HomeMy WebLinkAboutS3- Public Works CITY OF SAN BERN 'RDINO - REQUEST F R COUNCIL ACTION
File do. 7.01-29
Authorization to Execute Agreement
From: ROGER G. HARDGRAVE Subject: with Caltrans & Stubblefield Con-
struction Co. - Access for Parcel
Dept: Public Works North of Highland Avenue, and
east of Route 330
Date: 2-08-93
Synopsis of Previous Council action:
05-18-87 -- Recommendation from the Legislative Review Committee,
on provision of access to property abutting Route 330 ,
approved.
10-02-87 -- Draft Freeway Agreement for Route 30/330 referred to
Transportation Committee for review and recommendation.
Recommended motion:
Adopt resolution.
cc : Shauna Clark
Al Boughey
Will Wright
Jim Penman
Signature
Contact person: Roger G. Hardqrave Phone: 5025
Staff Report, Agreement
Supporting data attached: & Resolution Ward: 4
FUNDING REQUIREMENTS: Amount: N/A
Source: (Acct No.)
(Acct. Description)
Finance:
Council Notes:
,�, Agenda Item No.
"CITY OF SAN BERNP IDINO - REQUEST V-31 COUNCIL ACTION
STAFF REPORT
Page 1 of 2
There is a parcel north of Highland Avenue, and east of
Route 330 , that is owned by the Stubblefield Construction Co.
Caltrans is in the process of acquiring a portion of this parcel
to accommodate the improvement of Route 330 .
Access to this parcel has historically been provided by a
rectangular box culvert under Route No. 330 , commonly referred to
as the Barnes undercrossing, and a private access road to the
north. This private access road terminated at a gate in the
fence along the Route 330- highway.
Caltrans will be constructing a public street from
Highland Avenue north to this parcel . Primary access to this
parcel will be provided by this street, referred to as the "East
Frontage Road, " in the proposed Agreement. However, a second
means of access is required by the City' s Development Code for
any new development.
The proposed Agreement provides , in general , that the City
will accept the East Frontage Road and Secondary Access (private
access road) as legal conforming access to allow development of
this parcel. Furthermore , that the City will accept both roads
for maintenance, and will not abandon either road without consent
of the property owner.
Since Route 330 has been upgraded to freeway status,
Caltrans cannot allow a gate at the intersection with the
Secondary Access Road. However, Caltrans recognizes that the
fence will be breached if it ever became necessary to use the
Secondary Access Road during an emergency.
The Barnes Undercrossing has been replaced by a metal
plate arch culvert, specifically designed to accommodate a fire
engine.
Provision for access will need to be agreed on, before
Caltrans can settle on the value of the portion that they are
acquiring for improvement of Route 330 .
During review of this Agreement by staff, the City
Attorney' s office requested that the following clause be added:
" l . Consideration In addition to the mutual covenants
and conditions in this Agreement, the consideration for this
Agreement is a credit to the City' s account, in the amount of
$100 , 000 , against any Judgement which is ultimately entered in
favor of the Developer and against the City, or any agreed
settlement, in San Bernardino County Superior Court Civil Action
No. 242998 ("Judgement" ) ; provided, however that if the Judgement
is less than $100 , 000 (to and including zero) , then the con-
sideration for this Agreement will be the actual amount of the
Judgement and the mutual covenants and conditions in this
Agreement. "
2-08-93
75-0264
CITY OF SAN BERNiDINO - REQUEST FOM COUNCIL ACTION
STAFF REPORT page 2 of 2
This clause is not included in the proposed Agreement,
since the property owner is not in concurrence.
The term of this Agreement is 50 years .
The issue of access to this parcel has been considered by
the Legislative Review and Transportation Committees on several
occasions . The Agreement was prepared to document the under-
standings reached during these reviews .
We recommend that the Agreement be approved.
URGENCY CLAUSE:
Caltrans established a schedule of 1-8-93 , for finalizing the
acquisition of the right-of-way from this parcel . The proposed
Agreement must be executed before this acquisition can be com-
pleted.
2-08-93
75-0264
C I T Y F S A N B E R N k R D I N Q
INTEROFFICE MEMORANDUM
TO: Mayor and Common Council -
FROM: Henry Empefto Jr. , Deputy City Attorney
DATE: February 10, 1993
RE: February 15, 1993 Council Meeting Supplemental Agenda
Item - Resolution—Authorizing the Execution of An
Agreement Between Said City and the Stubblefield
Construction Company, Relating to Access for the Parcel
North of Highland Avenue and East of State Route No. 330
CC: James F. Penman, City Attorney; Roger Hardgrave, Director of
Public Works; Al Boughey, Director of Planning & Bldg
Services; Mark Ostoich, Esq.
The Director of Public Works has proposed that the Mayor and
Council adopt the above-referenced Resolution and approve the
proposed Development Agreement. The action proposed by the
Director of Public Works is clearly invalid because it would
violate the City' s ordinances as well as state laws.
Recitals Paragraph D and Operative Provisions Paragraph 4( a) of the
proposed agreement represent it as a Development Agreement within
the meaning of Chapter 19 .40 of the Development Code and Section
65864 et. seq. of the California Government Code.
This proposed Development Agreement has not previously undergone a
noticed public hearing before the Planning Commission as required
by Development Code Sections 19 .40.030 ( 1 ) and (3 ) ; nor has the
City provided a noticed public hearing prior to the proposed
Council action as required by Development Code Sections 19.40.030
( 2 ) and (3 ) . This proposed Development Agreement has not
previously undergone environmental review as required by the
California Environmental Quality Act (CEQA) , at Public Resources
Code Section 21000 et seq. ; Development Code Section 19.40.060; and
City Resolution 90-217, the "City CEQA Guidelines" . This proposed
Development Agreement also does not comply with Government Code
Section 65867 which requires noticed public hearings prior to the
adoption of a development agreement.
The above-enumerated requirements of state and local law relate to
the processing and review of the proposed Development Agreement.
The form and legal content of the proposed Development Agreement
must also be analyzed for other legal issues.
Because the proposed Development Agreement does not comply with
state & local law, as described above, the City Attorney declines
to approve the Development Agreement as to form and legal content.
HENRY EMPENO, JR. ,
Deputy City Attorney
HE:js[Item2.Memj
0
1 RESOLUTION NO.
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT BETWEEN SAID CITY AND THE STUBBLEFIELD
3 CONSTRUCTION COMPANY, RELATING TO ACCESS FOR THE PARCEL NORTH OF
HIGHLAND AVENUE AND EAST OF STATE ROUTE NO. 330 .
4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
5 CITY OF SAN BERNARDINO AS FOLLOWS:
6 SECTION 1 . The Mayor of the City of San Bernardino is
7 hereby authorized and directed to execute, on behalf of said
8 City, an agreement relating to access for the parcel north of
9 Highland Avenue and east of State Route No. 330 , between said
10 City and the State of California, acting by and through its
11 Department of Transportation, and the Stubblefield Construction
12 Co. , a copy of which agreement is attached hereto, marked Exhibit
13 "A" and incorporated herein by reference as fully as though set
14 forth at length.
15 SECTION 2 . The agreement shall not take effect until
16 fully signed and executed by all parties. The City shall not be
17 obligated hereunder unless and until the agreement is fully
18 executed and no oral agreement relating thereto shall be implied
19 or authorized.
20 SECTION 3 . The authorization to execute the above-
21 referenced agreement is rescinded if the parties to the agreement
22 fail to execute it within ninety (90) days of the passage of this
23 resolution.
24
25
26
27
28
2-08-93
RL.Du: AUThOR1ZING - EXECUTION OF AGREEMENT 4V�TH STUBBLEFIELD
CONSTRUCTION CO. RELATING TO ACCESS FOR PARCEL EAST OF
STATE UTE 330 .
1 I HEREBY CERTIFY that the foregoing resolution was duly
2 adopted by the Mayor and Common Council of the City of San
3 Bernardino at a meeting thereof, held on the
4 day of 1993 , by the following vote, to-wit:
5 Council Members: AYES NAYS ABSTAIN ABSENT
6 ESTRADA
7 REILLY
8 HERNANDEZ
9 MAUDSLEY
10 MINOR
11 POPE-LUDLAM
12 MILLER
13
14 Rachel Clark, City Clerk
15 The foregoing resolution is hereby approved this
16
day of 1993 .
17
18 W. R. Holcomb, Mayor
19 City of San Bernardino
Approved as to form
20 and legal content:
21 James F. Penman
City Attorney
22
23
By
24
25
26
27
28 _ 2 _
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
Mark A. Ostoich, Esq.
GRESHAM, VARNER, SAVAGE,
NOLAN & TILDEN
600 N. Arrowhead Avenue
Suite 300
San Bernardino, CA 92401
AGREEMENT
This Agreement is entered into on 1992, among the State of
California Department of Transportation, ("CalTrans"), the City of San Bernardino, a
municipal corporation, ("City") and Stubblefield Construction Company, a California
corporation, ("Developer").
RECITALS
A. CalTrans has jurisdiction of and is in the process of improving certain portions
of Route 30, in the municipal limits of the City, as part of State Highway Project CU08201,
EA157901 for Route 30 ("State Highway Project").
B. Under a pending agreement between CalTrans and the Developer, CalTrans is
reserving and will improve a non-exclusive easement for utility and emergency access purposes
("Secondary Access Road") in the area depicted in Exhibit "A". The Secondary Access Road
will provide utility and emergency access to and from certain contiguous real property owned
by the Developer ("Developer's Property") and Route 30.
C. In connection with the State Highway Project, CalTrans will also improve and
dedicate to the City parts of former Route 30 which are depicted in Exhibit "B" ("East
Frontage Road"). The East Frontage Road will provide access to and from the Developer's
Property and Highland Avenue.
D. In order to facilitate the orderly development of the Developer's Property and
the general health, welfare and safety of the citizens of the City, the parties wish to enter into
this Agreement to provide for the maintenance of the East Frontage Road and the Secondary
Access Road and also to provide for the recognition of the East Frontage Road and the
Secondary Access Road by the City, as legal access to and from the Developer's Property.
This Agreement is intended to memorialize the discussions of CalTrans, the City and the
Developer at a meeting held in the City's City Hall on April 13, 1992. As between the City
and the Developer and for the limited purpose of vesting the East Frontage Road and the
Secondary Access Road as legal access to and from the Developer's Property, this Agreement
is also intended to be a Development Agreement within the meaning of Chapter 19.40 of the
City's Development Code and Section 65864 et seq. of the California Government Code.
I CalTransAgree1S454-004
OPERATIVE PROVISIONS
1. Improvement of Roads. CalTrans will improve the East Frontage Road and the
Secondary Access Road, in accordance with the plans and specifications for the State Highway
Project.
2. Dedication and Acceptance of Roads.
(a) On completion of the improvements to the East Frontage Road, CalTrans
will dedicate the East Frontage Road to the City, in fee, and the City will accept the dedication
of the East Frontage Road and will thereafter maintain the East Frontage Road in accordance
with its maintenance standards for dedicated public streets.
(b) On completion of the improvements to the Secondary Access Road,
CalTrans will dedicate the Secondary Access Road to the City, by a non-exclusive easement
for utility purposes and emergency ingress and egress, and the City will accept the dedication
of the Secondary Access Road and will thereafter maintain the Secondary Access Road in a
manner which will permit its use for utility purposes and emergency secondary access.
(c) Because the Developer will continue to own, manage and develop the
Developer's Property in reliance on the status of the East Frontage Road and the Secondary
Access Road as legal, conforming access to and from the Developer's Property, as provided in
paragraph 4., once accepted, neither the East Frontage Road nor the Secondary Access Road
will be abandoned by the City, without the consent of the Developer. In addition, based on
the same reliance by the Developer, the City will not delegate its obligation to maintain the
East Frontage Road or the Secondary Access Road, without the consent of the Developer.
3. Legal Status of Roads. The City will recognize the East Frontage Road and the
Secondary Access Road, as legal, conforming access to and from the Developer's Property,
within the meaning of the laws of California and the City's Charter, Ordinances and
Resolutions; provided, however, that the Developer's Property is used for purposes which are
consistant with the City's General Plan. In addition, CalTrans will recognize the Secondary
Access Road as legal, conforming Emergency Access to Route 30, under its Policy and
Procedure No. 90-04, which was issued on July 9, 1990.
4. Development Agreement.
(a) To the extent that either the East Frontage Road or the Secondary Access
Road do not conform in any respect to the laws of California or the City's Ordinances or
Resolutions, then, as between the City and the Developer and for the limited purpose of
vesting the East Frontage Road and the Secondary Access Road as legal access to and from the
Developer's Property, this Agreement will be deemed a Development Agreement within the
meaning of Chapter 19.40 of the City's Development Code and Section 65864 et seq. of the
California Government Code.
(b) Without limiting the effect of subparagraph 5.(a), the parties
acknowledge that the Developer intends to develop the Developer's Property in the future and
that, in connection with any such development, the permitted uses of the Developer's
Property, the density or intensity of use on the Developer's Property and the maximum size
2 CafframAgree\S464-"
and height of buildings on the Developer's Property will be governed by the development plan
for the Developer's Property which is ultimately agreed to by the Developer and the City.
(c) The continued status of the East Frontage Road and the Secondary
Access Road as legal, conforming access to and from the Developer's Property, will be subject
to satisfaction of the conditions which are described in Exhibit "C".
(d) As between the City and the Developer, this Agreement will be subject
to amendment as follows:
(i) Immaterial amendments to this Agreement may be made by
agreement between the Developer and the Director of Planning and Building Services of the
City.
(ii) Material amendments to this Agreement will require the consent
of the Developer, as well as approval by the City's Planning Commission and the City's City
Council, following such investigations, findings and other procedures as are required by the
laws of California and the City's Charter, Ordinances and Resolutions.
5. Term. The term of this Agreement will commence on the date of entry into this
Agreement and will continue for 50 years thereafter.
6. Covenant of Good Faith. The parties will cooperate with one another in good
faith in the performance of this Agreement, so the intent of this Agreement can be attained.
7. Further Acts. Whenever and as often as it is requested to do so by any other
party, each party will execute, acknowledge and deliver or cause to be executed,
acknowledged and delivered, any and all such further documents as may be necessary,
expedient or proper to achieve the intent of this Agreement.
8. Inurement. The rights and obligations of the parties under this Agreement will
inure to the benefit of and will bind their respective successors and assigns. Without limiting
the effect of the foregoing, the Developer will have the right to assign its rights and delegate
its obligations under this Agreement, in whole or in part, to any owner or owners of the
Property. In addition, the provisions of this Agreement will constitute covenants running with
the land as provided in the applicable law.
9. Construction. In all cases, the language in this Agreement will be construed
simply, according to its fair meaning and not strictly for or against any party, it being agreed
that the parties have participated in the preparation of this Agreement. Without limiting the
effect of the foregoing, the parties acknowledge and agree that the City is restricted in its
authority to limit its police power by contract and that the limitations in this Agreement are
intended to reserve to the City all of its police powers which cannot be so limited. This
Agreement will be construed, contrary to its stated terms if necessary, to reserve to the City all
police power which cannot be restricted by contract.
10. Severability. Every provision in this Agreement is and will be construed to be a
separate and independent covenant and, if any provision in this Agreement or the application
of the same is, to any extent, found to be invalid or unenforceable, then the remainder of this
Agreement or the application of that provision to circumstances other than those to which it is
invalid or unenforceable, will not be affected by the same and each provision in this
3 CaffransAgree\5464-004
Agreement will be valid and will be enforced to the extent permitted by law and the parties
will negotiate in good faith for such amendments to this Agreement as may be necessary to
achieve its intent, notwithstanding the invalidity or unenforceability.
11. Counterparts. This Agreement may be executed in counterparts, each of which
will be deemed to be an original for all purposes and all of the counterparts will constitute one
and the same Agreement.
12. Attorneys' Fees. If legal action is taken to enforce or interpret any provision in
this Agreement, then the prevailing party in that action will be entitled to recover from the
losing party all attorneys' fees, court costs and necessary disbursements in connection with that
action.
13. Venue. Any legal action with regard to this Agreement will be brought, at the
Developer's election, in either San Bernardino County Superior Court or in the United States
District Court for the Central District of California.
14. Incorporation of Recitals. The Recitals in this Agreement are material and are
incorporated by reference as though fully set forth hereat.
. 15. Incorporation of Exhibits. The exhibits to this Agreement are incorporated by
reference as though fully set forth hereat.
16. Recordation. No later than 10 days after the date of entry into this Agreement,
the Developer will, at its cost, record this Agreement in the Official Records of the San
Bernardino County Recorder.
SIGNATURES FOLLOW
4 CafframAgree\5464-004
0
CALTRANS
State of California Department of
Transportation
By:
Its:
CITY
City of San Bernardino, a municipal
corporation
By:
Its Mayor
ATTEST
'City Clerk
APPROVED AS TO FORM AND LEGAL CONTENT
Cit Attorney)-�P
DEVELOPER
Stubblefield Construction Company, a
California corporation
By:
Its:
5 CalTramAgree\.S464-004
0
STATE OF CALIFORNIA )
SS.
COUNTY OF )
On 19 before me ,
personally appeared ,
personally 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 signature (s) on the instrument the person (s) , or the
entity upon behalf of which the person (s) acted, executed the
instrument.
WITNESS my hand and official seal.
Notary Public in and for said State
STATE OF CALIFORNIA )
SS.
COUNTY OF )
On 19 before me
personally appeared
personally 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 signature (s) on the instrument the person (s) , or the
entity upon behalf of which the person (s) acted, executed the
instrument.
WITNESS my hand and official seal.
Notary Public in and for said State
STATE OF CALIFORNIA )
SS.
COUNTY OF )
On 19 before me
personally appeared
personally 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 signature (s) on the instrument the person (s) , or the
entity upon behalf of which the person (s) acted, executed the
instrument.
WITNESS my hand and official seal.
Notary Public in and for said State
t - ` \1.
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0 E P A R T Y E N T 0 f P L A N M I N O A N O 8 U I L D I N 0 SERVICE
A L B 0 U G H E Y A I C P
0 i a E C T 0 A
July 14 , 1992
Tom Parrish
Stubblefield Development
2258 Bradford Avenue
Highland, CA 92346
Dear Kr. Parrish:
This letter is in follow-up
to was John Stubblefie di Arnold
13 , 1992 , also attending Roger Hard rave-Director of
Stubblefield, Will Wright-Fire Chief, g and Building
Public Works, Al Boughey-Director of Planning
Services. The meeting was for City staef 33 o bed obetter �Viand
with the 20+ acre site east of Rout
Avenue. (Here after referred to as the site)
The site, when develops
d, would normally be required to have two standard means of access as required by City Code Section 19.30.200
6. and Fire Code Section 10.207 (x) (b) (c) and (f) .
"6 . A tentative tract or parcel map shall provide for at least
routes for ingress and egress.
two different standard
standard route is a road
th which? if dedicated to the City and
has a minimum Paved width
Fire apparatus access road shall be provided.
" (a) General. with the P rovisions of this
and maintained in accordance
section.
(b) Where required. Fire apparatus access road shall be
required for every building hereafter constructed When any
portion of an exterior wall the vehicles accessed more
than 150 feet from the Fire Department
Exceptions:
completely protected with an approved
1 . When buildings are
automatic fire sprinkler system, the provision of this
section may be modified.
EXHIBIT "C" PFWE
N"M#4-1's
? M E E T S A N • E R N A R O N O
q y • 9 24 e - 0 0 0 (7 1 1 9 4 - f0 7 1 /{0 f 1
Tom Parrish
July 14 , 1992
Page 2
2 . When access roadways cannot be installed due to
topographic, waterways, non-negotiable grades or other
similar condition, the Chief may require additional fire
protection as specified in Section 10. 301 (b) .
3 . When there are not more than two group R division three
or group K occupancies, the requirement of this section
may be modified, provided in the opinion of the Chief,
fire fighting or rescue operations would not be impaired.
More than one fire apparatus road maybe required when it is
determined by the Chief that the access by single road maybe
impaired by vehicle congestion, conditions of terrain,
climatic conditions or other factors that could limit access.
' (c) width. The unobstructed width of fire apparatus access
road should not be less than 20 feet.
(f) Surface. Fire apparatus access road shall be designed and
maintained to support the imposed loads of fire apparatus and
shall be provided with a surface so as to provide all der
driving capabilities-0
It is generally the developers responsibility to prowlAs all
required access roads as part of the development.
The subject site is unique in that a deep ravine runs nowft to
south along the east side of the site and Rdoate 330 (ate► b0ibg
upgraded to freeway limited access standards) runs along tbt vest
side of the site. The principal access is from the scaft and
because of a grade differential between the site and hoots 330 and
the ravine a second access route from the east and the uss0: is
impractical if not im;m msible. Access from the north is &190
limited because of Route 330 prohibits regular strett inteuyrs�c a n
access. These constraints leave the site with only t3is soafA as
the location for a standard route of ingress and egress.
Given the site constraints either the site remains undeveloped or
a second or secondary non-standard ingress and egress is agreed to
that ensures public safety and comes as close as possible to
providing two different standard routes for ingress and egress of
a development.
The following is the a minimum conditions for providing two
different routes of ingress and egress recommended by staff.
Tom Parrish
July 14 , 1992
Page 3
A. Standard Route. Principal (standard) ingress and egress will
be provided by a dedicated street (constructed to the City
standards) from Highland Avenue north to a turnaround (cul-de-
sac) at the south end of the site.
Note: Caltrans is -,:=>nstructing this street and dedicating it
to the City of San Bernardino.
B. Second ingress and egress _route. As mitigation for not being
able to provide a standard second route, two less than fully
standard routes are being proposed.
1. A tunnel under Route 330 is being constructed
approximately due west of the cul-de-sac and will connect
to the west frontage road of Route 330.
Conditions of Understanding;
a. This tunnel is being built by Caltrans as part of
upgrading Route 330. The tunnel is being built to
Fire Department specification in terms of height
and width.
b. The approaches to the tunnel and bottom of the
tunnel must be maintained by the owner of the site
for emergency ingress and egress (MaintsiMsd
meaning free of obstruction such as rocks, &Wbr#:s,
trees, gullies of such` a size to prevent the we of
the public and Fire Departnent in cede at an
evAtzgency. Free of obstruction homever does not
prevent the owner of the site from lis►itimg tJe Use
of the access as long as the esergency access is
maintained by means of Fire Departmest loci bowes,
etc.
2 . Provide a twenty four (24) foot wide emergency access
road from the cul-de-sac along the east SUM of the
upgraded Route 330 to the north where the fire service
road enters Route 330.
Conditions of Understanding;
a. This road is to be constructed by Caltrans. The
emergency access road surface will be native
material (decomposed granite, sand, etc.) on a
stabilized base of a structural strength adequate
to support Fire Department vehicles.
0' ,1 s
Tom Parrish
July 14 , 1992
Page 4
b . The northern most section of the emergency access
road owned by Caltrans will dedicated to the owner
of the site.
C . The owner of the site will record an emergency
access easement dedicated to emergency use
corresponding to the entire length of the emergency
access road.
d. Upon completion of Route 330 upgrade a turnoff from
Route 330 (an ice/snow chainup area) will be
constructed by Caltrans at the location which
corresponds with the northern most end of the
emergency access road. The Caltrans Route, 330
Agreement with the City acknowledges that the City
has the right to cut/remove this fence in case of
an emergency. The repair of the fence in the event
of emergency use of the access by the City will be
the responsibility of the City. Fence posts of the
fence separating Route 300 from private property
will be located so as to not be in the middle of
emergency access.
e. Emergency access road must be maintained by the
owners of the site in such a condition to permit
public and Fire Department vehicle access in case
of an emergency (maintained seaming free of
obstructions the same as indicated for the tunnel
access) - Item 9. 1.b. ) .
C. other MitigatiM. The following mitigations are r+egnired at
the time of project approval of the sit* and are higher
standards than the standards contained in Chapter 19.15 of the
City's Development Cods entitled Foothill Fire Zone overlay
District.
1. Develop a fire model of the site for the purpose of
determining the extent of the fuel modifications zone and
if the fuel modification standards as set forth in San
Bernardino Municipal Code Section 19.15.020 6. V. are
adequate. Standard provisions for maintaining the fuel
modification zone will be required as a Condition of
Approval of a project on the site.
2 . Install fire sprinklers in all buildings of any future
development.
D. Ot er Requir 9. All other development standards are those
Tom Parrish o...
July 14 , 1992
Page 5
in existence and applicable at the time the project is deemed
complete to begin Planning/Land Use approval process and/or at
the time of filing for building code technical plan check
leading to the issuance of a building permit.
Staff believes that the above conditions provides adequate public
safety and meets the intent of City Code Sections requiring two
standard routes from any development. At this point staff
recommendations must be incorporated into a draft agreement and
approved by the Common Council. The Public Works Department is
responsible for coordinating the agreement with Caltrans and
contractual consistency.
If you have any questions, please don't hesitate to contact me at
(714) 384-5057 .
ySinc rel y,
E. Reed, Assistant Director
Planning and Building Services
cc: Shauna Clark
City Administrator
James Penman
City Attorney
Al Boughey, Director
Planning and Building Services
will Wright, Fire Chief
Roger Hardgrave, Director
Public Works/Engineering
Henry Empeno, Deputy City Attorney
Attorney's Office
LER:das