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C~TY ~OF SAN BERN~bINO - RI!QUI!ST ~R COUNCIL ACTION
From:
Brad L. Kilger, Director of Plann~n~rr.
Roger Hardgrave, Direct<<fOO!.-ADM1~:
Public Works
1989 FES 28 11M \0: 12
Planning/Public Works
February 13, 1989
Dept:
Dm:
Development Permit Timing
Resolution for ,the Verdemont'Area
Mayor and Council Meeting
March 13, 1989, 2:00 p.m.
Synopsis of Previous Council action:
On February 6, 1989 the Mayor and Council adopted financing strategies
for certain public improvements in the Verdemont Area.
In that February 6, 1989 supporting staff report, it was indicated that
a resolution concerning the timing of permit issuance would be presented
for Council consideration.
Recommended motion:
Adopt. r~~o~~tion.
, '
gn
Roger Hardgrave
Con~~~rwn: Brad L. Kilger, Roger Hardgrave
Supporting da~ attached: Staff Report, Resolution
FUNDING REQUIREMENTS:
Amount:
n/a
Source: (Acct. No.)
(Acct. DescriDtionl
Council No*:
Phone: 384-5057, 384-5025
Ward: n/a
Finance:
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.CiT'Y OF SAN BERNaDINO - REQUEST F~ COUNCIL ACTION
STAFF REPORT
subject: Development Permit Timing Resolution for the
Verdemont Area.
Mayor and Council Meeting of March 13, 1989
On February 6, 1989, the Mayor and Common Council ~dopted
financing strategies for certain public improvements 1n . the
Verdemont Area bounded by Little League Drive on the west,
the alignment of Cable Canyon Creek on the south, Devil's
canyon on the east and the National Forest boundary on the
north. In that February 6, 1989 supporting staff report, it
was indicated that a. resolution concerning the time of
development permit.issuance would be presented for Council
consideration. .
The reason for the adoption of this resolution is the timely
protection of public health and welfare. The Bailey Creek
and Chestnut Avenue storm drain improvements are needed to be
constructed in the Verdemont Area for full protection of the
public prior to any additional development in the affected
Verdemont drainages. The attached policies concerning
implementation timing of these improvements and development
permits reflect this requirement. Interim protection
measures are allowed if those measures are reviewed, approved
and constructed prior to the issuance of permits. .
In addition, policies have been formulated concerning the
requirements for development of the Chestnut Avenue storm.
drain easement, street improvements, and participation in the
assessment district for the construction. of the Palm Avenue
Box Culvert at Cable Creek and the traffic signal at .palm
Avenue and Kendall Drive.
It is recommended that the resolution (Attachment C) concern-
ing the policies outlined in Attachment D be adopted.
Prepared by: John Montgomery, AICP, Principal Planner
for Brad L. Kilger, Director of Planning and
Roger R. Hardgrave, Director of Public Works.
Attachment A February 6, 1989 Community Development Depart-
ment Staff Report
B Interoffice Memo Concerning Chestnut Avenue
Right-of-Way
C Resolution of Adoption
D Verdemont Area Development Permit Policies
mkf/2/13/89
M&CCAGENDA:
DEVPERM!TTRACK
CITY"OF IAN .RrOdIDINOA~HMR.Q".T .. COUNCIL MTION
;
STAFF REPORT
on June 20, 1981, the Mayor and CODOn Council took an action
directift9 the d"'elopaent of a financill9 plan for the con-
atruction of certain public iaprov...nta in the. Verc!aont
Area bounded by Little League Drive on the WMt, the align-
ment of cable canyon Creek on the aouth, Devil'a canyon on
the eaat and the National Forest boundary on the north. The
illlprov..ents included in the Council action are as followa:
1. Palm Avenue Box CUlvert.
2. Bailey canyon Storm Drain and Debris Basin.
3. Chestnut Avenue Storm Drain and Debris Basin.
4. Traffic Siqnal at Palm Avenue and Kendall Drive.
5. Installation of curbs and gutters, along with full width
street improvements at the following locations:
a) Pal. Avenue - from Kendall Drive to Ohio Street.
b) Irvinqt:on Avenue - from Chestnut Avenue to Pine Avenue.
c) Belmont street - from Chestnut Avenue to Pine Avenue,.
d) pine Avenue - from Belmont Avenue to Ohio street.
A timeframe of six (6) months was given for the development
and adoption of said financing plan.
Discussion
OVer the last five and one-half months the vast majority of
staff work, meetings and analysis haa centered around the
Chestnut Avenue storm drain and debris basin, the Bailey
Creek storm drain and debris basin and the construction of
the "New Pine Avenue" extension. Early on in the process, a
staff consensus ,was developed relative to the Palm Avenue box
culvert, the various streets improvements and the traffic
signal at Palm Avenue and Kendall Drive. The proble_,
however, associated with the two storm drains and the "New
Pine" extenaion were more intractable in nature and revolved
around identification of up-front funding for the Chestnut
Avenue storadrain, the acquisition of private property ,by
the state Department of Water Resources, the owner of which
was slated to put in much of the Bailey Creek storm drain,
and the litigation involving the Shadow Hills limited
partnership which affects the "New Pine" extension.
With respect to the Chestnut storm drain, initially the most
effective'and popular proposed solution was an inter fund
transfer between the Sewer Line Construction Fund and the
storm Drain Master Plan Fund. The sewer fund contains
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ZOU9hly 3.5 .1111on dollan, and vith tha .tom dr.in
utl..teeS to coat 1.3 .1111on4011an, it: va. antioipated the
loan to" the .t:om drain fund would not illpaGt: any projeot.
8OheeSul.d in the t-elliat. fUture. Moreover, it va. felt the
loan fro. the ....r fund could be repaid vit.b intare.t in
rive t:o .wen (5-7) ye.n. After initially pa..ing 189al "
review, .taff ya. infomed that .uch a propoaeeS inter fund
tran.fer violateeS Section 53077 of the govarnMnt code, which
apparently explicitly prohibit. .uchtranafan.
About the .... tiM a. the pro.pect. for up-front fUnding for
~e Che.tnut .tom drain d1-.d considerably, .taff va.
infomeeS that the state Depart:llent of Water Ruource. planned
to acquire froa Monnig .Development, Inc., approxillately sixty
.even (67) acre. bounded by VereS_ont Drive on the north,
pine Avenue on the east, Ohio street on the .outh and Olive
Avenue on the west for the construction of a second after bay
at Devil'. Canyon. This turn of events threv into que.tion
~e construction of the Bailey Creek storm drain fro. Walnut
Avenue on the south to Verdemont Drive on the north. Monnig
va. planning to build approximately 215 hoae. andvould have
completed the section of Bailey Creek fro. Walnut to
Verdemont as a condition of development. Two ..etings
conducted with the Department of Water Resource. and the san
Bernardino" Municipal Water Department lead staff to believe
~at these and other ancillary improvements will be completed
by the Department of Water Resources during the construction
phase of the second after bay.
Ona of the major street improvement projects identified for
the area was the construction of "New Pine" Avenue beginning
just south of Irvington and moving southwesterly to Kendall
Drive. "New Pine" was to be put in by the Shadow Hill.
limited partnerShip in connection with the conatruQtion of"
approximately 318 apartment units. Unfortunately, thb
project is connected with the litigation between the City and
the Shadow Hill. limited partnership and will not go forward;
if at all, until the legal issue. have been resolved.
Recommenda~ion..
@1. Palm Avenue Box CUlvert: The estimated "cost of construc-
tion is $636,000*. The recommended method of financing is
through thee.tablishment of an area-wide assessment
district. The design phase is being handled by Monnig
Development, Inc, and i. near completion. It is recom-
mended that the Mayor and Common Council authorize the
Director of Public Works/Ci~ Engineer to proceed with the
formation of an assessment district. .
"~'~ Bailev Creek Storm Drain and Debris Basin: The estimated
~~cost of construction from Walnut north to the upstream
terminus i. $1,300,000*. The State Department of Water
~esources has committed to installing a trapezoidal
concrete-lined storm drain from the center line of Ohio
Street to an area north of Verdemont Drive. The best
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locaUon for tbe debris badn t. north of ftate owecI .
property. b neb, the state b unwi1liD9 to inCur thb
expen.e withou~. further dbcu.ion. The Director of
Public woru ncaMnd. tba~ the state put in the debri.
badn. ..ff b optiabUc about the state financiD9 the .
con.tructlon of the debri. ba.in. Monnig o.velopent,
Inc., will eoaplete the .ection of the channel frea Walnut
Avenue ncrt.r1 to the center line of Ohio Avenue (thi.
.ecUon of the channel au.t be COIIpleted prior to the .
state ccmaenciD9 work on the .ecUon north of Ohio).
Unle.. the City conteaplatu financiD9 the debri. badn,
no financial aadatance b required. COnlficlerable
coordinaUon and con.ul taUon i. required between the
water, Planning and Public Wora Departaenta and stata
Depart:llent of Water Re.ource. for the efficient caapleUon
of this project. A good foundation for these
con.ultation. already exist.. .
Q Chestnut Avenue storm Drain and Debri. Ba.in: The esti- .
\:! mated co.t of con.truction fro. cable Creek to Ohio Avenue
. is $1,370,000.. The reco_ended IIl8thod of financing i. .
through the foraation of an, as.essment di.trict in the
Chestnut .tora drain benefit area. The Planning
Departaent advises that there are 109 exi.tina Iota with
1,721 dw.lling units allowed und.r the RS d..ignation and
107 under Bill.ide Management~ Thi. give. a total of
1,937 (109 exi.ting, 1,828 n.w) which could be a.....ed
annually for r.tiring the bonded indebtedn.... (Billsid.
Manage.ent has be.n calculat.d at one (1) unit per acre
/\ and RS has been calculated at 2.98 unit. per gro.. acre.)
(4 .Jrattic Sianal at Palm Avenue and Kendall: Tbe e.ti_ted
. o.t of construction i. $120,000.. The need forthi.
improvement has not been ..tabli.hed through noraal
traffic .tudie.. As such, Caltran. will not pay ..int.n-
ance co.t. once the .ignal i. con.tructed. Moreover, the
City has DQt collected fee. for this particular iaprove-
ment, whieb i. important inasmuch a. the reco_ended
IIl8thod of financing i. through the foraation of an
a.....m.nt district in conjunction with the Pal. Av.nu.
box culvert. A. with the box culvert, it i. r.co_nded
that all property owner. within the target ar.a be
ass...ed equally the engin..ring and construction cost. ot
the traffic .ignal. Monnig Dev.lopment has substantially
. compl.ted the de.ign phase of this improvem.nt. .
\ ~Full-Width str.et YmDrovements on Palm Avenue troll. Kendall
~'t.o Ohiol.Irvin~on AvanU8 fro. Chestnut: 1:0 Pln.,.Belmon1:
Street. frOll Ch...t.nut. t.o Pine, and pine Avenue f'roa Belmoni:
to Ohio: It is reco_ended that the street improvements
. on Palm, Irvington and Belmont be a standard condition of
developlllent for developers/property owner. possessing laneL.----
in the affected area.. Virtually all of the proposed-----
improvements involve, as yet, undeveloped land. The .
proposed improvements should be a normal requirement of
developlllent.
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.. Ancillarv raft1"ftV__"t.SI '1"be.. !.proveMJlU will be
COftBtructed a. a r_ult of developaent, the DepartMnt of
Water ReBOUrCe8 after bey project and cooperation between
the. Water and eo.aunity Developaent Departaenu. With the
exception of the iaprov...nt. on the ...t .ide of piftB
Avenue fftlIt 8elaont to Obio, all !.provoenu will be
COftBtructe4' at no cost to the city.
street Iaprov...ntsr
a) Garfield street frea Pal. to Olive andBUntington
street froa Verdeaont to Garfield to be financed and
constructed by Monnig Development, Inc.
b) The east side of Palll Avenue frea Obio to Verd..ont to
be financed and constructed by Monnig Developaent, Inc.
c) The north side of Ohio street from olive to Pine to be
financed and constructed by the Department of Water
Resources. . .
!~The east side of pine Avenue froll Belmont to Obio. The
~ Water Department bas agreed to finance the construction
of curb, gutter and sidewalk on Pine frea Bel.ont to
Redwood. In addition, the Director of c~ity
Development bas agreed to recommend to t:!le Mayor and
Common Council CDBG funding for tbeconstruction of
curb, gutter and sidewalk on Pine froll 150 feet north
of Redwood to Obio. The community Developaent portion
of the construction cost is estimated by the Director
of Public Services to be $9,285. Th18 project 18 to be
constructed by an outside contractor.
e) The extension of Pal. Avenue north and northeast to
provide access to private property owners, to be
financed and constructed by the state Department of
Water Resources.
Drainage:
a) As a result of the after bay construction by the state
Departaent of Water Resources, sOlIe 6.5 million cubic
.yards of dirt must be moved south of the proposed after
bay. Water will drain to Ohio street, requiring the
construction of storm drain on Ohio street frea Olive
to Pine and south to the Bailey Creek storm drain. This
improvement will be financed and constructed by the
Department of Water Resources. .
General Comments
Althougb not noted elsewhere in this report, the financing of
the subject improvement. presWlles that where the City has
collected fees for affected improvements, the amounts col-
lected will be pledged to the engineering and construction of
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..i4 iaprovaenb. 'l'bi. woU14 involv. the t... ool1eotec1 tor
the Pal. Avenue box culvert, the ae.tnut and -Ba11ey Creek
.tom drains and the pine Avenue extension.
.
On January 12 lt1t, the Bnvironaental Review coaaitte. '
conddered thI. it.. and iesued a Mote of Bxellption punuant
to section 15262 ot the calitomia Bnvironaental Quality Act.
A notice ot ..ld exeaption vill be tiled subsequent to the
approval by the Kayor and co.on council of . t1nancin9
stratefi for the above referenced public iaproveaenta.
Because the originalaotion adoptad by the Kayor and c~
Council in June, 1988, stipulatad that grading and building
perlllits could be issued after the Mayor and Coaaon Council
adopted a financing and implementation plan, the consensus of
the Development Services Department Heads is that the issues
of timing and permit issuance should be considered at the' ,
February 20, 1989 meeting of the Mayor and COJlllllOn Council. A
report on these i.sue., with appropriate recommendations,
vill be submitted at that time for consideration by the Mayor
and Common Council.
I recommend ,adoption of the form motion.
t~ .
Kenneth J. Henderso
Director of COllllllUllity Development
KJH/lab/2064
*All construction cost estimate. taken frOll City of San
88mardino Capital Improvement Plan (CIP). '
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C I T
r ATTACHMENT 8
y~ F 5 A N B ERN A R D ~ 0
INTEROFFICE MEMORANDUM
8902-2101
TO:
Tom Minor, Fifth Ward Councilman
FROM:
Vivian Ray, Planner II
DATE:
Verdemont Area Plan - Chestnut Avenue Right-of-Way
February 3, 1989
. Brad Kilger, Director of Planning
~hn Montgomery, Principal Planner
Jim Richardson, Deputy City Administrator
Roger Hardgrave, City Engineer
Gene Klatt, Assistant City Engineer
Ken Henderson, Director of Community Development
Henry Empeno, Deputy City Attorney
SUBJECT:
COPIES: .
-------------------------------------------------------------
This memo was prepared to clarify the design of the Chestnut
Right-of-Way storm drain. The Verdemont Area Plan designates
Chestnut Avenue for potential use as both a recreational and
a flood control corridor (Attachment A). This plan was
adopted in 1986. In the discussion of potential hazards, the
Verdemont Area Plan provides for the installation of storm
drains to mitigate the danger of flooding in accordance with
the San Bernardino County Flood Control District's (SBCFCD)
comprehensive Storm Drain Master Plan, No.7 (Attachment B).
In the Flood Control District's plan, Project 7E13 provides
for an underground storm drain to be laid in the Chestnut
right-of-way. The storm drain plan was prepared in 1982.
Based on the hydrology studies prepared at that time, the
pipe was required to be 69" in diameter for the northern
2,700 feet. A 72" pipe was required for. the center 1,400
feet and an 81" pipe for the southern 800 feet. This 4,900
foot storm drain would be required to run from a debris basin.
in the foothills to Cable Creek to the south (Attachment C).
The Verdemont Area Plan states that the mitigation must be
installed with development. It further states that as~ess-
ment districts may be necessary to finance the costly storm
drains and debris basin (Attachment D).
Figure 6 of the Verdemont Area Plan shows the Chestnut right-
of-way designated as an equestrian/hiking trail (Attachment
El. The trails are to be provided as easements and developed
by the property owner/developer as the property develops. The
Chestnut trail would be a regional trail 12 feet wide. A six
foot easement would be required from each of the
.properties abutting the vacated right-of-way.
C-'
INTEROFFICE MEMORANDUM: 8902-2101
Verdemont Area Plan - Chestnut Avenue Right-of-Way
February 3, 1989
Page 2
Development of the tract consists of grading and landscaping,
stabilizationot any slopes, construction ot barriers tor
motorized vehicles and signage. The Verdemont .Area Plan
requires that potential buyers be informed of these require-
ments with Covenants, Conditions and Restrictions prior to
purchase. The property owners .would also be responsible tor
the maintenance of the trail (Attachment Fl.
The recently approved tracts abutting the Chestnut right-of-
way were approved subject to the vacation of the 60 foot
right-of-way. The tracts were conditioned to participate in
the trail development and to comply with all requirements of
the Verdemont Area Plan.
. ~. I
VIVIAN RAY.
Planner II
mkf/attachments
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Improvements to existing streets and construction of new.
streets will be done in accordance with City standards with
the exception of freeways which meet Caltrans standards.
special consideration was also given to the following:
Chestnut Avenue:
i-
Meyers Road:
Meyers Road, west of Little League Drive is, in effect, a
cul-de sac approximately 1.5 miles in length. This creates
an extremely dangerous condition in that residents do not
have a secondary means of access nor an emergency evacuation
route. Conditions are further endangered by the fact that
Meyers Road lies entirely within the High Fire Hazard Zone
and does not have adequate fire flow facilities beyond the
boundaries of the subdivision at Meyers Creek (Tract 11118)
For this reason, the Plan provides for the extension .of
Meyers Road to connect with Cable Canyon Road. Details are
given in the Final Environmental Impact Report.
Frontage Road:
When originally designed and built by Caltrans, Frontage. Road
was intended to only serve a single residence. The Plan now
provides for this street to connect between Little league
Drive and Cable Canyon Road. The existing right-of-way is
not sufficient for a collector street and additional right-
of-way is necessary to provide both paved surface and the
parkways. An additional 10 feet of landscaped parkway is
needed adjacent to the freeway to provide a buffer.
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Fire Hazard:
The foothills in Verdemont are covered with chaparral which'
grows during the spring and early summer and then dries out
in late summer and fall. The dry vegetation presents a fire
hazard especially during Santa Ana wind conditions. The
resulting fires destroy homes, as well as ground cover.
Without vegetation, the ground is more susceptible to erosion
and landslides when the rains begin in winter. Such was the
case with the Panorama fire in 1980 which destroyed over 300
homes and left many'more acres in the foothills bare. The
City has established a High Fire Hazard Zone as shown on
Figure 8. . Structures in this zone have more' stringent
development standards to reduce the threat of fire damage.
The Fno~hil1 Cnmmnni~ipR Prnt~ctiV~ 'Gr~pnh~ltl Pro~ram was
prepared as a joint effort by several fire control agencies
after the Panorama fire. This program, adopted in 1986,
establishes a wildfire protection Overlay Zone with three
subzones of increasing hazard and appropriate development
standards. Figure 9 shows the boundaries of the Foothill
Fire Zones and Section V contains the development standards
included in the study and adopted by the City.
Flood Hazard:
Flooding is one of the most widespread and potentially
devastating of all. natural hazards affecting Verdemont
because so much of the area is subject to. inundation. Devil
Canyon and Cable Creek are the two major flood hazard areas.
Both are under the management of the San Bernardino County
Flood Control District and contain large spreading grounds.
All flood control areas are designated as Open Space on the
Land Use Map (Figure 2) as well as on the Open Space Map
(Figure 13). In order to reduce or eliminate the risk from
flood hazards to new and existin develo ment 1n Verdemont,
t e P an proves or nsta at on 0 storm rains and other
facilities identified in the county's Comprehensive Storm
Drain Master Plan No.7 (Figure 10).
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1JJJ.end
PROPOSED CIlIA'"
___ PROPOSED CIIIAIN II"''' ....._.1
__ EXISTING DPEN'DRAIN
EXlST.NG Cl.OSED DRAIN ,
San Bernardino County
FLOOD CONTROL DISTRICT
Ct' '" ENGINEERING asSOCIATES
........G....., . ...
....("",...... .,,,.,---
_........ Or-.......... ~
COMPREHENSIVE STORM DRAIN PLAN
PROJECT NO. 7-E13
DATI
SCAU
1".1000'
OIAWING NO.
3-82
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~HfS~ "VI
81" R C.P 72" ~.C.P. " C P;
1980 ~ ~25.16 cfs ~ ..f~ 02 = 796IC~~
en Op.79 p.796
1960 ill debri! Basin
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1940 I!; 'Il~
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San Bernardino County
FLOOD CONTROL DISTRICT
CtM ENGlNEEIIWG ASSOCIATES
. . .....0... IMI ' ....
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-... ..... Or-. ... _____ c--.
COMPREHENSIVE STORM DRAIN PLAN
PROJECT NO. 7-E13
DATI
SCALI
Horiz. 1". 1000'
Vert. 1". 40'
DI.WINO NO.
3-82
2 of 3
- -- ----- -
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. , / 'NIT ESTIMATtD
DESCRIPTION QUANTITY UNIT ,At ICE COST
......,".
81" R.C.P. 800 L.F. $ 205.00 $ 164,000
72" R.C.P. 1,400 L.F. 170.00 238,000 .
69" R.C.P. 2,700 L.F. 155;00 418,500
Manholes (Type 2) 6 EA 2,146.00 12,876
Manhole (Type 2) 1 EA 2,294.00 2,294
~~oles (Type 2) 2 EA 2,264.00 4,528
Manhole (Type 2) 1 EA 2,398.00 2,398
Manhole (Type 2) 1 EA 2,486.00 2,486
Pavement Replacement 68,400 S.F. 1.00 68,400
Subtotal $ 913,482
30% Contingency 274,045
T<JrAL PROJECT NO. 7-E13 $ 1,187,527
San Bernardino County.
FLOOD CONTROL DISTRICT
C,'" ENGINEERING ASSOCIATES
ilIIIII . 0. ... .." ""'12
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n. 1_..... c.- s-_____. c.......
COMPREHENSIVE STORM DRAIN PLAN
PROJECT NO. 7 - E13
DATI
OIAWINO NO.
I
3-82
COST ESTIMATt
3 of 3
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Joint-use agreements between the City Parks, Recreation and
Community Services Department and other agencies, such as the
San Bernardino City Unified School District, have worked
successfully in other areas of the City and are recommended
for Verdemont. School buildings can be used for community
meetings and playgrounds can be used by neighborhood children
when such' use does not conflict with normal school
activities.
Glen Helen Regional Park is located west of the Verdemont
area and is accessible from Devore Road. The Park is
approximately 2000 acres in size and contains the Glen Belen
Bowl, a large outdoor amphitheater, a fishing lake, camping
and hiking and equestrian trails. Glen Helen Park is planned
to include facilities such as cycle parks, an international
auto raceway and a rifle/skeet range.
Utilities:
Utility distribution lines for sewer, water, gas,
electricity, telephone and cable television are available in
limited areas in verdemont at present but are built or
extended as development occurs. It will remain the
responsibility of developers to provide these facilities at
the time of development. In this manner, the cost of
providing additional service will be borne by new residents
requiring such service.
Flood Control Facilities:
Several large flood control facilities are found in the
Verdemont area. Devil Canyon and Cable Creek are the' major
flood hazard areas and are under.the management of the San
Bernardino County Flood Control District. The District's
Comprehensive Storm Drain Plan No. 7 outlines types of
improvements necessary and the priority for completion
although very few storm improvements have been constructed to
date. Figure.IO.shows the Storm Drain Plan as it applies to
Verdemont.
The Cit collects storm drain fees and re uires develo ers to
mltl ate flood hazar s on a new eve 0 ment. T e
im rovements var e en in on location an ro'ect. The
ex ense assoclate w1t storm ra1n 1m rovements 1S ver 1 h
an ormatlon of an assessment istrict ma be necessar to
provi e un ng for tbese improvements.
Solid Waste Disposal:
Solid waste disposal is provided by the City of San
Bernardino and wastes are trucked to the Fontana landfill and
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EQUESTRIAN/HIKING TRAILS
Equestrian/hiking trails shall be
provided as delineated on Figure 6.
2. Regional equestrian/hiking trails
shall be a minimum of 12 feet in
width and local equestrian/hiking
trails shall be a minimum of 10 feet
in width. All trails shall be
constructed of natural compacted
materials, decomposed granite or
other similar materials.
F.
1.
3. Equestrian/hiking trails shall be
provided as easements and developed
by the property owners/developer of
the property that a designated trail
crosses. These trails shall be
developed as the property itself
develops.
5-1.' #A5~I-fEN1 WHE"RE
LilTS A8u-r
.p/t.
IO-/~' TOTAL EASEMENT
4. New trails shall connect to existing
trails so that horseback
riders/hikers use paved public
rights-of-way as little as possible.
5. At grade crossings shall be provided
at public rights-of-way.
6. Development of an equestrian/hiking
trail shall consist of grading and
landscaping, stabilization of any
slopes, construction of barriers for
motorized vehicles and signage.
7. Conditions, covenants, and
restrictions shall be provided to
inform potential buyers that an
easement for equestrian/hiking
purposes exists and that the
potential buyer is responsible for
maintenance of that easement.
:.31
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8.
Maintenance shall consist of
periodic clearing of brush, weeds
and trash. The City shall have the
right 'of access for maintenance
purposes if the property owner or
homeowner's association fails to do
so. If the City is required to
maintain an equestrian/hik ing trail,
it shall be at the expense of the
property owner or homeowner's
association.
9. Equestrian/hiking trails shall be
relatively flat and useable.
10. Where a cut into a hillside is
required to provide an
equestrian/hiking trail, the
adjacent slopes shall be reinforced
or planted as per City requirements.
PLA>lTfN4
IUCllAll~
( ",///
11. Motorized vehicles shall not be
permitted on equestrian/hiking
trails. Access shall be restricted
through the use of a structural
barrier at each trail entrance/exit.
Structural barriers shall be
constructed as follows:
sr.,. D'IIIA
" 1C/IoJU,D/'oO "&~
~ . STO. ,,~ rlilU1U6H
, CAIUlIAD riD INTO 6tftIlUND
132
10
11
12
13
14
15
16
17
18
19
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1
RESOLUTION NO.
2 RESOLUTION OF THE CITY OF SAN BERNARDINO REGARDING THE TIME
OF ISSUANCE OF DEVELOPMENT PERMITS IN THE VERDEMONT AREA BASED
3 UPON THE FINANCING STRATEGIES FOR CERTAIN PUBLIC IMPROVEMENTS.
4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
5
SECTION 1. The Mayor and Common Council of San Bernardino,
based upon the Interim POlicy Document and the financing
strategies adopted by the City on February 6, 1989, for certain
6
7
8
9
public improvements in the Verdemont Area, hereby adopts the
"Verdemont Area Development Permit policies", a copy of which is
attached hereto marked Attachment "0" anp incorporated herein by
reference as though fully set forth at length, and which
specifies the time of issuance of development permits in the
Verdemont Area.
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at a
meeting thereof, held on the
day of
, 1989, by the following vote, to wit:
AYES:
Council Members
20
NAYS:
21
ABSENT:
22
23
City Clerk
24
28
HE/dys
February 28, 1989
1
(Attachment "Cn)
3
10
11
12
13
14
15.
16
17
18
19
20
21
22
23
24
25
26
27
28
.~
~ .,."...
RESOWl'ICN . 0 REGARDING THE TIME OF I~ DEVELCI'MENl' PER-lITS
IN THE VERI:1MNl' AREA Bl\SED UPCN THE FINAOCING Sl'RATEGIFS FOR CERl'AIN
PUBLIC IMPRO\1EMEN.l'S.
1
The foregoing resolution is hereby approved this
day
2
of
, 1989.
4
5
Evlyn Wilcox, Mayor
City of San Bernardino
t
6 .Approved as. to
form and Legal ~ontent:
7
8
9
JAMES F. PENMAN,
City Attorney
By:~4J
/ .
HE/dys
February 28, 1989
2
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ATTACHMENT D
Verdemont Area Development Permit Policies
The following policies will be in effect during the
implementation of the financing strategies for the
construction of certain public improvements which were
approved by the Mayor and Council on February 6, 1989, for
that area of the City bounded by Little League Drive on the
west, Cable Canyon Creek on the south, Devil Canyon Creek on
the east and the National Forest boundary on the north.
1. Palm Avenue Box CUlvert at Cable Creek & Traffic
Siana1 at Palm Avenue and Kendall Drive
These two improvements are declared to be public health
arid safety improvements, and are to be financed and
built by an assessment district or other approved
financing plan. A clarification Condition of Approval
for Tentative Tracts 13307, 13530, 13603 and 13619 is
that the developer or any successor in interest to any
portion of the subdivision' shall participate in the
establishment of the assessment district or other
approved financing plan for these projects and shall
sign and record an agreement waiving the right .to
protest the establishment of said district or other
approved financing plan. Any new subdivision proposal
or owner occupied building permit within this assessment
district or benefit area boundary shall be conditioned
in the same manner as the above tracts.
2. Bai1ev Creek Storm Drain and Debris Basin
This\ improvement is declared to be an immediate public
health and safety improvement. Clarification Conditions
of Approval for Tentative Tract 13619 are that grading
and building permits shall not be issued until a
construction contract for this project is awarded: and
that certificates of occupancy shall not be issued until
construction of the project is completed. However, if
_..ad~ate interim on-site and off-site . protection
meas~ from flooding in the Bailey Creek storm
drainage area are approved by the Planning and Public
Works Departments, and the protection measures are not a
significant change to an approved subdivision, as
determined by the Planning and Public Works Directors,
then Grading and Building Permits. and Certificates of
occupancy may be issued after the approved. interim
measures are constructed. The undeveloped section of
. the storm drain south of Ohio Avenue shall be a
Condition of Approval for the development of that area.
Any new subdivision proposal affected by the Bailey
Creek storm drainage, as determined by the Public Works
Department, shall be conditioned in the same manner as
Tentative Tract 13619.
Any owner occupied grading or building permit applica-
tion affected by the Bailey Creek storm drainage, as
determined by the Public Works Department, shall not be
C
Verdemont Area Development Permit Policies
Page 2
~
issued until a construction contract for this project is
awarded I and, the certificate of occupancy for that
parcel shall not be issued until construction of ' this
project is completed. However, if adequate interim on-
site and off-site protection measures from flooding in
the Bailey Creek storm drainage area are approved by the
Planning and Public Works Departments, and the protec-
tion measures are not a significant change to an
approved subdivision, as determined by the Planning and
Public Works Directors, then Grading and Building
Permits and Certificates of Occupancy may be issued
after the approved interim measures are constructed.
3. Chestnut Avenue storm Drain and Debris Basin
(
\
" /)
"-;"-<,-
This improvement is declared to be an immediate public
health and safety improvement. clarification Condition
of Approval for Tentative Tracts 13307, 13530 and 13603
are that the developer shall participate in the
establishment of the assessment district or other
approved financing plan for this project and shall waive
the right to protest the establishment of said district
or other approved financing planl that grading and
building permits shall not be issued until a
construction contract for this project is awarded I and, .
that certificates of occupancy shall not be issued until
construction of this project is completed. However, if
adequate interim on-site and off-site protection
measures from flooding in the Chestnut Avenue storm
drainage area are approved by the Planning and Public
Works Departments, and the protection measures are not .a
significant, change to an approved subdivision, as
determined by the Planning and Public Works Directors,
then Grading and Building Permits and Certificates of
Occupancy may be issued after the approved measures are
constructed.
Any new subdivision proposal within the assessment
district or benefit area boundary for this project shall
be conditioned in the same manner as the above tracts.
Any owner occupied grading or building permit
application within the assessment district or benefit
area boundary shall not be issued until a construction
contract for this project is awarded; and, the
certificate of occupancy for that parcel shall not be
issued until construction of this project is completed.
However,' if adequate interim . on-site and off-site
protection measures'from flooding in the Chestnut Ave~ue
storm drainage area are approved by the Planning and
Public Works Departments, and the protection measures
are not a significant change to an approved subdivision,
as determined by the Planning and Public Works
Directors, then Grading and Building Permits and
certificates of Occupancy~be issued after the
approved interim measures are. constructed.
,-..
""" -....I
Verdemont Area Development Permit Policies
Page 3
4. street IIlIDrovements
All subdivision proposals or owner occupied grading or
building permits shall be conditioned to improve the
perimeter boundary streets with pavement and curb and
gutter on the side(s) adjacent to the development. A
minimum width of 28 feet of paving shall be provided
where deemed necessary by the Department of Public
Works. A clarification Condition of Approval for
Tentative Tracts 13307, 13530, 13603 and 13619 is that
the improvement of the perimeter boundary streets of the
tracts shall be required so that pavement and curb and
gutters are constructed adjacent to the tracts.
2/13/89
MIse: IPDAMEND.PN12
()
1*'''......
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ATTACHMENT D
~~,;.:)
Verdemont Area Development Permit Policies
The following policies will be in effect during the imple-
mentation of the financing strategies for the construction of
certain public improvements which were approved by the Mayor
and Council on February 6, 1989, for that area of the City
bounded by Little League Drive on the west, Cable Canyon Creek
on the south, Devil Canyon Creek on the east and the National
Forest boundary on the north.
1. Palm Avenue Box Culvert at Cable Creek & Traffic
Sianal at Palm Avenue and Kendall Drive
These two improvements ar~ .declared to be public health
and safety improvements, and are to be financed and built
by an assessment district or other approved financing
plan. A clarification Condition of Approval for Tentative
Tracts 13307, 13530, 13603 and 13619 is that the developer
or any successor in interest to any portion of these
subdivisions shall participate in the establishment an
assessment district or 01:her approved financing plan for
these projects and shall sign and record an agreement
which guarantees payment 0': their proportionate share of
these improvements at the time of issuance of~~adi~q aHa
building permits.
Any new subdivision proposal or grading or building permit
application for new resiuential construction within this
assessment district or benefit area boundary shall be
conditioned in the same manner as the above tracts.
2. Bailev Creek storm Drain and Debris Basin
This improvement is declared' to be an immediate public
health and safety improvement. A clarification condition
of Approval of Tentative T~act 13619 is that the developer
or any successor in in':erest to any portion of the
subdivision shall particip~te in the establishment of an
assessment district or o~her approved financing plan for
these projects and shall, sign and record an agreement
which guarantees payment of their proportionate share of
these improvements at the time of issuance of grading and
building permits. other clarification Conditions of
Approval for Tentative Tract 13619 are that grading and
building permits shall not be issued until a construction
contract for this project is awarded; and that final
inspection shall not be made and utilities cleared until
construction of the project is completed. However, if
adequate interim on-site and off-site protection measures
from flooding in the Bailey Creek storm drainage area are
approved by the Public Works Department, and the
protection measures are not a significant change to the
approved subdivision, as determined by the Planning and
;""""'"
Verdemont Area D~elo~ent Permit policies
Page 2
"'.,/
'~
,;
Public works Directors, and if all other legal require-
ments are met, then Grading and Building Permits shall be
issued, and final inspection shall be made and utilities
cleared after the approved interim measures are
constructed.
Any new subdivision proposal or grading or building permit
application for new residential construction affected by
the Bailey Creek storm drainage, as determined by the
Public Works Department, shall be conditioned in the same
manner as Tentative Tract 13619. The construction of the
undeveloped section of the storm drain south of Ohio
Avenue shall be a Condition of Approval for the
development of the area.
3. Chestnut Avenue storm Drain and Debris Basin
This improvement is declared to be an immediate public
health and safety improvement. A clarification Condition
of Approval for Tentative Tracts 13307, 13530, and 13603
is that the developer or any successor in interest to any
portion of these subdivisions shall participate in the
establishment of an assessment district or other approved
financing plan for these projects and shall sign and
record an agreement which gurantees payment of their
proportionate share of these improvements at the time of
issuance of grading and building permits. Other clari-
fication Conditions of Approval for Tentative Tracts
13307, 13530 and 13603 are that grading and building
permits shall not be issued until a construction contract
for this project is awarded; and, that final inspection
shall not be made and utilities cleared until construction
of this project is completed. However, if adequate
interim on site and off-site protection measures from
flooding in the Chestnut Avenue storm drainage area are
approved by the Public Works Department, and the
protection measures are not a significant change to the
approved subdivision, as determined by the Planning and
Public Works Directors, and if all other legal require-
ments are met, then Grading and Building Permits shall be
issued, and final inspection shall be made and utilities
cleared after the approved measures are constructed.
Any new subdivision proposal or grading or building permit
application for new residential construction within the
assessment district or benefit area boundary for this
project shall be conditioned in the same manner as the
above tracts.
~. 1''''',",
Verdemont Area D~lo~ent Permit Policies
Page 3
"'./
4. street Imorovements
All subdivision proposals and all grading or building
permit applications shall be conditioned to improve the
perimeter boundary streets of the subdivision or lot with
pavement and curb and gutter. A minimum width of 28 feet
of paving shall be provided where deemed necessary by the
Department of Public Works. Waivers of this requirement
may only be granted by action of the Mayor and Common
Council.
4/13/89
MISC:VERDPOLICIES
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Southwest Builders, Inc.
445 S. Arrowhead Ave., Suite B, San Bernardino. CA 92408 (714) 885.;)535
Apri I 14, 1989
Shauna Ciark
City Clerk
City of San Bernardino
300 North 'D' Street
City of San Bernardino, CA 92418
RE: Verdemont Area Development Permit Policies
Dear Ms Clark:
On February .6, 1989, the Mayor and Council approved the Verdemont
finance strategy for the construction of certain Public Improvements known as
Palm Avenue Box Culvert and Traffic Signal at Palm Avenue and Kendall Drive,
Bailey Creek Storm Drain and Debris Basin and Chestnut Avenue Storm Drain and
Debris Basin. 'Attachment D, Verdemont Area Development Permit Policies',
attached hereto, as prepared by the Planning Department, appears to be an
attempt at clarifying how Permits are obtained. After carefully reading the
policy, I feei the policy Is unclear regarding conditions necessary to Issue
permi ts.
According to 'Attachment D, Verdemont Area Development Permit Policies'
Planning Staff has concerns that we will make significant design changes in
Tentative Tract maps during the final engineering. Planning assumes design
changes might be necessary to mitigate interim on-site and off-site
protection which would allow the final designed tract map to protect itself.
Current policy makes it clear that all developments must protect themselves
from hazards such as flooding, wind, fire, etc. and these concerns are
mitigated during the planning review process.
The lead department for all Development applications in the City of San
Bernardino is the Planning Department. The Planning Department reviews every
Development Application including our Tentative Tract Map. Included in the
development review proess, are written comments from City Departments,
including Building and Safety, Parks & Recreation, Water, Fire and
Engineering. After all departments submit their written comments to Planning,
the Planning Department then prepares a written report and recommendation for
denial or approval. This report is then presented to the Environmental
Review Committee (ERC). During the hearing, the Environmental Review
Committee, which includes representation from the Engineering Department,
makes recommendations and/or votes for denial or approval of the project. At
this point the development project is forwarded to the Planning Commission
along with a recommendation for approval from Planning and ERC.
/0
C 0
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I'Ipr! I 14. 1989
RE: Verdemont I'Irea Development Permit Policies
Page: 2
I can assure you. during all of the processing and reviewing, staff
makes recommendations and design changes, addressing public safety Issues
such as Chestnut Storm Drain & Palm I'Ivenue Box Culvert. Our Tentative Tract
Map as presented to the Planning Commission and City Council for final
approval has incorporated all recommendations and design changes as requested
by staff. To reassure Planning Staff NO changes have occured in our Tract
Map, I will be more than happy to provide the Planning Director with a copy
of our Tract Map which Is now in plan check with Public Works and Engineering
On more than one occasion, I have stated my Willingness to participate
in the Verdemont financing strategy by written agreement to pay our fair
share of fees as required for the construction of Chestnut Storm Drain &
Debris Basin and Palm I'Ivenue Box Culvert and Traffic Signal. What we are not
willing to do. is agree to recondition our Tentative Tract Map with UNCLEI'IR
conditions requiring us to participate without guarantees or agreements
which include CLEI'IR CUT conditions for issuance of Grading Permits. Building
Permits. Certificates of Occupancy and instructions to all staff personnel to
continue processing without delays due to confusion over the Verdemont
Financing strategy.
When the Engineering Department has established the cost of the above
improvements and a fee schedule is approved, we will be the first to
participate. If for any reason a fee schedule is not adopted by the Council
prior to our completion of final engineering and issuance of permits as
described above. we will sign an agreement to payor bond an approved interim
fee prior to issuance of Certificate of Occupancy.
1'111 of us would like to bring the Verdemont Financing Strategy to a
conclusion. I feel from the beginning we have always lived up to our part of
the agreement, In exchange we request your continued support in our effort to
reach an equitable agreement.
Sincerely,
~ f)Lv/J'C-~..
John Edwins
,,-.. I"""'.
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."'~"...
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ATTACHMENT D
4/13/89
Verdemont Area Development Permit policies
The following policies will be in effect during the imple-
mentation of the financing strategies for the construction of
certain public improvements which were approved by the Mayor
and council on February 6, 1989, for that area of the city
bounded by Little League Drive on the west, Cable Canyon Creek
on the south, Devil Canyon Creek on the east and the National
Forest boundary on the north.
1. Palm Avenue Box Culvert at Cable Creek & Traffic
Sianal at Palm Avenue and Kendall Drive
These two improvements are declared to be public health
and safety improvements, and are to be financed and built
by an assessment district or other approved financing
plan. A clarification Condition of Approval for Tentative
Tracts 13307, 13530, 13603 and 13619 is that the developer
or any successor in interest to any portion of these
subdivisions shall participate in the establishment an
assessment district or other approved financing plan for
these projects and shall sign and record an agreement
which guarantees payment of their proportionate share of
these improvements.
Any new subdivision proposal or grading or building permit
application for new residential construction within this
assessment district or benefit area boundary shall be
conditioned in the same manner as the above tracts.
2. Bailev Creek storm Drain and Debris Basin
This improvement is declared to be an immediate public
health and safety improvement. A clarification condition
of Approval of Tentative Tract 13619 is that the developer
or any successor in interest to any portion of the
subdivision shall participate in the establishment of an
assessment district or other approved financing plan for
these projects and shall sign and record an agreement
which guarantees payment of their proportionate share of
these improvements. other clarification Conditions of
Approval for Tentative Tract 13619 are that grading and
building permits shall not be issued until a construction
contract for this project is awarded; and that
Certificates of Occupancy shall not be issued until
construction of the project is completed. However, if
adequate interim on-site and off-site protection measures
from flooding in the Bailey Creek storm drainage area are
approved by the Public Works Department, and the
protection measures are not a significant change to the
approved subdivision, as determined by the Planning and
Public Works Directors, then Grading and Building Permits
may be issued, and certificates of Occupancy maybe issued
after the approved interim measures are constructed.
,
Verdemont Area ()ve~ent Permit policie<:) :)
Page 2
Any new subdivision proposal or grading or building permit
application for new residential construction affected by
the Bailey Creek storm drainage, as determined by the
Public Works Department, shall be conditioned in the same
manner as Tentative Tract 13619. The construction of the
undeveloped section of the storm drain south of ohio
Avenue shall be a Condition of Approval for the
development of the area.
3. Chestnut Avenue storm Drain and Debris Basin
This improvement is declared to be an immediate public
health and safety improvement. A clarification Condition
of Approval for Tentative Tracts 13307, 13530, and 13603
is that the developer or any successor in interest to any
portion of these subdivisions shall participate in the
establishment of an assessment district or other approved
financing plan for these projects and shall sign and
record an agreement which gurantees payment of their
proportionate share of these improvements. Other
clarification conditions of Approval for Tentative Tracts
13307, 13530 and 13603 are that grading and building
permits shall not be issued until a construction contract
for this project is awarded; and, that certificates of
occupancy shall not be issued until construction of this
project is completed. However, if adequate interim on
site and off-site protection measures from flooding in the
Chestnut Avenue storm drainage area are approved by the
Public Works Department, and the protection measures are
not a significant change to the approved subdivision, as
determined by the Planning and Public Works Directors,
then Grading and Building Permits may be issued, and
Certificates of Occupancy may be issued after the approved
measures are constructed.
Any new subdivision proposal or grading or building permit
application for new residential construction within the
assessment district or benefit area boundary for this
project shall be conditioned in the same manner as the
above tracts.
. .
Verdemont Area ~ve~ment permit POlicie&~
Page 3
~
4. street Imorovements
All SUbdivision proposals and all grading or building
permit applications shall be conditioned to improve the
perimeter boundary streets of the SUbdivision or lot with
pavement and curb and gutter. A minimum width of 28 feet
of paving shall be provided where deemed necessary by the
Department of Public Works. Waivers of this requirement
may only be granted by action of the Mayor and Common
Council.
4/13/89
MISC:VERDPOLICIES