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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 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (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, S\0:\STUBBLE\CALTRANS.AG 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: S\O:\STUBBLE\CALTRANS.AG 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. S\O:\STUBBLETALTRANS.AG s464m4\3-28-94 4 O 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] S\O:\STUBBLE\CALTRANS.AG 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" S\O:ISTOBB LE\CALTRANS.AG 5161-004\3-28-94 �J" �! Original "full scale" --exhibitlt TVt on file at the offices of � } _ � STUBBLEFIELD` CONSTRUCTION COM PA, ^, lj / _ -_� } r - • '` ,/«/ 1,8 n, is \ i • ' ' $ G 1 ! F `' 1 (� I fd zc `��4a 4.• \ \ E : . �a l :./ li � .�iY lljjji � @ 3`';j !a \ of C 1 am'! fitl 'i' EAST FRONTAGE ROAD AND WEST FRONTAGE ROAD EXHIBIT "B" S\O:\STUBBLE\CALTRANS.AG S464-004\3-28-94 �i�i `>'�,�, IBC\\�� � �, . /��, •��. �� e �� ��ii .11, , I r. i r I i � all ' EXHIBIT .B Original "full-scale" ,exhibit on.7i t�i� �r tt V ,:at the office or ra} �� 14rr-��� 1L� I / �_. • •H" d--;,� r - :STUBBLEFIELD t ' Jam' `�-ti�'✓ '^- •° o 'CONSTRUCTION �i COMPANY F '4• '�\� � J, ��� 1 N{X ` I .. — 'ash ,y-�7/�� ti ,,� F`' � I !-III II I�, I -�6 �a' / �s•{ i�r �� � �`'�' '�� G �a t �i I �l I l � ••�( 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" S\O:\STUBBLE\CALTRANS.AO 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 --------------------------------------------------------------- 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