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HomeMy WebLinkAbout29-Planning & Building Services .,..J-... CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION , From: Michael E. Hays, Director Subject: Appeal of Planning Commission approval of Tentative Tract No. 15775 - A Reversion to Acreage Dept: Planning & Building Services Date: February 20, 1997 (gcg~w MCC Date: March 3, 1997 Synopsis of Previous Council Action: NIA Recommended Motion: That the Mayor and Common Council close the public hearing and deny the appeal, and approve Tentative Tract No. 15775 based upon the Findings of Fact contained in the Planning Commission Staff Report (Exhibit 3). ~ij":;i\.. VtI'~(..~! ~.vf.!l1i? ~~; r.:..~ 97 9: I r Contact person: Michael E. Havs Phone: 5357 - Supporting data attached: Staff Report: Letter of Aooeal wi documentation Ward: #4 FUNDING REQUIREMENTS: Amount: NIA Source: (Acct. No.) Account Description: Finance: Council Notes: Continued to Ol/~ 7,/9'1 Agenda Item No. 2? 3/177 --' CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT SUBJECT: APPEAL OF PLANNING COMMISSION APPROVAL OF TENTATIVE TRACT NO. 15775 - A REVERSION TO ACREAGE OWNER: Sterling Heights, A California General Partnership c/o The Tahiti Group & Melcorp Investments, Inc. P.O. Box 5441 San Bernardino, CA 92412 (909)889-7164 APPLICANT: Pat Meyer Urban Environs 133 E. Vine Street Redlands, CA 92373 (909)798-4446 APPELLANT: Ron Kemper Crawford Investment Company 1770 N. Arrowhead Avenue San Bernardino, CA 92406 (909)882-3393 REQUEST/LOCATION: The representative of a nearby property, Crawford Investment Company, has filed an appeal to the original Planning Commission approval of TT 15775 as well as the Reconsideration by the Planning Commission of TT 15775. The appellant's client owns a 110 acre parcel outside of the City of San Bernardino, northeast of the end of dedicated Sterling Avenue (See Exhibit 1). Tentative Tract 15775 is a reversion to acreage to consolidate the parcels created by recorded Tracts 11857 through 11860. The revision will remove/negate certain requirements that are no longer applicable. Tentative Tract 14112 was approved on November 7, 1990 for a 56 lot single family development. Tentative Tract 14112 is not a part of the application for TT 15775 and this reversion to acreage request does not impact any existing conditions of approval of TT 14112. BACKGROUND: The original project, Tracts 11857-11860, were approved for the construction of 113 townhouses in 1981. In 1989 the new General Plan was adopted and in 1991 the Development Code was adopted. The land use designation was changed from PRD-3U (Planned Residential Development-3 units/acre) to RL (Residential Low-low density, single family development). The project was reviewed by the DRC and approved for clearance to Planning Commission on September 26, 1996. The project was originally approved by the Planning Commission on November 6, 1996 and the appeal was filed on November 18, 1996. A meeting was held with the appellant, the project applicant and representatives from the City Attorney's office, Public Works and Planning & Building Services in an attempt to clarify issues and resolve them. Issues regarding dedications were resolved through submittal of a revised map showing dedication of Daley Canyon Road and Sterling Avenue and necessary slope easements for Sterling Avenue. The revised map was submitted for Reconsideration by the Planning Commission and approved on January 28, 1997. An appeal of the second approval was filed on February 10, 1997. KEY ISSUES: The appellant's client loaned money on an adjoining parcel because it was represented to them that both Sterling Avenue and Daley Canyon Road would be constructed. They object to the approval of TT 15775 because it would permit the release of the letter of credit that would finance the construction of the roads. There are several issues which have been identified by the appellant as follows (see Exhibit 3, Documentation of Appeal): . Appellant comment: The findings and conditions of Govt. Code Sections 66499.16 and 66499.17 cannot be made for TT 15775. The dedications are necessary for both present and prospective purposes. The conditions of approval should be added to the project requiring retention of the above referenced right-of-way. Section 66499.16 states: "Subdivided real property may be reverted to acreage only if the legislative body finds that: (a) dedications or offers of dedication to be vacated or abandoned by the reversion to acreage are unnecessary for present or prospective purposes:..." Section 66499.17 states: "As conditions of reversion the legislative body shall require: (a) dedications or offers of dedication necessary for the purposes specified by the local ordinance following reversion; (b) Retention of all previously paid fees if necessary to accomplish the purposes of this division or local ordinances adopted pursuant thereto; (c) Retention of any portion of required improvement security or deposits if necessary to accomplish the purposes of this division of local ordinance adopted pursuant thereto." Staff response: The Planning Commission approved revised TT 15775 showing necessary slope easements and dedications for Sterling Avenue and Daley Canyon Road. Standard Requirements have been added by the Department of Public Works that require retention of those slope and road easements. . Appellant comment: The appellant requests that the letter of credit originally submitted by Redlands Federal Savings & Loan be 'called' and the road improvements constructed. Staff response: The 1995 Edition of California Land Use & Planning Law by Daniel J. Curtin, Jr. states the following: "The surety does not become liable on security furnished under an improvement ~ , agreement unless the subdivider has actually commenced construction. If improvements are not comrrlenced and the project is abandoned after execution of a subdivision improvement agreement and recordation of a map, the surety is exonerated. In this situation, the city cannot collect the amount of the bond or compel the surety to install the subdivision improvements. County of Yuba v. Central Valley Nat'l Bank, 20 Cal. App. 3d 109 (1971). If this occurs, the city would probably be justified in reverting the subdivision to acreage, which has the practical effect of rescinding the subdivision map. Gov't code 66499.12." Based on the above referenced case law, it is Staff's position that because construction on the original project was never started and only the final map was recorded, the surety who in this case is Redlands Federal Savings, is not obligated to fund the construction of the improvements, nor is the City obligated to construct those improvements. Other issues relating to this application: Today the 113 townhomes proposed for TT 11857-11860 cannot be constructed because they exceed the density permitted by the Development Code and General Plan. The site's location within the Hillside Management Overlay limits the number of units to a minimum of 4 units up to a maximum of 84 units- 29 less units than approved under TT 11857-11860. Because no construction commenced on the original townhouse project, the project did not 'vest' its right to develop and therefore is subject to current General Plan and Development Code requirements. Please refer to Exhibit 3, Planning Commission Staff Report, for a full discussion about the original approval of TT 15775 and the Planning Commission Reconsideration. ENVIRONMENTAL DETERMINATION: The project is exempt from CEQA per Section 15305, Class 5 since it is a reversion to acreage. PLANNING COMMISSION RECOMMENDATION: The Planning Commission voted 7 to o to approve the Reconsideration by the Planning Commission of Tentative Tract 15775 based on the Findings of Fact and Conditions of Approval contained in the January 28, 1997 staff memorandum and report (Exhibit 3). (Ayes: Hamilton, Lockett, Quiel, Schuiling, Stone and Thrasher; Nays: None; Abstain: None; Absent: Enciso, Gonzalez and Strimpel) RECOMMENDATION: Staff recommends that the Mayor and Common Council deny the appeal, and approve Tentative Tract Map No. 15775 based on the Findings of Fact and Conditions of Approval contained in the January 28, 1997 staff memorandum and report (Exhibit 3). Prepared by: Margaret Park, Associate Planner For: Michael E. Hays, Director, Planning and Building Services Exhibits: 1 - Location Map 2 - Tentative Tract 15775 _ t 3 - Planning Commission Staff Report 4 - Letter of Appeal wi documentation , , CITY OF SAN BERNARDINO EXHIBIT 1 GENERAL PLAN LAND USE DESIGNATION Adopted 6-2-89 Date Panel No. ...D...Z. . ll'0 Ii"::. Ii"::. ~ c:::. ill ,:3 .f. !,: . .!! Ii> :!, ~ 1'1 i;,1 .. ." - ~!' .. .. .. j~1 .. ~ .. 0... I ~ :: .. !h .. ~ . .. .t~ p~ I .. .. - ~ .I~ .. :: .~ .-. . .. ii: . .. .. I .. .. · li:Z .. ii- .. .. .. ..: 0- ::1:': .. j'" . .. .. .. - ~ .. .. .... '1: " .. .. I ~ ~~ I.. .. .. .. .. ~ :l!1= ! ~ h; . . 1:.... .... ,-- ..:1 0... !j'l: I-I ~ . 0... ~ lk!I 0... ... .. -- Co .. N . liiii;i;~..i. ~~ I .. .. .. al;IU.I:=,.. K ~ . I i ~ ::~ .. ;~ .. ",.,.,.,.,.....,.",... 10 ..- ,~'''!I''..II''~~!! ~ ; .. . 1;;~;p:;H~"n I!i 4V . l:aa,;;'';;'" ; ............. . ~-...........~::~ ................................. 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II ... ~:; ''''Ill === i i I............. .. ~ I lei I..:.. ~.............. 1.l1~1 '""18' H.8S .~ E: 1:1 'N 1.1 61 .:13S 5.10'1 .I,AO!I . . 78 .H.8.S '~ E: 1:1 'N 1.1 61 .:13S 9 lU1 l.AO!I . .-' ..-..:::----.;:::.." lJN I 7 . iI~J$ .-' . 3nN3A't -J 0:: I 1 ~ L ..,:,.. . ..... ...........'~.. .........'~... ; ....)'( I r. . .... . . - I-. ... .I'Y //~ .~:~O:: ~~' t::l -J EXHIBIT 3 CITY OF SAN BERNARDINO Department of Planning and Building Services Memorandum FROM: Planning Commission / , 1/ Michael Hays, Director l^tff Margaret Park, Associate Planner TO: DATE: Reconsideration by the Planning Commission of TT 15775 Agenda Item ~o. 2 January 13, 1997 RE: =========================================== REQUEST / LOCATION A request for a Reconsideration by the Planning Commission of reversion to acreage that was approved by the Planning Commission on November 6, 1996. The property is a 48.1 acre site that was originally approved and recorded as Tracts 11857, 11858, 11859 and 11860. The property is located just north of Foothill Blvd., south of Daley Canyon Rd., west of Sterling and east of Osbun Rd. and is within the RL, Residential Low land use district. ISSUES The approval of TT 15775 was appealed by Crawford Investtnent Company based on several issues: 1. That Crawford Investtnent Company was not provided proper legal notice of the public hearing. 2. The property owners represented by Crawford object to the release of improvement bonds for the original tracts. 3. That easements for the Right of Way for Daley Canyon Road were not incorporated into the reversion to acreage. 4. That slope easements necessary for the future construction of Sterling A venue were not incorporated into the reversion to acreage. A meeting was held with the appellant, the project applicant and representatives from the City Attorney's office, Public Works and Planning & Building Services in an attempt to clarify issues and resolve them. There was no resolution regarding the release of the improvement bonds, however it was determined that a revised map showing Daley Canyon Road and necessary slope easements for Sterling Avenue would be submitted by the applicant. The revised map is included as part of this staff report. The original staff report from the November 6th Planning Commission meeting is provided as Attaclunent A. CONCLUSION The necessary fmdings can be made to support approval of Tentative Tract Map No. 15775, as required in Development Code Sections 19.66.150. The reversion to acreage proposed in Tentative Tract Map 15775 is consistent with the General Plan and Development Code. The project is exempt from CEQA per Exemption Class 5, Section 15305. RECOMMENDATION Staff recommends that the Planning Commission: 1. Approve Tentative Tract Map 15775 based on the Findings of Fact (Attaclunent B) and subject to the attached Conditions of Approval and Standard Requirements (Attaclunent C). ATTACHMENTS: A - November 6, 1996 Staff Report B - Findings of Fact C - Conditions of Approval and Standard Requirements ATTACHMENT "A" SUMMARY CITY OF SAN BERNARDINO PLANNING DIVISION =============================================== CASE: Tentative Tract Map No. 15775 AGENDA ITEM: 4 HEARING DATE: 11/6/96 WARD: #4 APPLICANT: Urban Environs 133 E. Vine Street Redlands, CA 92373 OWNER: Sterling Heights-A California General Partnership clo The Tahiti Group & Melcorp Investments, Inc. P.O. Box 5441 San Bernardino, CA 92412 =============================================== REQUEST I LOCATION - A request for a reversion to acreage for the 48.1 acre site that was originally approved and recorded as Tracts 11857, 1I858, 11859 and 1I860. The property is located just north of Foothill Blvd., south of Daley Canyon Rd., west of Sterling and east of Osbun Rd.district. ----------------------------------------------- ----------------------------------------------- PROPERTY EXISTING LAND USE LAND USE DESIGNATION SUBJECT NORTH SOUTH EAST WEST Vacant Forest-Government land Single Family Residential Single Family Residential Single Family Residential RL, Residential Low N/A RL, Residential Low RL, Residential Low & RS, Residential Suburban RL, Residential Low GEOLOGIC/SEISMIC YES FLOOD HAZARD YES SEWERS: YES HAZARD ZONE: 0 ZONE: 0 . NO NO NO . . 0 HIGH FIRE HAZARD YES AIRPORT YES REDEVELOPMENT YES ZONE: . NOISE/CRASH 0 PROJECT AREA: 0 NO ZONE: NO NO 0 . . ENVlRONME!'ITAL FINDINGS: o Not Applicable . Exempt o No Significant Effects o Potential Effects, Mitigating Measures, No E.I.R. STAFF RECOMMENDATION: o E.I.R. wi Significant Effects . APPROVAL . CONDITIONS o Significant Effects, See Attached E..R.C. Minutes o DENIAL o CONTINUANCE TO: REQUEST A request for a reversion to acreage for the 48.1 acre site that was originally approved and recorded as Tracts 11857, 11858, 11859 and 11860. LOCA nON The project is located in the northeastern portion of the City, generally located just north of Foothill Blvd. at the north terminus of Sterling Ave., south of Daley Canyon Road and northeast of the terminus of Osbun Road. The upper portion of the northwest property line abuts the Del Rosa Flood Control Channel. CALIFORNIA ENVIRONMENTAL QUALITY ACT The project is exempt from CEQA per Section 15305, Class 5 since it is a reversion to acreage. BACKGROUND This reversion to acreage is to consolidate the parcels created by recorded Tracts 11857 through 11860. The revision will remove/negate certain requirements that are no longer applicable. Tentative Tract 14112 was approved on November 7, 1990 for a 56 lot single family development. Tentative Tract 14112 is not a part of this application and this reversion to acreage request does not impact any existing conditions of approval of said project. GENERAL PLAN AND DEVELOPMENT CODE CONSISTENCY There are no specific or general requirements of consistency in the General Plan and/or the Development Code. This reversion to acreage is not proposing new development, rather it is removing previously approved entitlements. As a result, it is not necessary to make a determination of consistency with the General Plan, the document that guides the growth of the City. Any development would require that new entitlements be submitted, approved and a determination of consistency made at that time. Existing Tentative Tract 14112 was found consistent with the General Plan and Development Code as part of its approval. Al~AL YSIS The 48.1 acre site is in the foothills at the north end of the City. It is undeveloped, but as described above, there is an approved tentative tract map (with conditions of approval) on the site. Because this is a reversion to acreage, no infrastructure improvements or environmental mitigation are necessary. The applicant had one caveat to the approval of this reversion to acreage and that was that they would not proceed 'with this application if any conditions of approval for TT 14112 were added, deleted or modified. Staff reviewed the conditions of approval for TT 14112 and determined that there would be no need to change any existing conditions or add or delete conditions. It is understood that TT 15775 is a reversion for the recorded tracts as identified above. As part of TT 15775, the right of way for the future extension of Sterling Avenue will be retained and is shown in Lot I. This dedication of right of way was a condition of approval for Tracts 11857 - 11860 and is retained in order to provide for future access to property owners to the north of this property. COMMENTS RECEIVED No comments were received regarding this proposal. TIM 15775 Agenda Item #4 Hearing Dale: 11-6-96 Page 3 CONCLUSION The necessary findings can be made to support approval of Tentative Tract Map No. 15775, as required in Development Code Sections 19.66.150. The reversion to acreage proposed in Tentative Tract Map 15775 is consistent with the General Plan and Development Code. The project is exempt from CEQA per Exemption Class 5, Section 15305. RECOMMENDATION Staff recommends that the Planning Commission: 1. Approve Tentative Tract Map 15775 based on the Findings of Fact (Attachment C) and subject to the attached Conditions of Approval (!-ttachment D). Respectfully submitted, MICHAEL HAYS Director of Planning and Building Services ~ MARGARET E. PARK Associate Planner Attachments: A - Location Map B - Tentative Tract Map C - Findings of Fact D - Conditions of Approval ,. CITY OF SAN BERNAl INO A("""'ACHM~NT II A I' . GENERAL PLAN LAND USE DESIGNATION AdoPted 6-2-89 Date \.. Panel No. -D...1. ~ . "'" ~ Ii'>. Ii'>. I!lV c::::. . i.1 "8 .1. .. Iii Ii> ~ii I=j ~ ,I' .. .:1 " 'I' .. " .. i~1 .. .... 0- I !e "" !h .. .. .. ....~ i'~ i ".. .. .. .. :..~ ,.~ .. !:. . " ." . " .. Ii: I .. .. .. l!Z .. ii'. .. "" .. ..: C- :I~ . i" . .... .. - .. -. . .. .... .!, ~ .. . .. .... I". .. .. .. " lnl .. .1: ! ~ !,: : I ~..- .... ,:" .,. 0- "I " ~ , 0- ~ lnl 0- -- 8 ~:I' i :;I. . l! ll: lr .. .. . l!i . . , ! i .. ! liiii;i:ddliii iaiUt;I==,.. ... , .. . .0: .~ Q- .. ~P.".""".""" 1!I!lfI!I~!I!I'II"~ t;!I;!IHH"" i.l.a..~.;;... ............ .", ~ , !.............t:~ .................................. i <,j Ii II; ". I I ~ii~~~.. -III~ I '"U''' ..UI I IrY f . ~~~~~~~~ UII I ..... :. 'U.U!I ."';:1 . I U.. .ai1. J i I mm;; ~ :i.~ g II, r 111111 " ~...~ :....1 .. ! ggUll it .. III ! ..sll..... ! i - i,,~mm I ~f;l :i Ii ~.lI . . ". . !! "::i,.1I - .1 "'i"'p'!1 "'rs :~~ I :: . ,. it i !!. m . . I! =a.llc::t " ~ <I :! i2 - .. .. i i ! Cf .. Ii! 1'1 :: "".-1 '" ... l! .... : ::!ip I; i .. !i9 ....... I............ .. .~"I 11 !:: i !; I hi " " ................ I.II~I l1li.... "'85 .~ r /I ON /l 6/ 'J3S 5 lO1 .1.11O!J it . 7 ti L r ''''8'5 o~ r /I ON , l 6/ 'J3S 9 lO1 l.11O!J ...J Cl:: it ...J Cl:: i , L ...,:,.. o ...... ,_....~... ........,.. . . .....' ')'I, I ~. . ' .-- - ..... C ...J ...J Cl:: ... .. :: en I- 2 w ~ ~ ~ ~ - ( TIM 15775 Agenda Item #4 Hearing Date: 11-6-96 Page 4 AITACHMENT 'C' REVERSION TO ACREAGE FINDINGS OF FACT 1. That dedications or offers of dedication to be vacated or abandoned by the reversion to acreage are unnecessary for present or prospective public purposes in that all proposed streets that served the recorded tracts exclusively will be vacated/abandoned. The exception is the proposed extension of Sterling Avenue which could serve other properties in the future and whose right of way will remain dedicated. 2. All owners of an interest in the real property within the subdivision have consented to reversion in that the property is owned by a single .entity and the application for reversion was signed by the owner. TIM 15775 Agenda hem #4 Hearing Date: 11-6-96 Page 5 ATIACHMENT '0' CONDITIONS OF APPROVAL Tentative Tract Map 15775 1. Within two years of this approval, commencement of construction shall have occurred or the permit/approval shall become null and void. Ind addition, if after commencement of construction, work is discontinued for a period of one year, then the permit/approval shall become null and void. Projects may be built in phases if pre-approved by the review authority. If a project is built in pre-approved phases, each subsequent phase shall have one year from the previous phase's date of construction commencement to have occurred or the permit/approval shall become null and void. Project: Tentative Tract Map 15775 Expiration Date: November 6, 1998 2. The review authority may, upon application being fIled 30 days prior to the expiration date and for good cause, grant up to three time extensions not to exceed a total of 36 months. The review authority shall ensure that the project complies with all current Development Code provISIons. 3. In the event that this approval is legally challenged, the City will promptly notify the applicant of any claim or action and will cooperate fully in the defense of the matter. Once notified, the applicant agrees to defend, indemnify, and hold harmless the City, its officers, agents and employees from any claim, action or proceeding against the City of San Bernardino. The applicant further agrees to reimburse the City of any costs and attorneys' fees which the City may be required by a court to pay as a result of such action, but such participation shall not relieve applicant of his or her obligation under this condition. TIM 15775 Agenda Item Hearing Date: 1-28-97 Page 4 ATIACHMENT 'B' REVERSION TO ACREAGE FINDINGS OF FACT 1. That dedications or offers of dedication to be vacated or abandoned by the reversion to acreage are unnecessary for present or prospective public purposes in that all proposed streets that served the recorded tracts exclusively will be vacated/abandoned. The exception is the proposed extension of Sterling Avenue which could serve other properties in the future and whose right of way will remain dedicated. 2. All owners of an interest in the real property within the subdivision have consented.to reversion in that the property is owned by a single entity and the application for reversion was signed by the owner. TIM 15775 Agenda Item Hearing Date: 1-28-97 Page 5 ATIACHMENT 'C' CONDnnONSOFAPPROVAL Tentative Tract Map 15775 1. Within two years of this approval, commencement of construction shall have occurred or the permit/approval shall become null and void. Ind addition, if after commencement of construction, work is discontinued for a period of one year, then the permit/approval shall become null and void. Projects may be built in phases if pre-approved by the review authority. If a project is built in pre-approved phases, each subsequent phase shall have one year from the previous phase's date of construction commencement to have occurred or the permit/approval shall become null and void. Project: Tentative Tract Map 15775 Expiration Date: January 28, 1999 2. The review authority may, upon application being filed 30 days prior to the expiration date and for good cause, grant up to three time extensions not to exceed a total of 36 months. The review authority shall ensure that the project complies with all current Development Code provisions. 3. In the event that this approval is legally challenged, the City will promptly notify the applicant of any claim or action and will cooperate fully in the defense of the matter. Once notified, the applicant agrees to defend, indemnify, and hold harmless the City, its officers, agents and employees from any claim, action or proceeding against the City of San Bernardino. The applicant further agrees to reimburse the City of any costs and attorneys' fees which the City may be required by a court to pay as a result of such action, but such participation shall not relieve applicant of his or her obligation under this condition. 4. This permit or approval is subject to the attached conditions or requirements of the following City Departments or Divisions: a. Public Works (Engineering) Department STANDARD REQUIREMENTS I2fEABIMENT OF PUBLIC WORKSJ CASE NO. TRACT /5775 CITY ENGINEER DESCRIPTION: REVERSION TO ACREAGE HEARING DATE OF TRACTS //857 THRU //860. AGENDA ITEM LOCATION: NORTHERL Y TERMINUS OF STERLING AV NORTH OF FOOTHILL OR. PAGE NO: . NOTE TO APPLICANT: Where separate Engineering plans are required, the applicant is responsIble for SUbmtrrlng the EngIneering plans dlrecVy to the EngIneerIng DivisIon. They may be submitted prior to submittal of Building Plans. 1. MaDDina a) A Final Map based upon field survey will be required. b) Sterling Avenue and Daley Canyon Road shall remain as a dedicated streets on the Final Map. c) Slope easements shall be dedicated along Sterling Avenue and Daley Canyon Road as necessary for roadway construction. These slope easements shall be plotted on the tentative map by the applicant's Engineer based on the roadway design shown on City Drawing No. 5869. d) Upon recording of the Final Map for Reversion to Acreage, all security bonds being held by the City for construction of Sterling Avenue and Daley Canyon Road as required by the Subdivision Agreement for Tracts 11857- 11860, shall be released. 2. Applicable Enaineerina Fees 1 a) Map Checking fee - $ 1,000.00. I All Fees are subject to change without notice. Page 1 011 1/6/97 CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES DEPARTMENT 300 North "D" SIred, 3rd Floor, S- &nu1rditID, CA 92418 ~ (909) 384-5057 Fa (909) 384-5080 APPLICATION FOR APPEAL OF A DIRECTOR DETERMINATION, DEVELOPMENT/ENVIRONMENTAL REVIEW COMMITTEE DETERMINATION OR PLANNING COMMISSION DETERMINATION Appellant's Name, Address & Phone Crawford Investment Co. Prooertv Manaqpmpnt 1770 N. Arrowhead Avenue San Bernardino, CA 92406 (909) 882-3393 Contact Person, Address & Phone Ron Kemoer (909) 882-3393 Pursuant to Section 19.52.100 of the Development (Municipal) Code, all appeal must be filed on a City application form within 15 days following the final date of action, accompanied by the appropriate 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. Date Appeal Filed :2.-10- 47 ",( A- , Received by M.t.PJ- Receipt No. Receipt Amount Appeal Application Page 2 The fonowing information must be completed: Specific action being appealed and date of that action Tentative Tract No. 15775 (Reversion to Acreaae) Tract No. 11857 thrnllqh 11AhnR~11O;:aqlO nT,1 nh? hnn nn T~prQ"'*WmgRt ies1d~ity Specific grounds for the appeal See attached documentation Action sought Retain $1,062,600.00 Improvement Security. Retain all dedicated Roadways said Security guarantees construction of. Retain needed Easements and Slope Easement on adjoininq parcels. Additional information 1!: r 4':),7/; A' February 7, 1997 /:A"; / ; d)1- _ '- -2.--- Signature of Ap~t Date , CRAWORD Investment Company January 27,1997 The City of San Bernardino Planning Commission RE: Tract 11857-11860 with regards to the proposed conversion to acreage and release of the security instrument"guaranteeing the construction of Sterling Avenue as well as Daley Canyon Road Dear Honorable Planning Commission Members, I am Ron Kemper of Crawford Investment Company, 1770 N. Arrowhead Avenue, San Bernardino, California. I am here representing my client who owns the adjoining property to the North and who is a lender who acquired the property through foreclosure. My client's property is comprised of 110 acres located one half mile north of Foothill Drive and at the end of Dedicated Sterling Avenue, a Public Road. Sterling Avenue is the primary access to their property and this Public Road was Accepted, Dedicated, Bonded, Final Engineering Plans approved for construction by the City, Recorded 1/22/86, Official Record No. 86-017624 with certified EIR and Addendum. In other words, Dedicated Sterling Avenue and improvements were bonded for construction and completion to their security the property they have since acquired through foreclosure. My client is adamantly opposed to the release of the surety and the security agreement guaranteeing the construction of Sterling Avenue and Daley Canyon Road for the following reasons. At the time that my client loaned money on the adjoining parcels it was represented to it by City staff that the construction of Sterling Avenue and Daley Canyon Road was guaranteed and provided the following documentation to my client: City of San Bernardino Memorandum, dated 4-1-81. " Sterling Avenue, Dedication of 60 feet of right-of-way. Curb separation shall be 40 feet. Construct curb and gutter both sides of street. Full street width paving from Foothill Drive to North line of Tract 11857. Sidewalk shall be constructed on the west side of the street. #J.q Real Estate Loons and Investments ~""'7 1770 NORTH ARROWHEAD AVENUE . POST OFFICE BOX 2727 . (909) 882-3393 . SAN BERNARDINO, CALIFORNIA 92406 January 27, 1997 Page 2 Slope easements shall be dedicated as required. Maximum street grade shall not exceed 12%. The intersection of Sterling and Foothill Drive shall be subject to the review and approval of the City Traffic Engineer. Sterling Avenue shall be constructed to the north Intersection with the Major Looped Private Street with Tract No. 11859." (see attachment A). City of San Bernardino Memorandum, dated 4-10-81: Two separate means of access shall be required during all phases. In order to achieve this ordinance requirement, Sterling Avenue shall be dedicated In its entirety with recordation of the first final map to connect with the emergency access route along the north boundary of Tentative Tract No. 11859. (see attachment- B). The Improvement Security Agreement between Redlands Federal Savings and the City of San Bernardino which states: "If the subdivider fails to complete and/or pay for the listed items, funds shall be immediately made available to the City to complete and/or pay for the listed items." (See attachment C). The City of San Bernardino in its 10-5-84 writing addressed the issue stating: "the items listed below shall be completed and/or submitted to the Director of Public Works, City Engineers Office, payable to the City of San Bernardino, where applicable prior to presentation of the final map to the Mayor and Common Council for final approval." (See attachment D). In addition, my client was provided with a copy of resolution number 85-408 which states "the final map of subdivision Tract is hereby approved and the City of San Bernardino hereby accepts as public property all dedications within the subdivision as shown on said final map for streets, alleys, Including acc.ess rights, drainage and other public easements as a condition precedent to approval of the final map. The subdivider shall first execute the agreement referenced in section 2, hereof for the improvements within said subdivision. (see attachment E). Also provided to my client was a copy of the agreement for subdivision improvements which notes that the Council has approved said map and accepted the dedications therein offered, and additionally requires a contract security concurrent with the execution hereof. (See item 10 of attachment F). Only after having the assurances of City staff and review of the above enclosed documents was my client willing to loan money for the development of the property to the north of the subject. January 27, 1997 Page 3 You might ask yourselves was my client the only one who based making financial decisions on the extension of Sterling Avenue. The answer is No. As is shown in attached documents (attachments G). The first being The City of San Bernardino Development Agencies Development Department. Which states in a request for proposals for the design of Little Sand Canyon, "the project area is designed for approximately 104 dwellings and would receive its primary access to the site via the extension of Sterling Avenue. The project should be designed for development as a gated community offering high quality, low density housing. With the adjacent Secret Hollow Ranch and Sterling Heights projects are proposed for designed as gated, planned developments. This cluster of three developments should bode well to establish the area as one with upscale housing and highly desirable neighborhoods." (See attachment G). In addition the City of San Bernardino Water Department and East Valley Water District have based decisions on the location of reservoirs and main line extensions upon the construction of Sterling Avenue. Please find enclosed an inter-departmental correspondence from the San Bemardino Municipal Water Department dated December 30, 1985 addressed to Roger Hargrave stating the water department has reviewed the Tract map 11857 including the proposed Sterling Avenue extension. The recordation of the said Tract map is approved subject to all conditions previously set forth by the Board of Water Commissioners. In the conditions it states "After final discussion, it was moved by Commissioner Willis, duly seconded by Commissioner Urata and unanimously voted to approve the proposed development Tract No. 7301 based upon Sterling Avenues extension as shown on exhibited map, to approve the equal exchange of property, to approve the signing of the recorded subdivision map, and approve the development of an access road and reservoir site, all being accomplished by Garner, Tracadas & Troy Inc.,. (See Attachment H). By releasing the surety, I believe the City of San Bernardino has an even greater liability. North of Bonita Vista, and west of Daley Canyon, there are well over 100 residences which do not have a second access in case of emergencies. The construction of Sterling Avenue was designed to mitigate this unfortunate sitl!ation. I am enclosing as attachment I, a fire prevention memorandum to AI Bouy, a Director of Planning and Building Services from E. Guy Burdick, Fire Marshall, dated May 10, 1993. In the memorandum, it states "It is the opinion of the Fire Department that Sterling Avenue above Foothill should be retained as a public right-of-way. This right of way would allow emergency vehicle to respond on these streets to rapidly respond into this area. Our experience has shown that small and winding residential streets like those proposed for the Sterling Heights Tract are highly restrictive and can be very congested In emergencies. These response vehicles would include fire engines, ambulances, water tenders, tractor/trailer rigs hauling January 27, 1997 Page 4 dozers, task force teams and numerous other agency vehicles. The response time in the foothill areas Is presently delayed due to the uphill grade and when this type of construction continues it will extend emergency response times because of the narrow and winding streets. When these streets are residential, the response time can only increase more because of children playing in or near the street and vehicles parked curbside or backing out of driveways. For the above reasons, Sterling Avenue is the recommended main route for access to the Sterling Heights area." (See Attachment I). Note: we believe for this reason alone the City of San Bernardino should be demanding the surety monies and building the improvements to ensure that these over 100 residences have adequate ingress and egress or response time for emergency vehicles during fire, medical emergencies and major catastrophes such as the Panoramic fire or a large earthquake. Here again, remember, without the extension of Sterling Avenue, over 100 residences in the City of San Bernardino, will have only one ingress and egress. If this is cut off, they will not have access to fire or medical aid. . Upon improper notice Tract 15775 was originally approved by the Planning Commission on November 6, 1996, that upon recordation of Tract 15775, Tracts 11857-11860 will be reverted to acreage. The conditions of approval allow for the retention of the Sterling Avenue right-of-way. Dedicated were Tracts 11857 on July 22, 1986. The future status of the improvement security put up by Redlands Federal for the construction of Sterling Avenue is unclear. Based on correspondence between Redlands Federal and the City Engineer, it appears the reason for the reversion to acreage is to allow the relinquishment of the Sterling Avenue surety. The Government Code section 66499.16 and 66499.17 state (see attachment J). 66499.16 Findings: subdivided real property may be reverted to acreage only if the legislative body finds that A) dedications or offers of dedication to be vacated or abandoned by the reversion to acreage are unnecessary for present or prospective purposes. 66499.17 Conditions; as conditions of reversion the legislative body shall require A) dedications or offers of dedication necessary for the purposes specified by the local ordinance following reversion. B) Retention of all previously paid fees if necessary to accomplish the purposes of this division or local ordinances adopted pursuant thereto. C). Retention of any portion of required Improvement security or deposits if necessary to accomplish the purposes of this division of local ordinance and adopted pursuant thereto. January 27, 1997 Page 5 Sterling Avenue is needed as the primary access to the Secret Hollow Ranch to the north, the City's Little Sand Canyon project to the east and for main line utilities and access to proposed water facilities. It will also provide secondary access to the existing homes to the west, when Daley Canyon road is connected to it. Tract 15775 appear to abandon the slope rights necessary for the construction of Sterling Avenue and it appears to abandon Daley Canyon road which is the secondary access connector for Secret Hollow Ranch and the homes to the west. It should be noted, that a review of the approved construction plans for Sterling Avenue indicate the need for 120,000 +/- cubic yards of import material to construct Sterling Avenue to the approved grades. It can be assumed that this import material was to come from the construction of 11857-11860 and is included in the surety as grading ($473,800.00). Upon reviewing this document as well as the documents provided, I believe that you will find that the subject does not meet the requirements as proposed for reversion to acreage, and I quote from 66499.16 Findings "Subdivided real property may be reverted to acreage only if the legislative body finds that A) dedications or offers of dedications to be vacated or abandoned by the reversion to the acreage are unnecessary for present or prospective purposes. And 66499.17 "Conditions: as conditions of reversion the legislative body shall require (Item C): retention of any portion of required improvement security or deposits if necessary to accomplish the purposes of this division of local ordinance adopted pursuant thereto." (See Attachment J). Finally, it is our position that Sterling Avenue as it is designed to be built should be kept in its entirety and its surety should be demanded from Redlands Federal by the City of San Bernardino for construction of Sterling Avenue as was represented to my client by the City of San Bernardino staff. Respectfully submitted, ~ Ron Kemper CRAWFORD INVESTMENT COMPANY Broker A CRAWORD Investment Company 4 Index of Attachments The City of San Bemardino Planning Commission RE: Tract 11857-11860/Proposed Conversion to Acreage/Release of Security Instrument ATTACHMENT A: City of San Bernardino Memorandum, dated 4-1-81 ATTACHMENT B: City of San Bernardino Memorandum, dated 4-1-81 ATTACHMENT C: Improvement Security Agreement ATTACHMENT D: City of San Bernardino Address 1984 ATTACHMENT E: Copy of Resolution No. 85-408 ATTACHMENT F: Agreement for Subdivision Improvements ATTACHMENT G: City of San Bernardino Development Department ATTACHMENT H: City of San Bernardino Water Department & East Valley Water District correspondence, dated 12-30-85. ATTACHMENT I: Director of Planning & Building Services correspondence dated 05-10-93 ATTACHMENT J: Government Code Section 66499.16 & 66499.17 Real Estate Loons and Investments 1770 NORTH ARROWHEAD AVENUE . POST OFFICE BOX 2727 . (909) 882-3393 . SAN BERNARDINO. CALIFORNIA 92406 ~TY OF SAN 'ERNARDINO 'c lit ~ ~EMORANDUM - To Frank Schuma, Planning Director From C. Glenn Wilson, Dir. of Public Works/City Engineer Apri 1 1, 1981 File No. 11.03 TR: 11857 thru 11800 Subject Engineering Division's Recommendations for Tentativ~ate Tract Nos. 11857, 11858, 11859 & 11860 (Reference oreviolls Tentative Tract No. 730ll - located north of Foothill Blvd. and west of Sterling Ave. Date Approved fD) ~ ~ ~ ~ w rID t Dedi ca ti on & Improvements: ~~ a ter1in. Avenue: Dedication of 60 feet of right-of-way. Curb separatlon s a be 40 feet. Construct curb and gutter both sides P.~f~ 1 1981 of street. Full street width paving from Foothill Drive to north line of Tract No. 11857. Sidewalk shall be constructed on the west side of street. Slope easements shall be dedicated'as required. :lTY PLi\!;i'!iI~G C,JMMI~SI(]; Maximum Street grade shall not exceed 12%: The intersection of Sterling and Foothill Drive shall be subject to the review and approval of the City Traffic Engineer. Sterling Avenue shall be constructed to the north intersection with the Major Looped Private Street with Tract No. 11859. b. Major Loo ed Private Street "A" Street on Tentative Tract No. 7301 : Curb separaton s a e 33 eet. Construct pavlng. curb an gutters, and sidewalks adjacent to the curb. Maximum street grade to be 12%. A deviation from the stated improvements could be granted subject to topographic constraints and a pedestrian plan approved by the Planning Commission. It shall be constructed to its north intersection with Sterling Avenue with Tract No. 11859. c. d. Additional East-West Street: Dedicate the northerly 25 feet of Tract No. 11857 for a future street. No improvements will be requi red. e. Prior to acceptance of improvement plans by City Engineer, sub- divider's engineer shall submit sufficient soil tests by a recog- nized soil testing lab to demonstrate the adequacy of the pavement design indicated on street cross sections shown on improvement plans. 2. All grading shall be done in compliance with the applicable provisions of Title 15 of the City Muncipa1 Code, the preliminary soil report, an approved grading plan, and the recommendations of the approved Geologic Report. Building set back lines from geological problem areas shall be shown on the Final Maps. Grading shall utilize contour grading and blend with the existing topography. Prior to completion and acceptance of the grading, all non-natural slopes shall be planted to provide visual relief as well as erosion control, as directed by the City Engineer. An automatic irrigation system shall be installed for all non-natural slopes in excess of five. feet in vertical height, prior to completion and acceptance of the grading. C, J' YO" J' H . =IIII~'V. /0 f B Frank Schuma, Planning Director RE: Engineering Division's Recommendations for Tentative Tract Nos. 11857, 11858, 11859 & 11860 (Reference previous Tentative No. 7301) - located north of Foothill Blvd. and west of Sterling Ave. Apri 1 1, 1981 Page 2 3. All drainage and Flood Control facilities shall be subject to the recommendations for the County Flood Control District and requirements of the City Engineer. The Engineer for the tract shall furnish drainage data as required by the City Engineer. Drainage easements shall be granted as required by the City Engineer. Drainage facilities shall, be constructed in accordance with the Comprehensive Storm Drain ,Master Plan and as required by the City Engineer. 4. All lots shall be served by the City of San Bernardino City Water and Sewer Systems. Required sewer main extensions shall be constructed at the Developer's expense. 5. Street signs, and other regulatory signs, shall be ,installed as required by the City Engineer; 6. Utility services shall be placed underground and easements provided as required. 7. Ornamental street, lights shall be installed on all streets (public and private) as required by City Electrical Superintendent. 8. An electrical energy fee ,for street lights, for a period of 48 months, shall be paid to the City Engineer prior to recordation of the Final Maps. 9. All driveway approaches to meet City standards or as may be approved by the City Engineer. . 10. A traffic study is to be completed for the intersection of Foothill Boulevard and Sterling Avenue prior to recordation of any of the Final Maps. 11. All spring water that may be uncovered during construction shall be drained by underground system. No open spring drainage will be permitted on the site. 12. The issuance of building permits for the units within the project shall be subject to the following standard fees a. sewer plant capacity expansion fee, b. sewer connection fee, and c. drainage fee. , t, C. GLENN WILSON Director of Public Works/City Engineer ~ lE@~~W~ ~ ,r'. 1 1981 6a.t 2.Y"~ Ifrf/H~ BARRYE R. HANSON Senior Engineer , ," ~,~ \1:r'lING COrv1MISSION, '1.'\. .- ,/.1 l CfTY OF SAN k ERNARDINO - . ,EMORANDU::\ C To The Honorable Mayor and Common Council Frank A. Schuma From Planning Director Subject Tentative Tract Nos. 11857, 1185$, 11859, 11860, Iyard 4 Date April 10, 1981 Approved Date At the meeting of the Planning Commission on April 7, 1981, the following recommendation was made: That the application for Tentative Tract Nos. 11857, 11858, 11859, and 11860, to create a 113 unit townhome complex and one single-family residence in the PRD-3U Planned Residential Developn;ent (three units per acre) ,zone for property consisting of approximately 49 acres located north of the intersection of Foothill Drive and Sterling Avenue, east of Osbun Road, was recommended for approval based on findings of fact contained.within the attached staff report and subject to the conditions listed therein with the following additions as underlined: 1. Sqbject to the conditions of approval as stipulated in the staff report dated August 7, 1979 for Tentative Tract No. 7301. 14. Two separate means of access shall be required during all phases. In order to achieve this ordinance requirement, Sterling Avenue shall be dedicated in its entirety with recordation of the first final map .to connect with the emergency access route along the north boundary of Tentative Tract No. 11859. ~ The mitigated Negative Declaration, which was .reviewed and considered, was also approved. This item will be on the agenda for the Council meeting of April 20, 1981, . at 7:30 p.m. in the Council Chambers, City Hall, 300 North"D" Street, San Bernardino, California. Q)J-~~- FRANK A. SCHUMA Planning Director - mf attachments ~."''; cc: Building and Safety Dept. Engineering Division Mr. Robert Langston 1110 E. Highland Ave. San Bernardino, CA 92404 (,ry Oil "HfE=wJ~=Vl! 1.((. ..... . ~ .- Redlartds Federal Savings AND LOAN ASSOClAnON AOMINISTRA Tlve OFFices 300 E. STATE SJREET . P.O. BOX 260 REDLANDS, CALIFORNIA 92373 TELEPHONE (714) 793-2391 D September 30, 19B5 Director of Public. Works/City Engineer 300 North "E" Street San Bernardino, CA 9241B Subject: Tract No. 11857 thru 11860 Improvement Security Gentlemen: This is to certify, in accordance with the provisions of Sections 66496 and 66499 of the Subdivision Map Act and in compliance with Titles 15 and 18 of the City of San Bernardino Municipal Code, that the undersigned financial institution, subject to regulation by the state and federal governments, hereby pledges by this instrument of credit that the funds necessary to meet the performance of that certain contract, relating to Tract Nos. 11857 through 11860, between the subdivider REDLANDS FINANCIAL SERVICES, INCORPORATED, and the City of San Bernardino, State of California, are on deposit with the undersigned institution, and the undersigned institution agrees that the funds shall become designated as trust funds in the amounts and for the purposes set forth as follows: 1- 2. 3. 4. 5. Improvements - Faithful Performance Improvements - Labor and Materials Improvements - Guarantee and Warranty Grading Setting of Monuments Total $330,000.00 $165,000.00 $ 82,500.00 $473,800.00 $ 11,300.00 $1,062,600.00 If the subdivider fails to complete and/or pay for the listed items, funds shall be immediately made available to the City to complete and/or pay for the listed items. This obligation shall expire only upon written authorization from a duly authorized representative of the City of San Bernardino. /c " , \'''''IN('; ,(.~"_ C' .4,. /.' ~:.x:-"~-~"_:"'~'~/ ~.I- l::;r i...... -'.,-,- 1--, '~.-:'" ~~,~ :0 -..r . ," ~ " -: " ~.lrt'OF SAN:BERNARDiNO ,r (" " 300 NORTH. MOM STREET. SAN BERNARDINO. CALIFORNIA 9241B .. ..... . ":.."; . ," I -, -.. ......... ~.~;.,~:~-~~.,~~:~~~-~ j ,IE ":-' W.R. "BOB" HOLCOMB Mayor October 5. 1984 File No. 11.03 ' Tract No. 11857 1-/ thru 11860 . ~emben of the Common Council' RO:4--: A. Cutaned. . . . . . . . . . Flnt Ward J.c" =.llly............. . Second W.rd RI':'"' ....rn.ndez . . . . . . . . . . . Third Ward St.~. "'.rks . . . . . . . . . . . . . Fourth Ward Go"":~" Qui.' . . . . . . . . . . . . . Fifth Ward 0." :'uler . . . . . ~ . . . . . . . . Slxtft Ward Jacot Strlc.kl.r . . . . . . . ~ . . . .seventh Ward Mr.. Robert Langston 1110 E. Highland Avenue San Bernardino. CA 92404 Re: Recordation Requirement for Tract No. 11857 thru 11860 Gentlemen: The items listed below' shall be completed and/or submitted to the' Director of Public Works/City Engineer's office (payable' to the City .of San Bernardin'o. where applicable) prior to presentation of the final map to the Mayor and Common Council for ffnal approval. A. Separate Original Bonds in the amounts shown below: 1. Faithful Performance Bond..........$330.000.00 2. Labor and MateriaJ Bond............$165.000.00 3. Guarantee.and Warranty Bond........$ 82.500.00 4. Staking Bond................~......$ .11,300.00 5. Grading Bond.......~...............$473.800.00 B. Fees: 1. Street Light Electrical Energy Fee.$ 2. Grading Plan checking fe~.~........$ 7.092.00 273.00 C. A g r e e men t: At t a c h e d a r.e Improvement Agreement for All three signed copies .Agreement. D. Insurance: A copy of all insurance certificates required in the Agreement. t~ree copies of the signature (notarized) shall be returned. City Standard by Developer. Do not da te Eo Plans: All plans (Street Impro.vement. Grading and, Final Map. etc;) shall be approved' by the Ci ty. Engineer.. .... "'~,.~ ~_: .~'. ~~ '.1' -~ . ,..-" {' E F. CC & R shall be reviewed and approved by the City Attorney. If you should have any questions, please contact Mr. 'oun Kim at (714) 383-5111 or 383~5027. Very truly yours, ROGER G. HARDGRAVE . Director of Public Works/City ~f R. DAVID TRIETSCH Assistant City Engi~eer YH'K:rs . i.', " ~ Engineer, 2 . " 1 2 3 4 5 6 7 8 9 10 11 12 13 RESOLUTION NO I' - -/>'~ . {,)..;- II} RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE FINAL MAP FOR SUBDIVISION TRACT NO. 11857, 11858, 11859 and 11860, LOCATED NORTH OF THE INTERSECTICm' OF FOOTHILL DRIVE AND STERLING AVENUE, EAST OF OSBUN ROAD, ACCEPTING THE PUBLIC DEDICATIONS AS SET FORTH ON SAID MAP; AND AUTHORIZING EXECUTION OF THE STANDARD FORM OF AGREEMENT FOR THE IMPROVEMENTS IN SAID SUBDIVISION, WITH TIME FOR PERFORMANCE SPECIFIED. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS~ SECTION 1: The Mayor and Common Council find that proposed Subdivision Tract tlo. 11857, 11858.' 11859 and 11860. , located North of the intersectio-n of Foothill Drive and Sterling Avenue. East of Osbun Road, together with the provisions for its design and improvements is consistent with the General Plan of the City of San Bernardino. SECTION 2: The Mayor of the City of San Bernardino is authorized on behalf of said City to execute the standard 14 form of agreement adopted by Resolution No. 84-8 with Redlands 15 16 17 18 19 -20 21 22 23 24 25 26 27 28 Financial Services. Incorporated. for the improvements in said subdivision tract as are required by Title 18 of the San Bernardino Municipal Code and the California Subdivision Map Act. The time for performance is specified at 24 months. Said improvements are specifically described and shown on Drawing No. 5869. 5957 and 5755. approved and on file in the Office of the City Engineer of the City of San Bernardino. SECTION 3: The final map of said subdivision tract is hereby approved and the City of San Bernardino hereby accepts as public property all dedications within the subdivisior as shown on said final map for streets, alleys. (including access rig h t s ), d r a i nag e and 0 t hOe r pub 1 ice a s e men ts . A sac 0 n d i t ion 1 '0 r pr~cedent to approval of the final map. the Subdivi~r shall first execute the agreement referenced in Section Z hereof for the improvements within said subdivisi~;~ The City Clerk shall certify the approval and acceptance of the Mayor and Common Council as set forth in this resolution. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a /~t~!> ! ,."f . / i ~ . .it-I meeting thereof, held on the . 19B5, by the following vote. 71'1-. day of I to-wi t: A YES: Council Membe~,s, '-z'l.1('J...,. I1J~ r--:/i;"';'1; > .\} 'j (,"l!u;f.. / NAYS: ABSENT: / -. .- '-1'1 P'o',/ I f..<o':/'l.-r_ .- -:.. "/'- ~~,CY-t~t/ 1/ "- "",) 1 /'/_ 0 "'- , .j \ .i.<-t:. [~/:~ r // ~ . Olt. _0 _ /._,,~:(,.-<f' ...'y' c- // :Y Sr1AU~_k~ City Clerk day of The foregoing resolution is hereby approved this ~/' ~\;i(j:-:t{.., , 19B5-. . . ,~; ~"', '-fl./~; ::>~~.1" Mayor of the City of San Bernardino Approved as to form: ~~z ~r; &.<. t;.?::'::-~;"'.'."; Ci ty Attorney Z I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 . 22 23 24 25 26 27 28 I t , I j I 1"1 F State of California ). County of San Bernardino) SS City of San'Bernardino ) , I do hereby certify that the foregoing Resolu~ion No. i~?/C/7 . is a full. true and correct copy of that now on f le in this office. IN WITNESS WHEREOF. I a f fix e d the sea 1 ,Q f. the ,//rl~ day 0 f t:eJJ1.<-- have hereunto City of San . 1984. set my hand and Bernardino. this J' ~, , ,-~ . ,,; -:~ !t.A~- ~Y, :C1~ 10 II 12 1J 14 15 16 17 18 19 20 21 22 23 24 ')- I -:> I 26 I 'I 27 'I \ Ii 21t 'I Ii " b !I il ~ i !i .., G 1 AiRIIMlliT (subdivision improvements) 2 3 THIS AGREEMENT is made and entered into this ~~~'day of ;(~~lii'i/ , 19S.c':'by and between the CITY OF SAN BERNARDI NO - 4 5 a municipal corporation, hereinafter referred to as "City", and REDLANDS Fn.iANCIAL SERVICES. INC .herei nafter referred to as 6 7 "Subdivider". 8 9 R E C I TAL S : -------- Subdivider has presented to City for approval a final sub- TRACT NO. 11B57 " The map has been filed with the City for presentation to the City Council (hereinafter called "Council") of the City for its approval, which map is hereby referred to and incorporated herein. Subdivider has requested approval of the map prior to the con- struction and completion of improvements, including all streets, highways or public ways and public utility facilities which are a part of, or appurtenant to, the subdivision (hereinafter called "subdivision") designated in the map, all in accordance with, and as required by, the plans and ,specifications for all or any of said improvements in, appurtenant to, or outside the limits of subdivision, which plans and specifications are now on file in the office of the City Engineer of City. Council has approved said map and accepted the dedications therein offered, or some thereof, on condition that Subdivider first enter into and execute thi s agreement with the City. ~: 1 2 3 4 5 6 7 8 9 10 11 12 13 :4 15 16 17 18 19 20 21 22 23 II 24 25 I I , 26 , I I 27 I! -, 'I I ! 28 !i , -- Ii II Ii ,I 'I !I :1 This agreement is executed pursuant to the provisions of the Sub- division Map Act of the State of California and Title 18 San Bernardino I Municipal Code. I' NOW, THEREFORE, for and in consideration of the approval of the I I 1 map and of the acceptance of the dedications or some thereof, therein offered, and in order to insure satisfactory performance by Subdivider of Subdivider's obligations under said Subdivision Map Act and said Ordinance, the parties agree as follows: 1. Performance of ~Iork Subdivider will do and perform, or cause to be done and performed, at Subdivider's own expense, in a good and workmanlike manner, and furnish all required materials, all to the satisfaction of the City Engineer of City the work and improvements within (and/or without) the subdivision to complete the improvements in accordance with the plans and specifications on file as hereinbefore specified, or with any changes required or ordered by said Engineer, which in his opinion are necessary or required to complete the work. 2. Work: Places and Grades to be Fixed by Engineer All of said work is to be done at the places, of the materials. in the manner, and at the grades. all as shown upon the plans and specifications therefor, here- tofore approved by City Engineer and which are nO~1 on file in his office, and to the satisfaction of said City Engineer. 3. Work: Time for COlTll1encement and Performance City hereby fixes the time for the completion of said -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 II 26 'I 27 II ,. " 'I 26 I. II ;1 'i I I I I: work to be within 24 MONTHS from the date hereof. 4. Time of Essence - Extension Time is of the essence of this agreement; provided, that in the event good cause is shown therefor, the Citv Engineer may extend the time for completion of the improvements hereunder. Any such extension may be granted without notice to the Subdivider's surety, and extensions so granted shall not relieve the surety's liability on the bond to secure the faithful performance of this agreement. The City Engineer shall be the sole and final judge as to whether or not good cause has been shown to entitle Subdivider to an exten- sion. 5. Repairs and Replacements Subdivider shall replace, or have replaced, or repair, or have repaired, as the case may be, all pipes and monuments shown on the map which have been destroyed or damaged, and Subdivider shall re- pla~e cr rave replaced, repair, or have repaired, as the case may be, or pay to the owner, the entire cost of replacement or repairs, of any and all property damaged or destroyed bv reason of any work done hereunder, whether such property be owned bv the United States or ~ny agency thereof, or the State of California, or any agency or , political subdiyision thereof, or by the City or by any public or private corporation, or by any person whomsoever, or hv any combina- tion of such owners. Any such re~air or reolacement shall be to the satisfaction, and suhject to the approval, of the City Engineer. 6. Utility Deoosits - Statement Subdivider shall file with the City Clerk, prior to the commencement - 3 - 1 2 3 4 5 6 7 8 9 10 II 12 13 14 ]5 16 17 18 19 20 21 22 23 24 25 26 II 27 ,I II 28 :i II ! of any work to be performed within the area delineated on- the map, a written statement signed bv Subdivider, and each public utilitv corporation involved, to the effect that Subdivider has made all deposits legally required by such pUblic utility corporation for the connection of any and all public utilities to be supplied by such pUblic utili~v corporation within the Subdivision. 7 . . Permits: Compliance with Law Subdivider shall, at Subdivider's expense, obtain all necessary permits and licenses for the construction of such improvements, give all necessary notices and pay-all fees and taxes reouired by law. Subdivider shall comply with all provisions of the Subdivi- sion Map Act and Title 18 San Bernardino ~unicipal Code. 8. Superintendence bv Subdivider Subdivider shall give personal superintendence to the work on said improvement, or have a competent foreman or Superintendent, satisfactory to the Ci~v Engineer on the work at all times during progress, with authoritv to act for Subdivider. 9. Inspection by City Subdivider shall at all times maintain proper facilities and provide safe access for inspection bv City, to all parts cf the work, and to the shops wherein the work is in preparation. , 10. Contract Security Concurrently with the execution hereof, Subdivider shan furnish to City improvement securitv as follows: (1) ~n amount EIJual tr- a.t least one hundred percent of the total estimated cost of the improvement and acts to be performed as ---i sec~ri:y for the faithful performance of this agreement; - 4 - :1 !! 1. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 1 . 19 20 21 22 23 24 25 26 27 28 (2) An amount equal to at least fifty percent of the total estimated cost of the improvements and acts to be performed as security for the payment of all persons performing labor and furnishing mater- ials in connection with this agreement; and (3) An ampunt enual to at least twen~y-five percent of the total est:mated cost of the improyements and acts to be oerforwed as security for the guarantee and warranty of the work for a period of one (1) year following the completion and acceotance thereof against any defective work or labor done, or defective materials furnished. As a part of the obligation guaranteed by the security and in add- ition to the face amount of the security, there shall be included costs and reasonable expenses and fees, including reasonable attorneys' fees incurred by City in successfully enforcing the obligation secured. The type of security furnished shall be in the form of bonds, deposits or letters of credit as proyided in Title 18 San Bernardino I'unicipal Code; and the type shall be at the option of and subject to the approval of the City Engineer and the City Attorney. Hold Harmless Agreement Subdivider herebv agrees to, and shall, hold Citv, its elective and appointive boards, commissions, officers, agents and employees, tarwless . , , from any liabili~y for damage or claims for damage for personal injury, inclndinCj death, as "fell as from claims for pro~crty damage which mav arise from Subdivider's or Subdivider's contractors', subcontractors', agents' or employees' operations under this agreement, whether such operations be by Subdivider or by any of Subdivider's contractors, subcontractors, or by and one or more persons directly or indirectly emploved by, or acting as agent for, Subdivider or any of Subdivider's contractors or subcontractors. Subdivider a~'Tees to, and shall, defend City, and its - 5 - 1 apnointive boards, commissions, officers, agents and employees from any suits or actions at law or in eouitv for damages caused, or alleged to have ~eer caused, by reason of any of the aforesaid 2 3 4 operations, provided as follows: 5 a. That City does not, and shall not" waive anv rights against 6 Subdivider which it may have by reason of the aforesaid hold 7 harmless agreement, because of the acceptance bv City, or the deposit with City by Subdivider, or ~n\, cf the insurance policies 8 9 described in Paragraph 12 hereof. b. That the aforesaid hold harmless agreement bv Subdivider shall apply to all damages and claims for damages of every kind 10 11 12 suffered, or alleged to have been suffered, bv reason of anv 13 of the aforesaid operations referred to in this paragraph, 14 regardless of whether cr not City has nrepared, supplied or 15 an proved of, nlans and/or specifications for the subdivision, or regardless of whether or not such insurance policies shall 16 17 have been determined to be applicable to anv of such damages 18 or claims for damages. 19 12. Subdivider's Insurance Subdivider shall not commence work under this agreement until Subdivider shall hav,~ obta ined a 11 insurance reQui red under this paragranh and , 20 21 22 such insurance shall have been approved, by City Attorney as to form, 23 amount and carrier, nor shall ~ubdivider allow any contractor or Sub- 24 contractor to commence ,,:erk en t,;s contract or subcontract until all 25 similar insurance required of,the contractor or subcontractor shall have been so obtained and approved. All reauire~ents herein provided shall apnear either in the body of the insurance policies or as endorse- ments and shall specifically bind the insurance carrier. 26 27 28 - 6 - 1 a. Compensation Insurance Subdivider shall maintain, durin~ the life of this agreement, Workmen's Compensation Insurance for all Subdivi~er's employees employed at the site of imorovement, and in case any work is sublet, Subdivider shall require any contractor or subcontractor similarlv to provide Workmen's Compensation Insurance for all contractor's or subcontractor's employees, unless such employees 2 3 4 5 6 7 8 are covered by the protection afforded bv Subdivider. In case 9 any class of employees engaged in work under this agreement at the site of the project is not protected under any Workmen's 10 11 C0mpr:nsvti0n Law, Subdivider shall vrovide and shall cause each 12 contractor and subcontractor to ~rovide, adequate insurance for the protection of employees not otherwise orotected. Subdi~ider shall indemnify City for any damage resulting to it from failure of ei ther Subdivider or any cOntractor or subcontractor to take 13 14 15 16 out or maintain such insurance. 17 b. Public Liablity and Property Damage Insurance Subdivider shall take out and maintain during the life of this 18 19 agreement such public liability and property damage insurance as shall insure Ci~y, its elective and appointive boards, commis- 20 21 sions, officers, agents and employees, Subdivider ar.d any contrac tor or subcontractor performing work covered by this agreement from claims for damages for oersonal in.iurv, including death, as well as from claims for nronerty damage which may arise from 22 23 24 25 Subl1ivider's 01' any contractor's or S:Jbcontractor' s operations 26 hereunder, whether such operatiors be bv Subdivider or any contractor or subcontractor, or bv anyone directlv or indirectly ernployed by ei ther Subdivi der or any contractor os sUbcontractor'1 and the amounts of such insurance shall be as follows: - 7 - 27 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 II 1 I I (1) Public Liabil itv Insurance In an amount not ~ess than $ 100.000.00 for injuries, including, but not limited to, death, to anv one person and, subject to the same limit for each person, in an amount not less than $ 300.000.00 on account of anv one occurrence; (2) Property DamaQe Insurance In an amount not less than $ 50.000.00 for damage to the property of each person on account of anv one occurrence. In the event that any of the aforesaid insurance policies provided for in this Paragraph 12 insures any entity, person, board or commission other than those'mentioned in this para- graph, such policy shall contain a standard form of Cr0SS- liability endorsement, insuring on such policy Citv, its elective and appointive boards, commissions, officers, agents and employees, Subdivider and any contractor c.r subcortractor performing work covered bv this agreement. 13. Evidence of Insurance Subdivider shall furnish City concurrently with the execution hereof, with satisfactory evidence of the insurance required, and evidence that each carrier is required to give Citv at least ten days prior notice of the cancellation or reduction in coverage of any policy during the effective ~eriod of this agreement. 14. Title to Improvements Title to, and ownership of, all improvements constructed hereunder by Subdivider shall vest absolutely in Ci~v, upon completion and acceptance of such improvements by City. - !l - 1 2 3 4 5 6 7 8 9 10 I 11 I 12 I 13 14 15 16 17 18 19 20 21 22 23 I 24 II 25 I 26 I I 27 I I! 28 ., I: 15. Repair or Reconstruction of Defective Work If. within a period of one vear after final acceptance of the work performed under this agreement. any structure or nart of any strllct'lre furni 5hec and/or i nsta 11 ed or cons tructed, or ca used to be installed or constructed bV Subdivider, or anv of the work done under this agreement, fails to fulfill any of the reouirements of this agreement or the specifications referred to herein, Sub- divider shall without delay and without any cost to City, repair or replace or reconstruct any defective or otherwise unsntc$fact- ory part or parts of the work or structure. Should SubdiVider fa ilto act promptly or in accordance with this reQuirement, or should the exigencies of the Subdividi:r car. te r.ctified, City may at . its epticn, make the necessary repairs or replacements or perform the necessary work and Subdivider shall pav to City the actual cost of such repairs plus fifteen percent (15%). 16. Subdivider Not Agent of City Neither Subdivider nor any of Subdivider's agents or contractors are or shall be considered to be "!1ents of City in connection with the performance of Subdivider's obligations under this agreement. 17. Cost of Engineering and Inspection Subdivider shall pay to City the costs of all permit fees for all engi neeri ng inspections and oth€'r servi cesr.cnnected with the Citv in regard to the subdivision. Said fees shall be paid prior to commencing any construction. 18. Notice of Breach an~ Default If Subdivider refuses or fails to obtain nrosecution of the work, or any severable part thereof, with such diliqence as will insure its completion within the time specified, or anv extensions thr;ro., or fails to obtain completion of said work within such time, or if - 9 - " 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 the Subdi"ider should be adjudged a bankrupt, or Subdivider should make a general assic)n llcnt for the benefit of Subdivider's creditors, or if a receiver should be appointed in the event of SilbdiviC:Er's insolvency, or if SlIbc~ivicer, or anv of Subdivider's contractors, subcontractors, agents or employees, should violate any of the provisions of'this agreement, City Engineer or Citv Council may serve ~Iri tten notice uron Subdivider and Subdivider's 'surety of breach of this agreement, or of anv pcrtion thereof, and default of Subdivider. 19 Breach of Agreement; Perfomance h" Suretv or Citv In the event of any sllch notice, Subdivider's suretv shall have the duty to take oVr;r and con:plete the \'Iork and the irr.prover.ient herein specified; provided, hOI'lever, that if the surety, within five days after the serving upon, if of such notice of breach, does not give City written notice of its intention to take over the performance of the contract, and does not commence perfonTl?nce tr.ereof within five days after notice to City of such election, City may take over the ~Iork and prosecute the same to compl eti or., by contract or by any other method City m~v deem advisable, for the account and c,t the expense of SL!bdi\'idEr, and Subdivider's , surety shall be liable to Citv for any, excess cost or damages occasioned Ci:y thereby; and, in such event, City, without liabi-, lity for so doing, may take possession of, and utilize in com- pleting the work, such materials, appliances, plant and other property belont;ing to Subdividet. as may be on the site of the work and necessary therefor. 20. Noti ces All notices herein required shall he in writing, and delivered in person or sent by registered mail, postage prepaid. - 10 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Notices re~uired to be given to City shall be addressed as follows: City Administrator, City Hall, 300 North "D" Street, San Bernardino, California 92418. Notices reouired to be given to Subdivider shall be addressed as follows: RED LANDS FINANCIAL SERVICES, INC. 300 E. State St., Redalnds,CA 92373 Notices required to be given surety of Subdivider shall be addressed as follmvs: RED LANDS FEDERAL SAVINGS & LOAN ASSOCIATION 300 E. State St., Redlands, CA 92373 Attn: Roger Steelman Provided t~at any party or the surety mav change suc~ address bv notice in writing to 'the other partv and thereafter notices shall be addressed and transmitted to the new address. IN WITi'lESS WHEREOF, the parti es hereto have executed th is agreement on the dav and year first above written. ,IITTEST: CITY I)F SAN BER'lI\RJlINO 0:-' By:rKt(f~~_ /,)~G~- I'lavor v " .di??// /:#./ ..(iJ;?,</;, Ci-'ty Clerk SUBDllfII')EP. Annrov~~ as to form: Bv: PRESIDENT Ci tv A ttornev Bv: SECRETARY I~ISTRIIr:TII)NS If the Subdivider is a cnrrcration, the agreement must be executen in e corporate name and signed b,v the President or a \lice-President ~r,d the - 11 - it o () >< :i N OJ 6 ,: " e;. .. r- M .:. ..: () d z ~i ~~ ..: UI Ul 1 2 3 4 5 6 7 8 H , Secretarv or ~ssistant Secretary, and the corporate seal affixed.- If the Subdivider is a partnership, it must be signed bv all partners. If the Subdivider is an individual doing business under a fictitious name, it must be signed by all cersons having an interest in the business, and the ficti- tious name must be signed al so. The agreement must be notarized bv the Subdivi der. ~~~:~O~ALIFO~':~ Bernar_<!j,no .. ____ }s.s. On Ihislhe 2nd day 01 O<:.t.9l:!eL..... 19!!.:1__.beloreme. the undersigned. a Notary Public in and for said County and. Stale. personally appeared _.n__ ___ __..__._ ____ PhillipR,. Broclerick _..__., personally known 10 me or1'fOYed-t&~ fhe b4';'~ .)( 'ftatiskletery c i~eflee 10 be the . __. _ Presiden.. and ._n._n_______ .__._..______ . Robe.rt .G..._!"i~ns.. ..__~__.personally known to me 'O'-Pfouod~M-&asi6 af salisfaol(lf) 8 rideA08 to be ... Seaetaty of the corporation that executed the within instrument on behalf 0' the corporation Iherein named. and ackn0w- ledged 10 me that such corporation executed the within instrument pursuanllo its bY-~'!!5 or a re5'1!ulion of iI's bo~ of directors,. Signalure ..w~;;f--~- .__._ ~;;!~~~2 FOR NOTARY SEAL OR STAMP ~ .mO" ...' -.. '. . . WILLIAM L. GI~?.?N . ' 'NOTARY P'J8lIC-CA.I,.',RNIA '~ ,... NOTARY ,,0;;0 FILED IN '. , SAN BERNARDINO COUNTY . .... , mber 12 1987 My Commission Expires Nove . 19 20 21 22 23 24 25 26 I 27 I 28 " I' il I I - 12 - ,I !I i! /","_ I' j" City of San Bernardino ECONOMIC DEVELOPMENT AGENCY 1TmoIhy C. SWnhaus Agency Administrator September 23,1992 . De"'''''''''nt Depanment - Redevelopment . Community Development . s.n BerrwrIino Downtown Main Street. tnc. . Conventicn and V"1Sito~ Bureau . Economic Deve""""nt Counal I'lr. Richard L. ~peck;y, Viee President vrr.T .nul " ASSOCTI.'Mt.<: ~50 East Hospitalit7 Lane San Beruardino, Cal1fcml1a 92408 SUBJECt: Request For Proposals Bo. 1DA/92-o2/0393q DE IlESIGII OF LIm.I SAlDCAlIIOB '1'0 WHOM IT !!AY COBCERN: The Development Departiaent of the Eeonolllie Development Aael1C:Y of the Cit7 of San Beruardino invites your firm to submit. proposal in response to its request entitled: !HE DESIGI( OF LIm.I SAID CUYOl(. The dollar _ 8IIIount for this projeet vill be determined 117 the seope of i~ryiees sUbmitted by the sueceasful offeror. Any questions regarding the teChnical aspect and contraetual nsture of the proposal are to be directed to: T1IIIothy C. Steinhaus, Mmin1atrator Attn: Doris A. Daniels, Senior Planner EconOlll1c Development Aaenc:y Ci ty of San Bernardino 201 B. "Eft Street, Third Floor San Beruardino, California 92401-1507 Telephone (714) 384-5081 Enclosed is a request for proposal (RFP) and recOllllllended reference. This is a negotiated procurement utilizing the Request for Proposal method. The award viII be to the respondent SUbmitting-the best responsible proposal satisfying the City'. requirements, rather than the lowest priced proposal. \ , ~Vr ,". V )?f1f N,..""", 1= <:'1.._... T'I..;_ C',-"_.. r~_ n_._~_;__ ...._.,,_ Ilequest for ProPO..'. September 23, 1992 Page I'Ulllber -2- Two (2) copies of the proposal are to be submitted in a sealed envelope bearing the DaIIIe GI4 address of the respondent and the Ileanest for Pronosal I'umber. Please address your proposal to Attn: Doria A. Daniels, Senior Planner, IcOl10111ic Development Agency, 201 1'. "E" Street, Third Floor, San Bernardino, California 92401. the proposal aay be hand-delivered to the ECOl1olllic Development Agency at the same address. the two (2) copies of the proposal should be submitted in sufficient time to be received on or before 4 p.II., Honday, October 19, 1992. 110 LAD PlOPOSALS WILL BE AC;CAru.u. mE DEP~ VILL BOT COllSIDn IJa>>m.ErE PlOPOSALS. thank you in advance for your interest in the City of San Bernardino. Sincerely , (' ~.....,.,-- ~ Eccmo.1c Develop.ent ~enc:y TCS:DAD:lag:0393q II6.E"A.KAftCE The DevelotllDent Code, %he City of San Beruardino, adopted June 3,-.1990. UP Bo. 1DA/92-o2/0393q Pace 1 of -7- CIn OF SA1f BlRlWUlIBO ECONOMIC DEVELOl'MEBT AGDCY DEVELOl'MEBT DEPAttI'W'lI IIQlmSY lOR PROPOSALS lOR DB IlESIGII 01' LIm.E IBD COIOII I. SCOPE OF WOn: I.. ParDose The Development Departllent of the City of Sm Bernardino Economic Development A&enc,., hereinafter referred to &8 the Departlllent, requests proposals to desian an upscale residential development that offers high qualit,., low denaity housiD&. - The CitY of Sm Bernardino wishes to develop a plamled lated cOIIIIIIUIlity that will establish the Little Sand Cm:yon area.. one of the premier and hi&hl:y deaireable neighborhoods in the City. B. Proieet lecme The Development Departlllent of the City of Sm Bernardino 18 seeltins proposals from m enaineeriD& fi~ to desien a residential development on a proposed 151 acre site (see attached maps). The site is a tri~ular shape with ita southem lIost tip fo~ed b:y the lIerliD& of Foothill Boulevard and the Kanzanita Drive ali&nment. The broader northern base of the property abuts the proposed Secret Hollow Itmch area (previousl:y Woodland Heights) of approDmatel:y one - hundred eighty (180) 1II1its on one h1ID6red twenty (120) acres. On the West is tlie proposed SterliD& Heiahta area (tract IlUlllber 14112) desianed for approxillatel:y fifty-six (56) Iota with a ..fnf_ of 10,500 square feet. - The project area 18 deaianed for approDmatel:y 104 dwelliD&s and vould receive its prillar:y access to the site via -the extension of Sterling Avenue. The project should be desianed for development as a gated COllllllUl1ity offerin& high quality, lov density housiD&. Both the adjacent Secret Hollow-Rmch and SterliD& Heights projects are proposed for desian as lated plamled developments. This cluster of the three (3) developments should bode veIl to establish the area as one vith upscale housiD& and hi&h1,. desirable neighborhoods. To the degree possible, the-ezistiD& major ridgelines, topograph:y and water areas shOUld be preserved. The approximatel,. 104__ csn:yon Iota should average 12,500 square feet and home locations should be oriented to take advmtage of city views to the south md vest. Most of the site should be preserved in natural open space with hiking trails throughout the development. Ci trus Irovea md other UP Bo. BDA/92-o2l0393q lqe 2 of -7- types of Qrlculture, where cost effectlve, ..y be proposed to be planted vlthin the San Andres fault zone and alOll& SOllIe of the hillsldes. c. 1a,.....'I"ftftn.. In Bovember, 1991. the Jlous1D& Divlsion of the Clty's DeveloPllent Departlllent publ1shed the Comprehensive JlOUS1D& UfordabUlty Strate&y (CJIAS). The purpose of the CJIAS vu to identify the eurrent and projected hous1D& affordsbil1ty needs Of the COllllllUll1ty, to usess avaUable and potential resources. and to inventory ez1st1n& institutional eapabil1ty to meet the identified houa1D& needs. Staff noted frOll researeh1n& the CJIAS that the data indlcated not only a need for affordable hous1D& for low wome persOllS, but also the need for new upsule hous1D& for young middle and upper ineOllle professlonals. \ \ In April, 1992. the COIIIIII1.IJ11ty Development COlIIII1ulon approved the Llttle Sand C~on Heights Development Concept. the staff report addressed the need for the development of addltional upscale houa1D& lII11ts to meet the needs of yoUl18 profe88iona18 who v1shed to establ1sh residence 111 the Clty of San Bernardino. D. PrOt><>sal Guide1mes Only complete respOllSes to this UP vlll be conaldered. Offerers should adhere to the follov1D& auldel1nes: 1. El12lbl1ltv Crlteria . a. Oraanization . An enalneer1D& flm that has enaaaec! in pl......"I. civU ena1neer1n& and surYey1D& practices. (Submit Articlea of Incorporation or other prOOf.) State if entity 18.. l1m1ted partnership, corporation. etc. . b. (;eocraphic Area The proposed approziaately 1Sl acre site (see attaChed ..ps) is a trilUl&ular shape vith its southern most tip fomed by the aera1D& of Foothill Boulevard and the Manzanita Drive al1gD11ent. The broader northern base of the property abuts the Secret Hollow Ranch srea(previoua1y Woodland Heights) area (tentative tract number 15185). On the West is the proposed Sterl1n& Heights area (tract number 14112). 2. Pr02ram Ob1ectives The City's Objectives are as follows: 1. To select an experienced engineer1D& firm to design s cated upscale residential development that offers high quality, low density housing. UP lio. ED.V92-o2/0393q Page 3 of -7- 2. To dedan a denloPlllent of siD&le family reaidential units COIIa1atent 111 th the requirements of this UP and the Denlonment Code of the City of San Bernardino. 3. 1'0 dedan Little Sand ClD)"on to add additional upscale middle and upper income houaiD& units to the City's houaiD& stock. 4. 1'0 dedan a plumed ,ated cOllIlIl1mity that 11111 establish the Little Sand ClD)"on area as one of the premier housiD& and M&hlY dedreable nei&hborhoods in the City of San Bernardino. II. PROPOSAL 1:EOuJ.........".S J.. ProDosal Format This section provides the f01'lllat for respondiD& -to the UP. All items require a reaPOllae. Inf01'lllation should be presented in the same order and f01'lllat .. spedUed. If an itaa 18 not relevant to the offeror, please indicate not applicable. The City 11111 not cOIIaider incOlllplete proposals. .A. Table of Contents and _ hecuthe S_ry are required. Please DUlllber all pages. The inf01'lllation wUI be used SOlely by the Departlllent for purposea of evaluation and 11111 be kept Confidential to the utent alloyed by law. (j ./ i -L ,J :.... 1. Provide the proposer's lWIIe, title, aaUiD& adclresa, street address, and telephone DUmber. Deacribe the nature of the proposer's business and len&th of operation. Specify parent company if the cOlIIpany 18 a corporation, partnership, joint venture or other. If a corporatioD, specify date incorporated. List other dba's. 2. L1at Officers, partners, or owner(s) 'Of the proposer entity by DaIle, title, type of entity, and percentof-01inership. Indicate the DaIle and telephone DUlllber of the representative authorized to act on behalf of the proposer entity. . 3. Provide reSUllles of the prinCipals in your fim. lesUllles should s_rize the profesdonal ezperience of each person, inclucliD& total time with fim, present responsibilities, and a description of their ezperience prior to jo1niD& the Um. Personnel - Provide resUllles and Job descriptions of all staff assigned to the project. 4. Describe the offeror's ezperience in designing and constructing s1llilar projects, includiD& comparable public/private projects with emphasis on compliance with pluming/develoPlllental criteria, middle and upper income housing, scale of deVelopment, cooperation with . pUblic aaenciea and date of successful completion. 5. Provide a site plan of the proposed residential development. The dte plan should follow the fomat approved by the City of San Bernardino Pluming and Building Servicea Department. JtFP lfo. EDA/92-o2/0393q Page " of -7- 6. Deacribe the lIam1er in vh1ch the offeror vill puraue the desi&n of this project. Provide detaila of all tasks to include relevant profeaaional reporta, ~le.tonea, etc. that viII be neceassry to complete the project. (Provide the Completed Program Performance Schedule attached.) B. SDecial ProrldCIDB 1. Contract Incorporation The contents of the aucceasful proposal viII become a part of the aubaequent contractual document. Hovever, prior to contract execution, the Department reservea the ri&ht to negotiate apecific elelllents of 8JI)' succesaful proposal. Failure of reapondent to accept thia Obligation ma.y result in the cancellation of any award. 2. Acceptance The Department reaerves the ri&ht to reject 8JI)' and all proposals and to resolieit for new reaponsea to the IFP. All propoaala vill be evaluated as aubadtted. The Department 18 UDder DO Obligation to contact an offeror relard1n& incomplete information or clarification of propoaal elementa. 3. Reporta Once an aareement 18 executed, the offeror 8hall submit such statelllenta, recorda, elata and information perta1n1n& to II&ttera covered UDder the aareement at such timea and in such forms aa required 117 the Department. 4. Contract PQllent The contract document 8hall be prepared 117 the Deve10Plllent Department. Applicable local, 8tate and federal rules and regulations 8hall be incorporated or referenced in the contract boiler plate and aa apecial conditiCIDB in the contract work statement wherever applicable. A nelotiated contract amount 18 contemplated purauant to pqment terms outlined in the contract. The offeror shall state Mather rillin&neaa to comply with all applieable.rulea and regulations of local, state and federal covernin& entitiea. The Propoaer IlU8t atate Mather compliance with the terms of the Request for Proposal. (Submit attached contract compliance statement form.) S. Releaae of Proprietary Information Proprietary information submitted relative to th18 iFP 18 for the exclusive use of the Department. Said Ilateriala and information are subject to diaclosure UDder the proviaioDS of the California Public Recorda Act, Government Code SectioDS6250 et aeq. UP 110. EDA/92-o2l0393q Paae 5 of -7- C. Ileauired .&tt:a""-enbl 1. Contract Compliance Stateaent Form 2. Orlan!zational Chart/Kanaaeaent Structure 3. ProlrUl Performance Schedule 4. Staff llulIIIu/Job Ducriptions D. ~ ~.....~. ..." Di.eloll'Drt! %he Department reservu the riaht, for any reuon, to accept or reject any or all proposals, to nelotiate the tellll8 and specifications for the project, to aodif,. any part of the UP, or to issue a new 1lFP. the Department ..sUlles no~ responsibility or liability for the accuracy of any inforaation set forth in _ps, reports, or other documents/aaterials provided for the respODdant's 1I8e in de.,elopin& its proposal. Proponent ..81IIIes all liability in the 1I8e of such inforaation in developin& its proposal. the Department ..slllles no responsibility or liability for costs incurred by the proponent in the preparation of . proposal and r..ponse to this 1lFP. I. CoImetitfYI! SeleetfcmJ'Eyal11AtfDD "aetonl %he successful offeror viII be selected sccordin& to evaluation factors outlined belovo these factors shall be spplied to all eli&ible, ruponsi.,e offerors in compsrin& proposals and selectin& the Successful offeror that the best responsi.,e proposal satisfYin& the Department's requireaents. 1. %he feuibility of the work plan; the performance schedule to achie.,e the prolrUl's loals and objecti.,es, and the extent to Vhlch the project proposes to address UDmet and/or critical houain& needs in the coanm!ty. 2. Oraan!zationsl structure and a&nqeaent practices. 3. Qualifications of personnel Who viII administer the project. 4. Experience of the orlanization in pro.,idin& sernces or products described in the Scope of Work. 5. Cost effecti.,eness: the budlet is adequate and desian coats are appropriate in relation to the de.,elopment project proposed. 6. Innovatlveneaa: the extent to Which the. project concept ia inno.,ati.,e and reaponds to the needa atated in this UP. uP 50. EDA/92-o2/0393q Page 6 of -7- 7. Oraan!zation's affirmative action poliey and procedures and dt!lllonstraUd business relationships with IIinority and ft!lllale-ovned businesses. IV . PROPOSAL sumn:SSI01l' Proposals shall be ..iled or delivered to the folloviDa address: .&ttn: Doris .&. Daniels, Senior Plazmer BcllJ1Olll1c Developtllent .&seney Developtllent Department City of San Bernardino 201 5. "E" Street, 1'h1rd Floor San Bernardino, California 92401 Telephone (714) 384-5081 ALL PROPOSALS I!lJST BE IECEIVBD BY 4:00 P.K. OR'I!OR'D.&Y. OCTOBE2 19, 1992. DAD:paw:0393q :\ =:1 . \ ~ ;~U! I ~ !> .' f i:s jl ". . ~B . i~ · 11f @: Hi I b . ." . ~, - !, : . III - 4 ~ .. - ~il ~ ~ @I f to --1J: !,. . . !. i - Ii' - ~~ - J ~. - - '1 ~ . - - ..,~ l - r1" i.=- . - " ill I e 'N ill ;;:; - l ~J . j + ~. . ..... \ . . . f1\ . I r .f . . , I .. L;.a.., l$i '......" o. -. '. @I ~--_. - .r r.."'!"-.. l$i '- . ~ o. _. ~J --..0.--.. _ .1 ~ ....L. . I , on @ .:,!~~ on . = ~ ~~:t _c . ~S.;,_ 1:- ~ 0 ~~ ll~ ~ .~ Ie ,eo I":. .....ll!! :II &!H It~ . ~ .J H1.t 11& ~~ <ID "'Ill'" . - ~ - .. ~l " ~ c . ~ .. .. i ~ 'tl " ~ CO a.c - :: I! 8 ll:l 11: Q. - .. ~.!.:: a:i - II tri i : .t=,g - c z:: ~ - .. 0 . @ .a ~ .. t a: II : i r S ~ @ - ~- - - .!!c:- ! ;::: .. - c z: ~ ~ l!! - - g - ... ~... o ~- 1 & ~J !;. - ~. i ... " - c E .... . .! 0 O!:- gj;. ~ ~ c .!! ~ l ~ .!! .e e ~ ~ 0 ~ u " , 11 ~ c ~~ ~ . -- ~ . --' ... - - .. @ . - T- -- I I ..- I ~ .... "'i c:i~ I :: .1= . d5 I I . ,.....,,.,, @ -~ ($s @) ~ ..... "~...'I o I 0 i 0 t --.- '\ ". ATrA~r PERFORMANCE SwuwuLE List descriptively all phases and their respective major ateps which will be undertaken to accomplish the program objectives. Identify the date on which each step will be atarted and completed. l'EIlFORKABCE SCHEDULE ACTIVITY DArE START COMPLErE TOUL TIME WEElCSIMOImrS 1. 2. 3. '4. ~. s. 6. , ACTIVITY DATE START CO!!PLETE TOTAL TIME WEEKSIMOlmlS 7. 8. 9. 10. 11. 12. 13. .. " .. " .. o o N N ~ ~ ~ ~ .... ~.-_...--, -;;........-..-.....J O..p.l.TL 5.p.a.u (/ ( \ l - - c... "" E Zl c.< " -... " " .... " .. Qc .. g::;: ....= c_ .. c u" ...s c .. .. .. cnc. " .!IQ -.. .- " ..l- .. , <::: Q t:l.':' -.- ~{,;) u< d z l- v <( c: l- I-' z 1.>J l- -, ,.... .............. --, /.!) --;'../~ - .--/", ........--'" . , ) ..... -........- ...,.-.,. .1 !. = --,,~ ____j ~,.. ""'..~ 9 tJH..Il~w. s.~,t.I, ; ~ - - - .. :-r:.:':::'~~. VICINI\! MlP III "'" ,- -) , :...--' -:.-,., -) k'/Il( .... / SAN BERNARDINO MUNICIPAL WATER DEPARTMENT Inter-Departmental Correspondence December 30. 1985 FROM: Roger Hardgrave . Director of Public Works/ City Engineer Joe Bocanegra W. U. Engineering Supervisor TRACT MAP 11857 TO: SUBJECT: The Water Department has reviewed Tract Map 11857 including the proposed Sterling Avenue extension. 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FIRE PREVENTION J [0) ~~~~wrn lID LnJ HAY t 1 1993 MEMOAANDUM CITY OF SAN BERNAlIOINO OEP AR7MENT OF ;'{.At-;~jNG ::a aUIlOlj\;G St':"ViCES TO: Al Boughey, Director Planning & Building services E. Guy Burdick, Fire Marshal V-Y6 FROM: SUBJECT: Tentative Tract No. 14112 (Sterling Heights) May 10, 1993 DATE: UMJ It is the' opinion. of the Fire. Department that Sterling Avenue above Foothill should be retained as a public right-of-way. This right- of-way would allow emergency vehicles that respond on these streets to rapidly respond into this area. Our experience has shown that small and winding residential streets like those proposed for the Sterlinq Heiqhts Tract are hiqhly restrictive and can be very conqested in emerqencies. These response vehicles would include fire engines, ambulances, water tenders, tractor trailer riqs haulinq dozers, task force teams and numerous other related aqency vehicles. . The response time in the foothill areas is presently delayed due to the uphill qrade and when this type of'construction continues it will extend emerqency response times because of the narrow and windinq streets. When these streets are residential, the response time can only increase more because of children playinq ~n or near the street and vehicles parked curb-side or backing out of driveways. For the above reasons, Sterling Avenue is the recommended main route for access into the Sterlinq Heiqhts area. i .j ! i I 'i I , I , , Div.2 REVERSIONS AND EXCLUSIONS ~ 66499.16 ~ 66499;14. processingfee The legislative body may establish a fee for processing reversions to acreage pursuant to this article in an amount which will reimburse the local agency for all costs incurred in processing such reversion to acreage. Such fee shall be paid by the owners at the -time of filing the petition for reversion to acreage, or if the proceedings for rever- sion to acreage are initiated by the legislative body on its own motion shall be paid by the person or persons requesting the legislativ.e body to proceed pursuant to this article before such initiation of proceed- ings. (Added by Stats.1974, c. 1636, p. 3606, ~ 4, operative March I, 1976.) I \ Historical Note Oerlvatl..: BUB. & Prof.C. former , 118U, added by S'ata.l00l, e. ~07, \.. 1~, I 1. ~ 66499.15. Notice and hearing A public heanng shall be held on the proposed reversion to acreage. Notice thereof shall be given in the time and manner pro- vided in Section 66451.3. (Added by Stats.1974, c. 1636, I', 3606, ~ 4, operative March 1,1976.) / I Historical Note Oerl.allaa: Bus. & Prof.C. for...r' n... '" Prof-C. fonuer I 11640, added 1153'l, added by 8,.'a.1M3, e. l:!ll, I'. 808. by S...e.lIll19, e. !lIIlO,\', 41101, , 1. I I, a....ded by 8'a'..lll5l1, Co 11593, I'. 0 8'1 . 2889, , 1; 8,.'a.1983, e. 023. p. H~,. 8'....1931. e. 61 ,p. 1 3,' 2~. 1: 8ta,..1001, e. 332, p. 1ll32, I 1. . . . ~ 66499.16. FIndings Subdivided real property may be reverted to acreage only if the legislative body finds that: (a) Dedications or offers of dedication to be vacated or aban- doned by the reversion to acreage are unnecessary for present or pro- spective public purposes; and (b) Either: (1) All owners of an interest in the real property within the subdivision have consented to reversion; or (2) None of the improvements required to be made have been made within two years from the date the final or parcel map was filed for record, or within the time allowed by agreement for comple- tion of the improvements, whichever is the later; or 3lIC C".eoO.-13 363 / , '~i.J, -.' ., .;: " '. :j , j ,:t.J.... . J: 11; ; ~~;, ; l!~ 'If....' ':i .'. I i\ i :V .'1' t,t l~~ ~~;; ~f! .,,~,.~ ~"1;' ~-;~ 1ft. !' , ! I ~ 66499.16 SUBDIVISIONS Title 7 (3) No lots shown on the final or parcel map have been sold within five years from the date such map was filed for record. (Added by Stals.1974, c. 1536, p. 3506, ~ 4, operative March 1,1975.) 111510rlcol Nole Derivation: BUM. & ProLG. Cormer ~ 115:17. adder1 b~' ~tots.Jf}.J3. c. ]2~. I', ~OX. A 1, lllucnclcd b}' SlatN.1fJr.r.. c. Hif):J. I'. 2&.~. ! j; ~tRt9.1003. c. 0'23. 1'. ].Iun, 5. J; Scnts.I00;. c. 332, 11. 1532, ! 1. HUN. & I'roC.e. former ! ]HHO. added h~' ~tnt".HJ!iO. e. mliG. II, 4501. t 1. Htntlll.1937, e. 070. I), 1873, 124. Cross References Termination, offers of dedication, exec1,lioD under this sectloD, see I 66477.2. ~ . ~ Law Review Commentaries t\ Forcc(l dedi('ntioOlc rue n cOIulition to subdh'ision 811pronl. (1971) {) Snn Di('go 1...Re". 112. ~ 66499.17. Conditions t:: " l!,: ~~. :: ~i: As conditions of reversion the legislative body shall require: (a) Dedications or offers of dedication necessary for the pur- poses specified by local ordinance following reversion. (b) Retention of all previously paid fees if necessary to accom- plish the purposes of this division or local ordinance adopted pursuant thereto. (c) Retention of any portion of required improvement security or deposits if necessary to accomplish the purposes of this division of ~ local ordinance adopted pursu!"nt thereto. (Added by Stats.1974, c. 1536, p. 3D<ffi, ~ 4, operative March 1,1976.) ~.;: I 'j, i' . i Cross References Termination, oUer o( dedication, eXCef)tioD under this section, see 166477.2. :;'" ~ 66499.18. j" i ;, , il ;' , !l " ~ I \: Effective date of reversion; effect on dedications and offers Reversion shall be effective upon the final map being filed for rec- ord by the county recorder, and thereupon all dedications and offers of dedication not shown thereon shall be of no further force or effect. (Added by Stats.1974, c. 1536, p. 3506, ~ 4, operative March I, 1975.) 364 > I ;, I !i Ii. I' I , Div.2 REVERSIONS AND EXCLUSIONS ~ 66499.21 Historical Note Derivation: Bus. & Praf.e. forlller * 11537. added by Stuts.lW3, c. ]28. II. 868. S 1. amended by Stats.19M, c. 1593. 1). 2889, I 7; S,0'9.1963, e. 623, 1'. 1499, I 1: 8'0'9.1967, c. 332, p. 1532, 11. DUll. & Prof.C. former S 11040. added b)" Stllt~.1951. c. 1956, I), 4561. 5 1. 8CII(I$.1U37. c. 670. II. 1~73. 5 :!.l. Cross References Termination, offer of dedication, exception under this sectioD. see t 6&:177.2. ~ 66499.19. Return of fees and deposits; release of security When a reversion is effective, aH fees and deposits shaH be re- turned and all improvement security released, except those retained pursuant to Section 66499.17. (Added by Stats.1974, c. 1536, p. 3464, ~ 4, operative March 1, 1975.) ~ 66499.20. Tax bond not required A tax bond shaH not be required in reversion proceedings. (Added by Stats.1974, c. 1536, p. 3506, ~ 4, operative March 1, 1975.) Hlltorlcal Note Derlvallon: Bus. & Prof.C. former 1 S,o'9.1937. c. 670, p. 1873, 124. 11537, odded by S,o,".1943. c. 128. p. 1593, I I, omended by 8'ots.1955, c. 1593, p.2889, I 7: S'nts.l063, c. 623, p. 1490, I I: 8'0'0.1967, c. 332, p. 1532, 11. ~ 66499.20%. Filing parcel ma.ps; conditions; approval; ef- fect; streets A city or county may, by ordinance, authorize a parcel map to be filed under the provisions of this chapter for the purpose of reverting to acreage land previously subdivided and consisting of four or less contiguous parcels under the same ownership. Any map so submit- ted shaH be accompanied by evidence of title and nonuse or lack of necessity of any streets or easements which are to be vacated or abandoned. Any streets or easements to be left in effect after the re- version shaH be adequately delineated on the map. After approval of the reversion by the governing body or advisory agency the map shaH be delivered to the county recorcler. The filing of the map shall constitute legal reversion to acreage of the land affected thereby, and shall also constitute abandonment of all streets and easements not shown on the map. The filing of the map shall also constitute a merger of the separate parcels into one parcel for purposes of this chapter and shall thereafter be shown as such on the assessment roll subject to the provisions of Section 66445. Except as provided in 365 '.1 , " '~ " 'J ....'.2 .'j ',j ~ '1 ~ ] ) I , ';; ;:. " ,; ~ ') , I l OVERNMENT CODE md any alteration thereof Ie time and in the manner r, and shall indemnity and Llated, then this obligation I effect. It specified therefor, there , attorney's fees, Incurred easts and included In any teration or addition to the ecificationB accompanying { waive notice of any such t or to the work or to the and surety above named, being furnished for the 1 the following amounts: lr more than 100 pereeot jitioned upon the faithful o percent nor more than nee of the required act, !bing labor, materials, or ,to " livisiona (a) and (b) is a of its agencies, or funded Nith subdlviaiona (a) and ,bdivision (0) of Seetion 19 ~e improvements has lit 'of 100 pereeot of the le nonprofit corporation ,tract for the payment of ". o the eantractor by the I of this chapter, and out formed in the work, and full to the date of the expired after the filing by, and a waiver of lien ~rlsks .. .. . .-" GOVERNMENT CODE ~ 66499.7 . (3) All eertifieationa 80 to progreae paymenta shall be delivered through the United Statea man to the nonprofit corporation. The term "progreae paymeJ1la" meana paymenta lIIade In eamplianee with the 8<heduJe of partial paymenta agreed upon In the eontract for the work. No leae than 10 pereeot of the tota1 ealltract price shall be retained for the 60 daya following the liling of the notice of completion. , (d) Subject to the Iimilationa of SeCtion 66499.9. an amount determined by the legislative body .......ary for the gu;I1'8IItee and warranty of the work for a period of one year following the eampletion sncI aeoeplanee thereof agaInat any defeetlve work or labor done, or defective materiala furniahed. (Amended by Slata.I988, e. 1308, f 4.) 1lI88 Loeblatlon The 1988 _. pnIYided In IAlbd. (eXI) lor IeUaw Ii oredlt (ll"lI\'!ded _IIG paraaraph (8) of oubdlviaion 00 III SeelIon 66499 for 1_ of the contrael of ion""",.. llIIIlla; lnaerled In IAlbd. (0)(2) "under !he control of !he Historical and Statutory Not.. nonprolll eot1>O"'Uon and'; Inserted.ubd. (o)(2XC) re1at- Ing IG review 8Dd opprovai of Jll"'li"'OI payment biIIinp by IoeoI govemmont; subolJluted "30" lor "60" days In Ollbd. (0)(2)(1)); provfded in Ollbd. (oX2)(D) for _ of Den righla provided by !he controetor, 8Dd IIUIde IAlbd. (d) oubjeet to tbe IImilationo of I 66499.9. I 66499.7. Releaae of security The security I'urniahed by the lubdivider shall be rele80ed in whole or in part in the following manner: (I) Seeurity given for faithful perfomiance of any act or agreement shall be released upon the performanee of the act or final eampletion and acceplanee of the required work, or the legislative body may provide for the partial releaee of the aeeurlty upon the partial performance of the act or the ooeeptance 01 the work 80 it progreaaea, under rul.. establiahed by the legislative body. (b) Seeurity aeeurlng the payment to the contractor, his or her lubeontraetora and to persona 6IrnIahIng labor, materiala or equipment lhall, after paeaago of the time within which elaima of Hen are required to be recorded punWlJlt to Article 3 (commonplng with Section 3114) of Chapter 2 of Title 16 of Part 4 01 Division 3 of the CIvD Code and after acceptance of the work, be reduced to an amount equal 'to the total cIalmed by all clalmanta for whom elaima of Hen bave been reeorded and notice thereof given In writing to the 1egislative body, and if no such cIafma bave been reeorded, the aeeurlty shall be reieaaed In ~ -" The releaee shall not apply to any required guarantee and warranty period required by Seetion 66499.9 fer tli8llWU'8Dtee or warranty nor to the amount of the aeeurlty deemed neeeaeary by the Ioeal agency for aueh guarantee and warranty period nor to eoala and reasonable expenaea and"f.ea,lncluding reasonable atlorneYl!' fees. The legislative body may authorize any of ita publle o!lieera or employees to authorize rele80e or reduction of the aeeurlty In aeeordanoe with the conditio.. hereinabove 80t forth and In aeeordance with aueh rulea 80 it may preaeribe. (Amended by Stata.l9B3, Co 1196, i 2; Stata.I9B8, Co 1308, i 6.) Historical and Statutory Notea 1983 Ameadment. Subatituted "shall. for ""may" in the ing "warranty period"; and made a nonsubstantive iDlrodOM:llon, In IAlbd. (0) lUld lwiee In the fInol paragraph ehange. of Olbd. (h); lUld oubaliMed, In tb. fInol panogropb of Olbd. (h). "equalIG" for "nollesa tb.... 1988 LoebIaUon n.e 1988 omendmenl inoerled, In subd. (h), "requirod by ~D 66499.9 for the guarantee or wammly" CoUow- Chapter 6 REVERSIONS AND EXCLUSIONS Article 1 / REVERSION TO ACREAGE Section 66499.20%. ~"iling parcel maps; conditions; 31J- provalj effect; streets. Section 664,gc.J.20~ Merger 3mi resubdivisiol1; filing map; effect. Additions or ch~nge8 Indicated py underllnej deleUons by asterisks . * . , 185 I , ; . i: " ,. L .'; ~ 66499.19 GOVERNMENT CODE f 66499.19. Return of f... and deposits; release of security I Exduotrity 1 Notes of Dedslons . . polled punuant tAl the oct upon ",ndomiufwu deveIopor who deOlred tAl ,obandon project and ohtaln rOAmd alls city .....oed...... B A P DeveIopnent Corp. v. CIty ~ Saratoga (App. 6 DIot. 19l16) 230 CaI.Rplr. 192, 186 Col App.3d 949. 1. Exeluafvlty Thill oct deoeribed excluxive means after recordation of final map for obtaining refund of development feea im- , I I. f 66499.20~. FlIlng parcel mapa; conditions; approval; effect; streets A city or county may, by ordinance, authorize a parcel map .to be 1iled under the Jl1'O'lsions of lhiI chapter for the purpose of reverting to acreage land previously subdivided and consisting of foar or lOss contlguous parceJa under the same ownerslllp. Any map ao submitted ahaD be IlCCOIJipimled by evidence of title and nonuse or lack of neceaaity of any public alreets or r,ubl!< eaaemenbi whleb are to be vacated or abandoned. Any publle alreets or publle essements to be eft m e1I"ect after the reversion shall be adequately dellneated on the map. Aller approval of the reveralon by the governing body or ~ ageney the map shall be delivered to the county recorder. The fl1lng of the map shall.conatItuie legal reveralon to acreage of the land affected thereby, and shall aIao conatltute abandonment of all pubHe streets or publle eaaements not abown on the map rovided however that written notation oteicli abandonment fa Dated b reference to the reco' ata erea . Ihoae ublle . alreets or eaaements to on ma e er 0 the e or e of the . e bod a e. The 6Iing of e map aIao constitute a IIIerger IOparale pareeIa to one for purposea of thia chapter and shall thereafter. be abown II auch on. thO aaeessnient roD subject to the provisions of Section 66446. Except II provided In aubdivlalon (f) of Section 66445, on any parcel map used for revertlrig aCreage, . eertllleate shall appear aigDed and aclmowledged by all partiea having any record title Intereatln the ,land being reverted, Consenting i.o lbe preparation and 6Iing of the pareeI map. . (Am!!llded by Stats.l993, .. 906 (A.B.657), f 10, e1I". oCt. 8, 1993, operative Jan. I, 1994.) . ! I I l.'. I.. i:~ I;' f r I , I Hlotorlcal and Statutory Notes donment ill lUted h1 ier~ b; .ihe ~ dais ereatIng tboae publle atreeta Or publle ....e...nta, IDd CertIfied tAl on the IUIp by the derl< of the legillJatlve body or the designee of the Iegta1ative body approvillg the map". . ,., Sev.rablIity of prooIBIona of a_l999, .. 906 (A.BJi67), see 1IiIItorieaI aocI a_tory Notea under (lqveinmelll Code f 176M.6. 1993 Legklatlon SectIon 1 of Stato.I993, .. 906 (A.B.567), provide&: '"l'hia oct ahaI1 be known and may be dted .. the Omnibua Loeal Govemm..t Act of 1998.. The 1993 amendment aubetiluled "publle atreets or public eaeemenbl" tor "streets' or easements" and Inserted .. provided however that written notation or each aban- f 66499.2l1l1. Merger and reaubdivlolon; filing map; offeet Subdivided Ianda may be merged and ......bdivided withOut merung to acreage by complylng with aD the applleable requirements for the subdiviaion of Iond II provided by lhIa, divIalon and any loeal ordinances adopted pursuant thereto. The tillng of the 6naI map or pareeI DUip,shall constitute legal merging of the ..parote pareeIa Into one parcel and the resubdlvlalon of auch parcel, and the teal property shaD thereafter be shown with lbe new lot or parcel boundaries on lbe asaeainnent roD. Any unused fees or deposits previously made purauantto Wa division Perta;ning to the Property shall be credited pro rata towards any requirements for the same purpoaes which are applicable at the time of resubdlvision. An.k'dublic a!reets or public essements to be lell. in e1I"ect after the reaubdivlslon shall be adequately dellne on the map. Aller spproval of the merger and ......bdivision by the governing body or advisory agency the map shaD be delivered to the county recorder. The tillng of the map abaD eonatllute legal merger and reaubdivision of the land affected thereby, and shaD silO conatltule abandonment of all public streets and public easements not shown on the map, provided that a written notation of each abandonment is Dated b. reference to the recordln. data ereatln.ll these public a!reets or public eaaements. and certified to on the map by the clerk of the I~lative ~ or e desilttlee of lbe leJrisJative body aPDrovinR' the map. (Amended by Slats. 1m, c. 906 (A.B.5S7), ! 11. e1I". Del 8, 1993, operative Jan. I, 1994.) IIislorical and Slatutory Nolea 1993 Legislation "'This ad shall be known and may be cited as the Section 1 oC Stats.l993, e. 906 (AB.557), provides: Omnibul!I Local Gov~ment Act of 1993." Additions or changas Indicated by' underline; deletions by aaierlsks . * * 186 GOV'ERNME The 1993 arner "streets" and "pul provided that 8 'jI listed by refer.n. pabHe sb'eet8 or ] in general 1 OrIclnaI aubdivl> ReIubdlTillon f Subd1rided Ian'" Subd1riden 4 . . L In pneraI . Contiguoua par parpoIell of tht S a IoeaI ordfnanee . wjtbfn the minlm '"re9'enfon to acr genera1 requlrelr {reau1xIIvldlng) P 649, 7-3-81. Z. Original aub .' Tbbi ieetlon dI ... ieeorded in map . Bling or the._ not d.~''''''' . DIot. 1990) 271 C deni<d. . a. Subdivided 1 '. Patented Iaodo .if IIlaluIe prov merged and rest eompJ,lng wjth . of land .. deac:rl1 oidInAnea idop of MendOdrio V CaLApp.4th 977. Section 66499.23. Ne f 66499.23. 1 The petltiOt appears after thoae portio,," data available county survey (Amended by 1981 Lochia. Section 24 of "The amendl1 ment Code in Ad . ":':~\N~1:~~ - ~"'. . 1(650,90 :- ... .> ./~ '.' - . !. , ~-"!..J.li~{1~..bl'L:;r..~:;: ,'J ,ir-;t; . i. ....:'.":i;.Y'_ I ..: :Library References "-";-;' -:'H ., ::":l,,'d:.ilj,;lol,~'t\;:~<'i~j!r,r,:i' :\!c.uroiaiaPnctJce~:~Tcn.ni.Fricdman. . I. eII.pier par8gr.ph'~'receren~:tO" ",~"'. Gt.rda. Hagarty. ace Guide', Table or Statutes Cor' .,,-- dlIcu8aing this ~., .",'.,',',',' ,.,..,';..,',";_.:",'..,:!,:.....'..'.'.",~,~. ,1..t.t".....I../'I,,, . ,..;~.;.:l .'"'. '-I' " "" 1_,., . C~ . 'm! r. "'.~ '";'.1.."',' ":..: . .,., f 65091.. Public notice for proJccto ',; ;,,'U ",,>(;,,!;'.l;I"~, ...:. . - . .' . . ""1 ::(a) When aprovlaion of this title requires notice 'of a public bearing to be given pursuant to'this, a;ectiou,\ooUce.abal1.be.:giveD..in.all or the (oUowing ways:; .-' ':.,;: ':...;....~.:'.! '.~ -.V..,"c', ", ..: ..':~~: . ...'. .(1) Notice 01 the hearing shaIJ be mailed or delivered at Ieaat 10 days prior to the hearing to the.: Or the subject real property' 0;'"the' owner'a 'duly 'authorized.gent; 'and' tO"the prOjeCt '\lPP~9 ~', (l!"'Noti<e' o{the hearing ahsJI bO mailed or delivered at least 10 'daY''-prior to 'the hearingW 'esch' ",' , AgencyOlqlCCted to'ProvWe water,'sewage, streets, roads,'sehools,or other 'essential fscilities'or l!01'I'iclI to.tbe'<proJe"t/whose'sbiJity to'provlde those ladIities' and services'may'be'significantIY':aft'" 'I'" ," "_' ,'" '" '. ".: - -',' . , ..: : ~ j . '. , '. " ", ',' '. ,'" .'; ,':' i .', ;" . .' i ..: .. :', :Ii~ :.CllNoti.eoCthO heIring'shaIJ bi.niaiJed or delivered, at least 10 days priOr to ,the he8rU1gto sJI: ", 0( res! propel(ty ..ahown on the IatA!st. equalized ......ment roU within 300 feet o~ the res! property"" " Is the subject 01 the hearing. In lieu of utilizing the'......BDlent rou,.the local agency IIIlQ' utilize..~, oC the eounty assessor or. tax coUector which contain more recent'lnfonnatio~ than. the .aBBellBinent, ill If the numberofownen to whom notice would be mailed or delivered pursuant to this' /Jarigrap&~ psragnph (1) is greater than 1,000, a local agency, In lieu of mailed or delivered notice, may,,'.: ' '. noti<e by plsclng a display advertisement of at least one-eighth page in at least' onenmpaper'ofgeD'" . ~~~~,~elocsl~~ lni<w~~~,is,c;ondu~,*,!~~,.~9, ~,~ ~"~ .~gr"j,J"'~"lJl ,:,>~ . ,;.'. 1':'1 ',;{;'l/; .'.,' .'; ,- '. :',;1'''',_';, .c:,,'''~~!'; .'i...~,::1 :~~.:.','<'!1--l;\. ,,"(4),If,'tbO-notice. is mailed'or delivered pursuant to psragnph (3), th~'notice..shaIJ,1IIsoielther~" '1' ',' I.),' .,..., ' .., I' " -.' .-", .,...." "'..I., "., ,11""1, . (A) 'Published pursuant to Section 606110 'at Ieaat one newspaPer of general circulatloi1 within' ~e . . agency which is conducting the proceeding at least 10 days prior to the hearing.' '''':''['''''''''''0.,,,,. .' , . . _ "-,'; i ..:,.,,-~ (]l) PostOd at least 10 days prior to ,the hearing In at le..t three public places Witbbi the boui1daiies' the local Agency,lncluding one public place Io,the ares directly all'ected by the proceeding... . ." .' .' ','" '- .. . " ,', '-.-.. "'. ': ,-<b) ,The notice sbsJI'lndude the information specified ,In Section 65094.:.""."" .' .' " ,,'.-. -' ,.',.......,.",' I .. (C), Inaddition to the noti<e requind by this seCtion, a local agency may' give notice of the hearing. any other manner It deems necessary or desirsble. .' "d,,, '(AddedhrBt&ts.1s84,-o.l009.l2. Amended by Stats.1985, ,,-' 1199, i 2.)"':"'. ""'1:"""(""" ,~:< ,: . . :~t';]i{.:::;t,;:~j;{,;;~:~;::::::;.:~':..~~~caIand Statutorr Notes "'A" "',,'~,:;~~;:;;' i'~t:r.;:~ ~,_' "'198.t ~f';'" ,:,_'''_,:. .~_,,,:,';':'~;L,, ;;.~.-.' . Former! 6646U. added by Sti.ta.1980, e.1164. po.- . .~; ,1.egiSIOUVe Inten~ reJatlog ll> SIalLl9ll4,' e.. 1009,... I L , .__Edue.C.13lIOO2. ' 'Dcmsllaa: F....... I Il686U, Idded by Slat&1976, e. !G, p;860,1 Z. _ bySlals,I976",,-:11ra, I' 2<114, '-" , _,,' , "", .: ,. :,;;".1',"", "~,' '11..&i Stata.l979.c.,-4'19.p.1636, t L,.-,.l .\-~.'.. . ,,".1';"" '::,:,_ .. ,. .j....... . :.i~ '\ f' ,. , . '.1"': . ;', ,", }I';',' if. ::;:!~i.H ~},)'i~:';;~'ltT! ii":",;'';.",,,' '. '. ,! .-, .... "1'')n ~r~' l}~ j 'J1ne J~2:~~~2:~~,= ~::.:.~:;'~:',,~.i:~'~~~. q~.;.;Girda'..Haprt1I'Iee.9Wdfl Table ofstatutellor,:' .:..-:.' ,dfseuu1ng,~.~;d,:.i.P\~:I~j..i~ v~i.tri;l'irn..," .' ;::~i;~;~:,~;~:;:~,;::"::':::':i:/:::';.:;','<,:.,!::' ..:~';::;.'::r::;:::.;;;':{:'~i':~;.~;.;:;;:7~2. 'When a provision oCthis title requires I!Otice of a.public hearing to ,begiv,en,pur1l11ODt to.,&;cticm,6!iOOO or 65091, the'noti<e shaIJ also be mai1ed'or delivered at Jesst 10 daYs prior"to the hearing to any who.has'mod a ,written request/or noti<e with ~ the elerkof the.governlng body: O\\-with an)"o, penon designated by the governing body to receive these requests. She, loeahgencymayAarge.,~ (eo which Is reasonabJ.y related to the eosts 01 providing this service and the local agency, may.requh:e eac:h, "requesttobeannuallyrenewed. . '., .I.?,:! ':;"""~I:':J~" ::l,~m~~:__: (Added by Btats.1984, "- 1009,i, 2., ,Amen~ec!,by:,~tst,s,1985,,,- ,1199, i3.) .' '. .i:~r".<: .', .i~~!: .', .;_,:',I:L.'. '.; Historicafan~ ~tu{ory Notes .19Si Lcs&~Uon:_~"~ ,~',' ..- ';"-:>;-:::::':;!:~., ,~llYe ll>"n~'i.Iauna: ll>.Slat&19Il4, e.. 1009, ... . " ... ,. , ,I..,:... ,i'l;:".~ , ~.~.Educ.C..!)49002... " :. ..'..: ,: >' : "lef' Addltlooa"or:.changealndlcaled by, underline; 'deleUona;by..a'lerlsks,,~,~~,:..~. ':'., , ., 326 . '.' Oversized Map Attached to Original Backup