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HomeMy WebLinkAbout37- Development Services CITY OF SAN BERNARDINO-REQUEST FOR COUNCIL ON"i �jINAL From: Valerie C. Ross,Director Subject: Appeal No. 06-15—Appeal of Planning Commission approval of Tentative Parcel Map No. Dept: Development Services 17052 and Development Permit II No. 04-54 to request elimination of a mitigation measure requiring a fair-share contribution to the long-term operation and maintenance of the Verdemont Fire Station. The project site is located on the south side of Industrial Parkway between Cable Creek and Devil Creek in the IH, Industrial Heavy land use district. Date: November 13, 2006 MCC Date: December 4, 2006 Synopsis of Previous Council Action: None Recommended Motion: That the hearing be closed and that the Mayor and Common Council deny the appeal and uphold the Planning Commission approval of Tentative Parcel Map No. 17052 and Development Permit II No. 04-54,based upon Findings of Fact contained in in the Planning Commission Staff Report dated October 3, 2006, subject to the Conditions of Approval and Standard Requirements approved by the Planning Commission. I Valerie C. Ross Contact person: Aron Liang, Senior Planner Phone: 384-5057 Supporting data attached: Staff Report Ward(s): 6 FUNDING REQUIREMENTS: Amount: N/A Source: (Acct.No.) (Acct. Description) Finance: Council Notes: Mz96,-V1"S4z,1 3 "�"y0 / Zz D 7 ­21-2010 7 OF �9e�d� ilew ;el'-- 7 OFFICE OF THE CITY CLERK `v RACHEL G.CLARK,C.M.C. CrrY CLERK 300 North"D"Street•San Bernardino•CA 92418-0001 909.384.5002•Fax: 909.384.5158 www.sbcity.org [San Bernar Ino $M February 23, 2007 Barry A. Ross, Attorney at Law 7700 Irvine Center Drive, Ste. 710 Irvine, CA 92618-2929 Dear Mr. Ross: At the meeting of the Mayor and Common Council held on February 20, 2007, the following action was taken relative to the appeal of the Planning Commission's approval of Tentative Parcel Map No. 17052 and Development Permit II No. 04-54 to request elimination of a mitigation measure requiring a fair-share contribution to the long-term operation and maintenance of the Verdemont Fire Station: That the matter be tabled. If we can be of further assistance, please do not hesitate to contact the City Clerk's office. Sincerely, Rac el G. Clark City Clerk RGC:Ils pc: Victor Dipietro, Vic Vin Enterprises, LLC, 16400 Southcenter Parkway No. 308, Seattle, WA 98188 Development Services CITY OF SAN BERNARDINO ADOPTED SHARED VALUES: Integrity•Accountability •Respect for Human Dignity•Honesty OFFICE OF THE CITY CLERK RAcmEL G.CLARx,C.M.C.-CrrY CLERK 300 North"D"Street•San Bernardino•CA 92418-0001 909.384.5002•Fax: 909.384.5158 • www.sbcity.org San Bernardino January 23, 2007 Barry A. Ross, Attorney at Law 7700 Irvine Center Drive, Ste. 710 Irvine, CA 92618-2929 Dear Mr. Ross: At the meeting of the Mayor and Common Council held on January 22, 2007, the following action was taken relative to the appeal of the Planning Commission's approval of Tentative Parcel Map No. 17052 and Development Permit I1 No. 04-54 to request elimination of a mitigation measure requiring a fair-share contribution to the long-term operation and maintenance of the Verdemont Fire Station: That the matter be continued to the Council/Commission meeting of February 20, 2007, at 4:30 p.m. If we can be of further assistance, please do not hesitate to contact the City Clerk's office. Sincerely, f� �t Rachel G. Clark City ty Clerk RGC:Ils pc: Victor Dipietro, Vic Vin Enterprises, LLC, 16400 Southcenter Parkway No. 308, Seattle, WA 98188 Development Services CITY OF SAN BERNARDINO ADOPTED SHARED VALUES: Integrity•Accountability•Respect for Human Dignity•Honesty � OFFICE OF THE CITY CLERK RACHEL G.CLARK,C.M.C.-CITY CLERK 300 North"D"Street•San Bernardino•CA 92418-0001 909.384.5002•Fax: 909.384.5158 www.sbcity.org 5aij Bernardi»o December 06, 2006 Barry A. Ross, Attorney at Law 7700 Irvine Center Drive, Ste. 710 Irvine, CA 92618-2929 Dear Mr. Ross: At the meeting of the Mayor and Common Council held on December 4, 2006, the following action was taken relative to the appeal of the Planning Commission's approval of Tentative Parcel Map No. 17052 and Development Permit II No. 04-54 to request elimination of a mitigation measure requiring a fair-share contribution to the long-term operation and maintenance of the Verdemont Fire Station: That the matter be continued to the Council/Commission meeting of January 22, 2007, at 4:30 p.m. If we can be of further assistance, please do not hesitate to contact the City Clerk's office. Sincerely, . C- 4.'.,_ C., Rachel G. Clark City Clerk RGC:IIs pc: Victor Dipietro, Vic Vin Enterprises, LLC, 16400 Southcenter Parkway No. 308, Seattle, WA 98188 Development Services CITY OF SAN BERNARDINO ADOPTED SHARED VALUES: Integrity•Accountability•Respect for Human Dignity•Honesty t (7s ?� . u iN E IL BARRY A . Ross F A T T O R N E Y A T L A W ..'•';'y'"'� lllrrr - i 7700 IRVINE CENTER DRIVE 949-727-0977 SUITE 710 FAX 949.727.9927 IRVINE CALIFORNIA 92618-2929 rossbarrv@aol.com aol.com February 9, 2007 Via Facsimile 909-384-5238 and U.S. Mail Henry Empeno, Jr., Sr. Deputy City Attorney City of San Bernardino 300 N. "D"Street San Berardino, CA 92418 Re: VID, LLC Industrial Development Project- 10.28 acre parcel 5404/5414 Industrial Parkway, San Bernardino Dear Mr. Empeno: As you know,I represent VID, LLC (formerly known as Vic-Vin Enterprises, LLC)("VID"), a business entity owned by Victor Di Pietro, concerning the above-referenced development project. A City Council meeting is set for February 20, 2007 in order for VID to appeal a decision of the Planning Commission relating to the disputed fire station impact fees. VID wishes to withdraw its appeal and proceed with the development project. As to the disputed fire station impact fees, VID accepts your previous offer to become included within the assessment district and pay the fire station impact fees over the next 20 years, rather than in a lump sum payment at this time. You previously stated that the City will incur all costs and do all the work necessary to absorb VID into the assessment district. Please confirm in writing within ten (10)days that this understanding is correct. In terms of proceeding with this project, I previously told you that VID paid to the City an extra fee to expedite this project on a fast track basis in the approximate amount of$13,000. As you know, this project has not been expedited. This project has proceeded on a slow track or no track basis. From this point forward, VID wishes to obtain the benefit of the$13,000 payment to the City in order to expedite this project on a fast track basis. Please confirm in writing within ten (10)days if there is any reason why this project cannot be fast tracked from this point forward. Confirming our recent telephone conversation regarding the two different types of traffic impact fees, you represented that the VID project will be subject only to one of the traffic impact fees, but not both of them. See my prior correspondence. Please confirm this understanding in writing within ten (10)days. VID has previously considered seeking the assistance of the Redevelopment Agency in order to facilitate this project. After further consideration, VID will not be seeking Redevelopment Agency assistance because of the conditions required as part of this assistance. There will be no Redevelopment Agency T Henry Empeno, Jr., Sr. Deputy City Attorney City of San Bernardino February 9, 2007 Page 2 involvement in the completion of this project. If you have any questions, please call me. Very truly yours, BA I.A. ROSS BAR:es cc: Victor Di Pietro Kenneth Fields, Esq. Alex Gutierrez, Hogle-Ireland, Inc. Jim Fulmer Tim Sabo, Esq. Fred Wilson, City Administrator/City Manager James F. Penman, Esq., City Attorney BARRY A . RosSRECEIVE A T T O R N E Y A T L "CT"!!Y AT T V R V E i' 7700 IRVINE CENTER DRIVE i�iJ! 119N 19 Pit 3 15 949.727.0977 SUITE 710 1 FAX 949.727.9927 IRVINE, CALIFORNIA 92618.2929 rossbarry @aol.com January 18,2007 Via Facsimile 909-384-5238 and U.S. Mail Henry Empeno, Jr., Sr. Deputy City Attorney City of San Bernardino 300 N. "D" Street San Bernardino, CA 92418 Re: Vic-Vin Industrial Development Project Dear Mr. Empeno: This will confirm our telephone conversation of January 17, 2007 On behalf of Vic-Vin Enterprises,Inc., I request that the tentative parcel map and development permit currently set for the City Council Meeting of January 22, 2007 be continued to February 20, 2007. I am enclosing the continuance fee of$75.00. The reason for the continuance is that there have been discussions with Tim Sabo, Redevelopment Agency counsel, concerning the prospect of Redevelopment Agency financial assistance in order to facilitate the Vic-Vin Enterprises,Inc. project and the parties wish to have an opportunity to negotiate an owner-participation agreement with regard to eligible financial assistance prior to the time that this matter is submitted to the City Council. If a staff report was prepared for the January 22, 2007 City Council meeting,please provide me with a copy of the staff report. Very truly yours, BARRY A. ROSS BAR:es cc: Victor Di Pietro Kenneth Fields,Esq. Tim Sabo, Esq. Alex Gutierrez, Hogle-Ireland, Inc. �0 N7 Received: Jan 18 2007 10 00am 01/18/2007 10:04 94972'79927 PAGE 01/01 BARRY A . Ross A T T O R N E Y A T L A W 7700 IRVINE EJ'TEx DR(VD 949.727.0977 SVITn 7]II rnz 949.727.992; IwTNr., c.�t,:ronaln 9619-2929 roa3bnrry @no1.com January 18, 2007 Via Facsimile 909-384-5238 and U.S. Mail Henry Empeno,Jr., Sr. Deputy City Attorney Cih/ of San Bemardino 300 N- "D" Street San Bemardino, CA 92418 Re: Vic-Vin Industrial Development Project Dcsr Mr. Empcfio: 'Thi;u will confirm our telephone conversation of January 17, 2007 On 'iehalf of Vic-Vin Enterprises, Inc., 1 request that the tentative parcel map and development permit currently set for the City Council Meeting of.ianuary 22, 2007 be continued to February 20, 2007. I am enclosing the continuance fee of 375.00. The reason for the continuance is that there have been discussions with Tim Sabo, Redevelopment Agency counsel, concerning the prospect of Redevelopment Agency financial assistance in order to facilitate the Vic-Vin Enterprises. Inc. project and the parties vvish to have an opportunity to negotiate an owner-participation agreement with regard to eligible finantciai assistance prior to the time that this matter is submitted to the City Council. . If a staff report was prepared for the January 22, 2007 City Council meeting, please provide me with a aop)'of the staff report. Veer truly yours, BARRY A. ROSS B,AR:es cc: Victor Di Pietro Kenneth Fields, Esq. Tim Sabo, Esq. Alex Gutierrez_ Hogle-irelaod, Inc. C -tit ' . / /�17 CITY OF SAN BERNARDIN(D 740717 MISCELLANEOUS CASH RECEIPT No. Date: 1/23/07 Received From: Barry A. Ross, P.C. The Sum of Seventy Five Dollars and no cents __. ACCOUNT NO. AMOUNT For: Mayor and Common Council Continuance Fee 001-000-4303 $75 40 � -�`*a regarding Appeal No. 06-15 - Appeal of Planning Commission approval of Tentative Parcel Map No. 17052 and Development Permit II No. 04-54_ J m n m m Owner/Applicant: Victor Dipietro, Vic Vin Enter. -A o Appellant: Barry A. Ross, Attorney at Law �., S' 9SW By: L. Sutherland Department: City Clerk Total $75.00 DISTRIBUTION: White-Customer:Canary-Cashier; Pink-Department;Goldenrod-Dept Numeric Control CITY OF SAN BERNARDINO CASHIERING *** CUSTOMER RECEIPT *** Oper: CTAPIA Type: OC Drawer: 1 Date: 1/24/0', 04 Receipt no: 267839 Description Quantity Amount SF MISC SHORT FORM 1.00 $75.00 +:I `r' C?ERK--740117 . Tender detail R CSI CHECK ° M 106; $75.00 Total tendered $75.00 Total payment $75.00 Trans date: 1123107 Time: 13:07:44 *** THANK YOU FOR YOUR PAYMENT *** NOV-29-06 10:24 9497279927 P.01 R-464 Job-026 11 /T3/2006 09: 21 9497279927 PAGE 01/02 f � BARRY A . ROSS A T 'r O R \ C r A T L A W 7700 IRVI9e CBNTER DRIVE 949.727.0977 SUITE 710 rnx 949.727.9927 IRVrNq, CALIFORNIA 92618-2929 ronsborryca?soLCOW November 28, 2006 Via Facsimile 909-384-5238 and US. Mail Henry Empeno, Jr., Sr. Deputy City Attorney Civi of San Bernardino 300 N. "D" Street San Bernardino, CA 92418 Re: Vic-Vin Industrial Development Project 10.3 Acre parcel. Dear Mr. Empeno: On behalf of Vic-Vin Enterprises, Inc- I request that the tentative parcel map and development permit currently set for the City Council Meeting of December 4, 2006 be continued to January 22, 2007. I am enclosing the continuance fee of$75.00. The reason for the continuance is that there have been discussions with Tim Sabo, Redevelopment Agency counsel, concerning the prospect of Redevelopment Agency financial assistance in order to facilitate the Vic-Vin Enterprises, Inc. project and the parties wish to have an opportunity to meet and confer with regard to eligible financial assistance prior to the time that this matter is submitted.to the City Council. Vic-Vin Enterprises, Inc. wishes to meet with the staff of the Redevelopment Agency in the morning of December 11 or 12 of 2006. Please advise as to the appropriate contact person to schedule this meeting. As we also discussed, please provide me with a copy of the Staff Report for the December 4, 2006 meeting and any new documents that have not previously been presented.to me in connection with the prior Planning Commission meeting. Very tnily yours, 1'x,1�-f��i� ' 1 • 1�C��, � . BARRY ROSS BAR:es 434 Dec.,, 40 NOV-29-06 10:24 9497279927 P.02 R-484 Job-026 14,/23/2006 09:21 9497279927 PAGE 02/02 cc: Victor Di Pietro Kenneth Fields Es q. q Terri Rahhal, Plazming Director Valerie Ross, Development Director Tim Sabo Es ia acsimil Esq. (V f e 909-384-5080) Alex Gutierrez, Hogle-Ireland, Inc. CITY OF SAN BERNARDINO -REQUEST FOR COUNCIL ACTION STAFF REPORT SUBJECT: TENTATIVE PARCEL MAP NO. 17052 (SUBDIVISION NO. 04-35) & DEVELOPMENT PERMIT II NO. 04-54 (APPEAL NO. 06-15) Owner/Applicant: Appellant: Victor Dipietro Barry A. Ross Vic Vin Enterprises,LLC Attorney at Law 16400 Southcenter Parkway No. 308 7700 Irvine Center Drive, Ste. 710 Seattle,WA 98188 Irvine, CA 92618-2929 206.394.9630 949.727.0977 BACKGROUND The Planning Commission approved Tentative Parcel Map No. 17052 and Development Permit Type II No. 04-35 (the Vic Vin Project) on October 3, 2006, 2006. The project site is located on the south side of Industrial Parkway between Cable Creek and Devil Creek in the IH, Industrial Heavy land use district(Exhibit 1). The Planning Commission approval authorized the subdivision of approximately 10.33 acres into two parcels and construction of two industrial buildings of approximately 49,616 square feet and approximately 138,078 square feet(Exhibit 2). The Planning Commission approval was unanimous,with Commissioners Enciso, Heasley, Mulvihill, Munoz, Rawls, and Sauerbrun voting in favor of the project. Commissioners Coute, Durr, and Longville were absent. At the October 3, 2006, Planning Commission hearing, Mr. Barry A. Ross represented the applicant, Vic Vin Enterprises, LLC. Mr. Ross spoke in favor of the Vic Vin project and said that the conditions of approval were all acceptable to the applicant except for one of the mitigation measures included as a condition of approval. The mitigation measure requires a fair-share contribution to the long-term operation and maintenance of the Verdemont Fire Station. Mr. Ross explained the reasons for the applicant's objection to this requirement, as stated in a letter to the Planning Commission dated October 3, 2006. Barry A. Ross filed an appeal of the Planning Commission approval of the Vic Vin Project on October 12, 2006 (Exhibit 3). The appeal requests elimination of the Verdemont Fire Station mitigation measure and refers to the October 3, 2006 letter presented to the Planning Commission to explain the grounds for the appeal. Therefore, staff has attached the October 3, 2006 letter as part of the appeal application(Exhibit 3). Timothy J. Sabo, of the law firm of Lewis, Brisbois, Bisgaard& Smith, attended the October 3, 2006 Planning Commission hearing and responded on behalf of the City to the arguments presented by Mr. Ross in objection to the Verdemont Fire Station mitigation measure. Mr. Sabo served as special counsel to the City on infrastructure financing issues within the Verdemont area, including the Verdemont Fire Station. Mr. Sabo presented a detailed history of how construction of the Verdemont Fire Station was financed and how the impact of new Appeal No. 06-15 TPM No. 17052&DP11 No. 04-54 Hearing Date:December 4, 2006 Page 2 development on emergency services was quantified to determine the impact mitigation required pursuant to the California Environmental Quality Act(CEQA). Mr. Sabo explained Section XIII of the Initial Study(Attachment E to Exhibit 2),which contains an analysis of potential impacts of the project on Public Services. The impact of the project on the City's ability to deliver emergency services according to the response standards adopted by the Council is identified as a potentially significant impact,requiring mitigation. The mitigation measure presented in the Initial Study and the Mitigation Monitoring/Reporting Plan(MM/RP) and incorporated by reference in the conditions of approval is the subject of the appeal. The mitigation measure requires payment of the project's fair share of the cost of long-term operation and maintenance of the Verdemont Fire Station and offers two alternative means of satisfying this obligation: (1) Payment of the in-lieu fee established by Resolution No. 2004-107; or (2) Execution of an irrevocable agreement to annex to Community Facilities District No. 1033. Detailed background information supporting the mitigation measure is attached in Exhibit 4, the supporting documents presented by Mr. Sabo to the Planning Commission. FINANCIAL IMPACT None. The applicant paid the appeal fees. RECOMMENDATION That the hearing be closed and that the Mayor and Council deny the appeal and uphold the Planning Commission approval of Tentative Parcel Map No. 17052 and Development Permit II No. 04-54, based upon Findings of Fact contained in in the Planning Commission Staff Report dated October 3, 2006, 2006, subject to the Conditions of Approval and Standard Requirements approved by the Planning Commission. EXHIBITS: 1. Location Map 2. Planning Commission Staff Report 3. Appeal Application, including October 3, 2006 letter from Barry A. Ross to the Planning Commission 4. Background documents presented to the Planning Commission by Timothy J. Sabo on October 3, 2006, 2006 EXHIBIT I AF.4 CITY OF SAN BERNARDINO PROJECT: TPM 17052 PLANNING DIVISION DPII 04-54 LOCATION MAP LAND USE DISTRICTS NORTH t •• / r co-1 ` fit. , •J�Q!� �� i 7 �t� ♦ �. • I ' r o� ;L •y '0 LC•• 7 • L 4L `f w V � % ;,a` •� o 10 ol s, C) Fil lo r• r► O ,` L' + f •1 EXHIBIT 2 SUMMARY CITY OF SAN BERNARDINO PLANNING DIVISION CASE: Tentative Parcel Map No. 17052 (Subdivision No. 04-35) & Development Permit II No. 04-54 AGENDA ITEM: 2 HEARING DATE: 10/3/06 WARD: 6 OWNER: APPLICANT: Michael & David Hardy Pam Steele 10397 Alder Avenue Hogle-Ireland, Inc. Bloomington, CA 92316 4280 Latham Street 909.208.0774 - Riverside, CA 92501 951.787.9222 REQUEST/LOCATION: The applicant proposes to subdivide approximately 10.33 acres into two parcels of approximately 6.7 acres and approximately 3.6 acres. Also requested is a Development Permit to construct two industrial buildings. Building A will be approximately 49,616 square feet and Building B will be approximately 138,078 square feet. The project site is located on the south side of Industrial Parkway between Cable Creek and Devil Creek in the IH, Industrial Heavy land use district. CONSTRAINTS/OVERLAYS: Flood Zone X Shaded. ENVIRONMENTAL FINDINGS: ❑ Exempt from CEQA ❑ No Significant Effect ❑ Negative Declaration 2 Potential Effects, Mitigation Measures and Mitigation Monitoring/Reporting Plan STAFF RECOMMENDATION: o Approval o Conditions i Denial Continuance to: TPM,Vo. 17052 (Sub 04-35) DP11 No. 04-54 Hearing Date: 10.3.06 Page 2 REQUEST AND PROJECT DESCRIPTION This request is for approval of Tentative Parcel Map No. 17052 (Subdivision No. 04-35) under the authority of Development Code Section 19.66.070 to consolidate and subdivide approximately 10.33 acres into 2 parcels. Parcel 1 will be approximately 6.73 acres and Parcel 2 will be approximately 3.60 acres. Development Permit II No. 04-54 is a request for approval to construct two industrial buildings. Building A will be approximately 49,616 square feet and Building B will be approximately 138,078 square feet. The project site is located on the south side of Industrial Parkway between Cable Creek and Devil Creek in the IH, Industrial Heavy land use district (Attachment A). The project site has been designed for two industrial buildings with Building A located closest to the northerly property boundary and Building B located closest to the southerly property boundary, with parking abutting immediately to the north and south of Buildings A and B and landscaping surrounding the project site. There are three proposed entrances on Industrial Parkway to the project site. All building frontages will front Industrial Parkway and the design of the buildings complies with the architectural Design Guidelines for industrial buildings in the Development Code. SETTING/SITE CHARACTERISTICS The project site is currently vacant and generally level. Surrounding improvements to the south, east and west are the Cable Creek and Devil Creek flood control channels in the PFC, Public Flood Control land use district. To the north across Industrial Parkway is a warehouse facility in the IH, Industrial Heavy land use district. BACKGROUND The proposed project was first reviewed by the Development/Environmental Review Committee (D/ERC) on March 24, 2005 where comments were issued and the project was continued to allow for the applicant to revise the site plan to address on-site landscaping requirements, architectural articulations, trash enclosures, paths of travel and preparation of environmental documents. The applicant provided revisions and documents as requested, and on February 2, 2006, the D/ERC reviewed the revised plans and the Initial Study and determined that the Initial Study adequately addressed the environmental issues and recommended that it be released for public review, and moved the project to Planning Commission. CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) Hogle-Ireland prepared an Initial Study on behalf of the project applicant. The Environmental Review Committee independently reviewed, analyzed, and exercised judgement in reviewing the Initial Study and mitigation measures in making its determination. Pursuant to the Public Resources Code and CEQA guidelines, a Notice of Intent to adopt a Mitigated Negative TPM No. 17052 (Sub 04-35) DPI!No. 04-54 Hearing Date: 10.3.06 Page 3 Declaration was filed with the County and the Initial Study was made available to the public for review and comment beginning on February 9, 2006, and ending on February 28, 2006. One comment was received from the Flood Control Division of the County Public Works Department requiring the applicant to submit a plan for flood hazard review. The applicant has complied with the Flood Control Division requirements. After public review of the Initial Study, the applicant questioned and objected to the mitigation measure requiring a fair share contribution to funding the on-going operation and maintenance of the Verdemont Fire Station that was related to the new development portion of the total annual costs of such operations and maintenance. The applicant retained two separate attorney firms who directed their written inquires through the City Attorney's Office, and the City Attorney's Office has provided written responses to all such written inquires. As a result of further review of the Initial Study by staff, and subject to advice from the City Attorney's Office, staff clarified the analysis maintained the mitigation requirements pertaining to the Verdemont Fire Station as is currently set forth in the Initial Study on pages IS38 and IS39. This information, including the Verdemont Fire Station discussions in the Initial Study, has been transmitted to the applicant and staff has scheduled the project for review by the Planning Commission. FINDINGS AND ANALYSIS TENTATIVE PARCEL MAP 1. Is the proposed map consistent with the General Plan and Development Code? The proposed parcel map is consistent with the General Plan and Development Code. The parcels created will meet the lot size, lot coverage, and access requirements as shown in Table A below. General Plan Policy 2.7.5 requires that development be contingent upon the ability of public infrastructure to provide sufficient capacity to accommodate its demands, and the proposed project will provide connections to City water and sewer services, roads, storm drains, and public utilities. TPM No. 17052 (Sub 04-35) DP11 No. 04-54 Hearing Date: 10.3.06 Page 4 TABLE A —DEVELOPMENT CODE AND GENERAL PLAN CONSISTENCY CATEGORY I PROPOSAL DEVELOPMENT CODE GENERAL PLAN I Permitted Use Parcel Map Subdivision Consistent Consistent i j Parcel 1: 3.6 acres 20,000 sq.ft. minimum Lut Area N/A Parcel 2: 6.7 acres (.45 acres) Parcel 1: 42 % Lot Coveraee 75 % maximum Consistent Parcel 2: 47% ALCCJJ 2 standard means 2 standard means Consistent 2. Is the design of the proposed subdivision consistent with the General Plan? The design of the proposed subdivision is consistent with General Plan policies and objectives. Goal 2.2 promotes development that integrates with and minimizes impacts on surrounding land uses, and the proposed project is surrounded by industrial development and vacant industrial land. The proposed subdivision will not affect the development potential of the property. Therefore, the design of the subdivision will not affect General Plan policies. 3. Is the site physically suitable for the type of proposed development? The tentative parcel map conforms to the subdivision design standards for minimum lot size, lot coverage, and access as specified by the Development Code. The location is accessible by several major transportation corridors, including Industrial Parkway/Hallmark Parkway and the Interstate 215 freeway. Connecting to the existing utility lines surrounding the location can provide water, sewer, electricity, storm drain, and telephone services. 4. Is the site physicalh suitable for the proposed density of development? The site is physically suitable for the proposal and provides adequate infrastructure for industrial development. The site is generally flat and surrounded by similar industrial development. The proposed division is consistent with the Subdivision Map Act, the General Plan and the Development Code, and the proposed parcels will be compatible with the surrounding area. TPM.\'o. 17052 (Sub 04-35) DP11 No. 04-54 Hearing Date: 10.3.06 Page 5 5. Is the design of the subdivision likely to cause substantial environmental damage, or substantially and unavoidably injure fish or wildlife or their habitat? The subdivision will not cause substantial environmental damage or injure fish or wildlife or their habitat. The project site is not located in the biological resource overlay district as shown on Figure NRC-2 of the General Plan. A complete environmental review was completed in accordance with the CEQA Guidelines to determine the presence and extent of any enviromnental resources, and none were identified, as discussed in the Initial Study (Attachment E). This project will be subject to the mitigation measures contained in the Mitigation Monitoring/Reporting Plan (Attachment F). 6. Is the design of the subdivision likely to cause serious public health problems? There are no environmental or other conditions that are likely to cause serious public health problems. The design of the subdivision meets the requirements of the Development Code, and makes adequate provisions to accommodate access, circulation, water supply and other services. 7. Will the design of the subdivision or the type of improvements conflict with any easements, acquired by the public at large, for access through or use of, property within the proposed subdivision? The design of the subdivision and the proposed improvements will not conflict with any public easements. All easements have been identified, and the project has been designed to accommodate or relocate all easements. All documentation relating to easements and dedications will be reviewed and approved by the City Engineer prior to recordation of the Final Parcel Map. DEVELOPMENT PERMIT 1. Is the proposed development permitted within the subject zoning district and does it comply with all of the applicable provisions of the Development Code, including prescribed development/site standards and anWall applicable design guidelines? The proposed development and intended land uses will be compatible with existing and future development in the surrounding area. The proposed project complies with the development standards contained in the Development Code as shown in Table B. TPM No. 17052 (Sub 04-35) DP11 No. 04-54 Hearing Date: 10.3.06 Page 6 TABLE B - DEVELOPMENT CODE AND GENERAL PLAN CONSISTENCY CATEGORY PROPOSAL DEVELOPMENT CODE GENERAL PLAN i Permitted Use Warehousing, Distribution, Permitted Consistent 1 Office, etc. I Hei,-ht 38 feet / I story 50 ft. / 2 stories n/a i Setbacks j Front > 10 ft. 10 ft. min. n/a Side 10 ft. min. 10 ft. min. Street Side N/A 10 ft. min. - Rear 10 ft. min. 10 ft. min. I Landscaping 15 % min. 15 % min. n/a i Parking 236 stalls 220 stalls n/a 2. Is the proposed development consistent with the General Plan? The proposed development and intended uses are consistent with the General Plan. Land Use Policy 2.5.4 requires that all new structures achieve a high level of architectural design and provide careful attention to detail. Policy 5.7.11 requires loading bays to be oriented away from street frontage and entries. The proposed project meets these goals and policies, and the project will implement the General Plan. 3. Is the proposed development harmonious and compatible with existing and future developments within the land use district and general area, as well as the land uses presently on the subject property? The proposed uses will be compatible with existing and future development in the surrounding area. The properties surrounding the project site have been developed with heavy industrial uses, including outdoor processing and storage of materials. Future development will be required to meet the requirements of the IH, Industrial Heavy, land use district, which will be similar to the proposed project. TPM No. 17052 (Sub 04-35) DPII No. 04-54 Nearing Date: 10.3.06 Page 7 q. Is approval of the Development Permit for the proposed development in compliance with the requirements of the California Environmental Quality Act and Section 19.20.030(6) of the Development Code? Approval of the Development Permit is in compliance with the requirements of the California Environmental Quality Act (CEQA) and Development Code §19.20.030(6) pertaining to environmental resources and constraints. There are no sensitive habitats or species on the project site, and no other environmental constraints have been identified. The Development/Environmental Review Committee has recommended that a Mitigated Negative Declaration and Mitigation Monitoring/Reporting Plan (Attachment F) be adopted for this project. The Development/Environmental Review Committee and the Planning Commission independently reviewed and analyzed the Initial Study and MMRP, and exercised independent judgement in consideration of the proposed project. 5. Will there be potential significant negative impacts upon environmental quality and natural resources that could not be properly mitigated and monitored? The proposed project will not cause significant adverse impacts on environmental quality or natural resources. The project site is not listed in any state or federal databases of hazardous sites. A complete environmental review was completed in accordance with the CEQA Guidelines to determine the presence and extent of any environmental resources, as discussed in the Initial Study (Attachment E). 6. Is the subject site physically suitable for the type and density/intensity of use being proposed? The site has an appropriate size and location for heavy industrial uses. Improvements to infrastructure and utilities will provide the necessary services to the project. The proposal meets the standards for setbacks, access, parking, lot coverage, landscaping, drainage and utilities, and therefore the proposed density/intensity of uses can be accommodated. 7. Are there adequate provisions for public access, water, sanitation, and public utilities and services to ensure that the proposed use would not be detrimental to public health and safety? All agencies responsible for providing access, water, sanitation, utilities, and other public services have had the opportunity to review the proposal. None have indicated an inability to serve the proposed development, subject to compliance with the conditions of approval. Connecting to the existing utility lines surrounding the location can provide water, sewer, electricity, and telephone services. Provided that the project TPM No. 17052 (Sub 04-35) DPII No. 04-54 Hearing Date: 10.3.06 Page 8 contributes its fair share toward operation and maintenance of the Verdemont Fire Station as required, the project will not be detrimental to public health and safety. 8. Are the location, si--e design and operating characteristics of the proposed development detrimental to the public interest, health, safety, convenience, or welfare of the City? The project has been designed to ensure that it will not be detrimental to the public interest, health, safety, convenience, or welfare of the City. The project and future uses must comply with the operating standards contained in the Development Code, and other titles of the Municipal Code. CONCLUSION The proposals meet all applicable Findings of Fact for approval of Tentative Parcel Map No. 17052 (Subdivision No. 04-35) and Development Permit II No. 04-54. RECOMMENDATION Staff recommends that the Planning Commission: 1) Independently review, analyze, and exercise judgement in reviewing the Initial Study in making its determination, 2) Adopt the Mitigated Negative Declaration and the Mitigation Monitoring/Reporting Plan Attachment F), and; 3) Approve Tentative Parcel Map No. 17052 (Subdivision No. 04-35) and Development Permit II No. 04-54 based upon the Findings of Fact contained in the Staff Report and subject to the Conditions of Approval (Attachment C) and Standard Requirements (Attachment D). Respectfully Submitted, 6�)b"I'l,,�W� Valerie C. Ross Director of the Development Service Department Aron Liana zt Senior Planner TPM No. 17052 (Sub 04-35, DPII No. 04-J4 Hearing Date.. 10.3.06 Attachment A Location Map Page 9 � Attachment B Tentative Tract Ma Attachment C Conditions of Approval P, Site, Floor Plans and Elevations Attachment D Standard Requir ments Attachment E Attachment F Initial Study Mitigation Monitoring/Reporting Plan I I I I I I I I I i I I I ATTACHMENT A CITY OF SAN BERNARDINO PROJECT: TPM 17052 PLANNING DIVISION DPII 04-54 LOCATION MAP LAND USE DISTRICTS HEARING DATE: 10/3/06 NORTH co-I L,� • • rQ r �. � •v e ��• „ r • Az T CtiF r 46", T� "r, e 0 z 2 I "y ATTACHMENT B z m ' m ' m = - - � q O m a � _ �0 Jo,!, _ r JJ - �a y uNi - z — = w ° ° m A = m m v' M m � Z 331, "r cD e € 6 m i m o rl ERG x z c S Lk53 Q - F QQZ - _ 1 W w w w t F w - Q w k�� tL U It Q 0 t pt( F 3 k ! a w 3 2 w +, F U Q � Z 2 3• O 9 Z ,Ft 3 z f # W a - 3 3 t;S o W � J w m - r w LLI w T- r� ' t a Q U U) z_ co LL W > C: CD - �— �d12i1Sf14Nl 7J D C15 s � m C) p r M r n; m x ww ~LL ID i, t - W � it j Q j[e iii 3 1 f l o'i! 6I,t i ifft ? ff Y�, g 9 { •e� �d S t S S C� rr^^ W u J O ��ys afs z W Q w Z r h ': `SEii Z Z M I Et ;yrs ; U wllfili.��F'T�� C FTT ci Vi F nom' I a I �I ^ b p 4 P'b I I I i - n._,_,, .- E J - ° �E f� w lltiletl ca S2 Im Cf) m - W F- r — R T— u > Q _ x iga:7 if 44& po 44 rfs. a' 1f —r . —� F i�•,, W -E E V S. j °! l S3 I J --E f- N w I �a B F c9iEaai Q1'y�6 t J - - w W J F m i; °, to Z w a3 i; W t ieX Si : .i fl m W C J V N Z Q i '.. W Lu E _ gv _ - E O LL, a w m i I j I s= Iw CU I � J J -1111 LL Q w J z R � � u � � m t..- (n Z w R W z W z � m w Q — z � L<0, z Q= R E Ol 00 z co E J 00° 1 I ' I I I E: K4 I ; I� ww R Z cr a' I 1 LL 0 l 1 of 6 An I. i I o � � I i e g Cl�3 i C •O i o U v r I I I ATTTACHMENT C CONDITIONS OF APPROVAL Tentative Parcel Map No. 17052 (Subdivision No. 04-35) & Development Permit (Type II) No. 04-54 1. This approval is for subdivision of approximately 10.33 acres into two parcels of approximately 6.7 acres and approximately 3.6 acres. The Development Permit is for construction of two industrial buildings. Building A will be approximately 49,616 square feet and Building B will be approximately 138,078 square feet. The project site is located on the south-side of Industrial Parkway between Cable Creek and Devil Creek in the IH, Industrial Heavy land use district. 2. Within two years of the original approval date, the filing of the final map with the Council shall have occurred or the approval shall become null and void. Expiration of a tentative map shall terminate all proceedings and no final map shall be filed without first processing a new tentative map. The City Engineer must accept the final map documents as adequate for approval by Council prior to forwarding them to the City Clerk. The date the final map shall be deemed filed with the Council is the date on which the City Clerk receives the map. Tentative Parcel Map No. 17052 Expiration Date: October 3, 2008 3. Within two years of development approval, commencement of construction shall have occurred or the permit/approval shall become null and void. In addition, if after commencement of construction, work is discontinued for a period of one year, then the permit/approval shall become null and void. However, approval of this application does not authorize commencement of construction. All necessary permits must be obtained prior to commencement of specified construction activities included in the Conditions of Approval and Standard Requirements. Development Permit r it No. 04-54 Expiration Date: October 3, 2008 4. The review authority may grant a one-time extension not to exceed 12 months. The applicant must file an application, the processing fees, and all required submittal items, 30 days prior to the expiration date. The review authority shall ensure that the project complies with all current Development Code provisions. TPM No. 17052& DPII No. 04-54 Page 2 5. In the event that this approval is legally challenged, the City will promptly notify the applicant of any claim, action, or proceeding and will cooperate fully in the defense of the matter. Once notified, the applicant agrees to defend, indemnify, and hold harmless the City of San Bernardino (City), the Economic Development Agency (EDA), any departments, agencies, divisions, boards or commissions of either the City or EDA as well as predecessors, successors, assigns, agents, directors, elected officials, officers, employees, representatives and attorneys of either the City or EDA from any claim, action or proceeding against any of the foregoing persons or entities. The applicant further agrees to reimburse the City and the Economic Development Agency any costs and attorney's fees which the City or the Economic Development Agency may be required by a court to pay as a result of such action, but such participation shall not relieve applicant of his or her obligation I under this section. The costs, salaries, and expenses of the City Attorney and employees of his office shall be considered as "attorney's fees for the purpose of this condition. As part of the consideration for issuing this permit or approval, this condition shall remain in effect if this Permit is rescinded or revoked, whether or not at the request of the applicant. 6. Construction shall be in substantial conformance with the plan(s) approved by the Director, Development Review Committee, Planning Commission or Mayor and Common Council. Minor modification t h 1 n shall be subject t o the a s) s a s t o approval b P ( J PP Y the Director through a minor or modification permit process. Any modification which exceeds 10% of the following allowable measurable design/site considerations shall require the refiling of the original application and a subsequent hearing by the appropriate hearing review authority t if applicable: a. On-site circulation and parking, loading and landscaping; b. Placement and/or height of walls, fences and structures; C. Reconfiguration of architectural features including colors, and/or modification of finished materials that do not alter or compromise the previously approved theme; and, d. A reduction in density or intensity of a development project. 7. No vacant, relocated, altered, repaired or hereafter erected structure shall be occupied or no change of use of land or structure(s) shall be inaugurated, or no new business commenced as authorized by this permit until a Certificate of Occupancy has been issued by the Department. A temporary Certificate of Occupancy may be issued by the Department subject to the conditions imposed on the use, provided that a deposit is filed with the Public Works Division prior to issuance of the Certificate, is necessary. The deposit or security shall guarantee the faithful performance and completion of all terms, conditions and performance imposed on the intended use by this permit. TPM No. 17052& UPH No. 04-54 Page 3 S. This permit or approval is subject to all the applicable provisions of the Development Code in effect at the time of approval. This includes Chapter 19.20- Property Development Standards, and includes: dust and dirt control during construction and grading activities; emission control of fumes, vapors, gases and other forms of air pollution; glare control; exterior lighting design control; noise control, odor control; screening; signs, off-street parking and off-street loading; and vibration control. Screening and sign regulations compliance are important considerations to the developer because they will delay the issuance of a Certificate Of Occupancy until they are complied with. Any exterior structural equipment, or utility transformers, boxes, ducts or meter cabinets shall be architecturally screened by wall or structural element, blending with the building design and include landscaping when on the ground. 9. Signs are not approved as a part of this permit. Prior to establishing any signs, the applicant shall submit a sign application, and receive approval for a sign permit from the Planning Division. All signage on the site shall be consistent with the provisions of the Development Code. 10. Signs/banners may not be placed on or over the roof or within landscaped areas. 11. If the color of the building or other exterior finish materials are to be modified, the revised color scheme and/or finish materials shall be reviewed and approved by the Planning Division prior to commencement of work. 12. Any equipment, whether on the roof, side of structure, or ground shall be screened as per Development Code requirements. 13. All areas to be landscaped with grass shall be planted with sod. Ground cover visible from Industrial Parkway shall incorporate a substantial area covered with grass. 14. The landscape plan shall include one 24" box tree for every four surface parking spaces (employee and customer), consistent with the requirements of Section 19.24.060(6)(B) and Chapter 19.28 of the Development Code. Trees will not be required within the parking structures, but the perimeter of each structure will be landscaped. 15. The applicant shall post a bond in an amount equivalent to the cost of landscaping including landscape installation and one year of maintenance service. This shall be accomplished on a project/phase basis. The purpose of the bond is to ensure that all landscaping survives the planting process and last for a period of at least one-year. The bond will be released no sooner than one-year after issuance of the Final Certificate of Occupancy and only after such time as the survival of the landscaping has been verified by City staff. 16. All lighting fixtures shall be shielded to confine light within the site only. TPM No. 17052& DPII No. 04-54 Page 4- 17. All exterior lighting shall be energy efficient with the ability to lower or reduce usage when the store is closed. Signage may be required to be turned off when the business is closed. 18. The applicant shall be responsible for regular maintenance of the project site. Vandalism, graffiti, trash and other debris shall be removed and cleaned up within 24 hours. 19. Submittal requirements for permit applications (building, site improvements, landscaping, etc.) to Building Plan Check and/or Public Works/Engineering shall include all Conditions of Approval and Standard Requirements issued with the Development Review Committee approval. 20. The project Landscape Plan shall be reviewed and approved by the City Engineer prior to issuance of a grading permit. Submit 5 copies to the Engineering Division for Checking. 21. Any security gates/bars, doors, window bars shall be installed on the inside of the structure only. Video surveillance equipment installed/used on the exterior shall be painted to match the structure, or treated to blend with the architecture of the development. 22. Outside displays and/or storage are prohibited. Ancillary storage may be provided in the parking areas so long as it is screened and secured. 23. All mitigation measures described in the Initial Study and Mitigation Monitoring/Reporting Plan (Attachment F) shall be applicable as conditions of approval. 24. No final Certificate of Occupancy shall be issued until all conditions of approval have been completed. 25. This permit or approval is subject to the attached conditions or requirements of the following City Departments or Divisions: • Plan Check • Public Works • Fire Department • Water Department • Public Services ATTACHMENT D r City of San Bernardino STANDARD REQUIREMENTS Development Services/Plan Check Division Sall Qernar 1(10 Property- address: DRC/CUP/DP: Z>.PIL 10 DATE: .Z%W14TZ 200060 1 NOTE; NO PLANS WILL BE ACCEPTED FOR PLAN CHECK WITHOUT CONDITIONS OF APPROVAL IMPRINTED ON PLAN SHEETS. Submit 6 sets of plans, minimum size 18" x 24", drawn to scale. If plan check is for expeditious review, submit 6 sets. The plans shall include (if applicable): a. site plan (include address & assessors parcel number) b. foundation plan C. floor plan (label use of all areas) d. elevations e. electrical, mechanical, & plumbing plans f. detail sheets (structural) g. cross section details h. show compliance with Title 24/Accessibility (disabled access) i. a plan check deposit fee will be required upon submittal of plans. Call Development Services (plan check) 909-384-5071 for amount. 1. The title sheet of the plans must specify the occupancy classification, type of construction, if the building has sprinklers, & the current applicable codes. 2. The person who prepares them must sign the plans. Also, provide the address & phone number of that person. Some types of occupancies require that the plans are prepared, stamped, and signed by an architect, engineer, or other person licensed by the State of California. I For structures that must include an engineers design, provide 2 sets of stamped/wet signed calculations prepared by a licensed architect/engineer. 4. Provide 2 sets of Title 24/Energy compliance forms and calculations. Some compliance forms are required to be printed on the plans. 300 N`D' Street San Bernardino CA 92418 909-384-5071 Office 909-384-5080 Fax 5. Submit grading, site, and/or landscape plans to Public Works/Engineering for plan check approval and permits. For more information, phone 909-384-5111. I 6. Fire sprinkler plans, fires suppression system plans, etc., shall be submitted to the Fire Department for plan check approval and permits. For information, phone 909-384-5388. 7. Signs require a separate submittal to the Planning Division for plan check approval and permits. For information, phone 909-384-5057. 8. Restaurants, food preparation facilities, and some health related occupancies will require clearances and approved plans from San Bernardino County Health Department. For information, phone 909-387-3043. 9. Occupancies that include restaurants, car washes, automotive repair/auto body,dentist offices, food preparation facilities or processing plants, etc. may require approvals and permits from San Bernardino Water Reclamation. For information, phone 909-384-5141. 10. An air quality permit may be required. Contact South Coast Air Quality Management Division for information, phone 909-396-2000. 11. State of California Business & Professions Code/Contractors License Law requires that permits can be issued to licensed contractors or owner-builders (that are doing the work). Contractors must provide their State license number, a city business registration, and workers compensation policy carrier& policy number. Owner-builders must provide proof of ownership. NOTE: PLAN CHECK TIME ON THESE TYPES OF PROJECTS IS APPROXIMATELY 4-6 WEEKS FOR IT CORRECTIONS. EXPEDITIOUS REVIEW IS APPROXIMATELY 10 WORKING DAYS. THE DEVELOPMENT REVIEW PROCESS IS NOT THE BUILDING PLAN CHECK AND DOES NOT IMPLY THAT THE DESIGN AS SUBMITTED WILL BE APPROVED WITHOUT CORRECTIONS. Comments: 300 N `D' Street San Bernardino CA 92418 909-384-5071 Office 909-384-5080 Fax ATTACHMENT D CITY OF SAN BERNARDINO Development Services Department — Public Works Division Standard Requirements Description: Create Two Parcels and Construct Two Industrial Buildings Applicant: Hogle-Ireland, Inc. Location: Southerly side of Industrial Parkway between Cable Creek and Devil Creek Case Number: Tentative Parcel Map No. 17052 & Development Permit Type II No. 04-54 1. Drainage and Flood Control a) All necessary drainage and flood control measures shall be subject to requirements of the City Engineer, which may be based in part on the recommendations of the San Bernardino County Flood District. The developer's Engineer shall furnish all necessary data relating to drainage and flood control. b) A permit will be required from the Department of Transportation and Flood Control, if any work is required within the Flood Control District's right-of-way. c) A local drainage study will be required for the project. Any drainage improvements, structures or storm drains needed to mitigate downstream impacts or protect the development shall be designed and constructed at the developer's expense, and right-of-way dedicated as necessary. d) All drainage from the development shall be directed to an approved public drainage facility. If not feasible, proper drainage facilities and easements shall be provided to the satisfaction of the City Engineer. e) If any of the site drainage is to be outletted into the public street, the drainage shall be conveyed through a parkway culvert constructed in accordance with City Standard No. 400. Conveyance of site drainage over the Driveway approaches will not be permitted. Project: Create Two Parcels and Construct Two Industrial Buildings on the southerly side of Industrial Parkway between Cable Creek and Devil Creek Case No. PM 17052 & DPII 04-54 Page 2 of 9 f) A Water Quality Management Plan (WQMP) is required for this project. The applicant is directed to the City's web page at www.ci.san-bernardino.ca.us — Departments — Development Services — Public Works for templates to use in the preparation of this plan. g) If more than one acre of land (including the project area, construction yards, storage areas, etc.) will be disturbed by construction activity, a Storm Water Pollution Prevention Plan (SWPPP) will be required. The applicant is directed to the City's web page at www.ci.san-bernardino.ca.us — Departments — Development Services — Public Works for templates to use in the preparation of this plan. h) The City Engineer, prior to issuance of a grading permit, shall approve the WQMP and the SWPPP. i) A "Notice of Intent (NOI)" shall be filed with the State Water Resources Control Board for construction disturbing 1 acre or more of land (including the project area, construction yards, storage areas, etc.). j) The City Engineer, prior to grading plan approval, shall approve an Erosion Control Plan. The plan shall be designed to control erosion due to water and wind, including blowing dust, during all phases of construction, including graded areas which are not proposed to be immediately built upon. 2. Grading and Landscaping a) A site/plot/grading and drainage plan is required. It shall be signed by a Registered Civil Engineer and a grading permit will be required. The grading plan shall be prepared in strict accordance with the City's "Grading Policies and Procedures" and the City's "Standard Drawings", unless otherwise approved by the City Engineer. b) If more than 5 trees are to be removed from the site, a tree removal permit conforming to the requirements of Section 19.28.090 of the Development Code shall be obtained from the Department of Development Services-Planning Division prior to issuance of any grading or site development permits. c) If more than 5,000 cubic yards of earthwork is proposed, a grading bond will be required and the grading shall be supervised in accordance with Section 7012(c) of the uniform Building Code. Project: Create Two Parcels and Construct Two Industrial Buildings on the southerly side of Industrial Parkway between Cable Creek and Devil Creek Case No. PM 17052 & DPII 04-54 Page 3 of 9 d) If more than 1,000 cubic yards of earth is to be hauled on City Streets then a special hauling permit shall be obtained from the City Engineer. Additional conditions, such as truck route approval, traffic controls, bonding, covering of loads, street cleaning, etc. may be required by the City Engineer. e) An on-site Improvement Plan is required for this project. Where feasible, this plan shall be incorporated with the grading plan and shall conform to all requirements of Section 15.04-167 of the Municipal Code (See "Grading Policies and Procedures"). f) Wheel stops are not permitted by the Development Code, except at designated handicap parking spaces. Therefore, continuous 6" high curb shall be used around planter areas and areas where head in parking is adjacent to walkways. The parking spaces may be 16.5' deep and may overhang the landscaping or walkway by 2.5'. Overhang into the setback area or into an ADA path of travel (minimum 4' wide) is not permitted. g) Continuous concrete curbing at least 6 inches high and 6 inches wide shall be provided at least 3 feet from any wall, fence, property line, walkway, or structure where parking and/or drive aisles are located adjacent thereto. Curbing may be left out at structure access points. The space between the curb and wall, fence, property line, walkway or structure shall be landscaped, except as allowed by the Development Review Committee. h) A refuse enclosure constructed in accordance with City Standard Drawing No. 508 and modified as approved by the City Engineer to provide ADA accessibility. The minimum size of the refuse enclosure shall be 8 feet x 15 feet, unless the Public Services Department, Refuse Division, approves a smaller size, in writing. The modifications must be detailed on the on-site development plan. i) The number and placement of refuse enclosures shall conform to the location and number shown on the site plan as approved by the Development Review Committee, Planning Commission or City Council. j) Trash compactors may be used in lieu of refuse enclosure if approved by the Public Services Department. k) Retaining walls, block walls and all on-site fencing shall be designed and detailed on the on-site improvement Plan. This work shall be part of the on-site improvement permit issued by the City Engineer. Project: Create Two Parcels and Construct Two Industrial Buildings on the southerly side of Industrial Parkway between Cable Creek and Devil Creek Case No. PM 17052 & DPII 04-54 Page 4 of 9 1) All walls shall be constructed of decorative block with architectural features acceptable to the City Planner. j) This project is located in the "High Wind Area." Therefore, all free standing walls and fences shall be designed for a minimum basic UBC wind speed of 100 miles per hour, unless a lower value is approved by the City Engineer. k) The on-site improvement plan shall include details of on-site lighting, including light location, type of poles and fixtures, foundation design, conduit location and size, and the number and size of conductors. Photometry calculations shall be provided which show that the proposed on-site lighting design will provide 1 foot-candle of illumination uniformly distributed over the surface of the parking lot during hours of operation and 0.25 foot-candles security lighting during all other hours. 1) The design of on-site improvements shall also comply with all requirements of The California Building Code, Title 24, relating to handicap parking and accessibility, including retrofitting of existing building access points for handicap accessibility, if applicable. m) A handicap accessible path of travel shall be provided from the public way to the building entrance. All pathways shall be concrete paved and shall provide a minimum clear width of 4 feet. Where parking overhangs the pathway, the minimum paved width shall be 6.5 feet. n) Where a handicap accessible path of travel crosses drive aisles, it shall be delineated by textured/colored concrete pavement, unless otherwise approved by the Development Review Committee.. o) The project Landscape Plan shall be reviewed and approved by the City Engineer prior to issuance of a grading permit. Submit 5 copies to the Engineering Division for Checking. p) The public right-of-way, between the property line and top of curb (also known as "parkway") along adjoining streets shall be landscaped by the developer and maintained in perpetuity by the property owner. Details of the parkway landscaping shall be included in the project's on-site landscape plan, unless the parkway area is included in a landscape maintenance district, in which case, a separate landscape plan shall be provided. q) An easement and covenant shall be executed on behalf of the City to allow the City to enter and maintain any required landscaping in case of owner neglect. The documents shall be submitted to the Project: Create Two Parcels and Constrict Two Industrial Buildings on the southerly side of Industrial Parkway between Cable Creek and Devil Creek Case No. PM 17052&DPII 04-54 Page 5 of 9 Real Property Section for execution by the property owner and shall ensure that, if the property owner or subsequent owner(s) fail to properly maintain the landscaping, the City will be able to file appropriate liens against the property in order to accomplish the required landscape maintenance. A document processing fee in the amount of $200.00 shall be paid to the Real Property Section to cover processing costs. The property owner, prior to plan approval, shall execute this easement and covenant unless otherwise allowed by the City Engineer. Utilities r) Design and construct all public utilities to serve the site in accordance with City Code, City Standards and requirements of the serving utility, including gas, electric, telephone, water, sewer and cable TV (Cable TV optional for commercial, industrial, or institutional uses). s) Each parcel shall be provided with separate water and sewer facilities so the City or the agency providing such services in the area can serve it. t) Backflow preventers shall be installed for any building with the finished floor elevation below the rim elevation of the nearest upstream manhole. u) Sewer main extensions required to serve the site shall be constructed at the Developer's expense. V) This project is located in the sewer service area maintained by the City of San Bernardino therefore, any necessary sewer main extension shall be designed and constructed in accordance with the City's "Sewer Policy and Procedures" and City Standard Drawings. w) Utility services shall be placed underground and easements provided as required. x) A street cut permit, from the City Engineer, will be required for utility cuts into existing streets. y) All existing overhead utilities adjacent to or traversing the site on either side of the street shall be undergrounded in accordance with Section 19.20.030 (non-subdivisions) or Section 19.30.110 (subdivisions) of the Development Code. Project Create Two Parcels and Construct Two Industrial Buildings on the southerly side of Industrial Parkway between Cable Creek and Devil Creek Case No. PM 17052&DPII 04-54 Page 6 of 9 Z) Existing Utilities which interfere with new construction shall be relocated at the Developer's expense as directed by the City Engineer, except overhead lines, if required by provisions of the Development Code to be undergrounded. See Development Code Section 19.20.030 (non-subdivisions) or Section 19.30.110 (subdivisions). aa) Sewers within private streets or private parking lots will not be maintained by the City but shall be designed and constructed to City Standards and inspected under a City On-Site Construction Permit. A private sewer plan designed by the Developer's Engineer and approved by the City Engineer will be required. This plan can be incorporated in the grading plan, where practical. 4. Mapping a) A Parcel Map based upon field survey will be required. b) All street names shall be subject to approval of the City Engineer prior to Map approval. c) Additional survey and map information including, but not limited to, building setbacks, flooding and zones, seismic lines and setbacks, geologic mapping and archeological sites shall be filed with the City Engineer in accordance with Ordinance No. MC-592. 5. Improvement Completion a) Street, sewer, drainage improvement, traffic signals, and landscape maintenance district landscape and irrigation plans for the entire project shall be completed, subject to the approval of the City Engineer, prior to the Map recordation. b) If the required improvements are not completed prior to Map recordation, an improvement security accompanied by an agreement executed by the developer and the City will be required. C) Street light energy fee to pay cost of street light energy for a period of 4 years shall be paid. Exact amount shall be determined and shall become payable prior to map recording. 6. Street Improvement and Dedications a) All public streets and public easements within and adjacent to the development shall be improved to include combination curb and gutter, paving, handicap ramps, street lights, sidewalks, and appurtenances, including, but not limited to relocation of public or private facilities which interfere with new construction, and striping Project- Create Two Parcels and Construct Two Industrial Buildings on the southerly side of Industrial Parkway between Cable Creek and Devil Creek Case No. PM 17052 & DPII 04-54 Page 7 of 9 shall be accomplished in accordance with the City of San Bernardino "Design Policies and Procedures" and City "Standard Drawings," unless otherwise approved by the City Engineer. Street lighting, when required, shall be designed and constructed in accordance with the City's "Street Lighting Policies and Procedures." Street lighting shall be shown on street improvement plans except where otherwise approved by the City Engineer. b) For the streets listed below, dedication of adequate street right-of- way (R.W.) to provide the distance from street centerline to property line and placement of the curb line (C.L.) in relation to the street centerline shall be as follows: Street Name Right of Way(ft.) Curb Line(ft) Industrial Parkway Existing Okay Existing Okay c) Construct sidewalk adjacent to the site in accordance with City Standard No. 202, Case "A" (6' wide adjacent to curb). d) If the existing curb & gutter adjacent to the site is in poor condition, the curb & gutter shall be removed and reconstructed to City Standards. Curb & Gutter shall conform to Standard No. 200, Type "B" (8" curb face), unless otherwise approved by the City Engineer. e) Construct Handicap Ramps in accordance with City Standard No. 205, modified as approved by the City Engineer to comply with current ADA accessibility requirements, at all curb returns within and adjacent to the project site. Dedicate sufficient right-of-way at the corner to accommodate the ramp. f) The proposed radius type drive approaches are non-standard, however, they may be used subject to the condition that the throat of the drive approach be paved with colored, textured concrete (20' wide band of PCC). g) Curb returns at the drive approaches shall be 35 feet unless otherwise approved by the City Engineer. h) The pavement on Industrial Parkway adjacent to the site shall be rehabilitated to centerline using a strategy approved by the City Engineer. i) Install Street Lights adjacent to the site in accordance with City Standard Nos. SL-1 and SL-2. Project: Create Two Parcels and Construct Two Industrial Buildings on the southerly side of Industrial Parkway between Cable Creek and Devil Creek Case No. PM 17052& DP1104-54 Page 8 of 9 7. Phasing a) If the project is to be developed in phases, each individual phase shall be designed to provide maximum public safety, convenience for public service vehicles, and proper traffic circulation. In order to meet this requirement, the following will be required prior to the finalization of any phase: b) On-site improvement plans for the total project or sufficient plans beyond the phase boundary to verify the feasibility of the design shall be complete to the satisfaction of the City Engineer. c) A Plan shall be submitted for review and approval by the Engineering Division, Fire, and Planning Departments, indicating what improvements will be constructed with the given phase, subject to the following: d) Dead-end drive aisles shall be provided with a minimum 32 foot radius paved width; e) Drive aisles shall be provided with a minimum 28 foot paved width: f) Drive aisle improvements shall be completed beyond the phase boundaries, as necessary to provide secondary access: g) Drainage facilities, such as storm drains, channels, earth berms and block walls, shall be constructed, as necessary, to protect the development from off-site flows: h) A properly designed water system shall be constructed, which is capable of providing required fire flow, perhaps looping or extending beyond the phase boundaries. i) Easements for any of the above and the installation of necessary utilities shall be completed; and, 8. Required Engineering Plans a) A complete submittal for plan checking shall consist of street improvement, sewer, storm drain, striping, lighting, grading, on-site landscaping and irrigation and other plans as required. Piecemeal submittal of various types of plans for the same project will not be allowed. b) The rough grading plan may be designed and submitted in combination with the precise grading plan. Project: Create Two Parcels and Construct Two Industrial Buildings on the southerly side of Industrial Parkway between Cable Creek and Devil Creek Case No. PM 17052&DPII 04-54 Page 9 of 9 c) All public improvement plans submitted for plan check shall be prepared on the City's standard 24" x 36" sheets. Grading and on- site improvement plans shall be submitted on 24" x 36" sheets unless otherwise approved by the City Engineer. A signature block satisfactory to the City Engineer or his designee shall be provided. d) After completion of plan checking, final mylar drawings, stamped and signed by the Registered Civil Engineer in charge, shall be submitted to the City Engineer for approval. e) Electronic files of all improvement plans/drawings shall be submitted to the City Engineer. The files shall be compatible with AutoCAD 2000, shall include a .dxf file, and shall be submitted at the same time the final mylar drawings are submitted for approval. f) Copies of the City's design policies and procedures and standard drawings are available at the Public Works Counter for the cost of reproduction. They are also available at no charge at the Public Works Web Site at http://www.cl.san-bernardino.ca.us/site/pw/default.htm 9. Required Engineering Permits a) Grading permit. b) On-site improvements construction permit (except buildings - see Development Services-Building Division), including landscaping. C) Off-site improvement construction permit. 10. Applicable Engineering Fees a) All plan check, permit, inspection, and impact fees are outlined on the Public Works Fee Schedule. A deposit in the amount of 100% of the estimated fee for each set of plans will be required at time of application for plan check. b) The current fee schedule is available at the Public Works Counter and at http://www.ci.san-bernardino.ca.us/site/pw/default.htm C) Expedited plan checking is available. A deposit in the amount of 125% of the estimated plan check fee for each set of plans will be required at time of application for expedited plan check. Expedited plan checking is only available for grading, on-site and off-site improvement plans, and maps. CITY OF SAN BERNARDINO Interoffice Memorandum To: Aron Liang, Senior Planner From: Robert Eisenbeisz. Senior Civil Engineer Subject: Traffic Study for "Vic-Vin" Warehouse (DPII 04-54) Date: March 7, 2006 Copies: Tim Porter, Michael Grubbs, Valerie Ross, Terri Rahhal, File No.13.47 We have received a letter, dated March 5, 2006, in response to our comments contained in an interoffice memorandum, dated November 23, 2005, regarding the above subject. The traffic consultant accurately points out that the University Parkway/I-215 Ramps were included in the fair share analysis presented in the revised report, dated October 19, 2005. We will accept the fair share amount identified for that interchange as presented in the report. There is no longer a fair share component required for the University Parkway/BNSF grade separation and this should also be removed. With the changes described above, the project's fair share contribution will be $242,767 toward the following future mitigation improvements: 1. Palm Avenue @ NB I-215 Ramps: 3.4% of$500,000 = $17,000 2. Palm Avenue @ SB I-215 Ramps: 4.4% of$350,000 = $15,400 3. Palm Avenue /Industrial Parkway Signal: 4.5% of$250,000 = $11,250 4. Palm Avenue Widening (2 to 4 Lanes) — Industrial Parkway to I-215: 4.6 % of 5760,000 = $34,960 5. University Parkway @ 1-215 NB Ramps = $27,379 6. University Parkway @ I-215 SB Ramps =$136,778 about the line of sight analysis: The response did not address our previous comment abo y P p g • The line of sight analysis included in the report is difficult to read and it is a bit unclear. All lines should be labeled and a final site plan should also be provided, showing the sight triangle areas where landscaping and other potential sight obstructions will be restricted. These areas should also be shown and identified on the final site plan prior to approval. The planning and parks department will need to review this to ensure that the project can comply with landscaping requirements with the limitations required to provide proper sight distance. p g q re q We will need to review the revised sight line exhibits and site plan prior to final approval of this T1A. • The estimated Traffic Systems Fee shall be based on the Public Works Fee Schedule in effect at the time of permit issuance. The current fee is $20.40/trip, which results in a fee of $24,418.80 for 1,197 trips. CITY OF SAN BERNARDINO FIRE DEPARTMENT STANDARD REQUIREMENTS Case:])p- --1_Z-7 / 1 Date: 3�41 OS Reviewed By: (_ — WNERAL REQUIREMENTS: Provide one additional set of construction plans to Building and Safety for Fire Department use at time of plan check. Contact the City of San Bernardino Fire Department at(909)384-5585 for specific detailed requirements. The developer shall provide for adequate fire flow.Minimum fire flow requirements shall be based on square footage,construction features,and exposure information supplied by the developer and must be available 2rior to placing combustible materials on sits. WATER PURVEYOR FOR FIRE PROTECTION: fire protection water service for the area of this project is provided by: San Bernardino Municipal Water Department—Engineering (909)384-5391 East Valley Water District--Engineering (909)888-8986 ❑ Other Water purveyor. _ Phone: `PYBLIC FIRE PROTECTION FACILITIES: Public fire hydrants are required along streets at intervals not to exceed 300 feet for commercial and multi-residential areas and at intervals not to exceed 500 feet for residential areas. Fire hydrant minimum flow rates of 1,500 gpm at a 20 psi minimum residual pressure are required for commercial and multi-residential areas.Minimum fire hydrant flow rates of 1,000 gpm at a 20 psi minimum residual pressure are required for residential areas. Fire hydrant type and specific location shall be jointly determined by the City of San Bernardino Fire Department in conjunction with the water purveyor.Fire hydrant materials and installation shall conform to the standards and specifications of the water pur .cyor. Public fire hydrants,fire services,and public water facilities necessary to meet Fire Department requirements are the developer's financial responsibility and shall be installed by the water purveyor or by the developer at the water purveyor's discreticn.Contact:r:water purveyor indicated above for additional information. ACCESS: Provide two separate,dedicated routes of ingress/egress to the property entrance. The routes shall be paved,all weather. Provide an access road to each building for fire apparatus. Access roadway shall have an all-weather driving surface of not less than 20 feet of unob- structed width. ❑ Extend roadway to within 150 feet of all Dertions of the exterior wall of all single story buildings. ❑ Extend roadway to within 50 feet of the exterior wall of all multiple-story build!.9gs. Provide"NO PARKING"signs whenever park ng of vehicles would possible reduce the clearance of ac--ass roadways to less than the required width. Signs are to read"FIRE LANE—NO PARKING—M.C.S4c.15.16". ❑ Dead-end streets shall not exceed 500 feat in length and shall have a minimum 40 foot radius turn around ❑ The names of any new streets(public or private)shall be submitted to the Fire Department for approval. sIJE: All access roads and streets are to be constructed and usable prior to combusfibl:,constru !ion ^�Private fire hydrants shall be installed to protect each building located more than 150 feat from!ha curb line. No fire hydrants should be within 40 feet of any / exterior wall.The hydrants shall be Wet Barrel type,v`ith one 21/2 inch and 4 inch 0019!,and approved by the Fire Department. Areas adjacent to fire hydrants shall be designated as a"NO PARKING"zone by painting an 8 inch wide, red strpe`.or 15 feat in each direction in front of the hydrant in such a manner that it will not be blocked by parked vehicles. Lettering to be in white 6"by 1h". BUILDINGS: Address numerals shall be installed on the buliding at the front or other approved location in s;1ch a•canner as to be visible from the frontage street.Com- mercial and multi family address numerals shall be oinches tall,si gle family address numerate;tic:t,F 4 inches tall.The color of the numerals shall con- trast with the color of the background. /Z- 7 f/"'X- 4 " (7*' Kaar� Or 5z_D� ❑ Identify each gas and electric meter with the number of the unit it serves. Fire extinguishers must be installed prior to the building being occupied. The minimum rating for r;ray t;ra extinguisher is 2A 10B/C. Minimum distribution of fire extinguishers must be such that no interior part of the building is over 75 feet travel distance from a firs extinguisher. ❑ Apartment houses with 16 or more units,hoteis(motels)with 20 or more units,or apartments or hmeis(motels),three stories or more in height shall be equipped with automatic fire sprinklers designed to NFPA standards. `r� All buildings,over 5,000 square feet,shall be equipped with an automatic fire sprinker system designed to NFPA standards.This includes existing buildings P'. vacant over 365 days. Submit plans for the fire protection system to the Fire Department prior to beginning construction of the system.Permit required. Tenant improvements in all sprinklered buildings are to';e approved by the Fire Department prior to start o".construcion.Permit required. ❑ Provide fire alarm(required throughout).Flans must be approved by the Fire Department prior to start of installation.Permit required. Fire Department connection to sprinkler system/srandpipe system,shall be required at Fire Department approved location. Fire Code Permit required,apply at 200 east 3rd street,(909)384-5388. Mj?,l 8F_ Fire Sprinkler monitoring required. Plans must be approved by the Fire Department prior to the start of construction.Permit required. Note:The applicant must requekt,in writing,any changes to Fire Department requirements. ADDITIONAL INFORMATIOtJJ �, l rr I»,),,2s pct—t�)E'��' �r lZ— �G�F 100 Gem _ FPB 170(02-03) City of San Bernardino Public Services Department Development Project Conditions of Approval 300 North D Street - 4th Floor San Bernardino, CA 92418 Project Number: TPM 17052 & DPII Project Planner: Aron Liang Review Date: 9.14.06 04-54 Project Description/Business Name: Two Industrial Buildings I Project Location/Address: Between Cable & Devil Creeks Service Account: Reviewed By: Gracie Washington e-mail: Washington_gr @sbcity.org Phone: 909.384.5549 • Standard Development Requirements I Project shall meet all applicable Standard Development Requirements as attached. • Integrated Waste Management Survey i Applicant shall submit an Integrated Waste Management Survey for each of the activities marked below with the initial application to Planning for approval by the Public Services Department Refuse and Recycling i Division prior to issuance of permits for each activity. The information contained in the Survey as well as any related comments and mitigation provided by Public Services shall be summarized in the Initial Study and EIR if required for the project under CEQA. ❑ Demolition & Site ❑ Construction j Renovation ❑ Business Operations or Event Preparation i Additional Requirements or Recommendations i i City of San Bernardino Public Services Department Standard Development Requirements 'age 2 of 4 COMMERCIAL & INDUSTRIAL DEVELOPMENT Collection Services 1 . The collection or transportation of refuse, recyclable discards, or green waste from any commercial and industrial locations within the City shall be provided by the City of San Bernardino Public Services Department unless otherwise franchised or permitted. [MC § 8.24.140] 2. New accounts require a completed Service Application, with a full deposit and a copy of manuals for all compactor units, returned to the City of San Bernardino Refuse & Recycling Division prior to issuance of the final Certificate of Occupancy. 3. Shared refuse and recycling services for multi-tenant commercial sites shall be billed to a single owner or property manager, leases shall include terms to accommodate sub-metered services. 4. All refuse containing garbage, such as food, vegetable, or animal wastes, shall be removed at least twice weekly, and all other solid wastes shall be removed at least once weekly. [SB County Health, Sanitation and Animal Regulations § 33.0831 S. All commercial establishments generating 6 cubic yards or more of solid waste per week shall establish City recycling services for maximum diversion within 30 days of opening business, or establish an alternative diversion program to be identified in the IWM Survey for the project. Automated Cart Service to Nonresidential Facilities 6. Nonresidential establishments such as small offices, shops, meeting halls, or churches, which generate 2 cubic yards or less of non-bulky waste per week and are located on the same side of a residential block receiving automated cart service shall meet residential rather than commercial requirements. Service Vehicle Access 7. Projects shall meet City Engineering requirements for commercial vehicle drive access along the main ingress to and egress from enclosures. These requirements shall not limit requirements For Fire vehicle access. 8. Property without through access shall incorporate at least one of the following designs: • A cul-de-sac with a 40-foot turning radius for a 32-foot vehicle length • A hammerhead turn with a 40-foot turning radius for a 32-foot vehicle length Gated Access 9. Gated properties that are locked and unmanned on service days anytime between the hours of 5 AM and 5 PM I Monday through Saturday shall provide access code or key to Public Services. I Shared Collection Areas - Reciprocal Access i W. Front-load bin enclosures and roll-off compactor units may be shared across existing or proposed property lines if enclosures or equipment provide adequate capacity for anticipated refuse and recyclable materials generation, AND if Reciprocal Access for shared collection areas is recorded with the property. City of San Bernardino Public Services Department Standard Development Requirements °age 3 of 4 Roll-off Compactor Units 1 1 . Sealed compactor units dedicated separately to refuse and recyclables may be required to be installed at facilities with an anticipated waste generation of 60 uncompacted cubic yards per week. 12. Roll-off compactor units must be installed according to manufacturer's and City Engineering specifications with I the compactor hopper and roll-off box on a concrete slab with a minimum 3-foot continuously paved perimeter for safe access. 13. Roll-off boxes at locations receiving City service must meet City rail and hook specifications per City Engineering Standard 510. Boxes shall be designed with disposal end opposite hook-up, boxes with same-side design may be subject to a roll-back charge. 14. Compactor equipment shall be screened from view of public right-of-way by materials compatible with building architecture and landscaping as specified by City of San Bernardino Development Code. [MC § 19.20.030 (21)] 1 S. Location, orientation, and dimensions of enclosures, enclosure gates, pedestrian entry, compactor pads, and compactor screening, shall be shown on site plans and labeled that construction shall meet City Engineering Standards. Existing Bin Enclosures 16. Existing bin enclosures must have minimum inside dimensions of 7'9" x 9' OR 15' x 4'5" to fit two 3CY bins. Existing enclosures must have block walls, inside bumper guards or curbing, and solid steel gates, OR enclosure(s) must be reconstructed to meet Engineering Standard 508. Enclosure may be relocated for best drive access and alignment, plans subject to Public Services approval. (Please note, ifsite wil/generate 2CYorle55 of solid waste per week, see Residential Collection options.) Front-load Bin Enclosures & Access 17. Minimum double-wide enclosures of 8 feet by 15 feet shall be required for all development to allow for dedicated recycling bins, except where potential waste generation or space is restricted. [Specifications adopted in accordance with Model Ordinance as required by CA PRC §42911] 18. Front-load compactor units must be contained in an enclosure large enough to hold the unit and one additional bin facing lengthwise. 19. Front-load bin and compactor enclosures must be constructed according to City Engineering Standard 508. Rear ior side pedestrian entry shall be provided on enclosures for all multi-unit residential development. Pedestrian entry on free-standing enclosures shall have a 4-foot width, no gate or door, and an 'L' shaped block screen the j same height of the enclosure. 20. Pedestrian access from building exit to bin enclosure shall be a minimum 4 feet wide and continuously paved, without crossing curbs, steps, or driveways. 21 . Enclosure pads shall be level to restrict bins from drifting and designed for proper drainage of surface water. 22. Enclosures must be at least 5' from combustible walls, eave lines, or openings. [98 CA Fire Code § 1 103.2.2] City of San Bernardino Public Services Department Standard Development Requirements Page 4 of 4 23. Only refuse bins and the contents therein for disposal may be stored in refuse enclosures. All other equipment, fixtures, and materials such as electrical panels, circulation or exhaust ducts or vents, grease bins, or surplus supplies are strictly prohibited. 24. Enclosures shall be buffered with landscaping when viewable from public right-of-way, and vegetation shall not restrict gates or exceed height of enclosure. Include vegetation on landscape plans. 25. Enclosures shall be located with gates aligned for straight access for service vehicles. 26. Enclosures shall not obstruct drive aisles, driveways, loading zones, parking, handicap access, or visibility of cross-traffic from drive aisles, alleys, or streets. Location shall not cause service vehicle to block access drives during while bins are being serviced. 27. Enclosure gates shall not open into drive aisles, parking spaces, or walkways. Enclosures placed adjacent to parking shall be separated by a minimum 2-foot wide curbed area out to the farthest point of both gates, and designed to safely restrict gates from opening into parking spaces or landscaped areas.. 28. Location, orientation, and dimensions of enclosures, enclosure gates, and pedestrian entry, shall be shown on site plans and labeled that construction shall meet City Engineering Standards. Multi-unit Dwellings 3. Commercial requirements shall apply to all multi-unit dwellings over 8 units, unless otherwise approved. 30. Disposal chutes incorporated into multi-story buildings must have dedicated chutes for refuse & commingled recyclables. Both chutes shall be clearly and permanently labeled at each chute opening and exit. [Specifications adopted in accordance with Model Ordinance as required by CA PRC §42911] SAN_,ERNARDINO MUNICIPAL WATER REPARTMENT STANDARD REQUIREMENTS DRCIERC Case: TENTATIVE PARCEL MAP NO. 17052(SUBDIVISION NO.04-35)&DEVELOPMENT PERMIT II NO.04-54 EPN NUMBER: 266-041-71 EPN NUMBER: - DATE COMPILED: REVIEW OF PLANS: COMPILED BY: Brunson,Ted OWNER: Michael&David Hardy DEVELOPER: Hogle-Ireland,Inc. TYPE OF PROJECT: a request to construct two industrial buildings. Building A will be 48,844 square feet and Building B will be 138,078 square feet. NUMBER OF UNITS: 0 LOCATION: Southwest side of Industrial Parkway between Cable Creek and Devil Creek WATER DEPARTMENT ENGINEERING: CONTACT: Litchfield,Matthew PHONE NUMBER: (909)384-5386 FAX NUMBER: (909)384-5532 Note:All Water Services are Subject to the Rules-Regulations of the Water Department d Size of Main Adjacent the Project 12"D.I.P. IN INDUSTRIAL PARKWAY d Approximate Water Pressure 65 psi Elevation of Water Storage: 1720 Hydrant Flow @ 20psi: Type, Size, Location and Distance to Nearest Fire Hydrant Water Supply Study Required Pressure Regulator Required on Customer Side of the Meter Offsite Water Facilities Required Water Main Reimbursement Due Area Not Served by San Bernardino Municipal Water Department Network Hydraulic Analysis Required per Uniform Design Standards Comments: WATER QUALITY CONTROL CONTACT: Arrieta,Con PHONE NUMBER: (909)384-5325 FAX NUMBER: (909)384-5928 V R.P.P. Backflow Device Required at Service Connection for Domestic Service d Double Check Backflow Device Required at Service Connection for Fire and Irrigation Backflow Device to be Inspected before Water Service can be Activated No Backflow Device is required at this time SEWER CAPACITY INFORMATION CONTACT: Thomsen, Neil PHONE NUMBER: (909)384-5093 FAX NUMBER: (909)384-5592 Note:Proof of Payment Must be Submitted to the Building Safety Department Prior to Issuance of the Building Permit Sewer Capacity Fee Applicable at this time Sewer Capacity Fee must be paid to the Water Department for 0 Gallons Per Day: Equivalent Dwelling Units: 0 Subject to Recalculation of Fee prior to the Issuance of Building Permit Breakdown Of Estimated Gallons Per Day COPY TO: Customer; Planning; Engineering Tuesday, March 22,2005 EPN 2000 Page 1 of 1 CITY OF SAN BERNARDINO ATTACHMENT E DEVELOPMENT SERVICES INITIAL STUDY CITY OF SAN BERNARDINO INITIAL STUDY FOR VIC-VIN TWO-LOT INDUSTRIAL SUBDIVISION & TWO INDUSTRIAL BUILDINGS ON INDUSTRIAL PARKWAY Tentative Parcel Map No. 17502 (Sub No. 04-35) & Development Permit II No. 04-54 The Proposed Project will result in the development of approximately 10.3 acres of land on the southwest side of Industrial Parkway, between Devil Creek Channel and Cable Creek Channel. The Proposed Project will entail subdividing the site into two lots of 6.7 acres and 3.6 acres, and the construction and subsequent operation of approximately 187,694 square feet of building space in two buildings to accommodate warehouse facilities with offices. Development of the Proposed Project will be in accordance with the City of San Bernardino General Plan and Development Code. January 6, 2006 PREPARED BY Hogle-Ireland, Inc. 4280 Latham Street, Suite C Riverside, CA 92501 (951) 787-9222 PREPARED FOR City of San Bernardino Development Service Department 300 North "D" Street San Bernardino, CA 92418 (909) 384-5057 REVIEWED BY Independently reviewed, analyzed and exercised judgement in making the determination, by the Development/Environmental Review Committee on 'Lego pursuant to Section 21082 of the California Environmental Quality Act (CEQA). IS 1 CITY OF SAN BERNARDINO DEVELOPMENT SERVICES INITIAL STUDY The California Environmental Quality Act (CEQA) requires the preparation of an Initial Study when a proposal must obtain discretionary approval from a governmental agency and is not exempt from CEQA. The purpose of the Initial Study is to determine whether or nor a proposal, not exempt from CEQA, qualifies for a Negative Declaration or whether or not an Environmental Impact Report (EIR) must be prepared. 1. Project Title: Vic-Vin Tentative Parcel Map & Development Permit II 2. Lead Agency Name: City of San Bernardino Address: 300 North "D" Street San Bernardino, CA 92418 3. Contact Person: Aron Liang, Senior Planner Phone Number: (909) 384-5057 4. Project Location (Address/Nearest cross-streets): Industrial Parkway, between Devil Creek and Cable Creek Channels, northwest of Lexington 5. Project Sponsor: Victor DiPietro Vic-Vin Enterprises, LLC Address: 16400 Southcenter Parkway, #308 Seattle, WA 98188 6. General Plan Designation: IH Industrial Heavy in Subarea B of the Northwest Redevelopment Plan Area 7. Description of Project (Describe the whole action involved, including, but not limited to, later phases of the project and any secondary, support, or off-site feature necessary for its implementation. Attach additional sheets, if necessary): The proposed project is the subdivision of a 10.3-acre parcel into two industrial parcels, and construction of two warehouse-industrial buildings totaling 187,694 square feet. The proposal is to create one parcel of 6.7 acres with a 138,078 square-foot warehouse, and a second parcel of 3.6 acres with a 49,616 square-foot warehouse. - The proposed subdivision will result in two industrial parcels. Parcel 1 will contain 6.7 acres on the southerly portion of the site. It will have a frontage onto Industrial Parkway of approximately 400 feet, and the width will be approximately 400 feet. The southeasterly side (shown as project direction south on plans) will abut Devil Creek Channel with a depth of 729.72 feet. The northeasterly side will abut Parcel 2, and have a depth of approximately 531 feet. Lot depth will average vary, approximately, but will a roximatel 630 feet. The rear will abut Cable Creek Channel. i Parcel 2 will contain 3.6 acres on the northerly portion of the site, and will have a triangular shape. It will have a frontage onto Industrial Parkway of approximately 596 feet. The southeasterly side will abut Parcel 1 with a depth of approximately 531 feet. The west side (shown as project IS 2 CITY OF SAN BERNARDINO DEVELOPMENT SERVICES INITIAL STUDY will abut Parcel 1 with a depth of approximately 531 feet. The west side (shown as project direction northwest on plans) will abut Cable Creek Channel with a depth of approximately 613 feet. Because of the triangular shape, the proposed parcel will not have a rear property line. The proposed subdivision is in an urbanized area, zoned for industrial use, and results in two parcels in a manner conforming to the General Plan and the Development Code, without variances or exceptions, with all services and access available with a level of service meeting local standards. The project site was not involved in another subdivision within the last two years, and has an average slope of approximately 2.9 percent. The proposed project will consist of site preparation, appurtenant improvements, and construction of two concrete, tilt-up warehouses, with individual office areas located in prominent corners adjacent to landscaped parking areas. The buildings will have loading docks that face away from streets. Building A, on Parcel 2, will contain 49,616 square feet, of which approximately 4,200 square feet will be office space. Building B, on Parcel 1, will contain 138,078 square feet, of which approximately 9,600 square feet will be office space. The front office corners of each building will have architectural color and pop-out treatments. Building A will have a coverage of 32 percent, and 34,086 square feet of landscaping. Building B will have a coverage of 47 percent, and 34,556 square feet of landscaping. Landscaping is located primarily along the fronts of the parcels. Development Code Section 19.24.060 #6 provides that fifteen percent of the parking area is to be landscaped. The project plans indicate that the required landscaping for Building A is 11,606 square feet, and 34,086 square feet of landscaping is provided; while for Building B, the numbers are 18,094 (required) and 34,556 (provided). Development Code Section 19.24.040 provides that on-site parking be provided at a rate of one space per 250 square feet for the office areas, and either one space per 1,000 square feet (for Building A) or one space per 1,250 square feet (for Building B). This equates to 59 parking spaces for Building A and lit spaces for Building B. Respectively, 74 spaces and 154 spaces are provided. Following construction, the buildings would most likely be used as warehouses, although future tenants have not been identified. Therefore, the details of the future businesses' operating characteristics and number of future employees are unknown. Any future building tenants will be required to follow City codes, meet City standards, and comply with other Federal, State, and regional regulatory requirements. An estimate of the number of employees can be made. Using an assumption that the number of parking spaces required by the Development Code is a proxy for the maximum number of employees, the maximum number of persons employed at the two proposed buildings would be 195 (63 persons in Building A and 132 persons in Building B, for a total of 195 persons). It should be noted that this proxy is used for evaluating the maximum potential number of employees, and the actual number is likely to be smaller. Regional Context and Vicinity Maps, Aerial Photograph, Site Plan, and Subdivision Map follow. IS 3 Crestline° 0Lake anyc,a�rva u,�n"1 ° Arrowhead Forest Arrowhead ,Running Highlands Springs Project 330, Site Rancho -^ °Highland Cucamonga ° ee _Claremont ° - San °Upland 0 Fontana°Raillo Bernardino Montclair_ 30 ,Mentone O O O ° 60 Ontario Bloomington Colton o Redlands O Pomona Loma Linda ,Chino Mira Loma o c Rubidoux o v Riverside Calimesa 0 0 Chino Hills, O Moreno Valley e 60' :J Exhibit 1 - Rcl,,ional Contcxt Map �a Q � Q Q 2 Q O 0- aG� c� A I T PROJECT SITE ° > RoadO r z W 3ed Avenue W 2nd Avenue L.\Illl)IL ? '\lap rl� 1 c III zv 1 W z '. Z Y LG°�OO CCs" Lu W 9 P G9 i VIC-VIN L SAN BERNARDINO,CALIFORNIA AERIAL PHOTOGRAPH JANUARY 21 '05 r �Hit a CL i Q6f E a m �_ 57i?!� �Q ri of r r a w Y i. n: ,' w y �Ir o 0'� LU Lu a ( _ � Zwa CAM t _® i --------------- m V _ m LL - - - �.OD m I I I � Y U ILLJJ 5 E5 H;� c y 'i � v Tb< It CL LU ¢ o _ m `L = J W W ¢ 1 W W r WJi r v _ Z D u g //gN�� rV/ W O s JF L L ¢ y '� Lu Q - E a q rl # g �x _ e\ or - % O( _ Je Gee eK Oe d W \ Q Y 0 .� b co OL _ W ._. _ CV - Tj Q I a r — CITY OF SAN BERNARDINO DEVELOPMENT SERVICES INITIAL STUDY 8. Surrounding Land Uses and Setting: Vicinity: Industrial park development along Industrial Parkway, between the railroad/Cajon Boulevard corridor on the southwest and the 1-215 Freeway on the northeast - The area is traversed by Cable Creek Channel (roughly north to south) and Devil Creek Channel (northeast to southwest). On-site: IH - Industrial Heavy Land Use Designation, vacant - On March 23, 2000, the site was granted a Conditional Use Permit (#99-17) to establish a green waste recycling facility. On April 17, 2000, a Notice of Determination that that project would not have a significant effect on the environment, and that a mitigated negative declaration was prepared for the project was filed. At the same time, de minimis impact findings were made that there was no evidence that the project would have the potential for an adverse effect on wildlife or wildlife habitat. However, the project was not constructed, and the use permit is no longer valid. West: (Shown as project northwest on project plans) IH - Industrial Heavy Land Use Designation - Cable Creek Channel, and beyond that a fully developed industrial facility occupying about 38 acres on two parcels southwest of Industrial Parkway Northwest: IH - Industrial Heavy Land Use Designation - Cable Creek Channel, and beyond that vacant and developed industrial parcels northeast of Industrial Parkway and west of Cable Creek Channel North: IH - Industrial Heavy Land Use Designation - industrial facility northeast of Industrial Parkway and east of Cable Creek Channel Northeast: IH - Industrial Heavy Land Use Designation - industrial-warehouse facilities northeast of Industrial Parkway and backing onto the I-215 Freeway Southeast. (Shown as project south on project plans) Devil Creek Channel and right-of-way and beyond that IL - with PFC Public Flood Control Land Use Designation, Y Industrial Li ht Land Use Designation with vacant and developed industrial ark � � p P _ parcels Southwest: PFC - Public Flood Control IH - Industrial Heavy, and IL - Industrial Light Land Use Designations - the confluence of Cable Creek and Devil Creek Channels, and continuation of Devil Creek Channel toward Cajon Boulevard, with industrial development on either side. IS 8 CITY OF SAN BERNARDINO DEVELOPMENT SERVICES INITIAL STUDY 9. Other agencies whose approval is required (e.g., p ermits finance approval, or participation agreement): The following approvals are required prior to project implementation: • City of San Bernardino approval of Tentative Parcel Map SUB04-35 • City of San Bernardino approval of Type II Development Permit DP2/304-54 • Santa Ana Water Quality Control Board, NPDES Permit • City of San Bernardino approval of grading and building permits • U.S. Army Corps of Engineers review of drainage encroachment • San Bernardino County Flood Control Board approval of drainage encroachment IS 9 CITY OF SAN BERNAR DINO DEVELOPMENT SERVICES INITIAL STUDY ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. ❑ .Aesthetics ❑ Agriculture Resources ❑ Air Quality ❑ Biological Resources ❑ Cultural Resources ❑ Geology/ Soils ❑ Hazards & Hazardous ❑ Hydrology/ Water Quality ❑ Land Use/Planning Materials ❑ Noise ❑ Population/ Housing ❑ Mineral Resources ❑ Recreation ❑ Transportation/ Traffic ❑ Public Services ❑ Mandatory Findings of ❑ Utilities/ Service Systems Significance On the basis of this Initial Study, the City of San Bernardino Environmental Review Committee finds: ❑ I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. ® I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. ❑ I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. ❑ I find that the proposed project MAY have a"potentially significant impact" or"potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that. remain to be addressed. ❑ I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. Signature Date Printed Name For IS 10 CITY OF SAN BERNARDINO DEVELOPMENT SERVICES INITIAL STUDY Less Than Potentially Significant Less Than No Significant With Significant Impact Impact Mitigation Impact Incorporation I. AESTHETICS — Would the project: a) Have a substantial adverse effect on a scenic ❑ ❑ ® ❑ vista as identified in the City's General Plan? b) Substantially damage scenic resources, ❑ ❑ ❑ including but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? c) Substantially degrade the existing visual ❑ ❑ ® ❑ character of quality of the site and its surroundings? d) Create a new source of substantial light or glare ❑ ❑ ® ❑ which would adversely affect day or nighttime view in the area? e) Other: ❑ ❑ ❑ ❑ Discussion: l.a, c Scenic vistas and visual character are highly influenced by focal point and perspective. On page 12, the General Plan discusses quality of life, and references the "strong visual and physical amenity of [the City's] location at the base of the San Bernardino Mountains." The primary scenic and visual character, or the focal point in the vicinity of the proposed project is the distant backdrop view of the mountains north and east of the site. The public view of this focal point is primarily from public streets such as Industrial Parkway. The channelized areas of Devil Creek and Cable Creek are narrow corridors and closed to public access, and do not provide a perspective of views. Moreover, adjacent areas located farther to the southwest, particularly along Cajon Boulevard include foreground views of the railroad corridor and existing development.' Limited vistas also occur to a much lesser degree from various points around existing industrial buildings adjacent to the project site. The two proposed industrial buildings will provide large masses that will be located on the side of Industrial Parkway that is opposite the views of the mountains. Thus, persons viewing the mountains from Industrial Parkway will mostly be looking away from the proposed buildings. The buildings themselves_are subject to design requirements in the Development Code, will have architectural articulation at prominent corners facing the street, and will not detract from the visual character of the industrial neighborhood. From the perspective of persons alon g C ajon Boulevard approximately 800 feet distant, the proposed buildings are less than forty feet in height, and will not interfere with the view of the taller mountains when viewed from that distant position. Therefore, although there IS 11 CITY OF SAN BERNARDINO DEVELOPMENT SERVICES INITIAL STUDY Nvill be some effect on vistas and visual character, the effect will not be adverse, and there will be a less than significant impact from the proposed buildings. I.b The area does not contain a state scenic highway. Therefore, the proposed project would not have an impact on scenic resources within a state scenic highway. No mitigation measures are necessary. I.d The proposed project will result in an incremental increase in the amount of light and glare from the installation of on-site lighting. However, General Standards 11 and 14 within Section 19.20.030 of the Development Code provide that exterior lighting shall be shielded or recessed so that direct glare and reflections are contained within the boundaries of the parcel, and shall be directed downward and away from adjoining properties and public rights-of-way. It is further provided that no lighting shall blink, flash, or be of unusually high intensity or brightness, and that all lighting fixtures shall be appropriate in scale, intensity, and height to the use it is serving. Mandatory adherence to these provisions to reduce the impact of on-site light sources will reduce impacts associated with this issue to a less than significant level. I IS 12 CITY OF SAN BERNA RDINO DEVELOPMENT SERVICES INITIAL STUDY Less Than Potentially Significant Less Than No Significant With Significant Impact Impact Mitigation Impact Incorporation 11. AGRICULTURE RESOURCES: a) Convert Prime Farmland, Unique Farmland, or ❑ ❑ ❑ Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to a non- agricultural use? b) Other: Conflict with agricultural zoning, an ❑ ❑ ❑ existing agricultural use, or a Williamson Act Conservation Contract? Discussion: II.a The City of San Bernardino generally consists of Urban and Built-Up Land designations interspersed with Grazing Land designations. Reviews of the Department of Conservation Farmland Maps indicated that there are no areas designated as Prime and Unique Farmland by the California Resources Agency within the vicinity of the proposed project site or this part of the City.of San Bernardino. Therefore, there is no impact. Il.b The property is not used for agriculture, and is not subject to a Williamson Act Conservation Contract. Therefore, there is no impact. IS 13 CITY OF SAN BERNARDINO DEVELOPMENT SERVICES INITIAL STUDY Less Than Potentially Significant Less Than No Significant With Significant Impact Impact Mitigation Impact Incorporation III. AIR QUALITY — Would the project: a) Conflict with or obstruct implementation of the ❑ ® ❑ ❑ applicable air quality plan? (South Coast Air Basin) b) Violate any air quality standard or contribute ❑ ® ❑ ❑ substantially to an existing or projected air quality violation based on the thresholds in the SCAQMD's "CEQA Air Quality Handbook?" c) Result in a cumulatively considerable net ❑ ® ❑ ❑ increase of any criteria pollutant for which the project region is non-attaitunent under an applicable federal or state ambient air quality standard (including releasing emissions which exceed q uantitative thresholds for ozone precursors)? d) Expose sensitive receptors to substantial ❑ ❑ ® ❑ pollutant concentrations? e) Create objectionable odors affecting a ❑ ❑ ® ❑ substantial number of people based on the information contained in Project Description Form? f) Other: ❑ ❑ ❑ ❑ Discussion: II1.a-c The proposed project site is located within the South Coast Air Basin (SCAB). Local regulatory review and primary authority over potential sources of air pollution within the SCAB are under the jurisdiction of the South Coast Air Quality Management District (SCAQMD). The SCAB is an area not in attainment of the National Ambient Air Quality Standards or California Ambient Air Quality Standards for Particulate Matter <10 microns (PM10) and Ozone. Because of the non-attainment status, the SCAQMD was required to prepare, implement, and enforce a 2003 Air Quality Management Plan (AQMP) that was approved by the California Air Resources Board. The AQMP was designed to bring the region into compliance with federal and state air quality standards, and utilizes technology advancements and systemic, region-wide control measures, such as regulating use of surface coatings and solvents, and regulating petroleum operations and IS 14 CITY OF SAN BERNARDINO DEVELOPMENT SERVICES INITIAL STUDY fugitive emissions. The AQMP is a systemic approach rather than a project-by-project approach. As such, current and future systemic regulatory requirements and changes will also occur for the future operators of the proposed project, and the potential project impacts related to routine future operations will be mitigated along with all other operations in the SCAB. The SCAQMD developed the CEQA Air Quality Handbook (2001) with thresholds based on the volume. as stated in pounds per day, of emissions resulting from projects. Projects with daily emissions exceeding the following daily thresholds (expressed as pounds per day) are considered as having significant impacts on air quality: EMISSIONS THRESHOLDS ROG NOx CO S02 PM 10 During Construction 75 100 550 150 150 During Operation 55 55 550 150 150 During the construction phase, the site will be graded and the building pads will be prepared, the building shells will be constructed, the parking lots will be prepared, and final interior and exterior finishes will be completed, including the installation of landscaping. Based upon the SCAQMD's Urbemis program, the following daily construction emissions are anticipated: SITE GRADING EMISSIONS ESTIMATES Source ROG NOx CO S02 PM10 Fugitive Dust - - - - 23.84 Estimated Emissions - - - - 23.84 I Threshold Levels 75 100 550 150 1 150 Significant? No No No No No CONSTRUCTION EMISSIONS ESTIMATES Source ROG NOx CO S02 PM l 0 Bldg. Const. Off-Road Diesel - - - - - Bldg. Const. Worker Trips 1.49 1.82 34.93 0.02 0.13 Arch. Coating Off-Gas 314.37 - - - - Arch. Coating Worker Trips .99 1.54 28.93 0.02 0.12 Asphalt Off-Gas 1.19 - - -Asphalt Off-Road Diesel - - - -Asphalt On-Road Diesel 0.27 4.26 0.99 0.08 0.13 Asphalt Worker Trips - - - - - Estimated Emissions 317.81 7.34 58.85 0.12 1 0.37 Threshold Levels 75 100 550 150 150 Significant? Yes No No No No Construction emissions from the proposed project would exceed the SCAQMD thresholds of significance, although construction is anticipated to occur over a seven-month period, the actual threshold exceedence be even more short term as specified herein. The primary sources of IS 15 CITY OF SAN BERNARDINO DEVELOPMENT SERVICES INITIAL STUDY ei111SS1Oils during the beginning of the construction phase will be exhaust emissions from construction equipment and fugitive dust as a result of grading, however, these do not exceed thresholds with the proposed mitigation. However, later, toward the end of construction for a period of one month during exterior painting, the ROG threshold will be exceeded. The following mitigation measures are required to minimize the project contribution to local and regional emissions of pollutants and minimize impacts to adjacent developments: 1. The site shall be treated with water a minimum of twice per day to reduce PMIo emissions. 2. Driveways into the site shall be wet swept as needed to reduce PMIo emissions associated with vehicle tracking of soil off-site. 3. Grading operations shall be suspended when wind speeds exceed gusts of 25 mph to minimize PMI() emissions. 4. On-site construction traffic speed shall be limited to 15 mph on unpaved surfaces. Implementation of these mitigation measures would reduce emissions to levels below thresholds with the exception of the one-month period during exterior painting. This duration is considered to be short term, and once completed, the impact would cease. During the operational phase, the proposed project would operate as warehouses, and principle emissions are likely to be from the use of forklifts, commuter's vehicles, and delivery trucks. The following operational emissions are anticipated: OPERATIONAL EMISSIONS ESTIMATES ROG NOx CO S02 PM10 Area Source 2.93 0.91 2.31 0.00 0.01 Operational (Veh.) 10.11 9.29 98.51 0.09 7.79 Total 13.05 10.20 100.83 0.09 7.80 Threshold Levels 55 55 550 150 150 Significant? No No No No No Emissions during the operational phase would not exceed SCAQMD thresholds, although operations will have to comply with SCAQMD requirements. Implementation of the proposed project would not exceed established thresholds for pollutants identified by SCAQMD. III.d The SCAQMD Air Quality Analysis Guidance Handbook states that sensitive receptors are structures that either house persons who are especially sensitive to air pollution emissions, or provide gathering places for those persons to exercise. The proposed project will result in two warehouse structures located in an industrial park, and separated from residential land uses that are located northeast of the I-215 Freeway, and southwest of the Cajon Boulevard railroad corridor. These potential receptor locations are at least 800 feet from the project site. Moreover, the operational characteristics of the proposed project, as discussed above, are not likely to pose substantial pollutant concentrations, and any impacts would be less than significant. IS 16 CITY OF SAN BERNARDINO DEVELOPMENT SERVICES INITIAL STUDY Ill.e There would be temporary impacts during construction. Diesel-powered vehicles and equipment are likely to be used, and would create odors. There may also be odors from the installation of parking lot and driveway asphalt, and the application of architectural coatings on buildings. These temporary odors are not likely to be noticeable beyond the project boundaries. SCAQMD requirements regarding the installation of asphalt surfaces and the application of architectural coatings are sufficient to reduce temporary odor impacts to a less than significant level. IS 17 CITY O F SAN BERNARDINO DEVELOPMENT SERVICES INITIAL STUDY Less Than Potentially Significant Less Than No Significant With Significant Impact Impact Mitigation Impact Incorporation IV. BIOLOGICAL RESOURCES — Would the project: a) Have a substantial adverse effect, either directly ❑ ❑ ® ❑ or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or US Fish and Wildlife Service? b) Have a substantial adverse effect on any ❑ ❑ ® ❑ riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? c) Have a substantial adverse effect on federally ❑ ❑ ❑ j protected Nvetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, fillin g hydrological � interruption, or other means? d) Interfere substantially with the movement of ❑ ❑ ❑ any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? e) Conflict with the provisions of an adopted ❑ ❑ ❑ Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? IS 18 CITY OF SAN BERNARDINO DEVELOPMENT SERVICES INITIAL STUDY Less Than Potentially Significant Less Than No Significant With Significant Impact Impact Mitigation Impact Incorporation IN'. BIOLOGICAL RESOURCES — Continued fl Other: ❑ ❑ ❑ ❑ Discussion: 1%'.a-b The proposed project site is not within the Biological Resources Management Overlay as shown on Figure 41 of the General Plan. An initial study conducted in 2000 for Conditional Use Permit (CUP) 99-17, concluded that a project proposed for this site would not result in any impacts to endangered, threatened or rare species, or their habitats. A Negative Declaration was approved, and De Mininds Impact Findings were made. More recently, on July 12, 2001, the same De :kfinimis Impact Findings were made for another project, CUP 00-28, located immediately across Industrial Parkway from the proposed project site. The 2000 initial study for CUP 99-17, described the plant cover on the proposed project site as a "mixture of non-native weedy species commonly found growing on vacant lots in southern California such as ragweed (Abrosia psilostachva), short-podded mustard (Hirschfeldia incana), and foxtail (Vulpia myuros), which supports minimal wildlife activity." That study went on to say that the "surrounding properties are either vacant supporting similar non-native grasslands, or developed with heavy industrial activities such as San Bernardino Steel which discourage the presence of wildlife." l%'.c The proposed project site is a three-sided parcel that is bounded on one side by Industrial Parkway, and on the other two sides by Devil Creek Channel and Cable Creek Channel. These channels are improved drainage channels operated by the San Bernardino County Flood Control District and have raised, manufactured sides that contain flowage. The project site has a slight slope that averages about 2.9 percent, and that is roughly uniform across the site, draining down to the southeast. This slope neither intercepts natural drainage courses, nor provides a condition conducive to the formation of a wetland character. Thus, there are no jurisdictional drainages or wetlands, and there is no impact related to this issue. IV.d Refer to IV.a-b above. 1%'.e The proposed project site is not located within an adopted Habitat Conservation Plan or Natural Community Conservation Plan area. Thus, there is no impact associated with this issue. IS 19 CITY OF SAN BERNARDINO DEVELOPMENT SERVICES INITIAL STUDY Less Than Potentially Significant Less Than No Significant With Significant Impact Impact Mitigation Impact Incorporation V. C11JURAL RESOURCES - Would the project: a) Be developed in a sensitive archaeological area ❑ ❑ ❑ as identified in the City's General Plan'? b) Cause a substantial adverse change in the ❑ ❑ ❑ significance of an archaeological resource pursuant to 5 15064.5 of CEQA? A c) Cause a substantial adverse change in the ❑ ❑ ❑ significance of a historical resource as defined in 515064.5 of CEQA? d) Directly or indirectly destroy a unique ❑ ❑ ❑ paleontological resource or site or unique geologic feature? e) Disturb any human remains, including those ❑ ❑ ❑ interred outside of formal cemeteries? f) Other: ❑ ❑ ❑ ❑ Discussion: V.a-d The proposed project site is outside the areas for concern mapped on Figure 8 of the General Plan. There are no known unique ethnic or cultural values, or religious or sacred uses associated with the project site. No prehistoric sites have been previously recorded with the National Register of Historic Sites on or within one mile of the project site, and no fossil remains have been found. Thus no historic properties, paleontological resources, or archeological resources_ have been identified at the project site, and there will be no impact. V.e There is no evidence in place to suggest the project site has been used for human burials. The California Health and Safety Code Section 7050.5 states that if human remains are discovered on-site, no further disturbance shall occur until the County Coroner has made a determination of origin and disposition pursuant to Public Resources Code Section 5097.98. As adherence to State law is required for all development, no mitigation is required in the unlikely event human remains are discovered on-site. IS 20 CITY OF SAN BERNARDINO DEVELOPMENT SERVICES INITIAL STUDY Less Than Potentially Significant Less Than No Significant With Significant Impact Impact Mitigation Impact Incorporation V1. GEOLOGY AND SOILS — Would the project: a) Involve earth movement (cut and/or fill) based ❑ ❑ ® ❑ on information included in the Project Description Form? b) Expose people or structures to potential ❑ ❑ ® ❑ substantial adverse effects, including the risk of loss, injury, or death? c) Be located within an Alquist-Priolo Earthquake ❑ ❑ ❑ Fault Zone? d) Result in substantial soil erosion or the loss of ❑ ❑ ❑ topsoil? e) Be located within an area subject to landslides, ❑ ❑ ❑ mudslides, subsidence, or other similar hazards as identified in the City's General Plan? f) Be located within an area subject to liquefaction ❑ ❑ ❑ as identified in the City's General Plan? g) Modify any unique physical feature based on a ❑ ❑ ❑ site survey/evaluation? h) Result in erosion, dust, or unstable soil ❑ ❑ ® ❑ conditions from excavation, grading, fill, or other construction activities? i) Other: Development within Hillside ❑ ❑ ❑ Management Overlay District of on slopes in excess of fifteen percent? Discussion: VI.a Development of the project site will require the movement of earth during site preparation and construction of the proposed buildings, drive ways, and parking areas. On-site grading operations will be required to adhere to applicable standards established and enforced by the IS 21 CITY OF SAN BERNARDINO DEVELOPMENT SERVICES INITIAL STUDY I City. Adherence to these standards will reduce potential impacts relative to on-site earth moving to a less than significant level. VI.b The proposed project site is located in the San Bernardino Valley, which is an area of high regional seismicity. The San Andreas Fault is located approximately 2.0 miles north of the project site, while the Glen Helen / San Jacinto Fault area is located approximately 1.0 to 2.0 miles southwest of the site, as shown on Figure 47 of the General Plan. The Cucamonga Fault is located more distantly from the project site, as indicated by Figure 46 of the General Plan. No impacts associated with on-site fault rupture are anticipated to occur because no fault traces have been located on the project site. The most likely hazard to persons and property would result from ground shaking during a seismic event. Based on Figure 46 of the General Plan, a maximum ground acceleration of 0.8g may occur during a magnitude 8.5 event on the San Andreas Fault, a maximum ground acceleration of 0.7g may occur during a magnitude 7.5 event on the San Jacinto Fault, and maximum ground acceleration of 0.458 may occur during a magnitude 6.5 event on the Cucamonga Fault. The project site is located in Uniform Building Code, Seismic Zone 4. The State has modified the Uniform Building Code (UBC) to incorporate modifications specifically for construction within seismically active areas. Adherence to standards set forth in this revised building code, the California Building Code (CBC), which is required for all construction within the State, will reduce -round P potential -round shakin imp acts to a less than significant level. ID of Al uist Priolo Special Stud Zones VI.c The proposed project site is outside the mapped locations q p y shown on Figure 47 of the General Plan, and there will be no impacts associated with construction in such a Zone. VIA The proposed project site is outside the mapped areas of high potential for water or wind erosion shown on Figure 53 of the General Plan. Moreover, the av buildings, paving, and landscape P g P resulting from the implementation of the proposed project will eliminate potential exposure to wind or rain erosion. As part of the development process, the developer must prepare, and have approved by the City, a Stormwater Pollution Prevention Plan (SWPPP) and a Water Quality Management Plan (WQMP) that will set out required actions that will avoid stormwater run-off and the resulting erosion. These actions are required during and following construction. Thus, there will be no such impacts associated with construction at the project site. Vl.e The proposed project site is in an area of low relief, and is outside the mapped areas of Generalized Landslide Susceptibility shown on Figure 52 of the General Plan, and there will be no such impacts associated with construction at the project site. The site is also outside the mapped area with potential ground subsidence shown on Figure 51 of the General Plan, and there will be no such impacts associated with construction at the project site. VI.f The proposed project site is outside the mapped areas of High or Moderately High to Moderate Liquefaction Susceptibility shown on Figure 48 of the General Plan, and there will be no such impacts associated with construction at the project site. IS 22 CITY OF SAN BERNARDINO DEVELOPMENT SERVICES INITIAL STUDY 1.g. The project site is relatively flat, with indications of some prior grading. The project site does not contain, nor will the proposed project result in the modification of any creek, channel, river, or unique geologic or physical feature. Thus, the proposed project will not result in impacts associated with this issue. VT Implementation of the proposed project will require the temporary excavation, stockpiling, and movement of soil to accommodate general site preparation, final grading, building construction, parking lot and driveway construction, and landscaping. The disturbance and movement of soils will increase the potential for on-site soil erosion and dust unless measures are taken to mitigate these temporary impacts. Development of the site will result in the movement of soil in excess of 1.0 acre, and the project proponent wily be required to obtain a National Pollutant Discharge Elimination System (NPDES) permit, as well as submitting a Storm Water Pollution Prevention Plan (SWPPP) to address erosion and discharge impact associated with the proposed on-site grading. The developer will also be required to comply with grading and erosion control measures (including the prevention of sedimentation or damage to off-site property) set forth in Chapter 15 of the Municipal Code. Adherence to the NPDES permit requirements and the standards established by the City will reduce potential impacts related to this issue to a less than significant level. Because the site is relatively flat, without slopes of significant steepness, and requires only minor grading cuts and fills, soil stability will not be an issue during construction. Based on the above information andspecified development requirements, although there could be temporary impacts during construction, they would be less than significant. VI.i The proposed project site is a relatively flat land form with no steeply sloped areas, and with an average grade of approximately 2.9 percent sloping down to the southwest. Elevations on-site range from 1,586 feet above mean sea level (amsl) at the northerly corner of the site to 1,559 feet amsl at the site's southwestern corner. Moreover, the project site is not located in or near the foothill area referenced in Section 19.17.030 of the Development Code as being applicable for the Hillside Management Overlay District (HMOD), nor does it contain slopes in excess of fifteen percent. Proposed finished grades will remain closely related to the site's existing grade. Thus, there will be no impacts related to these issues. See also: IX.d p ( ) 1S 23 CITY OF SAN BERNARDINO DEVELOPMENT SERVICES INITIAL STUDY i Less Than Potentially Significant Less Than No Significant With Significant Impact Impact Mitigation Impact Incorporation VII. HAZARDS AND HAZARDOUS MATERIALS — Would the project: a) Create a significant hazard to the public or the ❑ ❑ ® ❑ environment through the routine transport, use, or disposal of hazardous materials? b Create a significant hazard to the public or the ❑ 1:1 ❑ El environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? c) Emit hazardous emissions or handle hazardous ❑ ❑ ❑ or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? d) Be located on a site which is included on a list ❑ ❑ ❑ of hazardous materials sites compiled pursuant p to Government Code Section 65962.5 and, as a w r result, would t it create a significant hazard to the public or the environment? e) For a project located within an airport land use ❑ ❑ ❑ plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? f) Impair implementation of or physically interfere ❑ ❑ ❑ with an adopted emergency response plan or emergency evacuation plan? g) Expose people or structures to a significant risk ❑ ❑ ❑ of loss, injury or death involving wildland fires, including here wildlands are adjacent to g J urbanized areas or where residences are intermixed with wildlands? IS 24 CITY OF SAN BERNARDINO DEVELOPMENT SERVICES INITIAL STUDY Less Than Potentially Significant Less Than No Significant with Significant Impact Impact Mitigation Impact Incorporation N'II. HAZARDS AND HAZARDOUS MATERIALS — Continued h) Other: ❑ ❑ ❑ ❑ Discussion: V1I.a-b The proposed project will consist of two warehouse buildings that would be used by future tenants. Most likely, goods will be transported to, stored at, and transported from the site by way of trucks and trailer-trucks. Although the underlying IH zone allows other industrial uses, Table 08.01 within Section 19.08.020 of the Development Code provides that industrial uses require review and approval of either Development Permits or Conditional Use Permits, and there would be no inadvertent significant change in use. The proposed project could result in the transport of hazardous materials to the site, although the handling of hazardous materials other than for routine cleaning and maintenance purposes is neither proposed nor anticipated. The types of potentially hazardous materials that may be used during the course of future daily activities at the proposed project site are likely to be fuel, paint products, lubricants, solvents, and cleaning products in quantities that are not significant. The construction of the proposed project will include transporting and using potentially hazardous materials such as construction materials, paints. paving materials, fuels, etc. The transport and use of hazardous materials during the construction and operation of the site is required to be conducted in accordance with all applicable Federal and State laws, and local requirements. Compliance with all applicable laws and regulations will reduce the potential impact associated with the routine transport, use, or disposal of hazardous materials to a less than significant level. Should a future use be proposed in either of the buildings that requires significant use of hazardous materials, approvals from the City Building and Fire Departments would be required. VII.c The proposed project site is not located within one-quarter mile of either an existing or a proposed school. The one-quarter mile ring includes an area extending roughly to Kendall Drive on the northeast, Majestic Avenue on the southwest, and inside the Industrial Parkway area on the northwest and southeast, and most of the area is an industrial park. Thus, there would be no potential for impacts to schools within one-quarter mile of the project. `'Il.d The proposed project site has not been designated as a hazardous materials site by the California Department of Toxic Substances Control, and there is no impact associated with this issue. IS 25 CITY OF SAN BERNARDINO DEVELOPMENT SERVICES INITIAL STUDY I \11.e The project is not located within an airport land use plan or within two miles of a public airport or public use airport. The closest airport is the Rialto Municipal Airport, located approximately 4.5 miles southwest of the proposed project site. When comparing the location of the proposed project site from the extended centerlines of that airport's runways, the proposed project site is approximately two miles from that extended centerline, measured perpendicularly from a point on that centerline about 3.5 miles from the end of the runway, labeled Runway 9 on the 2005 Thomas Guide map. The second closest airport is the San Bernardino International Airport, located approximately eight miles southeast of the proposed project site. Based on information in Section 19.12 of the City of San Bernardino Development Code, the proposed project site is not within or proximate to areas identified as presenting potential hazards to persons. Moreover, the proposed project site is outside of constrained areas identified within Federal Aviation Regulations Part 77. Thus, there is no impact. (See also: IX.f) VI1.f The developer of the proposed project must submit plans for review and approval by the San Bernardino Fire Department (SBFD) prior to issuance of building permits. Future tenants of the two warehouses with internal office facilities in the project would be required to prepare and implement a Business Emergency Response Plan that identifies emergency procedures to be used, snaps of' the building and tenant improvements, who is responsible for implementation of the plan, and who should be called in case of an emergency, and any other information required b\ the SBFD. The SBFD reviews designs and plans to ensure that there is adequate emergency access for their vehicles. Therefore, the proposed project would not impair or otherwise physically interfere with an adopted emergency response or evacuation plan. VII.g The proposed project site is located southwest of Kendall Drive and the I-215 Freeway, outside the mapped Fire Hazard Area shown on Figure 61 of the General Plan. Moreover, the surrounding vicinity is generally developed with industrial uses, and there are no adjacent wildlands. Therefore the proposed project will not expose people or structures to a significant risk of loss, injury or death involving wildland fires, and there is no impact. (See also: IX.e) IS 26 CITY OF SAN BERNARDINO DEVELOPMENT SERVICES INITIAL STUDY Less Than Potentially Significant Less Than 'No Significant With Significant Impact Impact Mitigation Impact Incorporation 111. HN'DROLOGY AND WATER QUALITY — Would the project: a) Violate any water quality standards or waste ❑ ® ❑ ❑ discharge requirements? b) Substantially deplete groundwater supplies or ❑ ❑ ® ❑ interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? c) Substantially alter the existing drainage El ❑ ❑ pattern of the site or are a, including through the alteration of the course of a stream or river, in a mariner which would result in substantial erosion or siltation on- or off-site? d) Substantially alter the existing drainage ❑ ❑ ❑ ❑ pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off-site? e) Create or contribute runoff water which would ❑ ❑ ® ❑ exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff, such as from areas of material storage, vehicle or equipment maintenance (including washing or detailing), waste handling, hazardous materials handling or storage, delivery areas, loading docks, or other outdoor areas? IS 27 CITY OF SAN BERNARDINO DEVELOPMENT SERVICES INITIAL STUDY Less Than Potentially Significant Less Than No Significant With Significant Impact Impact Mitigation Impact Incorporation VIII. HYDROLOGY AND WATER QUALITY — Continued l) Otherwise substantially degrade water ❑ ❑ ❑ quality:' Place housing within a 100-year flood hazard ❑ ❑ ❑ area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? (Panel No. 06071 C7940F) h) Place within a 100-year flood hazard area ❑ ❑ ❑ structures which would impede or redirect flood flows? i) Expose people or structures to a significant ❑ ❑ ❑ risk of loss, injury, or death involving flooding, including flooding as a result of the failure of a levee or dam? j) Inundation by seiche, tsunami, or mudflow? ❑ ❑ ❑ k) Other: ❑ ❑ ❑ ❑ Discussion: VIII.a The proposed project is designed to, and will be connected to existing water and sewer systems. During construction, waste discharges will potentially include discharges of stormwater and sediment. However, a construction project resulting in the disturbance of 1.0 acre or more requires an NPDES permit, and preparation of a Storm Water Pollution Prevention Plan (SWPPP) is required of the project proponent. Adherence to measures included in the SWPPP will reduce potential water quality impacts to a less than significant level. Prior to the issuance of building permits, the project applicant will also be required to satisfy City requirements related to the payment of fees and/or the provision of adequate wastewater facilities. All facilities will be designed, installed, and maintained to meet City standards to ensure wastewater- related water quality standards are not exceeded. A Water Quality Management Plan (WQMP) will also be prepared, and during the operation of the proposed warehouse-industrial buildings, the operator is required to adhere to these NPDES and City requirements. IS 28 CITY OF SAN BERNARDINO DEVELOPMENT SERVICES INITIAL STUDY Therefore, with confonnance to the following mitigation measures, the level of significance will be reduced to less than significant: 5. Prior to issuance of grading permits, the applicant shall prepare a Stormwater Pollution Prevention Plan (SWPPP) and obtain a Notice of Intent (NOI) to comply with obtaining coverage under the National Pollutant Discharge Elimination System (NPDES) General Construction Storm water Permit from the State Water Resources Control Board. Evidence that this has been obtained (i.e. a copy of the Waste Discharger's Identification Number) sllall be submitted to the City for coverage under the NPDES General Construction Permit. G. Prior to issuance of building permits, the applicant shall submit to the City Engineer for approval, a Water Quality Management Plan (WQMP), including a project description and identifying best Management Practices (BMPs) that will be used on-site to reduce pollutants into the storm drain system to the maximum extent practicable. Vlll.b The project area is served by existing water lines which will serve the proposed warehouse- industrial buildings. Private wells are not proposed, and the project will not use or deplete groundwater supplies. Due to the inclusion of permeable landscape areas, the proposed project will allow some groundwater recharge. The soils at the site are primarily in group "A", which is the most pervious on a scale from A to D. Although, the proposed project will reduce existing absorption rates because of the installation of impervious surfaces, the impacts are considered to be less than significant. V1ILc The project does not involve either on-site or off-site improvements that would significantly change existing drainage patterns. Both Cable Creek and Devil Creek are channelized drainage systems of the San Bernardino County Flood Control District, and their drainage patterns are alreadv determined and restricted. The onsite flow will continue to be directed in a southwest direction at an average gradient of less than 3 percent into one or more drainage inlets installed to filter and control the sediment, silt, debris, trash, oils, and grease prior to release into the flood control channels. Some existing areas immediately adjacent to the street, including parkway areas within the public right-of-way currently drain toward the street, so there will not be a substantial change in drainage patterns. None of the proposed drainage is sufficient to substantially alter the existing drainage patterns, or result in substantial erosion or siltration. Thus, there are no impacts related to substantial alteration of patterns or erosion. VIII.d The project does not involve either on-site or off-site improvements that would change existing drainage patterns in a manner that would result in flooding on- or off-site. Due to construction of the proposed warehouse-industrial buildings, and parking and driveway areas, the only remaining permeable areas will be landscape areas that will comprise approximately 1.57 acres of the 10.33-acre site. Therefore, the amount of run-off will be increased but not to the extent that will result in flooding, and any impacts will be less than significant. VIII.e Development of the project will maintain the existing, natural drainage pattern in which storm flows currently run-off southwest toward Devil Creek Channel. With development, project drainage will be collected at the southwest corner of the site, and dropped into an inlet. From this inlet the flows will be passed through a two stage filtration system before entering Devil IS 29 CITY OF SAN BERNARDINO DEVELOPMENT SERVICES INITIAL STUDY Creek Channel. Devil Creek Channel is a lined channel that has been improved to accommodate drainage in its basin and in the vicinity of the project area. As such, storm flows from the proposed project will not exceed that anticipated by the existing capacity in Devil Creek Channel. Since the proposed project is greater than 1.0 acre in size, it requires an NPDES permit and preparation of a Storm Water Pollution Prevention Plan (SWPPP) is also required. Adherence to measures included in the SWPPP will reduce potential water quality impacts to a less than significant level. Prior to the issuance of building permits, the project applicant will also be required to satisfy City requirements related to the payment of fees and/or the provision of adequate wastewater facilities. All facilities will be designed, installed, and maintained to meet City standards to ensure wastewater-related water quality standards are not exceeded. A Water Quality Management Plan (WQMP) will also be prepared, and during the operation of the proposed warehouse-industrial buildings, the operator is required to adhere to these WQMP and City requirements. and any impacts will be less than significant. III.f The proposed project is greater than 1.0 acre in size, and requires an NPDES permit, preparation of a SWPPP, and a WQMP for operation of the warehouse-industrial buildings. Prior to the issuance of building permits, the project applicant will also be required to satisfy City requirements related to the payment of fees and/or the provision of adequate wastewater facilities. All facilities will be designed, installed, and maintained to meet City standards to ensure wastewater-related water quality standards are not exceeded. Therefore, no significant impact which will substantially degrade water quality will occur. V Ill.o The proposed project is the subdivision of one industrial parcel into two industrial parcels, and the construction of two warehouse-industrial buildings. No housing is proposed, and there is no impact. VIII.h The proposed project site is located outside any 100-year flood plain as identified in Figure 62 of the General Plan and the Federal Emergency Management Agency Flood Insurance Rate Map, Community Panel Number 06071C7940F, dated March 18, 1996. Although the site is located adjacent to Cable Creek Channel and Devil Creek Channel, the 100-year flood-plain is confined to those channels, under the jurisdiction of the San Bernardino County Flood Control District. Therefore, the proposed project will not result in placing structures that would impede or redirect flood flows, and there will be no impact. VIII.i The proposed project site is located outside any 100-year flood plain as identified in Figure 62 of the General Plan and the Federal Emergency Management Agency Flood Insurance Rate Map, Community Panel Number 06071 C7940F, dated March 18, 1996. Although the site is located adjacent to Cable Creek Channel and Devil Creek Channel, the 100-year flood-plain is confined to those channels, under the jurisdiction of the San Bernardino County Flood Control District. Since there are no dams in the vicinity of the project site, and there will be no impacts that will expose people or structures to a significant risk of loss, injury, or death involving flooding as a result of this development. VIII) The proposed project site is located more than 60 miles from the Pacific Ocean, and there are no adjacent ponds, lakes, or reservoirs. Thus, there is no potential for or impacts from tsunamis or IS 30 CITY OF SAN BERNARDINO DEVELOPMENT SERVICES INITIAL STUDY seiches. The site is generally flat and not in close enough proximity to mountainous areas from which mudflows could reasonably be expected to enter the site, particularly since the adjacent Cable and Devil Creeks are channelized and the project site is outside any 100-year flood plain as identified in Figure 62 of the General Plan and the Federal Emergency Management Agency Flood Insurance Rate Map, Community Panel Number 06071C7940F, dated March 18, 1996. Therefore, there is no impact related to seiche, tsunami, or mudflow. IS 31 CITY OF SAN BERNARDINO DEVELOPMENT SERVICES INITIAL STUDY Less Than Potentially Significant Less Than Significant With Significant �o Impact Impact Mitigation Impact Incorporation IX. LAND USE AND PLANNING — Would the project: i a) Physically divide an established community? ❑ ❑ ❑ h) Conflict with any applicable land use plan, ❑ ❑ ❑ policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c) Conflict with any applicable habitat ❑ ❑ ❑ conservation plan or natural community conservation plan? d) Be developed within the Hillside Management ❑ ❑ ❑ Overlay District? e) Be developed within Foothill Fire Zones A, B, ❑ ❑ ❑ or C as identified in the City's General Plan? 0 Be developed within the Airport Influence Area ❑ ❑ ❑ as adopted by the San Bernardino International Airport Authority? g) Other: ❑ ❑ ❑ ❑ Discussion: IX.a The proposed project site is an existing 10.3-acre parcel that is bounded by Industrial Parkway on one side, and by Cable Creek Channel and Devil Creek Channel on the other sides. The area immediately surrounding the vicinity is composed of other industrial parcels ranging in size from about five acres to about 22 acres. The larger vicinity, within about 1,000 feet and located between the I-215 Freeway and the railroad corridor adjacent to Cajon Boulevard, includes industrial and commercial parcels that average approximately 6.9 acres each in size. Thus the project site is comparable in size to neighboring parcels and does not physically divide the vicinity. The vicinity is located between the I-215 Freeway on the northeast, and the railroad corridor on the southwest, barriers which establish the community, in which the project site is consistent in size and zoning with the character of that community. IS 32 CITY OF SAN BERNARDINO DEVELOPMENT SERVICES INITIAL STUDY IX.b The proposed project will result in the development of a 10.3-acre parcel subdivided into two lots in the IH - Industrial Heavy General Plan and Zone area. The site is outside the Biological Resource Management Overlay as shown on Figure 41 of the General Plan. Development Code Section 19.08.030 General Standard 1.A provides that lots in that zone contain at least 40,000 square feet. The smallest parcel proposed is 3.6 acres, well above the minimum size. The proposed project also consists of construction of two warehouse-industrial buildings containing 138,078 square feet and 49,616 square feet, on lots containing approximately 157,000 square feet and 293,000 square feet respectively, with a resulting coverage of about 32 percent and 47 percent respectively. whereas Section 19.08.030 General Standard LA allows a coverage of up to 75 percent. Furthermore, the improvements are subject to the Development Permit process that ensures that development conforms to City codes and standards. Thus, there is no impact on land use plans or zones. IX.c The proposed project site is not located within an adopted Habitat Conservation Plan or Natural Community Conservation Plan area. Thus, there is no impact associated with this issue. IX.d The proposed project site is a relatively flat land form with no steeply sloped areas, and with an average grade of approximately 2.9 percent sloping down to the southeast. The project site is not located in or near the foothill area referenced in Section 19.17.030 of the Development Code as being applicable for the Hillside Management Overlay District (HMOD), nor does it contain slopes in excess of fifteen percent. Thus, there will be no impacts related to these issues. (See also: VI.i) IX.e The proposed project site is located southwest of Kendall Drive and the 1-215 Freeway, outside the mapped Fire Hazard Area shown on Figure 61 of the General Plan. Therefore the proposed project will not expose people or structures to a significant risk of loss, injury or death involving wildland fires, and there is no impact. (See also: VII.g) IX.f The proposed project site is located approximately eight miles northwest of the San Bernardino International Airport, outside of that airport's Airport Influence Area. Thus, there is no impact. (See also: VII.e) IS 33 CITY OF SAN BERNARDINO DEVELOPMENT SERVICES INITIAL STUDY Less Than Potentially Significant Less Than �o Significant With Significant Impact Impact Mitigation Impact Incorporation X. MINERAL RESOURCES — Would the project: a) Result in the loss of availability of a known ❑ ❑ ❑ mineral resource that would be of value to the region and the residents of the state? b) Result in the loss of a locally-important mineral ❑ ❑ ❑ resource recovery site delineated on a local -eneral plan, specific plan or other land use plan? c) Be located in a Mineral Resource Zone as ❑ ❑ ❑ adopted by the State Mining and Geology Board and identified in the City's General Plan? I Discussion: X.a-c The only mineral resource referenced in the General Plan is construction aggregate, generally I described as sand and gravel. The P ro proposed site is located outside of areas mapped as being Regionally Significant Construction Aggregate Sectors, shown on Figure 42 of the General Plan. Therefore, development of the proposed project site will not result in the availability or loss of construction aggregate, and there will be no impact. IS 34 CITY OF SAN BERNARDINO DEVELOPMENT SERVICES INITIAL STUDY Less Than Potentially Significant Less Than No Significant With Significant Impact Impact Mitigation Impact Incorporation XI. NOISE — Would the project result in: a) Exposure of persons to or generation of noise ❑ ❑ ® ❑ levels,in excess of standards established in the CitN's General Plan or Development Code, or applicable standards of other agencies? b) Exposure of persons to or generation of ❑ ❑ ❑ ❑ excessive groundborne vibration or groundbourne noise levels? c) A substantial permanent increase in ambient ❑ ❑ ® ❑ noise levels in the project vicinity above levels existing without the project? d) A substantial temporary or periodic increase in ❑ ❑ ® ❑ ambient noise levels in the project vicinity above levels existing without the project? e) For a project located within an airport land use ❑ ❑ ❑ plan or Airport Influence Area, would the project expose people residing or working in the project area to excessive noise levels? f) Other: ❑ ❑ ❑ ❑ Discussion: XI.a The subdivision aspect of the proposed project relates to property ownership patterns within an industrial zone, and there is no impact. The proposed project will also consist of two warehouses located within the IH zone, and are likely to generate noise levels consistent with warehouse and industrial uses in the immediate vicinity. As shown on Figure 56 of the General Plan, industrial uses may be considered compatible with community noise environments, in this case, an industrially zoned industrial park, when buildings are of normal, conventional construction without special noise insulation. General Standard 15 of Development Code Section 19.20.030 provides that no loudspeaker, bells, gongs, buzzers, mechanical equipment or other sounds, attention-attracting, or communication device associated with any use shall be discernible beyond any boundary line of the parcel, except fire protection devices, burglar alarms and church bells. All development must comply with this standard. For these reasons, any noise impacts related to the generation of noise in excess of standards, and the exposure of persons to such noise, are less than significant. IS 35 CITY OF SAN BERNARDINO DEVELOPMENT SERVICES INITIAL STUDY XI.b Any groundborne vibration would be limited to temporary construction activities for the proposed buildings and site work. Any vibration would be temporary and intermittent, and would occur during normal daytime working hours, and would be less than significant. XI.c The proposed project would include normal operation of two warehouses, along with resultant truck traffic. As such, there would be a minor increase in ambient noise. However, the project location is within a redevelopment area industrial park, adjacent to other industrial and warehouse uses, and between the I-215 Freeway and the Cajon Boulevard railroad corridor. Per the General Plan, those transportation corridors result in higher ambient noise levels. These noise levels are likely to be higher than those generated by the proposed project, and any impacts from the project are likely to be less than significant. Xl.d Site preparation and construction of the proposed project is likely to temporarily increase ambient noise levels. The increase would be temporary and intermittent, and would occur during normal davtime working hours. Therefore, any impacts from the project are likely to be less than significant. XI.e The proposed project site is not located within an airport land use plan or Airport Influence Area. The closest airport is the Rialto Municipal Airport, located approximately 4.5 miles southwest of the project site. The San Bernardino International Airport is located approximately eight miles southeast of the project site. Noise contours exceeding the 65 CNEL level, as shown on the Rialto Municipal Airport Final Comprehensive Land Use Plan, do not extend to the vicinity of the project site, and there is no impact. IS 36 CITY OF SAN BERNARDINO DEVELOPMENT SERVICES INITIAL STUDY Less Than Potentially Significant Less Than No Significant With Significant Impact Impact Mitigation Impact Incorporation XII. POPULATION AND HOUSING — Would the project: a) Induce substantial population growth in an area, ❑ ❑ ❑ either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? b) Remove existing housing and displace ❑ ❑ ❑ substantial numbers of people, necessitating the construction of replacement housing elsewhere? c) Other: ❑ ❑ ❑ ❑ Discussion: XII.a The proposed project site is located in an area that already contains all necessary infrastructure improvements, and is generally surrounded by other industrial development. Although the proposed project will provide some employment, the development of two warehouse-industrial buildings would not be considered as providing employment for substantial numbers of persons. Moreover, the California State Employment Development Department reported an unemployment rate of 6.9 percent for the City of San Bernardino during the most recently reported period, November 2004, compared with 5.6 percent for the state. Therefore, a reasonable inference is that the additional employment resulting from businesses locating at the project site will tend to absorb existing unemployed persons rather than induce substantial numbers of new persons into the area, and there will be no impact related to this issue. XII.b The proposed project site is undeveloped, and does not contain any housing. Thus, there will no impact on the removal of existing housing or displacement of substantial numbers of people. I I I IS 37 CITY OF SAN BERNARDINO DEVELOPMENT SERVICES T INITIAL STUDY Less Than Potentially Significant Less Than No Significant With Significant Impact Impact Mitigation Impact Incorporation XIII. PUBLIC SERVICES a) Would the project result in substantial adverse ❑ ❑ ® ❑ physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Fire protection, including medical aid? ❑ ® ❑ ❑ Police protection? ❑ ❑ ® ❑ Schools? ❑ ❑ ® ❑ Parks or other recreational facilities? ❑ ❑ ❑ Other governmental services'? ❑ ❑ ® ❑ b) Other: ❑ ❑ ❑ ❑ Discussion: \[Il.a New or altered governmental facilities: San Bernardino is a mature city with a 2000 Census population of about 185,000, located in a county roughly ten times that size. As such, the City and the County have developed a wide range of governmental facilities and services since their beginnings in the 1800s. As stated in detail below, and in general terms, the addition of two warehouses is not likely to have an impact on governmental facilities. Fire and medical aid facilities: Fire prevention, fire protection, and emergency medical assistance in the City of San Bernardino are provided by the San Bernardino Fire Department (SBFD). Construction of the proposed project will generate additional need for fire protection and emergency medical aid from the Verdemont Fire Station 412 located at 6065 N. Palm Avenue. The proposed project will generate additional service demand on the Verdemont Fire Station, impacting the ability of the Fire Department to meet the Emergency Service Delivery Management and Planning Standards adopted by the Mayor and Common Council of the City of San Bernardino, including a 5-minute response time to 90% of all service calls. This constitutes a potentially significant adverse impact, due to the need for new or physically altered facilities required to maintain acceptable service ratios, response times and other performance objectives for fire protection service from the Verdemont Fire Station. This impact is potentially significant, and must be mitigated, as follows: IS 38 CITY OF SAN BERNARDINO DEVELOPMENT SERVICES INITIAL STUDY 7. Prior to issuance of building permits, the applicant shall participate on a fair-share basis In funding the continued operation and maintenance of the Verdemont Fire Station. A one-time fair-share contribution equivalent to the Community Facilities District No. 1033 "in-lieu fee" established by Resolution No. 2004-107 of the Mayor and Common Council will mitigate the long-terns impact of the project on emergency services of the Fire Department. As an alternative, an irrevocable agreement to annex the project site to Community Facilities District No. 1033 would satisfy this obligation. .lobs created-by the proposed project are not expected to induce substantial growth, and any urowth would be dispersed throughout the City service areas. As such, any additional demand on medical aid and hospital services resulting from this increase is likely to be less than significant. Police protection facilities: Additional police protection is not required as the addition of the proposed project will not change the pattern of uses within the surrounding area, and will not result in a substantial increase in property to be patrolled since the project site is within an area that is already developed with industrial uses. Schools: The proposed project is an industrial use, and will be required to pay school fees as prescribed by State law prior to the issuance of building permits. No impacts are anticipated. Parks and recreation facilities: The proposed project is a warehouse facility. However, no tenant has been proposed, so the number of employees cannot be determined. Typically, new uses such as, and of the same size as the proposed use, could generate a maximum of about 197 jobs (based on the discussion in the Project Description), including warehouse employees and drivers working in shifts. The City of San Bernardino has been considered to be housing rich with employees having to travel out of the area to work. Recently, warehouse and other industrial uses have begun to be developed in the region such that local residents are now able to commute shorter distances to work. The proposed project would likely draw from the local and nearby employment base for most of its workers. Therefore, the project should not induce substantial population growth that would increase the use of parks in the area or in the region, and there is no impact related to this issue. Other governmental services: As stated in above, the addition of two warehouses is not likely to have an impact on governmental services in a mature city and county of this size. I IS 39 CITY OF SAN BERNARDINO DEVELOPMENT SERVICES INITIAL STUDY Less Than Potentially Significant Less Than No Significant with Significant Impact Impact Mitigation Impact Incorporation XIV. RECREATION a) Would the project increase the use of existing ❑ ❑ ❑ neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? b) Does the project include recreational facilities ❑ ❑ ❑ or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? c) Other: ❑ ❑ ❑ ❑ Discussion: XIV.a The proposed project is a warehouse facility. However, no tenant has been proposed, so the number of employees cannot be determined. Typically, new uses such as, and of the same size as the proposed use, could generate a maximum of about 197 jobs (as discussed in the Project Description), including warehouse employees and drivers. The City of San Bernardino has been considered to be housing rich with employees having to travel out of the area to work. Recently, warehouse and other industrial uses have begun to be developed in the region such that local residents are now able to commute shorter distances to work. The proposed project would likely draw from the local and nearby employment base for most of its workers. Therefore, the project should not induce substantial population growth that would increase the use of parks in the area or in the region, and there is no impact related to this issue. XIV.b The proposed project does not include any recreational facilities or require the construction or expansion of existing facilities. As stated in XIV.a, the project should not induce substantial population growth such that increased use of recreational facilities would occur, and there is no impact related to this issue. IS 40 CITY OF SAN BERNARDINO DEVELOPMENT SERVICES INITIAL STUDY Less Than Potentially Significant Less Than No Significant With Significant Impact Impact Mitigation Impact Incorporation \V. TRANSPORTATION/TRAFFIC— Would the project: a) Cause an increase in traffic which is substantial ❑ ® ❑ ❑ in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? b) Exceed, either individually or cumulatively, a ❑ ® ❑ ❑ level of service standard established by the county congestion management agency for designated roads or highways? c) Result in a change in air traffic patterns, ❑ ❑ ❑ including either an increase in traffic levels or a change in location that results in substantial safety risks? d) Substantially increase hazards due to a design ❑ ❑ ❑ feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? e) Result in inadequate emergency access? ❑ ❑ ❑ f) Result in inadequate parking capacity? ❑ ❑ ❑ g) Conflict with adopted policies, plans, or ❑ ❑ ❑ programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? h) Other: ❑ ❑ ❑ ❑ Discussion: XV.ab The proposed project would result in construction of two warehouses. Based on the Institute of Transportation Engineers Trip Generation Manual (7`h Edition, 2003) and the City of Fontana, Truck Trip Generation Study, August 2003. The City concurs with the Revised Traffic Study for "Vic-Vin" Warehouse, which identifies the total number of trips for the project is estimated to be IS 41 CITY OF SAN BERNARDINO DEVELOPMENT SERVICES INITIAL STUDY 1,197 trips per day in Passenger Car Equivalent's (PCE's) with 108 AM Trips and 113 PM Trips. Although there is office space, it is ancillary to the warehousing operations and would be part of that land use rather than a stand alone office building with different land use characteristics. Based on preliminary information provided by City engineering, the surrounding streets, Industrial Parkway, University Parkway on the south, and Palm Avenue on the north generally operate at Level of Service (LOS) C or above during normal hours. The impact fee for the estimated Traffic Systems Fee shall be $23,437.26 based on the 1,197 trips at $19.58/trip. The project traffic report identifies the total new growth traffic (future minus existing) at each study intersection and the percentage of new growth traffic that is associated with this project. This percentage is the basis for the project's fair share contributions toward future improvements needed to mitigate future traffic impacts. The project will be required to make fair share contributions towards Capital Improvement Projects. The project will be conditioned to contribute $454,450.00 as a fair share contribution toward future circulation improvements needed to mitigate future traffic impacts. Therefore, the following mitigation measure will be imposed to reduce Transportation/Traffic impacts to a level below significance: 8. Prior to issuance of a building permit, the project proponent shall submit payment to the City Engineer for fair share contribution for the following improvements in the amounts as indicated: Improvement Percentage Fair Share 1. Palm Avenue at Northbound I-215 Ramps: 3.4% of$500,000 $17,000.00 2. Palm Avenue at Southbound I-215 Ramps: 4.4% of$350,000 $15,400.00 3. Palm Avenue/Industrial Parkway Signal: 4.5% of$250,000 $11,250.00 4. Palm Avenue Widening (2 to 4 lanes) and 4.6% of$760,000 $34,960.00 Industrial Parkway to 1-215: 5. University Parkway at I-215 Interchange: 3.0% of$9,000,000 $270,000.00 6. University Parkwa /BSNF Grade Separation: 4.5% of$2,352,000 $105,840.00 Total $454,450.00 XV.c The proposed project site is located outside the Airport Influence Area as adopted by the San Bernardino International Airport Authority, and outside the Federal Aviation Regulations Part 77 Imaginary Surfaces for the Rialto Airport, as shown on its Airport Land Use Plan published by the County of San Bernardino. Thus, there will be no impact to air traffic patterns from the proposed project. XV.d The project proposes two warehouse-industrial buildings on two lots that front onto Industrial Parkway. Industrial Parkway was constructed to serve the surrounding industrial park, and there are no sharp curves. There are no intersections abutting the proposed project site. A line of sight IS 42 CITY OF SAN BERNARDINO DEVELOPMENT SERVICES INITIAL STUDY analysis was conducted at the project driveways to ensure that adequate corner and stopping sight distance is provided. The line of sight was analyzed for both passenger cars and large trucks using the sight distance criteria and methodology provided by the City. A sight distance triangle was established to ensure visibility at the driveways. The buildings are outside of the sight distance triangle and the landscaping within the triangle accommodates the line of sight. The project is designed to accommodate truck traffic on internal driveways. Therefore, there will be no impacts related to increased hazards resulting from a design feature. XV.e Emergency access to the proposed project site will be by way of three driveways from Industrial Parkway. The proposed design provides foi• driveways around the side and rear walls of the two proposed buildings. These driveways will be at least 26 feet wide to accommodate emergency vehicles. Fire access gates will be provided so that fire vehicles will have access around all sides of the buildings. The fronts of the buildings are proximate to Industrial Parkway, which allows street access. The design, construction, and maintenance of driveways, gates, and facilities will be subject to ordinary requirements of City and emergency service providers. XV.f For parking purposes, the proposed project consists of one warehouse building (A) with 49,616 square feet, and a second such building (B) with 138,078 square feet. Plans show that 3,000 square feet in the smaller Building A will be office area, with the remaining 46,616 square feet devoted to warehouse use. For the larger Building B. the corresponding numbers are 6,500 square feet of office space and 131,578 square feet devoted to warehouse use. The number of parking spaces required under Section 19.24.040 of the Development Code is identified in the following table as well as the number of spaces to be provided. The table shows that the proposed project provides more parking than required. Therefore, the proposed project will not result in inadequate parking capacity, and there is no impact. Office Required Whse Required Total Total SF Parking SF Parking Required Provided Building A 3,000 12 46,616 47 59 74 Building B 6,500 26 131,578 106 132 154 XV.g Road and transportation infrastructure has already been constructed in the vicinity to accommodate the development of the industrial park in which the proposed project site is located. The proposed project will comply with all City development policies and standards supporting alternative modes of transportation. Thus, there will be no impact related to this issue. IS 43 CITY OF SAN BERNARDINO DEVELOPMENT SERVICES INITIAL STUDY Less Than Potentially Significant Less Than Significant With Significant Impa ct p Impact Mitigation Impact a Incorporation XVI. UTILITIES AND SERVICE SYSTEMS — Would the project: a) Exceed wastewater treatment requirements of ❑ ❑ ® ❑ the Santa Ana Regional Water Quality Control Board? b) Require or result in the construction of new ❑ ❑ ® ❑ water or wastewater treatment facilities or expansion of existing facilities, the construction of which would cause significant environmental effects? c) Require or result in the construction of new ❑ ❑ ® ❑ storn-i water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? d) Have sufficient water supplies available to ❑ ❑ ® ❑ serve the project from existing entitlements and resources, or are new or expanded entitlements needed? e) Result in determination by the wastewater ❑ ❑ ® ❑ v treatment provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? f) Be served by a landfill with sufficient ❑ ❑ ® ❑ permitted capacity to accommodate the project's solid waste disposal needs? g) Comply with federal, state, and local statutes ❑ ❑ ® ❑ and regulations related to solid waste? h) Other: Would the proposed project result in a ❑ ❑ ❑ disjointed pattern of utility extensions? IS 44 CITY OF SAN BERNARDINO DEVELOPMENT SERVICES INITIAL STUDY Discussion: XVI.a The proposed project is designed to be connected to existing water and sewer systems. During construction, waste discharges will potentially include discharges of stormw•ater and sediment. However, a construction project resulting in the disturbance of 1.0 acre or more requires an NPDES permit, and preparation of a Storm Water Pollution Prevention Plan (SWPPP) is required of the project proponent. Adherence to measures included in the SWPPP will reduce potential water quality impacts to a less than significant level. Prior to the issuance of building permits, the project applicant will also be required to satisfy City requirements related to the payment of fees and/or the provision of adequate wastewater facilities. All facilities will be designed, installed, and maintained to meet City standards to ensure wastewater-related water quality standards are not exceeded. A Water Quality Management Plan (WQMP) will also be prepared, and during the operation of the proposed warehouse-industrial buildings, the operator is required to adhere to these WQMP and City requirements. Therefore, adherence to applicable provisions of these programs and RWQCB requirements will reduce impacts associated with wastewater treatment requirements to less than significant. XVI.b The proposed project will receive water and wastewater services _provided by the City of San Bernardino Municipal Water Department (SBMWD). The SBMWD provides water from wells which can be supplemented with filtered and treated stream water. The SBMWD accepts wastewater and treats it at the City's Water Reclamation Facility (WRP). The WRP has a design capacity of 33 million gallons per day (MGD). Current inflow to the WRP is approximately 26- 28 MGD, resulting in a surplus capacity of approximately 5-7 MGD. Water and wastewater lines, including fire hydrants exist within the street right-of-way adjacent to the proposed project site. The developer of the proposed project will be required to satisfy SBMWD requirements related to the payment of fees and/or the provision of adequate water/wastewater facilities, and all improvements are required to designed, installed, and maintained to meet SBMWD standards. Therefore, any impacts related to this issue will be less than significant. XVI.c The proposed design of the project calls for draining on-site stormwater run-off into the Devil Creek Channel by way of an on-site filter and a 30-inch pipe. The channel is lined, and drainage from the proposed project will not substantially alter its capacity. Nor is the proposed drainage likely to necessitate altering the channel except at the proposed pipe outflow point. The channel is owned by the San Bernardino County Flood Control District (SBCFCD), and maintained by the United States Army Corps of Engineers (USACE). An encroachment permit from the SBCFCD will be required, with review by the USAGE. Adherence to design and permit requirements of the SBCFCD and the USACE will reduce impacts associated with this issue to less than significant. XVIA The SBWMD is able to provide water to the proposed project using existing capacities and supplies. For purposes of Section 10910-10912 of the California Water Code, the proposed project is not large enough to be defined as a project per Section 10912(a), and further investigation and a water supply assessment is not required. However, as part of the development process, the developer of the proposed project is required to satisfy City requirements related to payment of fees and/or the provision of adequate water facilities, and for IS 45 CITY OF SAN BERNARDINO DEVELOPMENT SERVICES INITIAL STUDY the design, installation, and maintenance of facilities to meet water supply standards. Adherence to these requirements will reduce potential impacts associated with this issue to a less than significant level. XVI.e The proposed project will receive wastewater services provided by the City of San Bernardino Municipal Water Department (SBMWD). The SBMWD accepts wastewater and treats it at the City's Water Reclamation Facility (WRP), which has a design capacity of 33 million gallons per day (MGD). Current inflow to the WRP is approximately 26-28 MGD, resulting in a surplus capacity of approximately 5-7 MGD. Wastewater lines exist within the street right-of-way adjacent to the proposed project site. The developer of the proposed project will be required to satisfy SBMWD requirements related to the payment of fees and/or the provision of adequate wastewater facilities, and all improvements are required to designed, installed, and maintained to meet SBMWD standards. Therefore, any impacts related to this issue will be less than significant. XVI.f and g The proposed industrial warehouse and office project is likely to generate solid waste that consists of packing materials and related waste ordinarily generated by a warehouse, as well as solid waste associated with office uses. These wastes would be disposed of at one of three regional landfills in the general vicinity operated by the County of San Bernardino. The landfills are located in Redlands, Colton, and Rialto, with the Mid-Valley Landfill in Rialto being the closest. The Mid-Valley Landfill has been expanded to accommodate growth for an additional 35 years. In the normal course of operation, the proposed project will be required to comply with existing regulations pertaining to solid waste, including any required recycling programs. Thus, the proposed project will have a less than significant impact related to this issue. XVI.h All necessary utilities (water, sewer, electricity, and telephone) are present within the adjacent Industrial Parkway right-of-way, and the proposed project will not result in a disjointed pattern of utility extensions. Per the General Plan, the utility providers have indicated an ability to provide service to new developments. Thus, the proposed project will have no impact. IS 46 CITY OF SAN BERNARDINO DEVELOPMENT SERVICES INITIAL STUDY Potentially Less Than Less Than do Significant Significant Significant Impact Impact With Impact Mitigation Incorporation XVII. MANDATORY FINDINGS OF SIGNIFICANCE a) Does the project have the potential to degrade ❑ ❑ ❑ the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of major periods of California history or prehistory? b Does the roject have impacts that are El P J individually limited, but cumulatively considerable? ("Cumulatively considerable" I means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects.) c) Does the project have environmental effects ❑ ® ❑ ❑ which will cause substantial adverse effects on human beings, either directly or indirectly? Discussion: XVII.a The proposed project site is surrounded by developed industrial park uses. The site is outside the Biological Resources Management Overlay, and De Minimis Impact Findings have already been made for this and an immediately adjacent site that there was no evidence that there would be the potential for adverse effects on sensitive wildlife or viable sensitive wildlife habitat. The site does not contain structures or culturally significant features that would be eliminated by development of the proposed project. XVII.b-c While the proposed project may have short term air quality impacts during construction, the project is primarily an infll warehouse project located in an established industrial park area with full public improvements. Thus, there would be no long term significant impacts that would not be mitigated. IS 47 CITY OF SAN BERNARDINO DEVELOPMENT SERVICES INITIAL STUDY REFERENCES. The following references cited in the Initial Study are on file in the Development Services Department. 1. City of San Bernardino General Plan 2. City of San Bernardino General Plan Land Use Plan/Zoning Districts Map 3. City of San Bernardino Development Code (Title 19 of the San Bernardino Municipal Code) 4. City of San Bernardino Historic Resources Reconnaissance Survey 5. Alquist-Priolo Earthquake Fault Zones Map 6. South Coast Air Quality Management District, CEQA Air Quality Handbook 7. Federal Emergency Management Agency, Flood Insurance Rate Maps S. Public Works Standard Requirements— Water 9. Public Works Standard Requirements - Grading 10. Rialto Municipal Airport Final Comprehensive Land Use Plan 11. Draft Hydrology Study for Industrial Parkway and Tentative Parcel Map No. 17052, April 4, 2005 12. Vic-Vin Enterprises, LLC Traffic Impact Analysis (revised)by Kunzman Associates, October 19, 2005 IS 48 CITY OF SAN BERNARDINO DEVELOPMENT SERVICES INITIAL STUDY ,MITIGATION MEASURES. Air Quality 1. The site shall be treated with water a minimum of twice per day to reduce PM,o emissions. 2. Driveways into the site shall be wet swept as needed to reduce PMJ0 emissions associated with vehicle tracking of soil off-site. 3. Grading operations shall be suspended when wind speeds exceed gusts of 25 mph to minimize PM,o emissions. 4. On-site construction traffic speed shall be limited to 15 mph on unpaved surfaces. Hydrology and Water Quality 5. Prior to issuance of grading permits, the applicant shall prepare a Stormwater Pollution Prevention Plan (SWPPP) and obtain a Notice of Intent (NOI) to comply with obtaining coverage under the National Pollutant Discharge Elimination System (NPDES) General Construction Storm water Permit from the State Water Resources Control Board. Evidence that this has been obtained (i.e. a copy of the Waste Discharger's Identification Number) shall be submitted to the City for coverage under the NPDES General Construction Permit. 6. Prior to issuance of buildin g p ermits the applicant shall submit to the City Engineer for approval, a Water Quality Management Plan (WQMP), including a project description and identifying best Management Practices (BMPs) that will be used on-site to reduce pollutants into the storm drains stem to the maximum extent practicable. P Y p Public Services 7. Participate, as required, in payment of Verdemont Fire District Community Facilities District No. 1033 fees as either an annual tax or a one-time In-Lieu fee of$44,358.47 per acre for an Industrial Zone or as identified in City Ordinance No. MC-1184. Traffic/Transportation 8. Prior to issuance of a building permit, the project proponent shall submit payment to the City Engineer for fair share contribution for the following improvements in the amounts as indicated: Improvement Percentage Fair Share a. Palm Avenue at Northbound I-215 Mal: 3.4% of$500,000 $17,000.00 b. Palm Avenue at Southbound I-215 Ramps: 4.4% of S350,000 $15,400.00 I c. Palm Avenue/Industrial Parkway Si 4.5% of$250,000 $11,250.00 d. Palm Avenue Widening (2 to 4 lanes) and 4.6% of$760,000 $34,960.00 Industrial Parkway to I-215: e. University Parkway at 1-215 Interchange: 3.0% of$9,000,000 $270,000.00 f. University Parkwa /BSNF Grade Separation: 4.5% of$2,352,000 $105,840.00 Total $454,450.00 IS 49 CITY OF SAN BERNARDINO DEVELOPMENT SERVICES INITIAL STUDY IS 50 i ATTACHMENT F TENTATIVE PARCEL MAP NO. 17052 & DEVELOPMENT PERMIT II NO. 04-54 MITIGATION MONITORING/REPORTING PLAN This Mitigation Monitoring and Reporting Program has been prepared to implement the mitigation measures outlined in the Initial Study for the Development Permit II No. 304-54. This program has been prepared in compliance with the California Environmental Quality Act (CEQA) and the State and City of San Bernardino CEQA Guidelines. CEQA Section ?1081.6 requires adoption of a monitoring and/or reporting program for those measures or conditions imposed on a project to mitigate or avoid adverse effects on the environment. The law states that the monitoring or reporting program shall be designed to ensure compliance during project implementation. The Mitigation Monitoring and Reporting Plan contain the following elements: 1. The mitigation measures are recorded with the action and procedure necessary to ensure compliance. The program lists the mitigation measures contained within the Initial Study. 2. A procedure for compliance and verification has been outlined for each mandatory mitigation action. This procedure designates who will take action, what action will be taken and when, and to whom and when compliance will be reported. 3. The program contains a separate Mitigation Monitoring and Compliance Record for each action. On each of these record sheets, the pertinent actions and dates will be logged, and copies of permits, correspondence or other data relevant will be retained by the City of San Bernardino. 4. The program is designed to be flexible. As monitoring progresses, changes to compliance procedures may be necessary based upon recommendations by those responsible for the program. If changes are made, new monitoring compliance procedures and records will be developed and incorporated into the program. The individual measures and accompanying monitor]ng%reporting actions follow. They are numbered in the same sequence as presented in the Initial Study. Mitigation Monitoring and Reporting Plan TPM No. 17052 & DPII No. 04-54 Page 2 MITIGATION MEASURES lll. AIR QUALITY The site shall be treated with water a minimum of twice per day to reduce PMJo emissions. IMPLEMENTATION AND VERIFICATION Public Works/Field Engineering staff shall review this development project. COiINIPLIANCE RECORD When Required: The verification shall be completed throughout construction. WRITTEN VERIFICATION PREPARED BY: DATE PREPARED: Driveways into the site shall be wet swept as needed to reduce PM,,) emissions associated with vehicle tracking of soil off-site. IMPLEMENTATION AND VERIFICATION Public Works/Field Engineering staff shall review this development project. COMPLIANCE RECORD When Required: The verification shall be completed throughout construction. WRITTEN VERIFICATION PREPARED BY: DATE PREPARED: Grading operations shall be suspended when wind speeds exceed gusts of 25-mph to minimize PMio emissions. IMPLEMENTATION AND VERIFICATION Public Works/Field Engineering staff shall review this development project. COMPLIANCE RECORD When Required: The verification shall be rou J completed throughout the construction. P � Mitigation Monitoring and Reporting Plan TPM No. 17052 & DPII No. 04-54 Page 3 WRITTEN VERIFICATION PREPARED BY: DATE PREPARED: On-site construction traffic speed shall be limited to 15 mph on unpaved surfaces. IMPLEMENTATION AND VERIFICATION Public Works/Field Engineering staff shall review this development project. COMPLIANCE RECORD When Required: The verification shall be completed throughout construction. WRITTEN VERIFICATION PREPARED BY: DATE PREPARED: Mitigation Monitoring and Reporting Plan TPM No. 17052 & DPII No. 04-54 Page 4 Vlll. HYDROLOGY AND WATER QUALITY Prior to issuance of grading permits, the applicant shall prepare a Stormwater Pollution Prevention Plan (SWPPP) and obtain a Notice of Intent (NOI) to comply with obtaining coverage under the National Pollutant Discharge Elimination System (NPDES) General Construction Storm water Permit from the State Water Resources Control Board. Evidence that this has been obtained (i.e. a copy of the Waste Discharger's Identification Number) shall be submitted to the City for coverage under the NPDES General Construction Permit. IMPLEMENTATION AND VERIFICATION Public Works/NPDES staff shall review this development project. COMPLIANCE RECORD When Required: The verification shall be completed prior to issuance of grading permit. WRITTEN VERIFICATION PREPARED B1': DATE PREPARED: Prior to issuance of building permits, the applicant shall submit to the City Engineer for approval, a Water Quality Management Plan (WQMP), including a project description and identifying best Management Practices (BMPs) that will be used on-site to reduce pollutants into the storm drain system to the maximum extent practicable. IMPLEMENTATION AND VERIFICATION Public Works/NPDES staff shall review this development project. COMPLIANCE RECORD When Required: The verification shall be completed prior to issuance of building permits. WRITTEN VERIFICATION PREPARED BY: DATE PREPARED: Mitigation Monitoring and Reporting Plan TPM No. 17052 & DPII No. 04-54 Page 5 XIII. PUBLIC SERVICES Prior to issuance of building permits, the applicant shall participate on a fair-share basis in funding the continued operation and maintenance of the Verdemont Fire Station. A one-time fair-share contribution equivalent to the Community Facilities District No. 1033 "in-lieu fee" established by Resolution No. 2004-107 of the Mayor and Common Council will mitigate the long-term impact of the project on emergency services of the Fire Department. As an alternative. an irrevocable agreement to annex the project site to Community Facilities District No. 1033 would satisfy this obligation. IMPLEMENTATION AND VERIFICATION Planning & Public Works staff shall review this development project. COMPLIANCE RECORD When Required: The verification shall be completed prior to issuance of building permits. WRITTEN VERIFICATION PREPARED BY: DATE PREPARED: Mitigation Monitoring and Reporting Plan TPM No. 17052 & DPII No. 04-54 Page 6 XV. TRANSPORTATION/TRAFFIC Prior to issuance of a building permit, the project proponent shall submit payment to the City Engineer for fair share contribution for the following improvements in the amounts as indicated: A Palm Avenue at Northbound I-215 Ramps $17,000.00 B Palm Avenue at SOUthbOUnd 1-215 Ramps 515.400.00 C Palm Avenue/Industrial Parkway Signal S11,250.00 D Palm Avenue Widening and Industrial Parkway to I-215 $34,960.00 E University Parkway at 1-215 Interchange $164,157.00 F Traffic Systems Fee based on I,197 trips $24,418.80 TOTAL $265,185.80 IMPLEMENTATION AND VERIFICATION Public Works & Building & Safety staff shall review this development project. COMPLIANCE RECORD When Required: The verification shall be completed prior to issuance of building permits. WRITTEN VERIFICATION PREPARED BY: DATE PREPARED: Oct 05 06 03:09p City of San Bdno Dev Svcs 9093845988 EXHIBIT 3 f CITY OF SAN BERNARDINO Development Services Department, Planning Division 300 North"D"Street, 3f° Floor San Bernardino, CA 92418 San B�rll 1n0 Phone(909) 384-5057 • Fax (909)384-5080 Web address: wwww.sbcity.org APPLICATION FOR APPEAL APPEAL FROM A DECISION OF THE (check one) • Development Services Director • Development/Environmental Review Committee 21 Planning Commission Tentative parcel map no. 17052 and development permit II no. 04-54 A� 0(.0 Case number(s): Project address: South side of Industrial Parkway between Cable Creek and Devil Creek Appellant's name: Vic-Vin Enterprises, LLC Appellant's address: 16400 Southcenter Parkway, Suite 308, Seattle. WA 98188 Appellant's phone: (206) 394-9630 Appellant's e-mail address:, Contact person's name: Barry A. Ross, Esq. Contact person's address: 7700 Irvine Center Drive,- Suite 710, Irvine, CA 92618 Contact person's phone: (949) 727-0977 Contact person's e-mail address: rossbarry@aol.com Pursuant to Section 19.52.100 of the Development Code, an appeal must be filed on a City application form within 15 days following the final date of action, accompanied by the appropriate appeal filing fee. Appeals are normally scheduled for a determination by the Planning Commission or Mayor and Common Council within 30 days of the filing date of the appeal. You will be notified, in writing, of the specific date and time of the appeal hearing. OFFICE USE ONLY Dates appeal filed:: -1 to f. I. ti te: Received by: 1 VO4 Oct 05 06 03:09p City of San Bdno Dev Svcs 9093845988 p,3 REQUIRED INFORMATION FOR AN APPEAL Specific action being appealed and the date of that action: Planning Commission meeting of October 3, 2006 imposing as a condition of approval the fire impact fee of $457,000. Specific grounds for the appeal: All grounds stated in the letter dated October 3, 2006 with attachments from Barry A. Ross to the Planning Commission and such additional grounds as may be presented to the City Council. Action sought: Elimination of the condition of approval imposing the Fire Impact Fee of $457.000. Additional information: Signature of appellant: A Date: October 10, 2006 Barry . Ross, Esq. , attorney for Vic-Vin Enterprises, LLC 2 11/04 BARRY A . Ross A T T O R N E Y A T L A W 770(1 IRVINE C&NTRR DaIVB 949.727.0977 9oITE 710 F.AX 949.727.9927 IRVINE, CALIroRNIA 92619-2929 rossbarry@aot.00m October 3, 2006 HAND DELIVERY Honorable Members of the Planning Commission for the City of San Bernardino 300 N. "D" Street San Bernardino,CA 92418 Re: Vic-Vin Industrial Development Projcct 10.3 Acre Parcel Dear Planning Commission Members: I represent Vic-Vin Enterprises,LLC, ("Vic-Vin") in connection with its application for a tentative parcel map and development permit to construct two warehouse/industrial buildings on a 10.3 acre parcel located south of Industrial Parkway between Palm Avenue and University Avenue in the City of San Bernardino. I am pleased that your staff is recommending approval of this project. 1 note that your staff is recommending certain conditions for this project_ The conditions are all acceptable to Vie-Vin except for one,namely the"in lieu fee" of$457,000- This "in lieu fee" is objectionable for several reasons-. 1_ The Community Facilities District. The "in lieu fee"is based upon what property owners are required to pay to the City who are within the City's Community Facilities District ("Disuict") for a new fire station_ The Vic-Vin project is not located within the District. Therefore, there is no basis for Vic-Vin to pay the fees that have been imposed on property owners within the District. Further,tl3e properties within the District are required to pay for the cost of construction and maintenance of the fi re station. Since the fire station is already constructed, any property owner outside the District should not be required to pay for the cost of construction of the fire station. Any such property owner should only be required to pay for the cost of maintenance of the fire station. The City is seeping to force Vic-Vin to pay for the cost of construction as well as maintenance, even through Vic-Vin does not own any property within the District. The City has presented no evidence that the fee Honorable Members of the Planning Commission for the City of San Bernardino October 3, 2006 Page 2 I - iniposed on property owners within the District is appropriate to property owners outside the District. 2. Property Taxes Are Designed To Cover Police And Fire Expenses_ When a property owner pays property taxes to a City, the property taxes-are designed to pay for police and fire services. It is inappropriate for a City to charge a property owner an additional fee for the privilege of locating its business or building within a specified distance of any particular fire station or police station. This additional fee is an innappropriate charge. It bears emphasis that Vic-Vin has already paid or will pay for fire department review, fire department plan check,fair share improvement, fire service, fire service laterals, fire sprinkler, lire alarnn, fire hydrant, environmental health services, street improvement and mitigation monitoring. Vic-Vin is not complaining about any of these fees and costs. 3. Mitigation Fee Act. The Mitigation Fee Act codified in Gov. Code §66000 requires that there be a"reasoniable relationship" between the need for the public facility and the type of development project for which the fee is imposed. In addition, there must be a"reasonable relationship"between the amount of the fee and the cost of the portion of the public facility attributable to the project upon which the {ee is imposed. There has been no evidence presented of any compliance by the City with these requirements. 4_ The Nollan-Dolan Test Established By The United States Supreme Court Has Not Been Satisfied. Under the Nollan-Dolan test,there must be a "reasonable relationship" between the monetary exaction and the public impact development, there must be an "essential nexus" or relationship between the permit condition and the public impact of the proposed development and there must be"rough proportionality"between the magnitude of the physical exaction and the effects of the proposed development. None of these requirements have been satisfied by the City in this case. 5. Failure To Comply With A.B. 275 1. 011 August 28,2006; Governor Schwarzenenegger signed into law on Assembly Bill 2751. This law restricts the ability of the City to impose the "in lieu fee" on Vic-Vin. Honorable Members of the planning Commission for the City of San Bernardino October 3, 2006 Page 3 6. Communications With The City Attorney Have Been Unproductive. I have attempted to communicate the specific concerns of Vic-Vin to the City Attorney in several letters. In response-to my letters,the City Attorney responds with vague generalities, but with no evidence justifying the "in lieu fees of$457,000. I am enclosing copies of niy letters to the City Attorney dated August 1, 2006, August 7, 2006, September 1, 2006 and September 19, 2006. I am also enclosing a copy of my predecessor's letter to the City Attorney dated June 15, 2006. I am also enclosing letters from MT_Empefio of the City Attorney's office dated August 1, 2006 and August 24,2006, as well as the most recent letter dated September 28, 2006 from Mary Ann Milligan of the City Attorney's office. 1 request that all of these letters be included as part of the administrative record for this hearing_ A careful review of these letters will show that the City Attorney's office has not responded to the substance of my letters. The letters from the City Attorney's office can best be described as political opinions rather than legal opinions. The City would be well served by retaining independent counsel to review this matter and/or retaining an i..ndependent financial consultant to determine the proper amount for an "in lieu fee" in this circumstance. 7. Conclusion. Based on the foregoing, I reque.A that the Planning Commission approve the tentative parcel map and the development permit, subject to the conditions recommended by staff, with the exception of the "in lieu fee" of$457,000_ Alternatively, if the Planning Commission believes that the"in lieu fee" of$457,000 is appropriate,'the Planning Commission should adopt staff recommendation, so that Vic-Vinmay appeal the "in lieu fee" of$457,000 to the City Council. Thank you for your consideration. Very truly yours, BARRY A. ROSS BAR:es Enclosures cc: Kenneth Fields, Esq. Victor Di Pietro OFFICE OF THE CITY ATTORNEY CITY OF SAN ISERNARDINO September 28, 2005 JAMES F. PENMAN CITY ATTORNEY VIA FAQlQN E A"U.S.MANX. Mt. Barry A Ross Attorney at Law 7700 Irvine Cerner Drive, Suite 710 Irvine, CA 92618-2929 Re: 'Vic-Vin Industrial Development Project 10.3 Acre Parcel Dear Mr:Ross: Thank you fur your letter dated September 19, 2006 forwarding AB 2751_ However, the City's position on the proposed mitigation fee does not change aft x review oftWs Bill. In fact,the Bill supports the City's position in that it states in relevant part that"A£ee shall not include the costs attributable to existing deficiencies in public facilities, bui may include the costs attributable to the increased demand for publicfacilities reasonably related to the&wlopmant prof®ct in order to. _ . (2) achieve an adopted level of service that is consi.rent with the general play," (See Gov't Code §56001(g))(Emphasis added-) Furthermore, after reading your letter dated September 1, 2006,it appears that there may be some confusion regarding the proposed mitigation fee. The Fee in question is not an impact fee cr exaction. The fee is imposed as a mitigation measure under CP,QA because the development in question would generate service demands that wcrc not pm=prior to the development. The City is currently subsidizing the service demands in the Verdemont Area and as new development is approved,those developments are required to mitigate the increase in service demands by paying a fee that was calculated to compensate the City for the development's"faix share" for those services. Your client may opt to join the Community Facilities District and pay for their fair share of fue services on an annual basis or as set firth in the Nfitigated Negative Declaration, pay the one-time contribution equivalent to the Community Facilities District"in- lieu fee". As explained in previous correspondence,the area for the proposed developments is in an area that is extremely fire prone and therefore the requirement that a developer share in the Cost for fire protection is both reasonable and necessary as that development inemases the need for such services. 300 NORTH "0" STREET a SAN BERNARDINO, CA 92418�COOt • (909)3848385 • FAX (909) 384-5238 Page 2 Re'Vic Vin Industrial Development Project September 28, 2006 As you know,this proposed development has been agendixed for the Planning Commission meeting of October 3,2000_ If you would like to discuss this matter or have any additional questions before that date,please feel free to contact me at the number below. Sincerely. JAMES F.PENMAN, City Attorney Marianne N illi gan Deputy City Attorney P:\MILLIGAn-punning\Vic-`'inn Re&Wnr4 9.38-06.doc BARRY A . Ross A T T O R N Z Y AT L A W 7700 IRViNB CZ14TER DRIYB 949.7?7.0977 9UiTR 710 rAX 949.727.9927 IR�1NL, 0.±L1FoPNta 92618-2929 ro�sbarry�so}.com September 19, 2006 Via Facsimile 909-384-5238 and U.S. Mail Henry Empeiio, Jr-, Sr. Deputy City Attorney City of San Bernardino 300 N. "D" Street San Bernardino, CA 92418 Re_ Vic-Vir1 Industrial Development Project 10.3 Acre Parcel Dear Mr. Entpeflo: Sizzce you have not retumed my telephone caul of last weep, I am sending you this letter- I would appreciate a response-to my letter dated September 1, 2006. There has been no response for almost three weeks! On August 28, 2006, Governor Schwarzenegger signed into law Assembly Bill 2751 which restricts the ability of the City of San Bernardino to unpcse the proposed'-in lieu feE" on Vic-Vin Enterprises, Tinc. I ain enclosing a copy of an analysis of AR2751. I would appreciate your thoughts on.A.B2751. Why is it taking so long for Vic-Vin Enterprises, Inc.project to be scheduled for consideration by the Planning Commission? Very truly yours, BARRY A. ROSS BAR:es Enclosure cc: Kermeth Fields,Esq. Victor D1 Pietro FYI -A Closer Look= Assembly Bill 2751 On August 28th of this year, Governor Schwa_rzanegger signedmto law Assembly Bill 2751 authored by Assembly Mernber Mark Wyland (R-Vista)-Assembly Bill 2751 was a CBIA-sponsored bill introduced to fur�l7er clarify that cities and cotmties may not charge fees against new development in order to cure existing deficiencies in public facilities. To this end, Assembly Bill 2751 codifies the Cal ifomia Appellate court holdings in Bixel Associates v. City of Los Angeles (1989) 216 Cnl.App 3d 1208; Rohn v. City of Visalia (1989) 214 Cal. App. 4th 214; and Shapell IndusVies, Inc. v. Governing Board(1991) 1 Cal. App_ 4th 218, holding that builders shoulduot be required to shoulder the entire burden of financing public facilities for all future or existing users. . Those holdings and newly added Government Code section 66401 (g)nw#make it clear that while new development may necessitate the need for new facilities and the need to ref!.rblsh older facilities,new development need only pay its prflporti.onate share of the costs for those facilities. Furthermore, amendments taken in the Senate limit the ability of local governments to charge fees against new development to achieve level of service (LOS) standards to those situations where the service levels have been adapted and are consistent with the general plan. The-llaten.t here is to stem the practice in some jurisdictions of basing updated fees on ad hoc LOS standards.To most,the principles . embodied in Assembly Bill 2751 seem.Fair and. equitable. Somme local govel7ament officials though-- particularly those charged wi.tb establishing fee"nexus" studies -- believed previously that the law gave them a b]auk check to demand that builders finance both new facilities and cure all deficiencies in existing facilities.Assembly Bill 2751 says in a stt'aight forward way that- such actions will not be tolerated Assembly Blli 2751 can be found at Chapter 194, Statutes of 2006. BARRY A . Ross AT T O R N BY AT L A W 7700 IRVINZ GENTM DAITc 949.727.0977 suiTE 710 ?AX 949.7279937 tRVINE, cnLlroANIA 92515-29;9 ro33bArry@aol_coxa September.l,2006 Via Facsimile 909-384-5238 and US. Mail Henry Em_peflo, Jr., Sr. Deputy City Attorney City of Sari Bernardino 3001 . "D" Street . San Bernardino, CA 9241 S Re: Vic-Vin Industrial Development Project 103 Acre Parcel Dear Mr. Empeno: I enjoyed rrieeting you on August 24, 2006- I am clad we had an o_^partunity to Rot accluairlued with each otl->_er. I am_in receipt o.Eyour letter dated August 24, 2006. I believe that your letter, as well as your previous lettor dated August I, 2006 to Mr. John M. Lowman, miss the target of this di spate in that neither of your letters respond to the issue of-die appropriateness and reasonableness of tile. proposed "in lieu fee" of$457,000. l.. THE COMMUNITY,FACILITIES DIS I"UCT The City's Con-muluty Facilities District was created under the Mello-Roos Comi-nuni-L-y Facilities Act of 1982 codified in Gov. Ccdc § 53311 et seq. According to this Act, apublic agency is entitled to impose a special tax on property owners wi tlniao Lhe district in order to pay for the cast of a public facility. The Act de,`,in°s `-cost"broadly to include "the expense of eerstructing or purchasing the public facility atd of related laud, right of way easements, including incidental cxpenses and the test of providing authorized services including i-n.ciderntal expenses." Gov_ Code § 53317(c). The special tax to be imposed to pay for the cost of the facility is to be "sufficient to pay for all facilities and services." Gov. Code § 53321(4). The new facility is to be Raided by the special uLK imposed or,the affected property ovmers within the district. Clcv. Code § 53325.1(a)(2). Hemp Empefio,Jr., Sr- Deputy City Attorney City of San Berzasdino Septeinber 1,2006 Page 2 I According o the City's rexrds,jbe special tax c-reated by the Conuavxity Facilities District was to provide funds for on-going"operation and maintenance" of the Veclerront Fire Station("Fire Station"). The Fire Station is cusrenily in existence. My understanding is that the proposed"in lieu" fee of$457,000 that the City wishes to in, pose on ixiy client Vic-Vin Enterprises; LLC ("Vic-Vin") is zlot for the construction of any new or physically altered fire station, but to maintain the current level of sen ice of the Fire Station. 2- MITIGATION FEE ACT The Mitigation Fee Act is codified in Gov. Code § 66000 et seq. This Act requires that the City roust determine that there is a"reasonable zelationslup" between the need for the public facility and the type of development project for which the fee is imposed. Gov. Code § 66001 (a). In addition,there must be ja`.`reasonable relationship" between the amount of the fee and the cost of the portion of the public facility attrbutabte to the project upon which the fee is unposed. C;ov_ . Code § 66005- The City ha.s presented no evidence of compli�: 3e. ith the requirements of this Act. 3, NOLLAN1-DOLAN TEST The Nollan-Dolan test is based upon the United States Supreme. Court decisions of Nollan v. Cal�fornia Crustal C'ornmissior.(1987)483 U.S. 825, 97 L. Ed. 2d 677, 107 S. Ct. 3141 and Dolan v. City of Tig%trd(1994)512 U-S. 374, 129 L. Ed. 24, 304, 114 S. Ct. 2309. Unde-Nollan- Dolan, there must be a"reasonable relationship" between the monetary exacticn and the public impact development. ThcFe inust be an"essential nexus" or relationslhip between the permit coiidjtion amen the public iiZnpact of the proposed development and there must be"rough proportionality" between the magnitude of the physical exaction and the effects of the proposed developrncnt, The Califorliia Supreme Court followed Ncllazn-Dolan in Ehrlich v, City of Culver City (1996) 12 Cal. 4" 854,where the California Supreme Court extensively disouss-,d the requirements of Noliaiz-Dolan in expl.ai.nizng that the City of Culver City failed to satisfy its burden that the purposed recreaLonal facility fee it sought to impose on a real estate developer of$230,000 was net justified. See Ehrlich at p. 881. The court held tLat th(; City has the burdezt to make "specific findings supported byfnanncial evidence" to support any proposed recreational fee. Sec- .Ehrlich at P. 885. The City has presented no evidence of compliance with the require;neuts of Nollan-Dolan. Within the context of the authorities referenced herein, irets 10010 at tlne current project. The Fire Station was constructed with a special tax on clesigih.ated property Owners within the Cornmuidty t f Heruy Errnpeflo, Jr., Sr, Deputy City Attorney City of San Bez-nardino September 1, 2006 Page 3 Facilities Distxict. This special tax'was designed to not only pay for construction, but also for operation and mauitenance. Now the City wishes to impose the'same special_ tax on a property owner (Vic-Vin)who is not within the Community Facilities District-and did not have due process notice and an opportunity to be heard with regard to the special tax before it was imposed on the property owner, as-did the property owners within the Community Facilities Di stzict, The City is not contending that the project of Vic-Vin will require the Fire Station.to be expanded or altered to address the needs of Vic-Vin. Rather;the City is contending that Vic-Vin ought to pay the on-going maintenance costs of this Fire Station. Vic-Vin contends that tha on-going m=tenaree costs of this Fire Station should be paid for by the general public rather than by an individual property owner in the vicinity of the Fire Station.- It should be noted that the City-will be imposing upon Vic-Vin a variety of fire suppression and fire mitigazon measua es relating to the construction of the proposed developrne»t. Duniig our meeting of August 24, 2006, you stated that there was an,issue concerning the San Bernardino County FIood Contra[ District("District")that was an obstacle to t11e Vic--Vin Development, but you did not lcnow the nature of the obstacle_ Subsequent to our meei ntg, I investigated t'nis issue. I determined that the District sent the City a letter dated May 5, 2005 expressing its conditions for approval of the Vic-Vin project. The City staff sat on this letter for 15 rnonths and finally forwarded it to Vic-Vin in August of 2005. This unjustified procrastination by the City will cost Vic-Viz thousands of additional dollars because approximately one-third of the project now has to be redesigned. Nevertheless, Vic-Vin is complying with the requirements of the District- On final substantive issue. The City staff has advised Vic-Vin that the City staff will riot corisid r Vic-Vin.'s civil en.gincering plaris (grading, sewer, water, drainage, etc.) and vvill not issue prelirrlinary conditions of approval. This sounds nonsensical. Please request City staff to, cans:ler Vic-Vin's civil engineering plans and issue prelir,-�in.aly conditions of approval, Based on the foregoing, I request that the City reconsider its position with regard to the "in lieu" fee. In any event, I request that the Ciiv stafl'place the Vic-Vin project on the Plarviilig Conimissiori agenda for a decision as soon as possible. As I have previously mentioned, the City's delay in processing the Vic-Vin project has been iuireasonable and urjustifiable. 1-note " passing, that Vic-Vin paid an additional development fee to the City in order for the City to e;;l edite the processing of this development. According to my records, the expedite fee was $11,819.06. Accardinaly: please let mr e-kno4;when the Planning Comrnissiou hearing w111 be scheduled. Henry Empefo,Jr., Sr. Deputy City Attorney , City of San Bernardino September 1,2006 Page 4 I wo!tld appreciate a written response within 15 days. Very tntly yon, BARRY A_ ROSS B AR:es cc: Kenneth Fields, Esq. Victor Di Pietro ��D I:'t♦� O1✓F'iC E OF THE' CITY ATTORNEY CITY OF SAN ISERNARI3 NO JAMES F. PENMAN CITY ATTOF2NSY August 24, 2006 VIA FACSDAILE(949/727-9927) AND U.S. MATT. Barry A Ross Attomey at Law 7700 Irvine Center Drive, Suite 710 Irvine, CA 92618-2929 Re: Vic-rin IndustHal Development Project 10.3 Acre Parcel Dear Mr. Ross_ I write in response to your letter dated August 7, 2006, which responded to my letter sent to Mr. John M_Bowman of Jeffer Mangels Butler&1Vlarmaro LLP dated August 1, 2006. You misunderstand and mischaracterize the statements in my letter to Mr. Bowman. I did not state that the Vic-Vin Project"is subject to the assessment imposed on properties within CFD [Community Facilities District]No. 1033 because the property of Vic-V-in is within a larger area known as the Verdemont area." I did acknowledge that the Vic-Vin property was not included within the original formation of CFD No. 1033. This property never has.been and currently is not in CFD No. 1033: The only properties that are included in CFD No- 1033 are those properties where the property owner has requested to be included within this District. As noted in my letter and in the"Replacement language for the Initial Study" which was attached to my letter, a CEQA mitigation measure has been proposed by the Development Services Department which requires Vic-Vin to participate on a fair-share basis in funding the continued operation and maintenance of the new Verdemont Fire Station. Prior to issuance of building permits, Vic-Vin will be required to pay a one time fair-share contribution equivalent to the CFD No. 1003 "in lieu fee" ($44,358.47 per acre) established by Council Resolution No. 2004-107, in order to mitigate the long-term impact of the project on emergency services of the Fire Department. As an alternative to paying this one-time CEQA mitigation fee,.Vic-Vin may agree to annex this project site to the CFI?No. 1003. Submission of an executed irrevocable agreement prior to issuance of building permits will satisfy this obligation, F:1EWENO�Vic-Vin Inaz"'llVit-V'm-Letw to Atty?—r-Twdit8 to 8-7-06 letter.wpd Page 2 Re: Vic-Vin Industrial Devebpment Project Letter to Barry A- Ross August 24, 2006 i For your information,the following table shows the proposed yearly assessments to CFD No. 1033 for commercial and fii&stcial properties per acre: PERIOD CALENDAR COMNMRCIA J NUAUW-R YEAR INDUSTRIAL RATE WITH 2%INFLATOR 1 2004 $2,445.00 2 2005 $2,493.90 3 2006 $2,543.78 4 2007 $2,594.65 5 2008 $2,646.55 6 2009 $2,699.48 7 2010 $2,753.47 8 2011 $2,808.54 9 2012 $2,964.71 10 2013 $2,922.00 11 2014 $2,980.44 12 2015 S3,04005 13 2016 $3,100.85 14 2017 $3,162.87 15 2018 $3,226.13 16 2019 $3,290.65 17 2020 $3,356.46 18 2021 $3,423.59 F:1El.IPENO\Vio-Vin Indushial\ViaVin-ItSlcsto Atr,/P.gsR respcgdingto�7-0E1 lo�cr_rpd Page 3 Re- Vic-Vin Industrial Development Project Letter to Barry A- Rbss August 24, 2006 19 2022 $3,492.06 20 2023 $3,561.90 21 2024 $3,633.14 22 2025 $3,705.80 23 2026 $3,779.92 24 2027 $3,855-52 25 2028 $3,932.63 26 2029 $4,0112S 27 2030 $4,091.51 28 2031 $4,173.34 29 2032 $4,256.80 30 2033 $4,341.94 3.1 2034 $4,428.78 32 2035 $4,517.35 33 2036 $4,607.70 34 2037 $4,699.86 I 35 2038 $4,793.85 36 20339 $4,889.73 37 2040 $4,987.52 38 2041 $5,087.28 39 2042 $5,189.02 40 2043 $5,292.80 F\EMPENO\VidV m jfli1=i81\V yo-Vin-I. d=to Alty Ross responding 4o 8-7-46 le�tm%xr d E Page 4 Re: VicNin Industrial Development Project Letter to Barry A. Ross August 24, 2006 Please contact me should you have any filrther questions regarding this matter. Very truly yours, Hemy Emperffo, Jr- Sr_Deputy City Attorney CC' James F. Penman, City Attorney Valerie Ross, Director, Development Services Terri Rahhal, Principal Planner,Development Services Teri Baker, Assistant to the City Manager F:EWF,NO\V'ic-Via InduviianVio-Vin-Uthrb AlLyRomcwpwndingto 8-7-06 I-da.WN f BARRY A . Ross AT T O R N E Y .k T L A W 7700 IgV,1MTi CENTER D6f9E Sum; 710 949.717.0977 DLVINt, OALRORNIA 93619-2929 !PAX 949.737.9927 r0s:6burry @aol.0om August 7, 2006 Renry Fmpeno,Jr.,Deputy City Attorney City of San Bernardino 300 N. "D" Street San Bernardino,CA 9241$ Re: Vic-Vin Industrial Development Project 10.3 Acre Parcel Dear Mr. Empeno: I am in receipt ofyour letter dated August 1,2006 addressed to Mr. John M. Bowman, the former counsel for Vic-V-M Enterprises TLC ("Vic-Vin"). Apparently yot I etter to Mr. Bowman crossed in the mail with my letter dated August 1, 2006 to you. Your letter states that even though the property of Vic-Vin is not within the boundaries of CFD No. 1033, Vic-Vin is subject to the assessrneni imposed on properties within CFD No_ 1033 because the property of Vic-Vin is within a larger area known as the Verdenzont area. I disagree with your position. I do not believe that Vic-Vin is required to pay any of the fees imposed by CFD No_ 1033 because the property of Vic-Vin is not within the geographical boundaries of CFD No_ 1033_ If the City wished to subject the property of Vic-Vin to the assessment cleated by a community facilities district, tli,e City should have created a community facilities district that was large enough to encompass the entire Verdemont area_ The fact that the City's fire department wants the property of Vic-Vin to be included within the boundaries of CFD No. 1033 is of ISO consequence. The fact is that the City Council did not include the property of Vic-Vin within the boundaries of CFD No. 1033. Therefore, the property of Vic-Vin cannot be subject to the assessment created by CFD No. 10303 because the property of Vic-Vin is not within the boundary of CFD No. 1033: You state that by proceeding with the annexation option, the first year special tax for Vic-Vin W17 be$2,445 per acre. Please advise as to what the special tax will be i.rt sulbse-quent y ears, Henry Empeno, Jr.,Deputy City Attorney August 7, 2006. Page 2 If you have any documents or Luny legal authority that might authorize the City to require Vic-.Vin to pay an assessment created by Community Facilities District No. 1033 when the propezty of Vic-Vin is not within the boundaries of Community Facilities District No. 1033; please provide me with the documents or the authority. I would appreciate awritten response to this letter, as well as my previous letter dated August 1, 2000 within ten days. For the record, l do not believe that you have completely responded to the concerns addressed in Mr. Bowman's letter of June 15, 2006. If you have any questions, please call me. Very truly yours, BAY A. ROSS }3 AR:cs I cc: James F. Penman, Esq., City Attorney Henry Empeno, Esq., Deputy City Attorney. I{enneth Fields,Esq_ Victor Di Pietro Pant Steele Jim Fullmer John L. Bailey,Esq. i BARE`! A . Ross A T T O R N L•• Y A T L A W 'r 700 iRti'INi cxN'Tdlt D417E 949.727.0977 Bum, 730 FAX 949,727-9927 IILVIPr®; CALIFORNIA °35;8.2929 [oR9barryQnOI-e0ru _august 1, 2006 Certified Mail Return Receipt Requested rieriry Empeuo, Deputy City Attorney City of San Bemardino 300 N. "D" Street San Bernardino, CA 92418 Re Vic.Vin Industrial Development Preject 10.3 Acre Parcci Dear 'Mr. Emneno: I have bec;n retained to represent Victor Di Pietro and Vic-Vhi Enterprises, L.LC, ua corsiection with applications for tentative parcel riap,Lveiopuent permit, grading permit and building permit to consL-uet two warehouse iridust'i a'. buildings ("Project") on a 1C.3 parcel loc-,ted soutll of Industrial Parkway between Palm.Avenue ar,.d University Parkway in the City of San Beinardino ("Property"). I have replaced John M. Dowmin of JePier,Murigcls, Biut.ler and Maimaro T.,T,,P. Based upon my revicw of the file Lmd nay discussion with Mr. Bowman, Mr.'Bowman salt you with a letter dated June 15, 2006 and you have not provided any written response to this letter. According to Mr. Bowman. your verbal response was that you were worlcirj.b on a res�o.t.se to the letter, but had not yet prepared it. A delay of 45 days in respot.i,ditig to Vlr. Bcwmrui.'s letter is unacceptable. Please respond in viritincy to me within 10 days concetaii-n. Mr. Bov an's letter. Z.I wish to adidress the status of th.e inIticated negative declaxation, *h- teiiTative. parcel rrirap and tl.e dcvelopment permit ("land cLse e�atitlewctits") for the Project. On Feb.raary 2, 2006, the Development and Env' onmental Review Committee approved the land use enti.tiem-nts, autLcrizing release for pubHe.review and referred the land LLSe entitletnelats to the Plarszing Conu�n.i,ssion_ It is now seven months later_ None of the land use entitiem.etits have been set for hearing before the Planning Commission_ Please cause the land use etutitlernenta to be set for hcari_ng before the Planning ComM- ssion without furfaer delay. Heruy Empeno, Esq. Augttst 1, 2006 PaQ° 2 o" Your delay in responding to Mr. Bo%Taan's letter appears to be part of a concerted effort by the City of Sass Bernardino to unreasonably delay the processing of the Project in violation of the civil rights of my client. Sunset Drive Corporation v. Redlands(1999)73 Cal.App. 4`e 214, 225. Very truly yours; BARRY A. ROSS BAR-es cc: James F. Penman, Tsq., City Attorney Henry Enmpero, Esq., Deputy Ci!y Attorncy Kenneth Fields, Es:l. VI = Di Pietro OFFICE OF THE CITY ATTORNEY CITY OF SAN BERNARDINO JAMES F. PENMAN August 1, 2006 CITY ATTORNEY Mr. John M Bowman Jeffer Mangels Butler&Marmaro UP 1900 Avenue of the Stars, 7t'Floor Los Angeles, California 90067-4308 Re: Vie-Vin Industrial Development Project Dear Mr. Bowman: This letter is in response to your letter to me dated June 15, 2006, regarding the project being contemplated by Mr. Victor DiPetro and Vic-Vin Enterprises, LLC (collectively "Vic-Vin"), within the City of San Bernardino, Tentative Parcel Map 04-35 and DPIII 04-54_ Since the date of your letter I assembled City Planning Division Staff and other individuals who were familiar with the 2004 formation of the CFD No. 1033 to gather information regarding the basis for said CFD and to be assured that the prior determinations as made by the Mayor and Common Council in 2004 are deemed to be relevant as of today from a CEQA standpoint. The Verdemont Area is extremely fire prone due to the proximity of the open space, hillside and mountainous areas, and this area has experienced devastating fires in the past_ It is recognized that the Vic-Vin property was not included within the original formation of the CFD No. 1033, but one of the purposes of the CFD No. 1033 as set forth by the Mayor and Common Council was to provide a vehicle whereby future development within the Verdemont Area designated by the Fire Department would either annex into the CFD No. 1033 or pay an "in-lieu fee" and thus opt not to join the CFD No. 1033. However, it is not an option for a property owner seeking to develop their property within the Fire Department designated area to neither join the CFD No. 1033 nor a the in-lieu fee established p y s ltshed by the Mayor and Common Council. The determinations made by the Fire Department.in 2004 continue to be valid today regarding the necessity of new development in the Verdemont Area to pay its fair share of the operating expenses for the Verdemont Fire Station. Page 2 Re: Letter to John M. Boman August 1, 2006 The mitigation measure set forth in the Vie-Vin project Initial Study, paragraph 7, is basically valid, however, replacement language that states the mitigation requirement more accurately is enclosed. The City will e%pect Vic-Vin to comply with this requirement through one of the two previously established means. That is, either pay the in-lieu fee to opt out of the CFD No. 1033 or annex into the CFD No. 1033 and be subject to the annual special tax_ After having personally reviewed the assumptions that led to the establishment of the in- Iieu fee and the annual special tax amount for industrial and retail projects, I would like to briefly explain how the acreage fee for industrial properties was determined. City staff had calculated the potential acres of development by land use designation within the Fire Department designated area in Verdemont- The assumption was that the non-residential properties would have a coverage factor of 33% of the parcel land area. That square footage amount was then multiplied by $0.17 per square foot to arrive at the first year annual special tax per acre of$2,445.00, A similar exercise was conducted for residential properties through the use of an assumed average house size multiplied by a square foot factor to arrive at a per house first year special tax of$350.00 per housing unit. The City elected to utilize the per unit special tax method for residential and the per We special tax for industrial and retail properties as a means to achieve efficiency in the administration of the CFD No. 1033- Otherwise, a separate building square footage calculation for each dwelling unit and each industrial and retail project would have been required_ This latter approach would have become extremely burdensome and the cost of such extraordinary administration would have been ultimately the financial obligation of the property owners. Thus the City was able to achieve for the benefit of all property owners within the CFD No. 1033 a substantial administrative cost reduction each year. As a point of comparison, the Vic-Vin project contemplates a coverage factor of approximately 41.8% versus the assumed average coverage factor of 33%. Applying the same formula on a square foot of building area basis, Vic-Vin would have paid a first year special.tax of $3,095.00 as compared to the established first year special tax of $2,445.00. Vic-Vin is thus paying an effective rate of$0.13 per square foot of building area when the per acre first year special tax amount is divided by the actual building square footage for this proposed Vic-Vin project. The calculation of the "in-lieu payment" is a very simple mathematical aaalysis whereby the first year special tax was increased by 2% per year for 30 years and then a 6%present value discount factor was applied against this annual cash flaw stream to determine the present value of this series of special tax payments separately for residential properties and for industrial and retail properties. I am confident that through your use of an Excel spread sheet you would be able to replicate the same calculations contained in the Engineer's Report that was presented to the Mayor and Common Council in 2004. Page 3 Re: Letter to John M- Bowman Augast 1,2006 I would like to present the following offer to you as a means of aIIowing us to move your Vid-Vin project forward as expeditiously.as possible through the City entitlement and design review process. The City of San Bernardino is undergoing an unprecedented surge of industrial growth at this time and it is certainly advantageous for the owners and investors in the Vic-Vin project to move forward while this opportunity is present. Upon your request, I would have the Planting Department Staff forward to you the necessary documents to initiate the annexation of the Vic-Vin property into the CFD No. 1033 without any cost to Vic-Vin to participate in this annexation process. In the meantime, staff would resume the development review process, including public review of the Initial Study and Planning Commission review of the project. Upon approval of the project by the Planning Commission, you would be able to proceed with permit issuance after the necessary documents have been executed by Via-Vin and returned to the City whereby Vic-Vin would be committed to participate in the CFD annexation process. The entire annexation process would probably require up to four (4) months time to finally process, but the pending annexation process would not further delay your project after the necessary documents have been executed and delivered to the City. It is likely that we would be including other properties as well into this next CFD annexation cycle. I look forward to hearing from you and please contact me should you have any further questions regarding this matter. Sincerely, Henry Ernpeno, Jr. Sr. Deputy City Attorney Enclosure M. James F_ Penman, City Attorney ... . .. ...__._ ...... . I Verdemont Fire Station Mitigation VIC VIN Industrial Subdivision&Two Industrial Buildings on Industrial Parkway Tentative Parcel Map No. 17503 (SUB No. 04-35) and Development Permit 2 No. 04-54 Replacement language for the Initial Study.prepared by Hogle-Ireland,Inc.: i Replacement Impact Discussion related to -fire protection: Fire prevention, fire protection, and emergency medical assistance in the City of San Berardino are provided by the San Bernardino Fire Department(SBFD). Construction of the proposed project will generate additional need for fire protection and emergency medical aid from the Verdemont Fird Station#12 located at 6065 N1. Palm Avenue. The proposed project will generate additional service demand on the Verdemont Fire Station, impacting the ability of the Fire Department to meet the Emergency Service Delivery Management and Planning Standards adopted by the Mayor and Common Council of the City of San Bernardino, including a 5-nunute response time to 90% of all service calls. This constitutes a potentially significant adverse impact, due to the need for new or physically altered facilities required to maintain acceptable service ratios, response tines and other perfbnrnailce objectives for fire protection service-From the Verdemont Fire Station. Replacement Mitigation Measure: Prior to issuance of building permits, the applicant shall participate on a fair-share basis in fiinding the continued operation and maintenance of the Verdemont Fire Station. A one-time fair-share contribution equivalent to the Community Facilities District No. 1033 "in-lieu fee"established by Resolution No. 2004-107 of the May and Common Council will mitigate the long-term impact of the project on emergency services of the Fire Department. As an alternative, an irrevocable agreement to annex the project site to Community Facilities District No. 1033 would satisfy this obligation. I I I I . i JMBM� J effer Man g eis utler & Marmaro LIP, John M. bowman 1900 Avenue of the Stars,7th Floor Direct(310)785-5379 Los Angeles, California 90067-4308 mbCjmbm-corn (310)203-8080 (310)203-0567 Fax 1 www-Jmbm.coin Ref: 67014-0001 June 15, 2006 VTA ELECTRONIC MAIL AIND U-S: MAIL Henry Empeno JUN 1 9 2006 Deputy City Attorney City of San Bernardino 300 N- "D" Street, 6th Floor Sy r" San Bernardino, CA 92418 Re: Vic-Vila Industrial Development Project Dear Mr. Empeno: As you know, this office represents Victor DiPietro and Vic-Vin Enterprises, LLC (collectively "Vic-Vin") in connection with Vic-Vin's application for a tentative parcel map and development permit to construct two warehouse-industrial buildings (the "Project") on a 10.3-acre parcel located south of Industrial Parkway between Palm Avenue and University Parkway in the City. of San Bernardino (the "Property"). The purpose of this letter is.to summarize our position concerning the fire "mitigation" issue and to request your assistance in resolving this matter. BACKGROUND An application for approval of the tentative parcel map and development permit for the Project was filed with the City of San Bernardino (the "City") on December 29, 2004. Over one year later (January 2006), an Initial Study was prepared for the Project under the . California Environmental Quality Act ("CEQA"). The Initial Study, which was prepared for the City by 1•-logle-Ireland, Inc., concluded that all of the potential environmental impacts of the Project can be mitigated to a level of insignificance. With respect to potential impacts on public services, the Initial Study stated, in relevant part, as follows: "The City has created Community Facilities District, CFD No. 1033, for the purpose,of levying and collecting a Special Tax to finance a portion of the continued operation and maintenance of LA 4065754 v1 Henry Empeno, Assistant City Attorney June 15, 2006 Page 2 the Verdemont Fire Station, including personnel expenses, equipment and operational expenses. If it is determined that this property is covered by CFD No. 1033,'the project will be subject to the Special Tax in the amount that is determined annually pursuant to City Ordinance No. MC-1184, Exhibit A, or in a 'one-time In-Lieu Fee' in the amount of$44,358.47 per acre for an Jndustrial Zone as so identified in City Ordinance No. MC 1184. [1) Therefore, with the following mitigation measure this impact is reduced to below a level of significance: [J] 7. Participate, as required, in payment of the Verdemont Fire District Community Facilities District No. 1033 gees as either an annual tax or one-time In-Lieu fee of$44,358.47 per acre for an Industrial Zone or as identified in City Ordinance No. MC- 1184." (Emphasis added.) Since the time the Initial Study was prepared, Vic-Vin has determined--and you have confirmed—that the Property is not covered by CFD No, 1033 and that the Project is not subject to the "annual tax" or "one-time fee established pursuant-to the Community Facilities District ("CFD"). Accordingly, no tax or fee would be required under the terms of the mitigation measure as originally proposed in the Initial Study. Nonetheless, several months ago we were informed by City staff that staff intends to review this matter further and may recommend an alternative mitigation measure. Despite our numerous attempts to ascertain the status of these efforts, we have yet to be informed of the staff's conclusions in this regard. To date, Vic-Vin has been extremely patient and, through its representatives, has attempted to resolve the issue in good faith. However, the Project has now been delayed for several months as a direct result of the fire mitigation issue. Indeed, it is my understanding that the Project had at one time been scheduled for hearing in June of this year, but has since been taken off-calendar indefinitely pending resolution of the issue. DISCUSSION As indicated above; our immediate concern is the delay caused by staff's decision to reevaluate the fire mitigation issue. However, I would also like to take this opportunity to briefly outline our position on the substance of the mitigation issue. First, we do not believe that the Project will in fact have any adverse environmental impact in the area of fire services. As indicated in the documentation that we have obtained concerning the CFD, the CFD is intended to provide funds for the on-going "operation and maintenance" of the existing Verdemont Fire Station_ Of.course, CEQA is designed to mitigate potential physical impacts on the environment—not to ensure adequate funding for on-going municipal services. Indeed, the environmental checklist contained in LA 4065754 A Henry Empeno, Assistant City Attorney June 15, 2006 Page 3 Appendix G to the State CEQA Guidelines requires the City to consider the following question: "Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or,physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for Fire protection . . . " (Emphasis added.) In this case, the fire station that will serve the Project is already in existence, and we are not aware of any evidence to support a finding that the Project will create a need for the "construction" of any "new or physically altered" facilities to maintain acceptable levels of fire protection. Thus, there does not appear to be any basis for imposing a fire mitigation fee under CEQA_ Second, under the Mitigation Fee Act, Gov't Code §§ 66000 er seq., the City, before imposing any fee on the Project, must detertnihe how there is a "reasonable relationship" between the need for the public facility and the type of development project on which the fee is imposed. Gov't Code § 66001(a). Additionally, the City must determine how there is a reasonable relationship between the amount of the fee and the cost of the portion of the public facility attributable to the project upon which the fee is imposed. 66001(b) and 66005. In other words, the City has the burden of demonstrating that any fee is "roughly proportional" to any impacts caused by the development project. See Dolan v. City of 77gard, 512 U.S. 374 (1994) and Ehrlich v. City of Culver City, 12 Cal-4th 854 (1996). Again, we are not aware of any basis for the City to conclude that the Project in this case will create a "need" for additional fire protection facilities. However, even if such a "nexus" could be established in this case, we submit that the "one-time" fee established in the CFD—which if applied.to the Project in this case would equate to a fee of approximately $457,000--would not be "roughly proportional" to any such impact and could not be legally imposed_ Notwithstanding the foregoing, and in the interest of resolving the. issue in an amicable fashion, my client is prepared to accept a condition of approval that requires the payment of a reasonable fee or other appropriate mitigation measure, so long as the Project is allowed to proceed to hearing in an expeditious fashion_ We would greatly appreciate the assistance of your office in facilitating such a resolution. I i LA 4065754 v) Henry Empeno, Assistant City Attorney June 15, 2006 Page 4 Thank you for your consideration. Very truly yours, JO BOWMAN of Jeffer, Mangels, Butler & Marmaro LLP JMB:dg cc: Fred Wilson, City Manager I I A AnGS7�;d vl EXHIBIT 4 Background Documents Relative to the Formation of CFD No. 1033 And Fire Service Mitigation in the Verdemont Fire Station Service Area i i Background Documents Relative to the Formation of CFD No. 1033 and Fire Service Mitigation in the Verdemont Fire Station Service Area 1. Staff report and Council Resolution No. 2000-113 dated May 15, 2000, adopting certain Fire Department Emergency Service Delivery Management and Planning Standards 2. Memo from Fire Department to City Manager dated August 3, 2006, stating the continued need for a Verdemont Fire Station 3. Memo from Doug Dupree to Valerie Ross dated February 2, 2006, describing the impacts of Tentative Parcel Map 17052/Development Permit I1 04-54 upon fire services in the Verdemont Area 4. Council Agenda Item #24 from Council meeting on April 19, 2004, approving Resolution No. 2004-107 including the form of a Mitigation Agreement related to fire services for new development in the Verdemont Fire Station Service Area 5. Council Resolution No. 2004-104 adopted on April 19, 2004, Declaring the Intent to Form a CFD together with numerous findings of fact to substantiate the necessity for new development to pay a "fair share" of the Verdemont Fire Station operating expenses; (note the highlighted provisions regarding the background issues and the necessity for new development to pay a"fair share" amount) 6. Council Agenda Item #35 from Council meeting on June 21, 2004, adopting Resolution No. 2004-210 Declaring and Establishing the Formation of the CFD and approving the Engineer's Report (Exhibit A) and the Rate and Method of Apportionment of the Special Tax (Exhibit B) 7. Engineers Report as attached to Resolution No. 2004-210 from Council Agenda Item #35 from June 21, 2004, emphasizes the following points (see highlighted provisions as noted in the Engineer's Report): a. Section II.(b) — recognizes that the City may pursuant to CEQA require owners of new developments to participate in the CFD or pay an "in-lieu fee"; b. Section II.(g) — states that the City has concurrently approved the form of the Mitigation Agreement; c. Section III. — in 1998 a Fire Department Planning Standards Ad Hoc Committee was formed; on March 28, 2000, the Committee recommended certain standards to the Council for adoption relating to response time and drive times from fire stations in the Verdemont Area; 1 d. Section IV#) — contains statements that based upon improvements in the real estate market, land owners and developers are once again seeking to develop within the Verdemont Area; the City anticipates that infrastructure demands will thus be placed upon the City; e. Section IV.(h) — the initial CFD would only generate 9.9% of the first year's annual costs of operation of the Verdemont Fire Station; states that as new development annexes to the CFD, additional annual funds will thus be provided to pay the costs of the operations of the Verdemont Fire Station; f. Section V. — City declares its intent to stimulate development; the special tax will provide a portion of the funding of the annual costs of the Verdemont Fire Station. 8. Two spread sheets dated March 27, 2003, illustrating the potential revenues to be generated by new residential development available to pay for the costs of construction of the Verdemont Fire Station through the Verdemont Infrastructure Fee ("VIF") 9. Spread sheets illustrating the calculation of the in-lieu fee amount in the event a property owner elected not to participate in the CFD 10. Three spread sheets of"drafts" dated July 15, 2003, illustrating the separate assumptions for existing and new (i) residential development, (ii) commercial development, and (iii) industrial development in the Verdemont Fire Station Service Area and the allocation of O&M costs to each land use category 2 SECTION 1 City of San Bernardino Request for Council Action Mayor and Common Council for May 15 , 2000 10-03-2006 04:08pm From-CITY OF SAN BERNARDINO PLANNING DEPT 9093845080 T-208 P 006/012 F-407 - " CITY OF SAN BERNARDINO -- REQUEST FOR COUNCIL ACTION From: Larry R. Pitzer Subject: Fire Department Emergency Service Delivery Management and Planning Standards. Dept: Fire r_ , Lute: May 15, 2000 Synopsis of Previous Council Action: No, RECOMMENDATION: 1) Adopt Resolution 2) Approve implementation of the automated emergency medical dispatching system. 3) Approve the study and analysis of issues pertinent to our City's relatively high emergency incident call volume. 4 Approve the station-siting plan for implementation at Mayor and Council discretion, and when funding becomes available. Signature Contact Person: Larry n. Pitzer Phone: (909)384-5286 Supporting data attached: Staff Report Ward: City Wide F=UNDING REQUIREMENTS: Amount: Funding has vet to be identified Source: ACCT_No) (Acct. Description)- _Finance: Council Notes: �"7 4/10 51 Woo Agenda Item No. 10-03-2006 04:08pm From-CITY OF SAN BERNAP.DINO PLANNING DEPT 9093845080 7-208 P 007/012 F-407 STAFF REPORT SUBJECT: Fire Department Emergency Service Delivery Management and Planning Standards BACKGROLND: Early in 1998, Fire Department administrative staff requested that a process be developed to study and adopt emergency service delivery management and planning standards. This was prompted in part by the need to consider the addition of a fire station in the Verdemont area. Without planning standards, the Verdemont station concept could not be evaluated objectively. Subsequent to the request to develop a process, the Mayor and Council approved the establishment of a Fire Department Planning Standards Ad Hoc Committee at the September 21, 1998 Council meeting_ The members that were appointed to that committee are: Councilwomen Esther Estrada and Susan Lien; Fire Commission members Larry Veres and Richard Caldwell; from the public, Philip Savage. In November of 1998, the Ad Hoc Committee began meeting to study and analyze topics relevant to es[ablishing emergency service delivery standards. The Committee reviewed many issues and topics durin- the following 11/'2 year period of time. Some of those general issues and ,opics are listed on Exhibit A. On March 28, 2000, the Committee agreed upon certain standards to recommend to Mayor and Councii for adoption. The Comr_unee also requested that a workshop for Mayor and Council be scheduled because of the depth and complexity of information that needs to be presented to there. -Chose standards and other recommended actions are listed below. There will be a deiailed presentation of these standards and recommendations at the workshop; in addition, they are also listed with explanation on Exhibir B. RECOMMENDED S'T'ANDARDS Dispatch processing time shall b° 60 seconds or less 90,7,, of the time. Turnout time shall be 60 seconds or less 901?1c, of the time. Drive tirne from fire station locations to arrival at emergency incidents shall be 5 minutes or less 90`:0 of the time. This is the time interval from en route of the closest apparatus that is dispatched until anival at the emergency incident. OTHER REC0MN_ ENDED ACTIONS Automate the emergency medical pre-arrival and priority dispatching system. Adopt a fire station siting plan that is consistent with the 5-minute drive [ime Standard. Study and analyze issues pertinent to our City's relatively high emergency incident call volume for the purpose of recommending a methodology to reduce calls per capita, maximize efficiency of resources, and provide the appropriate response in a cost effective manner. 10-03-2006 04:08pm From-CITY OF SAN BERNARDINO PLANNING DEPT 9093845080 T-208 P 008/012 F-407 f Implementation of the recommended standards may lead to the Mayor and Council authorizing the expenditure of funds in the future. However, adoption of the standards per se will not require expenditure of funds_ The decision to proceed with any of the Committee's recommendations can be done predicated upon the availability of funds in the future. By their very nature, fire service planning standards allow for long range planning. Consequently, expenditure of funds that are predicated upon these standards could occur many years in the future. In fact, the planning standards will most likely have an impact for well over 20 to 30 years. A detailed descr ption of the station siting plan and associated costs are shown on Exhibit B. FINANCIAL IMPACT: > The recommended motion adopting the standards will not require expenditure of funds_ :approval and implementation of the `'Other Recommendations" as delineated above will r�yuire the following: • :automated emcr°'nc,-, medical dispatchine system - 546,200 (one time cost). • Fire station siting plan The Fire Station siting plan can certainly be completed as a Single project. However, it is also logical to consider a - o-phase approach as shown below: Phase I ' One fire station in the Verdemont area. ■ One time construction cost 51?00.CCO to S1.500.000. • Fire Engine $350.000 Annual on-going cost 51.300.000 Ph:�se Ii. Relocation of lour existinq fire stations • Qne rime construction cost S4,800,OOQ to 56,000,000 If the Mayor and Council adopt the standards, implementation of the recommendations may be considered during the FY 00101 budget process, and in subsequent budget years. i :fit chi s time, funding has yet to be identified to implement the above standazds RECOW4ENDATION: 1) Adopt R,-solution I ?) Approve implementation of the automated emergency medical dispatching system. 3) Approve the study and analysis of issues pertinent to our City's relatively high emergency incident call volume. 4) Approve the station-siting plan for implementation at Mayor and Council discretion, and when funding becomes available. 10-03-2006 04:08pm From-CITY OF SAN BERNARDINO PLANNING DEPT 9093845080 T-208 P 009/012 F-407 EXI-IIB IT A ISSUES AND TOPICS REVIEWED The follo%ing list of issues and topics are some of the general areas that the Ad Hoc Corrurnittee reviewed and studied; theN Will be addressed at the Council workshop- %= Council goals and objectives, and the City's General Plan as it relates to the Fire Depanment Y Standard response levels to various types of emergency incidents. Taal system retlex delivery time components. i Effect of response time on emergency medical service incidents. r Effect of response time on fire incidents. The City's preparedness for local and regional disasters. Fire station-siting criteria. OSHA ? in ? out rule. Turnout time. One vs. two paramedics per engine concept. Building construction types as they relate to fire resistanee/behavior. d Comparable cities survey_ ln,�urance Services Office grading schedule. Emergency medical dispatching system and the standard dispatch system. R"sk factors and service demands. i 10-03-2006 04:09pm From-CITY OF SAN BERNARDINO PLANNING DEPT 9093845080 T-208 P 010/012 F-407 EXHIB IT B RECOMMENDED STANDARDS AND OTHER ACTIONS Recommended Standards Dispatch processing time shall be 60 seconds or less 90% of the time. This is the time interval from receipt of a telephone call from someone reporting an emergency until the dispatcher activates the tire station alerting system. Turnout time shall be 60 seconds or less 90% of the time. This is the time interval from station alerting until the fire apparatus is en route to the emergency. Drive time from fire station locations to arrival at emergency incidents shall be 5 minutes or less 907c, of the time This is the time interval from en route of the closest apparatus that is dispatched until arrival at the emergency incident. Other Recommended Actions Automate the emergency medical pre-arrival and priority dispatching system. Dispatchers currently have a manual card system that they utilize to give rudimentary medical instructions over the telephone to untrained persons assisting an injured or ill victim. The automated systems provide a more eff cient platform to gi-,.e this critical information with a higher degree of accuracy. In addition to the pre-arrival instructions, automated systems coordinate the medical necessity with the type and number of emergency apparatus that need to be dispatched to the emergency, whether or not to respond with lights and sirens, with Advanced Life Support (paramedics on fire apparatus), Basic Life Support (EMT on ambulance), or non-emergency transportation to clinics or physicians. Again, the automated version allows for a more efficient dispatch as well as a higher degree of accuracy. Adopt a tire station siting plan that is consistent with the 5-minute drive time standard. A 5-minute drive time station siting plan calls for the addition of a 1'`h fully staffed fire station in the Verdemont area. In addition, there will need to be a relocation of 4 stations. Therefore, there would be a cost to build 5 fire stations and to staff one of them, below is a detail listing of the approximate costs: 10-03-2006 04:09pm From-CITY OF SAN SERNAPDINO PLANNING DEPT 9093845080 T-208 P 011/012 F-407 1 RESOLUTION 200o 113 I 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, ESTABLISHING CERTAIN EMERGENCY 3 RESPONSE TIME STANDARDS CONTINGENT UPON THE 4 AVAILABILITY OF FUNDS. BE IT RESOLVED BY THE MAYOR AND COMNION COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 6 7 SECTION 1. The fo?lowing emergency response time standards are hereby established, contingent upon the availability of funds, for the San Bernardino City Fire Department: 10 I. Dispatch processing time shall be sixty seconds or less ninety percent of the 11 time. 12 131 2 Tu.*nout time shall be sixty seconds or?ess ninety percent of the time. 141 3. Drive time from fire station locations to arrival at emergency incidents shall 15� he 5 minutes or less 90% of the time. This is the time interval frorn en route 16 of the closes: apparat_,s that is dispatched until ariiva? at the emergency 17 incident. 18 19 20 21 22 23 dill I 24 i 25 1.+ill i 26 27 28 E iE 10-03-2006 04:09pm From-CITY OF SAN BERNAP.OINO PLANNING DEPT 9093845080 T-208 P 012/012 F-40' •2000-113 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITE' 2 OF SAN BERNARDINO, ESTABLISHING CERTAIN EMERGENCY RESPONSE TLW STANDARDS CONTINGENT UPON THE 3 A'VAMABILITY OF FUNDS. 4 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor 5 and Common Council of tae City of San Bernardino at a S o on 15th Joint Regular meeting thereof, held the day of 7 'lay , 2000, by the following vote,to wit: 8 9 COL'NCaLIEhSBERS AYES NAYS ABSTAIN ABSENT Io ESTRADA _x ---- 11 LrJ[..` x 12 13 SIC GDgMS x 14 SCHNFT7 x A 15 SUAREZ ------ - 16 -VNDERSON x — 1r VIC CAMN ACK x 18 19 The foregoing resolution is hereby approved this A6—day of may 2000, 20 21 Esther Estrada Mayor Mayor Pro Tem 22 23 Apl,=oved as to form and legal content: 24 25 JAMES E. PEN-%,tAN Ci;y Attorney Rac 1 G. Clark, C!-[C City Clerk 27 r 28 SECTION 2 Memorandum of August 3 , 2006 Fire Station 232, Verdemont SAN BERNARDINO CITY FIRE DEPARTMENT Interoffice Memorandum To: Fred Wilson, City Manager From: Mike Conrad, Acting Fire Chief Subject: Fire Station 232, Verdemont Date: August 3, 2006 The purpose of this memo is to explain the rationale used in determining the need for Fire Station 232 and to re-confirm the validity of this reasoning today. In 2000, the City Council approved Fire Department Emergency Service and Delivery Management and Planning Standards. Included in these standards is a requirement that the drive time from a Fire Station to an emergency be 5 minutes or less 90% of the time. This standard is generally accepted industry wide as appropriate in providing for the public safety. The adoption of this "drive standard"helped to determine new fire station location and proposed the relocation of some existing stations. Through a comprehensive research effort, the most appropriate station locations were determined-in response to population growth. At this point, the need for a new Fire Station in the Verdemont area was identified. Since the initial study was completed in 2000, the need for Station 232 has only increased. Residential and commercial development has continued at a rapid pace, introducing more and more people into the area. Traffic along the I-215 corridor has increased; causing additional traffic related emergencies. Finally, as the construction of new neighborhoods approaches the National Forest boundary, the potential for devastating wildfire in the wildland/urban interface increases requiring an enhanced response capability. I addition to the information already presented, we must also take into account our most recent Insurance Services Office (ISO) rating reported in the year 2000. Our rating is currently in the Class 3 category. Many factors, including response time and number of trained fire personnel arriving at scene, are used to calculate the City's ISO rating. If Station 232 did not exist and development were to continue in the area, it is likely that our ISO rating may drop to Class 2, which translates into a 5% to 10% increase in residential and commercial insurance costs. As development continues in the Verdemont/Palm area of the City, Fire Department calls for service will increase with the increased human presence. It is even possible that at full build-out, additional personnel and equipment may be needed to satisfy the emergency response demands. The construction of Station 232 provided a valuable asset to our City's emergency response capabilities and becomes increasingly important as time passes. i MC/sm SECTION 3 "Tentative Parcel Map 17052 / Development Permit 11 04-54" Memorandum of February 2, 2006 SAN BERNARDINO CITY FIRE DEPARTMENT INTEROFFICE MEMORANDUM To: Valerie Ross, Deputy Director Development Services From: Doug Dupree, Fire Marshal RE: Tentative Parcel Map 17052/Development Permit 11 04-54 Subject: Fire Service Verdemont , Community Facilities District 1033 Date: February 2, 2006 Copies: Geri Franske, Fire Plans Examiner The addition of new residential and commercial development will result in adverse environmental impacts to the Verdemont area, because growth and new construction adversely affects the ability of the City to provide emergency fire services. The proposed development will result in construction of 2 industrial buildings on 10.33 acres, exacerbating the need for such fire station. In this regard new development creates new demands for emergency fire services either by increasing the amount of services needed in a particular area of the City such as Verdemont, or by increasing the types of services required for an area. For example, the level of calls for service increases as a result of growth and new construction. New construction increases the number of square feet served, as well as the number of people who require fire services. Staff levels must increase to accommodate the increase in the number of service calls and to provide adequate service to the City. Sufficient equipment must be provided to service the expanded service areas of the City. Further, the increased need for service necessitates the construction and funding of additional facilities in order that fast and efficient service may be provided. Accordingly, any new development will result in additional service demands that will be placed on the City to provide continued fire protection service within the Verdemont Area and surrounding regions in accordance with the City's 'fire emergency development standards, as such new development continues to occur in areas northerly of existing fire station service areas. The Mayor and Common Council have adopted"Fire Department Emergency Service Delivery Management and Planning Standards", which set forth specific standards for the delivery of fire services, including, but not limited to, a drive time from fire station locations to arrival at emergency incidents of 5 minutes or less, 90% of the time. The City's fire station siting plan called for the development of a fully staffed fire station in the Verdemont area, in order to render emergency fire services available to the Verdemont area consistent with those available to other areas of the City and with the standards for the delivery of such services. From an environmental standpoint, the need or provision of new or physically altered facilities to maintain acceptable service ratios, response times or other performance objectives for fire protection services is a potentially significant adverse physical impact for purposes of the California Environmental Quality Act (Public Resources Code Section 21000 et sec., "CEQA"). It is appropriate to impose some of the cost of the increased burden of providing fire services necessitated by such development directly upon the sponsors of such new development. New development in the Verdemont Area should accordingly be required to pay for a portion of the costs of the operations and maintenance of the Verdemont Fire Station. Requiring the mitigation condition to be part of the conditions of approval for the industrial property will help to offset the new demand caused by the new development, and is an appropriate means to accomplish the mitigation of potentially significant, substantial adverse environmental impacts under CEQA. I I I I i i 2 SECTION 4 � Request for Council Action For Mayor and Common Council Meeting April 19, 2004 I io7 CITY OF SAN BERNiARDINO - REQUEST FOR GiUNCIL ACTION From:Fred Wilson, City Administrator Subject: Resolution of the Mayor and Common Council of the City of San Dept: City Administrator Bernardino Approving Form of Mitigation Agreement in the Verdemont Fire Station Date: April 2, 2004 Service Area and Authorizing Execution of the Final Form of Mitigation Agreements with Participating Developers (Community Facilities District No. 1033) Meeting Date: 4/19/04 Synopsis of Previous Council Action: 09,102/03 —Mayor and Common Council authorized staff to proceed with preparation of documents and appropriate Municipal Code amendments to impose a special tax district for the operation and maintenance of the proposed Verdemont Fire Stanton on new development only. 12/15/03 - Resolution was approved by of the Mayor and Common Council of the City of San Bernardino declaring the intention to establish a community facilities district for the ongoing operation and maintenance of a fire station for the Verdemont area. Recommended motion: Adopt Resolution. Signature Contact person: Teri Baker Phone: 5122 Supporting data attached: Staff Report,Resolution,Agreement FormWard: 5 FUNDING REQUIREMENTS: Amount: None Source: (Acct. No.) (Acct. Description) Finance: Council Notes: Agenda Item No. CITY OF SAN BER iARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT Subject: Resolution of the Mayor and Common Council of the City of San Bernardino Approving Form of Mitigation Agreement in the Verdemont Fire Station Service Area and Authorizing Execution of the Final Form of Mitigation Agreements with Participating Developers (Community Facilities District No. 1033) Background: In light of the recent fires which ravished the City, especially in this area, providing a fire station within the Verdemont Fire Station Service Area is paramount to the health and safety of the citizens. New development within the Verdemont Fire Station,Service Area will exacerbate the existing need for additional fire protection services, a significant adverse impact under the California Environmental Quality Act ("CEQA", Public Resources Code Section 21000 et M.) Accordingly, the City has the right to mitigate this adverse impact prior to approving any development, either through inclusion of such development in a community facilities district pursuant to the "Mello-Roos Community Facilities Act" (Government Code Section 53311 et SeMc.) or by the payment of a "mitigation fee" (i.e., an "In-Lieu Fee" as described in the proposed Mitigation Agreement) pursuant to Government Code Section 66474. Resolutions to commence formation proceedings for a community facilities district ("Community Facilities District No. 1033", or "CFD No. 1033") to pay for a portion of the Verdemont Fire Station operations and maintenance will be provided to the Mayor and Common Council at the next Council Meeting. The special tax of CFD No. 1033 and the Verdemont Fire Station operations In-Lieu Fee would each only apply to newly developed projects in the Verdemont Fire Station Service Area and not to any existing development. Based on certain assumptions used to determine the special tax rate for new residential development on an annual basis in addition to the special tax rate for new industrial commercial and retail projects, the initial year tax rate for new residential units is $350 per dwelling unit and $2,445 per acre for new industrial, commercial and retail projects, adjusted annually over the course of the special tax, i.e. thirty (30) years. The special tax is subject to an annual increase, which may not exceed 2% per year. By comparison, the upfront mitigation In-Lieu Fee would be equal to $6,349.88 for each new residential dwelling unit and $44,358.47 per acre for each new industrial, commercial and retail project within the Verdemont Fire Station Service Area. The proposed form of the Mitigation Agreement attached to this Resolution provides that each developer of a new project in the Verdemont Fire Station Service Area, which is subject to CEQA, may either elect to include the developer's property in CFD No. 1033 (thereby agreeing to make such property subject to the CFD No. 1033 special tax), or to pay the In-Lieu Fee. 4828-28373784.1 CITY OF SAN BEI;U.ARDINO - REQUEST FOR COtiNCIL ACTION STAFF REPORT This Mitigation Agreement ("Proposed Development") also includes a "Rate and Method of Apportionment of the Special Tax" (based on the aforementioned parameters), and the Mitigation Agreement is in recordable form (so that its payment provisions become a binding covenant on the property). In the event that the developer fails for any reason to participate in the formation or annexation proceedings for CFD No. 1033, as applicable, the Mitigation Agreement provides that the developer shall then be required to pay the In- Lieu Fee. Following formation proceedings, each developer of a new project in the Verdemont Fire Station Service Area will have the ability to either elect to annex into the CFD No. 1033 or pay the In-Lieu Fee. This Resolution approves the Mitigation Agreement in substantially the form as attached to the Resolution, and authorizes the execution of the Mitigation Agreement with participating developers subject to non substantive changes as authorized by Staff in consultation with the City Attorney and Special Legal Counsel. Fiscal Impact: It has been assumed that the City will be required to pay a substantial portion of the operating expenses for the Verdemont Fire Station until such time as a significant amount of new development has occurred in the Verdemont Fire Station Service Area. It is possible that upon full build-out of the Verdemont Fire Station Service Area perhaps upwards of 30% to 50% of the annual operating and maintenance costs of the Verdemont Fire Station would be paid through the special tax or the Verdemont Fire Station operations In-Lieu Fee, with the City General Fund paying the remaining operations and maintenance expenses annually. Recommendation: Adopt Resolution. 3328-233747331 1 RESOLUTION NO. 2004-107 2 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE 3 CITY OF SAN BERNARDINO APPROVING FORM OF MITIGATION AGREEMENT IN THE VERDEMONT FIRE STATION SERVICE AREA AND 4 AUTHORIZING EXECUTION OF THE FINAL FORM OF MITIGATION 5 AGREEMENTS WITH PARTICIPATING DEVELOPERS (COMMUNITY FACILITIES DISTRICT NO. 1033) 6 WHEREAS, the City of San Bernardino, California (the "City"), is a municipal 7 corporation and charter city, duly organized and existing pursuant to the provisions of the Constitution of the State of California; and 8 9 WHEREAS, currently there are areas within the City which are not provided with adequate fire and safety protection in light of the recent fires which ravished the 10 City, and new development within the Verdemont area of the City, because of inadequate fire protection, will cause substantial adverse environmental impacts; and 11 WHEREAS, it is in the best interest of the City to provide additional fire and 12 safety protection prior to any new development as well as provide for a guaranteed 13 means to pay for such ongoing protection and assure the availability of fire station services of the City to serve such new development; and 14 WHEREAS, prior to the approval of any subdivision map or other 15 construction, the City may require future development within the City to mitigate such 16 substantial adverse environmental impacts pursuant to the Califomia Environmental Quality Act (CEQA Public Resources Code Section 21000 et M.), either through 17 inclusion of such development in a community facilities district pursuant to the "Mello-Roos Community Facilities Act"(Government Code Section 53311 et SeMc.) or 18 by the payment of a"mitigation fee" (i.e., an"In-Lieu Fee") pursuant to Government Code Section 66474; and 19 20 WHEREAS, the Mayor and the Common Council have commenced formation proceedings for the establishment of a community facilities district ("Community 21 Facilities District No. 1033", or"CFD No. 1033"), which CFD No. 1033 is designed to pay for a portion of the Verdemont Fire Station operations and maintenance through 22 the imposition of a special tax on all subject property within CFD No. 1033; and 23 WHEREAS, at this time the Mayor and the Common Council wish to approve 24 the proposed form of a "Mitigation Agreement", which Mitigation Agreement provides that each owner/developer of a new project in the Verdemont Fire Station 25 Service Area may either elect to include the owner's/developer's property in CFD No. 1033 (thereby agreeing to make such property subject to the CFD No. 1033 special 26 tax), or to pay the In-Lieu Fee as described in the Mitigation Agreement, and to 27 authorize the execution of said Mitigation Agreement. 28 4815-7008-3584.1 1 2004-107 1 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE 2 CITY OF SAN BERNARDINO APPROVING FORM OF MITIGATION AGREEMENT IN THE VERDEMONT FIRE STATION SERVICE AREA AND 3 AUTHORIZING EXECUTION OF THE FINAL FORM OF MITIGATION 4 AGREEMENTS WITH PARTICIPATING DEVELOPERS (COMMUNITY FACILITIES DISTRICT NO. 1033) 5 NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED 6 BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, AS FOLLOWS: 7 8 Section 1. The above Recitals are true and correct in all respects and are incorporated herein by reference. 9 Section 2. The Mitigation Agreement is hereby approved in substantially the form as attached hereto as Attachment "1", and the Mayor or her designee is 10 authorized and instructed to execute and deliver the final form of the Mitigation 11 Agreement, with such non substantive changes thereto as the City Administrator, in consultation with the City Attorney and Special Legal Counsel, may approve. 12 Section 3. The City Administrator is hereby authorized to do and perform 13 any and all such acts as necessary or advisable, in consultation with the City Attorney and Special Legal Counsel, to carry out the purposes and intent of this resolution. 14 Section 4. This resolution shall take effect immediately upon its passage. 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4815-7008-3584.1 2 2004-107 1 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE 2 CITY OF SAN BERNARDINO APPROVING FORM OF MITIGATION AGREEMENT IN THE VERDEMONT FIRE STATION SERVICE AREA AND 3 AUTHORIZING EXECUTION OF THE FINAL FORM OF MITIGATION AGREEMENTS WITH PARTICIPATING DEVELOPERS (COMMUNITY 4 FACILITIES DISTRICT NO. 1033) 5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the 6 Mayor and Common Council of the City of San Bernardino at a jt. regular meeting thereof, held on the 19th day of April , 2004, by the 7 following vote, to wit: 8 Council Members: AYES NAYS ABSTAIN ABSENT 9 ESTRADA x 10 LONGVILLE x 11 12 MCGINNIS x 13 DERRY x 14 KELLEY x 15 JOHNSON x 16 McCAMMACK x 17 18 19 City rk 20 The foregoing resolution is hereby approved this 1_ �r day of April , 2004. 21 23 Jud� Valles, Mayor 4y of San Bernardino 24 Approved as to Form and legal content: 25 26 JAMES F. ENMAN, City Att, ey 27 By / 28 4815-7008-3584.1 3 2004-107 ATTACHMENT "1" Recording requested by ) and when recorded mail to: ) City of San Bernardino 300 North "D" Street, 61h Floor ) San Bernardino, CA 92418 ) Attn: Deputy Director/City Planner ) Exempt: Government Code § 6103 Space above this line for Recorder's use only AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND RELATIVE TO MITIGATION OF FIRE STATION SERVICE IMPACTS THIS FUNDING AND MITIGATION AGREEMENT ("Agreement") dated as of 2004 is entered into by and between the City of San Bernardino, a charter city and a public body, corporate and politic (the "City"), and _ a corporation, (the"Landowner"). WITNESSETH: WHEREAS, the Landowner is the owner of the property described in Exhibit "A" and depicted in Exhibit "B" hereto (the "Property") which the Landowner proposes to develop _ number of[dwelling units/acres of non-residential development] (the "Proposed Development"); and WHEREAS, currently there are areas within the City which are not provided with adequate fire and safety protection in light of the recent fires which ravished the City, and new development within the Verdemont area of the City, because of inadequate fire protection, will cause substantial environmental impacts; and WHEREAS, it is in the best interest of the City to provide additional fire and safety protection prior to any new development in the Verdemont area, as well as provide for a guaranteed means to pay for such ongoing protection and assure the availability of Fire Station Services (as hereinafter defined) of the City; and WHEREAS, prior to the approval of any subdivision map or other construction in the Verdemont area, the City may require such future development within the City to mitigate such substantial environmental impacts pursuant to the California Environmental Quality Act 2004-107 ("CEQA", Public Resources Code Section 21000 et seg.), and Government Code Section 66474(e); and WHEREAS, the Landowner is seeking approval of the Proposed Development by the City; and WHEREAS, the City, subject to receipt of funds pursuant to this Agreement, intends to provide for payment for a portion of the operations and maintenance of fire protection and suppression services ("Fire Station Services") as authorized pursuant to Section 53313 of the Mello-Roos Community Facilities District Act of 1982, as amended (the "Act"), for the Proposed Development and intends to form, or has formed and intends to annex property to, a community facilities district ("CFD No. 1033"), and is amenable to including the Property, pursuant to the Act, in CFD No. 1033 in either "Formation" or "Annexation" proceedings, whichever is applicable, to pay for such Fire Station Services to serve the Proposed Development; and WHEREAS, the City and the Landowner intend that partial funding of Fire Station Services required to serve the development within the Property shall be provided on a timely basis by means of payment through CFD No. 1033 as provided in this Agreement. NOW, THEREFORE, in consideration of the terms and conditions herein set forth, the City and the Landowner DO HEREBY AGREE AS FOLLOWS: 1. Definitions. As used in this Agreement, all capitalized terms shall have the meanings set forth in Section A of Exhibit "C" or the following meanings, whichever is applicable: "Annexation" means (in the event that CFD No. 1033 has been formed) the annexation of the Property to CFD No. 1033 as provided under Section 53339 of the Act. "CFD No. 1033" means the community facilities district to be formed by the City pursuant to the Act and known by that name. "City"means the City of San Bernardino, California. "Completion of Annexation exation to CFD No. 1033" shall be deemed to have occurred upon the occurrence of the following: (i) the annexation of the Property (>f the Property is to be included in Annexation proceedings) to CFD No. 1033, including the authorization for the levy by CFD No. 1033 of the Special Taxes; (ii) the approval by the qualified electors of CFD No. 1033 of the levy of the Special Taxes; (iii) the expiration of the statute of limitations provided in Section 53359 of the Act, and (iv) the effective date of the first applicable validating legislation by the State of California. "Completion of Formation of CFD No. 1033" shall be deemed to have occurred upon the occurrence of the following: (i) the inclusion of the Property within CFD No. 1033 (if the Property is included in Formation proceedings), including the authorization for the levy 4821-6750-9248.1 2 2004-107 by CFD No. 1033 of the Special Taxes and (ii) the approval by the qualified electors of CFD No. 1033 of the levy of the Special Taxes, (iii), the expiration of the statute of limitations provided in Section 53359 of the Act, and (iv) the effective date of the first applicable validating legislation by the State of California. "Formation" means the establishment of CFD No. 1033 including the Property (in the event the Property is to be included in Formation proceedings) pursuant to the Act. "In-Lieu Fee" means a payment to be made as provided under Section 2.1 prior to the approval of each tentative or parcel map for residential development in the amount of $6,349.88 per dwelling unit, whether for a single family or a multi-family unit, and prior to the approval of each tentative or parcel map for commercial/retail/office/industrial zoning classifications in the amount of$44,358.47 per acre of development as set forth on a site plan of development, which amounts shall increase by an amount not to exceed 2% per Fiscal Year commencing July 1, 2004, and each July 1 thereafter through July 1, 2033. The amounts of the In-Lieu Fee shall not increase after July 1, 2034. "Project" means any project undertaken for the purpose of development involving the approval or issuance of any permit or entitlement for use by any governmental agency and includes all such permits and entitlements for use whether classified as quasi-legislative, quasi-judicial or ministerial in nature, including, but not limited to, the adoption, amendment, approval or issuance of any general plan, specific plan, master plan, zoning ordinance, tentative subdivision map, tentative parcel map, final subdivision map, final parcel map, variance, conditional use permit, site plan, plot plan, development plan, annexation, public utility connection, building permit and certificate of occupancy. "Fire Station Services" means operations and maintenance of fire suppression and protection facilities, to serve needs created by development within the boundaries of CFD No. 1033. "Special Tax" or "Special Taxes" means the Special Tax" as defined in Exhibit "C" including any whole or partial prepayment thereof as provided in Section F of Exhibit 4.C„ "State" means the State of California. 2. Mitigation of Fire Station Services. 2.1 Formation of/ Annexation to the Mello-Roos District. In consideration for the City providing Fire Station Services to serve the Property the Landowner agrees to participate and execute all documents requested by the City relative to the inclusion of the Property within CFD No. 1033 and the Special Taxes of CFD No. 1033 as described in Exhibit "C", in which event City agrees to include the Property in the Formation of, or Annexation to, CFD No. 1033, whichever is applicable, at the earliest practicable date. The inclusion of the Property in CFD No. ,1033 shall be on the basis of the parameters set forth in Exhibit "C" with respect to the Rate and 4821-6750-9248.1 3 2004-107 Method of Apportionment of the therein described Special Taxes. The Landowner, and its successors and assigns, shall be deemed to have fulfilled and mitigated their entire obligation to assist in paying for Fire Station Services to serve the development of the Property, so long as the provisions of this Agreement are complied with by the Landowner, upon the occurrence of the Formation of, or Annexation to, CFD No. 1033, or, in the event that the Landowner fails to participate with and execute all documents requested by the City relative to the inclusion of the Property in CFD No. 1033, then the Landowner shall be obligated to pay the In-Lieu Fee pursuant to the terms of this Agreement. The Landowner hereby acknowledges that there are certain costs associated with the inclusion of the Property in the Formation of CFD No. 1033 or the Annexation to CFD No. 1033 (whichever is applicable to the Property). In this regard the Landowner and the City agree that any costs relative to the Formation or Annexation, as applicable, proceedings shall be borne by the Landowner. Landowner specifically acknowledges that the cost to the City relative to such Formation or Annexation proceedings shall include, but shall not necessarily be limited to, costs of preparation of relevant documentation, recording fees, if any, reasonable engineering and attorneys fees, and similar and related costs. 2.2 Landowner Consent and Waivers. Landowner hereby requests that the Property be included, at the earliest possible date, in CFD No. 1033. Landowner hereby consents to the inclusion of the Property in CFD No. 1033 and to the levy and collection of the Special Tax for CFD No. 1033 and hereby waives any and all rights to challenge the Formation of, or Annexation to, CFD No. 1033, the proceedings to include the Property, the levy and collection of the Special Tax for CFD No. 1033 and any and all other proceedings related thereto. Landowner represents that it is the person legally entitled and authorized to cast the ballots attributable to the Property in the landowner, mailed-ballot election to be conducted within CFD No. 1033 to determine, among other things, whether certain land, including the Property, shall be included in CFD No. 1033 and shall be subject to the Special Tax. Landowner consents to the assessment of the Special Tax on the Property in the amount of$350.00 per parcel for Residential property per year and $2,445 per parcel for Commercial, Retail, Office or Industrial property per year(2004 Special Tax amounts, subject to adjustment in accordance with Section C.1 of the Rate and Method of Apportionment attached hereto as Exhibit"C") and waives the requirements for notice and hearing on the imposition of said Special Tax, and waives any and all minimum time periods relative to the election pursuant to Government Code Section 53326(a). Further, the Landowner hereby waives the following: 4821-6750-9248.1 4 2004-107 a) the preparation and distribution of an impartial analysis of the ballot measure, as well as arguments in favor and against, under the authority of Government Code Section 53327(b); b) the requirements regarding the time to mail ballots to the qualified electors under Elections Code Section 4101, and agrees that the Landowner or Landowner's designated representative may accept either mailed service or personal service of the ballots; c) the requirements regarding identification envelopes for the return of mailed ballots contained in Government Code Section 53327.5; d) any and all defects in notice or procedure in the conduct of the election, whether known or unknown (except the right to vote and to have the ballots fairly counted), and Landowner hereby further states that the election is being expedited, pursuant to this waiver and consent, at the particular instance and request of the Landowner. 2.3 Other Properties. In order to equalize treatment of landowners seeking to develop within the City boundaries, the City agrees to use its best efforts to enter into agreements comparable to this Agreement with the owners of other properties within the City in order to obtain financial commitments for Fire Station Services from them at least equal to that committed to by the Landowner hereby; provided, however, if, notwithstanding the use of such best efforts, the City is unable to enter into such agreements, such inability shall not constitute a breach of this Agreement. 2.4 Landowner's Covenant. The Landowner hereby covenants to the City that the Landowner shall provide, or.by contract with any developer or merchant builder of any part of the Property require to be provided, the "Notice of Special Tax" required by Section 53341.5 of the Act or any similar successor statute. The Landowner expressly acknowledges that the City and CFD No. 1033 shall have no duty or obligation and shall incur no liability, jointly or severally, with respect to the foregoing covenant of the Landowner. 2.5 Indemnification Regarding Disclosure. The Landowner shall assume the defense of, indemnify and hold harmless the City and CFD No. 1033 and each of their officers, employees and agents from and against any and all actions, damages, claims, losses, expenses or liability arising from, or related to, Landowner's covenant and obligation to disclose the Special Tax to property owners as provided in Section 53341.5 of the Act, or as amended in the future to the extent such information is furnished by the Landowner. 3. Binding on Community Facilities District. Upon the Completion of Formation of CFD No. 1033 (or Annexation to CFD No. 1033), CFD No. 1033 shall automatically become a party to this Agreement, and all provisions hereof which apply to the City shall also apply to CFD No. 1033. The Mayor and the Common Council of the City, acting as the legislative body 4821-6750-9248.1 5 2004-107 of CFD No. 1033, shall perform all parts of this Agreement which require performance on the part of CFD No. 1033. 4. General Provisions. 4.1 All of the covenants, stipulations, promises and agreements contained in this Agreement by or on behalf of, or for the benefit of, any of the parties hereto, shall bind and inure to the benefit of the successors of the respective parties. 4.2 Assignment. (a) No Separate Transfers. No sale, transfer or assignment of any right or interest under this Agreement shall be made unless made together with the sale, transfer or assignment of all or a part of the Property. (b) Notice and Assumption. Concurrent with any such sale, transfer or assignment, or within thirty (30) days thereafter, the Landowner shall notify the City, in writing, of such sale, transfer or assignment and shall provide City with an executed agreement, in a form reasonably acceptable to the City, by the purchaser, transfer or assignee by which the purchaser, transferee or assignee expressly and unconditionally assumes all duties and obligations of the Landowner in this Agreement with respect to the Property or part thereof conveyed. (c) Consequences of Non-Compliance. Any sale, transfer or assignment not made in strict compliance with paragraph (b) of this Section 4.2 shall constitute a default by the seller, transferor or assignor under this Agreement; provided, however, such default may be cured at any time by the purchaser, transferee, or assignee executing an agreement pursuant to paragraph (b) of this Section 4.2 and no such default shall affect the rights under this Agreement of any other owner of any part of the Property. Notwithstanding the failure of any purchaser, transferee or assignee, to execute the agreement required by paragraph (b) of this Section 4.2, the burdens of this Agreement shall be binding upon such purchaser, transferee or assignee, but the benefits of this Agreement shall not inure to such purchaser, transferee or assignee until and unless such agreement is executed. 4.3 Amendment and Waiver. This Agreement shall be amended only by a written instrument executed by the parties hereto or their respective successors and assigns. All waivers of this Agreement must be in writing and signed by the appropriate authorities of the parties hereto. 4.4 Severability. If any provision of this Agreement shall be held invalid, illegal or unenforceable by a court of competent jurisdiction, the validity, legality or enforceability of the remaining portions hereof shall not, in any way, be affected or impaired thereby. 4821-6750-9248.1 6 2004-107 4.5 Intearation. This Agreement supersedes any and all other agreements, either oral or in writing, between the parties with respect to the subject matter of this Agreement. 4.6 Notices. Demands and Communication. Formal notices, demands and communications between the City and the Landowner hereunder shall be sufficiently given if(i) personally delivered, (ii) mailed by registered or certified mail, postage prepaid, return receipt requested, or (iii) delivered by Federal Express or other reliable private express delivery service to the principal offices of the City or Landowner, as set forth below. Such written notices, demands and communications may be sent in the same manner to such other addresses as either party may from time to time designate by mail as provided in this Section. Such notices demands or communications shall be deemed received upon delivery if personally served, or upon the expiration of three (3)business days if given by other approved means as specified above: If to the City: City Hall 300 North "D"Street 6 1 Floor San Bernardino, California 92418 Attn: Deputy Director/City Planner With a copy to: Lewis Brisbois Bisgaard & Smith LLP 650 East Hospitality Lane, Suite 600 San Bernardino, California 92408 Attention: Timothy J. Sabo, Esq. If to the Landowner: 4.7 Attorneys' Fees. In any litigation arising out of the breach of this Agreement by any party, the prevailing party in such litigation, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to recover reasonable attorneys' fees and all other reasonable costs incurred in such litigation and allowed by the court. The costs, salary and expenses of the City Attorney, and members of his office, shall constitute attorneys fees for the purposes of this Agreement. 4.8 Interpretation. The terms of this Agreement, including all Exhibits hereto, shall not be construed for or against any party by reason of the authorship of this Agreement, but shall be construed in accordance with the meaning of the language used. The Section headings are for purposes of convenience only, and shall not be construed to limit or extend the meaning of this Agreement. 4.9 Force Majeure. The obligations of any party under this Agreement, and all deadlines by which any party's obligations hereunder must be performed, shall be excused or 'extended for a period of time equal to any prevention, delay or stoppage in performance which is 4821-6750-9248.1 7 2004-107 attributable to any strike, lock-out or other labor or industrial disturbance, civil disturbance, act of a public enemy, war, riot, sabotage, blockade, embargo, lightning, earthquake, fire, storm, hurricane, tornado, flood, explosion, court injunction, moratorium on any necessary public f utilities. 4.10 Recordation and Subordination. (a) Recordation. This Agreement or a notice describing the existence of this Agreement and the Property may be recorded by the Landowner or by the District. The parties hereby agree to execute such documents as may be needed to give such notice. (b) Subordination. Any existing monetary encumbrances or options in I favor of non-governmental agencies or entities shall be subordinated to this Agreement prior to City certifying to City the availability of the Fire Station Services for the Property. 4.11 Execution. This Agreement may be executed in several counterparts each of which shall be an original and all of which shall constitute but one and the same agreement. 4.12 Mutual Cooperation. Each party to this Agreement agrees to cooperate with the others, to act in good faith, to sign any other and further documents, and perform such other acts, as may be reasonably necessary or proper in order to accomplish the intent of this Agreement. No party shall do anything which shall have the effect of harming or injuring the right of any other party to receive the benefits of this Agreement. The parties shall refrain from doing anything which would render their performance under this Agreement impossible or impractical. 4.13. No Third Party Beneficiaries. This Agreement is made and entered into for the sole protection and benefit of the parties and their successors and assigns. No other person or entity shall have any right of action based on any provision of this Agreement. 4.14 Exhibits. All Exhibits attached hereto are incorporated into this Agreement by reference. 4821-6750-9248.1 R 2004-107 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written. By: APPROVED AS TO FORM: By: EXHIBIT A LEGAL DESCRIPTION 4821-6750-9248.1 9 2004-107 EXHIBIT B MAP OF PROPERTY 4821-6750-9248.1 10 2004-107 EXHIBIT C RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX COMMUNITY FACILITIES DISTRICT NO. 1033 CITY OF SAN BERNARDINO This Rate and Method of Apportionment of this Special Tax sets forth the special tax applicable to each Assessor's Parcel within Community Facilities District No. 1033 ("CFD No. 1033") of the City of San Bernardino ("City") to be levied and collected according to the special tax liability determined by the Common Council of the City, acting as the Legislative Body of CFD No. 1033. The applicable Special Tax shall be determined pursuant to the application of the appropriate amount or rate as described below. All Taxable Property within CFD No. 1033, unless exempted by law, or the provisions of Section E, below, shall be subject to the applicable Special Tax levied and collected to the extent and in the manner herein provided. This Rate and Method of Apportionment also is provided as an explanation to allow landowners or residents within CFD No. 1033 to estimate the Special Tax to be annually levied and collected, or prepaid, as the case may be, with regard to property within CFD No. 1033. A. Definitions "Act" means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5 (commencing with Section 53311) of Division 2 of Title 5 of the California Government Code. "Administrative Expense" means any costs incurred by the City on behalf of CFD No. 1033 related to the determination of the amount of the annual levy of the Special Tax, the collection of the Special Tax, the administration of the Bonds of CFD No. 1033, and the other costs incurred in order to carry out the authorized purposes of CFD No. 1033. "Special Tax" means the special tax to be levied in each Fiscal Year pursuant to Sections C. and D. on each Assessor's Parcel for a period not to exceed 30 years including the Initial Fiscal Year. "Assessor's Parcel" means a parcel of land as designated on an official map of the San Bernardino County Assessor which has been assigned a discrete identifying parcel number. "Commercial/Retail/Office/Industrial Property" means property zoned for commercial, retail, office or industrial uses or other non-residential uses. "Common Council"means the Common Council of the City of San Bernardino. 4821-6750-9248.1 11 2004-107 "Residential Property" means for any Fiscal year all Taxable Property for which a foundation building permit for single family or multi-family units was issued prior to May 1 preceding the Fiscal Year in which the Special Tax is being levied. "Facilities' means the Fire Station Services as may be identified in the Community Facilities District Engineer's Report prepared for CFD No. 1033 on file in the Office of the City Clerk, or the continued operation and maintenance of the Verdemont Fire Station, including but not limited to payment of compensation of employees, including salaries and benefits, maintenance and operation of fire safety vehicles and the fire station structures, any other expenses required to keep the such equipment and improvements in fit operating condition and any incidental expenses (collectively, the "O&M Expenses") to be financed by CFD No. 1033 pursuant to the Act. "Fiscal Year"means the period starting on July 1 st and ending the following June 30th. "In-Lieu Fee" means a one-time fee, which fee shall be deposited into an interest bearing reserve account for future O&M Expenses in the following amounts and for which a further explanation of the In-Lieu Fee will be described in an estimated cost report: Residential Zone $6,349.88 per residential dwelling unit as an In-Lieu Fee Commercial, Retail, Office Zone $44,358.47 per acre of development as set forth on a site plan of development as an In-Lieu Fee Industrial Zone $44,358.47 per acre of development as set forth on a site plan of development as an In-Lieu Fee "Land Use Class" means any of the classes of Property listed in Table 1 and Table 2, below. "Project" means any project undertaken for the purpose of development involving the approval or issuance of any permit or entitlement for use by any governmental agency and includes all such permits and entitlements for use whether classified as quasi-legislative, quasi-judicial or ministerial in nature, including, but not limited to, the adoption, amendment, approval or issuance of any general plan, specific plan, master plan, zoning ordinance, tentative subdivision map, tentative parcel map, final subdivision map, final parcel map, variance, conditional use permit, site plan, plot plan, development plan, annexation, public utility connection, building permit and certificate of occupancy. "Taxable Property" means all Assessor's Parcels within the boundaries of CFD No. 1033 which are not exempt from the Special Tax pursuant to the Act and the provisions of Section E. herein. 4821-6750-9248.1 12 2004-107 B. Assignment to Land Use Classes As soon as practicable, as of May 1 for the next succeeding Fiscal Year, all Taxable Property within CFD No. 1033 shall be categorized as Residential Property or either Commercial/Retail/Office/Industrial Zone Property. Taxable Property shall be subject to a Special Tax pursuant to Sections C. and D. below. C. Special Tax 1. Residential Property The Special Tax for each Assessor's Parcel classified as Residential Property shall be the amount determined by reference to Table 1 and the paragraphs that follow Table 1. Table 1 Special Tax Rates for Residential Property (For the Fiscal Year 2004-05) Special Land Use Class Land Use Description Tax Per Unit (2004-05) 1 Single Family Detached Unit $350.00 2 Multi-Family Unit/Attached Dwelling Unit $350.00 In determining the Special Tax which may be levied in any Fiscal Year, on July 1, 2004, and on each July 1 thereafter, the Special Tax shall be increased by an amount not to exceed 2 % of the amount in effect for the previous Fiscal Year, until July 1, 2034. After July 1, 2034, no further escalation of the Special Tax shall occur. 2. Commercial[Retail/Office/Industrial Zone Property The Special Tax for each Assessor's Parcel classified as either Commercial, Retail, Office, or Industrial Zone Property shall be the amount determined by reference to Table 2 and the paragraphs that follow Table 2. Table 2 Special Tax Rates for CommerciaURetail/Office/Industrial Zone Property (For the Fiscal Year 2004-05) Special Land Use Class Land Use Description Tax Per Acre (2004-05) 4821-6750-9248.1 13 2004-107 3 Commercial $2,445.00 4 Retail $2,445.00 5 Office $2,445.00 6 Industrial $2,445.00 In determining the Special Tax which may be levied in any Fiscal Year, on July 1, 2004, and on each July 1 thereafter, the Special Tax shall be increased by an amount not to exceed 2 % of the amount in effect for the previous Fiscal Year, until July 1, 2034. After July 1, 2034, no further escalation of the Special Tax shall occur. D. Method of Apportionment of the Special Tax Commencing with Fiscal year 2004-05, and each Fiscal Year thereafter, the Council shall determine the Special Tax to be collected from Taxable Property in CFD No. 1033. The Council may levy the Special Tax on all Assessor's Parcels of Development Property by levying the Special Tax for Land Use Classes 1, 2, 3, 4, 5 and 6. E. Limitations The Council shall not levy a Special Tax on properties owned by the State of California, federal or other local governments, except as otherwise provided in Sections 53317.3 and 53317.5 of the Act. Property which becomes the property of the State of California, the federal government or other public agency is liable for the Special Tax levied in the Fiscal Year during which such transfer occurs and will be subject to the Special Tax in each Fiscal Year thereafter under the original Land Use Class for such Assessor's Parcel. Such Assessor's Parcel may be exempted, at the direction, and in the discretion, of the Council in any Fiscal Year. F. Prepayment of the Special Tax Any owner of property within CFD No. 1033 may discharge the Special Tax obligation in full or in part, by making payment pursuant to the applicable Sections F. 1. or F. 2 as follows: 1. Upon the Approval of a Tentative or Parcel Map At the time of approval of a tentative or parcel map, the owner of such residential unit may prepay the Special Tax in full or in part by making a cash payment to CFD No. 1033, in which case the Special Tax for the Initial Fiscal Year, and each Fiscal Year thereafter, shall be reduced according to the following steps: a. Determine the maximum prepayment if the owner were to prepay the Special Tax in entirety. For Projects approved prior to July 1, 2005, the 4821-6750-9248.1 14 2004-107 maximum prepayment for each residential unit is $6,439.88 and for each acre of development as set forth on a site plan of development for Commercial/Retail/Office or Industrial zone property is $44,358.47. For Projects approved on or subsequent to July 1, 2005, the maximum prepayment shall increase by an amount not to exceed 2% per annum, commencing July 1, 2005, and each July 1 thereafter until July 1, 2034, upon which date the maximum prepayment shall be fixed and shall not thereafter increase. b. Determine the property's revised Special Tax by multiplying the property's applicable Special Tax for the Initial Fiscal Year determined pursuant to Section C. 1. by one minus the quotient obtained by dividing the cash payment made by the owner pursuant to this Section F. 1 .b. by the maximum prepayment obligation determined pursuant to Section F. 1 .a. The property's revised Special Tax for the Initial Fiscal Year, and each Fiscal Year thereafter, shall be the Special Tax for the applicable land use designation (Residential or Commercial/Retail/Office/Industrial zone Property) for purposes of Sections C. and D. herein. 2. After the Approval of the Tentative Map/Parcel Map After the time a tentative or parcel map has been approved, and prior to May 1 for the next succeeding Fiscal Year, the owner of such parcel may prepay the Special Tax in full or in part by making a cash payment to CFD No. 1033, in which case the Special Tax for the applicable Fiscal Year, and each Fiscal Year thereafter, shall be reduced according to the following steps: a. Compute the present value of the Special Tax using a period equal to the lesser of the remaining term for which the Special Tax may be levied on such parcel; then b. Multiply the amount determined in Section F.2.a; above, by the owner's desired prepayment percentage (which shall be a minimum of twenty percent (20%) of the present value of the total Special Tax) to determine the prepayment amount subject to additional adjustments as specified below; then C. Add the following to the result of Section F.2.b.: i) Unpaid special taxes, interest and penalties, if any, which have been entered on the Assessor's tax roll; and iv) a$75 administrative charge per Assessor Parcel. 4821-6750-9248.1 15 2004-107 d. The Special Tax applicable to property utilizing a prepayment percentage less than 100% percent shall be revised in the Fiscal Year following the date of prepayment by multiplying such property's Special Tax by the prepayment percentage actually determined in Section F.2.b. Such property's revised Special Tax for the Fiscal Year following the date of prepayment, and each Fiscal Year thereafter, shall be the Special Tax for such property for purposes of Sections C. and D. herein. In addition, the Special Tax and the In-Lieu Fee shall be recalculated annually to reflect (1) any changes in the O&M Expenses, (ii) the annexation of additional property into the District, (iii) the payment of the O&M Expenses, or any portion thereof, with funds other than the Tax, (iv) the amount of In-Lieu Fees available to be applied for the applicable for which the calculation is being made, and (v) any other changes which may affect the estimated O&M Expenses for such year, except that in no event shall the In-Lieu Fee be increased by more than 2% per year nor shall the Tax be increased by more than 2%per year, based upon a cost inflation formula to be continued in the Estimated Cost Report and the Engineer's Report and made a part of the formation documents for the District, from the previous year for any property located within the District that was previously assessed and charged with the Tax in the immediately preceding year; and G. Manner of Collection The Special Tax will be collected in the same manner and at the same time as ordinary ad valorem real property taxes. The Special Tax shall be subject to the same penalties and the same procedure, sale and lien priority in case of a delinquency as provided for with ad valorem taxes. The collection of the Special Tax shall otherwise be subject to the provisions of the Act. The Common Council reserves the power to provide for alternative means of collection of special taxes as permitted by the Act. H. Termination of Special Tax Levy Provided that Special Taxes previously levied on an Assessor's Parcel are not delinquent, the lien of special taxes of CFD No. 1033 shall terminate as to such Assessor's Parcel at the close of the thirtieth (30) Fiscal Year following the beginning of the Initial Fiscal Year for such Assessor's Parcel. Furthermore, provided an owner within CFD No. 1033 fully and completely discharges their special tax obligation pursuant to Sections F.1 and/or F.2, the lien of special taxes of CFD No. 1033 shall terminate. Pursuant to Section 53330.5 of the Act, the Council shall, upon written request, cause to be recorded in the official records of San Bernardino County a Notice of Cessation of Special Tax Lien for each Assessor's Parcel upon termination of the lien on such Assessor's Parcel. I. Review/Appeal Board 4821-6750-9248.1 16 2004-107 I The Council shall establish, as part of the proceedings and administration of CFD No. 1033, a special Review/Appeal Board. Any landowner who feels that the amount of the Special Tax, as to their Assessor's Parcel, is in error may file a notice with the Review/Appeal Board appealing the amount of the levy. The Review/Appeal Board shall interpret this Rate and Method of Apportionment of the Special Tax and make determinations relative to the annual administration of the special tax and any landowner appeals, as herein specified. I I I I I 4821-6750-9248.1 17 2004-107 STATE OF CALIFORNIA ) ss. COUNTY OF SAN BERNARDINO ) On , before me, personally appeared (here insert name and title of the officer) personally known to be (or proved to me on the basis of satisfactory evidence) to be the person)s) known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon of which the person(s) acted, executed the Instrument. WITNESS my hand and official seal. Signature Notary Public 4821-6750-9248.1 1 g 2004-107 STATE OF CALIFORNIA ) ss. COUNTY OF SAN BERNARDINO ) On , before me, personally appeared (here insert name and title of the officer) personally known to be (or proved to me on the basis of satisfactory evidence) to be the person)s) known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature Notary Public I 4821-6750-9248.1 19 SECTION 5 Resolution No. 2004- 104 ur 1 RESOLUTION NO. 2004-104 2 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY 3 OF SAN BERNARDINO DECLARING INTENTION TO ESTABLISH A COMMUNITY FACILITIES DISTRICT FOR NEW DEVELOPMENT FOR 4 THE ONGOING OPERATION AND MAINTENANCE OF A FIRE STATION FOR THE VERDEMONT AREA AND TO LEVY A SPECIAL TAX WITHIN 5 SAID COMMUNITY FACILITIES DISTRICT, SETTING A PUBLIC HEARING 6 THEREON AND AUTHORIZING THE PUBLICATION AND MAILING OF NOTICE THEREOF (COMMUNITY FACILITIES DISTRICT NO. 1033), AND 7 REPEALING RESOLUTION NO. 2003-361. 8 WHEREAS, the City of San Bernardino, California (the "City"), is a municipal corporation and charter city, duly organized and existing pursuant to the provisions of 9 the Constitution of the State of California; and 10 WHEREAS, currently areas within the Verdemont Area of the City 11 ("Verdemont Area"), generally within the City boundaries located north and northwesterly of University Parkway to the Devore Road exit on the I-215 Freeway, are 12 not provided with adequate fire and safety protection in light of the recent fires which ravished the City, and new development within the City will cause substantial 13 environmental impacts; and 14 WHEREAS, it is in the best interest of the City to provide additional fire and 15 safet rotection rior to an new development as well as provide or a guaranteed means to pay or such ongoing protection; an 16 WHEREAS, on December 15, 2003, the City approved Resolution No. 2003- 17 361, which authorized the initiation of proceedings for the formation of a community 18 facilities district for the ongoing operation and maintenance of a fire station to serve future development within the City; and 19 WHEREAS, in the public interest, convenience and necessity it is the intention 20 of the Mayor and Common Council to order the establishment of a community facilities 21 district pursuant to the terms and provisions of California Government Code Section 53311 et seq., sometimes commonly referred to as the "Mello-Roos Community 22 Facilities District Act" (the "Act"), which community facilities district shall be known as Community Facilities District No. 1033, City of San Bernardino, California ("CFD 23 No. 1033"), and to levy and collect assessments on new development within CFD No. 1033; and 24 25 WHEREAS, in compliance with Public Resources Code Section 21000 et. seq., the California Environmental Quality Act ("CEQA"), the City may mitigate such 26 significant adverse economic impacts, including the continuing maintenance and operation of a fire station within CFD No. 1033, by requiring developers to pay a 27 mitigation fee; and 21 2004-104 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DECLARING INTENTION TO ESTABLISH A 1 COMMUNITY FACILITIES DISTRICT FOR NEW DEVELOPMENT FOR THE ONGOING OPERATION AND MAINTENANCE OF A FIRE STATION 2 FOR THE VERDEMONT AREA AND TO LEVY A SPECIAL TAX WITHIN 3 SAID COMMUNITY FACILITIES DISTRICT, SETTING A PUBLIC HEARING THEREON AND AUTHORIZING THE PUBLICATION AND MAILING OF 4 NOTICE THEREOF(COMMUNITY FACILITIES DISTRICT NO. 1033) 5 WHEREAS, prior to the approval of any certificate of occupancy for such new development, the City may require such future development within the City to mitigate 6 such substantial environmental impacts pursuant to Government Code Section 7 66474(e); and WHEREAS, the City has considered and adopted local goals and policies g relative to the use of community facilities districts in accordance with Section 53312.7 the Act, and such goals and policies are on file with and available from the City Clerk; _9 and 10 POO WHEREAS, proposed CFD No. 1033 anticipates that only properties with new 11 development shall be eligible for inclusion within CFD No. 1033 which are located within the Verdemont Area, and including such other properties with new development 12 that are anticipated to be annexed into the City at a later date, in addition to those precise properties intended to be included within the initial formation of CFD No. 1033 13 for which a diagram is attached hereto as Exhibit "A", where such diagram sets forth the precise exterior boundaries of the initial scope of CFD No. 1033; and 14 15 WHEREAS, the Verdemont Fire Station shall be located at the intersection of Kendall Drive and Palm Avenue and is presently intended to be constructed with the 16 proceeds of a State of California Infrastructure Bank financing in the principal amount in excess of $2,000,000 to be repaid from funds collected upon payment of the 17 Verdemont Area Infrastructure Fee by new development within the Verdemont Area 18 pursuant to Municipal Code Section 15.73, et seq., and from other funds of the City to the extent necessary, and such Verdemont Fire Station will be operated and maintained 19 to service the fire and safety needs of properties both within the Verdemont Area of the City and CFD No. 1033; and 20 21 WHEREAS, the new development that is anticipated to occur in the Verdemont Area has created the need for the construction of the Verdemont Fire Station to allow 22 for the continued development within the Verdemont Area and to meet the additional service demands that will be placed upon the City to provide a continued fire protection 23 service within the Verdemont Area as such new development continues to occur in areas northerly of existing fire station service areas, and that such new development in 24 the Verdemont Area, and not existing development, shall be required to pay for the 25 costs of the operations and maintenance of the Verdemont Fire Station; and 26 WHEREAS, the proposed assessment or special tax (the "Tax") shall be used and applied for the continued operation and maintenance of the Verdemont Fire Station, 27 including but not limited to payment of compensation of employees, including salaries and benefits, maintenance and operation of fire safety vehicles and the fire station 28 4821-2602-24W 1 2 2004-104 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DECLARING INTENTION TO ESTABLISH A 1 COMMUNITY FACILITIES DISTRICT FOR NEW DEVELOPMENT FOR THE ONGOING OPERATION AND MAINTENANCE OF A FIRE STATION 2 FOR THE VERDEMONT AREA AND TO LEVY A SPECIAL TAX WITHIN 3 SAID COMMUNITY FACILITIES DISTRICT, SETTING A PUBLIC HEARING THEREON AND AUTHORIZING THE PUBLICATION AND MAILING OF 4 NOTICE THEREOF (COMMUNITY FACILITIES DISTRICT NO. 1033) 5 structures, any other expenses required to keep the such equipment and improvements in fit operating condition and any incidental expenses (collectively, the "O&M 6 Expenses"); and 7 WHEREAS, except to the extent funds are otherwise available to pay the entire 8 amount of the O&M Expenses, the Tax shall be levied upon the properties within CFD No. 1033 not to exceed the annual ma imum permitted amounts to a a ortion of the 9 O&M Expenses as may a determined by the Mayor and Common Council, an such Tax will be secured by recordation of a continuing lien against those properties that are 10 voluntarily included in CFD No. 1033 by the applicable property owner as nonexempt 11 real property in CFD No. 1033, which Tax will be annually levied solely within CFD No. 1033 boundaries as the same may exist from year to year; and 12 WHEREAS, CFD No. 1033 shall be divided into zones depending upon the type 13 of use of the land as may be recommended by the City Engineer in the Engineer's 14 Report described herein; and 15 WHEREAS, pursuant to the estimated project cost report as shall be made available from the City Engineer prior to the time of the formation of CFD No. 1033 16 setting forth projected costs, expenses and assessments for CFD No. 1033 for the initial year of operation of the Verdemont Fire Station (the "Estimated Cost Report"), it is 17 presently estimated that the cost for the first year of O&M Expenses is $1,525,000 and 18 for which the Tax shall be assessed against all real property as may then be placed within the boundaries of CFD No. 1033 in the following manner: 19 (a) Residential Zone: . $350.00 per 20 dwelling unit per year whether single family or multi-family unit and such rate shall be subject to an increase not to exceed 2% annually; 21 22 (b) Commercial, Retail, Office Zone: $2,445.00 per acre per year of development area as set forth in the site plan or parcel map, and such 23 rate shall be subject to an increase not to exceed 2% annually; 24 (c) Industrial Zone: $2,445.00 per acre per year of development area as set forth in the site plan or parcel map, and such 25 rate shall be subject to an increase not to exceed 2% annually; and 26 WHEREAS, if during the first year or any year thereafter the Tax generates 27 sufficient funds to pay for the entire O&M Expenses and any portion of the O&M Expenses are paid from sources other than the Taxes, the amount of such portion paid 28 4821-2602-2400.1 3 2004-104 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DECLARING INTENTION TO ESTABLISH A 1 O COMMUNITY FACILITIES DISTRICT FOR NEW DEVELOPMENT MENT F OR THE ONGOING O G OPERATION AND MAINTENANCE OF A FIRE STATION 2 FOR THE VERDEMONT AREA AND TO LEVY A SPECIAL TAX WITHIN SAID COMMUNITY FACILITIES DISTRICT, SETTING A PUBLIC HEARING 3 THEREON AND AUTHORIZING THE PUBLICATION AND MAILING OF 4 NOTICE THEREOF (COMMUNITY FACILITIES DISTRICT NO. 1033) 5 Expenses are paid from sources other than the Taxes, the amount of such portion paid from other sources of funds shall first be deducted from the total estimated O&M 6 Expenses and the Tax as levied shall be reduced to include only the remainder of the 7 O&M Expenses, as applicable; and 8 WHEREAS, it is anticipated that the Cit General Fund will be required to [developed;bsidize a significant ortion of the O& -Expenses o t e er emon ire Station as a 9 result o e number o t e existing dwelling units and other existing commercial and ustrial development that will be served by the Verdemont Fire Station which 10 perties will not be included in CFD No. 1033 and for which there is no effective ans to collect the Tax from such properties that have previously been fully 11 and 12 WHEREAS, in lieu of paying the Tax annually, a property owner seeking to 13 develop a parcel within CFD No. 1033 may pay a one time fee (the "In-Lieu Fee") which fee shall be deposited into an interest bearing reserve account for future O&M 14 Expenses in the following amounts and for which a further explanation of the In-Lieu 15 Fee will be described in the Estimated Cost Report: 16 Residential Zone $6,349.88 per residential dwelling unit an In-Lieu Fee 17 Commercial, Retail, Office Zone $44,358.47 per acre of 18 development as set forth on a site plan of development as an In-Lieu Fee 19 Industrial Zone $44,358.47 per acre of 20 development as set forth on a site plan of development as an In-Lieu Fee 21 WHEREAS, the Tax and the In-Lieu Fee shall be recalculated annually to _ reflect (i) any changes in the O&M Expenses, (ii) the annexation of additional property 22 into CFD No. 1033, (iii) the payment of the O&M Expenses, or any portion thereof, 23 With funds other than the Tax, (iv) the amount of In-Lieu Fees available to be applied for the applicable property for which the calculation is being made, and (v) any other 24 changes which may affect the estimated O&M Expenses for such year, except that in no event shall the In-Lieu Fee be increased by more than 2% per year nor shall the Tax be 25 increased by more than 2% per year, based upon a cost inflation formula to be computed in the Estimated Cost Report and the Engineer's Report and made a part of 26 the formation documents for CFD No. 1033, from the previous year for any property 27 located within CFD No. 1033 that was previously assessed and charged with the Tax in the immediately preceding year; and 28 4821-2602-2400.1 4 2004-104 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DECLARING INTENTION TO ESTABLISH A 1 COMMUNITY FACILITIES DISTRICT FOR NEW DEVELOPMENT FOR THE ONGOING OPERATION AND MAINTENANCE OF A FIRE STATION 2 FOR THE VERDEMONT AREA AND TO LEVY A SPECIAL TAX WITHIN SAID COMMUNITY FACILITIES DISTRICT, SETTING A PUBLIC HEARING 3 THEREON AND AUTHORIZING THE PUBLICATION AND MAILING OF 4 NOTICE THEREOF(COMMUNITY FACILITIES DISTRICT NO. 1033) 5 WHEREAS, in no event shall the Tax be increased in excess of the annual 2% amount whether as a consequence of any delinquency or default by the owner of any 6 other parcels within CFD No. 1033 or due to the application of a annual inflationary 7 cost adjustment formula; and 8 WHEREAS, in no event shall the Tax against any parcel be increased as a consequence of any delinquency or default by the owner of any other parcel or parcels; 9 and 10 WHEREAS, upon adoption of this Resolution of Intention the Mayor and Il Common Council shall direct the City Administrator and the City Engineer to cause to be prepared an Engineer's Report which shall include the following studies and 12 findings: 13 (a) complete a study of proposed CFD No. 1033 and for which there shall be filed an Engineer's Report with the Mayor and Common Council prior to the time of the 14 public hearing setting forth the findings made therein; 15 (b) the Engineer's Report shall include a brief description of the services and 16 maintenance of public facilities and the operating costs thereof which will be provided within CFD No. 1033 which shall be the estimated O&M Expenses and which will be 17 incurred as a result of providing the services which will, in the opinion of the City officials preparing such Engineer's Report, be required to adequately meet the needs of 18 CFD No. 1033 for the next five (5) years; 19 (c) the Engineer's Report shall include an estimate of the cost of providing 20 for the O&M Expenses for the first five (5) years for each zone within CFD No. 1033, including a brief explanation justifying the amount of the Tax for each zone type and 21 any increase or decrease thereof in subsequent years as well as the estimated In-Lieu Fee that may be generated for each zone for all years evaluated in the Engineer's 22 Report; and 23 WHEREAS, in the event a Resolution of Formation is adopted pursuant to the 24 procedures set forth in the Act, then not less than 90 days nor more than 180 days from the adoption of such Resolution of Formation, a special election of the qualified electors 25 of proposed CFD No. 1033 consisting of the vacant land intended to be initially placed 26 within CFD No. 1033 shall be held and the City Clerk shall prepare and distribute ballots in accordance with Government Code Section 53326; and 27 28 4821-2602-2400.1 5 2004-104 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DECLARING INTENTION TO ESTABLISH A 1 COMMUNITY FACILITIES DISTRICT FOR NEW DEVELOPMENT FOR THE ONGOING OPERATION AND MAINTENANCE OF A FIRE STATION 2 FOR THE VERDEMONT AREA AND TO LEVY A SPECIAL TAX WITHIN 3 SAID COMMUNITY FACILITIES DISTRICT, SETTING A PUBLIC HEARING THEREON AND AUTHORIZING THE PUBLICATION AND MAILING OF 4 NOTICE THEREOF(COMMUNITY FACILITIES DISTRICT NO. 1033) 5 WHEREAS, the Tax shall continue until the earlier to occur of (i) the City records a Notice of Cessation of Special Tax pursuant to Section 53330.5 of the 6 Government Code or (ii) the fiscal tax year ending June 30, 2034, after which no further 7 Special Tax shall be collected, except for a Special Tax that was levied prior to the final tax year that remains delinquent which may be collected in subsequent years. 8 NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED 9 BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, AS FOLLOWS: 10 11 Section 1. The above Recitals are true and correct in all respects and are incorporated herein by reference. 12 Section 2. The Mayor and Common Council hereby intend to establish a 13 community facilities district and to levy and collect special taxes within Community Facilities District No. 1033 in accordance with Government Code Section 53311, et 14 seq., which provides for the formation of a Mello-Ross community facilities district for 15 the maintenance and operation of the Verdemont Fire Station. 16 Section 3. In accordance with Government Code Section 53321 the name of the proposed community facilities district shall be known and designated as 17 "Community Facilities District No. 1033". 18 Section 4. It is the intention of the City Council to provide for the purchase, 19 construction, expansion or rehabilitation of certain real or other tangible property with an estimated useful life of five (5) years or longer, which is necessary to provide a 20 continued fire protection service within the Verdemont Area as new development continues to occur in areas northerly of existing fire station service areas, and that such 21 new development in the Verdemont Area, and not existing development, shall be 22 required to pay for the costs of the operations and maintenance of the Verdemont Fire 'Station. 23 Section 5. The Mayor and Common Council hereby find and determine that all 24 of the parcels of land within the boundaries of proposed CFD No. 1033 will be 25 benefited by the public facilities and services herein proposed. 26 Section 6. Notice is hereby given that, in the opinion of the Mayor and Common Council, the public interest will not be served by allowing the property 27 owners to enter into a contract for the construction of public facilities and improvements, as otherwise permitted by Government Code Section 53329.5. 28 4821-2602-2400.1 6 2004-104 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DECLARING INTENTION TO ESTABLISH A 1 COMMUNITY FACILITIES DISTRICT FOR NEW DEVELOPMENT FOR THE ONGOING OPERATION AND MAINTENANCE OF A FIRE STATION 2 FOR THE VERDEMONT AREA AND TO LEVY A SPECIAL TAX WITHIN SAID COMMUNITY FACILITIES DISTRICT, SETTING A PUBLIC HEARING 3 THEREON AND AUTHORIZING THE PUBLICATION AND MAILING OF 4 NOTICE THEREOF (COMMUNITY FACILITIES DISTRICT NO. 1033) 5 extent of the territory included in proposed CFD No. 1033 and which shall govern for all details as to the extent of CFD No. 1033, reference to such map being hereby made 6 for particulars. Said map contains the name of the City of San Bernardino and a 7 distinctive designation in words or by number of the district shown thereon. 8 Section 12. The City Clerk shall endorse certificates on the original and at least one copy of said map evidencing the aforesaid filing and the date and adoption of this 9 Resolution, and within fifteen (15) days prior to said hearing, shall file a copy thereof with the County Recorder of the County of San Bernardino,in which County all of said 10 proposed CFD No. 1033 is located. The County Recorder shall endorse on said copy of 11 said map the time and date of filing and shall fasten the same securely in a book of maps of assessment and community facilities districts which he or she shall keep in his 12 or her office, and index such map by the name of the City of San Bernardino and by the distinctive designation of the district as shown on such map. 13 Section 13. The adoption of this Resolution is not a project for purposes of 14 the California Environmental Quality Act ("CEQA"), pursuant to Kaufman and Broad- 15 South Bay, Inc. v. Morgan Hill Unified School District (1992) 9 Cal.AppAth 464. 16 Section 14. It is the intention of the Mayor and the Common Council to establish an appropriations limit for proposed CFD No. 1033 pursuant to Government 17 Code Section 53325.7. 18 Section 15. Resolution No. 2003-361 is hereby repealed upon adoption of this 19 Resolution. 20 Section 16. This Resolution shall take effect upon adoption. 21 Section 17. The City Clerk shall certify as to the adoption of this Resolution and shall cause the same to be processed in the manner required by law. 23 Section 18. The Mayor and Common Council acknowledge that within the service area of the Verdemont Fire Station are located existing developments for which 24 the City General Fund will be responsible for the payment of the costs of the operations of the Verdemont Fire Station for such existing developments, and that it has been 25 represented to the Mayor and Common Council, and subject to verification in the 26 Engineer's Report to be submitted prior to the public hearing, that all new develo 9 ment reasonably anticipated to occur within the service area of the Verdemont Fire Station - 27 will be the sole factor crea and fort er t at t e provisions of CFD No. 1033 and the levy of the Tax or the payment of 28 4821-2602-24K 1 8 2004-104 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DECLARING INTENTION TO ESTABLISH A 1 COMMUNITY FACILITIES DISTRICT FOR NEW DEVELOPMENT FOR THE ONGOING OPERATION AND MAINTENANCE OF A FIRE STATION 2 FOR THE VERDEMONT AREA AND TO LEVY A SPECIAL TAX WITHIN SAID COMMUNITY FACILITIES DISTRICT, SETTING A PUBLIC HEARING 3 THEREON AND AUTHORIZING THE PUBLICATION AND MAILING OF 4 NOTICE THEREOF(COMMUNITY FACILITIES DISTRICT NO. 1033) 5 the In-Lieu Fee a 1 s new develo m t and not to any existing development within the service area of the Ver emont Fire Station. 6 7 8 9 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4821-2602-2400.1 9 2004-104 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DECLARING INTENTION TO ESTABLISH A 1 COMMUNITY FACILITIES DISTRICT FOR NEW DEVELOPMENT FOR THE ONGOING OPERATION AND MAINTENANCE OF A FIRE STATION 2 FOR THE VERDEMONT AREA AND TO LEVY A SPECIAL TAX WITHIN 3 SAID COMMUNITY FACILITIES DISTRICT, SETTING A PUBLIC HEARING THEREON AND AUTHORIZING THE PUBLICATION AND MAILING OF 4 NOTICE THEREOF(COMMUNITY FACILITIES DISTRICT NO. 1033) 5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a 6 ioint regular meeting thereof, held on the 19th day of April , 2004, by the following vote, to wit: 8 j Council Members: AYES NAYS ABSTAIN ABSENT 9 ESTRADA x 10 LONGVILLE x 11 MCGINNIS x 12 DERRY x 13 KELLEY x 14 JOHNSON x McCAMMACK x 15 16 17 ity Clerk 18 The foregoing resolution is hereby approved this ':?—I day of 19 April , 2004. 20 21 ......... 22 :'Judith Valles, Mayor City of San Bernardino 23 Approved as to 24 Form and legal content: 25 JAMES F. ENMAN, City At ey 26 By: ., 27 28 4821-2602-2400.1 10 2004-104 1 EXHIBIT "A" 2 PROPOSED BOUNDARIES OF COMMUNITY FACILITIES DISTRICT 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EXHIBIT "A" COMM UMW FACLnxs DM7R= NM 1033 VOWWW F�1�oN IN THE CITY OF SAN OMARDMO COUNTY OF SAW BERNARDINO. STATE OF CAUFORNIA PARCEL NO_ OMINER Qt CITY OF SAN BERNARDINO (PREVIOUS OWNER JAPE C. RICE) © CITY OF SAN BERNARDINO © TENTATIVE TRACT 15940 YONICA moRROW, ET AL * 04 TENTATIVE TRACT 16437 COVENANT/OASIS SAN BERNARDWO, LLC NMI JD i a 1 1 O � 11ClfIY 1Mr • i e 0 � NO � ? � • — s -_- TT 150 — �' 16437 ' L OIWA NAIL err 2004-104 1 EXHIBIT"B" 2 FORM OF NOTICE OF HEARING 3 NOTICE IS GIVEN THAT ON JUNE 7, 2004, AT THE HOUR OF 4:00 P.M., IN THE REGULAR MEETING PLACE OF THE COMMON COUNCIL, BEING THE 4 COUNCIL CHAMBERS, CITY HALL, 300 NORTH "D" STREET, SAN BERNARDINO, CALIFORNIA 92418, A PUBLIC HEARING WILL BE HELD 5 WHERE THIS LEGISLATIVE BODY WILL CONSIDER THE ESTABLISHMENT 6 OF THE PROPOSED COMMUNITY FACILITIES DISTRICT, THE LEVY OF A SPECIAL TAX IN CONNECTION THEREWITH, THE PROPOSED RATE AND 7 METHOD OF APPORTIONMENT OF THE SPECIAL TAX AND ALL OTHER MATTERS AS SET FORTH IN THIS RESOLUTION OF INTENTION, AND THAT 8 AT THE ABOVE-MENTIONED TIME AND PLACE FOR PUBLIC HEARING, 9 ANY PERSONS INTERESTED, INCLUDING TAXPAYERS, PROPERTY OWNERS AND REGISTERED VOTERS, MAY APPEAR AND BE HEARD, AND THAT THE 10 TESTIMONY OF ALL INTERESTED PERSONS FOR OR AGAINST THE ESTABLISHMENT OF CFD NO. 1033, THE EXTENT OF CFD NO. 1033 OR THE 11 FURNISHING OF THE SERVICES AND FACILITIES, WILL BE HEARD AND CONSIDERED. ANY PROTESTS MAY BE MADE ORALLY OR IN WRITING. 12 HOWEVER, ANY PROTESTS PERTAINING TO THE REGULARITY OR 13 SUFFICIENCY OF THE PROCEEDINGS SHALL BE IN WRITING AND CLEARLY SET FORTH IN THE IRREGULARITIES AND DEFECTS TO WHICH 14 THE OBJECTION IS MADE. ALL WRITTEN PROTESTS SHALL BE FILED WITH THE CITY CLERK ON OR BEFORE THE TIME FIXED FOR THE PUBLIC 15 HEARING. WRITTEN PROTESTS MAY BE WITHDRAWN IN WRITING AT ANY TIME BEFORE THE CONCLUSION OF THE PUBLIC HEARING. 16 17 IF WRITTEN PROTESTS AGAINST THE ESTABLISHMENT OF CFD NO. 1033 ARE FILED BY FIFTY PERCENT (50%) OR MORE OF THE REGISTERED 18 VOTERS, OR SIX (6) REGISTERED VOTERS, WHICHEVER IS GREATER, RESIDING WITHIN PROPOSED CFD NO. 1033, OR OWNERS OF ONE-HALF 19 (1/2) OF THE AREA OF LAND PROPOSED WITHIN CFD NO. 1033, THE PROCEEDINGS SHALL BE ABANDONED. IF SAID MAJORITY PROTEST IS 20 LIMITED TO CERTAIN SERVICES, FACILITIES OR SPECIAL TAX, THOSE 21 SERVICES OR FACILITIES OR THAT SPECIAL TAX SHALL BE ELIMINATED BY THE COMMON COUNCIL. 22 23 24 25 26 27 28 4321-2602-2400.1 12 SECTION 6 Resolution Mayor & Common Council Meeting of June 21 , 2006 CITY OF SAN BERNARDINO - REQUEST FOR GvUNCIL ACTION From:Fred Wilson, City Administrator Subject: Resolution of the Mayor and Common Council of the Citv of Dept: City Administrator San Bernardino declaring and establishing the formation of a Date: May 13. 2004 Community Facilities District, authorizing submittal of levy of special taxes to the qualified electors, making certain preliminary findings and overruling protests (CFD NO. lo-)-)). MeetingDate: 6/21/2004 Synopsis of Previous Council Action: 04/19/04—the Mayor and Common Council approved several items as follows: ♦ Resolution approving Goals and Policies for the Use of Community Facilities Districts ♦ Resolution Declaring Intention to Establish a Community Facilities District for Nev<- Development for the Ongoing Operation and maintenance of a fire station for the Verdemont Area and to levy a special tax, setting a public hearing, and authorizing the publication and Mailing of Notice Thereof(CFD No. 1033), and repealing Resolution No. 2003-361. ♦ Resolution approving agreement with special legal counsel regarding CFD No. 1033. ♦ A Resolution directing the preparation of a map and an engineer's report for CFD No. 1033. ♦ Resolution approving Form of Mitigation Agreement in the Verdemont fire station service area and authorizing execution of the final Form of Mitigation Aizreements with participating developers (CFD No. 1033) Recommended motion: Adopt Resolution. 7 Signature Contact person: Teri Baker Phone: 5122 Supporting data attached: Staff Repoit g Resolution Ward: 5 FUNDING REQUIREMENTS: Amount: None Source: (Acct. No.) (Acct. Description) Finance: Council Notes: Agenda Item No. 3S- 6/.2 i 0 V CITY OF SAN BEW,tRDINO - REQUEST FOR CO. NCIL ACTION_ STAFF REPORT Subject: Public Hearing and Resolution of the Mayor and Common Council of the City of San Bernardino Declaring and Establishing the Formation of a Community Facilities District, Authorizing Submittal of Levy of Special Taxes to the Qualified Electors, Making Certain Preliminary Findings and Overruling Protests (CFD No. 1033) Background: On April 19, 2004, the Mayor and Common Council approved and adopted a Resolution Number 2004-104 (Resolution of Intention), which authorized the initiation of proceedings for the formation of a Community Facilities District for the payment of a portion of the operations and maintenance costs of the Verdemont Fire Station ("CFD No. 1033"). Pursuant to the requirements of the "Mello-Roos Community Facilities Act of 1982" (commencing with Government Code Section 53311, the "Act"), the previously adopted Resolution of Intention set the public hearing on the formation of CFD No. 1033 for the June 7, 2004 meeting of the Mayor and Common Council. A Notice of a June 7, 2004 public hearing was published on May 26, 2004 in the SUN Newspaper. However, the meeting was continued until June 21, 2004. The Resolution of Intention also, among other matters, called for the preparation of an Engineer's Report ("Report") concerning the operations and maintenance of the fire station facilities, and a map of the proposed boundaries of CFD No. 1033 ("Map") to be recorded with the County of San Bernardino Auditor/Controller-Recorder's Office. The Map and the Report (copies of which have been made available at the City Clerk's office) would be approved after the public hearing as part of the formation proceedings for CFD No. 1033. Assuming that there is no majority protest by the affected property owners within the boundaries of CFD No. 1033, the Mayor and the Common Council may proceed with the adoption of the above-referenced Resolution of Formation, which formally establishes the existence of CFD No. 1033. The Resolution of Formation (which also includes information contained in the Resolution of Intention, including the Rate and Method of Apportionment of Special Tax) makes findings regarding the Report and the Ma p, and also includes the findings that the proposed special tax levy has not been precluded b . Y majority protest and that all proceedings regarding the formation of CFD No. 1033 have been conducted in conformity with the requirements of the Act. In addition to formally establishing CFD No. 1033, the Resolution of Formation calls for an election of the qualified electors, namely, the owners of land within CFD No. 1033, to approve the levy of the Special Tax. The Resolution of Formation also describes the procedure for conducting such election, in this case by mailed-ballot election to be conducted by the City, wherein such landowners would have one vote for each acre of land he or she owns within the boundaries of CFD No. 1033. Since the Act requires that the special landowner election be held at least ninety(90) days after the public hearing (unless unanimously waived by all of the affected property 4816-7527-0144.1 1 1 RESOLUTION NO. 2004-210 2 3 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DECLARING AND ESTABLISHING THE FORMATION OF A 4 COMMUNITY FACILITIES DISTRICT, AUTHORIZING SUBMITTAL OF LEVY OF SPECIAL TAXES TO THE QUALIFIED ELECTORS, MAKING CERTAIN 5 PRELIMINARY FINDINGS AND OVERRULING PROTESTS (CFD NO. 1033) 6 WHEREAS. the City of San Bernardino, California (the "Cite"'), is a municipal 7 corporation and charter city, duly organized and existing pursuant to the provisions of the 8 Constitution of the State of California; and 9 10 WHEREAS, the Mayor and Common Council of the City have previously adopted 11 Resolution No. 2004-104 (the "Resolution of Intention'") to create Community Facilities 12 District No. 1033 ("CFD No. 1033") pursuant to the terms and provisions of the "Mello-Roos 13 Community Facilities Act of 1982," as amended (the "Act"), Chapter 2.5 of Part 1 of Division 14 2 (commencing with Section 5331 1 ) of the California Government Code: and 15 16 WHEREAS, the Mayor and Common Council have declared their intention that a 17 portion of the operations and maintenance of the Verdemont Fire Station, necessary to provide 18 a continued fire protection service within the Verdemont Area as new development continues 19 to occur in areas northerly of existing fire station service areas, be paid through the levy of a 20 special tax; and 21 WHEREAS, the Mayor and Common Council have directed the Staff of the City to 22 23 - prepare appropriate boundary maps for territory which may be included within the boundaries of CFD No. 1033 (the '`Map") and the Map has been presented to the Mayor and Common 24 25 Council and has been made a part of the record of the hearing on the Resolution of l►ltention to 26 establish CFD No. 1033; and 27 28 LUU4-L1U A RESOLUTION G :HE MAYOR AND COMMON COQ CIL OF THE CITY OF SAN BERNARDINO DECLARING AND ESTABLISHING THE FORMATION OF A 1 COMMUNITY FACILITIES DISTRICT, AUTHORIZING SUBMITTAL OF LEVY OF SPECIAL TAXES TO THE QUALIFIED ELECTORS, MAKING CERTAIN 2 PRELIMINARY FINDINGS AND OVERRULING PROTESTS (CFD NO. 1033) 3 WHEREAS, notice of a public hearing relating to the establishment of CFD Nil. 10;3 4 the extent of CFD No. 1033, the furnishing of certain facilities and services. the rate and 5 6 method of apportionment of the special tax, and all other related matters have been duty given, 7 and a report ("Engineer's Report") as ordered by the Mayor and Common Council has been 8 presented to the Mayor and Common Council and has been made a part of the record of the 9 hearing on the Resolution of Intention to establish CFD No. 1033; and 10 -W'HEREAS, the Mayor and Common Council have determined that there are less than 11 twelve (12) registered voters residing within the territory of CFD No. 1033. and have been for 12 each of at least ninety (90) days preceding the date of said hearing. and that the facilities and 13 services to be Financed by CFD No. 1033 are necessary to meet increased demands placed upon 14 15 the City as result of new development occurring in CFD No. 1033; and 16 NN'FIEREAS, the Mayor and Common Council intend to submit the levy of the required 17 special tax to the landowners of CFD No. 1033, said landowners being the qualified electors as 18 authorized by law: and 19 WHEREAS, the Mayor and Common Council have determined that written protests of 20 21 fifty percent (50%) or more of the registered voters, or six (6) registered voters, whichever is greater. residing within the boundaries of the proposed District, or of owners representing one- 22 23 half(%) or more of the area of land proposed to be included in CFD No. 1033, were not tiled 24 with the City Clerk on or before the time fixed for said public hearing; and 25 26 27 28 4833-0718-1568 I CLUU4-[1U A RESOLUTION G [HE MAYOR AND COMMON CO,, CIL OF THE CITY OF SAN BERNARDINO DECLARING AND ESTABLISHING THE FORMATION OF A 1 COMMUNITY FACILITIES DISTRICT, AUTHORIZING SUBMITTAL OF LEVY OF SPECIAL TAXES TO THE QUALIFIED ELECTORS, MAKING CERTAIN 2 PRELIMINARY FINDINGS AND OVERRULING PROTESTS (CFD NO. 1033) 3 WHEREAS, a public hearing was convened by the Mayor and Common Council on 4 June 7, 2004, at the hour of 4:00 p.m., then continued to and reconvened on June 21. 2004, at 5 6 the hour of 4:00 p.m., at the regular meeting place of the Mayor and Common Council, being 7 the Council Chambers, City Hall, 300 North "D" Street, San Bernardino, California, 92418, at 8 which hearing the Mayor and Common Council considered the establishment of CFD No. 9 1033, the proposed rate and method of apportionment of the special tax therein, and all other 10 matters as set forth in the Engineer's Report; and 11 WHEREAS, all written protests and other written communications, if any, were 12 publicly read at said hearing and all persons desiring to be heard were fully heard. and all such 13 protests and communications have been considered by the Mayor and Common Council, and at 14 15 this time the Mayor and Common Council are desirous to proceed with the establishment of 16 CFD No. 1033. and 17 WHEREAS, at this time all steps and procedures relating to the formation of CFD No. 18 1033 have been accomplished; and 19 WHEREAS, the Mayor and Common Council intend at this time to order the 20 establishment of CFD No. 1033. 21 H/ 22 23 24 25 26 27 28 4833-0718-1568 1 2004-210 A RESOLUTION Of .HE MAYOR AND COMMON COU, AL OF THE CITY OF SAN BERNARDINO DECLARING AND ESTABLISHING THE FORMATION OF A 1 COMMUNITY FACILITIES DISTRICT, AUTHORIZING SUBMITTAL OF LEVY OF SPECIAL TAXES TO THE QUALIFIED ELECTORS, MAKING CERTAIN 2 PRELIMINARY FINDINGS AND OVERRULING PROTESTS (CFD NO. 1033) 3 NOUN, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED BY THE 4 MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS 5 FOLLOWS: 6 7 Section 1. Recitals 8 The above recitals are all true and correct. 9 Section 2. Establishment of Formation of CFD No. 1033 10 The Mayor and Common Council hereby establish and declare the formation of the 11 Community Facilities District known and designated as ­COMMUNITY FACILITIES 12 DISTRICT NO. 1033". 13 Section 3. District Boundaries 14 15 The boundaries and parcels of land in which the public facilities are to be provided and 16 on which special taxes will be levied in order to pay the costs and expenses for said public 17 facilities are generally described as follows: 18 All property within the boundaries of Community Facilities District No. 1033. as shown 19 on a map as previously approved by the Mayor and Common Council. said map 20 designated by the name of CFD No. 1033, a copy of which is on file in the office of the 21 City Clerk. and as set forth in the Book of Maps of Assessments and C011111111111ty 22 Facilities Districts in the in the San Bernardino County Recorder's Office. as previously 24 recorded pursuant to Section 311 l of the Streets and Highways Code. 25 26 27 28 4833-0718-1568 1 4 LVV'1�L 1 V A RESOLUTION O. HE MAYOR AND CONINION COL 'IL OF THE CIT1" OF SAN BERNARDINO DECLARING AND ESTABLISHING THE FORMATION OF A 1 COMMUNITY FACILITIES DISTRICT, AUTHORIZING SUBMITTAL OF LEVY OF SPECIAL TAXES TO THE QUALIFIED ELECTORS, MAKING CERTAIN 2 PRELINIINARY FINDINGS AND OVERRULING PROTESTS (CFD NO. 1033) 3 Section 4. Description of Public Capital lacilities 4 A general description of the public capital facilities which the Mayor and Common 5 Council have determined shall be provided within CFD No. 1033. and of the incidental 6 7 expenses in connection therewith, is as follows: The continued operation and maintenance of 8 the Verdemont Fire Station, including but not limited to payment of compensation of 9 employees, including salaries and benefits, maintenance and operation of fire safety vehicles 10 and the fire station structures, any other expenses required to keep the such equipment and 11 improvements in fit operating condition and any incidental expenses (collectively, the "O&M 12 Expenses"), and all necessary administrative expenses of the City. The descriptions contained 13 herein are general in nature and do not necessarily include all related and appurtenant costs and 14 15 expenses necessary for the proposed facilities and services. For a full and complete description 16 of said facilities, reference is made to the Engineers Report, which is entitled "Engineer's 17 Report, Special Tax District, CFD No. 1033, Verdemont Fire Station Service area". whhich is 18 attached hereto and incorporated herein by this reference as Exhibit --A**. and which Engineers 19 Report is on file in the office of the City Clerk. 20 21 22 23 24 25 ill 26 27 28 4333-0718-1568 1 5 A RESOLUTION G. fHE MAYOR AND COMMON COL.�CIL OF THE CITY OF SAN BERNARDINO DECLARING AND ESTABLISHING THE FORMATION OF A 1 COMMUNITY FACILITIES DISTRICT, AUTHORIZING SUBMITTAL OF LEVY OF, SPECIAL TAXES TO THE QUALIFIED ELECTORS, MAKING CERTAIN 2 PRELIMINARY FINDINGS AND OVERRULING PROTESTS (CFD NO. 1033) 3 Section 5. Special Tax Authorized 4 That a special tax, except where funds are otherwise available. is hereby authori 5 zed. 6 subject to voter approval, to be levied annually within the boundaries of CFD No. 1033. For 7 particulars as to the rate and method of apportionment of the proposed special tax. reference is 8 made to the attached and incorporated Exhibit "B" (the "Rate and Method") which sets forth in 9 sufficient detail the method of apportionment to allow each landowner or resident within the 10 proposed District to clearly estimate the annual amount that said person will have to pay for 11 said facilities and services. Said special tax shall be utilized to pay for the 0 & M Expenses. 12 13 Section 6. P_ reparation of Special Tax Roll 14 The office which will be responsible for preparing annually a current roll of special tax 15 levy obligations by assessor's parcel number and which will be responsible for estimatinu 16 future special tax levies pursuant to Section 53340.2 of the Act is the Cite Clerk, who is hereby 17 further directed to establish procedures to promptly respond to inquiries concerninyz current and 18 future tax liability. 19 Section 7. Special Tax Lien 20 Upon recordation of a notice of special tax lien pursuant to Section 31 14.E of the Streets 21 22 and Highways Code of the State of California (the "Code"), a continuing lien to secure each 23 levy of the special tax shall attach to all non-exempt real property in CFD No. 1033 and this 24 lien shall continue in force and effect until the special tax obligation is canceled in accordance 25 with law or until collection of the tax by the Mayor and Common Council ceases in accordance 26 with the Rate and Method of Apportionment of such special tax. 27 28 1833-0718-1568 1 6 a.vv�—a.av A RESOLUTION O. .HE MAYOR AND COMMON COL :IL OF THE CITY OF SAN BERNARDINO DECLARING AND ESTABLISHING THE FORMATION OF A 1 COMMUNITY FACILITIES DISTRICT, AUTHORIZING SUBMITTAL OF LEVN" OF SPECIAL TAXES TO THE QUALIFIED ELECTORS, MAKING CERTAIN' 2 PRELIMINARY FINDINGS AND OVERRULING PROTESTS (CFD NO. 1033) 3 Section 8. Certification of Map 4 The City Clerk is hereby authorized and directed to endorse the Certificate on the flap 5 evidencing the date and adoption of this Resolution, and is further authorized and directed to 6 file said Map with the County Recorder of the County of San Bernardino within 10 days after 7 8 the approval of the Map, which shall be within 10 days of the adoption hereof. 9 Section 9. No Majority Protest 10 That protests against the establishment of CFD No. 1033. the extent of CFD No. 1033. 11 the furnishing of said facilities and services, the rate and method of apportionment of the 12 special tax, the estimates of the costs thereof. or other related matters. were not signed and duly 13 filed with the City Clerk at or before the time set for said hearing by fifty percent (50 0Y'0) or 14 15 more of the registered voters, or six (6) registered voters, .vhichever is greater. or by propert} 16 owners of more than one-half('/':) of the area of land within the proposed District. 17 Section 10. Protests Overruled and Denied I 18 Any protests, and each of them, are hereby overruled and denied. 19 Section 11. Approval of Engineer's Report 20 The Engineer's Report, as now submitted and attached hereto as Exhibit --A", is hereby 21 22 approved and is made a part of the record of the hearing, and is ordered to be kept on file in-the 23 City Clerks's Office and open for public inspection. 24 25 26 27 28 4833-0718-L 68 I 7 LVVY-LLV A RESOLUTION G ;HE MAYOR AND COMMON COL :.IL OF THE CITY OF SAN BERNARDINO DECLARING AND ESTABLISHING THE FORMATION OF A 1 COMMUNITY FACILITIES DISTRICT, AUTHORIZING SUBMITTAL OF LEVI, OF SPECIAL TAXES TO THE QUALIFIED ELECTORS, MAKING CERTAIN 2 PRELIMINARY FINDINGS AND OVERRULING PROTESTS (CFD NO. 1033) 3 Section 12. Approval of Map 4 The Map, as now submitted and attached hereto as Exhibit "C", is hereby approved and 5 is made a part of the record of the hearing, and is ordered to be kept on file with the transcript 6 7 of these proceedings and open for public inspection. 8 Section 13. Landowners to Vote on Levy of Special Tax 9 Since there are fewer than 12 registered voters within CFD No. 1033, the levy of the 10 special tax shall be submitted to the landowners, as the qualified electors of CFD No. 103; with 11 each acre or portion thereof representing one vote. The ballots for the special election shall be 12 distributed by personal or mailed delivery to each of the landowners within CFD No. 1033. 13 Each landowner shall have one vote for each acre or portion thereof that he. she or it owns 14 15 within CFD No. 1033, as provided in Section 53326 of the Act. 16 Section 14. Citv Clerk Designated Election Official 17 The City Clerk is hereby designated as the election official for the purposes of 18 conducting the election in CFD No. 1033 and is hereby requested to take all steps necessary to 19 hold the election in accordance with the Act and these specifications. 20 Section 15. Submission of Question of Levy of Special Tax 21 22 The Mayor and Common Council hereby submit the question of levying such special 23 tax for CFD No. 1033 to the qualified electors within CFD No. 1033, at an election to be held 24 on Monday, September 20, 2004 at 4:00 p.m.. with each landowner having one (1) rote for 25 each acre or portion thereof of land which he or she owns within CFD No. 1033. with all 26 ballots to be submitted to the City Clerk before 12:00 p.m. on September 20. 200=1, all in 27 accordance with and subject to the Act, the terms of which shall be applicable to such election. 28 4833-0718-1568 1 8 A RESOLUTION O. .HE MAYOR AND COMMON COL :IL OF THE CITY OF SAN BERNARDINO DECLARING AND ESTABLISHING THE FORMATION OF A 1 COMMUNITY FACILITIES DISTRICT, AUTHORIZING SUBMITTAL OF LEVY OF SPECIAL TAXES TO THE.QUALIFIED ELECTORS, MAKING CERTAIN 2 PRELIMINARY FINDINGS AND OVERRULING PROTESTS (CFD NO. 1033) 3 Section 16. Canvass of Returns 4 The Citv Clerk as the election official is authorized to canvass the returns of the election 5 pursuant to Section 23306 of the Elections Code, and the Mayor and Common Council are 6 thereafter authorized to certify the results of the election. 7 8 Section 17. Levy of Special Tax Following Election 9 If two-thirds (2/3) of the votes cast upon the question of levying such special tax are 10 cast in favor of levying that tax, as determined by the i✓layor and Common Council after the 11 canvass of the returns of such consolidated election, the Mayor and Common Council may levy 12 such special tax within the territory of CFD No. 1033 under the Act in the amount and for the 13 purposes as specified in this resolution. Such special tax may be levied only at the rate and 14 15 may be apportioned only in the manner specified in this Resolution, subject to the Act, except 16 that such special tax may be levied at a rate lower than specified therein. Such special tax may 17 be levied only so long as it is needed to pay for the O&M Expenses, together with 18 administrative and other expenses of CFD No. 1033, incurred by the City and CFD No. 1033. 19 Section 18. Necessity of Services and Facilities 20 The Mayor and Common Council herebv determine that the O&M Expenses to be 21 financed by CFD No. 1033, as described above in said Engineer's Report. are necessary to 22 23 meet increased demands placed upon the Citv and other local agencies having, jurisdiction 24 within CFD No. 1033, as a result of development occurring in CFD No. 1033 and that the 25 qualified electors of CFD No. 1033 shall be the landowners of CFD No. 1033. 26 27 28 4833-0718-1i68 I 9 A RESOLUTION O. HE MAYOR AND COMMON COL :IL OF THE CIT1' OF SAN BERNARDINO DECLARING AND ESTABLISHING THE FORMATION OF A 1 COMMUNITY FACILITIES DISTRICT, AUTHORIZING SUBMITTAL OF LEk N* OF SPECIAL TAXES TO THE QUALIFIED ELECTORS, MAKING CERTAIN 2 PRELIMINARY FINDINGS AND OVERRULING PROTESTS (CFD NO. 1033) 3 Section 19. Declaration of Conformity with Leual Requirements 4 The Mayor and Common Council hereb y determines that all proceedings P rior hereto 5 were valid and taken in conformity with the requirements of law, and specifically the 6 7 provisions of the Act, and that this determination is made pursuant to the provisions and 8 authorization of Section 53325.1 of the California Government Code. 9 Section 20. Effective Date 10 This Resolution shall take effect upon adoption. 11 Section 2l. Certification 12 The City Clerk shall certify to the passage and adoption of this resolution. enter the 13 same in the book for original Resolutions of the City, and make a minute of passage and 14 15 adoption thereof in the records of the proceedings of the Mayor and Common Council of the 16 City, in the minutes of the meeting at which this resolution is passed and adopted. 17 18 19 20 21 22 23 24 25 26 27 28 4833-0718-1568.1 10 A RE SOLUTION O; HE MAYOR AND COMMON COL :IL OF THE CITY OF SAN BERNARDINO DECLARING AND ESTABLISHING THE FORMATION OF A 1 COMMUNITY F ACILITIES DISTRICT, AUTHORIZING SUB M ITT AL OF LEVY V Y OF SPECIAL TAXES TO THE QUALIFIED ELEC TORS, MAKING CERTAIN 2 PRELIMINARY FINDINGS AND OVERRULING PROTESTS (CFD NO. 1033) y Mayor Resolution %vas duly adopted b} the M 3 I HEREBY CERTIFY that the foregoinb � 4 and Common Council of the City of San Bernardino at a joint regular meeting 5 thereof, held on the 21st day of June , 1004, by the following vote, to wit: 6 7 Council Members: Ayes, Nays Abstain Absent 8 ESTRADA x 9 LONGVILLE x 10 MCGINNIS x 11 DERRY x KELLEY x 12 JOHNSON x 13 MC CAMMACK x 14 li 15 Rachel G. Clark, City Clerk 16 L 17 The foregoing resolution is hereby approved hits ?'6 day of June 18 2004. 19 20 ith Valles, Mayor 21 ty of San Bernardino 22 Approved as to Form and Legal Content: 23 /1 24 BV: ,,_ 57 i"��-,•ti /JJ es F. Penman 25 i ity Attorney ! I 26 27 28 4833-0718-1568 1 1 I SECTION 7 Engineer' s Report Special Tax District CFD No. 1033 Verdemont Fire Station Service Area June 21 , 2004 2004-210 EXHIBIT A ENGINEER'S REPORT SPECIAL TAX DISTRICT CFD No. 1033 VERDEMONT FIRE STATION SERVICE AREA June 21, 2004 Prepared by David Evans and Associates, Inc. And the Development Services Department City Engineer City of San Bernardino, California Prepared For City of San Bernardino, California Community Facilities District No. 1033 4837-7301-2480.1 2004-210 I. INTRODUCTION AND PURPOSE On April 19, 2004, the Mayor and Common Council of the City of San Bernardino ("City") approved and adopted "A Resolution of the Mayor and Common Council of the City of San Bernardino declaring Intention to Establish a Community Facilities District for New Development for the Ongoing Operation and Maintenance of a Fire Station for the Verdemont Fire Station Service Area and to Levy a Special Tax within said Community Facilities District, Setting a Public Hearing Thereon and Authorizing the Publication and Mailing of Notice Thereof (Community Facilities District No. 1033)" (the "Resolution of Intention"). pursuant to the provisions of the "Mello-Roos Community Facilities Act of 1982", being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code (commencing with Section 53311, the "Act"), and specifically Section 53321.5 thereof. I The Resolution of Intention expressly ordered the filing of a written Engineers Report of proposed Community Facilities District No. 1033 ("CFD No. 1033'), and directed that said Engineers Report include the following: 1) A brief description of the services, maintenance and operating costs of public facilities which will be provided within CFD No. 1033. i.e.. the estimated operations and maintenance expenses of the Verdemont Fire Station, Station No. 232 at 6055 Palm Avenue, San Bernardino, California ("Station"). including but not limited to j payment of compensation of employees. including salaries and benefits, maintenance and operation of fire safety vehicles and the fire station structures. any other expenses required to keep the such equipment and improvements in fit operating condition and any incidental expenses (collectively, the "O&M Expenses"). which will be incurred as a result of providing the services and which will in the opinion of the preparer of the Engineers Report, be required to adequately meet the needs of CFD No. 1033 for the next five (5) years; and 2) An estimate of the cost of providing for the O&M Expenses for the first five (5) years for each zone within CFD No. 1033, including a brief explanation justifying the amount of the Special Tax for each zone type and any increase or decrease thereof in subsequent years as well as the estimated In-Lieu Fee that may be generated for each zone for all years evaluated in the Engineers Report. Accordingly. the authorized representatives of the City have caused this Engineer's Report of CFD No. 1033 to be prepared by David Evans & Associates, Inc., pursuant to the provisions of the Act and the Resolution of Intention. This Engineers Report is intended to provide background information and factual data to enable the Mavor and Common Council to take appropriate actions to impose the requirements upon new development within the Verdemont Fire Station Service Area for funding of a portion of the 0&M Expenses to serve operations and maintenance of the Station. 4822-7426-9696 1 111 doc End .m,Rcpun CFD,o IOii 6-14-04 1 2004-210 11. BACKGROUND (a) It is appropriate and desirable for the City to institute a partial finding source (i.e. the proposed CFD No. 1033) in order to offset the costs of the normal operating expenses of the Station that would otherwise be required to be paid in total by the City General Fund. (b) Existing residential structures will not be included in the proposed CFD No. 1033. Special taxes of CFD No. 1033 will be imposed only on new residential, commercial, office, and industrial development within the Verdemont Fire Station Service Area. The City has the legal ability during the environmental review of proposed development within the Area that wou e u►re e owner or the owners designee) i ate ill FD No. 1033 and pay a `'Spec►a ax or a portion of the O&M Expenses, (or, tot e alterna tve, prior to the issuance of each certificate of occupancy for residential development, pay an "In-Lieu Fee" in the amount [for the Initial Fiscal Year 2004-2005] of $6,349.88 per dwelling unit, whether for a single family or a multi-family unit, and prior to the issuance of each certificate of occupancy for commercial/retail/office/industrial zoning classifications pay an in-lieu fee in the amou of$44,350.47 per acre of development as set forth on a site plan of development). The Special Tax shall be increased by an amount not to exceed 2 % of the amount in effect for the previous Fiscal Year, up to the Fiscal Year commencing July 1. 2033. The Special Tax shall terminate as to such Assessor's Parcel at the close of the thirtieth (30") Fiscal Year following the beginning of the Initial Fiscal Year 2004-2005, i.e., the Special Tax shall terminate as of June 30, 2034. See Exhibit "A", "Calculation and assumptions for final Verdemont Fire Station CFD special tax". This requirement would apply only to new residential, commercial, retail and industrial development within the Verdemont Fire Station Service Area. (c) On April 19, -2004, the Mayor and Common Council approved and adopted the Resolution of Intention, which authorized the initiation of proceedings for the formation of CFD No. 1033. The Resolution of Intention set the public hearing on the formation of CFD No. 10')3 for the June 7, 2004 meeting of the Mayor and Common Council, which hereby was continued to June 21. 2004. Notice of the June 7, 2004 public hearing was published on May 26, 2004. and notice was republished regarding the hearings continuance to June 21, 2004. (d) The Resolution of Intention also called for the preparation and the recordation of a map _ of the proposed boundaries of CFD No. 1033 ("Map") to be recorded with the County of San Bernardino Auditor/Controller-Recorder's Office. A copy of the Map is attached hereto as Exhibit "C". The Map and this Engineer's Report (copies of which have been made available at the City Clerk's office) would be approved after the public hearing as part of the formation proceedings for CFD No. 1033. (e) Assuming that there is no majority protest by the affected property owners within the boundaries of CFD No. 1033, the Mayor and the Common Council may approve a `'Resolution of Formation", which formally establishes the existence of CFD No. 1033. The Resolution of Formation (which includes information contained in the Resolution of 4822-7426-9696 1 111 doe Hngmccr's Repro(CI D No nG;6-14-114 7 2004-210 Intention and attaches the Rate and Method of Apportionment of Special Tax for CFD No. 1033as an exhibit) makes findings regarding the Report and the Map. including the findings that the proposed special tax levy has not been precluded by majority protest and that all proceedings regarding the formation of CFD No. 1033 have been conducted in conformity with the requirements of the Act. i (t) In addition to formally establishing CFD No. 1033, the Resolution of Formation calls for an election of the qualified electors. The City has determined that there are less than twelve (12) residents within the proposed boundaries of CFD No. 1033, meaning that the qualified electors are the owners of land within CFD No. 1033, to approve the levy of the Special Tax. The Act requires that the special landowner election be held at least ninety (90) days after the public hearing (unless unanimously waived by alf of the affected property owners, in which event the election may be held at an earlier date), the Resolution of Formation sets such special landowners election for the meeting of September 20. 2004, and calls for all ballots to be received at a specified time prior to the meeting. If two-thirds (2/3) of the ballots approve the levy and collection of the special tax within CFD No. 1033, then the Mayor and Common Council will be presented a resolution canvassing the results of the election and an ordinance (for first reading) imposing the special tax levy on the property owners within CFD No. 1033, at the September 20, 2004 meeting of the Mayor and Common Council. The Resolution of Formation also describes the procedure for conducting such an election, in this case by mailed-ballot election to be conducted by the City, wherein such landowners would have one vote for each acre of land he or she owns within the boundary of CFD No. 1033. (g) The City has concurrently with the adoption of the Resolution of Intention approved the form of the Mitigation Agreement for CFD No. 1033. which provides that participating property owners agree to pay for the formation expenses incurred by the City relative to the establishment of CFD No. 1033. Accordingly, the costs associated with the formation of CFD No. 1033 will be bonne by participating landowners. III. NECESSITY FOR AN ADDITIONAL FIRE STATION IN VERDEMONT FIRE STATION SERVICE AREA In"City Fire Department administrative staff requested that a process be developed to study and adopt emergency service delivery management and planning standards. This was prompted in part by the need to consider the addition of a fire station to serve the Verdemont Fire Station Service Area. Without planning standards, the Verdemont Station concept could not be evaluated objectively. Subsequently, the Mayor and Common Council approved the establishment of a Fire De artment Plannin Standards Ad Hoc Committee (the "Committee") on September 21, 19 n Novem er of 98, the Committee began meeting to study and analyze topics relevant to establishing emergency service delivery standards. On March 28. 2000, the Committee agreed upon certain standards to recommend to the hlavor and Common Council for adoption. The standards and other recommendations are listed below. 4822-7426-9696 1 [1 J.doc Engineer's Report CFD No liiii 6-IS-OJ 2004-210 A. Recommended Standards • Dispatch processing_ time shall be sixty (60) seconds or less for 90% of Calls for Service (CFS). • Turnout time shall be 60 seconds or less for 90°io of CFS. • Drive time from fire station to arrival on-scene at incidents shall be five (5) minutes or less for 90% of CFS. B. Other Recommended Actions • Automate the emergency medical pre-arrival and priority dispatching system. • Adopt a fire station siting plan that is consistent with the 5-minute drive time standard. • Study and analyze issues pertinent to the City's relatively high emergency incident call volume. An analysis of calendar year 2002 CFS to the Verdemont Fire Station Service Area showed that the 5 minute drive time standard was met for about 45% of 245 CFS. This quantified the need for a fire station to serve the Verdemont Fire Station Service Area. IV. STRUCTURE OF THE SPECIAL TAX (a) This Report and the proposal contained herein deal solely with the levy of the Special Tax for the payment of certain operating and maintenance costs of the Station, not the debt service or other capital outlay and replacement costs associated with any public facility. Section IV.(d) below sets forth the items that are deemed to be the "Included Items" and the "Excluded Items" of those which are eligible for payment by the City from the Special Tax levied within the CFD No. 1033. CFD No. 1033 will be limited solely to the payment of those Included Items related to the operation and maintenance of the Station. The City will impose an annual Special Tax lien upon all property within the CFD No. 1033 and the City will ensure that the Special Taxes are paid by each property owner in the same manner as the general property taxes are paid to the County of San Bernardino- The City reserves the right to enforce any and all unpaid Special Taxes and the liens thereof, including interest and penalties and collection costs, in the manner authorized by the Act through a separate legal action to be filed by the City separate and apart from any tax collection proceedings initiated by the County of San Bernardino for the payment of defaulted general property taxes. (b) The Special Tax shall be levied in conformance with the Rate anti Method of Apportionment of Special Tax — Community Facilities District No. 1033, City of San Bernardino ("Rate and Method") (the Rate and Method is set forth as Exhibit "B" hereto). (c) All of the property located within CFD No. 1033, unless exempted by law or by the Rate and Method, shall be subject to the Special Tax. Each year the Special Tax shall be levied subject to the methodology and Maximum Special Tax limits of the Rate and Method. The Special Tax imposed is a "special tax and not a special assessment, and there is no requirement that the tax be apportioned on the basis of benefit to any property", pursuant to Section 53325.3 of the Act. The Special Tax may be "on or based on a benefit received by 4822-7426-9696 1 [11 doc Eumneer's Repon CFD%o 103;6.14.04 2004-210 parcels of real property. the cost of making facilities or authorized services available to each parcel. or some other reasonable basis as determined by the legislative body"; however, the r Special Tax may not be apportioned on an ad ti•aly e m basis pursuant to Article XIIIA of the California Constitution. (d) The costs of the annual O&M Expenses of the Station shall only include the following described Included Items and shall specifically exclude the Excluded Items from payment through the CFD No. 1033: (i) Included Items: Personnel costs, salaries, benefits, administrative charges, bookkeeping and accounting incurred by the Fire Department (or other related City Departments); repair and maintenance of all buildings, facilities, personal equipment and firefighting equipment exclusive of the acquisition costs of any vehicles of any nature but including the repair and maintenance, oil, fuel, tires, insurance, and upkeep of all such vehicles; uniforms, firefighting protective equipment and clothing; hoses, ladders, and other firefighting and life safety and protective equipment and first aid and CPR equipment; utilities, furnishings. food, paper products, office products and office equipment and supplies, communications equipment, radios, computers and telephones; building maintenance and upkeep, landscape maintenance and supplies, painting of buildings, replacement of worn or broken building components that are typically accounted by the City as expense items and not as capital improvement items. (ii) Excluded Items: Excluded items are all items that are not for the direct operation and.or maintenance of the Station. These include but are not limited to the following: construction of the fire station, purchase or lease of any fire truck, pick-up truck, ambulances or any other motorized vehicles: and/or the replacement or upgrade of any component of the Station that has a useful life of more than 10 years. (e) Since 2002 there has been an increased interest in development within the Verdemont Fire Station Service Area, and there are potentially 382 single family residential housing units that could be constructed within the initial boundaries of the CFD No. 1033 within the next ten (10) years. Such new construction activity will exacerbate the need for the Station and particularly as development trends in the Verdemont Fire Station Service Area extend northerly towards Little League Drive and northerly from Little League Drive into the Devore area of the City. The third property acquired by the EDA in 1999, known as the "Bice" property (Parcel 1)• is severely impacted by the lack of a suitable final tract map, the designation of the "Bice" property as critical habitat for the San Bernardino Kangaroo Rat, and the requirement for numerous flood control and street realignment projects as a condition of development. The Bice property is located northerly of Little League Drive and in the area most impacted by the present lack of a fire station in the Verdemont Fire Station Service Area. (f) Several developers representing the vacant land holdings, existing developers rdevelopment projects in the area. other interested parties have once again contacted the City to ss interests to initiate development activities within the Verdemont Fire Station Service . Based upon improvements in the general real estate market for single-family residential within the City and the availability of low interest rate mortgage financing at this the City anticipates that additional demands will be placed upon the infrastructure needs 326-9696.1 [1J.doc s Re1,on CFD No 10;;b.14-04 J 2004-210 within the Verdemont Fire Station Service Area upon the development of the presently proposed projects. (g) A May 2004 estimate of the projected number of residential housing units comprises four "parcels' within the Verdemont Fire Station Service Area identified as Nos. 1-4 on the Proposed Community Facilities District No. 1033 Map. Parcel 1 (Century Village Homes. Alternative "C", formerly the Bice property) is projected to contain 275 housing lots. Parcel 2 is owned by the City and currently there are 19 housing units planned. Parcel 3 is Tentative Tract No. 15940, owned by Monica Morrow, et al, and currently shows 41 housing lots. Parcel 4 is Tentative Tract No. 16457, owned by Covenant/oasis San Bernardino LLC, and contains 47 housing lots. The following chart sets forth the assumptions that can be utilized for purposes of determining the cost per unit of the Verdemont Special Tax District and the burden that may be experienced by the City in connection with the operation and maintenance of the Verdemont Fire Station. Housing Units Exempt from Special Tax: 0 Housing Units to be built: '82 Average square footage of houses to be built: 2.000 Square footage of commercial/retail to be built 0 Square footage of industrial to be built 0 (h) The expected future build-out of 382 homes will raise $133,700.00 at the Initial Fiscal Year (2004-2005) CFD No. 1033 Special Tax rate of $350.00 per housing unit. These figures represent about."of the estimated Initial Fiscal Year operations and maintenance costs for the Station. The City would need to raise n additional 0.00 .1°�0 of the above reference a get. to meet the expected initial fiscal year costs. These numbers are based upon the core community facilities district. consisting of four (4) parcels, not including any additional properties to be annexed to CFD No. 1033. ' a e future develo ment, including non-residential develo m nt, within the Verdemont Fire Station -Service Area. >s development, when annexe to o. 1033, will provide additional funs. (1) Future annexation of properties in the Verdemont Fire Station Service Area as new development continues will be accomplished in conformance with the Act and will be subject to all conditions and obligations of CFD No. 1033. (j) No bonds shall be issued in relation to CFD No. 1033. V. CONCLUSION 4822-7426-9696 1 [11 doc bu_me(<Rgwrt CFD`!u IV736-14 UJ 6 2004-210 [anticipated is the tent of the Citti to continue to stimu its buu However, is necessary to prove e fora necessary public services for such new development. it is that this can be accomplished within the Verdemont Station Service Area both «,ith e imposition of CFD No. 1033 to pay for ongoing operation and maintenance of the Station. ith CFD No. 1033, the City should have an enhanced ability to meet its planning standards and ovide adequate fire protection service to the areas which are presently outside of the existing e station service areas. The imposition of CFD No. 1033 special taxes will provide theSity th the funding for a portion of the annual operation and maintenance costs of the Station. 4822-7426-9696 1 (1 1 doc Encmeer s Repon CFD No 1077 0.14-04 7 2004-210 EXHIBIT -13" RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX COMMUNITY FACILITIES DISTRICT NO. 1033 CITY OF SAN BERNARDINO This Rate and Method of Apportionment of this Special Tax sets forth the special tax applicable to each Assessor's Parcel within Community Facilities District No. 1033 ("CFD No. 1033") of the City of San Bernardino (`'City-) to be levied and collected according to the special tax liability determined by the Common Council of the City, acting as the Legislative Body of CFD No. 1033. The applicable Special Tax shall be determined pursuant to the application of the appropriate amount or rate as described below. All Taxable Property within CFD No. 1033. unless exempted bylaw, or the provisions of Section E, below, shall be subject to the applicable Special Tax levied and collected to the extent and in the manner herein provided. This Rate and Method of Apportionment also is provided as an explanation to allow landowners or residents within CFD No. 1033 to estimate the Special Tax to be annually levied and collected, or prepaid, as the case may be. with regard to property within CFD No. 1033. A. Definitions "Act" means the Mello-Roos Community Facilities Act of 1982. as amended, being Chapter 2.5 (commencing with Section 53311) of Division 2 of Title 5 of the California Government Code. "Administrative Expense" means any costs incurred by the City on behalf of CFD No. 1033 related to the determination of the amount of the annual levy of the Special Tax. the collection of the Special Tax. and the other costs incurred in order to carry out the authorized purposes of CFD No. 1033. "Special Tax" means the special tax to be levied in each Fiscal Year pursuant to Sections C. and D. on each Assessor's Parcel for a period not to exceed 30 years including the Initial Fiscal Year. "Assessor's Parcel" means a parcel of land as designated on an official map of the San Bernardino County Assessor which has been assigned a discrete identifying parcel number. "Commercial/Retail/Office/Industrial Property" means property zoned for commercial, retail, office or industrial uses or other non-residential uses. 'Common Council' means the Common Council of the City of San Bernardino. �R'_I-dU0�-1968.1 2004-210 "Residential Property' means for any Fiscal year all Taxable Property for which a foundation building permit for single family or nnilti-family units was issued prior to May 1 receding the Fiscal Year in which the S ecial Tax is bein levied. > preceding P g 'Facilities- means the Fire Station Services as may be identified in the Community Facilities District Engineer's Report prepared for CFD No. 1033 on file in the Office of the City Clerk, or the continued operation and maintenance of the Verdemont Fire Station, including but not limited to payment of compensation of employees, including salaries and benefits, maintenance and operation of fire safety vehicles and the fire station structures. any other expenses required to keep the such equipment and improvements in tit operating condition and any incidental expenses (collectively, the "O&M Expenses") to be financed by CFD No. 1033 pursuant to the Act. "Fiscal Year" means the period starting on July 1st and ending the following June 30th. In-Lieu-Fee" means a one-time fee, which fee shall be deposited into an interest bearing reserve account for future O&M Expenses in the following amounts and for which a further explanation of the In-Lieu Fee will be described in an estimated cost report: Residential Zone $6.349.88 per residential dwelling unit as an In- Lieu Fee Commercial. Retail, Office Zone $ 14,358.47 per acre of development as set forth on' a site plan of development as an In-Lieu Fee Industrial Zone $44,38.47 per acre of development as set forth on a site plan of development as an In-Lieu Fee "Land Use Class' means any of the classes of Property listed in Table 1 and Table 2, below. "Project" means any project undertaken for the purpose of development involving the approval or issuance of any permit or entitlement for use by any governmental agency and includes all such permits and entitlements for use whether classified as quasi- legislative, quasi-judicial or ministerial in nature. including. but not limited to, the adoption, amendment, approval or issuance of any general plan. specific plan, master plan, zoning ordinance, tentative subdivision map, tentative parcel map, final subdivision map, final parcel map, variance, conditional use permit. site plan, plot plan. development plan, annexation, public utility connection, building permit and certificate of occupancy. "Taxable Property" means all Assessor's Parcels within the boundaries of CFD No. 1033 which are not exempt from the Special Tax pursuant to the Act and the provisions of Section E. herein. 4821-1005-1968.1 2004-"Z lU I B. Assignment to Land Use Classes ' � •-cal Year, all Taxable cticable, as of May 1 for the next succeed>n� Fiscal As soon as ra r either P erty o Residential Pro cafe categorized as Reside P ' CFD No. 10�� shall be g within Property w i Commercial/Retail/Office/Industrial Zone Property. Taxable Propert}' shall be subject to a Special Tax pursuant to Sections C. and D. below. C. Special Tax I. Residential Property The Special Tax for each Assessors eerence l to classif Table a and R 1 edpara lraph Pthat bv shall be the amount determined follow Table 1. Table 1 Special Tar Rates for Residential Property (For the Initial Fiscal Year 2004-05) Special Land Use Class Land Use Description Tax Per Unit (2004-05) Single Family Detached Unit $350.00 Multi-Family Unit/Attached Dwelling Unit In determining the Special Tax which may be levied in any Fiscal Year. on July 1. 2005 and on each July 1 thereafter. the Special Tax shall be increased he Fiscal Year commenc ng July ly oh�033 amount to effect for the previous Fiscal Year, up to The Special Tax shall terminate as to such Assessors Parcel at the close of the thirtieth (30`h) Fiscal Year following the beginning of the Initial Fiscal Year 2004-2005, i.e., the Special Tax shall terminate as of June 30, 2034. 2. Commercial/Retail/Office/Industrial Zone Property The Special Tax for each Assessor's Parcel classified as either Commercial, Retail. Office, or Industrial Zone Property shall be the amount determined by reference to Table 2 and the paragraphs that follow Table 2. Table 2 Special Tax Rates for Commercial/Retail/Office/Industrial Zone Property (For the Initial Fiscal Year 2004-05) Special Land Use_Class Land Use Description Tax Per Acre (2004-05) Commercial $2.445.00 Retail $2.445.00 4 Re Rettail $2.445.00 5 52,445.00 6 Industrial 4821-400-5-1968 1 2004-210 In determining the Special Tax which may be levied in any Fiscal Year, on July 1, 2005, and on each July 1 thereafter, the Special Tax shall be increased by an amount not to exceed 2 % of the amount in effect for the previous Fiscal Year, tip to the Fiscal Year commencing July 1, 2033. The Special Tax shall terminate as to such Assessor's Parcel at the close of the thirtieth (30t") Fiscal Year following the beginning of the Initial Fiscal Year 2004-2005. i.e.. the Special Tax shall terminate as of June 30, 2034. D. Method of Apportionment of the Special Tax Commencing with Fiscal year 2004-05, and each Fiscal Year thereafter, the Council shall determine the Special Tax to be collected from Taxable Property in CFD No. 1033. The Council may levy the Special Tax on all Assessor's Parcels of Development Property by levying the Special Tax for Land Use Classes 1, 2, 3, 4, 5 and 6. E. Limitations The Council shall not levy a Special Tax on properties owned by the State of California, federal or other local governments. except as otherwise provided in Sections 53317.3 and 53317.5 of the Act. Property which becomes the property of the State of California, the federal government or other public agency is liable for the Special Tax levied in the Fiscal Year during which such transfer occurs and will be subject to the Special Tax in each Fiscal Year thereafter under the original Land Use Class for such Assessor's Parcel. Such Assessor's Parcel may be exempted, at the direction. and in the discretion, of the Council in any Fiscal Year. F. Prepayment of the Special Tax Any owner of property within CFD No. 1033 may discharge the Special Tax obligation in full or in part, by making payment pursuant to the applicable Sections F. 1. or F. 2 as follows: 1. Upon the Approval of a Tentative or Parcel Map At the time of approval of a tentative or parcel map, the owner of such residential unit may prepay the Special Tax in full or in part by making a cash payment to CFD No. 1033, in which case the Special Tax for the Initial Fiscal Year, and each Fiscal Year thereafter. shall be reduced according to the following steps: a. Determine the maximum prepayment if the owner were to prepay the Special Tax in entirety. For example, for Projects approved prior to July I , 2005, the maximum prepayment for each residential unit is $6,439.88 and for each acre of development as set forth on a site plan of development for Commercial/Retail/Office or Industrial zone property is $44,358.47. b. Determine the property's revised Special Tax by multiplying the property's applicable Special Tax for the Initial Fiscal Year determined 4821-4001-1968 I 2004-210 pursuant to Section C. 1. by one minus the quotient obtained by dividing the cash payment made by the owner pursuant to this Section F. I .b. by the maximum prepayment obligation determined pursuant to Section F. 1 .a. The property's revised Special Tax for the Initial Fiscal Year, and each Fiscal Year thereafter, shall be the Special Tax for the applicable land use designation (Residential or Conunercial/Retail/Office/Industrial zone Property) for purposes of Sections C. and D. herein. 2. After the Approval of the Tentative Map/Parcel Map After the time a tentative or parcel map has been approved. and prior to May 1 for the next succeeding Fiscal Year, the owner of such parcel may prepay the Special Tax in full or in part by making a cash payment to CFD No. 1033. in which case the Special 'tax' for the applicable Fiscal Year, and each Fiscal Year thereafter, shall be reduced according to the following steps: a. Compute the present value of the Special Tax using a period equal to the lesser of the remaining term for which the Special Tax may be levied on such parcel: then b. Multiply the amount determined in Section F.2.a, above, by the owner's desired prepayment percentage (which shall be a minimum of twenty percent (20%) of the present value of the total Special Tax) to determine the prepayment amount subject to additional adjustments as specified below; then C. Add the following to the result of Section F 2.b.: i) Unpaid special taxes. interest and penalties. if any. which have been entered on the Assessor's tax roll: and iv) a $75 administrative charge per Assessor Parcel. d. The Special Tax applicable to property utilizing a prepayment percentage less than 100% shall be revised in the Fiscal Year following the date of prepayment by multiplying such property's Special Tax by the prepayment percentage actually determined in Section F?.b. Such property's revised Special Tax for the Fiscal Year following the date of prepayment, and each Fiscal Year thereafter, shall be the Special Tax for such property for purposes of Sections C. and D. herein. In no event shall the In-Lieu Fee be increased by more than 2% per year nor shall the Tax be increased by more than 2% per year, based upon a cost inflation formt►la to be continued in the Estimated Cost Report and the Engineer's Report and made a part of the formation documents for the District. from the previous year for any property located within the District that was previously assessed and charged with the Tax in the immediately preceding year. The 4821-4005_1968 1 2004-210 Special Tax and the In-Lieu Fee shall be recalculated annually to reflect (i) any changes in the (iii) the payment of O&M Expenses, ii the annexation of additional property into the District. ( ) p , p O v - nses, or any portion thereof, with funds other than the Tax, (iv) the amount of In the O&M Expenses. Lieu Fees available to be applied for the applicable for which the calculation is being made. and 00 any other changes which may affect the estimated O&M Expenses for such year. I G. Manner of Collection I The Special Tax will be collected in the same manner and at the same time as ordinary ad j valorem real property taxes. The Special Tax shall be subiect to the same penalties and the same procedure, sale and lien priority in case of a delinquency as provided for with ad valorem taxes. The collection of the Special Tax shall otherwise be subject to the provisions of the Act. The Common Council reserves the power to provide for alternative means of collection of special taxes as permitted by the Act. I H. Termination of Special Tax Levy I Provided that Special Taxes previously levied on an Assessor's Parcel are not delinquent, the lien of special taxes of CFD No. 1033 shall terminate as to such Assessor's Parcel at the close of the thirtieth (30) Fiscal Year following the beginning of the Initial Fiscal Year for such Assessor's Parcel. Furthermore, provided an owner within CFD No. 1033 fully and completely discharges their special tax obligation pursuant to Sections F.1 and/or F.2. the lien of special taxes of CFD No. 1033 shall terminate. Pursuant to Section 53330.5 of the Act, the Common Council shall. upon written request, cause to be recorded in the official records of San Bernardino County a Notice of Cessation of Special Tax Lien for each Assessor's Parcel upon termination of the lien on such Assessor's Parcel. I. Review/Appeal Board . The Council shall establish. as part of the proceedings and administration of CFD No. 1033, a special Review/Appeal Board. Any landowner who feels that the amount of the Special Tax, as to their Assessor's Parcel, is in error may file a notice with the Review/Appeal Board appealing the amount of the levy. The Review/Appeal Board shall interpret this Rate and Method of Apportionment of the Special Tax and make determinations relative to the annual administration of the special tax and any landowner appeals, as herein specified. .1821--100>-196R I EXHIBIT "C" S+ELT I OF } COMMUNITY FACILITIES DISTRICT NO. 1033 VERDEMONT FIRE STATION SERVICE AREA IN THE CITY OF SAN BERNARDINO CUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA PARCEL NO OWNER Qi REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO O CITY OF SAN BERNARDINO U] TENTATIVE TRACT 15940 MONICA MORROW. ET AL rnoER O TENTATIVE TRACT 16457 COVENANT/OASIS SAN BERNARDINO, LLC lacA — — — — — — — — — — — — — i - --------- SHEET 2 ---° ` YCINITY I - - - • � T ` t I SHEET 3 .I — �� mow`\ ❑, t ��. = I i �� s%•�- _ L 1 r � 159 _ L — — — — — — — — — — —� ,\ ` '€ '; • c � 1657 L LAND Sp,FL Lff� Ffo * Exp.12-31-04 # L - - - - - - - - - - - - - � Jl 7653 ql£OF CAIWi�� FILED AT REQUEST OF CITY CLERK w. .w N•a�.A�•t�a Kese•tUN•wr N rrr••r Aa.ii reaoae ePM•4(f v Fes�d (orrn••a,n[t ea�.c•er,w v v on v sr.N..•.o.n s••R v .•..a .•K taAU v c4leea4 w•►eO�Re h.(•••s uO(owa•(uaK�.�.ROII•e�alnq .[01•v W fe.ae.a ntay.Kae a.rea u.leoa.•ns asay.o.ra r wt wn.n v s OAVID VAN• lrl•w.ae r Ada IAT■•.". ran►-(anRt(.Afinewe a rww�w rtiw a mwn a W RaMPO Oww C�,r On Sfw aNn a(ve(s LUU4-L1U EXHIBIT "C" SHEET 2 OF 3 COMMUNITY FACILITIES DISTRICT NO. 1033 VERDEMONT FIRE STATION SERVICE AREA IN THE CITY OF SAN BERNARDINO 13 COUNTY OF SAN BERNARD'NO, STATE OF CALIFORNIA -----f---------- i 14 � 4 O aV 1 0 I II \ ?. A:r/L rr i I s I Pt �� L oi cc■K \ ® 1 �I IIQK.Y/L r/1 i i aMACl 1 A♦ y 6.111 Y /3Mr(c� IIJ�At rr Wtl ALL �� 1 \ 7 I I an Are t.nr: �rt 1 �♦ r © F�4 2.63 AC', pa 1J0.1C, of K J1), r/1. M1 K � rat j lC�v� ft"AU• rosrRl ♦ I uwrqr A m �♦ I VA O ■ 0 � 0 0 s OoA.wVu O fA rA**OCIAT,�, a. EXHIBIT "C" SHEET , oF , COMMUNITY FACILITIES DISTRICT NO. 1033 VERDEMONT FIRE STATION SERVICE AREA IN THE CITY OF SAN BERNARDINO COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA J I i TT 15940 :e 0 ® •/• • • TT 6457 DAVID • 'a , i M IVANO 2 —A@9C�..T90.w ='---;Z. 2004-210 EXHIBIT A ENGINEER'S REPORT SPECIAL TAX DISTRICT CFD No. 1033 VERDENIONT FIRE STATION SERVICE AREA June 21, 2004 Prepared by David Evans and Associates, Inc. And the Development Services Department City Engineer City of San Bernardino, California Prepared For City of San Bernardino, California Community Facilities District No. 1033 4837-7301-2480.1 2004-210 1. INTRODUCTION AND PURPOSE On .April 19, 2004, the Mayor and Common Council of the City of San Bernardino ("City") approved and adopted "A Resolution of the Mayor and Common Council of the City of San Bernardino declaring Intention to Establish a Community Facilities District for New Development for the Ongoing Operation and Maintenance of a Fire Station for the Verdemont Fire Station Service Area and to Levy a Special Tax within said Community Facilities District, Setting a Public Hearing Thereon and Authorizing the Publication and Mailing of Notice Thereof (Community Facilities District No. 1033) (the "Resolution of Intention"), pursuant to the provisions of the "Mello-Roos Community Facilities Act of 1982", being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code (commencing with Section 53311, the -Act"), and specifically Section 53321.5 thereof. The Resolution of Intention expressly ordered the filing of a written Engineer's Report of proposed Community Facilities District No. 1033 ("CFD No. 1033"), and directed that said Engineer's Report include the following: 1) A brief description of. the services, maintenance and operating costs of public facilities which will be provided within CFD No. 1033. i.e.. the estimated operations and maintenance expenses of the Verdemont Fire Station, Station No. 232 at 6055 Palm Avenue, San Bernardino, California ("Station"). including but not limited to payment of compensation of employees. including salaries and benefits, maintenance and operation of fire safety vehicles and the fire station structures, any other expenses required to keep the such equipment and improvements in tit operating condition and any incidental expenses (collectively, the "O&M Expenses"). which will be incurred as a result of providing the services and which will in the opinion of the preparer of the Engineer's Report• be required to adequately meet the needs of CFD No. 1033 for the next five (5) years; and 2) An estimate of the cost of providing for the O&M Expenses for the first five (5) years for each zone within CFD No. 1033, including a brief explanation justifying the amount of the Special Tax for each zone type and any increase or decrease thereof in subsequent years as well as the estimated In-Lieu Fee that may be generated for each zone for all years evaluated in the Engineer's Report. Accordingly. the authorized representatives of the City have caused this Engineers Report of CFD No. 1033 to be prepared by David Evans & Associates, Inc., pursuant to the provisions of i the Act and the Resolution of Intention. This Engineer's Report is intended to provide background information and factual data to enable the Mavor and Common Council to take appropriate actions to impose the requirements upon new development within the Verdemont Fire Station Service Area for funding of a portion of the 0&M Expenses to serve operations and maintenance of the Station. 4822-7426-9696 1 [I l doc Em,na".s Rcpon CFD No 10ii 6.14.04 1 2004-210 D iN H. BACKGROUND G (a} It is appropriate and desirable for the City to institute a partial funding source (i.e. the proposed CFD No. 1033) in order to offset the costs of the normal operating expenses of the Station that would otherwise be required to be paid in total by the City General Fund. (b) Existing residential structures will not be included in the proposed CFD No. 1033. Special taxes of CFD No. 1033 will be imposed only on new residential, commercial, office, and industrial development within the Verdemont Fire Station Service Area. The City has the legal, ability durine the environmental review of proposed development ip within the Area that wou a utre a ow r or the owner s designee) i ate FFDD No. 1033 and pay a `'Specia ax or a portion of the O&M Expenses, (or, to t e alterna tve, prior to the issuance of each certificate of occupancy for residential development, pay an "In-Lieu Fee" in the amount [for the Initial Fiscal Year 2004-2005) of $6,349.88 per dwelling unit, whether for a single family or a multi-family unit, and prior to the issuance of each certificate of occupancy for commercial/retail/office/industrial zoning classifications pay an in-lieu fee in the amou of$44,350.47 per acre of development as set forth on a site plan of development). The Special Tax shall be increased by an amount not to exceed 2 % of the amount in effect for the previous Fiscal Year, up to the Fiscal Year commencing July 1, 2033. The Special Tax shall terminate as to such Assessor's Parcel at the close of the thirtieth (30t11) Fiscal Year following the beginning of the Initial Fiscal Year 2004-2005, i.e., the Special Tax shall terminate as of June 30, 2034. See Exhibit "A", "Calculation and assumptions for final Verdemont Fire Station CFD special tax". This requirement would apply only to new residential, commercial. retail and industrial development within the Verdemont Fire Station Service Area. (c) On April 19, 2004, the Mayor and Common Council approved and adopted the Resolution of Intention, which authorized the initiation of proceedings for the formation of CFD No. 1033. The Resolution of Intention set the public hearing on the formation of CFD No. 1033 for the June 7, 2004 meeting of the Mayor and Common Council, which hereby was continued to June 21. 2004. Notice of the June 7, 2004 public hearing was published on May 26, 2004. and notice was republished regarding the hearing's continuance to June 21, 2004. (d) The Resolution of Intention also called for the preparation and the recordation of a map of the proposed boundaries of CFD No. 1033 ("Map") to be recorded with the County of San Bernardino Auditor/Controller-Recorder's Office. A copy of the Map is attached hereto as Exhibit "C". The Map and this Engineer's Report (copies of which have been made available at the City Clerk's office) would be approved after the public hearing as part of the formation proceedings for CFD No. 1033. (e) Assuming that there is no majority protest by the affected property owners within the boundaries of CFD No. 1033, the Mayor and the Common Council may approve a "Resolution of Formation", which formally establishes the existence of CFD No. 1033. The Resolution of Formation (which includes information contained in the Resolution of 4822-7426-9696 1 [1l.doc Gnemeef,Keyon C I D%o 10;3 b-14.04 2004-210 Intention and attaches the Rate and Method of Apportionment of Special Tax for CFD No. 1033as an exhibit) makes findings regarding the Report and the Map. including the findings that the proposed special tax levy has not been precluded by majority protest and that all proceedings regarding the formation of CFD No. 1033 have been conducted in conformity with the requirements of the Act. (f) In addition to formally establishing CFD No. 1033. the Resolution of Formation calls for an election of the qualified electors. The City has determined that there are less than twelve (12) residents within the proposed boundaries of CFD No. 1033, meaning that the qualified electors are the owners of land within CFD No. 1033, to approve the levy of the Special Tax. The Act requires that the special landowner election be held at least ninety (90) days after the public hearing (unless unanimously waived by all of the affected property owners, in which event the election may be held at an earlier date). the Resolution of Formation sets such special landowners election for the meeting of September 20, 2004, and calls for all ballots to be received at a specified time prior to the meeting. If two-thirds (2/3) of the ballots approve the levy and collection of the special tax within CFD No. 1033, then the Mayor and Common Council will be presented a resolution canvassing the results of the election and an ordinance (for first reading) imposing the special tax .levy on the property owners within CFD No. 1033, at the September 20, 2004 meeting of the Mayor and Common Council. The Resolution of Formation also describes the procedure for conducting such an election, in this case by mailed-ballot election to be conducted by the City, wherein such landowners would have one vote for each acre of land he or she owns within the boundary of CFD No. 1033. (g) The City has concurrently with the adoption of the Resolution of Intention approved the form of the Mitigation Agreement for CFD No. 1033. which provides that participating property owners agree to pay for the formation expenses incurred by the City relative to the establishment of CFD No. 1033. Accordingly. the costs associated with the formation of CFD No. 1033 will be borne by participating landowners. III. NECESSITY FOR AN ADDITIONAL FIRE STATION IN VERDEMONT FIRE STATION SERVICE AREA Inj.22L City Fire Department administrative staff requested that a process be developed to study and adopt emergency service delivery management and planning standards. This was prompted in part by the need to consider the addition of a fire station to serve the Verdemont Fire Station Service Area. Without planning standards, the Verdemont Station concept could not be evaluated objectively. [emergency ubsequently, the Mayor and Common Council approved the establishment of a Fire D�e�artment lannin Standards Ad Committee (the "Committee") on September 21, 199$T No��eern ber er f 98, the Committee began meeting to study and analyze topics relevant to establishing service delivery standards. On March 28. 2000. the Committee agreed upon certain standards to recommend to the Mayor and Common Council for adoption. The standards and other recommendations are listed below. 4822.7426.96961 [1J.doc Enei ee's Rq-1 CFD No 10;;6-N-O4 2004-210 A. Recommended Standards • Dispatch processing time shall be sixty (60) seconds or less for 90% of Calls for Service (CFS). • Turnout time shall be 60 seconds or less for 90%of CFS. • Drive time from fire station to arrival on-scene at incidents shall be five (5) minutes or less for 90%of CFS. B. Other Recommended Actions • Automate the emergency medical pre-arrival and priority dispatching system. • Adopt a fire station siting plan that is consistent with the 5-minute drive time standard. • Study and analyze issues pertinent to the City's relatively high emergency incident call volume. An analysis of calendar year 2002 CFS to the Verdemont Fire Station Service Area showed that the 5 minute drive time standard was met for about 45% of 215 CFS. This quantified the need for a fire station to serve the Verdemont Fire Station Service Area. IV. STRUCTURE OF THE SPECIAL TAX (a) This Report and the proposal contained herein deal solely with the levy of the Special Tax for the payment of certain operating and maintenance costs of the Station, not the debt service or other capital outlay and replacement costs associated with any public facility. Section IV.(d) below sets forth the items that are deemed to be the "Included Items" and the "Excluded Items" of those which are eligible for payment by the City from the Special Tax levied within the CFD No. 1033. CFD No. 1033 will be limited solely to the payment of those Included Items related to the operation and maintenance of the Station. The City will impose an annual Special Tax lien upon all property within the CFD No. 1033 and the City will ensure that the Special Taxes are paid by each property owner in the same manner as the general property taxes are paid to the County of San Bernardino. The City reserves the right to enforce any and all unpaid Special Taxes and the liens thereof. including interest and penalties and collection costs, in the manner authorized by the Act through a separate legal action to be filed by the City separate and apart from any tax collection proceedings initiated by the County of San Bernardino for the payment of defaulted general property taxes. (b) The Special Tax shall be levied in conformance with the Rate and Method of Apportionment of Special Tax— Community Facilities District No. 1033, City of San Bernardino ("Rate and Method") (the Rate and Method is set forth as Exhibit ­B­ hereto). (c) All of the property located within CFD No. 1033. unless exempted by law or by the Rate and Method, shall be subject to the Special Tax. Each year the Special Tax shall be levied subject to the methodology and Maximum Special Tax limits of the Rate and Method. The Special Tax imposed is a "special tax and not a special assessment, and there is no requirement that the tax be apportioned on the basis of benefit to any property", pursuant to Section 53325.3 of the Act. The Special Tax may be "on or based on a benefit received by 4822-7426-9696 1 [1].doc E.y.eer's Repon CFD%a 10;,6-14.04 4 2004-210 parcels of real property, the cost of making facilities or authorized services available to each parcel. or some other reasonable basis as determined by the legislative body"; how-ever, the Special Tax may not be apportioned on an ad valorem basis pursuant to Article XIIIA of the California Constitution. (d) The costs of the annual O&M Expenses of the Station shall only include the following described Included Items and shall specifically exclude the Excluded Items from payment through the CFD No. 1033: (i) Included Items: Personnel costs, salaries, benefits, administrative charges, bookkeeping and accounting incurred by the Fire Department (or other related City Departments); repair and maintenance of all buildings. facilities, personal equipment and firefighting equipment exclusive of the acquisition costs of any vehicles of any nature but including the repair and maintenance, oil, fuel, tires, insurance, and upkeep of all such vehicles; uniforms, firefighting protective equipment and clothing; hoses, ladders, and other firefighting and life safety and protective equipment and first aid and CPR equipment; utilities, furnishings, food, paper products, office products and office equipment and supplies, communications equipment, radios, computers and telephones; building maintenance and upkeep, landscape maintenance and supplies, painting of buildings, replacement of worn or broken building components that are typically accounted by the City as expense items and not as capital improvement items. (ii) Excluded Items: Excluded items are all items that are not for the direct operation and/or maintenance of the Station. These include but are not limited to the following: construction of the fire station. purchase or lease of any fire truck, pick-up truck. ambulances or any other motorized vehicles: and/or the replacement or upgrade of any component of the Station that has a useful life of more than 10 years. (e) Since 2002 there has been an increased interest in development within the Verdemont Fire Station Service Area, and there are potentially 382 single family residential housing units that could be constructed within the initial boundaries of the CFD No. 1033 within the next ten (10) years. Such new construction activity will exacerbate the need for the Station and particularly as development trends in the Verdemont Fire Station Service Area extend northerly towards Little League Drive and northerly from Little League Drive into the Devore area of the City. The third property acquired by the EDA in 1999, known as the "Bice" property (Parcel 1), is severely impacted by the lack of a suitable final tract map, the designation of the "Bice" property as critical habitat for the San Bernardino Kangaroo Rat, and the requirement for numerous flood control and street realignment projects as a condition of development. The Bice property is located northerly of Little League Drive and in the area most impacted by the present lack of a fire station in the Verdemont Fire Station Service Area. (f) Several developers representing the vacant land holdings, existing developers rdevelopment projects in the area, and other interested parties have once again contacted the City to ss interests to initiate development activities.%vithin the Verdemont Fire Station Service . Based upon improvements in the general real estate market for single-family residential within the City and the availability of low interest rate mortgage financing at this the City anticipates that additional demands will be placed upon the infrastructure needs 326-9696.1 [I l doc s Report CFD No 10i3 6-I4-04 5 2004-210 within the Verdemont Fire Station Service Area upon the development of the presentl} proposed projects. (g) A May 2004 estimate of the projected number of residential housing units comprises four "parcels' within the Verdemont Fire Station Service Area identified as Nos. 1-4 on the Proposed Community Facilities District No. 1033 Map. Parcel 1 (Century Village Homes. Alternative `'C". formerly the Bice property) is projected to contain 275 housing lots. Parcel 2 is owned by the City and currently there are 19 housing units planned. Parcel 3 is Tentative Tract No. 15940, owned by Monica Morrow, et al, and currently shows 41 housing lots. Parcel 4 is Tentative Tract No. 16457, owned by Covenant/Oasis San Bernardino LLC, and contains 47 housing lots. The following chart sets forth the assumptions that can be utilized for purposes of determining the cost per unit of the Verdemont Special Tax District and the burden that may be experienced by the City in connection with the operation and maintenance of the Verdemont Fire Station. Housing Units Exempt from Special Tax: 0 Housing Units to be built: '82 Average square footage of houses to be built: 1000 Square footage of commercial/retail to be built 0 Square footage of industrial to be built 0 (h) The expected future build-out of 382 homes will raise $133.700.00 at the Initial Fiscal Year (2004-2005) CFD No. 1033 Special Tax rate of $350.00 per housing unit. These figures represent abou $0 of the estimated Initial Fiscal Year operations and maintenance costs for the Station. The City would need to raise • n additi 0.00 .1°ro of the above reference budget. to meet the expected initia fiscal year costs. These numbers are based upon the core community facilities district. consisting of four (4) parcels, not including any additional properties to be annexed to CFD No. 1033. a e future develo ment, including non-residential develo m nt. within the Verdemont Fire Station -Service Area. is development, when annexe to o. 1033, =11 provide additional funds. (i) Future annexation of properties in the Verdemont Fire Station Service Area as new development continues will be accomplished in conformance with the Act and will be subject to all conditions and obligations of CFD No. 1033. 0) No bonds shall be issued in relation to CFD No. 1033. V. CONCLUSION 4822-7426-9696 1 111 doc Ensmra:Rgro i CFD No 10.6-I4.pW - 6 2004-210 It is the ' tent of the Cit y to ontinue to stimt s u Howe%er, it is necessary to prove e fora necessary public services for such new development. it is anticipated that this can be accomplished within the Verdemont Station Service Area both with the imposition of CFD No. 1033 to pay for ongoing operation and maintenance of the Station. With CFD No. 1033, the City should have an enhanced ability to meet its planning standards and provide adequate fire protection service to the areas which are presently outside of the existing fire station service areas. The imposition of CFD No. 1033 special taxes wi[LiDrovide the Citv with the funding for a portion of the annual operation and maintenance costs of the ta w- I 3822-7426-9696 1 (1(.doc Ew..—s Repon CFD\o 1033(,-14-W 7 2004-210 EXHIBIT -B" RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX COMMUNITY" FACILITIES DISTRICT NO. 1033 CITY OF SAN BERNARDINO This Rate and Method of Apportionment of this Special Tax sets forth the special tax applicable to each Assessor's Parcel within Community Facilities District No. 1033 ("CFD No. 1033") of the City of San Bernardino (`'City") to be levied and collected according to the special tax liability determined by the Common Council of the City. acting as the Legislative Body of CFD No. 1033. The applicable Special Tax shall be determined pursuant to the application of the appropriate amount or rate as described below.' All Taxable Property within CFD No. 1033. unless exempted by law, or the provisions of Section E. below. shall be subject to the applicable Special Tax levied and collected to the extent and in the manner herein provided. This Rate and Method of Apportionment also is provided as an explanation to allow landowners or residents within CFD No. 1033 to estimate the Special Tax to be annually levied and collected, or prepaid, as the case may be. with regard to property within CFD No. 1033. A. Definitions "Act" means the Mello-Roos Community Facilities Act of 1982. as amended, being Chapter 2.5 (commencing with Section 533)11) of Division 2 of Title 5 of the California Government Code. "Administrative Expense" means any costs incurred by the City on behalf of CFD No. 1033 related to the determination of the amount of the annual levy of the Special Tax. the collection of the Special Tax. and the other costs incurred in order to carry out the authorized purposes of CFD No. 1033. "Special Tax" means the special tax to be levied in each Fiscal Year pursuant to Sections C. and D. on each Assessor's Parcel for a period not to exceed 30 years including the Initial Fiscal Year. "Assessor's Parcel" means a parcel of land as designated on an official map of the San Bernardino County Assessor which has been assigned a discrete identifying parcel number. Commercial/Retail!Oftice!industrial Property" means property zoned for commercial, retail, office or industrial uses or other non-residential uses. "Common Council" means the Common Council of the City of San Bernardino. 48221-4005-1963.1 2004-210 "Residential Property" means for any Fiscal year all Taxable Property for which a foundation building permit for single family or multi-family units was issued prior to May 1 preceding the Fiscal Year in which the Special 'Fax is being levied. "Facilities" means the Fire Station Services as may be identified in the Community Facilities District Engineer's Report prepared for CFD No. 1033 on file in the Office of the City Clerk, or the continued operation and maintenance of the Verdemont Fire Station, including but not limited to payment of compensation of employees, including salaries and benefits, maintenance and operation of fire safety vehicles and the fire station structures, any other expenses required to keep the such equipment and improvements in tit operating condition and any incidental expenses (collectively, the '`O&M Expenses") to be financed by CFD No. 1033 pursuant to the Act. "Fiscal Year" means the period starting on July 1 st and ending the following June 30th. "In-Lieu Fee" means a one-time fee, which fee shall be deposited into an interest bearing reserve account for future O&M Expenses in the following amounts and for which a further explanation of the In-Lieu Fee will be described in an estimated cost report: Residential Zone $6.349.88 per residential dwelling unit as an In- Lieu Fee Commercial. Retail, Office Zone $44.358.47 per acre of development as set forth on a site plan of development as an In-Lieu Fee Industrial Zone $44,358.47 per acre of development as set forth on a site plan of development as an In-Lieu Fee "Land Use Class' means any of the classes of Property listed in Table I and Table 2, below. "Project" means any project undertaken for the purpose of development involving the approval or issuance of any permit or entitlement for use by any governmental agency and includes all such permits and entitlements for use whether classified as quasi- legislative, quasi-judicial or ministerial in nature. including. but not limited to, the adoption, amendment, approval or issuance of any general plan. specific plan, master plan, zoning ordinance, tentative subdivision map, tentative parcel map, final subdivision map, final parcel map, variance, conditional use permit. site plan, plot plan, development plan, annexation, public utility connection, building permit and certificate of occupancy. I "Taxable Property" means all Assessor's Parcels within the boundaries of CFD No. 1033 which are not exempt from the Special Tax pursuant to the Act and the provisions of Section E. herein. 4821-400i-1968 I 2004-210 i B. Assignment to Land Use Classes As soon as practicable, as of May 1 for the next succeeding Fiscal Year. all Taxable Property within CFD No. 1033 shall be categorized as Residential Property or either Commercial/Retail/Office/Industrial Zone Property. Taxable Property shall be subject to a Special Tax pursuant to Sections C. and D. below. C. Special Tax 1. Residential Property The Special Tax for each Assessors b° retepencel to Table classified and I edpara lraph s that shall be the amount determined follow Table 1. Table 1 Special Tax Rates for Residential Property (For the Initial Fiscal Year 2004-05) • Special Land Use Class Land Use Description Tax Per Unit (2004-05) l Single Family Detached Unit 5350.00 Multi-Family Unit/Attached Dwelling Unit $350.00 In determining the Special Tax %khich may be levied in any Fiscal Year, on July 1. 2005. and on each July 1 thereafter. the Special Tax shall be increased by an amount not to exceed 2 % of the amount in effect for the previous Fiscal Year, up to the Fiscal Year commencing July 1. 2033. The Special Tax shall terminate as to such Assessor's Parcel at the close of the thirtieth (30`h) Fiscal Year following the beginning of the Initial Fiscal Year 200.1-2005, i.e., the Special Tax shall terminate as of June 30, 2034. 2. Commercial/Retail/Office/Industrial Zone Property The Special Tax for each Assessor's Parcel classified as either Commercial, Retail, Office, or Industrial Zone Property shall be the amount determined by reference to Table 2 and the paragraphs that follow Table 2. Table 2 Special Tax Rates for Commercial/Retail/Office/Industrial Zone Propel (For the Initial Fiscal Year 2004-05) Special Land Use Class Land Use Description Tax Per Acre (2004-05) Commercial $2.445.00 Retail 52,445.00 4 Re Retce $2.445.00 5 52.445.00 6 Industrial 4821-400-5-1968 1 2004-210 In determining the Special Tax which may be levied in any Fiscal Year, on July 1. 2005. and on each July 1 thereafter, the Special Tax shall be increased by an amount not to exceed 2 % of the amount in effect for the previous Fiscal Year, up to the Fiscal Year commencing July 1, 2033. The Special Tax shall terminate as to such Assessors Parcel at the close of the thirtieth (30t1i) Fiscal Year following the beginning of the Initial Fiscal Year 2004-2005. i.e.. the Special Tax shall terminate as of June 30, 2034. D. Method of Apportionment of the Special Tax Commencing with Fiscal year 2004-05, and each Fiscal Year thereafter, the Council shall determine the Special Tax to be collected from Taxable Property in CFD No. 1033. The Council may levy the Special Tax on all Assessor's Parcels of Development Property by levying the Special Tax for Land Use Classes 1, 2, 3, 4, 5 and 6. E. Limitations The Council shall not levy a Special Tax on properties owned by the State of California, federal or other local governments. except as otherwise provided in Sections 53317.3 and 53317.5 of the Act. Property which becomes the property of the State of California, the federal government or other public agency is liable for the Special Tax levied in the Fiscal Year during which such transfer occurs and will be subject to the Special Tax in each Fiscal Year thereafter under the original Land Use Class for such Assessor's Parcel. Such Assessor's Parcel may be exempted. at the direction. and in the discretion. of the Council in any Fiscal Year. F. Prepayment of the Special Tax Any owner of property within CFD No. 1033 may discharge the Special Tax obligation in full or in part, by making payment pursuant to the applicable Sections F. 1. or F. 2 as follows: 1. Upon the Approval of a Tentative or Parcel Map At the time of approval of a tentative or parcel map, the owner of such residential unit may prepay the Special Tax in frill or in part by making a cash payment to CFD No. 1033, in which case the Special Tax for the Initial Fiscal Year. and each Fiscal Year thereafter. shall be reduced according to the following steps: i a. Determine the maximum prepayment if the owner were to prepay the Special Tax in entirety. For example, for Projects approved prior to July 1, 2005, the maximum prepayment for each residential unit is $6,439.88 and for each acre of development as set forth on a site plan of development for Commercial/Retail/Office or Industrial zone property is $44.358.47. b. Determine the property's revised Special Tax by multiplying the property's applicable Special Tax for the Initial Fiscal Year determined 4821.400i-1968 I 2004-210 pursuant to Section C. 1. by one minus the quotient obtained by dividing the cash payment made by the owner pursuant to this Section F. 1 .b. by the maximum prepayment obligation determined pursuant to Section F. 1 .a. The property's revised Special Tax for the Initial Fiscal Year. and each Fiscal Year thereafter, shall be the Special Tax for the applicable land use designation (Residential or Commercial/Retail/Office/Industrial zone Property) for purposes of Sections C. and D. herein. 2. After the Approval of the Tentative Map/Parcel Map After the time a tentative or parcel map has been approved, and prior to May 1 for the next succeeding Fiscal Year, the owner of such parcel may prepay the Special Tax in full or in part by making a cash payment to CFD No. 1033. in which case the Special "fax for the applicable Fiscal Year, and each Fiscal Year thereafter, shall be reduced according to the following steps: a. Compute the present value of the Special Tax using a period equal to the lesser of the remaining tern for which the Special Tax may be levied on such parcel: then b. Multiply the amount determined in Section F.2.a; above, by the owner's desired prepayment percentage (which shall be a minimum of twenty percent (20%) of the present value of the total Special Tax) to determine the prepayment amount subject to additional adjustments as specified below; then C. Add the following to the result of Section F.2.b.: 0 Unpaid special taxes, interest and penalties. if any. .vh1ch have been entered on the Assessor's tax roll: and iv) a$75 administrative charge per Assessor Parcel. d. The Special Tax applicable to property utilizing a prepayment percentage less than 100% shall be revised in the Fiscal Year following the date of prepayment by multiplying such property's Special ecial Tax by the prepayment ercentage actually determined in Section F.2.b. Such P _ _ property's revised Special Tax for the Fiscal Year following the date of prepayment, and each Fiscal Year thereafter, shall be the Special Tax for such property for purposes of Sections C. and D. herein. In no event shall the In-Lien Fee be increased by more than 2% per year nor shall the Tax be increased by more than 2% per year, based upon a cost inflation formula to be continued in the Estimated Cost Report and the Engineer's Report and made a part of the formation documents for the District, from the previous year for any property located within the District that was previously assessed and charged with the Tax in the immediately preceding year. The J 8?I-4005-1468.1 2004-210 Special Tax and the In-Lieu Fee shall be recalculated annually to reflect (i) any changes in the O&Ivi Expenses, (ii) the annexation of additional property into the District. (iii) the payment of the O&M Expenses, or any portion thereof, with fiends other than the Tax. (iv) the amount of In- Lieu Fees available to be applied for the applicable for which the calculation is being made, and (v) any other changes which may affect the estimated O&M Expenses for such year. G. Manner of Collection The Special Tax will be collected in the same manner and at the same time as ordinary ad valorem real property taxes. The Special Tax shall be subject to the same penalties and the same procedure. sale and lien priority in case of a delinquency as provided for with ad valorem taxes. The collection of the Special Tax shall otherwise be subject to the provisions of the Act. The Common Council reserves the power to provide for alternative means of collection of special taxes as permitted by the Act. H. Termination of Special Tax Levy Provided that Special Taxes previously levied on an Assessor's Parcel are not delinquent. the lien of special taxes of CFD No. 1033 shall terminate as to such Assessor's Parcel at the close of the thirtieth (30) Fiscal Year following the beginning of the Initial Fiscal Year for such Assessor's Parcel. Furthermore, provided an owner within CFD No. 1033 fully and completely discharges their special tax obligation pursuant to Sections F.1 and/or F.2. the lien of special taxes of CFD No. 1033 shall terminate. Pursuant to Section 53330.5 of the Act, the Common Council shall. upon written request, cause to be recorded in the official records of San Bernardino County a Notice of Cessation of Special Tax Lien for each Assessor's Parcel upon termination of the lien on such Assessor's Parcel. I. Review/Appeal Board The Council shall establish. as part of the proceedings.and administration of CFD No. 1033, a special Review/Appeal Board. Any landowner who feels that the amount of the Special Tax, as to their Assessor's Parcel, is in error may file a notice with the Review/Appeal Board appealing the amount of the levy. The Review/Appeal Board shall interpret this Rate and Method of Apportionment of the Special Tax and make determinations relative to the annual administration of the special tax and any landowner appeals, as herein specified. 4821-400i-1()68 I LUU4—ZIU EXHIBIT "C" SHEET 1 OF , COMMUNITY FACILITIES DISTRICT NO. 1033 VERDEMONT FIRE STATION SERVICE AREA IN THE CITY OF SAN BERNARDINO C:'JNTY OF SAN BERNARDINO, STATE OF CALIFORNIA PARCEL NO OWNER 10 CITY AGENCY OF THE CITY OF SAN BERNARDINO M CITY OF SAN BERNARDINO F3 TENTATIVE TRACT 15940 MONICA MORROW. ET AL no,[cr OS TENTATIVE TRACT 16457 COVENANT/OASIS SAN BERNARDINO. LLC LOCH — — — - --------- SHEET 2 ---- i •,,� t i - - - - - - - - - - - - - - - � SHEET 3 I •74 Z = • I I I \ I _ _ b — • L - - - - - - - - - -�•`` '` '6 159 +� • n 16457 LAND L * Exp.12-31-04 L - - - - - - - - - - - - - � ft 7653 9j£OF CALF p� ,....•�ma K�Kf,a.RUR FILED AT REQUEST Of CITY CLERK fe r..s R.wu•n e.orr[•r W[. 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I 2004-210 EXHIBIT "C" SHEET 2 OF 3 COMMUNITY FACILITIES DISTRICT NO. 1033 VERDEMONT FIRE STATION SERVICE AREA IN THE CITY OF SAN BERNARDINO j COUNTY OF SAN BERNARD'NO, STATE OF CALIFORNIA --- -f---------- r 1' L O � A 1 ■1 R � I Iti • O • I1 ►RK WA I J 1 1 L 1 a1 I I sp•t ® 1 1 \ UN r.WA rA I i wa¢I i s � ; \ LoAc 1121 ! 1J \ SAM q �K NfK T J� VA NA 1. awmL 1 1 �ri Q v v o v r . v �owlo A� T n LVV4—L1V SHEET 3 3 EXHIBIT „C„ COMMUNITY FACILITIES DISTRICT NO. 1033 VERDEMONT FIRE STATION SERVICE AREA IN THE CITY OF SAN BERNARDINO COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA J TT 15940 `•• i ® • e' Y• • • w`' `�. • °' �' _ r TT 6457 � • J I O'V10 lie�cr r•Vr SECTION 8 Verdemont Infrastructure Fee Increase VERDEMONT INFRASTRUCTURE FEE INCREASE-EDA Loan and Fire Station (DRAFT dated 3/27/03) SUMMARY OF FINANCING ASSUMPTIONS Amount of VIF $ 3,000.00 EDA Loan $ 1,730,870.00 Total units 1,411.49 Fire Station $ 1,700,000.00 Total VIF-10 yrs $ 4,234,474.45 Other $ Annual Debt Svc $ 423,447.44 Total Imps $ 3,430,870.00 1. Summary of Public Improvement Costs in Verdemont Principal Annual Type of Infrastructure Cost Cost 1. 1993 EDA loan $ 1,730,870.00 $ 224,155.58 assumes amortization for 10 years interest rate of 5% 2. Fire Station-State $ 1,700,000.00 $ 199,291.86 assumes amortization for 10 years Inf Bank Loan interest rate of 3% 3 Other Improvements $ - $ - assumes amortization for 10 years &Prepayment of Loans interest rate of 0% Total Costs $ 3,430,870.00 $ 423,447.44 H. Summary of Total Annual Cost per Public Improvement Costs per Year to Finance all Verdemont Improvements EDA Fire Other Impr TOTAL PER Units per Annual Years Loan Station &Loan Prepay YEAR Year Fee 1 $ 224,155.58 $ 199,291.86 $ $ 423,447.44 141.15 $ 3,000.00 2 $ 224,155.58 $ 199,291.86 $ $ 423,447.44 141.15 $ 3,000.00 3 $ 224,155.58 $ 199,291.86 $ $ 423,44744 14115 $ 3,000.00 4 $ 224,155.58 $ 199,291.86 $ $ 423,447.44 141.15 $ 3,000.00 5 $ 224,155.58 $ 199,291.86 $ $ 423,447.44 14115 $ 3,000.00 6 $ 224,155.58 $ 199,291.86 $ $ 423,447.44 141.15 $ 3,000.00 7 $ 224,155.58 $ 199,291.86 $ $ 423,447.44 141.15 $ 3,000.00 8 $ 224,155.58 $ 199,291.86 $ $ 423,447.44 14115 $ 3,000.00 9 $ 224,155.58 $ 199,291.86 $ $ 423,447.44 141.15 $ 3,000.00 10 $ 224,155.58 $ 199,291.86 $ $ 423,447.44 141.15 $ 3,000.00 TOTAL $ 2,241,555.84 $ 1,992,918.61 $ $ 4,234,474.45 1,411.49 DEBT SV 111. Calculation of Verdemont Infrastructure Fee A. Single Family Units to be Built 1,411 SF Units Time period within which units expected 10 years of build out Annual SF Units per year 141.15 per year B. Total cost for 10 years- 10 yrs at $ 423,447.44 per year 10 year cost $ 4,234,474.45 Cost per unit $ 3,000 per unit VERDEMONT INFRASTRUCTURE FEE INCREASE-EDA Loan and Fire Station (DRAFT dated 3/27/03) SUMMARY OF FINANCING ASSUMPTIONS Amount of VIF $ 3,000.01 EDA Loan $ 1,730,870.00 Total units 2.123.00 Fire Station $ 1,700,000.00 Total V1 F-10 yrs $ 6,369,024.45 Other $ 2,134,550.00 Annual Debt Svc $ 636,902.44 Total Imps $ 5,565,420.00 I. Summary of Public Improvement Costs in Verdemont Principal Annual Type of Infrastructure Cost Cost 1. 1993 EDA loan $ 1,730,870.00 $ 224,155.58 assumes amortization for 10 years interest rate of 5% 2. Fire Station-State $ 1,700,000.00 $ 199,291.86 assumes amortization for 10 years Inf Bank Loan interest rate of 3% 3.Other Improvements $ 2,134,550.00 $ 213,455.00 assumes amortization for 10 years &Prepayment of Loans interest rate of 0% Total Costs $ 5,565,420.00 $ 636,902.44 II. Summary of Total Annual Cost per Public Improvement Costs per Year to Finance all Verdemont Improvements EDA Fire Other Imp TOTAL PER Units per Annual Years Loan Station &Loan Prepay YEAR Year Fee 1 $ 224,155.58 $ 199,291.86 $ 213,455.00 $ 636,902.44 212.30 $ 3,000.01 2 $ 224,155.58 $ 199,291.86 $ 213,455.00 $ 636,902.44 212.30 $ 3,000.01 3 $ 224,155.58 $ 199,291.86 $ 213,455.00 $ 636,902.44 212.30 $ 3,000.01 4 $ 224,155.58 $ 199,291.86 $ 213,455.00 $ 636,902.44 212.30 $ 3,000.01 5 $ 224,155.58 $ 199,291.86 $ 213,455.00 $ 636,902.44 212.30 $ 3,000.01 6 $ 224,155.58 $ 199,291.86 $ 213,455.00 $ 636,902.44 212.30 $ 3,000.01 7 $ 224,155.58 $ 199,291.86 $ 213,455.00 $ 636,902.44 212.30 $ 3,000.01 8 $ 224,155.58 $ 199,291.86 $ 213,455.00 $ 636,902.44 212.30 $ 3,000.01 9 $ 224,155.58 $ 199,291.86 $ 213,455.00 $ 636,902.44 212.30 $ 3,000.01 10 $ 224,155.58 $ 199,291.86 $ 213,455.00 $ 636,902.44 212.30 $ 3,000.01 TOTAL $ 2,241,555.84 $ 1,992,918.61 $ 2,134,550.00 $ 6,369,024.45 2,123.00 DEBT SV III. Calculation of Verdemont Infrastructure'Fee A. Single Family Units to be Built 2,123 SF Units Time period within which units expected 10 years of build out Annual SF Units per year 212.30 per year B. Total cost for 10 years- 10 yrs at $ 636,902.44 per year 10 year cost $ 6,369,024.45 Cost per unit $ 3,000 per unit SECTION 9 Calculation and Assumptions for Final Verdemont Fire Station CFD Special Tax EXHIBIT"A" Calculation and assumptions for final Verdmont Fire Station CFD special tax I. Residential Calculation and Assumptions average slze house 2200.00 assumed rate/sq ft $ 0.16 Tax Rate $ 352.00 II. Commercial, industrial and Retail Assumptions coverage factor/acre 33% land area of an acre 43,560.00 assumed net land 14,374.80 assumed rate/sq. ft $ 0.17 Tax Rate 2443.72 Calculation of Inflator Increases and Prepavmynts of Mitigation Fee Res Tax 6.00% Period Calendar rate with PV factor PV of each Number Year 2% Inflator to 12131 annual amt 1 2004 $ 350.00 1 $ 350.00 2 2005 $ 357.00 0,943396 $ 33679 3 2006 $ 364.14 0.889996 $ 324.08 4 2007 $ 371.42 0.839619 $ 311.85 5 2008 $ 378.85 0.792094 $ 30009 6 2009 $ 386.43 0.747258 $ 288.76 7 2010 $ 394.16 0.704961 $ 277.87 8 2011 $ 402.04 0.665057 $ 267.38 9 2012 $ 41008 0.627412 $ 257.29 10 2013 $ 418.28 0.591898 $ 247.58 11 2014 $ 425.65 0.558395 $ 238.24 12 2015 $ 435.18 0.526788 S 229.25 13 2016 $ 44388 0.496969 $ 220.60 14 2017 $ 452.76 0468639 $ 212.27 15 2018 $ 461.82 0.442301 $ 204.26 16 2019 $ 471.05 0.417265 $ 196.55 17 2020 $ 480.47 0.393646 $ 189.14 18 2021 $ 49008 0.371364 $ 182.00 19 2022 $ 49989 0350344 $ 175.13 20 2023 S 509.88 0.330513 $ 168.52 $ 4,977.66 21 2024 $ 520.08 0.311805 S 162.16 22 2025 $ 530.43 0.294155 $ 156.04 23 2026 $ 541.09 0.277505 $ 150.16 24 2027 $ 551.91 0.261797 $ 144.49 25 2028 $ 562.95 0.246979 $ 139.04 36 2029 $ 574.21 0.232999 $ 133.79 27 2030 $ 585.70 0.219810 $ 128.74 28 2031 $ 597.41 0.207368 $ 123.88 29 2032 $ 609.36 0.195630 $ 119.21 30 2033 $ 621.55 0.184557 $ 114-71 $ 6,349.88 per house ' t Com, Ind Red Tax 6.00% Period Calendar rate with PV factor PV of each Number Year 2% Inflator to 12/31 annual amt 1 2004 $ 2,445.00 1 $ 2,445.00 2 2005 $ 2,493.90 0.943396 $ 2,352.74 3 2006 $ 2,543.78 0.889996 $ 2,263.95 4 2007 $ 2,594.65 0.839619 $ 2,176.52 5 2008 $ 2,646.55 0.792094 $ 2,096.31 6 2009 $ 2,699.48 0.747258 $ 2,017.21 7 2010 $ 2,753.47 0.704961 $ 1,941.09 8 2011 S 2,808.54 0.665057 $ 1,867.84 9 2012 $ 2,864.71 0.627412 $ 1,797.35 10 2013 $ 2,922.00 0.591898 $ 1,729.53 11 2014 $ 2,980.44 0.558395 $ 1,664.26 12 2015 $ 3,040.05 0.526788 $ 1,601,46 13 2016 $ 3,100.85 0.496969 $ 1,541.03 14 2017 $ 3,162.87 0.468839 $ 1,482.88 15 2018 $ 3,226.13 0.442301 $ 1,426.92 16 2019 S 3,290.65 0.417265 S 1,373.07 17 2020 $ 3,356.46 0.393646 $ 1,321.26 18 2021 $ 3,42159 0.371364 $ 1,271.40 19 2022 $ 3,492.06 0.350344 $ 1,223.42 20 2023 $ 3,561.90 0.330513 $ 1,177.26 S 34,772.49 21 2024 $ 3,633.14 0.311805 $ 1,132.63 22 2025 $ 3,705.80 0.294155 $ 1,090.08 23 2026 $ 3,779.92 0.277505 $ 1,048.95 24 2027 $ 3,855.52 0.261797 S 1,009.36 25 2028 $ 3,932.63 0.246979 $ 971.28 36 2029 $ 4,011.28 0.232999 $ 934.62 27 2030 $ 4,091.51 0.219810 $ 899.35 28 2031 $ 4,173.34 0.207366 $ 865.42 29 2032 $ 4,256,80 0195630 $ 832.76 30 2033 $ 4,341.94 0.184557 $ 801.33 $ 44,358,47 per acre S7,1 1,1,477 7T t7PP71 TT O X O a0 n (D (D n n m M (D O N O (D M m m m M n N M C n n m m 0 N M N (D n m O N M W n M p N In n m N Q e E ►- y �- N N N N N N N N M M M M M M Q Q Q Q Q N {A G A •K A 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 00 0 0 0 0 0 0 O C A ili c C a o a w V% V�6,6'�0-6-ke131 V>en(n(n(n(n01 r»V9-»en(»V%0-Vf(nvs(n N O 0 Q m w O m (V N n m m M m to Q (D w .- m CO n m O a0 n m (O n n m M (D O O O m M m m M n n M d v n n o0 m 0 N M w m n m O N M N n tb p N In n m Q > m p E N N N N N N N N OM M M M M M Q Q Q Q Q N N V _ 00000006600060000000000006 W w W z V> Vi 60 Vi Vi VI•Vs M V).Vi 0f Vi V!bO bo to to 6%Vf Vf 6%V%Vr Vf 0. 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O E E O N N N N N N N N N N N N N N N N N N N N N N N N N o d E O LL E�_ X x 0 C 0 3 W w 0 0 n > m v N W N M Q 0 W n N m O N M Q N tD n m m 0 N M Q Ln N N N N 5 u Ou -ma D U .N C ar E m D > 2 � m ; m E U .` 1 x 4) 00 w x SECTION 10 Calculation of Revenues Available for CFD O & M Special Taxes O O M O W N O (A M N M N In M tD In O O tO N Q M O_ (O O U K O t0 N (O N M O tO n (D M In M fD n fn to ro M CO Q tO n C C 10 E N N M M Q N (D (0 n a0 N •fC 0 « r . r r r r r N D n N N a0 M O M M M N M (M D tM O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Q oQ Nviv5,b%0. nwrs09.»0sen0.VS6-k 61sa).en»»a9.Nr»en» 0 O (00NWINMOOnw NNNwnmD) O00o Mw Q0wn0 d d N N M M Q N tO tO n tO (n 0 c,', M Q O n co O M lt) w O > Y E r r r r r r r r r r r N N N N N Cl! 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O - — '- - — — — — N N N N N N N N M M M M M M Q Q U) ui Q � wNU CD o R M M M M M M M M M M M M M M M M M M M M M M M (� N 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 oo 0 0 0 0 0 0 R (n (n (n (n (n000nr- (l. nt- t- r- 0000QQQQOo (j C y y( M M M M M W W W W M M U) N N 0 U) N U) W Q Q Q Q Q Q d n a p ` a x O y a 0 R w 00 o o o o 0 o o o o o o M M M M o o o o 0 0 o o n � _ N 0 0 0 0 0 0 0 0 0 O O O M M M M O 0 0 0 c0 0 o ao fD M O b R O O o O O Q Q Q N N N — — — — r- — — — 0 0 0 0 0 0 LL, O E U 3 N N N N N U - v R W R x V r- 2 W C 0 .CD C H N M M O O O M U) N U) 0 0 0 0 U) U) U) M O O .- 0) w 41 - - — r — N N N N N N N N M M R N > C U O M R mpER a� a� > C9 75 U. wni EU � .E (u w d N O - C N N N 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O o O O N N N N N N N N N N N N N N N N N N N N N N N N N N O U) zm U- C E E ` M w e O N y d V O u, to x x 'E R C w n w W > O � N N M Q N (D n w M O N M Q (n (D r M M C04 , CN N N N DI Ot R 7 V R C _ O O Q (� ` wzF- Received: Feb 9 2007 04:34pm 02/05;2007 16:38 9497279927 PAGE 01/02 BARRY A . Ross A T T O R N R Y A T I, A W 7700 IRVINE CCHTER D]llva euITR 710 949.727-0977 TRVINL, CAT.IPORNIA 9 2 6 16-2 92 9 PAX 949,727.9927 ronebarry@nol.com February 9, 2007 Via Facsimile 909-384-5238 and U.S. Mail Henry Fmpeno, Jr., Sr. Deputy City Attorney City of San Bernardino 300 N. "D"Street San Bernardino, CA 92418 Re: VTD, LLC Industrial Development Project:- 10.28 acre parcel 5404/5414 Industrial Parkway, San Bernardino Dear Mr. Empefio: As you know, I represent VID,LLC (formerly known as Vic-Vin Enterprises, LLC entity owned by Victor Di Pietro, concerning the above-referenced development project ), a business A City Council meeting is set for February 20,2007 in order for VTD to appeal a decision of the Planning Commission relating to the disputed fire station impact fees. VID wishes to withdraw its appeal and proceed with the development project. As to the disputed fire station impact fees, VTD accepts your previous offer to become included within the assessment district and pay the fire station impact:fees over the next 20 years, rather than in a Jump sum payment at this time. You previously stated that the Ci Ty will. incur all.costs and do all the work necessary to absorb VID into the assessment district. Please confirm in writing within ten (10)days that this understanding is correct. In terms of proceeding with this project, I previously told you that VID paid to the City an extr expedite this project on.a fast track basis in the approximate amount of$13,000. As a fee you know,this to project has not been expedited. This project has proceeded on a slow track or no track basis. From thia Point forward_ VTD wishes to obtain the benefit of the$13,000 payment to the City in order to expedite this project on a fast track basis_ Please confirm in writing within ten (10) days if there d any reason why this project cannot be fast tracked from this point forward. Confirrrniug our recent telephone conversation regarding the two different types of traffic impact fees, You represented that the VID project will be subject only to one of the traffic impact fees, but not both of them. See my prior correspondence. Please confirm this understanding in writing within ten (10) days. VID has previously considered seeking the assistance of the Redevelopment Agency in order to facilitate this project. After further consideration, VID will not be seeking Redevelopment Agency assistance because of the conditions required as part of this assistance. There will be no Redevelopment Agency g Y �0" 3-r I ���� Received: Feb 9 2007 04:35pm 02/0y;2007 16: 38 9497279927 PAGE 02/02 Henry Empeno, Jr., Sr.Deputy City Attorney City of San Bernardino February 9, 2007 Page 2 involvement in the completion of this project. If you have any questions, please call me. Very truly yours, A, BAR Y A. ROSS BAR:es cc: Victor Di Pietro Kenncth Fields,Esq. Alex Gutierrez,Hogle-Ireland, Inc. .Tim Fulmer Tim Sabo, Esq. Fred Wilson, City Administrator/City Manager James F. Penman, Esq., City Attorney �Pce� 'ei Jan 19 2067 10 00a 9497L799-27 PAGE 01/01 BARRY A . Ross A 1 1 p R ti' E Y A r L A W 7700 IRVIN[ ,;I!Y7ER DRIV5 949,717.0977 SVITa 710 r,nz 949.727.992: 1RV111r., CALIrCRY1.1 925192929 ras3barry@nol.roaa January 18. 2007 6"ia FaCsinrde 909-384-5238 and U.S. Mail Henry Empeno, Jr., Sr. Deputy City A~orncy Cih% of San Bemardino 300 N_ -D- Street San Bernardino, CA 924 i 8 Re: Vic-Vin Industrial Development Project Dcar Mr. Empcflo: T-hi.l will confirm our telephone conversation of January 17, 2007 On `)ehalf of Vic-Vin Enterprises, Inc., I request that the tentative parcel map and development permit currently set for the City Council Meeting of.lanuary 22, 2007 be continued to February 20, 2007. I am enclosing the continuance fee of 575.00. The reason for the continuance is that there have been discussions with Tim Sabo, Redevelopment Agencv counsel, concerning the prospect of Redevelopment Agency financial assistaucc in order to facilitate the Vic-Vin Enterprises, Inc. project and the parties wish to have an opportunity to negotiate an owner-participation agreement with regard to eligible financial assistance prior to the time that this matter is submitted to the City Council. . If a staff report was prepared for the January 22, 2007 City Council meeting, please provide me with a cope of the staff report. Vert,tniiy yours, 4 P, BARRY A. ROSS BAR:es cc Victor Di Pietro Kenneth Fields. Esq. Tim Sabo, Esq. Alex Gutierrez_ Hogle-Ireland, Inc o7l j46 I NUV ib- 6 u:4 4 49 � .:L; ? :'i r.°464 J0--uc6 21 1:i7,7-1 -GE 01/02 Y B A R R Y A . R o s s A T r p R N C 1' ,\ I- L A N' 7700 iRV:Vi. CSVTER DRlvr. 947-727.0977 S11IT6 71 J *�x o40•;:7.9927 IRvrvr,. CALIFORIZA 42615 7929 rr)a9hgrry(aol.entn November 28, 2006 Via Facsimile 909-3,R4-5238 and U.S. Mail Henry Empeno, Jr., Sr. Deputy City Attorney Cit- of San Bernardino 30C N. `D" Street San Bernardino,CA 92418 Re: Vic-Vin Industrial Dcvelopmer-t Project 10.3 Acre. Parcel Dear Mr. Empeno: On behalf of Vic-Vin Enterp, riscs. Inc.. I request that the tentative parcel map and development permit currently set for the City Council Meeting of December 4, 2006 be continued to January 22, 2007. I am enclosing the continuance fee of$75.00. The reason for the continuance is that there have been discussions with Tim Sabo, Redevelopment Agency counsel, concerning the prospect of Redevelopment Agency financial assistance in order to facilitate the Vic-Vin Enterprises, Inc. project and the parties wish to have an opportunity to meet and confer with regard to eligible financial assistance prior to the time that this matter is submitted to the City Council. Vic-Vin Enterprises, Inc. wishes to meet with the staff of the Redevelopment Agency in the morning of December 1 I or 12 of 2006. Please advise as to the appropriate contact person to schedule this meeting. As we also discussed, please provide me with a copy of the Staff Report for the December 4, j 2006 meeting and any new documents that have not previously been presented to me in connection with the prior Planning Commission meeting. Very tnily yours, 1A r B:'VRRY ROSS BAR:es A . 7 //-� 0� IIUV-L9-UU IL:La �4:fL'J9Li uL n Yvti ruu ucu j 11/23/2006 03: 21 9497279'.127 PAGE 02/02 cc. Victor Di Pietro Kenneth Fields, Esq. Terri Rahha , Planning Director Valerie Ross, Development Director Tim Sabo, Esq. (Via facsimile 909-384-5080) Alex Gutierrez, Hogle-Ireland, Inc. i i I i t i I CITY OF SAN BERNARDINO-REQUEST FOR COUNCIL ACTION om: Valerie C. Ross, Director Subject: Appeal No. 06-15 —Appeal of Planning Commission approval of Tentative Parcel Map No. Dept: Development Services 17052 and Development Permit II No. 04-54 to request elimination of a mitigation measure requiring a fair-share contribution to the long-term operation and maintenance of the Verdemont Fire Station. The project site is located on the south side of Industrial Parkway between Cable Creek and Devil Creek in the III, Industrial Heavy land use district. Date: November 13, 2006 MCC Date: December 4, 2006 Synopsis of Previous Council Action: None Recommended Motion: That the hearing be closed and that the Mayor and Common Council deny the appeal and uphold the Planning Commission approval of Tentative Parcel Map No. 17052 and Development Permit II No. 04-54, based upon _endings of Fact contained in in the Planning Commission Staff Report dated October 3, 2006, subject to the inditions of Approval and Standard Requirements approved by the Planning Commission. Valerie C. Ross Contact person: Aron Liang, Senior Planner Phone: 384-5057 Supporting data attached: Staff Report Ward(s): 6 FUNDING REQUIREMENTS: Amount: N/A Source: (Acct. No.) (Acct Description) Finance: ,)uncil Notes: J-//0 G Agenda Item No. _6 CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT SUBJECT: TENTATIVE PARCEL MAP NO. 17052 (SUBDIVISION NO. 04-35) & DEVELOPMENT PERMIT II NO. 04-54 (APPEAL NO. 06-15) Owner/Applicant: Appellant: Victor Dipietro Barry A. Ross Vic Vin Enterprises, LLC Attorney at Law 16400 Southcenter Parkway No. 308 7700 Irvine Center Drive, Ste. 710 Seattle, WA 98188 Irvine, CA 92618-2929 206.394.9630 949.727.0977 BACKGROUND The Planning Commission approved Tentative Parcel Map No. 17052 and Development Permit Type II No. 04-35 (the Vic Vin Project) on October 3, 2006, 2006. The project site is located on the south side of Industrial Parkway between Cable Creek and Devil Creek in the IH, Industrial Heavy land use district (Exhibit 1). The Planning Commission approval authorized the subdivision of approximately 10.33 acres into two parcels and construction of two industrial buildings of approximately 49,616 square feet and approximately 138,078 square feet (Exhibit 2). The Planning Commission approval was unanimous, with Commissioners Enciso, Heasley, Mulvihill, Munoz, Rawls, and Sauerbrun voting in favor of the project. Commissioners Coute, Durr, and Longville were absent. At the October 3, 2006, Planning Commission hearing, Mr. Barry A. Ross represented the applicant, Vic Vin Enterprises, LLC. Mr. Ross spoke in favor of the Vic Vin project and said that the conditions of approval were all acceptable to the applicant except for one of the mitigation measures included as a condition of approval. The mitigation measure requires a fair-share contribution to the long-term operation and maintenance of the Verdemont Fire Station. Mr. Ross explained the reasons for the applicant's objection to this requirement, as stated in a letter to the Planning Commission dated October 3, 2006. Barry A. Ross filed an appeal of the Planning Commission approval of the Vic Vin Project on October 12, 2006 (Exhibit 3). The appeal requests elimination of the Verdemont Fire Station mitigation measure and refers to the October 3, 2006 letter presented to the Planning Commission to explain the grounds for the appeal. Therefore, staff has attached the October 3, 2006 letter as part of the appeal application (Exhibit 3). Timothy J. Sabo, of the law firm of Lewis, Brisbois, Bisgaard & Smith, attended the October 3, 2006 Planning Commission hearing and responded on behalf of the City to the arguments presented by Mr. Ross in objection to the Verdemont Fire Station mitigation measure. Mr. Sabo served as special counsel to the City on infrastructure financing issues within the Verdemont area, including the Verdemont Fire Station. Mr. Sabo presented a detailed history of how construction of the Verdemont Fire Station was financed and how the impact of new Appeal No. 06-15 TPM No. 17052&DPII No. 04-54 Hearing Date:December 4, 2006 Page 2 development on emergency services was quantified to determine the impact mitigation required pursuant to the California Environmental Quality Act (CEQA). Mr. Sabo explained Section XIII of the Initial Study (Attachment E to Exhibit 2), which contains an analysis of potential impacts of the project on Public Services. The impact of the project on the City's ability to deliver emergency services according to the response standards adopted by the Council is identified as a potentially significant impact, requiring mitigation. The mitigation measure presented in the Initial Study and the Mitigation Monitoring/Reporting Plan(MM/RP) and incorporated by reference in the conditions of approval is the subject of the appeal. The mitigation measure requires payment of the project's fair share of the cost of long-term operation and maintenance of the Verdemont Fire Station and offers two alternative means of satisfying this obligation: (1) Payment of the in-lieu fee established by Resolution No. 2004-107; or (2) Execution of an irrevocable agreement to annex to Community Facilities District No. 1033. Detailed background information supporting the mitigation measure is attached in Exhibit 4, the supporting documents presented by Mr. Sabo to the Planning Commission. FINANCIAL IMPACT None. The applicant paid the appeal fees. RECOMMENDATION That the hearing be closed and that the Mayor and Council deny the appeal and uphold the Planning Commission approval of Tentative Parcel Map No. 17052 and Development Permit II No. 04-54, based upon Findings of Fact contained in in the Planning Commission Staff Report dated October 3, 2006, 2006, subject to the Conditions of Approval and Standard Requirements approved by the Planning Commission. EXHIBITS: 1. Location Map 2. Planning Commission Staff Report 3. Appeal Application, including October 3, 2006 letter from Barry A. Ross to the Planning Commission 4. Background documents presented to the Planning Commission by Timothy J. Sabo on October 3, 2006, 2006 0f'iZ14A N _ 2 �o. '��fD 1P116 INTER OFFICE MEMORANDUM OFFICE OF THE CITY ATTORNEY CITY OF SAN BERNARDINO TO: Rachel Clark, City Clerk FROM: Henry Empeiio, Jr., Sr. Deputy City Attorney RE: December 4, 2006 Council Meeting, Agenda Item No. 36 Vic-Vin Industrial Development Project Appeal DATE: November 30, 2006 Enclosed please find a check in the amount of$75.00 from Attorney Barry A. Ross regarding the above-captioned matter. The check reflects a continuance fee as Mr. Ross requests that the appeal presently scheduled to be heard for the December 4, 2006 Council Meeting be continued to January 22, 2007 (copy of letter from Mr. Ross attached). Should you have any questions, please contact me. 5�O���' Henry Empeno, Jr. Sr. Deputy City Attorney cc: James F. Penman, City Attorney S 1 BARRY A.ROSS 087 ATTORNEY AT LAW 7700 Irvine Center Drive,Suite 710 /" 16-24/1220 4584 Irvine,California 92618 f7 5204112287 949-727-0977 PAY TO �,�• �,THE DATE/��jy DATE ORDEROF ✓` Y' . 2 DOLLARS � k = 1=1 a Is sank N.A. eNsf n w eHsfarg ocom FOR (9 tL� 1///j � � � ca� r•'u t' ,g p•'rvf1 P'kk lf!r^ BARRY A . Ross A T T O R N E Y A T L A W j - 6 ' r 7700 IRVINE CENTER DRIVE J. 949'.0727.0977 SUITE 710 FAX 949•727.9927 IRVINE, CALIFORNIA 92618-2929 rossbarry@aol.com November 28, 2006 Via Facsimile 909-384-5238 and U.S. Mail Henry Empe no Jr. Sr. Deputy City Attorney City of San Bernardino 300 N. "D" Street San Bernardino, CA 92418 Re: Vic-Vin Industrial Development Project 10.3 Acre Parcel Dear Mr. Empeno: On behalf of Vic-Vin Enterprises, In c. I request that the tentative parcel map and development re q permit currently set for the City Council Meeting of December 4, 2006 be continued to January 22, 2007. I am enclosing the continuance fee of$75.00. The reason for the continuance is that there have been discussions with Tim Sabo, Redevelopment Agency counsel, concerning the prospect of Redevelopment Agency financial assistance in order to facilitate the Vic-Vin Inc. project and the parties wish to have an opportunity to meet and confer with Enterprises, p � p r is su submitted to the regard to eligible financial assistance prior to the time that this matte City he staff of the Redevelopment Agency Council. Vic-Vin Enterprises, Inc. wishes to meet with t p in the morning of December 11 or 12 of 2006. Please advise as to the appropriate contact person to schedule this meeting. As we also discussed,please provide me with a copy of the Staff Report for the December 4, documents that have not previously been presented to me in 2006 meeting and an new do P g y connection with the prior Planning C ommission meeting.. Very truly yours, BARRY . ROSS BAR:es cc: Victor Di Pietro Kenneth Fields, Esq. Terri Rahhal, Planning Director Valerie Ross, Development Director Tim Sabo Esq. (Na facsimile 909-384-5080) Alex Gutierrez, Hogle-Ireland, Inc. CITY OF SAN BERNARDINO 740703 MISCELLANEOUS CASH RECEIPT No. r-*:g r •,C.+ •r]�1 y1 It`s ',D — n 9Date: � Received From: S ACCOU N T NO. AMOU T B�• ��� G�Department: Total 76 . DISTRIBUTION: White-Customer:Canary-Cashier, Pink-Department;Goldenrod-Dept. Numeric Controi 1:11Y OF SAN BEkNAkDINO CASHIERING Ciper': r-6iJMEZ type: OG Drawer: 1 fat:_: 12,1,01./06 ks? RECeipt Too: 15 13y De5cr'ipti0n U�uantity mount ii Misc SHOPI HIM 1.00 bi5.00 Tei&r detail CM LKIEK - hi l&dt 3;5.00 lot-1 'enu,ered 00 Tutai payeent tr-.0 trans date: 11/30/06 fig-­ 16.16:06 +. THANK YOU FOR YOUk PAYMOil **#