map. Parcell (Century Village Homes.
Alternative "C". formerly the Bice property) is projected to contain 275 housing lots. Parcel 2 is
owned by the City and currently there are 19 housing units planned. Parcel 3 is Tentative Tract
No. 15940. owned by Monica Morrow. et ai, and currently shows 41 housing lots. Parcel 4 is
Tentative Tract No. 16457, owned by Covenant/Oasis San Bernardino LLC. and contains 47
housing lots. The following chart sets forth the assumptions that can be utilized for purposes of
determining the cost per unit of the Verdemont Special Tax District and the burden that may be
experienced by the City in connection with the operation and maintenance of the Verdemont Fire
Station.
Housing Units Exempt from Special Tax:
o
Housing Units to be built:
382
Average square footage of houses to be built:
2.000
Square footage of commercial/retail to be built
o
e
Square footage of industrial to be built
o
(i) Future annexation of properties in the Verdemont Fire Station Service Area as
new development continues will be accomplished in conformance with the Act and will be
subject to all conditions and obligations of CFD No. 1033.
(j) No bonds shall be issued in relation to CFD No.1 033.
e
V. CONCLUSION
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It is the . . . However.
11 IS necessary to proVI e or a necessary public servIces for suc new evelopmenl. it is
anticipated that this can be accomplished within the Verdemont Station Service Area both with
the imposition of CFD No. 1033 to pay for ongoing operation and maintenance of the Station.
With CFD No. 1033, the City should have an enhanced ability to meet its planning standards and
provide adequate fire protection service to the areas which are presently outside of the existing
fire station service areas. The imposition of CFD No. 1033 special taxes wi ovide th .
with the funding for a portion of the annual 0 eration and maintenance costs 0 the
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EXHIBIT "B"
RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX
COMMUNITY FACILITIES DISTRICT NO. 1033
CITY OF SAN BERNARDINO
This Rate and Method of Apportionment of this Special Tax sets forth the special tax
applicable to each Assessor's Parcel within Community Facilities District No. 1033 ("'CFD No.
1033") of the City of San Bernardino ("City") to be levied and collected according to the special
tax liability determined by the Common Council of the City, acting as the Legislative Body of
CFD No. 1033. The applicable Special Tax shall be determined pursuant to the application of the
appropriate amount or rate as described below" All Taxable Property within CFD No. 1033,
unless exempted by law. or the provisions of Section E. below. shall be subject to the applicable
Special Tax levied and collected to the extent and in the manner herein provided.
This Rate and Method of Apportionment also is provided as an explanation to allow
landowners or residents within CFD No. 1033 to estimate the Special Tax to be annually levied
and collected, or prepaid, as the case may be. with regard to p,roperty within CFD No. 1033.
A.
Definitions
"Act'" means the Mello-Roos Community Facilities Act of 1982, as amended. being
Chapter 2.5 (commencing with Section 53311) of Division 1 of Title 5 of the California
Government Code.
"Administrative Expense" means any costs incurred by the City on behalf of CFD No.
1033 related to the determination of the amount of the annual1evy of the Special Tax. the
collection of the Special Tax. and the other costs incurred in order to carry out the
authorize~ purposes of CFD No. 1033.
"Special Tax" means the special tax to be levied in each Fiscal Year pursuant to Sections
C. and D. on each Assessor's Parcel for a period not to exceed 30 years including the
Initial Fiscal Year.
"Assessor's Parcel" means a parcel of land as designated on an official map of the San
Bernardino COllnty Assessor which has been assigned a discrete identifying parcel
number.
"CommerciallRetaillOftice/lndustrial Property" means property zoned for commercial.
retail. office or industrial uses or other non-residential uses.
"Common Council" means the Common COllncil of the City of ':;an Bernardino.
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"Residential Property" means for any Fiscal year all Taxable Property for which a
foundation building permit for single family or multi-family units was issued prior to
May I preceding the Fiscal Year in which the Special Tax is being levied.
"Facilities" means the Fire Station Services as may be identified in the Community
Facilities District Engineer's Report prepared for CFD No. 1033 on file in the Office of
the City Clerk, or the continued operation and maintenance of the Verdemont Fire
Station, including but not limited to payment of compensation of employees, including
salaries and benefits. maintenance and operation of fire safety vehicles and the fire station
structures. any other expenses required to keep the such equipment and improvements in
fit operating condition and any incidental expenses (collectively. the "O&M Expenses")
to be financed by CFD No. 1033 pursuant to the Act.
"Fiscal Year" means the period starting on July 1st and ending the following June 30th.
"In-Lieu Fee" means a one-time fee. which fee shall be deposited into an interest bearing
reserve account for future O&M Expenses in the following amounts and for which a
lilrther explanation of the In-Lieu Fee will be described in an estimated cost report:
Residential Zone
$6.349.88 per residential dwelling unit as an In-
Lieu Fee
Commercial. Retail. Office Zone
$'44.358.47 per acre of development as set forth on
a site plan of development as an In-Lieu Fee
Industrial Zone
$44.358.47 per acre of development as set forth on
a site plan of development as an In-Lieu Fee
"Land Use Class" means any of the classes of Property listed in Table I and Table 2,
below.
"Project" means any project undertaken for the purpose of development involving the
approval or issuance of any permit or entitlement for use by any governmental agency
and includes all such permits and entitlements for use whether classified as quasi-
legislative. quasi-judicial or ministerial in nature, including. but not limited to. the
adoption. amendment. approval or issuance of any general plan. specific plan. master
plan. zoning ordinance. tentative subdivision map. tentative parcel map. final subdivision
map. final parcel map. variance. conditional use permit, site plan, plot plan. development
plan, annexation. public utility connection, building permit and certificate of occupancy.
"Taxable Property" means all Assessor's Parcels within the boundaries of CFD No. 1033
which are not exempt from the Special Tax pursuant to the Act and the provisions of
Section E. herein.
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Assignment to Land Use Classes
As soon as practicable, as of May 1 for the next succeeding Fiscal Year. all Taxable
Property within CFD No. 1033 shall be categorized as Residential Property or either
Commercial/RetaiIlOflice/lndustrial Zone Property. Taxable Property shall be subject to
a Special Tax pursuant to Sections C. and D. below.
c.
Special Tax
1. Residential Property
The Special Tax for each Assessor's Parcel classilied as Residc:ntial Property
shall be the amount detemlined by reference to Table 1 and the paragraphs that
follow Table 1.
Table 1
Special Tax Rates for Residential Property
(For the Initial Fiscal Year 2004-05)
Land Use Class
Land Use Descriotion
Special
Tax Per Unit (2004-05)
$350.00
$350.00
1
2
Single Family Detached Unit
Multi-Family Unit/Attached Dwelling Unit
"-
In determining the Special Tax which may be levied in any Fiscal Year. on July 1. 2005. and on
each July 1 thereafter. the Special Tax shall be increased by an amount not to exceed 2 % of the
amount in effect for the previous Fiscal Year. up to the Fiscal Year commencing July 1. 2033.
The Special Tax shall terminate as to sllch Assessor's Parcel at the close of the thirtieth (30'h)
fiscal Year following the beginning of the Initial Fiscal Year 2004-2005, i.e., the Special Tax
shall terminate as of June 30, 2034. .
2. CommerciallRetail/Office/lndustrial Zone Property
The Special Tax for each Assessor's Parcel classilied as either Commercial,
Retail, Office, or Industrial Zone Property shall be the amount determined by
reference to Table 2 and the paragraphs that follow Table 2.
Table 2
Special Tax Rates for CommerciaIlRetail/Office/lndustrial Zone Property
(For the Initial Fiscal Year 2004-05)
Land Use Class
Land Use Descriotion
Special
Tax Per Acre (2004-05).
$2.445.00
$2.445.00
$2.445.00
$2.445.00
,
~
4
5
6
Commercial
Retail
Oftice
Industrial
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In deb:rmining the Special Tax which may be levied in any Fiscal Year. on July I. 2005. and on
each July I thereafter. the Special Tax shall be increased by an amollnt not to exceed 2 % of the
amount in effect for the previous Fiscal Year. lip to the Fiscal Year commencing July I. 2033.
The Special Tax shall terminate as to sllch Assessor's Parcel at the close of the thirtieth (30th)
Fiscal Year following the beginning of the Initial Fiscal Year 2004-2005. i.e.. the Special Tax
shall terminate as of June 30, 2034.
D. Method of Apportionment of the Special Tax
Commencing with Fiscal year 2004-05, and each Fiscal Year thereafter. the Council shall
determine the Special Tax to be collected from Taxable Property in CFD No. 1033. The
Council may levy the Special Tax on all Assessor's Parcels of Development Property by
levying the Special Tax for land Use Classes I, 2, 3, 4, 5 and 6.
E.
Limitations
The Council shall not levy a Special Tax on properties owned by the State of California,
federal or other local governments. except as otherwise provided in Sections 53317.3 and
53317.5 of the Act. Property which becomes the property of the State of California. the
ti:deral government or other public agency is liable for the Special Tax levied in the
Fiscal Year during which such transfer occurs and will be subject to the Special Tax in
each Fiscal Year thereafter under the original Land Use Class for such Assessor's Parcel.
Such Assessor's Parcel may be exemPted. at the direction. and in the discretion. of the
Council in any Fiscal Year.
F.
Prepayment of the Special Tax
Any owner of property within CFD No. 1033 may discharge the Special Tax obligation
in full or in part, by making payment pursuant to the applicable Sections F. 1. or F. 2 as
follows:
I. Upon the Appronl of a Tentatin or Parcel Map
At the time of approval of a tentative or parcel map, the owner of such residential
unit may prepay the Special Tax in full or in part by making a cash payment to
CFD No. 1033. in which case the Special Tax for the Initial Fiscal Year. and each
Fiscal Year thereafter. shall be reduced according to the following steps:
a. Determine the maximum prepayment if the owner were to prepay lhe
Special Tax in entirety. For example. for Projects approved prior to July 1.
2005, the. maximum prepayment for each residential U1~it is $6,439.88 and
for each acre of development as set forth on a site plan of development for
Commercial/Retail/Office or Industrial zone property is $44.358.47.
b.
Determine the property's revised Special Tax by multiplying the
property's applicable Special Tax for the Initial Fiscal Year determined
\
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pursuant to Section c.. 1. by one minus the quotient obtained by dividing
the cash payment made by the owner pursuant to this Section F. I .b. by
the maximum prepayment obligation determined pursuant to Section F. I
.a. The property's revised Special Tax for the Initial Fiscal Year. and each
Fiscal Year thereafter. shall be the Special Tax for the applicable land use
designation (Residential or Conunercial/Retail/Office/Industrial zone
Property) for purposes of Sections C. and D. herein.
2.
After the Approval of the Tentative Map/Parcel Map
After the time a tentative or parcel map has been approved. and prior to May I for
the next succeeding Fiscal Year, the owner of such parcel may prepay the Special
Tax in full or in part by making a cash payment to CFD No. 1033. in which case
the Special Tax for the applicable Fiscal Year. and each Fiscal Year thereafter,
shall be reduced according to the following steps:
a. Compute the present value of the Special Tax using a period equal to ihe
lesser of the remaining term for which the Special Tax may be levied on
such parcel: then
b.
Multiply the amount determined in Section F.2.a; above. by the owner's
desired prepayment percentage (which shall be a minimum of twenty
percent (20%) of the present value of the total Special Tax) to determine
the prepayment amount subject to additional adjustments as specified
below; then
c. Add the following to the result of Section F.2.b.:
i) Unpaid special taxes. interest and penalties. if any. which have
been entered on the Assessor's tax roll: and
iv) a $75 administrative charge per Assessor Parcel.
d. The Special Tax applicable to property utilizing a prepayment percentage
less than 100% shall be revised in the Fiscal Year following the date of
prepayment by multiplying such property's Special Tax by the
prepayment percentage actually determined in Section F.2.b. Such
property's revised Special Tax for the Fiscal Year following the date of
prepayment, and each Fiscal Year thereafter. shall be the Special Tax for
such property for purposes of Sections C. and D. herein.
In no event shall the In-Lieu Fee be increased by more than 2% per year nor shall the Tax
be increased by more than 2% per year. based upon a cost inllation formula to be continued in
the Estimated Cost Report and the Engineer's Report and made a part of the formation
documents for the District, from the previous year for any property located within the District
that was previously assessed and charged with the Tax in the immediately preceding year. The
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Special Ta.x and the In-Lieu Fee shall be recalculated annually to reflect (i) any changes in the
O&M Expenses. (ii) the annexation of additional property into the District. (iii) the payment of
the O&M Expenses. or any portion thereof. with funds other than the Tax. (iv) the amount of In-
Lieu Fees available to be applied for the applicable for which the calculation is being made. and
(v) any other changes which may affect the estimated O&M Expenses for such year.
G. Manner of Collection
The Special Tax will be collected in the same manner and at the same time as ordinary ad
valorem real property taxes. The Special Tax shall be subject to the same penalties and
the same procedure. sale and lien priority in case of a delinquency as provided lor with
ad valorem taxes. The collection of the Special Tax shall otherwise be subject to the
provisions of the Act, The Common Council reserves the power to provide for alternative
means of collection of special taxes as permitted by the Act.
H.
Termination of Special Tax Levy
Provided that Special Taxes previously levied on an Assessor's Parcel are not delinquent.
the lien of special taxes of CFD No. 1033 shall terminate as to such Assessor's Parcel at
the close of the thirtieth (30) Fiscal Year following the beginning of the Initial Fiscal
Year for such Assessor's Parcel. Furthermore. provided an owner within CFD No. 1033
fully and completely discharges their special tax obligation pursuant to Sections F.I
and/or F.2. the lien of special taxes of CFD No. 1033 shall terminate.
Pursuant to Section 53330.5 of the Act, the Common Council shall. upon written request.
cause to be recorded in the oflicial records of San Bernardino County a Notice of
Cessation of Special Tax Lien for each Assessor's Parcel upon termination of the lien on
such Assessor' s Parcel.
I.
Review/Appeal Board
The Council shall establish. as part of the proceedings,and administration of CFD No.
1033, a special Review/Appeal Board. Any landowner who feels that the amount of the
Special Tax. as to their Assessor's Parcel. is in error may file a notice with the
Review/Appeal Board appealing the amount of the levy. The Review/Appeal Board shall
interpret this Rate and Method of Apportionment of the Special Tax and make
determinations relative to the annual administration of the speci'altax and any landowner
appeals. as herein specified.
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EXHIBIT "e"
COMMUNITY FACILITIES DISTRICT NO. 1033
VERDEMONT FIRE STATION
SERVICE AREA
IN THE CITY OF SAN BERNARDINO
COUNTY OF SAN BERNARDINO. STATE OF CALIFORNIA
PARcn NO
[j)
[II
[II TENTATIVE TRACT 15940
ill TENTATIVE TRACT 16457
OMU"R
REOEVELOPIotENT AGENCY or THE
CITY or SAN BERNARDINO
CITY or SAN BERNARDINO
MONICA WQRROW. ET Al
COvENANT/OASIS SAN BERNARDINO. LlC
-----------,
.-.~...-.... SHEET 2
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'I SHEET 3 I
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I I I
J I I
II, I I
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. DAVIO WANe
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2004-210
EXHIBIT "c"
COMMUNITY FACILITIES DISTRICT NO. 10J3
VEROEMONT FIRE STATION
- SERVICE AREA
IN THE CITY OF SAN BERNARDINO
COUNTY OF SAN BERNARDiNO. STATE OF CALIFORNIA
SH(ET 2 or J
-
IS'
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EXHIBIT "e"
COMMUNITY FACILITIES DISTRICT NO. 1033
VERDEMONT FIRE STATION
SERVICE AREA
IN THE CITY OF SAN BERNARDINO
COUNTY OF SAN BERNARDINO. STATE OF CALIFORNIA
511[[1 J or J
\,
. .,."..IIY.....
_"'..QGtAT.. __
------
---
--...-
e-
SECTION 8
e
Verdemont
Infrastructure Fee Increase
e'
e-
e
e
VERDEMONT INFRASTRUCTURE FEE INCREASE - EDA Loan and Fira Station
(DRAFT elated 3/27103)
Amount of V1F
TotIIl units
Total V1F- 10 yrs
AnnWlI Debt Bvc
SUMMARV OF FINANCING ASSUMPTIONS
$ 3,000.00 EDA Loan S 1,730,1170.00
1.411.49 Fire Station $ 1,700,000.00
S 4,234,474.45 Other S
$ 423,447.44 TotaIlmpa S 3.43Q,870.oo
I. SummarY Df Public tmDl'DVeIMnt Coats In Verdemont
Principal Ann...1
Tv.. of Infrntructu... eo.t COlt
,. 1993 EOA loan $ 1,730.870.00 $ 224,155.58 assumes amortization for
interest rate of
2. FireStatlon-State $ 1,700,000.00 $ 199,291.86 assumes amortization for
Inf Bank Loan Interutl'8teot
3. Other Improvements $ $ assumes amortization for
& Prepayment of Loans Interest rate of
Total Colts $ 3,<30,170.00 $ 4230447....
II. SummarY of Total Annul' Cost Der PubUc ImDrovement
COlts per Yu, to Finance an
Vard.moot Improvements
v..rs
1 $
2 $
3 $
4 $
5 $
6 $
7 $
6 $
9 $
10 $
TOTAL $
DEBT BV
EDA
Loan
224,155.58
224,155.58
224,155.58
224,155.58
224,155.58
224,155.58
22",155.58
224,155.58
224,155.58
224,155.58
2.241,555.84
FIr>
Station
S 199,291.86
$ 199,291.86
$ 199,291.86
$ 199,291.86
$ 199,291.86
$ 199,291.86
$ 199,291.86
$ 199,291.86
S 199,291.86
S 199,291.86
$ 1,992,918.61
111. C.lculatlon of Verdernont InfrHtructu,. F..
A. Single FamHy Units to be Built
Time period within which units expected
Annual SF Units per year
B. Totalcostfor10ye.rs.
10 yrs at
10 year cost
Cost per unit
$
TOTAL PER
YEAR
S 423,447.44
S 423,447.44
S 423,447.44
S 423,447.44
S 423,447.44
S 423,447.44
$ 423,447.44
$ 4~3,447.44
$ 423,447.44
$ 423,447.44
S 4,234,474.45
1,411 SF Units
10 years of build out
141.15 per year
423,447.44 per year
S 4,234,474.45
$ 3,000 per unit
Units per
Vo,
.141.15 $
141.15 $
141.15 $
141.15 $
141.15 $
141.15 $
141.15 $
141.15 S
141.15 S
141.15 S
1,411.49
Annual
F..
3,000.00
3,000.00
3,000.00
3,000.00
3,000.00
3,000.00
3,000.00
3,000.00
3,000.00
3,000.00
10 years
5%
10 years
3%
10 yeerl
0%
e-
VERDEMONT INFRASTRUCTURE FEE INCREASE - EDA Loan and Fire Station
(DRAFT dated 3/27/03)
Amount of V1F
Total units
Total V1F- 10 yrs
Annual Debt $vc
SUMMARY OF FINANCING ASSUMPTIONS
$ 3,000.01 EOA Loan S 1,730,870.00
2,123.00 Fire Station $ 1,700,000.00
$ 6,369.02..45 Other $ 2,134.550.00
S 636,902.44 TotIllmps $ 5.565,420.00
I. SummarY of Public ImlJl'OVefMnt Coats In VerdMWInt
Principal AnnUli.
Type of Infr..tructure Coat Coat
1. 1993 EOA loan $ 1.730.870.00 $ 224,155.58 assumel amortization for
interest rate gf
2. Fire Station - Stale $ 1.700,000.00 $ 199,291.86 assumes amortization for
Inf Bank Loan interest l'lte of
3. Other Improvements $ 2,134,550.00 $ 213,455.00 assumes amortization for
& Prepayment of Loans intemtrate of
Total Costs $ 5,585,420.00 $ 636,902.44
II. SummarY of Total Annual Cost oer Public ImDrovement
Coati per Vea, to Finance all
Verdemont Improvements
EDA Fire Other Imp TOTAL PER
Vea,.. Loan SIaIIon & Loan PresKW YEAR
1 $ 224,155.58 $ 199,291.86 $ 213,.55.00 $ 636,902.44
2 $ 224.155.58 $ 199,291.86 $ 213,455.00 $ 636,902.44
3 $ 224,155.58 $ 199,291.86 $ 213,455.00 $ 636,902.44
4 $ 224,155.58 $ 199,291.86 $ 213,455.00 $ 636,902.44
5 $ 224,155.58 $ 199,291.86 $ 213,455.00 $ 636,902.44
. $ 224,155.58 $ 199,291.86 $ 213,455.00 $ 636,902.44
7 $ 224,155.58 $ 199,291.86 $ 213,455.00 $ 436,902.44
e . $ 224,155.58 $ 199,291.86 $ 213,455.00 $ 636,902.44
9 $ 224,155.58 $ 199,291.86 $ 213,455.00 $ 636,902.44
10 $ 224,155.58 $ 199,291.86 $ 213,455.00 $ 636,902.44
TOTAL $ 2,241,555.84 $ 1,992,918.61 $ 2,134,550.00 $ 6,369,024.45
DEBT SV
e
111. Calculation of Vardemon! Infrll.tructure 'F..
A. Single FamNy Units to be Built
Time period within which units expected
Annual SF Units per year
2,123 SF Units
10 years of build out
212.30 per yeer
B. Total cost for 10 years-
$
636,902.44 per yeer
10 yrsat
10 year cost
Cost per unit
$ 6,369,024.45
$ 3,000 per unit
Units per
V.ar
,212.30 $
212.30 $
212.30 $
212.30 $
212.30 $
212.30 $
212.30 $
212.30 $
212.30 $
212.30 $
2,123.00
Annual
Foe
3,000.01
3,000.01
3,000.01
3,000.01
3,000.01
3,000.01
3,000.01
3,000.01
3,000.01
3,000.01
10 years
5%
10 years
3%
10 years
0%
e-
SECTION 9
e Calculation and Assumptions for
Final Verdemont Fire Station CFD .
. Special Tax
e
EXHIBIT "A"
Calculation and assumptions for final Verdmont Fire Station CFD special tax
e. I. Residential Calculation and AssumDtlons
average size house 2200.00
assumed rate/sq. ft $ 0.16
Tax Rate $ 352.00
II. Commercial. Industrial and Retail AssumDtions
coverage factor/acre 33%
land area of an acre 43,560.00
assumed net land 14,374.80
assumed rate/sq. It $ 0.17
Tax Rate 2443.72
Calculation of Inflator Increases and Preoavments of Mitiaation Fe.
Res Tax 6.00%
Period Calendar rate with PV factor PV of each
Number Year 2% Inflator to 12/31 annual amt
1 2004 $ 350.00 1 $ 350.00
2 2005 $ 357.00 0.943396 $ 336.79
e 3 2006 $ 364.14 0.889996 $ 324.08
4 2007 $ 371.42 0.839619 $ 311.85
5 2008 $ 378.85 0.792094 $ 300.09
6 2009 $ 386.43 0.747258 $ 288.76
7 2010. $ 394.16 0.704961 $ 277.87
8 201.1 $ 402.04 0.665057 $ 267.38
9 2012 $ 410.08 0.627412 $ 257.29
10 2013 $ 418.28 0.591898 $ 247.58
11 2014 $ 426.65 0.558395 $ 238.24
12 2015 $ 43518 0.526788 $ 229.25
13 2016 $ 443.88 0.496969 $ 220.60
14 2017 $ 452.76 0.468839 $ 212.27
15 2018 $ 461.82 0.442301 $ 204.26
16 2019 $ 471.05 0.417265 $ 198.55
17 2020 $ 480.47 0.393646 $ 189.14
18 2021 $ 490.08 0.371364 $ 182.00
19 2022 $ 499.89 0.350344 $ 175.13
20 2023 S 509.88 0330513 S 168.52 $ 4,977.66
21 2024 $ 520.08 0.311805 $ 162.16
22 2025 $ 530.48 0294155 $ 156.04
23 2026 $ 541.09 0.277505 $ 150.16
24 2027 $ 551.91 0.261797 $ 144.49
25 2028 $ 582.95 0.246979 $ 139.04
36 2029 $ 574.21 0.232999 $ 133.79
27 2030 $ 585.70 0.219810 $ 128.74
e 28 2031 $ 597.41 0.207368 $ 123.88
29 2032 $ 609.36 0.195630 $ 119.21
30 2033 $ 621.55 0.184557 $ 114.71
$ 6,349.88 per house
cd W~6C:01 v00c 11 'un[
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e-
e
e
Period
Number
Com, Ind
RetI Tax 6.00%
Calendar rate with PV factor PV of each
Year 2% Inflator to 12/31 annual amI
1 2004 $ 2,445.00 1 $ 2,445.00
2 2005 $ 2,493.90 0.943396.$ 2,352,74
3 2006 $ 2,543.78 0.1l89996 $ 2,263.95
4 2007 $ 2,594.65 0.839619 $ 2,178.52
5 2008 $ 2,646.55 0.792094 $ 2,096.31
6 2009 $ 2,699.48 0.747258 $ 2,017.21
7 2010 $ 2,753.47 0.704961 $ 1,941.09
8 2011 $ 2,808.54 0.665057 $ 1.867.84
9 2012 $ 2.864.71 0.627412 $ 1,797.35
10 2013 $ 2,922.00 0.591898 $ 1,729.53
11 2014 $ 2,980.44 0.558395 $ 1,664.26
12 2015 $ 3,040.05 0.526788 $ 1,601.46
13 2016 $ . 3.100.85 0.496969 $ 1,541.03
14 2017 $ 3.162.87 0.468839 $ 1,482.88
15 2018 $ 3,226.13 0.442301 $ 1,426.92
16 2019 $ 3,290.65 0.417265 $ 1,373.07
17 2020 $ 3.356.46 0.393646 $ 1,321.26
18 2021 $ 3,423.59 0.371364. $ 1,271.40
19 2022 $ 3.492.06 0.350344 $ 1,223.42
20 2023 $ 3,561.90 0.330513 $ 1,177.26 $ 34,772.49
21 2024 $ 3,633.14 0.311805 $ 1,132.83
22 2025 $ 3,705.80 0.294155 $ 1,090.08
23 2026 $ 3,779.92 0.277505 $ 1,048.95
24 2027 $ 3,855.52 0.261797 $ 1,009.36
25 2028 $ 3,932.63 0.246979 $ 971.28
36 2029 $ 4,011.28 0.232999 $ 934.62
27 2030 $ 4,091.51 0.219810 $ 899.35
28 2031 $ 4,173.34 0.207388 $ 865.42
29 2032 $ 4,256.80 0.195630 $ 832.76
30 2033 $ 4,34194 0.184557 $ 801.33
$ 44,358.47 par acre
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SECTION 10
e
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Available for CFD 0 & M
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