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Q:ITY OF SAN BE~ARDINOO- MEMORAND~
To The Mayor and Common Council
Subject Appeal of Tentative Tract No. 12759,
Ward 4
Frank A. Schuma
From Planning Director
Date July 31, 1985
Approved
Date
At the Mayor and Council meeting of July 15, 1985, Council-
man Marks appealed the Planning Commission's decision of
approval, subject to conditions, on Tentative Tract No. 12759.
This appeal was made so that the appeal of Variance No. 85-3,
regarding the same site, and Tentative Tract No. 12759 could
be heard at the same time by the Mayor and Council.
FRANK A. SCHUMA
Planning Director
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Ci,.., OF SAN BERNARDIO> - REQUIQr FOR COUNCIL ACOoN
Frank A. Schuma Appeal of Tentative Tract
From: Planning Director Subject: No. 12759
Dept: Planning Mayor and Council Meeting
of August 5, 1985, 9:00 a,m.
Date: July 26, 1985
Synopsis of Previous Council action:
Previous Planning Commission action:
At the meeting of the Planning Commission on July 16, 1985, the
following action was taken:
The application for Tentative Tract No, 12759 was approved based
upon findings of fact contained in the staff report dated July 16,
1985 and subject to the conditions and standard requirements listed
therein, as modified.
The Negative Declaration for environmental review was also approved.
Vote: 6-2, 1 absent
Recommen<:led motion:
That the hearing on the appeal be closed and the decision of the
Planning Commission be affirmed, modified or rejected.
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Signature
Frank A. Schuma
Contact person:
Frank A. Schuma
Phone:
383-5057
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Supporting data attached:
Yes, Staff Report
Ward:
FUNDING REQUIREMENTS:
Amount:
Source:
Finance:
Council Notes:
AQenda Item NO'~ ?
75-0262
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CITY OF SAN BERNARDINO 300 NORTH "0" STREET, SAN BERNARDINO. CALIFORNIA 92418
EVLYN WILCOX
Mayor
Members of the Common Council
Esth... Estrada. . . . . . . . . . . . . First Ward
Jack Reilly............. . Second Ward
Ralph Hernand.ez . . . . . . . . . . . Third Ward
Steve Marks . . . . . . . . . . . . . Fourth Ward
Gordon Qulel . . . . . . . . . . . . . Fifth Ward
Dan Frazier . . . . . . . . . . . . . . Sheth Ward
Jack Strickler . . . . . . . . . . . .Seventh Ward
July 17, 1985
Sigland and Associates
364 Orange Show Lane
San Bernardino, CA 92408
Gentlemen:
At the meeting of the Planning Connnission on July 16, 1985, the
following action was taken:
The application for Tentative Tract No. 12759, to establish a six lot
subdivision in the R-1-7200 zone on 12.3 acres located at the northern
terminus of Sepulveda extending approximately 1,189 feet easterly from
the centerline of S'epulveda was approved based upon the findings of
fact contained in the staff report dated July 16, 1985 and subject to
the conditions and standard requirements listed herein, with the
following modifications:
Condition # 1 Second sentence modified. Said dedication shall be a
60 foot wide strip of land extending from the bulb of the cul-de-sac
to the east property line of Tract No. 12759.
Condition # 4 Added sentence. Payment of school impaction fees, as
required as a condition of approval or this tentative tract, will
mitigate to insignificance the adverse impact on the San Bernardino
Unified School District arising from the attendance in that school
district of children who will be residing in the proposed project.
Condition # 8.a Modified. Throur,h out the entire project a minimum
of a 36 foot paved width street will be provided with no street side
parking permitted at the bulb of the cul-de-sac.
New Condition # 34 Each dwelling unit shall encompass a minimum
of 3,000 square feet and shall be shown as such on the final plans.
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Sigland and Associates
Tentative Tract No. 12759
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: Accordin~ to the San Bernardino Municipal Code, Section 18.20.120,
the following applies to the filing of .a Tentative Tract Map:
"The decision of the Commission shall be final unless appealed to
the Mayor and Common Council in writing. The written appeal shall
be submitted to the office of the City Clerk within ten days from
the date of the meeting." If no appeal is filed pursuant to the
above provisions of the San Bernardino Municipal Code, the action
of the Commission shall be final.
Respectfully,
FRANK A. SCHUMA
Planning Director
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cc: Steve Schwartz
3587 Leroy Street
San Bernardino, CA 92404
Engineering Division
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PLANNING
DEPARTMENT
CITY OF
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BERNARDINO
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AGENDA ITEM
HEARING DATE
WARD
~/16/85
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Tentative Tract No. 12759
APPLICANT: Sig1and & Assoc.
364 Orange ShCM Lane
San Bernardino. C'A 92408
OWNER: Steve SChwartz
3587 Leroy St.
San Bernardino, C'A 92404
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Subject property is an irregularly-shaped parcel of land consisting of
approximateiy 12.3 acres located at the northern terminus of Sepulveda
Avenue extendin..~ approximately 1,189 feet easterly from the centerline
of Sepulveda Avernre.
The request is to establish a six lot subdivision in the R-1-7200 Sing1e-
Family Residential zone.
PROPERTY
Subject
North
South
East
West
EXISTING
LAND USE
Vacant
Single Family IMelling
Single family IMelling
Vacant
One Single Fam. IMelling/
Vacant
GENERAL PLAN
DESIGNATION
Res. 0-3 du/ac
Res. 0-3 du/ac
Res. 4-7 du/ ac
Res. 0-3 du/ac
ZONING
R-1-7200
R-1-7200
R-l-7200
R-1-1O ,800
R-1-7200
Res. 0-3 du/ac
GEOLOGIC I SEISMIC KlVES FLOOD HAZARD DYES OZONE A ( SEWERS !Xl YES )
HAZARO ZONE oNO ZONE KI.NO OZONE B ONO
HIGH FIRE ~YES AIRPORT NOISE I DYES REDEVELOPMENT DYES
HAZARO ZONE oNO CRASH ZONE &JNO PROJECT ARE^ IKl NO
..J o NOT ~POTENTlAL SIGNIFICANT Z [XX APPROVAL
ex APPLICABLE EFFECTS 0
I- WITH MITIGATING - 0
Z(/) MEASURES NO E.I,R. ti CONDITIONS
LLle) o EXEMPT o EIR, REQUIREO BUT NO ,,-0 0
::lEZ ,,-Z DENIAL
Z- SIGN IFICANT EFFECTS I&J
00 ~::E
a:Z WITH MITIGATING 0 CONTINUANCE TO
MEASURES (/)::E
:;;iL oNO o SIGNIFICANT EFFECTS 0
Z 0
L&J SIGNIFICANT SEE ATTACHED E. R. C. I&J
EFFE CTS MINUTES a:
NOV. 1911 REVISED ",ULY "'2
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CITY OF SAN BERN~DINO PLA~NG DEPARTMENT
CASE Tentative Tract
OBSERVATIONS ~~~~~::11{~:59~/16/85
PAGE 7
. 1. The applicant requests approval to subdivide 12.3 aacres into 6 parcels
for single-family development. The subject property is located at the
northern terminus of Sepulveda Avenue.
2. The subject tract map was filed concurrently with Variance No. 85-3
which was approved by the Planning Commission on May 8, 1985. The
action taken on the variance was appealed to the Mayor and Common
Counci land is scheduled for re-heari ng by the Counci 1 on July 15,
1985. The variance filed by the applicant, requests that San Bernar-
dino Municipal Code Section 18.40.130 be waived to allow a cul-de-sac
wi th a length in excess of 500 feet as requi red by Code. Addi ti ona lly,
the applicant requests approval to subdivide property within the High
Fi re Hazard Zone wi th only one means of dedi cated and improved access.
Approval of the Tentative Tract map as designed is predicated upon
approval of Variance No. 85-3, therefore the final Council action taken
on the variance will determine the appropriate action for the Tract
map.
In an attempt to expedite matters. staff will present an analysis of
the tract map and a preliminary recommendation through this staff
report.
3. The proposed subdivision is consistent with the City of San Bernardino
zoning designation of R-1-7200 and the General Plan designation of
Residential 0-3 dwelling units per acre.
4. Surrounding zoning designations includes: R-1-7200 to the north, south
and west; R-1-20,aoO to the east. Surrounding General Plan designa-
ti ons i ncl ude: Resi denti a 1 0-3 dwe 11 i ng uni ts per acre to the north,
east and west; and Residential 4-7 dwelling units per acre to the
south.
5. The subject property is currently vacant. Surrounding land uses inclu-
de: single-family residential to the south; a dwelling unit and City
Water tank to the north; vacant property to the east and scattered
single-family dwellings to the west.
6. Tentative Tract No. 12759 proposes to subdivide the 12.3 acres into 6
parcels ranging in size from .75 to 2.6 acres. Single family dwellings
will be individually constructed on each lot as it is purchased. The
subject property is zoned R-1-7200, which would permit up to 72 lots.
Due to the limited access and topography of the site, 6 lots is a
reasonable subdivision of the property and exceeds the requirements of
the R-1 zone as established through Title 19 of the San Bernardino
Municipal Code. Each of the six parcels shows a grading limit line
withi n whi ch the pad area for each dwe 11i ng uni t wi II be confi ned. The
boundaries of the grading are limited to the bluff areas within the lots
to avoid,the placement of homes within any natural drainage courses.
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CITY OF SAN BE~RDINO PLaNING DEPARTMENT
CASE Tentative Tract
OBSERVATIONS ~~~~?:;;6{~:5t16/85
PAGE 1
7. Access to the property is provided via Sepulveda Avenue which termin-
ates at the southwest corner of the site. Subject to approval of
Variance No. 85-3, a cul-de-sac will extend 640 feet into the property
from Sepulveda Avenue. The proposed cul-de-sac would generally follow
the road bed created and later abandoned by the rai l-road. Access to
the i ndi vi dua 1 parcels and uni ts wi II be provi ded from dri veways off
the cul-de-sac. The longest driveway on lot 6 will extend approxima-
tely 460 feet easterly from the bulb of the cul-de-sac. This par-
ticular driveway will be constructed to accomodate water and have
adequate material, width and turn-around to handle large emergency
vehicles.
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The subject property is wi thi n a Hi gh Fi re Hazard Area, however secon-
dary access will not be proveded. Subject to approval of Variance No.
85-3, the requi rement of secondary access wi 11 be wai ved. The appli-
cant has attempted through various means to secure secondary access to
the site. However, due to existing surrounding development and physi-
cal constraints, the options for secondary access have been eliminated.
To the northwest an existing single-family dwelling and a City of San
Bernardino Water tank blocks access. The existing single-family sub-
division to the south was developed with dwelling units constructed
around three cul-de-sacs which precludes an access road. Finally to
the southeast, access is prohibited on to the State Highway, Waterman
Canyon Road. Access onto Waterman Canyon Road can only be potentially
obtained through a request generated by the City.
8. The 11.3 acre parcel located at the eastern boundary of the subject
site is presently landlocked without access easements or roadways. The
property owner had intended to secure access through the dedication and
improvement of a road extendi ng from Sepulveda Avenue through the pro-
perty involved in Tract No. 12759 and into the property. Or, through
the attainment, grading and improvement of a parcel, under seperate
ownership located at the northern terminus of Park Lane and extending
135 feet to the land locked parcel. Thi s parcel is unbui 1 dab 1 e wi th a
width of 30 feet and irregular terrain. The property owner of this
parcel has indicated to the owner of Tract No. 12759, that an access
easement could be granted on this parcel.
Tentative Tract No. 12759 as proposed by the applicant would extend the
road from Sepul veda Avenue approxi mate ly 1/2 way th rough the parcel and
end in a cul-de-sac. This proposal would elimlnate the possibility of
the future extension of the road into the adjoining parcel to the east.
In order to provide for the future access needs of the parcel, a con-
dition of approval is attached to Tract No. 12759 requiring a 24' offer
of dedication to the City extending from the bulb of the cul-de-sac to
the east property line. An offer of dedication will be made to the
City which can be exercised by the City if the need should arise.
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.cITY OF. SAN BERNARDINO PLANNING DEPARTMENT
OBSERVATIONS
CASE Tpn....::tt'i"p TT;::lJ,......
Nn 1?7~Q
AGENDA ITEM (,
HEARING DATE 7./l(,/R~
PAGE
At that time, secondary access could be provided for both properties
through the attainment and improvement of Parcel No. 11 extending from
Park lane to the south property line of the land locked parcel. This
access road way could be joi ned wi th the road extending from Sepul veda
Avenue to provide a loop roadway through both parcels.
g. The subject property and surrounding properties are located at the base
of the foothills Which is subject to water and debris flows from the
gullies of the hillsides. Historically, the properties on the west
side of Sepulveda Avenue and to the south of the subject tract homes
have been subject to severe sheet and mud flows.
Drainage on the site of the tract map wi 11 be handled through the
collection of water on site into catch basins and the cul-de-sac which
will carry the water to Sepulveda Avenue Where it will be taken
underground into the City's existing storm drains. On site drainage
easements wi II be dedi cated to the Ci ty for ownershi p and mai ntenance.
In the opinion of the City Engineering Department, the drainage impro-
vements proposed by the app 1 i cant on the site of the map wi 11 improve
the existing drainage situation for the neighborhood.
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Several off-site improvements could also be completed which would
further reduce the flooding and mud flow problems in the area. As
recommended by the City Engineer, these improvements primarily involve
upgrading and enlarging the catch basins located on the west side of
Sepulveda Avenue north of 54th Street. The applicant has agreed,
although these drainage facilities are not under his ownership nor
responsibility, to make Whatever improvements are deemed necessary by
the City Engineer.
10.
The property owners in the subdivision to the south and some property
owners along Sepulveda have voiced opposition to the approval of
Tentative Tract No. 12759 and the associated Variance No. 85-3. The
primary point of concern raised by the residents is the effect of the
subdivision and future construction on the existing drainage and mud
problems in the area. As mentioned above, the Director of Public Works
and Engineering has indicated that the problems will be reduced due to
the improvements required by the subdivision and could be alleviated
with additional improvements off-site.
A ietter in support of the subdivision signed by 5 property owners
residing in the subdivision to the south has also been received.
11. Fire protection will be provided to the six parcels through the imple-
mentation of a mitigation plan Which has been developed for properties
within High Fire Hazard Areas. The conditions of approval will
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CITY OF SAN B~AROINO paNNI~G OEPARTMEN
CASE
OBSERVATIONS
Tentative Tract
No. 12759
AGENDA ITEM (,
HEARING DATE 7/1(,18~
PAGE 'i
establish specific conditions with regards to brush clearance and other
methods which will protect the units and decrease the potential for the
spread of fire.
Additionally, the City Water Department has established specific con-
ditions for Tract No. 12751 which will serve to increase the water
pressure available to each dwelling. These Water Department conditions
will insure adequate fire flow and water pressure.
12. A preliminary Geology Report has been submitted in conjunction with
Tract No. 12759. The report indicated that no faults were identified
on the subject property. The report has been reviewed and approved by
the City Geologist.
13. Grading on the site will be a balanced operation where 15,000 cubic
yards of cut wi 11 provide 15,000 cubic yards of fill. All graded slo-
pes will be planted and maintained by the property owners of each indi-
vi dual lot. Contour gradi ng wi 11 be requi red through the conditi ons of
approval and no cut slopes will be steeper than 2:1.
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CITY OF SAN BERNA DINO PLA
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ING DEPARTMENT
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FINDINGS of FACT
CASE Tentative Tract
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AGENDA ITEM h
HEARING DATE 7 (1 h (R~
PAGE (;
1. The proposed subdivision is consistent with the City of San Bernardino
General Plan designation of Residential 0-3 dwelling units per acre.
The overall density of the tract is .5 units per acre or 1 unit per 2
acres.
2. Subject to approval of Variance No. 85-3, Tentative Tract No. 12759
meets the requirements of Title's 18 and 19 of the San Bernardino
Muni cl pal Codes.
3. The subdivision meets the requirements of the State Subdivision Map
Act.
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4. Due to the physical and environmental constraints affecting the pro-
perty, the tract map proposes an appropriate subdivision of the
property.
5. Subject to installation of all necessary drainage facilities, Tentative
Tract No. 12759 will not adversely effect surrounding properties nor
will it negatively effect the existing run-off debris problems.
6. Subject to compliance ~th the standard requirements, conditions of
approval and measures established to mitigate environmental constraints
such as: high fire hazard, grading, drainage, access and school, the
subdivision proposed through Tentative Tract No. 12759 will not create
a significant impact on the environment.
RECOMMENDA Tl ON:
Based upon the observations and findings of fact contained in this report,
staff recommends adoption of a Negative Declaration and approval of
Tentative Tract No. 12759, subject to compliance with the conditions of
approval and standard requirements attached.
Respectfully submitted,
FRANK A. SCHUMA
Planning Director
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CITY OF SAN BERNARDINO PLANNING DEPARTMENT
CASE Tentative Tract
CONDITIONS No. ]27~9
AGENDA ITEM 6
HEARING DATE 7/]6/8~
PAGE 7 .
1. A irrevocable offer of dedication to the City of San Bernardino shall
be placed on the Final Subdivision Map of Tract No. 12759. Said dedi-
cation shall be a 24 foot wide strip of land extending from the bulb
of the cul-de-sac to the east property line of Tract No. 12759. Upon
future development or division of the property identified as
Assessor's Parcel Number 270-091-01, located to the east of Tract Map
No. 12759, the dedication shall be accepted by the City of San
Bernardino. All improvement costs shall be born by the property owner
of Assessor's Parcel Number 270-091-01. The improvements of said
dedication shall meet City Standards.
2. The applicant shall install drainage improvements as recommended by
the City Engineer in the memorandum dated June 27, 1985.
3. A 5-foot high wrought iron fence shall be constructed along the south
property line of Tract No. 12759.
4. Prior to recordation of a final tract map or other creation of
building parcel, project proponent(s) shall provide certification from
the San Bernardino City Unified School District that the project pro-
ponent(s) have paid the impaction fees of $1,827 for each single-
family residential unit, and $1,663 for each multi-family residential
unit, or in lieu thereof, that an agreement has been reached wi th the
project proponent(s) whereby it is assured that adequate school faci-
lities will be available to accommodate students expected to reside in
the residential units which project proponent(s) will construct.
5. Contour grading shall be utilized to blend all manufactured slopes
with the natural slopes on site.
6. All rock outcroppings shall remain undisturbed on the site.
7. There shall be a five-foot fire access way provided abutting each side
lot line.
8. The following mitigation measures must be incorporated into the design
and improvements of the tract to provide fire protection to the sub-
ject property and surrounding properties.
ACCESS/TRAFFIC CIRCULATION
a. Throughout the enti re project a mlnlmUm of 28-foot paved width
street wi II be provi ded wi th no street-si de parki ng permi tted.
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CITY OF SAN BERNARDINO PLAI\JNING DEPARTMENT
. CASE Tentative Tract
CONDITIONS ~~i~~~ol~~~~5;/16/85
PAGE 8
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b. All units will have a minimum of a two car garage with additional
parking for a minimum of three cars on each driveway.
c. The circulation system has a maximum of 12% grade.
d. All streets will have an all-weather, non-skid surface.
9. LANDSCAPI NG
a. All cut and fill slopes will be landscaped and irrigated.
b. Along all roadways, a minimum of lO-feet wi 11 be irrigated and
landscaped.
c. All residential units will be landscaped and irrigated to a mini-
mum of 100-feet around each unit.
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10. All building address markers will be non-combustible and reflective
with 3 inch high lettering and numbers visible at least 100-feet.
11. Fire flow, gpm, duration and hydrant spacing will be according to the
Ci ty' s mi ni mum standards.
12. Bui 1 di ngs wi II be desi gned to comply wi th Title 24 standards for
energy efficiency.
13. Structures and recreational uses may be oriented to maximize use of
solar energy.
14. All uti 1 iti es wi II be underground.
15. No residential units will be sited in narrow canyon mouths.
16. Only non-combustible roofing materials, non-wood, will be allowed.
17. Open ends of tile roofs will be capped with non-ignitable material to
prevent bird nests or other combustible material to be located within
the roof structure.
18. Decking will be with exterior materials of at least 1 hour fire
resistant rating.
19. Atti c vents under the roof wi 11 be located near the roof edge rather
than toward the external wall. Other vents wi II be covered by 1/4
inch corrosion resistant wire mesh, not to exceed 144 square inches.
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CITY OF SAN BERNARDINO PLANNING DEPARTMENT
CASE Tentative Tract
S No. 12759
AGENDA ITEM 6
CONDITION HEARING DATE 7/16/85
PAGE 9 .
20. All primary residential buildings will have a minimum of 100-foot
separation.
21. No combustible materials such as patio covers with plastic, bamboo,
straw or fiberglass will be used in construction.
22. All exposed piping shall be non-combustible, all other piping will be
underground.
23. All accessory buildings, guest housing and secondary housing shall
meet all fire standards established for this tract.
24. UBC exteri or 1 hour fi re wa 11 swill be requi red. The fo II owi ng UBC
standards will be adhered to:
a. UBC noncombustible roofing materials, non-wood.
b. UBC fire resistant construction materials, non-combustible sidings.
c. Chimney spark arrestor, 12 guage wire screen 1/2 inch opening
mounted in vertical position from the ground.
d. Structures supported to any degree by stilts shall have all under
floor areas encased to the ground with the same fire retardant
material as required for fire walls.
e. Glazed with extra strength glass or double paned glass wi 11 face
all wildland areas.
f. Non-combustible fencing materials with gates for accss..
25. All cut and fill exposed slopes will be landscaped with fire resistant
vegetation and maintained by an irrigation system.
26. Every swimming pool or other significant water source will be equipped
in such a way that water may be obtained quickly and easily for fire
fighting purposes.
27. Vegetation clearance and modification will meet the following stan-
dards:
a. 30-feet from structure (some ornamental and ground cover
excepti ons) .
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CITY OF SAN BERNARDINO PLANNING DEPARTMENT
CONDITIONS
CASE 'l'o.........t-luo Tr7~t.
No. 12759
AGENDA ITEM 6
HEARING DATE 7/16/85
PAGE 10 .
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b. 100-feet vegetation clearance thinning and other modification
maintained no lower than 3 inches nor higher than 18 inches).
c. 10-foot clearance from chimney or stove pipe outlet.
d. May retai n some II speci men nati ve sh rubs II if they are mai ntai ned
free of all dead wood. duff. dry leaves. ect.
e. Firewood will be stacked on a contour away from home.
t. Fuel tanks wi 11 be kept greater than 10-feet from a buildi ng wi th
vegetative clearance.
28. All materials wi 11 retained on-site to achieve a balanced grading
operation of cut and fill reducing vehicle travel and disposal of
material. Minor deviations shall be approved by the Engineering and
Planning Departments.
29. The applicant shall comply with the memorandum from the Municipal
Water Department dated June 28, 1985. The applicant shall provide the
followin9:
1. Install 1" meter services to each home.
2. Install individual 40 gpm capacity, 50 psi hydro-pneumatic
pressure pumps at each meter.
3. Install munimum of 2" service lines from each pressure pump to the
front and rear of each home to eliminate additional pressure loss.
30. The driveways to provide access to the dwelling units on lots 5 and 6
sha 11 be of suffi ci ent wi dth and materi a 1 s to accomodate emergency
vehicles and equipment. Adequate turn around for large fire trucks
shall be provided at the end of each driveway at the unit.
31. The grading and improvement plan for development of each lot shall be
reviewed by the Planning Director prior to final approval of the plan.
32. A .review of plans shall be required at the time of development of the
6 parcels. The review of plans shall evaluate the location. size and
elevations of the proposed units.
33. All on site drainage facilities and easements shall be dedicated to
the City of San Bernardino for ownership and maintenance. Said dedi-
cations shall be shown on the Final Subdivision map.
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ITV OF SAN B
NARDINO
CASE Tentative Tract
No. 12759
AGENDA ITEM 6
HEARING DATE 7/16/85
PAGE 11
STANDARD REQUIREMENTS
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RESIDENTIAL DEVELOPMENT
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Tent. Tract No. 12759 shall be in effect for a period of 24 months from the
date of approval by the Planning Commission and/or Planning Department.
However, if recordation has notbeen initiated at the end of the 24-month
time period the approval shall expire. Additional time may be approved
by the Planning Commission upon request of the applicant prior to expira-
tion of the 24-month time period. Expiration Date: July 16, 1987.
COVENANTS, CONDITIONS AND RESTRICTIONS FOR P.R.D.
a.
The Covenants, Conditions and Restrictions (CC&R's) shall be reviewed
and approved by the Planning Department prior to final approval of the
tract maps. The CC & R's shall include liability insurance and methods
of maintaining the open space, recreation areas, parking areas, private
roads, and exterior of all buildings. The CC&R's shall also include
a statement that no radio frequency antenna shall be included within
the complex except for central antenna systems.
b.
No lot or dwelling unit in the development shall be sold unless a cor-
poration, association, property owner's group, or similar entity has
been formed with the right to assess all properties individually owned
or jointly owned which have any rights or interest in the use of the
common areas and common facilities in the development, such assessment
power to be sufficient to meet the expenses of such entity, and with
authority to control, and the duty to maintain, all of said mutually
available features of the development. Such entity shall operate under
recorded CC&R's which shall include compulsory membership of all
owners of lots and/or dwelling units and flexibi lity of assessments to
meet changing costs of maintenance, repairs, and services. Recorded
CC&R's shall permit enforcement by the City of provisions required by
the City as conditions to approval. The developer shall submit evi-
dence of compliance with this requirement to, and receive approval of,
the Commission prior to making any such sale. This condition shall not
apply to land dedicated to the City for public purposes.
c.
Every owner of a dwelling unit or lot shall own as an appurtenance to
such dwelling unit or lot, either (l) an undivided interest in the com-
mon areas and facilities, or (2) a share in the corporation, or voting
membership in an association, owning the common areas and facilities.
d.
Maintenance for all landscaped and open areas, including parkways,
shall be provided for in the CC&R's.
e.
The CC&R's shall contain wording prohibiting the storage or parking
of trailers, boats, campers, motor homes, and similar vehicles outside
of the specified common areas.
~
SA FORM A
PAGE I or 5
o
CITY
(
o 0
BERNARDINO
(
o
OF SAN
"I
STANDARD REQUIREMENTS
CASE Tentative Tract
No. 12759
AGENDA ITEM 6
HEARING DATE 7/16/85
PAGE 12
.... .
~
..,
--Z-- Prior to issuance of any building permit, access rights shall be granted to
the City for the purpose of allowing access over the private drives within
the project for all necessary City vehicles including fire, police, and
refuse disposal vehicles, and any other emergency vehicles. The documents
covering this matter shall be prepared by the o~ner and approved by the
Planning Department.
All refuse storage areas are to be enclosed with a decorative wall.
Location, size, type and design of wall are subject to the approval of the
Planning Department and Division of Public Services Superintendent.
.2- Energy and noise insulation shall comply with all state and local require-
ments.
..
-L..
LANDSCAPING:
f i
a. Three copies of a master landscape plan shall be submitted to the
Planning Department/ Park and Recreation Department for review and
approval. The plan shall include, but not be limited to, the
fo 11 owi ng:
1) Size, type, and location of plant material proposed.
2) I rri gati on pl an.
3) Such other alternate plants, materials and design concepts as may
be proposed.
4) Erosion control plans.
b. Tree varieties and exact locations will be determined prior to planting
by the Director of the Park and Recreation Department or hiS/her
designee. A minimum number of one-inch caliper/l5 gallon,
multibranched trees shall be planted within the parkway for each of the
following types of lots, as per the City's specifications:
l) Cul-de-sac lot -- one tree;
2) Interior lot -- two trees;
3) Corner lot -- three trees.
c.
To protect against damage by erosion and negative visual impact, sur-
faces of all cut slopes more than five feet in height and fill slopes
more than three feet in height shall be protected by planting with
grass or ground cover plants. Slopes exceeding l5 feet in vertical
height shall also be planted with shrubs, spaced at not to exceed ten
"'-
WAY 84
.-, _-:N__~.".f!_~ 11. ','
~
U, fORM A
'_SOfS
OF SA'"
BErQARDINO O-{
CASE Tentative Tract
No. 12759
AGENDA ITEM 6'
HEARING DATE 7/16/85
PAGE ,...
STANDARD REQUIREMENTS
,
""
"-
MAY 64
feet on centers; or trees, spaced at not to exceed 20 feet on centers;
or a combination of shrubs and trees as cover plants. The plants
selected and planting methods used shall be suitable for the soil and
climatic conditions of the site:
Trees lO%, l5 gallon; 40%, 5 gallon; 50%, 1 gallon.
Shrubs 20%, 5 gallon; 80%, 1 gallon.
Ground cover 100% coverage.
Three copies of the landscaping plan reflecting the above requirements
and placement of street trees (if required) shall be submitted for
review and approval by the Planning Department and the Park and
Recreation Department.
d. Slopes required to be planted shall be provided with an irrigation
system approved by the Park and Recreation Department.
5
e. The maintenance of graded slopes and landscaped areas shall be the
responsibility of the developer until the transfer to individual
ownershi p.
f. All grading and drainage facilities, including erosion control planting
of graded slopes, shall be done in accordance with a grading plan
approved by the City Engineer. A grading permit shall be obtained
prior to any grading being done.
32,670
All lots shall have a minimum area of square feet, a minimum depth of
120 feet, and a minimum width of 60 feet, (66 feet on corner lots). In
addition, each lot on a cul-de-sac or on a curved street where the side lot
lines thereof are diverging from the front to rear of the lot, shall have a
width of not less than 60 feet measured at the building setback line as
delineated on the tract map.
Where lots occur on the bulb of the Cul-de-sac, a minimum lot depth of 100
feet wi 11 be permitted. I f the proposed depth is less than 100 feet, a plot
plan must be submitted to demonstrate that a buildable lot area is possible
and to justify the lesser depth.
6
7
Variable front building setback lines of at least 5 feet and averaging
20 feet, and side street building setback lines ls-feet shall be delineated
on-the final tract map. All garage entrances on a dedicated street shall
have a minimum setback of 18 feet.
Perimeter walls and walls required along the rear of all double frontage lots
shall be designed and constructed to incorporate design features such as
tree planter wells, variable setback, decorative masonry, columns, or other
such features to provide visual and physical relief along the wall face.
~
a.R. FORM ,
'AGE 4 OF S
" OcITY OF SAr4 BONARDINcQ
(
. ) ""'I
CASE Tentative Tract ~
No. l:l/:!9
REQUIREMENTS
STANDARD
(
'"
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-L.
10
11
/
I
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12
13
14
""-
MAY 114
AGENDA ITEM
HEARING DATE
PAGE
6
7116/P.~
14
8
The developer shall obtain Planning Department approval of the visual or
engineering design of the proposed wall.
When graded slopes occur within or between individual lots, the slope face
shall be a part of the downhill lot. Exceptions to this requirement must
be approved by the City Engineer.
Grading and revegetation shall be staged as required by the City Engineer
in order to reduce the amount of bare soil exposed to precipitation.
Compliance with all recommendations of the Geology Report shall be required
(i f appli cabl e).
Any clubhouse, swimming pool, spa, putting green, picnic areas or other
amenities shall be installed in the manner indicated on the approved site
plan.
During construction the City Engineer may require a fence around all or a
portion of the periphery of the tract site to minimize wind and debris
damage to adjacent properties. The type of fencing shall be approved by
the City Engineer to assure adequate project site maintenance, clean-up and
dust control.
No roof-mounted equipment shall be placed on any building unless screened
as specifically approved by the Planning Department (except for solar
collection panels).
Within 75 feet of any single-family residential district, the maximum
height of any building shall not exceed one-story or 20 feet unless the
Commission determines that due to unusual topographical or other features,
such restrictive height is not practical.
All utility lines shall be installed underground subject to exceptions
approved by the Planning Department and the City Engineer.
No certificate of occupancy shall be issued prior to compliance with these
Standard Requirements as well as all provisions of the San Bernardino
Muni ci pal Code.
...t. FORM A
PAGE I OF \I
':'.u.~. f r ....,.;,.
o
CITY OF SA
.0 0
BERNARDINO
{
CASE Tpnt:::ttivp Tr~('t
No 1 ?7~Q
AGENDA ITEM Ii
HEARING DATE 7tH-. IR~
PAGE l~
STANDARD REQUIREMENTS
""
FIRE. DEPARTMENT REQUIREMENTS:
ACCESS:
_~ Provide an access roadway to each building for fire apparatus. Access
roadway shall have an all-weather driving surface of not less than 20 feet
of unobstructed width.
Extend access roadway to buildings to within 150 feet of all portions of
the exterior wall of all single-story buildings.
Extend access roadway buildings to within 40 feet of all portions of the
exterior wall of all multiple-story buildings.
16 Dead-end streets shall not exceed 500 feet in length and shall have a mini-
mum 32-foot radius turnaround.
17
. I
18
19
20
21
22
"'-
MAY 84
At least two different routes of ingress and egress to the area or property
entrance shall be provided by streets having a minimum paved width of 24
feet.
The names of any new streets (public or private) shall be submitted to the
Fire Department for approval.
SI TE:
Private fire hydrants shall be installed to protect each building located
more than 150 feet from the curb li ne. No fi re hydrant should be wi thi n 40
feet of any exterior wall. (Uniform Fire Code 10.301c).
Fire hydrants shall be of an approved type with two 2i-inch outlets and one
4-inch outlet, per Water Department standards.
Protect the on-site fire hydrants from damage by providing suitable traffic
barri ers.
An on-site fire hydrant system shall be installed to comply with the appli-
cable sections of National Fire Protection Association Standard 24.
The area around the private fire hydrant shall be designated as a no
parking zone by painting an 8-inch-wide red stripe for 15 feet in each
direction in front of the fire hydrant in such a manner that the hydrant
will not be blocked by parked vehicles. Suitable no parking signs shall be
installed.
The developer shall provide for adequate fire flow as computed by the Fire
Prevention Bureau. Fire flow shall be based on square footage, construc-
tion features, and exposure information as supplied by the developer.
~
SR. FORM C
'"ot: & OF 15
o
CITY
OF
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SAN
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'0
BERNARDINO
CASE Tentative Tract
No 12759
AGENDA ITEM 6
HEARING DATE 7/16/85
PAGE 16
ST ANDARD REQUIREMENTS
,.
""'I
23
(
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MAY'.
Additional requirements may be added based upon occupancy and/or construc-
tion as deemed necessary by the fire Chief.
Public fire hydrants shall be provided along streets at 300-foot intervals
for commercial areas. Installations shall conform to City specifications.
Public fire hydrants shall be provided along streets at 500-foot intervals
for residential areas. Installations shall conform to City specifications.
BUI LDl NG :
Identify each gas and electric meter with the number.of the unit Which it
services.
24
fire extinguishers must be installed prior to the building being occupied.
The minimum rating for any fire extinguisher is 2A10B/C. Minimum distribu-
tion of fire extinguishers must be such that no interior part of the
building is over 75-feet travel distance from a fire extinguisher.
Submit plans for the fire protection system to the fire Department prior to
beginning construction on the system. Work is not to commence on systems
without approved plans.
Each stairway shall be identified by sfgns according to the Uniform f,ire
Code Stairway Numbering System, Uniform fire Code 12, 106f and Appendix H
(applies to buildings four or more stories in height).
Standardized signs shall be installed on each landing in each stairway to
inform the user Which stair landing he is on and the upper and lower ter-
mination of the stairway (Uniform fire Code Appendix H).
Install spark arrestors on chimneys of all fireplaces. Spark arrestor
shall be constructed of metal, 19 guage minimum, with 3/B-inch to 1/2-inch
opening, and shall be entirely visible from the ground.
An approved standpipe system shall be provided as required by the Uniform
Building Code. System shall conform to National Fire Protection
Asso~iation Standard 14.
Provide an approved fire alarm system. The system must provide a minimum
sound level of 10 decibles above ambient in all parts of the building.
Plans shall be submitted for approval prior to installation.
The direction of swing of the exit door at location shall be with the flow
of traffic.
Fire Department connection to (sprinkler system/standpipe system) shall be
required at curb line.
~
-t1.......-...:1 ......;:
s.R, fORM C
.AGE . Of 15
o ('0 0
CITY OF SAN BERNARDINO
( 0
""
(
STANDARD REQUIREMENTS
CASE Tpn~ntivp Trnrt
Nn 1 ?7r;.Q
AGENDA ITEM Ii
HEARING DATE 7/1fo/H",
PAGE 11
..
r
~
Provide fire protection during the construction of the building. This pro-
tection shall be serviceable prior to the time the building reaches 50 feet
in height. Minimum fire protection shall consist of one temporary Class I
standpipe with one 2i-inch valve outlet for Fire Department use. The
construction-phase fire protection system shall be approved by the Fire
Department prior to installation.
Prior to the building being occupied or opened to the public, the following
permits must be obtained from the Fire Department:
~ The address of the structure shall be installed on the building or in other
approved location in such a manner as to be visible from the street. The
color of the numbers shall contrast with color of the background.
2S
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U, fOR" C
PAGE 7 Of 15
MAY '84
.0
CITY
(
OF SAN
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o
.0 0
BERNARDINO
'""'l
CASE Tentative Tract
No. 12759
AGENDA ITEM 6
HEARING'DATE 7/16/8,
PAGE 1 R
...
ST ANDARD REQUIREMENTS
"'-
BUILDING AND SAFETY DEPARTMENT
r
27
28
29
30
31
32
33
34
\"
MAy....
'"
Submit plans prepared by a Registered Building Designer, Architect or Civil
or Structural Engineer.
Submit a complete lateral and structural analysis prepared by a Registered
Civil or Structural Engineer or Architect.
Submit State of California Title 24 Energy Calculation Forms
for residential, non-residential buildings including a signed compliance
statement.
Submit calculations and structural drawings, prepared by a Registered Civil
Structural Engineer or Architect, for the following items:
Submit floor plan of existing structure. Label all uses and existing
materials of construction.
Submit two complete sets of construction plans including:
a. Copy of conditions.
b. Soils and/or liquefaction report.
c. Energy calculations.
d. Structural calculation.
Submit a preliminary (soils) (geology) (soils and geology with liquifica-
tion analysis) report prepared by a person licensed to do so.
Submit a single line drawing of the electrical service. Show all equip-
ment, conduit and wire sizes and types. Show the service ground size and
grounding electrode.
Submit panel schedule{s) and electrical plans.
Permit required for demolition of existing building{s) on site.
Submit a plan of the heating, ventilating or air conditioning system.
(Clearly identify the location and rating of the equipment and the sizes
and material of all ducts, registers and the location of all fire dampers.)
Show means of providing mechanical ventilation as required by the 1979
Uniform Building Code.
Submit gas pipe loads, sizing calculations and isometrics.
....,I...........;:"..1l
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U, 'OIlM C
NIt &OFt&
.a-..,.
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,
CITY
(
SAN
'0
(
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~
OF
BERNARDINO
CASE Tentative Tract
No. 12759
AGENDA ITEM 6
HEARING DATE 7/16/85
PAGE 19
~
~
STANDARD REQUIREMENTS
"-
,.
35
----1L
37
"-
MAY 84
Provide a plot plan showing the location of the proposed sewer system.
Submit a letter clearly indicating the intended use of all areas of the
building. list the materials to be used and the products produced giving
the amount of each kept in the building. If the building is used for more
than one purpose, list all other uses.
Submit isometric plans of the cold and hot water and drain-waste and vent
systems.
Show compliance with Title 24 for the physically handicapped in the
following: Access.
Submit plans approved by the County Health Department.
Indicate methods of compliance for sound attenuation (exterior, interior
party walls, floor/ceiling assembly, ceiling> as per study, U.B.C., local
or State law.
Show compliance with requirements of high fire areas.
For structures located within high wind areas:
a. Design structure, including roof covering, using 20 p.s.f. wind load.
Other:
DEPOSI T
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~1\,_'9'_~C
(
CITY OF SAN BERNARDINO
(
o
CASE Tpnt::u";vp TY::Il"'t-
No 177~Q
AGENDA ITEM (,
HEARING DATE 7/1 (, IR~
PAGE 10
ST ANDARD REQUIREMENTS
, (
38
39
40
"-
MAY '84
"
TITLE 24 REQUIREMENTS FOR THE PERSON WITH A DISABILITY
Submit a complete floor plan showing the "footprint" that the structure
will make. All changes of elevation must be shown from the building
finish flooring through thresholds. down corridors and walkways. through
entrances to designated parking areas. Show contour lines if level changes
exceed 6 inches.
PARKING:
a. Handicap parking spaces must be provided at a rate of 1 space per 40
regular spaces. The spaces shall be 14 feet wide or 9 feet with a
5-foot transfer/access or walkway adjoining. The handicap spaces shall
be set aside. clearly marked, and close to the accessible entrance.
b. If no parking is available at the facility for the public or employees,
a "blue curb" space should be available in front of the facility.
WALKWAYS AND SIDEWALKS:
Where sidewalks cross driveways, the driveway slope shall not hamper
pedestrian traffic by encroaching into a 4B-inch sidewalk area, which shall
remain level and clear from obstructions. This 48-inch level may be
available at the top of the approach. but only i, a clear, unobstructed,
48-inch path is provided to this area.
a. Walkways shall be 36 inches wide. sidewalks adjacent to a street shall
be 48 inches wide. Walks shall be of a continuing common surface - no
steps or aburpt changes of level.
b. Sidewalks that cross driveways shall maintain a continuous 48-inch
level path. The slope of the driveway shall not encroach into the path
of travel.
A clear, level path of travel shall be indicated from the parking areas
and/or adjacent public sidewalks and thoroughfares leading into the
accessible entrance.
CURB RAMPS/CURB CUTS:
a. If the property borders a public street, all curbs, driveways,
sidewalks, and relative elevations shall be shown.
b. All sidewalks shall conform to Office of State Architecture require-
ments of slope (rise, run) of less than 1:20. Cross slopes shall be
kept to a minimum and shall not exceed one-quarter inch per foot.
:'~.,_ ....It ....'..;c:.'-'..:~
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U, FORM C
PAGE 10 OF 15
--CC~TV OF SAN( c;E~ARD~NOO-( '\nErJJORJWJDU~
To
SlEVE MARKS
Councilman, Fourth Ward
,
Subject
Possible Drainage Improvemcnts -- Scpulveda
Avenue
Date
ROGER G. IIMUGRAVE, Ilir. o~
rubl ic WOI'ks/City Engincer
Junc 27, 1985 /
File No. Tn 12759 ,/
/10:'>
From
Approved
Date
A catch basin, approximately 14' in length, has been constructed along
the west side of Sepulveda Avenue, just north of 54th Street. This basin
was built with an 8-inch high opening, in lieu of our nOI'mal 12 inch. The
result is that the majority of storm water flows by the basin. Also, the
opening is prone to becoming clogged with debris.
One possible improvement is to remove the 4' wide concrete gutter adjacent
to the basin, and reconstruct it so as to provide a 14-inch high opening.
This would divert considerably more of the storm water flow to the basin.
A preliminary estimate of cost for removing the present gutter, and construc-
ting a new gutter, is $1,500.
A catch basin has also been constructed in the west gutter, in front of the
second house north of 54th Street. This basin has a grate approximately
18" X 36". Due to the steep slope of Sepulveda Avenue, this basin is
ineffective.
"
Another i:nprovemer,t would be to remove this basin, and construct a standard
side opening catch basin north of the driveway approach to this house. The
size of this basin would be limited by the capacity of the approximate 18-
inch pipe to the existing basin. Some curb and gutter ~nd sidewalk would
need to be constructed, since only asphalt concrete dike exists north of
this driveway approach. This basin wouJd handle some of the storm water
in Sepulveda Avenue, and help prevent water from flowing on to this parcel
by ~he driveway approach. The preliminary estimate of cost for this work is
$4,000.
A slotted standpipe has been installed on the end of the pipe culvert draining
the debris basin east of Sepulveda Avenue, north of the railway line. This
standpipe was installed to help prevent the culvert from becoming clogged
with mud and debris. A second standpipe could be provided,which would ,
double the protection from the culvert becoming cl99ged; The.preliminary--
estimate of cost for this item is $1,200. Since this facility is within the .'.
limits of the proposed tract, it would normally be constructed by the de-
veloper as a condition of approval.
The houses on the west side of Sepulveda Avenue have experienced flooding
problems in the past. It is my opinion that the major source of their
problems have been caused by storm waters from the first debris basin. Their
problems will be alleviated by the subdivider extendi'ng this culvert to the
cxisting storm drain from the Brush Canyon Debris Basin. Construction of
"ry ON J'"E::J\Un'~
o
(
: (
. U 1
STEVE M^llKS, COlll( lmiln' 4th l~ard,
Drainagc - Scpulvcda ^V~. e
Junc 27. 1985 .....J
Page - 2-
(
o
o
the new catch basin will pick up the majority of the water draining from
the Water Department property, and thereby lessen the potential of flooding
probl ems to the two houses north of 54th Street.
Please advise if you would like any further information.
ROGER G. HARDGRAVE
Director of Public Works/City Engineer
RGH:rs
~c: M. Moreno,' Jr.
Public Services Dir.
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Review 01 Plans: # ~~I. rR./r IZ?",q Date:
Location: ~/S'.V? ""j~/.J'h/v4l!.-/~ yiP ,l/.;jI.[)r. Approved:
TypeofConstruction:.I'?,'I'I)/"}/::2,3/k::. ~o C, L-ot?/s Denied:
Owner/Developer: Continued:
ENGINEERING: Name: <--4;;;(. (~~ 7"-r/~' Date: -)- 2-1-
if P.S,I.~[fr~. /21nA~l? -.,;U, ,J. ';./. ($/: F <;//& //t--,./ Lh-)
/ <7' I I I
rJ- Size of Main Adjacentto the Project ,-)f'pt,IIl"'{"~r~ l -H 111 L")r. .Pi>"
[1..0 Pressure Regulator Suggested on Customer's Side on the Meter. rJ (.)
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SAN BERNARDINO CITY WATER DEPARTMENT'S
STANDARD REQUIREMENTS
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Comments: \
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&-/ Subject to tha rules & regulations of the Water Department in effect at the time of application for water service.
WATER QUALITY CONTROL DEPARTMENT: Name: rR~D
EHE/J1/ht..'IlJ
.
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Data: ,} , . ).5 .
o R.P.P. Backflow Device Required at Service Connection.
o Double Chack Backflow Device Required at Service Connection.
i ( 0 Air Gap Raquired at Service Connection.
X. No Backflow Device Required.
ENVIRONMENTAL CONTROL OFFICER: Name:
Date:
o Industrial Waste Permit May Be Required by Environmantal Control Officer.
o Grease Trap Required by Environmental Control Officer.
o No Regenerative Water Solteners May Be Installed Without Prior Approval of the Environmental Control Officer.
o Approved by Environmantal Control Officer.
SEWER CAPACITY INFORMATION: Name: -a. (\~ Date:.sl ~ \\.. c::.
~, No Sewer Capacity Charge Applicable at This Tima,
o Sewer Capacity Right Must Be Purchased from tha Redavelopmant Agency or the Mayor's Office in the Amount
of Gallons Per Day. Sewar Capacity Rights
Breakdown 01 Estimated Gallons Per Day:
Id/or:
o Prool 01 Purchase Must Be Submitted to the Watar Departmant Prior to Issuance of the Building Permit.
o This Area is Serviced by East Valley Water District and All Faas Will Be Detarmined by Thair Department.
.216 5/85
o
CIT( OOSAN BEOARtINO
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MUNICIPAL WATER DEPARTMENT
INTEROFFICE MEMORANDUM
8506-126
TO: Herbert B. Wessel
FROM: Joseph F. Stejskal
SUBJECT: TENTATIVE TRACT 112759
DATE:
June 28, 1985
(6389)
COPIES:
J. Bocanegra, S. Cismowski
-------------------------------------------------------------
The static water pressure for Tract 112759 will be approxi-
mately 20 psi at the street elevation. It has not been our
past practice to allow water connections at this pressure7
however, adequate service could be obtained if the developer
complied with the following special requirements:
1. Install I" meter services to each home.
2. Install individual 40 gpm capacity, 50 psi
hydro-pneumatic pressure pumps at each
meter.
3. Install minimum of 2" service lines from
each pressure pump to the front and rear,
of each home to eliminate additional
pressure loss.
:'P;;'J~v
~h F. Stejskal, Director
Engineering-Construction-Maintenance
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ITEM #
( LOCATION CASE T.T. #12759
6
HEARING DATE 7/16/85
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CIT{:I OF SAN BERNARD~O -
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REQU~T FOR COUNCIL A~ON
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Frank A. Schlima Appeal of Tentative Tract No.
From: Planning Director Subject:
12759 and Appeal of Variance
Dept: Planning No. 85-3
Mayor and Council Meeting of
Date: August 5, 1985 August 5, 1985, 9:00 a.m.
Synopsis of Previous Council action:
Previous Planning Commission actions:
At the meeting of the Planning Commission on May IS, 1985,
Variance No. 85-3 was approved. Vote: 7-1, 1 absent.
At the meeting of the Planning Commission on July 16, 1985,
Tentative Tract No. 12759 was approved, subject to conditions and
standard requirements, as modified. Vote: 6-2, 1 absent. The
Negative Declaration for environmental review was also approved.
"
RecommenoJed motion: That the hearing on the appeal for Variance No. 85-3 and
Tentative Tract No. 12759 be closed and the decision of the Planning Commission
be affirmed, with the following modifications to the conditions:
; 1. (That the City accept the offer of dedication for the two debris basins.
2. That the applicant submit a landscaping plan for the area located on the
south side of the proposed cul-de-sac for review and approval. Said land-
scaping plan shall include an irrigation plan, the species and amount of
I~oundcover, and the species and amount of trees and shrubs to be installed.
--rt shall be the responsibility of the property owner to the north of the
cul-de-sac to properly maintain the landscaping in perpetuity.
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Signature Frank A. Schuma
Contact person:
Frank A. Schuma
Yes, Staff Report
Phone:
383-5057
4
Supporting data attached:
Ward:
FUNDING REQUIREMENTS:
Amount:
Sou rce:
Finance:
Council Notes:
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Ageridaltem No./~ Jt/~
75-0262
CI"C OF SAN BERNARDOO -REQUOT FOR COUNCIL AQJlON
STAFF REPORT
At the citizen meeting held on Thursday, August 1, 1985 in
the Redevelopment Agency Conference Room, staff discussed the
various conditions imposed upon the development with neigh-
bors of adjoining property to the south. I believe that a
consensus of opinion was reached by the homeowners with a
positive resolution. The homeowners would. like to see the
following adjustments made to the conditions of approval:
1. That the City accept the offer of dedication for
the on-site debris basins.
2.
That no offer of dedication for a 60
way extending east from the proposed
Mrs. W~cklund's property be included
of approval.
3. That a condition be included in the approval of the
tract map which provides for perpetual maintenance
and upkeep for the area south of the proposed cul-
de-sac and that a landscaping plan be submitted to
the City for review and approval.
foot right-of",
cul-de-sac to'\p
as a condition )
In reviewing the requests from the adjoining property owners
concerning the Variance and Tentative Tract Map, both the
Planning Department and the Engineering Division would concur
with the request that the City accept the offer of dedication
for the debris basins. In our opinion, if the City were to
maintain the basins on a routine basis, a serious problem
could be mitigated. If the basins are to be maintained by a
homeowner or homeowners' association, serious potential
downhill problems could develop due to improper maintenance.
During the initial review of the tentative tract map, no
mention was made concerning the public right-of-way on the
south side of the proposed cul-de-sac. The developer was of
the opinion that this would be maintained by the City as are
most right-of-ways. It is our recommendation that a
landscaping plan be submitted to the City showing the method
of irrigation and the quantity and species of landscaping to
be installed. Once installed, the adjoining property owners
to the north shall be required to maintain the landscaping.
Finally, the adjacent property owners were of the oplnlon
that an irrevocable offer of dedication for extending a
street off the proposed cul-de-sac was not necessary and
shall not be a condition of approval. This was based on
testimony provided by the applicant's engineer indicating
that the parcel was not landlocked, since access could be
15-0264
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Appeal of T.T. No. 12759 and Var. No. .85-3
August 5~ 1985
achieved by a 30 foot access located at the terminus of Park
Lane. Although this 30-foot access could serve as an access
point, it is my opinion that the City would be better served
by allowing the condition to remain as is. If the City were
to exercise the option, it could do so with the construction
of a full street section.
FRANK A. SCHUMA
Planning Director
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QITY OF SAN BEIOJAROINOO- MEMORANOLQ
To RALPH H. PRINCE
City Attorney
Su~~ Variance No. 85-3
From
JOHN F. WILSON
Deputy City Attorney
August 5, 1985
Date
Approved
Date
670.2
As a condition of approval of the subject development,
applicant proposes to improve and then dedicate to the City
two catch basins located on the property. The catch basins
were formed when the railroad extended its grade across
certain natural canyons in the hills north of the City. As
part of the extent ion of the grade, the railroad placed
metal pipes through the grade to allow for the continued
flow downstream of the natural stream.
Pursuant to an investigation of the advisability of the
acceptance of such dedication by the City, I reviewed the
recent court case of William and Bonnie Wales v. City of
San Bernardino, et al., and the case commonly known as the
Hampshire Farms case. With respect to the Wales case, a
judgment was entered against the City in the amount of
$150,000 on June 20th of this year. As set forth in the---
recorder's transcripts of the proceedings, it was the
court I s finding that "In 1961, the City of San Bernardino
constructed a catch basin on the east side of.Pepper at that
location. The court does find that that was negligently and
inadequately designed." With respect to the Hampshire Farms
case, my review indicates that the City is exposed to
liability because of its ownership of the streets adjacent
to the flooded homes.
It is important to note that in both cases, the City's
liability is predicated on the City's ownershi8 of property
involved in the flooding. In no case was the ity held
subject to liability simply because of its approval of any
prior development.
OB' &.
Deputy City Attorney
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