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HomeMy WebLinkAbout27-Planning & Building Services ~ CITY OF SAN BERNARDINO INTEROFFICE MEMORANDUM CITY CLERK'S OFFICE RECORDS & INFORMATION MANAGEMENT (RIM) PROGRAM DATE: May 20, 1997 TO: Suzanna Cordova, Deputy City Clerk FROM: Melanie Miller, Deputy City Clerk RE: CC: Via e-mail - Rachel Clark, City Clerk, Sandra Medina, Administrative Operations Supervisor Please include this memorandum with your agenda backup packet for the May 5, 1997 meeting. Regarding Item No. 27, Mayor and Common Council Meeting of May 5,1997, as follows: CONTINUED FROM APRIL 7. 1997 TO BE HEARD AT 11:00 A.M. 27. Appeal hearing - Planning Commission's approval of Tentative Tract No. 15775 relative to a reversion to acreage. (See Attached) (Backup material was distributed on March 3, 1997, Item No. 29; and was continued to April 7, 1997, Item No. 35.) Ward 4 Aooellant: Ron Kemper, Crawford Investment Company Owner: Sterling Heights, A California General Partnership, C/O The Tahiti Group & Melcorp Investments, Inc. Aoolicant: Pat Meyer (representative for Redlands Federal Bank), Urban Environs Reauest/Location: The property is a 48.1 acre site that was originally approved and recorded as Tract No. 11857, 11858, 11859 and 11860. The property is located just north of Foothill Boulevard, south of Daley Canyon Road, west of Sterling and east of Osbun Road, and is within the RL, Residential Low, land use district. Tentative Tract 15775 is a reversion to acreage to consolidate the parcels created by recorded Tract Nos. 11857 through 11860. The revision will remove/negate certain requirements that are no longer applicable. Tentative Tract 14112 was approved on November 7, 1990 for a 56-lot, single-family development. Tentative Tract 14112 is not a part of the application for Tentative Tract 15775 and this reversion to acreage request does not impact any existing conditions of approval for Tentative Tract 14112. Mayor to open the hearing . . . MOTION APPROVED: That the hearing be closed; and that the Mayor and Common Council deny the appeal and approve Tentative Tract No. 15775, based on the findings of fact contained in the Planning Commission Staff Report dated, January 13, 1997, (Exhibit Three). 1 ~ Please be advised that the large bound documents for this agenda item have been boxed and stored in Box #484. As of this date Box #484 is being stored in City Hall; however, the box will eventually be stored in our storage facilities at the City Yards. The contents of Box #484 are as follows: I. Bound Report entitled "Book I of II, Public Health and Safety, San Andreas Fault, Storms and Wildfires, Primary and Secondary Emergency Access by The 1/22/86 Dedicated Sterling Avenue and Daley Canyon Road North/East, Engineering Plans approved by City fo construction with FEIR and Faithful Performance Bond, to serve, Sterling Heights Development, 50+ acres, 100 Existing Residential Homes to the Northwest, Construction Permits Allowed by City with no Secondary Emergency Access, Secret Hollow Ranch, 110 + Acres, Little Sand Canyon Development, 180+ Acres, January 1991 City Economic Development Agency and City/San Bernardino Municipal Water District Joint Participation, Alternative Implementation, Acquisition Improvement District/Ordinance and Maintenance District, Prepared for and Provided Michael Hayes, Director of Planning and Building Services, Henry Empeno, Jr., Deputy City Attorney, Representing the DERC, Planning Dept./Commission, City/SBMWD, Mayor and Common Council, Provided to Councilman David Oberhelman, Fourth Ward, Roger Hardgrave, Director of Public Works and City Engineer, Redlands Federal Bank - Redlands Financial Services, Patrick J, Meyer Representing Redlands Federal Bank and Sterling Heights, Appellants Crawford Investment Company, et al, Initial Joint Participating Parties Meeting, Thursday, April 3, 1997", 2. Bound Report entitled "Book II of II, Public Health and Safety, San Andreas Fault, Storms and Wildfires, Primary and Secondary Emergency Access, Draft Updated December 15, 1993, July 6, 1993, For Discussion Purposes Only, The Sterling Avenue Area Chronology and Background Actions, and Funding Structure and Tentative Action Schedule for The Sterling Avenue Area Primary/Secondary Access Implementation with Landscape/Mitigation Plan Implementation, The Participating Parties Are: Sterling Heights, City/EDA Little Sand Canyon and RSA-Secret Hollow Ranch, Sterling Avenue Area Acquisition Improvement District(s) Ordinance and Maintenance District(s), Prepared For and Provided Michael Hayes, Director of Planning and Building Services, Henry Empeno, Jr., Deputy City Attorney, Representing the DERC, Planning Dept./Commission, City/SBMWD, Mayor and Common Council, Provided to Councilman David Oberhelman, Fourth Ward, Roger Hardgrave, Director of Public Works and City Engineer, Redlands Federal Bank - Redlands Financial Services, Patrick J. Meyer Representing Redlands Federal Bank and Sterling Heights, Appellants Crawford Investment Company, et ai, Initial Joint Participating Parties Meeting, Thursday, April 3, 1997". 3. Bound Report entitled "Respectfully Submitted to Mayor and Common Council for May 5, 1997 Public Hearing and Agenda Item NO. 27, Tentative Tract Map No. 15775 and Applicable, Sterling Heights Tentative Tract No. 14112, with May 5, 1997 Letter to the Mayor and Common Council including all referenced attachments ,respectfully submitted for the Public Record, Agenda Item No. 27, and Provided to City Clerk in Attendance, Public Health and Safety, San Andreas Fault, Storms and Wildfires, Primary and Secondary Emergency Access, Schematic Landscape/Mitigation Plan". 4. Bound Report entitled "Sterling Avenue Area/North Orchard Mills Increased Property Values and Appreciation, Field Surveys, Details, Engineering Plans/Report(s), January 22, 1986 Dedicated Sterling Avenue Area/North, City Municipal Water Department and East Valley Water District Consultants", 5, Bound Report entitled "Joint Co-ordination for Overall Plan(s) of Development(s), Socioeconomic, Generated Public Revenues, Employment, Recreation Open Space Element(s), Private Capital Investment for the East Valley "Increased Property Values and Global Employment Corridor", San Bernardino International Airport Area Expansion Addendwn" . 2 , 6. Bound Report entitled "Joint Co-ordination for Overall Plan(s) of Development(s), Socioeconomic, Generated Public Revenues, Employment, Recreation Open Space Element(s), Private Capital Investment for the East Valley "Increased Property Values and Global Employment Corridor", San Bernardino International Airport Area Expansion Appendices". 7. Disparate Treatment/Impact Preface: Rancho San Andreas Overall Enhanced Resource Management Plan(s), a Demonstration Project Plan(s) of Development(s) for the East Valley North "Increased Property Values and Appreciation", Public Environmental Circulation, Access, Recreation Facilities and Open Space Corridors Preface II . Should you have any questions on this matter, or need assistance please do not hesitate to contact me at extension 3204. C;{~/~ ~L'~ Melanie Miller Deputy City Clerk mam 3 CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: Michael E. Hays, Director " Subject: ORIGINAL Appeal of Planning Commission Approval of Tentative Tract No. 15775 - A Reversion to Acreage Dept: Planning & Building Services Date: April 24, 1997 Synopsis of Previous Council Action: MCC Date: May 5, 1997 April 7, 1997 March 3, 1997 Continued to May 5, 1997 No action taken, continued to April 7, 1997 Recommended Motion: That the Mayor and Common Council close the public hearing and deny the appeal, and approve Tentative Tract No. 15775, based on the Findings of Fact contained in the Planning Commission staff report (Exhibit 3). ~ ~Ha~ Contact person: Michael Ha.ys Phone: 384-5357 Supporting data attached: Staff Report Ward: 4 FUNDING REQUIREMENTS: Amount: Nt A Source: (Acct. No.) NtA (Acct. Description) Finance: Council Notes: Au&HN. O.Fi"'lC.8 Agenda Item No. :11 ;~.; tHi 97 6 I 0) 5/5/11 -#27 CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION ADDENDUM TO MARCH 3, 1997 STAFF REPORT SUBJECT: APPEAL OF PLANNING COMMISSION APPROVAL OF TENTATIVE TRACT NO. 15775 - A REVERSION TO ACREAGE OWNER: Sterling Heights, A California General Partnership clo The Tahiti Group & Melcorp Investments, Inc. P.O. Box 5441 San Bernardino, CA 92412 (909)889-7164 APPLICANT: Pat Meyer (representative for Redlands Federal Bank) Urban Environs 133 E. Vine Street Redlands, CA 92373 (909)798-4446 APPELLANT: Ron Kemper Crawford Investment Company 1770 N. Arrowhead Avenue San Bernardino, CA 92406 (909)882-3393 STATUS: + The appeal was heard by the Mayor and Common Council on March 3rd, 1997. At that meeting no action was taken and the appeal was continued to April 7th. + A meeting was held on March 25th, 1997 which included Councilman Oberhelman and representatives from Redlands Federal Bank, City Attorney's Office, Public Works and Planning and Building Services. No action was taken at that meeting. + A meeting was held on April 3rd, 1997 which included Councilman Oberhelman and representatives from Crawford Investments, Redlands Federal Bank, City Attorney's Office, Public Works, Planning and Building Services; and the following individuals: Warner Hodgdon, and August Scherer, an investor with Crawford Investments. + Warner Hodgdon agreed to provide copies of materials he presented at the April 3rd meeting to the City no later than Wednesday, April 9th. To date, those materials have not been submitted to the City. + At the April 7th, 1997 Council meeting, this project was continued to the May 5th Council meeting. RECOMMENDATION: Staff recommends that the Mayor and Common Council deny the appeal, and approve Tentative Tract Map No. 15775 based on the Findings of Fact and Conditions of Approval contained in the January 28, 1997 staff memorandum and report (Exhibit 3). Prepared by: Margaret Park, Associate Planner For: Michael E. Hays, Director, Planning and Building Services CRAWORD Investment Company April 21, 1997 Entered into Record.. S" Is h 7 Council! CmyDevCms Mtg: Honomble Mayor and City Council City of San Bernardino 300 North 0 Street San Bernardino, CA 92401 by re AgenJallem J 7 q~~ City Clerk/CDC See, City of San Bernardino RE: Case: Tentative Tract Map No. 15775 Hearing Date: May 5, 1997 Dear Mayor Minor and City Council: The following is respectfully submitted to you and your staff for considemtion in formulating your recorrunendation the above referenced item placed on the Agenda for the May 5, 1997 Meeting. I am not a lawyer and I do not mean to imply by my comments that I am aware of all of the potential legal ramifications of this issue. However, I believe that for the Planning staff to recorrunend to the Planning Commission and City Council to allow tentative Tmct No. 15775 to be approved for final recording along with a consequential reversion to acreage would not be in the interest of the City of San Bernardino, in the interest of the nearby homeowners, those homeowner's lenders, and would further jeopardize the safety and welfare of those homeowners by failure to supply a proper access for emergency vehicles in case of fire, emergency medical problems or other catastrophes. It does not matter that the City as a condition of reversion to acreage is requiring that the dedication of the extension of Sterling A venue and Daley Canyon Road be retained. The mere fact of dedication does not physically put the necessary access roads in even though the City has the wherewithal to fmance the construction of such roads through the existing Letter of Credit put up by Redlands Fedeml Bank (the HBankH). As I believe you are already aware, my client, whose property is comprised of 110 acres located one half mile north of Foothill Drive and at the end of dedicated Sterling A venue, a public road, but for the assumnces of City Staff and review of documents described below supplied from the City with respect to the guarantee by the City of the construction of Sterling A venue and Daley Canyon Road, would never have loaned money for the development of the property to the north of the subject property. City of San Bernardino Memorandum, dated 4-1..91. " Sterling Avenue, Dedication of 60 feet of right-of-way. Curb separation shall be 40 feet. Construct curb and gutter both sides of street. Fun street width paving from Foothill Drive to North Line of Tract 11857. Sidewalk Real Estate Loans and Investments 1770 NORTH ARROWHEAD AVENUE . POST OFFICE BOX 2727 . (909) 882-3393 . SAN BERNARDINO, CALIFORNIA 92406 April 21, 1997 page two Michael Hays shall be constructed on the west side of the street. Slope easements shall be dedicated as required. Maximum street grade shall not exceed 12 %. The intersection of Sterling and Foothill Drive shall be subject to the review and approval of the City Traffic Engineer. Sterling Avenue shall be constructed to the north intersection with the Major Looped Private Street with Tract No. 11859." City of San Bernardino Memorandum, dated 4-10-81: Two separate means of access shall be required during all phases. In order to achieve this ordinance requirement, Sterling Avenue shall be dedicated in its entirety with recordation of the first final map to connect with the emergency access route along the north houndary of Tentative Tract No. 11859. The Improvement Security Agreement dated September 30, 1985 between Redlands Federal Savings and the City of San Bernardino which states: 'ff the subdivider fails to complete and/or pay for the listed items, funds shall be inunediately made available to the City to complete and/or pay for the listed items." The City of San Bernardino in its 10-5-84 writing addressed the issue stating: 'The items listed below shall be completed and/or submitted to the Director of Public Works, City Engineers Office, payable to the City of San Bernardino, where applicable prior to presentation of the final map to the Mayor and Common Council for fmal approval' In addition, my client was provided with a copy ofresolution dated October 9, 1985, number 85-408 which states "the fmal map of subdivision Tract is hereby approved and the City of San Bernardino hereby accepts as public property all dedications within the subdivision as shown on said final map for streets, alleys, including access rights, drainage and other public easements as a condition precedent to approval of the final map. The subdivider shall fmt execute the agreement referenced in section 2, hereof for the improvements within said subdivision. Also provided to my client was a copy of the agreement for subdivision improvements which notes that the Council bas approved said map and accepted the dedications therein offered, and additionally requires a contract security concurrent with the execution hereof. You might ask yourselves was my client the only one who based making fmancial decisions on the extension of Sterling Avenue. The answer is No. As is shown in documents dated September 23, 1992, and referred to below the first being the City of San Bernardino Economic Development Agency Development Department, which states in a request for proposals for the design of Little Sand Canyon, 'the project area is designed for approximately 104 dwellings and would receive its primary access to the site via the extension of Sterling A venue. The project should be designed for development as a gated community offering high quality, low density housing. April 21, 1997 page three Michael Hays With the adjacent Secret Hollow Ranch and Sterling Heights projects are proposed for designs as gated, planned developments. This cluster of three developments should bode well to establish the area as one with upscale bousing and highly desirable neighborhoods.' In addition the City of San Bernardino Water Department and East Valley Water District have based their decision on the location of reservoirs and main line extensions upon the construction of Sterling Avenue. An inter-departmental correspondence from the San Bernardino Municipal Water Department dated December 30, 1985 addressed to Roger Hargrave stated that the water department has reviewed the Tract map 11857 including the proposed Sterling A venue extension. The recordation of the said Tract map is approved subject to all conditions previously set forth by the Board of Water Conunissions. In the conditions it states 'After final discussion, it was moved by Commissioner Willis, duly seconded by Commissioner Urata and unanimously voted to approve the equal exchange of property, to approve the signing of the recorded subdivision amp, and approve the development of an access road and reservoir site, all be10g accomplished by Garner, Tracadas & Troy Inc., ' . In a fire prevention memorandum to AI Bouy, Director of Planning and Building Services from E. Guy Burdick, Fire Marshall, dated May 10, 1993. He states 'It is the opinion of the Fire Department that Sterling Avenue above Foothill should be retained as a public right-of-way. This right of way would allow emergency vehicles to respond on these streets to rapidly respond 1oto this area. Our experience has shown that small and winding residential streets like those proposed for the Sterling Heights Tract are highly restrictive and can be very congested 10 emergencies. These response vehicles would 10clude fire engines, ambulances, water tenders, tractor/trailer rigs hauling dozers, task foree teams and numerous other agency vehicles. The response time 10 the foothill areas is presently delayed due to the uphill grade and when this type of construction cont1oues it will extend emergency response times because of the narrow and winding streets. When these streets are residential, the response time can only 10crease more because of children playing 10 or near the street and vehicles parked curbside or backing out of driveways. For the above reasons, Sterling Avenue is the recommended maio route for access to the Sterling Heights area.' Note; we believe for this reason alone the City of San Bernardino should be demanding the surety monies and building the improvements to ensure that these over 100 residences have adequate ingress and egress or response time for emergency vehicles during fire, medical emergencies and major catastrophes such as the panorama fire or a large earthquake. Here again, remember without the extension of Sterling Avenue, over 100 residences in the City of San Bernardino, will have only one ingress and egress. If this is cut off, they will not have access to fire or medical aid. April 21, 1997 page four Michael Hays I believe that allowing the subject property to revert to acreage thereby endangering the safety of surrounding homeowners goes beyond the police powers of the City of San Bernardino and is a violation of substantive due process. This is because the regulatory action taken by the City would not be for a legitimate public purpose while at the same time the burden thereby placed on nearby property owners would bear no rational connection even assuming that this regulatory action was.for a legitimate public purpose. Instead, the regulatory action contemplated appears arbitrary and unreasonable. To escape liability for its interference with private property rights, the public entity's regulatory action must be Hnecessary for the general good of the publicH (House vs Los Anl!eles Countv Flood Control District (944) 25 Cal 2d 384. Furthermore, even assuming the regulatory action has a proper public purpose, the result would impose a severe burden on private property owners such as to constitute a taking of private property for public use without just compensation. Previously, the planning staff relied for justification for recommending approval of the reversion to acreage on the case of Countv of Yuba vs Central Vallev National Bank (1971) 20 Cal App 3rd 109. However, reliance on that case in this factual situation is misplaced. The case is not on point. It is distinguishable from the present sitnation. In XYhi, it was clear from the language of the instrument of credit that the parties expressly intended to provide security for full completion of the improvements only if construction had already begun. The contractor's president stated that the property would merely revert to acreage by the terms of the instrument of credit if construction did not begin. The court found that construction of streets would serve no useful public purpose in the absence of the construction of the subdivision and that none of the parties involved ever intended that the streets would be constructed except as part of the construction of the actual subdivision. As the court in Citv of Sacramento vs Transoacific Industries. Inc. (1979) 98 Cal App 3rd 389, the Court distinguished the Yuba case by pointing out that in Yub!!, no palpable need existed for the street improvements to be constructed on the property since the land was in an undeveloped and uninhabited farmland area. In Yuba, the street improvements were to be only for the benefit of the lots in that particular subdivision. Without the construction of houses on those lots, there was no need for roads and improvements. In the present case, the road improvements would benefit not only the originally contemplated tracts but also the nearby surrounding properties, including my clients' property. Furthermore, failure to provide secondary access to surrounding properties would appear to be in violation of the Development Code, Section 19.66.150. Since the recording of the Tract Maps 11857 - 11860 contemplated the exteusion of Sterling Avenue and Daley Canyon Road, the nearby surrounding properties conform to the Development Code and therefore a conforming use. By reversion to acreage of those tracts, the City itself would be rendering the nearby properties into a non-conforming use status by failure to have the required secondary access. April 21, 1997 page five Michael Hays Government Code Section 66499.16 (a) requires as a prerequisite to property reverting to acreage that the legislative body expressly find that offers of dedication to be vacated or abandoned by the reversion to acreage are unnecessary for present or prospective public purposes. The previous fmdings of fact are incorrect in that the streets which the letter of credit guarantees to be constructed are very much necessary for both present and prospective public purposes for the reasons indicated above. And it makes no difference that the findings of fact include the requirement that the subject streets remain dedicated. Unless constructed, and there is presently the wherewithal to do so, the fact of dedication does not solve the serious problems raised above unless they are actually constructed. Furthermore, Government Code Section 66499.17 (c) requires as a condition of reversion that the legislative body require the retention of the improvement security if necessary to accomplish purposes of that division and local ordinances adopted pursuant thereto. Obviously, the retention of the letter of credit is essential to accomplish the requirements of the Development Code and provide the needed secondary access. Apparently, the Bank simply chose not to construct the condominium units originally planned. That in itself is no reason to allow it to have the City approve the reversion to acreage it is requesting. I do not believe the Bank has even attempted to seek present approval to construct the original project and has not attempted to argue that it is entitled to do so, based on its vested rights by the recordation of Tract Maps 11857 - 11860. In summary, it appears that to approve the reversion to acreage would be of no benefit to the public and in fact would be to its detriment. The sole reason to approve the reversion to acreage would be to release the Bank from its obligation under the letter of credit. It would violate due process, could be construed as a taking without compensation, result in nearby properties being in non-conforrning use, and would violate the Government Code and the Development Code.. For these reasons I respectfully ask that you change your recornmendation to the City Council disapprove Tract Map No. 15775 I~-~~--~ CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Fe Michael E. Hays, Director Subject: Appeal of Planning Commission approval of Tentative Tract No. 15775 - A Reversion to Acreage Dept: Planning & Building Services r"'l'f"I\'"r.t1L \I, "Ji' w;" MCC Date: March 3, 1997 Date: February 20, 1997 Synopsis of Previous Council Action: NIA Recommended Motion: That the Mayor and Common Council close the public hearing and deny the appeal, and approve Tentative Tract No. 15775 based upon the Findings of Fact contained in the Planning Commission Staff Report (Exhibit 3). .... '. - "~. ,L'........i;.. vtI';.l.~J <t!f~1ft: o~;e 9: " Contact person: Michael E. Havs Phone: 5357 - Supporting data attached: Staff Report: Letter of Appeal wi documentation Ward: #4 FUNDING REQUIREMENTS: Amount: NIA Source: (Acct. No.) Account Description: Previously Finance: ~f7 t/2? ~/t7 $55 Council Notes: Previously e Agenda Item No., ,tJ:;27 11'7 e e e CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT SUBJECT: APPEAL OF PLANNING COMMISSION APPROVAL OF TENTATIVE TRACT NO. 15775 - A REVERSION TO ACREAGE OWNER: Sterling Heights, A California General Partnership c/o The Tahiti Group & Melcorp Investments, Inc. P.O. Box 5441 San Bernardino, CA 92412 (909)889-7164 APPLICANT: Pat Meyer Urban Environs 133 E. Vine Street Redlands, CA 92373 (909)798-4446 APPELLANT: Ron Kemper Crawford Investment Company 1770 N. Arrowhead A venue San Bernardino, CA 92406 (909)882-3393 REQUEST/LOCATION: The representative of a nearby property, Crawford Investment Company, has filed an appeal to the original Planning Commission approval of TT 15775 as well as the Reconsideration by the Planning Commission of TT 15775. The appellant's client owns a 110 acre parcel outside of the City of San Bernardino, northeast of the end of dedicated Sterling A venue (See Exhibit 1). Tentative Tract 15775 is a reversion to acreage to consolidate the parcels created by recorded Tracts 11857 through 11860. The revision will remove/negate certain requirements that are no longer applicable. Tentative Tract 14112 was approved on November 7, 1990 for a 56 lot single family development. Tentative Tract 14112 is not a part of the application for TT 15775 and this reversion to acreage request does not impact any existing conditions of approval of TT 14112. BACKGROUND: The original project; Tracts 11857-11860, were approved for the construction of 113 townhouses in 1981. In 1989 the new General Plan was adopted and in 1991 the Development Code was adopted. The land use designation was changed from PRO-3U (Planned Residential Development-3 units/acre) to RL (Residential Low-low density, single family development). The project was reviewed by the DRC and approved for clearance to Planning Commission on September 26, 1996. The project was originally approved by the Planning Commission on November 6. 1996 and the appeal was filed on November 18, 1996. e e e A meeting was held with the appellant, the project applicant and representatives from the City Attorney's office, Public Works and Planning & Building Services in an attempt to clarify issues and resolve them. Issues regarding dedications were resolved through submittal of a revised map showing dedication of Daley Canyon Road and Sterling A venue and necessary slope easements for Sterling Avenue. The revised map was submitted for Reconsideration by the Planning Commission and approved on January 28, 1997. An appeal of the second approval was filed on February 10, 1997. KEY ISSUES: The appellant's client loaned money on an adjoining parcel because it was represented to them that both Sterling Avenue and Daley Canyon Road would be constructed. They object to the approval of TT 15775 because it would permit the release of the letter of credit that would finance the construction of the roads. There are several issues which have been identified by the appellant as follows (see Exhibit 3, Documentation of Appeal): . Appellant comment: The findings and conditions of Gov!. Code Sections 66499.16 and 66499.17 cannot be made for TT 15775. The dedications are necessary for both present and prospective purposes. The conditions of approval should be added to the project requiring retention of the above referenced right-of-way. Section 66499.16 states: "Subdivided real property may be reverted to acreage only if the legislative body finds that: (a) dedications or offers of dedication to be vacated or abandoned by the reversion to acreage are unnecessary for present or prospective purposes:..." Section 66499.17 states: "As conditions of reversion the legislative body shall require: (a) dedications or offers of dedication necessary for the purposes specified by the local ordinance following reversion; (b) Retention of all previously paid fees if necessary to accomplish the purposes of this division or local ordinances adopted pursuant thereto; (c) Retention of any portion of required improvement security or deposits if necessary to accomplish the purposes of this division of local ordinance adopted pursuant thereto. " Staff response: The Planning Commission approved revised TT 15775 showing necessary slope easements and dedications for Sterling Avenue and Daley Canyon Road. Standard Requirements have been added by the Department of Public Works that require retention of those slope and road easements. . Appellant comment: The appellant requests that the letter of credit originally submitted by Redlands Federal Savings & Loan be 'called' and the road improvements constructed. Staff response: The 1995 Edition of California Land Use & Planning Law by Daniel J. Curtin, Jr. states the following: "The surety does not become liable on security furnished under an improvement e e e agreement unless the subdivider has actually commenced construction. If improvements are not commenced and the project is abandoned after execution of a subdivision improvement agreement and recordation of a map, the surety is exonerated. In this situation, the city cannot collect the amount of the bond or compel the surety to install the subdivision improvements. County of Yuba v. Central Valley Nat'l Bank, 20 Cal. App. 3d 109 (1971). If this occurs, the city would probably be justified in reverting the subdivision to acreage, which has the practical effect of rescinding the subdivision map. Gov't code 66499.12." Based on the above referenced case law, it is Staff's position that because construction on the original project was never started and only the final map was recorded, the surety who in this case is Redlands Federal Savings, is not obligated to fund the construction of the improvements, nor is the City obligated to construct those improvements. Other issues relating to this application: Today the 113 townhomes proposed for TT 11857-11860 cannot be constructed because they exceed the density permitted by the Development Code and General Plan. The site's location within the Hillside Management Overlay limits the number of units to a minimum of 4 units up to a maximum of 84 units- 29 less units than approved under TT 11857-11860. Because no construction commenced on the original townhouse project, the project did not 'vest' its right to develop and therefore is subject to current General Plan and Development Code requirements. Please refer to Exhibit 3, Planning Commission Staff Report, for a full discussion about the original approval of TT 15775 and the Planning Commission Reconsideration. ENVIRONMENTAL DETERMINATION: The project is exempt from CEQA per Section 15305, Class 5 since it is a reversion to acreage. PLANNING COMMISSION RECOMMENDATION: The Planning Commission voted 7 to o to approve the Reconsideration by the Planning Commission of Tentative Tract 15775 based on the Findings of Fact and Conditions of Approval contained in the January 28, 1997 staff memorandum and report (Exhibit 3). (Ayes: Hamilton, Lockett, Quiel, Schuiling, Stone and Thrasher; Nays: None; Abstain: None; Absent: Enciso, Gonzalez and Strimpel) RECOMMENDATION: Staff recommends that the Mayor and Common Council deny the appeal, and approve Tentative Tract Map No. 15775 based on the Findings of Fact and Conditions of Approval contained in the January 28, 1997 staff memorandum and report (Exhibit 3). Prepared by: Margaret Park, Associate Planner For: Michael E. Hays, Director, Planning and Building Services Exhibits: 1 - Location Map 2 - Tentative Tract 15775 e 3 - Planning Commission Staff Report 4 - Letter of Appeal w/documentation e e "" r CITY OF SAN BERNARDINO EXHIBIT 1 GENERAL PLAN LAND USE DESIGNATION Date \.. GJ ~ .=:1 'jjl~~rl .. Adopted 6-2-89 Panel No. ...D..Z. ~ ..001. S c" L ' I ">0",, DR], [?tJ r , .. .. Q .. .. . 'C ... "---- ~ :.~ . ::: na. :: :~ .. .. ~ ..: .~ : .. ~....(!i .. "" .. - lL ,. a..:~ 6 ~ ~ .. .... !: .. ::; ... 'C .. i! ....J Cl: .o. . !! tri/) Ii':::. Ii':::. ~ ~ ili .=J .f. 1'= . .!I. Ii) i=i ~ ~;I ,I, !j' i!1 !h I i~n .1, ;... . ii~ ! ~'d "'1..: j" . .j! : I". " IklI 'I: ~ ~~E ~... ~ -::.. lL i:l lI= iU ~ . 0.. ~ IklI 0.. N I- - m :E >< w -- ~ riiii'~~~iti~~ ;liUI1l;,=;!U ~-:: - .. 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' - it .... t:l ....J EXHIBIT 3 CITY OF SAN BERNARDINO Department of Planning and Building Services Memorandum TO: Planning Commission / I V Michael Hays, Director l^1ff Margaret Park, Associate Planner FROM: RE: Reconsideration by the Planning Commission of TT 15775 Agenda Item No.2 January 13, 1997 DATE: ------------------------------------------- ------------------------------------------- REQUEST I LOCATION A request for a Reconsideration by the Planning Commission of reversion to acreage that was approved by the Planning Commission on November 6, 1996. The property is a 48.1 acre site that was originally approved and recorded as Tracts 11857, 11858, 11859 and 11860. The property is located just north of Foothill Blvd., south of Daley Canyon Rd., west of Sterling and east of Osbun Rd. and is within the RL, Residential Low land use district. ISSUES The approval of TT 15775 was appealed by Crawford Investment Company based on several issues: 1. That Crawford Investment Company was not provided proper legal notice of the public hearing. 2. The property owners represented by Crawford object to the release of improvement bonds for the original tracts. 3. That easements for the Right of Way for Daley Canyon Road were not incorporated into the reversion to acreage. 4. That slope easements necessary for the future construction of Sterling Avenue were not incorporated into the reversion to acreage. A meeting was held with the appellant, the project applicant and representatives from the City Attorney's office, Public Works and Planning & Building Services in an attempt to clarify issues and resolve them. There was no resolution regarding the release of the improvement bonds, however it was determined that a revised map showing Daley Canyon Road and necessary slope easements for Sterling A venue would be submitted by the applicant. The revised map is included as part of this staff report. The original staff report from the November 6th Planning Commission meeting is provided as Attachment A. CONCLUSION The necessary fmdings can be made to support approval of Tentative Tract Map No. 15775, as required in Development Code Sections 19.66.150. The reversion to acreage proposed in Tentative Tract Map 15775 is consistent with the General Plan and Development Code. The project is exempt from CEQA per Exemption Class 5, Section 15305. RECOMMENDATION Staff recommends that the Planning Commission: 1. Approve Tentative Tract Map 15775 based on the Findings of Fact (Attachment B) and subject to the attached Conditions of Approval and Standard Requirements (Attachment C). ATTACHMENTS: A - November 6, 1996 Staff Report B - Findings of Fact C - Conditions of Approval and Standard Requirements 1-- ATTACHMENT "A" SUMMARY CITY OF SAN BERNARDINO PLANNING DIVISION CASE: Tentative Tract Map No. 15775 =============================================== AGENDA ITEM: 4 HEARING DATE: 1116/96 WARD: #4 APPLICANT: Urban Environs 133 E. Vine Street Redlands, CA 92373 OWNER: Sterling Heights-A California General Partnership clo The Tahiti Group & Melcorp Investments, Inc. P.O. Box 5441 San Bernardino, CA 92412 ----------------------------------------------- ----------------------------------------------- REQUEST I LOCATION - A request for a reversion to acreage for the 48.1 acre site that was originally approved and recorded as Tracts 11857, 11858, 11859 and 11860. The property is located just north of Foothill Blvd., south of Daley Canyon Rd., west of Sterling and east of Osbun Rd.district. ----------------------------------------------- ----------------------------------------------- PROPERTY EXISI'lNG LAND USE LAND USE DESIGNATION SUBJECT NORTH SOUTH EAST WEST Vacant Forest-Government land Single Family Residential Single Family Residential Single Family Residentia1 RL, Residential Low N/A RL, Residential Low RL, Residential Low & RS, Residential Suburban RL, Residential Low GEOLOGIC/SEISMIC YES FLOOD HAZARD YES SEWERS: YES HAZARD ZONE: 0 ZONE: 0 . NO NO NO . . 0 HIGH FIRE HAZARD YES AIRPORT YES REDEVELOPMENT YES ZONE: . NOISE/CRASH 0 PROJECT AREA: 0 NO ZONE: NO NO 0 . . ENVIRONMEJ"TAL FINDINGS: STAFF RECOMMENDATION: 0 Not Applicable 0 EJ.R. wi Significant . APPROVAL . Exempt Effects 0 NoS ignificant . CONDITIONS Effects 0 Significant Effects, 0 Potential Effects, See Attached E.R.C. 0 DENIAL Mitigating Minutes Measures, 0 CONTINUANCE No E.I.R. TO: REQUEST A request for a reversion to acreage for the 48.1 acre site that was originally approved and recorded as Tracts 11857, 11858, 11859 and 11860. LOCATION The project is located in the northeastern portion of the City, generally located just north of Foothill Blvd. at the north terminus of Sterling Ave., south of Daley Canyon Road and northeast of the terminus of Osbun Road. The upper portion of the northwest property line abuts the Del Rosa Flood Control Channel. CALIFORNIA ENVIRONMENTAL QUALITY ACT The project is exempt from CEQA per Section 15305, Class 5 since it is a reversion to acreage. BACKGROUND This reversion to acreage is to consolidate the parcels created by recorded Tracts 11857 through 11860. The revision will remove/negate certain requirements that are no longer applicable. Tentative Tract 14112 was approved on November 7, 1990 for a 56 lot single family development. Tentative Tract 14112 is not a part of this application and this reversion to acreage request does not impact any existing conditions of approval of said project. GENERAL PLAN AND DEVELOPMENT CODE CONSISTENCY There are no specific or general requirements of consistency in the General Plan and/or the Development Code. This reversion to acreage is not proposing new development, rather it is removing previously approved entitlements. As a result, it is not necessary to make a determination of consistency with the General Plan, the document that guides the growth of the City. Any development would require that new entitlements be submitted, approved and a determination of consistency made at that time. Existing Tentative Tract 14112 was found consistent with the General Plan and Development Code as part of its approval. ANALYSIS The 48.1 acre site is in the foothills at the north end of the City. It is undeveloped, but as described above, there is an approved tentative tract map (with conditions of approval) on the site. Because this is a reversion to acreage, no infrastructure improvements or environmental mitigation are necessary. The applicant had one caveat to the approval of this reversion to acreage and that was that they would not proceed with this application if any conditions of approval for TT 14112 were added, deleted or modified. Staff reviewed the conditions of approval for TT 14112 and determined that there would be no need to change any existing conditions or add or delete conditions. It is understood that TT 15775 is a reversion for the recorded tracts as identified above. As part ofTT 15775, the right of way for the future extension of Sterling Avenue will be retained and is shown in Lot 1. This dedication of right of way was a condition of approval for Tracts 11857 - 11860 and is retained in order to provide for future access to property owners to the north of this property. CO~llWENTSRECEnmD No comments were received regarding this proposal. TIM 15775 Agenda Item #4 Hearing Date: 11-6-96 Page 3 CONCLUSION The necessary fIndings can be made to support approval of Tentative Tract Map No. 15775, as required in Development Code Sections 19.66.150. The reversion to acreage proposed in Tentative Tract Map 15775 is consistent with the General Plan and Development Code. The project is exempt from CEQA per Exemption Class 5, Section 15305. RECOMMENDATION Staff recommends that the Planning Commission: 1. Approve Tentative Tract Map 15775 based on the Findings of Fact (Attachment C) and subject to the attached Conditions of Approval (Attachment D). Respectfully submitted, MICHAEL HAYS Director of Planning and Building Services A:.t~ MARGARET E. PARK Associate Planner Attachments: A - Location Map B - Tentative Tract Map C - Findings of Fact D - Conditions of Approval CITY OF SAN BERNAl INO A;'.'-AC44MENT \1 A II GENERAL PLAN LAND USE DESIGNATION Adopted 6-2-89 Panel No. ..D...Z. Date ~ ~ -. ~ I ~ ! . ! i c::. ili ... 'I . . ~ ' ~.. - ... ~ ~..: .=1 i. !. .f. ;: Iii Ii . t i) Ci) !I, Iii .,,, ~ ,.- ". .. i!1 .. =1' ii i!1 . .. .. .. .. ll=- I ~ :oo 'I' i .. .. ; if . Ih .; .=~ i~n I .. .. I .. =..~ .1, . . I .Ig .. .. .. ._a .. - 'I'I I ... .. I ti ~ ~ o. .. Iii ~t,j I IH " o. -oo .1 .. ..: 0- :I~ III, ~ 11119 I. .. jh , .. .... ~~IIII - .. '1 I i. .. .... 11= I 4l: st}.. ..,~ .. .. i' ;: I.. 'm .. ~.. =, !' iii' ill! . I .. .. Ik!J -I: ! ..... ~ ,J h ,... I!! ! ~ I,: i I~ m ! !I! I ... tt:1; ..! I.! ! !So"i ..... . ::!i',ill Ie ..... -., !!=: i i l;,h.. I.. 0' n... !h ~ , Il=- ~ Ik!J Il=- 8 N Jiiii~i~~~i~~ .:il;.UI;al:!!::'" ;. .. .... ~~ ~ ~ II :t If III I c l!I ~~,...,.,.....,....... ,."~,,,.....,,~ ;~~~HHH'" ,'illaUat,;,.. ............ . . 'l...............t;:!: ~............................. I ~~.~~~i!. IUU.'. . ~::um Immu J itilmj,j,io ( ",.,.,. . :ta;,..:::e M ~ I..:! ;;:Ii I :1:.. i ..~ ~ 1;1 .. Ii is Iii ..Iii iii! ...~ o!u~1 oi!Si o!:j. 'I =~Ii '~rl : ~ ail :~!II :! ii ;. "'111 1-............ .................. .N'S.S '~.II 'N /1 6/ 'j3S S 107 l,lJ}f) 7 l:J L r ;, . 'N'S'S '~ .11 'N /1 6/ 'j3S 9 107 1.1J}f) ;, ,-' .....J Q:: f l ,":. . . ...... . ........_........~.. '~. . - ":-'.' , .I"t-., . l- t:) .....J - ... .. ;: to - .... '2 U! ~ ~ ~ l{ ,- TIM 15775 Agenda Item #4 Hearing Date: 11-6-96 Page 4 AITACHMEl'ff 'C' REVERSION TO ACREAGE FINDINGS OF FACT 1. That dedications or offers of dedication to be vacated or abandoned by the reversion to acreage are unnecessary for present or prospective public purposes in that all proposed streets that served the recorded tracts exclusively will be vacated/abandoned. The exception is the proposed extension of Sterling Avenue which could serve other properties in the future and whose right of way will remain dedicated. 2. All owners of an interest in the real property within the subdivision have consented to reversion in that the property is owned by a single .entity and the application for reversion was signed by the owner. TIM 15775 Agenda Item #4 Hearing Dale: 11-6-96 Page 5 ATIACHMENT '0' CONDITIONS OF APPROVAL Tentative Tract Map 15775 1. Within two years of this approval, commencement of construction shall have occurred or the permit/approval shall become null and void. Ind addition, if after commencement of construction, work is discontinued for a period of one year, then the permit/approval shall become null and void. Projects may be built in phases if pre-approved by the review authority. If a project is built in pre-approved phases, each subsequent phase shall have one year from the previous phase's date of construction commencement to have occurred or the permit/approval shall become null and void. . Project: Tentative Tract Map 15775 Expiration Date: November 6, 1998 2. The review authority may, upon application being fIled 30 days prior to the expiration date and for good cause, grant up to three time extensions not to exceed a total of 36 months. The review authority shall ensure that the project complies with all current Development Code provisions. 3. In the event that this approval is legally challenged, the City will promptly notify the applicant of any claim or action and will cooperate fully in the defense of the matter. Once notified, the applicant agrees to defend, indemnify, and hold harmless the City, its officers, agents and employees from any claim, action or proceeding against the City of San Bernardino. The applicant further agrees to reimburse the City of any costs and attorneys' fees which the City may be required by a court to pay as a result of such action, but such participation shall not relieve applicant of his or her obligation under this condition. i-U-- TIM 15775 Agenda Item Hearing Date: 1-28-97 Page 4 ATIACHMENT 'B' REVERSION TO ACREAGE FINDINGS OF FACT 1. That dedications or offers of dedication to be vacated or abandoned by the reversion to acreage are unnecessary for present or prospective public purposes in that all proposed streets that served the recorded tracts exclusively will be vacated/abandoned. The exception is the proposed extension of Sterling Avenue which could serve other properties in the future and whose right of way will remain dedicated. 2. All owners of an interest in the real property within the subdivision have consented to reversion in that the property is owned by a single entity and the application for reversion was signed by the owner. ------~ TIM 15775 Agenda Item Hearing Date: 1-28-97 Page 5 ATTACHMENT 'C' CONDmONS OF APPROVAL Tentative Tract Map 15775 1. Within two years of this approval, commencement of construction shall have occurred or the permit/approval shall become null and void. Ind addition, if after commencement of construction, work is discontinued for a period of one year, then the permit/approval shall become null and void. Projects may be built in phases if pre-approved by the review authority. If a project is built in pre-approved phases, each subsequent phase shall have one year from the previous phase's date of construction commencement to have occurred or the permit/approval shall become null and void. Project: Tentative Tract Map 15775 Expiration Date: January 28, 1999 2. The review authority may, upon application being fIled 30 days prior to the expiration date and for good cause, grant up to three time extensions not to exceed a total of 36 months. The review authority shall ensure that the project complies with all current Development Code provisions . 3. In the event that this approval is legally challenged, the City will promptly notify the applicant of any claim or action and will cooperate fully in the defense of the matter. Once notified, the applicant agrees to defend, indemnify, and hold harmless the City, its officers, agents and employees from any claim, action or proceeding against the City of San Bernardino. The applicant further agrees to reimburse the City of any costs and attorneys' fees which the City may be required by a court to pay as a result of such action, but such participation shall not relieve applicant of his or her obligation under this condition. 4. This permit or approval is subject to the attached conditions or requirements of the following City Departments or Divisions: a. Public Works (Engineering) Department STANDARD REQUIREMENTS DEPARntENT OF PU13L1C WORKSI CASE NO. TRACT 15775 CITY ENGINEER DESCRIPTION: REVFRSION TO ACRF4GE HEARING DATE OF TR4CTS 11857 THRU 11860. AGENDA ITEM LOCATION: NORTHERL Y TERMINUS OF STERLING AI/. NORTH OF FOOTHILL DR PAGE NO: · NOTE TO APPLICANT: Where separate Engineering plans are required, the applicant is respOll$lble ror SUbmitting the engIneering plans dIrectly to the EngIneerIng Divis/on. They may be submitted prior to submittal of Bullctlng Plans. 1. MaDDina a) A Final Map based upon field survey will be required. b) Sterling Avenue and Daley Canyon Road shall remain as a dedicated streets on the Final Map. c) Slope easements shall be dedicated along Sterling Avenue and Daley Canyon Road as necessary for roadway construction. These slope easements shall be plotted on the tentative map by the applicant's Engineer based on the roadway design shown on City Drawing No. 5869. d) Upon recording of the Final Map for Reversion to Acreage. all security bonds being held by the City for construction of Sterling Avenue and Daley Canyon Road as required by the Subdivision Agreement for Tracts 11857- 11860, shall be released. 2. ApDlicable Enaineerina Fees 1 a) Map Checking fee - $ 1,000.00. I All Fees are subject to change without notice. Page1of1 116/P7 <10'.,.- CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICFS DEPARTMENT 300 NonIt "D" SIret!I. 3rrl n-. Sa llt!monlbto. C4 92418 Phtme (909) 3lU-50S7 FtI% (909) 3lU-508D APPLICATION FOR APPEAL OF A DIRECTOR DETERMINATION. DEVELOPMENT/ENV/RONMENTAL REVIEW COMMI1TEE DETERMINATION OR PLANNING COMMISSION DETERMINATION Appellant's Name, Address & Phone Crawford Investment Co. Pronertv ManaQ~m~nt 1770 N. Arrowhead Avenue San Bernardino, CA 92406 (909) 882-3393 Contact Person, Address & Phone Ron Kemner (909) 882-3393 Pursuant to Section 19.52.100 of the Development (Municipal) Code, all appeal must be filed on a City application form within 15 days following the final date of action, accompanied by the appropriate 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. Date Appeal Filed ;2.-(0- 41 N I A--- , Received by M.t. P.J..- Receipt No. Receipt Amount Appeal Application Page 2 The following information must be completed: Specific action being appealed and date of that action Tentative Tract No. 15775 (Reversion to Acreaael Tract No. 11857 thronqh llRf\n R~l,::a.-=-~,::a. t"'IT 91 n~? ~nn no T.....Fyo9~.om9Rt iesyrit.y Specific grounds for the appeal See attached documentation Action sought Retain $1,062,600.00 Improvement Security. Retain all dedicated Roadways said Security guarantees construction of. Retain needed Easements and Slope Easement on ad;oininq parcels. Additional information ~ A ",b, .ff--:n. / ?:i;.-v. _oo..e-- February 7, 1997 Signature of Ap t Date j '- ",'---, CRAWORD Investment Company January 27,1997 The City of San Bernardino Planning Commission RE: Tract 11857-11860 with regards to the proposed conversion to acreage and release of the security instrument guaranteeing the construction of Sterling Avenue as well as Daley Canyon Road Dear Honorable Planning Commission Members, I am Ron Kemper of Crawford Investment Company, 1770 N. Arrowhead Avenue, San Bernardino, California. I am here representing my client who owns the adjoining property to the North and who is a lender who acquired the property through foreclosure. My client's property is comprised of 110 acres located one half mile north of Foothill Drive and at the end of Dedicated Sterling Avenue, a Public Road. Sterling Avenue is the primary access to their property and this Public Road was Accepted, Dedicated, Bonded, Final Engineering Plans approved for construction by the City, Recorded 1/22/86, Official Record No. 86-017624 with certified EIR and Addendum. In other words, Dedicated Sterling Avenue and improvements were bonded for construction and completion to their security the property they have since acquired through foreclosure. January 27, 1997 Page 2 Slope easements shall be dedicated as required. Maximum street grade shall not exceed 12%. The intersection of Sterling and Foothill Drive shall be subject to the review and approval of the City Traffic Engineer. Sterling Avenue shall be constructed to the north intersection with the Major Looped Private Street with Tract No. 11859." (see attachment A). City of San Bernardino Memorandum, dated 4-10-81: Two separate means of access shall be required during all phases. In order to achieve this ordinance requirement, Sterling Avenue shall be dedicated in its entirety with recordation of the first final map to connect with the emergency access route along the north boundary of Tentative Tract No. 11859. (see attachmenf B). The Improvement Security Agreement between Redlands Federal Savings and the City of San Bernardino which states: "If the subdivider fails to complete and/or pay for the listed Items, funds shall be immediately made available to the City to complete and/or pay for the listed items." (See attachment C). The City of San Bernardino in its 10-5-84 writing addressed the issue stating: "the Items listed below shall be completed and/or submitted to the Director of Public Works, City Engineers Office, payable to the City of San Bernardino, where applicable prior to presentation of the final map to the Mayor and Common Council for final approval." (See attachment D). In addition, my client was provided with a copy of resolution number 85-408 which states "the final map of subdivision Tract is hereby approved and the City of San Bernardino hereby accepts as public property all dedications within the subdivision as shown on said final map for streets, alleys, Including acc.ess rights, drainage and other public easements as a condition precedent to approval of the final map. The subdivider shall first execute the agreement referenced in section 2, hereof for the Improvements within said subdivision. (see attachment E). Also provided to my client was a copy of the agreement for subdivision improvements which notes that the Council has approved said map and accepted the dedications therein offered, and additionally requires a contract security concurrent with the execution hereof. (See item 10 of attachment F). Only after having the assurances of City staff and review of the above enclosed documents was my client willing to loan money for the development of the property to the north of the subject. January 27, 1997 Page 3 You might ask yourselves was my client the only one who based making financial decisions on the extension of Sterling Avenue. The answer is No. As is shown in attached documents (attachments G). The first being The City of San Bemardino Development Agencies Development Department. Which states in a request for proposals for the design of Little Sand Canyon, "the project area Is designed for approximately 104 dwellings and would receive Its primary access to the site via the extension of Sterling Avenue. The project should be designed for development as a gated community offering high quality, low density housing. With the adjacent Secret Hollow Ranch and Sterling Heights projects are proposed for designed as gated, planned developments. This cluster of three developments should bode well to establish the area as one with upscale housing and highly desirable neighborhoods." (See attachment G). In addition the City of San Bernardino Water Department and East Valley Water District have based decisions on the location of reservoirs and main line extensions upon the construction of Sterling Avenue. Please find enclosed an inter-departmental correspondence from the San Bemardino Municipal Water Department dated December 30, 1985 addressed to Roger Hargrave stating the water department has reviewed the Tract map 11857 including the proposed Sterling Avenue extension. The recordation of the said Tract map is approved subject to all conditions previously set forth by the Board of Water Commissioners. In the conditions it states "After final discussion, it was moved by Commissioner Willis, duly seconded by Commissioner Urata and unanimously voted to approve the proposed development Tract No. 7301 based upon Sterling Avenues extension as shown on exhibited map, to approve the equal exchange of property, to approve the signing of the recorded subdivision map, and approve the development of an access road and reservoir site, all being accomplished by Garner, Tracadas & Troy Inc.,. (See Attachment H). By releasing the surety, I believe the City of San Bernardino has an even greater liability. North of Bonita Vista, and west of Daley Canyon, there are well over 100 residences which do not have a second access in case of emergencies. The construction of Sterling Avenue was designed to mitigate this unfortunate sit4ation. I am enclosing as attachment I, a fire prevention memorandum to AI Bouy, a Director of Planning and Building Services from E. Guy Burdick, Fire Marshall, dated May 10, 1993. In the memorandum, it states "It is the opinion of the Fire Department that Sterling Avenue above Foothill should be retained as a public right-of-way. This right of way would allow emergency vehicle to respond on these streets to rapidly respond into this area. Our experience has shown that small and winding residential streets like those proposed for the Sterling Heights Tract are highly restrictive and can be very congested In emergencies. These response vehicles would include fire engines, ambulances, water tenders, tractor/trailer rigs hauling / January 27, 1997 Page 4 dozers, task force teams and numerous other agency vehicles. The response time in the foothill areas is presently delayed due to the uphill grade and when this type of construction continues it will extend emergency response times because of the narrow and winding streets. When these streets are residential, the response time can only increase more because of children playing in or near the street and vehicles parked curbside or backing out of driveways. For the above reasons, Sterling Avenue is the recommended main route for access to the Sterling Heights area." (See Attachment I). Note: we believe for this reason alone the City of San Bernardino should be demanding the surety monies and building the improvements to ensure that these over 100 residences have adequate ingress and egress or response time for emergency vehicles during fire, medical emergencies and major catastrophes such as the Panoramic fire or a large earthquake. Here again, remember, without the extension of Sterling Avenue, over 100 residences in the City of San Bernardino, will have only one ingress and egress. If this is cut off, they will not have access to fire or medical aid. . Upon improper notice Tract 15775 was originally approved by the Planning Commission on November 6, 1996, that upon recordation of Tract 15775, Tracts 11857-11860 will be reverted to acreage. The conditions of approval allow for the retention of the Sterling Avenue right-of-way. Dedicated were Tracts 11857 on July 22, 1986. The future status of the improvement security put up by Redlands Federal for the construction of Sterling Avenue is unclear. Based on correspondence between Redlands Federal and the City Engineer, it appears the reason for the reversion to acreage is to allow the relinquishment of the Sterling Avenue surety. The Government Code section 66499.16 and 66499.17 state (see attachment J). 66499.16 Findings: subdivided real property may be reverted to acreage only if the legislative body finds that A) dedications or offers of dedication to be vacated or abandoned by the reversion to acreage are unnecessary for present or prospective purposes. 66499.17 Conditions; as conditions of reversion the legislative body shall require A) dedications or offers of dedication necessary for the purposes specified by the local ordinance following reversion. B) Retention of all previously paid fees if necessary to accomplish the purposes of this division or local ordinances adopted pursuant thereto. C). Retention of any portion of required improvement security or deposits if necessary to accomplish the purposes of this division of local ordinance and adopted pursuant thereto. January 27, 1997 Page 5 Sterling Avenue is needed as the primary access to the Secret Hollow Ranch to the north, the City's Little Sand Canyon project to the east and for main line utilities and access to proposed water facilities. It will also provide secondary access to the existing homes to the west, when Daley Canyon road is connected to it. Tract 15775 appear to abandon the slope rights necessary for the construction of Sterling Avenue and it appears to abandon Daley Canyon road which is the secondary access connector for Secret Hollow Ranch and the homes to the west. It should be noted, that a review of the approved construction plans for Sterling Avenue indicate the need for 120,000 +/- cubic yards of import material to construct Sterling Avenue to the approved grades. It can be assumed that this import material was to come from the construction of 11857-11860 and is included in the surety as grading ($473,800.00). Upon reviewing this document as well as the documents provided, I believe that you will find that the subject does not meet the requirements as proposed for reversion to acreage, and I quote from 66499.16 Findings "Subdivided real property may be reverted to acreage only if the legislative body finds that A) dedications or offers of dedications to be vacated or abandoned by the reversion to the acreage are unnecessary for present or prospective purposes. And 66499.17 "Conditions: as conditions of reversion the legislative body shall require (Item C): retention of any portion of required improvement security or deposits if necessary to accomplish the purposes of this division of local ordinance adopted pursuant thereto." (See Attachment J). Finally, it is our position that Sterling Avenue as it is designed to be built should be kept in its entirety and its surety should be demanded from Redlands Federal by the City of San Bernardino for construction of Sterling Avenue as was represented to my client by the City of San Bernardino staff. Respectfully submitted, ~ Ron Kemper CRAWFORD INVESTMENT COMPANY Broker CRAWORD Investment Company Index of Attachments The City of San Bernardino Planning Commission RE: Tract 11857-11860tproposed Conversion to Acreage/Release of Security Instrument ATTACHMENT A: City of San Bernardino Memorandum, dated 4-1-81 ATTACHMENT B: City of San Bernardino Memorandum, dated 4-1-81 ATTACHMENT C: Improvement Security Agreement ATTACHMENT D: City of San Bernardino Address 1984 ATTACHMENT E: Copy of Resolution No. 85-408 ATTACHMENT F: Agreement for Subdivision Improvements ATTACHMENT G: City of San Bernardino Development Department ATTACHMENT H: City of San Bernardino Water Department & East Valley Water District correspondence, dated 12-30-85. ATTACHMENT I: Director of Planning & Building Services correspondence. dated 05-10-93 ATTACHMENT J: Government Code Section 66499.16 & 66499.17 Real Estate Loons and Investments 1770 NORTH ARROWHEAD AVENUE . POST OFFICE BOX 2727 . (909) 882-3393 . SAN BERNARDINO. CALIFORNIA 92406 '.'/ --.... ;'1-T7I1clI!1F1l!T 4 - ~ :EMQRANDUM 'e- A . -elTY OF SAN . 'ERNARDINO , To Frank Schuma. Planning Director From C. Glenn Wilson. Dir. of Public Works/City Engineer April 1. 1981 File No. 11.03 TR: 11857 thru 118bO Subject Engineering Division's Recommendations for Tentativeoate Tract Nos. 11857. 11858. 11859 & 11860 (Reference orevious Tentative Tract No. 7301) - located north of Foothill Blvd. and west of Sterling Ave. Approved Date 5) ~ ~ ~ ~ w It' t Dedication & Improvements: \\ a~D terlin Avenue: Dedication of 60 feet of right-of-way. Curb --separat on s a be 40 feet. Construct curb and gutter both sides {.1.i)R 1 1981 of street. Full street width paving from Foothill Drive to north line of Tract No. 11857. Sidewalk shall be constructed on the west side of street. Slope easements shall be dedicated-as required. TV PLi\r;iWiG [;\IMMI~S!r:; Maximum Street grade shall not exceed 12%: The intersection of Sterling and Foothill Drive shall be subject to the review and approval of the City Traffic Engineer. Ster1 ing Avenue shall be constructed to the north intersection with the Major Looped Private Street with Tract No. 11859. b. Major Loo ed Private Street "A" Street on Tentative Tract No. 7301 : Cur separation sha e 33 eet. Construct pavlng. cur an gutters. and sidewalks adjacent to the curb. Maximum street grade to be 12%. A deviation from the stated improvements could be granted subject to topographic constraints and a pedestrian plan approved by the Planning Commission. It shall be constructed to its north intersection with Sterling Avenue with Tract No. 11859. c. d. Additional East-West Street: Dedicate the northerly 25 feet of Tract No. 11857 for a future street. No improvements will be requi red. e. Prior to acceptance of improvement plans by City Engineer. sub- divider's engineer shall submit sufficient soil tests by a recog- nized soil testing lab to demonstrate the adequacy of the pavement design indicated on street cross sections shown on improvement plans. 2. All grading shall be done in compliance with the applicable provisions of Title 15 of the City Muncipal Code. the preliminary soil report. an approved grading plan. and the recommendations of the approved Geologic Report. Building set back lines from geological problem areas shall be shown on the Final Maps. ", Grading shall utilize contour grading and blend with the existing topography. Prior to completion and acceptance of the grading. all non-natural slopes shall be planted to provide visual relief as well as erosion control. as directed by the City Engineer. An automatic irrigation system shall be installed for all non-natural slopes in excess of five. feet in vertical height. prior to completion and acceptance of the grading. (.ry 011 rH.::M~~~ 10 I ,. Frank Schuma, Planning Director RE: Engineering Division's Recommendations for Tentative Tract Nos. 11857, 11858, 11859 & 11860 (Reference previous Tentative No. 7301) - located north of Foothill Blvd. and west of Sterling Ave. April 1, 1981 Page 2 3. All drainage and Flood Control facilities shall be subject to the reconunendations for the County Flood Control District and requirements of the City Engineer. The Engineer for the tract shall furnish drainage data as required by the City Engineer. Drainage easements shall be granted as required by the City Engineer. Drainage facilities shaH. be constructed in accordance with the Comprehensive Storm Drain Master Plan and as required by the City Engineer. - 4. All lots shall be served by the City of San Bernardino City Water and Sewer Systems. Required sewer main extensions shall be constructed at the Developer's expense. 5. Street signs, and other regulatory signs, shall be .installed as required by the City Engineer; . 6. Utility services shall be placed underground and easements provided as requi red. 7. Ornamental street. lights shall be installed on all streets (public and private) as required by City Electrical Superintendent. 8. An electrical energy fee for street lights, for a period of 48 months, shall be paid to the City Engineer prior to recordation of the Final Maps. 9. All driveway approaches to meet City standards or as may be approved by the City Engineer. ' 10. A traffic study is to be completed for the intersection of Foothill Boulevard and Sterling Avenue prior to recordation of any of the Final Maps. 11. All spring water that may be uncovered during construction shall be drained by underground system. No open spring drainage will be permitted on the site. '12. The issuance of building permits for the units within the project shall be subject to the follow~ng standard fees a. sewer plant capacity expansion fee, b. sewer connection fee, and c. drainage fee. C. GLENN WILSON Director of Public Works/City Engineer 1m l~ ~ ~ ~ w ~ ~ r. 1 1981 tfa.t 2-y",,{? &f/l...t-~ BARRYE R. HANSON Senior Engineer ;.;.. ?i ,\r:NING COfv1MISSION. , 1:'1 /t""'I CITY OF SAN ~ ERNARDINO /1- -riA cfli4t:11J T B - ~ ,EMORANDUM To The Honorable Mayor and Couunon Council Frank A. Schum a From Planning Director Subject Tentative Tract Nos. 11857, l185a, 11859, 11860, '''ard 4 Date April 10, 1981 Approved Date At the meeting of the Planning Commission on April 7, 1981, the following recommendation was made: That the application for Tentative Tract Nos. 11857, 11858, 11859, and 11860, to create a 113 unit townhome complex and one single-family residence in the PRD-3U Planned Residential Development (three units per acre) ,zone for property consisting of approximately 49 acres located north of the intersection of Foothill Drive and Sterling Aveme, east of Osbun ~oad, was recominended for approval based on findings of fact contained.within the attached staff report and subject to the conditions listed therein with the following additions as underlined: 1. Subject to the conditions of approval as stipulated in the staff report dated August 7, 1979 for Tentative Tract No. 7301. 14. Two separate means of access shall be required during all phases. In order to achieve this ordinance requirement, Sterling Avenue shall be dedicated in its entirety with recordation of the first final map .to connect. with the emergency acceSS route along the north boundary of Tentative Tract No. 11859. >. The mitigated Negative Declaration, which was reviewed and considered, was also approved. This item will be on the agenda for the Council meeting of April 20, 1981, . at 7:30 p.m. in the Council Chambers, City Hall, 300 North "n" Street, San Bernardino, California. ~~k- - FRANK A. SCHUMA Planning Director mf attaclunents -",' cc: Building and Safety Dept. Engineering Division Mr. Robert Langston 1110 E. Highland Ave. San Bernardino, CA 92404 CITY ON 'HlE~;o~ 1.((.. I ..... ,.. /(1T/1CffM2NTC. '- .- Redlands Federal Savings AND lOAN ASSOCIATION AOMINISTRA TlVE OFFICES 300 E. STATE STREET · P.O. BOX 260 REDlANDS, CALIFORNIA 92373 TELEPHONE (714) 793-2391 September 30, 1985 Director of Public Works/City Engineer 300 North "E" Street San Bernardino, CA 92418 Subject: Tract No. 11857 thru 11860 Improvement Security Gentlemen: This is to certify, in accordance with the provisions of Sections 66496 and 66499 of the Subdivision Map Act and in compliance with Titles 15 and 18 of the City of San Bernardino Municipal Code, that the undersigned financial institution, subject to regulation by the state and federal governments, hereby pledges by this instrument of credit that the funds necessary to meet the performance of that certain contract, relating to Tract Nos. 11857 through 11860, between the subdivider REDLANDS FINANCIAL SERVICES, INCORPORATED, and the City of San Bernardino, State of California, are on deposit with the undersigned institution, and the undersigned institution agrees that the funds shall become designated as trust funds in the amounts and for the purposes set forth as follows: 1- 2. 3. 4. 5. Improvements - Faithful Performance Improvements - Labor and Materials Improvements - Guarantee and Warranty Grading Setting of Monuments Total $330,000.00 $165,000.00 $ 82,500.00 $473,800.00 $ 11,300.00 $1,062,600.00 If the subdivider fails to complete and/or pay for the listed items, funds shall be immediately made available to the' City to complete and/or pay for the listed items. This obligation shall expire only upon written authorization from a duly authorized representative of the City of San Bernardino. truly ~o/, ()I~ ROBERT G. WIENS PRESI ENT /c " . (f/l/-1CffNE,IJT f) \.\VJNG ;...(.~~..............C, ... /'J.?:::-' '~).. f...yg;~"~~\~ ' ~-.,f .".'. ." .. ',': ~ ,"-.lIT'OF SAN:BERNARDINO " . ~ .. . . ":..:j . \" ':'" . .- '. -,.,: '. ....:/. ::.~ ;",::~:"~T::..~~~~ .~ ;-- rI ~ ~,..., 300 NORTH. MOM STREET. SAN BERNARDINO. CALI FORNI A 9241B W.R. "BOB" HOLCOMB Mayor October 5. 1984 File No. 11.03 . Tract No. 11857 ,,/ thru 11860 . "'emtlen of the Common Council' Ro::.t"': A. Cutaneda . .. .. . . .. . .. . First Ward J,C" =.iIIy..... .. .... . .... .. . Seconcl Ward A~':- --ttrn.ndez . .. . . . . . . . . . Third Ward St.J.Y,rks..................... Fourtt\Ward Go..-::.,Qulel................... FlftftWard Ca- ="uler .. . .. . . .. . . .. . .. . . .. Slxtl'l Ward Jacot S:rldder . . . .. . .. . ~ . . .. .seventh Ward Mr.. Robert Langston 1110 E. Highland Avenue S~n Bernardino. CA 92404 . . Re: Recordation Requirement for Tract No. 11857 thru 11860 Gentlemen: The items listed below' shall be completed and/or submitted to the' Director of Public Works/City Engineer's office (payable' to the City .of San Bernardin'o. where applicable) prior to .presentation of the final map to the Mayor and Common Council for final approyal. A. Separate Original Bonds in the amounts shown below: 1. Faithful Performance Bond..........$330.000.00 2. Labor and Material Bond............$165.000.00 3. Guarantee.and Warranty Bond........$ 82.500.00 4. Staking Bond................~......$ .11,300.00 5. Grading Bond.......~...............$473.800.00 B. Fees: 1. Street Light Electrical Energy Fee.$ 7.092.00 2. Grading Plan checking fe~.~........$ 273.00 A g r e e men t : A t t a c he d a r.e Improvement Agreeme~t for All three signed copies .Agreemen t. D. Insurance: A copy of all insurance certificates required in the Agreemen t. three copies of the signature (~otarized) shall be returned. City Standard by D~veloper. Do not da te C. E. Plans: All plans (Street Impro.vement. Grading and. Final Map. etc;) shall be approved by the City. Engineer.. ... {'lF~ ~,: .~~ \~~~ -~ . ~ - \ ;..< --,. ! r- F. CC & R shall be reviewed and approved by the City Attorney. - ~ .- -' If you should have any questions. please contact Mr. ~oun Kim at (714) 383-5111 or 383~5027. Very truly yours, . " ROGER G. HARDGRAVE " Director of Public Works/City .Engifleer. flf" R. DAVID TRIETSCH Assistant City Engi~eer YH"K:rs 2 1 2 3 4 5 6 7 8 9 10 11 12 13 IJ-TTACIfNEIl/T ~ I _ }1-- -'/ - ,') RESOLUTION NO. ,,"') _ "/),,1 RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE FINAL MAP FOR SUBDIVISION TRACT NO. 11857, 11858, 11859 and 11860, LOCAHD NORTH OF THE INTERSECTIeJN' OF FOOTHILL DRIVE AND STERLING AVENUE, EAST OF OSBUN ROAD, ACCEPTING THE PUBLIC DEDICATIONS AS SET FORTH ON SAID MAP; AND AUTHORIZING EXECUTION OF THE STANDARD FORM OF AGREEMENT FOR THE IMPROVEMENTS IN SAID SU8DIVISION, WITH TIME FOR PERFORMANCE SPECIFIED. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION I: The Mayor and Common Council find that proposed Subdivision Tract No. 11857, 11858,' 11859 and 11860, ; located North of the intersectio-n of Foothill Drive and Sterling Avenue, East of Osbun Road, together with the provisions for its design and improvements is consistent with the General Plan of the City of San Bernardino. SECTION 2: The Mayor of the City of San Bernardino is authorized on behalf of said City to execute the standard 14 form of agreement adopted by Resolution No. 84-8 with Redlands 15 16 17 18 19 "20 21 22 23 24 25 26 27 28 Financial Services, Incorporated, for the'improvements in said subdivision tract as are required by Title 18 of the San Bernardino Municipal Code and the California Subdivision Map Act. The time for performance is specified at 24 months. Said improvements are specifically described and shown on Drawing No. 5869, 5957 and 5755, approved and on file in the Office of the City Engineer of the City of San Bernardino. SECTION 3: The final map of said subdivision tract is hereby approved and the City of San Bernardino hereby accepts as public property all dedications within the subdivision as shown on said final map for streets, alleys, (inCluding access rig h t s ), d r a i nag e and 0 t h"e r pub 1 ice a s e men ts . A sac 0 n d i t ion 1 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 ,. ( precedent to approval of the final map. the Subdivi~r shall first execute the agreement referenced in Section 2 hereof for the improvements within said subdivisfri;J: The City Clerk shall certify the approval and acceptance of the Mayor and Common Council as set forth in this resolution. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San /~tt~; Bernardino at a meeting thereof, held on the ,1985. by the fallowing vote, 17"L day of I to-wi t: day of AYES: ~' i-I . . 0 - . /, J Member~,. '>/{'1'~. I1j~ (/U; ~jk~' Council NAYS: ABSENT: - " '" '-1f-?;CL../ / .. .,. 't/ '- <~'~1~6/J/ ~ /, - .:,,--l./',:;~'" "'v' " ......) ',//- .1\".2..f...t {c/o' /i !/ v ID-:Al.i~_~~ City Clerk The foregoing /-7~' ( l?;:.~"~:{..", .' ,;; ',' ", 'of I.,.!,; C:(~:.' Approved as to form: Mayor of the City of San Bernardino 1ft.~:~r; 7i. i..:~:_r:-~:if~'.;-; C1 ty Attorney 2 1 '. 2 ! 3 4 5 6 7 8 9 10 11 12 D 14 15 16 17 18 19 20 21 22 23 24 ?- I _:J , 26 i " I' 27 il I' 'I 211 !, 'I Ii " I, 'I " !1 ;i , . t1 r r/ft:;! /.1 F1i/ 7 ;:::- ~iE.IIMI!iT (subdivision improvements) THIS AGREEMENT is made and entered into this ~~~'day of l ~.~/it.;/ , 198.'~" by and between the CITY OF SAN BERNARDINO a municipal corporation, hereinafter referred to as "City", and REDLANDS rn;,lI.NCIAL SERVICES. INC .hereinafter referred to as "Subdivider", RIfITAhi: Subdivider has presented to City for approval a final sub- division map (hereinafter called "map") entitled" TRACT NO. 11 AS7 " The map has been filed with the City for presentation to the City Council (hereinafter called "Council") of the City for its approval, which map is hereby referred to and incorporated herein. Subdivider has requested approval of the map prior to the con- struction and completion of improvements, including all streets, highways or public ways and public utility facilities which are a part of, or appurtenant to, the subdivision (hereinafter called "subdivision") designated in the map, all in accordance with, and as required by, the plans and ,specifications for all or any of said improvements in, appurtenant to, or outside the limits of subdivision, which plans and specifications are now on file in the office of the City Engineer of City. Council has approved said map and accepted the dedications therein offered, or some thereof, on condition that Subdivider first enter into and execute thi s agreement with the City. ,~, 1 2 3 4 5 6 7 8 9 10 11 12 13 :4 15 16 17 18 19 20 21 22 23 II 24 25 I I , 26 , I I 27 II " jl ! 28 Ii :1 !; p Ii I' ,I il :1 This agreement is executed pursuant to the provisions of the Sub- division Map Act of the State of California and Title 18 San Bernardino Municipal Code. I' NOW, THEREFORE, for and in consideration of the approval of the i I , map and of the acceptance of the dedications or some thereof, therein offered, and in order to insure satisfactory performance by Subdivider of Subdivider's obligations under said Subdivision Map Act and said Ordinance, the parties agree as follows: 1. Performance of Work Subdivider will do and perform, or cause to be done and performed, at Subdivider's own expense, in a good and workmanlike manner, and furnish all required materials, all to the satisfaction of the City Engineer of City the work and improvements within (and/or without) the subdivision to complete the improvements in accordance with the plans and specifications on file as hereinbefore specified, or with any changes required or ordered by said Engineer, which in his opinion are necessary or required to complete the work. 2. Work: Places and Grades to be Fixed by Engineer , All of said work is to be done at the places, of the materials, in the manner, and at the grades, all as shown upon the plans and specifications therefor, here- tofore approved by City Engineer and which are nO~1 on file in his office, and to the satisfaction of said City Engineer. 3. Work: Time for Commencement and Performance City hereby fixes the time for the completion of said -2- I ~ 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 .I 26 II 27 ,I ,. 'i 28 I. /I ]1 'j I I I: , , work to be within 24 MONTHS from the date hereof. 4. Time of Essence - Extension Time is of the essence of this agreement; provided, that in the event good cause is shown therefor, the Citv Engineer ma~ extend the time for completion of the improvements hereunder. Any such extension may be granted wi~hout notice to the Subdivider's surety, and extensions so granted shall not relieve the surety's liabilitv on the bond to secure the faithful performance of this agreement. The Citv Engineer shall be the sole and final judge as to whether or not good cause has been shown to entitle Subdivider to an exten- sion. 5. Repairs and Replacements Subdivider shall replace, or have replaced, or reoair, or have repaired, as the case may be, all Dioes and monuments shown on the map which have been destroyed or damaged, and Subdivider shall re- Dla~e cr rave replaced, repair, or have repaired, as the case mav be. or pay to the owner, the entire cost of replacement or repairs. of any and all property damaged or destroyed bv reason of any work done hereunder, whether such oroperty be owned bv the United States or ~ny agency thereof, or the State of California, or anv agencY or political subdivision thereof, or bv the City or bv any public or private corporation, or by anv oerson whomsoever, or bv any combina- tion of such owners. Any such renair or reolacement shall be to the satisfaction, and subject to the aoproval, of the City Engineer. 6. Uti 1 itv Del)os i ts - S tatemen t Subdivider shall file with the City Clerk, prior to the commencement - 3 - 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 II 27 ,I II 28 Ii II of any work to be performed within the area del ineated on- the map, a written statement signed by Subdivider, and each public utilitv corporation involved, to the effect that Subdivider has made all deposits legally required by such public utility corporation for the connection of any and all pUblic utilities to be supplied by such pUblic uti1itv corooraticn within the Subdivision. 7. Permits: Compliance with Law Subdivider shall, at Subdivider's expense, obtain all necessarv permi ts and 1 icenses for the construction of such improvements, give all necessarv notices and pav'a11 fees and taxes reQuired ~y law. Subdivider shall comply with all provisions of the Subdivi- sion Map Act and Title 18 San Bernardino Municipal Code. 8. Superintendence bv Subdivider Subdivider shall give personal superintendence to the work on said improvement, or have a competent foreman or Superintendent, satisfactory to the City Engineer on the work at all times during progress, with authoritv to act for Subdivider. 9. Inspection by Citv Subdivider shall at all times maintain proper facilities and provide safe access for inspection bv City, to all parts cf the work, and to the shoos wherein the work ,is in preparation. 10. Contract Security Concurrently with the execution hereof, Subdivider shal ~ furnish to City improvement security as follows: (1) ~n amount lOQuil1 tr. o.t least one hundred percent of the total estimated cost of the improvement and acts to be performed as sec...ri'.:y for the faithful perfonnance of this agreement; - 4 - II !! 1 '. .2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 1 . 19 20 21 22 23 24 25 26 27 28 (2) An amount equal to at least fifty percent of the total estimated cost of the improvements and acts to be performed as security for the payment of all persons performing labor and furnishing mater- i a 1 s in connecti on wi th thi s agreemen t; and (3) An amount eaual to at least twenty-five percent of the total est~mated cost of the improyements and acts to be oerforwed as security for the guarantee and warranty of the work for a period of one (1) year following the completion and acceotance thereof against any defective work or labor done, or defective materials furnished. As a part of the obligation guaranteed by the security and in add- ition to the face amount of the security, there shall be included costs and reasonable expenses and fees, including reasonable attorneys' fees incurred by City in successfully enforcing the obligation secured. The type of security furnished shall be in the form of bonds, deposits or letters of credit as proyided in Title 18 San Bernardino ~unicipal Code; and the type shall be at the option of and subject to the approval of the City Engineer and the City Attorney. Hold Harmless Agreement Subdivider herebv agrees to, and shall, hold City, its electiye and appoin~ive boards, commissions, officers, agents and employees, tarwless , from any liability for damage or claims foy' damage for personal in.jur.v, including death, as "fell as from claims for property damage which mav arise from Subdivider's or SubdiVider's contractors', subcontractors', agents' or employees' operations under this agreement, whether such operations be by Subdivider or bv an.v of Subdivider's contractors, subcontractors, or by and one or more persons directly or indirectly emploved by, or acting as agent for, Subdivider or any of Subdivider's contractors or subcontractors. Subdivider arrees to, and shall, defend Citv, and its - 5 - I , 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 ap~ointive boards, commissions, officers, agents and emDlo~ees from any suits or actions at law or in eauitv for damages caused, or alleged to have ~eep caused, b~ reason of any of the aforesaid operatir:ns, provided as follows: a. That Citv does not, and shall not,. ~/aive any rights against Subdivider which it may have by reason of the aforesaid hold harmless agreement, because of the acceptance bv City, or the depos it wi th Citv by Subdivider, or 1'.n\' cf the insurance pol i ci es described in Paragraph 12 hereof. b. That the aforesaid hold harmless agreement bv Subdivider shall apply to all damages and claims for damages of every kind suffered, or alleged to have been suffered, bv reason of any of the aforesaid operations referred to in this paragraoh, regardless of whether or not City has ore~ared, supplied or approved of, n1ans and/or specifications for the subdivision, or regardless of whether or not such insurance policies shall have been determined to be applicable to anv of such damages or claims for damages. 12. Subdivider's Insurance Subdivider shall not commence work under this agreement until Subdivider sha.ll hav,; obtained all insurance reouired under this paragranh and , such insurance shall have been approved by City Attornev as to form, amount and carrier, nor shall ~ubdivider allow any contractor or Sub- contractor to commence ,.:crk en td s contract or subcontract until a 11 similar insurance required of. the contractor or subcontractor shall have been so obtained and aoproved. All reouire~ents herein provided shall apoear either in the body of the insurance policies or as endorse- ments and shall specifica1lv bind the insurance carrier. - 6 - , 1 2 a. Compensation Insurance Subdivider shall maintain, during the life of this agreement, Workmen's Compensation Insurance for all Subdivi~er's emolovees employed at the site of imorovement, and in case any work is sublet, Subdivider shall require any contractor or subcontractor similarlv to provide Workmen's Comoensatiori Insurance for all 3 4 5 6 7 contractor's or subcontractor's emolovees, unless such emolovees 8 9 are covered by the protection afforded bv Subdivider. In case any class of employees engaged in work under this agreement at 10 the site of .the project is not protected under any Workmen's C0mpr:nsvticn law, Subdivider shall Drcvide and shall cause each 11 12 contractor and subcontractor to ~rovide, adequate insurance for 13 the protection of employees not otherwise arotected. Subdi~ider shall indemni~y Citv for any damage resulting to it from failure of ei ther Subdivider or any cOntractor or subcontractor to take 14 15 16 out or maintain such insurance. 17 b. Public liablitv and Property Damage Insurance Subdivider shall take out and maintain during the life of this 18 19 agreement such public liability and aropertv damage insurance as shall insure City, its elective and appointive boards, commis- 20 21 sions, officers, agents and employees, Subdivider ar.d any contrac 22 tor or subcontractor performing work covered by this aqreement 23 from claims for damages for personal in.iury, including neath, as well as from claims for nrouerty damage which mav arise from Subl'il.'ider's or' any contractor's or S:Jbcontractor's operations 24 25 26 hereunder, whether such operatior-s be by Subdivider or any contractor or subcontractor, or by anvone directly or indirectly 27 28 employed bv either Subdiyi der or any contractor os subcontractor ,1 ! and the amounts of such insurance shall be as follows: - 7 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 ]6 17 18 19 20 21 22 23 24 25 26 27 28 'I (1) Public Liabilitv Insurance In an amount not ~€ss than $ 100.000.00 for injuries, including, but not limited to, death, to any one person and, subject to the same limit for each person, in an amount not less than $ 300,000.00 on account of any one occurrence; (2) Property Damage Insurance In an amount not less than $ 50,000.00 for damage to the property of each person on account of anv one occurrence. In the event that any of the aforesaid insurance policies provided for in this Paragraph 12 insures anJ entitv, person, board or commission other than those mentioned in this para- graph, such policy shall contain a standard form of cr~ss- liability endorsement, insuring on such policy Citv, its elective and appointive boards, commissions, officers, agents and employees, Subdivi der and any contractor c,r subcor:tractor performing work covered bv this agreement. 13. Evidence of Insurance Subdivider shall furnish Ci~y concurrently with the execution hereof, with satisfactory evidence of the insurance re~uired, and evidence that each carrier is required to give Citv at least ten days prior notice of the cancellation or reduction in coverage of any poli~y during the effective ~eriod of this agreement. 14. Title to Improvements Title to, and m~nership of, all improvements constructed hereunder by Subdivider shall vest absolutely in Ci~v, upon completion and acceptance of such improvements by City. - B - I 2 3 4 5 6 7 8 9 10 II I II 12 !:) 14 15 16 17 18 19 20 21 22 23 24 25 26 27 I I il II I I, 28 / " II 15. Repair or Reconstruction of Defective Work If, within a period of one year after final acceptance of the work oerformed under thi s agreement, any structure or nart of any strllct,lre fllrni5hec and/or instal1ed or constructed, or caused to be installed or constructed bv Subdivider, or anv of the work done under this agreement, fails to fulfill any of the reouirements of this agreement or the specifications referred to herein, Sub- divider shall without del~y and without any cost to City, renair or replace or reconstruct any defective or otherwise unsat'sfact- o~y part or parts of the work or structure. Should SubdiVider fail to act promptly or in accordance with this requirement, or should the exigencies of the Subdividr,r car. ~e r.ctified, City may at . its cpticn, make the necessa~y repairs or replacements or perform the necessary work and Subdivider shall Dav to City the actual cost of such repairs plus fifteen percent (15%). 16. Subdivi der Not Aqent of City Neither Subdivider nor any of Subdivider's agents or contractors are or shall be considered to be Q~p.nts cf City in connection with the oerformance of Subdivider's obligations under this agreement. 17. Cost of Engineering and Inspection Subdivider shall pay to City the costs of all permit fees for all engi neering inspections and oth/;'r servi cesr.cnnected with the Citv 18. in regard to the subdivision. Said fees shall be paid prior to commencing any construction. Notice of Breach and Default If Subdivider refuses or fails to obtain orosecution of the work, or any severable part thereof, with such dilioence as will insure its completion within the time specified, or anv extensions thr;ro., or fails to obtain completion of said work within such time, or if - 9 - 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 19 the Subdi"ider shoull! be adjudged a bankrupt, Qr Subdivider should make a general assi!!n nent for the benefit of Subdivider's creditors, or if a receiver should be appointed in the event of SlIbdj,'iC:er':; insolvency, 01' if Sllb~ivicer, or any of Subdivider's contractors, subcontractors, agents or employees, should violate any of the provisions of'this agreement, City Engineer or Citv Council may serve written notice upon Subdivider and Subdivider's 'surety of b "each of thi s ag reemen t. or of any p~rt i on thereof, and defaul t of Subdivider. Breach of Agreement; Perfonnance h" Suretv or Citv In the event of any sllch notice, Subdivider's suretv shall have the duty to take oVr;r and COlr:rl ete the \'/or!: and the improver.ient herein specified; provided, hOI'lever, that if the surety, within five days after the serving upon if of s.uch notice of breach, does not give City written notice of its intention to take over the performance of the contract, and does not commence perfonTIr.nce tr.ereof within five days after notice to City of such election, City may take over the work and prosecute the same to completion, by contract or by any othe~ method City may deem advisable, fer the account and at the expense of Sllbdh'ider, and Subdivider's surety shall be liable to City for an,v excess cost or damages occasioned Ci:y thereby; and, in such event, City, without liabi- li~v for so doing, may take possession of, and utilize in ccr.t- pleting the work, such materials, appliances, plant and other property belonsing to Subdivider as ma.v be on the site of the work and necessarv therefor. 20. Noti ces All notices herein required shall he in writing, and delivered in person or sent by registered mail, postage prepaid. - 10 - 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 Notices required to be given to City shall be addressed as follows: City Administrator, City Hall, 300 North "0" Street, San Bernardino, California 92418. 2 3 4 Notices reCouired to be given to Subdivider shall be addressed as follows: REDLANDS FINANCIAL SERVICES,INC. 5 6 300 E. State St., Redalnds, CA 92373 7 ~otices required to be given surety of Subdivider shall be addressed as follrn~s: REDLANDS FEDERAL SAVINGS & LOAN ASSOCIATION 8 9 300 E. State St., Redlands, CA 92373 Attn: Roger Steelman Provided t~at any party or the surety may change such address bv notice in writing to the other partv and thereafter notices shall be addressed and transmitted to the new address. IN 14ITi~ESS MiEREOF, the parties hereto have executed this agreement on the dav and year first above written. ./lTTEST: CITY Gf S~ BER~/lRnINn (;7 By: rKtct, ~. / .!Id~; ~. '.layor ~ . ..di??// .r.1'?j .4-<A. C;.-ty Clerk SUBDllfI'lEP. Annrov~d as to form: Bv: Bv: City A ttornev SECRETARY I~ISTRIJr:TII)NS If the Subdivider is ~ cr.rf)cration, the agreement must be executec1 in e corporate name and signed by the President or a Vice-President ~~d the - 11 - it o U jj <( N <XI .; ,; .. ~ ~ .... '" .:, <( U .; z ~i ~! <( .. (/) I Secretary or ~ssistant Secretary, and the corporate seal affixed.- If the Subdivider is a partnership, it must be signed bv all nartners. If the Subdivider is an individual doing business under a fictittous name, it must be signed by all nersons having an interest in the business, and the ficti_ tious name must be signed al so. The agreement must be notarized bv the 2 3 4 5 6 Subdivi der. 7 8 ~~:~Fo~~IFO~~~ Bernar-,ti.no._ _____ }s.s. On this the . 2nd ._. day 01 OC.c_9~ ~L..._ 19!!.~__. belore me. the undersigned. a Notary Public in and 10< said County and State. personanyappeared __n... _ __...__ _."_. PhillipR,. Broqerick _.___.personally known to me or"PfO'l"8d-t&fn4H)ftthe t.~4l)1'581isJeeleryc i~8..88 10 be fhe ____. President. and .... .______ ._._____ . Robe_r.tC;.__!li~ns .d______.personally known 10 me oc.prOtl8d~Nsas sf saUsfacklf" 8 ;B:8R-De to be - -. -.. Secrelaly 01 !he COlpOfalion lIlal execuled the within inslrument on behalf 0' the corporation lherein named. and ackncJw.. ledged 10 me thai SUCh corporalion executed !he within inslrumenl pursuant 10 ils try,~"!!" 0< a reSQ!ution 01 irs ~ of directors,. Slgnalure .W~~__~,.____ ~~~~<<2g FOR NOTARY SEAL OR STAMP @ .me""" _. . WILLIAM L. GIBSON . '. NOTARY P'JBLlC-CA.lfORNIA . i, .- NOTARY W:;O FILED IN . SAN BERNA.qOINO COUNTY '" misSion Ex?lre. November 12. 1987 My Com 19 20 21 22 23 24 25 26 I 27 I 28 " " ., j, I I - 12 - ,I 11 :1 /",,- " I - '/I- ;rA-C 11/11 E!1I r 6- City of San Bernardino ECONOMIC DEVELOPMENT AGENCY 7hottty Co ...".".". IlQency AdminisbJor September 23,1992 . Deve/opment Depsrrment . Rsdevelopment . Community Development . s.n Bemuiino Downtown Main Street. Inc. . Convention and VISitors Bureau . &onomic Development Council Mr. Richard L. ~peck;y, Vice President VTu.n'lf " ASsocu'l"lrl: 650 East Hospitali~ Lane San Bernardino, Cal1fonUa 92408 StlBJEcr: leq1Jest For Proposals Xo. lDAl92-o2/0393q DE IIISIGJr OF LIm.I SA1ID CBIoX to WHOK IT !!AT COlfCEU: The DeveloPlllent Department of the ICOl10111ic DeveloPlllent Acency of the City of San Bernardino invites 70ur firm to submit a proposal in relponse to its request entitled: !BE DISIQI' OF LIm.I SA1ID curOX. The dollar _ 8IIIount for this project vill be determined bi the scope of iJrTicea submitted 117 the' Successful offeror. ~ questions re8ardine the teChnical aspect and contractual nature of the proposal are to be directed to: Timothy C. Steinhaus, Administrator "'tm: Doris I.. Daniela, Senior Planner IconOlllic DeveloPlllent Acency Ci~ of San Bernardino 201 X. "J:" Street, Third Floor San Bernardino, CalifonUa 92401-1507 Telephone (714) 384-5081 Enclosed is a request for propolal (iFP) and recommended reference. This is a negotiated procurement utiliZing the Request for Proposal method. The award viII be to the reSPondent submitting- the best responsible proposal satisfying the Ci~'s reqUirements, rather than the lowest priced propolal. ~Vr ,.y J:1f't11tJ"r#>ot:~....__. T'...._c...__.Il'".._,,____.__ "'..... I , Request for l'ropoaala '"'-. Septmber 23, 1992 pqe Bumber -2- Two (2) eoples of the proposal are to be submitted in a sealed envelope bearing the DaDe and address of the respondent and the leauest for ProDosal Number. Please address )'our proposal to Attn: Doris A. Daniels, Senior Planner, leonOlll1e DeVelopment Agency, 201 11'. "E" Street, Third noor, Sm Bernardino, California 92401. The proposal II4Y be hand-cSel1vered to the Iconolllic Development Agency at the slIDe address. The two (2) eop1es of the proposal should be submitted in lufficient time to be received on or before 4 p.II., !!onday, Oetober 19, 1992. 110 LAD PROPOSALS VILL!II A~. mE DEPAI!'n"'..-r WILL IIOT COISIDn DCOtIPLII'I PROPOSALS. Thank you in advmce for your interest in the City of Sm Bernardino. Sincerely, f"'. ~"""'I__ ~lccmca1c Deve1~t Agency TCS:DAD:lq:0393q ItUAJtUGI: The DeveloDlllent Code, The City of San Bernardino, adopted June 3....1990. uP 110. BDAl1l2-o2l03113q Pace 1 of -7- CI1'Y OF 8U BlWlDIlfO ECOBOKIC DIVELOPMDr "'GEl'lCY DEVILOPMDr DIP.Unwu DQtmSr FOR PROl'OS!LS FOR %HE DESlc:Ir OF I.I1TLB UID CAnoli' I. SCOPE OF WOn: .... Puroase The Development Departllent of the Cit)" of San Bernardino Economic Development ~ency, hereinafter referred to as the Department, requests proposals to desien an upscale re!lidential development that offers Up quality, low densit)" houa1ng. The Cit7 of San Bernardino wiahu to develop a planned lated cOlllllul11t7 that will eatabliah the Little Sand ~on area.. one of the premier and U&hl7 cledresble nei&hborhoocla in the Ci t)" . B. Pro1ee~ I~ODe The Development Departlllent of the Cit)" of San Bernardino 1& aeeking propoaala from an enaineer1ng fira to cleaien . residential clevelopment on . propoaecl 151 acre aite (aee .ttached upa). The aite is a tdlJ1&ular shape with ita aouthern aost tip foraecl 117 the lIerl1ng of Foothill Boulevard and the f(a.......4t. Drive al1pment. The broader northern base of the propert)" abuts the proposed Secret Holloy Ranch area (previously WOOdland He1Pta) of .ppro%J.mately one hundred d&ht7 (180) 1IJl1ta on one h~ed tvent7(120) .crea. On the West 1& tJie proposed Sterl1ng He1&hta area (tract n1llllber l41U) dedened for appro%J.mately fift7-ab: (56) lots with a ..4..4_ of 10,500 aquare feet. . The project area 1& del1aned for apProUllate17 104 clvell1nga and vould receive ita prlDary .ccea. to the aite via the e%tension of Sterl1ng "'venue. The project ahould be duianecl for clevelopment as · lated cOllllllUl1i t7 offer1ng U&h quali t7, loy densi t7 hous1ng. Both the .djacent Secret Holloy Ranch IIJld Sterl1ng He1&hta projecta .re proposed for des1en .. lated planned clevelopments. This cl1l8ter of the three (3) clevelopmenta ahould bocle veIl to eatabliah the .rea as one vith upscale hous1ng and U&hly del1rable ne1pborhoods. to the degree possible, the.eziat1ng uJor ridgelines, topography IIJld Yater .reas ahould be pruerved. The approxlDately 104.. canyon Iota ahould average 12,500 aquare feet IIJld home locatious ahould be oriented to tue .dvantage of cit)" view. to the aouth and Vest. "ost of the aite ahould be preaerved in Jlatural open apace vith hiking trills throuahout the development. Citrus Irovea IIJld other uP ao. BDAl92-o2/0393q 'aae 2 of -7- types of aarlculture, where cost effecthe, IIay be proposed to be planted v1thin the San Andres fault zone 8I1d alOll& sOlIe of the hillsides. c. Ba"',"~rmm" In lfovember, 1991, the Houail1g Dhlsion of the City's Development Department published the Comprehenahe Rouail1g J.ffordability Strateu (CHAS). the purpoae of the CHAS vu to identify the current 8I1d projected houail1g affordability needs of the COllllllUl1ity, to uaess available 8I1d POtential resources, 8I1d to inventory enst1l1g il18titutiOI1a1 capability to lIeet the identified ho118il1g needa. Staff noted from researehil1g the CBA.S that the data indicated not only a need for affordable ho1181l1g for low income persOl18, but also the need for nev upscale houail1g for yoUl1g IIiddle 8I1d upper incOlle profe8lionals. \ "\ In J.pril, 1992, the Community DeVelopment Commission approved the Little S8l1d C~on Rei&hts Development Concept. the ataff report addressed the need for the development of additional upscale ho118il1g units to lIeet the needs of yoUl1g professiOl1818 who rished to establish residence in the City of S8I1 Berl18rdlllo. D. Pr01HlSal Gaide1iDes Only Complete resPOl18es to this uP viII be cOl18idered. Offerers should adhere to the follov1l1g cuidelines: 1. Eli_tbrIfty Criteria a. Or,ani&ation . J.n eqineeril1g filii that has eqqe4 in pl.....h.C, c:1vil eqineer1l1g 8I1d surveyil1g practices. (Submit Uticles of Incorporation or other proof.) State if entity is . IWted partnership, corporation, etc. . b. l:eocraphic Uea ne propoaed approxillately 151 acre aite (aee attached Ups) is a tri8l1gular shape vith its southern 1I0st tip fOllled by the lIercil1g of Foothill Boulevard 8I1d the 1lanz8l1ita Drive aUlDlllent. the broader northern base of the property abuts the Secret Hollow lanch area (previo118ly WOodl8l1d Reichts) area (tentathe tract nUlllber 15185). 011 the West is the proposed Sterli11g Heichts area (tract number 14112). 2. ProRram Ob1eetfves the City'a objectives are as follows: 1. To select 811 experienced eqineeril1g firm to deSign a ,ated Upscale residential development that offers hi&h quality, low density housll1g. IFP Ko. BDA/92-o2/0393q Paae 3 of -7- 2. 1'0 dedp a denlopaent of a1!l&le fUIJ.ly ruidential 1IIl1ta COlla18tent Y1th the requirements of this IFP and the Devl!1otllllent Code of the City of San Bernardino. 3. 1'0 deden Little Sand Canyon to add additiOllaI UPScale III1ddle and upper incOIIe houa1ng 1II11ts to the City's houa1!l& &tock. 4. 1'0 desien a planned aated community that Y1ll establiah the Little Sand Canyon area as one of the premier houa1ng and h1&hly dedruble nei&hborhoods in the City of San Bernardino. II. l'iOPOSAL DOul~l5 A. Pronce.! Format 1'h1s section provides the format for respond1ng 'to the IFP. All items require a reaPODae. Information ahould be presented in the aame order and format.. specified. If an item 18 not relevant to the Offeror, please indicate not applicable. the City Y1llnot cOllaider 1ncOlllplete proposals. A table of Contenta and an Executive S1maar,' are required. Please nlllllber all pqes. the 1nformation Y1ll be uaed aolely by the Departlllent for purposes of evaluation and will be kept confidential to the extent allOYed by lav. 1. PrOTide the propoaer's l1aIIIe, title, "U1ng addrus, atreet address, and telephone lmIIIber. Deacribe the Il8ture of the propoaer's buainess and lenath of operation. .Specify parent company 1f the cOlllpany 18 a corporation, partnership, joint Tenture or other. If a corporation, specify date incorporated. L18t other dba's. 2. List ofncera, partners, or ownerea) -of the proposer entity by l1aIIIe, title, type of entity, and percent :of-cninersh1p. IncUcate the l1aIIIe and telephone number of the representative authorized to act on behalf of the propoaer entity. 3. PrOTide resUllles of the principals in your firm. lesUIlIes ahould summarize the professiOllal ezperience of each person, 1nc1ud1ng total t1lle nth firm, present responsibUities, and a description of their ezpedence pdor to jo1n1ng the firm. Personnel - Provide resUIlIes and jOb descriptions of all staff assigned to the project. 4. Describe the offeror's ezperience in designins and conatruct1ng s1llilar projects, includ1ng comparable public/private projects nth emphasis on compliance with plannil1&/developmental cdteda, lIiddle and upper income houains. scale of development, cooperation with 'public agencies and date of successful completion. S. Provide a site plan of the proposed residential development. the aite plan should follow the format approved by the City of San Bernardino Plannins and Buildil1& Services Departlllent. (.. , i I J UP Bo. EDAl92-D2I0393q Page 4 of -7- 6. Deacribe the lIaDZler in 1Ih1ch the offeror Will pursue the deaian of thia project. Provide detaiIa of all taaka to include relevant profeaaioaal reporta, &dleatonea, etc. that viII be neceaaar.yto complete the project. (Provide the cOmpleted Proaram Performance Schedule attached.) B. SDecial Provision. 1. Contract Incorporation The contenta of the aucceaaful propoaal vill become a part of the 8Ubaequent contractual dOC1llllent. Hovever, prior to contract ezecution, the Department reaerves the ri&ht to De&otiate apecific elementa of &U7 aucceaaful propoaal. Failure of respondent to accept thia obliaation -.r reault in the cancellation of any avard. 2. Acceptance The Department reaerves the d&ht to reject &U7 and all proposals and to reaolicit for Dew reaponsea to the UP. All proposals viII be evaluated .. 8Ubm1tted. The Department 1& 1lD4er DO obliaation to contact an offeror reaard1na incomplete information or clarification of propoaal elaents. 3. Reporta Once an ..reaent 1& aecuted, the offeror &hall aubm1t such statementa, recorda, data and information pertain1na to utters cOTered lIIIder the aareaent at such times and in such forma as required b7 the Department. 4. Contract PQllent The contract dOC1llllent &hall be prepared b7 the Development Department. Applicable local, state and federal rulea and reaulations &hall be incorporated or referenced in the contract boiler plate and aa special conditions in the contract work statement wherever applicable. A Deaotiated contract amount 1& contemplated pursuant to PQllent terma outlined in the contract. The offeror &hall state b.1slher Will1Dpeas to comply With all applicable rules and re&ulations of lOCal, state and federal ,overniDa entities. The Proposer must state b.1slher compliance vith the terma of the Request for Proposal. (SUbmit attached contract compliance sta taent form.) s. Release of Proprietary Information Proprietary information submitted relative to this JtFP is for the aclusive use of the Department. Said lIateriala and information are subject to diSClosure under the provisions of the California Public Records Act, Qovernment Code SectioD862S0 et seq. IFP 110. BDA/!l2-Q2I03!13q Pqe 5 of -7- c. 2em:d.red "&tta"'heDbI 1. Contract CoIIIpliance Stateaent I'om 2. Organizational ChartlKanqeaent Structure 3. ProgrUl Perforunce Schedule 4. Stan IUUllles/Job Ducriptions D. ~ ~ttft.eII .,.." Di-.elo81lre The Department reurvu the riaht, for 8JIY reason, to accept or reject 8JIY or all proposals, to negotiate the terms and spec:if'ications for the project, to -di1)' 8JIY part of the IFP, or to issue a new IFP. The Department USUllles no. responsibility or liability for the accuraC)' of 8JIY information set forth in I14ps, reports, or other dOCUlllenta/uteriala prO"f'ided for the respondant's 1I8e in deTeloPin& its proposal. Proponent U8llIIIes all liability in the 1I8e of such information in deTeloPin& its proposal. The Department "SUllIes no responsibility or liability for costa incurred 117 the proponent in the preparation of a proposal and response to this uP. z. Comoet:f.t:fye l'eleetfDlLfRyaI,..tfDll ".etDrII The successful offeror viII be selected accordin& to eTal1l8tion factora outlined below. These factors shall be applied to all eligible, responaive offerors in comparin& proposals and selectin& the successful offeror that the best responsive proposal satisf7in& the Department's requireaenu. 1. The feasibility of the work plan; the performance schedule to athieTe the program's loals and objectives, and the extent to vtich the project proposes to address unmet lIl1dIor critical h01l8in& needs in the cOllllllUlli ty . 2. Organizational structure and llaDa&eaent practices. 3. Qualifications of personnel who viII administer the project. 4. Experience of the organization in providin& services or products described in the Scope of Work. 5. Cost effectiveness: The budget is adequate and design costs are appropriate in relation to the development project proposed. 6. Innovativeneas: the extent to vtich the' project concept is innovative and responds to the needs stated in this uP. UP .0. EDAl92~210393q 'age 6 of -7- 7. Or,anizaUon' I aff1%111ltive acUon polie:)' and proCedurea and dl!llon8trated w.iDeas re1aUOIIahips With ainority and fema18-011Jled w.iDeues. IV . noPOSAL IImIIIrrllSIOlI PropOlall aball be ..iled or delivered to the folloviDa address: .&tt:n: Dodl A. Daniels, Senior 'lamer BconOllic Development Acene:)' Development Department City of San Bernardino 201 .. "EN Street, l'hird noor San Bernardino, California 92401 Telephone (714) 384-5081 ALL PROPOSALS ImS! U UCEIVED BY 4:00 P.M. 0lI1lOl'lD.U, OCTOUR 19, 1992. 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N J.r%AQuouu,J; PERFOIlMANCE SCHEDULE List descriptively all phases and their respective major steps whiCh viII be 1D1dertaken to sccomplish the progrlllll objectives. Identify the date on whiCh eaCh step will be started and completed. . . PERFORl!AKCB S..l1.l5Uul.Jl: ACTIVITY DArE START COIn'LETE TOTAL TIME WUKSIMOl'lTHS 1. 2. 3. "4. s. 6. ACTIVITY DATE START COMPLnI TOTAL TIME WEElCSIKOl'lTHS .' 7. 8. 9. 10. 11. 12. 13. .. .. .. " .. '" '" ..... .... ,~~ o -fJ..!.l1- 5.pa.l:.L l c;.. .. .. :--..........- E Zl "'< N " -'" - .. .. ~.. '<l' .. .. - Q= .. d s::O z .,: =- "= l- .... U.. u "::l) "'! <C = .. a: :) " " ",,,, l- .. /., ~ :!Q l-' -~,. .~ -.. .- .. z ..- ..l- " W <~ l-- ~ Q., -,,--:-J <>l_ ~- -.- ! ~o --.;'J u< ---- ! ~ ~.'" ""'..~ 9 'IJH..Il~w. U.M. II ~ M ;;; :T;.;{~it VICINI" MAP Mllfv.u ,- -~) -' ;rlr/fc;/-;t1~(V T If. , - -:.:, .- "7 Y/r~ ./ SAN BERNARDINO MUNICIPAL WATER DEPARTMENT Inter-Departmental Correspondence December 30, 1985 FROM: Roger Hardgrave Director of Public Works/ City Engi neer Joe Bocanegra W. U. Engineering Supervisor TRACT MAP 11857 TO: SUBJECT: The Water Department has reviewed Tract Map 11857 including the proposed Sterling Avenue extension. The recordation of said tract map is approved subject to all conditions pre- viously set forth by the Board of Water. Commissioners. "Any existing facilities which have to be altered will be done with approval of the Board of Water Commissioners and at the expense of the developer. .i"':~ }{~ ~B;< '..,. .... . "0 C' '- cu >, ....'" e: 0 CT>.J:> e:o cu , .....~ N .... .... e: -0 9! , ..c: , .J:> CU- '- ,b Cl) !- 'r- .,... "0 'r- 3.::: OJ.... .... , e: :> , cu'- - e "'0'-- - CU CU '" .J:>O e: 0 " '" .... 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ClW- ev CT>CU c: +-' Vi..... >,'- QJ.,-.r- U co >- 0 ~ QJ''- "'0 ..- C. :>- > e: :> I- '" => <>:..... o..c: ,-.~ Q,l Q) '+- ..... l-'_ ;>.- '" '- ~ '" VI:3: 0 .... .... o V'l~ U 0-0 CU'" 0-001- '\ ,. -"" 11-/I/felf,# L:' III 1 -r: FIRE PREVENTION [0) ~~rnuwrnljj1 lnJ NAY 1 1 1993 l!J MEMORANDUM CITY OF SAN 8ERN~O OEf'~R7MENT OF P't.A~;NG :. aU'lOlll:G S(;;ViCl:S TO: Al Boughey, Director Planning & Building Services E. Guy Burdick, Fire Marshal e6B Tentative Tract No. 14112 (Sterling Heights) May 10, 1993 FROM: SUBJECT: DATE: (,u,J It is the' opinion of the Fire. Department that Sterling Avenue above Foothill should be retained as a public right-of-way. This right- of-way would allow emergency vehicles that respond on these streets to rapidly respond into this area. Our experience has shown that small and winding residential streets like those proposed for the sterlinq Heights Tract are hiqhly restrictive and can be very conqested in emergencies. These response vehicles would include tire enqines, ambulances, water tenders, tractor trailer riqs haulinq dozers, task force teams and numerous other related aqency vehicles. . The response time in the foothill areas is presently delayed due to the uphill qrade and when this type of'construction continues it will extend emergency response times because of the narrow and windinq streets. When these streets are residential, the response time can only increase more because of children playinq ~n or near the street and vehicles parked curb-side or backinq out of driveways. For the above reasons, Sterlinq Avenue is the recommended main route for access into the sterlinq Heiqhts area. /rimell;'if f7t1T Div. 2 REVERSIONS AND EXCLUSIONS ~ 66499.16 .1 I ! i I 'I ~ 66499.14. processingfee The legislative body may establish a fee for processing reversions to acreage pursuant to this article in an amount which will reimburse the local agency for all costs incurred in processing such reversion to acreage. Such fee shall be paid by the owners at the time of filing the petition for reversion to acreage, or if the proceedings for rever- sion to acreage are initiated by the legislative body on its own motion shan be paid by the person or persons requesting the legislativ.e body to proceed pursuant to this article before such initiation of proceed- ings. (Added by Stats.1974, c. 1536, p. 3506, ~ 4, operative March I, 1975.) Historical Note eerlvatlo.: Bus. & Prof.C. former 5 116-11, added by SI....1961. c. -107. I'. llm6, 5 1. / I I ~ 66499.15. Notice and hearing A public hearmg shan be held on the proposed reversion to acreage. Notice thereof shan be given in the time and manner pro- vided in Section 66451.3. (Added by Stats.1974, c. 1536. I'. 3506, ~ 4, operative March I, 1975.) Historical Note a,rlvalloB: UUB. & ProtC. former 5 11~7. added by Stats.1943, c. 128, II. 80S. I 1, a.noDded by Slal..19M. c. I~U3. I'. 2889, 5 7; SI0Ia.1963, c. o:!3. p. 1-I21!;7l1l.. I: Slala.1967, c. 332, p. 1~32, II. Bus. & Prote. forPler I 11640, added hy Sluh..lfl59, c. 1950, I)~ 4561, t 1. 810...1937, c. 670. \1. 1673, 5 2-1. . ~ 66499.16. Findings Subdivided real property may be reverted to acreage only if the legislative body finds that: (a) Dedications or offers of dedication to be vacated or aban- doned by the reversion to acreage are unnecessary for present or pro- spective public purposes; and (b) Either: (1) An owners of an interest in the real property within the subdivision have consented to reversion; or (2) None of the improvements required to be made have been made within two years from the date the final or parcel map was filed for record. or within the time allowed by agreement for comple- tion of the improvements, whichever is the later; 0" 3eC C.I.Code-13 363 J .;: :j I =,f- I ~ 66499.16 SUBDIVISIONS Title 7 (3) No lots shown on the final or parcel map have been sold within five years from the date such map was filed for record. (Added by Stals.1974, c. 1536, p. 3506, ~ 4, operative March I, 1975.) IIlstorlcal Note Derivation: HlI~. & l'roe.C. fnrmer ~ 115:li. added b~' ~ltlt8.H)'43. c. 12S. I', ~UX, * 1. ItlltCIUlcd b,. Stftl:'f.tnr.n, e. 15!1:J. I'. ~8...~. Ii: ~tRt~.l003. c. U".!J. 1'. HUH, I . 1; Stots.IOOi, c. 33"l, II.lS:r.l, 11. H\I:-I. & l'roC.C. (orlller I 116-IO. added h~' Slllf!'l.1959. c. WOO. 11. 4501. 11. Hfl1t!'l.193i, c. 070. p.1873. ! 24. Cross References Termination, offen of uedicstiob. exception under this section, see I 66477.2. Law Review Commentaries Forced dcdimtioQl'l u n COIlflitioll to aubdlvision IIttpro,'"l. (1971) {) San Diego J".Rev. 112. ~ 66499.17. Conditions t:: n: " ;r ;~ ;: As conditions of reversion the legislative body shall require: (a) Dedications or offers of dedication necessary for the pur- poses specified by local ordinance following reversion. (b) Retention of all previously paid fees It necessary to accom- plish the purposes of this division or local ordinance adopted pursuant thereto. (c) Retention of any portion of required Improvement security or deposits if necessary to accomplish the purposes of this division of *' local ordinance adopted pursuant thereto. :.o~ . ~;i>: .;.". !': .[' . (Added by Stats.1974, c. 1536, p. 3001;, ~ 4, operative March I, 1976.) Cross References Termination, oUer o( dedication, excelltion under thflseetioD, lee I 66471.2. ~ 66499.18. Effective date of reversion; effect on dedications and offers Reversion shall be effective upon the final map being filed for rec- ord by the county recorder, and thereupon alI dedications and offers of dedication not shown thereon shall be of no further force or effect. (Added by Stats.1974, c. 1536, p. 3506, ~ 4, operative March 1,1975.) 364 Div. 2 REVERSIONS AND EXCLUSIONS ~ 66499.21 Historical Note Oetlvalla.: Bua. & Prof.C. former I 11537. .deled by S,.,..111-13. e. 1:!8, I'. 963. 5 1. .....ded by S.....19M. e. 1593, I'. :!8SlI. 5 7: S','..I963. e. 623. ,I. 1499, 5 1: S','..I967. e. 332. p. 1532. 5 1. Du.. & ProtC. former I 11&10, added by S,.,..1951. e. 11156. p. ~561. 5 1. Sruhl.193i, c. 670. II. lS73. 5 :!.l. Cron Referen..s Termination, offer of dedicatioD, exception under this HedoA. see f 6&i'l7.2. ~ 66499.19. Return of fees and dellOSits; release of security When a reversion is effective, all fees and deposits shall be re- turned and all improvement security released, except those retained pursuant to Section 66499.17. (Added by Stats.1974, c. 1636. p. 3464, i 4, operative March 1. 1975.) ~ 66499.20. Tax bond not required A tax bond shall not be required in reversion proceedings. (Added by Stats.1974, c. 1636. p. 3506. i 4, operative March 1, 1976.) Hlstortcal Note Dlrlntl..: B.... " Prof.C. former 5 S'.'..I937. Co 670. p. 1873. 12~. 11537. added by S.a".I11-13. e. 128. p. 1l5ll3. 5 1. amended by S..ts.lll5li. e. 1593. p. 2889. I 7: S.....I963. Co 623, p. 14911. 5 1: S.a'..I967. Co 332. p. 1532. 51. ~ 66499.20%. Filing parcel maps; oonditloDS; approva.l; ef- fect; streets A city or county may, by ordinance, authorize a parcel map to be filed under the provisions of this chapter for the purpose of reverting to acreage land previously subdivided and consisting of four or less contiguous parcels under the same ownership. Any map so submit- ted shall be accompanied by evidence of title and nonuse or lack of necessity of any streets or easements which are to be vacated or abandoned. Any streets or easements to be left In effect after the re- version shall be adequately delineated on the map. After approval of the reversion by the governing body or advisory agency the map shall be delivered to the county recoreler. The filing of the map shall constitute legal reversion to acreage of the land affected thereby. and shall also constitute abandonment of all streets and easements not shown on the map. The filing of the map shall also constitute a merger of the separate parcels into one parcel for purposes of this chapter and shall thereafter be shown as such on the assessment roll subject to the provisions of Section 66445. I;;xcept as provided in 365 .,.; .,~ " 1 ::'q ..... ., ..1 -.1 ~ ., , ,r { .~ l . ~i j ~ J ,~~: " I .... '.. ,; :j ,'~' .' '.- . .'.,~/ , p' ,. / WERNMENT CODE nd any alteration thereof ~ time and in the manner , and shall indemnify :u1d .aUd, then this obligation effect : specified theretor, there attorney's f.... incurred ""'to and included in any .eration or addition to the lCitic:ations accompanyina waive notice of any sucb or to the work or to the 3Ild surety above named, oeing furnished for the the foDowing amounta: ~ more than 100 percent ilioned upon the faithful percent nor more than ,co of the required ad, ling labor. materials, or ,visions (a) and (b) II a : its agencies, or funded ith subdIvisions (a) and ..odivision (a) of Section . the improvements baa :: of 100 percent of the , nonprofit corporation .ract for the payment of the contractor by the ,f this chapter, and out mned in the work, and .ill to the date of the ,-"pired after the 1iling 'y, and a waiver ot lien ;sks * " . L" ~. GOVERNMENT CODE ~ 66499.7 ' (3) All certifications as to progress payments shall be delivered througb the United Stales mail to the nonprofit corporation. The term "progress payments" means paymenta made in compliance with the Jehedule of partial payments agreed upon in the contract for the work. No less than 10 percent of the toIal contract priee sbaU be retained fur the 60 daya foDowing the 1iling of the notice of completion. . (d) Subject to the UmitatiOIl8 of SeCtion 66499,9, an amount determined by the legislative body neceaaary for the guarantee and warranty of the work for a period of one year foDowing the completion and aoceptance thereoC against any defective work or labor done, or defective materials furnisbed. (Amended by Stata.I988, Co 1308, t 4.) Historieal and Statutory Not.. nonpn>IIt COll'O...........r, iooerlAId IUbd. (e)(2)(C) _ Inc to review &lid AJlPI'OftI ot __ ...,....m biIJIIlp by IoaI pvemment; .........."" "30" for "60" daya .. IUbd. (e)(2)(ll~ pn>Vfded in IlIbd. (eX2)(D) for _ ot .... richlI pn>Vfded by \be conlnclor; one! mode IlIbd. (eI) IUbjeet to the 1Iml.._ of I 66499.9. IlI88 LqWetJoa '!lie 1llS8 .......-.. pn>Vfded in IlIbd. (0)(1) for Ietten at oredft pn>Vfded punaeat to perqreph (3) ot_ CoIot__fwIOKot\be_otlm...,... IIIIDia; iooerlAId in IlIbd. (e)(2) "uDder \be control of \be t 66499.1. Rei.... of oeeurlty '!'be oecurity furnished by the aubdivider sbaU be released in whole or in part in the following manner: (0) Security given for faithful perfomiance 0( any act or agreement sbaU be released upon the per{ormance of the act or IInal completion and ....ptanee 0( the required work, or the Iegislltive body III&)' provide fur the partia1 releue of the oecurity npan the partia1 performance 0( the act or the ....ptance of the work II It progreaaea, under rul.. establlshecl by the Jegislltive body. (b) Security aecurlng the payment to the contractor, hia or her suheontractora and to peraons 6IraIahing labor. materials or equipment ahall, after _go 0( the lime within which claima 0( Den are nqaIrecI to he rOeonIed pursuant to Article 3 (commencing with Section 3114) of Chapter 2 of T!tIe 16, of Port 4 at Dlvlalon 3 of the CIvil Code and after """eptance of the work, he reduced to an lIDount equal to the total claimed hy all claimanta Cor whom claima of Den have been recorded and notice thereof given in writing to the Jegislltive body. and If no such claima have been recorded, the security shall be released in ~ -" 'i1Ie releue sbaU not apply to any required guarantee and warranty period required by Section 66499.9 tor lIi8 llU&1'8Dteo or warranty nor to the amount of the aecurlty deemed necesaary by the locaIageney for IlICb guarantee and warranty period nor to costa and reaaonable expell80S and'Cees, ineJuding reasonable attorneya' fees. The legislative body may authorize any 0( Ita puhUc ofllcers or employees to authorize release or reduelion of the oecurity in """ordanca with the condilioll8 hereinabove lOt forth alld in aceordance with saeh ru1es II it mal' preseribe. (Amended by Stats.l9B3, Co 1195. t 2, Stata.I988. Co 1308, t 6.) Hialoneal and Statutory Not.. 1983 A.meadmeaL Subatituted "abaIl" for "'may" in the ing '"warrant)' period'"i and made I nonaubetantive illIreduetIoo, In subd. (0) """ twice In \be lint -" ehangv. at Illbd. (h); on<! auliotituted, In the lint panlP'OPb of IIbd. (b), "equel to" lor "not Iesa than". 1988 Leclelallon The 1988 omendmen. inaened, In lOW. (b). "required br Section 66499.9 for \be guarontee or warnn'y" foOow. Chapter 6 REVERSIONS AND EXCLUSIONS Article 1 REVERSION TO ACREAGE I Section 6&l99.20Ji. Filing parcel mUJ>>.Ii conditions; up-. provalj effect; slreets. Section 664gcJ.20l Merger ami resubciivision; filing map; effect. AddlUons o~ ch~nge. Indlcaled ~y underline; deletions by asterlsks . * * , 185 . . r l f I i ! I. r , I r :~ I i ! t ! I I I' f [ ,. /!- I t' ! t . I I , , L___ I; 1. j; ~ 66499.19 GOVERNMENT COOl f 66499.19. Return or Ce.. and depoollll; ..I.... or aecurlty I S.d_ty I Noteo of Declalo"" . . posed JlIInUIlt '" the oct upon condomllllum deveIapor who deOfnid '" ohoodon "",jed ond Obuin rotund . dty ....ned...... B" P Developneot Corp. .. CIty ~ Saratop lApp. 6 DIal. 1!IlI6) 2SO CaLRplr. 192, 18& Col F App.3d 949. I' 1. Excluttrity Thil act. desc:nDed exclusive meana after recordation DC ftnal map (or obtaining refund or development (eet bn- f 66499.20%. Filln, porc.1 mapa; condltlona; approval; .ffecl; atreeta A city or county may, by ordinanc., authorize a partel map to be llIed under the provfatona or thlo chapter ror the purpose or reverting to acreare land prevlously subcllvided and couslating or Coar or Ie. contlguoua paroels under the same ownership. Any map ao submitted ahaII be ICeOmp8nled by evideDie ot tlt1e and noll1llle or lac:k ot neceoaity or an)' public atreelll or ~Iic euemenlli whiell are to be vacated or abandoned. An)' public streelll or ~ eaaemenlll to be in eJl'ect alter the reversion shall be adequately delin.ated on the map. Aller approval or the ....rsion by the governing bod,y or ~ ag.ncy the map shall be delivered to the counly recorder. The llIing or the map ahaII.eotI8tllute lepJ reversion to acreage or the land affected thereby, and ahaD also conatltute abandonment or all J"': streelll or ~ eaaemenlll not abown on the ma rovfded bowever that written. notation , abandonment fa Iiated b reference to the rec ala oreatin streets or ! - . toon e e e e or e o. e e . The filing map also c:onstitute a merger aeparale into one or purpoaeo or thIa eIIapter and ahaII Ibereafter. be abown II suell on. the ...- -;..t roB subject to the proviaIono or SectIon 66446. Except II provided In aubdiPiaIon (l) of SectIon 66446, on any parI!eI map uaed ror reverlbig ........ a eertI&aIe ahaII 8p!Iear slgi,ed and aclmowIedgedby all partlea haring an)' record title Inlereat In the land being reverted, eonaentlnr io the preparation and filing or the parI!eI map. (Amonded by Slata.l993, Co 906 (A.B.657), f 10, eJI'. oCt. 8, 1993, operative Jon. i, 1994.) . Hlatorleal and Statutory Nolea . domnent Is IIated bY i.c...... tiiihe mmiinr dola <reatfnr - publle m.b Ir j>ohlIe aiiimonta, iod - '" OIl the IlI&P by the derl< of the JeaIaIativa badJ or the deefrnee of the Jeslalalloa body approvlor the tnap". '., SovenbOlty of prooIafona of Stalo.1998, .. 906 (.UI.65'I), ... IlIal<>rieaI ond S-lol7 Notes ander Gqv.......1 Code I 1'l6&8A '. 1993 LerUlatlon SeetIoa I at Slata.1993, .. 906 (.UI.65'I), proridea: '"lbia oct _ be kncnm ond...y be d," .. the Oamlbus Loca1 Govenuaeol Ad 0111193.. Tho 1993 "'_1 1Ubalilut<d "puhlfe _ or pqbBe tuemenbllO tor ".tneta or euementa" and iDserted ", JllI>Vided however that wrt_ nolatioo of _ aban- f 66499.20!l. Merrer and reoubdivlalon; f11lne map; alrec~ Subdivided Ianda ma)' be merged and reaubdlvided withOut mertlng to acreage b)' c:omplying with aD the applicable requirements tor the subdivlalon or land as provided by thla divlsion and In)' 10CllI ordlnancea adopted punuant thereto. The fiIlng otthe fIn8I map or JllU'l'O! map. ahall c:onotllute legal merging ot the separate paroela btto one parcel and the resubdlvlalon or auell pareel, and Ibe real properly ahaII therealter be ahown with the new lot or pareeJ boun~ on the ~t roB. Any unuaed t... or deposits prevlously made pursuant to thia dlvlalon pertaining to the properly aball be credited pro rata toworda an)' requirem.nts ror the Il8me purpoaeo whieh are applicable a~ the time or resubdlvlalon. Any public atreets or publk easements to be len In errect alter the resubdlvlalon ahaII be adequately delineated on the map. After approval or the merger and resubdivialon b)' the rovernlnr body or adviaol')' agency the map ahaII be deU.ered to the c:ounty recorder. The liHng or the map ahaII eonstilute legal merger and reaubdivlalon or the land affected thereby, and ahaII also c:onotltute abandonment or all :bUe streets and pubUe easements not ahown on the map, provided that a written notation or eacl1 aban onment is listed b rererence to the recordin data c:reatin ,tL... ublic streets or Ue easemen an oertIfi to on the ma beer or the . IaUve or e em eo or e lelrislative body aDDrovinsr the map. (Amended by Slats.I993, .. 900 (A.B.5S7), ! 11, eJI'. Oel 8, 1993, operatl.e Jan. I, 1994.) l/istorical and Statutory Not.. 1993 Lerf.IaUon "'l1Wt act aholl be known and ...y be cl," II the SeetJon lot Stat.s.l993, e. ~ CA.B.667), provides: . OmnibU!'l Local Gov.ernment Act of' 1993." Add"'ons or chenges Indlcaled by underline; deletion. by e.ierl.ks . . . 186 ~v,ERNM. The 1993 ame- __ and"'" (Il'09lded that a 1Ia," by refer", public ItnetI or iD.-rat 1 Ortrlnal IUbdlv Raubdlvtlfon 8ubdhided Ian< Subdhidera 4 L In...-J Contf8uouapL pul1loIea of the , a looaJ ordInanc< . wIlbio the mfniIr '"re'tendon to Ie ~ requlrer er-t>d1v!d1ng) 1 649, 7-3-31. Z. 0ri(InaJ ouI .' 'l1Wi ieclIou dl . _. ieoilnIed III -. lIIlnrofthe._ DOt ",..Rn_tM 0 DIal. 1990) 271 ( deniod. lL SUbdhided. '. Patented _ Of .-tAI prov merged sod_ ",",pJ,far with. of IaDd .. d...n oi-dfo&ooea adop of MendO<Ian C; CaLApp.4th m. Secilon 66499.23. Ne ! 66499.23. I The petltlot appears alter thooe portio.. data aVliilable eounly survey (Amended by 1981 Legis1al Section Z4 of ""The amendl' ment Code in Ac --------... - .-:'~"'i:('~ ~....-~ .\t- ~id~~~-~'-';~',:~:;,::--:l~:, :~~.. '1:' ',. - 1165090 ~ .... "N~~"'" '..) .' .." , a:~'MJ;,.b:1..'~.,:,,: .'J ,;r:t; . i, ..:"~;;.!"',, ~~:L1Itrary ReCerencea ",... :"'.'; ::i':I','~i.'Ji,;:-i ~(~:\;::(~<..,_':;~!'l\j:- "'c.wondi.Pnclfcec;.w.,~T""'~FriecInwI. " "mopier por8gnph.~~'tAi~ " Gorda. lIaprly,... Guide', Table oC &.luleo Cor' . ." dIocuaioc thlI_ ,,' ."" ",", ",' " ~. Ir~",..~tl.jil.r::':'!;";-~'';'..f:' .';!.,' .. "'. \ ',I ,...~':".. _'-:,l~" .~._'ip; 1 6509L. Public noU.. for proJcctI .',~!, ~.:. '. ,";' \ ,,(a) When a pt1lvilion or this title requirea nolice'of a public hearing to be given pw-suant to thia\ sectioo,notlcubaUbegiteo,in,aIl of the foDowing waya:;,. "",';~",'" , ,;',""", ,,~,~ .. . .4. : (1) Notice of the hearing ahaIl~ wfed or dcliv~ at le&;&t 10 days pror \Ot!!e hearip~ .to the~"!!it, or the subject real property' OJ' the owner'a duly authorized agent, and to the proJect 'app~~ ~', (2)" Nolice' o(the hearing shall'" mailed or delivered at l...t 10'daysprior to the hesringtii 'eacld" . ..."cy 0lpCCted to'Provide water,'.ewage, streets. roads,'schools,or other'e8llentlal facilities'or ," tothe''proJ~;.''hose 'ability to"provId~ those f'acililies' BOd services'msy'be'slgnilieantly":Uj::' 'I'" " " ' . ' '" .~ .... -, "... ...,. '..," ',' ." '.' . . ." . " -." . !..; :, (3) No'u..o( t1iO hearIng'shalI bO mailed or delivcn!ilat least 10 days prior to ;U..peiuing to. all' ~ 0( real propa:ty 18 abown on the latest equaIizecI asseoameot roll within 300 feet 0( the real property,t!>'!, fa the Subject or the bearing. In lieu or u~g ~. ~t roll,. the I~agency may utilize reo__" ' or tha county _r or tal collector whicb contain more recent'inConnation than the ......ment. II the IlUDlber of owners to whom notice would be mei1ed or delivered pursuant to this' jJaragraph~ , psragraph (I) fa greater than 1,000. a local agency, in lieu or mailed or delivered notice, may prp.: . oolice by placing a display advertisement of at least one-eighth page in at leaSt' onenewspaper'of gen'" cImIIalJonwithin.the IllcaI agency io.w~theJll'llC"'OC!lng is <;onducted o,t,~t,lO, ~,JlIi~ to IlIi ~~~.':'::'.';~.-;::'-:~,;;' ~(.:~' , ,:;-.:::'; i :~ ':~. '~.:i:- -.r,':.,,- ,.... :' '~;,;..:' ,:' ..;: '.~;;:':.-~~!"::"'.,;,~:~:i ';_:~~~::":"i~lUb' ,,.'(4HHhe.ooIice. is' mailed, or delivered pursuant to psragraph (3), the 'noIice, shaIl,aIso; either". ...' . -. . I.'. ._. . ' . ., . I _ . ~ -. . -. .' .... " ..: ',. . " t. .. ".i "'., . . (A) 'PubUshed pursuant to Section 6G61in'at least one newspaPer or general c1rculatioi. within' the ' . agency whicb fa conductiog the proceeding at least 10 days prior to the hearing.' ,:.,::, !,<<,,",'; ,-" '~~r" .., . '. ". . _". '0""_;1,' (Ill I'oetOd at least 10 days prior to the hearing in at leut three public places within the boundaries' the local ogency, including one public J>!ace in"the area directly affected by ,the ~g. . . : (hi The now.; shalI'lnclude u.i inCormation apecilled in Section 65094. ..",,: " . . '., . ....' - ..', '. ',', r.o _,; I'. I . .;' , (c), In addition to the notice requirl!d by thla sectlon, a IllcaI ogency may give nolice or the heariog.m an1 other manner It deems neceaury or cIeelnbIe., .' HoB" '(Added'b1StitaJ.9s4,'C. 1009.,1 2. AmeodeifbyStata.I985, 0.1199.1 z.):..;'\".'~ ,,',i.'," ."r.;"', ,~.:f,., :;r;:H;;~::{::;~;t: ::~:::;::~;:;~:\jp;~~cal'~d, ~tutorT Nota' ",'l"""'~::;~~:;:' ,";!::;,: :;. \._198& LeddatIon;i' ".; ,:.-..,' .,-....,....."., ;1_~.':. ' FonDl!lr t 6tW6L4.1dded tir Stata.1980. Co 1164. PO' ~ LePlaUve iDteaL .re1atlDc"\O sWa.i!IIW.' e., 1009. lee fL. -'t .... _ Educ.c. I __' ,. ,_u.a: F........ 1 Il5lI6U, adcil!d by St1tL1975, 0. 249. p.; 160. I 2. aIDl!Dded b)' Stata..lrm."c..l~ p. 241" I~;, ; ..,.' . '~_: .; I'. ,,\:~,,""..'-'I .'" .... ',: '1' t.; t&a&.Jmr~"'m, P.l~ I. L'" . :, .'~ .....: .... 1':' ., :~.' ... -1"';-", ' ":i; !;,j., t" , .,r.<-f ,,,-; "'~;;?f{ ~i,;:,}~' ~~II\G ':' ~'(:'i;,:~C.,::";, '~rBr1Relerenc.. ':::(':h'\",~:."~,,;.,,, , tic&lir"'I'rooIice:~'LandJonI-TeJW.t;'Fr;,;m,W,; ,,',',' chopter ~h DumIier'referea<es,to~, I1I!)i.,GiIrda' .;IlaprIjy.'__.Guide'1 ,.... ol Statu.. Cor:' : ,..:.. _d1Icuuing,thiI.IlICtloIii.:!:'l::''iV.:oJI.; :')?:.t~;:.~;~(, .: ';:;~f.;~;~~:,t;~~~::":<::~:~::.:;:/,,~::',; .:::, ':'":,,,,;',,.:;',.'>:;:'~~;,:'::~:;~;~:',:i;:~;::~;i!.;;;;?}~~' 'When a prorisloo or thla titl. requIrea ~oIice oCaJ!l1blic heariJ)g to ,!Ml ~,JlUI'8U&Iit ~,~O,\ '6S090 ... 66091, the'nolice ahaJI aIao be maIJed'or cleUvered at least 10 da;. priOr'to the hearing to an1 perooo wbo.hu'JlIed a,written _Uor noIice with either the c1erk.or the'governlng body;~witb an1'0 , person designated by the governing body to receive these requeeta. "The, local ..."cy may, charge ,,~ (eo wblch fa reuonabb' related to the eOBt8 or providing this service and the local agency may req~ ead1, '. request to be annually renewed. . .... .' ..;, '-I ... ....,..:! oJ :J'" :: !"_\ij:l~~' (Added by Stata.19&l, o.IOO9,I,Z. .~~e<jb1;,~tat,l,l985, 0.,1199, 13.) " :," .,(>-" _." ,;:.i."; :,',_'~'~, ",; Hlatorical'an, d,., ~tuforT Notes .,,.,',,:,, "::., "" ....,;!." :w,.'". , lJSI LqWaUon "." :.; . " , ..' .J.esloIot1Te iIllenL"ieIaUnc 1oSIW.19&1, 0.1009, 1eO. ,.....i"..: ,;l.;'..:; "" _.WIller Educ.C.1 ,39OIl2. " ,'" "i" .' ,:C",.' . " . Addl~na"or::c:hange. Indicated by; underUne; 'deleUona,bY,lSterllks ,~..~"... ., :.-.. ". 326 . . .' ..... H,( , m RedlandsFedeml Bank Writer's Direct No.: (909) 335-3551, ex!. 401 Fax: (909) 798-4495 March 25, 1997 City of San Bernardino City Attorney's Office Attn: Henry Empeno, Jr. 300 North "0" Street San Bernardino, CA 92418 VIA FAX TO: (909) 384-5238 Re: Tentative Tract Map No. 15775 - A Reversion to Acreage Dear Mr. Empeno: Thank you for taking the time to meet with us today regarding the Sterling Heights Reversion Map. During the meeting, you requested that Redlands Federal confirm in writing that it is the real party in interest in requesting the reversion to acreage, and that in the event of subsequent litigation concerning the approval of the Tentative Map, Redlands Federal Bank would indemnify, defend and hold harmless the City of San Bernardino as required by Condition of Approval Number 3. Please accept this letter as confirmation of those facts. Entered into Record at COllncil/CmvOevCms MIg: b /5/1 7 Very truly yours, 9b~~ n~ D. Brian Reider, Executive Vice-President, Chief Operating Officer and General Counsel re A~,Wf'i;-< ItP.lll ;;..1 .q <U'.A .d'. CJ ./Ur.~ City ClerklCOC Secy City of San Bernardino =#Z7 5-5-'1 300 East Stale Street 0 Redlands 0 CA 92373 0 909 793-2391