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HomeMy WebLinkAbout1989-116 10 1 RESOLUTION NO. 89-116 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, 6 based upon the Interim Policy Document and the financing 7 strategies adopted by the City on February 6, 1989, for certain 8 public improvements in the Verdemont Area, hereby adopts the 9 "Verdemont Area Development Permit Policies", a copy of which is attached hereto marked Attachment "D" and incorporated herein by 11 reference as though fully set forth at length, and which 12 specifies the time of issuance of development permits in the 13 Verdemont Area. 14 I HEREBY CERTIFY that the foregoing resolution was duly 15 adopted by the Mayor and Common Council of the City of San 16 Bernardino at a meeting thereof, held on the 17th regular 17 day of , 1989, by the following vote, to wit: 18 April AYES: Council Members Estrada, Reilly, Flores, 19 Maudsley, Minor, Pope-Ludlam, Miller 20 NAYS: None 21 ABSENT: None 22 23 ~d@~# Ci Y Clerk 24 25 / / / / / / / / / / / / / / / / 26 27 28 HE/dys February 28, 1989 1 (Attachment "e") Adopted 4/17/89 ATTACHMENT D Verdemont Area Development Permit Policies RECE!\IFO - rp: The following policies will be in effect during the im~-APR 18 mentation of the financing strategies for the construction of P4:06 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 at the time of issuance of building permits. 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 at the time of issuance of building permits. other clarification Conditions of Approval for Tentative Tract 13619 are that 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 signi- ficant change to the approved subdivision, as determined r . ~ . ;// .~ ') . . . ( ATTACHMENT D 4/17/89 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 at the time of issuance of ~radin~ ana building permits. 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 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 Development Perm1t Pol1c1es 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 awardedj 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. . - . .. .. . . Verdemont Area Development Perm1t pol1c1es Page 3 4. street Improvements 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 ....-",. . . Southwest Builders, Inc. 445 S. Arrowhead Ave.. Suite B. San Bernardino. CA 92408 (714) 885.3535 Apr i 1 14. 1989 Shauna Clark City Clerk City of San Bernardino 300 North "D" Street City of San Bernardino. CA 92418 RE: Veraemont 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 feel the policy is unclear regarding conditions necessary to issue permIts. 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 al low 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 aepartment for al I Development applications in the City of San Bernardino is the Planning Department. The Planning Department reviews every Development Appl ication 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 aenial or approval. This report is then presented to the Environmental Review Committee (ERe). During the hearing, the Environmental Review Committee. which includes representation from the Engineering Department. makes recommendations and/or votes for deniai 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. /~ . . Mor i 1 l4. 1989 RE: Veraemont Area Development Permit Policies Page: ~ can assure you. during al I of the processing and reviewing, staff makes recomrnenaations ana design changes. addressing pUbl ic safety issues such as Chestnut Storm Drain & Palm Avenue Box Culvert. Our Tentative Tract Map as presented to the Planning Commission and City Council for final approval has incorporated a1 I recommendations and design changes as requested by staff. To reassure Planning Staff NO changes have occured in our Tract Map, I wi1 i 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 Veraemont 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 Avenue Box Culvert and Traffic Signal. What we are not wil ling to do. is agree to recondition our Tentative Tract Map with UNCLEAR conditions requiring us to participate without guarantees or agreements which include CLEAR 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 scheaule is approved. we will be the first to participate. If for any reason a fee scheaule is not adopted by the Council prior to our completion of final engineering and issuance of permits as aescribea above. we wil I sign an agreement to payor bond an approved interim fee prior to issuance of Certificate of Occupancy. Ai I of us would like to bring the Verdemont Financing Strategy to a conclusion. I feel from the oeginning 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, . *. ~. ;~~ /;k-G"~ ;' john Edwins . . 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 Siqnal 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 may be issued after the approved interim measures are constructed. Verdemont Are~ve pment Permit POlici~ 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 Are~eVc_JPment Permit pOlicitlt Page 3 4. street Improvements 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