HomeMy WebLinkAboutR24-Economic Development Agency
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ECONOMIC DEVELOPMENT AGENCY
OF THE CITY OF SAN BERNARDINO
AND
SAN BERNARDINO CITY HOUSING AUTHORITY
DATE: September 9, 2005
SUBJECT: Property Owner Participation Acreement (OPAl -
Meadowbrook Park Revitalization Area and
Resolution Rescinding SBHA 2005-03 Resolution of
Public Interest and Necessity of Acquisition of Real
Property located at the northwest corner of Allen
Street and Riallo Avenue, San Bernardino, California
FROM: Maggie Pacheco
Deputy Director
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Svnopsis of Previous Commission/CouncillCommillee Action(s):
On February 3, 2003, the Community Development Commission approved the Single Family Meadowbrook Grant Agreement
between the Agency and ANR Industries, Inc. ("Grant Agreement") for the development of 23 single family homes in the area
bounded by Sierra Way and Allen Street, 2"' Street and Rialto Avenue (Phase I - "Project"), commonly referred to as the
Meadowbrook Area.
On May 17, 2004, the San Bernardino City Housing Authority ("Authority") and the Redevelopment Agency entered into a
Redevelopment Cooperation Agreement in order for the Authority to assist the Agency in fulfilling its obligations under the
Grant Agreement with ANR Industries, Inc., also referred to as Meadowbrook Homes, Inc., and to facilitate the development of
affordable housing in the Meadowbrook Area.
On January 10, 2005, the Community Development Commission approved the 2005 Meadowbrook Single Family Residential
Development Agreement ("2005 Agreement") with Meadowbrook Homes, Inc. for the development of eight (8) more single
family homes in the Meadowbrook Area.
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Recommended Motion(s):
(Communitv Development Commission)
A: Resolution of the Community Development Commission of the City of San Bernardino approving and authorizing the
Executive Director of the Redevelopment Agency of the City of San Bernardino ("Agency") to execute the 2005 Property
Owner Participation Agreement by and between the Redevelopment Agency of the City of San Bernardino and Bonnie
S. Johnson ("Owner") for the development of three (3) single family homes on the property located on the northwest
comer of Allen Street and Rialto Avenue (APN: 0135-292-39) ("Property") (Meadowbrook Park Revitalization Area)
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(San Bernardino Citv Hausine Authoritv)
B: Resolution of the San Bernardino City Housing Authority making certain findings with respect to the use of certain
Property for residential development in the Meadowbrook Park Revitalization Area and rescinding Housing Authority
Resolution No. SBHA 2005-03 adopted June 20, 2005 related to the land located at the northwest comer of Allen Street
and Rialto Avenue, San Bernardino, California, APN 0135-292-39 ("Property")
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Contact Person(s):
Project Area(s)
Gary Van asdel/Maggie Pacheco
IVDA Redevelopment Project Area
Phone:
(909) 663-1044
Ward(s):
Supporting Data Attached:
FUNDING
REQUIREMENTS
o Staff Report 0 Resolution(s) 0 Agreement(s)/Contract(s) 0 Map(s) 0 Letters
Amount:
N/A
Source:
,
SIGNATURE: lrd -
~ v- M ggie Pacheco, Deputy Director
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Commission/Council Notes:
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P \AgendaslHousing AlItllol'ilyI05-09-19 Jollnion OPA & Reicilldilli Reill SR doc
COMMISSION MEETING AGENDA
Meeting Date: 09/19/2005
Agenda lIem Number: ~ Y
ECONOMIC DEVELOPMENT AGENCY
STAFF REPORT
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PROPERTY OWNER PARTICIPATION AGREEMENT (OPA)
MEADOWBROOK PARK REVITALIZATION AREA AND RESOLUTION RESCINDING
SBHA 2005-03 RESOLUTION OF PUBLIC INTEREST AND NECESSITY OF ACQUISITION
OF REAL PROPERTY LOCATED AT THE NORTHWEST CORNER OF ALLEN STREET
AND RIAL TO A VENUE, SAN BERNARDINO, CALIFORNIA
BACKGROUND/CURRENT ISSUE:
On January 3, 2003, the Community Development Commission approved the Meadowbrook Single
Family Residential Development Grant Agreement with ANR Industries, Inc. (ANR), for the
development of twenty-three (23) new single-family homes (Phase I). ANR has since completed the
construction, sold nineteen (19) new homes and acquired more properties for development in the area
bounded by Sierra Way, Waterman Avenue, 2nd Street, and Rialto Avenue ("Target Area"). With the
assistance from the Agency and Housing Authority, Meadowbrook Park Homes, Inc. (a subsidiary of
ANR Industries, Inc.) has acquired additional properties for the Phase lA, development of eight (8)
additional new homes, under the 2005 Meadowbrook Single Family Residential Development Agreement
approved by the Community Development Commission on January 10,2005.
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On February 2, 2004, the Community Development Commission and the Housing Authority directed
Agency Staff to proceed with the acquisition of various properties located within the Target Area. Offers
to acquire were sent out to property owners after the appraised value of each property was determined.
Bonnie S. Johnson, Owner of the vacant property located on the northwest comer of Allen Street and
Rialto A venue ("Property") (See attached map I) elected not too sell the Property to the Agency, but
rather undertake the development of her Property. As a compromise, on April 22, 2005, Staff sent a
Property Owner Participation Agreement (OP A) for execution by the Owner to allow for the development
of the Property in lieu of the Housing Authority exercising its powers of condemnation. The Owner did
not return an executed OP A to Agency Staff.
On June 20, 2005, the San Bernardino City Housing Authority adopted Resolution 2005-03, a Resolution
of Public Interest and Necessity to proceed with condemnation within 30 days from the date of the
adoption of said Resolution, relative to the property located at the northwest comer of Allen and Rialto
(the "Property") in order to give Staff and the Owner, Ms. Bonnie Johnson an opportunity to work out the
terms and conditions of an Owner Participation Agreement. Should the Owner execute the Property
Owner Participation Agreement (OPA), then the Agency would delay taking any further condemnation
action until the terms and conditions of the OP A were met by the Owner. Although the Owner did not
sign the OP A exactly within the 30 days, the Owner did finally agree to the terms and conditions of the
OP A and executed said OP A on July 26, 2005.
By executing the OPA, the Owner has agreed to comply with the development design standards approved
for the Target Area by the Planning Commission as per the schedule in the OPA. The proposed three (3)
single family homes must each be at least 1,500 square feet in size with three (3) bedrooms and two (2)
baths with an attached garage similar to ANR's Plan C Spanish and Craftsman's development style (See
attached) ("Project"). The OP A requires that Ms. Johnson, at her expense, procure appropriate plans for
construction for the Project within three (3) months of the execution of an OPA; obtain all necessary
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I' \Agcndas\HO\ISing AUlborilylO5-09-1 \l Jvhnson OPA &: RC$Cinding Reso SRdoc
COMMISSION MEETING AGENDA
Meeting Date: 09/19/2005
IJ:J U
Agenda Item Number: ~
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Economic Development Agency Staff Report
Johnson OPA and Rescinding Resolution
Page 2
permits and authorizations to proceed with construction from the City within six (6) months; commence
construction of the Project within nine (9) months; and complete the construction of the Project per City
zoning and building regulations; last but not least, Ms. Johnson, must sell the Project to Homebuyers that
commit in writing, to live in the home as their primary residence no later than eighteen (18) months from
the effective date of the OP A. Should Ms. Johnson fail to comply with the provisions of the OP A, the
Agency will retain its legal right to exercise its' power of condemnation pursuant to the terms of the
Cooperation Agreement between the Agency and the Housing Authority. Since Ms. Johnson has executed
the OPA, the Resolution No. SBHA 2005-03 adopted on June 20, 2005 is no longer needed and it is
recommended that the resolution be rescinded.
ENVIRONMENTAL IMPACT:
The proposed OPA and Rescinding Resolution described above are categorically exempt under the
California Environmental Quality Act ("CEQA"), Section 15332, Class 32. The OPA requires the Owner
to develop three infill housing units where the Property enjoys full utility services, abuts a dedicated and
fully improved public street. The development of the infill homes will be consistent with the City's
General Plan and Zoning. Accordingly, a Notice of Exemption for the infill homes under CEQA Section
15332, Class 32 will be filed with the County Clerk.
FISCAL IMPACT:
There is no fiscal impact to the Housing Authority as a result of this action, the Owner is responsible for
the construction cost of developing the three (3) single family homes.
RECOMMENDATION:
That the Community Development Commission and the San Bernardino City Housing Authority adopt
the attached Resolutions.
).
Maggie Pach co, Deputy Director
P:\Agendas\Housing AlIlhorily\OS-09-11l Johnson OPA & Rescinding Reso SR.do<:
COMMISSION MEETING AGENDA
Meeting Date: 09/19/2005
Agenda Item Number: RJ:/-
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RESOLUTION NO.
RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO APPROVING AND AUTHORIZING
THE EXECUTIVE DIRECTOR OF THE REDEVELOPMENT AGENCY OF
THE CITY OF SAN BERNARDINO ("AGENCY") TO EXECUTE THE 2005
PROPERTY OWNER PARTICIPATION AGREEMENT BY AND
BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF SAN
BERNARDINO AND BONNIE S. JOHNSON ("OWNER") FOR THE
DEVELOPMENT OF THREE (3) SINGLE FAMILY HOMES ON THE
PROPERTY LOCATED ON THE NORTHWEST CORNER OF ALLEN
STREET AND RIALTO AVENUE (APN: 0135-292-39) ("PROPERTY")
(MEADOWBROOK PARK REVITALIZATION AREA)
WHEREAS, on January 3, 2003, the Community Development Commission approved
the Meadowbrook Single Family Residential Grant Agreement ("2003 Agreement") with ANR
Industries Inc., ("Developer") for the development of twenty-three (23) new single family
homes for sale and occupancy by homebuyers ("New Homes"); and
WHEREAS, ANR Industries Inc., through its subsidiary Meadowbrook Park Homes
Inc., ("Developer") have constructed and sold the New Homes in fulfilling its obligation under
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the approved Meadowbrook Single Family Residential Grant Agreement; and
WHEREAS, on January 10,2005, the Community Development Commission approved
the 2005 Meadowbrook Single Family Development Agreement with the Developer
("Agreement") for the development of eight (8) additional new homes for sale and occupancy
by homebuyers; and
WHEREAS, the Redevelopment Agency of the City of San Bernardino (the "Agency")
has embarked on a program to acquire properties in the Meadowbrook Park Revitalization Area
in order to prevent and eliminate the spread of blight and provide for the expansion of the
community's supply of affordable housing for persons and families oflow and moderate income
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and to provide for the relocation of persons and households occupying substandard dwelling
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units into safe, sanitary and decent housing; and
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WHEREAS, the Agency has identified certain properties for acquisition and assembly
for future development of affordable infill housing within the Meadowbrook Park Revitalization
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Area, which would include acquisition by exercising the power of condemnation pursuant to the
Eminent Domain Law, Code ofCiv. Proc. Section 1230.010 et seq.; and
WHEREAS, Bonnie S. Johnson is the owner (the "Owner") of the property located on
the northwest comer of Allen Street and Rialto Avenue, (APN: 0135-292-39) (the "Property") is
among the properties identified for possible acquisition and the Owner has represented to the
Agency that in lieu of the Agency, through the San Bernardino City Housing Authority,
exercising the powers of condemnation pursuant to Eminent Domain Law, the Owner shall
construct or caused to be constructed, three (3) single family homes which shall be owned and
occupied by purchasers who agree in writing to occupy the Property as their primary residence;
and
WHEREAS, the Agency and the Owner are amenable to entering into the Property
Owner Participation Agreement (OP A) to set forth the respective duties of the parties regarding
the development of the Property by the Owner in compliance with the approved Design
Standards and Schedule of Performance specified in the OPA.
NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION OF THE
CITY OF SAN BERNARDINO DOES HEREBY RESOLVE, DETERMINE AND ORDER,
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Section 1. The Community Development Commission hereby approves the 2005
Property Owner Participation Agreement ("Agreement") with Bonnie S. Johnson for the
Meadowbrook Park Revitalization Area in the form as presented at the meeting of the
Commission at which this Resolution is adopted and hereby authorizes the Executive Director
to execute the Agreement on behalf of the Agency.
Section 2. The Community Development Commission hereby find and determine
that the environmental review of the OP A contemplated hereunder is "categorically exempt" for
the reasons indicated in the Staff Report. No potentially adverse environmental effects are
anticipated to be associated with the OPA based upon its own independent review of the
information provided to the Community Development Commission regarding the OPA, and the
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Community Development Commission hereby authorizes the filing of a Notice of Exemption
under CEQA Section 15332, Class 32.
Section 3. The Executive Director of the Agency is hereby authorized to make
minor corrections, additions, clarifications, interpretations to the Agreement, provided said
changes are not substantive in nature, do not increase the monetary impact to the Agency, if
applicable, and are consented to by Agency Counsel.
The Resolution shall become effective immediately upon its adoption.
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RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO APPROVING AND AUTHORIZING
THE EXECUTIVE DIRECTOR OF THE REDEVELOPMENT AGENCY OF
THE CITY OF SAN BERNARDINO ("AGENCY") TO EXECUTE THE 200S
PROPERTY OWNER PARTICIPATION AGREEMENT BY AND
BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF SAN
BERNARDINO AND BONNIE S. JOHNSON ("OWNER") FOR THE
DEVELOPMENT OF THREE (3) SINGLE FAMILY HOMES ON THE
PROPERTY LOCATED ON THE NORTHWEST CORNER OF ALLEN
STREET AND RIALTO AVENUE (APN: 0135-292-39) ("PROPERTY")
(MEADOWBROOK PARK REVITALIZATION AREA)
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the
Community Development Commission of the City of San Bernardino at a
meeting thereof. held on the
day of
,2005, by the following vote to wit:
Commission Members:
Navs
Abstain
Absent
Aves
ESTRADA
LONGVILLE
MCGINNIS
DERRY
KELLEY
JOHNSON
MC CAMMACK
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20 The foregoing resolution is hereby approved this
Secretary
day of
,2005.
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Judith Valles, Chairperson
Community Development Commission
of the City of San Bernardino
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24 Approved as to form and Legal Content:
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RESOLUTION NO.
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RESOLUTION OF THE SAN BERNARDINO CITY HOUSING
AUTHORITY MAKING CERTAIN FINDINGS WITH RESPECT TO THE
USE OF CERTAIN PROPERTY FOR RESIDENTIAL DEVELOPMENT IN
THE MEADOWBROOK PARK REVITALIZATION AREA AND
RESCINDING HOUSING AUTHORITY RESOLUTION NO. SBHA 2005-03
ADOPTED JUNE 20, 2005 RELATED TO THE LAND LOCATED AT THE
NORTHWEST CORNER OF ALLEN STREET AND RIAL TO A VENUE,
SAN BERNARDINO, CALIFORNIA, APN 0135-292-39 ("PROPERTY")
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WHEREAS, the San Bernardino City Housing Authority, a public body corporate an
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politic (the "Authority") has previously adopted Resolution No. SBHA 2005-03, dated June 20
2005 entitled:
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"Resolution of the San Bernardino City Housing Authority declaring the public
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interest and necessity of acquisition of real property by the San Bernardino
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City Housing Authority over the property located at the northwest comer of Allen
Street and Rialto Avenue, San Bernardino, California (APN# 0135-292-39) in the
Inland Valley Development Agency Redevelopment Project Area"; and
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WHEREAS, the Authority's Resolution No. SBHA 2005-03 affects the property locate
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at the northwest comer of Allen Street and Rialto Avenue, San Bernardino, California (th
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"Property"); and
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WHEREAS, soon after the Authority adopted Resolution No. SBHA 2005-03, Bonnie S
Johnson (the "Property Owner") executed the 2005 Property Owner Participation Agreemen
(OP A) by and between the Redevelopment Agency of the City of San Bernardino (th
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"Agency") and Property Owner indicating a desire to develop three (3) single family home
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("Homes") on the Property and that the Homes will be constructed in conformance with the Cit
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guidelines set forth in the Development Permit III No. 03-34 as previously approved by th
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Planning Commission on November 18, 2003 for the Meadowbrook Park Revitalization Area'
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and
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WHEREAS, Meadowbrook Park Homes, Inc. (the "Developer") and the Redevelopmen
2 Agency of the City of San Bernardino (the "Agency") have previously entered into an agreemen
3 entitled "2005 Meadowbrook Single Family Residential Development Agreemen
(Meadowbrook Neighborhood Restoration Area)", dated as of January 10, 2005 (the "2005
Meadowbrook Agreement"), pursuant to which Developer agreed to undertake construction an
development of new single family homes within the area described in the 2005 Meadowbroo
Agreement as the "Meadowbrook Neighborhood Revitalization Area"; and
WHEREAS, the Property is situated in the Meadowbrook Neighborhood Revitalizatio
Area and the Property Owner has agreed to develop three (3) new single family homes for sal
and occupancy by homeowners (the "Project") and to compliment the efforts of the Agency t
eliminate conditions of blight in the Meadowbrook Neighborhood Revitalization Area.
NOW, THEREFORE, IT IS HEREBY RESOLVED, DETERMINED AND ORDERED
BY THE SAN BERNARDINO CITY HOUSING AUTHORITY, AS FOLLOWS:
Section 1.
The Authority hereby acknowledges receipt of the 2005 Property Owner
Participation Agreement (OPA) by and between the Agency and Bonnie S. Johnson (dated July
26,2005) as it relates to the development of the Property.
Section 2.
The Authority hereby finds and determines that the construction of the
Project on the Property by the Property Owner and the sale of the Project by the Property
Owner to homebuyers will substantially promote the goals and objectives of the Agency and
the Authority in achieving the redevelopment of the Meadowbrook Neighborhood
Revitalization Area, which shall increase the supply of new single family homes in the
community and shall promote new home ownership in the Meadowbrook Park Neighborhood
Revitalization Area by all economic segments of the community. In view of the foregoing, the
Authority further finds and determines that its actions to acquire the Property are no longer
necessary, provided that the Property Owner causes the Property to be improved in compliance
4835-6121-9072.1
PIA81=nd3s\Housil\& Aulhol'ily\o5.09.19 Rescinding B Jollnson Rcwdoc
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with the terms of the OPA.
Section 3.
The Authority hereby rescinds Resolution No. SBHA 2005-03 and
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declares that such resolution is of no further force and effect. No further proceedings for the
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acquisition of the Property by the Authority shall be taken pursuant to Authority Resolution No.
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SBHA 2005-03, or other previous direction of the Authority; provided, however, that the
rescission of Authority Resolution No. SBHA 2005-03 shall be without prejudice to prospective
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actions of the Authority in the event that the Property may not hereafter be improved and
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offered for sale as three (3) new single-family homes within the period of time stated in the
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OPA.
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The Authority hereby find and determine that the environmental review
Section 4.
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of the OP A and the Rescinding Resolution contemplated hereunder is "categorically exempt"
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for the reasons indicated in the Staff Report. No potentially adverse environmental effects are
anticipated to be associated with the OPA and Rescinding Resolution based upon its own
independent review of the information provided to the Authority regarding the OPA and
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Rescinding Resolution, and the Authority hereby authorizes the filing of a Notice of Exemption
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under CEQA Section 15332, Class 32 relating to the OP A and Rescinding Resolution.
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The Resolution shall become effective immediately upon its adoption.
Section 5.
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RESOLUTION OF THE SAN BERNARDINO CITY HOUSING
AUTHORITY MAKING CERTAIN FINDINGS WITH RESPECT TO THE
USE OF CERTAIN PROPERTY FOR RESIDENTIAL DEVELOPMENT IN
THE MEADOWBROOK PARK REVITALIZATION AREA AND
RESCINDING HOUSING AUTHORITY RESOLUTION NO. SBHA 2005-03
ADOPTED JUNE 20,2005 RELATED TO THE LAND LOCATED AT THE
NORTHWEST CORNER OF ALLEN STREET AND RIALTO AVENUE,
SAN BERNARDINO, CALIFORNIA, APN 0135-292-39 ("PROPERTY")
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I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the S
7 Bernardino City Housing Authority at a
meeting thereof, held on the _ da
8 of
9 Commissioners:
10 ESTRADA
11 LONGVILLE
12 MCGINNIS
13 DERRY
e 14 KELLEY
15 JOHNSON
16 MC CAMMACK
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,2005, by the following vote to wit:
Aves
Navs
Abstain
Absent
Secretary, San Bernardino City Housing
Authority
20 The foregoing resolution is hereby approved this
day of
,2005.
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Judith Valles, Chairperson
San Bernardino City Housing Authority
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Approved as to form and Legal Content:
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By:
,i;~ ,.
,'.(,. >-it \"~
'; J!r
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Authority Legal Counsel
4835-6] 2] -9072.]
p \AicndaslHolllina Awhurily\05-09.19 Racindilli B Johnson Relo doc;
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REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO
2005
PROPERTY OWNER PARTICIPATION AGREEMENT
(Johnson et 81.)
THIS 2005 PROPERTY OWNER PARTICIPATION AGREEMENT (the "Agreement")
is dated as of July 26, 2005, by and among Bonnie S. Johnson (the "Owner") and the Redevelopment
Agency of the City of San Bernardino, a public body corporate and politic (the "Agency"), and this
Agreement is entered into with respect to the following facts:
RECITALS
WHEREAS, the Owner owns the land (APN: 0135-292-39) situated on the northwest corner
of Allen Street and Rialto A venue, San Bernardino, California 92408 (the "Property"). The general
location of the Property is shown on a vicinity map and legal description attached as Exhibit "A" and
is incorporated by this reference; and
WHEREAS, the Agency is in the process of identifying certain properties for acquisition and
assembly for the future development of affordable infill housing in the Meadowbrook Park
Revitalization Project Area within the Inland Valley Development Agency ("IVDA")
Redevelopment Project Area in order to help eradicate blight and provide needed affordable housing,
which could include acquisition by exercise of the power of condemnation pursuant to the Eminent
Domain Law, Code ofCiv. Proc. Section 1230.010 et seq.; and
WHEREAS, the Agency is interested in including the Property as part of the aforementioned
infill housing project development; and
WHEREAS, the Owner has represented to the Agency that, in lieu of the Agency exercising
the powers of condemnation pursuant to the Eminent Domain Law, the Owner shall construct, or
cause to be constructed, three (3) single family homes (SFR) to be owned and occupied by the
purchasers; and
WHEREAS, the Agency and the Owner (the Agency and the Owner are sometimes referred
to herein as the "Parties") are amenable to entering into this Agreement to set forth the respective
duties ofthe Parties regarding the development ofthe Property by the Owner in lieu of condemnation
of the Property by the Agency.
NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL PROMISES AND
COVENANTS OF THE PARTIES, THE OWNER FOR THEMSELVES AND THEIR
SUCCESSORS AND ASSIGNS, AND THE AGENCY FOR ITSELF AND ITS SUCCESSORS
AND ASSIGNS, AGREE:
4822-2026-7776.1
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Section 1. Recitals. The matters set forth in the Recitals of this Agreement are true and
correct and are material elements to the formation of this Agreement.
Section 2. Effective Date of A2reement. This Agreement shall take effect following its
approval by the Agency and execution by the parties.
Section 3. Covenant of the Owner to Construct Sin21e Familv Residential Units
("SFR") on the Propertv. Subject to the terms of this Agreement, the Owner covenant and agree as
follows:
(a) Within three (3) months of the Effective Date of this Agreement, the Owner shall
have, at the Owner' sole cost and expense, procured appropriate plans for the
construction and installation of up to three (3) SFR units each with three (3)
bedrooms, two (2) bathrooms and a two (2) car garage in conformance with the
approved DP III No. 03-34 (Exhibit "C") on the Property to be sold for occupancy by
the purchasers or owner occupants (the "Plans"). The Plans shall be subject to the
review and written approval of the Agency;
(b)
Within six (6) months of the Effective Date of this Agreement, the Owner shall, at
the Owner' sole cost and expense, obtain all necessary permits and authorizations to
proceed with the construction and installation of the SFR units on the Property from
the City and/or any other agency having jurisdiction over the construction and
development of the Property;
(c) Within nine (9) months of the Effective Date of this Agreement, the Owner shall
have commenced, construction of the SFR units on the Property;
(d) Within eighteen (18) months of the Effective Date of this Agreement, and in
consideration of the Agency's agreement not to exercise its power of condemnation
of the Property, the Owner shall construct and complete at the Owner' sole cost and
expense, three (3) single family residences on the Property, in accordance with all
applicable zoning and building regulations of the City;
(e) The Owner agrees to allow the Agency or its agents upon prior notice at reasonable
times to inspect I) the building plans for the construction of the SFR units on the
Property and 2) the progress of construction of the SFR units on the Property to
ensure that the construction and installation of the SFR units on the Property is
occurring on a timely schedule and to the reasonable satisfaction of the Agency.
(f)
The Owner agrees that the completed SFR units will be sold only to purchasers that
promises in writing to occupy the SFR units as their primary residence. The Owner
agree that the Property shall not be rented, and that no person shall occupy the SFR
units, prior to sale to a purchaser that intends to occupy the SFR as a primary
residence.
4822-2026-1776.1
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Section 4. A!!encv Not to Reouest or Assist Housin!! Authority to Acouire ProDertv.
As the sole, exclusive and complete consideration for the Owner' covenants and performance
obligations as described in Section 3, the Agency agrees that for the period described in Section 3( d),
above, the Agency shall not request, authorize or assist the Housing Authority to commence
proceedings to acquire the Property by way of the exercise of condemnation powers of the Housing
Authority for affordable housing development and operation purposes pursuant to the Eminent
Domain Law, Code of Civ. Proc. Section 1230.010 et sea. The Agency hereby acknowledges that in
the event of a default on the part of the Owner with respect to any of the provisions described in
Section 3, the Agency may exercise any lawful remedies on its part, including, but not limited to, the
acquisition of the Property by eminent domain.
Section 5. Defaults and Breach - General. Failure or delay by either party to perform
any material term or provision of Section 3 and Section 4 of this Agreement shall constitute a default
under this Agreement; provided however, that if the party who is otherwise claimed to be in default
by the other party under Section 3 or Section 4 of this Agreement commences to cure, correct or
remedy the alleged default within thirty (30) calendar days after receipt of written notice specifying
such default and shall diligently complete such cure, correction or remedy, such party shall not be
deemed to be in default.
The party that claims a default has occurred shall give written notice of default to the party in
default, specifying the alleged default. Delay in giving such notice shall not constitute a waiver of
any default nor shall it change the time of default; provided, however, the injured party shall have no
right to exercise any remedy for a default without delivering the written default notice.
Any failure to delay by a party in asserting any of its rights and remedies as to any default
shall not operate as a waiver of any default or of any rights or remedies associated with a default.
Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the
rights and remedies of the parties are cumulative and the exercise by either party of one or more of
such rights or remedies shall not preclude the exercise by it, at the' same or different times, of any
other rights or remedies for the same default or any other default by the other party.
In the event that a default of either party may remain uncured for more than thirty (30)
calendar days following written notice, as provided above, a "breach" shall be deemed to have
occurred. In the event of a breach, the party who is not in default shall be entitled to seek any
appropriate remedy or damages by initiating legal proceedings.
Section 6. Covenants Runnin!! With the Land. The provisions of this Agreement shall
be covenants that run with the land and the Property for a term oftwenty four (24) months from the
date of approval of this Agreement by motion or resolution of the Agency, as applicable. This
Agreement is expressly declared by the parties to be for the benefit of the Property and the IVDA
Redevelopment Project Area.
4822.2026- m6.\
P, \Clerical Service. Oept\WII..n..\Acquisitiona\Me.Jdowbrook (Blue) \2005\05-04-1' Owner part.idp.tion Agreelllent-B.Johnaon.doc
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Section 7.
Termination of A2reement.
(a) Provided that the Owner is not in default under the Agreement, the Owner may jointly
terminate this Agreement at hislher discretion for any reason within the first nine (9) months
following the effective date and before the commencement of construction of the improvements of
the SFR units on the Property, as provided in Section 3, by serving written notice of termination of
the Agreement to the Agency which specifically refers to this Section 7 (a) of the Agreement. Upon
receipt by the Agency of such written notice of termination, and provided the Owner is not then in
default, the Parties shall be mutually released from any further obligation that arises under this
Agreement and the Agency shall have the discretion to cause the Property to be redeveloped for
affordable housing purposes by other applicable law.
(b) The Agency may terminate this Agreement at its discretion upon serving written
notice of termination of the Agreement to the Owner that specifically refers to this Section 7(b) of
the Agreement, in the event that the construction of the SFR on the Property has not been timely
commenced for any reason within nine (9) months following the approval of this Agreement by the
Agency. Upon receipt by the Owner of such written notice of termination, the Parties shall be
mutually released from any further obligation that arises under this Agreement and provided the
Owner is not then in default, the Parties shall be mutually released from any further obligation that
arises under this Agreement and the Agency shall have the discretion to cause the Property to be
redeveloped for affordable housing purposes by other applicable law.
Section 8. Representations and Warranties of the Owner. The Owner makes the
following representations and warranties to the Agency and the Owner acknowledges that execution
of this Agreement by the Agency is made in material reliance by the Agency on such representations
and warranties:
(1) Owner has the legal right, power and Agency to enter into this Agreement, and the
instruments and documents referenced herein and the Owner has taken all requisite
action and obtained all requisite consents in connection with entering into this
Agreement;
(2) This Agreement has been duly executed by the Owner and shall be enforceable in
accordance with its terms;
(3) Execution of this Agreement shall not result in a breach of, nor constitute a default
under any other agreement, document, instrument or other obligation to which the
Owner is a party, or under law, statute, ordinance, rule, governmental regulation or
any writ, injunction, order or decree of any court or governmental body applicable to
the Owner, or any of them, or to the Property;
(4) Owner jointly owns the fee title interest in the Property, subject only to the matters of
record disclosed to the Agency;
4822-2026-7776.1
p, \Clerical Servicu Dept\~a"'na\Acqui.ition.\"eadowbrook. (Blue) \:1:005\05-04-19 Ownlllr partic:Lpation Agre.....nt-B.John.on.doC'
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(5)
Owner has the funds available to them to undertake the construction and installation
of the SFR on the Property;
(6) Owner shall carry out the construction of all improvements on the Property in
conformity with all applicable laws, zoning ordinances and building codes; and
(7) Owner shall, at their own cost and expense, secure or shall cause to be secured, any
and all permits that may be required by the City or any other governmental entity
having jurisdiction over the construction ofSFR units on the Property.
Section 9. Owner Indemnity. The Owner agrees to indemnity and hold the Agency, its
officials, officers, attorneys, employees and agents, harmless from and against all damages,
judgments, costs, expenses and attorney's fees arising from or related to any act or omission of the
Owner, or any ofthem, in performing their obligations hereunder. The Agency shall give the Owner
a written notice of the occurrence of a claim, litigation or other matters for which the Agency may
seek indemnity under this Section 9 as promptly as practicable following the Agency's knowledge of
the occurrence of such matter, and the Agency shall reasonably cooperate with the Owner in the
defense of any such claim or matter and shall not take any action that would adversely affect the
Owner' defense of such matter.
Section 10. Owner Insurance. The Owner shall furnish, or shall cause to be furnished, to
the Agency duplicate originals or appropriate certificates of comprehensive general liability
insurance in the minimum amount of One Million Dollars ($1,000,000.00) combined single limit,
naming the Agency and the City as additional insureds. Such insurance shall cover comprehensive
general liability including, but not limited to, contractual liability; acts of subcontractors; premises-
operations; explosion, collapse and underground hazards, ifapplicable; broad form property damage,
andpersonal injury including libel, slander and false arrest. In addition, the Owner shall provide to
the Agency adequate proof of worker's compensation insurance coverage for its employees. Any
and all insurance policies required hereunder shall be obtained from insurance companies admitted in
the State of California and rated at least B+/ (viii) in the most current edition of the Best's Kev
Rating Guide: Prooertv-Casualtv. All such insurance policies shall provide that they may not be
canceled unless the Agency receives written notice of cancellation at least thirty (30) calendar days
prior to the effective date of cancellation. Any and all insurance obtained by the Owner hereunder
shall be primary to any and all insurance which the Agency may otherwise carry, including self
insurance, which for all purposes of this Agreement shall be separate and apart from the
requirements ofthis Agreement. Any and all insurance required hereunder shall be maintained and
kept in force until end of the term of the construction covenants as set forth in Section 3 of this
Agreement.
Section 11. Notice of Memorandum of Al!:reement. The parties agree and declare that
the successors and assigns of each shall be bound by the terms of this Agreement. The parties shall
execute and the Agency shall cause to be recorded a Notice of Memorandum of this Agreement
substantially in the form as attached hereto as Exhibit "B" and incorporated by this reference.
4822-2026-7776.1
p, \Clerical ServiceI Dept\Waa"na\Acquisitiona\Meadowbrook (Blue) \1005\05-04-19 Own.r Participation Agreelllent-B .Jobnaon.doe
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Section 12. Subordination. If requested by the Owner's construction lender, the Agency
may waive, relinquish and subordinate any restrictions or covenants in favor of the Agency arising
from this Agreement, to a Construction Loan obtained by the Owner, which Construction Loan shall
provide for the development of the Property in the manner set forth in this Agreement.
Section 13. Attorney's Fees. If either party files any action or brings any action or
proceeding against the other arising out of this Agreement, then the prevailing party shall be entitled
to recover as an element of its costs of suit and not as damages, its reasonable attorneys' fees as fixed
by the Court in such action or proceeding or in a separate action or proceeding brought to recover
such attorney's fees. As used herein, the words "attorneys' fee" in the case of the Agency, means and
includes the salary and/or hourly rates, fees, costs and expenses, allocated on an hourly basis, of the
attorneys employed by the Office of City Attorney of the City of San Bernardino or the rates charged
by special counsel, in connection with any matter arising under this Agreement.
Section 14. Headinl!s and Attachments. The headings of each section of this Agreement
are provided for purposes of reference and convenience only and do not have any meaning which is
independent of the text of the section of the Agreement to which they may generally correspond.
The following list of attached documents are part of this Agreement:
Exhibit "A"
Vicinity Map and Legal Description of the Property
Exhibit "B"
Notice of Memorandum of Agreement
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4822-2026-7776.1
p, \ClericAl services Oept \Muana\Acquieiti0ll8\Meadowbrook (Blue) \lOOS\OS-04~ 19 Owner Participation Agre...nt-B.Johnaon.doC'
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THIS 2005 PROPERTY OWNER PARTlCIPTlON AGREEMENT is dated as of Julv26.
2005, and this Agreement shall have no force or effect unless it has been approved by the governing
body of the Agency and fully executed by the parties. This Agreement may be executed in
counterparts on behalf of the parties by their authorized offices whose signatures appear below.
Date: q ( I t; /05
. ,
Date:
4822-2026-7776.1
OWNER
b~~>1. 9k~
Bonnie S. Johnson
AGENCY
Redevelopment Agency
of the City of San Bernardino,
a public body corporate and politic
By:
P, \Clerical Service. Dept\Wuana\Acquisition.\Meadowbrook (Blue) \;1:005\05-04-19 Owner Participation Agreement-B.Johnaon.cioc
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EXHIBIT "A"
Vicinity Map and Legal Description of the Property
4822-2026-7776.\
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. EXHIBIT "A"..
All that certain real property situated IIi the Col.lnty of San Bernardino, State of
California, described as follows: . . . .
PARCEL A:
-
Lot 14, Block -AU of the Daley Tract, in the City of San Bernardino, County of San
Bernardino, State of California, as per map recorded In Book 6, page(s) 34, of
Maps, In the office of the County Recorder of San Bernardino County.
PARCEL B:
Lot 15, Block "A" of the Daley Tract, in the City of San Bernardino, County of San
Bernardino, State of California, as per map recorded In Book 6, page(s) 34, of
Maps,in the office of the County Recorder of San Bernardino County.
PARCEL C:
Lots 22,23 and 24, 8Iock"A" of the Daley Tract, in the City of San Bernardino,.
County of San Bernardino; State of California, as per map. recorded In Book 6,
.page(s) 34, of Maps, in the office of the County Recorder of San Bernardino
County. .
.'-.', ". -'
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EXHIBIT "B"
Notice of Memorandum of Agreement
4822-2026-7776.1
.
RECORDING REQUESTED BY,
AND WHEN RECORDED MAIL TO:
Redevelopment Agency of
the City of San Bernardino
201 North "E" Street, Suite 301
San Bernardino, CA 92401
Space Above Line for Use by Recorder
Recording Fee Exempt Pursuant to Government Code Section 6103
MEMORANDUM OF AGREEMENT
THIS MEMORANDUM OF AGREEMENT ("Memorandum") is dated as of July 26,2005, by
the REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, a public body corporate
and politic (the "Agency"), and BONNIE S. JOHNSON (the "Owner").
.
1. Covenant to Construct Single Familv Residences ("SFR") on the ProperlY. Upon the
terms and subject to the conditions set forth in that certain "Redevelopment Agency of the City of San
Bernardino 2005 Property Owner Participation Agreement" ("Agreement") the Owner agrees to
construct and complete at the Owner's sole cost and expense, within eighteen (18) months of the
Effective Date of the Agreement, three (3) single family residences ("SFR") on the Property currently
consisting of the land located in the City of San Bernardino, County of San Bernardino, California and
more particularly described in Exhibit "A" of the Agreement, in accordance with all applicable zoning
and building regulations of the City of San Bernardino, for sale exclusively to and occupancy by the
purchasers. The Owner agrees that the completed SFR shall be promptly sold only to purchasers that
promises to occupy the premises as the purchaser's primary residence. The Owner agrees not to rent
the property to anyone, or allow anyone to occupy the SFR, prior to sale to a purchaser that intends to
occupy the premises as a primary residence.
2. Agencv Not to Exercise Eminent Domain Acquisition of Propertv. Provided that
Owner performs all covenants and performance obligations described generally in the Agreement and
specifically, but not inclusively, those set forth in Section 3 of the Agreement, the Agency agrees that
for a period of eighteen (18) months from the Effective Date of the Agreement the Agency will not
commence proceedings to acquire the Property by way of the exercise of condemnation powers
pursuant to the Eminent Domain Law, Code of Civil Procedure 9 1230.010 et seq. The Owner
expressly acknowledges that in the event of a default on the part of the Owner, the Agency may
exercise any lawful remedies on its part, including, but not limited to, the acquisition of the Property
by eminent domain
3. Incorporation of Agreement. This Memorandum is for informational purposes only and
nothing contained in it shall be deemed to in any way modify or otherwise affect any of the provisions
of the Agreement. This Memorandum is subject to all of the provisions of the Agreement and in the
event of any inconsistency between the provisions of the Agreement and this Memorandum, the
. provisions of the Agreement shall prevail.
4822-2026- m6.1
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4. Counteroarts. This Memorandum may be executed in any number of counterparts, each
of which shall constitute an original and all of which shall constitute one and the same document
S. Covenants Runninll With the Land. Pursuant to the express tenns of Sections 3 and 6
of the Agreement, the covenants described in section 1 of this Memorandum shall run with the land
and be binding on the Owner and all successors in interest to the Owner for a term of twenty-four (24)
months from the date this Memorandum is recorded in the Official Records of the County of San
Bernardino.
IN WITNESS WHEREOF, the undersigned have executed this Memorandum of
Agreement as of the day and year first written above.
AGENCY
Redevelopment Agency of the City of San Bernardino
Date:
By:
Date: q I I;; ( 0 5
,
OWNER
;fjp~/.c,.;.<Y ~~/<.l/nJ
Bonnie S. Johnson
STATE OF
COUNTY OF
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On 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
helshelthey executed the same in hislher/their authorized capacity(ies), and that by hislher/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.
Signature
(Seal)
4822-2026-7776.1
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CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
State of Calijomia }
County of ~ ~~i.}I~H' SS.
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Though the information below is not required by law. it may prove valuable to persons relying on the document and could prevent
Iraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
TOpOl thumb here
C 1999 NoiIliOOal NoIary~l101'l. 9350 De Sota fINe, P.O. BoJ 2402. Chillswor1h, CA91JI3-24Q2. wwwnatoonalnotary,org
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EXHIBIT "A"
All that certain real property situated in th~ County of San Bernardino, State of
Calff'onlla, :desCrtbedas follows:
PAR~EL A:
-
lot 14, Block-A" of the Daley Tract, in the City of San Bernardino, County of San
Bernardino, State of California, as per map recorded in Book.6, page(s) 34, of
Maps,ln the office of the County Recorder of San Bernardino County.
PARC~ B:
. . . ".
Lot 15, Btock "A" of the Daley Tract, in the City of San Bernardino, County of San
BernardinO, State of California, as per map recorded in Book 6, page(s) 34, of
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EXIllBIT "e"
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.e SUMMARY
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CITY OF SAN BERNARDINO PLANNING DIVISION
CASE:
AGENDA ITEM:
HEARING DATE:
WARD:
Development Permit Type III No. 03-34
3
November 18,2003
I
OWNER/APPLICANT:
ANR Industries, Inc.
10702 Hathaway Drive, No. I
Santa Fe Springs, CA 90670
562-777-9807
REQUESTILOCA nON:
)
A request for approval of a Development Permit (Type III) to construct 20 single-family homes
on existing residential lots. The lots have a minimum lot size of6,750 square feet. The project
site is located within a two-block area between 2nd Street and Rialto Avenue, west of Sierra Way
and east of Allen Street in the RU-I, Residential Urban, land use district.
CONSTRAINTS/OVERLA YS:
Flood Zone X Area.
ENVIRONMENTAL FINDINGS:
I
o Not Applicable
o Exempt from CEQA, Section 15332 -Infill Development
o No Significant Effects
o Potential Effects, Mitigation Measures and Mitigation Monitoring/Reporting Plan
STAFF RECOMMEND A nON:
Ii'! Approval
Ii'! Conditions
o Denial
o Continuance to:
.~
-
e
Development Permit /ll 03-34
11//8/03
Page 1
REOIJEST AND PROJECT DESCRIPTION
. The applicant requests approval of a Development Permit Type In under the authority of
Development Code Section 19.04.020, Table 04.01 (Q), to construct 20 single-family homes on
existing residential lots. The lots have a minimum lot size of 6,750 square feet The project site
is located within a two-block area between 2nd Street and Rialto Avenue, west of Sierra Way and
east of Allen Street in the RU-l, Residential Urban, land use district (Attachment A).
This Development Permit also includes the development of additional single family homes (in
the same two-block area) on lots the applicant is in the process of purchasing.
The proposal offers a I and 2-story housing styles with 3 different model plans. Each model
plan offers 2 variations of finishes that includes a stucco look and wainscot texture for a total of
6 variety choices. Although the RU-I district allow a maximum density9f 8 units per gross acre
and duplex development, the proposal is for detached single-family homes.
The proposed layouts are as follows:
Home square footage
Plaill is 1,847 square feet (living area) with a 2-car garage (400 square feet) - 2-story
. Plan 2 is 1,591 square feet (living area) with a 2-car garage (400 square feet) - 2-story
Plan 3 is 1,458 square feet (living area) with a 2-car garage (400 square feet) - I-story
Layout composition
Plan I - (4bd12ba) -
Plan 2 ~ (3bd/2ba) -
Plan 3 - (3bd/2ba) -
8 homes (40%)
3 homes (15%)
9 homes (45%)
20 homes (100%)
The homes are wood-frame/stucco construction with concrete tile roofs. Architectural treatments
include variations in roof style, entry projection and "garage door designs. The homes include
. . window treatments, metal roll up garage doors and fully landscaped front-yards for all the
houses. A 6-foot vinyl fence will be provided for all homes.
SETTING/SITE CHARACTERISTICS
The property site is relative flat and vacant. Surrounding land uses to the north is a park and
single family in the RU-l district. To the south is a park and commercial heavy uses in the CH
district. To the east are single-family homes in the RU-I district. To the west are multi-family
structures in the RMH district.
The parcels previously contained single and multi-family structures that were demolished in
recent years.
Development Permitlll 03-34
11//8/03
Page 3
~
BA(;KGROUND
The EnvironmentallDevelopment Review Committee (EJDRC) reviewed the project on October
9, 2003, and then moved the project to the Planning Commission.
FINDINGS AND ANAL YSJS
I. 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 any/all applicable design guidelines?
Yes, the proposed homes are consistent with the General Plan and Development Code, in
that the RU-l, Residential Urban, land use district allows attached and detached units at a
maximum density of8 units per gross acre. The proposal is for in-fill development of
detached single-family homes. All proposed homes meet the RU-I development
standards as shown in Table "An below.
TABLE "A" - Development Code/General Plan Conformance
~
CATEGORY PROPOSAL DEVELOPMENT GENERAL PLAN
CODE
Permitte4 Use Single-Family Residential Permitted Permitted
Density N/A 4.5 du/ac. 4.5 du/ac.
Setbacks
- Front 25' to 30' 25' N/A
- Side 5' min. 5' min. N/A
- Rear 51' to 63' 20' N/A
- Side Street . 0 15' 15' o. N/A
Lot Coverage 17%t021% 35 % max. N/A
Unit Size \,458 s.f. to 1,200 s.f. N/A
1,847 s.f.
Height 2 story (24 feet) 2 story (35 feet) N/A
e
..~ 2.
-
.,
"
Development Permit 111 03-34
111/8103
Page 4
Is the proposed deyelopment consistent with the General Plan?
Yes, the pfllposal is consistent with the General Plan objective as follows:
General Plan Objective 1.12.32 states: "Require that "Residential Urban"
residential projects be designed to convey the visual sense of a low density
residential neighborhood, including:
a. variable structural setback;
b. inclusion of extensive landscape (incorporating trees and shrubs) along
street frontages; and
c. architectural articulation of building facades to express a single-family
character.
The proposed development is for detached single-family residential homes. The homes
have been designed to enhance and upgrade the surrounding areas. The variations in the
layout for front yard setback range from 25 feet to 30 feet provide different stacking
palters of visible open space. All front yard will be landscaped with sod and a minimum
of one 24" box tree.
3.
Is the proposed developme.t.harmmlious 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?
Yes, the proposed project is consistent with the residential character of the surrounding
- .
land uses as well as future residential development. The proposed single-family units are
compatible with the single-family units in this area. The residential character of the
proposed development is similar to that of the recently completed single-family
residences in this neighborhood.
The homes designs and treatment elements are designed to provide continuity with
.- . neighboring single-farnilystructures. Architect\lJlll treatments include. variations in roof
style, entry area and garage door designs. All windows and doors and side and rear
elevations will be architecturally treated.
4.
Is approval of the Development Permit for the proposed development in compliance with
the requirements of the California Environmental Quality Act and Section /9.20.030(6)
of the Development Code?
Yes, approval of this Development Permit is in compliance with the requirements of the
California Environmental Quality Act and Development Code Section 19.20.03Q (6)
pertaining to environmental resources and constraints. Approval of the proposed project
would not result in any significant effects relating to traffic, noise, air quality or water
quality. This is because all the necessary infrastructures area already in place to handle
the anticipated capacity resulting from this proposed project. It is anticipated that the
impacts relating to traffic, noise are quality, or water will be less than significant.
!5.
e
.7
e
DelJe/opmenl Penn;1 /II 03-34
////8/03
Page j
Will there be potential significant negative impacts upon environmental quality and
natural resources that could not be properly mitigated and monitored? .
No significant harmful effects on the quality of the environmental or on natural resources
will exist as a result of this project. The project site is not located in geological hazard
area and occurs within city limits and has no habitat value for endangered or threatened
species. The site can be adequately served by aU required utilities and public services.
The proposed project is a permitted use and is consistent with the RU-Iland use
development standards.
6. Is the subject site physically suitable for the type and density/intensity of use being
proposed?
Yes, the site is physically suitable for the type and density/intensity of the project being
proposed as evidenced by project compliance with all applicable Development Code
Standards as noted in Table "An: The proposal is for construction of homes on existing
residential lots.
7.
Are there adequate provisions for public access, water, sanitation, and public utilities
and ~ervices to ensure that the proposed use would not be detrimental to public health
and safety?
Yes, all agencies responsible for reviewing access, and providing water, sanitation and
other public services have all had the opportunity to review the proposal, and none have
indicated an inability to serve the project. The proposal will not be detrimental to the
'public health and safety in that all applicable Codes and will apply to the construction of
this project.
8.
Are the location, size design and operating characteristics of the proposed development
detrimental to the public interest, health, safety. convenience, or welfare of the City?
. Yes, the proposed single-family units will be compatible with the single-fartlily units
previously.developed in the area. The proposed project will not be detrimental to the
public interest or welfare of the City in that the proposed project will provide a positive
development to promote underutilized vacant lots. The proposal will create twenty new
homes and new improvements for this area.
Development Permit //1 03.34
11//8/03
Page 6
.
7 CONCLUSION
The proposal meets all necessary Findings of Fact for approval of the Development Permit Type
m No. 03-34.
RECOMMEND A nON
Staff recommends the Planning Commission approve Development Permit (Type III) No. 03-34
based upon the Findings of Fact and subject to the Conditions of Approval (Attachni.ent C) and
Standard Requirements (Attachment D).
Respectfully Submitted,
. V4hJJJ;C.~kvvr
James Funk ~
Director of Development Services
~.
. Senior Planner
Attachment A
Attachment B
Attachment C
Attachment D
Location Map
SiteIFloorlElevation Plans
Conditional of Approval
Standard Requirements
e
/
ATTACHMENT A
ITV OF SAN BERNARDINO PROJECT: DP III NO. 03-34
, PLANNING DIVISION
LOCATION MAP
LAND USE DISTRICTS HEARING DATE: 11/5/03
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ATTACHMENT C
CONDmONS OF APPROVAL
DPID No. 03-34
1. Within two years of development approval, commencement of use shall have occurred or the
permit/approval shall become null and void. In addition, if after commencement of use, use
is discontinued for a period of one, year, then the permit/approval shall become null and void.
However, approval of the Development Permit 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.
Expiration Date:
November 5, 2005
2. The review authority may, upon application being filed 30 days prior to the expiration date
and for good cause, grant a one-time extension not to exceed 12 months. The review
authority shall ensure that the.project complies with all current Development Code
provisions.
3. In the event 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 this matter. Once
notified, the applicant agrees to defend, indemnify and hold harmless the City of San
Bernardino (City), the Economic Development Agency of the City of San Bernardino (EDA),
any departments, agencies, divisions, boards or commission 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 of any costs and attorneys' fees which the City may be required by a court to pay as a
result of such action, but such participation shall not relieve applicant of his or her obligation
under this condition.
. The costs, salaries, and expenses of the City Attorney and employees of his office shall be
. considered u "attorneYs fees" for thepuqiose of this condition.
As part of the consideration for issuing this permit, this condition shall remain in effect if this
Development Permit is rescinded or revoked, whether or not at the request of applicant.
4. 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 to the plan(s) shall be subject to approval by the Director through a
. minor 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 if
applicable:
e
- '}
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/
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DP III No. 03-21
CondiritHIS of Approval
Page 2
a. -
b.
c.
On-site circulation and parking, loading and iandscaping;
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,
A reduction in density or intensity of a development project
d.
5. 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 and 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 strucn,u-al
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.
6. If the colQr of any of the buildings, walls or fences or other exterior finish material is to be
modified, the revised color scheme and/or fmish materials shall be reviewed and approved by
- the Planning Division prior to commencement of work through a Minor Modification.
7. The applicant shall dedicate adequate street right-of-way (Public Works Standard Requirements
No.4) prior to issuance of building permits.
8. The applicant shall complete the street improvements (Public Works Standard Requirements
No.4), or post a bond/pay an in lieu fee prior to issuance of building permits. If the street
improvements are not completed (by the City as part of a Capital Improvement Program (CIP)
project) within 5 years, the bond/in lieu fee shall be refunded. .
9:- A 6-foot perimeter vinyl fence shall be constructed for all homes.
10. Garage door designs shall be set into the walls rather than flush with the exterior wall. A
variety of compatible designs shall be used throughout to ensure variety.
11. Additional single family development within the two-block area shall require a Development
Permit Type I.
12. All front yards shall be landscaped and shall include a minimum of one 24" box tree.
A\(k~~p
City of San Bernardino
STANDARD REQUIREMENTS
Development ServicesIPlan Check Division
-
Property address:
DRC/CUP/DP: t>fJIL03 -31-
DATE: lo I ~ 10 ?::>
NOTE; NO PLANS WILL BE ACCEPTED
CHECK WITHOUT CON DmONS OF
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) .
. e 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.
FOR PLAN
APPROVAL
1.
The title sheet of the plans must specify the occupancy classification, type of construction, if
the buDding has sprinklers. & the current applical,lIe codes.
. "J
. .
2. . The person who prepares them must sign the plans. Also, provide tbe 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.
3.
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.
_.
Submit grading, site, and/or landscape plans to Public WorkslEngineering for plan check
approval and permits. For more information, phone 909-384-5111.
300 N 'D' Slree! San Bernardino CA 92418
909-384-5071 Office
909-384-5080 Fax
_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 heaith reiated occupancies wiil require
clearances and approved pians 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.
An air quality permit may be required. Contact South Coast Air Quality Management
Division for information, phone 909-396-2000.
10.
11.
State oC CaliCornia Business & ProCessions 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
prooC of ownership.
NOTE: PLAN CHECK TIME ON THESE TYPES OF PROJECTS IS APPROXIMA TEL Y 4-6
WEEKS FQR 1ST CORREcrIONS. EXPEDITIOUS REVIEW IS APPROXIMATELY 10 WORKlNG
DAYS. THE DEVELOPMENT REVIEW PROCESS IS NOT THE BUlLDING PLAN CHECK AND
DOES NOT IMPL Y THAT THE DESIGN AS SUBMITTED WILL BE APPROVED WITHOUT
CORREcrIONS.'
Comments:
-
300 N '0' Street San Bernardino CA 92418
909-384-5071 Office
.909-384-5080 Fax
"~
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STANDARD REQUIREMENTS
DEPARTMENT OF DEVELOPMENT SERVICESIPUBLIC WORKS DIVISION
CASE NO: DP III 03-34
DESCRIPTION: Construct 22 sIngle famIly
homes on existing lot .
LOCATION: East of Sierra Way, between
south of r Street and north of Rialto Street
APPLICANT: ANR Industries,
Inc.
. NOTE TO APPLICANT: Where separate Engineering plans are required, the appiicant is
responsible for submiUing the Engineering plans directly to the ,Engineering Division. They
may be submitted prior to submittal of Building Plans.,-
1. Drainage and Flood Control
a)
Applicant shall mitigate on-site storm water discharge sufficiently to
maintain compliance with the City's NPDES Storm Water Discharge
Permit Requirements. A "Notice of Intent (NOI)" shall be filed with the
State Water Quality Control Board for construction disturbing 1 acre or
more of land.
b) The City Engineer, prior to grading plan approval, shall approve an
Erosidn 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.
Gradin~and Landscaping
. , . .
a) If more than l' of fill or 2' of cut is proposed, ttie site/ploUgrading and
drainage plan 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.
Page I of 7 Pages
10/29/2003
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STANDARD REQUIREMENTS
DEPARTMENT OF DEVELOPMENT SERVlCESlPUBUC WORKS DIVISION'
CASE NO: DP 111 03-34
DESCRIPTION: Construct 22 single family
homes on existing lot
LOCA nON: East of Sierra Way, between
south of r' Street and north of Rialto Street
APPLICANT: ANR Industries,
Inc.
b) 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").
c) 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.
d)
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.
e) 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.
. , a.
Utilities
a) 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).
b) 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.
Page 2 oJ 7 Pages
10129/2003
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STANDARD REQUIREMENTS
DEPARTMENT OF DEVELOPMENT SERVlCESIPUBLlC WORKS DIVISION
CASE NO: DP III 03-34
DESCRIPTION: Construct 22 single family
homes on existing lot
LOCATION: East of Sierra Way, between
south of r Street and north of Ria/to Street
APPLICANT: ANR Industries,
Inc.
c) Backflow preventers shall be installed for any building with the finished
floor elevation below the rim elevation of the nearest upstream manhole.
d) 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.
e) Utility services shall be placed underground and easements provided as
required.
f)
A street cut permit, from the City Engineer, will be required for utility cuts
into existing streets where the street is not being repaved as part of the
required improvements.
g)
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 ).
Page 3 of 7 Pages
10/29/2003
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STANDARD REQUIREMENTS
DEPARTMENT OF DEVELOPMENT SERVICESlPUBLlC WORKS DIVISION
.
CASE NO: DP III 03-34
DESCRIPTION: Construct 22 single family
homes on existing lot
LOCATION: East of Sierra Way, between
south of Z'" Street and north of Rialto Street
APPLICANT: ANR Industries,
Inc.
4. Street Improvement and Dedications
a)
All public streets 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
traffic signals, traffic signal modifications, relocation of public or private
facilities which interfere with new construction, striping, shall be
accomplished in accordance with the City of San Bernardino "Street
Improvement Policy" 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
(RW.) 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(!!J Curb Line@ ...
Rialto Street 44 feet 32 feet
2"" Street 41.25 feet 33 feet
\.
Sierra Way 41.25 feet 32 feet
Page 4 of 7 Pages
10/29/2003
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STANDARD REQUIREMENtS
DEPARTMENT OF DEVELOPMENT SERVICESlPUBUC WORKS DIVISION
CASE NO: DP III 03-34
DESCRIPTION: Construct 22 single fainlly
homes on existing lot
LOCATION: East of Sierra Way, between
south of r Street and norlh of Rialto Street
APPLICANT: ANR Industries,
Inc. .
c) Construct 8" Curb and Gutter per City Standard .No. 200 adjacent to the
site. Widen pavement adjacent to the site to match new curb and gutter.
Construct approach and departure transitions for traffic safety and
drainage as approved by the City Engineer. -
d) Construct sidewalk adjacent to the site in accordance with City Standard
No. 202, Case "A" (6' wide adjacent to curb).
e)
Construct Handicap Ramps in accordance with City Standard No. 205 at
all curb returns within and adjacent to the project site. Dedicate sufficient
right-of-way at the corner to accommodate the ramp.
f) Construct Driveway Approaches per City Standard No. 203. Remove
existing driveway approaches that are not part of the approved plan and
replace with full height curb & gutter and sidewalk.
g) All Curb return radii shall be 25 feet minimum.
h)
. Curb . returns at the intersection of two arterial streets shall be 35 feet
. unless otherWise approved by~the City Engineer. ... . .
5. Required Engineering Permits
a) Grading permit (If applicable.).
b) On-site improvements construction permit (except buildings - see
Development Services-Building Division), including landscaping.
Page 5 of 7 Pages
10/2912003
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STANDARD REQUIREMENTS.
DEPARTMENT OF DEVELOPMENT SERVICES/PUBlIC WORKS DIVISION
CASE NO: DP 111 03.34
DESCRIPTION: Construct 22 single fam/ly
homes on ex/sting lot
LOCATION: East of Sierra Way, between
south of r Street and north of Rialto Street
APPLICANT: ANR Industries,
Inc.
c) Off-site improvements construction permit.
. 6. Applicable Engineering Fees!
a) Plan check and inspection fees for off-site improvements - 4% and 4%,
respectively, of the estimated construction cost2 of the off-site
improvements.
b)
Plan check and inspection fees for on-site improvements (except buildings
- See Development Services-Building Division) - 2% and 3%, respectively,
of the estimated construction cost" of the on-site improvements, including
landscaping.
.c) Plan check and inspection fees for grading (If permit required) - Fee
Schedule available at the Engineering Division Counter.
d) Drainage fee in the approximate amount as follows based on $0.1582 per
square foot of net lot area - not to exceed $3,164.00 for any lot.
e) Traffic system fee in the estimated amount as .follbws based on $184.02
per house.
. I All Fees are subjecllo change without notice.
2Estimated Construction Cost for Off-Site Improvements is based on a list of standard ;'nit prices on file with
the Public Works Division.
J Estimated Construction Cost for On-Site Improvements is based on a list of standard unit prices OfJ file
with the Public Works Division.
Page 6 of 7 Pages
10/29/2003
.:,
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STANDARD REQUIREMENTS
DEPARTMENT OF DEVELOPMENT SERVlCESlPUBLIC WORKS DIVISION
CASE NO: DP III 03-34 DESCRIPTION: Construct 22 single family
homes on existing lot
APPLICANT: ANR Industries, LOCATION: East of Sierra Way, between
Inc. south of r Street and north of R/alto Street
f) Sewer Connection fee in the approximate amount as follows based on
$327.38 per bedroom.
g) Sewer inspection fee in the estimated amount as follows based on $22.03
per connection:
h) Street or easement dedication processing fees in the amount of $ 200.00
per document.
Page 7 of 7 Pages
10/29/2003
.~
\3/E:~JU~ {J.Jav / Al..-<..FN /?J1.K.J s.- /R, A~
.. I
GENERAL REQUIREMENTS:
~ _ .... _1181 01 cons1NCtion plans 10 B.-.g and Salety for fire DepaflmenI.... .. time 01 plan check. . ,
CorUclIle CIy 01 San Ilemanlino Fil. Oepartmenl II (9la) 384-5585 for speclfIc _ ~.
The del. .1_ _ ",_ fo, .dequal. fore flow. Minimum lite flow requiremenla _ be _ on square lootage. construction features. and_...
. inIormaIion supplied by the _elope' and l!!!!!! be available ~ 10 placing oombustiIlIe materials on sMe.
CITY OF SAN BERNARDINO FIRE DEPARTMENT
STANDARD REQUIREMENTS Case: DP-rf[ c)3.34-
Date: ItJ-9.3
Reviewed By: ~fi/
WATER PURVEYOR FOR FIRE PROTECTION:
o The fir8 proteclion water seNa for the area or tNs project is provided by:
B San Ilemanlino M'-'licipal WalerDepartmenl-€ngineering (909) 364-5391
EasI Valley W_ Districl-€ngineering (909) 1188-6986
o Olher Water purveyor:
Phone:
PUBUC ARE PROTECTION FACIUTIES:
l!r" PubIc fiAt hydrants are reqoftd along streets al intefllals not to .exceed 300 teet for commen:ial and mulfi.residential areas and at int8tV81s not to exceed
5OO_ror_ are...
liY fire hydlwII ~ t.5OO gprn al a 20 psi minimum ,esldual pres..... are requlred for oomme<ciaJ and multi-residential areas. Minimum lite
hydrant low 1.000 a 20 psi minimum resklual pre$SUf8:8re required for residential areas.
(iI'" fire hydnInIl)'P8 a . lion shall be ioinUy del.nnlned by the qty of San BernaRlino Fire Oepaftment in conjundion _the wat., purveyor. Foe
~ materials and instaRatlon shan contonn to the standards and specifICations 01 the waler purveyor.
S'" Public In hydrants. fire services. and public water facilities necessary to meet Fire Departmont requirements are the dave6oper'c financialleSpOIdMIily and
IhaI be installed by the water purveyor or by the developer at the water purveyor's discretion.. Contact the water purveyor indicated aboYe for adcitional
InIonnation. .
ACCESS:
B PftMde CWO separate. dedicated routes of ingress/egress to the property entrance. TIle routes shall,be paved. all weather. .
ProvIde an 8CC8S$ road to each building for fire apparatus. Access roadway shal have an aJI'""tt'9ather d~ surface of not less than 20 feet of unob-
....--. .
o Extend roadway to within 150 leet or all portions of the exterior wan of an single story buitdings.
~ roadway 10 _ 50 feet 01 the .Aeria< waU of all mulliple-story t:uIIdings. .
'. . -..0 PARKING" signs Ydlenever par1c;ing of vehicles YtOUtd pess" reduce the clearance of access road\wys to less than the required Yt1dth. Signs
are to rud"FIRE LANE-NO PARKJN~.C. Sec. 15.16".
Dead-end streets shaA nol exceed 500 feet in length and shaH have a minimum 40 fot)t radius turnaround.
o The naf1"!8S 01 any new strtfets {pubic or pri\:ate) shall be submit1ed to the Fire Department for approval.
SITE: .
o AI access toads and streets are to be constructed and usable prior 10 COf1lbvstible construc:tion.
o Prtvale fire hydrants end be instaHed I'J protect aacn building k:lcated more than 150 teet from Itle C'..utJ line. No fire hydrants should be \Whin 40 teet of any
.",error waI, The hydrants shall be W.I BalTOl type. with one 21<\ inch and 4 incIl outl8l, and approved by the Fire Department Amas "'acenllO fir.
hydrants'" be designated as a *NO PARIONG~ lone by painting an 8 inch YtAde. red stripe for 1Sleet in each direction in front of the hydrant in such .
manner thai.... no! be blocked by parked v.hicles. L"'ering 10 be in ..nile 6"' by 1<\".
BU!Jo:DINGS:
lR' AddfMs numerals shall be installed ()(l ttli< buil;jin~ althe fronl or other approved location ill such a manner as Ie be. visible from-the frontage street. Com-
_ and nu.lIi f~ addres. n!JlTlerals shaU ba 6 inches IalI. singie IamlIy address numerals shall be 4 inches tal. The cofor of the .......... _ con-
_.... lIe.caIo< 01 \he bad<ground. .. .
o .1dionIl>>''''''1l'S and eiecmc _.,with the number of the unit k sarves.
o F1M.-....-_ be installedpn.c' 10 the ooi)d;ng Doing occupied. The minimum raljng lor MY fir. ~ Is 2A 10BIC. Minlmum _ of
fire exIinguishea must be sUCh that no i.'tteno!" pa!t ofthe buiding is over 75 feet travel distance f;om a !ire extingui:aher.
o ~ houses tM;th 16 or more units, hotels (rnoldls) -Mti1. 20 or more unit:;, or ...,anments or hotels (moIels) three stories or more in height shaI be
aq~ wth automatic fire sprinklers dasig~ loJ NFPA stal1dan:fs. .
o AI buIIcings. over 5,000 square feet, shall be eq.Jippea wilh an automatic rua sprinker system designed to NFPA standards. This includes existing buikings
vacant CMlI' 365 days.
o SUbmil: plans lor Ule fire protection sySlp.ril ~o the Fire Depa:1ment prior 10 beginning construcrkln at the system. Permit required.
o Tenant improvemenls in all sprinkle~j butk1ul9S are 10 be appro....ed by the Ftre Department priox t:) start of constructioo. Permit required..
o Provide fire atann (required U'lrougoou:,. PlalS l"TlU${ be approved by the Fire Department prior to start of instaUation. Permit required.
o FinJ 0epaI'tment connection to spritlt<Jer $y;il.ern..'stanjpipe sY$tem. stla~ be requicod at Fire Department approved Jocation.
B Fire Code Pennit required. appty -at 20\") vast ~r::1 s:reet. {9IJ9) 384.5388.
Ant SprinIder monitoring required. Plan.:;, musl be appro-led by lhe Fire Depanment prior to the start of constructivn. Permit required.
o Ocalpanl Load.
Note: The applicant must request. in writing. allY chan:JE's lo Fire Department requirements.
. AOOITKlNALINFQRMATION: G?H1N:.-'f'_-:n.fc...~1l., ~pAP::r~..--r AT,{ga::;; ,:1;P>4- 5391 ~np, F/~
...~. ~ ~/l..Err.i6fDI?A.I-L"lS:- Ii='" FLOW' n.?~... "jJ1 M&e-r. 1i1/NlmUI}1 ,s"'rANnAPn
. 1 a'PM 'rJ!.-.Za.P>5.i Y().,J WtU-- Px5. ~~~JII!Ei'O "'TiJ 1P.=-A1f A.A/ A1m-mIf'T1C
0R€ \C:;PR,INI<IFP ~;:JJF:rrL/N.IIIE \.TrR.UC7f'i/~E:r.V'
FP81M(IlQ-C1I
.
Oty of San Bernardin
Standard Deve
300 North
. San Berna
o Public Services Departtnent
lopment Requirements
D Street - 4th Floor
rdlno, CA 924 t 8 .
vided by the Ot)' of San Bernardino Refuse & Recycling DivISion a
een, and black 96 or 64-gallon automated service cart to each single
ellings up to 8 units.
.
ellings over 8 units, unless otherwise approved.
, meeting halls, or churches, which generate 2 cubic yards or less of
de of a residential block receiving automated cart service shall meet
feet concrete pad located out of view of public right-of-way for storage
e public right-of-way, the storage area shall be screened by landscaping,
G AND SITE PLANS.
e continuously paved wlthout step or curb with 4-foot minimum gate
nclude a paved driveway or patio area. SHOW ON GRADING AND
ements on all streets within a residential tract. These requirements shall
e curb adjacent to the driveway of each residence must be dear for
and I 3../oot .vertical clearance of all obstructions such as structUres,
,
rvice days anytime between the hours of 5 AM and 5 PM Monday
lic Services.
MDIPS 6.27.2003
RESIDENTIAL TRACTS & LOTS
CoIlectlon ServIces
I . Residential refuse and recycling services are to be pro
minimum of once weekly.
2. The at)' shall provide upon request one set of a blue, gr
family unit, OR one set to e~ry 2 units in multi-unit dw
3. Commercial requirements shall apply to all multi-unit dw
4. Nonresidential establishments such as small offices, shops
non-bulky waste per week and are located on the same sl
residential rather than commercial requirements.
Automated Cart Storage & Access
5. Residential units shall construct a minimum 4 feet by I I
of each set of up to 4 automated carts. I f visible from th
or masonry or solid wood fencing. SHOW ON GRADIN
he path of travel from the storage pad to street shall b
/ openings in walls and fencing. The path of travel may I
SITE PLANS.
Service Vehicle Access
7. Projects shall meet at)' Engineering vehicle access requir
not limit requirements for Fire vehicle access.
Curbside Service Area
8. A minimum l4-foot linear space on the street along th
autOmated .ser.vlce caru, wlth a minimum 2-foot setback
fences, and raISed landscaping.
Gated Access
9. Gated properties that are locked and unmanned on se
through Saturday shall provide access code or key to Pub
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Gty of San Bernardino Public. Services Department
Development Project Conditions of Approval
300 North 0 Street - 4'" Floor
San Bernardino, CA 92418
ProJect Nllmber: DP III 03-34
ProJect Planner: Aron Liang
Review Date: 10.9:2003
ProIect Description/Business Name: ConstrUct 22 SF homes on existing residential lots in two phases.
Projectl.ocation/Address: 0135-291-02 et al between Second Street and Rialto Avenue, Service Account: cart service
west of Sierra Way and east of Allen Street.
Reviewed By: Michelle Dyck-Tumer
e-mail: dyck-tumer_mi@cLsan-bemardino.ca.us Phone:
909.384.5549 #3162
. Standard Development Requirements
Project shall meet all applicable Standard Development Requirements as attached.
. Integrated Waste Management Survey
Applicant shall submit an Integrated Waste Management Survey for each of the activities mar1<ed below with the initial
application to Planning for approval by the Public Services Department Refuse and Recycling 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.
o Demolition & Site Preparation
o Construction I Renovation
o Business Operations or Event
. Additional Requirements or Recommendations
..
MDIPS 6.27.2003
~
)po of Proj<>ct:
/.... , 1'. I':,
N.
, .
l~~
I'
.. 1'"1
r
/,
r,
':
Nwnber of Units:
J .\
.
1-'l t
. ,.
"
:".
.ocafioa: i , ~:".' i .
\
.\
{ >
<
;
....ATF.R DEPARTIdENT ENGJNF:ERING:
:OrDct: _1 I' ,....... t"
'IC-
Phooe:
'0"1'
- ',1
Fax: :,;. l{ --S (') 5 2.
1010: All WoI.er Services arc Subject ~o ~. ~~~. &. R~gu~iODJ or ~ w~ D~.
tSizoofMainAdjaceotIbeProject:(' C.'"l. ." ;. \ i ",.. . ..:C. i _'t fl
~~ximate WoI.e< Pressure: I";' ~ 'I.. Elevation of WoI.or Sto"lle: I :. 'I 'i .11 Hydranl Flow @ 20 poi:
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I-Type. Size, Locot.ioo, and Dislanco 10 NeatDSI Fire Hydranl:
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, ProoIlUre Regulator Required on CWlomor'1 Side on tho Meter.
I Off..ile ')/VoI.er FacililiOl Required.
I Area Not Served by San Bernardino Municipal WoI.er Dcpartmoat.
I Comioenla:
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'.'~ OUALITY ~ONTROI~:
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Phooe:
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(R.P.P. Bacldlow Device Required at Service Ccnnectioo.
f Double Check BaCkflow Device Required 01. Service COlUloclion.
IllaclcfIow Device to be Inspected Before Wa~r Service can be Activated.
I No BacIdlow Device ReqUired at Thio Time.
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,NVlRONMENTAL CONTROl JlNDUSTRIAL WAITE:
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~'. NO BriIie Rec~" WaJeC Softener. May belllltallod, UnlOII Holding aDd Hauling is Provided for lbo. BriDe. All ~~;..":':
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wiD be. 1200 Gallon Capacity with. Sample Box Included. '. .. .'.... '-'
] 1ndwlria1 Waste-Pennil Required.
I Grease lnIerceplor Required.
o SaodJOillnlerceptor Required.
16 No llsu,," 01. this Time.
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] Jlre.trealmcnl Required. .' "' ..
;EWER CAPACITY INFORMATION: . . .'
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{",~:;p~forPa~meot Musl~SubmiU~ 10, ~ Building &. Safety Departmeot Prior to IIS1W1CO of the Build~te~:;;><::~jBJ~.
I No SeworCapaclty Fee Al'I'licable 01. Thio Tune.. .. . . '. '. .- ~.j . '. . '3.~~J~
;.0.. .' r! fG:,>,Fee ~ust :Be.. ~U1. .10 the.'YaJe<1>qlartmcIX f?r:- GaUo;;' P."rDay.. Equivalent D_JI:j.,~~.-~~~.?&(., '.
_~ 10 RccaIculatioo of Fee Prior to the ~ of Building Pinnit."r':~:~:: ')f~t~t:i'"
~,;~~ ..iEoiimated d&tIo~PerD~y: . . L' ,~ ;.;; ;>,';"~ ,'.,..i~~~.ry_.
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