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HomeMy WebLinkAbout16-Public Works -- - C~TY ~OF SAN BERN~bINO - RI!QUI!ST ~R COUNCIL ACTION From: Brad L. Kilger, Director of Plann~n~rr. Roger Hardgrave, Direct<<fOO!.-ADM1~: Public Works 1989 FES 28 11M \0: 12 Planning/Public Works February 13, 1989 Dept: Dm: Development Permit Timing Resolution for ,the Verdemont'Area Mayor and Council Meeting March 13, 1989, 2:00 p.m. Synopsis of Previous Council action: On February 6, 1989 the Mayor and Council adopted financing strategies for certain public improvements in the Verdemont Area. In that February 6, 1989 supporting staff report, it was indicated that a resolution concerning the timing of permit issuance would be presented for Council consideration. Recommended motion: Adopt. r~~o~~tion. , ' gn Roger Hardgrave Con~~~rwn: Brad L. Kilger, Roger Hardgrave Supporting da~ attached: Staff Report, Resolution FUNDING REQUIREMENTS: Amount: n/a Source: (Acct. No.) (Acct. DescriDtionl Council No*: Phone: 384-5057, 384-5025 Ward: n/a Finance: .. IL .CiT'Y OF SAN BERNaDINO - REQUEST F~ COUNCIL ACTION STAFF REPORT subject: Development Permit Timing Resolution for the Verdemont Area. Mayor and Council Meeting of March 13, 1989 On February 6, 1989, the Mayor and Common Council ~dopted financing strategies for certain public improvements 1n . the Verdemont Area bounded by Little League Drive on the west, the alignment of Cable Canyon Creek on the south, Devil's canyon on the east and the National Forest boundary on the north. In that February 6, 1989 supporting staff report, it was indicated that a. resolution concerning the time of development permit.issuance would be presented for Council consideration. . The reason for the adoption of this resolution is the timely protection of public health and welfare. The Bailey Creek and Chestnut Avenue storm drain improvements are needed to be constructed in the Verdemont Area for full protection of the public prior to any additional development in the affected Verdemont drainages. The attached policies concerning implementation timing of these improvements and development permits reflect this requirement. Interim protection measures are allowed if those measures are reviewed, approved and constructed prior to the issuance of permits. . In addition, policies have been formulated concerning the requirements for development of the Chestnut Avenue storm. drain easement, street improvements, and participation in the assessment district for the construction. of the Palm Avenue Box Culvert at Cable Creek and the traffic signal at .palm Avenue and Kendall Drive. It is recommended that the resolution (Attachment C) concern- ing the policies outlined in Attachment D be adopted. Prepared by: John Montgomery, AICP, Principal Planner for Brad L. Kilger, Director of Planning and Roger R. Hardgrave, Director of Public Works. Attachment A February 6, 1989 Community Development Depart- ment Staff Report B Interoffice Memo Concerning Chestnut Avenue Right-of-Way C Resolution of Adoption D Verdemont Area Development Permit Policies mkf/2/13/89 M&CCAGENDA: DEVPERM!TTRACK CITY"OF IAN .RrOdIDINOA~HMR.Q".T .. COUNCIL MTION ; STAFF REPORT on June 20, 1981, the Mayor and CODOn Council took an action directift9 the d"'elopaent of a financill9 plan for the con- atruction of certain public iaprov...nta in the. Verc!aont Area bounded by Little League Drive on the WMt, the align- ment of cable canyon Creek on the aouth, Devil'a canyon on the eaat and the National Forest boundary on the north. The illlprov..ents included in the Council action are as followa: 1. Palm Avenue Box CUlvert. 2. Bailey canyon Storm Drain and Debris Basin. 3. Chestnut Avenue Storm Drain and Debris Basin. 4. Traffic Siqnal at Palm Avenue and Kendall Drive. 5. Installation of curbs and gutters, along with full width street improvements at the following locations: a) Pal. Avenue - from Kendall Drive to Ohio Street. b) Irvinqt:on Avenue - from Chestnut Avenue to Pine Avenue. c) Belmont street - from Chestnut Avenue to Pine Avenue,. d) pine Avenue - from Belmont Avenue to Ohio street. A timeframe of six (6) months was given for the development and adoption of said financing plan. Discussion OVer the last five and one-half months the vast majority of staff work, meetings and analysis haa centered around the Chestnut Avenue storm drain and debris basin, the Bailey Creek storm drain and debris basin and the construction of the "New Pine Avenue" extension. Early on in the process, a staff consensus ,was developed relative to the Palm Avenue box culvert, the various streets improvements and the traffic signal at Palm Avenue and Kendall Drive. The proble_, however, associated with the two storm drains and the "New Pine" extenaion were more intractable in nature and revolved around identification of up-front funding for the Chestnut Avenue storadrain, the acquisition of private property ,by the state Department of Water Resources, the owner of which was slated to put in much of the Bailey Creek storm drain, and the litigation involving the Shadow Hills limited partnership which affects the "New Pine" extension. With respect to the Chestnut storm drain, initially the most effective'and popular proposed solution was an inter fund transfer between the Sewer Line Construction Fund and the storm Drain Master Plan Fund. The sewer fund contains 1/6/89 1 - c .....,i '. ZOU9hly 3.5 .1111on dollan, and vith tha .tom dr.in utl..teeS to coat 1.3 .1111on4011an, it: va. antioipated the loan to" the .t:om drain fund would not illpaGt: any projeot. 8OheeSul.d in the t-elliat. fUture. Moreover, it va. felt the loan fro. the ....r fund could be repaid vit.b intare.t in rive t:o .wen (5-7) ye.n. After initially pa..ing 189al " review, .taff ya. infomed that .uch a propoaeeS inter fund tran.fer violateeS Section 53077 of the govarnMnt code, which apparently explicitly prohibit. .uchtranafan. About the .... tiM a. the pro.pect. for up-front fUnding for ~e Che.tnut .tom drain d1-.d considerably, .taff va. infomeeS that the state Depart:llent of Water Ruource. planned to acquire froa Monnig .Development, Inc., approxillately sixty .even (67) acre. bounded by VereS_ont Drive on the north, pine Avenue on the east, Ohio street on the .outh and Olive Avenue on the west for the construction of a second after bay at Devil'. Canyon. This turn of events threv into que.tion ~e construction of the Bailey Creek storm drain fro. Walnut Avenue on the south to Verdemont Drive on the north. Monnig va. planning to build approximately 215 hoae. andvould have completed the section of Bailey Creek fro. Walnut to Verdemont as a condition of development. Two ..etings conducted with the Department of Water Resource. and the san Bernardino" Municipal Water Department lead staff to believe ~at these and other ancillary improvements will be completed by the Department of Water Resources during the construction phase of the second after bay. Ona of the major street improvement projects identified for the area was the construction of "New Pine" Avenue beginning just south of Irvington and moving southwesterly to Kendall Drive. "New Pine" was to be put in by the Shadow Hill. limited partnerShip in connection with the conatruQtion of" approximately 318 apartment units. Unfortunately, thb project is connected with the litigation between the City and the Shadow Hill. limited partnership and will not go forward; if at all, until the legal issue. have been resolved. Recommenda~ion.. @1. Palm Avenue Box CUlvert: The estimated "cost of construc- tion is $636,000*. The recommended method of financing is through thee.tablishment of an area-wide assessment district. The design phase is being handled by Monnig Development, Inc, and i. near completion. It is recom- mended that the Mayor and Common Council authorize the Director of Public Works/Ci~ Engineer to proceed with the formation of an assessment district. . "~'~ Bailev Creek Storm Drain and Debris Basin: The estimated ~~cost of construction from Walnut north to the upstream terminus i. $1,300,000*. The State Department of Water ~esources has committed to installing a trapezoidal concrete-lined storm drain from the center line of Ohio Street to an area north of Verdemont Drive. The best 1/6/89 2 c ""'-"'\, -J locaUon for tbe debris badn t. north of ftate owecI . property. b neb, the state b unwi1liD9 to inCur thb expen.e withou~. further dbcu.ion. The Director of Public woru ncaMnd. tba~ the state put in the debri. badn. ..ff b optiabUc about the state financiD9 the . con.tructlon of the debri. ba.in. Monnig o.velopent, Inc., will eoaplete the .ection of the channel frea Walnut Avenue ncrt.r1 to the center line of Ohio Avenue (thi. .ecUon of the channel au.t be COIIpleted prior to the . state ccmaenciD9 work on the .ecUon north of Ohio). Unle.. the City conteaplatu financiD9 the debri. badn, no financial aadatance b required. COnlficlerable coordinaUon and con.ul taUon i. required between the water, Planning and Public Wora Departaenta and stata Depart:llent of Water Re.ource. for the efficient caapleUon of this project. A good foundation for these con.ultation. already exist.. . Q Chestnut Avenue storm Drain and Debri. Ba.in: The esti- . \:! mated co.t of con.truction fro. cable Creek to Ohio Avenue . is $1,370,000.. The reco_ended IIl8thod of financing i. . through the foraation of an, as.essment di.trict in the Chestnut .tora drain benefit area. The Planning Departaent advises that there are 109 exi.tina Iota with 1,721 dw.lling units allowed und.r the RS d..ignation and 107 under Bill.ide Management~ Thi. give. a total of 1,937 (109 exi.ting, 1,828 n.w) which could be a.....ed annually for r.tiring the bonded indebtedn.... (Billsid. Manage.ent has be.n calculat.d at one (1) unit per acre /\ and RS has been calculated at 2.98 unit. per gro.. acre.) (4 .Jrattic Sianal at Palm Avenue and Kendall: Tbe e.ti_ted . o.t of construction i. $120,000.. The need forthi. improvement has not been ..tabli.hed through noraal traffic .tudie.. As such, Caltran. will not pay ..int.n- ance co.t. once the .ignal i. con.tructed. Moreover, the City has DQt collected fee. for this particular iaprove- ment, whieb i. important inasmuch a. the reco_ended IIl8thod of financing i. through the foraation of an a.....m.nt district in conjunction with the Pal. Av.nu. box culvert. A. with the box culvert, it i. r.co_nded that all property owner. within the target ar.a be ass...ed equally the engin..ring and construction cost. ot the traffic .ignal. Monnig Dev.lopment has substantially . compl.ted the de.ign phase of this improvem.nt. . \ ~Full-Width str.et YmDrovements on Palm Avenue troll. Kendall ~'t.o Ohiol.Irvin~on AvanU8 fro. Chestnut: 1:0 Pln.,.Belmon1: Street. frOll Ch...t.nut. t.o Pine, and pine Avenue f'roa Belmoni: to Ohio: It is reco_ended that the street improvements . on Palm, Irvington and Belmont be a standard condition of developlllent for developers/property owner. possessing laneL.---- in the affected area.. Virtually all of the proposed----- improvements involve, as yet, undeveloped land. The . proposed improvements should be a normal requirement of developlllent. 1/6/89 3 r- '- ;'"<, .....", . .. Ancillarv raft1"ftV__"t.SI '1"be.. !.proveMJlU will be COftBtructed a. a r_ult of developaent, the DepartMnt of Water ReBOUrCe8 after bey project and cooperation between the. Water and eo.aunity Developaent Departaenu. With the exception of the iaprov...nt. on the ...t .ide of piftB Avenue fftlIt 8elaont to Obio, all !.provoenu will be COftBtructe4' at no cost to the city. street Iaprov...ntsr a) Garfield street frea Pal. to Olive andBUntington street froa Verdeaont to Garfield to be financed and constructed by Monnig Development, Inc. b) The east side of Palll Avenue frea Obio to Verd..ont to be financed and constructed by Monnig Developaent, Inc. c) The north side of Ohio street from olive to Pine to be financed and constructed by the Department of Water Resources. . . !~The east side of pine Avenue froll Belmont to Obio. The ~ Water Department bas agreed to finance the construction of curb, gutter and sidewalk on Pine frea Bel.ont to Redwood. In addition, the Director of c~ity Development bas agreed to recommend to t:!le Mayor and Common Council CDBG funding for tbeconstruction of curb, gutter and sidewalk on Pine froll 150 feet north of Redwood to Obio. The community Developaent portion of the construction cost is estimated by the Director of Public Services to be $9,285. Th18 project 18 to be constructed by an outside contractor. e) The extension of Pal. Avenue north and northeast to provide access to private property owners, to be financed and constructed by the state Department of Water Resources. Drainage: a) As a result of the after bay construction by the state Departaent of Water Resources, sOlIe 6.5 million cubic .yards of dirt must be moved south of the proposed after bay. Water will drain to Ohio street, requiring the construction of storm drain on Ohio street frea Olive to Pine and south to the Bailey Creek storm drain. This improvement will be financed and constructed by the Department of Water Resources. . General Comments Althougb not noted elsewhere in this report, the financing of the subject improvement. presWlles that where the City has collected fees for affected improvements, the amounts col- lected will be pledged to the engineering and construction of 1/6/89 4 " c ....) ..i4 iaprovaenb. 'l'bi. woU14 involv. the t... ool1eotec1 tor the Pal. Avenue box culvert, the ae.tnut and -Ba11ey Creek .tom drains and the pine Avenue extension. . On January 12 lt1t, the Bnvironaental Review coaaitte. ' conddered thI. it.. and iesued a Mote of Bxellption punuant to section 15262 ot the calitomia Bnvironaental Quality Act. A notice ot ..ld exeaption vill be tiled subsequent to the approval by the Kayor and co.on council of . t1nancin9 stratefi for the above referenced public iaproveaenta. Because the originalaotion adoptad by the Kayor and c~ Council in June, 1988, stipulatad that grading and building perlllits could be issued after the Mayor and Coaaon Council adopted a financing and implementation plan, the consensus of the Development Services Department Heads is that the issues of timing and permit issuance should be considered at the' , February 20, 1989 meeting of the Mayor and COJlllllOn Council. A report on these i.sue., with appropriate recommendations, vill be submitted at that time for consideration by the Mayor and Common Council. I recommend ,adoption of the form motion. t~ . Kenneth J. Henderso Director of COllllllUllity Development KJH/lab/2064 *All construction cost estimate. taken frOll City of San 88mardino Capital Improvement Plan (CIP). ' 1/6/89 5 C I T r ATTACHMENT 8 y~ F 5 A N B ERN A R D ~ 0 INTEROFFICE MEMORANDUM 8902-2101 TO: Tom Minor, Fifth Ward Councilman FROM: Vivian Ray, Planner II DATE: Verdemont Area Plan - Chestnut Avenue Right-of-Way February 3, 1989 . Brad Kilger, Director of Planning ~hn Montgomery, Principal Planner Jim Richardson, Deputy City Administrator Roger Hardgrave, City Engineer Gene Klatt, Assistant City Engineer Ken Henderson, Director of Community Development Henry Empeno, Deputy City Attorney SUBJECT: COPIES: . ------------------------------------------------------------- This memo was prepared to clarify the design of the Chestnut Right-of-Way storm drain. The Verdemont Area Plan designates Chestnut Avenue for potential use as both a recreational and a flood control corridor (Attachment A). This plan was adopted in 1986. In the discussion of potential hazards, the Verdemont Area Plan provides for the installation of storm drains to mitigate the danger of flooding in accordance with the San Bernardino County Flood Control District's (SBCFCD) comprehensive Storm Drain Master Plan, No.7 (Attachment B). In the Flood Control District's plan, Project 7E13 provides for an underground storm drain to be laid in the Chestnut right-of-way. The storm drain plan was prepared in 1982. Based on the hydrology studies prepared at that time, the pipe was required to be 69" in diameter for the northern 2,700 feet. A 72" pipe was required for. the center 1,400 feet and an 81" pipe for the southern 800 feet. This 4,900 foot storm drain would be required to run from a debris basin. in the foothills to Cable Creek to the south (Attachment C). The Verdemont Area Plan states that the mitigation must be installed with development. It further states that as~ess- ment districts may be necessary to finance the costly storm drains and debris basin (Attachment D). Figure 6 of the Verdemont Area Plan shows the Chestnut right- of-way designated as an equestrian/hiking trail (Attachment El. The trails are to be provided as easements and developed by the property owner/developer as the property develops. The Chestnut trail would be a regional trail 12 feet wide. A six foot easement would be required from each of the .properties abutting the vacated right-of-way. C-' INTEROFFICE MEMORANDUM: 8902-2101 Verdemont Area Plan - Chestnut Avenue Right-of-Way February 3, 1989 Page 2 Development of the tract consists of grading and landscaping, stabilizationot any slopes, construction ot barriers tor motorized vehicles and signage. The Verdemont .Area Plan requires that potential buyers be informed of these require- ments with Covenants, Conditions and Restrictions prior to purchase. The property owners .would also be responsible tor the maintenance of the trail (Attachment Fl. The recently approved tracts abutting the Chestnut right-of- way were approved subject to the vacation of the 60 foot right-of-way. The tracts were conditioned to participate in the trail development and to comply with all requirements of the Verdemont Area Plan. . ~. I VIVIAN RAY. Planner II mkf/attachments . ' c . ~ ' -,---' / Improvements to existing streets and construction of new. streets will be done in accordance with City standards with the exception of freeways which meet Caltrans standards. special consideration was also given to the following: Chestnut Avenue: i- Meyers Road: Meyers Road, west of Little League Drive is, in effect, a cul-de sac approximately 1.5 miles in length. This creates an extremely dangerous condition in that residents do not have a secondary means of access nor an emergency evacuation route. Conditions are further endangered by the fact that Meyers Road lies entirely within the High Fire Hazard Zone and does not have adequate fire flow facilities beyond the boundaries of the subdivision at Meyers Creek (Tract 11118) For this reason, the Plan provides for the extension .of Meyers Road to connect with Cable Canyon Road. Details are given in the Final Environmental Impact Report. Frontage Road: When originally designed and built by Caltrans, Frontage. Road was intended to only serve a single residence. The Plan now provides for this street to connect between Little league Drive and Cable Canyon Road. The existing right-of-way is not sufficient for a collector street and additional right- of-way is necessary to provide both paved surface and the parkways. An additional 10 feet of landscaped parkway is needed adjacent to the freeway to provide a buffer. 31 c 'd I / Fire Hazard: The foothills in Verdemont are covered with chaparral which' grows during the spring and early summer and then dries out in late summer and fall. The dry vegetation presents a fire hazard especially during Santa Ana wind conditions. The resulting fires destroy homes, as well as ground cover. Without vegetation, the ground is more susceptible to erosion and landslides when the rains begin in winter. Such was the case with the Panorama fire in 1980 which destroyed over 300 homes and left many'more acres in the foothills bare. The City has established a High Fire Hazard Zone as shown on Figure 8. . Structures in this zone have more' stringent development standards to reduce the threat of fire damage. The Fno~hil1 Cnmmnni~ipR Prnt~ctiV~ 'Gr~pnh~ltl Pro~ram was prepared as a joint effort by several fire control agencies after the Panorama fire. This program, adopted in 1986, establishes a wildfire protection Overlay Zone with three subzones of increasing hazard and appropriate development standards. Figure 9 shows the boundaries of the Foothill Fire Zones and Section V contains the development standards included in the study and adopted by the City. Flood Hazard: Flooding is one of the most widespread and potentially devastating of all. natural hazards affecting Verdemont because so much of the area is subject to. inundation. Devil Canyon and Cable Creek are the two major flood hazard areas. Both are under the management of the San Bernardino County Flood Control District and contain large spreading grounds. All flood control areas are designated as Open Space on the Land Use Map (Figure 2) as well as on the Open Space Map (Figure 13). In order to reduce or eliminate the risk from flood hazards to new and existin develo ment 1n Verdemont, t e P an proves or nsta at on 0 storm rains and other facilities identified in the county's Comprehensive Storm Drain Master Plan No.7 (Figure 10). 55 ) ,0 , , " _/61 '--.~. , I I I I --- '--'I' - .. <:;;" ;'- ~! -' '.". ....~ _ ,iI.' 1JJJ.end PROPOSED CIlIA'" ___ PROPOSED CIIIAIN II"''' ....._.1 __ EXISTING DPEN'DRAIN EXlST.NG Cl.OSED DRAIN , San Bernardino County FLOOD CONTROL DISTRICT Ct' '" ENGINEERING asSOCIATES ........G....., . ... ....("",...... .,,,.,--- _........ Or-.......... ~ COMPREHENSIVE STORM DRAIN PLAN PROJECT NO. 7-E13 DATI SCAU 1".1000' OIAWING NO. 3-82 l.f 3 . . . '" ~HfS~ "VI 81" R C.P 72" ~.C.P. " C P; 1980 ~ ~25.16 cfs ~ ..f~ 02 = 796IC~~ en Op.79 p.796 1960 ill debri! Basin I~ /V 1940 I!; 'Il~ 0 ,1/ < :E . '~I '..- ..... f" ,jV ;:(5 c:c 1920 ;;:;: 0 ,J/ ::;~ :r . N li'/ .., ..... N ~ 1900 < 'e:: - I. 1880 ~ t;; ,f'/.. ~ ~ 11/r:s r:.. 1.'/". ;,.,; u ~ .~ 'ljr.; 1860 ..., 0 0 /11 I '" 0 ..... c:o .,,/ 1840 '/ 1820 9 ound ine....... 1/1 ~I (j . 1800 //) /y/ 1780 /V~ A.'l'.. ~ ~ 1760 .'//~ ,!, / 1740 .f~y /~$ 1720 "/Gt::J 0 10 ~O 30 40 50 San Bernardino County FLOOD CONTROL DISTRICT CtM ENGlNEEIIWG ASSOCIATES . . .....0... IMI ' .... ......".1....... _.",....._ -... ..... Or-. ... _____ c--. COMPREHENSIVE STORM DRAIN PLAN PROJECT NO. 7-E13 DATI SCALI Horiz. 1". 1000' Vert. 1". 40' DI.WINO NO. 3-82 2 of 3 - -- ----- - ..-- . , / 'NIT ESTIMATtD DESCRIPTION QUANTITY UNIT ,At ICE COST ......,". 81" R.C.P. 800 L.F. $ 205.00 $ 164,000 72" R.C.P. 1,400 L.F. 170.00 238,000 . 69" R.C.P. 2,700 L.F. 155;00 418,500 Manholes (Type 2) 6 EA 2,146.00 12,876 Manhole (Type 2) 1 EA 2,294.00 2,294 ~~oles (Type 2) 2 EA 2,264.00 4,528 Manhole (Type 2) 1 EA 2,398.00 2,398 Manhole (Type 2) 1 EA 2,486.00 2,486 Pavement Replacement 68,400 S.F. 1.00 68,400 Subtotal $ 913,482 30% Contingency 274,045 T<JrAL PROJECT NO. 7-E13 $ 1,187,527 San Bernardino County. FLOOD CONTROL DISTRICT C,'" ENGINEERING ASSOCIATES ilIIIII . 0. ... .." ""'12 - ......17M'....... .l"'lllt.~ n. 1_..... c.- s-_____. c....... COMPREHENSIVE STORM DRAIN PLAN PROJECT NO. 7 - E13 DATI OIAWINO NO. I 3-82 COST ESTIMATt 3 of 3 r.....- '- Joint-use agreements between the City Parks, Recreation and Community Services Department and other agencies, such as the San Bernardino City Unified School District, have worked successfully in other areas of the City and are recommended for Verdemont. School buildings can be used for community meetings and playgrounds can be used by neighborhood children when such' use does not conflict with normal school activities. Glen Helen Regional Park is located west of the Verdemont area and is accessible from Devore Road. The Park is approximately 2000 acres in size and contains the Glen Belen Bowl, a large outdoor amphitheater, a fishing lake, camping and hiking and equestrian trails. Glen Helen Park is planned to include facilities such as cycle parks, an international auto raceway and a rifle/skeet range. Utilities: Utility distribution lines for sewer, water, gas, electricity, telephone and cable television are available in limited areas in verdemont at present but are built or extended as development occurs. It will remain the responsibility of developers to provide these facilities at the time of development. In this manner, the cost of providing additional service will be borne by new residents requiring such service. Flood Control Facilities: Several large flood control facilities are found in the Verdemont area. Devil Canyon and Cable Creek are the' major flood hazard areas and are under.the management of the San Bernardino County Flood Control District. The District's Comprehensive Storm Drain Plan No. 7 outlines types of improvements necessary and the priority for completion although very few storm improvements have been constructed to date. Figure.IO.shows the Storm Drain Plan as it applies to Verdemont. The Cit collects storm drain fees and re uires develo ers to mltl ate flood hazar s on a new eve 0 ment. T e im rovements var e en in on location an ro'ect. The ex ense assoclate w1t storm ra1n 1m rovements 1S ver 1 h an ormatlon of an assessment istrict ma be necessar to provi e un ng for tbese improvements. Solid Waste Disposal: Solid waste disposal is provided by the City of San Bernardino and wastes are trucked to the Fontana landfill and 67 ~i CD 1i i ~ . ill H . ;; ~~& .... . 91" ii. ~..~: -J! -: ~rti i,-- - J" -. ~ -Ii hi i1id ~ilo j"s " ~: .= . tlli :l lC j;: .. ! t" jl ~. ..~ .. H .-0 a: l iil .. ~ilj ~ .. oj" .. l'~ : Ua~ oiS ~ .. -. In .. <:l .. . ~ .. . = . !2 . . ,. . , .. u " 0 . . . . . . . . = . . . , i i I 5 1I I I i . .. i .. ~ ,. " . ,. ,;... '-';' ;' .~ " 1 . t' ;-'C. . f .. ,',: " .1 ", : _ .) ~~\r .'.' ," ~1,. . :,~. .; '" .?tU .Il~ ." '~."":'. r:" . ..... "':.. Ft' . f' . "'::---1' ~}( .;. . ~ .. . :. ;....:. ~.... , _', \ ,.. I,' t .~.... ~ . . <tOO' :...... ..... ....: . , i' t .......) .~ '':.-~ ". I" . 1 r') .. .... \ " \ . .......,. !......../. ,. ". ' '. J .: ' :"- . . ."" ..,. .,' - .... \ . . .... -' e.. , ...... ...... , ~'" . - , i . t.'e... "'C..' j ~f:. "- r;:- .. :u., l '. -= . ,--:-. "-Y' ~r.:.J,' -.. . 60. . .... I --"'- I : .... """ .. .. .. ,. .'"' j"" " l 0,;.. Co.,:. 0_.. ~~. . '~~;. .: .....,. . ~L' " ... _. .~ .. '- . 7 l " ":'..... .: 1 ! " , , "-.. . .' o r~ t.~. , .1 " f' ..... ~ . '" .~ . ..... '. . ... '" . . . . .' . , '" . -,.. '. I " , . ..,....:0,0. .. . .:~_rl'I~- ..,,~ .' , .' ..... .:~......~."..\-~.\:,:..-<:~-, .... .~.., , ~ v ...:., .... : ~~/ ...i'~.." " ..;;,~Q~ ~...~ ~"', ,/"11 lV: ..... ' ..;"~ .... ~r.~,,:" - - ..~:~ " ~... l.,">5."..- ...~~ ~. ~v '., J'(' . ,~;. I .~.,,:'~ ~f(}~'" c.>q,. .,~. r;Y "&W~ ...~~~:,~ .... .. ~ )t5 :E w ... '" >- '" ...I - .c ex: ... .. c ,/ EQUESTRIAN/HIKING TRAILS Equestrian/hiking trails shall be provided as delineated on Figure 6. 2. Regional equestrian/hiking trails shall be a minimum of 12 feet in width and local equestrian/hiking trails shall be a minimum of 10 feet in width. All trails shall be constructed of natural compacted materials, decomposed granite or other similar materials. F. 1. 3. Equestrian/hiking trails shall be provided as easements and developed by the property owners/developer of the property that a designated trail crosses. These trails shall be developed as the property itself develops. 5-1.' #A5~I-fEN1 WHE"RE LilTS A8u-r .p/t. IO-/~' TOTAL EASEMENT 4. New trails shall connect to existing trails so that horseback riders/hikers use paved public rights-of-way as little as possible. 5. At grade crossings shall be provided at public rights-of-way. 6. Development of an equestrian/hiking trail shall consist of grading and landscaping, stabilization of any slopes, construction of barriers for motorized vehicles and signage. 7. Conditions, covenants, and restrictions shall be provided to inform potential buyers that an easement for equestrian/hiking purposes exists and that the potential buyer is responsible for maintenance of that easement. :.31 r - ~ ( ,', r, -..J 8. Maintenance shall consist of periodic clearing of brush, weeds and trash. The City shall have the right 'of access for maintenance purposes if the property owner or homeowner's association fails to do so. If the City is required to maintain an equestrian/hik ing trail, it shall be at the expense of the property owner or homeowner's association. 9. Equestrian/hiking trails shall be relatively flat and useable. 10. Where a cut into a hillside is required to provide an equestrian/hiking trail, the adjacent slopes shall be reinforced or planted as per City requirements. PLA>lTfN4 IUCllAll~ ( ",/// 11. Motorized vehicles shall not be permitted on equestrian/hiking trails. Access shall be restricted through the use of a structural barrier at each trail entrance/exit. Structural barriers shall be constructed as follows: sr.,. D'IIIA " 1C/IoJU,D/'oO "&~ ~ . STO. ,,~ rlilU1U6H , CAIUlIAD riD INTO 6tftIlUND 132 10 11 12 13 14 15 16 17 18 19 - f"'" L- ,,""", .-.....; 1 RESOLUTION NO. 2 RESOLUTION OF THE CITY OF SAN BERNARDINO REGARDING THE TIME OF ISSUANCE OF DEVELOPMENT PERMITS IN THE VERDEMONT AREA BASED 3 UPON THE FINANCING STRATEGIES FOR CERTAIN PUBLIC IMPROVEMENTS. 4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 5 SECTION 1. The Mayor and Common Council of San Bernardino, based upon the Interim POlicy Document and the financing strategies adopted by the City on February 6, 1989, for certain 6 7 8 9 public improvements in the Verdemont Area, hereby adopts the "Verdemont Area Development Permit policies", a copy of which is attached hereto marked Attachment "0" anp incorporated herein by reference as though fully set forth at length, and which specifies the time of issuance of development permits in the Verdemont Area. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a meeting thereof, held on the day of , 1989, by the following vote, to wit: AYES: Council Members 20 NAYS: 21 ABSENT: 22 23 City Clerk 24 28 HE/dys February 28, 1989 1 (Attachment "Cn) 3 10 11 12 13 14 15. 16 17 18 19 20 21 22 23 24 25 26 27 28 .~ ~ .,."... RESOWl'ICN . 0 REGARDING THE TIME OF I~ DEVELCI'MENl' PER-lITS IN THE VERI:1MNl' AREA Bl\SED UPCN THE FINAOCING Sl'RATEGIFS FOR CERl'AIN PUBLIC IMPRO\1EMEN.l'S. 1 The foregoing resolution is hereby approved this day 2 of , 1989. 4 5 Evlyn Wilcox, Mayor City of San Bernardino t 6 .Approved as. to form and Legal ~ontent: 7 8 9 JAMES F. PENMAN, City Attorney By:~4J / . HE/dys February 28, 1989 2 - - "-' ...../ ATTACHMENT D Verdemont Area Development Permit Policies The following policies will be in effect during the implementation of the financing strategies for the construction of certain public improvements which were approved by the Mayor and Council on February 6, 1989, for that area of the City bounded by Little League Drive on the west, Cable Canyon Creek on the south, Devil Canyon Creek on the east and the National Forest boundary on the north. 1. Palm Avenue Box CUlvert at Cable Creek & Traffic Siana1 at Palm Avenue and Kendall Drive These two improvements are declared to be public health arid safety improvements, and are to be financed and built by an assessment district or other approved financing plan. A clarification Condition of Approval for Tentative Tracts 13307, 13530, 13603 and 13619 is that the developer or any successor in interest to any portion of the subdivision' shall participate in the establishment of the assessment district or other approved financing plan for these projects and shall sign and record an agreement waiving the right .to protest the establishment of said district or other approved financing plan. Any new subdivision proposal or owner occupied building permit within this assessment district or benefit area boundary shall be conditioned in the same manner as the above tracts. 2. Bai1ev Creek Storm Drain and Debris Basin This\ improvement is declared to be an immediate public health and safety improvement. Clarification Conditions of Approval for Tentative Tract 13619 are that grading and building permits shall not be issued until a construction contract for this project is awarded: and that certificates of occupancy shall not be issued until construction of the project is completed. However, if _..ad~ate interim on-site and off-site . protection meas~ from flooding in the Bailey Creek storm drainage area are approved by the Planning and Public Works Departments, and the protection measures are not a significant change to an approved subdivision, as determined by the Planning and Public Works Directors, then Grading and Building Permits. and Certificates of occupancy may be issued after the approved. interim measures are constructed. The undeveloped section of . the storm drain south of Ohio Avenue shall be a Condition of Approval for the development of that area. Any new subdivision proposal affected by the Bailey Creek storm drainage, as determined by the Public Works Department, shall be conditioned in the same manner as Tentative Tract 13619. Any owner occupied grading or building permit applica- tion affected by the Bailey Creek storm drainage, as determined by the Public Works Department, shall not be C Verdemont Area Development Permit Policies Page 2 ~ issued until a construction contract for this project is awarded I and, the certificate of occupancy for that parcel shall not be issued until construction of ' this project is completed. However, if adequate interim on- site and off-site protection measures from flooding in the Bailey Creek storm drainage area are approved by the Planning and Public Works Departments, and the protec- tion measures are not a significant change to an approved subdivision, as determined by the Planning and Public Works Directors, then Grading and Building Permits and Certificates of Occupancy may be issued after the approved interim measures are constructed. 3. Chestnut Avenue storm Drain and Debris Basin ( \ " /) "-;"-<,- This improvement is declared to be an immediate public health and safety improvement. clarification Condition of Approval for Tentative Tracts 13307, 13530 and 13603 are that the developer shall participate in the establishment of the assessment district or other approved financing plan for this project and shall waive the right to protest the establishment of said district or other approved financing planl that grading and building permits shall not be issued until a construction contract for this project is awarded I and, . that certificates of occupancy shall not be issued until construction of this project is completed. However, if adequate interim on-site and off-site protection measures from flooding in the Chestnut Avenue storm drainage area are approved by the Planning and Public Works Departments, and the protection measures are not .a significant, change to an approved subdivision, as determined by the Planning and Public Works Directors, then Grading and Building Permits and Certificates of Occupancy may be issued after the approved measures are constructed. Any new subdivision proposal within the assessment district or benefit area boundary for this project shall be conditioned in the same manner as the above tracts. Any owner occupied grading or building permit application within the assessment district or benefit area boundary shall not be issued until a construction contract for this project is awarded; and, the certificate of occupancy for that parcel shall not be issued until construction of this project is completed. However,' if adequate interim . on-site and off-site protection measures'from flooding in the Chestnut Ave~ue storm drainage area are approved by the Planning and Public Works Departments, and the protection measures are not a significant change to an approved subdivision, as determined by the Planning and Public Works Directors, then Grading and Building Permits and certificates of Occupancy~be issued after the approved interim measures are. constructed. ,-.. """ -....I Verdemont Area Development Permit Policies Page 3 4. street IIlIDrovements All subdivision proposals or owner occupied grading or building permits shall be conditioned to improve the perimeter boundary streets with pavement and curb and gutter on the side(s) adjacent to the development. A minimum width of 28 feet of paving shall be provided where deemed necessary by the Department of Public Works. A clarification Condition of Approval for Tentative Tracts 13307, 13530, 13603 and 13619 is that the improvement of the perimeter boundary streets of the tracts shall be required so that pavement and curb and gutters are constructed adjacent to the tracts. 2/13/89 MIse: IPDAMEND.PN12 () 1*'''...... -. '-' ATTACHMENT D ~~,;.:) Verdemont Area Development Permit Policies The following policies will be in effect during the imple- mentation of the financing strategies for the construction of certain public improvements which were approved by the Mayor and Council on February 6, 1989, for that area of the City bounded by Little League Drive on the west, Cable Canyon Creek on the south, Devil Canyon Creek on the east and the National Forest boundary on the north. 1. Palm Avenue Box Culvert at Cable Creek & Traffic Sianal at Palm Avenue and Kendall Drive These two improvements ar~ .declared to be public health and safety improvements, and are to be financed and built by an assessment district or other approved financing plan. A clarification Condition of Approval for Tentative Tracts 13307, 13530, 13603 and 13619 is that the developer or any successor in interest to any portion of these subdivisions shall participate in the establishment an assessment district or 01:her approved financing plan for these projects and shall sign and record an agreement which guarantees payment 0': their proportionate share of these improvements at the time of issuance of~~adi~q aHa building permits. Any new subdivision proposal or grading or building permit application for new resiuential construction within this assessment district or benefit area boundary shall be conditioned in the same manner as the above tracts. 2. Bailev Creek storm Drain and Debris Basin This improvement is declared' to be an immediate public health and safety improvement. A clarification condition of Approval of Tentative T~act 13619 is that the developer or any successor in in':erest to any portion of the subdivision shall particip~te in the establishment of an assessment district or o~her approved financing plan for these projects and shall, sign and record an agreement which guarantees payment of their proportionate share of these improvements at the time of issuance of grading and building permits. other clarification Conditions of Approval for Tentative Tract 13619 are that grading and building permits shall not be issued until a construction contract for this project is awarded; and that final inspection shall not be made and utilities cleared until construction of the project is completed. However, if adequate interim on-site and off-site protection measures from flooding in the Bailey Creek storm drainage area are approved by the Public Works Department, and the protection measures are not a significant change to the approved subdivision, as determined by the Planning and ;""""'" Verdemont Area D~elo~ent Permit policies Page 2 "'.,/ '~ ,; Public works Directors, and if all other legal require- ments are met, then Grading and Building Permits shall be issued, and final inspection shall be made and utilities cleared after the approved interim measures are constructed. Any new subdivision proposal or grading or building permit application for new residential construction affected by the Bailey Creek storm drainage, as determined by the Public Works Department, shall be conditioned in the same manner as Tentative Tract 13619. The construction of the undeveloped section of the storm drain south of Ohio Avenue shall be a Condition of Approval for the development of the area. 3. Chestnut Avenue storm Drain and Debris Basin This improvement is declared to be an immediate public health and safety improvement. A clarification Condition of Approval for Tentative Tracts 13307, 13530, and 13603 is that the developer or any successor in interest to any portion of these subdivisions shall participate in the establishment of an assessment district or other approved financing plan for these projects and shall sign and record an agreement which gurantees payment of their proportionate share of these improvements at the time of issuance of grading and building permits. Other clari- fication Conditions of Approval for Tentative Tracts 13307, 13530 and 13603 are that grading and building permits shall not be issued until a construction contract for this project is awarded; and, that final inspection shall not be made and utilities cleared until construction of this project is completed. However, if adequate interim on site and off-site protection measures from flooding in the Chestnut Avenue storm drainage area are approved by the Public Works Department, and the protection measures are not a significant change to the approved subdivision, as determined by the Planning and Public Works Directors, and if all other legal require- ments are met, then Grading and Building Permits shall be issued, and final inspection shall be made and utilities cleared after the approved measures are constructed. Any new subdivision proposal or grading or building permit application for new residential construction within the assessment district or benefit area boundary for this project shall be conditioned in the same manner as the above tracts. ~. 1''''',", Verdemont Area D~lo~ent Permit Policies Page 3 "'./ 4. street Imorovements All subdivision proposals and all grading or building permit applications shall be conditioned to improve the perimeter boundary streets of the subdivision or lot with pavement and curb and gutter. A minimum width of 28 feet of paving shall be provided where deemed necessary by the Department of Public Works. Waivers of this requirement may only be granted by action of the Mayor and Common Council. 4/13/89 MISC:VERDPOLICIES - - - - ,-. , -- o -.....,/ :) Southwest Builders, Inc. 445 S. Arrowhead Ave., Suite B, San Bernardino. CA 92408 (714) 885.;)535 Apri I 14, 1989 Shauna Ciark City Clerk City of San Bernardino 300 North 'D' Street City of San Bernardino, CA 92418 RE: Verdemont Area Development Permit Policies Dear Ms Clark: On February .6, 1989, the Mayor and Council approved the Verdemont finance strategy for the construction of certain Public Improvements known as Palm Avenue Box Culvert and Traffic Signal at Palm Avenue and Kendall Drive, Bailey Creek Storm Drain and Debris Basin and Chestnut Avenue Storm Drain and Debris Basin. 'Attachment D, Verdemont Area Development Permit Policies', attached hereto, as prepared by the Planning Department, appears to be an attempt at clarifying how Permits are obtained. After carefully reading the policy, I feei the policy Is unclear regarding conditions necessary to Issue permi ts. According to 'Attachment D, Verdemont Area Development Permit Policies' Planning Staff has concerns that we will make significant design changes in Tentative Tract maps during the final engineering. Planning assumes design changes might be necessary to mitigate interim on-site and off-site protection which would allow the final designed tract map to protect itself. Current policy makes it clear that all developments must protect themselves from hazards such as flooding, wind, fire, etc. and these concerns are mitigated during the planning review process. The lead department for all Development applications in the City of San Bernardino is the Planning Department. The Planning Department reviews every Development Application including our Tentative Tract Map. Included in the development review proess, are written comments from City Departments, including Building and Safety, Parks & Recreation, Water, Fire and Engineering. After all departments submit their written comments to Planning, the Planning Department then prepares a written report and recommendation for denial or approval. This report is then presented to the Environmental Review Committee (ERC). During the hearing, the Environmental Review Committee, which includes representation from the Engineering Department, makes recommendations and/or votes for denial or approval of the project. At this point the development project is forwarded to the Planning Commission along with a recommendation for approval from Planning and ERC. /0 C 0 - '-' :> I'Ipr! I 14. 1989 RE: Verdemont I'Irea Development Permit Policies Page: 2 I can assure you. during all of the processing and reviewing, staff makes recommendations and design changes, addressing public safety Issues such as Chestnut Storm Drain & Palm I'Ivenue Box Culvert. Our Tentative Tract Map as presented to the Planning Commission and City Council for final approval has incorporated all recommendations and design changes as requested by staff. To reassure Planning Staff NO changes have occured in our Tract Map, I will be more than happy to provide the Planning Director with a copy of our Tract Map which Is now in plan check with Public Works and Engineering On more than one occasion, I have stated my Willingness to participate in the Verdemont financing strategy by written agreement to pay our fair share of fees as required for the construction of Chestnut Storm Drain & Debris Basin and Palm I'Ivenue Box Culvert and Traffic Signal. What we are not willing to do. is agree to recondition our Tentative Tract Map with UNCLEI'IR conditions requiring us to participate without guarantees or agreements which include CLEI'IR CUT conditions for issuance of Grading Permits. Building Permits. Certificates of Occupancy and instructions to all staff personnel to continue processing without delays due to confusion over the Verdemont Financing strategy. When the Engineering Department has established the cost of the above improvements and a fee schedule is approved, we will be the first to participate. If for any reason a fee schedule is not adopted by the Council prior to our completion of final engineering and issuance of permits as described above. we will sign an agreement to payor bond an approved interim fee prior to issuance of Certificate of Occupancy. 1'111 of us would like to bring the Verdemont Financing Strategy to a conclusion. I feel from the beginning we have always lived up to our part of the agreement, In exchange we request your continued support in our effort to reach an equitable agreement. Sincerely, ~ f)Lv/J'C-~.. John Edwins ,,-.. I"""'. '- '-' ."'~"... -....I ~ ATTACHMENT D 4/13/89 Verdemont Area Development Permit policies The following policies will be in effect during the imple- mentation of the financing strategies for the construction of certain public improvements which were approved by the Mayor and council on February 6, 1989, for that area of the city bounded by Little League Drive on the west, Cable Canyon Creek on the south, Devil Canyon Creek on the east and the National Forest boundary on the north. 1. Palm Avenue Box Culvert at Cable Creek & Traffic Sianal at Palm Avenue and Kendall Drive These two improvements are declared to be public health and safety improvements, and are to be financed and built by an assessment district or other approved financing plan. A clarification Condition of Approval for Tentative Tracts 13307, 13530, 13603 and 13619 is that the developer or any successor in interest to any portion of these subdivisions shall participate in the establishment an assessment district or other approved financing plan for these projects and shall sign and record an agreement which guarantees payment of their proportionate share of these improvements. Any new subdivision proposal or grading or building permit application for new residential construction within this assessment district or benefit area boundary shall be conditioned in the same manner as the above tracts. 2. Bailev Creek storm Drain and Debris Basin This improvement is declared to be an immediate public health and safety improvement. A clarification condition of Approval of Tentative Tract 13619 is that the developer or any successor in interest to any portion of the subdivision shall participate in the establishment of an assessment district or other approved financing plan for these projects and shall sign and record an agreement which guarantees payment of their proportionate share of these improvements. other clarification Conditions of Approval for Tentative Tract 13619 are that grading and building permits shall not be issued until a construction contract for this project is awarded; and that Certificates of Occupancy shall not be issued until construction of the project is completed. However, if adequate interim on-site and off-site protection measures from flooding in the Bailey Creek storm drainage area are approved by the Public Works Department, and the protection measures are not a significant change to the approved subdivision, as determined by the Planning and Public Works Directors, then Grading and Building Permits may be issued, and certificates of Occupancy maybe issued after the approved interim measures are constructed. , Verdemont Area ()ve~ent Permit policie<:) :) Page 2 Any new subdivision proposal or grading or building permit application for new residential construction affected by the Bailey Creek storm drainage, as determined by the Public Works Department, shall be conditioned in the same manner as Tentative Tract 13619. The construction of the undeveloped section of the storm drain south of ohio Avenue shall be a Condition of Approval for the development of the area. 3. Chestnut Avenue storm Drain and Debris Basin This improvement is declared to be an immediate public health and safety improvement. A clarification Condition of Approval for Tentative Tracts 13307, 13530, and 13603 is that the developer or any successor in interest to any portion of these subdivisions shall participate in the establishment of an assessment district or other approved financing plan for these projects and shall sign and record an agreement which gurantees payment of their proportionate share of these improvements. Other clarification conditions of Approval for Tentative Tracts 13307, 13530 and 13603 are that grading and building permits shall not be issued until a construction contract for this project is awarded; and, that certificates of occupancy shall not be issued until construction of this project is completed. However, if adequate interim on site and off-site protection measures from flooding in the Chestnut Avenue storm drainage area are approved by the Public Works Department, and the protection measures are not a significant change to the approved subdivision, as determined by the Planning and Public Works Directors, then Grading and Building Permits may be issued, and Certificates of Occupancy may be issued after the approved measures are constructed. Any new subdivision proposal or grading or building permit application for new residential construction within the assessment district or benefit area boundary for this project shall be conditioned in the same manner as the above tracts. . . Verdemont Area ~ve~ment permit POlicie&~ Page 3 ~ 4. street Imorovements All SUbdivision proposals and all grading or building permit applications shall be conditioned to improve the perimeter boundary streets of the SUbdivision or lot with pavement and curb and gutter. A minimum width of 28 feet of paving shall be provided where deemed necessary by the Department of Public Works. Waivers of this requirement may only be granted by action of the Mayor and Common Council. 4/13/89 MISC:VERDPOLICIES