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HomeMy WebLinkAbout36-Development Services MAYOR & COMMON COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION MEETING BACKUP MEETING DATE: 12/04/06 DEPUTY: Linda Sutherland ITEM NO. STATUS 23 Set public hearing for 01/08/07 34 Referred to Planning Commission 01/09/07 - Continued to 01/22/07 36 Continued to 01/22/07 CITY OF SAN BERNARDINO-REQUEST FOR COUNCIL ACTION _rom: Valerie C. Ross, Director Dept: Development Services Subject: Appeal No. 06-15 - Appeal of Planning Commission approval of Tentative Parcel Map No. 17052 and Development Permit II No. 04-54 to request elimination of a mitigation measure requiring a fair-share contribution to the long-term operation and maintenance of the Verdemont Fire Station. The project site is located on the south side of Industrial Parkway between Cable Creek and Devil Creek in the IH, Industrial Heavy land use district. Date: November 13, 2006 MCC Date: December 4, 2006 Synopsis of Previous Council Action: None Recommended Motion: That the hearing be closed and that the Mayor and Common Council deny the appeal and uphold the Planning Commission approval of Tentative Parcel Map No. 17052 and Development Permit II No. 04-54, based upon .dings of Fact contained in in the Planning Commission Staff Report dated October 3, 2006, subject to the nditions of Approval and Standard Requirements approved by the Planning Commission. J/JAWOIl?Hr Valerie C. Ross Contact person: Aron Liang, Senior Planner Phone: 384-5057 Supporting data attached: Staff Report Ward(s): 6 FUNDING REQillREMENTS: Amount: N/A Source: (Acct. No.) (Acct. Description) Finance: _uncil Notes: J;J.~ Agenda Item No. -JP- e- e e CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT SUBJECT: TENTATNE PARCEL MAP NO. 17052 (SUBDNISION NO. 04-35) & DEVELOPMENT PERMIT II NO. 04-54 (APPEAL NO. 06-15) Owner/Applicant: Victor Dipietro Vic Vin Enterprises, LLC 16400 Southcenter Parkway No. 308 Seattle, W A 98188 206.394.9630 Appellant: Barry A. Ross Attorney at Law 7700 Irvine Center Drive, Ste. 710 Irvine, CA 92618-2929 949.727.0977 BACKGROUND The Platming Commission approved Tentative Parcel Map No. 17052 and Development Permit Type II No. 04-35 (the Vic Vin Project) on October 3, 2006, 2006. The project site is located on the south side of Industrial Parkway between Cable Creek and Devil Creek in the IH, Industrial Heavy land use district (Exhibit 1). The Platming Commission approval authorized the subdivision of approximately 10.33 acres into two parcels and construction of two industrial buildings of approximately 49,616 square feet and approximately 138,078 square feet (Exhibit 2). The Platming Commission approval was unanimous, with Commissioners Enciso, Heasley, Mulvihill, Munoz, Rawls, and Sauerbrun voting in favor of the project. Commissioners Coute, Durr, and Longville were absent. At the October 3, 2006, Platming Commission hearing, Mr. Barry A. Ross represented the applicant, Vic Vin Enterprises, LLC. Mr. Ross spoke in favor of the Vic Vin project and said that the conditions of approval were all acceptable to the applicant except for one of the mitigation measures included as a condition of approval. The mitigation measure requires a fair-share contribution to the long-term operation and maintenance of the Verdemont Fire Station. Mr. Ross explained the reasons for the applicant's objection to this requirement, as stated in a letter to the Planning Commission dated October 3, 2006. Barry A. Ross filed an appeal of the Planning Commission approval ofthe Vic Vin Project on October 12, 2006 (Exhibit 3). The appeal requests elimination of the Verdemont Fire Station mitigation measure and refers to the October 3, 2006 letter presented to the Planning Commission to explain the grounds for the appeal. Therefore, staffhas attached the October 3, 2006 letter as part of the appeal application (Exhibit 3). Timothy J. Sabo, of the law firm of Lewis, Brisbois, Bisgaard & Smith, attended the October 3,. 2006 Planning Commission hearing and responded on behalf of the City to the arguments presented by Mr. Ross in objection to the Verdemont Fire Station mitigation measure. Mr. Sabo served as special counsel to the City on infrastructure financing issues within the Verdemont area, including the Verdemont Fire Station. Mr. Sabo presented a detailed history of how construction of the Verdemont Fire Station was financed and how the impact of new ,-------- , e. e e Appeal No. 06-15 TPM No. 17052 & DPII No. 04-54 Hearing Date: December 4, 2006 Page 2 development on emergency services was quantified to determine the impact mitigation required pursuant to the California Environmental Quality Act (CEQA). Mr. Sabo explained Section XIII of the Initial Study (Attaclunent E to Exhibit 2), which contains an analysis of potential impacts of the project on Public Services. The impact of the project on the City's ability to deliver emergency services according to the response standards adopted by the Council is identified as a potentially significant impact, requiring mitigation. The mitigation measure presented in the Initial Study and the Mitigation MonitoringlReporting Plan (MM/RP) and incorporated by reference in the conditions of approval is the subject of the appeal. The mitigation measure requires payment of the project's fair share of the cost oflong-term operation and maintenance of the Verdemont Fire Station and offers two alternative means of satisfying this oblig;ation: (1) Payment of the in-lieu fee established by Resolution No. 2004-107; or (2) Execution of an irrevocable agreement to annex to Community Facilities District No.1 033. Detailed background information supporting the mitigation measure is attached in Exhibit 4, the supporting documents presented by Mr. Sabo to the Planning Commission. FINANCIAL IMPACT None. The applicant paid the appeal fees. RECOMMENDATION That the hearing be closed and that the Mayor and Council deny the appeal and uphold the Planning Commission approval of Tentative Parcel Map No. 17052 and Development Permit II No. 04-54, based upon Findings of Fact contained in in the Planning Commission Staff Report dated October 3, 2006, 2006, subject to the Conditions of Approval and Standard Requirements approved by the Planning Commission. EXHffiITS: 1. Location Map 2. Planning Commission Staff Report 3. Appeal Application, including October 3, 2006 letter from Barry A. Ross to the Planning Commission 4. Background documents presented to the Planning Commission by Timothy J. Sabo on October 3, 2006, 2006 EXHIBIT 1 ~. ~ CITY OF SAN BERNARDINO PLANNING DIVISION LOCATION MAP LAND USE DISTRICTS PRO.JECT: TPM 17052 DPII 04-54 1J NORTH .p. @ EXHIBIT 2 e - SUMMARY .e e CITY OF SAN BERNARDINO PLANNING DIVISION CASE: Tentative Parcel Map No. 17052 (Subdivision No. 04-35) & Development Permit II No. 04-54 2 10/3/06 6 AGENDA ITEM: HEARING DATE: WARD: OWNER: Michael & David Hardy 10397 Alder Avenue Bloomington, CA 92316 909.208.0774 . APPLICANT: Pam Steele Hogle-Ireland, Inc. 4280 Latham Street Riverside, CA 92501 951.787.9222 REQUEST/LOCATION: The applicant proposes to subdivide approximately 10.33 acres into two parcels of approximately 6.7 acres and approximately 3.6 acres. Also requested is a Development Permit to construct two industrial buildings. Building A will be approximately 49,616 square feet and Building B will be approximately 138,078 square feet. The project site is located on the south side of Industrial Parkway between Cable Creek and Devil Creek in the IH. Industrial Heavy land use district. CONSTRAINTS/OVERLAYS: Flood Zone X Shaded. ENVIRONMENTAL FINDINGS: o Exempt from CEQA :J No Significant Effect o Negative Declaration Ii'] Potential Effects, Mitigation Measures and Mitigation Monitoring/Reporting Plan STAFF RECOMMENDATION: 6!l Approval 6!l Conditions :J Denial :J Continuance to: e- e e TPM No. J 7052 (Sub 04-35) DPll No. 04-54 Hearing Date: 10.3.06 Page 2 REQUEST AND PROJECT DESCRIPTION This request is for approval of Tentative Parcel Map No. 17052 (Subdivision No. 04-35) under the authority of Development Code Section 19.66.070 to consolidate and subdivide approximately 10.33 acres into 2 parcels. Parcel I will be approximately 6.73 acres and Parcel 2 will be approximately 3.60 acres. Development Permit II No. 04-54 is a request for approvallO construct tWO industrial buildings. Building A will be approximately 49,616 square feet and Building B will be approximately 138,078 square feet. The project site is located on the sOUlh side of Industrial Parkway between Cable Creek and Devil Creek in the IH, Industrial Heavy land use district (Auachment A). The project site has been designed for twO industrial buildings with Building A located closest to the northerly property boundary and Building B located closest to the southerly property boundary. with parking abuuing immediately lO the north and south of Buildings A and Band landscaping surrounding the project site. There are three proposed entrances on Industrial Parkway lO the project site. All building frontages will front Industrial Parkway and the design of the buildings complies with the architectural Design Guidelines for industrial buildings in the Development Code. SETTING/SITE CHARACTERISTICS The project site is currently vacant and generally level. Surrounding improvements to the south, east and west are the Cable Creek and Devil Creek flood control channels in the PFC, Public Flood Control land use district. To the north across Industrial Parkway is a warehouse facility in the IH, Industrial Heavy land use district. BACKGROUND The proposed project was first reviewed by the Development/Environmental Review Commiuee (D/ERC) on March 24,2005 where comments were issued and the project was continued lO allow for the applicant to revise the site plan to address on-site landscaping requirements, architectural articulations, trash enclosures, paths of travel and preparation of environmental documents. The applicant provided revisions and documents as requested, and on February 2, 2006, the D/ERC reviewed the revised plans and the Initial Study and determined that the Initial Study adequately addressed the environmental issues and recommended that it be released for public review, and moved the project to Planning Commission. CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) Hogle-Ireland prepared an Initial Study on behalf of the project applicant. The Environmental Review Committee independently reviewed, analyzed, and exercised judgement in reviewing the Initial Study and mitigation measures in making its determination. Pursuant to the Public Resources Code and CEQA guidelines, a Notice of Intent to adopt a Mitigated Negative e- e e TPM No. 17052 (Sub 04-35) DPJ/ No. 04-54 Hearing Date: 10.3.06 Page 3 Declaration was filed with the County and the Initial Study was made available to the public for review and comment beginning on February 9, 2006, and ending on February 28, 2006. One comment was received from the Flood Control Division of the County Public Works Department requiring the applicant to submit a plan for flood hazard review. The applicant has complied with the Flood Control Division requirements. After public review of the Initial Study, the applicant questioned and objected to the mitigation measure requiring a fair share contribution to funding the on-going operation and maintenance of the Verdemont Fire Station that was related to the new development portion of the total annual costs of such operations and maintenance. The applicant retained two separate attorney firms who directed their written inquires through the City Attorney's Office, and the City Attorney's Office has provided written responses to all such written inquires. As a result of further review of the Initial Study by staff, and subject to advice from the City Attorney's Office. staff clarified the analysis maintained the mitigation requirements pertaining to the Verdemont Fire Station as is currently set forth in the Initial Study on pages IS38 and IS39. This information, including the Verdemont Fire Station discussions in the Initial Study, has been transmitted to the applicant and staff has scheduled the project for review by the Planning Commission. FINDINGS AND ANALYSIS TENTATIVE PARCEL MAP 1. Is the proposed map consistent with the General Plan and Development Code? The proposed parcel map is consistent with the General Plan and Development Code. The parcels created will meet the lot size, lot coverage, and access requirements as shown in Table A below. General Plan Policy 2.7.5 requires that development be contingent upon the ability of public infrastructure to provide sufficient capacity to accommodate its demands. and the proposed project will provide connections to City water and sewer services, roads, storm drains, and public utilities. ! e- e e TPM No. 17052 (Sub 04-35) DPll No. 04-54 Hearing Date: 10.3.06 Page 4 TABLE A -DEVELOPMENT CODE AND GENERAL PLAN CONSISTENCY CATEGORY PROPOSAL DEVELOPMENT CODE GENERAL PLAN Permitted Use I Parcel Map Subdivision Consistent Consistent ! I I I Parcel I: 3.6 acres 20,000 sq.ft. minimum Lot Area Parcel 2: 6.7 acres. (.45 acres) N/A Lot Coverage Parcel I: 42 % 75 % maximum Consistent Parcel 2: 47% I ACL:t:ss 2 sLandard means 2 standard means Consistent 2. Is the design of the proposed subdivision consistent with the General Plan? The design of the proposed subdivision is consistent with General Plan policies and objectives. Goal 2.2 promotes development that integrates with and minimizes impacts on surrounding land uses, and the proposed project is surrounded by industrial development and vacant industrial land. The proposed subdivision will not affect the development potential of the property. Therefore, the design of the subdivision will not affect General Plan policies. 3. Is the site physically suitable for the type of proposed development? The tentative parcel map conforms to the subdivision design standards for minimum lot size, lot coverage, and access as specified by the Development Code. The location is accessible by several major transportation corridors, including Industrial Parkway/Hallmark Parkway and the Interstate 215 freeway. Connecting to the existing utility lines surrounding the location can provide water, sewer, electricity, storm drain, and telephone services. 4. Is the site physically suitable for the proposed density of development? The site is physically suitable for the proposal and provides adequate infrastructure for industrial development. The site is generally flat and surrounded by similar industrial development. The proposed division is consistent with the Subdivision Map Act, the General Plan and the Development Code, and the proposed parcels will be compatible with the surrounding area, e- e e TPM No. /7052 (Sub 04-35) DPII No. 04-54 Hearing Dare: /0.3.06 Page 5 5. Is the design of the subdivision likely to cause substantial environmental damage, or substantially and unavoidably injure fish or wildlife or their habitat? . The subdivision will not cause substantial environmental damage or injure fish or wildlife or their habitat. The project site is not located in the biological resource overlay district as shown on Figure NRC-2 of the General Plan. A complete environmental review was completed in accordance with the CEQA Guidelines to determine the presence and extent of any environmental resources, and none were identified, as discussed in the Initial Srudy (Attachment E). This project will be subject to the mitigation measures contained in the Mitigation Monitoring/Reporting Plan (Attachment F). 6. Is the design of the subdivision likely to cause serious public health problems? There are no environmental or other conditions that are likely to cause serious public health problems. The design of the subdivision meets the requirements of the Development Code, and makes adequate provisions to accommodate access, circulation, water supply and other services. 7. Will the design of the subdivision or the type of improvements conflict with any easements. acquired by the public at large. for access through or use of, property within the proposed subdivision? The design of the subdivision and the proposed improvements will not conflict with any public easements. All easements have been identified, and the project has been designed to accommodate or relocate all easements. All documentation relating to easements and dedications will be reviewed and approved by the City Engineer prior to recordation of the Final Parcel Map. DEVELOPMENT PERMIT 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? The proposed development and intended land uses will be compatible with existing and furure development in the surrounding area. The proposed project complies with the development standards contained in the Development Code as shown in Table B. e- e e TPM No. 17052 (Sub 04-35) DPll No. 04-54 Hearing Dare: 10.3.06 Page 6 TABLE B - DEVELOPMENT CODE AND GENERAL PLAN CONSISTENCY , i CATEGORY PROPOSAL DEVELOPMENT CODE GENERAL PLAN Permitted Use Warehousing. Distribution, Permitted Consistent Oftice. etc. I Height I 38 feet / 1 story 50 ft. / 2 stories n/a i ! Setbacks - Front > 10 ft. 10 ft. min. n/a . Side 10 ft. min. 10 ft. min. . Street Side N/A 10 ft. min. - Rear 10 ft. min. 10 ft. min. Landscaping 15 % min. 15 % min. n/a I I Parking 236 stalls 220 stalls nla , i 2. Is The proposed d{!velopment consisTent with The General Plan? The proposed development and intended uses are consistent with the General Plan. Land Use Policy 2.5.4 requires that all new structures achieve a high level of architectural design and provide careful attention to detail. Policy 5.7.11 requires loading bays to be oriented away from street frontage and entries. The proposed project meets these goals and policies, and the project will implement the General Plan. 3. Is The proposed development harmonious and compaTible wiTh existing and future developments within the land use diSTrict and general area, as well as the land uses presently on the subject property? The proposed uses will be compatible with existing and future development in the surrounding area. The properties surrounding the project site have been developed with heavy industrial uses, including outdoor processing and storage of materials. Future development will be required to meet the requirements of the IH, Industrial Heavy, land use district, which will be similar to the proposed project. e- e e TPM No. 17052 (Sub 04-35) DPll No. 04-54 Hearing Dale: 10.3.06 Page 7 4. Is approval of the Development Permit for the proposed development in compliance with the requirements of the California Environmental Quality Act and Section 19.20.030(6) of the Development Code? Approval of the Development Permit is in compliance with the requirements of the California Environmental Quality Act (CEQA) and Development Code ~19.20.030(6) pertaining to environmental resources and constraints. There are no sensitive habitats or species on the project site, and no other environmental constraints have been identified. The Development/Environmental Review Committee has recommended that a Mitigated Negative Declaration and Mitigation Monitoring/Reporting Plan (Attachment F) be adopted for this project. The Development/Environmental Review Committee and the Planning Commission independently reviewed and analyzed the Initial Study and M M RP. and exerc ised independent judgement in consideration of the proposed project. 5 Will there be pOlential significant negative impacts upon environmental quality and natural resources that could not be properly mitigated and monitored? The proposed project will not cause significant adverse impacts on environmental quality or natural resources. The project site is not listed in any state or federal databases of hazardous sites. A complete environmental review was completed in accordance with the CEQA Guidelines to determine the presence and extent of any environmental resources, as discussed in the Initial Study (Attachment E). 6. Is the subject site physically suitable for the type and density/intensity of use being proposed? The site has an appropriate size and location for heavy industrial uses. Improvements to infrastructure and utilities will provide the necessary services to the project. The proposal meets the standards for setbacks, access, parking, lot coverage, landscaping, drainage and utilities, and therefore the proposed density/intensity of uses can be accommodated. 7. Are there adequate provisions for public access, water, sanitation, and public utilities and services to ensure that the proposed use would not be detrimental to public health and safety? All agencies responsible for providing access, water, sanitation, utilities, and other public services have had the opportunity to review the proposal. None have indicated an inability to serve the proposed development, subject to compliance with the conditions of approval. Connecting to the existing utility lines surrounding the location can provide water. sewer, electricity, and telephone services. Provided that the project e- e e TPM No. 17052 (Sub 04-35) DPJ/ No. 04-54 Hearing Dale: 10.3.06 Page 8 contributes its fair share toward operation and maintenance of the Verdemont Fire Station as required, the project will not be detrimental to public health and safety. 8. Are the location. size design and operating characteristics of the proposed development detrimenta/IO the public interest. health. safety. convenience. or welfare of the City? The project has been designed to ensure that it will not be detrimental to the public interest, health, safety, convenience, or welfare of the City. The project and future uses must comply with the operating standards contained in the Development Code, and other titles of the Municipal Code. CONCLUSION The proposals meet all applicable Findings of Fact for approval of Tentative Parcel Map No. 17052 (Subdivision No. 04-35) and Development Permit II No. 04-54. RECOMMENDATION Staff recommends that the Planning Commission: 1) Independently review, analyze, and exercise judgement in reviewing the Initial Study in making its determination. 2) Adopt the Mitigated Negative Declaration and the Mitigation Monitoring/Reporting Plan Attachment F), and; 3) Approve Tentative Parcel Map No. 17052 (Subdivision No. 04-35) and Development Permit 11 No. 04-54 based upon the Findings of Fact contained in the Staff Report and subject to the Conditions of Approval (Attachment C) and Standard Requirements (Attachment D). Respectfully Submitted, 'fpMJ(//~ Valerie C. Ross Director 'of the Development Service Department Aron Liang Senior Planner e- +e e Attachment A Attachment B Attachment C Allachment D Attachment E Attachment F TPM No. 17052 (Sub 04-35) DPll No. 04-54 Hearing Date: 10.3.06 Page 9 Location Map Tentative Tract Map, Site, Floor Plans and Elevations Conditions of Approval Standard Requirements Initial Study Mitigation Monitoring/Reporting Plan ATTACHMENT A - CITY OF SAN BERNARDINO PROJECT: TPM 17052 PLANNING DIVISION DPII 04-54 LOCATION MAP LAND USE DISTRICTS HEARING DATE: 10/3/06 u NORTH '" '. ., @) e e e ~-c-. -~; ! ~ .: ;. - ! ~~~~~j~' ili);p! ;." ',-' ~ :; 3 :. .: - ~ S . ~ tii"i:!:i 1:1.lfl"l \ml~ !~ 'Ii ;1 o ;;; ~ 3 t! - ~ ~ ! ;Ii i ':: . ' i ~ -~ o ~ m . . c i ~ i o > V> ~, . .r -.--:-:-~- ... m " ~ " , ,. .. ~ .. ,. ~ ~ , ~ '" o '" l'l ~ ~ ~ .~ ;-~.- ~ ,..,~ .~ -'..... ~ / Q~ It' lD ~ ~ [ I ~ Q, lD: . ' ~. "- , o 9 . ' , , , , !. ~ ;/' , ~\,::..;:.:;:: :It).-. /( 1L,~ ~ - -- 'j.~-' ... 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II!! . ,. .!O~. ~ I' I' .. .1 ,," . \.J ~ -.:.\ 1....--' r ,~wY'--;:'1 I' - ., r a~.- I," _ _;. !",,:,::',', 1 1':';:'>;"';<;~1'-- ~:~ ih \ .-- ':":..- Il~ ~m: aa. ,;!; ~. ,,1t. ". ';I 8" ! ..~ 8 01 s:::: ,- . '"0 l-< ro S OJ CO s:::: ro r:/) -1~ ~'I t: ~ ~:.' i . ,: j+l '" 'E @ -;;; u o c ~ '" E '" c::l c; V) I en is OJ 'il l-< 2 U;;; --< is .1 u ' l:;, I' e> E;~. .....-4 ::::s l;~ ~[Zl ' Hi e e e A TTTACHMENT C CONDITIONS OF APPROVAL Tentative Parcel Map No. 17052 (Subdivision No. 04-35) & Development Permit (Type II) No. 04-54 I. This approval is for subdivision of approximately 10.33 acres into two parcels of approximately 6.7 acres and approximately 3.6 acres. The Development Permit is for construction of two industrial buildings. Building A will be approximately 49,616 square feet and Building B will be approximately 138,078 square feet. The project site is located on the south' side of Industrial Parkway between Cable Creek and Devil Creek in the IH, Industrial Heavy land use district. ') Within two years of the original approval date, the filing of the final map with the Council shall have occurred or the approval shall become null and void. Expiration of a tentative map shall terminate all proceedings and no final map shall be filed without first processing a new tentative map. The City Engineer must accept the final map documents as adequate for approval by Council prior to forwarding them to the City Clerk. The date the final map shall be deemed filed with the Council is the date on which the City Clerk receives the map. Tentative Parcel Map No. 17052 Expiration Date: October 3, 2008 3. Within two years of development approval, commencement of construction shall have occurred or the permit/approval shall become null and void. In addition, if after commencement of construction, work is discontinued for a period of one year, then the permit/approval shall become null and void. However, approval of this application does not authorize commencement of construction. All necessary permits must be obtained prior to commencement of specified construction activities included in the Conditions of Approval and Standard Requirements. Development Permit No. 04-54 Expiration Date: October 3, 2008 4. The review authority may grant a one-time extension not to exceed 12 months. The applicant must file an application, the processing fees, and all required submittal items, 30 days prior to the expiration date. The review authority shall ensure that the project complies with all current Development Code provisions. e e e TPM No. 17052 & DPll No. 04-54 Page 2 5. In the event that this approval is legally challenged, the City will promptly notifY the applicant of any claim, action. or proceeding and will cooperate fully in the defense of the matter. Once notified, the applicant agrees to defend, indemnify, and hold harnlless the City of San Bernardino (City), the Economic Development Agency (EDA), any departments. agencies, divisions, boards or commissions of either the City or EDA as well as predecessors, successors, assigns, agents, directors. elected officials, officers, employees, representatives and attorneys of either the City or EDA from any claim, action or proceeding against any of the foregoing persons or entities. The applicant further agrees to reimburse the City and the Economic Development Agency any costs and attorney's fees which the City or the Economic Development Agency may be required by a court to pay as a result of such action, but such participation shall not relieve applicant of his or her obligation under this section. The costs, salaries, and expenses of the City Attorney and employees of his office shall be considered as "attorney's fees for the purpose of this condition. As part of the consideration for issuing this permit or approval, this condition shall remain in effect if this Permit is rescinded or revoked, whether or not at the request of the applicant. 6. Construction shall be in substantial conformance with the plan(s) approved by the Director. Development Review Committee, Planning Commission or Mayor and Common Council. Minor modification 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: a. On-site circulation and parking, loading and landscaping; b. Placement and/or height of walls, fences and structures; c. Reconfiguration of architectural features, including colors, and/or modification of finished materials that do not alter or compromise the previously approved theme; and, d. A reduction in density or intensity of a development project. 7. No vacant, relocated, altered, repaired or hereafter erected structure shall be occupied or no change of use ofland or structure( s) shall be inaugurated, or no new business commenced as authorized by this permit until a Certificate of Occupancy has been issued by the Department. A temporary Certificate of Occupancy may be issued by the Department subject to the conditions imposed on the use, provided that a deposit is filed with the Public Works Division prior to issuance of the Certificate, is necessary. The deposit or security shall guarantee the faithful performance and completion of all terms, conditions and performance imposed on the intended use by this permit. e e e TPM No. /7052 & DPII No. 04-54 Page 3 8. This pem1it 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 offumes, vapors, gases and other forms of air pollution; glare control; exterior lighting design control; noise control; odor control; screening; signs, off-street parking and off-street loading; and vibration control. Screening and sign regulations compliance are important . considerations to the developer because they will delay the issuance of a Certificate of Occupancy until they are complied with. Any exterior structural equipment, or utility transformers, boxes, ducts or meter cabinets shall be architecturally screened by wall or structural element, blending with the building design and include landscaping when on the ground. 9. Signs are not approved as a part of this permit. Prior to establishing any signs, the applicant shall submit a sign application, and receive approval for a sign permit from the Planning Division. All signage on the site shall be consistent with the provisions of the Development Code. 10. Signs/banners may not be placed on or over the roof or within landscaped areas. II. If the color of the building or other exterior finish materials are to be modified, the revised color scheme and/or finish materials shall be reviewed and approved by the Planning Division prior to commencement of work. 12. Any equipment, whether on the roof, side of structure, or ground shall be screened as per Development Code requirements. 13. All areas to be landscaped with grass shall be planted with sod. Ground cover visible from Industrial Parkway shall incorporate a substantial area covered with grass. 14. The landscape plan shall include one 24" box tree for every four surface parking spaces (employee and customer), consistent with the requirements of Section 19.24.060(6)(8) and Chapter 19.28 of the Development Code. Trees will not be required within the parking structures, but the perimeter of each structure will be landscaped. 15. The applicant shall post a bond in an amount equivalent to the cost oflandscaping including landscape installation and one year of maintenance service. This shall be accomplished on a project/phase basis. The purpose of the bond is to ensure that all landscaping survives the planting process and last for a period of at least one-year. The bond will be released no sooner than one-year after issuance of the Final Certificate of Occupancy and only after such time as the survival of the landscaping has been verified by City staff. 16. All lighting fixtures shall be shielded to confine light within the site only. e e e TPM No. /7052 & DPII No. 04-54 Page 4. 17. All exterior lighting shall be energy efficient with the ability to lower or reduce usage when the store is closed. Signage may be required to be turned off when the business is closed. 18. The applicant shall be responsible for regular maintenance of the project site. Vandalism. graffiti. trash and other debris shall be removed and cleaned up within 24 hours. 19. Submittal requirements for permit applications (building. site improvements, landscaping. etc.) to Building Plan Check and/or Public Works/Engineering shall include all Conditions of Approval and Standard Requirements issued with the Development Review Committee approval. 20. The project Landscape Plan shall be reviewed and approved by the City Engineer prior to issuance of a grading permit. Submit 5 copies to the Engineering Division for Checking. 2 I . Any security gates/bars. doors. window bars shall be installed on the inside of the structure only. Video surveillance equipment installed/used on the exterior shall be painted to match the structure, or treated to blend with the architecture ofthe development. 22. Outside displays and/or storage are prohibited. Ancillary storage may be provided in the parking areas so long as it is screened and secured. 23. All mitigation measures described in the Initial Study and Mitigation Monitoring/Reporting Plan (Attachment F) shall be applicable as conditions of approval. 24. No final Certificate of Occupancy shall be issued until all conditions of approval have been completed. 25. This pemlit or approval is subject to the attached conditions or requirements of the following City Departments or Divisions: . Plan Check . Public Works . Fire Department . Water Department . Public Services e ATTACHMENT D City of San Bernardino STANDARD REQUIREMENTS Development Services/Plan Check Division Property address: DATE: ~R~~ Z , oz-oo(P NO PLANS WILL BE ACCEPTED FOR PLAN CHECK WITHOUT CONDITIONS OF APPROVAL IMPRINTED ON PLAN SHEETS. DRCICUP/DP: ~lI. 04-- '54- NOTE; e 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. noor plan (label use of all areas) d. elevations e. electrical, mechanical, & pluJ!lbing plans f. detail sheets (structural) g. cross section detaIls h. show compliance with Title 24/Accessibility (disabled access) i. a plan check deposit fee will be required upon submittal of plans. Call Development Services (plan check) 909-384-5071 for amount. 1. The title sheet .of the plans must specify the occupancy classification, type of construction, if the building has sprinklers, & the current applicable codes. 2. The person who prepares them must sign the plans. Also, provide the address & phone number of that person. Some types of occupancies require that the plans are prepared, stamped, and signed by an architect, engineer, or other person licensed by the State of California. 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. e 300 N '0' Street San Bernardino CA 92418 909-384-5071 Office 909-384-5080 Fax 5. Submit grading, site, and/or landscape plans to Public Works/Engineering for plan check approval and permits. For more information, phone 909-384-5111. e 6. Fire sprinkler plans, fires suppression system plans, etc., shall be submitted to the Fire Department for plan check approval and permits. For information, phone 909-384-5388. 7. Signs require a separate submittal to the Planning Division for plan check approval and permits. For information, phone 909-384-5057. 8. Restaurants, food preparation facilities. and some health related occupancies will require clearances and approved plans from San Bernardino County Health Department. For information, phone 909-387-3043. 9. Occupancies that include restaurants, car washes, automotive repair/auto body, dentist offices, food preparation facilities or processing plants, etc. may require approvals and permits from San Bernardino Water Reclamation. For information, phone 909-384-5141. 10. An air quality permit may be required. Contact South Coast Air Quality Management Division for information, phone 909-396-2000. 11. State of California Business & Professions Code/Contractors License Law requires that permits can be issued to licensed contractors or owner-builders (that are doing the work). Contractors must provide their State license number, a city business registration, and workers compensation policy carrier & policy number. Owner-builders must provide . proof of ownership. e NOTE: PLAN CHECK TIME ON THESE TYPES OF PROJECTS IS APPROXIMA TEL Y 4-6 WEEKS FOR 1sT CORRECTIONS. EXPEDITIOUS REVIEW IS APPROXIMA TEL Y 10 WORKING DAYS. THE DEVELOPMENT REVIEW PROCESS IS NOT THE BUILDING PLAN CHECK AND DOES NOT IMPLY THAT THE DESIGN AS SUBMITTED WILL BE APPROVED WITHOUT CORRECTIONS. Comments: e 300 N 'D' Street San Bernardino CA 92418 909-384-5071 Office 909-384-5080 Fax I e- e e ATTACHMENT D CITY OF SAN BERNARDINO Development Services Department - Public Works Division Standard Requirements Description: Create Two Parcels and Construct Two Industrial Buildinas Applicant: Hoale-Ireland, Inc. Location: Southerly side of Industrial Parkway between Cable Creek and Devil Creek Case Number: Tentative Parcel Mae No. 17052 & Develoement Permit Tyee II No. 04-54 1. Drainaae and Flood Control All necessary drainage and flood control measures shall be subject to requirements of the City Engineer, which may be based in part on the recommendations of the San Bernardino County Flood District. The developer's Engineer shall furnish all necessary data relating to drainage and flood controL b) A permit will be required from the Department of Transportation and Flood Control, if any work is required within the Flood Control District's right-of-way. a) c) A local drainage study will be required for the project. Any drainage improvements, structures or storm drains needed to mitigate downstream impacts or protect the development shall be designed and constructed at the developer's expense, and right-of-way dedicated as necessary. d) All drainage from the development shall be directed to an approved public drainage facility. If not feasible, proper drainage facilities and easements shall be provided to the satisfaction of the City Engineer. If any of the site drainage is to be outletted into the public street, the drainage shall be conveyed through a parkway culvert constructed in accordance with City Standard No. 400. Conveyance of site drainage over the Driveway approaches will not be permitted. e) e- e e Project: Create Two Parcels and Construct Two Industrial Buildings on the southerly side ofIndustrial Parkway between Cable Creek and Deyil Creek Case No. PM 17052 & DPII 04-54 . Page 20f9 f) A Water Quality Management Plan (WQMP) is required for this project. The applicant is directed to the City's web page at www.ci.san-bernardino.ca.us - Departments - Development Services - Public Works for templates to use in the preparation of this plan. g) If more than one acre of land (including the project area, construction yards, storage areas, etc.) will be disturbed by construction activity, a Storm Water Pollution Prevention Plan (SWPPP) will be required. The applicant is directed to the City's web page at www.ci.san-bernardino.ca.us - Departments - Development Services - Public Works for templates to use in the preparation of this plan. h) The City Engineer, prior to issuance of a grading permit, shall approve the WQMP and the SWPPP. i) A "Notice of Intent (NOI)" shall be filed with the State Water Resources Control Board for construction disturbing 1 acre or more of land (including the project area, construction yards, storage areas, etc.). The City Engineer, prior to grading plan approval, shall approve an Erosion Control Plan. The plan shall be designed to control erosion due to water and wind, including blowing dust, during all phases of construction. including graded areas which are not proposed to be immediately built upon. j) 2. GradinQ and LandscaDinQ a) A site/plot/grading and drainage plan is required. It shall be signed by a Registered Civil Engineer and a grading permit will be required. The grading plan shall be prepared in strict accordance with the City's "Grading Policies and Procedures" and the City's "Standard Drawings", unless otherwise approved by the City Engineer. b) If more than 5 trees are to be removed from the site, a tree removal permit conforming to the requirements of Section 19.28.090 of the Development Code shall be obtained from the Department of Development Services-Planning Division prior to issuance of any grading or site development permits. If more than 5,000 cubic yards of earthwork is proposed, a grading bond will be required and the grading shall be supervised in accordance with Section 7012(c) of the uniform Building Code. c) e- Project: Create Two Parcels and Construct Two Industrial Suildines on the southerlv side of Industrial Parkwav between Cable Creek and Devil Creek Case No. PM 17052 & DPII 04-54 Page 3 of9 d) If more than 1,000 cubic yards of earth is to be hauled on City Streets then a special hauling permit shall be obtained from the City Engineer. Additional conditions, such as truck route approval, traffic controls, bonding, covering of loads, street cleaning, etc. may be required by the City Engineer. e) An on-site Improvement Plan is required for this project. Where feasible, this plan shall be incorporated with the grading plan and shall conform to all requirements of Section 15.04-167 of the Municipal Code (See "Grading Policies and Procedures"). f) Wheel stops are not permitted by the Development Code, except at designated handicap parking spaces. Therefore, continuous 6" high curb shall be used around planter areas and areas where head in parking is adjacent to walkways. The parking spaces may be 16.5' deep and may overhang the landscaping or walkway by 2.5'. Overhang into the setback area or into an ADA path of travel (minimum 4' wide) is not permitted. g) Continuous concrete curbing at least 6 inches high and 6 inches wide shall be provided at least 3 feet from any wall, fence, property line, walkway, or structure where parking and/or drive aisles are located adjacent thereto. Curbing may be left out at structure access points. The space between the curb and wall, fence, property line, walkway or structure shall be landscaped, except as allowed by the Development Review Committee. e h) A refuse enclosure constructed in accordance with City Standard Drawing No. 508 and modified as approved by the City Engineer to provide ADA accessibility. The minimum size of the refuse enclosure shall be 8 feet x 15 feet, unless the Public Services Department, Refuse Division, approves a smaller size, in writing. The modifications must be detailed on the on-site development plan. i) The number and placement of refuse enclosures shall conform to the location and number shown on the site plan as approved by the Development Review Committee, Planning Commission or City Council. j) Trash compactors may be used in lieu of refuse enclosure if approved by the Public Services Department. e k) Retaining walls, block walls and all on-site fencing shall be designed and detailed on the on-site improvement Plan. This work shall be part of the on-site improvement permit issued by the City Engineer. e Project: Create Two Parcels and Construct Two Industrial Buildings on the southerly side of Industrial Parkway between Cable Creek and Deyil Creek Case No. PM 17052 & DPII 04-54 Page 4 of9 I) All walls shall be constructed of decorative block with architectural features acceptable to the City Planner. j) This project is located in the "High Wind Area." Therefore, all free standing walls and fences shall be designed for a minimum basic UBC wind speed of 100 miles per hour, unless a lower value is approved by the City Engineer. k) The on-site improvement plan shall include details of on-site lighting, including light location, type of poles and fixtures, foundation design, conduit location and size, and the number and size of conductors. Photometry calculations shall be. provided which show that the proposed on-site lighting design will provide 1 foot-candle of illumination uniformly distributed over the surface of the parking lot during hours of operation and 0.25 foot-candles security lighting during all other hours. e I) The design of on-site improvements shall also comply with all requirements of The California Building Code, Title 24, relating to handicap parking and accessibility, including retrofitting of existing building access points for handicap accessibility, if applicable. A handicap accessible path of travel shall be provided from the public way to the building entrance. All pathways shall be concrete paved and shall provide a minimum clear width of 4 feet. Where parking overhangs the pathway, the minimum paved width shall be 6.5 feet. m) n) Where a handicap accessible path of travel crosses drive aisles, it shall be delineated by textured/colored concrete pavement, unless otherwise approved by the Development Review Committee.. 0) 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 p) The public right-of-way, between the property line and top of curb (also known as "parkway") along adjoining streets shall be landscaped by the developer and maintained in perpetuity by the property owner. Details of the parkway landscaping shall be included in the project's on-site landscape plan, unless the parkway area is included in a landscape maintenance district. in which case, a separate landscape plan shall be provided. An easement and covenant shall be executed on behalf of the City to allow the City to enter and maintain any required landscaping in case of owner neglect. The documents shall be submitted to the q) e- Project: Create Two Parcels and Constmct Two Industrial Buildings on the southerlv side of/ndustrial Parkwav between Cable Creek and Devil Creek Case No. PM 17052 & DPII 04-54 Page 5 of9 Real Property Section for execution by the property owner and shall ensure that, if the property owner or subsequent owner(s) fail to properly maintain the landscaping, the City will be able to file appropriate liens against the property in order to accomplish the required landscape maintenance. A document processing fee in the amount of $200.00 shall be paid to the Real Property Section to cover processing costs. The property owner, prior to plan approval, shall execute this easement and covenant unless otherwise allowed by the City Engineer. Utilities r) Design and construct all public utilities to serve the site in accordance with City Code, City Standards and requirements of the serving utility, including gas, electric, telephone, water, sewer and cable TV (Cable TV optional for commercial, industrial, or institutional uses). s) Each parcel shall be provided with separate water and sewer facilities so the City or the agency providing such services in the area can serve it. t) Backflow preventers shall be installed for any building with the finished floor elevation below the rim elevation of the nearest upstream manhole. u) Sewer main extensions required to serve the site shall be constructed at the Developer's expense. e v) This project is located in the sewer service area maintained by the City of San Bernardino therefore, any necessary sewer main extension shall be designed and constructed in accordance with the City's "Sewer Policy and Procedures" and City Standard Drawings. w) Utility services shall be placed underground and easements provided as required. x) A street cut permit, from the City Engineer, will be required for utility cuts into existing streets. y) All existing overhead utilities adjacent to or traversing the site on either side of the street shall be undergrounded in accordance with Section 19.20.030 (non-subdivisions) or Section 19.30.110 (subdivisions) of the Development Code. e ,e e e Project: Create Two Parcels and Construct Two Industrial Buildings on the southerlv side ofIndustrial Parkwav between Cable Creek and Devil Creek Case No. PM 17052 & DPII 04-54 . Page 6 of9 z) Existing Utilities which interfere with new construction shall be relocated at the Developer's expense as directed by the City Engineer, except overhead lines, if required by provisions of the Development Code to be undergrounded. See Development Code Section 19.20.030 (non-subdivisions) or Section 19.30.110 (subdivisions). aa) Sewers within private streets or private parking lots will not be maintained by the City but shall be designed and constructed to City Standards and inspected under a City On-Site Construction Permit. A private sewer plan designed by the Developer's Engineer and approved by the City Engineer will be required. This plan can be incorporated in the grading plan, where practical. 4. Mappina a) A Parcel Map based upon field survey will be required. b) All street names shall be subject to approval of the City Engineer prior to Map approval. Additional survey and map information including, but not limited to, building setbacks, flooding and zones, seismic lines and setbacks, geologic mapping and archeological sites shall be filed with the City Engineer in accordance with Ordinance No. MC-592. 5. Improvement Completion c) a) Street, sewer, drainage improvement, traffic signals, and landscape maintenance district landscape and irrigation plans for the entire project shall be completed, subject to the approval of the City Engineer, prior to the Map recordation. b) If the required improvements are not completed prior to Map recordation, an improvement security accompanied by an agreement executed by the developer and the City will be required. c) Street light energy fee to pay cost of street light energy for a period of 4 years shall be paid. Exact amount shall be determined and shall become payable prior to map recording. 6. Street Improvement and Dedications a) All public streets and public easements within and adjacent to the development shall be improved to include combination curb and gutter, paving, handicap ramps, street lights, sidewalks, and appurtenances, including, but not limited to relocation of public or private facilities which interfere with new construction, and striping e Project: Create Two Parcels and Construct Two Industrial Buildings on the southerlv side of Industrial Parkwav between Cable Creek and Devil Creek Case No. PM 17052 & DPIl 04-54 Page 70f9 shall be accomplished in accordance with the City of San Bernardino "Design Policies and Procedures" and City "Standard Drawings," unless otherwise approved by the City Engineer. Street lighting, when required, shall be designed and constructed in accordance with the City's "Street Lighting Policies and Procedures." Street lighting shall be shown on street improvement plans except where otherwise approved by the City Engineer. b)' For the streets listed below, dedication of adequate street right-of- way (R.W.) to provide the distance from street centerline to property line and placement of the curb line (C.L.) in relation to the street centerline shall be as follows: Street Name RiQht of Waylft.) Curb Linelftl i Industrial Parkway Existing Okay Existing Okay c) Construct sidewalk adjacent to the site in accordance with City Standard No. 202, Case "A" (6' wide adjacent to curb). e d) If the existing curb & gutter adjacent to the site is in poor condition, the curb & gutter shall be removed and reconstructed to City Standards. Curb & Gutter shall conform to Standard No. 200, Type "B" (8" curb face), unless otherwise approved by the City Engineer. e) Construct Handicap Ramps in accordance with City Standard No. 205, modified as approved by the City Engineer to comply with current ADA accessibility requirements, at all curb returns within and adjacent to the project site. Dedicate sufficient right-of-way at the corner to accommodate the ramp. f) The proposed radius type drive approaches are non-standard, however, they may be used subject to the condition that the throat of the drive approach be paved with colored, textured concrete (20' wide band of PCC). g) Curb returns at the drive approaches shall be 35 feet unless otherwise approved by the City Engineer. h) The pavement on Industrial Parkway adjacent to the site shall be rehabilitated to centerline using a strategy approved by the City Engineer. e i) Install Street Lights adjacent to the site in accordance with City Standard Nos. SL-1 and SL-2. ,-- e- e e Project: Create Two Parcels and Construct Two Industrial Buildines on the southerlv side of/ndustrial Parkwav between Cable Creek and Devil Creek Case No. PM 17052 & DPIl 04-54 Page 8 of9 7. Phasina a) If the project is to be developed in phases, each individual phase shall be designed to provide maximum public safety, convenience for public service vehicles, and proper traffic circulation. In order to meet this requirement, the following will be required prior to the finalization of any phase: b) On-site improvement plans for the total project or sufficient plans beyond the phase boundary to verify the feasibility of the design shall be complete to the satisfaction of the City Engineer. c) A Plan shall be submitted for review and approval by the Engineering Division, Fire, and Planning Departments, indicating what improvements will be constructed with the given phase, subject to the following: d) Dead-end drive aisles shall be provided with a minimum 32 foot radius paved width; e) Drive aisles shall be provided with a minimum 28 foot paved width: f) Drive aisle improvements shall be completed beyond the phase boundaries, as necessary to provide secondary access: g) Drainage facilities, such as storm drains, channels, earth berms and block walls, shall be constructed, as necessary, to protect the development from off-site flows: h) A properly designed water system shall be constructed, which is capable of providing required fire flow, perhaps looping or extending beyond the phase boundaries. i) Easements for any of the above and the installation of necessary utilities shall be completed; and, 8. Reauired Enaineerina Plans a) A complete submittal for plan checking shall consist of street improvement, sewer, storm drain, striping, lighting, grading, on-site landscaping and irrigation and other plans as required. Piecemeal submittal of various types of plans for the same project will not be allowed. b) The rough grading plan may be designed and submitted in combination with the precise grading plan. ~---- e- e e Project: Creale Two Parcels and Construct Two Industrial Buildings on lhe southerlv side of Industrial Parkwav between Cable Creek and Devil Creek Case No. PM 17052 & DPII 04-54 Page 9.of9 . C) All public improvement plans submitted for plan check shall be prepared on the City's standard 24" x 36" sheets. Grading and on- site improvement plans shall be submitted on 24" x 36" sheets unless otherwise approved by the City Engineer. A signature block satisfactory to the City Engineer or his designee shall be provided. d) After completion of plan checking, final mylar drawings, stamped and signed by the Registered Civil Engineer in charge, shall be submitted to the City Engineer for approval. e) Electronic files of all improvement plans/drawings shall be submitted to the City Engineer. The files shall be compatible with AutoCAD 2000, shall include a .dxf file, and shall be submitted at the same time the final mylar drawings are submitted for approval. f) Copies of the City's design policies and procedures and standard drawings are available at the Public Works Counter for the cost of reproduction. They are also available at no charge at the Public Works Web Site at http://www.ci.san-bernardino.ca.us/site/pw/default.htm 9. Reauired Enaineerina Permits a) Grading permit. b) On-site improvements construction permit (except buildings - see Development Services-Building Division), including landscaping. c) Off-site improvement construction permit. 10. Aoolicable Enaineerina Fees a) All plan check, permit, inspection, and impact fees are outlined on the Public Works Fee Schedule. A deposit in the amount of 100% of the estimated fee for each set of plans will be required at time of application for plan check. b) The current fee schedule is available at the Public works Counter and at http://www.ci.san-bernardino.ca.us/site/ow/default.htm c) Expedited plan checking is available. A deposit in the amount of 125% of the estimated plan check fee for each set of plans will be required at time of application for expedited plan check. Expedited plan checking is only available for grading, on-site and off-site improvement plans, and maps. e e e CITY OF SAN BERNARDINO Interoffice Memorandum To: From: Aron Liang, Senior Planner Robel1 Eisenbeisz, Senior Civil Engineer Subject: Traffic Study for "Vie-Vin" Warehouse (DPII 04-54) Date: March 7, 2006 Copies: Tim Porter, Michael Grubbs, Valerie Ross, Terri Rahhal, File No. 13.47 We have received a letter, dated March 5, 2006, in response to our comments contained in an interot1ice memorandum, dated November 23, 2005, regarding the above subject. The traffic , consultant accurately points out that the University Parkway/I-2IS Ramps were included in the tair share analysis presented in the revised report, dated October 19, 2005. We will accept the fair share amount identified for that interchange as presented in the report. There is no longer a fair share component required for the University Parkway/BNSF grade separation and this should also be removed. With the changes described above, the project's fair share contribution will be $242,767 toward the following future mitigation improvements: 1. Palm Avenue @ NB 1-215 Ramps: 3.4% of$500,000 = $17,000 2. Palm Avenue@SB 1-215 Ramps: 4.4% of $350,000 = $15,400 3. Palm Avenue Ilndustrial Parkway Signal: 4.5% of $250,000 = $11,250 4. Palm Avenue Widening (2 to 4 Lanes) - Industrial Parkway to 1-215: 4.6 % of $760,000 = $34,960 5. University Parkway @ 1-215 NB Ramps = $27;379 6. University Parkway @ 1-215 SB Ramps = $136,778 The response did not address our previous comment about the line of sight analysis: . The line of sight analysis included in the report is difficult to read and it is a bit unclear. All lines should be labeled and a final site plan should also be provided, showing the sight triangle areas where landscaping and other potential sight obstructions will be restricted. These areas should also be shown and identified on the final site plan prior to approval. The planning and parks department will need to review this to ensure that the project can comply with landscaping requirements with the limitations required to provide proper sight distance. We will need to review the revised sight line exhibits and site plan prior to final approval of this TIA. . The estimated Traffic Systems Fee shall be based on the Public Works Fee Schedule in effect at the time of permit issuance. The current fee is $20.40/trip, which results in a fee of $24,418.80 for 1,197 trips. ~ -i', t1 CITY OF SAN BERNARDINO FIRE DEPARTMENT STANDARD REQUIREMENTS Case:J)P1:L 04 .54 Date: 312.4 ( 05 Reviewed By: Gf1'u. yp rr ()4-c::;1 1'10 5.2 ~NERAL REQUIREMENTS: Provide one additional set of construction plans to Building and Safety tor Fire Department use at time 0' plan check. . Contact the City of San Bernardino Fire Department et (909) 384.558510' specific detaiied requirements. , The developer shall provide for adequate tire now. Minimum fire flow requirements shan be based on square footage, construction features. and exposure infonnation suppied by the developer and!!!!:!!! be available Drlor to ptacing combustible materials on Srl6. . ~~TER PURVEYOR FOR FIRE PROTECTION: JX" T e fire protection water service for the area of this project is provided by: , '~ . San Bemardino Municipal Waler Depanment-Engineering (909) 384-5391 11 Easl Valley Waler Dislrict-Engineering (909) 888-ll988 o O"'er Wate, purveyor. _ . Phone: ,5lBLIC FIRE PROTECTION FACILITIES: . Xl Public fire hydrants are required along streets at inteNals not to exceed 300 ~eet for commercia! and multi-residenUal areas and at intervals not to exceed ? 500 feet for residential areas. Fire hydrant minimum flow rates of 1,500 gpm at a 20 psi minimum residual pressure are required fOl' commercial and multi-residential areas. Minimum lire . " hydrant flow rates of 1,000 gpm at a 20 psi minimum residual pressure are raquired for re!iidential areas. .% Fire hydrant type and specific Iocatkm shall be jointly determined by the City of San Bernardino Fire Department in conjunction with the water pUJveyor. Fire hydrant materials and installation shall conform to the standards and specifications of the water PUI'\"E;'i;or. )it Public fire hydrants, fire services, and public water facilities necessary to meet Fire Department re':luir,:;:ments are the developer's financial responsibility and shall be instalkJd by the water purveyor or by the developer at the water purveyor's discreticn. Contact :t:s water pUr/eyor indicated above lor additional information. ACCESS: .Q _ Provide t'NO separate, dedicated routes of ingress/egress to the property entrance. The routes shall be paved. all 'N8ather. X- Provide an access road to each building for lire apparatus. Access roadway sha.lI have an all-weathsr driving surface of not less than 20 feet of unob- structed .,.;dth. Extend roadway to .,.;thin 150 feet of all portions of the exterior wall of all single story buildings. Extend roadway to within 50 feet of the exterior wall o~ all mulliple.story buildings. Provide "NO PARKING" signs whenever paoong of vehlcles 'M)uld possible reduce the clearance Jf &C:'3SS roadways to less than the required .,.;dth. Signs are to read "ARE LANE-NO PARKlNG-M.C. Sec. 15.16". o Dead-end streets shall not exceed 500 teet in length and shall have a minimum 40 foot radius tumaroun1 o The names of any new streets (putNic 0,' private) shall be submitted to the Fire Department for approval. JSIE: . All access roads and streets are to be constructed and usable prior to combustibli3 conS1.i\lc~ion. Private fire hydrants shall be installed to protect each building located more than 150 feat from !he curb line. No fire hydrants should be .,.;thin 40 feet of any exterior wall. The hydrants shall be Wet Barrel type, with one 21h inch and 4 inch Ol:tr!'Jt, antj approved by the Fire Department. Areas adjacent to fire hydrants sha" be designated as a "NO PARKING- zone by painting an 8 inch wide, rcd str.pe ~or 15 teot i!l each direction in front of the hydrant in such a manner that ft will not be blocked by par1<ed vehicles. Lettering 10 be in ...lite 6" by 11". RE'{,jJ(!rPo:.:; uUel!trrr'r" <:1;:: 17(./11',/:5 77J -nle FtJ<EtJE::f''7 For::. P~f.,':t rr:::; BUILDINGS: . ~ Address numerals shall be Installed on the building at the front or other approver:llocation in such a manner as to be visible from the frontage street. Com- mercjal and multi family address numerals shall be,(inches tall, ~Ie fa~ily address numeral.,; shari be 4 inches tan. The color of the numerals shall con- trest with the color of the background. rz.. 't I; X: 4 I O~. I<.oo,c:: 0;:: f3LoOr" o Identify each gas and electric meter with the Ilumber of the unit it seNes. " . "7. " ':5'f Fire extinguishers must be instaUed prior to the building being occupied. The minimum rati~ for t;ot' t!:fil extinguisher Is 2A 10BIC. Minimum distribution 01 fire extinguishers must be such that nCl interior pan of-the building is over 75 faet travel dis\a.~C8 from a fire exthguisher. o Apamnent houses Mth 16 or more units, hotels (motels) 'tMth 20 or more units, or apartments or hotels (mo~eisllhree stories or more in height shall be equipped .,.;th automattc fire sprinklers destgned to NFPA. standards. }21 All buildings, over 5,000 square feet, shall be equipped With an automatic fire sprinker sys~em designed to N~PA standards. This includes existing buildings - vacant ,over 365 days. " g Submit plans for the fire protection system to the Fire Department prior to beginnIng construction ot the system. Pe:mil required. ~ Tenant improvements in all sprinklerecl build!ngs are to be approved by the Fire Department priar!o start ot construction. Permit required. o Provide fire alarm (required throughout). Plans must be approved by the Fire Department prior to start or instailation. Permit required. ~. Fire Department connection to sprinkler system/standpipe system, shall be required at Fire Department approved location. Fire Code Pennft required, apply at 200 ea.t 3rd street. (309) 38H388. M ~ IJI;;' Il..f:;: '" U I €~P. . .. Fire Sprinkler monilonng required. Plans must be approved by tria Fire Departmen: poor to the start of construdton. Pemllt required. Note: The applicant must requ~, in writing, any changes to Fire DepartmEl!nt requirements. AODITlONALINFORMATIOtb'"",l'CO"'<' ~ ~!iXl)'.:.J!f: H-JTlly.-r-y71::m z) PRIY:Ce::' ,4 Bil"}"n.lgS$ / ':L 7'0 n~~~. ~j 1;:'-I/..LG.fL~'E:". <:"'TnIRJ?6':" ..JJ/rL.. .4 ~/ rC?H /J;'-E: S7O'.RJl:Si,~OIP, 4) hot=" ~ . d. 1)F'.~'F""///)f:"J? )" J:7'v:J.I roo UII&t:>./- F-kr;;;-r Acodt? . pent, rrr..1Z O~ (311r-,'S.~__-5J- 1-Z.tJ,1S:r. (:5 .-J,."5rlillE"cr ri>. J!a.CE.n7.nl:.-rJ F"/~~ . -J .~"'rt7ll1 rMO/.,=r ;=:E~ t.) Pr.o,l{:.r,.,- 1.<; II) -rLJ~ VE'R.CfmmJ-r f=""/~~ ur:Jt{nj -01 s'/' R /I"-:r- . FPB170(Qt..Q3) e City of San Bernardino Public Services Department Development Project Conditions of Approval 300 North D Street - 4th Floor San Bernardino, CA 92418 e Project Number: TPM j 7052 & DPII Praject Planner: Aran Liang Review Date: 9.14.06 I , 04-54 : I Praject Descriptian/Business Name: Twa Industrial Buildings , ! Praject Lacatian/Address: Between Cable & Devil Creeks Service Accaunt: I i , Reviewed By: Gracie Washingtan e-mail: Washingtan_g r@sbcity.arg Phane: 909.384.5549 . Standard Develapment Requirements Praject shall meet all applicable Standard Develapment Requirements as attached. . Integrated Waste Management Survey I I Applicant shall submit an Integrated Waste Management Survey far each .of the activities marked belaw i I with the initial applicatian t.o Planning far appraval by the Public Services Department Refuse and Recycling Divisian priar ta issuance .of permits far each activity. The infarmatian cantained in the Survey as well as any related camments and mitigatian pravided by Public i Services shall be summarized in the Initial Study and EIR if required far the project under CEQA. i , i I D Demalitian & Site I D Canstructian / Renavatian D Business Operatians .or Event i i Preparatian i I Additianal Requirements .or Recammendatians ' . ! i : e r--u City of San Bernardino Public Services Department .tan_dard Development Requirements age 2 of 4 COMMERCIAL & INDUSTRIAL DEVELOPMENT Collection Services 1. The collection or transportation of refuse, recyclable discards, or green waste from any commercial and I industrial locations within the City shall be provided by the City of San Bernardino Public Services Department unless otherwise franchised or permitted. [MC !i 8.24.140] 2. New accounts require a completed Service Application, with a full deposit and a copy of manuals for all compactor units, returned to the City of San Bernardino Refuse & Recycling Division prior to issuance of the final Certificate of Occupancy. 3. Shared refuse and recycling services for multi-tenant commercial sites shall be billed to a single owner or property manager; leases shall include terms to accommodate sub-metered services. 4. All refuse containing garbage, such as food, vegetable, or animal wastes, shall be removed at least twice weekly, I and all other solid wastes shall be removed at least once weekly. [SB County Health, Sanitation and Animal Regulations !i 33.083] S. All commercial establishments generating 6 cubic yards or more of solid waste per week shall establish City recycling services for maximum diversion within 30 days of opening business, or establish an alternative diversion program to be identified in the IWM Survey for the project. Automated Cart Service to Nonresidential Facilities i 6. Nonresidential establishments such as small offices, shops, meeting halls, or churches, which generate 2 cubic yards or less of non-bulky waste per week and are located on the same side of a residential block receiving automated cart service shall meet residential rather than commercial requirements. Service Vehicle Access 1 : 7. Projects shall meet City Engineering requirements for commercial vehicle drive access along the main ingress to i and egress from enclosures. These requirements shall not limit requirements for Fire vehicle access. 8. Property without through access shall incorporate at least one of the following designs; . A cul-de-sac with a 40-foot turning radius for a 32-foot vehicle length . A hammerhead turn with a 40-foot turning radius for a 32-foot vehicle length Gated Access 9. Gated properties that are locked and unmanned on service days anytime between the hours of S AM and 5 PM I Monday through Saturday shall provide access code or key to Public Services. Shared Collection Areas - Reciprocal Access I 10. Front-load bin enclosures and roll-off compactor units may be shared across existing or proposed property _lines if enclosures or equipment provide adequate capacity for anticipated refuse and recyclable materials . generation, AND if Reciprocal Access for shared collection areas is recorded with the property. City of San Bernardino Public Services Department Standard Development Requirements _age 3 of4 Roll-off Compactor Units 11. Sealed compactor units dedicated separately to refuse and recyclables may be required to be installed at facilities with an anticipated waste generation of 60 uncompacted cubic yards per week. 12. Roll-off compactor units must be installed according to manufacturer's and City Engineering specifications with the compactor hopper and roll-off box on a concrete slab with a minimum 3-foot continuously paved perimeter for safe access. 13. Roll-off boxes at locations receiving City service must meet City rail and hook specifications per City Engineering Standard 510. Boxes shall be designed with disposal end opposite hook-up; boxes with same-side deSign may be subject to a roll-back charge. 14. Compactor equipment shall be screened from view of public right-of-way by materials compatible with building architecture and landscaping as specified by City of San Bernardino Development Code. [MC ~ 19.20.030 (21)] 1 S. Location, orientation, and dimensions of enclosures, enclosure gates, pedestrian entry, compactor pads, and compactor screening, shall be shown on site plans and labeled that construction shall meet City Engineering Standards. Existing Bin Enclosures _ Existing bin enclosures must have minimum inside dimensions of 7'9" x 9' OR 15' x 4'5" to fit two 3CY bins. . Existing enclosures must have block walls, inside bumper guards or curbing, and solid steel gates, OR I enclosure(s) must be reconstructed to meet Engineering Standard 508. Enclosure may be relocated for best drive I access and alignment, plans subject to Public Services approval. (Please note, if site will generate 2CY or less of I solid waste per week, see Residential Collection options.) ! Front-load Bin Enclosures & Access 17. Minimum double-wide enclosures of 8 feet by 15 feet shall be required for all development to allow for dedicated recycling bins, except where potential waste generation or space is restricted. [Specifications adopted in accordance with Model Ordinance as required by CA PRC 942911] I 18. Front-load compactor units must be contained in an enclosure large enough to hold the unit and one additional bin facing lengthwise. 19. Front-load bin and compactor enclosures must be constructed according to City Engineering Standard 508. Rear or side pedestrian entry shall be provided on enclosures for all multi-unit residential dev.elopment. Pedestrian entry on free~slanding enclosures shall have a 4-foot width, no gate or door, and an 'L' shaped block screen the same height of the enclosure. I 20. Pedestrian access from building exit to bin enclosure shall be a minimum 4 feet wide and continuously paved, without crossing curbs, steps, or driveways. 21. Enclosure pads shall be level to restrict bins from drifting and designed for proper drainage of surface water. Enclosures must be at least 5' from combustible walls, eave lines, or openings. [98 CA Fire Code ~ 1103.2.2] City of San Bernardino Public Services Department Standard Development Requirements egeA of 4 ! 23. Only refuse bins and the contents therein for disposal may be stored in refuse enclosures. All other equipment, i fixtures, and materials such as electrical panels, circulation or exhaust ducts or vents, grease bins, or surplus I supplies are strictly prohibited. I I 24. Enclosures shall be buffered with landscaping when viewable from public right-of-way, and vegetation shall not i restrict gates or exceed height of enclosure. Include vegetation on landscape plans. j 25. Enclosures shall be located with gates aligned for straight access for service vehicles. , 26. Enclosures shall not obstruct drive aisles, driveways, loading zones, parking, handicap access, or visibility of I cross-traffic from drive aisles, alleys, or streets. Location shall not cause service vehicle to block access drives i during while bins are being serviced. i , 27. Enclosure gates shall not open into drive aisles, parking spaces, or walkways. Enclosures placed adjacent to parking shall be separated by a minimum 2-foot wide curbed area out to the farthest point of both gates, and designed to safely restrict gates from opening into parking spaces or landscaped areas.. , 28. Location, orientation, and dimensions of enclosures, enclosure gates, and pedestrian entry, shall be shown on I site plans and labeled that construction shall meet City Engineering Standards. Multi-unit Dwellings Commercial requirements shall apply to all multi-unit dwellings over 8 units, unless otherwise approved. 30. Disposal chutes incorporated into multi-story buildings must have dedicated chutes for refuse & commingled recyclables. Both chutes shall be clearly and permanently labeled at each chute opening and exit. [Specifications adopted in accordance with Model Ordinance as required by CA PRC ~4291l] e SA" _.:RNARDIND MUNICIPAL WATER REPARTMENT STANDARD REQUIREMENTS RCIERC Case: TENTATIVE PARCEL MAP NO. 17052 (SUBDIVISION NO. 04-35) & DEVELOPMENT PERMIT II NO. 04-54 266-041-71 .PN NUMBER: EPN NUMBER: REVIEW OF PLANS: OWNER: DEVELOPER: TYPE OF PROJECT: DATE COMPILED: COMPILED BY: Brunson, Ted Michael & David Hardy Hogle-lreland,lnc. a request to construct two industrial buildings. Building A will be 48,844 square feet and Building B will be 138,078 square feet. NUMBER OF UNITS: 0 LOCATION: Southwest side of Industrial Parkway between Cable Creek and Devil Creek WATER DEPARTMENT ENGINEERING: CONTACT: Litchfield, Matthew PHONE NUMBER: (909) 384-5386 FAX NUMBER: (909) 384-5532 Nole: All Water Services are Subject to Ure Rules Regulations of Ure water Depanment oj' Size of Main Adjacent the Project 12" D.I.P. IN INDUSTRIAL PARKWAY oj' Approximate Water Pressure 65 osi Elevation of Water Storage: 1720 Hydrant Flow @ 2Opsi: Type, Siz~, Location and Distance to Nearest Fire Hydrant Water Supply Study Required - - - Pressure Regulator Required on Customer Side of the Meter Offsite Water Facilities Required Water Main ReimburSement Due ~,=' Area Not Served by San Bernardino Municipal Water Department Network Hydraulic Analysis Required per Uniform Design Standards Comments: WATER QUALITY CONTROL CONTACT: Anieta, Con PHONE NUMBER: (909) 384-5325 .- R.P.P..Backflow Device Required at Service Connection for Domestic Service Dubie Check Backflow Device Required at Service Connection for Fire and Irrigation . Backflow Device to be Inspected before Water Service can be Activated No Back.flow Device is required at this time SewER CAPACITY INFORMATION CONTACT: Thomsen. Neil PHONE NUMBER: (909) 364-5093 FAX NUMBER: (909) 384-5592 Note: Proof of Payment Must be Submitted to the Building _Safety Depanment Prior to Issuance of Ure Building Permit ~.~~ Sewer Capacity Fee Applicable at this time __ Sewer Capacity Fee must be paKj to the Water Department for Q. Gallons Per Day: Equivalent Dwelling Units: Q. ~ Subject to Recalculation of Fee prior to the Issuance of Building Permit ~.~ Breakdown Of Estimated Gallons Per Day FAX NUMBER: (909) 384-5928 COPY TO: Customer; Planning; Engineering e ,-"""""~''''---"""",,,,,,,~-------'~~-----''-~''''-''--_''"'''''''-'-'-''--<~'''~'-"'._-'""-'-~""''''''-""",",,,-,,--....._-- Tuesday, March 22, 2005 EPN 2000 Page 1 of 1 e- e CITY OF SAN BERNARDINO DEVELOPMENT SERVICES INITIAL STUDY ATTACHMENTE CITY OF SAN BERNARDINO INITIAL STUDY FOR VIC-VIN TWO-LOT INDUSTRIAL SUBDIVISION & TWO INDUSTRIAL BUILDINGS ON INDUSTRIAL P ARKW A Y Tentative Parcel Map No. 17502 (Sub No. 04-35) & Development Permit II No. 04-54 The Proposed Project will result in the development of approximately 10.3 acres of land on the southwest side of Industrial Parkway. between Devil Creek Channel and Cable Creek Channel. The Proposed Project will entail subdividing the site into two lots of 6.7 acres and 3.6 acres, and the construction and subsequent operation of approximately 187,694 square feet of building space in two buildings to accommodate warehouse facilities with offices. Development of the Proposed Project will be in accordance with the City of San Bernardino General Plan and Development Code. January 6, 2006 PREPARED BY Hogle-Ireland, Inc. 4280 Latham Street. Suite C Riverside. CA 92501 (951) 787-9222 PREPARED FOR City of San Bernardino Development Service Department 300 North "D" Street San Bernardino, CA 92418 (909) 384-5057 REVIEWED BY Independently reviewed, analyzed and exercised judgement in making the determination, by the Development/Environmental Review Committee on e -':;&. ~l ~~ pursuant to Section 21082 of the California Environmental Quality Act (CEQA). IS I e- 5. e e CITY OF SAN BERNARDINO DEVELOPMENT SERVICES INITIAL STUDY The California Environmental Quality Act (CEQA) requires the preparation of an Initial Study when a proposal must obtain discretionary approval from a governmental agency and is not exempt from CEQA. The purpose of the Initial Study is to determine whether or nor a proposal, not exempt from CEQA. qualities for a Negative Declaration or whether or not an Environmental Impact Report (EIR) must be prepared. I. Vic-Vin Tentative Parcel Map & Development Permit II Project Title: 2. Lead Agency Name: Address: City of San Bernardino 300 North "0" Street San Bernardino, CA 92418 3. Contact Person: Phone Number: Aron Liang, Senior Planner (909) 384-5057 4. Project Location (Address/Nearest cross-streets): Industrial Parkway, between Devil Creek and Cable Creek Channels, northwest of Lexington Project Sponsor: Victor DiPietro Vic- Vin Enterprises, LLC 16400 Southcenter Parkway, #308 Seattle, W A 98188 Address: 6. General Plan Designation: IH Industrial Heavy in Subarea B of the Northwest Redevelopment Plan Area 7. Description of Project (Describe the whole action involved, including, but not limited to, later phases of the project and any secondary, support, or off-site feature necessary for its implementation. Attach additional sheets, if necessary): The proposed project is the subdivision of a 10.3-acre parcel into two industrial parcels, and construction of two warehouse-industrial buildings totaling 187,694 square feet. The proposal is to create one parcel of 6.7 acres with a 138,078 square-foot warehouse, and a second parcel of 3.6 . acres with a 49.616 square-foot warehouse. - The proposed subdivision will result in two industrial parcels. Parcel 1 will contain 6.7 acres on the southerly portion of the site. It will have a frontage onto Industrial Parkway of approximately 400 feet. and the width will be approximately 400 feet. The southeasterly side (shown as project direction south on plans) will abut Devil Creek Channel with a depth of 729.72 feet. The northeasterly side will abut Parcel 2. and have a depth of approximately 531 feet. Lot depth will vary. but will average approximately 630 feet. The rear will abut Cable Creek Channel. Parcel 2 will contain 3.6 acres on the northerly portion of the site. and will have a triangular shape. It will have a frontage onto Industrial Parkway of approximately 596 feet. The southeasterly side will abut Parcell with a depth of approximately 531 feet. The west side (shown as project IS 2 I e- .e e CITY OF SAN BERNARDINO DEVELOPMENT SERVICES INITIAL STUDY will abut Parcel 1 with a depth of approximately 531 feet. The west side (shown as project direction northwest on plans) will abut Cable Creek Channel with a depth of approximately 613 feet. Because of the triangular shape, the proposed parcel will not have a rear property line. The proposed subdivision is in an urbanized area, zoned for industrial use, and results in two parcels in a manner conforming to the General Plan and the Development Code, without variances or exceptions, with all services and access available with a level of service meeting local standards. The project site was not involved in another subdivision within the last two years, and has an average slope of approximately 2.9 percent. The proposed project will consist of site preparation, appurtenant improvements, and construction of two concrete, tilt-up warehouses, with individual office areas located in prominent comers adjacent to landscaped parking areas. The buildings will have loading docks that face away from streets. Building A, on Parcel 2, will contain 49,616 square feet, of which approximately 4,200 square feet will be office space. Building B, on Parcel I, will contain 138,078 square feet, of which approximately 9,600 square feet will be office space. The front office comers of each building will have architectural color and pop-out treatments. Building A will have a coverage of 32 percent, and 34,086 square feet of landscaping. Building B will have a coverage of 47 percent, and 34,556 square feet of landscaping. Landscaping is located primarily along the fronts of the parcels. Development Code Section 19.24.060 #6 provides that fifteen percent of the parking area is to be landscaped. The project plans indicate that the required landscaping for Building A is 11,606 square feet, and 34,086 square feet of landscaping is provided; while for Building B, the numbers are 18,094 (required) and 34,556 (provided). Development Code Section 19.24.040 provides that on-site parking be provided at a rate of one space per 250 square feet for the office areas, and either one space per 1,000 square feet (for Building A) or one space per 1,250 square feet (for Building B). This equates to 59 parking spaces for Building A and 132 spaces for Building B. Respectively, 74 spaces and 154 spaces are provided. Following construction, the buildings would most likely be used as warehouses, although future tenants have not been identified. Therefore, the details of the future businesses' operating characteristics and number of future employees are unknown. Any future building tenants will be required to follow City codes, meet City standards, and comply with other Federal, State, and regional regulatory requirements. An estimate of the number of employees can be made. Using an assumption that the number of parking spaces required by the Development Code is a proxy for the maximum number of employees, the maximum number of persons employed at the two proposed buildings would be 195 (63 persons in Building A and 132 persons in Building B, for a total of 195 persons). It should be noted that this proxy is used for evaluating the maximum potential number of employees, and the actual number is likely to be smaller. Regional Context and Vicinity Maps, Aerial Photograph, Site Plan, and Subdivision Map follow. IS 3 e - 1 '.i '.",'; "'d,' >"'.' !". A";. :i~'.. "',a/" ,n.;,' Crestline Fr.;./f'<;! 0 o Lake 0 Arrowhead Arrowhead .. Highlands c Running I <Cl Project . Springs Site 3~O. Rancho Cucamonga ~T[' (iI' oHighland ~ Claremont 0 0 Montclalr_ o Upland 0 " 0 San 0 Fontana Railla Bernardino 0 00 Ontario 0 ~JO o Mentone porno'na Bloomington Collon 0 cChinof.] Lomao Redlands 0 Mira Lorna 0 c Linda oRubidaux Chino Hills 0 Riverside 0 0 0 Calimesa e ... ,... ,. 'f-' .' i;~ ' o Moreno Valley '-0'- ,-,...I Exhibit I - Rcpnnal Cnntc:\t \Iar e i j' i a; j' j' , a; i .- .f .s .- j' Q" l' ~ I IT .s s' .- . ~ il " 1; % ~. . <b< ~. ~....-o I ~o~d '0" 0, \(\~\\\I>\\Of\ 0-0- '.. 1) ';-.0 I '!. "', 0'091/ ~~ 0" I '. ~~1J~ i '" .. ~. ......~ PROJECT ~~ ;t":'" .' 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" V'- , '" -Z;..-' \ '" \ \ \> " " ,~ --:; ~~' {\J ,.... \\,~,. ....,,""'~..'^.:- \. .... -= ~\ '7~. ~ ",', ~ ~ '" 1:,;., '-. w . o b ~ L w tU M a.. c!j' / ",.. ; L / /-: 2 ~d w -' --.-; . ---::~ '~ -:-:--- ,- I I -;'; ~ ~ ~ ~ :: :: ': ~ 1 tt !! ~ :, ~ ~ ~ ;; ~ 1 ~ i ~ c < . > . - . . _ u . . . < , ~ .. :2 ; :c = - u % ~ o z ~l. ~l'" t: d!! ~ ::;l 01: " :!:';\1 'J ~ 'i , .' ii -- e e CITY OF SAN BERNARDINO DEVELOPMENT SERVICES INITIAL STUDY 8. Surrounding Land Uses and Setting: Vicinity: Industrial park development along Industrial Parkway, between the railroad/Cajon Boulevard corridor on the southwest and the 1-215 Freeway on the northeast - The area is traversed by Cable Creek Channel (roughly north to south) and Devil Creek Channel (northeast to southwest). On-site: . IH - Industrial Heavv Land Use Designation, vacant - On March 23, 2000, the site was granted a Conditional Use Permit (#99-17) to establish a green waste recycling facility. On April 17, 2000, a Notice of Determination that that project would not have a significant effect on the environment, and that a mitigated negative declaration was prepared for the project was filed. At the same time, de minimis impact findings were made that there was no evidence that the project would have the potential for an adverse effect on wildlife or wildlife habitat. However, the project was not constructed, and the use permit is no longer valid. West: (Shown as project northwest on project plans) IH - Industrial Heavv Land Use Designation - Cable Creek Channel, and beyond that a fully developed industrial facility occupying about 38 acres on two parcels southwest ofIndustrial Parkway Northwest: IH - Industrial Heavv Land Use Designation - Cable Creek Charmel, and beyond that vacant and developed industrial parcels northeast of Industrial Parkway and west of Cable Creek Channel North: IH - Industrial Heavv Land Use Designation - industrial facility northeast of Industrial Parkway and east of Cable Creek Channel Northeast: IH - Industrial Heavv Land Use Designation - industrial-warehouse facilities northeast of Industrial Parkway and backing onto the 1-215 Freeway Southeast: (Shown as project south on project plans) Devil Creek Charmel and right-of-way with PFC - Public Flood Control Land Use Designation, and beyond that IL - Industrial Light Land Use Designation with vacant and developed industrial park parcels Southwest: PFC - Public Flood Contro\' IH - Industrial Heavv. and IL - Industrial Light Land Use Designations - the confluence of Cable Creek and Devil Creek Charmels, and continuation of Devil Creek Channel toward Cajon Boulevard, with industrial development on either side. IS 8 e- e e CITY OF SAN BERNARDINO DEVELOPMENT SERVICES INITIAL STUDY 9. Other agencies whose approval is required (e.g., permits, finance approval, or participation agreement): The following approvals are required prior to project implementation: . City of San Bernardino approval of Tentative Parcel Map SUB04.35 . City of San Bernardino approval of Type II Development Permit DP2/304-54 . Santa Ana Water Quality Control Board. NPDES Permit . City of San Bernardino approval of grading and building permits . l'.S. ArnlY Corps of Engineers review of drainage encroachment . San Bernardino County Flood Control Board approval of drainage encroachment IS 9 e- e~ CITY OF SAN BERNARDINO DEVELOPMENT SERVICES INITIAL STUDY ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. D Aesthetics D Agriculture Resources D Air Quality D Biological Resources D Cultural Resources D Geology / Soils D Hazards & Hazardous D Hydrology / Water Quality D Land Use / Planning Materials D Noise D Population / Housing D Mineral Resources D Recreation D Transportation / Traffic D Public Services D Mandatory Findings of D Utilities / Service Systems Significance On the basis of this Initial Study, the City of San Bernardino Environmental Review Committee finds: D I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. D I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. D I find that the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" impact on the environment, but at least one effect I) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. D I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that EIR or NEGA TIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. /-:=~.~ " - . ----- _ Signature - Atrw' L/~Y' Printed'Name . IS 10 1PCfitArit-~ ~ Date' / (7.1 4Jjw~ For . CITY OF SAN BERNARDINO DEVELOPMENT SERVICES -- INITIAL STUDY Less Than Potentially Significant Less Than No Significant With Significant Impact Impact Mitigation Impact Incorporation I. AESTHETICS - Would the project: a) Have a substantial adverse effect on a scenic 0 0 ~ 0 vista as identified in the City's General Plan? b) Substantially damage scenic resources, 0 0 0 ~ including but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? c) Substantially degrade the existing visual 0 0 ~ 0 character of quality of the site and its surroundings? e d) Create a new source of substantial light or glare 0 0 ~ 0 which would adversely affect day or nighttime view in the area? e) Other: 0 0 0 0 Discussion: I.a. c e Scenic vistas and visual character are highly influenced by focal point and perspective. On page 12, the General Plan discusses quality of life, and references the "strong visual and physical amenity of [the City's] location at the base of the San Bernardino Mountains." The primary scenic and visual character, or the focal point in the vicinity of the proposed project is the distant backdrop view of the mountains north and east of the site. The public view of this focal point is primarily from public streets such as Industrial Parkway. The channelized areas of Devil Creek and Cable Creek are narrow corridors and closed to public access, and do not provide a perspective of views. Moreover, adjacent areas located farther to the southwest, particularly along Cajon Boulevard include foreground views of the railroad corridor and existing development.' Limited vistas also occur to a much lesser degree from various points around existing industrial buildings adjacent to the project site. The two proposed industrial buildings will provide large masses that will be located on the side of Industrial Parkway that is opposite the views of the mountains. Thus, persons viewing the mountains from Industrial Parkway will mostly be looking away from the proposed buildings. The buildings themselves are subject to design requirements in the Development Code, will have architectural articulation at prominent corners facing the street, and will not detract from the visual character of the industrial neighborhood. From the perspective of persons along Cajon Boulevard, approximately 800 feet distant, the proposed buildings are less than forty feet in height, and will not interfere with the view of the taller mountains when viewed from that distant position. Therefore, although there IS 11 -- CITY OF SAN BERNARDINO DEVELOPMENT SERVICES INITIAL STUDY will be some effect on vistas and visual character, the effect will not be adverse, and there will be a less than significant impact from the proposed buildings. l.b The area does not contain a state scenic highway. Therefore, the proposed project would not have an impact on scenic resources within a state scenic highway. No mitigation measures are necessary. l.d The proposed project will result in an incremental increase in the amount oflight and glare from the installation of on-site lighting. However, General Standards 11 and 14 within Section 19.20.030 of the Development Code provide that exterior lighting shall be shielded or recessed so that direct glare and reflections are contained within the boundaries of the parcel, and shall be directed downward and away from adjoining properties and public rights-of-way. It is further provided that no lighting shall blink, flash, or be of unusually high intensity or brightness, and that all lighting fixtures shall be appropriate in scale, intensity, and height to the use it is serving. Mandatory adherence to these provisions to reduce the impact of on-site light sources will reduce impacts associated with this issue to a less than significant level. e e IS 12 e- CITY OF SAN BERNARDINO DEVELOPMENT SERVICES INITIAL STUDY elI.a e 11. AGRICULTURE RESOURCES: a) Convert Prime Farmland. Unique Farmland. or Farmland of Statewide Importance (Farmland). as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to a non- agricultural use? b) Other: Conflict with agricultural zoning, an existing agricultural use, or a Williamson Act Conservation Contract? Discussion: Less Than Potentially Significant Less Than No Significant With Significant Impact Impact Mitigation Impact Incorporation D D D ~ D D ~ D The City of San Bernardino generally consists of Urban and Built-Up Land designations interspersed with Grazing Land designations. Reviews of the Department of Conservation Farnlland Maps indicated that there are no areas designated as Prime and Unique Farmland by the California Resources Agency within the vicinity of the proposed project site or this part of the City of San Bernardino. Therefore. there is no impact. lI.b The property is not used for agriculture, and is not subject to a Williamson Act Conservation Contract. Therefore. there is no impact. IS \3 1--- e lIJ.a-c The proposed project site is located within the South Coast Air Basin (SCAB). Local regulatory review and primary authority over potential sources of air pollution within the SCAB are under the jurisdiction of the South Coast Air Quality Management District (SCAQMD). The SCAB is an area not in attainment of the National Ambient Air Quality Standards or California Ambient Air Quality Standards for Particulate Matter <10 microns (PMIO) and Ozone. Because of the non-attainment status, the SCAQMD was required to prepare, implement, and enforce a 2003 Air Quality Management Plan (AQMP) that was approved by the California Air Resources Board. The AQMP was designed to bring the region into compliance with federal and state air quality standards, and utilizes technology advancements and systemic, region-wide control measures, such as regulating use of surface coatings and solvents, and regulating petroleum operations and IS 14 e- e e 1_____ CITY OF SAN BERNARDINO DEVELOPMENT SERVICES INITIAL STUDY fugitive emissions. The AQMP is a systemic approach rather than a project-by-project approach. As such, current and future systemic regulatory requirements and changes will also occur for the future operators of the proposed project, and the potential project impacts related to routine fulllre operations will be mitigated along with all other operations in the SCAB. The SCAQMD developed the CEQA Air Quality Handbook (2001) with thresholds based on the \olume. as stated in pounds per day, of emissions resulting from projects. Projects with daily emissions exceeding the following daily thresholds (expressed as pounds per day) are considered as having significant impacts on air quality: I i Durinu Construction I Durin 0 eration EMISSIONS THRESHOLDS ROG NOx CO 75 100 550 55 55 550 PMIO 150 150 S02 150 150 During the construction phase, the site will be graded and the building pads will be prepared, the building shells will be constructed, the parking lots will be prepared, and final interior and exterior finishes will be completed, including the installation of landscaping. Based upon the SCAQMD's Urbemis program, the following daily construction emissions are anticipated: I Source Fu itive Dust i Estimated Emissions ! Threshold Levels i Si nificant? SITE GRADING EMISSIONS ESTIMATES ROG NOx CO PMIO 23.84 23.84 150 No S02 75 No 100 No 550 No 150 No CONSTRUCTION EMISSIONS ESTIMATES Source ROG NOx CO S02 PMIO Bldg. Const. Off-Road Diesel - - - - - Bldg. Const. Worker Trips 1.49 1.82 34.93 0.02 0.13 Arch. Coating Off-Gas i 314.37 - - - - Arch. Coating Worker Trips I .99 1.54 28.93 0.02 0.12 Asphalt Off-Gas 1.19 - - - - , Asphalt Off-Road Diesel - - - - - i Asphalt On-Road Diesel 0.27 4.26 0.99 0.08 0.13 ! Asphalt Worker Trips - - - - - Estimated Emissions 317.81 7.34 58.85 0.12 0.37 Threshold Levels 75 100 550 150 150 Significant? Yes No No No No Construction emissions from the proposed project would exceed the SCAQMD thresholds of significance, although construction is anticipated to occur over a seven-month period, the actual threshold exceedence be even more short term as specified herein. The primary sources' of IS 15 e- CITY OF SAN BERNARDINO DEVELOPMENT SERVICES INITIAL STUDY e e m.d emiSSIons during the beginning of the construction phase will be exhaust <::mlSS10ns from construction equipment and fugitive dust as a result of grading, however, these do not exceed thresholds with the proposed mitigation. However, later, toward the end of construction for a period of one month during exterior painting, the ROG threshold will be exceeded. The following mitigation measures are required to minimize the project contribution to local and regional emissions of pollutants and minimize impacts to adjacent developments: I. The site shall be treated with water a minimum of twice per day to reduce PMIO emissions. 2. Driveways into the site shall be wet swept as needed to reduce PMJO emissions associated with vehicle tracking of soil off-site. 3. Grading operations shall be suspended when wind speeds exceed gusts of 25 mph to minimize PMJo emissions. 4. On-site construction traffic speed shall be limited to 15 mph on unpaved surfaces. Implementation of these mitigation measures would reduce emissions to levels below thresholds with the exception of the one-month period during exterior painting. This duration is considered to be short term, and once completed, the impact would cease. During the operational phase, the proposed project would operate as warehouses, and principle emissions are likely to be from the use of forklifts, commuter's vehicles, and delivery trucks. The following operational emissions are anticipated: OPERATIONAL EMISSIONS ESTIMATES i ROG NOx CO S02 PMIO I Area Source 2.93 0.91 2.31 0.00 0.01 ! Operational (Veh.) 10.11 9.29 98.51 0.09 7.79 Total 13.05 10.20 ]00.83 0.09 7.80 Threshold Levels 55 55 550 ISO ISO i Si"nificant? No No No No No Emissions during the operational phase would not exceed SCAQMD thresholds, although operations will have to comply with SCAQMD requirements, Implementation of the proposed project would not exceed established thresholds for pollutants identified by SCAQMD. The SCAQMD Air Quality Analysis Guidance Handbook states that sensitive receptors are structures that either house persons who are especially sensitive to air pollution emissions, or provide gathering places for those persons to exercise. The proposed project will result in two warehouse structures located in an industrial park, and separated from residential land uses that are located northeast of the 1-215 Freeway, and southwest of the Cajon Boulevard railroad corridor. These potential receptor locations are at least 800 feet from the project site. Moreover, the operational characteristics of the proposed project, as discussed above, are not likely to pose substantia] pollutant concentrations, and any impacts would be less than significant. IS 16 e- CITY OF SAN BERNARDINO DEVELOPMENT SERVICES INITIAL STUDY e e lIl.e There would be temporary impacts during construction. Diesel-powered vehicles and equipment are likely to be used, and would create odors. There may also be odors from the installation of parking lot and driveway asphalt, and the application of architectural coatings on buildings. These temporary odors are not likely to be noticeable beyond the project boundaries. SCAQMD requirements regarding the installation of asphalt surfaces and the application of architectural coatings are sufficient to reduce temporary odor impacts to a less than significant level. IS 17 IS 18 e- e e CITY OF SAN BERNARDINO DEVELOPMENT SERVICES INITIAL STUDY IV. BIOLOGICAL RESOURCES - Continued f) Other: Less Than Potentially Significant Less Than No Significant With Significant Impact Impact Mitigation Impact Incorporation 0 0 0 0 Discussion: IV.a-b The proposed project site is not within the Biological Resources Management Overlay as shown on Figure 41 of the General Plan. An initial study conducted in 2000 for Conditional Use Permit (CUP) 99-17, concluded that a project proposed for this site would not result in any impacts to endangered. threatened or rare species, or their habitats. A Negative Declaration was approved, and De Minimis Impact Findings were made. More recently, on July 12, 2001, the same De Minimis Impact Findings were made for another project, CUP 00-28, located immediately across Industrial Parkway from the proposed project site. The 2000 initial study for CUP 99- I 7, described the plant cover on the proposed project site as a "mixture of non-native weedy species commonly found growing on vacant lots in southern California such as ragweed (Abrosia psiloscachya), short-podded mustard (Hirschfeldia incalla), and foxtail (Vulpia myuros), which supports minimal wildlife activity." That study went on to say that the "surrounding properties are either vacant supporting similar non-native grasslands, or developed with heavy industrial activities such as San Bernardino Steel which discourage the presence of wildlife." IV.c The proposed project site is a three-sided parcel that is bounded on one side by Industrial Parkway, and on the other two sides by Devil Creek Channel and Cable Creek Channel. These channels are improved drainage channels operated by the San Bernardino County Flood Control District, and have raised, manufactured sides that contain flowage. The project site has a slight slope that averages about 2.9 percent. and that is roughly uniform across the site. draining down to the southeast. This slope neither intercepts natural drainage courses, nor provides a condition conducive to the formation of a wetland character. Thus, there are no jurisdictional drainages or wetlands, and there is no impact related to this issue. IV.d Refer to IV.a-b above. IV.e The proposed project site is not located within an adopted Habitat Conservation Plan or Natural Community Conservation Plan area. Thus, there is no impact associated with this issue. IS 19 V.a-d The proposed project site is outside the areas for concern mapped on Figure 8 of the General Plan. There are no known unique ethnic or cultural values, or religious or sacred uses associated with the project site. No prehistoric sites have been previously recorded with the National Register of Historic Sites on or within one mile of the project site, and no fossil remains have. been found. Thus no historic properties, paleontological resources, or archeological resources have been identified at the project site, and there will be no impact. . V.e There is no evidence in place to suggest the project site has been used for human burials. The California Health and Safety Code Section 7050.5 states that if human remains are discovered on-site, no further disturbance shall occur until the County Coroner has made a determination of origin and disposition pursuant to Public Resources Code Section 5097.98. As adherence to State law is required for all development, no mitigation is required in the unlikely event human remains are discovered on-site. e IS 20 eVI.a Development of the project site will require the movement of earth during site preparation and construction of the proposed buildings, drive ways, and parking areas. On-site grading operations will be required to adhere to applicable standards established and enforced by the . -IS 21 e- CITY OF SAN BERNARDINO DEVELOPMENT SERVICES INITIAL STUDY e VI.b Vl.c Vl.d Vl.e eVI.f City. Adherence to these standards will reduce potential impacts relative to on-site earth moving to a less than significant level. The proposed project site is located in the San Bernardino Valley, which is an area of high regional seismicity. The San Andreas Fault is located approximately 2.0 miles north of the project site, while the Glen Helen / San Jacinto Fault area is located approximately 1.0 to 2.0 miles southwest of the site, as shown on Figure 47 of the General Plan. The Cucamonga Fault is located more distantly ftom the project site, as indicated by Figure 46 of the General Plan. No impacts associated with on-site fault rupture are anticipated to occur because no fault traces have been located on the project site. The most likely hazard to persons and property would result from ground shaking during a seismic event. Based on Figure 46 of the General Plan, a maximum ground acceleration of 0.8g may occur during a magnitude 8.5 event on the San Andreas Fault, a maximum ground acceleration ofO.7g may occur during a magnitude 7.5 event on the San Jacinto Fault, and maximum ground acceleration of 0.45g may occur during a magnitude 6.5 event on the Cucamonga Fault. The project site is located in Unifornl Building Code, Seismic Zone 4. The State has modified the Uniform Building Code (UBC) to incorporate modifications specifically for construction within seismically active areas. Adherence to standards set forth in this revised building code, the California Building Code (CBC), which is required for all construction within the State, will reduce potential ground shaking impacts to a less than significant level. The proposed project site is outside the mapped locations of Alquist Priolo Special Study Zones shown on Figure 47 of the General Plan, and there will be no impacts associated with construction in such a Zone. The proposed project site is outside the mapped areas of high potential for water or wind erosion shown on Figure 53 of the General Plan. Moreover, the buildings, paving, and landscape resulting from the implementation of the proposed project will eliminate potential exposure to wind or rain erosion. As part of the development process, the developer must prepare, and have approved by the City, a Stormwater Pollution Prevention Plan (SWPPP) and a Water Quality Management Plan (WQMP) that will set out required actions that will avoid stormwater run-off and the resulting erosion. These actions are required during and following construction. Thus, there will be no such impacts associated with construction at the project site. The proposed project site is in an area of low relief, and is outside the mapped areas of Generalized Landslide Susceptibility shown on Figure 52 of the General Plan, and there will be no such impacts associated with construction at the project site. The site is also outside the mapped area with potential ground subsidence shown on Figure 51 of the General Plan, and there will be no such impacts associated with construction at the project site. The proposed project site is outside the mapped areas of High or Moderately High to Moderate Liquefaction Susceptibility shown on Figure 48 of the General Plan, and there will be no such impacts associated with construction at the project site. IS 22 e- CITY OF SAN BERNARDINO DEVELOPMENT SERVICES INITIAL STUDY e e Vl.g. Vl.h VLi The project site is relatively flat, with indications of some prior grading. The project site does not contain, nor will the proposed project result in the modification of any creek, channel, river, or unique geologic or physical feature. Thus, the proposed project will not result in impacts associated with this issue. Implementation of the proposed project will require the temporary excavation, stockpiling, and movement of soil to accommodate general site preparation, final grading, building construction, parking lot and driveway construction, and landscaping. The disturbance and movement of soils will increase the potential for on-site soil erosion and dust unless measures are taken to mitigate these temporary impacts. Development of the site will result in the movement of soil in excess of 1.0 acre, and the project proponent will" be required to obtain a National Pollutant Discharge Elimination System (NPDES) pernlit, as well as submitting a Storm Water Pollution Prevention Plan (SWPPP) to address erosion and discharge impact associated with the proposed on-site grading. The developer will also be required to comply with grading and erosion control measures (including the prevention of sedimentation or damage to off-site property) set forth in Chapter 15 of the Municipal Code. Adherence to the NPDES permit requirements and the standards established by the City will reduce potential impacts related to this issue to a less than significant level. Because the site is relatively flat, without slopes of significant steepness, and requires only minor grading cuts and fills, soil stability will not be an issue during construction. Based on the above information and specified development requirements, although there could be temporary impacts during construction, they would be less than significant. The proposed project site is a relatively flat land form with no steeply sloped areas, and with an average grade of approximately 2.9 percent sloping down to the southwest. Elevations on-site range from 1,586 feet above mean sea level (amsl) at the northerly comer of the site to 1,559 feet amsl at the site's southwestern comer. Moreover, the project site is not located in or near the foothill area referenced in Section 19.17.030 of the Development Code as being applicable for the Hillside Management Overlay District (HMOD), nor does it contain slopes in excess of fifteen percent. Proposed finished grades will remain closely related to the site's existing grade. Thus, there will be no impacts related to these issues. (See also: IX.d) IS 23 CITY OF SAN BERNARDINO DEVELOPMENT SERVICES _- INITIAL STUDY Less Than Potentially Sigmfica11l Less Than No Significant With Significant Impact Impact Mitigation Impact Incotporation VII. HAZARDS AND HAZARDOUS MATERIALS - Would the project: a) Create a significant hazard to the public or the 0 0 1:8:1 0 environment through the routine transport, use, or disposal of hazardous materials? bi Create a significant hazard to the public or the 0 0 1:8:1 0 environment through reasonably foreseeable, upset and accident conditions involving the release of hazardous materials into the ell\'ironmellt0 c) Emit hazardous emissions or handle hazardous 0 0 0 1:8:1 or acutely hazardous materials, substances, or _ waste within one-quarter mile of an existing or proposed school0 d) Be located on a site which is included on a list 0 0 0 1:8:1 of hazardous materials sites compiled pursuant to Gov'emment Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment0 e) For a project located within an airport land use 0 0 0 1:8:1 plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area0 l) Impair implementation of or physically interfere 0 0 0 1:8:1 with an adopted emergency response plan or emergency evacuation plan? g) Expose people or structures to a significant risk 0 0 0 1:8:1 of loss, injury or death involving wildland fires, _ including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? IS 24 e- e eVILd CITY OF SAN BERNARDINO DEVELOPMENT SERVICES INITIAL STUDY Potentially Significant Impact Less Than Significant With Mitigation Incorporation No Impact Less Than Significant Impact VII. HAZARDS AND HAZARDOUS MATERIALS - Continued h) Other: o o o o Discussion: VILa-bThe proposed project will consist of two warehouse buildings that would be used by future tenants. Most likely, goods will be transported to, stored at, and transported from the site by way of trucks and trailer-trucks. Although the underlying IH zone allows other industrial uses, Table 08.01 within Section 19.08.020 of the Development Code provides that industrial uses require review and approval of either Development Permits or Conditional Use Permits, and there would be no inadvertent significant change in use. The proposed project could result in the transport of hazardous materials to the site, although the handling of hazardous materials other than for routine cleaning and maintenance purposes is neither proposed nor anticipated. The types of potentially hazardous materials that may be used during the course of future daily activities at the proposed project site are likely to be fuel, paint products. lubricants, solvents. and cleaning products in quantities that are not significant. The construction of the proposed project will include transporting and using potentially hazardous materials such as construction materials, paints. paving materials. fuels, etc. The transport and use of hazardous materials during the construction and operation of the site is required to be conducted in accordance with all applicable Federal and State laws, and local requirements. Compliance with all applicable laws and regulations will reduce the potential impact associated with the routine transport, use, or disposal of hazardous materials to a less than significant level. Should a future use be proposed in either of the buildings that requires significant use of hazardous materials, approvals from the City Building and Fire Departments would be required. VILc The proposed project site is not located within one-quarter mile of either an existing or a proposed school. The one-quarter mile ring includes an area extending roughly to Kendall Drive on the northeast, Majestic Avenue on the southwest, and inside the Industrial Parkway area on the northwest and southeast, and most of the area is an industrial park. Thus, there would be no potential for impacts to schools within one-quarter mile of the project. The proposed project site has not been designated as a hazardous materials site by the California. Department of Toxic Substances Control, and there is no impact associated with this issue. IS 25 e- CITY OF SAN BERNARDINO DEVELOPMENT SERVICES INITIAL STUDY VILe VILf e The project is not located within an airport land use plan or within two miles of a public airport or public use airport. The closest airport is the Rialto Municipal Airport, located approximately 4.5 miles southwest of the proposed project site. When comparing the location of the proposed project site from the extended centerlines of that airport's runways, the proposed project site is approximately two miles from that extended centerline, measured perpendicularly from a point on thai centerline about 3.5 miles from the end of the runway, labeled Runway 9 on the 2005 Thomas Guide map. The second closest airport is the San Bernardino International Airport, located approximately eight miles southeast of the proposed project site. Based on information in Section 19.12 of the City of San Bernardino Development Code, the proposed project site is not within or proximate to areas identified as presenting potential hazards to persons. Moreover, the proposed project site is outside of constrained areas identified within Federal Aviation Regulations Part 77. Thus, there is no impact. (See also: IX.!) The developer of the proposed project must submit plans for review and approval by the San Bernardino Fire Department (SBFD) prior to issuance of building permits. Future tenants of the two warehouses with internal office facilities in the project would be required to prepare and implement a Business Emergency Response Plan that identifies emergency procedures to be used, maps of the building and tenant Improvements, who is responsible for implementation of the plan, and who should be called in case of an emergency, and any other information required by the SBFD. The SBFD reviews designs and plans to ensure that there is adequate emergency access for their vehicles. Therefore, the proposed project would not impair or otherwise physically interfere with an adopted emergency response or evacuation plan. VII.g The proposed project site is located southwest of Kendall Drive and the 1-215 Freeway, outside the mapped Fire Hazard Area shown on Figure 61 of the General Plan. Moreover, the surrounding vicinity is generally developed with industrial uses, and there are no adjacent wildlands. Therefore the proposed project will not expose people or structures to a significant risk of loss. injury or death involving wildland fires, and there is no impact. (See also: IX.e) e IS 26 IS 27 CITY OF SAN BERNARDINO DEVELOPMENT SERVICES e- INITIAL STUDY Less Than Potentially Signilicanl Less Than No Significant With Significant Impact Impact Mitigalion Impact Incorporation VIII. HYDROLOGY AND WATER QUALITY - Continued f) Otherwise substantially degrade water 0 0 0 [8J quulil/.' g) Place housing within a 100-year flood hazard 0 0 0 [8J area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? (Panel No.0607IC7940F) h) Place within a I OO-year flood hazard area 0 0 0 [8J structures which would impede or redirect e flood flows? i) Expose people or structures to a significant 0 0 0 [8J risk of loss, injury, or death involving flooding, including flooding as a result of the failure of a levee or darn? j) Inundation by seiche, tsunami, or mudflow? 0 0 0 [8J k) Other: 0 0 0 0 Discussion: VIII. a The proposed project is designed to, and will be connected to existing water and sewer systems. During construction, waste discharges will potentially include discharges of stormwater and sediment. However, a construction project resulting in the disturbance of 1.0 acre or more requires an NPDES permit, and preparation of a Storm Water Pollution Prevention Plan (SWPPP) is required of the project proponent. Adherence to measures included in the SWPPP will reduce potential water quality impacts to a less than significant level. Prior to the issuance of building permits, the project applicant will also be required to satisfy City requirements related to the payment of fees and/or the provision of adequate wastewater facilities. All facilities will be designed, installed, and maintained to meet City standards to ensure wastewater- related water quality standards are not exceeded. A Water Quality Management Plan (WQMP) will also be prepared, and during the operation of the proposed warehouse-industrial buildings, the operator is required to adhere to these NPDES and City requirements. e IS 28 e- e CITY OF SAN BERNARDINO DEVELOPMENT SERVICES INITIAL STUDY VlIl.b V III. c VIII.d e VIII.e Therefore, with confonnance to the following mitigation measures, the level of significance will be reduced to less than significant: 5. Prior to issuance of grading pennits, the applicant shall prepare a Stonnwater Pollution Prevention Plan (SWPPP) and obtain a Notice of Intent (NOI) to comply with obtaining coverage under the National Pollutant Discharge Elimination System (NPDES) General Construction Stonn water Pennit from the State Water Resources Control Board. Evidence that this has been obtained (i.e. a copy of the Waste Discharger's Identification Number) shall be submitted to the City for coverage under the NPDES General Construction Penn it. 6. Prior to issuance of building pennits, the applicant shall submit to the City Engineer for approval, a Water Quality Management Plan (WQMP), including a project description and identifying best Management Practices (BMPs) that will be used on-site to reduce pollutants into the stonn drain system to the maximum extent practicable. The project area is served by existing water lines which will serve the proposed warehouse- industrial buildings. Private wells are not proposed, and the project will not use or deplete groundwater supplies. Due to the inclusion of penneable landscape areas, the proposed project will allow some groundwater recharge. The soils at the site are primarily in group "An, which is the most pervious on a scale from A to D. Although, the proposed project will reduce existing absorption rates because of the installation of impervious surfaces, the impacts are considered to be less than significant. The project does not involve either on-site or off-site improvements that would significantly change existing drainage patterns. Both Cable Creek and Devil Creek are channelized drainage systems of the San Bernardino County Flood Control District, and their drainage patterns are already detennined and restricted. The onsite flow will continue to be directed in a southwest direction at an average gradient of less than 3 percent into one or more drainage inlets installed to filter and control the sediment, silt, debris, trash, oils, and grease prior to release into the flood control channels. Some existing areas immediately adjacent to the street, including parkway areas within the public right-of-way currently drain toward the street, so there will not be a substantial change in drainage patterns. None of the proposed drainage is sufficient to substantially alter the existing drainage patterns, or result in substantial erosion or siltration. Thus, there are no impacts related to substantial alteration of patterns or erosion. The project does not involve either on-site or off-site improvements that would change existing drainage patterns in a manner that would result in flooding on- or off-site. Due to construction of the proposed warehouse-industrial buildings, and parking and driveway areas, the only remaining penneable areas will be landscape areas that will comprise approximately 1.57 acres of the 1O.33-acre site. Therefore, the amount of run-off will be increased but not to the extent that will result in flooding, and any impacts will be less than significant. Development of the project will maintain the existing, natural drainage pattern in which stonn flows currently run-off southwest toward Devil Creek Channel. With development, project drainage will be collected at the southwest comer of the site, and dropped into an inlet. From this inlet the flows will be passed through a two stage filtration system before entering Devil IS 29 e- CITY OF SAN BERNARDINO DEVELOPMENT SERVICES INITIAL STUDY e V lll. f VlII.g VIII.h V III. i e VIII.j Creek Channel. Devil Creek Channel is a lined channel that has been improved to accommodate drainage in its basin and in the vicinity of the project area. As such, storm flows from the proposed project will not exceed that anticipated by the existing capacity in Devil Creek Channel. Since the proposed project is greater than 1.0 acre in size, it requires an NPDES permit and preparation of a Storm Water Pollution Prevention Plan (SWPPP) is also required. Adherence to measures included in the SWPPP will reduce potential water quality impacts to a less than significant level. Prior to the issuance of building permits, the project applicant will also be required to satisfy City requirements related to the payment of fees and/or the provision of adequate wastewater facilities. All facilities will be designed, installed, and maintained to meet City standards to ensure wastewater-related water quality standards are not exceeded. A Water Quality Management Plan (WQMP) will also be prepared, and during the operation of the proposed warehouse-industrial buildings, the operator is required to adhere to these WQMP and City requirements, and any impacts will be less than significant. The proposed project is greater than 1.0 acre in size, and requires an NPDES permit, preparation of a SWPPP, and a WQMP for operation of the warehouse-industrial buildings, Prior to the issuance of building permits, the project applicant will also be required to satisfy City requirements related to the payment of fees and/or the provision of adequate wastewater facilities. All facilities will be designed, installed, and maintained to meet City standards to ensure wastewater-related water quality standards are not exceeded. Therefore, no significant impact which will substantially degrade water quality will occur. The proposed project is the subdivision of one industrial parcel into two industrial parcels, and the construction of two warehouse-industrial buildings. No housing is proposed, and there is no . impact. The proposed project site is located outside any lOa-year flood plain as identified in Figure 62 of the General Plan and the Federal Emergency Management Agency Flood Insurance Rate Map, Community Panel Number 06071C7940F, dated March 18, 1996. Although the site is located adjacent to Cable Creek Channel and Devil Creek Channel, the lOa-year flood-plain is confined to those channels. under the jurisdiction of the San Bernardino County Flood Control District. Therefore, the proposed project will not result in placing structures that would impede or redirect flood flows, and there will be no impact. The proposed project site is located outside any lOa-year flood plain as identified in Figure 62 of the General Plan and the Federal Emergency Management Agency Flood Insurance Rate Map, Community Panel Number 06071C7940F, dated March 18, 1996. Although the site is located adjacent to Cable Creek Channel and Devil Creek Channel, the lOa-year flo()d-plain is confined to those channels, under the jurisdiction of the San Bernardino County Flood Control District. Since there are no dams in the vicinity of the project site, and there will be no impacts that will expose people or structures to a significant risk of loss, injury, or death involving flooding as a result of this development. The proposed project site is located more than 60 miles from the Pacific Ocean, and there are no adjacent ponds, lakes, or reservoirs. Thus, there is no potential for or impacts from tsunamis or IS 30 e- e e CITY OF SAN BERNARDINO DEVELOPMENT SERVICES INITIAL STUDY seiches. The site is generally flat and not in close enough proximity to mountainous areas from which mudflows could reasonably be expected to enter the site, particularly since the adjacent Cable and Devil Creeks are channelized and the project site is outside any I DO-year flood plain as identified in Figure 62 of the General Plan and the Federal Emergency Management Agency Flood Insurance Rate Map, Community Panel Number 06071C7940F, dated March 18, 1996. Therefore, there is no impact related to seiche, tsunami, or mudflow. IS 31 CITY OF SAN BERNARDINO DEVELOPMENT SERVICES _- INITIAL STUDY Less Than Potentially Significant Less Than No Significant With Significant Impact Impact Mitigation Impact Incorporation IX. LAND USE AND PLANNING - Would the project: a) Physically divide an established community? 0 0 0 J:8J b) Contlict with any applicable land use plan, 0 0 0 J:8J policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c) Contlict with any applicable habitat 0 0 0 J:8J _ conservation plan or natural community conservation plan? d) Be developed within the Hillside Management 0 0 0 J:8J Overlay District? e) Be developed within Foothill Fire Zones A, B, 0 0 0 J:8J or C as identified in the City's General Plan? f) Be developed within the Airport Influence Area 0 0 0 J:8J as adopted by the San Bernardino International Airport Authority? g) Other: 0 0 0 0 Discussion: IX.a The proposed project site is an existing 10.3-acre parcel that is bounded by Industrial Parkway on one side, and by Cable Creek Channel and DevilCreek Channel on the other sides. The area immediately surrounding the vicinity is composed of other industrial parcels ranging in size from about five acres to about 22 acres. The larger vicinity, within about 1,000 feet and located between the 1-215 Freeway and the railroad corridor adjacent to Cajon Boulevard, includes industrial and commercial parcels that average approximately 6.9 acres each in size. Thus the project site is comparable in size to neighboring parcels and does not physically divide the vicinity. The vicinity is located between the 1-215 Freeway on the northeast, and the railroad corridor on the southwest, barriers which establish the community, in which the project sitr is consistent in size and zoning with the character of that community. _ IS 32 e- IXb lX.c lX.d e CITY OF SAN BERNARDINO DEVELOPMENT SERVICES INITIAL STUDY The proposed project will result in the development of a 1O.3-acre parcel subdivided into two lots in the lH - Industrial Heavy General Plan and Zone area. The site is outside the Biological Resource Management Overlay as shown on Figure 41 of the General Plan. Development Code Section 19.08.030 General Standard l.A provides that lots in that zone contain at least 40,000 square feet. The smallest parcel proposed is 3.6 acres, well above the minimum size. The proposed project also consists of construction of two warehouse-industrial buildings containing 138,078 square feet and 49,616 square feet, on lots containing approximately 157,000 square feet and 293,000 square feet respectively, with a resulting coverage of about 32 percent and 47 percent respectively. whereas Section 19.08.030 General Standard 1.A allows a coverage of up to 75 percent. Furthermore, the improvements are subject to the Development Permit process that ensures that development conforms to City codes and standards. Thus, there is no impact on land use plans or zones. The proposed project site is not located within an adopted Habitat Conservation'Plan or Natural Community Conservation Plan area. Thus, there is no impact associated with this issue. The proposed project site is a relatively flat land form with no steeply sloped areas, and with an average grade of approximately 2.9 percent sloping down to the southeast. The project site is not located in or near the foothill area referenced in Section 19.17.030 of the Development Code as being applicable for the Hillside Management Overlay District (HMOD), nor does it contain slopes in excess of fifteen percent. Thus, there will be no impacts related to these issues. (See also: VLi) IX.e The proposed project site is located southwest of Kendall Drive and the 1-215 Freeway, outside the mapped Fire Hazard Area shown on Figure 61 of the General Plan. Therefore the proposed project will not expose people or structures to a significant risk of loss, injury or death involving wildland fires, and there is no impact. (See also: VILg) IX.f The proposed project site is located approximately eight miles northwest of the San Bernardino International Airport, outside of that airport's Airport Influence Area. Thus, there is no impact. (See also: VILe) e IS 33 -- CITY OF SAN BERNARDINO DEVELOPMENT SERVICES INITIAL STUDY Less Than Potentially Significant Less Than 1'0 Significant With Significant Impact Impact Mitigation Impact Incorporation X. MINERAL RESOURCES - Would the project: a) Result in the loss of availability of a known D D D 1ZI mineral resource that would be of value to the region and the residents of the state? b) Result in the loss of a locally-important mineral D D D 1ZI resource recovery site delineated on a local general plan. specific plan or other land use plan'.' c) Be located in a Mineral Resource Zone as D D D 1ZI adopted by the State Mining and Geology Board and identified in the City's General Plan? ,eDiScussion: X.a-c The only mineral resource referenced in the General Plan is construction aggregate, generally described as sand and gravel. The proposed project site is located outside of areas mapped as being Regionally Significant Construction Aggregate Sectors, shown on Figure 42 of the General Plan. Therefore, development of the proposed project site will not result in the availability or loss of construction aggregate, and there will be no impact. e IS 34 e- CITY OF SAN BERNARDINO DEVELOPMENT SERVICES INITIAL STUDY XI. NOISE - Would the project result in: e a) Exposure of persons to or generation of noise levels in excess of standards established in the Cit) 's General Plan or Development Code, or applicable standards of other agencies? b) Exposure of persons to or generation of excessive groundborne vibration or groundbourne noise levels? c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? e) For a proj ect located within an airport land use plan or Airport Influence Area, would the project expose people residing or working in the project area to excessive noise levels0 i) Other: Discussion: XI.a e Less Than Potentially Significant Less Than No Significant With Significant Impact Impact Mitigation Impact Incorporation D D ~ D D D ~ D D D ~ D D D ~ D D D D ~ D D D D The subdivision aspect of the proposed project relates to property ownership patterns within an industrial zone, and there is no impact. The proposed project will also consist of two warehouses located within the IH zone, and are likely to generate noise levels consistent with warehouse and industrial uses in the immediate vicinity. As shown on Figure 56 of the General Plan, industrial uses may be considered compatible with community noise environments, in this case, an industrially zoned industrial park, when buildings are of normal, conventional construction without special noise insulation. General Standard 15 of Development Code Section 19.20.030 provides that no loudspeaker, bells, gongs, buzzers, mechanical equipment or other sounds, attention-attracting, or communication device associated with any use shall be discernible beyond any boundary line of the parcel, except fire protection devices, burglar alarms and church bells. All development must comply with this standard. For these reasons, any noise impacts related to the generation of noise in excess of standards, and the exposure of persons to such noise, are less than significant. ' IS 35 e- CITY OF SAN BERNARDINO DEVELOPMENT SERVICES INITIAL STUDY eXLe e XLb XI.c XI.d Any groundbome vibration would be limited to temporary construction aCl1vll1es for the proposed buildings and site work. Any vibration would be temporary and intermittent, and would occur during normal daytime working hours, and would be less than significant. The proposed project would include normal operation of two warehouses, along with resultant truck traffic. As such, there would be a minor increase in ambient noise. However, the project location is within a redevelopment area industrial park, adjacent to other industrial and warehouse uses, and between the 1-215 Freeway and the Cajon Boulevard railroad corridor. Per the General Plan, those transportation corridors result in higher ambient noise levels. These noise levels are likely to be higher than those generated by the proposed project, and any impacts .from the project are likely to be less than significant. Site preparation and construction of the proposed project is likely to temporarily increase ambient noise levels. The increase would be temporary and intermittent, and would occur during normal daytime working hours. Therefore, any impacts from the project are likely to be less than significant. The proposed project site is not located within an airport land use plan or Airport Influence Area. Th~ closest airport is the Rialto Municipal Airport, located approximately 4.5 miles southwest of the project site. The San Bernardino International Airport is located approximately eight miles southeast of the project site. Noise contours exceeding the 65 CNEL level, as shown on the Rialto Municipal Airport Final Comprehensive Land Use Plan, do not extend to the vicinity of the project site, and there is no impact. IS 36. e- CITY OF SAN BERNARDINO DEVELOPMENT SERVICES INITIAL STUDY Potentially Significant Impact Less Than Significant With Mitigation Incorporation Less Than Significant Impact No Impact XII. POPULA nON AND HOUSING - Would the project: a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for . example, through extension of roads or other infrastructure)? o o o o b) Remove existing housing and displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? o o o o c) Other: o o o o e Discussion: Xll.a The proposed project site is located in an area that already contains all necessary infrastructure improvements, and is generally surrounded by other industrial development. Although the proposed project will provide some employment, the development of two warehouse-industrial buildings would not be considered as providing employment for substantial numbers of persons. Moreover, the California State Employment Development Department reported an unemployment rate of 6.9 percent for the City of San Bernardino during the most recently reported period, November 2004, compared with 5.6 percent for the state. Therefore, a reasonable inference is that the additional employment resulting from businesses locating at the project site will tend to absorb existing unemployed persons rather than induce substantial numbers of new persons into the area, and there will be no impact related to this issue; XII.b The proposed project site is undeveloped, and does not contain any housing. Thus, there will no impact on the removal of existing housing or displacement of substantial numbers of people. e IS 37 CITY OF SAN BERNARDINO DEVELOPMENT SERVICES _- INITIAL STUDY Less Than Potentially Significant Less Than No Significant With Signiticant Impact Impact Mitigation Impact Incorporation XIII. PUBLIC SERVICES a) Would the project result in substantial adverse 0 0 ~ 0 physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Fire protection, including medical aid? 0 ~ 0 0 Police protection? 0 0 ~ 0 _ Schools? 0 0 ~ 0 Parks or other recreational facilities? 0 0 0 ~ Other governmental services? 0 0 ~ 0 b) Other: 0 0 0 0 Discussion: X rII.a New or altered governmental facilities: San Bernardino is a mature city with a 2000 Census population of about 185,000, located in a county roughly ten times that size. As such, the City and the County have developed a wide range of governmental facilities and services since their beginnings in the 1800s. As stated in detail below, and in general terms, the addition of two warehouses is not likely to have an impact on governmental facilities. _ Fire and medical aid facilities: Fire prevention, fire protection, and emergency medical assistance in the City of San Bernardino are provided by the San Bernardino Fire Department (SBFD). Construction of the proposed project will generate additional need for fire protection and emergency medical aid from the Verdemont Fire Station #12 located at 6065 N. Palm Avenue. The proposed project will generate additional service demand on the Verdemont Fire Station, impacting the ability of the Fire Department to meet the Emergency Service Delivery Management and Planning Standards adopted by the Mayor and Common Council of the City of San Bernardino, including a 5-minute response time to 90% of all service calls. This constitutes a potentially significant adverse impact, due to the need for new or physically altered facilities required to maintain acceptable service ratios, response times and other performance objectives for fire protection service from the Verdemont Fire Station. This impact is potentially signific~t, and must be mitigated, as follows: IS 38 e- e e CITY OF SAN BERNARDINO DEVELOPMENT SERVICES INITIAL STUDY 7. Prior to issuance of building pennits, the applicant shall participate on a fair-share basis in funding the continued operation and maintenance of the Verdemont Fire Station. A one-time fair-share contribution equivalent to the Community Facilities District No. 1033 "in-lieu fee" established by Resolution No. 2004-107 of the Mayor and Common Council will mitigate the long-tenn impact of the project on emergency services of the Fire Department. As an alternative, an irrevocable agreement to annex the project site to Community Facilities District No. 1033 would satisfy this obligation. Jobs created.by the proposed project are not expected to induce substantial growth, and any growth would be dispersed throughout the City service areas. As such, any additional demand on medical aid and hospital services resulting from this increase is likely to be less than signi ficant. Police protection facilities: Additional police protection is not required as the addition of the proposed project will not change the pattern of uses within the surrounding area, and will not result in a substantial increase in property to be patrolled since the project site is within an area that is already developed with industrial uses. Schools: The proposed project is an industrial use, and will be required to pay school fees as prescribed by State law prior to the issuance of building pennits. No impacts are anticipated. Parks and recreation facilities: The proposed project is a warehouse facility. However, no tenant has been proposed, so the number of employees cannot be detennined. Typically, new uses such as. and of the same size as the proposed use, could generate a maximum of about 197 jobs (based on the discussion in the Project Description), including warehouse employees and drivers working in shifts. The City of San Bernardino has been considered to be housing rich with employees having to travel out of the area to work. Recently, warehouse and other industrial uses have begun to be developed in the region such that local residents are now able to commute shorter distances to work. The proposed project would likely draw from the local and nearby employment base for most of its workers. Therefore, the project should not induce substantial population growth that would increase the use of parks in the area or in the region, and there is no impact related to this issue. Other governmental services: As stated in above, the addition of two warehouses is not likely to have an impact on governmental services in a mature city and county of this size. IS 39 CITY OF SAN BERNARDINO DEVELOPMENT SERVICES _- INITIAL STUDY Less Than Potentially Significant Less Than No Significant With Significant Impact Impact Mitigation Impact Incorporation XIV. RECREATION a) Would the project increase the use of existing 0 0 0 l8:J neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? b) Does the project include recreational facilities 0 0 0 l8:J or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? c) Other: 0 0 0 0 Discussion: _ XIV.a The proposed project is a warehouse facility. However, no tenant has been proposed, so the number of employees cannot be determined. Typically, new uses such as, and of the same size as the proposed use, could generate a maximum of about 197 jobs (as discussed in the Project Description), including warehouse employees and drivers. The City of San Bernardino has been considered to be housing rich with employees having to travel out of the area to work. Recently, warehouse and other industrial uses have begun to be developed in the region such that local residents are now able to commute shorter distances to work. The proposed project would likely draw from the local and nearby employment base for most of its workers. Therefore, the project should not induce substantial population growth that would increase the use of parks in the area or in the region, and there is no impact related to this issue. XIV.b The proposed project does not include any recreational facilities or require the construction or expansion of existing facilities. As stated in XIV.a, the project should not induce substantial population growth such that increased use of recreational facilities would OCCUt. and there is no impat:t related to this issue. _ IS 40 CITY OF SAN BERNARDINO DEVELOPMENT SERVICES _- INITIAL STUDY Less Than Potentially Significant Less Than No Significant With Significant Impact Impact Mitigation Impact Incorporation XV. TRANSPORT A TIONrrRAFFIC - Would the project: a) Cause an increase in traffic which is substantial 0 rg] 0 0 in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips. the volume to capacity ratio on roads, or congestion at intersections)? b) Exceed. either individually or cumulatively. a 0 rg] 0 0 level of service standard established by the county congestion management agency for designated roads or highways? _ c) Result in a change in air traffic patterns, 0 0 0 rg] including either an increase in traffic levels or a change in location that results in substantial safety risks? d) Substantially increase hazards due to a design 0 0 0 rg] feature (e.g., sharp curves or dangerous . intersections) or incompatible uses (e.g., farm equipment)? e) Result in inadequate emergency access? 0 0 0 rg] 0 Result in inadequate parking capacity? 0 0 0 rg] g) Conflict with adopted policies, plans, or 0 0 0 rg] programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? h) Other: 0 0 0 0 Discussion: aXV.ab The proposed project would result in construction of two warehouses. Based on the Institute of ,., Transportation Engineers Trip Generation Manual (7'h Edition, 2003) and the City of Fontana, Truck Trip Generation Study, August 2003. The City concurs with the Revised Traffic Study for "Vic-Vin" Warehouse, which identifies the total number of trips for the project is estimated to'be IS 41 e- CITY OF SAN BERNARDINO DEVELOPMENT SERVICES INITIAL STUDY e eXV.d XV.c 1,197 trips per day in Passenger Car Equivalent's (PCE's) with 108 AM Trips and 113 PM Trips. Although there is office space, it is ancillary to the warehousing operations and would be part of that land use rather than a stand alone office building with different land use characteristics. Based on preliminary information provided by City engineering, the surrounding streets, Industrial Parkway, University Parkway on the south, and Palm Avenue on the north generally operate at Level of Service (LOS) C or above during normal hours. The impact fee for the estimated Traffic Systems Fee shall be 523,437.26 based on the 1,197 trips at 519.58/trip. The project traffic report identifies the total new growth traffic (future minus existing) at each study intersection and the percentage of new growth traffic that is associated with this project. This percentage is the basis for the project's fair share contributions toward future improvements . needed to mitigate future traffic impacts. The project will be required to make fair share contributions towards Capital Improvement Projects. The project will be conditioned to contribute $454,450.00 as a fair share contribution toward future circulation improvements needed to mitigate future traffic impacts. Therefore, the following mitigation measure will be imposed to reduce Transportation/Traffic impacts to a level below significance: 8. Prior to issuance of a building permit, the project proponent shall submit payment to the City Engineer for fair share contribution for the following improvements in the amounts as indicated: Improvement Percentage Fair Share 1. Palm Avenue at Northbound 1-215 Ramps: 3.4% of $500,000 $17,000.00 2. Palm Avenue at Southbound 1-215 Ramps: 4.4% of$350,000 515,400.00 3. Palm Avenue/Industrial Parkway Signal: 4.5% of$250,000 $11,250.00 4. Palm Avenue Widening (2 to 4 lanes) and 4.6% of $760,000 $34,960.00 Industrial Parkway to 1-215: 5. University Parkway at 1-215 Interchange: 3.0% of$9,000,000 $270,000.00 6. University Parkway/BSNF Grade Separation: 4.5% of$2,352,000 $105,840.00 Total $454,450.00 The proposed project site is located outside the Airport Influence Area as adopted by the San Bernardino International Airport Authority, and outside the Federal Aviation Regulations Part 77 Imaginary Surfaces for the Rialto Airport, as shown on its Airport Land Use Plan published by the County of San Bernardino. Thus, there will be no impact to air traffic patterns from the proposed project. The' project proposes two warehouse-industrial buildings on two lots that front onto Industrial Parkway. Industrial Parkway was constructed to serve the surrounding industrial park, and th,ere are no sharp curves. There are no intersections abutting the proposed project site. A line of sight IS42 e- e e CITY OF SAN BERNARDINO DEVELOPMENT SERVICES INITIAL STUDY analysis was conducted at the project driveways to ensure that adequate comer and stopping sight distance is provided. The line of sight was analyzed for both passenger cars and large trucks using the sight distance criteria and methodology provided by the City. A sight distance triangle was established to ensure visibility at the driveways. The buildings are outside of the sight distance triangle and the landscaping within the triangle accommodates the line of sight. The project is designed to accommodate truck traffic on internal driveways. Therefore, there will be no impacts related to increased hazards resulting from a design feature. XV.e Emergency access to the proposed project site will be by way of three driveways from Industrial Parkway. The proposed design provides for driveways around the side and rear walls of the two proposed buildings. These driveways will be at least 26 feet wide to accommodate emergency vehicles. Fire access gates will be provided so that fire vehicles will have access around all sides of the buildings. The fronts of the buildings are proximate to Industrial Parkway, which allows street access. The design, construction, and maintenance of driveways, gates, and facilities will be subject to ordinary requirements of City and emergency service providers. XV.f For parking purposes, the proposed project consists of one warehouse building (A) with 49,616 square feet, and a second such building (B) with 138,078 square feet. Plans show that 3,000 square feet in the smaller Building A will be office area, with the remaining 46,616 square feet devoted to warehouse use. For the larger Building B, the corresponding numbers are 6,500 square feet of office space and 131,578 square feet devoted to warehouse use. The number of parking spaces required under Section 19.24.040 of the Development Code is identified in the following table as well as the number of spaces to be provided. The table shows that the proposed project provides more parking than required. Therefore, the proposed project will not result in inadequate parking capacity, and there is no impact. I Office Required Whse Required Total Total I SF Parking SF Parking Required Provided Building A 3,000 12 46,616 47 59 74 Building B 6,500 26 131,578 106 132 154 XV.g Road and transportation infrastructure has already been constructed in the VICInIty to accommodate the development of the industrial park in which the proposed project site is located. The proposed project will comply with all City development policies and standards supporting alternative modes of transportation. Thus, there will be no impact related to this Issue. IS 43 IS 44 e- CITY OF SAN BERNARDINO DEVELOPMENT SERVICES INITIAL STUDY Discussion: XVLa The proposed project is designed to be connected to existing water and sewer systems. During construction, waste discharges will potentially include discharges of stormwater and sediment. However, a construction project resulting in the disturbance of 1.0 acre or more requires an NPDES permit, and preparation of a Storm Water Pollution Prevention Plan (SWPPP) is required of the project proponent. Adherence to measures included in the SWPPP will reduce potential water quality impacts to a less than significant level. Prior to the issuance of building permits, the project applicant will also be required to satisfy City requirements related to the payment of fees and/or the provision of adequate wastewater facilities. All facilities will be designed, installed, and maintained to meet City standards to ensure wastewater-related water quality standards are not exceeded. A Water Quality Management Plan (WQMP) will also be prepared. an'd during the operation of the proposed warehouse-industrial buildings, the operator is required to adhere to these WQMP and City requirements. Therefore, adherence to applicable provisions of these programs and RWQCB requirements will reduce impacts associated with wastewater treatment requirements to less than significant. XVI.b The proposed project will receive water and wastewater services provided by the City of San Bernardino Municipal Water Department (SBMWD). The SBMWD provides water from wells which can be supplemented with filtered and treated stream water. The SBMWD accepts wastewater and treats it at the City's Water Reclamation Facility (WRP). The WRP has a design capacity of 33 million gallons per day (MGD). Current inflow to the WRP is approximately 26- 28 MGD, resulting in a surplus capacity of approximately 5-7 MGD. Water and wastewater lines. including fire hydrants exist within the street right-of-way adjacent to the proposed project site. The developer of the proposed project will be required to satisfy SBMWD requirements related to the payment of fees and/or the provision of adequate water/wastewater facilities, and all improvements are required to designed, installed. and maintained to meet SBMWD standards. Therefore, any impacts related to this issue will be less than significant. e XVLc The proposed design of the project calls for draining on-site stormwater run-off into the Devil Creek Channel by way of an on-site filter and a 30-inch pipe. The channel is lined, and drainage from the proposed project will not substantially alter its capacity. Nor is the proposed drainage likely to necessitate altering the channel except at the proposed pipe outflow point. The channel is owned by the San Bernardino County Flood Control District (SBCFCD), and maintained by the United States Army Corps of Engineers (US ACE). An encroachment permit from the SBCFCD will be required, with review by the US ACE. . Adherence to design and permit requirements of the SBCFCD and the USACE will reduce impacts associated with this issue to less than significant. e XVLd The SBWMD is able to provide water to the proposed project using existing capacities and supplies. For purposes of Section 10910-10912 of the California Water Code, the proposed project is not large enough to be defined as a project per Section 10912(a), and further investigation and a water supply assessment is not required. However, as part of the development process, the developer of the proposed project is required to satisfy City requirements related to payment of fees and/or the provision of adequate water facilities, and 'for IS 45 e- e e CITY OF SAN BERNARDINO DEVELOPMENT SERVICES INITIAL STUDY the design, installation, and maintenance of facilities to meet water supply standards. Adherence to these requirements will reduce potential impacts associated with this issue to a less than significant level. XVLe The proposed project will receive wastewater services provided by the City of San Bernardino Municipal Water Department (SBMWD). The SBMWD accepts wastewater and treats it at the City's Water Reclamation Facility (WRP), which has'a design capacity of 33 million gallons per day (MGD). Current inflow to the WRP is approximately 26-28 MGD, resulting in a surplus capacity of approximately 5-7 MGD. Wastewater lines exist within the street right-of-way adjacent to the proposed project site. The developer of the proposed project will be required to satisfy SBMWD requirements related to the payment of fees and/or the provision of adequate wastewater facilities, and all improvements are required to designed, installed, and maintained to meet SBMWD standards. Therefore, any impacts related to this issue will be less than significant. XVI.f and g The proposed industrial warehouse and office project is likely to generate solid waste that consists of packing materials and related waste ordinarily generated by a warehouse, as well as solid waste associated with office uses. These wastes would be disposed of at one of three regional landfills in the general vicinity operated by the County of San Bernardino. The landfills are located in Redlands, Colton, and Rialto, with the Mid-Valley Landfill in Rialto being the closest. The Mid-Valley Landfill has been expanded to accommodate growth for an additional 35 years. In the normal course of operation, the proposed project will be required to comply with existing regulations pertaining to solid waste, including any required recycling programs. Thus, the proposed project will have a less than significant impact related to this issue. XVl.h All necessary utilities (water, sewer, electricity, and telephone) are present within the adjacent Industrial Parkway right-of-way, and the proposed project will not result in a disjointed pattern of utility extensions. Per the General Plan, the utility providers have indicated an ability to provide service to new developments. Thus, the proposed project will have no impact. IS 46 CITY OF SAN BERNARDINO DEVELOPMENT SERVICES _- INITIAL STUDY Potentially Less Than Less Than No Significant Significant Significant Impact Impact With Impact Mitigation Incorporation XVII. MANDATORY FINDINGS OF SIGNIFICANCE a) Does the project have the potential to degrade 0 0 0 ~ the quality of the environment. substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of major periods of California history or prehistory? _ b) Does the project have impacts that are 0 ~ 0 0 individually limited, but cumulatively considerable~ ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects.) c) Does the project have environmental effects 0 ~ 0 0 which will cause substantial adverse effects on human beings, either directly or indirectly? Discussion: XVIJ.a The proposed project site is surrounded by developed industrial park uses. The site is outside the Biological Resources Management Overlay, and De Minimis Impact Findings have already been made for this and an immediately adjacent site that there was no evidence that there would be the potential for adverse effects on sensitive wildlife or viable sensitive wildlife habitat. The site does not contain structures or culturally significant features that would be eliminated by development of the proposed project. XVll.b-c While the proposed project may have short term air quality impacts during construction, the _ project is primarily an infill warehouse project located in an established industrial park area with ., full public improvements. Thus, there would be no long term significant impacts that would not be mitigated. IS 47 -- CITY OF SAN BERNARDINO DEVELOPMENT SERVICES INITIAL STUDY REFERENCES. The following references cited in the Initial Study are on file in the Development Services Department. City of San Bernardino General Plan City of San Bernardino General Plan Land Use Plan/Zoning Districts Map City of San Bernardino Development Code (Title 19 of the San Bernardino Municipal Code) City of San Bernardino Historic Resources Reconnaissance Survey 5. Alquist-Priolo Earthquake Fault Zones Map 6. South Coast Air Quality Management District, CEQA Air Quality Handbook 7. Federal Emergency Management Agency, Flood Insurance Rate Maps 8. Public Works Standard Requirements - Water 9. Pl!blic Works Standard Requirements - Grading 10. Rialto Municipal Airport Final Comprehensive Land Use Plan 11. Draft Hydrology Study for Industrial Parkway and Tentative Parcel Map No. 17052, April 4, 2005 12. Vic- Vin Enterprises, LLC Traffic Impact Analysis (revised) by Kunzman Associates, October 19, 2005 1. 2. , J. -l. e e IS 48 e- CITY OF SAN BERNARDINO DEVELOPMENT SERVICES INITIAL STUDY MITIGATION MEASURES. Air Ouality 1. The site shall be treated with water a minimum of twice per day to reduce PMIO emissions. 2. Driveways into the site shall be wet swept as needed to reduce PMIO emissions associated with vehicle tracking of soil off-site. 3. Grading operations shall be suspended when wind speeds exceed gusts of 25 mph to minimize PMIO emissions. 4. On-site construction traffic speed shall be limited to 15 mph on unpaved surfaces. Hvdrologv and Water Oualitv e 5. Prior to issuance of grading permits, the applicant shall prepare a Stormwater Pollution Prevention Plan (SWPPP) and obtain a Notice of Intent (N0l) to comply with obtaining coverage under the National Pollutant Discharge Elimination System (NPDES) General Construction Storm water Permit from the State Water Resources Control Board. Evidence that this has been obtained (i.e. a copy of the Waste Discharger's Identification Number) shall be submitted to the City for coverage under the NPDES General Construction Permit. 6. Prior to issuance of building permits, the applicant shall submit to the City Engineer for approval, a Water Quality Management Plan (WQMP), including a project description and identifying best Management Practices (BMPs) that will be used on-site to reduce pollutants into the storm drain system to the maximum extent practicable. Public Services 7. Participate, as required, in payment ofVerdemont Fire District Community Facilities District No. 1033 fees as either an annual tax or a one-time In-Lieu fee of $44,358.47 per acre for an Industrial Zone or as identified in City Ordinance No. MC-1184. T raffi cfT ransoortation 8. Prior to issuance of a building permit, the project proponent shall submit payment to the City Engineer for fair share contribution for the following improvements in the amounts as indicated: e Improvement Percentage Fair Share a. Palm Avenue at Northbound 1-215 Ramos: 3.4% of $500,000 $17,000.00 lb. Palm Avenue at Southbound 1-215 Ramos: 4.4% of$350,000 $15,400.00 c. Palm Avenue/Industrial Parkway Signal: 4.5% of$250,000 $11,250.00 d. Paltn Avenue Widening (2 to 4 lanes) and 4.6% of$760,000 $34,960.00 Industrial Parkway to 1-215: e. University Parkway at 1-215 Interchange: 3.0% of $9,000,000 $270,000.00 f. University Parkway/BSNF Grade Seoaration: 4.5% of$2,352,000 $105,840.00 . Total $454,450.00 IS 49 e- -e e CITY OF SAN BERNARDINO DEVELOPMENT SERVICES INITIAL STUDY IS 50 e- e e ATTACHMENT F TENTATIVE PARCEL MAP NO. 17052 & DEVELOPMENT PERMIT II NO. 04-54 MITIGATION MONITORING/REPORTING PLAN This Mitigation Monitoring and Reporting Program has been prepared to implement the mitigation measures outlined in the Initial Study for the Development Permit II No. 304-54. This program has been prepared in compliance with the California Environmental Quality Act (CEQA) and the State and City of San Bernardino CEQA Guidelines. CEQA Section 21081.6 requires adoption of a monitoring and/or reporting program for those measures or conditions imposed on a project to mitigate or avoid adverse effects on the environment. The law states that the monitoring or reporting program shall be designed to ensure compliance during project implementation. The Mitigation Monitoring and Reporting Plan contain the following elements: I. The mitigation measures are recorded with the action and procedure necessary to ensure compliance. The program lists the mitigation measures contained within the Initial Study. A procedure for compliance and verification has been outlined for each mandatory mitigation action. This procedure designates who will take action, what action will be taken and when, and to whom and when compliance will be reported. The program contains a separate Mitigation Monitoring and Compliance Record for each action. On each of these record sheets, the pertinent actions and dates will be logged, and copies of permits, correspondence or other data relevant will be retained by the City of San Bernardino. The program is designed to be flexible. As monitoring progresses, changes to compliance procedures may be necessary based upon recommendations by those responsible for the program. If changes are made. new monitoring compliance procedures and records will be developed and incorporated into the program. 2. 3. 4. The individual measures and accompanying monitoring/reporting actions follow. They are numbered in the same sequence as presented in the Initial Study. e. e Mitigation Monitoring and Reponing Plan TPM No. 17052 & DPII No. 04-54 Page 2 MITIGATION MEASURES III. AIR QUALITY The site shall be treated with water a mInImum of twice per day to reduce PMIO emissions. IMPLEMENTATION AND VERIFICATION Public Works/Field Engineering staff shall review this development project COMPLIANCE RECORD When Required: The verification shall be completed throughout construction. WRITTEN VERIFICATION PREPARED BY: DATE PREPARED: Driveways into the site shall be wet swept as needed to reduce PM 10 emissions associated with vehicle tracking of soil off-site. IMPLEMENTATION AND VERIFICATION Public Works/Field Engineering staff shall review this development project. COMPLIANCE RECORD When Required: The verification shall be completed throughout construction. WRITTEN VERIFICATION PREPARED BY: DATE PREPARED: Grading operations shall be suspended when wind speeds exceed gusts of25.mph to nlinimize PM 10 emissions. IMPLEMENTATION AND VERIFICATION Public Works/Field Engineering staff shall review this development project. COMPLIANCE RECORD e When Required: The verification shall be completed throughout the construction. e- e e Mitigation Monitoring and Reponing Plan TPM No. 17052 & DPlI No. 04-54 Page 3 WRITTEN VERIFICATION PREPARED BY: DATE PREPARED: On-site construction traffic speed shall be limited to 15 mph on unpaved surfaces. IMPLEMENTATION AND VERIFICATION Public Works/Field Engineering staff shall review this development project. COMPLIANCE RECORD When Required: The verification shall be completed throughout construction. WRITTEN VERIFICATION PREPARED BY: DATE PREPARED: e- e e Mitigation Monitoring and Reponing Plan TPM No. 17052 & DPlI No. 04-54 Page 4 VIII. HYDROLOGY AND WATER QUALITY Prior to issuance of grading permits, the applicant shall prepare a Stormwater Pollution Prevention Plan (SWPPP) and obtain a Notice of Intent (NO!) to comply with obtaining coverage under the National Pollutant Discharge Elimination System (NPDES) General Construclion Stoml water Permit from the State Water Resources Control Board. Evidence that this has been obtained (i.e. a copy of the Waste Discharger's Identification Number) shall be submitted to the City for coverage under the NPDES General Construction Permit. IMPLEMENTATION AND VERIFICATION Public WorkslNPDES staff shall review this development project. COMPLIANCE RECORD When Required: The verification shall be completed prior to issuance of grading permit. \VRITTEN VERIFICATION PREPARED BY: DATE PREPARED: Prior to issuance of building permits, the applicant shall submit to the City Engineer for approval, a Water Quality Management Plan (WQMP), including a project description and identifying best Management Practices (BMPs) that will be used on-site to reduce pollutants into the storm drain system to the maximum extent practicable. IMPLEMENTATION AND VERIFICATION Public WorkslNPDES staff shall review this development project. COMPLIANCE RECORD When Required: The veritication shall be completed prior to issuance of building permits. WRITTEN VERIFICATION PREPARED BY: DA TE PREPARED: e- e e Mitigation Monitoring and Reponing Plan TPM No. 17052 & DPII No. 04-54 Page 5 XIII. PUBLIC SERVICES Prior to issuance of building permits, the applicant shall participate on a fair-share basis in funding the continued operation and maintenance of the Verdemont Fire Station. A one-time fair-share contribution equivalent to the Community Facilities District No. 1033 "in-lieu fee" established by Resolution No. 2004-107 of the Mayor and Common Council will mitigate the long-term impact of the project on emergency services of the Fire Department. As an altemative. an irrevocable agreement to annex the project site to Cummunity Facilities District No. 1033 would satisfy this obligation. IMPLEMENTATION AND VERIFlCATIO~ Planning & Public Works staff shall review this development project. COMPLIANCE RECORD When Required: The verification shall be completed prior to issuance of building permits. WRITTEN VERIFICATION PREPARED BY: DATE PREPARED: e- e e xv . TRANSPORTATION/TRAFFIC Mitigation Monitoring and Reponing Plan TPM No. 17052 & DPII No. 04-54 Page 6 Prior to issuance of a building permit, the project proponent shall submit payment to the City Engineer for fair share contribution for the following improvements in the amounts as indicated: A Palm A venue al Nonhbound 1.215 Ramps R Palm A "<lllIe at Southbound 1-215 Ramps C Palm A venue/Industrial Parkway Signal D Palm A venue Widening and Industrial Parkway to 1-215 E University Parkway at 1-215 Interchange F Traffic Syslems Fee based on 1.197 trips L\IPLEME:'iTATlON AND VERIFICATION TOTAL 517.000.00 S 15.400.00 511,250.00 534,960.00 5164,157.00 524,418.80 $265,185.80 Public Works & Building & Safety staff shall review this development project. COMPLIANCE RECORD When Required: The verification shall be completed prior to issuance of building permits. WRITTEN VERIFICATION PREPARED BY: DATE PREPARED: Oct 05 06 03:09p City of San Bdno Dav Svcs 9093845988 EXHIBIT 3 CITY OF SAN BERNARDINO Development Services Department. Planning Division 300 North "0" Street, 3'" Floor San Bernardino, CA 92418 Phone (909) 384-5057 . Fax (909) 384-5080 Web address: v,'ww.sbciry.org APPLICATION FOR APPEAL APPEAL FROM A DECISION OF THE (check one) o Dc:velopment Services Director o DevelopmentlEnviromnental Review Committee iI Planning Commission Tentative parcel map no. 17052 and development permit II no. 04-54 Case number(s): Ol.. - l~ Project address: South side of Industrial Parkway between Cable Creek and Devil Creek Contact person's name: C ' addr 7700 Irvine Center Drive,' Suite ontacl person s ess: Contliet person's phone: (949) 727-0977 Contact person's e-mail address:rossbarry@aol.com 710, Irvine, CA 92618 Pursuant to Section 19.52.100 of the Development Code, an appeal must be filed on a City application form within 15 days following the fina] date of action, accompanied by the appropriate appeal filing fee. Appeals are normally scheduled for a determination by the Planning Commission or Mayor and Common Council within 30 days of the filing date of the appeal. You will be notified, in writing, of the specific date and time of the appeal hearing. OFFICE USE ONLY .~~~~~(;... . , ," 1 \1104 Oct 05 06 03:09p City of San Bdno Dev SVc& 9093845988 p.3 .QUlRED INFORMATION FOR A..~ APPEAL -r.'ecific action being appealed and the dale ofthat action: Planning Couunission meeting of October 3. 2006 imposing as a condition of approval the fire impact fee of $457.000. Specific grounds for the appeal: All p;rounds stated in the letter dated October 3. 2006 with attachments from Barry A. Ross to the Planning Commission and such additional grounds as may be presented to the City Council. Action sought: Elimination of the condition of approval imposing the Fire Impact Fee of $457.000. e Additional information: _ture of appellant: Date: October 10. 2006 for Vic-Vin Enterprises. LLC 2 I I Ill" e- e e BARRY A. Ross .A,Tl'OnNST AT L .~ VI' 770n Ilt.Vtlf8 Cl&NTICR. DUV& aUIU 710 iRVINI. QALlFOIUflA 926l$-Z9:29 949-727-0977 r~ 949'127-9927 rOlS.b.:ltry@aol.com October 3,2006 HAND DEUVERY Honorable Members ofthc Planning Commission for the City of San Bernardino 300 N. "D" Street San Bernardino, CA 92418 Re: Vic-Vin Industrial Development Project 10.3 Acre Parcel Dear Planning Commission Members: I represent Vie- Vin EntcIprises, LLC, ("Vic- Vin") in connection with its application for a tentative parcel map and development permit to construct two warehouse/industrial buildings on a I 0.3 acre part:ellocatcd south of Industrial Parkway between Palm Avenue and University Avenue in the City of San Bernardino. I am pleased that your staffis recommending approval of this project. I note that your staff is recommending certain conditions for this project. The conditions are all acceptable to Vic- Vin except for one, namely tht: "in lieu fee" of $457,000. This "in lieu fee" is objectionable for several reasons: . 1. The Commllllity Facilities District. The "in lieu fee" is based'upon what property owners lire required to pay to the City who are within the City's Commwrity Facilities District ("Disrrict") for a new fire station. The Vic-Vin project is not located within the District. Therefore, there is no basis for Vic-Vin to pay the fees that have been imposed on property owners within th.e District. Fluther, the properties within the District are required to pay for the cost of construction and maintenance of the fire station. Since the fire station is already constructed, any property owner outside the District should not be required to pay for the cost of consttilction of the fire station. Any such property owner should only be required to pay for !he cost. of maintenance of the fire station. The City is seeking to force Vie- Vin to pay for the cost of construction as well as maintenance, even !hough Vic- Vin does not own any property within the District. The City has presented no evidence that the fee e- e e Honorable Members of the Planning Commission for the City of San Bernardino . October 3, 2006 Page 2 imposed on property owners within the District is appropriate to property owners outside the District. . 2. Property Taxes Me Designed To Cover Police And Fire Expenses_ When a property owner pays property taxes to a City, the property taxes are designed to pay for police and fire services. It is inappropriate for a City to charge a property owner an additional fee for the privilege oflocatiDg its b~iness or building within a specified distance of any particular fire station or police station. This additional fee is an inappro priate charge. It bears emphasis that Vic- Vin has already paid or will pay for fire department review, fire department plan cheCk, fair share improvement, fire service, fire service laterals, fire sprinkler, flre alarm, fire hydIant, environmental health services, street improvement and mitigation monitoring. Vie-Vin is not complaining about any ofthese fees and costs. 3. Mitigation Fee Act. . The Mitigation Fcc Act codified in Gov. Code ~66000 requires that there be a "reasonable relationship" between the need for the public facility and the type of development project for which the fee is imposed. In addition, there must be a "reasonable relationship" between the amount of the fee and the cost of the portion of the public facility attributabLe to the project upon which the fee is imposed. There has been no evidence presented of any compliance by the City with these requirements. 4. The NoIlan-Dolan Test Established By The United States Supreme Court Has Not Been Satisfied. Under the Noilan-Dolan test, there must be a "reasonable relationship" between tbe monetary exaction and the publicimpact development, there must.be an "essential nexus" or relationship between the permit co:iufition and the public impact of the .proposed development and there must be "rough proportionality" between the magnitude of the physical exaction and the effects of the proposed development. None of these requirements have been satisfied by the City in this case. 5. Failure To Comply With A.B. 2751. On August 28, 2006, Governor Schwarzenenegger signed into law on Assembly Bil12 751. This law restlicts the ability of the City to impose the "in lieu fee" on Vic-Vin. _- Honorable Members of the plllnnil1g COlllII1ission for the City of San Bernardino October 3, 2006 Page 3 e _ 6. Communications With The City Attorney Have Been Unproductive. I havc attempted to communicate the specific concerns of Vic- Vin to the City Attorney in several letters. In response to my letters, the City Attorney responds with vague generalities, but with no evidence justifying the "in lieu feen of$457,000. I 8Il1 enclosing copies of my letters to the City Attorney dated August 1,2006, August 7,2006, September 1,2006 and September 19,2006. I am also enclosing a copy of my predecessor's letter to the City Attorney dated June IS, 2006. I am also enclosing letters from Mx:. Empefio of the City Attorney's office dated August 1, 2006 and August 24, 2006, as well as the most recent letter dated September 28, 2006 from Mary Ann Milligan of the City Attomey's.office. 1 request that all of these letters be included as part of the administrative record for this hearin&- A careful review of these letters will show that the City Attorney's office has not responded to the substance of my letters. The letters from the City Attomey~ s office can best be described as political opinions rather than legal opinions. The City would be well served by retaining independent counsel to review this matter and/or retainirlg an independent financial consultant to determine the proper amount for an "in lieu fee" in this circumstance. 7. Conclusion. Based on the foregoing; I requeSt thar the Planning Commission approve the tentative parcel map . and the development permit, subject to the conditions recommended by staff, with the exception of the "'in lieu fee" of$457,000. Alternatively, if the Planning C<:>mmission believes that the "in lieu fee" of $457,000 is appropriate,'the Planning Commission should adopt staff recommendation, s() that Vic- Vin may appeal the "in lieu fee" of $457,000 to the City Council. I , Thank you for your consideration. v cry truly yours, ~ Ir'~ BARRY A. ROSS BAR:es Enclosures cc: Kenneth Fields, Esq. Victor Di Pietro e- e e OFFICE OF THE. CITY ATTORNEY CITY OF SAN BERNARDINO . September 28, 2006 .JAMES F. PE.NMAN C'1T'r' A TTORIVIri" VIA FApIMIT-' AND U.s. :I\lAlL Mr. Bany A Ross Attorney at J,.p.w 7700 Irvine Cemer Drive, Suite 710 lrvine, CA 512618-29251 R.e: Vic-Vm l,,04l1strial Development Project 10.3 Acre Parcel DearMr. Ross: Thank you for your letter dated Sc:pteIimer ] 51, 2006 fof'lJlllldiDs AD 275L HoWllWl", the City's poIIition on the proposed uUtiption fee doca not ehaoge af\a- nM&nri ot1his BUl. In fiIct, tlIe Bm supports the City's position in that it states in relevant part that "A fie. BbaIl DOt iDClude the costs attnoutable to existing deficiilllcies in public facilities, but 11IllJ inclrIde the cOBtS almlndable to the increased demandjor publkjQcilities reasonab~ re~ 1D the dew1tJp1RBnt pro,;.ct I" an/o to. . . (2) achieve an adopted level qf .rvice thDI is consis',ent with the genBTal plDn. ft (See Gov't Code ~l(g)) (Emphasis addec1..) Furthermore, after reading your letter dated September I, 2006, it appeIrS that there may be S()Jl1e confusion regarding the proposed mitigation fee. The fee in queation is J!!2l an impact fee or exaction. The fee is imposed as a mitigation measure under CEQA hecause the development ill questicm woulcl geuntcI eeM" demands that wm:: not pn:acm piorlO tlIe development. The City is cw:rently Sllbsidizing the service demands in the VerdemoDt Areund as new deVelopmern is approved, those dl:velopments are reqUIred 10 mitipte tbe iocrease in semce demands by paying a fee that wu calculated to compenJate tbe City fDrtbe development's "fair share" for those services. Your client may opt to join the COImmuIiIy Facilities Distrlct an4i pay for their fair share offire servicea on an annual basis or lIS setfotth in the Mitigated Negative . Declaration, pay the one-time contribution equivall2lt to the C....nnnnity F8!illities Di5Uict "in- )i~&eD. . . A1. explained in previous correspondence, the area for the proposed development is in an area that is Clldrelllely fire prone and therefore tho requirement that a deYeIoper abare in the eost tbr fire protection is both reasonable and necessary as' that development incrwes tbe need for Neb semces. 300 NORTH 'C. STREET. SAN BERNARDINO, CA 9241a.oOOl . (909) 384-5365. FAX (909) 3S4-S238 e- e e --.-.-'- Pase2 R.e: VIC Vin Industrial DevelDpment Project . Septenlber 28, 2006 Ai you know, tbis proposed c1ewlopmellt Iw been as=diz.ed fix' b pl"nn~Commissloll meeting of October 3, 2006. If you would like to discuss this mattllr or bavc IrfJ IAditiDDal questions before 1hat date, please feel free to contIGt me at the numba' below. Sincerely, JAMES F. PENMAN. City Attorney ~~~~~~ MarWme MilliS- / Deputy City Anomey p:\MlLLloAN\Plomias\Vio. Viaa1lo&poas< 94U6.doo e- e e ( 1700 ill\'tHl (jINTU DatV" 9U1T.' 710 Il\Y1HI'1 OALll0,"1f1"\ 92618-2929 ~eptember 19, 2006 { / (). V It.. It! r (fi(( ISp BARRY A. Ross A "r ,1 0 R W ~ Y #- T L .\ W 949-127-0977 rAX 9~9'727'9927 TOSS barry@30}.GOm Via Facsimile 909-384-5238 and U.S. Mail Henry Empeiio, Jr., Sr. Deputy City Attorney . City of San Bernardino 300 N. "D" Street San BerIlIlrdino, CA 92418 Re: Vie-ViTI industrial Development Project 10.3 Acre Parcel Dear Mr. Empefio: Since you have not returned my telephone cali of last week, I am sending you this letter. I would appreciate a response to my letter dated September 1, 2006. There has been no response for almost three weeks! . On August 28, 2006, Governor Schwarzenegger signed into law Assembly Bill 275 I which . restricts the abilitY of the City of San Bernardino to impose the proposed "in. lieu fee" on Vic- Vin Enterprises, !nc. I am enclosing a copy of an analysis of AB275 1. I would appreciate your . thoughts on AB275 1. . Why is it taking so long for Vie- Vin Enterprises, Inc. project to be scheduled fol' consideration by the Planning Commission? Very t1uly yours, &MfA~ BARRY A. ROSS BAR:es Enclosure cc: Kenneth Fields, Esq. Victor Di Pietro .e~ e e ( ( FYI - A Closer Look: Assembly Bill 2751 On August 28th oftllis year, Governor Schwa...zenc:gger signediDto law Assembly Bill 2751 authored by Assembly Member Mark Wyland (R-Vistll)- Assembly Bill 2751 was a CBIA-sponsored bill introduced to further clar1.fy that cities and caunties may not . charge fees against new development" in order to cure existing deficiencies in public facilities. To this end, Assembly Bill 2751 codifies the CaJifomia.Appellate cOU11: holdings in Bixel Associates v. Ciry of Los Angeles (1989) 216 Col.App 3d 1208; Rohn v. City of Vis alia (1989) 214 Cal. App. 4th 214; andShapell Industries, Inc. v. Governing Board (1991) 1 Cal. App. 4th 218. holding that builders should DOt be required to shoulder the entire burden of financing public facilitieS fur all fulure or existing users. Those holdings and newly added Govemment Code section 66001 (g) 'noyi make it clear that while new development may necessitate the need for new 1icilities ao.d the need to refJl'blsh older facilities, new development need only pay its pmportionate share of the costs for those facilities. Furthermore, amendments taken in the Senate limit the ability of local' governments to charge fees <!-gainst new development to adlieve level of service (LOS) standards to those situations where the service levels ha1c beel;1 adopted and are consistent with the general plan. The'intent here is to stem the practice in sor;ne jurisdictions of basing updated fees all ad hoc LOS standards. To most, the principles. embodied in Assembly Bill 2751 seem. fair and equitable. Some local government officials though -- particularly those charged with establishing file "nexus" studies -- believed previously that the law gave them a blank: check to rlP.m~nn that builders .finance both new facilities and cure all deficiencies in existing facilities. Assembly Bill 2751 says in a straight for:ward way that such actions will not be tolerated. Assembly Bill 2751 can . . be fCllmd at Chapter 194, Statutes of2006. e-' e e ( BAl\.il}" A. Ross' ... T T O'J. KEY A. T LA lI' HOG UlVINZ Q.INTU. DUJ""S SUITS '110 tI\VlJlS,' CA.l.J,aUIJ. 92!ilS-:!929 949-1:21-0971 tA3C 949-72,'99:11 rOB. bAt'ry@aoJ.C!om September.l,2006 Via Facsimile 909-384-5238 and U.S. Mail Henry Empefio, Jr., Sr. Deputy City Attorney City of San Bernardino 300 1'l. "D" Street. San Bernardino, CA 924] 8 Re: Vic- Vin Industrial Development Project 10J Acre Parcel Dear Mr. Empe.fto: I e~oyed' meeting you OIl August 24,2006. I am glad we had an opportunity to get acquaiJ"lted with each other. I am in receipt of your letter dated August 24,2006. I believe that your letter, as well as your previous letter dated August I, 2006 to Mr. Johu M. Bowman, miss tl).e target oftbis dispute L'l that neither of your letters respond to the i~sue of the appropriateness and reasonableness orthe. proposed "in lieu fee" of $457,000. 1. THE COMMUNITY FACILITIES DISTRlCT The City's Community Facilities District was created tmder the MeIlo- Roos Coml11lmity Facilities Act of 1982 codified in GOY. Code ~ 53311 at seq. According to this Act, a public agency is entitled to impose a special tax on property owners wi thin lhe district iIl order to pay for the co'st of a public facility. The Act defines "cost" broadly to include "the expense of constructing or ptl1'c~asing the p]lblic facility arid of related land, right ofwey easements, including incidentaJ expenses and the; co~t of providing authorized services including incidental expenses." Gov. Code ~ 53317(0). The special tax to be imposed to pay for the cost of the facility is to be "sufficient. to Pay for all facilities' and services." Gov. Code ~ 5332l(d). The new facility is to be funded by the special ta.x imposed on the affected property owners within the district. Gov. Code 9 53325.l(a)(2). . e- e e ( ( He~ Empelio, Jr., Sr. Deputy Cio/ Attorney City of San Bernardino . , September 1" 2006 Page 2 Accol'dingJo the City's records"tbe special tax created by the CommLlIlity Facilities District was to provide fuiJ.ds for on-going "operation and maintenance" of the Verdemont Fire Station ("Fire Siatioa"). The Fire Station is currently in existence. . . , . My understanding is that the proposed "in lieu" fee of $457,000 that the City wishes to impose on my client Vic-VinEnterprises, LLC (''Vic-Vin'') is not fOIthe construction of any new or physically altered fire station,. but to maintain the current level of service of the Fire Station. 2. MITIGA nON FEE ACT The Mitigation Fee Act is codified in Gov. Code 9 66000 et seq. This Act requires that the City must determine that there is a "~nable relationship',' between the need for'the public facilit-j and the type of development project fur which the fee is imposed. Gov. Code 9 66001 (a). In addition, there must be ji "~reasonable relationship" between the amount of the ICe and the cost of the POrtiOIl oftha public facjlity attributable to the project upon which the fee is imposed. Gov.'. Code S 66005. The City has presented no evidence of compliance with t~e requirements of this Act. . 3. NOLl,AN-DOLAN TEST The Neilan-Dolan test is based.upon the United States Supreme Court deci~ions of Nollan v. California Coostal Commission (1987) 483 U.S. 825,971. Ed. 2d 677, 107 S. Ct. 3141 and Dolan v. City of Tigard (1994) 512 U.S. 374, 129 L. Ed. 2d 304, 114 S. C1:. 2309. Under Nollan- Dolan, there mllst be a "reasonable relationship" between the monetary exaction and the public impact development. Thcre mu.<rt be an "essei1tial nexus" or relationsbip between the permit condition and the public iinpact of the proposed development and there must be "rough proportionality'" between the magnitude of the physical exaction and the effects of the proposed developmcnt. The California Supreme Court followed Nollan-Dolan in Ehrlich v. Cil)' of Culver City (1996) ]2 Cal. 4~ 854, when: the Califo~a Supreme Courl extensively discussed the requirements of Nollan-Dolan in explaining that the City of Culver City failed to satisfy its burden that the purposed recreational facility fee it sought to impose on a real estate developer of $280,000 was not justified. See Ehrlich at p. 881. Tne'court held that the City has the burden to make "specific findings supported by financial evidence'.' to support lU1Y proposed recreational fee. See .Ehrlich at p. 885. The City has presented no evidence of compiiance with the requirements of No llan-Dola.'1. Within the context of the authorities referenced ,herein, lets look at the current project. The Fire Station. was constructed with a special tax on d.esigilated property owners \\ithm the Community 1- , I e- e e i , Henry Empeno, Jr., Sr. Deputy City Attorney City of San Be)"I\ardino . September 1,2006 Page 3 Faciiities District. This special tax 'was designed to not only pay for construction, but also for . operation and maintenance. Now the City wishes to impose the'same special tax on a property owner (Yic-Vin) who is not within the Community Facilities Pistrictand did not have due process notice and an opportunity to be helll'd 'l\-ith regard to the special'tax before. it was imposed on the property owner, as'did the property oWJiers within the Community Facilities District. The City is not contending that the project ofVic-Vin will require the Fire Station to be expanded or altered to address the needs ofVic-Vin. Rather.. the City is contending that Vic.vin ought to pay the on-going maintenance costs of this Fire Station. Vic-Vin contends that the on-going maintenance costs oftb.is Fire Station should be paid for by the general public rather than by an individual property OViller in the vicinity of the Fire Station." It should be noted that the City 'will be imposiIIg upon Vic-Vin a variety affire suppression and fire mitigation meas-..u'es relating to the construction of the proposed development. During our meeting of AugLlst 24, 2006, you stated that there was an iss\1e concerning the San Bernardino County Flood Control District ("District") that was an obstacle to the V.ic- Vin Development, but you did not know the nature of the obstacle. Subsequent to olu'lllceting, I investigated tbis issue. I clctemuned that the District sei,t the Chy a letter dated May 5, 2005 expressing its conditions for approval oftheVic-Vin project. The City staff sat on this letter for .15 months and finally forwarded it to Vic-Vin in August of2006. This unjustified procrastination by the City will cost Vic-Vin thousands of additional dollars because approximately one-H,ird of the project now has to be redesigned. Nevertheless, Vie- V in is complying with the requirements ofllie District. On final substantive issue. The dty~has advised Vic-Vin that the City sta..ffwill not consider Vic- Vin' s civil engineering plans (grading, sewer, water, dr~nagc, etc.) and will noi issue preliminary conditions of approval. This sounds nonsensical. Please request City stafftq consider Vic- Vin' s civil engineering plans and issue preliminary conditions of approval. Based 011 the foregoing, I request that the City reconsider its position with regard to the "in lieu" fee. In any eye nt, I request that the City staff place the Vie- Vin project on the Planning Commission agenda for a decision as soon as possible. As I have previously mentioned, the City's delay in processing the Vic-Vin project lw beel1lmreasonable and unjustifiable. I note in passing, that Vie- Vin paid ,an additional development fee to the City in order for ~ City to expedite the processing of this development. According to my records, the expedite fee was $11,819.06. Accordingly, please let me- know when the Planning Commission hearing will be scheduled. e- e e ( ( Henry Empefio, Jr., Sr. Deputy City AttorneY City of San Bernardino September 1,2006 Page ~ I would appreciate a written response within 15 dB.ys. Very truly YOllIS, ~A'~~' ., BARRY A. ROSS BAR:es cc; Kenneth Fields, Esq. Victor Di Pietro , e- e e ( ( OFFICE OF THE CITY ATTORNEY CITY OF SAN BERNARDINO August 24, 2006 VIA FAOlTMlT.F./'949n27-99271 AND U.S. MAIL Barry A Ross Attorney at Law 7700 Irvine Center Drive, Suite 710 IMne, CA 9261~-2929 &: V'rc-Jl'in bulustriaI Developlllellt Project 1 tu ACNl Puce! . Dear Mr. Ross: .JAMES F. PENMAN CITY ArraRN~Y I write in response to y~lUr letter dated August 7, 2006, which responded to my letter sent to Mr. John M Bowman: ofJeffer Mangels Butler & Marmaro LLP dated August 1,2006. . . You misunderstand and mischaracterize the statements in my letter to !.fIr. Bowman. I did not state that the Vie- Vm Project "is subject to the assessment imposed on properties within CFD [Community Facilities District] No. 1033 betause the property of Vic-Vmis within a larger area known as the VememoDt ar.ea-" I did acknowledge that the Vic-Vm property was not included within the original formation of CFD No. 1033. This property never has. been and currently is mn in CFD No. 1033.. The only properties that are included in CFD No. 1033 are those properties where the property owner has requested to be included within this District. As noted in my letteJ' and in the "Replacement language fur the Initial Study" which was attached to my letter, a CEQA mitigation measure has been proposed by the Development Services Department which requires Vie-Vin to participate on a fair-share basis in funding the CClnt1n1led operation and maintenance of the new Verdemont Fire Station. Prior to issuance of building pennits, Vie- Vm will be required to pay a one time fair-share contn'bution equivalent to the CFD No. 1003 "in lieu fee" ($44,358.47 per acre) established by Council Resolution No. 20Q4...l07. in order to mitigate the long-term impact of the project on emergency services of the Fire Department. As an aJtemative to paYing this one-time CEQA mitigation fee. Vie- Vm may agree to annex this project site to the CFD No. 1003. Submission ofan executed irrevocable agreement prior to issuance ofbuilding petmits will satisiy this obligation. .f:IEMl'ENOWiOoVlll~V...Vll1- ~101>Jiy-''''flOOdinato8-1.o61clta-.wpd ( e - Page2 Re: Vie- Vin Intlnd'ri.aJ. Development Project Letter to Bariy A. Ross August 24, 2006 For your information, the to1lowing table shows thE! proposed yearly asse~..'1,ts to CFD No. 1033 for COwwa,ial ami intft.ctnal properties per acre: e PERIOD CALENDAR COMMERCIAIJ NUMaEll YEAR INDUSTRIAL UTI: WITH 1% INFLATOR 1 2004 $2,445.00 2 2005 52,493.90 3 2006 $2,543.78 4 2007 $2,594.65 5 . 2008 $2,646.55 6 2009 $2,699.48 7 2010 52,753.47 8 2011 $2,808.54 9 2012 $2,S64.71 10 2013 52,922.00 II 2014 $2,980.44 12 2015 53,040_05 13 2016 $3,100.85 14 2017 53,162.87 IS 2018 $3,226.13 . 16 2019 $3,290_65 17 2020 $3,356.46 18 2021 $3,423.59 e F:Il!Ml'ENOIVio-VIII ~V""V"m-x.....lO N.Iy _ fOI!>COdinglo 8-7-06 -."Jlll . . e- Page 3 Re: Vic..v1Jl Industrial Development Project Letter to ~any A ROss . August 24, 2006 e 19 2022 $3,492.06 20 2023 $3,561.90 21 2024 $3,633.14 22 2025 $3,705.80 23 2026 $3,779.92 24 2027 53,855.52 . 25 2028 53,932.63 26 2029 $4,011.28 27 2030 $4,091.51 28 2031 54,173.~4 29 2032 54,256.80 30 2033 $4,341.94 31 2034 54,428.78 32 2035 54,517.35 33 2036 54,607.70 34 2037 54,699.86 3S . 2038 $4,793.85 36 2039 54,889.73 37 2040 54,987.52 38 2041 $5,087.28 39 2042 $5,189.02 40 2043 $5,292.80 e P,IEMPENOIVk>-ViD 1ndIoIIrial\~V'...- Lcucr 10 ~"""""""'Io &-7-G61el1or.wpd e e e ( P88e 4 Re: Vic-Vm Jntlnqtrial DevelopmmtProject Letter to Barry A Ross August 24, 2006 Please coJItact me should you have airy tbrtber questions regarding this matter. . Ver;y troly yours, ~~. HaIry Empeiio, Jr. Sr. Deputy City Attorney cc: James F. pP.nmRn, City.Attorney Valerie Ross, Director, Development Services Terri Rahha1, Principal Planner, Development Services Teri Baker, Assistant to the ~ Manager F,\EMPFNOIV....Vm ~1\Vi...Vm .UUlsto AlIy-'"'P"'<lin& 10 8-7-46 ,.....wpd ( ( e- BARRY A. Ross A, ,. l' 0 R. N B Y A T r.. it. \If 7700 JRvur. CI~TBI. Dam BUITI 110 rJ.vUI11 CALJlOllW!A 926t8..2929 949-717.0917 7AX Slf9.721.pg27 ros:ibaT'ry@ao1.Clom August 7, 2006 Henry Empeno, k, Deputy City Attorney City of San Bernardino 300 N. "D" Street San Bernardino, CA 92418 , Your letter states that even though the property of,Vic- Vin is not within the boundaries of CI'D No. 1033, Vie-VIII is subject to the asseSSl'..lenr imposed on properties within CFD No. 1033 because the property of Vic-V in is ",'ithin a larger area known as the Verdemont area. I disagree with your position. I do not believe that Vic- Vin is required to pay any of the fees imposed by CFD NO.1 033 because the property of Vie- Vin is 'not within the geographical boundaries of Cl'D , No.1 033. If the Cityv.ishcd to subject the property of Vie-V in fo the assessment created by a community facilities district, the City should have created a community facilities district that was large enough to elICompass the entire Verdemoni area. The fact that the City's fire department wants the property of Vie-V in to be included within the boundaries ofCFD No. 1033 is of no consequence. The fact is that the City Couneil did not include the property of Vic- Vin within the boundaries ofCFD No. 1033. 1bereforc, thc property ofVic-Vin cannot be subject to the assessment created by CFD No. 1033 because the property ofVic-Vin is not within the boundary ofCFD No. 1033. e You state that by proceeding with the annexation, option, the first year special tax for Vie~Vin will be $2,445 per acre. Please advise as to what the special tax will be in subsequent years. e- e e \ f \ Henry Empeno, Jr., Deputy City Attorney August 7, 2006 Page 2 If you have any documents or any legal authority that might authorize the City to require Vic-Vin to pay an assessrnentcreated by Community Facilities District No. 1033 when the property of Vie- Vin is not within lhe boundaries of Co=unity Facilities District No.1 033, please provide me with the documents or the authority. I would appreciate a written response to this letter, as well as my previous letter dated August I, 2006 within ten days. For the record, I do not believe that you have completely responded to the concerns addresse<i"inMr-Bciwman's letter of June 15,2006. If you have any questions, please call me. Very truly yours, ~A-~ B~ A. ROSS BAR:cs cc: James F. Pcmnan, Esq., City Attorney Henry En~, Esq.; Deputy City Attorney. Kenneth Fields, Esq. Victor Di Pietru Pam Steele . Jim Fullmer John L. Bailey, Esq. e. e e BARRY A. Ross A,.T" 0 .. N.e: 'f .-\ T LAW 7700 In.''"I''! CKJlTICI. tllJ"/'2 !U1T:!!l 71,0 IAV1~11 CALJr01NIA 926>].8.2929 9>&'9-721-0977 PAX 949-727-9927 ro.,b::l.rry@AOI.coQl. August 1, 2006 Certified Mail Return Receipt Requested Henry Empeuo, Deputy City Attorney City of San Bemardino 300 N. "D" Street San Bemardino, CA 92418 Re: Vie- Vin Industrial pevelopment'Prcject 10J Acre Parcel Deal' Mr. Empcno: 1 have been retained to represent Victor Di Pietro and Vic. Vin Enterprises, LLC, in conrlcction with applications for tentative parcel map, development permit, grading permit and building p=it to constnlct two warehouse indushial buildings ("Project") on a 10.3 parcel located 'south of Inc1tlstrial Parkway between Palm Avenue and University P~kway in the City of San' Bernardino ("Property"). I have replaced John M,'13owman of Jeffer, Mangels, Butler and Matma:ro LLP. Based upon my review ofth~ file 311d my discussion with Mr. Bowman, Mr. 'Bowman sent you with a letter dated J llIlC l5, 2006 and you' have not provided any written response to this letter. According to Mr. Bov.man, your verbal response was that you were working on a response to the letler, but had not yet prepared it: A delay of 45 days in responding to Mr. BowmaJl's letter is unacceptable. Please respond in writing to roe within 10 days concerning Mr. Bowman's letter. I wbh to aJdress the statns of the mitigated negative dedaration, the tentlltive parcel map and tilt: developmeot permit ("land use entitlements") for the Project. On February 2; 2006, the Developme)jt and Environmental Review Commiltee app~oved the land use entitlements, authorizing release for ptlblic,revie1ir and refelTed the land use entitlements to the Planning Commission. It is now seven months later. None of the land use entitlements have been set for hearing before the Planning Commission.. Please cause the land use entitlements to be set for hearing before the Planning Commission without futlher .delay, e e e Henry Empeno, Esq. August 1,2006 Page 2 Your delay in responding to NIx. Bowman's letter appears to be part of l!- concerted effort by the City of San Dernaroin,o to unreasoIlllhly delay the processing of the Project in ~iolation of the chil rights of my client. S1D!Set Drive'Corporation v. Redlands (1999) 73 Cal.App.4111 214,225. Very truly yours. &~~It-~ V BARRY A. ROSS BAR:es cc: Jrones F. Penman, Esq., City Attorney Henry Empe11o, Esq., Deputy Cily Attorney Kenl1~th fields, Esq. Vi..tor Di Pietro e- e e ( August 1, 2006 JAM~S F. P~NMAN CITY ATTORNEY Mr. John M Bowman Jeffer Mangels Butler &. Marmaro LLP 1900 Avenue ofthe Stars, T" Floor Los Angeles, California 90067~308 Re: Vie.- Vm Industrial Development Project Dear Mr. Bowman: This letter is in response to your letter to me dated June 15, 2006, regarding the project being contemplated by Mr. Victor DiPetro' and Vic-Vin Enterprises, I.LC (collectively "Vie.-Vinj, within the City of San BemaTdino, Tentative Parcel Map 04-35 and DPm 04-54. Since the date of your letter I assembled City Planning Division Staff and. other individuals who were familiar withthe 2004 formation of the CPO No. 1033 to gather information regarding the basis for said CFD and to be assured that the prior determinations as made by the Mayor and Common Council in 2004 are deemed to be relevant as of today from a CEQA standpoint. The Verdemont Area is extremely fire prone due to the proximity of the open space, hillside and mountainous areas, and this area has experienced devastating fires in the past. It is recognized that the Vie- Vin property was not included within the original formation of the CPO No. 1033, but one of the purposes of the CFD No. 1033 as set forth by the Mayor and Common Council was to provide a vehicle whereby future development within the Verdeniont Area designated by the Fire Department would either annex into the CFD No. 1033 or pay an "in-lieu fee" ami thus opt not to join the CFD No. 1033. However, it is not an option for a property owner seeking to develop their property within the Fire Department designated area to neither join the CFD No. 1033 nor pay the in-lieu fee established by the Mayor and Common Council. The determinations inade by the Fire Depanment. in 2004 continue to be valid today regarding the necessity of new development in the Verdemont Area to pay its fair share of the operating expenses for the Verdemont Fire Station. e- e e i .. ( Page 2 R.e: Letter to Jobn M. Bowman August I, 2006 The mitigation measure set forth in the Vic-Vm project Initial Study, paragraph 7, is basically valid, however, replacement language that states the mitigation requimnent more accurately is enclosed. The City. will Clpect Vie- Vm to comply with this requirement through one of the two previously established means. That is, either pay the in-lieu fee to opt out of the CFD No. 1033. or annex into the CFD No. 1033 and be subject to the annuaI ~cial tilt. . After having personally reviewed the assumptions that led to the establishment of1he in- lieu fee and the 1I11mll.1 special tax amOUDt for intluctria1 and retai1 projects, I would like to briefly explain how the acreage fee for induSbial propenies was determined. City staff had calculated the potential acres of development by land use designation within the Fire Department desigDBted area in Verdemont. The assumption was that the non-resiclentia1 properties would have a coverage factor of 33% of the parcel land area. That square footage amount was then multiplied by SO. 17 per square foot to arrive at the fiIJt year annual special tax per acre ofS2,44S.00. A similar exeroisewas conducted for resideutial properties through the use of an assumed average house size multiplied by.a square foot factor to arrive at a per bouse first year special tax ots3S0.00 per housing unit Tbe City elected to utilize the per unit special tax method for residential and the per l!4:fC special tax for industrial and retail properties as a means to achieve efficiency in the administration of the CFD No. 1033. Otherwise, a separate building square fuotage cak:u1ation for each dwelling unit and each industrial and retai1 project would have been required_ This 1atter approach would have become extremely burdensome and the cost of such extraordinary administration would have. been ultimately the financial obligalion of the property owners. ThUl> the City was able to achieve for the benefit of all property owners within the em No. 1033 a substantial adminisnative cost reduction each year. As a point of comparison, the Vic- Vin project contemplates a coverage factor of approximately 41.8% versus the assumed average coverage W::tor of33%. AppI,iug the same formula on a square foot of building area basis, Vw-Vm would have paid a first year special. tax of $3,095.00 as compared to the established first year special tax of $2,445.00. Vic-Vin is thus paying an effective rate ofSO.13 per square foot of building area when the per acre first year Special tax amount is divided by the actual building' square footage for this proposed Vie- Vin project. The calculation of the "in-Iieu payment" is a verY sunple mathematical analysis whereby the first year special tax was increased by 2% per year for 30 years and then a 6% present . value discount factor was applied against this annual cash flow stream to determine the present value of this series of special tax payments separately for residential properties and for lndustria1 and retail properties. I am confident that through your use of an Exl:el spread sheet you would be able to replicate the same calculations contained in the Engineer's Report that was presented to the Mayor and Common Council in 2004. _0.______ . e- e e ( . ( Page 3 Re: Letter to John M. Bowman August I, 2006 I would like to present the following offer to you as a means of allowing us to move your V>>-Vm project fbrward as expeditiously.as possible tIirougb. the City entitlement and design review process. The City of San Bernardino is undergoing ail \!lIP1"ecedented . smge of industrial growth at this time ai1d it is certainly advautagcous for the ownen and investors in the Vie- Vin project to move forward while this opportunity is preseot. Upon your request, I would have the Planning Department Staff forward to you the uece9~"~ documents to initiate the annexation of the Vie- Vin property into the CFD No. 1033 without any coSt to Vie-Vm to participate in this annexation process. In the m-ime, staff would resume the development review proce.!lS, including public review of the Initial Study and Planning Commission review of the project. Upon approval of the project by the PI~nn;ng Commission, you would be able to proceed with permit j",..""ee after the necessmy documents have been executed by Vie-Vm and returned to the City whereby Vie- Vin would be committed to participate in the CFD annexation process. The entire annexation process would probably require up to four (4) months time to finally process, but the pending annexation process would not further.delay your project after the necessary dOCU"ll;lnts have been executed and delivered to the City. It is likely that we would be including other properties lIS well into this next CFD annexation ~le. I look forward to hearing from you and please contact me should you have any further qUtstions regarding this matter. Sincerely, ~~J Hem)' Empeno, Jr. Sr. Deputy City Attorney EPclosure cc: James F. Penman, City Attorney _.T ..,"~_~...... e- e e I I { ( I I Verdelllont Fire Station Mitigation I I I ' VIC-VIN Industrial Subdivision & Two Industrial Buildings on Industrial Parkway Tentative Parcel Map No. 17503 (SUB No. 04-3~) and Development Permit 2 No. 04-54 I, Replacement lan!!1llle:e for the Initial Study ,pJuared bv Hoe:le-ITeland. Inc.: I I Replacement Impact Discussion related to fire p~otection: i Fire prevention" fire protecti~n, and erndgency medical ~istance in the City of San Belnardino are provided by the San Bernardino Fire Department (SBFD). , ConstrUction of the proposed project wil~ generate additional need for fire protection and emergency medical aid frOm the Verdemont Fire! Station #12 located at 6065 N. Palm A venue. The prdposed project will generate additional service de!IlllJld on the Verdemant Fire S~tion, impacting the ability'ofthe Fire Department to meet the Emergency Service Delivery Management and Planning Standards adopted by the Mayor and Corbnon Council of the City of San 'Bernardino, including a 5-mmute resp04e time to 90% of all service calls. This constitutes a potentially significant adverse impact, due to the need for new or physically altered facilities required to :a:\aintain acceptable service ratios, response times and other performance objectives for fire protection service from the Verdemont Fire Station, Replacement Mitigation Measure: i I' , P. t ' f'b 'Id' ' . th' I' hall .' fa' hare nor 0 Issuance 0 U\ mg permIts, c; app lcant s partlclpatc on a Ir-5 basis in ftmding the continued operation1and maintenance of the Verdemont Fire Station. A one-time fair-share contributi~m equivalent to the Community Facilities District No. 1033 "in-lieu fee" established by Resolutiol1 No. 2004-107 of the Mayor and Common Council will mitigkte the long-tenn impact of the project on emergency services of the Fire Depa~bnt. As an altemativ'e, an irrevocable agreement to annex the project site to Community Facilities District No. '1033 would satisfy this obligation, I I, I I I I I {. '~A"BM Jeffer Mangels y:V~ 'Butler & Marmarol1P. John M. Bowman Direct (310) 785.5379 jmb@jmbm.com 1900 Avenue of the Stars, 7th Roor Los Angeles, Callfomla 90067-4308 (310) 203-8080 (310) 203-0567 Fax www.Jmbm.com Ref: 67014.0001 June 15, 2006 VIA ELECTRONIC MAIL AND U.S. MAIL Henry Empeno Deputy City Attomey City of San Bernardino 300 N, "D" Street, 6th Floor San Bernardino, CA 92418 lfD)fE @ ~ a w ~ml Wl JUN 1 9 2006 ill' By .$:14.,1C.,..:!t ~ e Re: Vic-Vin Industrial Development Project Dear Mr. Empeno: As you know, this office represents Victor DiPierro anQ. Vic-Vin Enterprises, LLC (collectively "Vic-Vin") in connection with Vic-Vin's application for a tentative parcel map and development permit to consrruct two warehouse-industrial buildings (the "Project") on a 1O.3-acre parcel located south of Industrial Parkway between Palm Avenue and University ParkWay in the City of San Bernardino (the "Property"). The purpose of this letter is ,to summarize our position concerning the fire "mitigation" issue and to request your ' assistance in resolving this matter. BACKGROUND An application for approval of the tentative parcel map and development permit for the Project was filed with the City of San Bernardino (the "City") on December 29, 2004. Over one year later (January 2006), an Initial Study was prepared for the Project under the , California EnviroIllllental Quality Act ("CEQA"). The Initial Study, which Was prepared for the City by Hogle-Ireland, Inc., concluded that all of the potential environmental impacts of the Project can be mitigated to a level of insignificance. With respect to potential impacrs on public services, the Initial Study stated, in relevant part, as follows: e "The City has created Community Facilities District, CFD No. 1033, for the purpose.oflcvying and collecting a Special Tax to finance a portion of *e continued operation and maintenance of LA 406S'7S4 .1 ( ( a 'Henry Empeno, Assistant City Attorney _ June 15, 2006 . Page 2 . . e e the Verdemom Fire Station, incl~ding personnel expenses, equipment and operational expenses. lfit is determined that this property is covered fly CFD No. 1033, the project wi\1 be subject to the Special Tax in the amount that is deterinined annually pursuant to City Ordinance No. MC-1184, Exhibit A, or in a 'one-time In-Lieu Fee' in the amount of $44,358.47 per acre for an Industrial Zone as so iClentified in City Ordinance No. MC- 1184. [1] Therefore. with the following mitigation measure this iinpact is reduced to below a level of significance: m 7. Participate, as required, in payment of the Verdemont Fire District Community Facilities District No. 1033 fees.ss either an annual taX or one-time In-Lieu fee of $44,358.47 per acre for an Industrial Zone or as identified in City Ordinance No. MC- 1184." (Emphasis added.) . Since the time the Initial Srudy was prepared, Vic-Vin has determined-and you have confirmed-that the Property is not covered by CFD No, 1033 and that the Project is not subject to the "annual tax" or "one-time fee"' established pursuanrto the Community Facilities District ("CPP"). Accordingly, no tax or fee would be required under the terms of the mitigation measure as originally proposed in the Initial Study. Nonetheless, several months ago we were informed by City staff that staff intends to review this matter further and may recommend an alternative mitigation measure. Despite our numerous attempts to ascertain. the status of these efforts. we bave yet to tJe informed of the staff's Conclusions in this regard~ To date, Vic-Vin has b~ extremely patient and, through its representatives, has attempted to resolve the issue in good faiJh. However, the Project has now been delayed for several months as a direct result of the fire mitigation issue. Indeed, it is my understanding that the Project had at one time been scheduled for hearing in June of this year. but bas since been taken off-calendar indefinitely pending resolution of the issue. DISCUSSION As indicated above, our immediate concern is .the delay caused by staff's decision to reevaluate the fire mitigation issue. However, I would also like to take this opportunity to briefly outline our position on tbe substance of the mitigation issue. First, we do not believe that the ~oject will in fact bave any adverse environmental impact in the area of fire services. As indicated in the documentation that we ' have obtained concerning the CFD, the CFD is intended [0 provide funds for the on-going "operation and maintenance" of me existing Verdemont Fire StatiOD. Of-course, CEQA is designed to mitigate potential physiaJl impacts on the environment-not to ensure adequate funding for on-going municipal services. Indeed, the environmental checklist contained in LA 4065'54 y 1 i i, _ tIeDI)' Empeno, Assistant City Att.omey _ June 15, 2006 . . Page 3 e e Appendix G to the State CEQA Guidelines requires the City to consider the following question: . "Would the project result in substantial adverse physical jmpacts associated with the provision of new or pJrysically altered govemmemaljacilities. need for new or,pJrysicaIly altered governmenral facilities, the construction of which could cause significant environmenTal impacts, in order to maintain acceptable service ratios, response times or other performance objectives for : . . Fire protection. . ." (Emphasis added.) In this case, the fire station that will serve the Project is already in existence, and we are not aware of any evidence to support a finding that the Project will create a need for the "consU1lction" of any "new or physically altered" facilities to maintain acceptable levels of fIre protection. Thus, there does not appear to be any basis for imposing a fixe mitigation fee under CEQA. Second, under the Mitigation Fee Act, GO~'t Code U 66000 el seq., the City, before imposing any fee on the Project, must determi:Qe bow, there is a "reasonable relationShip" between the need for the public facility and the type of development project on which the fee is imposed. Gov't Code ~ 66oo1(a). Additionally, the City must determine how there is a reasonable relationship between the amount of the fee and the cost of the portion of the public facility attributable to the project upon which the fee is imposed. 66001(b) and 66005. In other words, the City has the burden of demonstrating that any fee is "roughly proportional" to any impacts caused by the development project. See Dolan v. City ofTigard, 512 U.S. 374 (1994) and Ehr.lichv. City of Culver City, 12 Cal.4th 854 (1996). Again, we are not aware of any basis for the City to conclude that the Project in this 'case will create a "need" for additional fire protection facilities. However, even if such a "nexus" could be established in this case, we submit that the "one-time" fee established in the CFD-which if applied, to the Project in this case would equate to a fee of approximately $457,Ooo-would not be "roughly proportional" to any such impact aDd could not .be legally imposed_ _ Notwithstanding the foregoing, and in the interest of resolving the, issue in an amicable fashion, my client is pi'epared to accept a condition of approval that requires the payment of a reasonable fee or other appropriate mitigation measure, so long as the Project is allowed [0 proceed to hearing in an expeditious fashion.' We would greatly appreciate the assistance of your office in facilitating 'such a resolution. LA ~06S"4 .1 e e e I \ ( ~enry Empelio, Assistant City Attorney June 15, 2006 Page 4 Thank you for your consideration. JMB:dg cc: Fred Wilson, City Manager LA 4065754 .1 -. Very troly yours, MfYI~ J~~~OWMAN of Jeffer, Mangels, Butler & Marmaro LLP e- EXHIBIT 4 Background Documents Relative to the Formation of CFD No. 1033 And Fire Service Mitigation in the Verdemont Fire Station Service Area !. e e- e e Background Documents Relative to the Formation ofCFD No. 1033 and Fire Service Mitigation in the Verdemont Fire Station Service Area 1. Staff report and Council Resolution No. 2000-113 dated May 15, 2000, adopting certain Fire Department Emergency Service Delivery Management and Planning Standards 2. Memo from Fire Department to City Manager dated August 3, 2006, stating the continued need for a Verdemont Fire Station 3. Memo from Doug Dupree to Valerie Ross dated February 2,2006, describing the. impacts of Tentative Parcel Map 17052/Development Permit II 04-54 upon fire services in the Verdemont Area 4. Council Agenda Item #24 from Council meeting on April 19, 2004, approving Resolution No. 2004-107 including the form of a Mitigation Agreement related to fire services for new development in the Verdemont Fire Station Service Area 5. Council Resolution No. 2004-104 adopted on April 19, 2004, Declaring the Intent to Form a CFD together with numerous findings of fact to substantiate the necessity for new development to pay a "fair share" of the Verdemont Fire Station operating expenses; (note the highlighted provisions regarding the background issues and the necessity for new development to pay a "fair share" amount) . 6. Council Agenda Item #35 from Council meeting on June 21, 2004, adopting Resolution No. 2004-210 Declaring and Establishing the Formation of the CFD and approving the Engineer's Report (Exhibit A) and the Rate and Method of Apportionment of the Special Tax (Exhibit B) 7. Engineers Report as attached to Resolution No. 2004-210 from Council Agenda Item #35 from June 21, 2004, emphasizes the following points (see highlighted provisions as noted in the Engineer's Report): a. Section II.(b) - recognizes that the City may pursuant to CEQA require owners of new developments to participate in the CFD or pay an "in-lieu fee"; b. Section 1I.(g) - states that the City has concurrently approved the form of the Mitigation Agreement; c. Section III. - in 1998 a Fire Department Planning Standards Ad Hoc Committee was formed; on March 28, 2000, the Committee recommended certain standards to the Council for adoption relating to response time and drive times from fire stations in the Verdemont Area; I e- 8. 9. 10. e e d. Section IV.(f) - contains statements that based upon improvements in the real estate market, land owners and developers are once again seeking to develop within the Verdemont Area; the City anticipates that infrastructure demands will thus be placed upon the City; e. Section IV.(h) - the initial CFD would only generate 9.9% of the first year's annual costs of operation of the Verdemont Fire Station; states that as new development annexes to the CFD, additional annual funds will thus be provided to pay the costs of the operations of the Verdemont Fire Station; f. Section V. - City declares its intent to stimulate development; the special tax will provide a portion of the funding of the annual costs of the Verdemont Fire Station. Two spread sheets dated March 27, 2003, illustrating the potential revenues to be generated by new residential development available to pay for the costs of construction of the Verdemont Fire Station through the Verdemont Infrastructure Fee ("VIF") Spread sheets illustrating the calculation of the in-lieu fee amount in the event a property owner elected not to participate in the CFD Three spread sheets of "drafts" dated July IS, 2003, illustrating the separate assumptions for existing and new (i) residential development, (ii) commercial development, and (iii) industrial development in the Verdemont Fire Station Service Area and the allocation of O&M costs to each land use category 2 e- SECTION 1 City of San Bernardino e Request for Council Action Mayor and Common Council for May 15,2000 e 10-03-2006 04:08pm From-CITY OF SAN BERNARDINO PLANNING DEPT 8083845080 T-208 P 006/012 F-407 . CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION -~: Larry R. Pitzer Subject: Fire Department Emergency Service Delivery Management and Planning Standards. Dept: Fire ...... c", . . ( ;. i t } ... " . . , . .- Date: May 15, 2000 Synopsis of Previous Council Action: NO'le RECOMMENDATION: 4) Adopt Resolution Approve implementation of the automated emergency medical dispatching system. Approve the study and analysis of issues pertinent to our City's relatively high emergency incident call volume. Approve the station-siting plan for implementation at Mayor and Council discretion, and when funding becomes available. 1 ) 2) 3) e )_... zt i L f , ... /. i -. ;') L'j Signatu're ! il Contact Person: Larry R. Pitzer Supporting data attached: Staff Report Phone: (9091384-5286 Ward: Citv Wide FUNDING REaUIREMENTS; Amount: Fundinq has vet to be identified Source: (ACCT.No) (Acct. Descriptionl Finance: Council Notes: ['I ;; 7JilJ I . 5!f510~ Agenda Item No. J.. LJ _1//.?'.tJ;q'af ,b;<7': e I / e e e 10-03-Z006 04:08pm From-CITY OF SAN BERNARDINO PLANNING DEPT 9093845080 T-Z08 P 00T/01Z F-40T < STAFF REPORT SUBJECT: Fire Department Emergency Service Delivery Management and Planning Standards BACKGROU1\"D: Early in 1998. FIre Department administrati ve staff requested that a process be developed to study and adopt emergency service delivery management and planning standards. This was prompted in part by the need to consider the addition of a fire station in the Verdemont area. Without planning standards, the Verdemont station concept could not be evaluated objectively. Subsequent to the request 10 develop a process. the Mayor and Council approved the establishment of a Fire Department Planning Standards Ad Hoc Committee at the September 21. 1998 Council meeting. The members that were appointed to that committee are: Councilwomen Esther Estrada and Susan Lien; Fire Commission members Larry Veres and Richard Caldwell; from the public. Philip Savage. In November of 1998. the Ad Hoc Committee began meeling to study and analyze topics relevant to establishing emergency service delivery standards. The Committee reviewed many issues and IOpics during the following 1 V2 year period of time. Some of Ihose general issues and roplCS are lisled on Exhibil A. On March 28, 2000. the Commirtee agreed upon certain standards 10 recommend 10 Mayor and Council for adoption The Committee also requested that a workshop for Mayor and Council be scheduied because of the depth and complexity of information that needs to be presented to them. Those stanrlards 'and mher recommended actions are listed below. There will be a detai led presentation of these standards and recommendations at the workshop; in addition. they are also listed with explanation on ExhibIl B. RECO~~~EDSTA~ARDS :;.. Dispalch p~ocessing t!me shall be 60 seconds or less 90% of the time. ):0 Turnout time shall be 60 seconds or less 90% of the time. ;;- Drive time from fire stallon locanons to arrival at emergency Incidents shall be 5 m.inutes or less 90% of the lime. ThIS tS the time interval from en route of the closest apparatus thaI is dIspatched untIl arrival al the emergency incident. OTHER RECOMyIENDED ACTIONS ):0 Automate the emergency medical pre-arrival and priority dispatching system. ;;. Adopt a fire station siting plan that is consistent with the 5-minute drive time standard. > Study and analyze issues pertinent to our City's relatively high emergency incident caB volume for the purpose of recommending a methodology to reduce calls per ' caplla. maximize efficiency of resources, and provide the appropriate response in a cost effect; ve manner. ;0-03-2006 04:08pm From-CITY OF SAN BERNARDINO PLANNING DEPT /' / e 9093845080 T-208 P 008/012 F-407 Implementation of the recommended standards may lead to the Mayor and Council authorizing the expenditure of funds in the future. However. adoption of the standards per se will not require el\pendirure of funds. The decision to proceed with any of the Comminee's recommendations can be done predicated upon the availability of funds in the future. By their very nature. fire service planning standards allow for long range planning. Consequently, expenditure of funds that are predicated upon these standards could occur many years in the future. In fact, the planning standards will most likely have an impact for well over 20 to 30 years. A detailed description of the station siting plan and associated costs are shown on Exhibit B. fI~.\~CIAL IMPACT: ;;. The recommended motion adopting the standards will not require expenditure of funds :;;. Approval and implementation of the "Other Recommendations" as delineated above will require the following: e . A.utomated emergency medical dispatching system - 546.:'00 (one time cost). . Fire station string plan The Fire Station siting plan can cenainly be completed as a single project. However. it is also logical to consider a :wo-phase"approach as shown bdo""': Phase I:' One r.ew fire station in the Verdemont area. . One time consrructlon cost 51.200.000 to 51.500.000. . Fire Engine 5350.000 . Annual on-going cosr -S 1.300.000 Phase n. Relocation of four el\isring fire stations . . One time construction cost $4.800.000 to 56.000,000 If the ylayor and Council adopt the standards. implementation of the recorrunendations may be considered during the FY 00/01 budget process. and in subsequent budget years. At chiS time. funding has yet [0 be Identified to Implement the above standards RECOi\-['\.rEI'll>A nON: l) 2) 3) e 4) Adopt R.::solution Approve implementation of the automated emergency medical dispatching system. Approve the study and analysis of IssueS pertinent to our City's relatively high emergency incident call volume. Approve the station-siting plan for implementation at Mayor and Council discretion. and when funding becomes available. . --.. .nn n. -. .---;- - - ~~~ 9093845080 T-208 P 009/012 F-407 10-03-2006 04:08pm From-CITY OF SAN BERNARDINO PLANNING DEPT . e e ,/" EXHIBIT A ISSUES AND TOPICS REVIEWED The following list of issues and topics are some of the general areas that the Ad Hoc Committee reviewed and studied: they will be addressed at the Council workshop. ... Counctl goals and objectives. and the City's General Plan as it relates to the Fire Deparunent :>- Standard response levels to various types of emergency incidents. ,. Total system reflex delivery time components. ;.;. Effect of response time on emergency medical service incidents. r Effect of response time' on fire incident~ .. The City's preparedness for local and regional disasters. ;> Fire statlon-siting criteria. ... OSHA 2 m 2 out rule. ., Turnout time. , O:1e vs. two paramedics per engine concept. ;> Building construction types as they relate 10 fire resistancelbehavior. " Complirab!e cities survey. ., Insurance Services Office grading schedule. " Emergency medical dispatching system and the standard dispatch system. > Risk factors and service demands. 10-03-1006 04:09pm From-CITY OF SAN BERNARDINO PLANNINC DEPT .'~ e- e e 9093845090 T-/oe P 010/01/ F-407 EXHIBIT B RECOMMENDED STANDARDS AND OTHER ACTIONS Recommended Standards r Dispatch processing time shall be 60 seconds or less 900/c of the time. This is the ume Interval from receipt of a telephone call from'someone reporting an emergency unulthe dIspatcher activates the fIre station alerting system. ,. Turnout time shall be 60 seconds or less 90% of the time. This is the time interval from station alerting until the fire apparatus is en route to the emergency. .,. Drive time from Ere station locations to arrival at emergency incidents shall be 5 minutes or less 90% of the time This is the time interval from en route of the closest apparatus that is dispatched until arrival at the emergency incident. Other Recommended Actions ;;.. Automate the emergency medical pre-arrival and priority dispatching system. DIspatchers currently have a manual card system that they utilize to give rudimentary medical instructions over the telephone to untrained persons assisting an injured or ill victim. The automated systems provide a more efficient platform to gi \:e this critical information with a higher degree of accuracy. In addition to the pre-arrival instructions, automated systems coordinate the medical necessity with the type and number of emergency apparatus that need to be dispatched to the emergency, whether or not to respond with lights and sirens, with Advanced Life Support (paramedics on fire apparatus); Basic Life SuppOrt (EMT on ambulance), or non-emergency transportation to clinics or physiCIans. Again, the automated version allows for a more efficient dispatch as well as a higher degree of accuracy. -,. Adopt a fIre station siling plan that IS consistent WIth the 5-minute drive time standard. A 5-minute drive time station siting plan calls for the addition of a 12th fully staffed fire station in the Verdemont area. In addition, there will need to be a relocation of 4 stations. Therefore, there would be a cost to build 5 fire stations and to staff one of them; below isa detail listing of the appro;x;jmatc costs: -- e e le-OJ-IOOS 04:09pm From-CITY OF SAN 9E~NAROINO PLANNING OEPT 9093845080 H08 POll/Oil HOT ,;it" r . -' : .. . 1 2 " 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION ~113 . RESOLUTION OF THE MAYOR AND COMMON COL'NCIL OF THE CITY OF SAN BERNARDL"O, ESTABLISHING CERTAIN EMERGENCY RESPONSE TIME, STANDARDS CONTINGENT UPON THE A V AILABILJTY OF FUNDS. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BER.~ARDl:'i'O AS FOLLOWS: SECTION 1. The following emergency response lime standards are hereby established, contingent upon the availability of funds, for the San Bernardino City Fire Depanment: 1, Dispatch processing time shall be sixty seconds or less ninety percent of the time. 2. Tumouttime shaH be sixty seconds or Jess nmety percent of the time. 3. Drive time from fire station locations to arrival at emergency incidents shall be 5 minute,s or Jess 90% of the time. This is the time interval from er. route of the closes! appar81!Js that is dispatched until arrival at the emergency incident. //11/ /1/// I//!/ Ili// llifl II/I! II/II /I/!/ /1//1 1/111 10-03-1006 04:09pm From-CITY OF SAN BERNARDINO PLANNING DEPT e- e e 1 2 3 4 5 6 7 .8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 2.3 24 25 26 27 28 9093845080 T-l08 POll/Oil HD, .. - .' .. 2000-113 RESOLUTION OF THE MA YOK AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO. ESTABLISHING CERTAIN EMERGENCY RESPONSE TIME STANDARDS CONTINGENT UPON THE A V All.ABILITY OF FUNDS. I HEREBY CERTIFY that the fo~going resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a JOillt Regular meeting thereof. held on the 15 th day of ~18Y , 2000, by the following vote, to wit; COL'NClLMEMBERS AYES :-lAYS ABSTAIN ABSE~T ESTRADA x LlE"" x ,,1C GNNIS x SCHNETZ X SUAREZ x x At'lDERSON MCCAMMACK X The foregoing resolution is hereby approved this /6~ay of Hay 2000. ~~~ Estber Eserada Mayor fTO Tem. Approved as to form and legal content: JAMES F. PENMAN City Attorney ~6~ Rae 1 G, Clark, CMC City Clerk I) " By: th~ ';21[,-~ U '. e- SECTION 2 e Memorandum of August 3, 2006 Fire Station 232, Verdemont e e- e e' SAN BERNARDINO CITY FIRE DEPARTMENT Interoffice Memorandum To: Fred Wilson, City Manager From: Mike Conrad, Acting Fire Chief Subject: Fire Station 232, Verdemont Date: August 3, 2006 The purpose of this memo is to explain the rationale used in determining the need for Fire Station 232 and to re-confirm the validity of this reasoning today. In 2000, the City Council approved Fire Department Emergency Service and Delivery Management and Planning Standards. Included in these standards is a requirement that the drive time from a Fire Station to an emergency be 5 minutes or less 90% of the time. This standard is generally accepted industry wide as appropriate in providing for the public safety. The adoption of this "drive standard" helped to determine new fire station location and proposed the relocation of some existing stations. Through a comprehensive research effort, the most appropriate station locations were determined-in response to population growth. At this point, the need for a new Fire Station in the Verdemont area was identified. Since the initial study was completed in 2000, the need for Station 232 has only increased. Residential and commercial development has continued at a rapid pace, introducing more and more people into the area. Traffic along the 1-2 I 5 corridor has increased; causing additional traffic related emergencies. Finally, as the construction of new neighborhoods approaches the National Forest boundary, the potential for devastating wildfire in the wildland/urban interface increases requiring an enhanced response capability. I addition to the information already presented, we must also take into account our most recent Insurance Services Office (ISO) rating reported in the year 2000. Our rating is currently in the Class 3 category. Many factors, including response time and number of trained fire personnel arriving at scene, are used to calculate the City's ISO rating. If Station 232 did not exist and development were to continue in the area, it is likely that our ISO rating may drop to Class 2, which translates into a 5% to 10% increase in residential and commercial insurance costs. As development continues in the VerdemontlPalm area of the City, Fire Department calls for service will increase with the increased human presence. It is even possible that at full build-out, additional personnel and equipment may be needed to satisfY the emergency response demands. The construction of Station 232 provided a valuable asset to our City's emergency response capabilities and becomes increasingly important as time passes. MC/sm e- -- I I SECTION 3 e "Tentative Parcel Map 17052 / Development Permit II 04-54" Memorandum of February 2,2006 e e- e e SAN BERNARDINO CITY FIRE DEPARTMENT INTEROFFICE MEMORANDUM To: Valerie Ross, Deputy Director Development Services From: Doug Dupree, Fire Marshal RE: Tentative Parcel Map 17052/ Development Permit II 04-54 Subject: Fire Service Verdemont, Community Facilities District 1033 Date: February 2, 2006 Copies: Geri Franske, Fire Plans Examiner The addition of new residential and commercial development will result in adverse environmental impacts to the Verdemont area, because growth and new construction adversely affects the ability of the City to provide emergency fire services. The proposed development will result in construction of 2 industrial buildings on 10.33 acres, exacerbating the need for such fire station. In this regard new development creates new demands for emergency fire services either by increasing the amount of services needed in a particular area of the City such as Verdemont, or by increasing the types of services required for an area. For example, the level of calls for service increases as a result of growth and new construction. New construction increases the number of square feet served, as well as the number of people who require fire services. Staff levels must increase to accommodate the increase in the number of service calls and to provide adequate service to the City. .Sufficient equipment must be provided to service the expanded service areas of the City. Further, the increased need for service necessitates the construction and funding of additional facilities in order that fast and efficient service may be provided. Accordingly, any new development will result in additional service demands that will be placed on the City to provide continued fire protection service within the Verdemont Area and surrounding regions in accordance with the City's 'fire emergency development standards, as such new development continues to occur in areas northerly of existing fire station service areas. The Mayor and Common Council have adopted "Fire Department Emergency Service Delivery Management and Planning Standards", which set forth specific standards for the delivery of fire services, including, but not limited to, a drive time from fire station locations to arrival at emergency incidents of 5 minutes or less, 90% of the time. ,- e- e e The City's fire station siting plan called for the development of a fully staffed fire station in the Verdemont area, in order to render emergency fire services available to the Verdemont area consistent with those available to other areas of the City and with the standards for the delivery of such services. From an environmental standpoint, the need or provision of new or physically altered facilities to maintain acceptable service ratios, response times or other performance objectives for fire protection services is a potentially significant adverse physical impact for purposes of the California Environmental Quality Act (Public Resources Code Section 21000!;! ~., "CEQA"). It is appropriate to impose some of the cost of the increased burden of providing fire services necessitated by such development directly upon the sponsors of such new development. New development in the V erdemont Area should accordingly be required to pay for a portion of the costs of the operations and maintenance of the Verdemont Fire Station. Requiring the mitigation condition to be part of the conditions of approval for the industrial property will help to offset the new demand caused by the new development, and is an appropriate means to accomplish the mitigation of potentially significant, substantial adverse environmental impacts under CEQA. 2 e- SECTION 4 e e e- e e /07 CITY OF SAN BERN~RDINO - REQUEST FOR (,.,JUNCIL ACTION ffj From: Fred Wilson, City Administrator Subject: Resolution of the Mayor and Common Council of the City of San Bernardino Approving Form of Mitigation Agreement in the Verdemont Fire Station ServiCe Area and Authorizing Execution of the Final Form of Mitigation Agreements with Participating Developers (Community Facilities District No. 1033) Dept: City Administrator Date: April 2, 2004 Meeting Date: 4/19/04 Synopsis of Previous Council Action: 09/02/03 - Mayor and Common Council authorized staff to proceed with preparation of documents and appropriate Municipal Code amendments to impose a special tax district for the operation and maintenance of the proposed Verdemont Fire Stanton on new development only. 12/15/03. Resolution was approved by of the Mayor and Common Council of the City of San Bernardino declaring the intention to establish a community facilities district for the ongoing operation and maintenance of a fire station for the Verdemont area. Recommended motion: Adopt Resolution. ~ I ~. 1I1.L{e!.~ Signature (,t~) Contact person: Teri Baker Phone: 5122 Supporting data attached: Staff Report, Resolution, Agreement FormWard: 5 FUNDING REQUIREMENTS: Amount: None Source: (Accl. No.) (Accl. Description) Finance: Council Notes: "JBloy, Agenda Item No. ~ e- e e CITY OF SAN BERt~ARDINO - REOUEST FOR CuUNCIL ACTION STAFF REPORT Subiect: Resolution of the Mayor and Common Council of the City of San Bernardino Approving FOIlD of Mitigation Agreement in the Verdemont Fire Station Service Area and Authorizing Execution of the Final Form of Mitigation Agreements with Participating Developers (Community Facilities District No. 1033) Backl!rouod: In light of the recent fires which ravished the City, especially in this area, providing a fire station within the Verdemont Fire Station Service Area is paramount to the health and safety of the citizens. New development within the Verdemont Fire Station. Service Area will exacerbate the existing need for additional fire protection services, a significant adverse impact under the California Environmental Quality Act ("CEQA", Public Resources Code Section 21000 et sea.) Accordingly, the City has the right to mitigate this adverse impact prior to approving any development, either through inclusion of such development in a community facilities district pursuant to the "Mello-Roos Community Facilities Act" (Government Code Section 53311 et sea.) or by the payment of a "mitigation fee" (i.e.,. an "In-Lieu Fee" as described in the proposed Mitigation Agreement) pursuant to Government Code Section 66474. Resolutions to commence fOllDation proceedings for a community facilities district ("Community Facilities District No. 1033", or "CFD No. 1033") to pay for a portion of the Verdernont Fire Station operations and maintenance will be provided to the Mayor and Common Council at the next Council Meeting. The special tax ofCFD No. 1033 and the Verdemont Fire Station operations In-Lieu Fee would each only apply to newly developed projects in the Verdemon.t Fire Station Service Area and not to any existing development. Based on certain assumptions used to determine the special tax rate for new residential development on an annual basis in addition to the special tax rate for new industrial, commercial and retail projects, the initial year tax rate for new residential units is $350 per dwelling unit and $2,445 per acre for new industrial, commercial and retail projects, adjusted annually over the course of the special tax, i.e. thirty (30) years. The special tax is subject to an annual increase, which may not exceed 2% per year. By comparison, the upfront mitigation In-Lieu Fee would be equal to $6,349.88 for each new residential dwelling unit and $44,358.47 per acre for each new industrial, commercial and retail project within the Verdemont Fire Station Service Area. The proposed fOIlD of the Mitigation Agreement attached to this Resolution provides that each developer of a new project in the Verdemont Fire Station Service Area, which is subject to CEQA, may either elect to include the developer's property in CFD No. 1033 (thereby agreeing to make such property subject to the CFD No. 1033 special tax), or to pay the In-Lieu Fee. . 4828.28374784.1 e- e e CITY OF SAN BERt,ARDINO - REQUEST FOR CuuNCIL ACTION STAFF REPORT' This Mitigation Agreement ("Proposed Development") alsoinc1udes a "Rate and Method of Apportionment of the Special Tax" (based on the aforementioned parameters), and the Mitigation Agreement is in recordable form (so that its payment provisions become a binding covenant on the property). In the event that the developer fails for any reason to participate in the formation or annexation proceedings for crn No. 1033, as applicable, the Mitigation Agreement provides that the developer shall then be required to pay the In- Lieu Fee. Following formation proceedings, each developer of a new project in the Verdemont Fire Station Service Area will have the ability to either elect to annex into the CFD No. 1033 or pay the In-Lieu Fee. This Resolution approves the Mitigation Agreement in substantially the form as attached to the Resolution, and authorizes the execution of the Mitigation Agreement with participating developers subject to non substantive changes as authorized by Staff in consultation with the City Attorney and Special Legal Counsel. Fiscal ImDact: It has been assumed that the City will be required to pay a substantial portion of the operating expenses for the Verdemont Fire Station until such time as a significant amount of new development has occurred in the Verdemont Fire Station Service Area. It is possible that upon full build-out of the Verdemont Fire Station Service Area perhaps upwards 000% to 50% of the annual operating and maintenance costs of the Verdemont Fire Station would be paid through the special tax or the Verdemont Fire Station operations In-Lieu Fee, with the City General Fund paying the remaining operations and maintenance expenses annually. Recommendation: Adopt Resolution. 4828.2837-4784.1 e- e e 1 2 3 4 5 6 7 8 .9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2004-107 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING FORM OF MITIGATION AGREEMENT IN THE VERDEMONT FIRE STATION SERVICE AREA AND AUTHORIZING EXECUTION OF THE FINAL FORM OF MITIGATION AGREEMENTS WITH PARTICIPATING DEVELOPERS (COMMUNITY FACILITIES DISTRICT NO. 1033) WHEREAS, the City of San Bernardino, California (the "City"), is a municipal corporation and charter city, duly organized and existing pursuant to the provisions of the Constitution of the State of California; and WHEREAS, currently there are areas within the City which are not provided with adequate fire and safety protection in light of the recent fires which ravished the City, and new development within the Verdemont area of the City, because of inadequate fire protection,. will cause substantial adverse environmental impacts; and WHEREAS, it is in the best interest of the City to provide additional fire and safety protection prior to any new development as well as provide for a guaranteed means to pay for such ongoing protection and assure the availability of fire station services of the City to serve such new development; and WHEREAS, prior to the approval of any sub<livision map or other construction, the City may require future development within the City to mitigate such substantial adverse environmental impacts pursuant to the California Environmental Quality Act (CEQA Public Resources Code Section 21000 et seQ.), either through inclusion of such development in a community facilities district pursuant to the "Mello-Roos Community Facilities Act" (Government Code Section 53311 et ~.) or by the payment of a "mitigation fee" (Le., an "In-Lieu Fee") pursuant to Government Code Section 66474; and WHEREAS, the Mayor and the Common Council have commenced formation proceedings for the establishment of a community facilities district ("Community Facilities District No. 1033", or "CFD No. 1033"), which CFD No. 1033 is designed to pay for a portion of the Verdemont Fire Station operations and maintenance through the imposition ofa special tax on all subject property within CFD No. 1033; and WHEREAS, at this time the Mayor and the Common Council wish to approve the proposed form of a "Mitigation Agreement", which Mitigation Agreement provides that each owner/developer of a new project in the Verdemont Fire Station Service Area may either elect to include the owner's/developer's property in CFD No. 1033 (thereby agreeing to make such property subject to the CFD No. 1033 special tax), or to pay the In-Lieu Fee as described in the Mitigation Agreement, and to authorize the execution of said Mitigation Agreement. 4815.7008.3584.1 1 2004-107 e- e e 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2004-107 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING FORM OF MITIGATION AGREEMENT IN THE VERDEMONT FIRE STATION SERVICE AREA AND AUTHORIZING EXECUTION OF THE FINAL FORM OF MITIGATION AGREEMENTS WITH PARTICIPATING DEVELOPERS (COMMUNITY FACILITIES DISTRICT NO. 1033) I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a j t. regular meeting thereof, held on the 19th day of April , 2004, by the following vote, to wit: Council Members: AYES ABSTAIN ABSENT NAYS ESTRADA x LONGVILLE x MCGINNIS X DERRY X KELLEY X JOHNSON x McC~ACK x D..~1. I ;6, V.IlJ. C~~ The foregoing resolution IS hereby approved this April ,2004. "2 \ ~r day of Approved as to Form and legal content: ~(t...~~ ~t Valles, Mayor C7 of San Bernardino 3 4815.7008.3584.1 e- e e 2004-107 ATTACHMENT "I" ) ) ) City of San Bernardino ) 300 North "0" Street, 6111 Floor ) San Bernardino, CA 92418 ) Altn: Deputy Director/City Planner ) ) ) ) ) ) Recording requested by and when recorded mail to: Exempt: Government Code ~ 6103 Space above this line for Recorder's use only AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND RELATIVE TO MITIGATION OF FIRE STATION SERVICE IMPACTS THIS FUNDING AND MITIGATION AGREEMENT ("Agreement") dated as ot: , 2004 is entered into by and between the City of San Bernardino, a charter city and a public body, corporate and politic (the "City"), and , a corporation, (the "Landowner"). WITNESSETH: WHEREAS, the Landowner is the owner of the property described in Exhibit "A" and depicted in Exhibit "B" hereto (the "Property") which the Landowner proposes to develop _ number of [dwelling units/acres of non-residential development] (the "Proposed Development"); and WHEREAS, currently there are areas within the City which are not provided with adequate fire and safety protection in light of the recent fires which ravished the City, and new development within the V erdemont area of the City, because of inadequate fire protection, will cause substantial environmental impacts; and WHEREAS, it is in the best interest of the City to provide additional fire and safety protection prior to any new development in the Verdemont area, as well as provide for a guaranteed means to pay for such ongoing protection and assure the availability of Fire Station Services (as hereinafter defined) of the City; and WHEREAS, prior to the approval of any subdivision map or other construction in the . Verdemont area, the City may require such future development within the City to mitigate such '. substantial environmental impacts pursuant. to the California Environmental Quality Act e- e e 2004-107 ("CEQA", Public Resources Code Section 21000 et sea.), and Government Code Section 66474(e); and WHEREAS, the Landowner is seeking approval of the Proposed Development by the City; and WHEREAS, the City, subject to receipt of funds pursuant to this Agreement, intends to provide for payment for a portion of the operations and maintenance of fire protection and suppression services ("Fire Station Services") as authorized pursuant to Section 53313 of the Mello-Roos Community Facilities District Act of 1982, as amended (the "Act"), for the Proposed Development and intends to form, or has formed and intends to annex property to, a cornmunity facilities district ("CFD No. 1033"), and is amenable to including the Property, pursuant to the Act, in CFD No. 1033 in either "Formation" or "Annexation" proceedings, whichever is applicable, to pay for such Fire Station Services to serve the Proposed Developme!lt; and WHEREAS, the City and the Landowner intend that partial funding of Fire Station Services required to serve the development within the Property shall be provided on a timely basis by means of payment through CFD No. 1033 as provided in this Agreement. NOW, THEREFORE, in consideration of the terms and conditions herein set forth, the City and the Landowner DO llEREBY AGREE AS FOLLOWS: ~ 1. Definitions. As used in this Agreement, all capitalized terms shall have the meanings set forth in Section A of Exhibit "c" or the following meanings, whichever is applicable: "Annexation" means (in the event that CFD No. 1033 has been formed) the annexation of the Property to CFD No. 1033 as provided under Section 53339 of the Act. "CFD No. 1033" means the community facilities district to be formed by the City pursuant to the Act and known by that name. "City" means the City of San Bernardino, California. "Completion of Annexation to CFD No. 1033" shall be deemed to have occurred upon the. occurrence of the following: (i) the annexation of the Property (if the Property is to be included in Annexation proceedings) to CFD No. 1033, including the authorization for the levy by CFD No. 1033 of the Special Taxes; (ii) the approval by the qualified electors of CFD No. 1033 of the levy of the Special Taxes; (Hi) the expiration of the statute of limitations provided in Section 53359 of the Act, and (iv) the effective date of the first applicable validating legislation by the State of California. "Completion of Formation ofCFD No. 1033" shall be deemed to have occurred upon the occurrence of the following: (i) the inclusion of the Property within CFD No. 1033 (if the Property is included in Formation proceedings), including the authorization for the levy 4821-6750-9248.1 . 2 e- e e 2004-107 by CFD No. 1033 of the Special Taxes and (ii) the approval by the qualified electors of CFD No. 1033 of the levy of the Special Taxes, (iii) the expiration of the statute of limitations provided in Section 53359 of the Act, and (iv) the effective date of the first applicable validating legislation by the State of California. "Formation" means the establishment of CFD No. 1033 including the Property (in the event the Property is to be included in Formation proceedings) pursuant to the Act. "In-Lieu Fee" means a payment to be made as provided under Section 2.1 prior to the approval of each tentative or parcel map for residential development in the amount of $6,349.88 per dwelling unit, whether for a single family or a multi-family unit, and prior to the approval of each tentative or parcel map for commerciallretaillofficelindustrial zoning classifications in the amount of$44,358.47 per acre of development as set forth on a site plan of development, which amounts shall increase by an amount not to exceed 2% per Fiscal Year commencing July I, 2004, and each July 1 thereafter through July I, 2033. The amounts of the In-Lieu Fee shall not increase after July 1,2034. "Project" means any project undertaken for the purpose of development involving the approval or issuance of any permit or entitlement for use by any governmental agency and includes all such permits and entitlements for use whether classified as quasi-legislative, quasi-judicial or ministerial in nature, including, but not limited to, the adoption, amendment, approval or issuance of any general plan, specific plan, master plan, zoning ordinance, tentative subdivision map, tentative parcel map, final subdivision map, final parcel map, variance, conditional use permit, site plan, plot plan, development plan, annexation, public utility connection, building permit and certificate of occupancy. "Fire Station Services" means operations and maintenance of fire suppression and protection facilities, to serve needs created by development within the boundaries of CFD No. 1033. "Special Tax" or "Special Taxes" means the" Special Tax" as defined in Exhibit "C" including any whole or partial prepayment thereof as provided in Section F of Exhibit "C", "State" means the State of California. 2. Mitil!ation of Fire Station Services. 2.1 Formation off Annexation to the Mello-Roos District. In consideration for the City providing Fire Station Services to serve the Property the Landowner agrees to participate and execute all documents requested by the City relative to the inclusion of the Property within CFD No. 1033 and the Special Taxes of CFD No. 1033 as described in Exhibit "C", in which event City agrees to include the Property in the Formation of, or Annexation to, CFD No. 1033, whichever is applicable, at the earliest practicable date. The inclusion of the Property in CFD No. '1033 shall be on the basis of the parameters set forth in Exhibit "C" with respect to the Rate and 4821-6750-9248.\ 3 I e.- e a. -, 2004-107 Method of Apportionment of the therein described Special Taxes. The Landowner, and its successors and assigns, shall be deemed to have fulfilled and mitigated their entire obligation to assist in paying for Fire Station Services to serve the development of the Property, so long as the provisions of this Agreement are complied with by the Landowner, upon the occurrence of the Formation of, or Annexation to, CFD No. 1033, or, in the event that the Landowner fails to participate with and execute all documents requested by the City relative to the inclusion of the Property in CFD No. 1033, then the Landowner shall be obligated to pay the In-Lieu Fee pursuant to the terms of this Agreement. The Landowner hereby acknowledges that there are certain costs associated with the inclusion of the Property in the Formation ofCFD No. 1033 or the Annexation to CFD No. 1033 (whichever is applicable to the Property). In this regard the Landowner and the City agree that any costs relative to the Formation or Annexation, as applicable, proceedings shall be borne by the Landowner. Landowner specifically acknowledges that the cost to the City relative to such Formation or Annexation proceedings shall include, but shall not necessarily be limited to, costs of preparation of relevant documentation, recording fees, if any, reasonable engineering and attomeys fees, and similar and related costs. 2.2 Landowner Consent and Waivers. Landowner hereby requests that the Property be included, at the earliest possible date, in CFD No. 1033. Landowner hereby consents to the inclusion of the Property in CFD No. 1033 and to the levy and collection of the Special Tax for CFD No. 1033 and hereby waives any and all rights to challenge the Formation of, or Annexation to, CFD No.1 033, the proceedings to include the Property, the levy and collection of the Special Tax for CFD No. 1033 and any and all other proceedings related thereto. Landowner represents that it is the person legally entitled and lIuthorized to cast the ballots attributable to the Property in the landowner, mailed-ballot election to be conducted within CFD No.1 033 to determine, among other things, whether certain land, including the Property, shall be included in CFD No.1 033 and shall be subject to the Special Tax. Landowner consents to the assessment of the Special Tax on the Property in the amount of$350.00 per parcel for Residential property per year and $2,445 per parcel for Commercial, Retail, Office or Industrial property per year (2004 Special Tax amounts, subject to adjustment in accordance with Section C.I of the Rate and Method of Apportionment attached hereto as Exhibit "cn) and waives the requirements for notice and hearing on the imposition of said Special Tax, and waives any and all minimum time periods relative to the election pursuant to Government Code Section 53326(a). Further, the Landowner hereby waives the following: 4821-6750-9248.1 4 e- . e 2004-107 a) the preparation and distribution of an impartial analysis of the ballot measure,. as well as arguments in favor and against, under the authority of Government Code Section 53327(b); b) the requirements regarding the time to mail ballots to the qualified electors under Elections Code Section 4101, and agrees that the Landowner or Landowner's designated representative may accept either mailed service or personal service of the ballots; c) the requirements regarding identification envelopes for the return of mailed ballots contained in Government Code Section 53327.5; d) any and all defects in notice or procedure in the conduct of the election, whether known or unknown (except the right to vote and to have the ballots fairly counted), and Landowner hereby further states that the election is being expedited, pursuant to this waiver and consent, at the particular instance and request of the Landowner. 2.3 Other ProDerties. In order to equalize treatment of landowners seeking to develop within the City boundaries, the City agrees to use its best efforts to enter into agreements comparable to this Agreement with the owners of other properties within the City in order to obtain financial commitments for Fire Station Services from them at least equal to that committed to by the Landowner hereby; provided, however, if, notwithstanding the use of such best efforts, the City is unable to enter into such agreements, such inability shall not constitute a breach of this Agreement. 2.4 Landowner's Covenant. The Landowner hereby covenants to the City that the Landowner shall provide, or by contract with any developer or merchant builder of any part of the Property require to be provided, the "Notice of Special Tax" required by Section 53341.5 of the Act or any similar successor statute. The Landowner expressly acknowledges that the City and CFD No. 1033 shall have no duty or obligation and shall incur no liability, jointly or severally, with respect to the foregoing covenant of the Landowner. 2.5 Indemnification Regarding Disclosure. The Landowner shall assume the defense of, indemnify and hold harmless the City and CFD No. 1033 and each of their officers, employees and agents from and against any and all actions, damages, claims, losses, expenses or liability arising from, or related to, Landowner's covenant and obligation to disclose the Special Tax to property owners as provided in Section 53341.5 of the Act, or as amended in the future to the extent such information is furnished by the Landowner. 3. Binding on Communitv Facilities District. Upon the Completion of Formation of CFD No. 1033 (or Annexation to CFD No. 1033), CFD No. 1033 shall automatically become a party to this Agreement, and all provisions hereof which apply to the City shall also apply to CFD No. 1033. The Mayor and the Common Council of the City, acting as the legislative body 4821-6750-9248.1 5 e e e 2004-107 of CFD No. 1033, shall perform all parts of this Agreement which require performance on the part ofCFD No.1 033. 4. General Provisions. 4.1 All of the covenants, stipulations, promises and agreements contained in this Agreement by or on behalf of, or for the benefit of, any of the parties hereto, shall bind and inure to the benefit of the successors of the respective parties. 4.2 AssilZIU1lent. (a) No Separate Transfers. No sale, transfer or assignment of any right or interest under this Agreement shall be made unless made together with the sale, transfer or assignment of all or a part of the Property. (b) Notice and Assumption. Concurrent with any such sale, transfer or assignment, or within thirty (30) days thereafter, the Landowner shall notifY the City, in writing, of such sale, transfer or assignment and shall provide City with an executed agreement, in a form reasonably acceptable to the City, by the purchaser, transfer or assignee by which the purchaser, transferee or assignee expressly and unconditionally assumes all duties and obligations of the Landowner in this Agreement with respect to the Property or part thereof conveyed. (c) Consequences of Non-Compliance. Any sale, transfer or assignment not made in strict compliance with paragraph (b) of this Section 4.2 shall constitute a default by the seller, transferor or assignor under this Agreement; provided, however, such default may be cured at any time by the purchaser, transferee, or assignee executing an agreement pursuant to paragraph (b) of this Section 4.2 and no such default shall affect the rights under this Agreement of any other owner of any part of the Property. Notwithstanding the failure of any purchaser, transferee or assignee, to. execute the agreement required by paragraph (b) of this Section 4.2, the burdens of this Agreement shall be binding upon such purchaser, transferee or assignee, but the benefits of this Agreement shall not inure to such purchaser, transferee or assignee until and unless such agreement is executed. 4.3 Amendment and Waiver. This Agreement shall be amended only by a written instrument executed by the parties hereto or their respective successors and assigns. All waivers of this Agreement must be in writing and signed by the appropriate authorities of the parties hereto. 4.4 Severabilitv. If any provision of this Agreement shall be held invalid, illegal or unenforceable by a court of competent jurisdiction, the validity, legality or enforceability of the remaining portions hereof shall not, in any way, be affected or impaired thereby. 4821-6750-9248.1 6 e- e e 2004-107 4.5 Intel!l"ation. This Agreement supersedes any and all other agreements, either oral or in writing, between the parties with respect to the subject matter of this Agreement. 4.6 Notices. Demands and Communication. Formal notices, demands and communications between the City and the Landowner hereunder shall be sufficiently given if (i) personally delivered, (ii) mailed by registered or certified mail, postage prepaid, return receipt requested, or (iii) delivered by Federal Express or other reliable private express delivery service to the principal offices of the City or Landowner, as set forth below. Such written notices, demands and communications may be sent in the same manner to such other addresses as either party may from time to time designate by mail as provided in this Section. Such notices demands or communications shall be deemed received upon delivery if personally served, or upon the expiration of three (3) business days if given by other approved means as specified above: If to the City: City Hall 300 North "0" Street 6th Floor San Bernardino, California 92418 Atm: Deputy Director/City Planner With a copy to: Lewis Brisbois Bisgaard & Smith LLP 650 East Hospitality Lane, Suite 600 San Bernardino, California 92408 Attention: Timothy J. Sabo, Esq. If to the Landowner: 4.7 Attornevs' Fees. In any litigation ansmg out of the breach of this Agreement by any party, the prevailing party in such litigation, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to recover reasonable attorneys' fees and all other reasonable costs incurred in such litigation and allowed by the court. The costs, salary and expenses of the City Attorney, and members of his office, shall constitute attorneys fees for the purposes of this Agreement. 4.8 Intemretation. The terms of this Agreement, including all Exhibits hereto, shall not be construed for or against any party by reason of the authorship of this Agreement, but shall be construed in accordance with the meaning of the language used. The Section headings are for purposes of convenience only, and shall not be construed to limit or extend the meaning of this Agreement. 4.9 Force Majeure. The obligations of any party under this Agreement, and all deadlines by which any party's obligations hereunder must be performed, shall be excused or 'extended for a period of time equal to any prevention, delay or stoppage in performance which is 4821-6750-9248.1 7 e- e 2004-107 attributable to any strike, lock-out or other labor or industrial disturbance, civil disturbance, act of a public enemy, war, riot, sabotage, blockade, embargo, lightning, earthquake, fire, storm, hurricane, tornado, flood, explosion, court injunction, moratorium on any necessary public utilities. 4.10 Recordation and Subordination. (a) Recordation. This Agreement or a notice describing the existence of this Agreement and the Property may be recorded by the Landowner or by the District. The parties hereby agree to execute such documents as may be needed to give such notice. (b) Subordination. Any existing monetary encumbrances or options in favor of non-governmental agencies or entities shall be subordinated to this Agreement prior to City certifying to City the availability of the Fire Station Services for the Property. 4.11 Execution. This Agreement may be executed in several counterparts each of which shall be an original and all of which shall constitute but one and the same agreement. 4.12 Mutual Coooeration. Each party to this Agreement agrees to cooperate with the others, to act in good faith, to sign ahy other and further documents, and perform such other acts, as may be reasonably necessary or proper in order to accomplish the intent of this Agreement. No party shall do anything which shall have the effect of harming or injuring the right of any other party to receive the benefits of this Agreement. The parties shall refrain from doing anything which would render their performance under this Agreement impossible or impractical. 4.13. No Third Partv Beneficiaries. This Agreement is made and entered into for the sole protection and benefit of the parties and their successors and assigns. No other person or entity shall have any right of action based on any provision of this Agreement. 1/1/ /1// /1// 1/1/ e 1/1/ 4.14 Exhibits. All Exhibits attached hereto are incorporated into this Agreement by reference. 482\-6750-9248.\ 8 e- e e 2004-107 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written. By: APPROVED AS TO FORM: By: EXHmIT A . LEGAL DESCRIPTION 482\-6750-9248.\ 9 2004-107 e- EXHIBIT B MAP OF PROPERTY I I e e\ 4821-67Sll-9248.\ 10 e- e e 2004-107 EXHmIT C RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX COMMUNITY FACILITIES DISTRICT NO, 1033 CITY OF SAN BERNARDINO This Rate and Method of Apportionment of this Special Tax sets forth the special tax applicable to each Assessor's Parcel within Community Facilities District No. 1033 ("CFD No. 1 033") of the City of San Bernardino ("City") to be levied and collected according to the special tax liability determined by the Common Council of the City, acting as the Legislative Body of CFD No. 1033. The applicable Special Tax shall be determined pursuant to the application of the appropriate amount or rate as described below. All Taxable Property within CFD No. 1033, unless exempted by law, or the provisions of Section E, below, shalI be subject to the applicable Special Tax levied and collected to the extent and in the manner herein provided. This Rate and Method of Apportionment also is provided as an explanation to alIow landowners or residents within CFD No. 1033 to estimate the Special Tax to be annually levied and collected, or prepaid, as the case may be, with regard to property within CFD No. 1033. A. Definitions "Act" means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5 (commencing with Section 53311) of Division 2 of TitIe 5 of the California Government Code. "Administrative Expense" means any costs incurred by the City on behalf of CFD No. 1033 related to the determination of the amount of the annual levy ofthe Special Tax, the collection of the Special Tax, the administration of the Bonds of CFD No. 1033, and the other costs incurred in order to carry out the authorized purposes of CFD No. 1033. "Special Tax" means the special tax to be levied in each Fiscal Year pursuant to Sections C. and D. on each Assessor's Parcel for a period not to exceed 30 years including the Initial Fiscal Year. "Assessor's Parcel" means a parcel of land as designated on an official map of the San Bernardino County Assessor which has been assigned a discrete identifying parcel number. "Commercial/Retail/OfficelIndustrial Property" means property zoned for commercial, retail, office or industrial uses or other non-residential uses. "Common Council" means the Common CoUncil of the City of San Bernardino. 4821-6750-9248.1 11 e- e e 2004-107 "Residential Property" means for any Fiscal year all Taxable Property for which a foundation building permit for single family or multi-family units was issued prior to May I preceding the Fiscal Year in which the Special Tax is being levied. "Facilities': means the Fire Station Services as may be identified in the Community Facilities District Engineer's Report prepared for CFD No. 1033 on file in the Office of the City Clerk, or the continued operation and maintenance of the Verdemont Fire Station, including but not limited to payment of compensation of employees, including salaries and benefits, maintenance and operation of fire safety vehicles and the fire station structures, any other expenses required to keep the such equipment and improvements in fit operating condition and any incidental expenses (collectively, the "O&M Expenses") to be financed by CFD No. 1033 pursuant to the Act. "Fiscal Year" means the period starting on July I st and ending the following June 30th. "In-Lieu Fee" means a one-time fee, which fee shall be deposited into an interest bearing reserve account for future O&M Expenses in the following amounts and for which a further explanation of the In-Lieu Fee wiJIbe described in an estimated cost report: Residential Zone $6,349.88 per residential dwelling unit as an In-Lieu Fee Commercial, Retail, Office Zone $44,358.47 per acre of development as set forth on a site plan of development as an In-Lieu Fee Industrial Zone $44,358.47 per acre of development as set forth on a site plan of development as an In-Lieu Fee "Land Use Class" means any of the classes of Property listed in Table I and Table 2, below. "Project" means any project undertaken for the purpose of development involving the approval or issuance of any permit or entitlement for use by any governmental agency and includes all such permits and entitlements for use whether classified as quasi-legislative, quasi-judicial or ministerial in nature, including, but not limited to, the adoption, . amendment, approval or issuance of any general plan, specific plan, master plan, zoning ordinance, tentative subdivision map, tentative parcel map, final subdivision map, final parcel map, variance, conditional use permit, site plan, plot plan, development plan, annexation, public utility connection, building permit and certificate of occupancy. "Taxable Property" means all Assessor's Parcels within the boundaries of CFD No. 1033 which are not exempt from the Special Tax pursuant to the Act and the'provisions of Section E. herein. ., 4821-6750-9248.1 12 e- .e e, 2004-107 B. Assignment to Land Use Classes As soon as practicable, as of May 1 for the next succeeding Fiscal Year, all Taxable Property within CFD No. 1033 shall be categorized as Residential Property or either Commercial/Retail/Office/lndustrial Zone Property. Taxable Property shall be subject to a Special Tax pursuant to Sections C. and D. below. C. Special Tax 1. Residential Property The Special Tax for each Assessor's Parcel classified as Residential Property shall be the amount. determined by reference to Table 1 and the paragraphs that follow Table 1. Table 1 Special Tax Rates for Residential Property (For the Fiscal Year 2004-05) Land Use Class Special Tax Per Unit (2004-05) Land Use Descriotion I 2 Single Family Detached Unit Multi-Family Unit/Attached Dwelling Unit $350.00 $350.00 In determining the Special Tax which may be levied in any Fiscal Year, on July 1, 2004, and on each July I thereafter, the Special Tax shall be increased by an amount not to exceed 2 % of the amount in effect for the previous Fiscal Year, until July 1, 2034. After July 1, 2034, no further escalation of the Special Tax shall occur. 2. Commercial/RetaiVOflice/Industrial Zone Property The Special Tax for each Assessor's Parcel classified as either Commercial, Retail, Office, or Industrial Zone Property shall be the amount determined by reference to Table 2 and the paragraphs that follow Table 2. Table 2 Special Tax Rates for Commercial/Retail/Office/Industrial Zone Property (For the Fiscal Year 2004-05) . Land Use Class Special Tax Per Acre (2004-05) Land Use Descriotion 4821-6750-9248.1 13 e- e e F. 2004-107 3 4 5 6 Commercial Retail Office Industrial $2,445.00 $2,445.00 $2,445.00 $2,445.00 In determining the Special Tax which may be levied in any Fiscal Year, on July I, 2004, and on each July 1 thereafter, the Special Tax shall be increased by an amount not to exceed 2 % of the amount in effect for the previous Fiscal Year, until July I, 2034. After July I, 2034, no further escalation of the Special Tax shall occur. D. Method of Apportionment of the Special Tax Commencing with Fiscal year 2004-05, and each Fiscal Year thereafter, the Council shall determine the Special Tax to be collected from Taxable Property in CFD No. 1033. The Council may levy the Special Tax on all Assessor's Parcels of Development Property by levying the Special Tax for Land Use Classes 1,2,3,4,5 and 6. E. Limitations The Council shall not levy a Special Tax on properties owned by the State of California, federal or other local governments, except as otherwise provided in Sections 53317.3 and 53317.5 of the Act. Property which becomes the property of the State of California, the federal government or other public agency is liable for the Special Tax levied in the Fiscal Year during which such transfer occurs and will be subject to the Special Tax in each Fiscal Year thereafter under the original Land Use Class for such Assessor's Parcel. Such Assessor's Parcel may be exempted, at the direction, and in the discretion, of the Council in any Fiscal Year. Prepayment of the Special Tax Any owner of property within CFD No. 1033 may discharge the Special Tax obligation in full or in part, by making payment pursuant to the applicable Sections F. 1. or F. 2 as follows: 1. Upon the Approval of a Tentative or Parcel Map At the time of approval of a tentative or parcel map, the owner of such residential unit may prepay the Special Tax in full or in part by making a cash payment to CFD No. 1033, in which case the Special Tax for the Initial Fiscal Year, and each Fiscal Year thereafter, shall be reduced according to the following steps: a. Determine the maximum prepayment if the owner were to prepay the Special Tax in entirety. For Projects approved prior to July I, 2005, the 4821-6750-9248.1 14 e- e e 4821-6750-9248.1 2004-107 maximum prepayment for each residential unit is $6,439.88 and for each acre of development as set forth. on a site plan of development for Commercial/Retail/Offipe or Industrial zone property is $44,358.47. For Projects approved on or subsequent to July 1, 2005, the maximum prepayment shall increase by an amount not to exceed 2% per annum, commencing July I, 2005, and each July 1 thereafter until July 1,2034, upon which date the maximum prepayment shall be fixed and shall not thereafter increase. b. Determine the property's revised Special Tax by multiplying the property's applicable Special Tax for the Initial Fiscal Year determined pursuant to Section C. 1. by one minus the quotient obtained by dividing the cash payment made by the owner pursuant to this Section F. 1 .b. by the maximum prepayment obligation determined pursuant to Section F. 1 .a. The property's revised Special Tax for the Initial Fiscal Year, and each Fiscal Year thereafter, shall be the Special Tax for the applicable land use designation (Residential or Commercial/Retail/OfficelIndustrial zone Property) for purposes of Sections C. and D. herein. 2. After tbe Approval of tbe Tentative Map/Parcel Map After the time a tentative or parcel map has been approved, and prior to May 1 for the next succeeding Fiscal Year, the owner of such parcel may prepay the Special Tax in full or in part by making a cash payment to CFD No. 1033, in which case the Special Tax for the applicable Fiscal Year, and each Fiscal Year thereafter, shall be reduced according to the following steps: a. Compute the present value of the Special Tax using a period equal to the lesser of the remaining term for which the Special Tax may be levied on such parcel; then b. Multiply the amount determined in Section F.2.a; above, by the owner's desired prepayment percentage (which shall be a minimum of twenty percent (20%) of the present value of the total Special Tax) to determine the prepayment amount subject to additional adjustments as specified below; then c. Add the following to the result of Section F.2.b.: i) Unpaid special taxes, interest and penalties, if any, which have been entered on the Assessor's tax roll; and iv) a $75 administrative charge per Assessor Parcel. IS e- e - 2004-107 d. The Special Tax applicable to property utilizing a prepayment percentage less than 100% percent shall be revised in the Fiscal Year following the date of prepayment by multiplying such property's Special Tax by the prepayment percentage actually determined in Section F.2.b. Such property's revised Special Tax for the Fiscal Year following the date of prepayment, and each Fiscal Year thereafter, shall be the Special Tax for such property for purposes of Sections C. and D. herein. In addition, the Special Tax and the In-Lieu Fee shall be recalculated annually to reflect (i) any changes in the O&M Expenses, (ii) the annexation of additional property into the District, (iii) the payment of the O&M Expenses, or any portion thereof, with funds other than the Tax, (iv) the amount of In-Lieu Fees available to be applied for the applicable' for which the calculation is being made, and (v) any other changes which may affect the estimated O&M Expenses for such year, except that in no event shall the In-Lieu Fee be increased by more than 2% per year nor shall the Tax be increased by more than 2% per year, based upon a cost inflation formula to be continued in the Estimated Cost Report and the Engineer's Report and made a part of the formation documents for the District, from the previous year for any property located within the District that was previously assessed and chargeq with the Tax in the immediately preceding year; and G. Manner of Collection The Special Tax will be collected in the same manner and at the same time as ordinary ad valorem real property taxes. The Special Tax shall be subject to the same penalties and the same procedure, sale and lien priority in case of a delinquency as provided for with ad valorem taxes. The collection of the Special Tax shall otherwise be subject to the provisions of the Act. The Common Council reserves the power to provide for alternative means of collection of special taxes as permitted by the Act. H. Termination of Special Tax Levy Provided that Special Taxes previously levied on an Assessor's Parcel are not delinquent, the lien of special taxes of CFD No. 1033 shall terminate as to such Assessor's Parcel at the close of the thirtieth (30) Fiscal Year following the beginning of the Initial Fiscal Year for such Assessor's Parcel. Furthermore, provided an owner'within CFD No. 1033 fully and completely discharges their special tax obligation pursuant to Sections F.l and/or F.2, the lien of special taxes ofCFD No. 1033 shall terminate. Pursuant to Section 53330.5 of the Act, the Council shall, upon written request, cause to be recorded in the official records of San Bernardino County a Notice of Cessation of Special Tax Lien for each Assessor's Parcel upon termination of the lien on such Assessor's Parcel. I. Review/Appeal Board 4821-6750-9248,1 16 e- e e 2004-107 The Council shall establish, as part of the proceedings and administration of CFD No. 1033, a special Review/Appeal Board. Any landowner who feels that the amount of the Special Tax, as to their Assessor's Parcel, is in error may file a notice with the Review/Appeal Board appealing the amount of the levy. The Review/Appeal Board shall interpret this Rate and Method of Apportionment of the Special Tax and make determinations relative to the annual administration of the special tax and any landowner appeals, as herein specified. 482\-6750.9248.\ 17 e- e e 2004-107 ST ATE OF CALIFORNIA ) ) ss. ) COUNTY OF SAN BERNARDINO On before me, personally appeared (here insert name and title of the officer) personally known to be (or proved to me on the basis of satisfactory evidence) to be the person)s) known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hislher/their authorized capacity(ies), and that by hislher/their signatures(s) on the instrument the person(s), or the entity upon of which the person(s) acted, executed the Instrument. WITNESS my hand and official seal. Signature Notary Public 4821-6750.9248.1 18 e- e e 2004-107 ) ) ss. ) STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO On , before me, personally appeared (here insert name and title of the officer) personally known to be (or proved to me on the basis of satisfactory evidence) to be the person.)s) known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hislher/their authorized capacity(ies), and that by hislher/their signatures(s) on the instrument the person(s), or the entity upon of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature \ 4821.6750-9248.1 Notary Public 19 e- e SECTION 5 Resolution No. 2004-104 e e- e e 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2004-104 A RESOLUTION OF THE MAYOR AND COMM,ON COUNCIL OF THE CITY OF SAN BERNARDINO DECLARING INTENTION TO ESTABLISH A COMMUNITY FACILITIES DISTRICT FOR NEW DEVELOPMENT FOR THE ONGOING OPERATION AND MAINTENANCE OF A FIRE STATION FOR THE VERDEMONT AREA AND TO LEVY A SPECIAL TAX WITHIN SAID COMMUNITY FACILITIES DISTRICT, SETTING A PUBLIC HEARING THEREON AND AUTHORIZING THE PUBLICATION AND MAILING OF NOTICE THEREOF (COMMUNITY FACILITIES DISTRICT NO. 1033), AND REPEALING RESOLUTION NO. 2003-361. WHEREAS, the City of San Bernardino, California (the "City"), is a municipal corporation and charter city, duly organized and existing pursuant to the provisions of the Constitution of the State of California; and WHEREAS, currently areas within the Verdemont Area of the City ("Verdemont Area"), generally within the City boundaries located north and northwesterly of University Parkway to the Devore Road exit on the 1-215 Freeway, are not provided with adequate fire and safety protection in light of the recent fires which ravished the City, and new development within the City will cause substantial environmental impacts; and _ W. HEREAS, " ;, ;, tho b", ",,"'" of tho C;ty to .IlI9,;d. ."'H''''''' fire "!1 safet rotection 'or to an new develo men as well as prov~r a guaranteed means to payor suc ongomg pro ectlon; an . WHEREAS, on December 15, 2003, the City approved Resolution No. 2003- 361, which authorized the initiation of proceedings for the formation of a community facilities district for the ongoing operation and maintenance of a fire station to serve future development within the City; and WHEREAS, in the public interest, convenience and necessity it is the intention of the Mayor and Common Council to order the establishment of a community facilities district pursuant to the terms and provisions of California Govemment Code Section 53311 et seq., sometimes commonly referred to as the "Mello-Roos Community Facilities District Act" (the "Act"), which community facilities district shall be known as Community Facilities District No. 1033, City of San Bernardino, California ("CFD No. 1033"), and to levy and collect assessments on new development within CFD No. 1033; and WHEREAS, in compliance with Public Resources Code Section 21000 et. seq., the California Environmental Quality Act ("CEQA"), the City may mitigate such significant adverse economic impacts, including the continuing maintenance and operation of a fire station within CFD No. 1033, by requiring developers to pay a mitigation fee; and e- e e 1 2 3 4 5 6 7 8 .9 10 11 12 13 2004-104 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DECLARING INTENTION TO ESTABLISH A COMMUNITY FACILITIES DISTRICT FOR NEW DEVELOPMENT FOR THE ONGOING OPERATION AND MAINTENANCE OF A FIRE STATION FOR THE VERDEMONT AREA AND TO LEVY A SPECIAL TAX WITHIN SAID COMMUNITY FACILITIES DISTRICT, SETTING A PUBLIC HEARING THEREON AND AUTHORIZING THE PUBLICATION AND MAILING OF NOTICE THEREOF (COMMUNITY FACILITIES DISTRICT NO. 1033) WHEREAS, prior to the approval of any certificate of occupancy for such neV development, the City may require such future development within the City to mitigate such substantial environmental impacts pursuant to Government Code Section 66474(e); and WHEREAS, the City has considered and adopted local goals and policies relative to the use of community facilities districts in accordance with Section 53312.7 the Act, and such goals and policies are on file with and available from the City Clerk; and WHEREAS, proposed CFD No. 1033 anticipates that only properties with new development shall be eligible for inclusion within CFD No. 1033 which are located within the Verdemont Area, and including such other properties with new development that are anticipated to be annexed into the City at a later date, in addition to those precise properties intended to be included within the initial formation ofCFD No. 1033 for which a diagram is attached hereto as Exhibit "An, where such diagram sets forth the precise exterior boundaries of the initial scope ofCFD No. 1033; and 14 15 16 17 18 19 20 21 22 23 24 25 26 WHEREAS, the Verdemont Fire Station shall be located at the intersection of Kendali Drive and Palm Avenue and is presently intended to be constructed with the proceeds of a State of California Infrastructure Bank financing in the principal amount in excess of $2,000,000 to be repaid from funds collected upon payment of the Verdemont Area Infrastructure Fee by new development within the Verdemont Area pursuant to Municipal Code Section 15.73, et seq., and from other funds of the City to the extent necessary, and such Verdemont Fire Station will be operated and maintained to service the fire and safety needs of properties both within the Verdemont Area of the City and CFD No. 1033; and WHEREAS, the new development that is anticipated to occur in the Verdemont Area has created the need for the construction of the Verdemont Fire Station to allow -for the continued development within the Verdemont Area and to meet the additional service demands that will be placed upon the City to provide a continued fire protection service within the Verdemont Area as such new development continues to occur in areas northerly of existing fire station service areas, and that such new development in the Verdemont Area, and not existing development, shall be required to pay for the costs of the operations and maintenance of the Verdemont Fire Station; and WHEREAS, the proposed assessment or special tax (the "Tax") shall be used and applied for the continued operation and maintenance of the Verdemont Fire Station, 27 including but not limited to payment of compensation of employees, including salaries . and benefits, maintenance and operation of fire safety vehicles and the fire station 28 482\-2602-2400.\ 2 1m , e- e e 22 23 24 25 26 27 28 2004-104 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DECLARING INTENTION TO ESTABLISH A COMMUNITY FACILITIES DISTRICT FOR NEW DEVELOPMENT FOR THE ONGOING OPERATION AND MAINTENANCE OF A FIRE STATION FOR THE VERDEMONT AREA AND TO LEVY A SPECIAL TAX WITHIN SAID COMMUNITY FACILITIES DISTRICT, SETTING A PUBLIC HEARING THEREON AND AUTHORIZING THE PUBLICATION AND MAILING OF NOTICE THEREOF (COMMUNITY FACILITIES DISTRICT NO. 1033) 1 2 3 4 5 6 7 WHEREAS, except to the extent funds are otherwise available to pay the entire 8 amount of the O&M Expenses, the Tax shall be levied upon the properties within CFD No. 1033 110t to exceed the annual maximum Derm~ed amounts ~ of the 9 O&M Expenses as may ~etermined by the Mayor and Comm~ such Tali will be secured by recordation of a continuing lien against those properties that are 10 voluntarily included in CFD No. 1033 by the applicable property owner as nonexempt 11 real property in CFD No. 1033, which Tax will be annually levied solely within CFD No. 1033 boundaries as the same may exist from year to year; and 12 13 14 15 structures, any other expenses required to keep the such equipment and improvements in fit operating condition and any incidental expenses (collectively, the "O&M Expenses"); and WHEREAS, CFD No. 1033 shall be divided into zones depending upon the type of use of the land as may be recommended by the City Engineer in the Engineer's Report described herein; and . WHEREAS, pursuant to the estimated project cost report as shall be made available from the City Engineer prior to the time of the formation of CFD No. 1033 16 setting forth projected costs, expenses and assessments for CFD No.1 033 for the initial year of operation of the Verdemont Fire Station (the "Estimated Cost Report"), it is 17 presently estimated that the cost for the first year ofO&M Expenses is $1,525,000 and for which the Tax shall be assessed against all real property as may then be placed 18 within the boundaries ofCFD No. 1033 in the following manner: 19 20 21 (a) Residential Zone: $350.00 per dwelling unit per year whether single family or multi-family unit and such rate shall be subject to an increase not to exceed 2% annually; (b) Commercial, Retail, Office Zone: $2,445.00 per acre per year of development area as set forth in the site plan or parcel map, and such rate shall be subject to an increase not to exceed 2% annually; (c) Industrial Zone: $2,445.00 per acre per year of development area as set forth in the site plan or parcel map, and such rate shall be subject to an increase not to exceed 2% annually; and WHEREAS, if during the first year or any year thereafter the Tax generates sufficient funds to pay for the entire O&M Expenses and any portion of the O&M Expenses are paid from sources other than the Taxes, the amount of such portion paid 4821-2602-2400.1 3 e- e e 1 2 3 4 5 6 7 8 9 10 11 12 13 14 2004-104 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DECLARING INTENTION TO ESTABLISH A COMMUNITY FACILITIES DISTRICT FOR NEW DEVELOPMENT FOR THE ONGOING OPERATION AND MAINTENANCE OF A FIRE STATION FOR THE VERDEMONT AREA AND TO LEVY A SPECIAL TAX WITHIN SAID COMMUNITY FACILITIES DISTRICT, SETTING A PUBLIC HEARING THEREON AND AUTHORIZING THE PUBLICATION AND MAILING OF NOTICE THEREOF (COMMUNITY FACILITIES DISTRICT NO. 1033) Expenses are paid from sources other than the Taxes, the amount of such portion paid from other sources of funds shall first be deducted from the total estimated O&M Expenses and the Tax as levied shall be reduced to include only the remainder of the O&M Expenses, as applicable; and WHEREAS, in lieu of paying the Tax annually, a property owner seeking to develop a parcel within CFn No. 1033 may pay a one time fee (the "In-Lieu Fee") which fee shall be deposited into an interest bearing reserve account for future O&M Expenses in the following amounts and for which a further explanation of the In-Lieu Fee will be described in the Estimated Cost Report: 15 16 17 18 19 Industrial Zone $44,358.47 per 20 development as set forth on a site plan of development as an In-Lieu Fee Residential Zone dwelling unit anln-Lieu Fee $6,349.88 per residential Commercial, Retail, Office Zone $44,358.47 per development as set forth on a site plan of development as an In-Lieu Fee acre of acre of 21 22 23 24 25 26 27 28 WHEREAS, the Tax and the In-Lieu Fee shall be recalculated annually to reflect (i) any changes in the O&M Expenses, (ii) the annexation of additional property into CFn No. 1033, (iii) the payment of the O&M Expenses, or any portion thereof, with funds other than the Tax, (iv) the .amount of In-Lieu Fees available to be applied for the applicable property for which the calculation is being made, and (v) any other changes which may affect the estimated O&M Expenses for such year, except that in no event shall the In-Lieu Fee be increased by more than 2% per year nor shall the Tax be increased by more than 2% per year, based upon a cost inflation formula to be computed in the Estimated Cost Report and the Engineer's Report and made a part of the formation documents for CFn No. 1033, from the previous year for any property located within CFn No. 1033 that was previously assessed and charged with the Tax in the immediately preceding year; and 4821.2602.2400.1 4 e- e e 2004-104 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DECLARING INTENTION TO ESTABLISH A COMMUNITY FACILITIES DISTRICT FOR NEW DEVELOPMENT FOR THE ONGOING OPERATION AND MAINTENANCE OF A FIRE STATION FOR THE VERDEMONT AREA AND TO LEVY A SPECIAL TAX WITHIN . SAID COMMUNITY FACILITIES DISTRICT, SETTING A PUBLIC HEARING 3 THEREON AND AUTHORIZING THE PUBLICATION AND MAILING OF 4 NOTICE THEREOF (COMMUNITY FACILITIES DISTRICT NO. 1033) 5 6 7 8 1 2 WHEREAS, in no event shall the Tax be increased in excess of the annual 2% amount whether as a consequence of any delinquency or default by the owner of any other parcels within CFD No. 1033 or due to the application of a annual inflationary cost adjustment formula; and 9 WHEREAS, in no event shall the Tax against any parcel be increased as a consequence of any delinquency or default by the owner of any other parcel or parcels; and 10 WHEREAS, upon adoption of this Resolution of Intention the Mayor and 11 Common Council shall direct the City Administrator and the City Engineer to cause to be prepared an Engineer's Report which shall include the following studies and 12 findings: 13 14 (a) complete a study of proposed CFD No. 1033 and for which there shall be filed an Engineer's Report with the Mayor and Common Council prior to the time of the' public hearing setting forth the findings made therein; 15 (b) the Engineer's Report shall include a brief description of the services and 16 maintenance of public facilities and the operating costs thereof which will be provided within CFD No. 1033 which shall be the estimated O&M Expenses and which will be 17 incurred as a result of providing the services which will, in the opinion of the City officials preparing such Engineer's Report, be required to adequately meet the needs of 18 CFD No. 1033 for the next five (5) years; 19 20 21 22 23 24 25 26 27 (c) the Engineer's Report shall include an estimate of the cost of providing for the O&M Expenses forthe first five (5) years for each zone within CFD No. 1033, including a brief explanation justifying the amount of the Tax for each zone type and any increase or decrease thereof in subsequent years as well. as the estimated In-Lieu Fee that may be generated for each zone for all years evaluated in the Engineer's Report; and WHEREAS, in the event a Resolution of Formation is adopted pursuant to the procedures set forth in the Act, then not less than 90 days nor more than 180 days from the adoption of such Resolution of Formation, a special election of the qualified electors of proposed CFD No. 1033 consisting of the vacant land intended to be initially placed within CFD No. 1033 shall be held and the City Clerk shall prepare and distribute ballots in accordance with Government Code Section 53326; and 28 4821-2602.2400.\ 5 e- e e 2004-104 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DECLARING INTENTION TO ESTABLISH A COMMUNITY FACILITIES DISTRICT FOR NEW DEVELOPMENT FOR THE ONGOING OPERATION AND MAINTENANCE OF A FlRE STATION FOR THE VERDE MONT AREA AND TO LEVY A SPECIAL TAX WITHIN SAID COMMUNITY FACILITIES DISTRICT, SETTING A PUBLIC HEARING THEREON AND AUTHORIZING THE PUBLICATION AND MAILING OF NOTICE THEREOF (COMMUNITY FACILITIES DISTRICT NO. 1033) WHEREAS, the Tax shall continue until the earlier to occur of (i) the City records a Notice of Cessation of Special Tax pursuant to Section 5333Q.5 of the Government Code or (ii) the fiscal tax year ending June 30, 2034, after which no further Special Tax shall be collected, except for a Special Tax that was levied prior to the final tax year that remains delinquent which may be collected in subsequent years. NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, AS FOLLOWS: Section I. The above Recitals are true and correct in all respects and are incorporated herein by reference. Section 2. The Mayor and Common Council hereby intend to establish a community facilities district and to levy and collect special taxes within Community Facilities District No. 1033 in accordance with Government Code Section 53311, et seq., which provides for the formation of a Mello-Ross community facilities district for the maintenance and operation of the Verdemont Fire Station. Section 3. In accordance with Government Code Section 53321 the name of the proposed community facilities district shall be known and designated as "Community Facilities District No. 1033". Section 4. It is the intention of the City Council to provide for the purchase, construction, expansion or rehabilitation of certain real or other tangible property with an estimated useful life of five (5) years or longer, which is necessary to provide a continued fire protection service within the Verdemont Area as new development continues to occur in areas northerly of existing fire station service areas, and that such new development in the Verdemonl Area, and not existing development, shall be required 10 pay for the costs of the operations and maintenance of the Vetdemont Fire 'Station. Section 5. The Mayor and Common Council hereby find and determine that all of the parcels of land within the boundaries of proposed CFD No. 1033 will be benefited by the public facilities and services herein proposed. . Section 6. Notice is hereby given that, in the opinion of the Mayor and Common Council, the public interest will not be served by allowing the property owners to enter into a contract for the construction of public facilities and improvements, as otherwise permitted by Government Code Section 53329.5. . 4821.2602.2400.1 6 e- e e 2004-104 1 2 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DECLARING INTENTION TO ESTABLISH A COMMUNITY FACILITIES DISTRICT FOR NEW DEVELOPMENT FOR THE ONGOING OPERATION AND MAINTENANCE OF A FIRE STATION FOR THE VERDEMONT AREA AND TO LEVY A SPECIAL TAX WITHIN SAID COMMUNITY FACILITIES DISTRICT, SEITING A PUBLIC HEARING THEREON AND AUTHORIZING THE PUBLICATION AND MAILING OF NOTICE THEREOF (COMMUNITY FACILITIES DISTRICT NO. 1033) 3 4 5 6 7 8 Section 12. The City Clerk shall endorse certificates on the original and at least one copy of said map evidencing the aforesaid filing and the date and adoption of this 9 Resolution, and within fifteen (IS) days prior to said hearing, shall file a copy thereof with the County Recorder of the County of San Bernardino, in which County all of said 10 proposed CFD No. 1033 is located. The County Recorder shall endorse on said copy of said map the time and date of filing and shall fasten the same securely in a book of maps of assessment and community facilities districts which he or she shall keep in his or her office, and index such map by the name of the City of San Bernardino and by the distinctive designation of the district as shown on such map. extent of the territory included in proposed CFD No. 1033 and which shall govern for all details as to the extent ofCFD No. 1033, reference to such map being hereby made for particulars. Said map contains the name of the City of San Bernardino and a distinctive designation in words or by number of the district shown thereon. 11 12 13 14 15 Section 13. The adoption of this Resolution is not a project for purposes of the California Environmental Quality Act ("CEQA"), pursuant to Kaufinan and Broad- South Bav. Inc. v. Morgan Hill Unified School District (1992) 9 Cal.AppAth 464. 16 17 18 Section 14. It is the intention of the Mayor and the Common Council to. establish an appropriations limit for proposed CFD No. 1033 pursuant to Govemment Code Section 53325.7. Section IS. Resolution No. 2003-361 is hereby repealed upon adoption of this 19 Resolution. 20 21 22 23 Section 16. This Resolution shall take effect upon adoption. Section 17. The City Clerk shall certify as to the adoption of this Resolution and shall cause the same to be processed in the manner required by law. 4821-2602-2400.1 8 e- e e 2004-104 1 2 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DECLARING INTENTION TO ESTABLISH A COMMUNITY FACILITIES DISTRICT FOR NEW DEVELOPMENT FOR THE ONGOING OPERATION AND MAINTENANCE OF A FIRE STATION FOR THE VERDEMONT AREA AND TO LEVY A SPECIAL TAX WITHIN SAID COMMUNITY FACILITIES DISTRICT, SEITING A PUBLIC HEARING THEREON AND AUTHORIZING THE PUBLICATION AND MAILING OF NOTICE THEREOF (COMMUNITY FACILITIES DISTRICT NO. 1033) 3 4 5 6 7 8 9 ESTRADA 10 LONGVILLE 11 MCGINNIS 12 DERRY 13 KELLEY JOHNSON McCAMMACK I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a ioint reltular meeting thereof, held on the 19th day of April , 2004, by the following vote, to wit: Council Members: AYES NAYS ABSTAIN ABSENT x x x x x X 14 15 16 X ~~kh ~ 17 18 19 20 21 22 23 24 25 26 27 28 The foregoing resolution IS hereby approved this /_1 '".,- April ,2004. day of '7 .~?C (e>:l , Approved as to Form and legal content: /Judith Valles, Mayor (.5Hy of San Bernardino By: .. 4821-2602-2400.1 10 2004-104 e- EXHffiIT "A" PROPOSED BOUNDARIES OF COMMUNITY FACILITIES DISTRICT e e e e EXHIBIT -A- CClIMN1Y FAaLI1IES "'1-'1 NO. 10:5:5 \tRDEMClNT FIRE STA1ICII lKft~ IIfEA . illItE QlY fE So\H __ CCUN1Y fE So\H _-. STAlE fE _ PAIN'SI NO iii iii m m -- QlY fE So\H __ <-IS - - c. lICE) lDITAlI'IE 1IlACT ,_ lDITAlI'IE 1IlACT '_7 a1Y fE So\H __ IICNCA _. ET II. CXMIWIT/OASS So\H _ UC -.r- - . .-- -.---....-- ------ __fl. --..- -- -- -- --- e- e e\ 2004-104 1 2 3 4 5 6 7 8 9 EXHIBIT "B" FORM OF NOTICE OF HEARING NOTICE IS GIVEN THAT ON JUNE 7, 2004, AT THE HOUR OF 4:00 P.M., IN THE REGULAR MEETING PLACE OF THE COMMON COUNCIL, BEING THE. COUNCIL CHAMBERS, CITY HALL, 300 NORTH "D" STREET, SAN BERNARDINO, CALIFORNIA 92418, A PUBLIC HEARING WILL BE HELD WHERE THIS LEGISLATIVE BODY WILL CONSIDER THE ESTABLISHMENT OF THE PROPOSED COMMUNITY FACILITIES DISTRICT, THE LEVY OF A SPECIAL TAX IN CONNECTION THEREWITH, THE PROPOSED RATE AND METHOD OF APPORTIONMENT OF THE SPECIAL TAX AND ALL OTHER MATTERS AS SET FORTH IN THIS RESOLUTION OF INTENTION, AND THAT AT THE ABOVE-MENTIONED TIME AND PLACE FOR PUBLIC HEARING, ANY PERSONS INTERESTED, INCLUDING T AXPA YERS, PROPERTY OWNERS AND REGISTERED VOTERS, MAY APPEAR AND BE HEARD, AND THAT THE TESTIMONY OF ALL INTERESTED PERSONS FOR OR AGAINST THE 10 ESTABLISHMENT OF CFD NO. 1033, THE EXTENT OF CFD NO. 1033 OR THE 11 FURNISHING OF THE SERVICES AND FACILITIES, WILL BE HEARD AND CONSIDERED. ANY PROTESTS MAYBE MADE ORALLY OR IN WRITING. 12 HOWEVER, ANY PROTESTS PERTAINING TO THE REGULARITY OR 13 SUFFICIENCY OF THE PROCEEDINGS SHALL BE IN WRITING AND CLEARLY SET FORTH IN THE IRREGULARITIES AND DEFECTS TO WHICH 14 THE OBJECTION IS MADE. ALL WRITTEN PROTESTS SHALL BE FILED WITH THE CITY CLERK ON OR BEFORE THE TIME FIXED FOR THE PUBLIC 15 HEARING. WRITTEN PROTESTS MAYBE WITHDRAWN IN WRITING AT ANY TIME BEFORE THE CONCLUSION OF THE PUBLIC HEARING. 16 IF WRITTEN PROTESTS AGAINST THE ESTABLISHMENT OF CFD NO. 17 1033 ARE FILED BY FIFTY PERCENT (50%) OR MORE OF THE REGISTERED 18 VOTERS, OR SIX (6) REGISTERED VOTERS, WHICHEVER IS GREATER, RESIDING WITHIN PROPOSED CFD NO. 1033, OR OWNERS OF ONE-HALF 19 (112) OF THE AREA OF LAND PROPOSED WITHIN CFD NO. 1033, THE PROCEEDINGS SHALL BE ABANDONED. IF SAID MAJORITY PROTEST IS 20 LIMITED TO CERTAIN SERVICES, FACILITIES OR SPECIAL TAX, THOSE 21 SERVICES OR FACILITIES OR THAT SPECIAL TAX SHALL BE ELIMINATED BY THE COMMON COUNCIL. 22 23 24 25 26 27 28 4821-2602-2400.1 12 e- SECTION 6 e Resolution Mayor & Common Council Meeting of June 21,2006 e e- e e', !D CITY OF SAN BERN",RDINO - REQUEST FOR CvUNCIL ACTION From: Fred Wilson, City Administrator Subject: Resolution of the Mayor and Common Council of the City of Dept: City Administrator San Bernardino declaring and establishing the formation of a Date: May 13.1004 Community Facilities District, authorizing submittal of levy of special taxes to the qualified electors, making certain preliminary findings and overruling protests (CFD NO. 1033). MeetingDate: 6/21/2004 Synopsis of Previous Council Action: 04119/04 - the Mayor and Common Council approved several items as follows: . Resolution approving Goals and Policies for the Use of Community Facilities Districts . Resolution Declaring Intention to Establish a Community Facilities District for New Development for the Ongoing Operation and maintenance of a fire station for the Verdemont Area and to levy a special tax. setting a public hearing, and authorizing the publication and Mailing of Notice Thereof(CFD No. 1033), and repealing Resolution No. 2003-361. · Resolution approving agreement with special legal counsel regarding CFD No. 1033. · A Resolution directing the preparation ofa map and an engineer's report for CFD No. 1033. · Resolution approving Form of Mitigation Agreement in the Verdemont fire station service area and authorizing execution of the final Form of Mitigation Agreements with participating developers (CFD No. 1033) Recommended motion: Adopt Resolution. Contact person: T eri Baker Phone: 5121 Supporting data attached: Staff Repon & Resolution Ward: 5 FUNDING REQUIREMENTS: Amount: None Source: (Ace! No.) (Acc! Description) Finance: Council Notes: Agenda Item No. , 35". ~/:l'/or e- e e, CITY OF SAN BEIDu..RDINO - u.QJJ.EST FOR CO~NCIL ACTION STAFF REPORT. Sublect: Public Hearing and Resolution of the Mayor and Common Council of the City of San Bernardino Declaring and Establishing the Formation of a Community Facilities District, Authorizing Submittal of Levy of Special Taxes to the Qualified Electors, Making Certain Preliminary Findings and Overruling Protests (CFD No. 1033) Backl!round: On April 19, 2004, the Mayor and Common Council approved and adopted a Resolution Number 2004-104 (Resolution of Intention), which authorized the initiation of proceedings for the formation of a Community Facilities District for the payment of a portion of the operations and maintenance costs of the Verdemont Fire Station ("CFD No. 1033"). Pursuant to the requirements of the "Mello-Roos Community Facilities Act of 1982" (commencing with Government Code Section 53311, the "Act"), the previously adopted Resolution of Intention set the public hearing on the formation of CFD No. 1033 for the June 7, 2004 meeting of the Mayor and Common Council. A Notice of a June 7, 2004 public hearing was published on May 26, 2004 in the SUN Newspaper. However, the meeting was continued until June 21,2004. The Resolution of Intention also, among other matters, called for the preparation of an Engineer's Report ("Report'') concerning the operations and maintenance of the fu:e station facilities, and a map of the proposed boundaries of CFD No. 1033 ("Map") to be recorded with the County of San Bernardino Auditor/Controller-Recorder's Office. The Map and the Report (copies of which have been made available at the City Clerk's office) would be approved after the public hearing as part of the formation proceedings for CFD No. 1033. Assuming that there is no majority protest by the affected property owners within the. boundaries ofCFD No. 1033, the Mayor and the Common Council may proceed with the adoption of the above-referenced Resolution af Formation, which formally establishes the existence of CFD No. 1033. The Resolution of Formation (which also includes information contained in the Resolution of Intention, including the Rate and Method of Apportionment of Special Tax) makes findings regarding the Report and the Map, and also includes the findings that the proposed special tax levy has not been precluded by majority protest and that all proceedings regarding the formation of CFD No. 1033 have been conducted in conformity with the requirements of the Act. In addition to formally establishing CFD No. 1033, the Resolution of Formation calls for an election of the qualified electors, namely, the owners ofland within CFD No. 1033, to approve the levy of the Special Tax. The Resolution of Formation also describes the procedure for conducting such election, in this case by mailed-ballot election to be conducted by the City, wherein such landowners would have one vote for each acre of land he or she owns within the boundaries ofCFD No. 1033. Since the Act requires that the special landowner election be held at least ninety (90) days after the public hearing (unless unanimously waived by all of the affected property 48\6-7S27-o144.\ e- e e, 19 to occur in areas northerly of existing fire station service areas. be paid through the levy of a 20 21 22 23 24 25 26 27 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 RESOLUTION NO. 2004-2tO A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DECLARING AND ESTABLISHING THE FORMATION OF A COMMUNITY FACILITIES DISTRICT, AUTHORIZING SUBMITTAL OF LEvY OF SPECIAL TAXES TO THE QUALIFIED ELECTORS, MAKING CERTAIN PRELIMINARY FINDINGS AND OVERRULING PROTESTS (CFD NO. 1033) WHEREAS. the City of San Bernardino. California (the "City"). is a municipal corporation and chaner city, duly organized and existing pursuant to the provisions of Ihe Constitution of the State of California; and WHEREAS. the Mayor and Common Council of the City have previously adopted Resolution No. 2004-104 (the "Resolution of Intention") to create Community Facilities District No. 1033 (TFD No. 1033") pursuant 10 the terms and provisions of the HMello-Roos Community Facilities Act of 1982." as amended (the "Act"'), Chapter 2.5 of Pan I of Division 2 (commencing with Section 53311 lofthe California Government Code; and WHEREAS. the Mayor and Common Council have declared their intention that a 16 17 18 a continued fire protection service within the Verdemonl Area as new development continues ponion of the operations and maintenance of the Verdemont Fire Station, necessary to pro,'ide special tax; and WHEREAS, the Mayor and Common Council have directed the Staff of the City 10 prepare appropriate boundary maps for territory which may be included within the boundaries of CFD No. 1033 (the "Map") and the Map has been presented to the Mayor and Common Council and has been made a part of the record of the hearing on the Resolution of Intention to establish CFD No. 1033; and e- e e LUU4-LW 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 A RESOLUTION 0 ;HE MAYOR AND COMMON Co. ClL OF THE CITY OF SAN BERNARDINO DECLARING AND ESTABLISHING THE FORMATION OF A COMMUNITY FACILITIES DISTRICT, AUTHORIZING SUBMITTAL OF LEVY OF SPECIAL TAXES TO THE QUALIFIED ELECTORS, MAKING CERTAIN PRELIMINARY FINDINGS AND OVERRULING PROTESTS (CFD NO. 1033) WHEREAS, notice of a public hearing relating to the establishment of CFO No. 1033. the extent of CFO No. 1033, the furnishing of certain facilities and services. the rate and method of apportionment of the special tax, and all other related matters have been duly given, and a report ("Engineer's Report") as ordered by the Mayor and Common Council has been presented to the Mayor and Common Council and has been made a part of the record of the hearing on the Resolution ofIntention to establish CFO No. 1033; and . WHEREAS, the Mayor and Common Council have deternlined that there are less than twelve (12) registered voters residing within theterritory of CFO No. 1033. and have been for each of at least ninety (90) days preceding the date of said hearing. and that the facilities and services to be financed by CFO No. 1033 are necessary to meet increased demands plac<;d upon the City as result of new development occurring in CFO No. 1033; and WHEREAS. the Mayor and Common Council intend to submit the levy of the required special tax to the landowners of CFO No. I 033~ said landowners being the qualified electors as authorized by law; and WHEREAS, the Mayor and Common Council have determined that written protests of fifty percent (50%) or more of the registered voters. or six (6) registered voters. whichever is greater. residing within the boundaries of the proposed ~istrict, or of owners representing one- 22 23 24 25 IiI 26 III 27 28 half (y,) or more of the area of land proposed to be included in CFD No. 1033. were not filed with the City Clerk on or before the time fixed for said public hearing; and ~833'()718.1;681 2 e- e e LUUI+-,1V 1 2 A RESOLUTION (, fHE MAYOR AND COMMON CO, CIL OF THE CITY OF SAN BERNARDINO DECLARING AND ESTABLISHING THE FORMATION OF A COMMUNITY FACILITIES DISTRICT, AUTHORIZING SUBMITTAL OF LEVY OF SPECIAL TAXES TO THE QUALIFIED ELECTORS, MAKING CERTAIN PRELIMINARY FINDINGS AND OVERRULING PROTESTS (CFD NO. 1033) 3 WHEREAS, a public hearing was convened by the Mayor and Common Council on 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 June 7, 2004, at the hour of 4:00 p.m.. then continued to and reconvened on June 2 I, 2004. at the hour of 4:00 p.m., at the regular meeting place of the Mayor and Common Council, being the Council Chambers, City Hall. 300 North "on Street, San Bernardino, California, 92418. at which hearing the Mayor and Common Council considered the establishment of CFO No. 1033. the proposed rate and method of apportionment of the special tax therein, and all other matters as set forth in the Engineer' s Report; and WHEREAS, all "'Tillen protests and other "'Tillen communications, if any. were publicly read at said hearing and all persons desiring to be heard were fully heard. and all such protests and communications have been considered by the Mayor and Common Council. and at this time the Mayor and Commoll Council are desirous to proceed with the establishment of CFD No. 1033; and WHEREAS. at this time all steps and procedures relating to the formation of CFO No. 1033 have been accomplished; and WHEREAS. the Mayor and Common Council intend at this time to order the 20 21 22 II! 23 24 25 III 26 III 27 III 28 establishment ofCFO No. 1033. III III 4833.0718.15681 . J e- e e 2004-210 A RESOLUTION Ol- . HE MAYOR AND COMMON COU. . ~IL OF THE CITY OF SAN BERNARDINO DECLARING AND ESTABLISHING THE FORMA nON OF A COMMUNITY FACILITIES DISTRICT, AUTHORIZING SUBMITTAL OF LEVY OF SPECIAL TAXES TO THE QUALIFIED ELECTORS, MAKING CERTAIN PRELIMINARY FINDINGS AND OVERRULING PROTESTS (CFD NO. 1033) NOW, THEREFORE. BE IT RESOL VED. DETERMINED AND ORDERED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 III 26 III 27 III 28 FOLLOWS: Recitals Section 1. The above recitals are all true and correct. Establishment of Formation ofCFD No. 1033 Section 2. The Mayor and Common Council hereby establish and declare the [onnation of the Community Facilities District known and designated as "COMMUNITY FACILITIES DISTRICT NO. 1033". District Boundaries Section 3. The boundaries and parcels of land in which the public facilities are to be provided and on which special taxes will be levied in order to pay the costs and expenses lor said public facilities are generally described as follows: All property within the boundaries of Community Facilities District No. 1033. as shown on a map as previously approved by the Mayor and Common Council. said map designated by the name of CFD No. 1033. a copy of which is on file in the office of the City Clerk. and as set forth in the Book of Maps of Assessments and Community Facilities Districts in the in the San Bernardino County Recorder's Oftice. as previously recorded pursuant to Section 3111 of the Streets and Highways Code. 4833.0118.1 ;681 4 e- e e, 1 2 3 4 5 6 7 8 9 , 10 11 12 13 LVVCot-.c. .LV A RESOLUTION O. HE MAYOR AND COMMON COt :IL OF THE CITY OF SAN BERNARDINO DECLARING AND ESTABLISHING THE FORMATION OF A COMMUNITY FACILITIES DISTRICT, AUTHORIZING SUBMITTAL OF LEVY OF SPECIAL TAXES TO THE QUALIFIED ELECTORS. MAKING CERTAIN PRELIMINARY FINDINGS AND OVERRULING PROTESTS (CFD NO. 1033) Section 4, Descriotion of Public Caoital Facilities A general description of the public ca'pital facilities which the Mayor and Common Council have determined shall be provided within CFD No, 1033. and oCthe incidental expenses in connection therewith. is as follows: The continued operation and maintenance of the Verdemont Fire Station. including but not limited to payment of compensation of employees, including salaries and benefits, maintenance and operation of fire safety vehicles and the lire station structures. any other expenses required to keep the such equipment and improvements in fit operating condition and any incidental expenses (collectively. the "O&M Expenses"), and all necessary administrative expenses of the City, The descriptions contained herein are general in nature and do not necessarily include all related and appurtenant costs and 14 15 16 17 18 19 Report is on file in the office of the City Clerk, expenses necessary for the proposed facilities and services, For a full and complete description of said facilities, reference is made to the Engineer's Report. which is entitled "Engineer's Report, Special Tax District. CFD No, 1033. Verdemont Fire Station Service Area", which is attached hereto and incorporated herein by this reference as Exhibit "A", and which Engineer's 20 21 22 23 III 24 III 25 III 26 II! 27 28 III 11/ 48)).()7IS,156SI 5 e- e e 20 21 22 and Highways Code of the State of California (the "Code"). a continuing lien to secure each 23 24 25 26 27 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 A RESOLUTION O. fHE MAYOR AND COMMON COL. .CIL OF THE CITY OF SAN BERNARDINO DECLARING AND ESTABLISHING THE FORMATION OF A COMMUNITY FACILITIES DISTRICT, AUTHORIZING SUBMITTAL OF LEVY OF. SPECIAL TAXES TO THE QUALIFIED ELECTORS, MAKING CERTAIN PRELIMINARY FINDINGS AND OVERRULING PROTESTS (CFD NO. 1033) Section 5. Soecial Tax Authorized That a special tax, except where funds are otherwise available. is hereby authorized. subject to voter approval, to be levied annually within the boundaries of CFD No.1 033. For particulars as to the rate and method of apportionment of the proposed special tax. reference is made to the attached and incorporated Exhibit "B" (the "Rate and Method") which sets forth in sufficient detail the method of apportionment to allow each landowner or resident within the proposed District to clearly estimate the annual amount that said person will have to pay for said facilities and services. Said special tax shall be utilized to pay for the 0 & M Expenses. Section 6. Preoaration of Soecial Tax Roll The office which will be responsible for preparing annually a current roll of special tax levy obligations by assessor's parcel number and which will be responsible for estimating future special tax levies pursuant to Section 53340.2 of the Act is the City Clerk. who is hereby 17 further directed to establish procedures to promptly respond to inquiries concerning current and 18 future tax liability. 19 Section 7. Soecial Tax Lien Upon recordation of a notice of special tax lien pursuant to Section 31145 of the Streets levy of the special tax shall attach to all non-exempt real property in CFD No. 1033 and this lien shall continue in force and effect until the special tax obligation is canceled in accordance with law or until collection of the tax by the Mayor and Common Council ceases in accordance with the Rate and Method of Apportionment of such special tax. ~8l3.07J8.1 ;68.1 6 e- e e .....,.......-........, 1 2 3 4 5 6 7 8 9 10 11 12 13 a 15 16 17 18 19 A RESOLUTION O. . HE MA YOR AND COMMON COl ~IL OF THE CITY OF SAN BERNARDINO DECLARING AND ESTABLISHING THE FORMATION OF A COMMUNITY FACILITIES DISTRICT, AUTHORIZI~G SUBMITTAL OF LEVY OF SPECIAL TAXES TO THE QUALIFIED ELECTORS, MAKING CERTAIN PRELIMINARY FINDINGS AND OVERRULING PROTESTS (CFD NO. 1033) Section 8. Certification ofMao . The City Clerk is hereby authorized and directed to endorse the Certi ticate on the ~(ap evidencing the date and adoption of this Resolution, and is further authorized and directed to file said Map with the County Recorder of the County of San Bernardino within 10 days after the approval of the Map, which shall be within 10 days of the adoption hereof. Section 9. No Maiority Protest That protests against the establishment of CFD No.1 033. the extent of CFD No. 1033. the furnishing of said facilities and services, the rate and method of apportionment of the special tax. the estimates of the costs thereof, or other related matters. were not signed and dulv - . filed with the City Clerk at or before the time set for said hearing by fifty percent (50%) or - more of the registered voters, or six (6) registered voters, whichever is greater. or by property owners of more than one-half (Y,) of the area ofland within the proposed District. Section 10. Protests Overruled and Denied Any protests. and each of them. are hereby overruled and denied. Section II. Aooroval of Enl!ineer' s Reoort 20 21 22 23 24 III 25 III 26 III 27 28 The Engineer's Report, as now submitted and attached hereto as Exhibit "A", is hereby approved and is made a part of the record of the hearing. and is ordered to be kept on file in the City Clerks's Oftice and open for public inspection. ~8J3.07l8.1 ;68 I 7 e- e e LUV'+-LLU 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 A RESOLUTION C. ,HE MAYOR AND COMMON Cot elL OF THE CITY OF SAN BERNARDINO DECLARING AND ESTABLISHING THE FORMA nON OF A COMMUNITY FACILITIES DISTRICT. AUTHORIZING SUBMITTAL OF LEVY OF SPECIAL TAXES TO THE QUALIFIED ELECTORS. MAKING CERTAIN PRELIMINARY FINDINGS AND OVERRULING PROTESTS (CFD NO. 1033) Section 12. Aooroval of Mao The Map, as now submitted and attached hereto as Exhibit "C", is hereby approved and is made a part of the record of the hearing. and is ordered to be kept on file with the transcript of these proceedings and open for public inspection. Section 13. Landowners to Vote on Levv of Soecial Tax Since there are fewer than 12 registered voters within CFD No. 1033, the levy of the speciai tax shall be submitted to the landowners, as the qualitied electors of CFD No. 1033 with each acre or portion thereof representing one vote. The ballots for the special election shall be distributed by personal or mailed delivery to each of the landowners within CFD No. 1033. Each landowner shall have one vote for each acre or portion thereof that he, she or !t owns within CFD No. 1033. as provided in Section 53326 of the Act. Section 14. Citv Clerk Designated Election Onicial The City Clerk is hereby designated as the election onicial for the purposes of conducting the election in CFD No.1 033 and is hereby requested to take all steps necessary to 19 hold the election in accordance with the Act and these specitications. 20 21 22 23 24 25 26 27 28 Section 15. Submission of Ouest ion of Levv ofSoecial Tax The Mayor and Common Council hereby submit the .question of levying such special tax for CFD No. 1033 to the qualified electors within CFD No. 1033. at an election to be held on Monday, September :20. 2004 at .;;00 p.m.. with each landowner having one (I) vote for each acre or portion thereof of land which he or she owns within CFD No. 1033, with all ballots to be submitted to the City Clerk before 12:00 p.m. on September 20. 200.:!. all in accordance with and subject to the Act, the terms of which shall be applicable to such election. 4833.0718-1 ;681 8 e- e e, -........ ....... A RESOLUTION O. . HE MAYOR AND COMMON COL ;IL OF THE CITY OF SAN BERNARDINO DECLARING AND ESTABLISHING THE FORMATION OF A COMMUNITY FACILITIES DISTRICT, AUTHORIZING SUBMITTAL OF LEVY OF SPECIAL TAXES TO THE .QUALIFIED ELECTORS, MAKING CERTAIN PRELIMINARY FINDINGS AND OVERRULING PROTESTS (CFD NO. 1033) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 III 27 28 Canvass of Returns Section 16. The City Clerk as the election official is authorized to canvass the returns of the election pursuant to Section 23306 of the Elections Code. and the Mayor and Common Council are thereafter authorized to certify the results of the election. Section 17. Levy of Soecial Tax Following Election If two-thirds (2/3) of the yotes cast upon the question of levying such special tax are cast in favor of levying that tax. as determined by the Mayor and Common Council alier the canyass of the returns of such consolidated election, the Mayor and Common Council may levy such special tax within the territory of CFO No. !OJ3 under the Act in the amount and for the purposes as specified in this resolution. Such special tax may be levied only at the rate and , may be apportioned only in the manner specified in this Resolution. subject to the Act. except that such special tax may be levied at a rate lower than specilied therein. Such special tax may be levied only so long as it is needed to pay for the O&M Expenses, together with administrative and other expenses ofCFO No. 1033. incurred by the City and CFO No. 1033. Section 18. Necessity of Services and Facilities The Mayor and Common Council hereby determine that the O&M Expenses to be financed by CFO No. 1033. as described above in said Engineer' s Report. are necessary to .meet increased demands placed upon the City and other local agencies Ilaving jurisdiction within CFO No. 1033. as a result of development occurring in CFO No. 1033 and that the qualified electors ofCFO No. 1033 shall be the landowners ofCFO No. 1033. 483.\-0118.1568.1 9 e- e 1 2 3 4 5 6 7 8 9 10 11 12 13 14 A RESOLUTION O. HE MAYOR AND COMMON COt :IL OF THE CITY OF SAN BERNARDINO DECLARING AND ESTABLISHING THE FORMATION OF A COMMUNITY FACILITIES DISTRICT, AUTHORIZING SUBMITTAL or LEVY OF SPECIAL TAXES TO THE QUALIFIED ELECTORS, MAKING CERTAIN PRELIMINARY FINDINGS AND OVERRULING PROTESTS (CFD NO. 1033) Section 19. Declaration of Conform it v with Legal Reauirements The Mayor and Common Council hereby determines that all proceedings prior hereto were valid and taken in conformity with the requirements of law. and specifically the provisions of the Act, and that this detemlination is made pursuant to the provisions and authorization of Section 53325.1 of the California Government Code. Section 20. Effective Date This Resolution shall take effect upon adoption. Section 2 \. Certification The City Clerk shall certify to the passage" and adoption of this resolution. enter the same in the book for original Resolutions of the City, and make a minute of passage and adoption thereof in the records of the proceedings of the Mayor and Common Council of the 15 16 City, in the minutes of the meeting at which this resolution is passed and adopted. 17 il! e- e e, A RESOLUTION 0; HE MAYOR AND COMMON COl :IL OF THE CITY OF SAN BERNARDINO DECLARING AND ESTABLISHING THE FORMATION OF A COMMUNITY FACILITIES DISTRICT, AUTHORIZING SUBMITTAL OF LEVY OF SPECIAL TAXES TO THE QUALIFIED ELECTORS, MAKING CERT AI~ PRELIMINARY FINDINGS AND OVERRULING PROTESTS (CFD NO. 1033) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a joint regular meeting thereof, held on the 21st day of June , 2004, by the following vote, to wit: Council Members: Aves Navs Abstain Absent ESTRADA X LONGVILLE X MCGINNIS --L DERRY ----L KELLEY. X JOHNSON ----L MC CAMMACK -X- L"J The foregoing resolution is hereby approved tills 2004. 19 20 21 22 Approved as to Form and Legal Content: 23 24 By: "- 71 25 26 27 28 I I (/ " 4833.0718.1 ;68.1 ;. -., ., j i {:'. . " f,"', ,"( I ij. . I t.f.J-. ,.rachel G',~lark: Cit~ C,I~rk . . " . . . , 'J /".1.;, ,.".'1.""1.. L'J..-"L.t/~ . " i-......"' ., - - - .". ,,' I Li ?~,.. day of June " ith Valles, Mayor ty of San Bernardino 11 e- SECTION 7 e Engineer's Report Special Tax District CFD No. 1033 Verdemont Fire Station Service Area June 21, 2004 e e- e, e 2004-210 EXHIBIT A ENGINEER'S REPORT SPECIAL TAX DISTRICT CFD No. 1033 VERDEMONT FIRE ST A nON SERVICE AREA JI/ne 11,1004 Prepared by David Evans and Associates, II/c. And tile Development Services Department City Engineer City of San Bernardino, California Prepared For City of San Bernardino, California Community Facilities District No. 1033 4137-7301-2410.1 e- e e\ 2004-210 I. INTRODUCTION AND PURPOSE On April 19, 2004, the Mayor and Common Council of the City of San Bernardino ("City") approved and adopted "A Resolution of the Mayor and Common Council of the City of San Bernardino declaring Intention to Establish a Community Facilities District for New Development for the Ongoing Operation and Maintenance of a Fire Station for the Verdemont Fire Station Service Area and to Levy a Special Tax within said Community Facilities District, Setting a Public Hearing Thereon and Authorizing the Publication and Mailing of Notice Thereof (Community Facilities District No. 1033)" (the "Resolution of Intention"). pursuant to the provisions of the "Mello-Roos Community Facilities Act of 1982", being Chapter 2.5, Part I, Division 2, Title 5 of the Government Code (commencing with Section 53311, the "Act"), and specilically Section 53321.5 thereof. The Resolution of Intention expressly ordered the filing of a written Engineer's Report of proposed Community Facilities District No. 1033 ("CFD No. 1033'"), and directed that said Engineer's Report include the following: I) A brief description of the services, maintenance and operating costs of public facilities which will be provided within CFD No. 1033. i.e., the estimated operations and maintenance expenses of the Verdemont Fire Station. Station No. 232 at 6055 Palm Avenue, San Bernardino, California {'"Station"). including but not limited to payment of compensation of employees. including salaries and benelits, maintenance and operation of lire safety vehicles and the fire station structures. any other expenses required to keep the such equipment and improvements in lit operating condition and any incidental expenses (collectively. the "O&M Expenses"). which will be incurred as a result of providing the services and which will in the opinion of the preparer of the Engineer's Report.be required to adequately meet the needs ofCFD No. 1033 for the next five (5) years; and f) An estimate of the cost of providing for the O&M Expenses for the first five (5) years for each zone within CFD No. 1033. including a brief explanation justifying the amount of the Special Tax for each zone type and any increase or decrease thereof in subsequent years as well as the estimated In-Lieu Fee that may be generated for each zone for all years evaluated in the Engineer's Report. Accordingly. the authorized representatives of the City have caused this Engineer's Report of CFD No. 1033 to be prepared by David Evans & Associates, Inc.. pllrsuant to the provisions of the Act and the Resolution of Intention. This Engineer's Report is intended to provide background information and factual data to enable the Mayor and Common Council to take appropriate actions to impose the requirements upon new development within the Verdemont Fire Station Service Area for funding of a portion of the O&M Expenses to serve operations and maintenance of the Station. 48ZZ.7426.l/6%.\ [I)do< f.nS:"_'S R.epoR (FO:'olo Ion 6.1-l.().l e- e e 2004-210 II. BACKGROUND c:. a) It is appropriate and desirable for the City to institute a partial funding .source (i.e. thU.. proposed CFD No. 1033) in order to ofTset the costs of the normal operatmg expenses of the Station that would otherwise be required to be paid in total by the City General Fund. (b) Existing residential structures will not be included in the proposed CFD No. 1033. Special taxes of CFD No. 1033 will be imposed only on new residential, commercial, office, and industrial development within the Verdemont Fire Station Service Area. The City has theJegal abilitv urin the enviro view of .proposed dev~l?pme~t within the Area that woUI:r-~QUlre e owner or t e owner s deSignee) In n~rttCIPate! 5FD ~. 103] and pay a "SpeclaM-ax" for a portion of the O&M Expenses, (or. in t e a tema Ive, prior to the issuance of each certificate of occupancy for residential development, pay an "In-Lieu Fee" in the amount [for the Initial Fiscal Year 2004-2005] of $6,349.88 per dwelling unit. whether for a single family or a multi-family unit. and prior to the issuance of each certificate of occupancy for commercial/retail/office/industrial zoning classifications pay an in-lieu fee in the amou of $44,350.47 per acre of development as set forth on a site plan of development). The Special Tax shall be increased by an amount not to exceed 2 % of the amount in effect for the previous Fiscal Year, up to the Fiscal Year commencing July I, 2033. The Special Tax shall terminate as to such Assessor's Parcel at the close of the thirtieth (30Ih) Fiscal Year following the beginning of the Initial Fiscal Year 2004-2005, i.e., the Special Tax shall terminate as of June 30. 2034. See Exhibit "A". "Calculation and assumptions for tinal Verdemont Fire Station CFD special tax". This requirement would apply only to new residential, commercial. retail and industrial development within the Verdemont Fire Station Service Area. (c) On April 19, '2004. the Mayor and Common Council approved and adopted the Resolution of Intention, which authorized the initiation of proceedings for the formation of CFD No. 1033. The Resolution of Intention set the public hearing on the formation of CFD No. 1033 for the June 7, 2004 meeting of the Mayor and Common Council, which hereby was continued to June 21. 2004. Notice of the June 7. 2004 public hearing was published on May 26, 2004. and notice was republished regarding the hearing's continuance to June 21, 2004. (d) The Resolution of Intention also called for the preparation and the recordation of a map of the proposed boundaries of CFD No. 1033 ("Map") to be recorded with the County of San Bernardino Auditor/Controller-Recorder's Office. A copy of the Map is attached hereto as Exhibit "C". The Map and this Engineer's Report (copies of which have been made available at the City Clerk's office) would be approved after the public hearing as part of the formation proceedings for CFD No. 1033. \ (e) Assuming that there is no majority protest by the affected property owners within the boundaries of CFD No. 1033. the Mayor and the Common Council may approve a "Resolution of Formation". which formally establishes the existence of CFD No. 1033. The Resolution of Formation (which includes information contained in the Resolution of ~!22-7~26.96<)6 I [I ).doc En!lUln:f>R&'pvn("fO~o) ll/jjb.I.j.I.'-I 2 e- e e 2004-210 Intention and attaches the Rate and Method of Apportionment of Special Tax for CFD No. 1033as an exhibit) makes findings regarding the Report and the Map. including the findings that the proposed special tax levy has not been precluded by majority protest and that all proceedings regarding the formation of CFD No. 1033 have been conducted in conformity with the requirements of the Act. (f) In addition to formally establishing CFD No. 1033. the Resolution of Formation calls for an election of the qualified electors. The City has determined that there are less than twelve (12) residents within the proposed boundaries ofCFD No. 1033. meaning that the qualitied electors are the owners ofland within CFD No. 1033. to approve the levy of the Special Tax. The Act requires that the special landowner election be held at least ninety (90) days atler the public hearing (unless unanimously waived by alf of the affected property owners, in which event the election may be held at an earlier date). the Resolution of Formation sets such special landowners election for the meeting of September 20, 2004. and calls for all ballots to be received at a specified time prior to the meeting. If two-thirds (2/3) of the ballots approve the levy and collection of the special tax within CFD No. 1033, then the Mayor and Common Council will be presented a resolution canvassing the results of the election and an ordinance (for first reading) imposing the special tax levy on the property owners within CFD No. 1033, at the September 20, 2004 meeting of the Mayor and Common Council. The Resolution of Formation also describes the procedure for conducting such an election, in this case by mailed-ballot election to be conducted by the City. wherein such landowners would hav~ one vote for each acre of land he or she owns within the boundary ofCFD No. 1033. (g) The City has concurrently with the adoption of the Resolution of Intention approved the form of the Mitigation Agreement for CFD No. 1033. which provides that participating property owners agree to pay for the formation expenses incurred by the City relative to the establishment ofCFD No. 1033. Accordingly. the costs associated with the formation of CFD No. 1033 will be borne by partIcipating landowners. III. NECESSITY FOR AN ADDITIONAL FIRE STATION IN VERDEMONT FIRE STATION SERVICE AREA In~ City Fire Department administrative staff requested that a process be developed to study and adopt emergency service delivery management and planning standards. This was prompted in part by the need to consider the addition of a fire station to serve the Verdemont Fire Station Service Area. Without planning standards, the Verdemont Station concept could not be evaluated objectively. Subsequently, the Mayor and Common Council approved the establishment of a~ Planninl! Standards Ad l;Ioc Committ'if (the "Committee") on September 21, 19~ ~8, the Committee began meetmg to study and analyze topics relevant to establishing emergency service delivery standards. On March 28. 2000. the Committee agreed upon certain standards to recommend to the Mayor and Common Council for adoption. The standards and other recommendations are listed below. 48~2.7426.9696.1 11).doc Eny.'lIter's Report CFO No 10jJ 6-IJ.O.a 3 e- e e 2004-210 A. Recommended Standards . Dispatch processing time shall be sixty (60) seconds or less for 90% of Calls for Service (CFS). . Turnout time shall be 60 seconds or less for 90% ofCFS. . Drive time from fire station to arrival on-scene at incidents shall be live (5) minutes or less for 90% of CFS. B. Other Recommended Actions . Automate the emergency medical pre-arrival and priority dispatching system. . Adopt a fire station siting plan that is consistent with the 5-minute drive time standard. . Study and analyze issues pertinent to the City's relatively high emergency incident call volume. An analysis of calendar year 2002 CFS to the Verdemont Fire Station Service Area showed that the 5 minute drive time standard was met for about 45% of245 CFS. This quantified the need for a fire station to serve the Verdemont Fire Station Service Area. IV. STRUCTURE OF THE SPECIAL TAX (a) This Report and the proposal Gontained herein deal solely with the levy of the Special Tax for the payment of certain operating and maintenance costs of the Station, not the debt service or other capital outlay and replacement costs associated with any public facility. Section IV.(d) below sets forth the items that are deemed to be the "Included Items" and the "Excluded Items" of those which are eligible for payment by the City from the Special Tax levied within the CFD No. 1033. CFD No. 1033 will be limited solely to the payment of those Included Items related to the operation and maintenance of the Station. The City will impose an annual Special Tax lien upon all property within the CFD No. 1033 and the City will ensure that the Special Taxes are paid by each property owner in the same manner as the general property taxes are paid to the County of San Bernardino. The City reserves the right to enforce any and all unpaid Special Taxes and the liens thereof, including interest and penalties and collection costs, in the manner authorized by the Act through a separate legal action to be filed by the City separate and apart from any tax collection proceedings initiated by the County of San Bernardino for the payment of defaulted general property taxes. tb) The Special Tax shall be levied in conformance with the Rate ana Method of Apportionment of Special Tax - Community Facilities District No. 1033, City of San Bernardino ("'Rate and Method") (the Rate and Method is set forth as Exhibit "B" hereto). (c) All of the property located within CFD No. 1033. unless exempted by law or by the Rate and Method, shall be subject to the Special Tax. Each year the Special Tax shall be levied subject to the methodology and Maximum Special Tax limits of the Rate and Method. The Special Tax imposed is a "special tax and not a special assessment, and there is no requirement that the tax be apportioned on the basis of benefit to any property", pursuant to Section 53325.3 of the Act. The Special Tax may be "on or based on a benefit received by 4822-7426-9696.1 (1).00< En~IIWef'5 Rcpor1 (FD...o Ion b_l.\..l'" 4 e- e e 2004-210 parcels of real property, the cost of making facilities or authorized services available to each parcel, or some other reasonable basis as determined by the legislative body"; however, the Special Tax may not be apportioned on an ad Wllorem basis pursuant to Article XIIIA of the California Constitution. (d) The costs of the annual O&M Expenses of the Station shall only include the following described Included Items and shall specifically exclude the Excluded Items from payment through the CFD No. 1033: (i) Included Items: Personnel costs, salaries, benefits, administrative charges, bookkeeping and accounting incurred by the Fire Department (or other related City Departments); repair and maintenance of all buildings, facilities, personal equipment and firefighting equipment exclusive of the acquisition costs of any vehicles of any nature but including the repair and maintenance, oil, fuel, tires, insurance, and upkeep of all such vehicles; uniforms, firefighting protective equipment and clothing; hoses, ladders, and other firefighting and life safety and protective equipment and first aid and CPR equipment; utilities, furnishings, food, paper products, office products and office equipment and supplies, communications equipment, radios, computers and telephones; building maintenance and upkeep, landscape maintenance and supplies, painting of buildings, replacement of worn or broken building components that are typically accounted by the City as expense items and not as capital improvement items. (ii) Excluded Items: Excluded items are all items that are not for the direct operation and/or maintenance of the Station. These include but are not limited to the following: construction of the fire station. purchase or lease of any lire truck. pick-up truck. ambulances or any other motorized vehicles: and/or the replacement or upgrade of any component of the Station that has a useful life of more than 10 years. (e) Since 2002 there has been an increased interest in development within the Verdemont Fire Station Service Area, and there are potentially 382 single family residential housing units that could be constructed within the initial boundaries of the CFD No. ] 033 within the next ten (10) years. Such new construction activity will exacerbate the need for the Station and particularly as development trends in the Verdemont Fire Station Service Area extend northerly towards Little League Drive and northerly from Little League Drive into the Devore area of the City. The third property acquired by the EDA in 1999, known as the "Bice" property (Parcell). is severely impacted by the lack of a suitable final tract map, the designation of the "Bice" property as critical habitat for the San Bernardino Kangaroo Rat. and the requirement for numerous l100d control and street realignment projects as a condition of development. The Bice property is located northerly of Little League Drive and in the area most impacted by the present lack of a fire station in the Verdemont Fire Station Service Area. (I) Several developers representing the vacant land holdings, eXlstmg developers with projects in the area, and other interested parties have once again contacted the City to express interests to initiate development activities within the Verdemont Fire Station Service Area. Based upon improvements in the general real estate market for single-family residential development within the City and the availability of low interest rate mortgage financing at this time, the City anticipates that additional demands will be placed upon the infrastructure needs 4822-742&-9696.1 (I].doc Enlllneet't Repon CFO ~ ]OB t..loI..()4 5 2004-210 a [ wil~in th~ V ~rdemont Fire Station Service Area upon the d~\'elopment of the pr~sently proposed I .t=J~. ::J (g) A May 2004 estimate of the projected number of residential housing units comprises four "parcels" within the Verdemont Fire Station Service Area identified as Nos. 1-4 on the Proposed Community Facilities District No. 1033 Map. Parcell (Century Village Homes. Alternative "C". formerly the Bice property) is projected to contain 275 housing lots. Parcel 2 is owned by the Cityand currently there are 19 housing units planned. Parcel 3 is Tentative Tract No. 15940, owned by Monica Morrow. et ai, and currently shows 41 housing lots. Parcel 4 is Tentative Tract No. 16457, owned by Covenant/Oasis San Bernardino LLC, and contains 47 housing lots. The following chart sets forth the assumptions that can be utilized for purposes of determining the cost per unit of the Verdemont Special Tax District and the burden that may be experienced by the City in connection with the operation and maintenance of the Verdemont Fire Station. Housing Units Exempt from Special Tax: o Housing Units to be built: 382 A verag~ square footage of houses to be built: 2.000 Square footage of commerciallretailto be built o e Square footage of industrial to be built o (i) Future annexation of properties in the Verdemont Fire Station Service Ar~a as new development continues will be accomplished in conformance with the Act and will be subj~ct to all conditions and obligations ofCFD No. 1033. (j) No bonds shall be issued in relation to CFD No. 1033. e\ V. CONCLUSION ~822.7~26-9696111J.doc E"illl>ccf.RqIOI1("FD...", JuH6.1".1I4 6 e- e e, 2004-210 It is the' . . However. 11 IS necessary to proVI e or a necessary public servIces for suc new eve opment. it is anticipated that this can be accomplished within the Verdemonl Station Service Area both with the imposition of CFD No. 1033 to pay for ongoing operation and maintenance of the Station. With CFD No. 1033. the City should have an enhanced ability to meet its planning standards and provide adequate fire protection service to the areas which are presently outside of the existing fire station service areas. The imposition of CFD No. 1033 special taxes wi ovide th . with the funding for a portion of the annual 0 eration and maintenance costs 0 the at 4822-7426-9696.1 [11.do< E"~ilWct's Repon CFD:\:II lOB 6.1".~ 7 e- e e 2004-210 EXHIBIT "B" RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX COMMUNITY FACILITIES DISTRICT NO. 1033 CITY OF SAN BERNARDINO This Rate and Method of Apportionment of this Special Tax sets forth the special tax applicable to each Assessor's Parcel within Community Facilities District No. 1033 ("CFD No. \ 033") of the City of San Bernardino ("City") to be levied and collected according to the special tax liability determined by the Common Council of the City. acting as the Legislative Body of CFO No. 1033. The applicable Special Tax shall be determined pursuant to the application of the appropriate amount or rate as described below. All Taxable Property within CFO No. 1033, unless exempted bylaw. or the provisions of Section E. below. shall be subject to the applicable Special Tax levied and collected to the extent and in the manner herein provided. This Rate and Method of Apportionment also is provided as an explanation to allow landowners or residents within CFO No. 1033 to estimate the Special Tax to be annually levied and collected, or prepaid, as the case may be. with regard to property within CFO No. 1033. A. Definitions "Act"" means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5 (commencing with SectiOll' 533\\) of Oivision 2 of TitleS of the California Government Code. "Administrative E1'pense" means any costs incurred by the City on behalf of CFO No. 1033 related to the determination of the amount of the annual levy of the Special Tax. the collection of the' Special Tax. and the other costs incurred in order to carry out the authorize~ purposes of CFD No. 1033. "Special Tax" means the special tax to be levied in each Fiscal Year pursuant to Sections C. and D. on each Assessor's Parcel for a period not to exceed 30 years including the Initial Fiscal Year. "Assessor's Parce\"' means a parcel of land as designated on an official map of the San Bernardino County Assessor which has been assigned a discrete identifying parcel number. "Commercial/Retail/Office/lndustrial Property" means property zoned for commercial. retail. office or industrial uses or other non-residential uses. "Common Council"' means the Common Council of the City of ';;an Bernardino. ~K~I..100;.1'/681 e e e 2004-210 "Residential Property" means for any Fiscal year all Taxable Property for which a foundation building permit for single family or multi-family units was issued prior to May I preceding the Fiscal Year in which the Special Tax is being levied. "Facilities" means the Fire Station Services as may be identified in the Community Facilities District Engineer's Report prepared for CFD No. 1033 on file in the Office of the City Clerk, or the continued operation and maintenance of the Verdemont Fire Station, including but not limited to payment of compensation of employees, including salaries and benefits, maintenance and operation of fire safety vehicles and the fire station structures, any other expenses required to keep the such equipment and improvements in fit operating condition and any incidental expenses (collectively, the "O&M Expenses") to be financed by CFD No. 1033 pursuant to the Act. "Fiscal Year" means the period starting on July 1st and ending the following June 30th. ''In-Lieu.Fee'' means a one-time fee, which fee shall be deposited into an interest bearing reserve account for future O&M Expenses in the following amounts and for which a further explanation of the In-Lieu Fee will be described in an estimated cost report: Residential Zone $6.349.88 per residential dwelling unit as an [n- Lieu Fee Commercial. Retail, Oflice Zone $~4,358.47 per acre of development as set forth on' a site plan of development as an In-Lieu Fee Industrial Zone $44,358.47 per acre of development as set forth on a site plan of development as an In-Lieu Fee "Land Use Class" means any 'of the classes of Property listed in Table I and Table 2, below. "Project" means any project undertaken for the purpose of development involving the approval or issuance of any permit or entitlement for use by any governmental agency and includes all such permits and entitlements for use whether classilied as quasi- legislative, quasi-judicial or ministerial in nature. including, but not limited to, the adoption, amendment, approval or issuance of any general plan, specilic plan, master plan, zoning ordinance. tentative subdivision map, tentative parcel map, linal subdivision map, final parcel map, variance. conditional use permit, site plan, plot plan. development plan, annexation, public utility connection, building permit and certificate of occupancy, 'Taxable Property" means all Assessor's Parcels within the boundaries ofCFD No. 1033 which are not exempt from the Special Tax pursuant to the Act and the provisions of Section E. herein. ..1811--100;.1968.1 Z004-11U __8. Assignment to Land Use Classes As soon as practicable, as of May I for the next succeeding Fiscal Year. all Taxable Property within CFD No. 1033 shall be categorized as Residential Property or either Commercial/Retail/Officellndustrial Zone Property. Taxable Property shall be subject to a Special Tax pursuant to Sections C. and D. below. c. Special Tax 1. Residential Property The Special Tax for each Assessor's Parcel classified as Residential Property shall be the amount determined by reference to Table I and the paragraphs that followTable \. Table I Special Tax Rates for Residential Property (For the Initial Fiscal Year 2004-05) Land Use Class Land Use DescriDtion Special Tax Per Unit 12004-05) I 2 Single Family Detached Unit Multi-Family Unit/Attached Dwelling Unit $350.00 $350.00 _ [n determining the Special Tax which may be levied in any Fiscal Year, on July 1. 2005. and on each July I thereafter. the Special Tax shall be increased by an amount not to exceed 2 % of the amount in effect for the previous Fiscal Year, up to the Fiscal Year commencing July 1. 2033. The Special Tax shall terminate as to such Assessor's Parcel at the close of the thirtieth (30In) Fiscal Year following the beginning of the Initial Fiscal Year 2004-2005, i.e., the Special Tax shall terminate as of June 30,2034. 2, Commercial/Retail/Office/lndustrial Zone Property The Special Tax for each Assessor's Parcel classified as either Commercial, Retail. Office, or Industrial Zone Property shall be the amount determined by reference to Table 2 and the paragraphs that follow Table 2. Land Use Class Table2 Special Tax Rates for Commercial/Retail/Office/lndustrial Zone Propel1y (For the Initial Fiscal Year 2004-05) , Special Tax Per Acre (2004-05) Land Use Descriotion -\ , J 4 5 6 Commercial Retail Oflice Industrial $2.445.00 $2.445.00 $2.445.00 $2.445.00 ~821-400;-19681 e- e e 2004-210 In determining the Special Tax which may be levied in any Fiscal Year. on July I. 2005. and on each July 1 thereafter. the SpeCial Tax shall be increased by an amount not to exceed 2 % of the amount in effect for the previous Fiscal Year. up to the Fiscal Year commencing July I. 2033. The Special Tax shall terminate as to such Assessor's Parcel at the close of the thirtieth (30'h) Fiscal Year following the beginning of the Initial Fiscal Year 2004-2005. i.e.. the Special Tax shall terminate as of June 30. 2034. D. Method of Apportionment ofthe Special Tax Commencing with Fiscal year 2004-05. and each Fiscal Year thereafter. the Council shall determine the Special Tax to be collected from Taxable Property in CFD No. 1033. The Council may levy the Special Tax on all Assessor's Parcels of Development Property by levying the Special Tax for Land Use Classes I, 2, 3, 4, 5 and 6. E. Limitations The Council shall not levy a Special Tax on properties owned by the State of California, federal or other local governments. except as otherwise provided in Sections 53317.3 and 53317.5 of the Act. Property which becomes the propel1y of the State of California, the lederal government or other public agency is liable for the Special Tax levied in the Fiscal Year during which such transfer occurs and will be subject to the Special Tax in each Fiscal Year thereafter under the original Land Use Class for such Assessor' s Parcel. Such Assessor's Parcel may be exemp.ted. at the direction. and in the discretion. of the Council in any Fiscal Year. F. Prepayment of the Special Tax Any owner of property within CFD No. 1033 may discharge the Special Tax obligation in full or in part, by making payment pursuant to the applicable Sections F: I. or F. 2 as follows: I. Upon the Approval of a Tentatin or Parcel Map At the time of approval of a tentative or parcel map. the owner of such residential unit may prepay the Special Tax in full or in part by making a cash payment to CFD No. 1033, in which case the Special Tax for the Initial Fiscal Year. and each Fiscal Year thereafter, shall be reduced according to the following steps: a. Determine the maximum prepayment if the owner were to prepay the Special Tax in entirety. For example, for Projects approved prior to July I. 2005, the maximum prepayment for each residential unit is $6,439.88 and for each acre of development as set forth on a site plan of development for Commercial/Retail/Office or Industrial zone property is $44,358.47. b. Determine the property's revised Special Tax by multiplying the property's applicable Special Tax for the Initial Fiscal Year determined 4821.-I005.1l~68 I e- e e\ 2004-210 pursuant to Section C. I. by one minus the quotient obtained by dividing the cash payment made by the owner pursuant to this Section F. I .b. by the maximum prepayment obligation determined pursuant to Section F. I .a. The property's revised Special Tax for the Initial Fiscal Year. and each Fiscal Year thereafter, shall be the Special Tax for the applicable land use designation (Residential or Comrnercial/Retail/Office/Industrial zone Property) for purposes of Sections C. and D. herein. 2. After the Approval of the Tentative MaplParcel Map After the time a tentative or parcel map has been approved. and prior to May I for the next succeeding Fiscal Year, the owner of such parcel may prepay the Special Tax in full or in part by making a cash payment to CFD No. 1033. in which case the Special Tax for the applicable Fiscal Year. and each Fiscal Year thereafter, shall be reduced according to the following steps: a. Compute the present value of the Special Tax using a period equal to the lesser of the remaining teon for which the Special Tax may be levied on such parcel: then b. Multiply the amount determined in Section F.2.a: above, by the owner's desired prepayment percentage (which shall be a minimum of twenty percent (20%) of the present value of the total Special Tax) to determine the prepayment amount subject to additional adjustments as specified below: then c. Add the following to the result of Section F.2.b.: i) Unpaid special taxes. interest and penalties. if any. which have been entered on the Assessor's tax roll: and iv) a $75 administrative charge per Assessor Parcel. d. The Special Tax applicable to property utilizing a prepayment percentage less than 100% shall be revised in the Fiscal Year following the date of prepayment by multiplying such property's Special Tax by the prepayment percentage actually determined in' Section F.2.b. Such property's revised Special Tax for the Fiscal Year following the date of prepayment, and each Fiscal Year thereafter. shall be the Special Tax for such property for purposes of Sections C. and D. herein. In no event shall the In-Lieu Fee be increased by more than 2% per year nor shall the Tax be increased by more than 2% per year. based upon a cost inflation formula to be continued in the Estimated Cost Report and the Engineer's Report and made a part of the formation documents for the District from the previous year for any property located within the District ihat was previously assessed and charged with the Tax in the immediately preceding year. The 4821-100;.1068.1 e- e e, 2004-210 Special Tax and the In-Lieu Fee shall be recalculated annually to reflect (i) any changes in the O&M Expenses. (ii) the annexation of additional property into the District. (iii) the payment of the O&M Expenses. or any portion thereof. with funds other than the Tax. (iv) the amount of In- Lieu Fees available to be applied for the applicable for which the calculation is being made. and (v) any other changes which may affect the estimated O&M Expenses for such year. G. Manner of Collection The Special Tax will be collected in the same manner and at the same time as ordinary ad valorem real property taxes. The Special Tax shall be subject to the same penalties and the same procedure. sale and lien priority in case of a delinquency as provided for with ad valorem taxes. The collection of the Special Tax shall otherwise be subject to the provisions of the Act. The Common Council reserves the power to provide for alternative means of collection of special taxes as permitted by the Act. H. Termination of Special Tax Le\'y Provided that Special Taxes previously levied on an Assessor's Parcel are not delinquent. the lien of special taxes of CFD No. 1033 shall terminate as to such Assessor's Parcel at the close of the thirtieth (30) Fiscal Year following the beginning of the Initial Fiscal Year lor such Assessor's Parcel. Furthermore. provided an owner within CFD No. 1033 fully and completely discharges their special tax obligation pursuant to Sections F.l and/or F.2.the lien of special taxes ofCFD No. 1033 shall terminate. ~ Pursuant to Section 53330.5 of the Act, the Common Council shall. upon written request, cause to be recorded in the ofticial records of San Bernardino County a Notice of Cessation of Special Tax Lien for each Assessor's Parcel upon termination of the lien on such Assessor' s Parcel. l. Review/Appeal Board. The Council shall establish. as part of the proceedings and administration of CFD No. 1033, a special Review/Appeal Board. Any landowner who feels that the amount of the Special Tax, as to their Assessor's Parcel, is in error may file a notice with the Review/Appeal Board appealing the amount of the levy. The Review/Appeal Board shall interpret this Rate and Method of Apportionment of the Special Tax and make determinations relative to the annual administration of the special tax and any landowner appeals. as herein specified. . ~8lI-400;-1 %81 e- e . EXHIBIT "e" COMMUNITY FACILITIES DISTRICT NO. 1033 VERDEMONT FIRE STATION. SERVICE AREA IN THE CITY OF SAN BERNARDINO CCUNTY OF SA.N BERNARDINO. STATE OF CALIFORNIA P.ARCfL NO. m ill m IIJ OWNER REDEVELOPMENT ActNCY or THE ClTv or SAN BERNARDINO CITY or SAN BERNARDINO MONICA "'ORROW. (T AL COVENANT/OASIS SAN BERNARDINO. LLC TENTAnVE TRACT 15940 TENTATIVE TRACT 16457 __~u___m- - SHEET 2 - - - --l I I I I 11--------- I I I I I~ I I I ,t: I I ... w::NtY ...., - SHEET 3 I I I I I L___________ SHEET 1 or J -l I I I I I I I I I r1l.ED AT Rl:auEST ~ ON a.ERIf "---'-""'. ............,..-----......-,. _.___ ......Df'O...._P..I. COU'_.._.....____............._ -.-..-...-....,.---- ..-...----.... --- ._.__"_A .. . ot_ ..''''IMII. ........- .-.. . DAVIO .vAN. _A..aCIAT.._. ------ __". --..- on :U" .....-.....- -- --- -....- ...-..- ~UU4-L 10 e - If -----~---------- EXHIBIT "e" COMMUNITY FACILITIES DISTRICT NO. 10.3.3 VERDEMONT FIRE STATION SERVICE AREA IN THE CITY OF SAN BERNARDINO COUNTY OF S"N BERNARDINO. ST." TE OF CALIFORNIA SH(ET 2 or J e. I . . ...YlDh.... _....OCI..T..__ ----.-. --.... -...- e- e e EXHIBIT "c" COMMUNITY FACILITIES DISTRICT NO. 1033 VERDEMONT FIRE STATION SERVICE AREA IN THE CITY OF 5AN BERNARDINO COUNTY OF SAN BERNARDINO. 5T A TE OF CALIFORNIA SI1((T J or J . DAVIO PAN. _&..OC:lAT.. _ ------ --- --..- e- e e 2004-210 EXHIBIT A ENGINEER'S REPORT SPECIAL TAX DISTRICT CFD No. 1033 VERDEMONT FIRE STATION SERVICE AREA June 11,1004 Prepared by David E~'ans and Associates, Inc. And tI,e Development Services Department City Engineer City of San Bernardino, California Prepared For City of San Bernardino, California Community Facilities District No. 1033 4837-7301-2480.1 2004-210 e - I. INTRODUCTION AND PURPOSE On April 19, 2004, the Mayor and Common Council of the City of San Bernardino ("City") approved and adopted "A Resolution of the Mayor and Common Council of the City of San Bernardino declaring Intention to Establish a Community Facilities District for New Development for the Ongoing Operation and Maintenance of a Fire Station for the Verdemont Fire Station Service Area and to Levy a Special Tax within said Community Facilities District, Setting a Public Hearing Thereon and Authorizing the Publication and Mailing of Notice Thereof (Community Facilities District No. 1033)'" (the "Resolution of Intention"), pursuant to the provisions of the "Mello-Roos Community Facilities Act of 1982", being Chapter 2.5, Part I, Division 2, Title 5 of the Government Code (commencing with Section 53311, the "Act"), and specitically Section 53321.5 thereof. The Resolution of Intention expressly ordered the filing of a written Engineer's Report of proposed Community Facilities District No, 1033 ("CFD No. 1033"), and directed that said Engineer's Report include the following: e I) A brief description of. the services, maintenance and operating costs of public facilities which will be provided within CFD No.1033, i.e., the estimated operations and maintenance expenses of the Verdemont Fire Station, Station No. 232 at 6055 Palm Avenue, San Bernardino, California ("Station"), including but not limited to payment of compensation of employees, including salaries and benefits. maintenance and operation of fire safety vehicles and the fire station structures, any other expenses required to keep the such equipment and improvements in tit operating condition and any incidental expenses (collectively, the "O&M Expenses"), which will be incurred as a result of providing the services and which will in the opinion of the preparer of the Engineer's Report. be required to adequately meet the needs of CrD No. 1033 for the next five (5) years; and ;U An estimate of the cost of providing for the O&M Expenses for the first five (5) years for each zone within CFD No. 1033. including a. brief explanation justifying the amount of the Special Tax for each zone type and any increase or decrease thereof in subsequent years as well as the estimated In-Lieu Fee that may be generated for each zone for all years evaluated in the Engineer's Report. Accordingly. the authorized representatives of the City have caused this Engineer's Report of CFD No. 1033 to be prepared by David Evans & Associates, Inc.. pursuant to the provisions of the Act and the Resolution of Intention. This Engineer's Report is intended to provide background information and factual data to eriable the Mayor and Common Council to take appropriate actions to impose the requirements upon new development within the Verdemont Fire Station Service Area for funding of a portion of the O&M Expenses to serve operations and maintenance of the Station. e 4i22.7426.Q6961 (I)do, EIlSl~co.I'5 Repun CFD:'oIo IOjj 6.14.l).l e- e e 2004-210 II. BACKGROUND ~a) It is appropriate and desirable for the City to institute a partial funding source (i.e. thU proposed CFD No. 1033) in order to otTset the costs of the normal operating expenses of the Station that would otherwise be required to be paid in total by the City General Fund. (b) Existing residential structures will not be included in the proposed CFD No. 1033. Spe.cialtaxes of CFD No. 1033 will be imposed only on new residential, commercial, office, and industrial development within the Verdemont Fire Station Service Area. The City pas tl1e.lel!.al abilitv durin the em'iro e view of proposed development within the Area that wou~~r or t e owners designee)Jn Mr1iciDate~ ,FD ~o. 103) and pay a ,.~ a portion of the O&M Expenses, (or, In t e a tema tve, prior to the issuance of each certificate of occupancy for residential development. pay an "In-Lieu Fee" in the amount [for the Initial Fiscal Year 2004-2005] of $6,349.88 per dwelling unit. whether for a single family or a multi-family unit. and prior to the issuance of each certificate of occupancy for commercial/retail/office/industrial zoning classifications pay an in-lieu fee in the amou of $44,350.47 per acre of development as set forth on a site plan of development). The Special Tax shall be increased by an amount not to exceed 2 % of the amount in effect for the previous Fiscal Year, up to the Fiscal Year commencing July 1,2033. The Special Tax shall terminate as to such Assessor's Parcel at the close of the thirtieth (30th) Fiscal Year following the beginning of the Initial Fiscal Year 2004-2005. i.e., the Special Tax shall terminate as of June 30. 2034. See Exhibit "An. "Calculation and assumptions for tinal Verdemont Fire Station CFD special tax". This requirement would apply only to new residential, commercial. retail and industrial development within the Verdemont Fire Station Service Area. (c) On April 19, 2004, the Mayor and Common Council approved and adopted the Resolution of Intention. which authorized the initiation of proceedings for the formation of CFD No. 1033. The Resolution of Intention set the public hearing on the formation of . CFD No." 1033 for the June 7. 2004 meeting of the Mayor and Common Council. which hereby was continued to June 21. 2004. . Notice of the June 7. 2004 public hearing was published on May 26, 2004, and notice was republished regarding the hearing's continuance to June 21. 2004. (d) The Resolution of Intention also called for the preparation and the recordation of a map of the proposed boundaries ofCFD No. 1033 ("Map") to be recorded with the COUllt)' of San Bernardino Auditor/Controller-Recorder's Office. A cop)' of the Map is attached hereto as Exhibit "C". The Map and this Engineer's Report (copies of which have been made available at the City Clerk's office) would be approved after the public hearing as part of the formation proceedings for CFD No. 1033. (e) Assuming that there is no majority protest by the affected property owners within the boundaries of CFD No. 1033, the Mayor and the Common Council may approve a "Resolution of Formation". which formally establishes the existence of CFD No. 1033. The Resolution of Format.ion (which includes information contained in the Resolution of ..H;2~..7.nC1.l.,J6l.,J61 (I).doc EI\!:!"IC'Ct'~Ktp...n("l;O'" W:jb-I".l.l.l 2 1____ e- e e 2004-210 Intention and attaches the Rate and Method of Apportionment of Special Tax for CFD No. 1033as an exhibit) makes findings regarding the Report and the Map. including the findings that the proposed special tax levy has not been precluded by majority protest and that all proceedings regarding the formation of CFD No. 1033 have been conducted in conformity with the requirements of the Act. (f) In addition to formally establishing CFD No. 1033. the Resolution of Formation calls for an election of the qualified electors. The City has determined that there are less than twelve (12) residents within the proposed boundaries ofCFD No. 1033. meaning that the qualified electors are the owners ofland within CFD No. 1033. to approve the levy of the Special Tax. The Act requires thaI the special landowner dection be held at least ninety (90) days atier the public hearing (unless unanimously waived by all of the affected property owners, in which event the election may be held at an earlier date). the Resolution of Formation sets such special landowners election for the meeting of September 20. 2004. and calls for all ballots to be received at a specified time prior to the meeting. If two-thirds (2/3) of the ballots approve the levy and collection of the special tax within CFD No. 1033. then the Mayor and Common Council will be presented a resolution canvassing the results of the election and an ordinance (for first reading) imposing the special tax.levy on the property owners within CFD No. 1033. at the September 20, 2004 meeting of the Mayor and Common Council. The Resolution of Formation also describes the procedure for conducting such an election, in this case by mailed-ballot election to be conducted by the City, wherein such landowners would have one vote for each acre of land he or she owns within the boundary ofCFD No. 1033. (g) The City has concurrently with the adoption of the Resolution of Intention approved the form of the Mitigation Agreement for CFD No. 1033. which provides that participating property owners'agree to pay for the formation expenses incurred by the City relative to the establishment of CFD No. 1033. Accordingly. the costs associated with the formation ofCFD No. 1033 will be borne by participating landowners. III. NECESSITY FOR AN ADDITIONAL FIRE STATION IN VERDEMONT FIRE STATION SERVICE AREA In_ City Fire Department administrative staff requested that a process be developed to study and adopt emergency service delivery management and planning standards. This was prompted in part by the need to consider the addition of a fire station to serve the Verdemont Fire Station _ Service Area. Without planning standards, the Verdemont Station concept could not be evaluated objectively. Subsequently, the Mayor and Common Council approved the establishment of a~ ~m! Standards Ad..-tloc Corpmi.tt~ (the "Committee") on September 21, 19~ of 8, the Committee began meeting to study and analyze topics relevant to establishing emergency service delivery standards. On March 28.2000. the Committee agreed upon certain standards to recommend to the Mayor and Common Council for adoption. The standards and other recommendations are listed below. 48~~.1426.9696.1 [11.00< E"lI-Il,",'1RcpoltCFOSo luH6-I....().I , .> e- e e 2004-210 A. Recommended Standards . Dispatch processing time shall be sixty (60) seconds or less for 90% of Calls for Service (CFS). . Turnout time shall be 60 seconds or less for 90% ofCFS. . Drive time from fire station to arrival on-scene at incidents shall be live (5) minutes or less for 90% of CFS. B. Other Recommended Actions . Automate the emergency medical pre-arrival and priority dispatching system. . Adopt a fire station siting plan that is consistent with the 5-minute drive time standard. . Study and analyze issues pertinent to the City's relatively high emergency incident call volume. An analysis of calendar year 2002 CFS to the Verdemont Fire Station Service Area showed that the 5 minute drive time standard was met for about 45% of245 CFS. This quantified the need for a fire station to serve the V erdemont Fire Station Service Area. IV. STRUCTURE OF THE SPECIAL TAX (a) This Report and the proposal i:ontained herein deal solely with the levy of the Special Tax for the payment of certain operating and maintenance costs of the Station, not the debt service or other capital outlay and replacement costs associated with any public facility. Section IV.(d) below sets forth the items that are deemed to be the "Included Items" and the "Excluded Items" of those which are eligible for payment by the City from the Special Tax levied within the CFD No. 1033. CFO No. 1033 will be limited solely to the payment of those Included Items related to the operation and maintenance of the Station. The City will impose an annual Special Tax lien upon all property within the CFD No. 1033 and the City will ensure that the Special Taxes are paid by each property owner in the same manner as the general property taxes are paid to the County of San Bernardino. The City reserves the right to enforce any and all unpaid Special Taxes and the liens thereof, including interest and penalties and collection costs, in the manner authorized by the Act through a separate legal action to be filed by the City separate and apart from any tax collection proceedings initiated by the County of San Bernardino for the payment of defaulted general property taxes. (b) The Special Tax shall be levied in conformance with the Rate and Method of Apportionment of Special Tax - Community Facilities District No. 1033, City orSan Bernardino ("Rate and Method") (the Rate and Method is set forth as Exhibit "B" hereto). . , (c) All of the property located within CFO No. 1033, unless exempted by law or by the Rate and Method, shall be subject to the Special Tax. Each year the Special Tax shall be levied subject to the methodology and Maximum Special Tax limits of the Rate and Method. The Special Tax imposed is a "special tax and not a special assessment, and there is no requirement that the tax be apportioned on the basis of benefit to any property", pursuant to Section 53325.3 of the Act. The Special Tax may be "on or based on a benefit received by 4822,N26.9696.1 [I).doc EII!;ln",,'lRcporlCFD'o IOJ~b.l~..Q.& 4 e- e e 2004-210 parcels of real property, the cost of making facilities or authorized services available to each parcel, or some other reasonable basis as determined by the legislative body"; however, the Special Tax may not be apportioned on an C1d valorem basis pursuant to Article XlIIA of the California Constitution. (d) The costs of the annual O&M Expenses of the Station shall only include the following described Included Items and shall specifically exclude the Excluded Items from payment through the CFD No. 1033: (i) Included Items: Personnel costs, salaries, benefits, administrative charges. bookkeeping and accounting incurred by the Fire Department (or other related City Departments); repair and maintenance of all buildings. facilities, personal equipment and firefighting equipment exclusive of the acquisition costs of any vehicles of any nature but including the repair and maintenance, oil, fuel, tires, insurance, and upkeep of all such vehicles; uniforms, firefighting protective equipment and clothing; hoses, ladders, and other fire fighting and life safety and protective equipment and first aid and CPR equipment; utilities. furnishings, food. paper products. office products and office equipment and supplies. communications equipment, radios. computers and telephones; building maintenance and upkeep, landscape maiqtenance and supplies, painting of buildings, replacement of worn or broken building components that are typically accounted by the City as expense items and not as capital improvement items. (il) Excluded Items: Excluded items are all items that are not for the direct operation and/or maintenance of the Station. These include but are not limited to the following: construction of the fire station. purchase or lease of any lire truck. pick-up truck. ambulances or any other motorized vehicles: and/or the replacement or upgrade of any component of the Station that has a useful life of more than 10 years. (e) Since 2002 there has been an increased interest in development within the Verdemont Fire Station Service Area. and there are potentially 382 single family residential housing units that could be constructed within the initial boundaries of the CFD No. 1033 within the next ten (10) years. Such new construction activity will exacerbate the need for the Station and particularly as development trends in the Verdemont Fire Station Service Area extend northerly towards Little League Drive and northerly from Little League Drive into the Devore area of the City. The third property acquired by the EDA in 1999, knovm as the "Bice" property (Parcel I). is severely impacted by the lack of a suitable final tract map. the designation of the "Bice" property as critical habitat for the San Bernardino Kangaroo Rat. and the reQuirement for numerous flood control and street realignment projects as a condition of development. The Bice property is located northerly of Little League Drive and in the area most impacted by the present lack of a fire station in the Verdemont Fire Station Service Area. (0 Several developers representing the vacant land holdings,. existing developers with projects in the area, and other interested parties have once again contacted the City to express interests to initiate development activities. within the Verdemont Fire Station Service Area. Based upon improvements in the general real estate market for single-family residential development within the City and the availability of low interest rate mortgage financing at this time, the City anticipates that additional demands will be placed upon the infrastructure needs 4822-7420-9696.1 [llOOc EnJIII""sRcronCFD~o IO;;o.l~./).I 5 2004-210 _ _ { wit~in the Verdemont Fire Station Service Area upon the de'.elopment of the presently proposed I . ~oJects. :.J (g) A May 2004 estimate of the projected number of residential housing units comprises four "parcels" within the Verdemont Fire Station Service Area identified as Nos. 1-4 on the Proposed Community Facilities District No. 1033 Map. Parcell (Century Village Homes. Alternative "C". formerly the Bice property) is projected to contain 275 housing lots. Parcel 2 is owned by the City and currently there are 19 housing units planned. Parcel 3 is Tentative Tract No. 15940. owned by Monica Morrow. et ai, and currently shows 41 housing lots. Parcel 4 is Tentative Tract No. 16457, owned by Covenant/Oasis San Bernardino LLC. and contains 47 housing lots. The following chart sets forth the assumptions that can be utilized for purposes of determining the cost per unit of the Verdemont Special Tax District and the burden that may be experienced by the City in connection with the operation and maintenance of the Verdemont Fire Station. Housing Units Exempt from Special Tax: o Housing Units to be built: 382 Average square footage of houses to be built: 2.000 Square footage of commercial/retail to be built o e Square footage of industrial to be built o (i) Future annexation of properties in the Verdemont Fire Station Service Area as new development continues will be accomplished in conformance with the Act and will be subject to all conditions and obligations of CFD No. 1033. (j) No bonds shall be issued in relation to CFD No.1 033. e V. CONCLUSION \. '822-H26.%96 I [11.doc Ell~'IWCI';Il(lllJnrfO'lrjo) IU.\;6.I.Hl" 6 e- e e 2004-210 It is the . . . However. 11 IS necessary to proVI e or a necessary public servIces for suc new evelopmenl. it is anticipated that this can be accomplished within the Verdemont Station Service Area both with the imposition of CFD No. 1033 to pay for ongoing operation and maintenance of the Station. With CFD No. 1033, the City should have an enhanced ability to meet its planning standards and provide adequate fire protection service to the areas which are presently outside of the existing fire station service areas. The imposition of CFD No. 1033 special taxes wi ovide th . with the funding for a portion of the annual 0 eration and maintenance costs 0 the 4822.7426-96%.1 (1).<101: Ell~inec('iRcponnD:'\:o) IOJJ(J-t.,~ 7 e- e e 2004-210 EXHIBIT "B" RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX COMMUNITY FACILITIES DISTRICT NO. 1033 CITY OF SAN BERNARDINO This Rate and Method of Apportionment of this Special Tax sets forth the special tax applicable to each Assessor's Parcel within Community Facilities District No. 1033 ("'CFD No. 1033") of the City of San Bernardino ("City") to be levied and collected according to the special tax liability determined by the Common Council of the City, acting as the Legislative Body of CFD No. 1033. The applicable Special Tax shall be determined pursuant to the application of the appropriate amount or rate as described below" All Taxable Property within CFD No. 1033, unless exempted by law. or the provisions of Section E. below. shall be subject to the applicable Special Tax levied and collected to the extent and in the manner herein provided. This Rate and Method of Apportionment also is provided as an explanation to allow landowners or residents within CFD No. 1033 to estimate the Special Tax to be annually levied and collected, or prepaid, as the case may be. with regard to p,roperty within CFD No. 1033. A. Definitions "Act'" means the Mello-Roos Community Facilities Act of 1982, as amended. being Chapter 2.5 (commencing with Section 53311) of Division 1 of Title 5 of the California Government Code. "Administrative Expense" means any costs incurred by the City on behalf of CFD No. 1033 related to the determination of the amount of the annual1evy of the Special Tax. the collection of the Special Tax. and the other costs incurred in order to carry out the authorize~ purposes of CFD No. 1033. "Special Tax" means the special tax to be levied in each Fiscal Year pursuant to Sections C. and D. on each Assessor's Parcel for a period not to exceed 30 years including the Initial Fiscal Year. "Assessor's Parcel" means a parcel of land as designated on an official map of the San Bernardino COllnty Assessor which has been assigned a discrete identifying parcel number. "CommerciallRetaillOftice/lndustrial Property" means property zoned for commercial. retail. office or industrial uses or other non-residential uses. "Common Council" means the Common COllncil of the City of ':;an Bernardino. 4K:I.olOO5.1%8.1 e- e e 2004-210 "Residential Property" means for any Fiscal year all Taxable Property for which a foundation building permit for single family or multi-family units was issued prior to May I preceding the Fiscal Year in which the Special Tax is being levied. "Facilities" means the Fire Station Services as may be identified in the Community Facilities District Engineer's Report prepared for CFD No. 1033 on file in the Office of the City Clerk, or the continued operation and maintenance of the Verdemont Fire Station, including but not limited to payment of compensation of employees, including salaries and benefits. maintenance and operation of fire safety vehicles and the fire station structures. any other expenses required to keep the such equipment and improvements in fit operating condition and any incidental expenses (collectively. the "O&M Expenses") to be financed by CFD No. 1033 pursuant to the Act. "Fiscal Year" means the period starting on July 1st and ending the following June 30th. "In-Lieu Fee" means a one-time fee. which fee shall be deposited into an interest bearing reserve account for future O&M Expenses in the following amounts and for which a lilrther explanation of the In-Lieu Fee will be described in an estimated cost report: Residential Zone $6.349.88 per residential dwelling unit as an In- Lieu Fee Commercial. Retail. Office Zone $'44.358.47 per acre of development as set forth on a site plan of development as an In-Lieu Fee Industrial Zone $44.358.47 per acre of development as set forth on a site plan of development as an In-Lieu Fee "Land Use Class" means any of the classes of Property listed in Table I and Table 2, below. "Project" means any project undertaken for the purpose of development involving the approval or issuance of any permit or entitlement for use by any governmental agency and includes all such permits and entitlements for use whether classified as quasi- legislative. quasi-judicial or ministerial in nature, including. but not limited to. the adoption. amendment. approval or issuance of any general plan. specific plan. master plan. zoning ordinance. tentative subdivision map. tentative parcel map. final subdivision map. final parcel map. variance. conditional use permit, site plan, plot plan. development plan, annexation. public utility connection, building permit and certificate of occupancy. "Taxable Property" means all Assessor's Parcels within the boundaries of CFD No. 1033 which are not exempt from the Special Tax pursuant to the Act and the provisions of Section E. herein. ~8~I-IUtl;.1t)68_1 __B. _ _ 2004-210 Assignment to Land Use Classes As soon as practicable, as of May 1 for the next succeeding Fiscal Year. all Taxable Property within CFD No. 1033 shall be categorized as Residential Property or either Commercial/RetaiIlOflice/lndustrial Zone Property. Taxable Property shall be subject to a Special Tax pursuant to Sections C. and D. below. c. Special Tax 1. Residential Property The Special Tax for each Assessor's Parcel classilied as Residc:ntial Property shall be the amount detemlined by reference to Table 1 and the paragraphs that follow Table 1. Table 1 Special Tax Rates for Residential Property (For the Initial Fiscal Year 2004-05) Land Use Class Land Use Descriotion Special Tax Per Unit (2004-05) $350.00 $350.00 1 2 Single Family Detached Unit Multi-Family Unit/Attached Dwelling Unit "- In determining the Special Tax which may be levied in any Fiscal Year. on July 1. 2005. and on each July 1 thereafter. the Special Tax shall be increased by an amount not to exceed 2 % of the amount in effect for the previous Fiscal Year. up to the Fiscal Year commencing July 1. 2033. The Special Tax shall terminate as to sllch Assessor's Parcel at the close of the thirtieth (30'h) fiscal Year following the beginning of the Initial Fiscal Year 2004-2005, i.e., the Special Tax shall terminate as of June 30, 2034. . 2. CommerciallRetail/Office/lndustrial Zone Property The Special Tax for each Assessor's Parcel classilied as either Commercial, Retail, Office, or Industrial Zone Property shall be the amount determined by reference to Table 2 and the paragraphs that follow Table 2. Table 2 Special Tax Rates for CommerciaIlRetail/Office/lndustrial Zone Property (For the Initial Fiscal Year 2004-05) Land Use Class Land Use Descriotion Special Tax Per Acre (2004-05). $2.445.00 $2.445.00 $2.445.00 $2.445.00 , ~ 4 5 6 Commercial Retail Oftice Industrial l8!1-400;-19681 e- e e 2004-210 In deb:rmining the Special Tax which may be levied in any Fiscal Year. on July I. 2005. and on each July I thereafter. the Special Tax shall be increased by an amollnt not to exceed 2 % of the amount in effect for the previous Fiscal Year. lip to the Fiscal Year commencing July I. 2033. The Special Tax shall terminate as to sllch Assessor's Parcel at the close of the thirtieth (30th) Fiscal Year following the beginning of the Initial Fiscal Year 2004-2005. i.e.. the Special Tax shall terminate as of June 30, 2034. D. Method of Apportionment of the Special Tax Commencing with Fiscal year 2004-05, and each Fiscal Year thereafter. the Council shall determine the Special Tax to be collected from Taxable Property in CFD No. 1033. The Council may levy the Special Tax on all Assessor's Parcels of Development Property by levying the Special Tax for land Use Classes I, 2, 3, 4, 5 and 6. E. Limitations The Council shall not levy a Special Tax on properties owned by the State of California, federal or other local governments. except as otherwise provided in Sections 53317.3 and 53317.5 of the Act. Property which becomes the property of the State of California. the ti:deral government or other public agency is liable for the Special Tax levied in the Fiscal Year during which such transfer occurs and will be subject to the Special Tax in each Fiscal Year thereafter under the original Land Use Class for such Assessor's Parcel. Such Assessor's Parcel may be exemPted. at the direction. and in the discretion. of the Council in any Fiscal Year. F. Prepayment of the Special Tax Any owner of property within CFD No. 1033 may discharge the Special Tax obligation in full or in part, by making payment pursuant to the applicable Sections F. 1. or F. 2 as follows: I. Upon the Appronl of a Tentatin or Parcel Map At the time of approval of a tentative or parcel map, the owner of such residential unit may prepay the Special Tax in full or in part by making a cash payment to CFD No. 1033. in which case the Special Tax for the Initial Fiscal Year. and each Fiscal Year thereafter. shall be reduced according to the following steps: a. Determine the maximum prepayment if the owner were to prepay lhe Special Tax in entirety. For example. for Projects approved prior to July 1. 2005, the. maximum prepayment for each residential U1~it is $6,439.88 and for each acre of development as set forth on a site plan of development for Commercial/Retail/Office or Industrial zone property is $44.358.47. b. Determine the property's revised Special Tax by multiplying the property's applicable Special Tax for the Initial Fiscal Year determined \ 4821.~OO;.19b8 I e- e e 2004-210 pursuant to Section c.. 1. by one minus the quotient obtained by dividing the cash payment made by the owner pursuant to this Section F. I .b. by the maximum prepayment obligation determined pursuant to Section F. I .a. The property's revised Special Tax for the Initial Fiscal Year. and each Fiscal Year thereafter. shall be the Special Tax for the applicable land use designation (Residential or Conunercial/Retail/Office/Industrial zone Property) for purposes of Sections C. and D. herein. 2. After the Approval of the Tentative Map/Parcel Map After the time a tentative or parcel map has been approved. and prior to May I for the next succeeding Fiscal Year, the owner of such parcel may prepay the Special Tax in full or in part by making a cash payment to CFD No. 1033. in which case the Special Tax for the applicable Fiscal Year. and each Fiscal Year thereafter, shall be reduced according to the following steps: a. Compute the present value of the Special Tax using a period equal to ihe lesser of the remaining term for which the Special Tax may be levied on such parcel: then b. Multiply the amount determined in Section F.2.a; above. by the owner's desired prepayment percentage (which shall be a minimum of twenty percent (20%) of the present value of the total Special Tax) to determine the prepayment amount subject to additional adjustments as specified below; then c. Add the following to the result of Section F.2.b.: i) Unpaid special taxes. interest and penalties. if any. which have been entered on the Assessor's tax roll: and iv) a $75 administrative charge per Assessor Parcel. d. The Special Tax applicable to property utilizing a prepayment percentage less than 100% shall be revised in the Fiscal Year following the date of prepayment by multiplying such property's Special Tax by the prepayment percentage actually determined in Section F.2.b. Such property's revised Special Tax for the Fiscal Year following the date of prepayment, and each Fiscal Year thereafter. shall be the Special Tax for such property for purposes of Sections C. and D. herein. In no event shall the In-Lieu Fee be increased by more than 2% per year nor shall the Tax be increased by more than 2% per year. based upon a cost inllation formula to be continued in the Estimated Cost Report and the Engineer's Report and made a part of the formation documents for the District, from the previous year for any property located within the District that was previously assessed and charged with the Tax in the immediately preceding year. The 4821-100;.1%8.1 e- e e 2004-210 Special Ta.x and the In-Lieu Fee shall be recalculated annually to reflect (i) any changes in the O&M Expenses. (ii) the annexation of additional property into the District. (iii) the payment of the O&M Expenses. or any portion thereof. with funds other than the Tax. (iv) the amount of In- Lieu Fees available to be applied for the applicable for which the calculation is being made. and (v) any other changes which may affect the estimated O&M Expenses for such year. G. Manner of Collection The Special Tax will be collected in the same manner and at the same time as ordinary ad valorem real property taxes. The Special Tax shall be subject to the same penalties and the same procedure. sale and lien priority in case of a delinquency as provided lor with ad valorem taxes. The collection of the Special Tax shall otherwise be subject to the provisions of the Act, The Common Council reserves the power to provide for alternative means of collection of special taxes as permitted by the Act. H. Termination of Special Tax Levy Provided that Special Taxes previously levied on an Assessor's Parcel are not delinquent. the lien of special taxes of CFD No. 1033 shall terminate as to such Assessor's Parcel at the close of the thirtieth (30) Fiscal Year following the beginning of the Initial Fiscal Year for such Assessor's Parcel. Furthermore. provided an owner within CFD No. 1033 fully and completely discharges their special tax obligation pursuant to Sections F.I and/or F.2. the lien of special taxes of CFD No. 1033 shall terminate. Pursuant to Section 53330.5 of the Act, the Common Council shall. upon written request. cause to be recorded in the oflicial records of San Bernardino County a Notice of Cessation of Special Tax Lien for each Assessor's Parcel upon termination of the lien on such Assessor' s Parcel. I. Review/Appeal Board The Council shall establish. as part of the proceedings,and administration of CFD No. 1033, a special Review/Appeal Board. Any landowner who feels that the amount of the Special Tax. as to their Assessor's Parcel. is in error may file a notice with the Review/Appeal Board appealing the amount of the levy. The Review/Appeal Board shall interpret this Rate and Method of Apportionment of the Special Tax and make determinations relative to the annual administration of the speci'altax and any landowner appeals. as herein specified. '821.400;-1%81 e e e lUU4-llU 5...[[1 I or J EXHIBIT "e" COMMUNITY FACILITIES DISTRICT NO. 1033 VERDEMONT FIRE STATION SERVICE AREA IN THE CITY OF SAN BERNARDINO COUNTY OF SAN BERNARDINO. STATE OF CALIFORNIA PARcn NO [j) [II [II TENTATIVE TRACT 15940 ill TENTATIVE TRACT 16457 OMU"R REOEVELOPIotENT AGENCY or THE CITY or SAN BERNARDINO CITY or SAN BERNARDINO MONICA WQRROW. ET Al COvENANT/OASIS SAN BERNARDINO. LlC -----------, .-.~...-.... SHEET 2 I I I I rr------------, 'I SHEET 3 I I I I I I I I I I J I I II, I I I I I I I I I I I I L___________ . DAVIO WANe _A..oeIAT.. _. ------ --.... -...- ... VlCNTl'IW' - ----.-.. FUO A'lttOUEST CI DTY a.rltK -....-,.,.-- --- --.----- . . ..- ."'''-- --.-- ___I ,.---.-..-----.. --..-...,......"....-.-. ____....:.....___.1.___ ......-..-...-........----- -- -.....--. -...- 111"- ........- .._.~- e- e 2004-210 EXHIBIT "c" COMMUNITY FACILITIES DISTRICT NO. 10J3 VEROEMONT FIRE STATION - SERVICE AREA IN THE CITY OF SAN BERNARDINO COUNTY OF SAN BERNARDiNO. STATE OF CALIFORNIA SH(ET 2 or J - IS' ----- f-- -------- J . "''IID"'''". _.....Dl!;I..T.._ ----.-- ....-..'" ---- e- e e .lUV't-"LU EXHIBIT "e" COMMUNITY FACILITIES DISTRICT NO. 1033 VERDEMONT FIRE STATION SERVICE AREA IN THE CITY OF SAN BERNARDINO COUNTY OF SAN BERNARDINO. STATE OF CALIFORNIA 511[[1 J or J \, . .,."..IIY..... _"'..QGtAT.. __ ------ --- --...- e- SECTION 8 e Verdemont Infrastructure Fee Increase e' e- e e VERDEMONT INFRASTRUCTURE FEE INCREASE - EDA Loan and Fira Station (DRAFT elated 3/27103) Amount of V1F TotIIl units Total V1F- 10 yrs AnnWlI Debt Bvc SUMMARV OF FINANCING ASSUMPTIONS $ 3,000.00 EDA Loan S 1,730,1170.00 1.411.49 Fire Station $ 1,700,000.00 S 4,234,474.45 Other S $ 423,447.44 TotaIlmpa S 3.43Q,870.oo I. SummarY Df Public tmDl'DVeIMnt Coats In Verdemont Principal Ann...1 Tv.. of Infrntructu... eo.t COlt ,. 1993 EOA loan $ 1,730.870.00 $ 224,155.58 assumes amortization for interest rate of 2. FireStatlon-State $ 1,700,000.00 $ 199,291.86 assumes amortization for Inf Bank Loan Interutl'8teot 3. Other Improvements $ $ assumes amortization for & Prepayment of Loans Interest rate of Total Colts $ 3,<30,170.00 $ 4230447.... II. SummarY of Total Annul' Cost Der PubUc ImDrovement COlts per Yu, to Finance an Vard.moot Improvements v..rs 1 $ 2 $ 3 $ 4 $ 5 $ 6 $ 7 $ 6 $ 9 $ 10 $ TOTAL $ DEBT BV EDA Loan 224,155.58 224,155.58 224,155.58 224,155.58 224,155.58 224,155.58 22",155.58 224,155.58 224,155.58 224,155.58 2.241,555.84 FIr> Station S 199,291.86 $ 199,291.86 $ 199,291.86 $ 199,291.86 $ 199,291.86 $ 199,291.86 $ 199,291.86 $ 199,291.86 S 199,291.86 S 199,291.86 $ 1,992,918.61 111. C.lculatlon of Verdernont InfrHtructu,. F.. A. Single FamHy Units to be Built Time period within which units expected Annual SF Units per year B. Totalcostfor10ye.rs. 10 yrs at 10 year cost Cost per unit $ TOTAL PER YEAR S 423,447.44 S 423,447.44 S 423,447.44 S 423,447.44 S 423,447.44 S 423,447.44 $ 423,447.44 $ 4~3,447.44 $ 423,447.44 $ 423,447.44 S 4,234,474.45 1,411 SF Units 10 years of build out 141.15 per year 423,447.44 per year S 4,234,474.45 $ 3,000 per unit Units per Vo, .141.15 $ 141.15 $ 141.15 $ 141.15 $ 141.15 $ 141.15 $ 141.15 $ 141.15 S 141.15 S 141.15 S 1,411.49 Annual F.. 3,000.00 3,000.00 3,000.00 3,000.00 3,000.00 3,000.00 3,000.00 3,000.00 3,000.00 3,000.00 10 years 5% 10 years 3% 10 yeerl 0% e- VERDEMONT INFRASTRUCTURE FEE INCREASE - EDA Loan and Fire Station (DRAFT dated 3/27/03) Amount of V1F Total units Total V1F- 10 yrs Annual Debt $vc SUMMARY OF FINANCING ASSUMPTIONS $ 3,000.01 EOA Loan S 1,730,870.00 2,123.00 Fire Station $ 1,700,000.00 $ 6,369.02..45 Other $ 2,134.550.00 S 636,902.44 TotIllmps $ 5.565,420.00 I. SummarY of Public ImlJl'OVefMnt Coats In VerdMWInt Principal AnnUli. Type of Infr..tructure Coat Coat 1. 1993 EOA loan $ 1.730.870.00 $ 224,155.58 assumel amortization for interest rate gf 2. Fire Station - Stale $ 1.700,000.00 $ 199,291.86 assumes amortization for Inf Bank Loan interest l'lte of 3. Other Improvements $ 2,134,550.00 $ 213,455.00 assumes amortization for & Prepayment of Loans intemtrate of Total Costs $ 5,585,420.00 $ 636,902.44 II. SummarY of Total Annual Cost oer Public ImDrovement Coati per Vea, to Finance all Verdemont Improvements EDA Fire Other Imp TOTAL PER Vea,.. Loan SIaIIon & Loan PresKW YEAR 1 $ 224,155.58 $ 199,291.86 $ 213,.55.00 $ 636,902.44 2 $ 224.155.58 $ 199,291.86 $ 213,455.00 $ 636,902.44 3 $ 224,155.58 $ 199,291.86 $ 213,455.00 $ 636,902.44 4 $ 224,155.58 $ 199,291.86 $ 213,455.00 $ 636,902.44 5 $ 224,155.58 $ 199,291.86 $ 213,455.00 $ 636,902.44 . $ 224,155.58 $ 199,291.86 $ 213,455.00 $ 636,902.44 7 $ 224,155.58 $ 199,291.86 $ 213,455.00 $ 436,902.44 e . $ 224,155.58 $ 199,291.86 $ 213,455.00 $ 636,902.44 9 $ 224,155.58 $ 199,291.86 $ 213,455.00 $ 636,902.44 10 $ 224,155.58 $ 199,291.86 $ 213,455.00 $ 636,902.44 TOTAL $ 2,241,555.84 $ 1,992,918.61 $ 2,134,550.00 $ 6,369,024.45 DEBT SV e 111. Calculation of Vardemon! Infrll.tructure 'F.. A. Single FamNy Units to be Built Time period within which units expected Annual SF Units per year 2,123 SF Units 10 years of build out 212.30 per yeer B. Total cost for 10 years- $ 636,902.44 per yeer 10 yrsat 10 year cost Cost per unit $ 6,369,024.45 $ 3,000 per unit Units per V.ar ,212.30 $ 212.30 $ 212.30 $ 212.30 $ 212.30 $ 212.30 $ 212.30 $ 212.30 $ 212.30 $ 212.30 $ 2,123.00 Annual Foe 3,000.01 3,000.01 3,000.01 3,000.01 3,000.01 3,000.01 3,000.01 3,000.01 3,000.01 3,000.01 10 years 5% 10 years 3% 10 years 0% e- SECTION 9 e Calculation and Assumptions for Final Verdemont Fire Station CFD . . Special Tax e EXHIBIT "A" Calculation and assumptions for final Verdmont Fire Station CFD special tax e. I. Residential Calculation and AssumDtlons average size house 2200.00 assumed rate/sq. ft $ 0.16 Tax Rate $ 352.00 II. Commercial. Industrial and Retail AssumDtions coverage factor/acre 33% land area of an acre 43,560.00 assumed net land 14,374.80 assumed rate/sq. It $ 0.17 Tax Rate 2443.72 Calculation of Inflator Increases and Preoavments of Mitiaation Fe. Res Tax 6.00% Period Calendar rate with PV factor PV of each Number Year 2% Inflator to 12/31 annual amt 1 2004 $ 350.00 1 $ 350.00 2 2005 $ 357.00 0.943396 $ 336.79 e 3 2006 $ 364.14 0.889996 $ 324.08 4 2007 $ 371.42 0.839619 $ 311.85 5 2008 $ 378.85 0.792094 $ 300.09 6 2009 $ 386.43 0.747258 $ 288.76 7 2010. $ 394.16 0.704961 $ 277.87 8 201.1 $ 402.04 0.665057 $ 267.38 9 2012 $ 410.08 0.627412 $ 257.29 10 2013 $ 418.28 0.591898 $ 247.58 11 2014 $ 426.65 0.558395 $ 238.24 12 2015 $ 43518 0.526788 $ 229.25 13 2016 $ 443.88 0.496969 $ 220.60 14 2017 $ 452.76 0.468839 $ 212.27 15 2018 $ 461.82 0.442301 $ 204.26 16 2019 $ 471.05 0.417265 $ 198.55 17 2020 $ 480.47 0.393646 $ 189.14 18 2021 $ 490.08 0.371364 $ 182.00 19 2022 $ 499.89 0.350344 $ 175.13 20 2023 S 509.88 0330513 S 168.52 $ 4,977.66 21 2024 $ 520.08 0.311805 $ 162.16 22 2025 $ 530.48 0294155 $ 156.04 23 2026 $ 541.09 0.277505 $ 150.16 24 2027 $ 551.91 0.261797 $ 144.49 25 2028 $ 582.95 0.246979 $ 139.04 36 2029 $ 574.21 0.232999 $ 133.79 27 2030 $ 585.70 0.219810 $ 128.74 e 28 2031 $ 597.41 0.207368 $ 123.88 29 2032 $ 609.36 0.195630 $ 119.21 30 2033 $ 621.55 0.184557 $ 114.71 $ 6,349.88 per house cd W~6C:01 v00c 11 'un[ LSLS-1Sv 606: 'ON X~3 SNt:K'\3 01 ()\:IQ: ~3 e- e e Period Number Com, Ind RetI Tax 6.00% Calendar rate with PV factor PV of each Year 2% Inflator to 12/31 annual amI 1 2004 $ 2,445.00 1 $ 2,445.00 2 2005 $ 2,493.90 0.943396.$ 2,352,74 3 2006 $ 2,543.78 0.1l89996 $ 2,263.95 4 2007 $ 2,594.65 0.839619 $ 2,178.52 5 2008 $ 2,646.55 0.792094 $ 2,096.31 6 2009 $ 2,699.48 0.747258 $ 2,017.21 7 2010 $ 2,753.47 0.704961 $ 1,941.09 8 2011 $ 2,808.54 0.665057 $ 1.867.84 9 2012 $ 2.864.71 0.627412 $ 1,797.35 10 2013 $ 2,922.00 0.591898 $ 1,729.53 11 2014 $ 2,980.44 0.558395 $ 1,664.26 12 2015 $ 3,040.05 0.526788 $ 1,601.46 13 2016 $ . 3.100.85 0.496969 $ 1,541.03 14 2017 $ 3.162.87 0.468839 $ 1,482.88 15 2018 $ 3,226.13 0.442301 $ 1,426.92 16 2019 $ 3,290.65 0.417265 $ 1,373.07 17 2020 $ 3.356.46 0.393646 $ 1,321.26 18 2021 $ 3,423.59 0.371364. $ 1,271.40 19 2022 $ 3.492.06 0.350344 $ 1,223.42 20 2023 $ 3,561.90 0.330513 $ 1,177.26 $ 34,772.49 21 2024 $ 3,633.14 0.311805 $ 1,132.83 22 2025 $ 3,705.80 0.294155 $ 1,090.08 23 2026 $ 3,779.92 0.277505 $ 1,048.95 24 2027 $ 3,855.52 0.261797 $ 1,009.36 25 2028 $ 3,932.63 0.246979 $ 971.28 36 2029 $ 4,011.28 0.232999 $ 934.62 27 2030 $ 4,091.51 0.219810 $ 899.35 28 2031 $ 4,173.34 0.207388 $ 865.42 29 2032 $ 4,256.80 0.195630 $ 832.76 30 2033 $ 4,34194 0.184557 $ 801.33 $ 44,358.47 par acre ~d WdGC:~t v00~ tt 'un; LSLS-tBv 606: 'ON X~~ SNtifl3 a I f'Il:KI: l-Gl~ e- e e "'8",....re N m....M..... ~~~Pl~~ C")("').....".... 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