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HomeMy WebLinkAbout09-Development Services CITY OF SAN BERNARDINO -REQUEST FOR COUNCIL ACTION From: James Funk, Director Subject: General Plan and Development Code Dept: Development Services Amendments to create a Residential Student Housing land use designafion; and a Condifional Date: September 16, 2002 LUse Permit to allow the construction of a student ~- , , _ , , r i housing project MCC Date: October 7, 2002 Synopsis of Previous Council Action: N/A That the hearing be closed, and that the Mayor and Common Council: 1. Adopt the Mitigated Negative Declaration for General Plan Amendment No. 01-06, Development Code Amendment 02-04 and Conditional Use Permit No. 02-18 and the Mitigation Monitoring and Reporting Plan for Conditional use Permit No. 02-18. 2. Approve General Plan Amendment No. 01-06 based on the Findings of Fact contained in the Planning Commission Staff Report. 3. Approve Development Code Amendment No. 01-02 based on the Findings of Fact contained in the Planning Commission Staff Report, and waive the first reading and lay over the ordinance for final adoption. 4. Approve Conditional Use Permit No. 02-18, based on the Findings of Fact contained in the Planning Commission Staff Report and subject to the Conditions of Approval and Standard Requirements. .-,I~'n+~? James Funk Contact person: Va~erie R~s~ phone: ~Ra_sns~ Supporting data attached: S affR ,p~treso; ordinance Ward: 5 FUNDING REQUIREMENTS: Amount: N/A Source: (Acct. No.) l Arrt Tlrerrintinnl t-~- Finance: Council Notes: ~ Agenda Item Nc i 1 ~1 ~~v a~ CITY OF SAN BERNARDINO -REQUEST FOR COUNCIL ACTION STAFF REPORT Subject: General Plan Amendment No. 01-06, Development Code Amendment No. 02-04, Conditional Use Permit No. 02-18 Mayor and Common Council Meeting of October 7, 2002 BACKGROUND The City received an application for a residential project to house students of California State University, San Bernazdino. The standazds contained in the project did not fit into existing General Plan or Development Code definitions. New standazds had to be developed. A General Plan land use category was created, and Development Code text was drafted to accommodate the proposed land use. The standards proposed in the Development Code Amendment provide for the leasing of single bedrooms within 2 to 4 bedroom apaztment units, as well as custom modifications to other development standazds. The project proposed by American Campus-Titan will require slight modification, particularly to the pazking standazds, to meet the proposed requirements of the Development Code Amendment. At its meeting of September 3, 2002, the Planning Commission recommended that the Mayor and Common Council approve General Plan Amendment No. 01-06, Development Code Amendment No. 02-04 and Conditional Use Pemut No. 02-18. The motion was approved unanimously. Commissioners Coute, Durr, Enciso, Lockett, Moms, Sauerbrun, Thrasher, Vasquez, and Welch were present. In making their decision, the Planning Commission requested that modifications be made to the development standazds proposed for the Residential Student Housing District. Those changes are included in Exhibit 3 (bold -new; strikeout -delete) and aze summarized below. The changes aze also incorporated into the ordinance. • The Planning Commission expressed a great deal of concern for the proximity and affiliation of student housing prof ects. They recommended that the text be amended to require that such projects be within 500 feet of only California State University, San Bemazdino. • Also related to the concern regarding long term viability of such projects, the Planning Commission changed the Development Code text to require that the affiliation with the university be demonstrated to be in perpetuity. Concerns were raised because the applicant has demonstrated an affiliation with the University for a period of only 15 years. • The Planning Commission recommended that the conditions of approval for all student housing projects be recorded with the County Recorder's office when approved, in order to ensure that the land use continues as a student housing project in perpetuity, and does not convert to another use at some time in the future. • The development standazds allowed for a reduction of 10% in unit size, if common lounges were provided on each floor. The applicant's unit sizes were still below that standazd. The applicant had requested a Variance from the minimum unit size 2 requirement. Staff had recommended against the Variance, since the Findings of Fact could not be made. The Planning Commission felt that the reduction in unit size should be raised to 20%, to allow for smaller units for this particulaz land use. This removed the need for the Variance. The minimum floor azea standard fora 2-bedroom unit is proposed to be reduced from 800 squaze feet to 663 squaze feet. • The minimum lot size proposed was increased from 1 acre to 5 acres, since it was felt that a one-acre site would not be lazge enough for a student housing project. • The Planning Commission's recommendations regazding the Development Code Amendment resulted in parallel changes to the Conditions of Approval for Conditional Use Pernut No. 02-18, in order to make those conditions consistent with the Development Code text. FINANCIAL IMPACT None, the applicant has submitted the application filing fees for this project. RECOMMENDATION Staff recommends that the Mayor and Common Council: • Adopt the Mitigated Negative Declaration for General Plan Amendment No. 01-06, Development Code Amendment No. 02-04 and Conditional Use Permit No. 02-18 and the Mitigation Monitoring and Reporting Plan for Conditional use Permit No. 02-18, • Approve General Plan Amendment No. 01-06, • Approve Development Code Amendment No. 02-04, as amended in Exhibit 3, based on the Findings of Fact contained in the Planning Commission Staff Report, • Approve Conditional Use Permit No. 02-18, based upon the Findings of Fact contained in this Staff Report and subject to the Amended Conditions of Approval and Standazd Requirements (Exhibit 6). 3 Exhibits: 1 Location Map 2 Planning Commission Staff Report dated September 3, 2002 Attachment A Location Map Attachment B Site Plan, Floor Plans, and Elevations Attachment C Development Code Amendment text Attachment D Variance Request submitted by applicant Attachment E Initial Study Attachment F Mitigation Monitoring and Reporting Program Attachment G Conditions of Approval Attachment H Standard Requirements (included with Exhibit 6) 3 Planning Commission Proposed Development Code Amendment modifications 4 Resolution 5 Ordinance 6 Planning Commission Proposed Amendments to the Conditions of Approval for CUP No. 02-18 7 Affiliation Agreement with Cal State, San Bemazdino 4 EXHIBIT 1 ATTACHMENT A CITY OF SAN BERNARDINO PROJECT: GPA 01-06 PLANNING DIVISION DPIII 01-26 LOCATION MAP LAND USE DISTRICTS HEARING DATE: 8/6/02 NORTH ~ o~ o~ o~ o, o, N. -i I I i I I ~ / ` i CIUFORNIG 9TA7E B L • UNIV[RlItV O ~ ~ ~.~oN M ; s , -Z V i : Nay la e a II. IICdaL~~3t J l ~q h ~ ~ ~ ~ r' A ~ `- ry ?zu~_:. r, Nq~1i N rte/ r~ a f ` N i ~ o ~ ~ dd ~l EXHIBIT 2 S V M~RY CITY OF SAN BERNARDINO PLANNING DIVISION CASE: General Plan Amendment No. 01-06, Development Code Amendment No. 02-04, Conditional Use Permit No. 02-18, Variance No. 02-08 AGENDA ITEM: 3 HEARING DATE: September 3, 2002 WARD: 5 APPLICANT: General Plan & Dev. Code Amendments Conditional Use Permit City of San Bernardino American Campus-Titan 300 No. "D" Street 4725 South Monaco Street, Suite 340 San Bernardino Denver, CO 80237 720.528.7650 REQUEST AND PROJECT DESCRH'TION: General Plan and Development Code Amendments • Add a Residential Student Housing land use designation/district • Establish development standazds for student housing • Change the land use designation from CG-3, Commercial General to RSH, Residential Student Housing on 8.28 acres of an 11.28 parcel Conditional Use Permit • Construct a student housing project with 480 beds in 132 units within five buildings Variance • Allow units that aze smaller than that proposed allowed in the Development Code Amendment text The project site is located at the southwest corner of Northpazk Boulevazd and University Parkway. CONSTRAINTS/OVERLAYS: ¦ None ENVIRONMENTAL FINDINGS: ? Not Applicable ? Exempt ? No Significant Effects ¦ Potential Effects, Mitigation Measures and Mitigation MonitoringBeporting Plan STAFF RECOMMENDATION: ¦ Approval of General Plan Amendment, Development Code Amendment and Conditional Use Permit ¦ Conditions ¦ Denial of Variance ? Confinuance to: General Plan Amendment No. 01-06, Development Code Amendment No. 02-04, Conditional Use Permit No. 02-18, Vaziance No. 02-08 Hearing Date 9/3/2002 Page 2 REQUEST AND PROJECT DESCRIPTION American Campus-Titan (Titan) Development submitted an application to allow the construction of a student housing project on approximately 8.28 acres of an 11.28-acre pazcel located at the southeast corner of Northpazk Boulevard and University Pazkway. The site is currently designated CG-3, Commercial General (University Village) land use district (Attachments A and B). The proposed land use was neither defined in the Development Code, nor was it able to "fit" within existing residential districts. A number of concerns were raised, particulazly since the bedrooms in each unit would be individually leased, as opposed to an apaztment complex, where an entire unit would be leased to one party. Based on discussions with the City attorney's office, it was determined that the provisions of the Development Code could not accommodate this land use, and that a new land use designation should be created. Staff then developed the RSH, Residential Student Housing District, and coordinated with the applicant regarding the proposed standards. The project for consideration includes the following components: General Plan Amendment • To establish the RSH, Residential Student Housing land use designation. • To change the land use designation from CG-3, Commercial General to RSH, Residential Student Housing on approximately 8.28 acres. Development Code Amendment • To establish development standards for the RSH, Residential Student Housing land use district. The text is included in Attachment C. Conditional Use Permit • To construct 132 units with a total of 480 bedrooms within 5 buildings, each three stories in height. The project also includes pazking and open space areas. The remainder 3 acre pazcel would remain CG-3, Commercial General and be developed at a later date with approximately 30,000 square feet of retail space. Specific plans for the commercial component have not been developed at this time. Variance • To allow three of the four plans to be smaller than proposed in the Development Code Amendment (Attachment D). A concern with a student housing project was that the City could not regulate or restrict who leased rooms in the project. In order to help ensure that a residential student housing project is leased to students only, the text for the Development Code amendment includes a requirement that there is a formal affiliation with an adjacent university or college. Although different General Plan Amendment No. 01-06, Development Code Amendment No. 02-04, Conditional Use Permit No. 02-18, Variance No. 02-08 Hearing Date 9/3/2002 Page 3 development standazds were developed for student housing projects, they aze consistent with other residential standazds in the Development Code. Under the standazds of the RSH District, a conditional use permit is required for any student housing project. The applicant has requested the approval of a conditional use permit to allow 132 units, with a total of 480 bedrooms, aclubhouse/community center of 4,800 square feet, a pool, volleyball court, and two bazbeques. Pazking will be provided both behind gates at the complex, and along the northern boundazy of the site, open to the public. A combination of covered and shaded pazking is proposed (see discussion under Conditional Use Permit Findings, below). The project proposes a mix of 2 and four bedroom units. The 2 bedroom units will have one shazed bath; there will be 24 of these units, with 48 bedrooms. There will be 84, 4 bedroom, 2 bath units, with a total of 336 bedrooms; and 24, 4 bedroom, 4 bath units, with a total of 96 bedrooms. All units will have one living room, one dining azea, and one full kitchen. The applicant proposes unit sizes of 663 squaze feet for the 2 bedroom units, and 1042, 1067, or 1,184 squaze feet for the four bedroom units. The unit size is the subject of the variance request, since three of the four proposed unit sizes aze smaller than allowed in the proposed RSH District (see discussion under Variance Findings, below). SETTING/SITE CHARACTERISTICS The General Plan and Development Code Amendments aze proposed to be Citywide. The proposed Conditional Use Permit would apply to a relatively flat parcel, which is currently vacant, located on the south side of University Pazkway, east of Northpazk Boulevazd. The site is bounded be the Sunrise Apaztments on the east, Devil Creek Flood Control Channel on the south, a small pazk/open space pazcel on the west, and the California State University campus on the north. CALIFORNIA ENVIRONMENTAL QUALITY ACT The DevelopmentBnvironmental Review Committee determined that the project could have impacts on the environment and an Initial Study was prepazed. The Initial Study and proposed Mitigated Negative Declazation were made available for public review from June 27, 2002 to July 17, 2002. Comments were received from the County Flood Control District, requesting the addition of three conditions of approval relating to the Devil Creek Charmel. These have been included in the conditions of approval for the proposed project. At it's meeting of July 18, 2002, the D/ERC reviewed the Mitigation Monitoring/Reporting Program, and moved the project to Planning Commission with a recommendation that the Mitigated Negative Declazation and Mitigation Monitoring/Reporting Program be adopted. (Attachments E and F) General Plan Amendment No. 01-06, Development Code Amendment No. 02-04, Condirional Use Permit No. 02-18, Vaziance No. 02-08 Hearing Date 9/3/2002 Page 4 FINDINGS AND ANALYSIS For purposes of this analysis, the Findings and Analysis section has been organized as follows: A. General Plan Amendments B. Development Code Amendment C. Conditional Use Permit D. Variance Each of the requested actions is discussed sepazately, but it is important to note that the Conditional Use Permit and Variance applications cannot be acted on without the prior approval of the General Plan Amendment and Development Code Amendment. The General Plan Amendment and Development Code Amendment cannot be conditioned, but conditions of approval have been applied to the Conditional Use Pennit. A. GENERAL PLAN AMENDMENT 1. Is the proposed amendment internally consistent with the General Plan? Yes. The General Plan encourages a mix of land uses in all categories, as demonstrated below: Goal lA Provide for the continuation and development of sufficient land uses to serve the housing, commercial, educational, cultural, recreational and social needs of existing residents and population growth. Goal 1H Continue existing and establish new residential, commercial, industrial, open space and public districts which are uniquely characterized by their functional role, permitted uses, density/intensity, and physical form. The General Plan Amendment creates a new land use designation, which broadens the opportunities for housing within the City, while focusing on the functional use and intensity of the particular land use -student housing for the University population. 2. Is the proposed amendment detrimental to the public interest, health, safety, convenience, or welfare of the Ciry? No. The proposed land use provides for an alternative for housing, but will not encourage a use or activity that is detrimental to the public safety. General Plan Amendment No. 01-06, Development Code Amendment No. 02-04, Conditional Use Permit No. 02-18, Vaziance No. 02-08 Hearing Date 9/3/2002 Page 5 3. Will the proposed amendment maintain the appropriate balance ofland uses within the Ciry7 Yes. The proposed assignment of this new land use designation only affects 8.28 acres of land. The change on this pazcel from a commercial to a residential designation will not have an impact on the provision of commercial services, since other commercial projects aze located within one half mile, and the land at the west end of the proposed project will remain available for commercial development. 4. Is the subject parcel physically suitable for the requested land use designation and the anticipated land use development? Yes. The proposed pacel is relatively flat and currently vacant, and has no physical features that would prevent the successful construction of a student housing project. B. DEVELOPMENT CODE AMENDMENT 1. Is the proposed amendment consistent with the General Plan? Yes. Should the General Plan Amendment described above be adopted, the proposed Development Code Amendment is simply the implementation of that General Plan designation. 2. Is the proposed amendment detrimental to the public interest, health, safety, convenience or welfare of the Ciry? No. The proposed amendment will broaden the range of residential land uses in the City, and will not encourage a use or activity which is detrimental to the public safety. C. CONDITIONAL USE PERMIT 1. Is the proposed use conditionally permitted within the subject land use district, would it impair the integrity and character of the subject land use district, and does it comply with all of the applicable provisions of this Development Code? With approval of the Development Code Amendment described above, the proposed land use will be conditionally permitted. The proposed project is generally compliant with the development standards for the district. The parking standazd, as shown below, is proposed to be shared with the adjacent commercial land to the west. As discussed above, the applicant has filed a Variance request for the size of the units. This specific development standard is discussed in greater detail under the Variance discussion below. General Plan Amendment No. 01-06, Development Code Amendment No. 02-04, Conditional Use Pemut No. 02-18, Variance No. 02-OS Hearing Date 9/3/2002 Page 6 TABLE A -Development Code/General Plan Conformance CATEGORY PROPOSAL DEVELOPMENT GENERAL PLAN CODE Permitted Use Student Housing Permitted subject to N/A Conditional Use Permit Height 3 stories/42 feet 4 stories/56 feet N/A Setbacks (Building) - Front 63 feet 40 feet N/A - Side 78 feet 30 feet N/A - Rear 78 feet 20 feet N/A - Side Street N/A 30 feet N/A Landscaping 183,796 squaze feet 39 917 s.f. open space - Total 37% 40,712 pazking N/A ]andsca in Lot Coverage 8% 50% N/A Parking - Standazd 480 spaces* 494 spaces N/A - Handicap 4 spaces 7 spaces *Does not include 140 spaces shown as "retail parking and additional apt. guest pazking" on site plan. See discussion under item 5, below. 2. Is the proposed use consistent with the General Plan? Yes, with the adoption of the General Plan Amendment, the proposed project will directly implement the new land use designation, and will therefore be consistent with the General Plan. 3. Is the approval of the Conditional Use Permit for the proposed use in compliance with the requirements of the California Environmental Quality Act and Section 19.20.030(6) of the Development Code? Yes, the project was reviewed under the California Environmental Quality Act. Staff prepared an Initial Study, and found that potential impacts associated with the project could be mitigated. A Mitigated Negative Declazation is proposed. A Mitigation Monitoring and Reporting Program was prepazed for the project. 4. Are there potentially significant negative impacts upon environmental quality and natural resources that could not be properly mitigated and monitored? General Plan Amendment No. 01-06, Development Code Amendment No. 02-04, Conditional Use Permit No. 02-18, Variance No. 02-08 Hearing Date 9/3/2002 Page 7 No, as identified in Finding #3 above all environmental impacts can be mitigated, and a Mitigated Negative Declaration is proposed. 5. Are the location, size, design, and operating characteristics of the proposed use compatible with the existing and future land uses within the general area in which the proposed use is to be located and will it create significant noise, traj~c or other conditions or situations that may be objectionable or detrimental to other permitted uses in the vicinity or adverse to the public interest, health, safety, convenience, or welfare of the City? The location and size of the proposed project aze compatible with existing and potential land uses in the azea. The project is located immediately south of the existing California State University campus, and will provide housing for that institution's students. Multi- family residential is located to the east, which is a compatible land use for the student housing project. Design and operational issues associated with the proposed project, which require additional discussion, aze addressed in greater detail below. Desitnt The design of the proposed project meets the Development Code Amendment requirements for the RSH district regarding lot area, lot dimension, building setbacks, building height, and number of attached dwelling units. The following discussion addresses useable open space, recreational amenities and pazking. Useable Open Space and Recreational Amenities The proposed Development Code Amendment requires that the proposed project include i 39,917 square feet of common open space, in addition to a balcony or patio which represents 5% of each unit's size. The balcony/patio requirement requires a 33 squaze foot balcony or patio for the 2 bedroom units, and up to a 59 square foot balcony or patio for the 4 bedroom units. The plans for the proposed project provide a 64 squaze foot balcony or patio for each unit, which meets the proposed private open space standazd. The common azea open space is provided within this project at the community center and surrounding open space, as well as in the azea to the south of building I, and the west of building II. Altogether, these azeas comprise approximately 61,200 squaze feet, which exceeds the common azea open space requirement in the Development Code Amendment. The Amendment text also requires that the project include recreational amenities which are available to all residents. Based on 480 bedrooms, a total of 5 amenities must be provided, totaling an azea of 24,000 squaze feet. The two bazbeque areas, the volleyball court, the pool and community center total approximately 17,700 square feet. The project General Plan Amendment No. 01-06, Development Code Amendment No. 02-04, Conditional Use Permit No. 02-18, Vaziance No. 02-08 Hearing Date 9/3/2002 Page 8 area therefore requires additional, or larger, amenity areas. Conditions of approval have been included which require that bazbeque areas include 2 picnic tables each, and that at least one additional bazbeque azea be added to the azea south and west of buildings I and II, respectively. Pazkine The Development Code Amendment text requires that the project provide 480 parking spaces for tenants, of which 65% must be covered, and the balance shaded within 5 years of construction of the project. In addition, 14 pazking spaces must be provided for guest parking. The applicant has provided the resident pazking spaces to meet the Code, but has provided the guest pazking spaces as joint use spaces with the adjacent retail project. Since the retail project is not part of this approval, and since its actual uses and pazking requirements aze not known at this time, it is not possible to determine whether the applicant's proposal will lead to conflicts. It is possible that residents of the project would work at the retail center, for example, but this cannot be determined at this time. It may be necessary for the retail project to be slightly reduced in size in order for both projects to meet the City's parking requirements. Conditions of approval have been added to: a) require that all unsecured parking spaces be clearly marked "Village Tenant Pazking Only" or "Village Guest Pazking Only;" and b) that a total of 494 dedicated pazking spaces for the student housing project be demonstrated on the plan prior to issuance of building permits. Finally, the project does not meet the unit size requirements of the Development Code Amendment. The applicant has asked for a Variance to these standazds. The discussion of the issue is included under item D. Variance, below. Operational Characteristics The proposed project has submitted an affiliation agreement with the adjacent University, as is required under the Development Code Amendment text. The Agreement, however, proposes to construct the project in two phases. This is contrary to the description provided to staff that the project would be constructed in one phase. As such, issues associated with site appeazance aze of concern, since staff cannot guess at the phasing proposed. Conditions of approval have been added which require: a) that all perimeter landscaping on all sides of the building shall be installed prior to occupancy of the first building on the site; b) that all security fencing and outdoor recreational amenities be installed prior to occupancy of the first building on the site; c) that any azea not constructed upon be landscaped with, at a minimum, grass and shade trees, in order to ensure that the unbuilt portion of the property maintains an aesthetically pleasing appearance; and d) that the proportional number of pazking spaces to meet the requirements of the Development Code be constructed with any phase of development. General Plan Amendment No. 01-06, Development Code Amendment No. 02-04, Conditional Use Permit No. 02-18, Vaziance No. 02-08 Hearing Date 9/3/2002 Page 9 6. Is the subject site physically suitable for the type and density/intensity of use being proposed? Yes, the site is physically suitable for the type and density/intensity of the project being proposed, as conditioned in item #5, above. 7. Are there adequate provisions for public access, water, sanitation, and public utilities and services to ensure that the proposed use would not be detrimental to public health and safety? All agencies responsible for reviewing access, and providing water, sanitation and other public services have all had the opportunity to review the proposal, and none have indicated an inability to serve the project. The proposal will not be detrimental to the public health and safety in that all applicable Codes will apply to the construction of this project. D. VARIANCE 1. Are there special circumstances, applicable to the property, including size, shape, topography, location or surroundings, such that the strict application of this Development Code deprives such property of privileges enjoyed by other property in the vicinity and under the identical land use district classification? No. The Development Code Amendment includes standards for minimum unit sizes, with a provision that the unit size may be reduced by 10% if the project includes a common azea lounge of at least 300 squaze feet. The proposed project does include a lounge on each floor of each proposed building, which is sufficient in size to meet this requirement. The Development Code Amendment also requires that a minimum number of furnishings be provided in these lounges, to make them usable for the residents. The proposed project can therefore be allowed a reduction in unit size of 10% per unit. The proposed project, however, proposes even smaller units than the 10% reduction allowed. In the case of this project, since only 2 and 4 bedroom units are proposed, the Development Code Amendment would allow a 2 bedroom unit to be reduced to 720 squaze feet, and a 4 bedroom unit to be as small as 1,080 squaze feet. Based on this requirement, all of the proposed project's two bedroom units are too small, and three of the four, four bedroom unit plans aze too small. The proposed project will not provide any more amenities than an apartment project would be required to provide, nor has the applicant indicated that rents would be lower than surrounding apartment projects. The fact that students will be living in the units does not wazrant further reductions in the City's development standazds. General Plan Amendment No. 01-06, Development Code Amendment No. 02-04, Conditional Use Pemilt No. 02-18, Variance No. 02-08 Hearing Date 9/3/2002 Page 10 No special circumstances have been identified which would warrant support of the variance request. 2. Is granting of this Variance necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and land use district and denied to the property for which the Variance is sought? No. No other such project exists, or is currently proposed in the City at this time. The ~ property owner would be subject to the City`s development standazds for apartments, should the property be developed as an ordinary apartment project, and would be required to meet the development standazds. The basic infrastructure (kitchen and bath plumbing, windows, etc.) is already included in the proposed project. Increasing the size of the bedrooms to meet the proposed standazds should not add appreciably to the development costs. 3. Would granting this Variance be materially detrimental to the public health, safety, or welfare, or injurious to the property or improvements in such vicinity and land use district in which the property is located? Yes. The application of minimum development standards in the City is intended to maintain a minimum quality of life for all residents. Although students maybe only temporary residents in the City, they aze entitled to the same basic living standazds as others that reside in the City of San Bernardino. 4. Would granting this Variance constitute a special privilege inconsistent with the limitations upon other properties in the vicinity and land use district in which such property is located? Yes. The City does not grant reductions in unit size for mazket rate apartment projects. The only reductions in unit size are usually associated with either affordable housing or senior units. Neither is the case here. The granting of the request would therefore represent a special privilege. S. Would granting this Variance allow a use or activity which is not otherwise expressly authorized by the regulations governing the subject parcel? No. The only variance from the development standards requested relates to unit size. Land use is not affected in this case. 6. Will granting the Variance be consistent with the Genera[ Plan? General Plan Amendment No. 01-06, Development Code Amendment No. 02-04, Condifional Use Permit No. 02-18, Vaziance No. 02-08 Hearing Date 9/3/2002 Page 11 No. The General Plan's Land Use Element stresses the development of quality residential projects. A reduction in development standazds does not maintain or encourage good quality projects. CONCLUSION The General Plan Amendments, Development Code Amendment and Conditional Use Permit (as conditioned), aze consistent with the General Plan. The Conditional Use Permit, as conditioned, meets the standazds of the Development Code. The General Plan Amendment, Development Code Amendment and Conditional Use Permit meet the required Findings of Fact in the Development Code. The Variance is not consistent with the General Plan, and does not meet the required Findings of Fact in the Development Code. RECOMMENDATION Based on the Findings of Fact in the staff report, staff recommends that the Planning Commission recommend that the Mayor and Common Council: 1. Adopt the Mitigated Negative Declazation and Mitigation Monitoring/Reporting Program (Attachment F). 2. Adopt General Plan Amendment No. 01-06. 3. Adopt Development Code Amendment No. 02-04. 4. Approve Conditional Use Permit No. 02-18, subject to the Conditions of Approval (Attachment G) and Standard Requirements (Attachment H). 5. Deny Variance No. 02-08. Respectfully Submitted, James Funk Director, Development Services I~G-~ Valerie Ross City Planner General Plan Amendment No. 01-06, Development Code Amendment No. 02-04, Conditional Use Pemilt No. 02-18, Variance No. 02-08 Hearing Date 9/3/2002 Page 12 Attachments: Attachment A Location Map Attachment B Site Plan, Floor Plans, and Elevations Attachment C Development Code Amendment text Attachment D Variance Request submitted by applicant Attachment E Initial Study Attachment F Mitigation Monitoring/Reporting Program Attachment G Conditions of Approval Attachment H Standazd Requirements ENT A pTT AGHM RNARDIND PROJECT: DpA 26 SAN BE NpRTH CITY DF DNISION 818?02 PLANNING IND DATES LAG DT`pSN D STR~CTg HEAR Lp?N I `', ~ J O'~ ?ni O', O'. ~ p1 ~ ~ N' ' ~ ~/ 1 gLV 9t ATE W LIFORNIA ' UNtVSRS1TY ~w,t/ cNOw ~ '~ ~,' ' w~ ^!1`ro '~ = will i f i ~ • /~+% 1 p _ f'~•_iF ~ ova ~ ~ ' s ~ e~ w ~ ~ ,.- ~ ~ 'y ,~u.~.w.= l '~A~ o • LLt?i~A ~ ~ Sr Mw~ ` i ~ w ~ i/f -- rw '\w. 1 '~ •~'~ -- - _ ~i~ ~ ~' ~ e e 17H i I ~ I `yUd G~I ~O~ ZJ a i. ~ §615 ~ qN55 ~aU}} d ¢ 'S ~ IE 9 F b ~ I i ~ ~I~ S I I ~ I h ~ rl, ~ I; I"'i I ' j I ~ ATTACHMENT `B>, }::~~t ill+I I A 49 I ky 19 a [ k ~ a a.. ~ a r a ~ k l rl'pl~f 111121'°~~i{ I a p @~ a9 I ,p kl k .1 ~ I p ~~I I: VIII w~~II rkr p~I I ~ 5,,~ E ~ ~ - ~4~ i, as l a k I, s4a a ~~5f ~ ~ w . h, 4 ~ ~I I g~ 9.,, ~ ~ Jy !1e91 I ~1 ~ F'g f \ I I I I I I I I I I I I IVI1~I I I I I I ~ ~c ~ ~ \ '. w ~ w ~ z 0 V O -~~ ~ - J / ~ O Z ~ r p y ~ ' ~{I+H+HH+{J 0 7 ~ y gr. a - z ~Q rc m 1. \ 6~! 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I~ ~ ~ ~ ~ _ ~t ~ -~ - --~ I ~ III ~rZ A I I I I I~ I I N I b I W~ Zn W ~ Q II I I~ i I `1 t_ _ 1~ ' d 5 ~ ~ s e .S r `s ~~ra ~ k~"a¢' ~"'d U b' d'" Yr`~ ~,i b .y' i' "r' f4, 4 z 0 4 a ~' c '~ o~ I ' O U gg r ~ '' I' I ii''j I rGV~'jQ ~ 9~dg wZ~i '. i I Calla' `_~' ~Om ~ ppI i.. U Q a 2 a z~" 2@ F ICE F§ I~ I~'. i ¢N c I i ~ I i ~I~II I~~ ~ ~I I ~~I ~I. r it I ~ ~~~I 1 ~I! ItJ'~~J ~iII!;','~~ i~~l I ~~~'lil I ~I~I W i._ i Q ~~~il~~~®~~ O j i- I ~ I O ® ~ a ® 1 - ' ATTACHMENT C Development Code Amendment No. 02-04 Student Housing The following amendments are proposed to the City of San Bernardino Development Code: Chapter 19.02, Section 19.02.050, add definition of Student Housing Complex, as follows: Student Housing Complex: A building or buildings containing multiple family dwellings which allow for each bedroom to be leased to students attending a community or four yeaz college, which provides common azea amenities for units ranging from one to no more than four bedrooms per unit. The site shall be adjacent to a community or four yeaz college, bus service shall be available (within 500 feet of a bus stop), and retail services shall be within 2000 feet of the site. The designation will be applied only to parcels located within 2 miles of an accredited college or university, and to projects which demonstrate an affiliation with an accredited college or university. Chapter 19.04.010 (2.) E. add: (Residential Student Housingl District This district is specifically designed to allow student housing complexes on lots of at least one acre in size, at a maximum density of 20 units per acre and with no more than 60 bedrooms per acre. Chapter 19.04.020, Table 04.01 (1.) add: RE RL RS RU RM RMH RH RSH T. Student Housing Complex X X X X X X X C Chapter 19.04.030, Table 04.02, Residential Development Standards, add a column labeled RSH, as follows: Lot Area Maximum Units/Gross Acre 20 (60 bedrooms) Lot Area 1 ac. Lot Width (feet) 150 Comer Lot Width 150 Lot Depth (feet) 150 1 Front Building Setback (feet) 40 Reaz Building Setback (feet) 20 Side Building Setback (feet) 30 Side Building Setback Street Side (feet) 30 Building Lot Coverage (Maximum %) 50 Distance Between Buildings (feet) 25 I Outdoor Useable Living Space (s.f.) 35% of unit size* *A minimum of 5% of the outdoor living space must be private (balcony or patio), and a minimum of 25% of the outdoor living space must be common useable space (not including parking lot landscaping, or landscaped setback areas). The balance (5%) maybe either common or private useable open space. See Chapter 19.04, Section 19.04.030 (2.) (U.)(3.) Maximum Structure Height in stories (feet) 4 (56) Maximum Average No. of Attached Dwelling Units 30 ' Chapter 19.04, Section 19.04.030, Table 04.03, Residential; Districts Specific Standards, add U. Student Housing Complex in the RSH district. Chapter 19.04, Section 19.04.030 (2.) U. Student Housing Complex 1. Student Housing complexes are only permitted in the Residential Student Housing District. 2. Student housing complex units maybe up to 10% smaller than the minimum dwelling unit size prescribed in Section 19.04.030 (2.)(H.) if a common area is provided on each floor. The common azea shall be no less than 300 squaze feet, and shall include: a television set sofa and chairs; or a game table (pool table, cazd table, etc.), chairs and a sofa; desks, chairs and computer access facilities; or other such amenity as is consistent with an azea used for common social activity, subject to approval by the Planning Commission. 3. All student-housing complexes shall provide 35% of each unit size as useable open space for passive and active recreational use. A minimum of 5% of the outdoor open space must be private (balcony or patio), and a minimum of 25% of the outdoor open space must be common useable. The balance (5%) maybe either common or private useable open space. Useable open space 2 areas shall not include: right-of--ways; vehicle parking areas; azeas adjacent to or between any structures less than 15 feet apart; or slope areas greater than 8%. Useable open space areas shall be delineated on project site plans, and total square footage in open space shall be listed on the site plan. 4. Every bedroom shall be wired for computer Internet access in addition to telephone access. 5. Every bedroom shall be equipped with an individual lock for use only by the tenant. Master keys shall be maintained for each building. 6. All student housing complexes shall provide indoor and outdoor recreational amenities within the site which may include: a swimming pool; spa; clubhouse; picnic shelter and bazbeque area; court game facilities such as tennis, basketball, volleyball or racquetball; improved softball or baseball fields; or such other similaz facilities as approved by the Planning Commission. The amenities shall be equivalent to a minimum of 50 squaze feet per resident. The type of amenities shall be provided according to the following schedule: Bedrooms No. of Amenities 0-25 0 26-100 1 101-200 2 201-300 3 301-400 4 Add one amenity for each 100 additional bedrooms or fraction thereof. 7. One off street pazking space shall be provided for each bedroom, plus 3 uncovered off-street guest parking spaces per 100 rooms. A minimum of 65% of the parking spaces shall be covered. The balance of the pazking spaces shall be shaded by trees in such a manner that all pazking spaces shall be fully shaded within 5 years of construction of the project. 8. Common laundry facilities at a ratio of one full size washer and one full size dryer per 10 units, and consistent with the Uniform Building Code shall be provided on each floor. 9. Access to student housing complexes shall be limited through the use of fencing or walls with locked gates. Gates shall be equipped with either key or card access and an intercom system for guests. 10. Each building within a student housing complex shall be locked, and equipped with either key or cazd access and an intercom system for guests. 3 11. A professional, non-student resident manager shall live within each project. In addition, a resident student manager, working a minimum of 16 hours a week, shall be provided for each floor of each building. 12. Management and security plans shall be submitted for review and approval by the Development Services Department and Police Department. 13. Each lease shall be for a minimum of one academic year. Short-term tenancy during the summer months may be permitted, with the approval of a Temporary Use Permit. No month-to-month tenancy or sub-letting of individual rooms shall be permitted. 14. An affiliation agreement with an accredited college/university shall be required. 4 ATTAC~~IVIVIEEIVT "D'• VARIANCE REQUEST DEVELOPMENT CODE AMENDMENT PROPOSED STUDENT HOUSING STANDARDS American Campus-Titan, LLC (the `Applicant') is hereby requesting a Variance to the section of the proposed zoning text pertaining to the standards for development of student housing in the City of San Bernardino. The proposed development standazd that is at issue pertains to the minimum square footage of bedrooms. The proposed bedroom standazd is taken directly from the current Development Code, Section 19.04.030 (.2) (I.). The requirement for unit size(s) is directly related to number of bedrooms and baths. This standard as written pertains to multiple family dwelling units, i.e. apartments. The proposed language for the student housing unit sizes is suggesting a 10% reduction from the current standazd(s) if a `common area' is provided on each floor of a student housing development. The proposed student housing development is proposing six (6) unit configurations, as follows: Units sizes below indicate in order from left to right the proposed number of bedrooms and unit size, in parenthesis is the 10% reduction unit size, followed in bold by the proposed development code unit size. Unit A Unit A (b~ 2 bdrm 663 s.f. (720 s.f.) 800 s.L Unit B 4 bdrm 1042 s.f. (1080 s.f.) 1200 s.f. Unit C 4 bdrm 1067 s.f. (1080 s.f.) 1200 s.f. Unit D Unit D (bfl 4 bdrm 1184 s.f. (1080 s.f.) 1200 s.f. Unit D and D (bt) are the only units that comply with the proposed unit size standazd. There seems to be no basis for the proposed unit size standazd, nor is there any indication that the proposed unit sizes are substandazd or lacking in comparison to other student housing developments. Table 1 has been provided below with a sampling of several student housing complexes located throughout the United States that cleazly demonstrate an industry standazd for square foot per student. These standards can be compared to similar standazds unique to senior housing developments, hotels, residency inns and other `specialized' dwelling establishments. Table l: Sq. Ft. Unit per On/Off Pro ect Ci State Unit T e S . Ft. Student Cam us Village at San Bernardino San Bemardino CA 4bd-2ba 1,067 267 OFF Jefferson on 5th Street Chico CA 41x1-2ba 1,000 250 OFF Jefferson at Star Ranch Tucson AZ 4bd-2ba 1,101 275 OFF The Village on University Tempe AZ 4bd-2ba 1,115 279 OFF Cullen Oaks Houston TX 4bd-2ba 1,035 259 ON University Courtyard Houston TX 4bd-2ba 1,017 254 ON University Courtyard Valdosta GA 4bd-2ba 1,080 270 ON University Village Savannah GA 4bd-2ba 1,030 258 OFF University Village Towson MD 4bd-2ba 1,095 274 OFF CSU Ban Bemardino A rtments San Bemardino CA 4bd-2ba 1,059 265 ON Avers esq. ff. per Student 265 Sq. Ft. Unit per On/Off Pro ect CI State Unit T pe Sq. Ft. Student Campus Village at San Bemardino San Bemardino CA 2bd-1ba 636 318 OFF Cullen Oaks Houston TX 2bd-1ba 684 342 ON University Courtyard Valdosta GA 2bd-1ba 740 370 ON Cardinal Village Beaumont TX 2bd-1ba 448 223 ON CSU San Bemardino A artments" San Bemardino CA 2bd-2ba 984 246 ON Averse . R. r Student 300 *Double occupancy rooms The analysis compares 13 student housing developments in various markets throughout the U.S. ' The average squaze foot per resident is 300 square feet for the 2 bedroom and 265 square feet for the 4 bedroom unit The proposed development exceeds the average for the 2 and 4 bedroom units and exceeds Cal State San Bernardino student apartments for both unit types. The variance is justified because it is consistent with industry standards. Student housing is designed to accommodate additional common azea spaces within each building and within the entire complex to promote social interaction and create an academic oriented environment. This design and concept is significantly different from traditional muhifamily, which focuses on privacy for residents rather than community interaction. We therefore respectfully request that a variance for reduction in squaze footage of 57 square feet for unit A or 7.9% , unit B 38 square feet or 3.5% and unit C 13 square feet or 1.2%.be approved. CITY OF SAN BERNARDINO ATTACFIMENT "E" DEVELOPMENT SERVICES INITIAL STUDY The California Environmental Quality Act (CEQA) requires the prepazation of an Initial Study when a proposal must obtain discretionary approval from a governmental agency and is not exempt from CEQA. The purpose of the Initial Study is to determine whether or not a proposal, not exempt from CEQA, qualifies for a Negative Declaration or whether or not an Environmental Impact Report (EIR) must be prepared. 1. Project Title: General Plan Amendment 01-06, Development Code Amendment No. 01-02, Development Permit III O1-26. 2. Lead Agency Name: City of San Bemazdino Address: 300 North "D" Street San Bemazdino, CA 92418 3. Contact Person: Nicole Sauviat Criste Phone Number: (909) 384-5057 4. Project Location (Address/Nearest cross-streets): General Plan and Development Code Amendments: Citywide. Development Permit: Southeast corner of Northpazk Boulevard and University Pazkway. General Plan & Dev. Code Amendments Development Permit 5. Project Sponsor: City of San Bemazdino American Campus-Titan Address: 300 No. "D" Street 4725 South Monaco Street, San Bemazdino Suite 340 Denver, CO 80237 6. General Plan Designation: Commercial 7. Description of Project (Describe the whole action involved, including, but not limited to, later phases of the project and any secondary, support, or off-site feature necessary for its implementation. Attach additional sheets, if necessazy): The City of San Bemazdino is proposing to amend the General Plan and Development Code as follows: 1. General Plan Amendment creating the Residential Student Housing land use designation. 2. General Plan Land Use Map assigning Residential Student Housing designation to 8.28 of 11.28 acre site located at the southeast corner of University Parkway and Northpazk Boulevard. 3. Development Code Amendment creating the Residential Student Housing District and adding text to the Code. 4. Zoning Map Amendment assigning Residential Student Housing to 8.28 acres located at the southeast corner of University Pazkway and Northpazk Boulevard. The proposed text for the new Residential Student Housing District is attached as Exhibit A. IS 1 CITY OF SAN BERNARDINO DEVELOPMENT SERVICES INITIAL STUDY In addition, the applicant, American Campus-Titan has requested approval of a Development Pennit (Type III) to allow the construction of 480 beds in 132 apartments for the use of students at the adjacent California State University, San Bernazdino (CSSB) campus. The 132 apartments would be built within 5 three story buildings. Buildings I and II and buildings III and IV will have common central entry azeas. A central clubhouse and pool are also proposed. The balance of the site (3 acres on the west side of the site) will be reserved for future commercial development. The type of development has been described by the applicant as 30,000 squaze feet of retail space, consisting of uses convenient to the students. 8. Surrounding Land Uses and Setting: General Plan and Development Code Amendment: Citywide Development Permit: North: California State University (PF Designation) South: Single and Multiple Family Residential (RS and RM designs.) West: General Commercial East: Multiple Family Residential (RM Designation) 9. Other agencies whose approval is required (e.g., permits, finance approval, or participation agreement): NPDEES Permit from the Regional Water Quality Control Board, Santa Ana Region. IS 2 CITY OF SAN BERNARDINO DEVELOPMENT SERVICES INITIAL STUDY ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. ? Land Use and Planning ? Biological Resources ? Public Services ? Population and Housing ? Energy and Mineral Resources ? Utilities and Service Systems ® Earth Resources ? Hazards ? Aesthetics ? Water ®Noise ? Cultural Resources ® Air Quality ? Mandatory Findings of ? Recreation ®Transportafion/Circulation Significance Determination. On the basis of this Initial Study, the City of San Bernazdino, Environmental Review Committee finds: That the proposed project COULD NOT have significant effect on the environment, ? and a NEGATIVE DECLARATION will be prepazed. That although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A NEGATNE DECLARATION will be prepared. That the proposed project MAY have a significant effect on the environment, and an ? ENVIRONMENTAL IMPACT REPORT is required. That although the proposed project could have a significant effect on the ? environment, there WILL NOT be a significant effect in this case because all potentially significant effects (a) have been analyzed adequately in an earlier EIR pursuant to applicable standazds, and (b) have been avoided or mitigated pursuant to that eazlier EIR, including revisions or mitigation measures that are imposed upon the proposed project. Y~ /~"'~"` June 17.2002 Signature Date Nicole Sauviat Criste Printed Name IS 3 CITY OF SAN BERNARDINO DEVELOPMENT SERVICES INITIAL STUDY Potentially Potentially Significant Unless Less Than Significant Mitigation Significant Im act Inco orated Im act No Im act I. LAND USE AND PLANNING. Wil] the ro osa] result in: a) A conflict with the land use as ? ? ? designated based on the review of the General Plan Land Use Plan/Zoning Districts Map? b) Development within an Airport District ? ? ? as identified in the Air Installation Compatible Use Zone (AICUZ) Report and the Land Use Zoning District Map? c) Development within Foothill Fire ? ? ? Zones A & B, or C as identified on the Land Use Districts Zoning Map? d) Other? ? ? ? II. POPULATION AND HOUSING. Will the proposal: a) Remove existing housing (including ? ? ? affordable housing) as verified by a site survey/evaluation? b) Create a significant demand for ? ? ? additional housing based on the proposed use and evaluation of project size? c) Induce substantial growth in an area ? ? ? either directly or indirectly (e.g., through projects in an undeveloped area or an extension of major infrastructure)? d) Other? ? ? ? IS 4 CITY OF SAN BERNARDINO DEVELOPMENT SERVICES INITIAL STUDY Potentially Potentially Significant Unless Less Than Significant Mitigation Significant Im act Inco rated Im act No Im act III. EARTH RESOURCES: Will the proposal result in: a) Earth movement (cut and/or fill) on slopes of 15% or more based on information contained in the Preliminary Project Description Form No. D? b) Development and/or grading on a slope greater than 15% natural grade based on review of General Plan HMOD map? ' c) Erosion, dust or unstable soil conditions from excavation, grading or fill? d) Development within the Alquist-Priolo Special Studies Zone as defined in Section 12.0, Geologic & Seismic, Figure 47, of the City's General Plan? e) Modification of any unique geologic or physical feature based on field review? f) Development within areas defined as having high potential for water or wind erosion as identified in Section 12.0, Geologic & Seismic, Figure 53, of the City's General Plan? g) Modification of a channel, creek or river based on a field review or review of USGS Topographic Map ? h) Development within an area subject to landslides, mudslides, subsidence or other similar hazards as identified in Section 12.0, Geologic & Seismic, Figures 48, 51, 52 and 53 of the City's Genera] Plan? IS 5 CITY OF SAN BERNARDINO DEVELOPMENT SERVICES INITIAL STUDY Potentially Potentially Significant Unless Less Than Significant Mitigation Significant Im act Inco orated act No hn act i) Development within an area subject to ? ? ? liquefaction as shown in Section 12.0, Geologic & Seismic, Figure 48, of the City's General Plan? j) Other? ? ? ? ? IV. WATER. Will the proposal result in: a) Changes in absorption rates, drainage ? ? ® ? patterns, or the rate and amount of surface runoff due to impermeable surfaces that cannot be mitigated by Public Works Standard Requirements to contain and convey runoff to approved storm drain based on review of the proposed site plan? b) Significant alteration in the course or ? ? ? flow of flood waters based on consultation with Public Works staff? c) Discharge into surface waters or any ? ? ® ? alteration of surface water quality based on requirements of Public Works to have runoff directed to approved storm drains? d) Changes in the quantity or quality of ? ? ® ? ground water? e) Exposure of people or property to ? ? ? flood hazards as identified in the Federal Emergency Management Agency's Flood Insurance Rate Map, 06071C7940F, and Section 16.0, Flooding, Figure 62, of the City's General Plan? f) Other? ? ? ? IS 6 CITY OF SAN BERNARDINO DEVELOPMENT SERVICES INITIAL STUDY Potentially Potentially Significant Unless Less Than Significant Mitigation Significant Im act Inco orated Im act No act V. AIR QUALITY. Will the proposal: a) Violate any air quality standard or ? ® ? ? contribute to an existing or projected air quality violation based on the thresholds in the SCAQMD's "CEQA Air Quality Handbook"? b) Expose sensitive receptors to ? ? ® ? pollutants? c) Alter air movement, moisture, or ? ? ? temperature, or cause any change in climate? d) Create objectionable odors based on ? ? ? information contained in the Preliminary Environmental Descripfion Form? VI. TRANSPORTATION/CIRCULATION. ? ? ? ? Could the proposal result in: a) A significant increase in traffic ? ? ® ? volumes on the roadways or intersections or an increase that is significantly greater than the land use designated on the General Plan? b) Alteration of present patterns of ? ? ? circulation? c) A disjointed pattern of roadway ? ? ? improvements? d) Impact to rail or air traffic? ? ? ? e) Insufficient parking capacity on-site or ? ® ? ? off-site based on the requirements in Chapter 19.24 of the Development Code? f) Increased safety hazazds to vehicles, ? ® ? ? bicyclists or pedestrians? IS 7 CITY OF SAN BERNARDINO DEVELOPMENT SERVICES INITIAL STUDY Potentially Potentially Significant Unless Less Than Significant Mitigation Significant Im act Inco rated Iru act No Im act ' g) Conflict with adopted policies ? ? ? supporting alternative transportation? h) Inadequate emergency access or access ? ? ? to neazby uses? i) Other? ? ? ? VII. BIOLOGICAL RESOURCES. Could the proposal result in: a) Development within the Biological ? ? ? Resources Management Overlay, as , identified in Section 10.0, Natura] Resources, Figure 41, of the City's General Plan? b) Impacts to endangered, threatened or ? ? ? rare species or their habitat (including, but not limited to, plants, mammals, fish, insects and birds)? c) Impacts to the wildlife dispersal or ? ? ? migration corridors? d) Impacts to wetland habitat (e.g., marsh, ? ? ? riparian and vernal pool)? e) Removal of viable, mature trees based ? ? ? on information contained in the Preliminary Environmental Description Form and verified by site survey/evaluation (6" or greater trunk diameter at 4' above the ground)? f) Other? ? ? ? VIII. ENERGY AND MINERAL RESOURCES. Would the proposal: a) Conflict with adopted energy ? ? ? conservation plans? b) Use non-renewable resources in a ? ? ? wasteful and inefficient manner? IS 8 CITY OF SAN BERNARDINO DEVELOPMENT SERVICES INITIAL STUDY Potentially Potentially Significant Unless Less T6au Significant Mitigation Significant Im act Inco rated Im act No Im act c) Result in the loss of availability of a ? ? ? lmown mineral resource that would be of future value to the region and the residents of the State? LY. HAZARDS. Will the proposal: a) Use, store, transport or dispose of ? ? ? hazardous or toxic materials based on information contained in the Preliminary Envirottmental Description Form No. G(1) and G(2) (including, but not limited to, oil, pesticides, chemicals or radiation)? b) Involve the release of hazardous ? ? ? substances? c) Expose people to the potential ? ? ? health/safety hazards? d) Other? ? ? ? X. NOISE. Could the proposal result in: a) Development of housing, health care ? ® ? ? facilities, schools, libraries, religious facilities or other noise sensitive uses in areas where exisfing or future noise levels exceed an Ldn of 65 dB(A) exterior and an Ldn of 45 dB(A) interior as identified in Section 14.0, Noise, Figures 57 and 58, of the City's Genera] Plan? IS 9 CITY OF SAN BERNARDINO DEVELOPMENT SERVICES INITIAL STUDY Potentially Potentially Significant Unless Less Than Significant Mitigation Significant Im act Inco orated Im act No act b) Development of new or expansion of ? ? ® ? existing industrial, commercial or other uses which generate noise levels above an Ldn of 65 dB(A) exterior or an Ldn of 45 dB(A) interior that may affect areas containing housing, schools, health care facilities or other sensitive uses based on information in the Preliminary Environmental Description Form No. G(1) and evaluation of surrounding land uses No. C, and verified by site survey/evaluation? c) Other? ? ? ? XI. PUBLIC SERVICES. Would the proposal have an effect upon, or result in a need for new or altered government services in any of the following areas: a) Fire protection? ? ? ® ? b) Medical aid? ? ? ? c) Police protection? ? ? ? d) Schools? ? ? ? e) Parks or other recreational facilities? ? ? ? f) Solid waste disposal? ? ? ® ? g) Maintenance of public facilities, ? ? ® ? including roads? h) Other governmental services? ? ? ? XII. UTILITIES. Will the proposal, based on the responses of the responsible Agencies, Departments, or Utility Company, impact the following beyond the capability to provide adequate levels of service or require the construction of new facilities? a) Natural gas? ? ? ? IS 10 CITY OF SAN BERNARDINO DEVELOPMENT SERVICES INITIAL STUDY Potentially Potentially Significant Unless Less Than Significant Mitigation Significant Im act Inco orated Im act No Im act b) Electricity? ? ? ® ? c) Communications systems? ? ? ? d) Water distribution? ? ? ? e) Water treatment or sewer? ? ? ® ? f) Storm water drainage? ? ? ® ? g) Result in a disjointed pattern of utility ? ? ? extensions based on review of existing patterns and proposed extensions? h) Other? ? ? ? XIII. AESTHETICS. a) Could the proposal result in the ? ? ? obstruction of any significant or important scenic view based on evaluation of the view shed verified by site survey/evaluation? b) Will the visual impact of the project ? ? ? create aesthetically offensive changes in the existing visual setting based on a site survey and evaluation of the proposed elevations? c) Create significant light or glare that ? ? ? could impact sensitive receptors? d) Other? ? ? ? XIV. CULTURAL RESOURCES. Could the proposal result in: a) Development in a sensitive ? ? ? archaeological area as identified in Section 3.0, Historical, Figure 8, of the ~ City's General Plan? IS 11 CITY OF SAN BERNARDINO DEVELOPMENT SERVICES INITIAL STUDY Potentially Potentially Significant Unless Less Than Significant Mitigation Significant Im act Inco rated Im act No Im act b) The alteration or destruction of a ? ? ? prehistoric or historic azchaeological site by development within an archaeological sensitive area as identified in Section 3.0, Historical, Figure 8, of the City's General Plan? c) Alteration or destruction of a historical ? ? ? site, structure or object as listed in the City's Historic Resources Reconnaissance Survey? d) Other? ? ? ? XV. RECREATION. Would the proposal: a) Increase the demand for neighborhood ? ® ? ? or regional parks or other recreational facilities? b) Affect existing recreational ? ? ? opportunities? XVI. MANDATORY FINDINGS OF SIGNIFICANCE. a) Does the project have the potential to ? ? ? degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self- sustaining levels, threaten to eliminate a plant or anima] community, reduce the number or restrict the range of a raze or endangered plant or animal, or eliminate important examples of the major periods of California history or prehistory? b) Does the project have the potential to ? ? ? achieve short-term, to the disadvantage of long-term, environmental goals? IS 12 CITY OF SAN BERNARDINO ' DEVELOPMENT SERVICES INITIAL STUDY Potentially Potentially Significant Unless Less Than Significant Mitigation Significant Im act Inco orated Irn act No Im act c) Does the project have impacts that are ? ? ® ? individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project aze considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects.) d) Does the project have environmental ? ® ? ? effects which will cause substantial adverse effects on human beings, either directly or indirectly? REFERENCES. The following references cited in the Initial Study are on file in the Development Services Department. 1. City of San Bernazdino General Plan. 2. City of San Bernardino Development Code (Title 19 of the San Bernardino Municipal Code). 3. City of San Bernardino Historic Resources Reconnaissance Survey. 4. Alquist-Priolo Earthquake Fault Zones Map. 5. South Coast Air Quality Management District, CEQA Air Quality Handbook. 6. Federal Emergency Management Agency, Flood Insurance Rate Maps. 7. Public Works Standazd Requirements-water. 8. Public Works Standazd Requirements-grading. IS 13 CITY OF SAN BERNARDINO DEVELOPMENT SERVICES INITIAL STUDY DISCUSSION OF SPECIFIED CHECKLIST RESPONSES. III. EARTH RESOURCES c) Neither the General Plan Amendment nor the Development Code Amendment will have a direct impact on soils. Development of the proposed housing project, however, will be impacted by soils on the site. The soils on the project site consist primarily of alluvial depositst. The project proponent will be required to submit site-specific geotechnical reports to the Public Works Division prior to the issuance of grading permits. These reports will be required to detail the appropriate soil excavation techniques required to ensure that the proposed buildings aze located on properly compacted pads. The proposed project site will be subject to high wind conditions, as is most of the City. During soil disturbing activities, the site will be subject to wind and water erosion. The City, however, requires the preparation and implementation of PM10 plans prior to the issuance of grading permits. The PM10 plan for the proposed project will mitigate the potential impacts associated with wind erosion. The project will also, as a component of its grading permit, prepare an erosion control plan to address water erosion issues. In order to reduce the potential impacts associated with soils, the following mitigation measures shall be implemented: 1. The project proponent shall, prior to the issuance of grading permits, submit site specific geotechnical analysis to the Public Works Division for review and approval. 2. The project proponent shall, prior to the issuance of grading permit, receive approval of a PM10 management plan from the Public Works Division. 3. The project proponent shall, prior to the issuance of grading permit, receive approval of an erosion control plan from the Public Works Division. Neither the General Plan Amendment nor the Development Code Amendment will have a direct impact on seismic activities. Development of the proposed housing project, however, will be impacted by seismic activity on the site, and unstable soils could result. The proposed project site is located slightly more than a mile from the San Andreas fault system. The site is not located within an Alquist Priolo Study Zone. The geotechnical analysis discussed above will include recommendations for proper construction in earthquake zones. Further, the City implements the Uniform Building Code, which has specific standazds for azeas subject to strong groundshaking. With implementation of these mitigation measures, the impacts are not expected to be significant. (Please also see item V. Air Quality, below, for detailed mitigation measures associated with PM10.) ' "Soil Survey of San Bernardino County, Southwestern Part, California," United States Department of Agriculture, Soil Conservation Service. IS 14 CITY OF SAN BERNARDINO DEVELOPMENT SERVICES INITIAL STUDY IV. WATER a) Neither the General Plan Amendment nor the Development Code Amendment will have a direct impact on water resources. Development of the proposed housing project, however, will impact water resources. The proposed project will result in the creation of impermeable surfaces, including building pads and parking lots. Landscaping provided on the site, however, will allow for the percolation of water into the ground. The project will also be required to retain storm waters on site. The impacts to absorption rates aze expected to be less than significant. c) The proposed project will be required to discharge storm flows into the existing storm drain system which occurs in University Parkway and Northpazk Boulevard, adjacent to the project site. The on-site system will be required to adequately clean water from pazking lots, to meet NPDES standards. The impacts associated with surface water runoff aze expected to be less than significant. d) The proposed project will result in an increased demand for groundwater resources for domestic and landscaping use. The City implements standazds of the Uniform Building Code and Municipal Code to require the use of water efficient fixtures and landscaping, respectively. These standards are sufficient to ensure that the potential impacts associated with groundwater are less than significant. V. AIR QUALITY a) Neither the General Plan Amendment nor the Development Code Amendment will have a direct impact on air quality. Development of the proposed housing project, however, will impact air quality in the region. The proposed project could generate approximately 1,608 trips per day (please see item VI., Transportation/Circulation, below). The primary source of pollutants from the proposed project will be vehicular emissions. The table below illustrates the potential impacts of the proposed project from vehicular emissions. The project will not exceed SCAQMD thresholds. IS 15 CITY OF SAN BERNARDINO DEVELOPMENT SERVICES INITIAL STUDY Table 1 Moving Exhaust Emission Projections at Project Buildout (pounds per day) Total No. Vehicle Trips/Day Ave. Trip Total Length (miles) miles/day 1,608 X 3 = 4,824 Pollutant ROC CO NO PMro PMro PMto Exhaust Tire Wear Brake Wear Pounds at 50 mph 0.96 24.92 5.11 - 0.11 0.11 Daily Threshold (lbs) 550 75 100 150 Based on California Air Resources Board's EMFAC7G Emissions Model. Assumes Year 2005 summertime running conditions at 75 ° F, light duty autos, catalytic. Construction activities will also result in short-term air quality impacts associated with the operation of construction equipment. The primary source of emissions will be associated with site grubbing and grading. It has been estimated that the site will require approximately 8 days to grade. Table 2 identifies the potential emissions associated with grading on the project site, as well as the SCAQMD thresholds. Once again, the proposed project is not expected to exceed the SCAQMD thresholds of significance. I IS 16 CITY OF SAN BERNARDINO DEVELOPMENT SERVICES INITIAL STUDY Table 2 Grading Equipment Emissions -Diesel powered (pounds per day) # # Equipment Pieces hrs/day CO ROC Nox Sox PMio Fork Lift - 50 hp 0 0 - - - - - Fork Lift - 175 hp 0 0 - - - - - Trucks -Off-Highway 1 8 14.400 1.520 33.360 3.600 2.080 Tracked Loader 0 0 - - - - - Tracked Tractor 0 0 - - - - - Scraper 1 8 10.000 2.160 30.720 3.680 3.280 Wheeled Dozer 0 0 - - - - - Wheeled Loader 1 8 4.576 1.840 15.200 1.456 1.360 Wheeled Tractor 0 0 - - - - - Roller 0 0 - - - - - Motor Grader 1 8 1.208 0.312 5.704 0.688 0.488 Miscellaneous 1 8 5.400 1.20013.600 1.144 1.120 Total: 31.008 5.192 83.384 9.112 6.968 SCAQMD Thresholds of Significance 550.00 75.00 100.00 150.00 150.00 The proposed project has the potential to generate dust during grading activities, and in periods of high winds. In order to mitigate this impact, the City requires the preparation and approval of PM10 management plans, which shall be reviewed and approved by the Public Works Division. In addition, the project proponent shall implement the following mitigation measures to mitigate the potential impacts on air quality during construction activities: 1. The project proponent shall ensure that construction equipment shall be properly maintained and serviced to minimize exhaust emissions. 2. The project proponent shall ensure that existing power aze utilized where feasible via temporary power poles to avoid on-site power generation. 3. The project proponent shall ensure that construction personnel be informed of ride sharing and transit opportunities. 4. The project proponent shall ensure that cut and fill quantities will be balanced on site. 5. The project proponent shall ensure that any portion of the site to be graded shall bepre- watered to a depth of three feet prior to the onset of grading activities. 6. The project proponent shall ensure that watering of the site or other soil stabilization method shall be employed on an on-going basis after the initiation of any grading activity on the site. Portions of the site that aze actively being graded shall be watered regulazly to ensure that a crust is formed on the ground surface, and shall be watered at the end of each work day. 7. The project proponent shall ensure that all disturbed azeas aze treated to prevent erosion until the site is constructed upon. IS 17 CITY OF SAN BERNARDINO DEVELOPMENT SERVICES INITIAL STUDY 8. The project proponent shall ensure that landscaped azeas are installed as soon as possible to reduce the potential for wind erosion. 9. The project proponent shall ensure that SCAQMD Rule 403 is adhered to, insuring the clean up ofconstruction-related dirt on approach routes to the site. 10. The project proponent shall ensure that all grading activities aze suspended during fast and second stage ozone episodes or when winds exceed 25 miles per hour. 11. All buildings on the project site shall conform to energy use guidelines in Title 24 of the California Administrative Code. VI. TRANSPORTATION/CIRCULATION a) Neither the General Plan Amendment nor the Development Code Amendment will have a direct impact on circulation. Development of the proposed housing project, however, will have an impact on the circulation system. The proposed residential project could generate 1,608 trips per day2. This estimate may be high, since the students will likely not use their automobiles to travel to class across Northpark Boulevazd. However, the conservative analysis is believed to be the "worst case" for the project site. The site has been previously studied for commercial development, which would generate a considerably higher number of trips. The impact to the circulation system from the proposed residential project is therefore expected to be less than significant. d) Neither the General Plan Amendment nor the Development Code Amendment will have a direct impact on parking. The Development Code Amendment includes parking standazds, which parallel those already in the Development Code for multi-family development. The residential project, as proposed, does not currently meet the requirements in the Development Code Amendment. In order to assure that the project does not generate an impact on pazking, the following mitigation measure shall be implemented: 1. The proposed residential project shall include sufficient on- or off-site pazking to meet the requirements of the Residential Student Housing District. e) The proposed project will house 480 students, who are expected to attend the CSSB campus on the north side of Northpazk Boulevard. The proximity to the campus makes it likely that the students will often walls to school. In order to assess the potential impacts associated with a large number of pedestrians on Northpark Boulevazd, a traffic analysis was prepazed3. The analysis concluded that the proposed project would significantly contribute to up to 190 pedestrian trips per hour at the project driveway's intersection with Northpark Boulevazd. Since this driveway has been designed to be across from the University entry on the north side of Northpazk Boulevard, the study found that a traffic signal would be warranted at this intersection. Without the traffic signal, significant impacts would result. In order to mitigate these potentially significant impacts, the following mitigation measures shall be implemented: x "Trip Generation, 6`~ Edition," Institute of Transportation Engineers. Based on category "Apartment" (220), for a weekday, at the per person rate. ' Letter dated May 17, 2002, Katz, Okitsu & Associates, signed George Dore. IS 18 CITY OF SAN BERNARDINO DEVELOPMENT SERVICES INITIAL STUDY 1. The proposed residential project will be responsible for 100% of the design and construction of an actuated traffic signal at their driveway and Northpazk Boulevard Boulevazd. 2. The proposed driveway, which is opposite from an existing Cal-State access (Serrano Village), should be designed as four lane wide and have adequate stacking distance. 3. The trip generation data shall be provided to the Public Works Division in a timely manner, to calculate the traffic system fee. X. NOISE a) & b)Neither the General Plan Amendment nor the Development Code Amendment will have a direct impact on noise. Development of the proposed housing project, however, has the potential to impact noise at and from the site. The General Plan identifies the azea of the proposed project as having noise levels of 69 to 71 dBA at buildout of the City. As a residential land use, the General Plan identifies a maximum of 65 dBA as being acceptable for residential development (exterior). The commercial component of the site, on the western end, also has the potential to generate impacts on the adjacent residential development. The project has been designed to be set back from Northpazk Boulevazd, and includes a wall which will help to mitigate the potential noise impacts to residents. However, in order to assure that the design is sufficient, the following mitigation measure shall be implemented: 1. Prior to issuance of grading permits, the project proponent shall submit, for review and approval, a noise impact analysis which demonstrates that interior and exterior noise levels will meet General Plan standazds. The report shall be submitting to the Public Works Division and Building Division for their review and approval. XI. PUBLIC SERVICES a), & g) Neither the General Plan Amendment nor the Development Code Amendment will have a direct impact on public services. All development projects, however, have an impact on public services. The development of the site will increase the demand on fire, solid waste and other governmental services. The property, however, is currently not generating significant amounts of property tax. When developed, the project site will generate property tax to offset the costs associated with providing services. The impacts of the proposed project on public services is expected to be less than significant. XII. UTILITIES b), e) & f) Neither the General Plan Amendment nor the Development Code Amendment will have a direct impact on utilities. The development of the housing project, however, will impact electric, water treatment and storm drainage facilities. The project proponent, however, will be required to pay both hook-up fees and on-going monthly usage fees for utility service, which will offset the use of these services, and lower the impacts to a less than significant level. IS 19 CITY OF SAN BERNARDINO DEVELOPMENT SERVICES INITIAL STUDY XV. RECREATION a) Neither the General Plan Amendment nor the Development Code Amendment will have a direct impact on pazks and recreation. The development of the housing project, however, will result in an increased population, which requires access to pazks and recreational facilities. The Development Code Amendment includes the need for both open space and recreational amenities within the project. The standazds in the text aze consistent with the standards for other multi-family residential housing districts in the Development Code. The proposed project design does not meet these standards. This has the potential to represent a significant negative impact. In order to mitigate this impact to a less than significant level, the following mitigation measure shall be implemented: 1. The proposed project shall provide open space and recreational amenities sufficient to meet the standards in the Residential Student Housing District. IS 20 CITY OF SAN BERNARDINO DEVELOPMENT SERVICES INITIAL STUDY Exhibit A -Proposed Residential Student Housing District text Student Housing The following amendments are proposed to the City of San Bernazdino Development Code: Chapter 19.02, Section 19.02.050, add definition of Student Housing Complex, as follows: Student Housing Complex: A building or buildings containing multiple family dwellings which allow for each bedroom to be leased separately to students attending a community or four yeaz college, which provides common azea amenities for units ranging from two to no more than four bedrooms per unit. The designation will be applied only to pazcels located within 2 miles of an accredited college or university. Chapter 19.04.010 (2.) E. add: (Residential Student Housing) District This district is specifically designed to allow student housing complexes on lots of at least one acre in size, at a maximum density of 20 units per acre and with no more than 60 bedrooms per acre. Chapter 19.04.020, Table 04.01 (1.) add: RE RL RS RU RM RMH RI3 RSH T. Student Housing Complex X X X X X X X C Chapter 19.04.030, Table 04.02, Residential Development Standazds, add a column labeled RS, as follows: Lot Area Maximum Units/Gross Acre 20 (60 bedrooms) Lot Area 1 ac. Lot Width (feet) 150 Corner Lot Width 150 Lot Depth (feet) 150 Front Setback (feet) 40 Reaz Setback (feet) 20 Side Setback (feet) 30 Side Setback Street Side (feet) 30 Building Lot Coverage (Maximum °!o) 50 Distance Between Buildings (feet) 25 Private Outdoor Living Space (s.f.) 200 s.f. or 25% of unit size, whichever is less Common Useable Outdoor Space (s.f.) 30 % of net site area Maximum Structure Height in stories (feet) 4 (56) Maximum Average No. of Attached IS 21 CITY OF SAN BERNARDINO DEVELOPMENT SERVICES INITIAL STUDY Dwelling Units 30 Chapter 19.04, Section 19.04.030, Table 04.03, Residential; Districts Specific Standazds, add U. Student Housing Complex in the RS district. Chapter 19.04, Section 19.04.030 (2.) U. Student Housing Complex 1. Student Housing complexes are only permitted in the Residential Student District. 2. Student housing complex units may be up to 10% smaller than the minimum dwelling unit size prescribed in Section 19.04.030 (2.)(I.) if a common azea is provided on each floor. The common azea shall be no less than 300 squaze feet, and shall include: a television set sofa and chairs; or a game table (pool table, cazd table, etc.), chairs and a sofa; desks, chairs and computer access facilities; or other such amenity as is consistent with an area used for common social activity, subject to approval by the Director. 3. All student housing complexes shall provide 30% useable open space for passive and active recreational use. Useable open space azeas shall not include: right-of- ways; vehicle parking areas; areas adjacent to or between any structures less than 15 feet apart; setbacks; patio or private yards; or slope azeas greater than 8%. Useable open space areas shall be delineated on project site plans, and total squaze footage in open space shall be listed on the site plan. 4. Each dwelling unit shall have a private (walled) patio or balcony not less than 200 squaze feet in azea or 25% of the dwelling unit size, whichever is less. 5. Every bedroom shall be wired for computer Internet access in addition to telephone access. 6. Every bedroom shall be equipped with an individual lock for use only by the tenant. Master keys shall be maintained for each building. 7. All student housing complexes shall provide recreational amenities within the site which may include: a swimming pool; spa; clubhouse; picnic shelter and bazbeque area; court game facilities such as tennis, basketball, volleyball or racquetball; improved softball or baseball fields; or such other similar facilities as approved by the Director. The type of amenities shall be provided according to the following schedule: Bedrooms No. ofAmenities 0-25 0 26-100 1 IS 22 ~- - CITY OF SAN BERNARDINO ' DEVELOPMENT SERVICES ' INITIAL STUDY 101-200 2 201-300 3 301-400 4 Add one amenity for each 100 additional bedrooms or fraction thereof. 8. One covered off street pazking space shall be provided for each bedroom, plus 3 uncovered off-street guest pazking spaces per 100 rooms. 9. Common laundry facilities of sufficient number consistent with the number of living units and the Uniform Building Code shall be provided on each floor. 10. Access to student housing complexes shall be limited through the use of fencing or walls with locked gates. Gates shall be equipped with either key or card access and an intercom system for guests. 11. Each building within a student housing complex shall be locked, and equipped with either key or cazd access and an intercom system for guests. 12. A resident manager shall be required within each building. 13. Management and security plans shall be submitted for review and approval by the Development Services Department and Police Department. 14. Each lease shall be for a period of 12 months. No month-to-month tenancy shall be permitted. IS 23 ATTACifIl14EE1VT "F" GENERAL PLAN AMENDMENT O1-06, DEVELOPMENT CODE AMENDMENT O1-02, CONDITIONAL USE PERMIT 02-18, VARIANCE 02-08 MITIGATION MONITORING/REPORTING PROGRAM This Mitigation Monitoring and Reporting Program has been prepared to implement the mitigation measures outlined in the Environmental Assessment for General Plan Amendment No. 01-06, Development Code Amendment No. 01-02, Conditional Use Permit 02-18, Variance 02-08. This program has been prepared in compliance with the California Environmental Quality Act (CEQA) and the State and City of San Bernardino CEQA Guidelines. CEQA Section 21081.6 requires adoption of a monitoring and/or reporting program for those measures or conditions imposed on a project to mitigate or avoid adverse effects on the environment. The law states that the monitoring or reporting program shall be designed to ensure compliance during project implementation. The Mitigation Monitoring and Reporting Program contains the following elements: 1. The mitigation measures are recorded with the action and procedure necessary to ensure compliance. The program lists the mitigation measures contained within the Initial Study. 2. A procedure for compliance and verification has been outlined for each mandatory mitigation action. This procedure designates who will take action, what action will be taken and when, and to whom and when compliance will be reported. 3. The program contains a separate Mitigation Monitoring and Compliance Record for each action. On each of these record sheets, the pertinent actions and dates will be logged, and copies of permits, correspondence or other data relevant will be retained by the City of San Bernardino. 4. The program is designed to be flexible. As monitoring progresses, changes to compliance procedures may be necessary based upon recommendations by those responsible for the program. If changes are made, new monitoring compliance procedures and records will be developed and incorporated into the program. The individual measures and accompanying monitoring/reporting actions follow. t MITIGATION MEASURES Earth Resources 1. The project proponent shall, prior to the issuance of grading permits, submit site specific geotechnical analysis to the Public Works Division for review and approval. 2. The project proponent shall, prior to the issuance of grading permit, receive approval of a PM10 management plan from the Public Works Division. 3. The project proponent shall, prior to the issuance of grading permit, receive approval of an erosion control plan from the Public Works Division. IMPLEMENTATION AND VERIFICATION Public Works Division shall review geotechnical analysis, PM10 Management Plan and erosion control plan prior to issuance of building permit. COMPLIANCE RECORD Plans shall be on file in the Public Works Division. WRITTEN VERIFICATION PREPARED BY: DATE PREPARED: 2 Air Quality 1. Construction equipment shall be properly maintained and serviced to minimize exhaust emissions. 2. Existing power sources should be utilized where feasible via temporary power poles to avoid on-site power generation. 3. Construction personnel shall be informed of ride sharing and transit opportunities. IMPLEMENTATION AND VERIFICATION Public Works Division shall conduct on-site inspections throughout the construction process. COMPLIANCE RECORD Inspection records to be kept on file in Public Works Department. WRITTEN VERIFICATION PREPARED BY: DATE PREPARED: 4. Cut and fill quantities shall be balanced on site. 5. Any portion of the site to be graded shall bepre-watered to a depth of three feet prior to the onset of grading activities. 6. Watering of the site or other soil stabilization method shall be employed on an on- goingbasis after the initiation of any grading activity on the site. Portions of the site that are actively being graded shall be watered regularly to ensure that a crust is formed on the ground surface, and shall be watered at the end of each work day. IMPLEMENTATION AND VERIFICATION Public Works Division shall conduct on-site inspections throughout the construction process. Verification to be provided by applicant's geotechnical engineer. COMPLIANCE RECORD Inspection records to be kept on file in Public Works Division. WRITTEN VERIFICATION PREPARED BY: DATE PREPARED: 3 7. All disturbed areas shall be treated to prevent erosion until the site is constructed upon. Pad sites which aze to remain undeveloped shall be seeded with either a wildflower mix or grass seed. 8. Landscaped azeas shall be installed as soon as possible to reduce the potential for wind erosion. 9. SCAQMD Rule 403 shall be adhered to, insuring the clean up of construction- related dirt on approach routes to the site. 10. All grading activities shall be suspended during first and second stage ozone episodes or when winds exceed 25 miles per hour. IMPLEMENTATION AND VERIFICATION Public Works Division shall conduct on-site inspections throughout the construction process. COMPLIANCE RECORD Inspection records to be kept on file in Public Works Division. WRITTEN VERIFICATION PREPARED BY: DATE PREPARED: 11. All buildings on the project site shall conform to energy use guidelines in Title 24 of the California Administrative Code. IMPLEMENTATION AND VERIFICATION Building Department shall approve building permits prior to issuance of building permit. COMPLIANCE RECORD Approved building plans to be kept on file in Building Department. WRITTEN VERIFICATION PREPARED BY: DATE PREPARED: 4 Transportation/Circulation 1. The proposed residential project shall include sufficient pazking to meet the requirements of the Residential Student Housing District. IMPLEMENTATION AND VERIFICATION Planning Division shall review plans prior to issuance of grading permits. COMPLIANCE RECORD Copies of plans to be on file in the Planning Division. WRITTEN VERIFICATION PREPARED BY: DATE PREPARED: 1. The proposed residential project will be responsible for 100% of the design and construction of an actuated traffic signal at their driveway and Northpazk Boulevard Boulevazd. 2. The proposed driveway, which is opposite from an existing Cal-State access (Serrano Village), should be designed as four lane wide and have adequate stacking distance. 3. The trip generation data shall be provided to the Public Works Division in a timely manner, to calculate the traffic system fee. 4. IMPLEMENTATION AND VERIFICATION Public Works Division shall review project plans, collect funds and conduct on-site inspections throughout the construction process. COMPLIANCE RECORD Plans and inspection records to be kept on file in Public Works Deparhnent. WRITTEN VERIFICATION PREPARED BY: DATE PREPARED: Noise 1. Prior to issuance of grading permits, the project proponent shall submit, for review and approval, a noise impact analysis which demonstrates that interior and exterior noise levels will meet General Plan standazds. The report shall be submitting to the Public Works Division and Building Division for their review and approval. 5 IMPLEMENTATION AND VERIFICATION Public Works Division shall review report prior to issuance of grading permits. COMPLIANCE RECORD Copies of plans to be on file in the Public Works Division. WRITTEN VERIFICATION PREPARED BY: DATE PREPARED: Recreation 1. The proposed project shall provide open space and recreational amenities sufficient to meet the standazds in the Residential Student Housing District. IMPLEMENTATION AND VERIFICATION Planning Division shall review plans prior to issuance of grading permits. COMPLIANCE RECORD Copies of plans to be on file in the Planning Division. WRITTEN VERIFICATION PREPARED BY: DATE PREPARED: 6 r- ATTACHMENT "G" CONDITIONS OF APPROVAL Conditional Use Permit 02-18 1. Within two yeazs of development approval, commencement of construction shall have occurred or the permit/approval shall become null and void. In addition, if after commencement of construction, work is discontinued for a period of one year, then the permiUapproval shall become null and void. Expiration Date: Two Years from Mayor and Common Council Approval 2. The review authority may, upon application being filed 30 days prior to the expiration date and for good cause, grant aone-time extension not to exceed 12 months. The review authority shall ensure that the project complies with all current Development Code provisions. 3. In the event that this approval is legally challenged, the City will promptly notify the applicant of any claim, action, or proceeding and will cooperate fully in the defense of the matter. Once notified, the applicant agrees to defend, indemnify, and hold harmless the City of San Bernazdino (City), the Economic Development Agency (EDA), any depaztments, agencies, divisions, boazds or commissions of either the City or EDA as well as predecessors, successors, assigns, agents, directors, elected officials, officers, employees, representatives and attorneys of either the City or EDA from any claim, action or proceeding against any of the foregoing persons or entities. The applicant further agrees to reimburse the City and the Economic Development Agency any costs and attorney's fees which the City or the Economic Development Agency maybe required by a court to pay as a result of such action, but such participation shall not relieve applicant of his or her obligation under this section. The costs, salaries, and expenses of the City Attorney and employees of his office shall be considered as "attorney's fees for the purpose of this condition. As pazt of the consideration for issuing this permit or approval, this condition shall remain in effect if this Conditional Use Permit is rescinded or revoked, whether or not at the request of the applicant. 4. Construction shall be in substantial conformance with the plan(s) approved by the Director, Development Review Committee, Planning Commission or Mayor and Common Council. Minor modification to the plan(s) shall be subject to approval by the Director through a minor modification permit process. Any modification which exceeds 10% of the following allowable measurable design/site considerations shall require the refiling of the original application and a subsequent hearing by the appropriate hearing review authority if applicable: a. On-site circulation and pazking, loading and landscaping; b. Placement and/or height of walls, fences and structures; c. Reconfiguration of architectural features, including colors, and/or modification of finished materials that do not alter or compromise the previously approved theme; and, d. A reduction in density or intensity of a development project. 5. No vacant, relocated, altered, repaired or hereafter erected structure shall be occupied or no change of use of land or structure(s) shall be inaugurated, or no new business commenced as authorized by this permit until a Certificate of Occupancy has been issued by the Department. A temporary Certificate of Occupancy maybe issued by the Department subject to the conditions imposed on the use, provided that a deposit is filed with the Public Works Division prior to issuance of the Certificate, is necessazy. The deposit or security shall guarantee the faithful performance and completion of all terms, conditions and performance imposed on the intended use by this permit. 6. This permit or approval is subject to all the applicable provisions of the Development Code in effect at the time of approval. This includes Chapter 19.20- Property Development Standazds, and includes: dust and dirt control during construction and grading activities; emission control of fumes, vapors, gases and other forms of air pollution; glaze control; exterior lighting design control; noise control; odor control; screening; signs, off-street parking and off-street loading; and vibration control. Screening and sign regulations compliance aze important considerations to the developer because they will delay the issuance of a Certificate of Occupancy until they aze complied with. Any exterior structural equipment, or utility transformers, boxes, ducts or meter cabinets shall be azchitecturally screened by wall or structural element, blending with the building design and include landscaping when on the ground. 7. The outdoor recreational amenities for the proposed project shall total a minimum of 24,000 squaze feet. At a minimum, the site plan shall be amended to include 2 picnic tables at each bazbeque; the addition of at least one bazbeque and 2 picnic tables on the west side of building II. The outdoor recreational amenities and site azea for same shall be reviewed and approved by the Community Development Director prior to issuance of building permits. 8. Prior to the issuance of building permits, the applicant shall demonstrate, to the satisfaction of the Community Development Director, that a total of 494 dedicated pazking spaces have been provided for the project. 9. All unsecured parking spaces shall be clearly marked "Village Tenant Parking Only" or "Village Guest Pazking Only." 10. Should the project construction be phased, all perimeter landscaping on all sides of the property shall be installed prior to the issuance of a Certificate of Occupancy for the first building on the site. 11. Should the project construction be phased, all security gates and fences shall be installed prior to the issuance of a Certificate of Occupancy for the first building on the site. 12. Should the project construction be phased, all build-out recreational amenities shall be installed (including the community center) prior to the issuance of a Certificate of Occupancy for the first building on the site. 13. Should the project construction be phased, all unbuilt azeas shall be landscaped with, at a minimum, grass and shade trees prior to the issuance of a Certificate of Occupancy for the first building on the site. An interim landscaping plan shall be submitted to the Community Development Director for review and approval prior to the issuance of the first building permit on the site. 14. All pazking lot and project lighting shall conform to the standards of the San Bernardino Development Code. The project proponent shall submit a lighting plan to the Planning Division for review and approval prior to the issuance of building permits. I5. The ManagemenUSecurity Plan shall be submitted for review and approval by the Development Services Depaztment and Police Department, prior to issuance of a Certificate of Occupancy. 16. A professional, non-student resident manager shall live within each project. In addition, a resident student manager, working a minimum of 16 hours a week, shall be provided for each floor of each building. This provision shall be included in the Management Plan. 17. Each lease shall be for a minimum of one academic year. Short-term tenancy during the summer months may be permitted, with the approval of a Temporary Use Permit. No month-to-month tenancy or sub-letting of individual rooms shall be permitted. This provision shall be included in the Management Plan. 18. The following shall be included in the building plans and the ManagemenUSecurity Plan as applicable: • Every bedroom shall be wired for computer intemet access in addition to telephone access. • Every bedroom shall be equipped with an individual lock for use only by the tenant. Master keys shall be maintained for each building. • Common laundry facilities at a ratio of one full size washer and one full size dryer per 10 units, and consistent with the Uniform Building Code shall be provided on each floor. • Access to student housing complexes shall be limited through the use of fencing or walls with locked gates. Gates shall be equipped with either key or cazd access and an intercom system for guests. • Each building within a student housing complex shall be locked, and equipped with either key or card access and an intercom system for guests. 19. An affiliation agreement with California State University San Bernardino shall be provided prior to issuance of building permits. 20. Signage is not included in this permit. Prior to the construction of any signage on the site, the project proponent shall submit a sign permit to the Planning Division for review and approval. 21. A minimum 50 foot building setback shall be provided from the Devil Creek Flood Control District right-of--way. 22. A 6 foot decorative block wall or wrought iron fence shall be constructed along the Flood Control District right-of--way adjacent to the site. 23. Prior to encroachment on Flood Control District right-of--way, a permit shall be obtained from the District's Flood Control Operations Division, Permit Section. 24. The mitigation measures outlined in the Mitigation Monitoring and Reporting Program are applicable. 25. This permit or approval is subject to the attached conditions or requirements of the following City Departments or Divisions: • Development Services Department -Plan Check Division • Development Services Department -Public Works Division • Public Services Department -Refuse Division • Water Department • Fire Department EXHIBIT 3 City of San Bernardino Proposed Development Code Amendment Student Housing The following amendments are proposed to the City of San Bernazdino Development Code: Chapter 19.02, Section 19.02.050, add definition of Student Housing Complex, as follows: Student Housing Complex: A building or buildings containing multiple family dwellings which allow for each bedroom to be leased to students attending California State University - San Bernardino, which provides common area amenities for units ranging from one to no more than four bedrooms per unit. The site shall be adjacent to California State University -San Bernardino ,bus service shall be available (within 500 feet of a bus stop), and retail services shall be within 2000 feet of the site. The designation will be applied only to parcels located within 500 feet miles of California State University -San Bernardino ,and to projects which demonstrate an affiliation in perpetuity with California State University -San Bernardino Chapter 19.04.010 (2.) E. add: Residential Student Housingl District This district is specifically designed to allow student housing complexes on lots of at least five exe acres in size, at a maximum density of 20 units per acre and with no more than 60 bedrooms per acre. Chapter 19.04.020, Table 04.01 (1.) add: RE RL RS Ri T RM RMH RH RS~H T. Student Housing Complex X X X X X X X C Chapter 19.04.030, Table 04.02, Residential Development Standazds, add a column labeled 1tSH, as follows: Lot Area Maximum Units/Gross Acre 20 (60 bedrooms) Lot Area ~-se-5 ac. Lot Width (feet) 150 Comer Lot Width 150 1 Lot Depth (feet) 150 Front Building Setback (feet) 40 Rear Building Setback (feet) 20 Side Building Setback (feet) 30 Side Building Setback Street Side (feet) 30 Building Lot Coverage (Maximum %) 50 Distance Between Buildings (feet) 25 Outdoor Useable Living Space (s.f.) 35% of unit size* *A minimum of 5% of the outdoor living space must be private (balcony or patio), and a minimum of 25% of the outdoor living space must be common useable space (not including pazking lot landscaping, or landscaped setback azeas). The balance (5%) may be either common or private useable open space. See Chapter 19.04, Section 19.04.030 (2.) (U.)(3.) Maximum Structure Height in stories (feet) 4 (56) Maximum Average No. of Attached Dwelling Units 30 Chapter 19.04, Section 19.04.030, Table 04.03, Residential; Districts Specific Standazds, add U. Student Housing Complex in the RSH district. Chapter 19.04, Section 19.04.030 (2.) U. Studeut Housiug Complex 1. Student Housing complexes aze only permitted in the Residential Student Housing District. 2. The minimum unit sizes shall be as follows: • 1-bedroom 600 square feet • 2-bedroom 800 square feet • 3-bedroom 1,000 squaze feet • 4-bedroom 1,200 squaze feet 3. Student housing complex units may be up to 20% -~99/° smaller than the minimum dwelling unit size prescribed above if a common azea is provided on each floor. The common area shall be no less than 300 square feet, and shall 2 include: a television set sofa and chairs; or a game table (pool table, cazd table, etc.), chairs and a sofa; desks, chairs and computer access facilities; or other such amenity as is consistent with an azea used for common social activity, subject to approval by the Planning Commission. 4. All student-housing complexes shall provide 35% of each unit size as useable open space for passive and active recreational use. A minimum of 5% of the outdoor open space must be private (balcony or patio), and a minimum of 25% of the outdoor open space must be common useable. The balance (5%) may be either common or private useable open space. Useable open space azeas shall not include: right-of--ways; vehicle parking azeas; areas adjacent to or between any structures less than 15 feet apart; or slope areas greater than 8%. Useable open space azeas shall be delineated on project site plans, and total square footage in open space shall be listed on the site plan. 5. Every bedroom shall be wired for computer Internet access in addition to telephone access. 6. Every bedroom shall be equipped with an individual lock for use only by the tenant. Master keys shall be maintained for each building. 7. All student housing complexes shall provide indoor and outdoor recreational amenities within the site which may include: a swimming pool; spa; clubhouse; picnic shelter and bazbeque azea; court game facilities such as tennis, basketball, volleyball or racquetball; improved softball or baseball fields; or such other similar facilities as approved by the Planning Commission. The amenities shall be equivalent to a minimum of 50 squaze feet per resident. The type of amenities shall be provided according to the following schedule: Bedrooms No. of Amenities 0-25 0 26-100 1 101-200 2 201-300 3 301-400 4 Add one amenity for each 100 additional bedrooms or fraction thereof. 8. One off street pazking space shall be provided for each bedroom, plus 3 uncovered off-street guest pazking spaces per 100 rooms. A minimum of 65% of the pazking spaces shall be covered. The balance of the pazking spaces shall be shaded by trees in such a manner that all pazking spaces shall be fully shaded within 5 yeazs of construction of the project. 3 9. Common laundry facilities at a ratio of one full size washer and one full size dryer per 10 units, and consistent with the Uniform Building Code shall be provided on each floor. 10. Access to student housing complexes shall be limited through the use of fencing or walls with locked gates. Gates shall be equipped with either key or cazd access and an intercom system for guests. Il. Each building within a student housing complex shall be locked, and equipped with either key or cazd access and an intercom system for guests. 12. A professional, non-student resident manager shall live within each project. In addition, a resident student manager, working a minimum of 16 hours a week, shall be provided for each floor of each building. 13. Management and security plans shall be submitted for review and approval by the Development Services Department and Police Department. 14. Each lease shall be for a minimum of one academic yeaz. Short-term tenancy during the summer months may be permitted, with the approval of a Temporazy Use Permit. No month-to-month tenancy or sub-letting of individual rooms shall be permitted. 15. An affiliation agreement in perpetuity with California State University San Bemazdino shall be provided prior to issuance of building permits. 4 CITY OF SAN BERNARDINO Development Services Department -Planning Division Interoffice Memorandum TO: Mayor and Common Council FROM: Valerie C. Ross~C ty lanner SUBJECT: Agenda Item No. 36 -Residential Student Housing Project DATE: October 7, 2002 COPIES: City Attorney; City Clerk; City Administrator; Development Services Director Attached are the Planning Commission Proposed Development Code Amendment Modifications (Exhibit 6) and Affiliation Agreement with California State University San Bemardino (Exhibit 7). They were not distributed with the backup for this item. In addition, staff received the First Amendment to the Agreement on October 3, 2002. It should be labeled as Exhibit 8. Entered into Record of ~c/7 Jp Z CouncillCmyDevCma Mtp: by re Agenda Item 3 L City ClerkICDC Secy City of San Bernardino EXHIBIT 6 AMENDED CONDITIONS OF APPROVAL (As Recommended by the Planning Commission) Conditional Use Permit No. 02-18 1. Within two years of development approval, commencement of construction shall have occurred or the permiUapproval shall become null and void. In addition, if after commencement of construction, work is discontinued for a period of one year, then the permit/approval shall become null and void. Expiration Date: Two Years from Mayor and Common Council Approval 2. The review authority may, upon application being filed 30 days prior to the expiration date and for good cause, grant aone-time extension not to exceed 12 months. The review authority shall ensure that the project complies with all current Development Code provisions. 3. In the event that this approval is legally challenged, the City will promptly notify the applicant of any claim, action, or proceeding and will cooperate fully in the defense of the matter. Once notified, the applicant agrees to defend, indemnify, and hold harmless the City of San Bernardino (City), the Economic Development Agency (EDA), any departments, agencies, divisions, boards or commissions of either the City or EDA as well as predecessors, successors, assigns, agents, directors, elected officials, officers, employees, representatives and attorneys of either the City or EDA from any claim, action or proceeding against any of the foregoing persons or entities. The applicant further agrees to reimburse the City and the Economic Development Agency any costs and attorney's fees which the City or the Economic Development Agency maybe required by a court to pay as a result of such action, but such participation shall not relieve applicant of his or her obligation under this section. The costs, salaries, and expenses of the City Attorney and employees of his office shall be considered as "attorney's fees for the purpose of this condition. As part of the consideration for issuing this permit or approval, this condition shall remain in effect if this Conditional Use Permit is rescinded or revoked, whether or not at the request of the applicant. 4. Construction shall be in substantial conformance with the plan(s) approved by the Director, Development Review Committee, Planning Commission or Mayor and Common Council. Minor modification to the plan(s) shall be subject to approval by the Director through a minor modification permit process. Any modification which exceeds 10% of the following allowable measurable design/site considerations shall require the refiling of the original application and a subsequent hearing by the appropriate hearing review authority if applicable: 1 a. On-site circulation and pazking, loading and landscaping; b. Placement and/or height of walls, fences and structures; c. Reconfiguration of architectural features, including colors, and/or modification of finished materials that do not alter or compromise the previously approved theme; and, d. A reduction in density or intensity of a development project. 5. No vacant, relocated, altered, repaired or hereafter erected structure shall be occupied or no change of use of land or structure(s) shall be inaugurated, or no new business commenced as authorized by this permit until a Certificate of Occupancy has been issued by the Department. A temporary Certificate of Occupancy maybe issued by the Department subject to the conditions imposed on the use, provided that a deposit is filed with the Public Works Division prior to issuance of the Certificate, is necessary. The deposit or security shall guarantee the faithful performance and completion of all terms, conditions and performance imposed on the intended use by this permit. 6. This permit or approval is subject to all the applicable provisions of the Development Code in effect at the time of approval. This includes Chapter 19.20- Property Development Standards, and includes: dust and dirt control during construction and grading activities; emission control of fumes, vapors, gases and other forms of air pollution; glaze control; exterior lighting design control; noise control; odor control; screening; signs, off-street parking and off-street loading; and vibration control. Screening and sign regulations compliance aze important considerations to the developer because they will delay the issuance of a Certificate of Occupancy until they aze complied with. Any exterior structural equipment, or utility transformers, boxes, ducts or meter cabinets shall be azchitecturally screened by wall or structural element, blending with the building design and include landscaping when on the ground. 7. The outdoor recreational amenities for the proposed project shall total a minimum of 24,000 squaze feet. At a minimum, the site plan shall be amended to include 2 picnic tables at each bazbeque; the addition of at least one barbeque and 2 picnic tables on the west side of building II. The outdoor recreational amenities and site azea for same shall be reviewed and approved by the Community Development Director prior to issuance of building permits. 8. Prior to the issuance of building permits, the applicant shall demonstrate, to the satisfaction of the Community Development Director, that a total of 494 dedicated pazking spaces have been provided for the project. 9. All unsecured pazking spaces shall be clearly marked "Village Tenant Pazking Only" or "Village Guest Pazking Only." 10. Should the project construction be phased, all perimeter landscaping on all sides of the property shall be installed prior to the issuance of a Certificate of Occupancy fot the first building on the site. 11. Should the project construction be phased, all security gates and fences shall be installed prior to the issuance of a Certificate of Occupancy for the first building on the site. 12. Should the project construction be phased, all build-out recreational amenities shall be installed (including the community center) prior to the issuance of a Certificate of Occupancy for the first building on the site. 13. Should the project construction be phased, all unbuilt azeas shall be landscaped with, at a minimum, grass and shade trees prior to the issuance of a Certificate of Occupancy for the first building on the site. An interim landscaping plan shall be submitted to the Community Development Director for review and approval prior to the issuance of the first building permit on the site. 14. All pazking lot and project lighting shall conform to the standards of the San Bernardino Development Code. The project proponent shall submit a lighting plan to the Planning Division for review and approval prior to the issuance of building permits. 15. The Management/Security Plan shall be submitted for review and approval by the Development Services Department and Police Department, prior to issuance of a Certificate of Occupancy. 16. A professional, non-student resident manager shall live within each project. In addition, a resident student manager, working a minimum of 16 hours a week, shall be provided for each floor of each building. This provision shall be included in the Management Plan. 17. Each lease shall be for a minimum of one academic year. Short-term tenancy during the summer months may be permitted, with the approval of a Temporary Use Permit. No month-to-month tenancy or sub-letting of individual rooms shall be permitted. This provision shall be included in the Management Plan. 18. The following shall be included in the building plans and the ManagemenUSecurity Plan as applicable: • Every bedroom shall be wired for computer intemet access in addition to telephone access. • Every bedroom shall be equipped with an individual lock for use only by the tenant. Master keys shall be maintained for each building. • Conunon laundry facilities at a ratio of one full size washer and one full size dryer per 10 units, and consistent with the Uniform Building Code shall be provided on each floor. • Access to student housing complexes shall be limited through the use of fencing or walls with locked gates. Gates shall be equipped with either key or card access and an intercom system for guests. • Each building within a student housing complex shall be locked, and equipped with either key or card access and an intercom system for guests. 19. An affiliation agreement in perpetuity with California State University San Bemazdino shall be provided prior to issuance of building permits. 20. The conditions of approval and affiliation agreement for CUP 02-18 shall be recorded against Assessor's Parcel Number 0266-115-15. 21. Signage is not included in this permit. Prior to the construction of any signage on the site, the project proponent shall submit a sign permit to the Planning Division for review and approval. 22. A minimum 50 foot building setback shall be provided from the Devil Creek Flood Control District right-of--way. 23. A 6 foot decorative block wall erivre~ee shall be constructed along the Flood Control District right-of--way adjacent to the site. 24. Prior to encroachment on Flood Control District right-of--way, a permit shall be obtained from the District's Flood Control Operations Division, Permit Section. 25. The mitigation measures outlined in the Mitigation Monitoring and Reporting Program aze applicable. 26. This permit or approval is subject to the attached conditions or requirements of the following City Departments or Divisions: • Development Services Department -Plan Check Division • Development Services Department -Public Works Division • Public Services Department -Refuse Division • Water Department • Fire Department ATTACHMENT "H"~ CITY OF SAN BERNARDINO DEVELOPMENT SERVICES DEPARTMENT 300 NORTH "D" STREET, SAN BERNARDINO, CA 92418 • (909) 384-5057 PROJECT REVIEW ROUTING PROJECT: General Plan Amendment No. 01-06 & Development Permit No. 01-26 TO: Valerie C. Ross - ERC/DRC Chair Jim Gundos -Parks & Recreation Arnie L.ovnaseth -Plan Check N'es Fanner -Police Departmen[ Geri Franske -Fire Department 1\(ichelle Dyck-Turner -Public Services Deparnnent Youn Kim -Public Works Division h1aggie Pacheco -Economic Development Agency Anwar Wagdy - Traftic Division Council Ivlentber Suarez -Ward 5 James Dye -Water Department Jim Watson -Water Reclamation Plant FROM: Joe Bellandi, Senior Planner DATE: December 12, 2001 E/DRC MEETING DATE: December 20, 2001 DESCRIPTION/LOCATION: A request to amend the General Plan of 8.28 acres of a 11.28 acre parcel from CG-3, Commercial General to RMH, Residential Medium i High. The 8.28 acres will be used for ten 3-story student-housing buildings with twelve units each. The re adsm"' mg 3 acres will be used for approximately 16,000 square feet of commerciallretail and a restaurant. The subject property is approximately 11.28 acres and is located on the southeast of Northpark Boulevard and University Parkway. OWNER: San Bernardino Project Nl LLC APPLICANT: American Campus-Titan LLC GEN. PLAN/ZONING: CG-3, Commercial General APN: 0266-115-15 CEQA STATUS: Subject to CEQA COMMENTS: (USE ADD/T/ONAL SHEETS IF NECESSARY) l % 7 ~ ^ I ~ 1 -I --L~~'8fr= ~ 'g`am' /` /City of San Bernardino STANDARD REQUIREMENTS Date: Development Services/Plan Check Division Property address 1. Submit ~j'sets of plans, minimum size 18" x 24", drawn to scale. If plan check is for expeditious review, submit 5 sets. The plans shall include (if applicable): a. site plan (include address & assessors parcel number) b. foundation plan c. floor plan (label use of all areas) d. elevations e. electrical, mechanical, & plumbing plans f. detail sheets (structural) g. cross section details h. show compliance with Title 24/Accessibility (disabled access) i. a plan check deposit fee will be required upon submittal of plans. Call Development Services (plan check) 909-384-5071 for amount. 2. The title sheet oC the plans must specify the occupancy classification, type of construction, if the building has sprinklers, & the current applicable codes. 3. The person who prepares them must sign the plans. Also, provide the address & phone number of that person. Some types of occupancies require that the plans are prepared, stamped, and signed by an architect, engineer, or other person licensed by the State of California. 4. For structures that must include an engineers design, provide 2 sets of stamped/wet signed calculations prepared by a licensed architect/engineer. 5. Provide 2 sets of Title 24/Energy compliance forms and calculations. Some compliance forms are required to be printed on the plans. 6. Submit grading, site, and/or landscape plans to Public Works/Engineering for plan check approval and permits. For more information, phone 909-384-5111. 7. Fire sprinkler plans, fires suppression system plans, etc., shall be submitted to the Fire Department for plan check approval and permits. For information, phone 909-384-5388. 8. Signs require a separate submittal to the Planning Division for plan check approval and permits. For information, phone 909-384-5057. 9. Restaurants, food preparation facilities, and some health related occupancies will require clearances and approved plans from San Bernardino County Health Department. For information, phone 909-387-3043. l0. Occupancies that include restaurants, car washes, automotive repair/auto body, dentist offices, food preparation facilities or processing plants, etc. may require approvals and permits from San Bernardino Water Reclamation. For information, phone 909-384-5141. 11. An air quality permit maybe required. Contact South Coast Air Quality Management Division for information, phone 909-396-2000. 12. State of California Business & Professions Code/Contractors License Law requires that permits can be issued to licensed contractors or owner-builders (that are doing the work). Contractors must provide their State license number, a city business registration, and workers compensation policy carrier & policy number. Owner-builders must provide proof of ownership. NOTE: PLAN CHECK TIME ON THESE TYPES OF PROJECTS IS APPROXIMATELY 3-4 WEEKS FOR 1~ CORRECTIONS. EXPEDITIOUS REVIEW IS APPROXIMATELY 10 WORKING DAYS. THE DEVELOPMENT REVIEW PROCESS IS NOT THE BUILDING ' PLAN CHECK AND DOES NOT IMPLY THAT THE DESIGN AS SUBMITTED WILL BE APPROVED WITHOUT CORRECTIONS. STANDARD REQUIREMENTS DEPARTMENT OF DEVELOPMENT SERVICESIPUBLIC WORKS DIVISION CASE NO: C.U.P. No. 02-18 DESCRIPTION: Construct 3-Story Student Housing (DP III 01-26) Building APPLICANT: American Campus LOCATION: South Easterly Corner of Northpark Blvd -Titan LLC and University Parkway • NOTE TO APPLICANT: Where separate Engineering plans are required, the applicant is responsible for submitting the Engineering plans directly to the Engineering Division. They maybe submitted prior to submittal of Building Plans. 1. Drainage and Flood Control a) All necessary drainage and flood control measures shall be subject to requirements of the City Engineer, which may be based in part on the recommendations of the San Bernardino County Flood District. The developer's Engineer shall furnish all necessary data relating to drainage and flood control. b) A permit will be required from the Department of Transportation and Flood Control if any work is required within the Flood Control District's right-of- way. c) A local drainage study will be required for the project. Any drainage improvements, structures or storm drains needed to mitigate downstream impacts or protect the development shall be designed and constructed at the developer's expense, and right-of-way dedicated as necessary. d) All drainage from the development shall be directed to an approved public drainage facility. If not feasible, proper drainage facilities and easements shall be provided to the satisfaction of the City Engineer. e) If site drainage is to be outletted into the public street, the drainage shall be conveyed through a parkway culvert constructed in accordance with City Standard No. 400. Conveyance of site drainage over the Driveway approaches will not be permitted. Page 1 of 9 8/30/2002 STANDARD REQUIREMENTS DEPARTMENT OF DEVELOPMENT SERVICESIPUBLIC WORKS DIVISION CASE NO: C.U.P. No. 02-18 DESCRIPTION: Construct 3-Story Student Housing (DP 11101-26) Building APPLICANT: American Campus LOCATION: South Easterly Corner of Northpark Bivd -Titan LLC and University Parkway f) Applicant shall mitigate on-site storm water discharge sufficiently to maintain compliance with the City's NPDES Storm Water Discharge Permit Requirements. A "Notice of Intent (NOI)" shall be filed with the State Water Quality Control Board for construction disturbing 5 acres of more of land. g) The City Engineer, prior to grading plan approval, shall approve an Erosion Control Plan. The plan shall be designed to control erosion due to water and wind, including blowing dust, during all phases of construction, including graded areas which are not proposed to be immediately built upon. 2. Grading and Landscaping a) If more than 1' of fill or 2' of cut is proposed, the site/plot/grading and drainage plan shall be signed by a Registered Civil Engineer and a grading permit will be required. The grading plan shall be prepared in strict accordance with the City's "Grading Policies and Procedures" and the City's "Standard Drawings", unless otherwise approved by the City Engineer. b) If more than 5 trees are to be removed from the site, a tree removal permit conforming to the requirements of Section 19.28.090 of the Development Code shall be obtained from the Department of Development Services-Planning Division prior to issuance of any grading or site development permits. c) If more than 5,000 cubic yards of earthwork is proposed, a grading bond will be required and the grading shall be supervised in accordance with Section 7012(c) of the Uniform Building Code. Page 2 of 9 8/30/2002 STANDARD REQUIREMENTS DEPARTMENT OF DEVELOPMENT SERVICES/PUBLIC WORKS DIVISION CASE NO: C.U.P. No. 02.18 DESCRIPTION: Construct 3-Story Student Housing (DP III 01-26) Building APPLICANT: American Campus LOCATION: South Easterly Corner of Northpark Blvd -Titan LLC and University Parkway d) If more than 1,000 cubic yards of earth is to be hauled on City Streets then a special hauling permit shall be obtained from the City Engineer. Additional conditions, such as truck route approval, traffic controls, bonding, covering of loads, street cleaning, etc. may be required by the City Engineer. e) An on-site Improvement Plan is required for this project. Where feasible, this plan shall be incorporated with the grading plan and shall conform to all requirements of Section 15.04-167 of the Municipal Code (See "Grading Policies and Procedures"). f) A refuse enclosure constructed in accordance with City Standard Drawing No. 508. The minimum size of the refuse enclosure shall be 8 feet x 15 feet, unless the Public Services Department, Refuse Division, approves a smaller size, in writing. g) Retaining walls, block walls and all on-site fencing shall be designed and detailed on the On-site Improvement Plan. This work shall be part of the On-site Improvement permit issued by the City Engineer. h) This project is located in the "High Wind Area". Therefore, all free standing walls and fences shall be designed for a minimum wind load of 23 pounds per square foot of vertical surface, unless a lower value is approved by the City Engineer. i) The on-site improvement plan shall include details of on-site lighting, including light location, type of poles and fixtures, foundation design, conduit location and size, and the number and size of conductors. Photometry calculations shall be provided which show that the proposed on-site lighting design will provide 1foot-candle of illumination uniformly distributed over the surface of the parking lot during hours of operation and 0.25 foot-candles security lighting during all other hours. Page 3 of 9 8/30/2002 STANDARD REQUIREMENTS DEPARTMENT OF DEVELOPMENT SERVICESIPUBLIC WORKS DIVISION CASE NO: C.U.P. No. 02-18 DESCRIPTION: Construct 3-Story Student Housing (DP III 01-26) Building APPLICANT: American Campus LOCATION: South Easterly Corner of Northpark Blvd -Titan LLC and University Parkway j) The design of on-site improvements shall also comply with all requirements of The California Building Code, Title 24, relating to handicap parking and accessibility, including retrofitting of existing building access points for handicap accessibility, if applicable. k) A handicap accessible path of travel shall be provided from the public way to the building entrance. All pathways shall be concrete paved and shall provide a minimum clear width of 4 feet. Where parking overhangs the pathway, the minimum paved width shall be 6 feet. I) Where the handicap accessible path of travel crosses drive aisles, it shall be delineated by striping or textured/colored concrete pavement. m) The project Landscape Plan shall be reviewed and approved by the City Engineer prior to issuance of a grading permit. Submit 5 copies to the Engineering Division for Checking. n) The public right-of-way, between the property line and top of curb (also known as "parkway") along adjoining streets shall be landscaped by the developer and maintained in perpetuity by the property owner. Details of the parkway landscaping shall be included in the project's on-site landscape plan, unless the parkway area is included in a landscape maintenance district, in which case, a separate landscape plan shall be provided. o) A Landscape Maintenance District shall be implemented to maintain landscaping within the following areas: Northpark Boulevard. p) Separate sets of Landscape Plans shall be provided for the Landscape Maintenance District. q) An easement and covenant shall be executed on behalf of the City to allow the City to enter and maintain any required landscaping in case of Page 4 of 9 8/30/2002 STANDARD REQUIREMENTS DEPARTMENT OF DEVELOPMENT SERVICES/PUBLIC WORKS DIVISION CASE NO: C.U.P. No. 02-18 DESCRIPTION: Construct 3-Story Student Housing (DP 11101-26) Building APPLICANT: American Campus LOCATION: South Easterly Corner of Northpark Blvd_ -Titan LLC and University Parkway owner neglect. The Real Property Section for execution by the property owner and shall ensure that, if the property owner or subsequent owner(s) fail to properly maintain the landscaping, the City will be able to file appropriate liens against the property in order to accomplish the required landscape maintenance. A document processing fee in the amount of 200.00 shall be paid to the Real Property Section to cover processing costs. The property owner, prior to plan approval, shall execute this easement and covenant unless otherwise allowed by the City Engineer. 3. Utiliities a) Design and construct all public utilities to serve the site in accordance with City Code, City Standards and requirements of the serving utility, including gas, electric, telephone, water, sewer and cable TV (Cable TV optional for commercial, industrial, or institutional uses). b) Backflow preventers shall be installed for any building with the finished floor elevation below the rim elevation of the nearest upstream manhole. c) Sewer main extensions required to serve the site shall be constructed at the Developer's expense. A sewer lift station or gravity sewer system will be required and shall be designed per City sewer policy and procedure to the satisfaction of the City Engineer. d) This project is located in the sewer service area maintained by the City of San Bernardino therefore, any necessary sewer main extension shall be designed and constructed in accordance with the City's "Sewer Policy and Procedures" and City Standard Drawings. e) Utility services shall be placed underground and easements provided as required. Page 5 of 9 8/30/2002 STANDARD REQUIREMENTS DEPARTMENT OF DEVELOPMENT SERVICES/PUBLIC WORKS DIVISION CASE NO: C.U.P. No. 02-18 DESCRIPTION: Construct 3-Story Student Housing (DP 11101-26) Building APPLICANT: American Campus LOCATION: South Easterly Corner of Northpark Blvd -Titan LLC and University Parkway f) A street cut permit, from the City Engineer, will be required for utility cuts into existing streets where the street is not being repaved as part of the required improvements. g) Existing Utilities which interfere with new construction shall be relocated at the Developer's expense as directed by the City Engineer, except overhead lines, if required by provisions of the Development Code to be undergrounded. See Development Code Section 19.20.030 (non- subdivisions) or Section 19.30.110 (subdivisions). h) Sewers within private streets or private parking lots will not be maintained by the City but shall be designed and constructed to City Standards and inspected under a City On-Site Construction Permit. A private sewer plan designed by the Developer's Engineer and approved by the City Engineer will be required. This plan can be incorporated in the grading plan, where practical. 4. Street Improvement a) All public streets within and adjacent to the development shall be improved to include combination curb and gutter, paving, handicap ramps, street lights, sidewalks and appurtenances, including, but not limited to traffic signals, traffic signal modifications, relocation of public or private facilities which interfere with new construction, striping, shall be accomplished in accordance with the City of San Bernardino "Street Improvement Policy" and City "Standard Drawings", unless otherwise approved by the City Engineer. Street lighting, when required, shall be designed and constructed in accordance with the City's "Street Lighting Policies and Procedures". Street lighting shall be shown on street improvement plans except where otherwise approved by the City Engineer. Page 6 of 9 8/30/2002 STANDARD REQUIREMENTS DEPARTMENT OF DEVELOPMENT SERVICES/PUBLIC WORKS DIVISION CASE NO: C.U.P. No. 02-18 DESCRIPTION: Construct 3-Story Student Housing (DP III 01.26) Building APPLICANT: American Campus LOCATION: South Easterly Corner of Northpark Blvd -Titan LLC and University Parkway b) For the streets listed below, dedication of adequate street right-of way (R.W.) to provide the distance from street centerline to property line and placement of the curb line(C.L.) in relation to the street centerline shall be as follows: Street Name Right of Wav(ft.) Curb Line(ft) Northpark Boulevard Existing Existing c) Construct Driveway Approaches per City Standard No. 204, Type II, including Handicap by-pass. Remove existing driveway approaches that are not part of the approved plan and replace with full height curb & gutter and sidewalk. 7. Required Engineering Permits a) Grading permit (If applicable). b) On-site improvements construction permit (except buildings -see Development Services-Building Division), including landscaping. c) Off-site improvements construction permit. 8. Applicable Engineering Fees' a) Plan check and inspection fees for off-site improvements - 4% and 4%, respectively, of the estimated construction costZ of the off-site improvements. All Fees are subJect to change without notice. Page 7 of 9 8/32002 STANDARD REQUIREMENTS DEPARTMENT OF DEVELOPMENT SERVICES/PUBLIC WORKS DIVISION CASE NO: C.U.P. No. 02-18 DESCRIPTION: Construct 3-Story Student Housing (DP III 01-26) Building APPLICANT: American Campus LOCATION: South Easterly Corner of Northpark Blvd -Titan LLC and University Parkway b) Plan check and inspection fees for on-site improvements (except buildings - See Development Services-Building Division) - 2% and 3%, respectively, of the estimated construction costa of the on-site improvements, including landscaping. c) Plan check and inspection fees for grading (If permit required) -Fee Schedule available at the Engineering Division Counter. d) Drainage fee in the approximate amount as follows based on $0.455 per square foot for the first 3,000 square feet of impervious lot are (estimated as 85% of the net lot area), then $0.156 per square foot of remaining impervious lot area or fraction thereof: e) Traffic system fee in the estimated amount of $43,736.68. Based on 2,410 trips per day @ $18.1148 per new trip generated by the project. The City Traffic Engineer shall determine exact amount at time of application for Building Permit. f) A portion of the Traffic Systems Fee paid for this commercial/industrial project can be credited tot he initial developer based on the actual cost of installation of the new traffic signal new traffic signals or upgrade of existing traffic signals for the mitigation of traffic related conditions identified in the project review process and required as part of the approved development. See Resolution No. 88.140. g) Sewer Connection fee in the approximate amount as follows based on $257.70 per 3,000 square feet or fraction thereof: $2,577.00 'Estimated Construction Cost for Off-Site Improvements !s based on a list of standard unit prices on file with the Public Works Division. ' Estimated Construction Cost for On-Site Improvements /s based on a list of standard unit prices on /lie with the Public Works Division. Page 8 of 9 8/30/2002 STANDARD REQUIREMENTS DEPARTMENT OF DEVELOPMENT SERVICESIPUBLIC WORKS DIVISION CASE NO: C.U.P. No. 02-18 DESCRIPTION: Construct 3-Story Student Housing (DP III 01-26) Building APPLICANT: American Campus LOCATION: South Easterly Corner of Northpark Blvd -Titan LLC and University Parkway h) Sewer Connection fee in the approximate amount as follows based on $322.86 per bedroom. 7. Additional Requirements -General a) The project will be responsible for 100% of the design and construction of an actuated traffic signal at their driveway and Northpark Blvd. The configuration of the signal and the intersection geometry can be addressed at a later time. b) The proposed driveway, which is opposite from an existing Cal-State access (Serrano Village), should be designed as four lane wide and have adequate stacking distance. Page 9 of 9 &/30/2002 City of San Bernardino Public Services Department -Refuse & Recycling Division ' Standard Requirements for Commercial & lndustria/ Deve/opment i Project Number: DP III O 1-26 Project Planner: Joe Bellandi Review Dale: 12.20.2001 Project Description/Business Name: 480 student housing units -commercial retail -restaurant Project Location/Address: APN0266-115-IS ServiceAccoun[: Reviewed By: Michelle Dyck-Turner a-mail: dyck•turner_mi@ci.san-bernardino.ca.us Phone: 909.384.5549 #3162 Collection Services I ® 1. The collection or transportation of refuse, recyclable discards, or green waste from any commercial and industrial ~ locations within the City shall be provided by the City of San Bernardino Public Services Department unless otherwise franchised or permitted. [MC § 6.24. I40] ® 2. New accounts require a completed Service Application, with a full deposit and a copy of manuals for all compactor units, returned to the City of San Bernardino Refuse & Recycling Division prior to issuance of the final Certificate of Occupancy. ® 3. All refuse containing garbage, such as food, vegetable, or animal wastes, shall be removed at least twice weekly, and all other solid wastes shall be removed at leas[ once weekly. [SB Counry Health, Sanitation and Animal Regulations § 33.083] ® 4. All commercial establishments generating G cubic yards or more of solid waste per week shall establish City recyding services for maximum diversion within 30 days of opening business, or establish an alternative diversion program to be identified in the IWM Survey for the project. Automated Cart Service to Nonresidential Facilities ? 5. Nonresidentlal establishments such as small offices, shops, meeting halls, or churches, which generate 2 cubic yards or less of non-bulky waste per week and are located on the same side of a residential block receiving automated cart service shall meet residential rather than commercial requirements. Service Vehicle Access ® b. Projects must have a minimum drive aisle width of 1 G feet, vertical traveling clearance of 14 fee[, 20-foot service clearance at enclosure or compactor pad, a minimum 40-foot straight and level approach to enclosure or compactor pad, and a minimum radius of 43 feet for all drive turns along the main ingress to and egress from enclosures. These requirements sha//not/imitrequirements for firevehic%access ® 7. Property without through access shall incorporate at least one of [he following designs: • A cul-desac with a 43-foot turning radius fora 32-foot vehicle length • A hammerhead turn with a 43-foot turning radius fora 32-foot vehicle length Gated Access ® 8. Gated properties that are locked and unmanned on service days anytime between the hours of 5 AM and S PM Monday through Saturday shall provide access code or key [o Public Services. Rolloff Compactor Units ? 9. Sealed compactor units dedicated separately to refuse and recyclables may be required to be installed at facilities with an anticipated waste generation of 60 uncompacted cubic yards per week ? 10. Rolloff compactor unitr must be installed according to manufacturer s and City Engineering specifications with the compactor hopper and roll-off box on a concrete slab with a minimum 3-foot continuously paved perimeter for safe access. ? 1 1. Roll-off boxes a[ locations receiving City service must meet City rail and hook specifications per Ciry Engineering Standard 510. Boxes shall be designed with disposal end opposite hook-up; boxes with same-side design may be subject to a roll-back charge. ? 12. Compactor equipment shall be screened from view of public right-of-way by materials compatible with building architecture and landscaping as specified by City of San Bernardino Development Code. [MC § 19.20.030 [21 ? 13. Location, orientation, and dimensions of enclosures, enclosure gates, pedesVian entry, compactor pads, and compactor screening, shall be shown on site plans and labeled that construction shall meet Ciry Engineering Standards. MD/PS 8.30.01 Public Services Department -Refuse & Recycling Division Standard Requirementr for Commercial & IndusVial Development Project No. DP III O I-26 12.20.2001 Page Z of 2 FronNoad Bin Enclosures S Access ® 14. Minimum double-wide enclosures of 8 feet by 15 feet shall be required for all development to allow for dedicated i I retycling bins, except where potential waste generation or space is restricted. [Specifications adopted in ~ accordance with Model Ordinance as required by CA PRC §4291 I] ® I5. Front-load compactor units must be contained in an enclosure large enough to hold [he unit and one additional bin facing lengthwise. ® 1 b. Front-load bin and compactor enclosures must be constructed according to City Engineering Standard 508. Rear or side pedestrian entry shall be provided on enclosures for all multi-unit residential development. Pedestrian entry on free-standing enclosures shall have a 4foot width, no gate or door, and an 'L' shaped block screen the same height of the enclosure. ® 17. Pedestrian access from building exit to bin enclosure shall be a minimum 4 fee[ wide and continuously paved. without crossing curbs, steps, or driveways. ® 18. Enclosure pads shall be level to resVict bins from drifting and designed for proper drainage of surface water. ® 19. Enclosures must be at least 5' from combustible walls, eave Tines, or openings. [98 CA Fire Code § 1103.2.2] ® 20. Only refuse bins and the contents therein for disposal may be stored in refuse enclosures. All other equipment, fixtures, and materials such as eleRrical panels, circulation or exhaust ducts or vents, grease bins, or surplus supplies are strictly prohibited. ® Z 1. Enclosures shall be buffered with landscaping when viewable from public right-of-way, and vegetation shall not res[rid gates or exceed height of enclosure. Include vegetation on landscape plans. ® Z2. Enclosures shall be located with gates aligned for sVaight access for service vehicles. ® 23. Enclosures shall no[ obstruct drive aisles, driveways, loading zones, parking, handicap access, or visibility of cross- trafficfrom drive aisles, alleys, or streets. Location shall no[ cause service vehicle to block access drives during while bins are being serviced. ® 24. Enclosure gates shall not open into drive aisles, parking spaces, or walkways. Enclosures placed adjacent [o parking shall be separated by a minimum 2-foot wide curbed area out to the farthest point of both gates, and designed to safely restrict gates from opening into parking spaces or landscaped areas.. ® 25. Location, orientation, and dimensions of enclosures, enclosure gates, and pedestrian entry, shall be shown on site plans and labeled [hat construction shall meet Ciry Engineering Standards. Mufti-unit Dwellings ® 26. Commercial requirementr shall apply to all multi-unit dwellings over 8 units, unless otherwise approved. ® 27. Disposal chutes incorporated into multi-story buildings must have dedicated chutes for refuse & commingled retyclables. Both chutes shall be clearly and permanently labeled at each chute opening and exit. [Specifications adopted in accordance with Model Ordnance as required by CA PRC §4291 I ] Integrated Waste Management Survey ? 28. Applicant shall submit an Integrated Waste Management Survey for each of the activities marked below with the initial application to Planning for approval by [he Public Services Department Refuse and Recycling Division prior to issuance of permits for each activity. The information contained in the Survey as well as any related comments and mitigation provided by Public Services shall be summarized in the Initial Study and EIR if required for the project under CEOA ? Demolition & Site Preparation ? Construction /Renovation ? Business Operations or Even[ Additional Requirementr or Recommendations Aplicant shall contruct a minimum of one double-wide enclosure 8' x 15' for every two resident buidlings, with convenient access to residents. Restaurant and commercial retail buildings shall have dedicated doublewide enclosures 8' x 15' each with straight access. MD/PS 8.30.01 EPn~ ACC !-G%7 SAN BnIWARDINO MUNICIPAL WATER DEPAh _ _:~NT STANDARD REQUIREMENTS Review of Plans:_~~Il''' ~,•-.'I- -~ 't7I1= sir ':r';~ Data Compiled: Owner/Developer: j' --'7'irjxy,~~: j, ~ Compiled B~• / IN+ Type of Project ]~71,/~-S'TT~St1~DEtiTy'~4GYLt.A/f_. BLLJ~. 71 ` umber ofUmts: Location:~'aiyiTry-~i)f ~ ~ t~i,P ~~~+~i _'. r s~.y/,:~ci~i:1.{s ~'r~:~-- WATER DEPARTMENT N •I IN Contact: ~~7~5 ~' ___i Phone: ~j~"~:;~k~_ Fax:.3d'~_ Note: All Water Services are Subject to the Rules & Regulations of the Waer Department. Size of Main Adjacent the Project: ,•'lnN~ ~ j{(P .S1k~~. jg! Nn,P7N~A~i ~Approxunata Water Pressuro: /A~ Elevation of Wder Storage: 1 ` ~ Hydrant Flow ®20 psi: Type, Size, Location, oral Distance to Nearest Fire Hydrant: ~~~~TYx?S ~~y'L D Precsure Regidator Required on Customer's Side on the Meter. O Off-site Water Facilities Regtriral. Area Not Served by SLan Bern/ardino Municipal Water Department. I /' ?Cornments: ~O7 ~l.e £ ~~a..~ Sh3Mlt~D F•~a-c ~6SR-fv4-tt-.~.. t-Ow/'ii'e(T J~ ~ Cz~.nK.Qr~ c, t!v s ~ S . WATER QUALITY CONTROL: Contact: ~j~~/B~g Phone:.,:'~~'`J~l' Fax: 3g~1- ~R.P.P. Backflow Device Required at Service Connection. rD'Q Q~E: T~<- ~i/N~fkiyt.5 Double Check Backflow Device Required at Service Connection, r„yS+ /R~f$:/YJ7l.J~~~~~~~i(-'% 5~1~~G>3 ~Bxckllow Device to be Ltspected Before Water Service can be Activated. No Backflow Device Required et This Time. _FNVIRONMENTAL CONTROL/INDUSTRAL WA.G'I'F: Contact: ~t/~Q~/~AO~"I.t//LL. Phone: ~8~'J..7~~_•~ Fax: 3S~'$a~ Nde: No Brute Regenerative Water SoReners May be Installed, Unless Holding and Hauling is Provided for the Brine. All Interceptors will be a 1200 Gwllon Capacity with a Sample Box Included. rrt~~:rgy~ /3~,F~7~ ~ fJ/~4/CA-r~ , ? Industrial Waste Pemut Required. ~ ? Grease Werceptor Required. ? Sand/Oil Interceptor Required. ? No Issues at this Tune. Pre-treatment Required. _ SEWER CAPACIT-Yt-INFORMATION: Contact: ~I~L /H6191yE,t..~ Phone: ^:,~' ~/-- rj~"'~,%{ Fax: ~gy ~~/~ Note: Proof of Payment Must be Subn»tted to the Building & Safety Department Prior to Issuance of the &tilding Permit. ? No Sewer Capacity Fee Applicable at This Time. a5f~ ewer Capacity Fee Must Be Paid to the Water Department for G I/o~ns, Per Dsy, Equivalent Dwelling Units:~D _ ~Subjeaa to Recalculation of Fee Prior to the Issuance of Building Permit. ~r/t/~~~y~~„~y, Breakdown of Estinuted Gallons Per Day: /~ k~ ~ ~,/eZ~d o~J~ yW rroasa~o.raw r^ni ~ _- -'' -; ~;,t',;~ EiEF~NARDINO FIRE ~EPARTMEI~JT i S iANDARD REQUIREMENTS c.;, v~1 k„~( 2co Hevlawe~ [iy CAP NEHAL FtE0U1REMENTS x, w d nu, ai sat ul pin Ira u r r 'en u: kfuildmg and Safety for Fire Department use at hme of plan check r- ~ r... , ~ I , y ,f an Bernardino F~a .pertinent at (909) 384.5388 for specific delaitetl regtnremenls. A/k. i:.1•? 3`J' `t ' J,. /~.7F?./ I ha le~u~:pe nail provWe br ad~~..,, r; t . tl,.w Mmimurn fire flow requiromenta shall be based on square footage, construction features, and exposure ! ,,,farina.:; ~ s,.ppii~d by the dr...l.,,r -, =niet be :mailable rD lot to placing combustible materials nn sno. WjAJER PURVEYOR FOR FIRt': PHGTECTION: /~('" The fire protection water service !Gr me area of this project is providetl Dye ? San Bernardino Municipal VYatar fiupanment-Engineering (909) 3845391 ? East Valley Water Dislnt=-Engm~enng (909)888.8986 ? Other Water puneyur. Phone. P LIC FIRE PROTECTION FACILITIES: Public lire hydrants a:~: reyun.:;' abng streets at intervals not to exceed 3001ue1 for canmercial and muttrresitlenlial areas and at intervals not to exceed 5001ee1 for residential areas Fire hydrant minmum. !t[vw n;+.es .,r !.b00 gpm at a 20 psi minimum restdral pressure are required for commercial and maatiaesidential areas. Minimum fire hydrant flow rate; df 1,;i00 g{vu a! rr 20 psi minimum residual pressure are requuetl for resitlenlial areas. Fire hydrant type an0 spari,~ u,~auun shall be jointly determined by me City d San Bernardino Fire Department in cdnlunctcn. min cite water purveyor. Fire hydrant matenals and m;tnuaucn shall conlorm to the standards and speCHicatbns of the water purveyor. Public fire hydrants, hro ;ervrees, and public water IacilNes necessary to meet Fire Department requirements are the developer s hnancial responsibility and shall be installed by the water pureeyor or by the developer at the water purveyor's discretion. Contact the water purveyor indicated above for additional inlormation. C ESS: Provide iwu separate, detlicatad ;Dacus of ingress/egress to the property entrance. The routes shall be paveU. all weather. Provide an access road to each building for fire apparatus. ACCecs roadway shall have an all-weather tldwny sudara of not less than 20 feet of unob• SbuCletl vadlh. ? Extend roadway to within 1501eet of all portions of the exterior wall of a8 single story buildings. ? Extend roadway to within 50 feet of the exterior wall of all multiple-story bWklings. Provide "NO PARKING" signs whenever parking d vehicles would possible reduce the clearance of access roadways to less than the required vntlth. Signs are to read "FIRE LANE-NO PARKING--M.C. See. 16.16'. ? Dead-end streets shall not exceed 500 feet m length and shall have a minimum 40 foot radius turnaround. ? The names of any haw streets (public or private) shall be subMttted to the Fire Department for approval. All access roads and streets are to be constructed antl usable prior b corrrbuatible k:onstructbn. Private lire hydrant shall be installed to protect each building totaled more than 150 feet from the curb line. No fire hydrants should be within 401eet of any exterior wall. The hydrant she8 be Wet Barrel type, with one 2S4 inch and 4 inch outlet, and approved by the Fire Department. Areas adjacent to fire hydrants shall be designated as a "NO PARKING' zone Dy peiMing an 8 inch wide, red stripe for 151ee1 in each direcion In front ct the hydrant in such a manner that tt will not be blocked by parked vehicles. LeBering to be in while 8" by K". B LDINGS: Address numeals shall De installed on the building at Ne front or dher approved loca8on in such a manner as to be visible from the Irontge street. Com- rrrereial and muss fam8y adWeas ntmerals shall be B inches tall, single lamily address numerals shall be 4 inches tall. The cobr of the numerals shall con• 'treat with lbe cobr of the background. Iderdtty each gas and electric meter with the number d the unit n serves. Fire extingtisbet must be itutatted prior to the building being okx:upbd. The minimum rating for any fire extinguisher t 2A 10810. Minimum tlistrlbulbn of lire extinguisher must be such that no interior pan of Ibe bribing ro over 75 test travel distance from a Ilre extinguisher. AparMeM houses with 18 or more rmit, hotels (motels) with 20 or more unit, or apartment or hoteb (motels) three stories or more in height shall be equipped with automa8c lire sprinklers designed to NFPA standards. All buildings, over 5,000 square feet, shall be equipped wlm an aWOmedc lire sprinker system designed to NFPA standards. This includes existing beiMings aceM over 385 days. Submit plena for the 8re protection system to the Fire Department prior to beginning constnretion of the system. Permtt required. ? Tenant knprovemente ttt all aprinklertW beilWnga are to be approved by the Fire Department prior to stars of donslMdion. Permit required. Provide 8re alarm (required throughout). Plans mrut be approved by the Fire Department prior to stn of installation. Permit required. Fire Department rxxrnectbn to sprinkler system/strMpipe system, shall be required al Firs Department approved location. ire Cods Permh required. Fire Sprinkler monitoring required. Plans must be approved by the Fire DepanmeM prior to Ibe stars M wnslruction. Permit required. Note: The applbaM must request, in writing, any changes to Fire Oepanment requirement. ADDITIONAL INFORMATION: ___gL.(~ ~t ~lr rV ~fy- r j (t. C7Yl'\ /_~ ~O~ ~'j~(~ _ Fre lM le]-0Ot-- -_ -- ~ -- CITY OF SAN BERNARDINO FIRE DEPARTMENT STANDARD REaU1REMENTS Case: ~j~-lT~ ->l L(~J Date: ~ - - ~ ~ Reviewed By: rG-k'4 GENERAL REQUIREMENTS: ? Provide one additional sat of construction plans to Building and Safety for Fira Department use at time of plan check. ? Contact the City of San Bernardino Fire Department at (909) 384-5368 for specific detailed requirements. ? The developer shall provide for adequate fire flow as computed by the Fire Prevention Bureau. Minimum fire flow requirements shall be based on square footage, construction features, and exposure information supplied by the developer and must be available odor to placing combustible materials an site. WATER PURVEYOR FOR FIRE PROTECTION: ? The fire protection water service for the area of this project is provided by: ? San Bernardino Municipal Water Department -Engineering 19091 384-5391 ? East Valley Water District -Engineering (9091 688-8986 ? Other Water Purveyor: Phone: PUBLIC FIRE PROTECTION FACILITIES: ? Public fire hydrants are required along streets at intervals not to exceed 300 feet for commercial and multi-residential areas and at intervals not to exceed 500 feet for residential areas. ? Fire hydrant minimum flow rates of 1,500 gpm at a 20 psi minimum residual pressure are required for commercial and multi-residential areas. Minimum fire hydrant flow rates of 1,000 gpm at a 20 psi minimum residual pressure are required for residential areas. ? Fire flow requirements may be met from the combined flow of two adjacent fire hydrants. Fire flow requirements may be adjusted, as deemed appropriate by the Fire Department, based on individual site specific conditions and available mitigations. ? Fire hydrant type and specific location shall be jointly determined by the Chy of San Bernardino Fire Department in conjunction with the water purveyor. Fire hydrant materials and installation shall conform to the standards and specifications of the water purveyor. ? Public fire hydrants, fire services, and public water facilities necessary to meet Fire Department requirements are the developer's financial responsibility antl shall be installed by the water purveyor or by the developer at the water purveyoi s discretion. Contact the water purveyor indicated above for additional information. ACCESS: ? Provide two separate, dedicated routes of ingress/egress to the property entrance. The routes shall be paved, all weather. ? Provide an access road to each building for fire apparatus. Access roadway shall have an all-weather driving surface of not less than 20 feet of unobstructed width. ? Extend roadway to within 150 feet of all portions of the exterior wall of all single story buildings. ? Extend roadway to within 50 feet of the exterior wall of all multiple-story buildings. ? Provide "NO PARKING" signs whenever parking of vehicles would possibly reduce the clearance of access roadways to less than the required width. Signs are to read "FIRE LANE - NO PARKING - M.C. Ssc 16.18". ? Dead-end streets shall not exceed 500 fee[ in length and shall have a minimum 40 foot radius turnaround. ? The names of any new streets (public or private) shall be submitted to the Fire Department for approval. SITE: ? All access roads and streets are to be constructed and usable prior to combustible construction. ? Private fire hydrants shalt be installed to protect each building located more than 150 feet from the curb line. No fire hydrants should be within 40 feet of any exterior wall. The hydrants shall be Wst Bsrrel type, with one 2'/t inch and 4 inch outlet, and approved by the Fire Department. Fire hydrants shall be designated as a "NO PARKING" zone by painting an 8 inch wide, red stripe for 15 feet in each direction in front of the hydrant in such a manner that it will not be blocked by parked vehicles. BUILDINGS: ? Address numerals shall be installed on the building at the front or other approved location in such a manner as to be visible from the frontage street. Commercial and multi family address numerals shall be 6 inches tall, single family address numerals shall be 4 inches tall. The color of the numerals shall contrast with the color of the background. ? Identify each pas and electric meter with the number of the unit it serves. ? Fire Extinguishers must be installed prior to the building being occupied. The minimum rating for any fire extinguisher is 2A 108/C. Minimum distribution of fire extinguishers must be such that no interior part of the building is over 75 feet travel distance from a fire extinguisher. ? Apartment houses with 16 or more units, hotels (motels) with 20 or more units, or apartments or hotels (motels) three stories or more in height shall be equipped with automatic fire sprinklers designed to NFPA standards. ? All buildings, other than residential, over 5,000 square feet shall be equipped with an automatic fire sprinkler system designed to NFPA standards. This includes existing buildings vacant over 365 days. ? Submit plans for the fire protection system to the Fire Department pridr to beginning construction of the system. ? Tenant improvements in all sprinklered buildings are to be approved by the Fire Department prior to start of construction. ? Provide fire alarm (required throughout). Plan must be approved by the Fire Department prior to start of installation. ? Fire Department connection to (sprinkler system/standpipe system) shall be required at Fire Department approved location. Note: The applicant must request, in w~r{iting, any changes to Fire Departm/ant requirements. ~/ / ADDITIONAL INFORMATION: ~1 ~-~'~{ % ~ ~r~v` ~T~f~~l 1~~ KEf„u ~/'~ vra no n t-ssr f•< DEPARTMENT OF PUBLIC WORKS COUNTY OF SAN BERNARDINO ECONOMIC DEVELOPMENT FLOOD CONTROL • REGIONAL PAflKS • SOLID WASTE MGMT • SURVEYOR • TflANSPORTATION •'~~~ ANO PUBLIC SERVICES GROUP 1125 East Third Street San Bernardino, CA 92415-0835 (9091387.8104 y ,r~~ KEN A. MILLER Fax (909) 387.8130 "Mr- Director of Public Works January 2, 2002 City of San Bernardino File: 2-364/1.00 300 North "D" Street 204.0104 San Bernardino, CA 92418 Attention: Joe Bellandi, Senior Planner SUBJECT: ZONE 2 -DEVIL CREEK CHANNEL -GENERAL PLAN AMENDMENT NO. 01-06 AND DEVELOPMENT PERMIT III NO. 01-26 -UNIVERSITY VILLAGE STUDENT HOUSING, CSUSB Reference is made to your December 12, 2001, Agency Comment Sheet, together with accompanying plans, requesting our review and recommendations for the subject development. The site is located southeasterly of the intersection of University Pazkway and Northpazk Boulevard, in the City of San Bernardino. A review of our records indicates that the site is adjacent and north of Devil Creek Channel, a partially improved Flood Control District (District) facility. According to the most recent FEMA Flood Insurance Rate Map, dated Mazch 18, 1996, the site lies entirely within Zone X unshaded. Our comments aze as follows: 1. It is assumed that the City will establish adequate provisions for intercepting and conducting the accumulated drainage around or through the site in a manner which will not adversely affect adjacent or downstream properties. 2. A minimum 50-foot building setback margin shall be provided outside the Flood Control District's right of way. 3. A 6-foot reinforced concrete block wall or other District approved barrier shall be constructed along the District's right of way adjacent to the site. 4. Prior to any encroachment on District right of way, a permit must be obtained from the District's Flood Control Operations Division, Permit Section. Uther on-site or off-site improvements may be required which cannot be determined at this time. If you have any questions, or if you need additional information, please call Marylou Mermilliod at (909)387-8213. Sincerely, MICHAEL J. FOX, P.E., Chief Water Resources Division MJF:MLM:AF:bf ID#15732 EXHIBIT 7 AGREEMENT THIS AGREEMENT is made and entered into as of the 23rd day of August, 2002 (the "Execution Date") by and between The Board of Trustees of the Califomia State University, an agency of the State of Califomia acting as the State of Califomia in its higher education capacity ("CSU") and American Campus-Titan, LLC, a Delawaze limited liability company ("ACT"). RECITALS A. ACT has entered into an agreement to purchase approximately 12 acres of land located at the comer of University Parkway and Northpazk Boulevard in San Bemazdino, Califomia (the "Parcel"). The Pazcel is more fully described in Exhibit A hereto. B. ACT proposes to develop in two phases up to a 480 bed off campus student housing project (the "Project") on approximately 8.5 acres of the Parcel (the "Pronert ,"). The Property is depicted in Exhibit B hereto. The portion of the Pazcel which is not included within the Property is hereinafter referred to as the "Commercial Site." The Commercial Site is also depicted in Exhibit B hereto. C. ACT and CSU desire to enter into an agreement which will define the rights and obligations of ACT and CSU with respect to the development, purchase and safe and operation of the Property and the Project and with respect to the purchase and sale of the Commercial Site. NOW, THEREFORE, in consideration of the foregoing premises and the mutual covenant of the parties set forth herein, IT IS HEREBY AGREED AS FOLLOWS: DEFINITIONS The following terms shall have the meanings ascribed to [hem in the sections listed below: Defined Term Section ~I ACC Section 4(f) ACT The Introductory Paragraph Appointment Period Section 2(c) Appraisals Section 2(c) Appraisers Section 2(c) Closing Conditions Section 3(a) Closing Date Section 3(fJ Closing Documents Section 3(h) Closing Period Section 3(a) Cotrtrrtercial Site Recital B T~`CSU -San Bernardino\University\Randi\OPT-AFF AGREEMENTv 132.doc Commercial Site Exercise Notice Section 7(a) Commercial Site Offer Notice Section 7(b) Commercial Site Option Section 7(a) Commercial Site Purchase Price Section 7(b) Construction Commencement Date Section 4(g) CSU The Introductory Pazagraph CSU Inspector Section 1(b) Design Dispute Section 1(b) Development Approvals Section 1(b) Development Rights Section 2(c) Dispute Resolution Period Section I (b) Due Diligence Objection Notice Section 3(b) Due Diligence Response Notice Section 3(b) Expiration Date Section 5(a) Execution Date The Introductory Paragraph First Extension Notice Section 3(d) First Extension Period Section 3(d) Imputed Equity Interest Section 5(f) Management Agreement Section 4(f) Maximum Project Purchase Price Section 2(d) Minimum Project Purchase Price Section 2(d) Modified Project Offer Notice Section 5(b) Negotiation Period Section 2(d) Occupancy Threshold Section 5(f) Pazcel Recital A Phase I Section 1(a) Phase I Condition Section 1(a) Phase II Section 1(a) Plans and Specifications Section I(b) Project Recital B Project Exercise Notice Section 2(b) Project Offer Notice Section 5(b) Project Option Section 2(a) Project Option Commencement Notice Section 2(b) Project Option Period Section 2(b) Property Recital B Protected Period Section 5(b) Project Purchase Price Section Z(c) PTR Section 3(c) Right of First Offer Transaction Section 5(b) Second Extension Notice Section 3(d) Second Extension Period Section 3(d) Survey Section 3(c) Title and Survey Objection Notice Section 3(c) Title and Survey Response Notice Section 3(c) T.\CSU -San Bcmardino\Univers~ty\Randi~APT-AFF AGREEMENTv 112.doc .2. SECTION I. ACQUISITION OF THE PARCEL; DEVELOP;~IENT AND MAINTENANCE OF THE PROJECT. (a) At its sole cost and expense, ACT shall complete the transaction involving the acquisition of the Parcel. From and after its acquisition of the Parcel, ACT shall develop the Project thereon at its sole cost and expense but subject to the terms and conditions of this Agreement. Subject to the limitations set forth herein, the Project shall be developed in two phases. The first phase ("Phase I") shall consist of 288 beds and a community center, with a tazgeted completion date of September, 2003. The second phase ("Phase II") shall consist of 192 beds and shall have a targeted completion date of one yeaz after construction commences; provided, however, that commencement of the construction of Phase I shall be subject to CSU confirming to ACT on or before September 15, 2002 that its existing student housing apartments have achieved a Fall 2002 occupancy of 90% (the "Phase I Condition"); and provided, further, that ACT shall have the right in its sole discretion to elect not to proceed with the construction of Phase II and/or to determine when to commence construction of Phase II; and provided, further, that in the event ACT has not commenced construction of Phase II within thirty six (36) months after the completion of Phase I, then for purposes of this Agreement it shall be deemed to have elected not to proceed with the construction of Phase II. In the event the Phase I Condition is not satisfied, then by written notice to CSU, ACT shall have the option to either: (i) elect to proceed with the construction of Phase I despite the failure of the Phase I Condition or (ii) elect to extend the date for the commencement of the construction of Phase I for a period of up to twelve (12) months or (iii) declaze this entire Agreement to be null and void and of no further force and effect and neither party shall have any further rights or obligations under any provision of this Agreement. (b) In furtherance of the foregoing, ACT acknowledges and agrees that it shall be responsible for securing any and all permits and approvals as may be necessary for the development of the Project (the "Development Approvals") and for the development of the plans and specifications for the Project (the "Plans and Specifications"); provided, however, given the right to purchase the Property and the Project granted to CSU under the terms of Section 2 of this Agreement, (i) the Plans and Specifications shall reflect that the Project will reflect the input of CSU, (ii) prior to the commencement of construction of each of Phase I and, if applicable Phase II, CSU shall have the right to review the development pro forma and cash flow projections for such Phase and to review and approve the Plans and Specifications, which approval shall not be unreasonably withheld or delayed and which approval shall be deemed granted if not denied in writing within fourteen (14) days after the submission to CSU of the Plans and Specifications, (iii) CSU shall, upon request, assist ACT in securing the Development Approvals including, but not limited to, appearing at public hearings and testifying in support of the Project and (iv) during the course of construction, CSU shall have the right (A) to review and approve any material modifications to the approved Plans and Specifications, which approval shall not be unreasonably withheld or delayed and which approval shall be deemed granted if not denied in writing within fourteen (14) days after the submission to CSU of any proposed material modifications to the approved Plans and Specifications, and (B) to T-`CSU • San Bernardino\University\Randi\OPT-AFF AGREEM ENTv U2.dac inspect the Project from time to time using a CSU certified inspector employed or engaged by CSU (the "CSU Inspector") in order to confirm that the Phase of the Project then under construction is being constructed in accordance with the approved Plans and Specifications or any approved material modifications thereto and is scheduled to be completed by the applicable targeted completion date. The fees and expenses of the CSU Inspector shall be the sole responsibility of CSU. In the event CSU disapproves in writing the Plans and Specifications or any material modifications thereto, it shall set forth the basis for its disapproval in reasonable detail (the "Design Dispute"). CSU and ACT shall negotiate in good faith for a period of ten (10) days after CSU's delivery to ACT of the description of the Design Dispute (the "Dispute Resolution Period") in an effort to resolve the Design Dispute but, if they are unable to resolve the same within the Dispute Resolution Period, then at any time after the end of the Dispute Resolution Period either party shall have the right on written notice to the other party to terminate the Project Option, after which neither party shall have any further rights or obligations hereunder with respect to the purchase and sale of the Property and the Project or the Development Rights; provided, however, in the event ACT is the terminating party, CSU shall have the right to void such termination by withdrawing the Design Dispute or so much thereof as ACT and CSU were unable to resolve during the Dispute Resolution Period. A termination of the Project Option pursuant to this Section 1(b) shall concurrently terminate the rights and obligations of the parties under Section 7 hereof with respect to the Commercial Site Option, but shall not affect the rights and obligation of the parties set forth in Sections 4, 5, 6 or 8 hereof. (c) As and when requested, ACT shall provide CSU with updates concerning the development of the Project including the then current timeline for the receipt of the Development Approvals and/or the completion of the construction thereof, which is currently anticipated to occur by no later than the Fall of 2003 with respect to Phase I of the Project. (d) From and after completion of the Project or Phase I of the Project, as applicable, and unless and until the same is acquired by CSU pursuant to the terms of this Agreement, ACT shall, at its sole cost and expense, maintain the good and sightly appearance of the Project or Phase I of the Project and shall repair the same so that it is at all times in good condition and repair, ordinary wear and tear excepted. SECTION 2.OPTION TO PURCHASE THE PROPERTY AND THE PROJECT; SETTING THE PURCHASE PRICE. (a) ACT does hereby grant to CSU an option to purchase the Property and the Project (the "Project Option") for a cash purchase price equal to the fair market value of (i) the Property and the Project, in the event both Phase I and Phase II are constructed by ACT or (ii) the Property, Phase I of [he Project and the development rights and permits held by ACT with respect to Phase II (the "Development Rights") in the event Phase II is not constructed by ACT, determined in the manner set forth in this Section 2 (the "Proiect Purchase Price") and otherwise on the terms and conditions set forth herein; provided, however, the Project Option shall be null and void and of no force and effect in the event T CSU -San Bemadino\Univeniry\Randi\OPT-AFF AGREEM ENTv I )2.doc •4- ACT is unable for any reason to acquire the Property, to secure the Development Approvals or to complete construction of the Projector Phase I of the Project, in the event ACT elects not to proceed with Phase I of the Project. (b) At any time from and after completion of Phase I of the Project until the earlier to occur of (i) the tenth (10`h) day after the date on which ACT elects or is deemed to have elected pursuant to Section 1(a) not to proceed with the construction of Phase II of the Project or (ii) completion of the construction of Phase II of the Project ACT shall deliver written notice to CSU that CSU may exercise the Project Option (the "Project Option Commencement Notice"). CSU shall be required to provide ACT with notice of its intent to exercise the Project Option subject to satisfaction of the Closing Conditions (as defined in Section 3(a)) by written notice to ACT (the "Project Exercise Notice") delivered within thirty (30) days after its receipt of the Project Option Commencement Notice (the "Project Option Period"). The Project Option shall be null and void and of no further force and effect in the event CSU fails to deliver the Exercise Notice prior to the expiration of the Project Option Period. In the event of the timely delivery by CSU of the Exercise Notice, the obligation of CSU to purchase the Property and the Project or the Property, Phase I of the Project and the Development Rights, as applicable, shall be subject to the satisfaction or waiver of the Closing Conditions. For purposes hereof, construction of Phase I or Phase II of the Project, as applicable, shall be deemed complete upon the issuance to ACT of a Certificate of Occupancy by the City of San Bemazdino, California. ACT shall not do anything to delay the issuance of the Certif cafe of Occupancy and shall act in good faith to secure it as promptly as practicable. (c) Within thirty (30) days after ACT's receipt of the Exercise Notice (the "Appointment Period"), each of ACT and CSU shall appoint an appraiser (the "Appraisers") who shall be instructed to determine the fair market value of the Property and the Project or the fair market value of the Property, Phase I of the Project and the Development Rights, as applicable, in accordance with this Section 2(c) and to deliver an appraisal to ACT and CSU (the "Appraisals") within thirty (30) days after his appointment setting forth his determination of the Purchase Price. The parties agree that the Appraisals shall be prepared in compliance with the Uniform Appraisal Instructions to Appraisers as set forth by FII2REA and shall conform to the current Uniform Standazds of Professional Appraisal Practice (USPAP) adopted by the Appraisal Standazds Board of the Appraisal Foundation. The parties further agree that the Appraisals shall be prepared using the following pro forma revenue and expense assumptions: (i) the occupancy of the Project, or the portion thereof being appraised, shall be 95% during the academic yeaz and 30% during the summer months, (ii) the expenses of the Project, or the portion thereof being appraised, shall exclude real estate taxes and (iii) eight (8%) percent shall be the appropriate capitali2ation rate to be applied to the net operating income of the Project or Phase I of the Project, as applicable, before capital reserves when determining the value of the Project, or the portion thereof being appraised. In the event either ACT or CSU fails to appoint an Appraiser within the Appointment Period, then the parties shall proceed using the one Appraiser appointed within the Appointment Period. T'.CSU -San Bemardino~University~Randi COPT-AFF AGREEMENTv 132doc -5- (d) Upon receipt of the Appraisals (or one Appraisal if a party fails to appoint an Appraiser within the Appointment Period), ACT and CSU shall negotiate in good faith for a period of thirty (30) days (the "Negotiation Period") in an effort to agree on the Purchase Price; provided, however, that in the event of the sale of the Property and the Project in no event shall ACT be required to agree to a purchase price which is less than the Minimum Project Purchase Price (as hereinafter defined) nor shall CSU be required to agree to a Purchase Price which is more than the Maximum Project Purchase Price (as hereinafter defined). For purposes hereof, the "Minimum Proiect Purchase Price" shall be Twenty Two Million Five Hundred Thousand and no/100 Dollazs ($22,500,000), increased by .125% per month from the Execution Date to the end of the Negotiation Period and the "Maximum Project Purchase Price" shall be Twenty Four Million and no/100 Dollars ($24,000,000), increased by .125% per month from the Execution Date to the end of the Negotiation Period. ACT and CSU acknowledge and agree that there will not be a minimum or maximum Purchase Price in the event of the purchase of the Property, Phase I and the Development Rights only. In the event ACT and CSU aze unable to agree upon the Purchase Price within the Negotiation Period, then the Project Option shall be null and void and of no further force and effect neither party shall have any further rights or obligations hereunder with respect to the purchase and sale of the Property and the Project A termination of the Project Option pursuant to this Section 2(d) shall concurrently terminate the rights and obligations of the parties under Section 7 hereof with respect to the Commercial Site Option, but shall not affect the rights and obligation of the parties set forth in Sections 4, 5, 6 or 8 hereof. (e) ACT shall be solely responsible for the costs of the Appraisals. SECTION 3. PURCHASE AND SALE OF THE PROPERTY AND THE PROJECT (a) Provided CSU and ACT are able to agree upon the Purchase Price during the Negotiation Period, CSU shall have a period of one hundred and eighty (180) days after the Purchase Price is agreed upon (the "Closing Period") in which to conduct such diligence with respect to the Property and the Project or the Property, Phase I of the Project and the Development Rights, as applicable, and to secure such approvals as it deemed to be necessary or appropriate in order for it to complete its purchase of the Property and the Project or the Property, Phase I of the Project and the Development Rights, as applicable (the "Closing Conditions"). (b) In connection with the satisfaction of the Closing Conditions, by no later than thirty (30) days prior to the end of the Closing Period, CSU shall provide ACT with written notice, setting forth in reasonable detail the nature of its due diligence objections, other than its title and survey objections which are addressed in Section 3(c) (the "Due Diligence Obiection Notice") and ACT shall have a period often (10) days after receipt of the Due Diligence Objection Notice in which to advise CSU whether or not it will correct the items to which CSU has objected in the Due Diligence Objection Notice (the "Due Diligence Response Notice"). CSU shall have a period often (10) days after receipt of the Due Diligence Response Notice to either to waive in writing any objections set forth in the Due Diligence Objection Notice which in the Due Diligence Response Notice i ,CSU -San Bemudino~Universiry~Randi`~OPRAFF .4GREEMENTv 132.doc •6- has refused to correct or to terminate the purchase and sale transaction. The failure of CSU to waive any such objections within such ten (10) day period shall be deemed to be an election by CSU to terminate the purchase and sale transaction. (c) In addition, in order to facilitate satisfaction of the Closing Conditions, ACT shall proceed with all due diligence to provide CSU within thirty (30) days after the end of the Negotiation Period with a preliminary title report for the Property issued by Chicago Title Insurance Company or other national title insurance company selected by the parties and insuring CSU's interest in the Property in an amount equal to the Purchase Price (the "PTR") and with an ALTA Survey of the Property and the Project or Phase I of the Project, as applicable (the "Stuvey"). CSU shall have twenty (20) days after its receipt of the PTR and legible copies of all of the exception documents referenced therein and the Survey to advise ACT in writing as its objections, if any, to the exceptions reflected in the PTR and/or matters identified on the Survey (the `"Title and Survev Objection Notice"). ACT shall have a period often (10) days after its receipt of the Title and Survey Objection Notice to advise CSU whether and to what extent it will correct the items identified in the Title and Survey Objection Notice (the "Title and Survev Response Notice"). CSU shall have a period of ten (10) days after its receipt of the Title and Survey Response Notice to advise ACT whether it is prepared to proceed with the transaction on the basis set forth in the Title and Survey Response Notice or whether it is electing to terminate the transaction. In the event CSU elects to terminate the transaction, then neither party shall have any further rights or obligations with respect to the purchase and sale of the Property and the Project. A termination of the transaction pursuant to this Section 3(c) shall concurrently terminate the rights and obligations of the parties under Section 7 hereof with respect to the Commercial Site Option, but shall not affect the rights and obligation of the parties set forth in Sections 4, 5, 6 or 8 (b) hereof. (d) If at the end of the Closing Period, either (i) CSU has completed all of its due diligence and secured all necessary approvals, other than the approval of its Board of Trustees or (ii) ACT needs additional time to resolve the matters which it has agreed to resolve in either its Due Diligence Response Notice or its Title and Survey Response Notice, then CSU or ACT, as applicable, shall have the right to extend the Closing Period for a period of thirty (30) days (the "First Extension Period") upon written notice to the other party (the "First Extension Notice") delivered no later than ten (10) days prior to the end of the Closing Period; and provided, further, that in the event as of the end of the First Extension Period despite good faith efforts to do so either (i) CSU has still not been able to secure the approval of its Board of Trustee or (ii) ACT still requires additional time to resolve the matters which it has agreed to resolve in either its Due Diligence Response Notice or its Title and Survey Response Notice, then CSU or ACT, as applicable, shall have the right to further extend the Closing Period for an additional period of thirty (30) days (the "Second Extension Period") upon written notice to the other party (the "Second Extension Notice") delivered no later than ten (10) days prior to the end of the First Extension Period. (e) Any further extensions of the Closing Period beyond the end of the Second Extension Period shall be subject to the mutual approval of ACT and CSU. T.'CSU -sap Bcmardino\Universiry~Randi~OPT-AFF AGREEMENTv I J2.doc -7- (f) The purchase and sale of the Property and the Project or of the Property, Phase I of the Project and the Development Rights, as applicable, shall proceed in the manner outlined in this Section 3 and the date on which the purchase and sale actually occurs shall be referted to as the "Closing Date." (g) ACT and CSU shall shaze on a 50-50 basis the following costs and expenses of the sale of the Property and the Project or the Property, Phase I of the Project and the Development Rights, as applicable, to CSU: (i) any transfer or sales taxes due upon such sale, (ii) any premiums for a standard coverage title insurance policy in favor of CSU in an amount equal to the Purchase Price, (iii) recording fees and (iv) escrow fees. ACT shall be responsible for discharging any liens and encumbrances which it agrees to remove in its Title and Survey Response Notice and for any attomeys fees and expenses incurred by ACT in connection with the sale of the Property and the Project to CSU. CSU shall be solely responsible for any additional premiums if its elects to secure extended coverage title insurance and for the cost of the ALTA survey required to secure such extended coverage and for any attorneys fees and expenses incurred by CSU in connection with the purchase of the Property and the Project or the Property, Phase I of the Project and the Development Rights, as applicable, from ACT. All other costs associated with the ownership of the Property and the Project or the Property, Phase I of the Project and the Development Rights, as applicable, including, but not limited to, real property taxes and assessments, shall be prorated as of the Closing Date, with ACT responsible therefor for the period prior to the Closing Date and with CSU responsible therefor for the period from and after the Closing Date. (h) ACT shall execute and deliver to CSU at Closing a Grant Deed, a Bill of Sale, and such other documents as maybe necessary in order to convey to CSU title to the Property and the Project or title to the Property, Phase I of the Project and the Development Rights, as applicable, free and cleaz of all liens and encumbrances other than those approved by CSU pursuant to Section 3(c) (the "Closing Documents"). The Closing Documents shall also include such other documents as maybe reasonably requested by CSU as being necessary, in the reasonable judgment of CSU, to consummate the transaction provided for herein. The form and substance of the Closing Documents shall be subject to the review and approval of the parties, which approval shall not be unreasonably withheld or delayed. In addition, at Closing ACT shall provide CSU with the originals, to the extent in its possession, and true and correct copies, to the extent the originals are not in ACT's possession, of all of the construction related documents, including, but not limited to, as built plans and specifications, product wan•anties and equipment operating and training manuals, which relate to the Property and the Project or Phase I, as applicable, and if applicable, all documents related to or evidencing the Development Rights. (i) At least one (1) business day before the Closing Date, CSU shall wire to Escrow Agent the amount required to the amount due at Closing from CSU in accordance with the Closing Statement prepazed by Escrow Agent and approved by CSU and ACT. T^.CSU -San Bemardino~Univasrty\Randi\GPRAFF AGREEMENTvI)2.doc -B- Q) AS IS. CSU ACKNOWLEDGES AND AGREES THAT IN THE EVENT OF THE EXERCISE OF THE PROJECT OPTION .du~1D THE PURCHASE OF THE PROPERTY AND THE PROJECT OR OF THE PROPERTY, PHASE I OF THE PROJECT AND THE DEVELOPMENT RIGHTS, AS APPLICABLE, UNDER THE TERMS HEREOF, CSU DOES HEREBY AGREE TO ACCEPT THE PROPERTY AND THE PROJECT OR THE PROPERTY, PHASE I OF THE PROJECT AND THE DEVELOPMENT RIGHTS, AS APPLICABLE, ON THE CLOSING DATE IN THEIR AS IS WHERE IS CONDITION WITHOUT ANY REPRESENTATION OR WARRANTY BY ACT OR ANY AFFILIATE THEREOF INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILITY OR WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND CSU WAIVES ANY RIGHTS IT MAY HAVE REGARDING ANY FORM OF WARRANTY RELATING TO THE PROPERTY OR THE PROJECT OR THE PROPERTY, PHASE I OF THE PROJECT AND THE DEVELOPMENT RIGHTS, AS APPLICABLE. NOTWITHSTANDING THE FOREGOING, AT CLOSING ACT SHALL ASSIGN TO CSU ANY WARRANTIES PROVIDED TO ACT DURING THE COURSE OF THE CONSTRUCTION OF THE PROJECT OR PHASE I OF THE PROJECT, AS APPLICABLE, BY ANY CONTRACTOR, SUBCONTRACTOR, MANUFACTURER OR OTHER THIRD PARTY, IF AND TO THE EXTENT THE SAME REMAInN IN EFFECT AS OF THE CLOSING. V CSU's Initials (k) CSU acknowledges and agrees that at any time prior to Closing, ACT may request that CSU provide reasonable assurances that it will be able to consummate the purchase of the Property and the Project or the Property, Phase I of the Project and the Development Rights, as applicable, including that CSU has a firm, written commitment from a reputable lending institution to finance such purchase and/or has sufficient liquidity to pay the Project Purchase Price on the Closing Date; provided, however, in no event shall CSU be entitled to exercise the Project Option conditioned on CSU obtaining any such financing- If CSU does not provide such assurances to ACT within thirty (30) days after a request therefor, such event shall be considered a default under this paragraph and shall render the exercise of the Project Option null and void and cause the Project Option to lapse. A termination of the Project Option pursuant to this Section 3(k) shall not affect the rights or obligations of ACT and CSU under Section 4 of this Agreement, but shall serve to terminate any rights granted to CSU or obligations imposed on ACT under Sections 5, 6, 7 or 8 of this Agreement. (1) CSU and ACT acknowledge and agree that the closing of the purchase and sale of the transaction provided for herein may occur after the initial occupancy of the Project or Phase I of the Project, as applicable, and accordingly that during the period from the completion of construction and the initial occupancy of the Project until the Closing Date, the Project will be operated in accordance with Section 4 of this Agreement and the documents described therein. T.~.CSU -San 6emardino~Univertiry~Randi~OPT-AFF AGREEMENTvU2dac -9- (m) An example of the time lines governing the exercise of the Project Option and the purchase and sale of the Property, Phase I of the Project and the Development Rights or the Property and the Project, as applicable, pursuant thereto is set forth in Exhibit C hereto. SECTION 4. AFFILIATION AGREEMENT (a) As a material inducement to ACT to enter into this Agreement and to grant CSU the rights provided for herein, CSU has agreed to designate the Project for the benefit of the students of CSU as "affiliated housing" and in furtherance thereof to provide the support described in this Section 4 for the period described in this Section 4. In consideration for the agreement of CSU to designate the Project as "affiliated housing," ACT agrees that until the earlier to occur of the expiration of the Project Option Period or the closing of the purchase and sale of the Property and the Project or the Property, Phase I of the Project and the Development Rights, as applicable, by CSU pursuant to Section 3 hereof, ACT shall in its discretion incorporate into its resident leases some or all of the policies applicable to residents of CSU "on campus" housing. CSU shall provide ACT with copies of all of such housing policies and with any modifications or amendments thereto which may be adopted by CSU from time to time during the period specified in this Section 4(a). (b) CSU and ACT will jointly and actively promote and mazket the Project as an integrated part of the overall housing program of CSU. All costs of marketing the Project will be subject to the reasonable approval of ACT and will be paid by ACT. The form and substance of any promotional or marketing materials, as well as the mazketing budget, related to the Project shall be mutually agreed upon by ACT and CSU. In furtherance and not in limitation of the foregoing, CSU will include a Project brochure in housing related mailings directed to (i) On Campus Occupants, (ii) student applicants notifying them of their admittance to CSU, and (iii) students not residing in on-campus facilities. (c) CSU will allow ACT to display such signs, flags, and banners at the Project designating it as a University affiliated housing project as maybe mutually agreed upon by CSU and ACT. (d) CSU will grant the Project the right to connect directly to the CSU Internet System. In the event the Project elects to so connect, then CSU will provide a direct connection for residents of the Project to the CSU Internet System. As between CSU and ACT, ACT shall be responsible for all costs of the use of the CSU Internet System it being understood and agreed that ACT intends to chazge the residents of the Project for any intemet use fees and expenses as may be billed to it by CSU. (e) At no cost or expense to ACT, CSU will provide University Police Patrol and Respon"se for the Project or Phase I of the Project, as applicable, and have the Emergency Call Station, which shall be located in such exterior azeas of the Project as T !CSU -San Bcmardina\U~ivcrsity\RandiWPT-AFF AGREEMENTv f 32.da - ip. maybe agreed upon by ACT and CSU, such as the pazking lot or common azeas or walkways, tie directly into CSU Response System. (f) The common azeas of the Project or Phase I of the Project, as applicable, shall be solely for the benefit of the residents of the Project and their guests (including any guests who aze residents of other CSU housing projects); subject, however, to the right of CSU, with the prior written approval of ACT, which shall not be unreasonably withheld, to use the common azeas of the Project for special events being held for the benefit of the residents of other CSU student housing projects and their guests. Any and all costs of such special events shall be the sole responsibility of CSU but CSU shall not owe any fees or other consideration to ACT for the use of the common areas of the Project for such special events. (g) American Campus Communities ("ACC") will manage the Project or Phase I of the Project, as applicable, for ACT. ACT shall exercise its rights under the management agreement with ACC (the "Management Agreement") through a Management Committee made up of two (2) members from CSU and three (3) members from ACT. The Management Agreement shall provide, among other things, that it will terminate upon the purchase by CSU of the Property and the Project or the Property, Phase I of the Project and the Development Rights, as applicable. In the event at any time prior to or during the term of the Management Agreement, ACT determines that certain management services are required or appropriate for the day to day management of the Project or Phase I of the Project, as applicable, ACT will have the right, but not the obligation, to negotiate with CSU with respect to the provision of such services but neither ACT nor CSU shall have any liability to the other in the event they aze unable to agree after a period of thirty (30) days of good faith negotiations on the terms or conditions on which such services will be provided. (h) The term of this Affiliation Agreement shall commence upon the date on which ACT is issued a building permit for Phase I of the Project (the "Construction ~ J Commencement Date") and shall terminate on the earlier of (i) the fifteenth anniversary of the Construction Commencement Date or (ii) the closing of the purchase and sale of the Property and the Projector the Property, Phase I of the Project and the Development Rights, as applicable, by CSU in accordance with the terms of this Agreement or (iii) the date specified by ACT in a written termination notice to CSU delivered at anytime during the term of this Affiliation Agreement. SECTION 5. RIGHT OF FIRST OFFER. (a) Prior to the earlier to occur of the date on which (i) Project Option Period expires without the exercise by CSU of the Project Option or (ii) after the timely exercise of the Project Option, the purchase of the Property and the Project or the Property, Phase I of the Project and the Development Rights, as applicable, is terminated by either CSU or ACT in accordance with Section 3, other than as a result of a default by CSU in its purchase obligations under Section 3 (the "Expiration Date"), ACT shall have no right to sell the Property and the Project or the Property, Phase I of the Project and the T'CSU • San Bernardino\University\Randi\OPT-AFF AGREEMENTv UZ.doc .tt. Development Rights, as applicable other than to CSU pursuant to the Project Option granted to CSU under Section 3. (b) From and after the Expiration Date, ACT shall have no right to sell the Property and the Project or the Property, Phase I of the Project and, if the same remain in effect, the Development Rights, as applicable, without complying with the procedures set forth in this Section 5. (b) ACT shall provide CSU with written notice of its intent to sell the Property and the Project or the Property, Phase I of the Project and, if they remain in effect, the Development Rights, as applicable, and its proposed terms with respect thereto (the "Project Offer Notice"). CSU and ACT shall have a period of thirty (30) days after CSU's receipt of the Offer Notice (the "Protected Period") to negotiate in good faith with respect to the terms and conditions under which such transaction shall occur (the "Ri ht of First Offer Transaction"). Tn the event ACT and CSU aze unable to reach agreement within the Protected Period with respect to the terms of the Right of First Offer Transaction, then ACT shall be free to enter into negotiations with respect to the Right of First Offer Transaction with any other person or entity; provided, however, that ACT shall not be permitted to consummate a transaction with any other person or entity on terms which ACT determines in its sole discretion are less favorable to ACT than those offered by CSU during the Protected Period without first offering CSU the opportunity, on written notice setting forth such terms and conditions, to consummate the Right of First Offer Transaction on such alternative terms and conditions (the "Modified Proiect Offer Notice"); provided, however, that CSU shall be deemed to have waived its right to proceed with such revised Right of First Offer Transaction in the event it does not advise ACT of its election to proceed within twenty (20) days after its receipt of the Modified Offer Notice. (c) In the event ACT does not consummate the Right of First Offer Transaction on the terms provided for in the Offer Notice or the Modified Offer Notice, as applicable, within one hundred eighty (180) days after the date thereof, ACT shall not be permitted to sell the Property and the Project or the Property, Phase I of the Project and the Development Rights, as applicable, without again first complying with the procedures set forth in Section 5(a). (d) In the event CSU timely exercises its right of first offer provided for in this Section 5, the purchase and sale of the Property and the Project or the Property, Phase I of the Project and the Development Rights, as applicable, shall occur in accordance with Section 3 of this Agreement. (e) In the event CSU does not timely exercise its right of first offer provided for in this Section 5, ACT shall be free to sell the Property and the Project or the Property, Phase I of the Project and the Development Rights, as applicable, free of any rights granted to CSU or obligations imposed on ACT under this Section 5 and under Section 6, but subject to the rights granted to CSU and obligations imposed on ACT under Section 8. In the event CSU timely exercises its right of first offer provided for in this Section 5 and then defaults in its purchase obligations, ACT shall be free to sell the Property and the Project or the Property, Phase I of the Project and the Development T'CSU • San Bernardino\University~Randi~OPT-AFF AGREEMENTv U2.doc _~z- Rights, as applicable, free of any rights granted to CSU or obligations imposed on ACT under this Section 5 and under Sections 6 and 8. SECTION 6. RESTRICTIVE COVEN?uYT. (a) In the event CSU either (i) fails to exercise the Project Option within the Project Option Period or (ii) after the timely exercise of the Project Option, fails to purchase either the Property and the Project or the Property and Phase I of the Project, as applicable, for any reason other than a default by CSU in its obligations under Section 3 of this Agreement, then, subject to the limitations set forth in the last sentence of this Section 6, on the thirtieth (30`h) anniversary of the Expiration Date (the period from the Expiration Date to such anniversary date being hereinafter referred to as the "Restrictive Covenant Period"), ACT shall convey title to the Property and the Project or the Property, Phase I of the Project, as applicable, to CSU for no consideration and the same shall be deemed to be a gift or charitable donation under applicable state and/or federal tax laws and CSU shall execute any and all documents necessary to confirm the tax status of such conveyance. (b) ACT shall not be required to provide CSU with title insurance at the time of the conveyance of the Property and the Project or Phase I of the Project, as applicable, pursuant to the terms hereof or to pay any costs associated with the transfer of title to the Property and the Project or Phase I of the Project, as applicable, to CSU in accordance with the terms hereof. (c) CSU ACKNOWLEDGES AND AGREES THAT IN THE EVENT OF THE CONVEYANCE OF THE PROPERTY AND THE PROJECT OR THE PROPERTY AND PHASE I OF THE PROJECT BY ACT UNDER THE TERMS OF THIS SECTION 6, CSU DOES HEREBY AGREE TO ACCEPT TITLE THERETO IN THEIR AS IS WHERE IS CONDITION WITHOUT ANY REPRESENTATION OR WARRANTY BY ACT OR ANY AFFILIATE THEREOF INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILITY OR WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND CSU WAIVES ANY RIGHTS IT MAY HAVE REGARDING ANY FORM OF WARRANTY RELATING TO THERETO. NOTWITHSTANDING THE FOREGOING, AT CLOSING ACT SHALL ASSIGN TO CSU ANY WARRANTIES PROVIDED TO ACT BY ANY CONTRACTOR, SUBCONTRACTOR, MANUFACTURER OR OTHER THIRD PARTY WITH RESPECT TO THE PROPERTY AND THE PROJECT OR THE PROPERTY AND PHASE I OF THE PROTECT, AS APPLICABLE, IF AND TO THE EXTENT THE SAME REMAIN IN EFFECT AS OF THE CLOSING. CSU's Initials (d) The rights granted to CSU and the obligations imposed on ACT under this Section 6 are personal to CSU and ACT and accordingly (i) may not be assigned by CSU to any other party and (ii) shall terminate in the event of the sale of the Property and the T`.CSU -San Bemudino\University\Randi\OPT•AFF AGREEMENTv I ]2.doc -I}. Project or the Property and Phase I of the Project (which may include the Development Rights to the extent the same aze still in effect), as applicable, by or on behalf of ACT to an unrelated third party in an arms length transaction, which, for purposes hereof, shall include a sale upon foreclosure of any deed of trust encumbering the Property, a conveyance of the Property by deed in lieu of foreclosure or a sale of the Property and the Project or of the Property, Phase I of the Project and, if still in effect, the Development Rights, as applicable, after CSU either fails to timely exercise its right of first offer as provided for in Section 5 or fails to close the purchase transaction for any reason after timely exercising its right of first offer as provided for in Section 5. (e) The provisions of this Section 6 shall not apply to the Commercial Site. SECTION 7. THE COMMERCIAL SITE ACT does hereby grant CSU the following rights with respect to the Commercial Site: (a) In the event ACT elects to develop or sell the Commercial Site prior to the Project Option Period, ACT shall provide CSU with written notice of its intent to sell or to develop the Commercial Site and with an opportunity to purchase the Commercial Site for the Commercial Site Purchase Price (the "Commercial Site Offer Notice"). CSU shall have a period of thirty (30) days after CSU's receipt of the Commercial Site Offer Notice to advise ACT whether or not it is prepazed to purchase the Commercial Site for the Commercial Site Purchase Price (the "Commercial Site Election Notice"). CSU shall be deemed to have waived its right to purchase the Commercial Site in the event it does not advise ACT of its election to purchase the Commercial Site within such thirty (30) day period. The rights granted to CSU, and the obligations imposed on ACT, under this Section 7(b) shall terminate at the commencement of the Commercial Site Option Period. (b) ACT does hereby grant CSU an option to purchase the Commercial Site (the "Commercial Site Option") for a cash purchase price (the "Commercial Site Purchase Price") of One Million and no/100 Dollazs ($1,000,000) increased by .25% per month from the Execution Date to the date on which CSU delivers written notice to ACT of its election to exercise the Commercial Site Option (the "Option Exercise Date"). The period in which CSU may exercise the Commercial Site Option shall run concurrently with the Project Option Period. CSU shall not be entitled to exercise the Commercial Site Option without concurrently exercising the Project Option but CSU shall be entitled to exercise the Project Option without exercising the Commercial Site Option. In the event CSU exercises the Commercial Site Option within the Project Option Period, then the purchase and sale of the Commercial Site shall be on the same terms and conditions as aze set forth in Section 3 with respect to the Property and the Project or the Property, Phase I of the Project and the Development Rights and the Closing Period with respect to the Commercial Site shall run concurrently with the Closing Period with respect to the Property and the Project or the Property, Phase I of the Project and the Development rights, as applicable. In the event that after the timely exercise of the Project Option, CSU defaults in its obligations with respect to thereto, then, whether or not CSU is then in default with respect to the Commercial Site Option, it shall have no further right to proceed with the purchase of the Commercial Site. T',CSU -San Demardino\Univttsity\Randi\OPT•AFF AGREEM ENTv I J2.doc .ly- (c) In the event CSU timely exercises its right of first offer provided for in Section 7(b), the purchase and sale of the Commercial Site shall be on the same terms and conditions as are set forth in Section 3 with respect to the Property and the Project or the Property, Phase I of the Project and the Development Rights but the Closing Period shall run from the date of the delivery of the Commercial Site Election Notice. (d) In the event CSU does not timely exercise its right of first offer provided for in Section 7(b) or in the event CSU timely exercises its right of first offer provided for in Section 7(b) and then defaults in its purchase obligations, ACT shall be free to sell or develop the Commercial Site free of any rights granted to CSU under Sections 7(a) or 7(b). (e) AS IS. CSU ACKNOWLEDGES AND AGREES THAT IN THE EVENT OF THE EXERCISE OF THE COMMERCIAL SITE OPTION AND THE PURCHASE OF THE COMMERCIAL SITE UNDER THE TERMS HEREOF, CSU DOES HEREBY AGREE TO ACCEPT THE COMMERCIAL SITE ON THE CLOSING DATE IN THEIR AS IS WHERE IS CONDITION WITHOUT ANY REPRESENTATION OR WARRANTY BY ACT OR ANY AFFILIATE THEREOF INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILITY OR WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND CSU WAIVES ANY RIGHTS IT MAY HAVE REGARDING ANY FORM OF WARRANTY RELATING TO THE COMMERCIAL SITE. NOTWITHSTANDING THE FOREGOING, AT CLOSING ACT SHALL ASSIGN TO CSU ANY WARRANTIES PROVIDED TO ACT BY ANY CONTRACTOR, SUBCONTRACTOR, MANUFACTURER OR OTHER THIRD PARTY WITH RESPECT TO THE COMMERCIAL SITE, IF AND TO THE EXTENT THE SAME REMAIN IN EFFECT AS OF THE CLOSING. n~ CSU's Initials Q) CSU acknowledges and agrees that in the event of the exercise by CSU of the Commercial Site Option, at any time prior to Closing of the purchase of the Commercial Site, ACT may request that CSU provide reasonable assurances that it will be able to consummate the purchase of the Commercial Site, including that CSU has a firm, written commitment from a reputable lending institution to finance such purchase and/or has sufficient liquidity to pay the Commercial Site Purchase Price on the Closing Date; provided, however, in no event shall CSU be entitled to exercise the Commercial Site Option conditioned on CSU obtaining any such financing. If CSU does not provide such assurances to ACT within thirty (30) days after a request therefor, such event shall be considered a default under this paragraph and shall render the exercise of the Commercial Site Option null and void and cause the Commercial Site Option to lapse, but such termination shall not affect the rights or obligations of ACT and CSU under Section 4 of this Agreement. 7"CSU • San Bemardinu\Universiry\Randi~DPT-AFF AGREEMENTv U2.doc -IS- 8. IMPUTED EQUITY INTEREST (a) In the event of the purchase by CSU of the Property and the Project pursuant to the right of first offer provided for in this Section 5 at any time during the Restrictive Covenant Period, CSU shall receive a credit against the cash due at Closing in an amount equal to the Imputed Equity Interest (as hereinafter defined). (b) Except as otherwise provided herein, in the event of the sale by ACT of the Property and the Project to a third party at any time during the Restrictive Covenant Period, then at the closing of any such sale of the Property and the Project, ACT shall donate to CSU an amount equal to the Imputed Equity Interest. (c) The provisions of Section 7(b) shall not apply (A) in the event that (i) only Phase I of the Project is constructed or (ii) ACT sells the Property and the Project to a third party after CSU fails to purchase the Property and the Project as a result of its default after timely exercising either the Project Option as provided for in Section 3 or its right of first opportunity as provided for in Section 5 or (iii) in the event of the purchase of the Property and the Project pursuant to the Project Option or (B) to the Commercial Site. (d) For purposes of this Section 8, the "Imputed Equity Interest" shall initially be zero and shall be increased each year during the Restrictive Covenant Period (an "Applicable Year") by the amount reflected in Exhibit D for the Applicable Year; provided, however, in the event the average monthly occupancy of the Project during the academic yeaz which most directly overlaps with the Applicable Year was less than 95% (the "Occuoancy Threshold"), then no such increase shall apply. On or before August 1 of each year, ACT shall provide CSU with a calculation setting forth in reasonable detail the Imputed Equity Interest as of the end of the most recently completed academic yeaz, along with the occupancy of the Project during such academic year. An example of the method of calculating the Imputed Equity Interest is also set forth in Exhibit D. 9. MISCELLANEOUS. (a) Any request or other communication to be given by any party hereunder shall be in writing and shall be sent by registered or certified mail, postage prepaid, by ovemight courier guazanteeing overnight delivery or by facsimile transmission, to the following address: To ACT: American Campus-Titan LLC 4725 S. Monaco Street Suite 340 Denver, CO 80237 Attention: Stuart Davis Phone: 720-528-7650 To CSU: 5500 University Parkway T .CSU -San Bemardino\University\Randi\GPLAFF AGREEb1 ENTv 1 l2.doc -16- r San Bemazdino, CA 92407-2397 Attention: Dave Del~lauro Phone: 909-880-5130 Notices maybe sent by deposit in the United States mail postage prepaid, by certified mail, return receipt requested, or by overnight courier and shall be deemed received on actual receipt or refusal of receipt thereof. (b) This Agreement may not be amended or modified in any respect whatsoever except by an instrument in writing signed by the parties hereto. This Agreement constitutes the entire agreement between the parties hereto with respect to the subject matter hereof and supersedes all prior negotiations, discussions, writings and agreements between them with respect to the subject matter hereof including, but not limited to the Exclusive Negotiating Agreement dated Mazch 30, 2002. (c) This Agreement is personal to CSU and may not be assigned by CSU. This Agreement maybe assigned by ACT without the consent of CSU but upon written notice to CSU to a single purpose limited liability company formed by ACT for the purpose of acquiring the Property and developing the Project and in which ACT is the sole member. Any other assignment by ACT will require the approval of CSU, which approval shall not be unreasonably withheld. (d) The waiver by any party of any breach of any of the provisions of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach of any provision of this Agreement. (e) Each recital set forth and exhibit referenced in this Agreement is incorporated and becomes an integral part of this Agreement. (f) The captions of this Agreement are for convenience of reference only and shall not define or limit any of the terms or provisions hereof. (g) Nothing in this Agreement express or implied is intended to and shall not be construed to confer upon or create in any third party (other than the parties hereto) any rights or remedies under or by reason of this Agreement, including without limitation, any right to enforce this Agreement. (h) Time is of the essence of this Agreement and of all of the covenants, conditions, terms and provisions of this Agreement. (i) If any litigation or other proceedings aze commenced between parties to this Agreement regazding the rights and duties of any party pursuant to, related to or arising from this Agreement, then the prevailing party with respect to the litigation or other proceedings, shall be entitled, in addition to the relief granted, a reasonable sum for attorneys' fees and costs of the litigation or other proceedings. T~~.CSI! -San Brrnanlino~.University~Randi'.OPT-AFF AGREEMENTv U2.doc -17- (j) This Agreement shall be governed by and construed in accordance with the laws of the State of California. (k) Should any one or more of the provisions of this Agreement be determined to be invalid, unlawful or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions hereof shall not in any way be affected or impaired thereby. (1) This Agreement maybe executed in any number of counterparts, each of which shall be an original; but such counterparts shall together constitute but one and the same instrument. (m) Each party acknowledges and agrees that it has participated in the drafting and the negotiation of this Agreement and has been represented by counsel during the course thereof. Accordingly, in the event of a dispute with respect to the interpretation or enforcement of the terms hereof, no provision shall be construed so as to favor or disfavor either party hereto. (n) Unless otherwise specified, in computing any period of time described herein, the day of the act or event on which the designated period of time begins to rvn shall not be included and the last day of the period so computed shall be included, unless such last day is a Saturday, Sunday or legal holiday, in which event the period shall run until the next day which is not a Saturday, Sunday or a legal holiday. T'CSU -San ©emardinoWnrvcrsnytRandi'oPT-AFF ,~GREEMENTvIJ2.doc -IS- IN WITNESS WHEREOF, the parties hereby execute this Agreement as of the day and year first set forth above. CSU: The Trustees of the California State University /~ Name:.,,: d i~~ i~~tr~,~r;c Title: lj 2c ii'rs~a<-~. -r f„ - '~dni; ~ s*r•ArrpJ gni7 FivA~.iGC- ACT: American Campus - Tita -LAC By: Titan st ent II L C Its: Managi tuber By: Name: "h.~i Avis Title: T',CSU -San Bemardino~Universily~Randi OPT-AFF AGREEMENTv112.duc -19- ACKNOWLEDGEMENTS STATE OF ~FO o ) COL T .y~ n~,, g~ On OU! °~o"~befo e, thus nd ot„ ary ~ ~ Pub ic, p sonally appeared (lJ,C~L.Ir~ personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is'are subscribed to the within instrument and acknowledged CARMEN MURILLO•MOYEDA to me that he/she/they executed the same in his/her/then _ Commission M 12BBB~0 authorized capacity(ies), and that byhis/her/their signature(s) Notay Public - CaRtamia on the instrument the person(s), or the entity upon behalf of ~ San Sernadino County which the person(s) acted, executed the instrument MYComnF~iesJm?4~5 WITNE my hand and official seal. I ~ Signature `_/~ (This area for official notarial seal) STATE OF COLORADO COUNTY OFL l: SS. On ~ 1 ' -' , - before mc, the undersigned Notary ~ ~ • wE/~ F Public,'persona lyappeared ; , : 1 1 i, Qj;'p7gR~,Q. personally known to me (or proved [o me on the basis of ~ satisfactory evidence) to be the person(s) whose name(s) • : is/are subscribed to the within instnument and acknowledged J : : m to me that he/she/they executed the same in his/her/their N A authorized capaciry(ies), and that byhis/her/their signanue(s) ~'y '•.•~Jgtl.~ G' on the instrument the person(s), or the entity upon behalf of ~OF COVOP which the person(s) acted, executed the instrument My Camzis9iott 6p;rgs ,' WITNESS my hand and official sea]. '~"` ^ ~ ` '~ Signature. -` i . / (This area for official notarial seal) T ~.CSU -San 6emardinaWnivttsity~Randi APT-AFF AGREEMENTv U:.doc -20- EXHIBIT A THE PARCEL Parcel No. 1: Those portions of Lots 1 and 4, Block 2 of Wiggins Tract, in the City of SAN BERNARDINO, County of SAN BERNARDINO, State of California, as per map recorded in Book 3, page(s) 74, of Maps, in the office of the County Recorder of Said County, together with that portion of that certain unnamed street, 50.00 feet wide, running North and South between Blocks 1 and 2, said Wiggins Tract, as vacated by Resolution No. 10069, adopted December 15, 1969, by the Mayor and Common Council of the City of San Bernardino, and recorded December 19, 1969, in Book 7356, page(s) 494, Official Records, described as follows: Beginning at the intersection of the West ?ine of said Lot 1, Block 2, with the Northeasterly line of that certain strip of land, 100.00 feet wide, as conveyed to San Bernardino Flood Control District, by Deed recorded Apri123, 1940 in Book 1415, page(s) 37, Official Records; Thence North 00°04'52" West along the West line of said Lot 1, Block 2, a distance of 214.34 feet to a point on the Southerly one Northpazk Boulevazd, 120.00 feet wide, as described in Deed to the City of San Bemardino, recorded January 14, 1965, in Book 6311, page(s) 419, Official Records, being a point on a curve concave to the North having a radius of 2420.00 feet, a radial line from said point bears North 29°55'27" East; Thence Southeasterly along said Northpark Boulevard, being along the arc of said curve 598.56 feet through a central angle of 14°10'17" to a point on the East line of said unnamed street, vacated, being also a point on the West line of Lot 2, Block 1, said Wiggins Tract; Thence South 00°04'06" East along the West line of said Lot 2, Block 1, and the West line of Lot 3, Block 1, said Wiggins Tract, a distance of 460.61 feet to a point on the Northeasterly line of aforesaid strip of ]and, 100.00 feet wide, as conveyed to said San Bernardino County Flood Control District; Thence North 49°01'51" West along said Northeasterly line, 729.05 feet to the Point of Beginning. Parcel No. 2: Those portions of Lots 2, 3 and 6, Block 1, Wiggins Tract, in the City of San Bemazdino, County of San Bemazdino, State of Califomia, as per plat recorded in Book 3, page(s) 74, records of said County, described as follows: Beginning at the intersection of the West line of said Lot, Block 1, with the Northeasterly line of that certain strig of land, 100.00 feet wide, as conveyed to San Bernardino County T~`CSU • San Bcmardin°Wniversiry\Randi~APT-AFF AGREEMENTv U2.S°c -21- Flood Control District and recorded in Book 1415 of Official Records, page 37, records of said county; Thence North 00°04' 16" West along the West line of said Lot 3, Block I, and the West line of said Lot 2, Block 1, being along the East line of that certain unnamed street, vacated 50.00 feet wide, running North and South between Block 1 and 2, said Wiggins Tract, a distance of 460.61 feet to a point on the Southerly line of Northpazk Blvd., 120.00 feet wide, as described in Deed to the City of San Bernazdino, recorded January 14, 1965, as Instrument No. 423, in Book 6311, of Official Records, page 419, records of said County, being a point on the curve concave to the North having a radius of 2420.00 feet, a radial line from said point bears North 15°45' 10" East; Thence Southerly along said Northpazk Bivd. Being along the azc of said curve 508.31 feet through a central angle of 12°02'05" to a point on the East line of said Lot 2, Block l; Thence South 00°03'57" East along the East line of said Lot 2, Block 1, the East line of said Lot 3, Block 1 and the East line of said Lot 6, Block 1, a distance of 809.38 feet to a point on the Northeasterly line of aforesaid strip of land, 100.00 feet wide, as conveyed to said San Bernazdino County Flood Control District; Thence 49°01'51" West along said Northeasterly line 662.79 feet to the Point of Beginning. T'`CSU -San Bernardino\Universiry\Randi`OPT•AFF AGREEMENTv 132.da -22- EXHIBIT B ,-'~T, DEPICTION OF THE PROPERTY " AND THE COMMERCLaL SITE ~ ,F~ _ , .~'~~ ~ I: Fill I~I~'~I ~~~i ~ .I ,"... ~I,~ u I iTi7fii'~ rn~ 1:: ;c ~ ~' , F = 1__. T ' ~ W t IYy 111 3 ~'- If ~ ~ ¢ ~ ~ o U ~- 1 O ~ l ~ .~~i~ o • ~L V I ~I ~ 111 III'. ~ ~ a1 ° o 2 lLLtl. i ll LLLLfy ~' °' < W "1 z Z ~ t4 t Q f6 V~~ t r. `\~M ~ 11~.h II I ~ t x._ ', ~ ~ t ' ~I ~ :a '. , ~ i ~ .a~ j ~ ~,'I~.~ ~ r~ I ~ ~ (,;i.a ~ ca i I F N -;~- -~. --~ -. '~ EXHIBIT C SAMPLE TIMELINES SCENARIO I. ACT ELECTS NOT TO BUILD PHASE II September 1, 2003: Phase I Complete January I, 2004: ACT elects not to build Phase II and Project Option Commencement Notice Issued to CSU by ACT. January 31, 2004: CSU exercises the Project Option to purchase the Property, Phase I and the Development Rights. Mazch 1, 2004: Each of ACT and CSU appoint an Appraiser. Mazch 31, 2004: Appraisals Delivered. Apri130, 2004: ACT and CSU agree on the Purchase Price. May 30, 2004: ACT delivers the PTR and Survey to CSU with respect to the Property and Phase I of the Project. June 19, 2004: CSU provides to ACT its title and survey objections by delivery of a Title and Survey Objection Notice. June 29, 2004: ACT responds to CSU's title and survey objections by delivery of a Title and Survey Response Notice. July 9, 2004: CSU responds to ACT's Title and Survey Response Notice and advises ACT of its decision to proceed with the Closing of the purchase and sale of the Property, Phase I of the Project and the Development Rights. August 28, 2004: Closing of the purchase and sale of the Property, Phase I of the Project and the Development Rights. SCENARIO II. ACT ELECTS TO BUILD PHASE II September 1, 2004: Phases I and II Complete and Project Option Commencement Notice Issued to CSU by ACT. September 30, 2004: CSU exercises the Project Option to purchase the Property and the Project. October 30, 2004: Each of ACT and CSU appoint an Appraiser. T-CSU -San BemaMino~Umvetsity~Randi~OPT-AFF AGREEM ENTv 132.doc -24- November 29, 2004: Appraisals Delivered. December 29, 2004: ACT and CSU agree on the Purchase Price. January 28, 2005: ACT delivers the PTR and Survey to CSU with respect to the Property and the Project. February 17, 2005: CSU provides to ACT its title and survey objections by delivery of a Title and Survey Objection Notice. February 27, 2005: ACT responds to CSU's title and survey objections by delivery of a Title and Survey Response Notice. March 9, 2005: CSU responds to ACT's Title and Survey Response Notice and advises ACT of its decision to proceed with the Closing of the purchase and sale of the Property and the Project. May 28, 2005: Closing of the purchase and sale of the Property and the Project. SCENARIO III. ACT IS DEEMED TO HAVE ELECTED NOT TO BUILD PHASE II September 1, 2003: Phase I Complete September 1, 2006: Construction of Phase II has not commenced and accordingly ACT is deemed to have elected not to build Phase II. September 10, 2006: Project Option Commencement Notice Issued to CSU by ACT. October 10, 2006: CSU exercises the Project Option to purchase the Property, Phase I and the Development Rights. November l0, 2006: Each of ACT and CSU appoint an Appraiser. December 10, 2006: Appraisals Delivered. January 9, 2007: ACT and CSU agree on the Purchase Price. February 8, 2007: ACT delivers the PTR and Survey to CSU with respect to the Property and Phase I of the Project. February 28, 2007: CSU provides to ACT its title and survey objections by delivery of a Title and Survey Objection Notice. March 20, 2007: ACT responds to CSU's title and survey objections by delivery of a Title and Survey Response Notice. T^CSU • San 6emardinu' Umversity~Randi'.OPT-AFF AGREEM ENTv I R.doc _ Z3 . March 30, ?007: CSU responds to ACT's Title and Survey Response Notice and advises ACT of its decision to proceed with the Closing of the purchase and sale of the Property, Phase I of the Project and the Development Rights. May 10, ?007: Closing of the purchase and sale of the Property, Phase I of the Project and the Development Rights. T `.CSU • San Bcmardino~Univasity~.Randi`APT•AFf AGREEMENTviJ2.doc -:6- EXHIBIT D IMPUTED EQL'ITlc' INTEREST SCHEDULE ANNUAL IMPUTED YEAR EOUITY INTEREST EARNED 1 $50,000 2 $50,000 3 $50,000 4 $50,000 5 $50,000 6 $50,000 7 $50,000 8 $50,000 9 $50,000 10 $50,000 I I 5500,000 12 $1,000,000 13 $1,000,000 14 $1,000,000 15 $1,000,000 16 $1,000,000 17 $1,000,000 18 $1,000,000 19 $1,000,000 20 $1,000,000 21 $1,000,000 22 $1,000,000 23 $1,000,000 24 $1,000,000 25 51,000,000 26 $1,000,000 27 $1,000,000 28 $1,000,000 29 $1,000,000 30 $1,000,000 Assumptions: Facility Sale Occurs by ACT to a third Party after the end of Year 5 of the Restrictive Covenant Period. Result: Equity Interest Eamed $200,000. AVERAGE IMPUTED EQUITY ~ OCCUPANCY INTEREST EARNED Yeaz 1 90% $0 Yeaz 2 95% $50,000 Year 3 95% $100,000 Yeaz 4 98% 5150,000 Year 5 98% $200,000 1"CSU • San Bemardmu,University~Randi~OPT-AFF AOREEMENTvl32.doc . 27. EXHIBIT 8 FIRST AMENDMENT THIS FIRST AMENDMENT (this "Amendment") is made and entered into as of the 3rd day of October, 2002 (the "Execution Date") by and between The Board of Trustees of the California State University, an agency of the State of California acting as the State of California in its higher education capacity ("CSU") and American Campus- Titan, LLC, a Delaware limited liability company ("ACT"). RECITALS A. CSU and ACT are parties to an agreement dated as of August 23, 2002 (the "Agreement") with respect to the acquisition of certain real property in San Bernardino, CA which is defined in the Agreement as the "Property" and is more fully described in Exhibit A hereto, and the development on the Property of an off campus student housing project, which is defined in the Agreement as the Project. B. The Agreement provides in Section 4 for the development of an affiliation arrangement between ACT and CSU with respect to the Project (the "Affiliation Provisions"). C. In connection with the development of the Property ACT was required to secure the approval of the City of San Bernardino Planning Commission (the "Commission"). D. As a condition to granting its approval, the Commission required a change to the Affiliation Provisions of the Agreement. E. ACT and CSU are interested in amending the Agreement to satisfy the condition imposed by the Commission and to make certain other modifications to the Agreement. F. The Agreement provides that it can be amended by written instrument signed by CSU and ACT. NOW, THEREFORE, inconsideration of the foregoing premises and the mutual covenants of the parties set forth herein, IT IS HEREBY AGREED AS FOLLOWS: 1. Section 2(d) of the Agreement shall be revised to read in full as follows: Upon receipt of the Appraisals (or one Appraisal if a party fails to appoint an Appraiser within the Appointment Period), ACT and CSU shall negotiate in good faith for a period of thirty (30) days (the "Negotiation Period") in an effort to agree on the Purchase Price; provided, however, that in the event of the sale of the Properly and the Project in no event shall ACT be required to agree to a purchase price which is less than the Minimum Project Purchase Price (as hereinafter defined) nor shall CSU be 137714.2 - 10/02/02 -Word required to agree to a Purchase Price which is more than the Maximum Project Purchase Price (as hereinafter defined). For purposes hereof, the "Minimum Project Purchase Price" for Phase I of the Project together with the Property and the Development Rights and other intangibles related thereto (the "Phase I Purchase") shall be Seventeen Million Dollars ($17,000,000.00) and for the Property and the Project shall be Twenty Two Million Five Hundred Thousand and no/100 Dollars ($22,500,000), each increased by .125% per month from the Execution Date to the end of the Negotiation Period, and the "Maximum Project Purchase Price" for the Phase I Purchase shall be Eighteen Million Five Hundred Thousand Dollars ($18,500,000.00) and for the Property and the Project shall be Twenty Four Million and no/100 Dollars ($24,000,000), each increased by .125% per month from the Execution Date to the end of the Negotiation Period. In the event ACT and CSU are unable to agree upon the Purchase Price within the Negotiation Period, then CSU shall have the right to purchase the Phase I Purchase or the Property and the Project for whichever of the Minimum Project Purchase Price or the Maximum Project Purchase Price for the Phase I Purchase or the Property and the Project, respectively, is closer to the average of the Appraisals. CSU shall provide ACT with notice of its election to purchase the Phase I Purchase or the Property and the Project, and the respective Purchase Price, within five(5) business days after the end of the Negotiation Period. If CSU fails to give such notice, then the Project Option shall be null and void and of no further force and effect, neither party shall have any further rights or obligations hereunder with respect to the purchase and sale of the Property and the Project. A termination of the Project Option pursuant to this Section 2(d) shall concurrently terminate the rights and obligations of the parties under Section 7 hereof with respect to the Commercial Site Option, but shall not affect the rights and obligation of the parties set forth in Sections 4, 5, 6 or 8 hereof. 2. Section 4(h) of the Agreement is hereby deleted in its entirety and the following inserted in lieu thereof: (h) The term of this Affiliation Agreement shall commence upon the date on which ACT is issued a building permit for Phase I of the Project (the "Construction Commencement Date") and shall terminate on the closing of the purchase and sale of the Property and the Project or the Property, Phase I of the Project and the Development Rights, as applicable, by CSU in accordance with the terms of this Agreement. 3. Section 8(d) of the Agreement is hereby amended to substitute "85%" for "95%" therein. 4. Section 9(a) of the Agreement is hereby amended to add the following at the end of said subsection: 137714.2 - 10/02/02 -Word 2 "Any notices to CSU shall contain the following heading in 12- point bold face type: `This notice is being delivered pursuant to that certain Agreement dated as of August 23, 2002 between CSU and American Campus-Titan, LLC and requires CSU to respond immediately or to face legal consequences."' 5. ACT shall record against the Commercial Site restrictions reasonably acceptable to CSU which prohibit use of the Commercial Site for any adult theater, adult bookshop, or similar purpose or for a bar selling alcoholic beverages unless such bar is appurtenant to a sit down restaurant. 6. Except as specifically set forth herein, the Agreement shall remain in full force and effect as originally executed by the parties. 7. This Amendment maybe executed in counterparts, each of which shall be deemed to be an original, but all of which taken together shall constitute but one and the same instrument. 1N WITNESS WHEREOF, the parties hereby execute this Agreement as of the day and year first set forth above. CSU: The Trustees of the California State University By: Name: Title: ACT: American Campus -Titan LLC By: Titan Investments II LLC Its: Managing Member By: Name: Stuart R. Davis Title: President 137714.2 - 10/02/02 -Word 3 ACKNOWLEDGEMENTS STATE OF CALIFORNIA COUNTY OF SS. On before me, the undersigned Notary Public, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument WITNESS my hand and official seal. Signature (This area for official notarial seal) STATE OF COLORADO COUNTY OF DENVER SS. On before me, the undersigned Notary Public, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signamre(s) on the instrument the person(s), or the entity upon behalf of which [he person(s) acted, executed the instrument WITNESS my hand and official seal. Signature (This azea for official notarial seal) 137714.2 - !0/02/02 -Word 4 EXHIBIT A THE PARCEL Pazcel No. 1: Those portions of Lots 1 and 4, Block 2 of Wiggins Tract, in the City of SAN BERNARDINO, County of SAN BERNARDINO, State of California, as per map recorded in Book 3, page(s) 74, of Maps, in the office of the County Recorder of Said County, together with that portion of that certain unnamed street, 50.00 feet wide, running North and South between Blocks 1 and 2, said Wiggins Tract, as vacated by Resolution No. 10069, adopted December 15, 1969, by the Mayor and Common Council of the City of San Bernazdino, and recorded December 19, 1969, in Book 7356, page(s) 494, Official Records, described as follows: Beginning at the intersection of the West line of said Lot 1, Block 2, with the Northeasterly line of that certain strip of land, 100.00 feet wide, as conveyed to San Bernardino Flood Control District, by Deed recorded Apri123, 1940 in Book 1415, page(s) 37, Official Records; Thence North 00°04'52" West along the West line of said Lot 1, Block 2, a distance of 214.34 feet to a point on the Southerly one Northpark Boulevazd, 120.00 feet wide, as described in Deed to the City of San Bernardino, recorded January 14, 1965, in Book 6311, page(s) 419, Official Records, being a point on a curve concave to the North having a radius of 2420.00 feet, a radial line from said point bears North 29°55'27" East; Thence Southeasterly along said Northpark Boulevard, being along the arc of said curve 598.56 feet through a central angle of 14° 10' 17" to a point on the East line of said unnamed street, vacated, being also a point on the West line of Lot 2, Block 1, said Wiggins Tract; Thence South 00°04'06" East along the West line of said Lot 2, Block 1, and the West line of Lot 3, Block 1, said Wiggins Tract, a distance of 460.61 feet to a point on the Northeasterly line of aforesaid strip of land, 100.00 feet wide, as conveyed to said San Bernardino County Flood Control District; Thence North 49°01'51" West along said Northeasterly line, 729.05 feet to the Point of it Beginning. I Parcel No. 2: Those portions of Lots 2, 3 and 6, Block 1, Wiggins Tract, in the City of San Bernardino, County of San Bernardino, State of California, as per plat recorded in Book 3, page(s) 74, records of said County, described as follows: Beginning at the intersection of the West line of said Lot, Block 1, with the Northeasterly line of that certain strip of land, 100.00 feet wide, as conveyed to San Bernardino County 137714.2 - 10/02/02 -Word 5 Flood Control District and recorded in Book 1415 of Official Records, page 37, records of said county; Thence North 00°04' 16" West along the West line of said Lot 3, Block 1, and the West line of said Lot 2, Block 1, being along the East line of that certain unnamed street, vacated 50.00 feet wide, running North and South between Block 1 and 2, said Wiggins Tract, a distance of 460.61 feet to a point on the Southerly line of Northpark Blvd., 120.00 feet wide, as described in Deed to the City of San Bernardino, recorded January 14, 1965, as Instrument No. 423, in Book 6311, of Official Records, page 419, records of said County, being a point on the curve concave to the North having a radius of 2420.00 feet, a radial line from said point bears North 15°45' 10" East; Thence Southerly along said Northpark Blvd. Being along the arc of said curve 508.31 feet through a central angle of 12°02'05" to a point on the East line of said Lot 2, Block 1; Thence South 00°03'57" East along the East line of said Lot 2, Block 1, the East line of said Lot 3, Block 1 and the East line of said Lot 6, Block 1, a distance of 809.38 feet to a point on the Northeasterly line of aforesaid strip of land, 100.00 feet wide, as conveyed to said San Bemardino County Flood Control District; Thence 49°01'51" West along said Northeasterly line 662.79 feet to the Point of Beginning. 137714.2 - 10/02/02 -Word 6 1 RESOLUTION NO. 2 RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING 3 GENERAL PLAN AMENDMENT NO. 01-06 TO THE GENERAL PLAN OF THE CITY OF SAN BERNARDINO, TO ADD THE RESIDENTIAL STUDENT HOUSING 4 DESIGNATION, AND ASSIGN THIS DESIGNATION TO 8.28 ACRES ON THE SOUTH SIDE OF NORTHPARK BOULEVARD, EAST OF UNIVERSITY 5 PARKWAY 6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY 7 OF SAN BERNARDINO AS FOLLOWS: 8 SECTION 1. Recitals g (a) WHEREAS, the General Plan for the City of San Bernazdino was adopted by the 10 Mayor and Common Council by Resolution No. 89-159 on June 2, 1989. 11 (b) WHEREAS, General Plan Amendment No. 01-06 to the General Plan of the City 12 of San Bernardino was considered by the Planning Commission on September 3, 2002, after 13 a noticed public hearing, and the Planning Commission's recommendation of approval has 14 15 been considered by the Mayor and Common Council. I6 (c) WHEREAS, General Plan Amendment No. 01-06 was reviewed under the 17 California Environmental Quality Act (CEQA) and a Mitigated Negative Declazation was 18 considered by the Mayor and Common Council. 19 (d) WHEREAS, the Mitigated Negative Declazation has been reviewed by the 20 Planning Commission and the Mayor and Common Council in compliance with the 2l 22 California Environmental Quality Act (CEQA) and local regulations. 23 (e) WHEREAS, the Planning Commission conducted a noticed public hearing on 24 September 3, 2002, in order to receive public testimony and written and oral comments on 25 General Plan Amendment No. 01-06 (a proposal to add the Residential Student Housing land 26 use designation to the General Plan) and fully reviewed and considered the Planning Division 27 staff report and the recommendation of the Environmental Review Committee. 28 1 1 (f) WHEREAS, the Mayor and Common Council held a noticed public hearing and 2 fully reviewed and considered proposed General Plan Amendment No. 01-06 and the 3 Planning Commission and Environmental Review Committee recommendations and 4 Planning Division Staff Report on October 7, 2002. 5 (g) WHEREAS, the adoption of General Plan Amendment No. 01-06 is deemed in 6 7 the interest of the orderly development of the City and is consistent with the goals, objectives 8 and policies of the existing General Plan. 9 SECTION 2. Miti atg ed Ne@ative Declaration 10 NOW, THEREFORE BE IT RESOLVED, FOUND AND DETERMINED by the 11 Mayor and Common Council that the proposed amendment to the General Plan of the City of 12 San Bernardino could have an impact on the environment, but that there will be no impact 13 which cannot be mitigated, and the Mitigated Negative Declaration heretofore prepazed by 14 15 the Environmental Review Committee as to the effect of this proposed amendment is hereby lg ratified, affirmed and adopted. 17 SECTION 3. Findines 18 BE IT FURTHER RESOLVED by the Mayor and Common Council of the City of 19 San Bernazdino that: 20 A. The proposed amendment is internally consistent with the General Plan in that it 21 22 meets General Plan Goals lA and 1H, providing functional land uses, which meet the 23 needs of the City's residents. 24 B. The proposed amendment would not be detrimental to the public interest, health, 25 safety, convenience, or welfaze of the City in that any project developed under the 26 amendment will be required to meet or exceed all City standards and requirements for 27 safe construction. 28 2 ] C. The proposed amendment would not impact the balance of land uses within the City 2 in that it provides a greater variety of housing types to City residents. 3 D. In the case of an amendment to the General Plan Land Use Map, the subject parcel(s) 4 is physically suitable (including, but not limited to access, provision of utilities, 5 compatibility with adjoining land uses, and absence of physical constraints) for the 6 7 requested land use designation(s) and the anticipated land use development(s) in that 8 all required utilities and public services can adequately serve the site. 9 SECTION 4. Amendment 10 BE IT FURTHER RESOLVED by the Mayor and Common Council that: l l A. The Land Use Plan of the General Plan of the City of San Bernazdino is amended by l2 adding the Residential Student Housing to the General Plan, and further designating 13 the location as outlined on the map entitled Attachment A as Residential Student 14 15 Housing. This amendment is designated as General Plan Amendment No. 01-06 and 16 further described in Attachment B, copies of which aze attached and incorporated 17 herein for reference. 18 B. General Plan Amendment No. 01-06 shall become effective immediately upon 19 adoption of this resolution. 20 SECTION 5. Map Notation 21 22 This resolution and the amendment affected by it shall be noted on such appropriate 23 General Plan maps previously adopted and approved by the Mayor and Common 24 Council and which aze on file in the office of the City Clerk. 25 SECTION 6. Notice of Determination 26 The Planning Division is hereby directed to file a Notice of Determination with the 27 County Clerk of the County of San Bernazdino certifying the City's compliance with 28 3 1 California Environmental Quality Act in preparing the Mitigated Negative 2 Declaration. 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 2l 22 23 24 25 26 27 28 4 i 1 RESOLUTION ADOPTING GENERAL PLAN AMENDMENT NO. 01-06 TO THE GENERAL PLAN OF THE CITY OF SAN BERNARDINO, TO ADD THE 2 RESIDENTIAL STUDENT HOUSING DESIGNATION AND ASSIGN THIS 9 DESIGNATION TO 8.28 ACRES ON THE SOUTH SIDE OF NORTHPARK BOULEVARD, EAST OF UNIVERSITY PARKWAY 4 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor 5 and Common Council of the City of San Bernardino at a meeting 6 7 thereof, held on the day of , 2002, by the following vote, to wit: 8 Council Members AYES NAYS ABSTAIN AB ENT 9 ESTRADA 10 LIEN ll MCGINNIS 12 DERRY 13 SUAREZ 14 15 ANDERSON 16 MC CAMMACK 17 18 City Clerk 19 The foregoing resolution is hereby approved this day of , 2002. 20 21 JUDITH VALLES, Mayor 22 City of San Bernardino Approved as to form 23 and legal content: 24 JAMES F. PENMAN City Attorney 25 26 By' 27 28 5 1 ORDINANCE NO. 2 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING 3 SECTION 19.02.050 (DEFINITIONS) AND CHAPTER 19.04 (RESIDENTIAL DISTRICTS) SECTION 19.04.020, TABLE 04.01 (PERMITTED USES), TABLE 04.02 4 (SPECIFIC STANDARDS), AND SECTION 19.04.030 (DEVELOPMENT STANDARDS) OF THE SAN BERNARDINO MUNICIPAL CODE (DEVELOPMENT CODE) TO ADD 5 TEXT RELATED TO DEFINITIONS, REQUIREMENTS AND STANDARDS FOR STUDENT HOUSING PROJECTS 6 7 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: 8 SECTION 1. Chapter 19.02, Section 19.02.050, Definitions and Chapter 19.04, Section 9 19.04.020, Table 04.01 (T), and Table 0.04.02, and Section 19.04.030 (2) (U) of the Municipal 10 l l Code (Development Code) are amended to add definitions and modify tables and text related to 12 Student Housing Project requirements and standards as shown in Attachment 1 attached hereto 13 and incorporated herein by reference. 14 SECTION 2. Severability. In the event that any provision of this Ordinance, or any part thereof, 15 or any application thereof to any person or circumstance, is for any reason held to be 16 unconstitutional or otherwise invalid or ineffective by any court of competent jurisdiction on its 17 18 face or as applied, such holding shall not affect the validity of effectiveness of any of the 19 remaining provisions of this Ordinance, or any part thereof, or any application thereof to any 20 person or circumstance or of said provision as applied to any other person or circumstance. It is 21 hereby declared to be the legislative intent of the City that this Ordinance would have been 22 adopted had such unconstitutional, invalid, or ineffective provisions not been included herein. 23 //// 24 //// 25 26 //// 27 28 1 i AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 19.02.050 (DEFINITIONS) AND CHAPTER 19.04 (RESIDENTIAL 2 DISTRICTS) SECTION 19.04.020, TABLE 04.01 (PERMITTED USES), TABLE 04.02 3 (SPECIFIC STANDARDS), AND SECTION 19.04.030 (DEVELOPMENT STANDARDS) OF THE SAN BERNARDINO MUNICIPAL CODE (DEVELOPMENT CODE) TO ADD 4 TEXT RELATED TO DEFINITIONS, REQUIREMENTS AND STANDARDS FOR STUDENT HOUSING PROJECTS 5 ~ I HEREBY CERTIFY that the foregoing ordinance was duly adopted by the Mayor and 6 7 Common Council of the City of San Bemardino at a meeting thereof, held j 8 on the 7th day of October , 2002, by the following vote to wit: 9 Council Members: AYES NAYS ABSTAIN ABSENT 10 ESTRADA ll LIEN 12 MCGINNIS 13 DERRY 14 15 SUAREZ 16 ANDERSON 17 MCCAMMACK IS City Clerk 19 20 The foregoing ordinance is hereby approved this day of , 21 2002. 22 JUDITH VALLES, Mayor 23 City of San Bernardino 24 Approved as to form and legal content: 25 JAMES F. PENMAN 26 City Attorney I 27 By: 28 2 ATTACHMENTI Chapter 19.02, Section 19.02.050, add definition of Student Housing Complex, as follows: Student Housing Complex: A building or buildings containing multiple family dwellings which allow for each bedroom to be leased to students attending California State University, San Bernardino, which provides common area amenities for units ranging from one to no more than four bedrooms per unit. The site shall be adjacent to California State University, San Bernazdino, bus service shall be available (within 500 feet of a bus stop), and retail services shall be within 2000 feet of the site. The designation will be applied only to parcels located within 500 feet of California State University, San Bernazdino, and to projects which demonstrate an affiliation in perpetuity with California State University, San Bernazdino. Chapter 19.04.010 (2.) E. add: (Residential Student Housing District This district is specifically designed to allow student housing complexes on lots of at least five exe acres in size, at a maximum density of 20 units per acre and with no more than 60 bedrooms per acre. Chapter 19.04.020, Table 04.01 (1.) add: RE RL RS RAT RM RMH RH Ry T. Student Housing Complex X X X X X X X C Chapter 19.04.030, Table 04.02, Residential Development Standazds, add a column labeled RSH, as follows: Lot Area Maximum Units/Gross Acre 20 (60 bedrooms) Lot Area 5 ac. Lot Width (feet) 150 Corner Lot Width 150 Lot Depth (feet) 150 Front Building Setback (feet) 40 Reaz Building Setback (feet) 20 Side Building Setback (feet) 30 Side Building Setback Street Side (feet) 30 1 Building Lot Coverage (Maximum %) 50 Distance Between Buildings (feet) 25 Outdoor Useable Living Space (s.£) 35% of unit size* *A minimum of 5% of the outdoor living space must be private (balcony or patio), and a minimum of 25% of the outdoor living space must be common useable space (not including pazking lot landscaping, or landscaped setback azeas). The balance (5%) may be either common or private useable open space. See Chapter 19.04, Section 19.04.030 (2.) (U.)(3.) Maximum Structure Height in stories (feet) 4 (56) Maximum Average No. of Attached Dwelling Units 30 Chapter 19.04, Section 19.04.030, Table 04.03, Residential; Districts Specific Standards, add U. Student Housing Complex in the RSH district. Chapter 19.04, Section 19.04.030 (2.) U. Student Housing Complex 1. Student Housing complexes aze only permitted in the Residential Student Housing District. 2. The minimum unit sizes shall be as follows: • 1-bedroom 600 square feet • 2-bedroom 800 square feet • 3-bedroom 1,000 squaze feet • 4-bedroom 1,200 square feet 3. Student housing complex units may be up to 20% smaller than the minimum dwelling unit size prescribed above if a common azea is provided on each floor. The common azea shall be no less than 300 squaze feet, and shall include: a television set sofa and chairs; or a game table (pool table, card table, etc.), chairs and a sofa; desks, chairs and computer access facilities; or other such amenity as is consistent with an area used for common social activity, subject to approval by the Planning Commission. 4. All student-housing complexes shall provide 35% of each unit size as useable open space for passive and active recreational use. A minimum of 5% of the outdoor open space must be private (balcony or patio), and a minimum of 25% of the outdoor open space must be common useable. The balance (5%) may be either common or private useable open space. Useable open space 2 areas shall not include: right-of--ways; vehicle parking azeas; azeas adjacent to or between any structures less than 15 feet apart; or slope areas greater than 8%. Useable open space areas shall be delineated on project site plans, and total squaze footage in open space shall be listed on the site plan. 5. Every bedroom shall be wired for computer intemet access in addition to telephone access. 6. Every bedroom shall be equipped with an individual lock for use only by the tenant. Master keys shall be maintained for each building. 7. All student housing complexes shall provide indoor and outdoor recreational amenities within the site which may include: a swimming pool; spa; clubhouse; picnic shelter and bazbeque area; court game facilities such as tennis, basketball, volleyball or racquetball; improved softball or baseball fields; or such other similar facilities as approved by the Planning Commission. The amenities shall be equivalent to a minimum of 50 square feet per resident. The type of amenities shall be provided according to the following schedule: Bedrooms No. of Amenities 0-25 0 26-100 1 101-200 2 201-300 3 301-400 4 Add one amenity for each 100 additional bedrooms or fraction thereof. 8. One off street pazking space shall be provided for each bedroom, plus 3 uncovered off-street guest parking spaces per 100 rooms. A minimum of 65% of the parking spaces shall be covered. The balance of the parking spaces shall be shaded by trees in such a manner that all parking spaces shall be fully shaded within 5 years of construction of the project. 9. Common laundry facilities at a ratio of one full size washer and one full size dryer per 10 units, and consistent with the Uniform Building Code shall be provided on each floor. 10. Access to student housing complexes shall be limited through the use of fencing or walls with locked gates. Gates shall be equipped with either key or cazd access and an intercom system for guests. 11. Each building within a student housing complex shall be locked, and equipped with either key or card access and an intercom system for guests. 3 12. A professional, non-student resident manager shall live within each project. In addition, a resident student manager, working a minimum of 16 hours a week, shall be provided for each floor of each building. 13. Management and security plans shall be submitted for review and approval by the Development Services Department and Police Department. 14. Each lease shall be for a minimum of one academic year. Short-term tenancy during the summer months may be permitted, with the approval of a Temporary Use Permit. No month-to-month tenancy or sub-letting of individual rooms shall be permitted. 15. An affiliation agreement in perpetuity with California State University San Bernazdino shall be provided prior to issuance of building permits. 4 EXHIBIT 6 AMENDED CONDITIONS OF APPROVAL (As Recommended by the Planning Commission) Conditional Use Permit No. 02-18 1. Within two years of development approval, commencement of construction shall have occurred or the permit/approval shall become null and void. In addition, if after commencement of construction, work is discontinued for a period of one year, then the permit/approval shall become null and void. Expiration Date: Two Years from Mayor and Common Council Approval 2. The review authority may, upon application being filed 30 days prior to the expiration date and for good cause, grant aone-time extension not to exceed 12 months. The review authority shall ensure that the project complies with all current Development Code provisions. 3. In the event that this approval is legally challenged, the City will promptly notify the applicant of any claim, action, or proceeding and will cooperate fully in the defense of the matter. Once notified, the applicant agrees to defend, indemnify, and hold harmless the City of San Bernardino (City), the Economic Development Agency (EDA), any departments, agencies, divisions, boards or commissions of either the City or EDA as well as predecessors, successors, assigns, agents, directors, elected officials, officers, employees, representatives and attorneys of either the City or EDA from any claim, action or proceeding against any of the foregoing persons or entities. The applicant further agrees to reimburse the City and the Economic Development Agency any costs and attorney's fees which the City or the Economic Development Agency maybe required by a court to pay as a result of such action, but such participation shall not relieve applicant of his or her obligation under this section. The costs, salaries, and expenses of the City Attorney and employees of his office shall be considered as "attorney's fees for the purpose of this condition. As part of the consideration for issuing this permit or approval, this condition shall remain in effect if this Conditional Use Pennit is rescinded or revoked, whether or not at the request of the applicant. 4. Construction shall be in substantial conformance with the plan(s) approved by the Director, Development Review Committee, Planning Commission or Mayor and Common Council. Minor modification to the plan(s) shall be subject to approval by the Director through a minor modification permit process. Any modification which exceeds 10% of the following allowable measurable design site considerations shall require the refiling of the original application and a subsequent hearing by the appropriate hearing review authority if applicable: 1 a. On-site circulation and pazking, loading and landscaping; b. Placement and/or height of walls, fences and structures; c. Reconfiguration of azchitectural features, including colors, and/or modification of finished materials that do not alter or compromise the previously approved theme; and, d. A reduction in density or intensity of a development project. 5. No vacant, relocated, altered, repaired or hereafter erected structure shall be occupied or no change of use of land or structure(s) shall be inaugurated, or no new business commenced as authorized by this permit until a Certificate of Occupancy has been issued by the Department. A temporary Certificate of Occupancy maybe issued by the Department subject to the conditions imposed on the use, provided that a deposit is filed with the Public Works Division prior to issuance of the Certificate, is necessary. The deposit or security shall guazantee the faithful performance and completion of all terms, conditions and performance imposed on the intended use by this permit. 6. This permit or approval is subject to all the applicable provisions of the Development Code in effect at the time of approval. This includes Chapter 19.20- Property Development Standazds, and includes: dust and dirt control during construction and grading activities; emission control of fumes, vapors, gases and other forms of air pollution; glaze control; exterior lighting design control; noise control; odor control; screening; signs, off-street pazking and off-street loading; and vibration control. Screening and sign regulations compliance are important considerations to the developer because they will delay the issuance of a Certificate of Occupancy until they are complied with. Any exterior structural equipment, or utility transformers, boxes, ducts or meter cabinets shall be azchitecturally screened by wall or structural element, blending with the building design and include landscaping when on the ground. 7. The outdoor recreational amenities for the proposed project shall total a minimum of 24,000 squaze feet. At a minimum, the site plan shall be amended to include 2 picnic tables at each bazbeque; the addition of at least one bazbeque and 2 picnic tables on the west side of building II. The outdoor recreational amenities and site area for same shall be reviewed and approved by the Community Development Director prior to issuance of building permits. 8. Prior to the issuance of building permits, the applicant shall demonstrate, to the satisfaction of the Community Development Director, that a total of 494 dedicated pazking spaces have been provided for the project. 9. All unsecured pazking spaces shall be clearly marked "Village Tenant Pazking Only" or "Village Guest Parking Only." 10. Should the project construction be phased, all perimeter landscaping on all sides of the property shall be installed prior to the issuance of a Certificate of Occupancy for the first building on the site. 11. Should the project construction be phased, all security gates and fences shall be installed prior to the issuance of a Certificate of Occupancy for the first building on the site. 12. Should the project construction be phased, all build-out recreational amenities shall be installed (including the community center) prior to the issuance of a Certificate of Occupancy for the first building on the site. 13. Should the project construction be phased, all unbuilt azeas shall be landscaped with, at a minimum, grass and shade trees prior to the issuance of a Certificate of Occupancy for the first building on the site. An interim landscaping plan shall be submitted to the Community Development Director for review and approval prior to the issuance of the first building permit on the site. 14. All pazking lot and project lighting shall conform to the standards of the San Bemazdino Development Code. The project proponent shall submit a lighting plan to the Planning Division for review and approval prior to the issuance of building permits. 15. The ManagementJSecurity Plan shall be submitted for review and approval by the Development Services Department and Police Department, prior to issuance of a Certificate of Occupancy. 16. A professional, non-student resident manager shall live within each project. In addition, a resident student manager, working a minimum of 16 hours a week, shall be provided for each floor of each building. This provision shall be included in the Management Plan. 17. Each lease shall be for a minimum of one academic year. Short-term tenancy during the summer months may be permitted, with the approval of a Temporary Use Permit. No month-to-month tenancy or sub-letting of individual rooms shall be permitted. This provision shall be included in the Management Plan. 18. The following shall be included in the building plans and the Management/Security Plan as applicable: • Every bedroom shall be wired for computer intemet access in addition to telephone access. • Every bedroom shall be equipped with an individual lock for use only by the tenant. Master keys shall be maintained for each building. • Common laundry facilities at a ratio of one full size washer and one full size dryer per 10 units, and consistent with the Uniform Building Code shall be provided on each floor. • Access to student housing complexes shall be limited through the use of fencing or walls with locked gates. Gates shall be equipped with either key or cazd access and an intercom system for guests. • Each building within a student housing complex shall be locked, and equipped with either key or cazd access and an intercom system for guests. 19. An affiliation agreement in perpetuity with California State University San Bernardino shall be provided prior to issuance of building permits. 20. The conditions of approval and affiliation agreement for CUP 02-18 shall be recorded against Assessor's Parcel Number 0266-115-15. 21. Signage is not included in this permit. Prior to the construction of any signage on the site, the project proponent shall submit a sign permit to the Planning Division for review and approval. 22. A minimum 50 foot building setback shall be provided from the Devil Creek Flood Control District right-of--way. 23. A 6 foot decorative block wall shall be constructed along the Flood Control District right-of--way adjacent to the site. 24. Prior to encroachment on Flood Control District right-of--way, a permit shall be obtained from the District's Flood Control Operations Division, Permit Section. 25. The mitigation measures outlined in the Mitigation Monitoring and Reporting Program are applicable. 26. This permit or approval is subject to the attached conditions or requirements of the following City Departments or Divisions: • Development Services Department -Plan Check Division • Development Services Department -Public Works Division • Public Services Department -Refuse Division • Water Department • Fire Department ATTACHMENT "H"~ CITY OF SAN BERNARDINO DEVELOPMENT SERVICES DEPARTMENT 300 NORTH "D" STREET, SAN BERNARDINO, CA 92418 • (909) 384-5057 PROJECT REVIEW ROUTING PROJECT: General Plan Amendment No. 01-06 & Development Permit No. 01-26 TO: Valerie C. Ross - ERC/DRC Chair Jim Gondos -Parks & Recreation Arnie I.ovnaseth -Plan Check Wes Farmer -Police Department Geri Franske -Fire Department Michelle Dyck-Turner -Public Services Department Youn Kim -Public Works Division Maggie Pacheco -Economic Development Agency Anwar Wagdy - Trat'fic Division Council Member Suarez -Ward 5 James Dye -Water Department Jim Watson -Water Reclamation Plant FROM: Joe Bellandi, Senior Planner DATE: December 12, 2001 E/DRC MEETING DATE: December 20, 2001 DESCRIPTION/LOCATION: A request to amend the General Plan of 8.28 acres of a 11.28 acre parcel from CG-3, Commercial General to RMH, Residential Medium High. The 8.28 acres will be used for ten 3-story student-housing buildings with twelve units each. The ret atT°g 3 acres will be used for approximately 16,000 square feet of commercial/retail and a restaurant. The subject property is approximately 11.28 acres and is located on the southeast of Northpark Boulevard and University Parkway. OWNER: San Bernardino Project NI LLC APPLICANT: American Campus-Titan LLC GEN. PLANlZONING: CG-3, Commercial General APN: 0266-115-15 CEQA STATUS: Subject to CEQA COMMENTS: (USE ADDLTIONAL SHEETS /F NECESSARY) ~ ' ice- ~ ,l /, /City of San Bernardino STANDARD REQUIREMENTS Date: Development Services/Plan Check Division Property address 1. Submit sets of plans, minimum size 18" x 24", drawn to scale. if plan check is for expeditious review, submit 5 sets. The plans shall include (if applicable): a. site plan (include address & assessors parcel number) b. foundation plan c. door plan (label use of all areas) d. elevations e. electrical, mechanical, & plumbing plans f. detail sheets (structural) g. cross section details 6. show compliance with Title 24/Accessibility (disabled access) i. a plan check deposit fee will be required upon submittal of plans. Call Development Services (plan check) 909-384-5071 for amount. 2. The title sheet of the plans must specify the occupancy classification, type of construction, if the building has sprinklers, & the current applicable codes. 3. The person who prepares them must sign the plans. Also, provide the address & phone number of that person. Some types of occupancies require that the plans are prepared, stamped, and signed by an architect, engineer, or other person licensed by the State of California. 4. For structures that must include an engineers design, provide 2 sets of stamped/wet signed calculations prepared by a licensed architect/engineer. 5. Provide 2 sets of Title 24/Energy compliance forms and calculations. Some compliance forms are required to be printed on the plans. 6. Submit grading, site, and/or landscape plans to Public Works/Engineering for plan check approval and permits. For more information, phone 909-384-5111. 7. Fire sprinkler plans, fires suppression system plans, etc., shall be submitted to the Fire Department for plan check approval and permits. For information, phone 909-384-5388. 8. Signs require a separate submittal to the Planning Division for plan check approval and permits. For information, phone 909-384-5057. 9. Restaurants, food preparation facilities, and some health related occupancies will require clearances and approved plans from San Bernardino County Health Department. For information, phone 909-387-3043. " 10. Occupancies that include restaurants, car washes, automotive repair/auto body, dentist offices, food preparation facilities or processing plants, etc. may require approvals and permits from San Bernardino Water Reclamation. For information, phone 909-384-5141. 11. An air quality permit may be required. Contact South Coast Air Quality Management Division for information, phone 909-396-2000. 12. State of California Business & Professions Code/Contractors License Law requires that permits can be issued to licensed contractors or owner-builders (that are doing the work). Contractors must provide their State license number, a city business registration, and workers compensation policy carrier & policy number. Owner-builders must provide proof of ownership. NOTE: PLAN CHECK TIME ON THESE TYPES OF PROJECTS IS APPROXIMATELY 3-4 WEEKS FOR 1~ CORRECTIONS. EXPEDITIOUS REVIEW IS APPROXIMATELY 10 WORKING DAYS. THE DEVELOPMENT REVIEW PROCESS IS NOT THE BUILDING ' PLAN CHECK AND DOES NOT IMPLY THAT THE DESIGN AS SUBMITTED WILL BE APPROVED WITHOUT CORRECTIONS. STANDARD REQUIREMENTS DEPARTMENT OF DEVELOPMENT SERVICES/PUBLIC WORKS DIVISION CASE NO: C.U.P. No. 02-18 DESCRIPTION: Construct 3-Story Student Housing (DP III 01-26) Building APPLICANT: American Campus LOCATION: South Easterly Corner of Northpark Blvd -Titan LLC and University Parkway ? NOTE TO APPLICANT: Where separate Engineering plans are required, the applicant is responsible for submitting the Engineering plans directly to the Engineering Division. They maybe submitted prior to submittal of Building Plans. 1. Drainaue and Flood Control a) All necessary drainage and flood control measures shall be subject to requirements of the City Engineer, which may be based in part on the recommendations of the San Bernardino County Flood District. The developer's Engineer shall furnish all necessary data relating to drainage and flood control. b) A permit will be required from the Department of Transportation and Flood Control if any work is required within the Flood Control District's right-of- way. c) A local drainage study will be required for the project. Any drainage improvements, structures or storm drains needed to mitigate downstream impacts or protect the development shall be designed and constructed at the developer's expense, and right-of-way dedicated as necessary. d) All drainage from the development shall be directed to an approved public drainage facility. If not feasible, proper drainage facilities and easements shall be provided to the satisfaction of the City Engineer. e) If site drainage is to be outletted into the public street, the drainage shall be conveyed through a parkway culvert constructed in accordance with City Standard No. 400. Conveyance of site drainage over the Driveway approaches will not be permitted. Page 1 of 9 8/30/2002 STANDARD REQUIREMENTS DEPARTMENT OF DEVELOPMENT SERVICES/PUBLIC WORKS DIVISION CASE NO: C.U.P. No. 02-18 DESCRIPTION: Construct 3-Story Student Housing (DP III 01-26) Building APPLICANT: American Campus LOCATION: South Easterly Corner of Northpark Blvd_ -Titan LLC and University Parkway f) Applicant shall mitigate on-site storm water discharge sufficiently to maintain compliance with the City's NPDES Storm Water Discharge Permit Requirements. A "Notice of Intent (NOI)" shall be filed with the State Water Quality Control Board for construction disturbing 5 acres of more of land. g) The City Engineer, prior to grading plan approval, shall approve an Erosion Control Plan. The plan shall be designed to control erosion due to water and wind, including blowing dust, during all phases of construction, including graded areas which are not proposed to be immediately built upon. 2. Gradinu and Landscaping a) If more than 1' of fill or 2' of cut is proposed, the site/plot/grading and drainage plan shall be signed by a Registered Civil Engineer and a grading permit will be required. The grading plan shall be prepared in strict accordance with the City's "Grading Policies and Procedures" and the City's "Standard Drawings", unless otherwise approved by the City Engineer. b) If more than 5 trees are to be removed from the site, a tree removal permit conforming to the requirements of Section 19.28.090 of the Development Code shall be obtained from the Department of Development Services-Planning Division prior to issuance of any grading or site development permits. c) If more than 5,000 cubic yards of earthwork is proposed, a grading bond will be required and the grading shall be supervised in accordance with Section 7012(c) of the Uniform Building Code. Page 2 of 9 8/30/2002 STANDARD REQUIREMENTS DEPARTMENT OF DEVELOPMENT SERVICES/PUBLIC WORKS DIVISION CASE NO: C.U.P. No. 02-18 DESCRIPTION: Construct 3-Story Student Housing (DP III 01-26) Building APPLICANT: American Campus LOCATION: South Easterly Corner of Northpark Blvd -Titan LLC and University Parkway d) If more than 1,000 cubic yards of earth is to be hauled on City Streets then a special hauling permit shall be obtained from the City Engineer. Additional conditions, such as truck route approval, traffic controls, bonding, covering of loads, street cleaning, etc. may be required by the City Engineer. e) An on-site Improvement Plan is required for this project. Where feasible, this plan shall be incorporated with the grading plan and shall conform to all requirements of Section 15.04-167 of the Municipal Code (See , "Grading Policies and Procedures"). f) A refuse enclosure constructed in accordance with City Standard Drawing No. 508. The minimum size of the refuse enclosure shall be 8 feet x 15 feet, unless the Public Services Department, Refuse Division, approves a smaller size, in writing. g) Retaining walls, block walls and all on-site fencing shall be designed and detailed on the On-site Improvement Plan. This work shall be part of the On-site Improvement permit issued by the City Engineer. h) This project is located in the "High Wind Area". Therefore, all free standing walls and fences shall be designed for a minimum wind load of 23 pounds per square foot of vertical surface, unless a lower value is approved by the City Engineer. i) The on-site improvement plan shall include details of on-site lighting, including light location, type of poles and fixtures, foundation design, conduit location and size, and the number and size of conductors. Photometry calculations shall be provided which show that the proposed on-site lighting design will provide 1foot-candle of illumination uniformly distributed over the surface of the parking lot during hours of operation and 0.25 foot-candles security lighting during all other hours. Page 3 of 9 8/30/2002 STANDARD REQUIREMENTS DEPARTMENT OF DEVELOPMENT SERVICES/PUBLIC WORKS DIVISION CASE NO: C.U.P. No. 02-18 DESCRIPTION: Construct 3-Story Student Housing (DP III 01-26) Building APPLICANT: American Campus LOCATION: South Easterly Corner of Northpark Blvd -Titan LLC and University Parkway j) The design of on-site improvements shall also comply with all requirements of The California Building Code, Title 24, relating to handicap parking and accessibility, including retrofitting of existing building access points for handicap accessibility, if applicable. k) A handicap accessible path of travel shall be provided from the public way to the building entrance. All pathways shall be concrete paved and shall provide a minimum clear width of 4 feet. Where parking overhangs the pathway, the minimum paved width shall be 6 feet. I) Where the handicap accessible path of travel crosses drive aisles, it shall be delineated by striping or textured/colored concrete pavement. m) The project Landscape Plan shall be reviewed and approved by the City Engineer prior to issuance of a grading permit. Submit 5 copies to the Engineering Division for Checking. n) The public right-of-way, between the property line and top of curb (also known as "parkway") along adjoining streets shall be landscaped by the developer and maintained in perpetuity by the property owner. Details of the parkway landscaping shall be included in the project's on-site landscape plan, unless the parkway area is included in a landscape maintenance district, in which case, a separate landscape plan shall be provided. o) A Landscape Maintenance District shall be implemented to maintain landscaping within the following areas: Northpark Boulevard. p) Separate sets of Landscape Plans shall be provided for the Landscape Maintenance District. q) An easement and covenant shall be executed on behalf of the City to allow the City to enter and maintain any required landscaping in case of Page 4 of 9 8/30/2002 STANDARD REQUIREMENTS DEPARTMENT OF DEVELOPMENT SERVICES/PUBLIC WORKS DIVISION CASE NO: C.U.P. No. 02-18 DESCRIPTION: Construct 3-Story Student Housing (DP III 01-26) Building APPLICANT: American Campus LOCATION: South Easterly Corner of Northpark Blvd -Titan LLC and University Parkway owner neglect. The Real Property Section for execution by the property owner and shall ensure that, if the property owner or subsequent owner(s) fail to properly maintain the landscaping, the City will be able to file appropriate liens against the property in order to accomplish the required landscape maintenance. A document processing fee in the amount of 200.00 shall be paid to the Real Property Section to cover processing costs. The property owner, prior to plan approval, shall execute this easement and covenant unless otherwise allowed by the City Engineer. 3. Utiliities a) Design and construct all public utilities to serve the site in accordance with City Code, City Standards and requirements of the serving utility, including gas, electric, telephone, water, sewer and cable TV (Cable TV optional for commercial, industrial, or institutional uses). b) Backflow preventers shall be installed for any building with the finished floor elevation below the rim elevation of the nearest upstream manhole. c) Sewer main extensions required to serve the site shall be constructed at the Developer's expense. A sewer lift station or gravity sewer system will be required and shall be designed per City sewer policy and procedure to the satisfaction of the City Engineer. d) This project is located in the sewer service area maintained by the City of San Bernardino therefore, any necessary sewer main extension shall be designed and constructed in accordance with the City's "Sewer Policy and Procedures" and City Standard Drawings. e) Utility services shall be placed underground and easements provided as required. Page 5 of 9 8/30/2002 STANDARD REQUIREMENTS DEPARTMENT OF DEVELOPMENT SERVICES/PUBLIC WORKS DIVISION CASE NO: C.U.P. No. 02-18 DESCRIPTION: Construct 3-Story Student Housing (DP III 01-26) Building APPLICANT: American Campus LOCATION: South Easterly Corner of Northpark Blvd -Titan LLC and University Parkway f) A street cut permit, from the City Engineer, will be required for utility cuts into existing streets where the street is not being repaved as part of the required improvements. g) Existing Utilities which interfere with new construction shall be relocated at the Developer's expense as directed by the City Engineer, except overhead lines, if required by provisions of the Development Code to be undergrounded. See Development Code Section 19.20.030 (non- subdivisions) or Section 19.30.110 (subdivisions). h) Sewers within private streets or private parking lots will not be maintained by the City but shall be designed and constructed to City Standards and inspected under a City On-Site Construction Permit. A private sewer plan designed by the Developer's Engineer and approved by the City Engineer will be required. This plan can be incorporated in the grading plan, where practical. 4. Street Improvement a) All public streets within and adjacent to the development shall be improved to include combination curb and gutter, paving, handicap ramps, street lights, sidewalks and appurtenances, including, but not limited to traffic signals, traffic signal modifications, relocation of public or private facilities which interfere with new construction, striping, shall be accomplished in accordance with the City of San Bernardino "Street Improvement Policy" and City "Standard Drawings", unless otherwise approved by the City Engineer. Street lighting, when required, shall be designed and constructed in accordance with the City's "Street Lighting Policies and Procedures". Street lighting shall be shown on street improvement plans except where otherwise approved by the City Engineer. Page 6 of 9 8/30/2002 STANDARD REQUIREMENTS DEPARTMENT OF DEVELOPMENT SERVICES/PUBLIC WORKS DIVISION CASE NO: C.U.P. No. 02-18 DESCRIPTION: Construct 3-Story Student Housing (DP Ifl 01-26) Building APPLICANT: American Campus LOCATION: South Easterly Corner of Northpark Blvd -Titan LLC and University Parkway b) For the streets listed below, dedication of adequate street right-of way (R.W.) to provide the distance from street centerline to property line and placement of the curb line(C.L.) in relation to the street centerline shall be as follows: Street Name Riuht of Wav(ft.l Curb Linelft) Northpark Boulevard Existing Existing c) Construct Driveway Approaches per City Standard No. 204, Type II, including Handicap by-pass. Remove existing driveway approaches that are not part of the approved plan and replace with full height curb & gutter and sidewalk. 7. Required Engineering Permits a) Grading permit (If applicable). b) On-site improvements construction permit (except buildings -see Development Services-Building Division), including landscaping. c) Off-site improvements construction permit. 8. Apalicable Engineering Fees' a) Plan check and inspection fees for off-site improvements - 4% and 4%, respectively, of the estimated construction costz of the off-site improvements. All Fees aie subject to change without notice. Page 7 of 9 8/30/2002 STANDARD REQUIREMENTS DEPARTMENT OF DEVELOPMENT SERVICES/PUBLIC WORKS DIVISION CASE NO: C.U.P. No. 02-18 DESCRIPTION: Construct 3-Story Student Housing (DP 11101-26) Building APPLICANT: American Campus LOCATION: South Easterly Corner of Northpark Blvd -Titan LLC and University Parkway b) Plan check and inspection fees for on-site improvements (except buildings - See Development Services-Building Division) - 2% and 3%, respectively, of the estimated construction costa of the on-site improvements, including landscaping. c) Plan check and inspection fees for grading (If permit required) -Fee Schedule available at the Engineering Division Counter. d) Drainage fee in the approximate amount as follows based on $0.455 per square foot for the first 3,000 square feet of impervious lot are (estimated as 85% of the net lot area), then $0.156 per square foot of remaining impervious lot area or fraction thereof: e) Traffic system fee in the estimated amount of $43,736.68. Based on 2,410 trips per day @ $18.1148 per new trip generated by the project. The City Traffic Engineer shall determine exact amount at time of application for Building Permit. f) A portion of the Traffic Systems Fee paid for this commercial/industrial project can be credited tot he initial developer based on the actual cost of installation of the new traffic signal new traffic signals or upgrade of existing traffic signals for the mitigation of traffic related conditions identified in the project review process and required as part of the approved development. See Resolution No. 88.140. g) Sewer Connection fee in the approximate amount as follows based on $257.70 per 3,000 square feet or fraction thereof: $2,577.00 ZEstlmated Construction Cost for Off-Site Improvements !s based on a list of standard unit prices on file with the Public Works Division. ' Estimated Construction Cost for On-Site Improvements is based on a list ofstandard unit prices on file with the Public Works Division. Page 8 of 9 8/30/2002 STANDARD REQUIREMENTS DEPARTMENT OF DEVELOPMENT SERVICES/PUBLIC WORKS DIVISION CASE NO: C.U.P. No. 02-18 DESCRIPTION: Construct 3-Story Student Housing (DP III 01-26) Building APPLICANT: American Campus LOCATION: South Easterly Corner of Northpark Blvd -Titan LLC and University Parkway h) Sewer Connection fee in the approximate amount as follows based on $322.86 per bedroom. 7. Additional Requirements -General a) The project will be responsible for 100% of the design and construction of an actuated traffic signal at their driveway and Northpark Blvd. The configuration of the signal and the intersection geometry can be addressed at a later time. b) The proposed driveway, which is opposite from an existing Cal-State access (Serrano Village), should be designed as four lane wide and have adequate stacking distance. Page 9 of 9 8/30/2002 City of San Bernardino Public Services Department -Refuse & Recycling Division Standard Requirements for Commercial & /ndustria/ Deve%pment I Project Number: DP III 01-26 Project Planner: Joe Bellandi Review Date: 12.20.2001 Project Description/Business Name: 480 student housing units -commercial retail -restaurant Project Location/Address: APN0266-115-IS Service Account Reviewed By: Michelle Dyck-Turner a-mail: dyck-turner_mi@ci.san-bernardino.ca.us Phone: 909.384.5549 #3162 Collection Services ® I. The collection or transportation of refuse, recyclable discards, or green waste from any commercial and industrial ~ locations within the City shall be provided by the City of San Bernardino Public Services Department unless otherwise franchised or permitted. [MC § 6.24.140] ® 2. New accounu require a completed Service Application, with a full deposit and a copy of manuals for all compactor units, returned to the City of San Bernardino Refuse & Recycling Division prior to issuance of the final Certificate of Occupancy. ® 3. All refuse containing garbage, such as food, vegetable, or animal wastes, shall be removed at least twice weekly, and all other solid wastes shall be removed a[ least once weekly. [SB County Health, Sanitation and Animal Regulations § 33.083] ® 4. All commercial establishments generating 6 cubic yards or more of solid waste per week shall establish City recyding services for maximum diversion within 30 days of opening business, or establish an alternative diversion program to be identified in the IWM Survey for the project. Automated Cart Service to Nonresidential Facilities ? 5. Nonresidential establishments such as small offices, shops, meeting halls, or churches, which generate 2 cubic yards or less of non-bulky waste per week and are located on the same side of a residential block receiving automated cart service shall meet residential rather than commercial requiremenu. Service Vehicle Access ® 6. Projects must have a minimum drive aisle width of 16 fee[, vertical traveling clearance of 14 feet, 20-foot service clearance at enclosure or compactor pad, a minimum 40fioot straight and level approach to enclosure or compactor pad, and a minimum radius of 43 feet for all drive [urns along the main ingress to and egress from enclosures. These requirements sha//no[ limit requirementr for Fire vehic/e access 7. Property without through access shall incorporate at least one of the following designs: • A cul-de-sac with a 43-foot turning radius fora 32-foot vehicle length • A hammerhead turn with a 43-foot turning radius fora 32-foot vehicle length Gated Access ® 8. Gated properties that are locked and unmanned on service days anytime between the hours of 5 AM and 5 PM Monday through Saturday shall provide access code or key to Public Services. Rolloff Compactor Units ? 9. Sealed compactor units dedicated separately to refuse and recyclables may be required to be installed at facilities with an anticipated waste generation of 60 uncompacted cubic yards per week ? 10. Rolloff compactor units must be installed according to manufacturer's and City Engineering specifications with the compactor hopper and roll-off box on a concrete slab with a minimum 3-foot continuously paved perimeter for safe access. ? 11. Roll-off boxes at locations receiving City service must meet City rail and hook specifications per City Engineering Standard 510. Boxes shall be designed with disposal end opposite hook-up; boxes with same-side design may be subject to a roll-back charge. ? 12. Compactor equipment shall be screened from view of public right-of--way by materials compatible with building architecture and landscaping as specified by City of San Bernardino Development Code. [MC § 19.20.030 i21 ? I3. Location, orientation, and dimensions of enclosures, enclosure gates, pedestrian entry, compactor pads, and compactor screening, shall be shown on site plans and labeled that construction shall meet City Engineering Standards, MD/PS 6.30.01 Public Services Department -Refuse & Recycling Division Standard Requirements for Commercial & Industrial Development Project No. DP III O 1-26 12.20.2001 Page 2 of 2 Front-load Bin Enclosures & Access ® 14. Minimum double-wide enclosures of 8 feet by 15 feet shall be required for all development to allow for dedicated ! recycling bins, except where potential waste generation or space is restricted. [Specifications adopted in ~ accordance with Model Ordinance as required by CA PRC §4291 1] ® 1 S. Front-load compactor units must be contained in an enclosure large enough to hold the unit and one additional bin facing lengthwise. ® 1 b. Front-load bin and compactor enclosures must be constructed according to City Engineering Standard 508. Rear or side pedestrian entry shall be provided on enclosures for all multi-unit residential development. Pedestrian entry on free-standing enclosures shall have a 4foot width, no gate or door, and an 'L' shaped block screen the same height of the enclosure. ® 17. Pedestrian access from building exit [o bin enclosure shall be a minimum 4 feet wide and continuously paved, without crossing curbs, steps, or driveways. ® 18. Enclosure pads shall be level to restrict bins from drifting and designed for proper drainage of surtace water. ® 19. Enclosures must be at least 5' from combustible walls, eave lines, or openings. [98 CA Fire Code § 1103.2.2] ® 20. Only refuse bins and the contents therein for disposal may be stored in refuse enclosures. All other equipment, fixtures, and materials such as electrical panels, circulation or exhaust ducts or vents, grease bins, or surplus supplies are strictly prohibited. ® Z I. Enclosures shall be buffered with landscaping when viewable from public rightof--way, and vegetation shall not restrict gates or exceed height of enclosure. Include vegetation on landscape plans. ® 22. Enclosures shall be located with gates aligned for straight access for service vehicles. ® 23. Enclosures shall not obstruct drive aisles, driveways, loading zones, parking, handicap access, or visibility of cross- [rafficfrom drive aisles, alleys, or streets. Location shall not cause service vehicle to block access drives during while bins are being serviced. ® 24. Enclosure gates shall not open into drive aisles, parking spaces, or walkways. Enclosures placed adjacent to parking shall be separated by a minimum 2-foot wide curbed area out to the farthest point of both gates, and designed to safely restrict gates from opening into parking spaces or landscaped areas.. ® 25. Location, orientation, and dimensions of enclosures, enclosure gates, and pedestrian entry, shall be shown on site plans and labeled that construction shall meet City Engineering Standards. Multi-unit Dwellings ® 26. Commercial requirements shall apply to all multi{rnit dwellings over 8 units, unless otherwise approved. ® 27. Disposal chutes incorporated into multi-story buildings must have dedicated chutes for refuse & commingled recyclables. Both chutes shall be clearly and permanently labeled at each chute opening and exit. [Specifications adopted in accordance with Model Ordinance as required by CA PRC §42911 ] Integrated Waste Management Survey ? 28. Applicant shall submit an Integrated Waste Management Survey for each of the activities marked below with the initial application to Planning for approval by the Public Services Department Refuse and Recycling Division prior to issuance of permits for each activity. The information contained in the Survey as well as any related comments and mitigation provided by Public Services shall be summarized in the Initial Study and EIR if required for the project under CEOA ? Demolition & Site Preparation ? Construction /Renovation ? Business Operations or Event Additional Requirements or Recommendations Aplicant shall contrud a minimum of one double-wide enclosure 8' x 1 S' for every two resident buidlings, with convenient access to residents. Restaurant and commercial retail buildings shall have dedicated double-wide enclosures 8' x 15' each with straight access. MD/PS 8.30.OI E"Pn; 1.GG 1-C77 SAN BrsItNARDINO MUMCIPAL WATER DEPAk_..IENT STANDARD REQUIItEMENTS Review of P~lans: t - / /•-~~ Date Compiled: Owner/Davelopge~~g/17 A~X~~((~. ~=Tf~,l/~~ j ~ C~o~mpil~.edf}BC'y~~ ~ UN/Number of Units: T of Pro'ect a~ YPe 1 Location: ,rfL~/Q~+C OF' ~n/~il .r6'C_r~~ WA R DEP R NT .N .I IN Contact: .~~/h YE Phone:.9$~l-5~8.~ Fax: 38y .S.S~~ Note: All Water Services are Subject to the Rules & Regulation of the Water Deportment. ) (Size of Main Adjacent the Project: /~o~'GL it/P sir /d (1,~7r ~~~' Approximate Water Pressure: lA~ Elevation of Water Stooge: -1Q~d , Hydrant Flow ®20 pei: Type, Size, Location, and Distance to Nearest Ftra Hydrmt: ~ ~/ TaI]o< ~~r9' ? Prasaure Re6ndator Required on Customer's Sido on the Mater. ? Off-site Water Facilities Requiracl. ? Area Not Served by San Benuudino Municipal Water Department. Comments: ~ Hof l~4 s /~...~ f st~~fwo ~,.t o6~~t,.-~'.,_.. ~/~rT JRr-t ~ Q-~.~-o~~ c, Gv s f S _ WATER QUALITY CONTROL: Contact: ~~/8'+79 Phone: ~'u 579 Fax: 38~1-55~3~ R.P.P. BackFlow Device Required at Service Connection. FA4 DOA7EST/~ ~jQ$5G5 Double Check Backflow Device Required at Service CoruJection. ~p,Q /~q/(pi!%7b~/~/iQE ~~V~~~ ~Backllow Device to iJe Inspected Before Water Sarvica can be Activated. O No Backflow Device Required at This Time. FNViRONl1gNTAL CONTROL./INDUSTRIAI. WAS7'F: Contact: ~~~/~. ~~~'j~/t[L. Phorte: 38~ S~g-~ Faz: 3$y'$o'7~~' Note: No Brice Regenerative Water Softeners May be Installed, Unless Holding and Haulutg is Provided for the Brine. All Interceptors will be a 1200 Gallon Capacity with a Sample Box Included. .~~'4V~r ~~m~. ~/~CIrTlDxJ ~1~ ? Ldustrial Waste Pemut Required. ? Grease Interceptor Required. ? Sand/Oil Interceptor Required. ? No Issues at this Time. ? Pre-treahnent Required. _ SEWER CAPACITY INFORMAT Contact: ~]t5L TCJ/Y15S.t1 Phone: ~~~p_ ~ Fax: ;~Sy-~ /~ Note: Proof of Payment Must be Subnutted to the Building & Safety Department Prior to Issuance of the &tilding Permit. O No Sewer Capacity Fee Applicable at This Tune. ~/~ ewer Capacity Fee Must Be Paid to the Water Department for G Ions Par Day, Equiva/le-nt Dwelling Units: Subject to Recalculation of Fee Prior to the Issuance of Building Penttit. ~~~~~~t~~n^/) l Breakdown of Estinvttecl Gallons P~er,,Da}y: //`~~ k~ 6 _/eZ~d oZJrf yW s aqu. Kra'^ `rf.Td.'~~Q,~'~'~'/111~1G~ t7h dliOMrSfUA STD0.EQl~IJ.FRM 1'_ro'11 ~ ~A~ "~~`';i !"ik ~3~.N E3EF~NARDINO FIRE nEPARTMERJT 5TANDARD REC~UIREMENTS c.i, rte(. Z~ Dtrir. `7- I£J- Z Hevlewetl Eiy C~~J] •-y NEFIAL RtOUIREMENTS: + nrnui: one adda+onal set of cunslructiw+ plane to Building and Safety for Fire Deparmenl use at Ume of plan check, r-~r.- v ~/ Lont:..:t th:: i ny „f ,an Bernardino Fua Department at (909) 384.5388 for Specifie detailed requirements. A2 ~~J~ J~ri'J~ J JJ ~jF/!A The developer mall promde for adequate fire flow. Minimum fue flow requiroments shall tie based on square footage, construction features, antl exposure I mformat+:m supplied by the deg einpe~ a~ ~il must ha available Drier to placiny combustible materials on site. W(AJER PURVEYOR FOR FIRE PROTECTION: L[~ J(-The fire Drotecion water service icr the area of this project is providetl by: ? San Bemardino Muniapal Water Department-Engineering (909) 384-5391 ? East Valley Water Distncf--Engmuenng (909) BBB-8988 ? Other Water purveyor. Phone: P LIC FIRE PROTECTION FACILITIES: Public fire hydrants a: reyu:.rca along streets at intervals not to exceed 300 feel for commercial and multi-residential areas and al intervals not to exceed 500 feet for residential areas Fire hydrant minimum rlow rates of 1,500 gpm at a 20 psi minimum residual pressure are required for commercal and multi-residential areas. Minimum fire hydrant flow rates of LOCO qpm ar a 20 psi minimum residual pressure are required for residential areas. Fire hydrant type and spacif:c +ccal+on shall be jointly determined by the City of San Bernardino Fire Department in conluncucr. vnth the water purveyor. Fire hydrant materials and mstaliauon shall conform to the standards end spec8icationa of Me water purveyor. Public Lire hydrants, fire semcns, and public water faciltties necessary to meet Fire Department requirements are the devebper's financial responsibility and shall be installed Dy the water purveyor or by the developer at the water purveyor's tliacrellon. Contact the water purveyor indicated abovo for additional information. C ESS: Provide two separate, dedicated mutes of ingress/egress to the properly entrance. The routes shall be paved, all weather. Provide err access road to each building for fire apparatus. Access roadway shall have en elFweather driviny sudace of not less than 20 feet of unob- structed width. ? Extend roadway to within 150 feet of all portions of the eztenor wall of all single story buildings. ? Extend roadway to within 50 feet of the exterior wall of all multiple-story buildings. Provide "NO PARKING" signs whenever parking of vehicles would possible reduce the clearence of access roadways to less than the required width. Signs are to read "FIRE LANE-NO PARKING-M.C. 9ac. 15.16'. ? Oead-erxl streets shalt not exceed 500 feet in length end shall have a minimum 401oot radius fumaround. ? The names of any new streets (public or private) shall be submttted to the Fire Department for approval. All access roads and streets are to be constructed and usable prior to rxxnbustible construction. Private fire hydrants shall be installed to protect each building ktceted more Man 150 feet tram BIe curb line. No fire hydrants sMuW be within 40 feet of any extanor wall. The hydrants slta8 be Wet Bawl type, with one 2'h Inch and 4 inch outlet, antl approved by the Fire DepertmeM. Areas adjacent to fire hytlrentc shall be designated as a "NO PARKING' mite by painting an 8 Inch wide, red stripe for 151ee1 in each direction in front of the hydrant in such a manner Mat N will not l>e blacked by parked vehices. Lettering to be in white 8" by ri". B LDINGS: Address numerals shall be installed on the buildup at Me front or other approved location in such a manner as to be visible from the frontage street. Com- mercial end multi family address numerals shalt be 6 inches tall, single family address numerals shall be 4 inches tall. The color of Me numerals shall con- trast with the copr of the background. Identity each gas and electric meter with the number of the unit it serves. Fire extinguishers must be installed prior to Me building being occupkd. The minimum rating for any fire ex8rpuisher is 2A lOBlC. Minimum distribution of lire eztingukhere must be such Mat no infector pad of the building is over 75 feet irevel distance from a lire exdnguicher. Apartment houses wiM 18 or more units, hotels (motels) wIM 20 or more units, or apartmems or hotels (motels) three stodea or more in height shall be equipped with automatk: fire spdnklere designed to NFPA standard. All bu8dinga, over 5,000 square feet, shall be equipped with an automatic Ilre sprtnker system designed to NFPA standards. This Includes existing buildings ecaM over 3&5 days. Submit plant for the fire protection system to the Fire Department pdor to beginning constrocion d Me system. Penntt required. ? Tenant Improvements M all sprinklered buildings are to be a~roved by the Fire Department pdor to start of eonstroction. Penntt required. Provide fire alarm (requiretl throughout). Plans must ba approved by the fire Department pdor to stag of installation. Permit required. Fire Department conrtecbon to sprkikler system/alandpipe system, shall be required at Flre Department approved locetbn. ire Code Pomttt required. Fire Spdnlder mortittoring required. Plans must be approved by the Fire Department prbr to the start of construction. Pertntt required. Note: The applicam must request, in wd8ng, any changes toCF.l~re Department requirements. ~7 ADD~ITI(O~NAL INFORMATION: ~~/(,q/yu F',j-~(j ~"7t'y\ /~ C~J ~/[~~ -{-~ - --- --~ t- CITY OF SAN BERNARDINO FIRE DEPARTMENT STANDARD REQUIREMENTS Case: DP-~i ni-L~ Date: ~ 2, / Reviewed By: ~~~E-fI4 ~ibCc-rN' PI~.~K C~`~tt~FV-I~TY GENERAL REQUIREMENTS: ? Provide one additional set of construction plans to Building and Safety for Fire Department use at time of plan check. ? Contact the City of San Bernardino Fire Department at (909) 384-6388 for specific detailed requirements. ? The developer shall provide for adequate fire flow as computed by the Fire Prevention Bureau. Minimum fire flow requirements shall be based on square footage, construction features, and exposure information supplied by the developer and 1.454 be available odor to placing combustible materials an site. WATER PURVEYOR FOR FIRE PROTECTION: ? The fire protection water service for the area of this project is provided by: ? San Bernardino Municipal Water Department -Engineering 19091 3845391 ? East Valley Water District -Engineering (909) 888-8986 ? Other Water Purveyor: Phone: PUBLIC FIRE PROTECTION FACILITIES: ? Public fire hydrams are required along streets at intervals not to exceed 300 feet for commercial and multi-residential areas and at intervals not to exceed 500 feet for residential areas. ? Fire hydrant minimum flow rates of 1,500 9pm at a 20 psi minimum residual pressure are required for commercial and multi-residential areas. Minimum fire hydrant flow rates of 1,000 gpm at a 20 psi minimum residual pressure are required for residential areas. ? Fire flow requirements may be met from the combined flaw of two adjacem fire hydrants. Fire flow requirements may be adjusted, as deemed appropriate by the Fire Department, based on individual site specific conditions and available mitigations. ? Fire hydrant type and specific location shall be jointly determined by the City of San Bernardino Fire Department in conjunction with the water purveyor. Fire hydrant materials and installation shall conform to the standards end specifications of the water purveyor. ? Public fire hydrants, fire services, and public water facilities necessary to meet Fire Department requirements are the developer's financial responsibility end shall be installed by the water purveyor or by the developer at the water purveyor's discretion. Contact the water purveyor indicated above for additional information. ACCESS: ? Provide two separate, dedicated routes of ingress/egress to the property entrance. The routes shall be paved, all weather. ? Provide an access road to each building tar fire apparatus. Access roadway shall have en all-weather driving surface of not less than 20 feet of unobstructed width. ? Extend roadway to within 150 feet of all portions of the exterior wall of all single story buildings. ? Extend roadway to within 50 feet of the exterior wall of all multiple-story buildings. ? Provide "NO PARKING" signs whenever parking of vehicles would possibly reduce the clearance of access roadways to less than the required width. Signs are to read "FIRE LANE - NO PARKING - M.C. Sac 16.16". ? Dead-end streets shell not exceed 500 feet in length and shell have a minimum 40 foot radius turnaround. ? The names of any new streets (public or private) shall be submitted to the Fire Department for approval. SITE: ? All access roads and streets are to be constructed and usable prior to combustible construction. ? Private fire hydrams shall be installed to protect each building located more than 150 feet from the curb line. No fire hydrants should be within 40 feet of any exterior wall. The hydrants shall be Wat Barrel type, with one 2'/z inch and 4 inch outlet, and approved by the Fire Department. Fire hydrants shall be tlesignated as a "NO PARKING" zone by painting an 8 inch wide, red stripe for 15 feet in each direction in front of the hydrant in such a manner that it will not be blocked by parked vehicles. BUILDINGS: ? Address numerals shall be installed on the building at the front or other approved location in such a manner as io be visible from the frontage street. Commercial and multi family address numerals shall be 6 inches tall, single family address numerals shall be 4 inches tall. The cola of the numerals shall contrast with the color of the background. ? Identify each gas and electric meter with the number of the unit it serves. ? Fire Extinguishers must be installed prior to the building being occupied. The minimum rating for any fire extinguisher is 2A tOB/C. Minimum distribution of fire extinguishers must be such that no imerior part of the building is over 75 feet travel distance from a fire extinguisher. ? Apartment houses with t B or mare units, hotels (motels) with 20 or more units, or apartments or hotels (motels) three stories or more in height shall be equipped with automatic fire sprinklers designed to NFPA standards. ? All buildings, other than residential, over 5,000 square feet~ahall be equipped with an automatic fire sprinkler system designed to NFPA standards. This includes existing buildings vacant over 365 days. ? Submit plans for the fire protection system to the Fire Department prior to beginning construction of the system. ? Tenant improvements in all sprinklered buildings are to be approved by the Fire Department prior to start of construction. ? Provide fire alarm (required throughoutl. Plan must be approved by the Fire Department prior to start of installation. ? Fire Department connection to (sprinkler system/standpipe system) shall be required at Fire Department approved location. Note: The applicant must request, in writing, any changes to Fire Department requirements. / /~ A / ADDITIONALINFORMATION: ~~..1 ~-~'/~L-~-(% S j~~7~~~ r `Er/~~"' FPB 170111-901 ~ DEPARTMENT OF PUBLICWORKS . couNTroFSaeBERNanDINo ECONOMIC DEVELOPMENT FLOOD CONTROL • REGIONAL PARKS • SOLID WASTE MGMT • SURVEYOR • TRANSPORTATION '~r„ AND PUBLIC SERWCES GROUP u• eca~.•u•w+ I~ 825 East Third Street San Bernardino, CA 92415.0835 (909) 387-8104 4 ""`'' KEN A. MILLER Fax (909) 387.0130 \ ~ j Director of Public Works January 2, 2002 City of San Bernardino File: 2-364/1.00 300 North "D" Street 204.0104 San Bernazdino, CA 92418 Attention: Joe Bellandi, Senior Planner SUBJECT: ZONE 2 -DEVIL CREEK CHANNEL -GENERAL PLAN AMENDMENT NO. 01-06 AND DEVELOPMENT PERMIT III NO. 01-26 -UNIVERSITY VILLAGE STUDENT HOUSING, CSUSB Reference is made to your December 12, 2001, Agency Comment Sheet, together with accompanying plans, requesting our review and recommendations for the subject development. The site is located southeasterly of the intersection of University Pazkway and Northpazk Boulevazd, in the City of San Bernazdino. A review of our records indicates that the site is adjacent and north of Devil Creek Channel, a partially improved Flood Control District (District) facility. According to the most recent FEMA Flood Insurance Rate Map, dated Mazch 18, 1996, the site lies entirely within Zone X unshaded. Our comments aze as follows: 1. It is assumed that the City will establish adequate provisions for intercepting and conducting the accumulated drainage around or through the site in a manner which will not adversely affect adjacent or downstream properties. 2. A minimum 50-foot building setback margin shall be provided outside the Flood Control District's right of way. 3. A 6-foot reinforced concrete block wall or other District approved bazrier shall be constructed along the District's right of way adjacent to the site. 4. Prior to any encroachment on District right of way, a permit must be obtained from the District's Flood Control Operations Division, Permit Section. Other on-site or off-site improvements may be required which cannot be determined at this time. If you have any questions, or if you need additional information, please call Marylou Mermilliod at (909)387-8213. Sincerely, MICHAEL J. FOX, P.E., Chief Water Resources Division MJF:MLM:AF:bf ID#15732 _ ,'. '~ .:..'.. ~ t , . ~ . . , _ . EXHIBIT 7 AGREEMENT THIS AGREEMENT is made and entered into as of the 23rd day of August, 2002 (the "Execution Date") by and between The Board of Trustees of the Califomia State University, an agency of the State of Califomia acting as the State of California in its higher education capacity ("CSU") and American Campus-Titan, LLC, a Delawaze limited liability company ("ACT"). RECITALS A. ACT has entered into an agreement to purchase approximately 12 acres of land located at the comer of University Parkway and Northpazk Boulevard in San Bemardino, California (the "Pazcel"). The Parcel is more fully described in Exhibit A hereto. B. ACT proposes to develop in two phases up to a 480 bed off campus student housing project (the "Project") on approximately 8.5 acres of the Parcel (the "Property"). The Property is depicted in Exhibit B hereto. The portion of the Pazcel which is not included within the Property is hereinafter referred to as the "Commercial Site." The Commercial Site is also depicted in Exhibit B hereto. C. ACT and CSU desire to enter into an agreement which will define the rights and obligations of ACT and CSU with respect to the development, purchase and sale and operation of the Property and the Project and with respect to the purchase and sale of the Commercial Site. NOW, THEREFORE, in consideration of the foregoing premises and the mutual covenant of the parties set forth herein, IT IS HEREBY AGREED AS FOLLOWS: DEFINITIONS The following terms shall have the meanings ascribed to them in the sections listed below: Defined Term Section ACC Section 4(f) ACT The Introductory Paragraph Appointment Period Section 2(c) Appraisals Section 2(c) Appraisers Section 2(c) Closing Conditions Section 3(a) Closing Date Section 3(fJ Closing Documents Section 3(h) Closing Period Section 3(a) Commercial Site Recital B T-\CSU -San Bemardino\Univttsity\Randi\OPT-AFF AGREEMENTv U2.doc Commercial Site Exercise Notice Section 7(a) Commercial Site Offer Notice Section 7(b) Commercial Site Option Section 7(a) Commercial Site Purchase Price Section 7(b) Construction Commencement Date Section 4(g) CSU The Introductory Paragraph CSU Inspector Section 1(b) Design Dispute Section 1(b) Development Approvals Section 1(b) Development Rights Section 2(c) Dispute Resolution Period Section 1(b) Due Diligence Objection Notice Section 3(b) Due Diligence Response Notice Section 3(b) Expiration Date Section 5(a) Execution Date The Introductory Paragraph First Extension Notice Section 3(d) First Extension Period Section 3(d) Imputed Equity Interest Section 5(f) Management Agreement Section 4(f) Maximum Project Purchase Price Section 2(d) Minimum Project Purchase Price Section 2(d) Modified Project Offer Notice Section 5(b) Negotiation Period Section 2(d) Occupancy Threshold Section 5(f) Pazcel Recital A Phase I Section 1(a) Phase I Condition Section 1(a) Phase II Section 1(a) Plans and Specifications Section 1(b) Project Recital B Project Exercise Notice Section 2(b) Project Offer Notice Section 5(b) Project Option Section 2(a) Project Option Commencement Notice Section 2(b) Project Option Period Section 2(b) Property Recital B Protected Period Section 5(b) Project Purchase Price Section 2(c) PTR Section 3(c) Right of First Offer Transaction Section 5(b) Second Extension Notice Section 3(d) Second Extension Period Section 3(d) Survey Section 3(c) Title and Survey Objection Notice Section 3(c) Title and Survey Response Notice Section 3(c) T:\CSU -San Bernardino\Universiry\Randi\OPRAFF AGREEMENTv112.doc .2. SECTION 1. ACQUISITION OF THE PARCEL; DEVELOPMENT AND MAINTENANCE OF THE PROJECT. (a) At its sole cost and expense, ACT shall complete the transaction involving the acquisition of the Parcel. From and after its acquisition of the Parcel, ACT shall develop the Project thereon at its sole cost and expense but subject to the terms and conditions of this Agreement. Subject to the limitations set forth herein, the Project shall be developed in two phases. The first phase ("Phase I") shall consist of 288 beds and a community center, with a tazgeted completion date of September, 2003. The second phase ("Phase II") shall consist of 192 beds and shall have a targeted completion date of one yeaz after construction commences; provided, however, that commencement of the construction of Phase I shall be subject to CSU confirming to ACT on or before September 15, 2002 that its existing student housing apartments have achieved a Fall 2002 occupancy of 90% (the "Phase I Condition"); and provided, further, that ACT shall have the right in its sole discretion to elect not to proceed with the construction of Phase II and/or to determine when to commence construction of Phase II; and provided, further, that in the event ACT has not commenced construction of Phase II within thirty six (36) months after the completion of Phase I, then for purposes of this Agreement it shall be deemed to have elected not to proceed with the construction of Phase II. In the event the Phase I Condition is not satisfied, then by written notice to CSU, ACT shall have the option to either: (i) elect to proceed with the construction of Phase I despite the failure of the Phase I Condition or (ii) elect to extend the date for the commencement of the construction of Phase I for a period of up to twelve (12) months or (iii) declaze this entire Agreement to be null and void and of no further force and effect and neither party shall have any further rights or obligations under any provision of this Agreement. (b) In furtherance of the foregoing, ACT acknowledges and agrees that it shall be responsible for securing any and all permits and approvals as may be necessary for the development of the Project (the "Development Approvals") and for the development of the plans and specifications for the Project (the "Plans and Specifications"); provided, however, given the right to purchase the Property and the Project granted to CSU under the terms of Section 2 of this Agreement, (i) the Plans and Specifications shall reflect that the Project will reflect the input of CSU, (ii) prior to the commencement of construction of each of Phase I and, if applicable Phase II, CSU shall have the right to review the development pro forma and cash flow projections for such Phase and to review and approve the Plans and Specifications, which approval shall not be unreasonably withheld or delayed and which approval shall be deemed granted if not denied in writing within fourteen (14) days after the submission to CSU of the Plans and Specifications, (iii) CSU shall, upon request, assist ACT in securing the Development Approvals including, but not limited to, appearing at public hearings and testifying in support of the Project and (iv) during the course of construction, CSU shall have the right (A) to review and approve any material modifications to the approved Plans and Specifications, which approval shall not be unreasonably withheld or delayed and which approval shall be deemed granted if not denied in writing within fourteen (14) days after the submission to CSU of any proposed material modifications to the approved Plans and Specifications, and (B) to TlCSU -San Bemardin°\University\R°ndi\OPT-AFF AGREEM ENTv U2.d« Ili -3- ' inspect the Project from time to time using a CSU certified inspector employed or engaged by CSU (the "CSU Inspector") in order to confirm that the Phase of the Project then under construction is being constructed in accordance with the approved Plans and Specifications or any approved material modifications thereto and is scheduled to be completed by the applicable targeted completion date. The fees and expenses of the CSU Inspector shall be the sole responsibility of CSU. In the event CSU disapproves in writing the Plans and Specifications or any material modifications thereto, it shall set forth the basis for its disapproval in reasonable detail (the "Design Dispute"). CSU and ACT shall negotiate in good faith for a period of ten (10) days after CSU's delivery to ACT of the description of the Design Dispute (the "Dispute Resolution Period") in an effort to resolve the Design Dispute but, if they aze unable to resolve the same within the Dispute Resolution Period, then at any time after the end of the Dispute Resolution Period either party shall have the right on written notice to the other party to terminate the Project Option, after which neither party shall have any further rights or obligations hereunder with respect to the purchase and sale of the Property and the Project or the Development Rights; provided, however, in the event ACT is the terminating party, CSU shall have the right to void such termination by withdrawing the Design Dispute or so much thereof as ACT and CSU were unable to resolve during the Dispute Resolution Period. A termination of the Project Option pursuant to this Section 1(b) shall concurrently terminate the rights and obligations of the parties under Section 7 hereof with respect to the Commercial Site Option, but shall not affect the rights and obligation of the parties set forth in Sections 4, 5, 6 or 8 hereof. (c) As and when requested, ACT shall provide CSU with updates concerning the development of the Project including the then current timeline for the receipt of the Development Approvals and/or the completion of the construction thereof, which is currently anticipated to occur by no later than the Fall of 2003 with respect to Phase I of the Project. (d) From and after completion of the Project or Phase I of the Project, as applicable, and unless and until the same is acquired by CSU pursuant to the terms of this Agreement, ACT shall, at its sole cost and expense, maintain the good and sightly appearance of the Project or Phase I of the Project and shall repair the same so that it is at all times in good condition and repair, ordinary wear and teaz excepted. SECTION 2.OPTION TO PURCHASE THE PROPERTY AND THE PROJECT; SETTING THE PURCHASE PRICE. (a) ACT does hereby grant to CSU an option to purchase the Property and the Project (the "Proiect Option") for a cash purchase price equal to the fair market value of (i) the Property and the Project, in the event both Phase I and Phase II are constructed by ACT or (ii) the Property, Phase I of the Project and the development rights and permits held by ACT with respect to Phase II (the "Development Rights") in the event Phase II is not constructed by ACT, determined in the manner set forth in this Section 2 (the "Proiect Purchase Price") and otherwise on the terms and conditions set forth herein; provided, however, the Project Option shall be null and void and of no force and effect in the event T CSU -San Bernardino\Univcrsiry\Randi\OPT-AFF AGREEM ENTv 132.doc -4- ACT is unable for any reason to acquire the Property, to secure the Development Approvals or to complete construction of the Project or Phase I of the Project, in the event ACT elects not to proceed with Phase I of the Project. (b) At any time from and after completion of Phase I of the Project until the earlier to occur of (i) the tenth (10`") day after the date on which ACT elects or is deemed to have elected pursuant to Section 1(a) not to proceed with the construction of Phase II of the Project or (ii) completion of the construction of Phase II of the Project ACT shall deliver written notice to CSU that CSU may exercise the Project Option (the "Proiect Option Commencement Notice'7. CSU shall be required to provide ACT with notice of its intent to exercise the Project Option subject to satisfaction of the Closing Conditions (as defined in Section 3(a)) by written notice to ACT (the "Project Exercise Notice") delivered within thirty (30) days after its receipt of the Project Option Commencement Notice (the "Proiect Option Period"). The Project Option shall be null and void and of no further force and effect in the event CSU fails to deliver the Exercise Notice prior to the expiration of the Project Option Period. In the event of the timely delivery by CSU of the Exercise Notice, the obligation of CSU to purchase the Property and the Project or the Property, Phase I of the Project and the Development Rights, as applicable, shall be subject to the satisfaction or waiver of the Closing Conditions. For purposes hereof, construction of Phase I or Phase II of the Project, as applicable, shall be deemed complete upon the issuance to ACT of a Certificate of Occupancy by the City of San Bernazdino, California. ACT shall not do anything to delay the issuance of the Certificate of Occupancy and shall act in good faith to secure it as promptly as practicable. (c) Within thirty (30) days after ACT's receipt of the Exercise Notice (the "Appointment Period"), each of ACT and CSU shall appoint an appraiser (the "Appraisers") who shall be instructed to determine the fair market value of the Property and the Project or the fair market value of the Property, Phase I of the Project and the Development Rights, as applicable, in accordance with this Section 2(c) and to deliver an appraisal to ACT and CSU (the "Appraisals") within thirty (30) days after his appointment setting forth his determination of the Purchase Price. The parties agree that the Appraisals shall be prepared in compliance with the Uniform Appraisal Instructions to Appraisers as set forth by FIRREA and shall conform to the current Uniform Standazds of Professional Appraisal Practice (USPAP) adopted by the Appraisal Standazds Boazd of the Appraisal Foundation. The parties further agree that the Appraisals shall be prepared using the following pro forma revenue and expense assumptions: (i) the occupancy of the Project, or the portion thereof being appraised, shall be 95% during the academic year and 30% during the summer months, (ii) the expenses of the Project, or the portion thereofbeing appraised, shall exclude real estate taxes and (iii) eight (8%) percent shall ~ be the appropriate capitalization rate to be applied to the net operating income of the Project or Phase I of the Project, as applicable, before capital reserves when detertnining the value of the Project, or the portion thereof being appraised. In the event either ACT or CSU fails to appoint an Appraiser within the Appointment Period, then the parties shall proceed using the one Appraiser appointed within the Appointment Period. T `•CSU -San Bemudino~Universi[y~Randi~OPRAFF AGREEM ENTv 1 }?.doc -5- (d) Upon receipt of the Appraisals (or one Appraisal if a party fails to appoint an Appraiser within the Appointment Period), ACT and CSU shall negotiate in good faith for a period of thirty (30) days (the "Negotiation Period") in an effort to agree on the Purchase Price; provided, however, that in the event of the sale of the Property and the Project in no event shall ACT be required to agree to a purchase price which is less than the Minimum Project Purchase Price (as hereinafter defined) nor shall CSU be required to agree to a Purchase Price which is more than the Maximum Project Purchase Price (as hereinafter defined). For purposes hereof, the "Minimum Project Purchase Price" shall be Twenty Two Million Five Hundred Thousand and no/100 Dollazs ($22,500,000), increased by .125% per month from the Execution Date to the end of the Negotiation Period and the "Maximum Project Purchase Price" shall be Twenty Four Million and no/100 Dollazs ($24,000,000), increased by .125% per month from the Execution Date to the end of the Negotiation Period. ACT and CSU acknowledge and agree that there will not be a minimum or maximum Purchase Price in the event of the purchase of the Property, Phase I and the Development Rights only. In the event ACT and CSU are unable to agree upon the Purchase Price within the Negotiation Period, then the Project Option shall be null and void and of no further force and effect neither party shall have any further rights or obligations hereunder with respect to the purchase and sale of the Property and the Project A termination of the Project Option pursuant to this Section 2(d) shall concurrently terminate the rights and obligations of the parties under Section 7 hereof with respect to the Commercial Site Option, but shall not affect the rights and obligation of the parties set forth in Sections 4, 5, 6 or 8 hereof. (e) ACT shall be solely responsible for the costs of the Appraisals. SECTION 3. PURCHASE AND SALE OF THE PROPERTY AND THE PROJECT (a) Provided CSU and ACT are able to agree upon the Purchase Price during the Negotiation Period, CSU shall have a period of one hundred and eighty (180) days after the Purchase Price is agreed upon (the "Closing Period") in which to conduct such diligence with respect to the Property and the Project or the Property, Phase I of the Project and the Development Rights, as applicable, and to secure such approvals as it deemed to be necessary or appropriate in order for it to complete its purchase of the Property and the Project or the Property, Phase I of the Project and the Development Rights, as applicable (the "Closing Conditions"). (b) In connection with the satisfaction of the Closing Conditions, by no later than thirty (30) days prior to the end of the Closing Period, CSU shall provide ACT with written notice, setting forth in reasonable detail the nature of its due diligence objections, other than its title and survey objections which are addressed in Section 3(c) (the "Due Diligence Objection Notice") and ACT shall have a period of ten (10) days after receipt of the Due Diligence Objection Notice in which to advise CSU whether or not it will correct the items to which CSU has objected in the Due Diligence Objection Notice (the "Due Diligence Response Notice"). CSU shall have a period often (10) days after receipt of the Due Diligence Response Notice to either to waive in writing any objections set forth in the Due Diligence Objection Notice which in the Due Diligence Response Notice T .CSU -San BemardinoW nivttsity\Randi~OPT-AFF AGREEMENTv 132.doc -6- has refused to correct or to terminate the purchase and sale transaction. The failure of CSU to waive any such objections within such ten (10) day period shall be deemed to be an election by CSU to terminate the purchase and sale transaction. (c) In addition, in order to facilitate satisfaction of the Closing Conditions, ACT shall proceed with all due diligence to provide CSU within thirty (30) days after the end of the Negotiation Period with a preliminary title report for the Property issued by Chicago Title Insurance Company or other national title insurance company selected by the parties and insuring CSU's interest in the Property in an amount equal to the Purchase Price (the "PTR") and with an ALTA Survey of the Property and the Project or Phase I of the Project, as applicable (the "Survey"). CSU shall have twenty (20) days after its receipt of the PTR and legible copies of all of the exception documents referenced therein and the Survey to advise ACT in writing as its objections, if any, to the exceptions reflected in the PTR and/or matters identified on the Survey (the "Title and SurveLObjection Notice"). ACT shall have a period of ten (10) days after its receipt of the Title and Survey Objection Notice to advise CSU whether and to what extent it will correct the items identified in [he Title and Survey Objection Notice (the "Title and Survey Response Notice"). CSU shall have a period of ten (10) days after its receipt of the Title and Survey Response Notice to advise ACT whether it is prepared to proceed with the transaction on the basis set forth in the Title and Survey Response Notice or whether it is electing to terminate the transaction. In the event CSU elects to terminate the transaction, then neither party shall have any further rights or obligations with respect to the purchase and sale of the Property and the Project. A termination of the transaction pursuant to this Section 3(c) shall concurrently terminate the rights and obligations of the parties under Section 7 hereof with respect to the Commercial Site Option, but shall not affect the rights and obligation of the parties set forth in Sections 4, 5, 6 or 8 (b) hereof. (d) If at the end of the Closing Period, either (i) CSU has completed all of its due diligence and secured all necessary approvals, other than the approval of its Board of Trustees or (ii) ACT needs additional time to resolve the matters which it has agreed to resolve in either its Due Diligence Response Notice or its Title and Survey Response Notice, then CSU or ACT, as applicable, shall have the right to extend the Closing Period for a period of thirty (30) days (the "First Extension Period") upon written notice to the other party (the "First Extension Notice") delivered no later than ten (10) days prior to the end of the Closing Period; and provided, further, that in the event as of the end of the First Extension Period despite good faith efforts to do so either (i) CSU has still not been able to secure the approval of its Board of Trustee or (ii) ACT still requires additional time to resolve the matters which it has agreed to resolve in either its Due Diligence Response Notice or its Title and Survey Response Notice, then CSU or ACT, as applicable, shall have the right to further extend the Closing Period for an additional period of thirty (30) days (the "Second Extension Period") upon written notice to the other party (the "Second Extension Notice") delivered no later than ten (10) days prior to the end of the First Extension Period. (e) Any further extensions of the Closing Period beyond the end of the Second Extension Period shall be subject to the mutual approval of ACT and CSU. T'.CSU -San Bernardino\University\Randi\OPT-AFF AGREEMENTv U2.dot -~- (f) The purchase and sale of the Property and the Project or of the Property, Phase I of the Project and the Development Rights, as applicable, shall proceed in the manner outlined in this Section 3 and the date on which the purchase and sale actually occurs shall be referred to as the "Closine Date." (g) ACT and CSU shall shaze on a 50-50 basis the following costs and expenses of the sale of the Property and the Project or the Property, Phase I of the Project and the Development Rights, as applicable, to CSU: (i) any transfer or sales taxes due upon such sale, (ii) any premiums for a standard coverage title insurance policy in favor of CSU in an amount equal to [he Purchase Price, (iii) recording fees and (iv) escrow fees. ACT shall be responsible for discharging any liens and encumbrances which it agrees to remove in its Title and Survey Response Notice and for any attomeys fees and expenses incurred by ACT in connection with the sale of the Property and the Project to CSU. CSU shall be solely responsible for any additional premiums if its elects to secure extended coverage title insurance and for the cost of the ALTA survey required to secure such extended coverage and for any attomeys fees and expenses incurred by CSU in connection with the purchase of the Property and the Project or the Property, Phase I of the Project and the Development Rights, as applicable, from ACT. All other costs associated with the ownership of the Property and the Project or the Property, Phase I of the Project and the Development Rights, as applicable, including, but not limited to, real property taxes and assessments, shall be prorated as of the Closing Date, with ACT responsible therefor for the period prior to the Closing Date and with CSU responsible therefor for the period from and after the Closing Date. (h) ACT shall execute and deliver to CSU at Closing a Grant Deed, a Bill of Sale, and such other documents as may be necessary in order to convey to CSU title to the Property and the Project or title to the Property, Phase I of the Projec[ and the Development Rights, as applicable, free and clear of all liens and encumbrances other than those approved by CSU pursuant to Section 3(c) (the "Closine Documents"). The Closing Documents shall also include such other documents as may be reasonably requested by CSU as being necessary, in the reasonable judgment of CSU, to consummate the transaction provided for herein. The form and substance of the Closing Documents shall be subject to the review and approval of the parties, which approval shall not be unreasonably withheld or delayed. In addition, at Closing ACT shall provide CSU with the originals, to the extent in its possession, and true and correct copies, to the extent the originals are not in ACT's possession, of all of the construction related documents, including, but not limited to, as built plans and specifications, product warranties and equipment operating and training manuals, which relate to the Property and the Project or Phase I, as applicable, and if applicable, all documents related to or evidencing the Development Rights. (i) At least one (1) business day before the Closing Date, CSU shall wire to Escrow Agent the amount required to the amount due at Closing from CSU in accordance with the Closing Statement prepazed by Escrow Agent and approved by CSU and ACT. T~~.CSU -San Bemardino~Univcrsity~Randi~OPT-AFF AGREEMENTv U2.doc .g. (j) AS IS. CSU ACKNOWLEDGES AND AGREES THAT IN THE EVENT OF THE EXERCISE OF THE PROJECT OPTION AND THE PURCHASE OF THE PROPERTY AND THE PROJECT OR OF THE PROPERTY, PHASE I OF THE PROJECT AND THE DEVELOPMENT RIGHTS, AS APPLICABLE, UNDER THE TERMS HEREOF, CSU DOES HEREBY AGREE TO ACCEPT THE PROPERTY AND THE PROJECT OR THE PROPERTY, PHASE I OF THE PROJECT AND THE DEVELOPMENT RIGHTS, AS APPLICABLE, ON THE CLOSING DATE IN THEIR AS IS WHERE IS CONDITION WITHOUT ANY REPRESENTATION OR WARRANTY BY ACT OR ANY AFFILIATE THEREOF INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILITY OR WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND CSU WAIVES ANY RIGHTS IT MAY HAVE REGARDING ANY FORM OF WARRANTY RELATING TO THE PROPERTY OR THE PROJECT OR THE PROPERTY, PHASE I OF THE PROJECT AND THE DEVELOPMENT RIGHTS, AS APPLICABLE. NOTWITHSTANDING THE FOREGOING, AT CLOSING ACT SHALL ASSIGN TO CSU ANY WARRANTIES PROVIDED TO ACT DURING THE COURSE OF THE CONSTRUCTION OF THE PROJECT OR PHASE I OF THE PROJECT, AS APPLICABLE, BY ANY CONTRACTOR, SUBCONTRACTOR, MANUFACTURER OR OTHER THIRD PARTY, IF AND TO THE EXTENT THE SAME REMAInN IN EFFECT AS OF THE CLOSING. V CSU's Initials (k) CSU acknowledges and agrees that at any time prior to Closing, ACT may request that CSU provide reasonable assurances that it will be able to consummate the purchase of the Property and the Project or the Property, Phase I of the Project and the Development Rights, as applicable, including that CSU has a firm, written commitment from a reputable lending institution to finance such purchase and/or has sufficient liquidity to pay the Project Purchase Price on the Closing Date; provided, however, in no event shall CSU be entitled to exercise the Project Option conditioned on CSU obtaining any such financing. If CSU does not provide such assurances to ACT within thirty (30) days after a request therefor, such event shall be considered a default under this paragraph and shall render the exercise of the Project Option null and void and cause the Project Option to lapse. A termination of the Project Option pursuant to this Section 3(k) shall not affect the rights or obligations of ACT and CSU under Section 4 of this Agreement, but shall serve to terminate any rights granted to CSU or obligations imposed on ACT under Sections 5, 6, 7 or 8 of this Agreement. (1) CSU and ACT acknowledge and agree that the closing of the purchase and sale of the transaction provided for herein may occur after the initial occupancy of the Project or Phase I of the Project, as applicable, and accordingly that during the period from the completion of construction and the initial occupancy of the Project until the Closing Date, the Project will be operated in accordance with Section 4 of this Agreement and the documents described therein. T:\CSU -San 6emardino\Univcrsity\Randi\OPT-AFF AGRL•EMENTv U2.doc -9- (m) An example of the time lines governing the exercise of the Project Option and the purchase and sale of the Property, Phase I of the Project and the Development Rights or the Property and the Project, as applicable, pursuant thereto is set forth in Exhibit C hereto. SECTION 4. AFFILIATION AGREEMENT (a) As a material inducement to ACT to enter into this Agreement and to grant CSU the rights provided for herein, CSU has agreed to designate the Project for the benefit of the students of CSU as "affiliated housing" and in furtherance thereof to provide the support described in this Section 4 for the period described in this Section A. In consideration for the agreement of CSU to designate the Project as "affiliated housing," ACT agrees that until the eazlier to occur of the expiration of the Project Option Period or the closing of the purchase and sale of the Property and the Project or the Property, Phase I of the Project and the Development Rights, as applicable, by CSU pursuant to Section 3 hereof, ACT shall in its discretion incorporate into its resident leases some or all of the policies applicable to residents of CSU "on campus" housing. CSU shall provide ACT with copies of all of such housing policies and with any modifications or amendments thereto which may be adopted by CSU from time to time during the period specified in this Section 4(a}. (b) CSU and ACT will jointly and actively promote and market the Project as an integrated part of the overall housing program of CSU. All costs of mazketing the Project will be subject to the reasonable approval of ACT and will be paid by ACT. The form and substance of any promotional or marketing materials, as well as the mazketing budget, related to the Project shall be mutually agreed upon by ACT and CSU. In furtherance and not in limitation of the foregoing, CSU will include a Project brochure in housing related mailings directed to (i) On Campus Occupants, (ii) student applicants notifying them of their admittance to CSU, and (iii} students not residing in on-campus facilities. (c) CSU will allow ACT to display such signs, Elags, and banners at the Project designating it as a University affiliated housing project as maybe mutually agreed upon by CSU and ACT. (d) CSU will grant the Project the right to connect directly to the CSU Internet System. In the event the Project elects to so connect, then CSU will provide a direct connection for residents of the Project to the CSU Internet System. As between CSU and ACT, ACT shall be responsible for all costs of the use of the CSU Internet System it being understood and agreed that ACT intends to chazge the residents of the Project for any Internet use fees and expenses as may be billed to it by CSU. (e) At no cost or expense to ACT, CSU will provide University Police Patrol and Response for the Project or Phase I of the Project, as applicable, and have the Emergency Call Station, which shall be located in such exterior areas of the Project as TlCSU -San Bernardino\University\Randi\OPT•AFF AGREEMENTv 132.doc .10- maybe agreed upon by ACT and CSU, such as the pazking lot or common azeas or walkways, tie directly into CSU Response System. (f) The common azeas of the Project or Phase I of the Project, as applicable, shall be solely for the benefit of the residents of the Project and their guests (including any guests who are residents of other CSU housing projects); subject, however, to the right of CSU, with the prior written approval of ACT, which shall not be unreasonably withheld, to use the common azeas of the Project for special events being held for the benefit of the residents of other CSU student housing projects and their guests. Any and all costs of such special events shall be the sole responsibility of CSU but CSU shall not owe any fees or other consideration to ACT for the use of the common areas of the Project for such special events. (g) American Campus Communities {"ACC") will manage the Project or Phase I of the Project, as applicable, for ACT. ACT shall exercise its rights under the management agreement with ACC (the "Manag_ement Agreement") through a Management Committee made up of two (2) members from CSU and three (3) members from ACT. The Management Agreement shall provide, among other things, that it will terminate upon the purchase by CSU of the Property and the Project or the Property, Phase I of the Project and the Development Rights, as applicable. In the event at any time prior to or during the term of the Management Agreement, ACT determines that certain management services are required or appropriate for the day to day management of the Projector Phase I of the Project, as applicable, ACT will have the right, but not the obligation, to negotiate with CSU with respect to the provision of such services but neither ACT nor CSU shall have any liability to the other in the event they aze unable to agree after a period of thirty (30) days of good faith negotiations on the terms or conditions on which such services will be provided. (h) The term of this Affiliation Agreement shall commence upon the date on which ACT is issued a building permit for Phase I of the Project (the "Construction J Commencement Date") and shall terminate on the earlier of (i) the fifteenth anniversary of the Construction Commencement Date or {ii) the closing of the purchase and sale of the Property and the Project or the Property, Phase I of the Project and the Development Rights, as applicable, by CSU in accordance with the terms of this Agreement or (iii) the date specified by ACT in a written termination notice to CSU delivered at anytime during the term of this Affiliation Agreement. SECTION 5. RIGFIT OF FIRST OFFER. (a) Prior to the earlier to occur of the date on which (i) Project Option Period expires without the exercise by CSU of the Project Option or (ii) after the timely exercise of the Project Option, the purchase of the Property and the Project or the Property, Phase I of the Project and the Development Rights, as applicable, is terminated by either CSU or ACT in accordance with Section 3, other than as a result of a default by CSU in its purchase obligations under Section 3 (the "Bxniration Date"), ACT shall have no right to sell the Property and the Project or the Property, Phase I of the Project and the T'CSU • San Bemardino~University`~Randi~.OPT-AFF AGREEMENTv U2.doc -i . Development Rights, as applicable other than to CSU pursuant to the Project Option granted to CSU under Section 3. (b) From and after the Expiration Date, ACT shall have no right to sell the Property and the Project or the Property, Phase I of the Project and, if the same remain in effect, the Development Rights, as applicable, without complying with the procedures set forth in this Section 5. (b) ACT shall provide CSU with written notice of its intent to sell the Property and the Project or the Property, Phase I of the Project and, if they remain in effect, the Development Rights, as applicable, and its proposed terms with respect thereto (the "Project Offer Notice"). CSU and ACT shall have a period of thirty (30) days after CSU's receipt of the Offer Notice (the "Protected Period") to negotiate in good faith with respect to the terms and conditions under which such transaction shall occur (the "Right of First Offer Transaction"). In the event ACT and CSU aze unable to reach agreement within the Protected Period with respect to the terms of the Right of First Offer Transaction, then ACT shall be free to enter into negotiations with respect to the Right of First Offer Transaction with any other person or entity; provided, however, that ACT shall not be permitted to consummate a transaction with any other person or entity on terms which ACT determines in its sole discretion aze less favorable to ACT than those offered by CSU during the Protected Period without first offering CSU the opportunity, on written notice setting forth such terms and conditions, to consummate the Right of First Offer Transaction on such alternative terms and conditions (the "Modified Proiect Offer Notice"); provided, however, that CSU shall be deemed to have waived its right to proceed with such revised Right of First Offer Transaction in the event it does not advise ACT of its election to proceed within twenty (20) days after its receipt of the Modified Offer Notice. (c) In the event ACT does not consummate the Right of First Offer Transaction on the terms provided for in the Offer Notice or the Modified Offer Notice, as applicable, within one hundred eighty (180) days after the date thereof, ACT shall not be permitted to sell the Property and the Project or the Property, Phase I of the Project and the Development Rights, as applicable, without again first complying with the procedures set forth in Section 5(a). (d) In the event CSU timely exercises its right of first offer provided for in this Section 5, the purchase and sale of the Property and the Project or the Property, Phase I of the Project and the Development Rights, as applicable, shall occur in accordance with Section 3 of this Agreement. (e) In the event CSU does not timely exercise its right of first offer provided for in this Section 5, ACT shall be free to sell the Property and the Project or the Property, Phase I of the Project and the Development Rights, as applicable, free of any rights granted [o CSU or obligations imposed on ACT under this Section 5 and under Section 6, but subject to the rights granted to CSU and obligations imposed on ACT under Section 8. In the event CSU timely exercises its right of first offer provided for in this Section 5 and then defaults in its purchase obligations, ACT shall be free to sell the Property and the Project or the Property, Phase I of the Project and the Development T:`LSU -San Bcmardmo\University\Randi\GPT-AFF AGREEMENTv U2.doc _IZ_ Rights, as applicable, free of any rights granted to CSU or obligations imposed on ACT under this Section 5 and under Sections 6 and 8. SECTION 6. RESTRICTIVE COVENANT. (a) In the event CSU either (i) fails to exercise the Project Option within the Project Option Period or (ii) after the timely exercise of the Project Option, fails to purchase either the Property and the Project or the Property and Phase I of the Project, as applicable, for any reason other than a default by CSU in its obligations under Section 3 of this Agreement, then, subject to the limitations set forth in the last sentence of this Section 6, on the thirtieth (30`") anniversary of the Expiration Date (the period from the Expiration Date to such anniversary date being hereinafter referred to as the "Restrictive Covenant Period"), ACT shall convey title to the Property and the Project or the Property, Phase I of the Project, as applicable, to CSU for no consideration and the same shall be deemed to be a gift or charitable donation under applicable state and/or federal tax laws and CSU shall execute any and all documents necessary to confirm the tax status of such conveyance. (b) ACT shall not be required to provide CSU with title insurance at the time of the conveyance of the Property and the Project or Phase I of the Project, as applicable, pursuant to the terms hereof or to pay any costs associated with the transfer of title to the Property and the Project or Phase I of the Project, as applicable, to CSU in accordance with the terms hereof. (c) CSU ACKNOWLEDGES AND AGREES THAT IN THE EVENT OF THE CONVEYANCE OF THE PROPERTY AND THE PROJECT OR THE PROPERTY AND PHASE I OF THE PROJECT BY ACT UNDER THE TERMS OF THIS SECTION 6, CSU DOES HEREBY AGREE TO ACCEPT TITLE THERETO IN THEIR AS IS WHERE IS CONDITION WITHOUT ANY REPRESENTATION OR WARRANTY BY ACT OR ANY AFFILIATE THEREOF INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILITY OR WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND CSU WAIVES ANY RIGHTS IT MAY HAVE REGARDING ANY FORM OF WARRANTY RELATING TO THERETO. NOTWITHSTANDING THE FOREGOING, AT CLOSING ACT SHALL ASSIGN TO CSU ANY WARRANTIES PROVIDED TO ACT BY ANY CONTRACTOR, SUBCONTRACTOR, MANUFACTURER OR OTHER THIRD PARTY WITH RESPECT TO THE PROPERTY AND THE PROJECT OR THE PROPERTY AND PHASE I OF THE PROJECT, AS APPLICABLE, IF AND TO THE EXTENT THE SAME REMAIN IN EFFECT AS OF THE CLOSING. CSU's Initials (d) The rights granted to CSU and the obligations imposed on ACT under this Section 6 are personal to CSU and ACT and accordingly (i) may not be assigned by CSU to any other party and (ii) shall terminate in the event of the sale of the Property and the T'\CSU -San Bernardino\Universit \Randi\OPT-AFF AGREEMENTv 132.doc Y Project or the Property and Phase I of the Project (which may include the Development Rights to the extent the same are still in effect), as applicable, by or on behalf of ACT to an unrelated third party in an azms length transaction, which, for purposes hereof, shall include a sale upon foreclosure of any deed of trust encumbering the Property, a conveyance of the Property by deed in lieu of foreclosure or a sale of the Property and the Project or of the Property, Phase I of the Project and, if still in effect, the Development Rights, as applicable, after CSU either fails to timely exercise its right of first offer as provided for in Section 5 or fails to close the purchase transaction for any reason after timely exercising its right of first offer as provided for in Section 5. (e) The provisions of this Section 6 shall not apply to the Commercial Site. SECTION 7. THE COMMERCIAL SITE ACT does hereby grant CSU the following rights with respect to the Commercial Site: (a) In the event ACT elects to develop or sell the Commercial Site prior to the Project Option Period, ACT shall provide CSU with written notice of its intent to sell or to develop the Commercial Site and with an opportunity to purchase the Commercial Site for the Commercial Site Purchase Price (the "Commercial Site Offer Notice"). CSU shall have a period of thirty (30) days after CSU's receipt of the Commercial Site Offer Notice to advise ACT whether or not it is prepazed to purchase the Commercial Site for the Commercial Site Purchase Price (the "Commercial Site Election Notice"). CSU shall be deemed to have waived its right to purchase the Commercial Site in the event it does not advise ACT of its election to purchase the Commercial Site within such thirty (30) day period. The rights granted to CSU, and the obligations imposed on ACT, under this Section 7(b) shall terminate at the commencement of the Commercial Site Option Period. (b) ACT does hereby grant CSU an option to purchase the Commercial Site (the "Commercial Site Option") for a cash purchase price (the "Commercial Site Purchase Price") of One Million and no/100 Dollazs ($1,000,000) increased by .25% per month from the Execution Date to the date on which CSU delivers written notice to ACT of its election to exercise the Commercial Site Option (the "Option Exercise Date"). The period in which CSU may exercise the Commercial Site Option shall run concurrently with the Project Option Period. CSU shall not be entitled to exercise the Commercial Site Option without concurrently exercising the Project Option but CSU shall be entitled to exercise the Project Option without exercising the Commercial Site Option. In the event CSU exercises the Commercial Site Option within the Project Option Period, then the purchase and sale of the Commercial Site shall be on the same terms and conditions as aze set forth in Section 3 with respect to the Property and the Project or the Property, Phase I of the Project and the Development Rights and the Closing Period with respect to the Commercial Site shall run concurrently with the Closing Period with respect to the Property and the Project or the Property, Phase I of the Project and the Development rights, as applicable. In the event that after the timely exercise of the Project Option, CSU defaults in its obligations with respect to thereto, then, whether or not CSU is then in default with respect to the Commercial Site Option, it shall have no further right to proceed with the purchase of the Commercial Si[e. T \CSU -San Bernardino\University\Randi\OPT-AFF AGREEMENTv 112.doc - tq- (c) In the event CSU timely exercises its right of first offer provided for in Section 7(b), the purchase and sale of the Commercial Site shall be on the same terms and conditions as aze set forth in Section 3 with respect to the Property and the Project or the Property, Phase I of the Project and the Development Rights but the Closing Period shall run from the date of the delivery of the Commercial Site Election Notice. (d) In the event CSU does not timely exercise its right of first offer provided for in Section 7(b) or in the event CSU timely exercises its right of first offer provided for in Section 7(b) and then defaults in its purchase obligations, ACT shall be free to sell or develop the Commercial Site free of any rights granted to CSU under Sections 7(a) or 7(b). (e) AS IS. CSU ACKNOWLEDGES AND AGREES THAT IN THE EVENT OF THE EXERCISE OF THE COMMERCIAL SITE OPTION AND THE PURCHASE OF THE COMMERCIAL SITE UNDER THE TERMS HEREOF, CSU DOES HEREBY AGREE TO ACCEPT THE COMMERCIAL SITE ON THE CLOSING DATE IN THEIR AS IS WHERE IS CONDITION WITHOUT ANY REPRESENTATION OR WARRANTY BY ACT OR ANY AFFILIATE THEREOF INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILITY OR WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND CSU WAIVES ANY RIGHTS IT MAY HAVE REGARDING ANY FORM OF WARRANTY RELATING TO THE COMMERCIAL SITE. NOTWITHSTANDING THE FOREGOING, AT CLOSING ACT SHALL ASSIGN TO CSU ANY WARRANTIES PROVIDED TO ACT BY ANY CONTRACTOR, SUBCONTRACTOR, MANUFACTURER OR OTHER THIRD PARTY WITH RESPECT TO THE COMMERCIAL SITE, IF AND TO THE EXTENT THE SAME REMAIN IN EFFECT AS OF THE CLOSING. nn 4'" CSU's Initials (j) CSU acknowledges and agrees that in the event of the exercise by CSU of the Commercial Site Option, at any time prior to Closing of the purchase of the Commercial Site, ACT may request that CSU provide reasonable assurances that it will be able to consummate the purchase of the Commercial Site, including that CSU has a firm, written commitment from a reputable lending institution to finance such purchase and/or has sufficient liquidity to pay the Commercial Site Purchase Price on the Closing Date; provided, however, in no event shall CSU be entitled to exercise the Commercial Site Option conditioned on CSU obtaining any such financing. If CSU does not provide such assurances to ACT within thirty (30) days after a request therefor, such event shall be considered a default under this pazagraph and shall render the exercise of the Commercial Site Option null and void and cause the Commercial Site Option to lapse, but such termination shall not affect the rights or obligations of ACT and CSU under Section 4 of this Agreement. T1CSU • San Bcmardinu~Univttsity~Randi~OPT-AFF AGREEMENTvl32.doc -IS- 8. IMPUTED EQUITY INTEREST (a) In the event of the purchase by CSU of the Property and the Project pursuant to the right of first offer provided for in this Section 5 at any time during the Restrictive Covenant Period, CSU shall receive a credit against the cash due at Closing in an amount equal to the Imputed Equity Interest (as hereinafter defined). (b) Except as otherwise provided herein, in the event of the sale by ACT of the Property and the Project to a third party at any time during the Restrictive Covenant Period, then at the closing of any such sale of the Property and the Project, ACT shall donate to CSU an amount equal to the Imputed Equity Interest. (c) The provisions of Section 7(b) shall not apply (A) in the event that (i) only Phase I of the Project is constructed or (ii) ACT sells the Property and the Project to a third party after CSU fails to purchase the Property and the Project as a result of its default after timely exercising either the Project Option as provided for in Section 3 or its right of first opportunity as provided for in Section 5 or (iii) in the event of the purchase of the Property and the Project pursuant to the Project Option or (B) to the Commercial Site. (d) For purposes of this Section 8, the "Imputed Equity Interest" shall initially be zero and shall be increased each yeaz during the Restrictive Covenant Period (an "Applicable Yeaz") by the amount reflected in Exhibit D for the Applicable Year; provided, however, in the event the average monthly occupancy of the Project during the academic year which most directly overlaps with the Applicable Yeaz was less than 95% (the "Occupancy Threshold"), then no such increase shall apply. On or before August 1 of each year, ACT shall provide CSU with a calculation setting forth in reasonable detail the Imputed Equity Interest as of the end of the most recently completed academic yeaz, along with the occupancy of the Project during such academic yeaz. An example of the method of calculating the Imputed Equity Interest is also set forth in Exhibit D. 9. MISCELLANEOUS. (a) Any request or other communication to be given by any party hereunder shall be in writing and shall be sent by registered or certified mail, postage prepaid, by overnight courier guazanteeing overnight delivery or by facsimile transmission, to the following address: To ACT: American Campus-Titan LLC 4725 S. Monaco Street Suite 340 Denver, CO 80237 Attention: Stuart Davis Phone:720-528-7650 To CSU: 5500 University Parkway T\CSU -San Bernardino\Univcrsity\Randi\OPT-AFF AGREEMENTv U2.doc -I6- San Bemazdino, CA 92407-2397 Attention: Dave DeMauro Phone: 409-880-5130 Notices maybe sent by deposit in the United States mail postage prepaid, by certified mail, return receipt requested, or by overnight courier and shall be deemed received on actual receipt or refusal of receipt thereof. (b) This Agreement may not be amended or modified in any respect whatsoever except by an instrument in writing signed by the parties hereto. This Agreement constitutes the entire agreement between the parties hereto with respect to the subject matter hereof and supersedes all prior negotiations, discussions, writings and agreements between them with respect to the subject matter hereof including, but not limited to the Exclusive Negotiating Agreement dated Mazch 30, 2002. (c) This Agreement is personal to CSU and may not be assigned by CSU. This Agreement maybe assigned by ACT without the consent of CSU but upon written notice to CSU to a single purpose limited liability company formed by ACT for the purpose of acquiring the Property and developing the Project and in which ACT is the sole member. Any other assignment by ACT will require the approval of CSU, which approval shall not be unreasonably withheld. (d) The waiver by any party of any breach of any of the provisions of this Agreement shalt not constitute a continuing waiver or a waiver of any subsequent breach of any provision of this Agreement. (e) Each recital set forth and exhibit referenced in this Agreement is incorporated and becomes an integral part of this Agreement. (f) The captions of this Agreement are for convenience of reference only and shall not define or limit any of the terms or provisions hereof. (g) Nothing in this Agreement express or implied is intended to and shall not be construed to confer upon or create in any third party (other than the parties hereto) any rights or remedies under or by reason of this Agreement, including without limitation, any right to enforce this Agreement. (h) Time is of the essence of this Agreement and of all of the covenants, conditions, terms and provisions of this Agreement. (i) If any litigation or other proceedings aze commenced between parties to this Agreement regazding the rights and duties of any party pursuant to, related to or arising from this Agreement, then the prevailing party with respect to the litigation or other proceedings, shall be entitled, in addition to the relief granted, a reasonable sum for attorneys' fees and costs of the litigation or other proceedings. T~•.CSU -San Bemanlmo~University~Randi\OPUAFF AGREEM ENTv 112.doc -17- (j) This Agreement shall be governed by and construed in accordance with the laws of the State of California. (k) Should any one or more of the provisions of this Agreement be determined to be invalid, unlawful or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions hereof shall not in any way be affected or impaired thereby. (1) This Agreement maybe executed in any number of counterparts, each of which shall be an original; but such counterparts shall together constitute but one and the same instrument. (m) Each party acknowledges and agrees that it has participated in the drafting and the negotiation of this Agreement and has been represented by counsel during the course thereof Accordingly, in the event of a dispute with respect to the interpretation or enforcement of the terms hereof, no provision shall be construed so as to favor or disfavor either party hereto. (n) Unless otherwise specified, in computing any period of time described herein, the day of the act or event on which the designated period of time begins to run shall not be included and the last day of the period so computed shall be included, unless such last day is a Saturday, Sunday or legal holiday, in which event the period shall run until the next day which is not a Saturday, Sunday or a legal holiday. T',CSU -San Bemardino~Universny~Randi`OPT-AFF AGREEM ENTv U2.doc -Ig- IN WITNESS WHEREOF, the parties hereby execute this Agreement as of the day and yeaz first set forth above. CSU: The Trustees of the California State University /~ Name: Ju~w d i~< i~•1u,t Kc Title: 1u .2. i i rs~~1r~.,-r ~,,,- •~dni;,u Stranonl AN7 Fi!JANGE- ACT: American Campus -Tit C By: Titan s ent II L C Its: Managi tuber By: Name: Sk~F¢ ~ '~ .~i Av l s Title: '~~~~{- T':CSU • San Bemardinu~UniversirylRandi`OPT-AFF AGREEMENTvl32.doc -19- ACKNOWLEDGEbIENTS STATE OF F CO~.yy On tnt! °~~befo e, td o„ tary e ~ Pub ic, p sonally appeared t+tl,CJt.O-~ personally (mown to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged CARMEN MURILLO-MOl'EDA to me that he/she/they executed the same in his/her/they Commission S 1788840 authorized capacity(ies), and that byhis/her/their signature(s) ~ Notary PubBc - Calltamia on the instrument the person(s), or the entity upon behalf of San 8emardlno Courtly which the person(s) acted, executed the instrument MyCamnE~Jat76,71A5 WITNE my hand and official seal. I i Signature ~~"" ""~ (This azea for official notarial seal) STATE OF COLORADO COUNTY OFL IC f, J SS. On 1 n~ before me, the undersigned Notary ~;,WF/Q~ Public,'p'ersona lyappeared li,_,„ r /:' / in ~ !(j, •OTA '•.Z personally known to me (or proved [o me on the basis of ; '~ ~~"~:~ satisfactory evidence) to be the person(s) whose name(s) islaze subscribed to the within instrument and acknowledged J ~ ~ m to me that he/she/they executed the same in his/her/their ~ ~ A G ~'p authorized capaciry(ies), and that by his/her/their signature(s) y'•.~V91 ~.•'~O on the instrument the person(s), or the entity upon behalf of ~OF COLOQ which the person(s) acted, executed the instrument WITNESS my hand and official seal. '~"~~ ^'' t '~ I Signature ~ i r ~ ~ (This area for official notarial seal) '1",CSU -San Demardino~Universiry~Randi APT-AFF AGREEM ENTv 112.doc -20- EXHIBIT A THE PARCEL Pazcel No. I: Those portions of Lots 1 and 4, Block 2 of Wiggins Tract, in the City of SAN BERNARDINO, County of SAN BERNARDINO, State of Califomia, as per map recorded in Book 3, page(s) 74, of Maps, in the office of the County Recorder of Said County, together with that portion of that certain unnamed street, 50.00 feet wide, running North and South between Blocks 1 and 2, said Wiggins Tract, as vacated by Resolution No. 10069, adopted December 15, 1969, by the Mayor and Common Council of the City of San Bernardino, and recorded December 19, 1969, in Book 7356, page(s) 494, Official Records, described as follows: Beginning at the intersection of the West line of said Lot I, Block 2, with the Northeasterly line of that certain strip of land, 100.00 feet wide, as conveyed to San Bemazdino Flood Control District, by Deed recorded Apri123, 1940 in Book 1415, page(s) 37, Official Records; Thence North 00°04'52" West along the West line of said Lot 1, Block 2, a distance of 214.34 feet to a point on the Southerly one Northpazk Boulevazd, 120.00 feet wide, as described in Deed to the City of San Bernardino, recorded January 14, 1965, in Book 6311, page(s) 419, Official Records, being a point on a curve concave to the North having a radius of 2420.00 feet, a radial line from said point bears North 29°55'27" East; Thence Southeasterly along said Northpark Boulevard, being along the arc of said curve 598.56 feet through a central angle of 14° 10' 17" to a point on the East line of said unnamed street, vacated, being also a point on the West line of Lot 2, Block 1, said Wiggins Tract; Thence South 00°04'06" East along the West line of said Lot 2, Block t, and the West line of Lot 3, Block 1, said Wiggins Tract, a distance of 460.61 feet to a point on the Northeasterly line of aforesaid strip of land, 100.00 feet wide, as conveyed to said San Bemazdino County Flood Control District; Thence North 49°01'51" West along said Northeasterly line, 729.05 feet to the Point of Beginning. Pazcel No. 2: Those portions of Lots 2, 3 and 6, Block 1, Wiggins Tract, in the City of San Bemazdino, County of San Bernardino, State of California, as per plat recorded in Book 3, page(s) 74, records of said County, described as follows: Beginning at the intersection of the West line of said Lot, Block 1, with the Northeasterly line of that certain strip of land, 100.00 feet wide, as conveyed to San Bernardino County T~\CSU -San Bcmardino\Universiry\Randi\OPT-AFF AGREEMENTv 132.doc •21- Flood Control District and recorded in Book 1415 of Official Records, page 37, records of said county; Thence North 00°04' 16" West along the West line of said Lot 3, Block 1, and the West line of said Lot 2, Block 1, being along the East line of that certain unnamed street, vacated 50.00 feet wide, running North and South between Block 1 and 2, said Wiggins Tract, a distance of 460.61 feet to a point on the Southerly line of Northpazk Blvd., 120.00 feet wide, as described in Deed to the City of San Bernazdino, recorded January 14, 1965, as Instrument No. 423, in Book 6311, of Official Records, page 419, records of said County, being a point on the curve concave to the North having a radius of 2420.00 feet, a radial line from said point beazs North 15°45' 10" East; Thence Southerly along said Northpazk Blvd. Being along the azc of said curve 508.31 feet through a central angle of 12°02'05" to a point on the East line of said Lot 2, Block 1; Thence South 00°03'57" East along the East line of said Lot 2, Block 1, the East line of said Lot 3, Block 1 and the East line of said Lot 6, Block 1, a distance of 809.38 feet to a point on the Northeasterly line of aforesaid strip of land, 100.00 feet wide, as conveyed to said San Bernardino County Flood Control District; Thence 49°01'51" West along said Northeasterly line 662.79 feet to the Point of Beginning. T\CSU -San Bemardino~Universiry~R°ndi`oPT•AFF AGREEMENTv 132.doc . 22. EXHIBIT B DEPICTION OF THE PROPERTY ~ "1 AND THE COMMERCIAL SITE i ;;-~ - iii ~ ~I i~,'' c'~ r ~ ~ 1 i ~ I Li111 II' a.~, X11 \ i ~ ~ ~ ` L ( ~ ~ W Ij Vii! -~ ~j y o o ~ ~ LL ~ z a ~ ' ~ ~ - A i ~ ~ O ti" U 1 ~ r-I I' ~ ~ Ili II~~ ~ . v~ ^ L. .y 1 ~ y... ~lli! LI.LLLLI Illl1 LLlifi . ~ - < ~ ` .k ,- I 1 m S .- ~ L~ 1 K Y}} S ~ _ n ~ }7 z O \r ~ ~ N Z O "1 t ~' i o ' t r 1~-k ~ 1~ V ~ .C i+G. ~.I i 4 1 t` ~ ~ 1 \v s .y ~'. 1 \P Ali 1 i~~ CEO `y R ~ ~ t X1:9 ~ 9 ca ~ ~ ~ ~ S ~ ~,+I.a ~ ca I w F N -~~ ~ EXHIBIT C SAMPLE TIMELINES SCENARIO I. ACT ELECTS NOT TO BUILD PHASE II September 1, 2003: Phase I Complete January 1, 2004: ACT elects not to build Phase II and Project Option Commencement Notice Issued to CSU by ACT. Januazy 31, 2004: CSU exercises the Project Option to purchase the Property, Phase I and the Development Rights. Mazch 1, 2004: Each of ACT and CSU appoint an Appraiser. Mazch 31, 2004: Appraisals Delivered. Apri130, 2004: ACT and CSU agree on the Purchase Price. May 30, 2004: ACT delivers the PTR and Survey to CSU with respect to the Property and Phase I of the Project. June 19, 2004: CSU provides to ACT its title and survey objections by delivery of a Title and Survey Objection Notice. June 29, 2004: ACT responds to CSU's title and survey objections by delivery of a Title and Survey Response Notice. July 9, 2004: CSU responds to ACT's Title and Survey Response Notice and advises ACT of its decision to proceed with the Closing of the purchase and sale of the Property, Phase I of the Project and the Development Rights. August 28, 2004: Closing of the purchase and sale of the Property, Phase I of the Project and the Development Rights. SCENARIO II. ACT ELECTS TO BUILD PHASE II September 1, 2004: Phases I and II Complete and Project Option Commencement Notice Issued to CSU by ACT. September 30, 2004: CSU exercises the Project Option to purchase the Property and the Project. October 30, 2004: Each of ACT and CSU appoint an Appraiser. T~~CSU -San Bernardino\University\Randi\OPT-AFF AGREEMENTv 132.doc -24• November 29, 2004: Appraisals Delivered. December 29, 2004: ACT and CSU agree on the Purchase Price. January 28, 2005: ACT delivers the PTR and Survey to CSU with respect to the Property and the Project. February 17, 2005: CSU provides to ACT its title and survey objections by delivery of a Title and Survey Objection Notice. February 27, 2005: ACT responds to CSU's title and survey objections by delivery of a Title and Survey Response Notice. Mazch 9, 2005: CSU responds to ACT's Title and Survey Response Notice and advises ACT of its decision to proceed with the Closing of the purchase and sale of the Property and the Project. May 28, 2005: Closing of the purchase and sale of the Property and the Project. SCENARIO III. ACT IS DEEMED TO HAVE ELECTED NOT TO BUILD PHASE II September 1, 2003: Phase I Complete September I, 2006: Construction of Phase II has not commenced and accordingly ACT is deemed to have elected not to build Phase II. September 10, 2006: Project Option Commencement Notice Issued to CSU by ACT. October 10, 2006: CSU exercises the Project Option to purchase the Property, Phase I and the Development Rights. November 10, 2006: Each of ACT and CSU appoint an Appraiser. December 10, 2006: Appraisals Delivered. January 9, 2007: ACT and CSU agree on the Purchase Price. February 8, 2007: ACT delivers the PTR and Survey to CSU with respect to the Property and Phase I of the Project. February 28, 2007: CSU provides to ACT its title and survey objections by delivery of a Title and Survey Objection Notice. Mazch 20, 2007: ACT responds to CSU's title and survey objections by delivery of a Title and Survey Response Notice. T~`CSU -San ~emardinu`Lnrversity~Randi\OPT-AFF AGREEMENTv I J2.doc •25- Mazch 30, 2007: CSU responds to ACT's Title and Survey Response Notice and advises ACT of its decision to proceed with the Closing of the purchase and sale of the Property, Phase I of the Project and the Develo ment Ri ts. P P~ May 1,0, 2007: Closing of the purchase and sale of the Property, Phase I of the Project and the Development Rights. T `.CSU • San BemardinoWniversity\RanJi`,OPT•AFF AGREEMENTv U2.doc -:6- EXHIBIT D IMPUTED EQUITY INTEREST SCHEDULE ANNUAL IMPUTED YEAR EOUITY INTEREST EARNED 1 $50,000 2 $50,000 3 $50,000 4 $50,000 5 $50,000 6 $50,000 7 $50,000 8 $50,000 9 $50,000 10 $50,000 11 $500,000 12 $1,000,000 13 $1,000,000 14 $1,000,000 15 $1,000,000 16 $1,000,000 17 $1,000,000 18 $1,000,000 19 $1,000,000 20 $1,000,000 21 $1,000,000 22 $1,000,000 23 $1,000,000 24 $1,000,000 25 $1,000,000 26 $1,000,000 27 $1,000,000 28 $1,000,000 I 29 $1,000,000 30 $1,000,000 Assumptions: Facility Sale Occurs by ACT to a third Party after the end of Yeaz 5 of the Restrictive Covenant Period. Result: Equity Interest Earned $200,000. AVERAGE IMPUTED EQUITY OCCUPANCY INTEREST EARNED Yeaz 1 90% $0 Yeaz 2 95% $50,000 Yeaz3 95% $100,000 Yeaz4 98% $150,000 Year 5 98% $200,000 T'CSU -San Btmardmo,Unrversity\RanJi\OPT-AFF AGREEMENTvl32.doc . 27. F o,~ CITY OF SAN BERNARDINO Development Services Department -Planning Division Interoffice Memorandum TO: Mayor and Common Council FROM: Valerie C. Ross, City Planner SUBJECT: Agenda Item No. 33 -Residential Student Housing Project DATE: November 4, 2002 COPIES: City Attorney; City Clerk; City Administrator; Development Services Director At the October 7, 2002 Mayor and Common Council meeting, this item was continued without discussion. Since that time, staff has met with the applicant, California State University officials, and the City Attorney's Office to address concerns related to the long-term use of the project as student housing. As you maybe aware, the City Attorney's Office has expressed concerns that development of an off-campus student housing project not be used for other residential purposes. Since the project is not a part of the Cal State University system, the City cannot limit occupancy to students only. This means that the student housing project could, theoretically, convert to an unacceptable use in the future -drug and alcohol facility or parolee facility. The City Attorney's Office has prepared language to address potential, future concerns with the proposed project. That language is included in the Development Code Amendment text (No. 15) and the Amended Conditions of Approval (No. 19). In addition, instead of changing the land use designation from CG-3, Commercial General to RSH, Residential Student Housing, the land use district will remain CG-3 with an RSH overlay. In the event that the project no longer houses Cal State students or it is demolished, further use of the site will be required to conform to the CG-3 land use district policies and standards. Attached are the following documents which supplement the previous submittals: • Resolution -Adding the Residential Student Housing overlay land use district to the General Plan Attachment A -General Plan Policies • Ordinance -Amending the Development Code to add definitions, requirements, and standards for Student Housing Projects - ~~~~"""~ Entered into Record of Attachment 1 -Text CouncillCmyDevCma Mtn . y ~ z'' • Amended Conditions of Approval by re Apr.nda Item 33 ~..s~2_ C,e....t.,k. City ClerkICDC Secy City of San Bernardino The revised language in the text of the Development Code Amendment should provide the assurance that the project will not convert to some other use in the future. Staff recommends: That the hearing be closed, and that the Mayor and Common Council: 1. Adopt the Mitigated Negative Declaration for General Plan Amendment No. 01-06, Development Code Amendment 02-04, and Conditional Use Permit No. 02-18 and the Mitigation Monitoring and Reporting Plan for Conditional Use Permit No. 02-18. 2. Approve General Plan Amendment No. 01-06 based on the Findings of Fact contained in the Planning Commission Staff Report. 3. Approve Development Code Amendment No. 01-02 based on the Findings of Fact contained in the Planning Commission Staff Report, and waive the first reading and lay over the ordinance for final adoption. 4. Approve Conditional Use Permit No. 02-18, based on the Findings of Fact contained in the Planning Commission Staff Report and subject to the Amended Conditions of Approval and Standard Requirements. 1 RESOLUTION NO. 2 RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING 3 GENERAL PLAN AMENDMENT NO. 01-06 TO THE GENERAL PLAN OF THE CITY OF SAN BERNARDINO, TO ADD THE RESIDENTIAL STUDENT HOUSING 4 DESIGNATION, AND ASSIGN THIS DESIGNATION TO 8.28 ACRES ON THE SOUTH SIDE OF NORTHPARK BOULEVARD, EAST OF UNIVERSITY 5 PARKWAY. 6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY 7 OF SAN BERNARDINO AS FOLLOWS: 8 SECTION I. Recitals 9 (a) WHEREAS, the General Plan for the City of San Bemardino was adopted by the 10 Mayor and Common Council by Resolution No. 89-159 on June 2, 1989. 1] (b) WHEREAS, General Plan Amendment No. 01-06 to the General Plan of the City 12 of San Bernardino was considered by the Planning Commission on September 3, 2002, after 13 14 a noticed public hearing, and the Planning Commission's recommendation of approval has 15 been considered by the Mayor and Common Council. 16 (c) WHEREAS, General Plan Amendment No. 01-06 was reviewed under the 17 Califomia Environmental Quality Act {CEQA) and a Mitigated Negative Declaration was 18 considered by the Mayor and Common Council. 19 (d) WHEREAS, the Mitigated Negative Declazation has been reviewed by the 20 Planning Commission and the Mayor and Common Council in compliance with the 2l 22 Califomia Environmental Quality Act (CEQA) and local regulations. 23 (e) WHEREAS, the Planning Commission conducted a noticed public hearing on 24 September 3, 2002, in order to receive public testimony and written and oral comments on 25 General Plan Amendment No. 01-06 (a proposal to add the Residential Student Housing land 26 use designation to the General Plan) and fully reviewed and considered the Planning Division 27 staff report and the recommendation of the Environmental Review Committee. 28 1 1 (f) WHEREAS, the Mayor and Common Council held a noticed public hearing and 2 fully reviewed and considered proposed General Plan Amendment No. 01-06 and the 3 Planning Commission and Environmental Review Committee recommendations and 4 Planning Division Staff Report on October 7, 2002. 5 (g) WHEREAS, the adoption of General Plan Amendment No. 01-06 is deemed in 6 ~ the interest of the orderly development of the City and is consistent with the goals, objectives 8 and policies of the existing General Plan. g SECTION 2. Mitigated Negative Declaration 10 NOW, THEREFORE BE IT RESOLVED, FOUND AND DETERMINED by the ] l Mayor and Common Council that the proposed amendment to the General Plan of the City of 12 San Bemardino could have an impact on the environment, but that there will be no impact 13 . which cannot be mitigated to a level of insignificance, and the Mitigated Negative 14 . 15 Declaration heretofore prepared by the Environmental Review Committee as to the effect of 1 g this proposed amendment is hereby ratified, affirmed and adopted. 17 SECTION 3. Findings 18 BE IT FURTHER RESOLVED by the Mayor and Common Council of the City of 19 San Bemardino that: 20 A. The proposed amendment is internally consistent with the General Plan in that it 21 22 meets General Plan Goals IA and 1H, providing functional land uses, which meet the 23 needs of the City's residents. 24 B. The proposed amendment would not be detrimental to the public interest, health, 25 safety, convenience, or welfare of the City in that any project developed under the 26 amendment will be required to meet or exceed all City standards and requirements for 27 safe construction. 28 2 C. The proposed amendment would not impact the balance of land uses within the City 2 in that it provides a greater variety of housing types to City residents. 3 D. In the case of an amendment to the General Plan Land Use Map, the subject parcel(s) 4 is physically suitable (including, but not limited to access, provision of utilities, 5 compatibility with adjoining land uses, and absence of physical constraints) for the 6 7 requested land use designation(s) and the anticipated land use development(s) in that 8 all required utilities and public services can adequately serve the site. g SECTION 4. Amendment 10 BE IT FURTHER RESOLVED by the Mayor and Common Council that: l l A. The Land Use Plan of the General Plan of the City of San Bernardino is amended by 12 adding Residential Student Housing policies to the General Plan, as outlined on 13 Attachment A, and further designating 8.28 acres on the south side of Northpark 14 l5 Boulevard, east of University Parkway, the location as outlined on the map entitled lg Attachment B, as Residential Student Housing as an overlay land use district. This 17 amendment is designated as General Plan Amendment No. 01-06, copies of which are 18 attached and incorporated herein for reference. 19 B. General Plan Amendment No. 01-06 shall become effective immediately upon 20 adoption of this resolution. 21 22 SECTION 5. Map Notation 23 This resolution and the amendment affected by it shall be noted on such appropriate 24 General Plan maps previously adopted and approved by the Mayor and Common 25 Council and which are on file in the office of the City Clerk. 26 27 28 3 1 SECTION 6. Notice of Determination 2 The Planning Division is hereby directed to file a Notice of Determination with the 3 County Clerk of the County of San Bemazdino certifying the City's compliance with 4 California Environmental Quality Act in preparing the Mitigated Negative 5 Declaration. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4 RESOLUTION ADOPTING GENERAL PLAN AMENDMENT NO. 01-06 TO THE GENERAL PLAN OF THE CITY OF SAN BERNARDINO, TO ADD THE 2 RESIDENTIAL STUDENT HOUSING DESIGNATION AND ASSIGN THIS 3 DESIGNATION TO 8.28 ACRES ON THE SOUTH SIDE OF NORTHPARK BOULEVARD, EAST OF UNIVERSITY PARKWAY. 4 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor 5 and Common Council of the City of San Bernardino at a meeting 6 7 thereof, held on the day of , 2002, by the following vote, to wit: g Council Members AYES NAYS ABSTAIN ABSENT 9 ESTRADA 10 LIEN 11 MCGINNIS ]2 DERRY 13 _a 14 SUAREZ 15 ANDERSON 16 MC CAMMACK 17 18 City Clerk 19 The foregoing resolution is hereby approved this day of , 2002. 20 21 JUDITH VALLES, Mayor 22 City of San Bemardino Approved as to form 23 and legal content: 24 JAMES F. PENMAN City Attorney 25 26 By' 27 28 5 ATTACHMENT A General Plan Amendment No. 01-06 Policies 1.13.14 Permit the development of student housing in the RSH, Residential Student Housing land use overlay district at a density of 20 units per acre and with no more than 60 bedrooms per acre on only the 8.28 acres on the south side of Northpark Boulevard, east of University Parkway, as designated in General Plan Amendment No. 01-06. 1.13.42 Require a minimum lot size of five acres for the development of student housing at the RSH density. 1.13.43 Require that student housing housing projects provide amenities in relation to the number ofunits/bedrooms. p,TTAC~MENT $ r ! l 1 I ~ (III I ` r ~ ~ IiII/~i 'r / o• i , 0 o ~' o ' ~ ! ; ~ ~ lY aTE i I 1 ti I LA..Ii ORMIA lI1 j ~JI / ~ J ' ~NiY iR01TY 1; ~ ~7 ~,~c`a~ ~ S~" ~ v; r Y ~ ~ f N wi iy~ ~ ~ ~ Ilra ~- - /~ [Yr k ~ f '~~ r ~ t. q dUr.~w~i ~ ~ T~,N Aea • • ai ° 1 i ~ I e trrer ^' brrO a t _I e J ,rte I .'+.~ ci l ' rr. 1 ORDINANCE NO. 2 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING 3 SECTION 19.02.050 (DEFINITIONS) AND CHAPTER 19.04 (RESIDENTIAL DISTRICTS) SECTION 19.04.020, TABLE 04.01 (PERMITTED USES), TABLE 04.02 4 (SPECIFIC STANDARDS), AND SECTION 19.04.030 (DEVELOPMENT STANDARDS) OF THE SAN BERNARDINO MUNICIPAL CODE (DEVELOPMENT CODE) TO ADD 5 TEXT RELATED TO DEFINITIONS, REQUIREMENTS AND STANDARDS FOR STUDENT HOUSING PROJECTS 6 7 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: 8 SECTION 1. Chapter 19.02, Section 19.02.050, Definitions and Chapter 19.04, Section 9 19.04.020, Table 04.01 (T), and Table 0.04.02, and Section 19.04.030 (2) (U) of the Municipal 10 11 Code (Development Code) are amended to add definitions and modify tables and text related to 12 Student Housing Project requirements and standards as shown in Attachment 1 attached hereto 13 and incorporated herein by reference. 14 SECTION 2. Severability. In the event that any provision of this Ordinance, or any part thereof, l5 or any application thereof to any person or circumstance, is for any reason held to be 16 unconstitutional or otherwise invalid or ineffective by any court of competent jurisdiction on its 17 18 face or as applied, such holding shall not affect the validity or effectiveness of any of the 19 remaining provisions of this Ordinance, or any part thereof, or any application thereof to any 20 person or circumstance or of said provision as applied to any other person or circumstance. It is 21 hereby declared to be the legislative intent of the City that this Ordinance would have been 22 adopted had such unconstitutional, invalid, or ineffective provisions not been included herein. 23 //// 24 //i/ 25 26 //// 27 28 1 1 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 19.02.050 (DEFINITIONS) AND CHAPTER 19.04 (RESIDENTIAL 2 DISTRICTS) SECTION 19.04.020, TABLE 04.01 (PERMITTED USES), TABLE 04.02 3 (SPECIFIC STANDARDS), AND SECTION 19.04.030 (DEVELOPMENT STANDARDS) OF THE SAN BERNARDINO MUNICIPAL CODE (DEVELOPMENT CODE) TO ADD 4 TEXT RELATED TO DEFINITIONS, REQUIREMENTS AND STANDARDS FOR STUDENT HOUSING PROJECTS 5 I HEREBY CERTIFY that the foregoing ordinance evas duly adopted by the Mayor and 6 7 Common Council of the City of San Bernardino at a meeting thereof, held 8 on the 7th day of October , 2002, by the following vote to wit: 9 Council Members: AYES NAYS ABSTAIN ABSENT 10 ESTRADA 11 LIEN 12 MCGINNIS 13 DERRY 14 15 SUAREZ ]s ANDERSON 17 MCCAMMACK 18 19 City Clerk 20 The foregoing ordinance is hereby approved this day of , 2l 2002. 22 JUDITH VALLES, Mayor 23 City of San Bernardino 24 Approved as to form and legal content: 25 JAMES F. PENMAN 26 City Attorney 27 BY~ a-- 28 2 ATTACHMENTI Chapter 19.02, Section 19.02.050, add definition of Student Housing Complex, as follows: Student Housing Complex: A building or buildings containing multiple family dwellings which allow for each bedroom to be leased to students attending California State University, San Bernardino, which provides common area amenities for units ranging from one to no more than four bedrooms per unit. The site shall be adjacent to California State University, San Bernardino, bus service shall be available (within 500 feet of a bus stop), and retail services shall be within 2000 feet of the site. The designation will be applied only to projects which demonstrate an affiliation with California State University, San Bernardino; and to parcels located within 500 feet of California State University, San Bernardino and specifically, only on the 8.28 acres on the south side of Northpark Boulevard, east of University Parkway, as designated in General Plan Amendment No. 01-06. Section 19.04.010 (2.) E. add: (Residential Student Housine) District This overlay district is specifically designed to allow student housing complexes on lots located within 500 feet of California State University San Bernardino, and which are at least five acres in size, at a maximum density of 20 units per acre and with no more than 60 bedrooms per acre, and specifically, only on the 8.28 acres on the south side of Northpark Boulevard, east. of University Parkway, as designated in General Plan Amendment No. 01-06. In the event that the project no longer houses California State University, San Bernardino students or is demolished, further use of the site will revert back to the underlying land use district policies and standards. Section 19.04.020, Table 04.01 (1.) add: RE RL RS RU RM RMH RH RSH T. Student Housing Complex X X X X X X X C Section 19.04.030, Table 04.02, Residential Development Standards, add a column labeled RSH, as follows: Lot Area Maximum Units/Gross Acre 20 (60 bedrooms) Lot Area 5 ac. Lot Width (feet) 150 Comer Lot Width 150 Lot Depth (feet) 150 1 Front Building Setback (feet) 40 Rear Building Setback (feet) 20 Side Building Setback (feet) 30 Side Building Setback Street Side (feet) 30 Building Lot Coverage (Maximum %) 50 Distance Between Buildings (feet) 25 Outdoor Useable Living Space (s.f.) 35% of unit size* *A minimum of 5% of the outdoor living space must be private (balcony or patio), and a minimum of 25% of the outdoor living space must be common useable space (not including parking lot landscaping, or landscaped setback areas). The balance (5%) may be either common or private useable open space. See Chapter 19.04, Section 19.04.030 (2.) (U.)(3.) Maximum Structure Height in stories (feet) 4 (56) Maximum Average No. of Attached .Dwelling Units 30 Chapter 19.04, Section 19.04.030, Table 04.03, Residential; Districts Specific Standards, add U. Student Housing Complex in the RSH district. Chapter 19.04, Section 19.04.030 (2.) U. Student Housing Complex 1. Student Housing complexes are only permitted in the Residential Student Housing District on lots within 500 feet of California State University, San Bernardino, and on only the 8.28 acres on the south side of Northpark Boulevard, east of University Parkway, as designated in General Plan Amendment No. Ol -06. 2. The minimum unit sizes shall be as follows: • 1-bedroom 600 square feet • 2-bedroom 800 square feet • 3-bedroom 1,000 square feet • 4-bedroom 1,200 square feet 3. Student housing complex units may be up to 20% smaller than the minimum dwelling unit size prescribed above if a common area is provided on each 2 floor. The common area shall be no less than 300 square feet, and shall include: a television set sofa and chairs; or a game table (pool table, card table, etc.), chairs and a sofa; desks, chairs and computer access facilities; or other such amenity as is consistent with an area used for common social activity, subject to approval by the Planning Commission. 4. All student-housing complexes shall provide 35% of each unit size as useable open space for passive and active recreational use. A minimum of 5% of the outdoor open space must be private (balcony or patio), and a minimum of 25% of the outdoor open space must be common useable. The balance (5%) may be either common or private useable open space. Useable open space areas shall not include: right-of--ways; vehicle parking areas; areas adjacent to or between any structures less than 15 feet apart; or slope areas greater than 8%. Useable open space areas shall be delineated on project site plans, and total square footage in open space shall be listed on the site plan. 5. Every bedroom shall be wired for computer Internet access in addition to telephone access. 6. Every bedroom shall be equipped with an individual lock for use only by the tenant. Master keys shall be maintained for each building. 7. All student housing complexes shall provide indoor and outdoor recreational amenities within the site which may include: a swimming pool; spa; clubhouse; picnic shelter and barbeque area; court game facilities such as tennis, basketball, volleyball or racquetball; improved softball or baseball fields; or such other similar facilities as approved by the Planning Commission. The amenities shall be equivalent to a minimum of 50 square feet per resident. The type of amenities shall be provided according to the following schedule: Bedrooms No. of Amenities 0-25 0 26-100 1 101-200 2 201-300 3 301-400 4 Add one amenity for each 100 additional bedrooms or fraction thereof. 8. One off street parking space shall be provided for each bedroom, plus 3 uncovered off-street guest parking spaces per 100 rooms. A minimum of 65% of the parking spaces shall be covered. The balance of the parking spaces shall be shaded by trees in such a manner that all parking spaces shall be fully shaded within 5 years of construction of the project. 3 9. Common laundry facilities at a ratio of one full size washer and one full size dryer per 10 units, and consistent with the Uniform Building Code shall be provided on each floor. 10. Access to student housing complexes shall be limited through the use of fencing or walls with locked gates. Gates shall be equipped with either key or card access and an intercom system for guests. 11. Each building within a student housing complex shall be locked, and equipped with either key or card access and an intercom system for guests. 12. A professional, non-student resident manager shall live within each project. In addition, a resident student manager, working a minimum of 16 hours a week, shall be provided for each floor of each building. 13. Management and security plans shall be submitted for review and approval by the Development Services Department and Police Department. 14. Each lease shall be for a minimum of one academic year. Short-term tenancy during the summer months may be permitted, with the approval of a Temporary Use Permit. No month-to-month tenancy or sub-letting of individual rooms shall be permitted. 15. The applicant shall enter into and continuously maintain an affiliation agreement with California State University San Bernardino ("CSUSB") and shall provide the City with a copy of such affiliation agreement prior to the approval of any building or grading permit for the project. The affiliation agreement shall include, but not be limited to, the following: a. Require that the project conform to CSUSB on-campus housing policies. Require that all tenant leases incorporate CSUSB on-campus housing policies. b. Require that the design, engineering and construction of the project be approved by CSUSB. c. Grant CSUSB an option to purchase and a right of first offer to purchase the property and the project at fair market value with a guazanteed minimum and maximum price. d. If a court finds that the project cannot limit the residents to students of CSUSB, then CSUSB shall have an immediate right to purchase the property at fair market value and, if it elects not to so purchase, then CSUSB shall have the immediate right to lease the property at fair market value so that the property will be part of the CSUSB campus 4 and therefore occupancy can be limited to students. If CSUSB does not exercise either right on the property, then the property and project must continue to conform to all requirements in this Development Code and in the affiliation agreement except the requirement that the project limit residents to students of CSUSB. e. If the affiliation agreement is terminated either mutually by the parties, or unilaterally by the property/project owner, then CSUSB shall have an immediate right to purchase the property at fair mazket value and, if it elects not to so purchase, then CSUSB shall have an immediate right to lease the property at fair market value so that the property will be part of the CSUSB campus and therefore occupancy can be limited to students. If CSUSB does not exercise either right on the property, then the property must convert to a use consistent with the underlying General Plan Land Use District. £ Require that any successor in interest to the property and project, prior to the conveyance of title, enter into an affiliation agreement with CSUSB, the contents of which shall conform to the requirements of this section. 5 EXHIBIT 6 CONDITIONAL USE PERMIT NO.02-18 AMENDED CONDITIONS OF APPROVAL 1. Within two years of development approval, commencement of construction shall have occurred or the permit/approval shall become null and void. In addition, if after commencement of construction, work is discontinued for a period of one year, then the permit/approval shall become null and void. 2. The review authority may, upon application being filed 30 days prior to the expiration date and for good cause, grant aone-time extension not to exceed 12 months. The review authority shall ensure that the project complies with all current Development Code provisions. 3. In the event that this approval is legally challenged, the City will promptly notify the applicant of any claim, action, or proceeding and will cooperate fully in the defense of the matter. Once notified, the applicant agrees to defend, indemnify, and hold harmless the City of San Bernardino (City), the Economic Development Agency (EDA), any departments, agencies, divisions, boards or commissions of either the City or EDA as well as predecessors, successors, assigns, agents, directors, elected officials, officers, employees, representatives and attorneys of either the City or EDA from any claim, ' action or proceeding against any of the foregoing persons or entities. The applicant further agrees to reimburse the City and the Economic Development Agency any costs and attorney's fees which the City or the Economic Development Agency may be required by a court to pay as a result of such action, but such participation shall not relieve applicant of his or her obligation under this section. The costs, salaries, and expenses of the City Attorney and employees of his office shall be considered as "attorney's fees for the purpose of this condition. As part of the consideration for issuing this permit or approval, this condition shall remain in effect if this Conditional Use Permit is rescinded or revoked, whether or not at the request of the applicant. 4. Construction shall be in substantial conformance with the plan(s) approved by the Director, Development Review Committee, Planning Commission or Mayor and Common Council. Minor modification to the plan(s) shall be subject to approval by the Director through a minor modification permit process. Any modification which exceeds 10% of the following allowable measurable design site considerations shall require the refiling of the original application and a subsequent hearing by the appropriate hearing ' review authority if applicable: a. On-site circulation and parking, loading and landscaping; b. Placement and/or height of walls, fences and structures; 1 Conditional Use Pemtit No. 02-18 Conditions of Approval Page 2 of4 c. Reconfiguration of architectural features, including colors, and/or modification of finished materials that do not alter or compromise the previously approved theme; and, d. A reduction in density or intensity of a development project. 5. No vacant, relocated, altered, repaired or hereafter erected structure shall be occupied or no change of use of land or structure(s) shall be inaugurated, or no new business commenced as authorized by this permit until a Certificate of Occupancy has been issued by the Department. A temporary Certificate of Occupancy maybe issued by the Department subject to the conditions imposed on the use, provided that a deposit is filed with the Public Works Division prior to issuance of the Certificate, is necessary. The deposit or security shall guarantee the faithful performance and completion of all terms, conditions and performance imposed on the intended use by this permit. 6. This permit or approval is subject to all the applicable provisions of the Development Code in effect at the time of approval. This includes Chapter 19.20- Property Development Standards, and includes: dust and dirt control during construction and grading activities; emission control of fumes, vapors, gases and other forms of air pollution; glare control; exterior lighting design control; noise control; odor control; screening; signs, off-street parking and off-street loading; and vibration control. Screening and sign regulations compliance are important considerations to the developer because they will delay the issuance of a Certificate of Occupancy until they are complied with. Any exterior structural equipment, or utility transformers, boxes, ducts or meter cabinets shall be architecturally screened by wall or structural element, blending with the building design and include landscaping when on the ground. 7. The outdoor recreational amenities for the proposed project shall total a minimum of 24,000 square feet. At a minimum, the site plan shall be amended to include 2 picnic tables at each barbeque; the addition of at least one bazbeque and 2 picnic tables on the west side of building II. The outdoor recreational amenities and site area for same shall be reviewed and approved by the Community Development Director prior to issuance of building permits. 8. Prior to the issuance of building permits, the applicant shall demonstrate, to the satisfaction of the Community Development Director, that a total of 494 dedicated parking spaces have been provided for the project. 9. All unsecured parking spaces shall be clearly marked "Village Tenant Pazking Only" or "Village Guest Parking Only." 10. Should the project construction be phased, all perimeter landscaping on all sides of the property shall be installed prior to the issuance of a Certificate of Occupancy for the first building on the site. Conditional Use Permit No. 02-18 Conditions of Approval Page 3 of 4 11. Should the project construction be phased, all security gates and fences shall be installed prior to the issuance of a Certificate of Occupancy for the first building on the site. 12. Should the project construction be phased, all build-out recreational amenities shall be installed (including the community center) prior to the issuance of a Certificate of Occupancy for the first building on the site. 13. Should the project construction be phased, all unbuilt areas shalt be landscaped with, at a minimum, grass and shade trees prior to the issuance of a Certificate of Occupancy for the first building on the site. An interim landscaping plan shall be submitted to the Community Development Director for review and approval prior to the issuance of the first building permit on the site. 14. All parking lot and project lighting shall conform to the standards of the San Bernardino Development Code. The project proponent shall submit a lighting plan to the Planning Division for review and approval prior to the issuance of building permits. 15. The Management/Security Plan shall be submitted for review and approval by the Development Services Department and Police Department, prior to issuance of a Certificate of Occupancy. 16. A professional, non-student resident manager shall live within each project. In addition, a resident student manager, working a minimum of 16 hours a week, shall be provided for each floor of each building. This provision shall be included in the Management Plan. 17. Each lease shall be for a minimum of one academic year. All tenant leases shall incorporate California State University San Bemardino's on-campus housing policies. Short-term tenancy during the summer months may be permitted, with the approval of a Temporary Use Permit. No month-to-month tenancy or sub-letting of individual rooms shall be permitted. This provision shall be included in the Management Plan. 18. The following shall be included in the building plans and the ManagemenUSecurity Plan as applicable: • Every bedroom shall be wired for computer Internet access in addition to telephone access. • Every bedroom shall be equipped with an individual lock for use only by the tenant. Master keys shall be maintained for each building. • Common laundry facilities at a ratio of one full size washer and one full size dryer per 10 units, and consistent with the Uniform Building Code shall be provided on each floor. Conditional Use Permit No. 02-18 Conditions of Approval Page 4 of 4 • Access to student housing complexes shall be limited through the use of fencing or walls with locked gates. Gates shall be equipped with either key or card access and an intercom system for guests. • Each building within a student housing complex shall be locked, and equipped with either key or card access and an intercom system for guests. 19. An affiliation agreement with California State University San Bernardino in compliance with Development Code Section 19.04.030(2)(0)(15) shall be provided prior to issuance of any building or grading permit. 20. The conditions of approval and affiliation agreement for CUP 02-18 shall be recorded against Assessor's Parcel Number 0266-115-15. 21. Signage is not included in this permit. Prior to the construction of any signage on the site, the project proponent shall submit a sign permit to the Planning Division for review and approval. 22. A minimum 50-foot building setback shall be provided from the Devil Creek Flood Control District right-of--way. 23. A 6-foot decorative block wall shall be constructed along the Flood Control District right-of--way adjacent to the site. 24. Prior to encroachment on Flood Control District right-of--way, a permit shall be obtained from the District's Flood Control Operations Division, Permit Section. 25. The mitigation measures outlined in the Mitigation Monitoring and Reporting Program are applicable. 26. This permit or approval is subject to the attached conditions or requirements of the following City Departments or Divisions: • Development Services Department -Plan Check Division • Development Services Department -Public Works Division • Public Services Department -Refuse Division • Water Department • Fire Department M1 '~~~' ~'`~~~'' Calikornia Stace Unicersin~, San Bernardino OFFICE O F THE P R E S I D E N T 5500 Unicersin~ Parkwa} (909)880-5002 San Bernardino, CA fax: (909) 880-5901 92407-2397 entail: akarnigv~viley.esusb.edu November 1, 2002 ' James F. Penman, Esq. City Attorney 300 N. "b" Street, Sixth Floor San Bernardino, CA 92418 Dear Mr. Penman: Thanks for the opportunity to chat earlier this afremoon regarding the development of student housing across the street from the university. As I suggested in our conversation, the university plans to employ the proposed student housing in perpetuity, and the additional housing will serve as an integral component of the university's long-term plan. In fact, this housing will prove invaluable both in the near-term and long- term to further the mission of the university. Please let me know if you have any questions. Thanks once again for your thoughtful assistance. Sincerely, v ~ r" ~ Albert K. Karni~ President Entered into 8eeor/ N N oZ CouncillCmyDevCm= (lnlt~ by 1/'.r..K~.e.H.~ re Age~tda Ite 33 ~i ~,c~,~2 ,gl. (:Q.avt-~- City ClerkICDC Secy City of San Bernardino ~ 33 y e~ The California State Univrrnry Bake~dd • Channel ltlandt • Chico • Dwaingur Hilh • Fnmo • Fn[Inton • Haywalri • HumhoUt • long Btacb • Inr Angekt • Maririrne dcaJtmy • Montnry Bay Nalzhri~ge • Pamano • Sacranltnto • San Be3narAino • San Diega • San Francitco • San Jett • San Lalr Ohit/w • San bfarcar • Sanolpa • Stanittaar tSl11D1L A * * FOR OFFICE IISE ONLY -NOT-A P116L1C DOCl1gMENT * * • '` i-. .~..eR•i i y`55.. 'r i~~~.. i-SY°+MV. 2~F; -. CITY OF SAN BERNARDINO = CITY CLERK S OFFICE RECORDS & INFORMATION MANAGEMENT PROGRAM _ AGENDA ITEM TRACKING FORM ~1 Meeting Date/Date Adopted: 11 ~l ~/6 ~' Item No. I Resolution/Ordinance No. MC - lI 3 Z Ordinance Urgency: Yes /~No~ Effective Date: /~~/9 ~a y Termination/Sunset Date: ir~~ Vote: Ayes: /r~~_ Nays: -~- Abstain: LS- Absent:_~ y /l ~/4 2_- Date Returned from lvlayor: ~/ 2 /% </~ Date Sent to Ma or: Date of Mayor's Signature: ~ 2 U Date of Clerk's Signature: / Z U o L Date Summary Sent to A orney: // S z.. Date Summary Returned from Attorney: ~ ZV ~Z_ Date Published: ~/ 2'S ~ Z Meeting Type: Date Seal Impressed: / y 0 6 Continued FromlTo & Item No. Date Sent for Signature: ~ To Whom: Expiration Date: Date ned: Copies Distributed To: ~ S z ~/'f ~/ S. Q , a Exhibits Complete & Attached to Resolution/Ordinance: Reminder letter Sent: Reminder Letter Sent: ' Reminder letter Sent: Request for Council Action & Staff Report Att ched: Yes No i Notes: _ C7 Z Ready to File: Date: DOCUMENT IOUnOM. fUMtYApdi tam iadun~ fam • CC ram N0. t t l . IH Upload: ty0Ui9%