HomeMy WebLinkAbout27- Planning and Building Services CITY OF SAN BEW ARDINO - REQUEST IrOR COUNCIL ACTION
From: Al Boughey, Director Subject: Development Agreement No. 93-01
and Variance No. 93-07
Dept: planning and Building Services Stubblefield Access Agreement
Date: March 17, 1994
MCC meeting of April 4, 1994
Synopsis of Previous Council action:
None
Recommended motion:
That the hearing be closed and that the Mayor and Common Council adopt the
resolution which adopts the Negative Declaration and approves Variance No. 93-07,
and Development Agreement No. 93-01, with amendments as per Staff's recommendation,
including subsections a, b, c and d.
Contact person: Al Rnugbpv Phone: 5357
Supporting data attached: Staff Report; Resolution Ward: #4
FUNDING REQUIREMENTS: Amount: N/A
Source: (Acct. No.)
(Acct. Description)
// Finance:
Council Notes: fOLU4L�IGV �1y�� X310
77
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
SUBJECT Variance No. 93-07 & Development Agreement No. 93-01
Mayor and Common Council Meeting
April 4, 1994
REQUEST AND LOCATION
The applicant, Stubblefield Construction Company, requests that an agreement be entered into,
between the City and Stubblefield Construction Company, to establish and vest the ownership,
use and maintenance responsibilities of a primary access road, a non-standard secondary access
route (based on the concurrent adoption of Development Code Amendment No. 93-05) and the
use of a pipe arch culvert as an emergency access route and equestrian trail (see Exhibit 2,
Development Agreement). The intent of the foregoing is to ensure that the subject property shall
be provided with legal access to facilitate future development in a manner that will protect the
general health, safety and welfare of the citizens of the City.
The subject property consists of approximately 20 acres located on the east side of State Route
330 (SR 330), approximately 1,300 feet north of Highland Avenue, in the RS, Residential
Suburban, General Plan land use designation (see Location Map, Exhibit 1).
KEY POINTS
The main points of the Development Agreement are summarized on pages 3 and 4 in staff report
to the Planning Commission (Exhibit 4). During the Planning Commission hearing, the following
issues germane to the proposal were also discussed:
• Fire Department Chief Will Wright was present to address the issues of fire prevention
and emergency access. He concluded that public safety risks would be minimal due to
the fact that fuel modification zones and interior automatic sprinklers would be required
for any future development. Further, he stated that the potential size of such a
development (approximately 70 homes under the RS designation) would be too small to
overburden the emergency ingress and egress routes.
• Warner Hodgdon, owner of the Highland Hills Specific Plan property to the east,
proposed that constructing a tunnel further north, under Route 330, to connect the east
and west frontage roads would provide a feasible alternative to approving a nonstandard
secondary access route. A two-week continuance was considered by the Planning
Commission to allow staff and Caltrans to review this proposal, but the Commission
ultimately concurred with staff that Caltrans could not be expected to respond within such
a short time frame.
VAR 93-07 & DA 93-01
Mayor and Common Council Meeting
April 4, 1994
Page 2
MAYOR AND COMMON COUNCIL OPTIONS
1. The Mayor and Common Council may adopt the Resolution (Exhibit 2) and approve
Variance No. 93-07 and Development Agreement No. 93-01 based on the findings in the
resolution.
2. The Mayor and Common Council may deny Variance No 93-07 and Development
Agreement No. 93-01.
PLANNING COMMISSION RECOMMENDATION
At the Planning Commission hearing of February 8, 1994, a motion to recommend approval of
Variance No. 93-07 and Development Agreement No. 93-01, was passed by a 5-4 vote (ayes:
Cole, Gonzales, Ortega, Romero and Thrasher; nayes: Affaitati, Stone, Strimpel and Traver).
The Planning Commission followed staff s recommendation (see Exhibit 4, page 5), which was
modified to allow the paved width of the East frontage to remain at 32 feet; the staff report
incorrectly stated that the paved width was 36 feet.
STAFF RECOMMENDATION
Staff recommends that the hearing be closed and that the Mayor and Common Council adopt the
resolution, copy attached, which adopts the Negative Declaration and approves Variance No. 93-
07 and Development Agreement No. 93-01 with the following amendments to the Development
Agreement:
a. That the term of the Development Agreement (Page 4, Item 5) commence upon the
effective date of Development Code Amendment No. 93-05;
b. That, upon development of the subject property, the developer shall improve the East
Frontage Road to a paved width of 32 feet and install curbs, gutters and streetlights and
other customary improvements in accordance with City street improvement standards;
C. That, in the event that Caltrans does not improve the Secondary Access Road at the time
of development, then the Developer shall grade the secondary access road to a width of
24 feet (with proper drainage) and to install an all-weather surfacing of slag or an
asphaltic base.
d. That, in the event that Caltrans does not grade the bank at the westerly terminus of the
Barnes Undercrossing, then the developer shall do so.
Prepared by: Gregory S. Gubman, Associate Planner
for Al Boughey, AICP, Director
Department of Planning and Building Services
VAR 93-07 & DA 93-01 0
Mayor and Common Council Meeting
April 4, 1994
Page 3
Exhibits: 1 - Location Map
2 - Resolution
3 - Draft Development Agreement
4 - Staff Report to the Planning Commission for the February 8, 1994
hearing
Attachment B - Variance Findings
Attachment D - Memoranda from the Fire Chief and City Engineer
Attachment F - Initial Study
(Attachments A, C, E and G have been incorporated into the above
Exhibits)
EXHIBIT 1
1 1 • 1 �
1 1 11
I _
�r
r.va
EDIT 2
1 RESOLUTION NO.
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING
THE EXECUTION OF DEVELOPMENT AGREEMENT NO. 93-01
3
4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF
THE CITY OF SAN BERNARDINO AS FOLLOWS:
5
SECTION 1. Recitals
6
7 (a) Development Agreement No. 93-01 was considered by the Planning
8 Commission on February 8, 1994 after a noticed public hearing, and the Planning
9 Commission's recommendation of approval has been considered by the Mayor
10 and Common Council.
11 (b) An Initial Study was reviewed by the Environmental Review
12 Committee on August 26, 1993, who determined that the execution of
13 Development Agreement No. 93-01 would not have a significant effect on the
14 environment, and therefore recommended the adoption of a Negative Declaration.
15 The Planning Commission concurred with the recommendation of the
16 Environmental Review Committee at the hearing described in subsection (a)
17 above.
18 (c) The Proposed Negative Declaration received a 30 day public review
19 period from September 2, 1993 through October 1, 1993, during which no
20 comments relative thereto were received.
21 (d) The Mayor and Common Council held a noticed public hearing and
22 fully reviewed and considered proposed Development Agreement No. 93-01 and
23 the Planning Division staff report on February 21, 1994.
24 (e) The adoption of Development Agreement No. 93-01 is deemed in the
25 interest of the orderly development of the City and is consistent with the goals,
26 objectives and policies of the existing General Plan.
27
28
(1)
I SECTION 2. Negative Declaration
2 NOW,THEREFORE BE IT RESOLVED, FOUND AND DETERMINED
3 by the Mayor and Common Council that the proposed Development Agreement
4 will have no significant effect on the environment, and the Negative Declaration
5 heretofore prepared by the Environmental Review Committee as to the effect of
6 this proposed Development Agreement is hereby ratified, affirmed and adopted.
7 SECTION 3. Findinps
8 BE IT FURTHER RESOLVED by the Mayor and Common Council that:
9 A. The proposed Development Agreement is not in conflict with the goals,
10 objectives and policies of the General Plan.
11 B. The proposed Development Agreement will be consistent with the
12 Development Code upon the effective date of Development Code
13 Amendment No. 93-05.
14 C. The proposed agreement will promote the welfare and public interest of
15 the City.
16 SECTION 4. Agreement
17 BE IT FURTHER RESOLVED by the Mayor and Common Council that:
18 A. Development Agreement No. 93-01 will facilitate and govern the
19 development of the subject property as specifically described in the
20 Development Agreement labeled Attachment 1, a copy of which is
21 attached and incorporated herein by reference.
22 B. Development Agreement No. 93-01 shall be effective immediately upon
23 the adoption and execution of this resolution and the effective date of
24 Development Code Amendment No. 93-05.
25 SECTION 5. The Mayor is hereby authorized and directed to execute
26 on behalf of said City, Development Agreement No. 93-01.
27
28 ////
C o
1 SECTION 6. The authorization to execute the above referenced
2 agreement is rescinded if the parties to the agreement fail to execute it within
3 sixty (60) days of the passage of this resolution.
4 SECTION 7. Notice of Determination
5 The Planning Division is hereby directed to file a Notice of Determination
6 with the County Clerk of the County of San Bernardino certifying the City's
7 compliance with CEQA in adopting Development Agreement No. 93-01.
8 SECTION 8. Recordation
9 The developer shall record the Development Agreement in the Office of
10 the County Recorder no later than ten (10) days after it is executed by the parties.
it
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(3)
4
1 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING
THE EXECUTION OF DEVELOPMENT AGREEMENT NO. 93-01
2
3 I HEREBY CERTIFY that the foregoing resolution was duly adopted by
4 the Mayor and Common Council of the City of San Bernardino at a
5 meeting therefore held on the
6 _ day of 1994, by the following vote to wit:
7 Council Members AYES NAYS ABSTAIN ABSENT
8 NEGRETE
9 CURLIN
10 HERNANDEZ
11 OBERHELMAN
12 DEVLIN
13 POPE-LUDLAM
14 MILLER
15
16
17
City Clerk
18
19 The foregoing resolution is hereby approved this
20 day of 1994.
21
22
23 Tom Minor, Mayor
City of San Bernardino
24
Approved as to
25 form and legal content:
26 JAMES F. PENMAN
27 City Attorney
28 By:
(4)
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
Mark A. Ostoich, Esq.
GRESHAM, VARNER, SAVAGE,
NOLAN & TILDEN
600 N. Arrowhead Avenue
Suite 300
San Bernardino, CA 92401
AGREEMENT
This Agreement("Agreement")is entered into effective 1994, between
the City of San Bernardino, a municipal corporation, ("City") and Stubblefield Construction
Company, a California corporation, ("Developer").
RECITALS
A. The State Department of Transportation ("CalTrans") has jurisdiction of and has
improved certain portions of Route 330, in the municipal limits of the City, as part of State
Highway Project CU08201, EA157901 for Route 330 ("State Highway Project").
B. Under a pending agreement between CalTrans and the Developer, CalTrans is
reserving and has partially improved (with crushed rock and/or slag), an easement for utility and
emergency access purposes ("Secondary Access Road") in the area depicted in Exhibit "A"
attached hereto and incorporated herein by reference. The Secondary Access Road will connect
Route 330 with certain contiguous real property owned by the Developer ("Developer's
Property").
C. In connection with the State Highway Project, CalTrans has also improved and
dedicated to the City parts of former Route 330 which are depicted in Exhibit "B" attached
hereto and incorporated herein by reference ("East Frontage Road" and "West Frontage Road",
respectively). The East Frontage Road provides direct access between the Developer's Property
and Highland Avenue.
D. On 1994, the City and CalTrans entered into a Memorandum of
Understanding ("City-CalTrans MOU"), regarding the East Frontage Road, the Secondary
Access Road and a pipe arch culvert beneath Route 330 at the location depicted in Exhibit "B"
("Barnes Undercrossing"). Specifically, the City-CalTrans MOU provides for (i) the dedication
of the East Frontage Road, the West Frontage Road and the Barnes Undercrossing to the City,
and (ii) certain improvements to the chainup area and the existing chain link fence at the Route
330 outlet of the Secondary Access Road. A copy of the MOU is attached hereto as Exhibit
„C.
MASTUBBLECALTRANS.AG
S464-0040-28-4 I
E. In order to facilitate the development of the Developer's Property and the general
health, welfare and safety of the citizens of the City, the parties wish to enter into this
Agreement to vest the East Frontage Road, the Secondary Access Road and the Barnes
Undercrossing, as legal access to and from the Developer's Property, within the meaning of the
laws of California and the City's Charter, Ordinances and Resolutions. For that limited purpose,
this Agreement is also intended to be a Development Agreement within the meaning of Chapter
19.40 of the City's Development Code and Section 65864 et seq. of the California Government
Code.
F. The City and the Developer acknowledge and agree that the City will derive a
benefit from this Agreement, inasmuch as the Developer's Property will thereby become
developable, creating the opportunity for new jobs and housing and other consequential benefits
to the City and its citizens.
OPERATIVE PROVISIONS
1. City-CalTrans MOU. The City will use its best efforts to cause CalTrans to
perform its obligations under the City-CalTrans MOU including, without limitation, performing
the work described in the City-CalTrans MOU. The City will also perform all of its obligations
under the City-CalTrans MOU.
2. Dedication. Modification and Maintenance of Access.
(a) At such time as CalTrans offers the Barnes Undercrossing for dedication
to the City, the City will accept the dedication and will thereafter maintain the East Frontage
Road, the West Frontage Road and the Barnes Undercrossing in accordance with its maintenance
standards for dedicated public streets. Notwithstanding the foregoing, the City acknowledges
that the Developer has historical rights of access through the Barnes Undercrossing and also has
rights to place and maintain underground utility facilities in an east/west alignment under Route
330, within a 200 foot sector, the center line of which coincides with the center line of the
Barnes Undercrossing, and agrees to recognize such rights and cooperate in the exercise of such
rights.
(b) From and after the development of the Developer's Property, the
Developer and its successors and assigns will maintain the Secondary Access Road with an all
weather surface, so it is useable for purposes of emergency access. A surface of crushed rock
and/or slag is hereby deemed to be an all weather surface within the meaning of the immediately
preceding sentence. At the City's request, the Developer will grant the City a non-exclusive,
irrevocable license across the Secondary Access Road, for purposes of emergency access.
(c) Because the Developer will continue to own, manage and develop the
Developer's Property in reliance on the status of the East Frontage Road, the Secondary Access
Road and the Barnes Undercrossing as legal, conforming access to and from the Developer's
Property, once accepted, none of the East Frontage Road, the West Frontage Road or the Barnes
Undercrossing will be abandoned by the City, without the consent of the Developer. In addition,
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S464-004U-28-94 2
0
based on the same reliance by the Developer, the City will not delegate its obligation to maintain
the East Frontage Road, the West Frontage Road or the Barnes Undercrossing, without the
consent of the Developer.
(d) As of the effective date of this Agreement, access from the east side of the
Barnes Undercrossing is obstructed by vertical steel barriers which are locked ("Barriers"). At
the time of development of the Developer's Property, the Developer and the City will consider
in good faith, alternatives to the Barriers which will obstruct free vehicular passage through the
Barnes Undercrossing and yet be accessible by residents of the Developer's Property in times
of emergency; provided, however that if the Developer and the City are unable to agree on an
alternative to the Barriers, which accomplishes the foregoing objectives, then the Developer may
remove the Barriers, without replacing them with any facility whatsoever.
3. Legal Status of Roads. The City will recognize the East Frontage Road, the
Secondary Access Road and the Barnes Undercrossing, as legal, conforming access to and from
the Developer's Property, within the meaning of the laws of California and the City's Charter,
Ordinances and Resolutions; provided, however, that the Developer's Property is developed
within the density limitations of the RS land use designation in the City's General Plan or such
other land use designation which may be approved by the City in compliance with the laws of
California and the City's Charter, Ordinances and Resolutions. The City and the Developer
acknowledge that the City will have the right to require a traffic analysis and further appropriate
improvements to the East Frontage Road, the West Frontage Road and/or the Secondary Access
Road, in the event of an amendment to the City's General Plan which increases the density
limitations for any development of the Developer's Property, beyond the density limitations of
the RS land use designation.
4. Development Agreement.
(a) Without limiting the effect of any other provision in this Agreement, the
parties acknowledge that the Developer intends to develop the Developer's Property in the future
and that, in connection with any such development, the permitted uses of the Developer's
Property, the density or intensity of use on the Developer's Property and the maximum size and
height of buildings on the Developer's Property will be governed by the development plan for
the Developer's Property which is ultimately agreed to by the Developer and the City.
(b) The continued status of the East Frontage Road, the Secondary Access
Road and the Barnes Undercrossing, as legal, conforming access to and from the Developer's
Property, will be subject to satisfaction of the conditions described in Exhibit "D" attached
hereto and incorporated herein by reference.
(c) As between the City and the Developer, this Agreement will be subject to
amendment as follows:
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S464-004\3-28-94 3
(i) Immaterial amendments to this Agreement may be made by
agreement between the Developer and the Director of Planning and Building Services of the
City.
(ii) Material amendments to this Agreement will require the consent of
the Developer, as well as approval by the City's Planning Commission and the City's City
Council, following such investigations, findings and other procedures as are required by the laws
of California and the City's Charter, Ordinances and Resolutions.
5. Term. The term of this Agreement will commence on the effective date of this
Agreement and will continue for 25 years thereafter. However, the parties acknowledge that
the objective of this Agreement is to facilitate the development of the Developer's Property by
providing legal, vested access to and from the Developer's Property. The parties also
acknowledge that circumstances beyond the Developer's control, such as the economy, may
delay the development of the Developer's Property. If (a) the Developer's Property is not
developed during the term of this Agreement, (b) the same findings as supported the enactment
of this Agreement can be made at the time and (c) no other condition exists which would
reasonably justify the cessation of the East Frontage Road, the West Frontage Road, the
Secondary Access Road and the Barnes Undercrossing as legal access to and from the
Developer's Property, then the City will not unreasonably withhold its consent to a request by
the Developer for extension of the term of this Agreement. Notwithstanding the foregoing, on
recordation of a parcel map or a subdivision map subdividing the Developer's Property, which
parcel map or subdivision map has been approved by the City, the term of this Agreement will
automatically extend to a date which is 99 years after the date of the recordation of such parcel
map or subdivision map.
6. Indemnification. If this Agreement is legally challenged, then the City will
promptly notify the Developer of any claim or action and will cooperate fully in the defense of
the matter. Once notified, the Developer agrees to defend, indemnify, and hold harmless the
City, its officers, agents and employees from any claim, action or proceeding against the City.
The Developer further agrees to reimburse the City for any costs and attorneys' fees which the
City may be required by a court to pay as a result of such action, but such participation will not
relieve the Developer of its obligations under this provision.
7. Covenant of Good Faith. The parties will cooperate with one another in good
faith in the performance of this Agreement, so the intent of this Agreement can be attained.
Without limiting the generality of the foregoing, the City will not require the amendment of this
Agreement as a condition of approving any aspect of the development of the Developer's
Property.
8. Further Acts. Whenever and as often as it is requested to do so by any other
party, each party will execute, acknowledge and deliver or cause to be executed, acknowledged
and delivered, any and all such further documents as may be necessary, expedient or proper to
achieve the intent of this Agreement.
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s464m4\3-28-94 4
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9. Inurement. The rights and obligations of the parties under this Agreement will
inure to the benefit of and will bind their respective successors and assigns. Without limiting
the effect of the foregoing, the Developer will have the right to assign its rights and delegate its
obligations under this Agreement, in whole or in part, to any owner or owners of the Property.
10. Construction. In all cases, the language in this Agreement will be construed
simply, according to its fair meaning and not strictly for or against any party, it being agreed
that the parties have participated in the preparation of this Agreement. Without limiting the
effect of the foregoing, the parties acknowledge and agree that the City is restricted in its
authority to limit its police power by contract and that the limitations in this Agreement are
intended to reserve to the City all of its police powers which cannot be so limited. This
Agreement will be construed, contrary to its stated terms if necessary, to reserve to the City all
police power which cannot be restricted by contract.
11. Severability. Every provision in this Agreement is and will be construed to be
a separate and independent covenant and, if any provision in this Agreement or the application
of the same is, to any extent, found to be invalid or unenforceable, then the remainder of this
Agreement or the application of that provision to circumstances other than those to which it is
invalid or unenforceable, will not be affected by the same and each provision in this Agreement
will be valid and will be enforced to the extent permitted by law and the parties will negotiate
in good faith for such amendments to this Agreement as may be necessary to achieve its intent,
notwithstanding the invalidity or unenforceability.
12. Counterparts. This Agreement may be executed in counterparts, each of which
will be deemed to be an original for all purposes and all of the counterparts will constitute one
and the same Agreement.
13. Attorneys' Fees. If legal action is taken to enforce or interpret any provision in
this Agreement, then the prevailing party in that action will be entitled to recover from the
losing party all attorneys' fees, court costs and necessary disbursements in connection with that
action.
14. Venue. Any legal action with regard to this Agreement will be brought, at the
Developer's election, in either San Bernardino County Superior Court or in the United States
District Court for the Central District of California.
15. Incomoration of Recitals. The Recitals in this Agreement are material and are
incorporated by reference as though fully set forth hereat.
16. Recordation. No later than 10 days after the date of entry into this Agreement,
the Developer will, at its cost, record this Agreement in the Official Records of the San
Bernardino County Recorder.
[SIGNATURES FOLLOW]
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S464-004\3-28-94 5
CITY
City of San Bernardino, a municipal corporation
By:
Its: Mayor
ATTEST
City Clerk
APPROVED AS TO FORM AND LEGAL CONTENT
No./ &grveJ
City Attortky 3rr
DEVELOPER
Stubblefield Construction Company, a California
corporation
By:
Its:
S\O:\STUBBLE\CALTRANS.AG
5464-0B413-2 8-94
0 0
STATE OF CALIFORNIA )
)SS.
COUNTY OF )
On _, 19_, before me, the undersigned, a Notary Public, personally appeared
personally known to me or proved to me on the basis of satisfactory
evidence to be the person whose name is subscribed to the within instrument and acknowledged
to me that he executed the same in his authorized capacity, and that by his signature on the
instrument, the entity upon behalf of which the person acted, executed the instrument.
WITNESS my hand and official seal.
Notary Public in and for said State.
STATE OF CALIFORNIA )
)SS.
COUNTY OF )
On _, 19_, before me, the undersigned, a Notary Public, personally appeared
personally known to me or proved to me on the basis of satisfactory
evidence to be the person whose name is subscribed to the within instrument and acknowledged
to me that he executed the same in his authorized capacity, and that by his signature on the
instrument, the entity upon behalf of which the person acted, executed the instrument.
WITNESS my hand and official seal.
Notary Public in and for said State.
SECONDARY ACCESS ROAD
EXHIBIT "A"
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5161-004\3-28-94
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WEST FRONTAGE ROAD
EXHIBIT "B"
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MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding is entered into between the
State of California Department of Transportation, hereafter
referred to as "CALTRANS" , and the City of San Bernardino,
hereinafter referred to as "CITY" .
WITNESSETH
WHEREAS, CalTrans and City have conducted extensive
discussions over the past several years relative to provision of
access to the parcel east of Route 30 and north of Highland Avenue,
that is owned by the Stubblefield Construction Company; and
WHEREAS, City and the Stubblefield Construction Company are in
the process of negotiating an Agreement to recognize the access to
this parcel as meeting the requirements of the San Bernardino
Municipal Code for development; and
NOW, THEREFORE, CalTrans and City, by execution of this MOU,
do indicate their intent to accomplish the following actions :
SECTION ONE: CalTrans will improve and maintain the "chain
up" area, along the east side of Route 330 at the intersection of
the Secondary Access Road, in an all weather condition.
SECTION TWO: CalTrans recognizes the right of emergency
vehicles to breach their access control fence along the east side
of Route 330, as required to respond to an emergency situation via
the Secondary Access Road, and to issue the necessary permits to
relocate the fence post out of the Secondary Access Roadway,
including installation of sleeves to facilitate their removal .
SECTION THREE: CalTrans agrees to relinquish control of the
arch culvert constructed under Route 330, to replace the concrete
box culvert known as the "Barnes Undercrossing" , to the City for u
se as an emergency access route and equestrian trail .
SECTION FOUR: CalTrans acknowledges that there is a bank, at
the west end of the pipe arch culvert, which could impede the
turning radius for westbound vehicles. If any part of such bank is
on property owned or otherwise controlled by CalTrans, then
CalTrans shall permit access onto its property, to facilitate the
grading of such bank. The grading design shall be subject to the
approval of the Fire Chief and the Director of Public Works/City
Engineer.
STATE OF CALIFORNIA CITY OF SAN BERNARDINO
DEPARTMENT OF TRANSPORTATION
Signed
Title :
Date:
EXHIBIT "C"
CONDITIONS OF APPROVAL
1. No later than the time of development of the Developer's Property, the westerly
terminus of the Barnes Undercrossing will be graded, in order to improve the
turning radius for westbound vehicles. The grading design will be subject to the
approval of the Fire Chief and the Director of Public Works/City Engineer.
2. No later than the time of development of the Developer's Property, the Developer
will complete the grading of the Secondary Access Road, from the East Frontage
Road to its intersection with Route 330, to a minimum width of 20 feet and place
an all weather surface of crushed rock and/or slag.
3. No later than the time of development of the Developer's Property, the Developer
will improve the East Frontage Road to standards which are determined by the
Director of Public Works of the City; provided, however that those standards will
not be greater than the following:
(a) Curb and gutter on the west side of the East Frontage Road.
(b) The parties acknowledge that CalTrans previously paved the East Frontage
Road to a width of 32 feet. The paved width of the East Frontage Road
will not be reduced below the CalTrans paved width.
(c) A sidewalk, 4 feet in width, on the west side of the East Frontage Road,
immediately behind the curb.
(d) No greater than 4 street lights, on the west side of the East Frontage
Road, behind the sidewalk.
(e) No curb, gutter or sidewalk will be required on the east side of the East
Frontage Road.
EXHIBIT "D"
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S464-0040-28-94
C I T Y O F S A N B E R N A R D I N O
INTEROFFICE MEMORANDUM
CITY CLERK'S OFFICE
DATE: April 4 , 1994
TO: Mayor and Common Council
FROM: Rachel Clark, City Clerk
SUBJECT: Item No. 36 - Public Hearing - Development Agreement
No. 93-01 and Variance No. 93-07 - Stubblefield Access
Agreement - Replacement Backup
COPIES: James Penman , City Attorney; Shauna Clark, City
Administrator
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It has come to my attention that the backup material for Item 36,
Public Hearing - Development Agreement No. 93-01 and Variance No.
93-07 - Stubblefield Access Agreement does not reflect the
correct information. Therefore, attached you will find the
replacement backup.
Rachel Clark
City Clerk
RC:mav