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HomeMy WebLinkAbout35-Planning and Building - . . . "CITY OF SAN BECARDINO - ~ REQUES'OOR COUNCIL ACTION From: " . Al Boughey, Director Subject: Development Agreement for the Gatlin/Doerken Developments (Wal-z.tart) z.tayor and Common Council z.teeting November 4, 1991 Dept: Planning & Building Services Date: October 28, 1991 Synopsis of Previous Council action: None Recommended motion: That the hearing be closed and the resolution be adopted. Contact person: Al Phone: 5357 Supporting data attached: Staff FUNDING REQUIREMENTS: evelo ment Ward: Agreement & Resolution Amount: N/A 4 Source: (Acct, No.) (Acct, DescriDtionl Finance: Council Notes: 75.0262 Agenda Item No ' ')) - - o o Subject: Development Agreement No. 90-02 Mayor and Common Council Meeting of November 4, 1991 REQUEST The applicant requests the approval of Development Agreement No. 91-02 under the authority of Article 2.5, Section 65864 of California Government Code, to govern the development of a 310,283+ square foot multi-tenant retail shopping center located on 31.05 acres on the north side of Highland Avenue, at the termination of Boulder Avenue, approximately 400 feet east of Denair Avenue in the CG-1, Commercial General land use designation. CALIFORNIA ENVIRONMENTAL QUALITY ACT Staff prepared and presented an Initial Study that addressed the proposed shopping center, parcel map and development agreement to the Environmental Review Committee (ERC) on August 29, 1991. A Mitigated Negative Declaration was proposed. The action was published and the Initial Study was made available for public review and comment from september 5, 1991 to September 25, 1991. No comments were received. A Mitigation Monitoring and Reporting Program has been prepared and was adopted for Parcel Map 13892 and Conditional Use Permit No. 91-26. The program will be included as Exhibit "F" in the Development Agreement. BACKGROUND On November 5, 1991, the Mayor and Council adopted Resolution No. 90-453, authorizing the execution of an agreement with the applicant relating to the commercial development of the intersection of Highland Avenue and Boulder Avenue. The agreement was executed on November 21, 1990. This agreement specifies the provisions for the commercial development of the Highland-Boulder property. Five applications have been submitted to the City to establish a large multi-tenant shopping center on 31.05 acres on the north side of Highland Avenue at the termination of Boulder Avenue. General Plan Amendment No. 91-05, a request to realign the proposed Piedmont Drive in the Circulation Element of the General Plan, and Parcel Map No. 13892, a request to establish the final lot configurations for the commercial shopping center and adjust the Residential Medium/Commercial General land use boundary traversing the northern portion of the site, were approved by the Planning Commission on October 8, 1991 (The Conditions of Approval and standard Requirements for the parcel map will be included in the Development Agreement as Exhibit "D".) Conditional Use Permit No. 91-26, a request to construct the shopping center, which includes 310,283+ square feet of retail space and four 4,500 square foot restaurants, and Variance No. 91-16, a request to vary the Development Code sign criteria ~ . o o Development Agreement No. 91-02 Kayor and Common Council Meeting of November 4, 1991 Page 3 governing the shopping center (The Conditions of Approval and Standard Requirements for both applications viII be included in the Development Agreement as Exhibits "B" and "C" respectively) vere approved by the Planning Commission on October 29, 1991. Development Agreement No. 91-02 viII govern the development of the property under General Plan Amendment No. 91-05, Parcel Map No. 13892, Conditional Use Permit No. 91-26, and Variance No. 91- 16. ANALYSIS Staff has reviewed the "A"). staff recommends follows: Draft Development Agreement (Attachment changes to the development agreement as Page 2 -- Operative Provisions Item 12(e) -- Insert Lot Line Adjustment No. and approval date in the text. Lot Line Adjustment application was Lot Line Adjustment No. 91-23, and was approved on August 15, 1991. Item 12(f) -- Insert the approval date for Parcel Map No. 13892. Approval date was October 8, 1991. Item .1 -- Term -- Thirty (30) years is too long a period for the agreement to run. The term should be reduced to five (5) years. This item should be revised to read as follows: "Unless earlier terminated as provided in this Agreement, this Agreement will commence on the Effective Date and will continue until the earlier of (a) 5 years from the Effective Date or (b) until the improvements which are developed on the Highland-Boulder Property as provided in this Agreement, no longer exist." page 7 -- paragraph 8(a) -- "Dedicated Street No.2", as referred to in this paragraph and Exhibit "A", is the Piedmont Realignment. This street will provide access not just to the Highland-Boulder property, but to Piedmont Avenue to the north of the Highland- Boulder property as well. The last sentence in the paragraph vould allow the developer, at his request, to convert the Piedmont Realignment to a private street. The last sentence should therefore, be revised to read: "At the Developer's request, with the exception of 'Dedicated street No.2', the above-mentioned streets may be established and maintained as private streets." - o o " . Development Agreement No. 91-02 Mayor and Common Council Meeting of November 4, 1991 Page 4 Page 8 Paragraph 9 -- Wherever "Director of Public Works" or "Public Works Department" appears in this paragraph, it should be deleted and replaced with "Director of Planning and Building Services" and "Department of Planning and Building Services." PLANNING COMMISSION RECOMMENDATION The proposed Development Agreement was considered by the Planning Commission at a noticed public hearing on October 29, 1991. After staff presentation and discussion, the Planning Commission recommended adoption of the Mitigated Negative Declaration, approval of the Mitigation Monitoring/Reporting Program and approval of Development Agreement No. 91-02. MAYOR AND COMMON COUNCIL OPTIONS 1. The Mayor Agreement report. and Common Council may approve Development 91-02 as proposed, based on the findings in this 2. The Mayor and Common Council may conditionally approve Development Agreement No. 91-02. 3. The Mayor and Common council may deny Development Agreement No. 91-02. Staff recommends that the Mayor and Common Council attached resolution, which adopts the Mitigated Declaration, approves the Mitigation Monitoring and Program, and approves Development Agreement No. 91-02. adopt the Negative Reporting prepared by: Michael R. Finn, Associate Planner for Al Boughey, Director Planning and Building Services o o - . Development Agreement No. 91-02 Hayor and Common Council Heeting of November 4, 1991 Page 5 Attachment 1 - Resolution Attachment A - Development Agreement Exhibit A - Highland Boulder Property Hap Exhibit B - Conditional Use Permit No. 91-26 Conditions of Approval and Standard Requirements Exhibit C - Lot Line Adjustment No. 91-23 Conditions of Approval and Standard Requirements Exhibit D - Parcel Hap 13892 Conditions of Approval and Standard Requirements Exhibit E - Variance No. 91-16 Conditions of Approval and Standard Requirements Exhibit F - H1tigation Honitoring and Reporting Program Exhibit G - Certificate of Compliance Attachment 2 - Location Hap Attachment 3 - Initial Study 8 9 10 11 12 13 14 15 16 17 18 19 - QSolution No. o 1 2 3 4 5 . RESOWTION OF THE CITY OF SAN BERNARDINO ADOPTING THE NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND ADOPTING THE MITIGATION MONITORING PROGRAM AND AUTHORIZING THE EXECUTION OF DEVELOPMENT AGREEMENT NO. 91-02 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS; SECTION 1. The Mayor is hereby authorized and directed 6 to execute on behalf of said City, Development Agreement No. 7 91-02. SECTION 2. The authorization to execute the above referenced agreement is rescinded if the parties to the agreement fail to execute it within sixty (60) days of the passage of this resolution. SECTION 3. Recitals (a) Development Agreement No. 91-02 was considered by the Planning Commission on October 29, 1991 after a noticed public hearing, and the Planning Commission's recommendation of approval has been considered by the Mayor and Common Council. (b) An Initial Study was prepared on August 29, 1991 and reviewed by the Environmental Review Committee and the 20 Planning commission who both determined that Development 21 Agreement No. 91-02 would not have a significant effect on 22 the environment and therefore, recommended that a Negative 23 Declaration be adopted. 24 (c) The proposed Negative Declaration received a 21 day 25 public review period from September 5, 1991 through September 26 25, 1991 and all comments relative thereto have been reviewed 27 by the Planning Commission and the Mayor and Common Council 28 IIII 1 ~ o o 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 in compli~ce with the California Environmental Quality Act (CEQA) and local regulations. (d) The proposed Mitigation Monitoring Program was reviewed by the Planning Commission and Mayor and Common Council in compliance with the california Environmental Quality Act (CEQA) and logal regulations. (e) The Mayor and Common Council held a noticed public hearing and fully reviewed and considered proposed Development Agreement No. 91-02 and the Planning Division staff report on November 4, 1991. (f) The adoption of Development Agreement No. 91-02 is deemed in the interest of the orderly development of the City and is consistent with the goals, objectives and policies of the existing General Plan. SECTION 4. Neaative Declaration NOW, THEREFORE BE IT RESOLVED, FOUND AND DETERMINED by the Mayor and Common Council that the proposed Development Agreement will have no significant effect on the environment, and the Negative Declaration heretofore prepared by the Environmental Review Committee as to the effect of this proposed Agreement is hereby ratified, affirmed and adopted. SECTION S. Mitiaation Monitorina proaram BE IT FURTHER RESOLVED by the Mayor and Common council that the Mitigation Monitoring Program is hereby ratifed, affirmed and adopted. IIII IIII IIII IIII 2 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 o o 1, SECTION 6. Findinas BE IT FURTHER RESOLVED by the Mayor and Common Council of the city of San Bernardino that: A. The proposed Development Agreement is not in conflict with the goals, objectives and policies of the General Plan. The proposed Development Agreement is consistent with the Development Code. The proposed Agreement will promote the welfare and public interest of the city. SECTION 7. Aareement BE IT FURTHER RESOLVED by the Mayor and Common Council that: A. B. C. B. Development Agreement No. 91-02 will govern the development of the GatlinjDoerken Developments as specifically described in the Development Agreement labeled Attachment 1, a copy of which is attached and incorporated herein by reference. Development Agreement No. 91-02 shall be immediately upon adoption and resolution. execution effective of this SECTION 8. Notice of Determination The Planning Division is hereby directed to file a Notice of Determination with the County Clerk of the County of San Bernardino certifying the city's compliance with CEQA in preparing the Negative Declaration. IIII IIII 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 27 28 o o '. . SECTION 9. Recordation The developer shall record the Development Agreement in the Office of the County Recorder no later than ten (10) days after it is executed by the parties. IIII 1111 1111 1111 1111 1111 1111 1111 1111 1111 1111 1111 1111 1111 1111 1111 1111 1111 1111 1111 1111 1111 1111 1111 4 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 L - RESOLUTIOJC).AUTHORIZING AGREMEENTNO. 91-02 EXEaOON DEVELOPMENT THE OF 1 2 I HEREBY CERTIFY that the foregoing resolution was duly 3 adopted by the Mayor and Common Council of the City of San 4 Bernardino at a 5 day of 6 wit: meeting therefore, held on the , 1991, by the following vote , to 7 Council Members: 8 ESTRADA AIM ~ ABSTAIN ABSENT REILLY HERNANDEZ MAUDSLEY MINOR POPE-LUDLAM MILLER day of City Clerk The foregoing resolution is hereby approved this , 1991. W.R. Holcomb, Mayor city of San Bernardino Approved at to form and legal content: JAMES F PENMAN, City /r-ttorneY!J By: A' '7, Ie."............. 5 , . o o .. . RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: Mark A. Ostoich, Esq. GRESHAM, VARNER, SAVAGE, NOLAN & TILDEN 600 N; Arrowhead Avenue Suite 300 San Bernardino, CA 92401 DEVELOPMENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND GATLINIDOERKEN DEVELOPMENTS EFFECTIVE: ,19_ fuj' . JIlL . o o TABLE OF CONTENTS RECITALS......... ................ ......... .......... ........ .......................... .... ..... ...1 ()I?~~ I?Fl()"ISI()~S .....................................................................2 1. . Term.......... ...................... .... ............ ................ ....................... ..2 2. Flestrictions on Development and Operation...........................................2 3. I>evelopment and <>!>eration .............................................................2 4. I>evelopment Impact Fees. ....... .......... ....... ............................ ......... ..3 5. ~blic ImpI1)vements......................................................................4 6. Third I?arty I?ermits and Approvals and Utilities .....................................6 7. I>evelopment Schedule............................... .....................................6 8. Other Matters .................................... .......................................... 7 9. I>eveloper Compliance and Flelease..................................................... 8 10. I>efault by I>eveloper ............................... .............................. ........8 11. I>efault by City ............................................................................8 12. I?ermitted I>elays ....... ............... .................................................... 8 13. Indemnification ..... ....... ................. ...............................................9 14. Superseding State or Federal Law ......................................................9 15. Condemnation............ ................. ......... ...................................... 10 16. Successors and Assigns ............... ............ ....................................... 10 17. Equitable Servitudes ....... ............. .......................... ...................... 10 18. Negation of Agency Joint "enture or l?artnership .................................. 10 19. Notices and Other Communications .................................................. 10 20. !:stoppel Certificates .................................................................... II 21. Applicable Law............................... ...... ............ ............. ............ 11 22. "enue ..................................................................................... 11 23. Attorneys' Fees.......................................................................... 11 24. l?aragraph Headings........... .....:... ................................................. 11 i ~",'~-'- ~ o o 25. Construction..... .... ......... .... ................ .......... ......... ..... ... ..... ........ 12 26. Survival.... .......... ................ ........................... .............. ............ 12 2Jr. CalenCblr l?eriCN1s......................................................................... 12 28. . Severability...... ................. .................. ....... ............ ................... 12 29. Further Actions..................... ..................................................... 12 30. Covenant of GoCN1 Faith ................................................................ 12 31. CO\U1teIJNlItS.............................................................................. 12 32. Incorporation of Recitals ..... ............. ........... ....... ........................... 12 33. Exhibits.............. ..................................................................... 13 34. Amendment........................... .................................................... 13 35. Recordation........................... .................................................... 13 TABLE OF EXHmITS Exhibit" A " Highland-Boulder I?roperty Exhibit "B" Conditional Use I?ermit Conditions of Approval Lot Line Adjustment Conditions of Approval l?arcel Map Conditions of Approval Variance Conditions of Approval Mitigation Monitoring I?rogram Certificate of Compliance Exhibit "C" ~':;;> o o DEVELOPMENT AGREEMENT This Development Agreement ("Agreement") is entered into effective , 19_, between the City Of San Bernardino, a municipal corporation, ("City") and GatlinlDoerken Developments, a California general partnership ("Developer"). RECITALS A. The City is authorized by its Municipal Code ("Municipal Code") to enter into binding development agreements for the development of real property in its municipal limits, with persons who have legal or equitable interests in that real property. B. The Developer has entered into an agreement to purchase approximately 24.27 acres of real pro~ in the municipal limits of the City, which is depicted and more particularly described m Exhibit" A", and also has the option to purchase approximately 5.93 acres of additional, contiguous real property (collectively, "Highland-Boulder Property"). C. The Developer intends to use its reasonable best efforts to develop the Highland-Boulder Property as a quality shopping center, which will contain stores, shops and restaurants and such additional improvements as the Developer may determine ("Shopping Center"). The Developer also intends to use its reasonable best efforts to locate a Wal-Mart Department Store, as a primary anchor store, on an approximately 14.41 acre parcel of the Highland-Boulder Property ("Wal-Mart Site") and a Mervyn's Department Store or other similar user, as a secondary anchor store, on an approximately 6.66 acre parcel of the Highland-Boulder Property ("Secondary Anchor Site"). The Developer also intends to use its reasonable best efforts to locate restaurants and other businesses on the remaining parcels of the Highland-Boulder Property ("Free Standing Sites"). D. On November 21, 1990, the Developer and the City entered into an agreement with respect to their mutual intent to enter into this Agreement. E. The Developer has applied to the City for approval of this Agreement and the Planning Commission and the City Council have conducted public hearings with respect to this Agreement and have found that the provisions of this Agreement are consistent with the City's General Plan ("General Plan"). On November 4, 1991, the City Council adopted Resolution No. which enacted this Agreement ("Enacting Resolution") and the Enacting Resolution became effective on the date of its adoption ("Effective Date"). F. By adopting the Enacting Resolution, the City Council has elected to exercise certain governmental powers at the present time rather than deferring those actions until an undetermined future date and has done so intending to bind the City and future City Councils and intending to limit the City's future exercise of certain governmental powers. This Agreement has undergone extensive review by the City, the Planning Commission and the City Council and has been found to be fair, just and reasonable and in the best interests of the citizens of the City and the public health, safety and welfare. IN CONSIDERA nON of the mutual covenants and conditions which are provided in this Agreement, the parties agree as follows: 1 DwAp.\lo.'I\G1164O!f ---=-,,"'..... ,- , o o OPERATIVE PROVISIONS; 1. Imn. Unless earlier terminated as provided in this Agreement, this Agreement will commence on the Effective Date and will continue until the earlier of (a) 30 years from the Effective Date or (b) until the improvements which are developed on the Highland-Boulder Property as provided in this Agreement, no longer exist. 2. Restrictions on DeveloJ)ment and Ooeration. Except as otherwise provided in this Agreement, the development and operation of the Highland-Boulder Property including, without limitation, the density and intensity of use, the maximum height and size of buildings, building setback requirements, parking requirements, landscaping requirements, loading zone requirements and provisions for reservation or dedication of land for public purposes, will be governed by the following, as they exist on the Effective Date: (a) Land Use Designation CG-I (General Commercial) of the General Plan. (b) Those parts of Title 19 of the Municipal Code which relate to CG-I (General Commercial) land use districts. . 1991. (c) General Plan Amendment No. 91-05, which was adopted on October 8, (d) Conditional Use Permit No. 91-26, which was issued on October 29, 1991, including the conditions of approval and standard requirements which are set forth in Exhibit "B". (e) Lot Line Adjustment No. 91-23, which was approved on August IS, 1991, including the conditions of approval and standard requirements which are set forth in Exhibit "Co. (f) Parcel Map 13892, which was approved on October 8, 1991, including the conditions of approval and standard requirements which are set forth in Exhibit "D". (g) Variance No. 91-16 (from Development. Code Section 19.22.150), which was approved on October 29, 1991, including the conditions of approval and standard requirements which are set forth in Exhibit "E". (h) Except with respect to Development Impact Fees, as provided in paragraph 4., and public improvements, as provided in paragraph 5., any aspect of the development of the Highland-Boulder Property which has not been approved by the City as of the Effective Date, will be subject to the City's reasonable review and approval under its ordinances, resolutions, rules and regulations, as they exist from time to time. All of the foregoing will sometimes hereafter be referred to collectively as the "Development Criteria". 3. Develooment and Operation. (a) The Developer will have the vested right to develop and operate the Highland-Boulder Property in accordance with the Development Criteria and this Agreement, without regard to future ordinances, resolutions, rules, regulations and policies of the City. 2 Dw~\lo.JI\GI'" o o " . (b) On the request of the Developer from time to time and on payment of the Cio/'s usual and customary processing fees and charges, in amounts which are determined accordmg to the City's then effective ordinances and resolutions, the City will accept applications for and process on a priority basis in compliance with the Development Criteria and this Agreement, any land use approvals, building permits, certificates of occupancy and other permits and approvals which may be ~<lIry for the development or operation of the Highland-Boulder Property. Without limiting the effect of the foregoing, the City will notify the Developer in writing of any proposed conditions of the City's approval of any request by the Developer, at least 10 days before the earlier of (i) the date that any request by the Developer IS scheduled for hearing or (ii) the date on which the City otherwise intends to take action on any request by the Developer. In addition, the City will inspect all construction on the Highland-Boulder Property on a priority basis. (c) Without limiting the effect of any other provision of this Paragraph 3. and notwithstanding the City's approval of the lot line adjustment which is referred to in subparagraph 2.(e), the parties acknowledge that the requirements of Wal-Mart or the developers of the Secondary Anchor Site or Free Standing Sites, for site si,ze and configuration, may change and that, in order to accommodate those requirements, it may be necessary to change the configuration or size of the Wal-Mart Site, the Secondary Anchor Site or the Free Standing Sites, on an expedited basis. On the Developer's request, the City will accept applications for and process on a priority basis in compliance with the Development Criteria and this Agreement, any subdivision or lot line adjustment which may be necessary to change the size or configuration of the Wal-Mart Site, the Secondary Anchor Site or any of the Free Standing Sites. 4. Development Impact Fees. (a) Without limiting any credits which may be available to the Developer as provided in subparagraph 4.(d), the Developer will be required to pay only the following development impact fees or development linkage fees (collectively, "Development Impact Fees"), in connection with its development or operation of the Highland-Boulder Property: (i) Storm drain fee: Calculated in accordance with the applicable ordinance or resolution of the City, but in no event greater than $138,476. (ii) Sewer capacity fee: Calculated in accordance with the applicable ordinance or resolution of the City, but in no event greater than $86,390. (iii) Cultural development fee: Calculated in accordance with the applicable ordinance or resolution of the City, but in no event greater than $73,937. (iv) Traffic systems fee: Calculated in accordance with the applicable ordinance or resolution of the City, but in no event greater than $250,000. The foregoing Development Impact Fees are based on the development of the Highland-Boulder Property with a Shopping Center containing approximately 313,000 leasable square feet of stores, shops and restaurants, including an approximately 125,000 square foot Wal-Mart Store which is designed to expand to approximately 155,000 square feet. If the actual number of leasable square feet in the Shoppmg Center exceeds the foregoing by more than 10% (i.e. the Shopping Center contains more than 344,300 leasable square feet), then the foregoing maximum storm drain fee, sewer capacity fee, cultural development fee and traffic 3 Dw~\Io.]I\GJI6olm H~~ ~ o o systems fee will increase by a fraction, the nUmel3.tor of which is the number by which the actual1easable square feet of the Shopping Center exceeds 344,300 leasable square feet and the denominator of which is 344,300. (b) With respect to each building which is developed on the Highland- Boulder Property, the Developer will have the right to elect to pay the Development Impact Fees (i) 1/3 at the time provided in the applicable ordinance or resolution of the City, (ii) 1/3 at the time that the City issues a Certificate of Occupancy for that building, plus simple interest on that amount at the rate of 9% per annum, from the date of the payment in clause (i), and (ill) 1/3 on the 1st anniversary of the date that the City issues a Certificate of Occupancy for that building, plus simple interest on that amount at the rate of 9% per annum, from the date of the payment in clause (i). (c) The City represents that, except for the foregoing Development Impact Fees, there are no other development impact fees, development linkage fees, assessments or other fees which will be levied by the Ci~ in connection with the development or operation of the Highland-Boulder Property and the City further represents that it will not impose any new development impact fees, development linkage fees, assessments or other fees in substitution of any of the foregoing Development Impact Fees in connection with the development or operation of the Highland-Boulder Property. However, nothing in this paragraph 4. will be deemed to exempt the Developer from paying the City's usual and customary processing fees and charges, as provided in subparagraph 3.(b), or any fees which are required to be paid to public agencies other than the City (e.g. sewer connection fees levied by the East Valley Water District or school facilities fees), with respect to the development or operation of the Highland- Boulder Property. (d) The parties acknowledge that the ordinances or resolutions of the City may entitle the Developer to credits against the foregoing Development Impact Fees as a result of the Developer's construction of qualifying public improvements, and the parties agree that nothing in this paragraph 4. will be deemed to prohibit the Developer from obtaining those credits, if the Developer otherwise qualifies for the same. 5. Public Imnrovements. The City will, at its sole .:ost, accelerate its planned installation of the following Highland Avenue improvements, (collectively, "Highland Avenue Improvements") in accordance with plans and specifications which have been approved by the California Department of Transportation ("CalTrans") for the Department of Transportation State Highway Project, Route 30, City of San Bernardino (CU08201, EAI57901) ("State Highway ProJect"), as supplemented and modified by the recommendations in the Traffic Impact Study, Site Specific, Wal-Mart Shopping Center, San Bernardino, California, dated October, 1990 (Revised January 14, 1991) which was prepared by Linscott, Law and Greenspan of Costa Mesa, California, using so-called "gas tax" funds or other funds which have been appropriated for that purpose, or will cause the Economic Development Agency of the City to do the same: (a) Highland Avenue street improvements, including demolition, street widening, a median, curb and gutter, sidewalk, landscape, street lights and pavement. (b) Storm drain extension, stubbed to the perimeter of the Highland-Boulder Property at the intersection of Highland Avenue and Boulder Avenue. The parties acknowledge that, in order for the storm drain extension which is referred to 10 the immediately preceding sentence to function efficiently, it will be designed and constructed to 4 DwAa-\lo.31\GIJ6.CIOt "~ "<" o o accommodate storm drainage from adjacent properties. Therefore, the parties agree that the Developer will not be responsible for mitigating storm drainage from adjacent properties. (c) Traffic control facilities, including a traffic control light at the entry to the Highland-Boulder Property, which the Developer and the City agree will be at or near the intersection of Highland Avenue and Boulder Avenue. The City will bear all of the direct and indirect costs of the Highland Avenue Improvements including, without limitation, the cost of any architectural, engineering or surveying services required in connection with the feasibility, design or installation of the Highland Avenue Improvements and the cost of acquiring any rights-of-way or easements which may be necessary for the installation of the Highland Avenue Improvements (other than rights-of-way or easements across the Highland-Boulder Property which are granted by the Developer). At the Developer's request, the City will, to the extent permitted by law, authorize the Developer to represent It in the acqUisition of any rights-of-way or easements which may be necessary for the installation of the Highland Avenue Improvements. The City will install the Highland Avenue Improvements which are described in Subparagraph 5.(a) and Subparagraph 5.(b) before the first businesS in the Shopping Center opens for business. However, if the City is unable to do so, then the City will install the Highland A venue Improvements according to a schedule which will ensure the installation of the Highland Avenue Improvements at the earliest possible time and otherwise not impede full public access to the Shopping Center or otherwise delay the progress of the development of the Highland-Boulder Property and in the interim, the City will, at its sole cost, make such temporary improvements as may be neces'lllry for safe public access to the Shopping Center. In addition, if any delay in the installation of the Highland Avenue Improvements could create a flood hazard at the Highland-Boulder Property, then pending the completion of those Highland Avenue Improvements, the City will permit the Developer to mitigate that flood hazard through the use of temporary mitigatIon measures including, without limitation, temporary detention basins and any other mitigation measures required by Developer's insurance carrier. Finally, no traffic improvements will be undertaken by the City during holiday periods or between the dates of November I and January I; provided, however that the parties agree that the foregoing limitation will not prevent the City from undertaking emergency repairs between those dates. In addition. subject to the provisions of this Paragraph 5., the City will act as the lead agency with respect to the installation of any of the Highland Avenue Improvements over which CalTrans has jurisdiction. In addition, the City will, at the Developer's cost, take such steps as may be necessary to legally establish, improve and open to traffic, the streets which are referred to in subparagraph 8. (a), according to a schedule which will allow those streets to be improved and open to traffic before the first business in the Shopping Center opens for business, and which will not otherwise delay the progress of the Developer's development of the Highland-Boulder Property. The parties acknowledge and ~ree that the foregoing streets will not make provision for utility service. In order to facilitate the development of the Highland-Boulder Property, at the Developer's request, the City will allow the Developer to prepare the plans and specifications for the foregomg streets and, on approval of those plans and specifications by all public agencies which have jurisdiction, to install the foregoing streets as a private project, at the Developer's cost. 5 D.vA.,.\Io.31\G116GJf "".~--~"'- .~~ o o In order to facilitate the development of the Highland-Boulder Ptoperty, at the Developer's request, the City will allow the Developer to prepare the plans and specifications for the Highland A venue Improvements and, on approval of the plans and specifications by all public agencies which have jurisdiction, to install the Highland Avenue Improvements as private projects. In that event, the Developer and the City will also enter into such agreements as may be necessary to facilitate timely payment or reimbursement by the City for the direct and indirect cost of the preparation and approval of the plans and specifications and the installation of the Highland Avenue Improvements themselves. In view of the provisions of subparagraph S.(c), which obligate the City to make such temporary improvements to Highland Avenue as may be neces'lll')' for safe public access to the Shopping Center, under no circumstances will the completlon of the Highland Avenue Improvements be a condition of issuance of a certificate of occupancy for any building on the Highland-Boulder Property. 6. Third Party Permits and Approvals and Utilities. The City will use its best efforts to assist the Developer in obtaining all other permits and approvals which are necessary for the development or operation of the Highland-Boulder Property. Examples of these permits and approvals are permits and approvals which are required for the installation of driveways from Highland Avenue to the Highland-Boulder Property, and utility connections and services which are necessary for the development or operation of the Shopping Center such as electrical, gas, water, sewer, storm drain, telephone and cable television. In addition, at the Developer's request, the City will use its best efforts to assist the Developer in negotiating with third party government agencies with respect to any processing fees or charges and any development impact fees or develo{lment linkage fees which are levied by those third party government agencies. In addition, the parties acknowledge that the Developer may be obligated to make payments to third party utility providers to defray the cost of utility extensions to the Highland-Boulder Property and agree that, at the Developer's request and at the Developer's cost, the City will process all proceedings with those third party utility providers that may be necessary to bring those utility extensions about. 7. Devel09ment Schedule. Subject to the provisions of paragraph 12., the Developer will use its reasonable best efforts, consistent with prudent business judgement, to develop the Highland-Boulder Property in accordance with the Development Criteria, according to the following schedule: (a) No later than the 1st anniversary of the Effective Date, the Developer will begin construction of the Wal-Mart Store. (b) No later than the 2nd anniversary of the Effective Date, the Developer will complete construction of the Wal-Mart Store. (c) No later than the 3rd anniv~ of the Effective Date, the Developer will complete construction of the remaining space (building shell only) which it plans for the Highland-Boulder Property, except for any Secondary Anchor Store. (d) No later than the 4th anniversary of the Effective Date, the Developer will complete construction of any Secondary Anchor Store, if a Secondary Anchor Store is located at the Shopping Center. 6 DIv~\lo.'l\Glt6(Il)t .... o o ., . 8. Other Matters. (a) The City will cooperate in good faith with the Devel~r and will use its best efforts to assist the Developer in the Developer's efforts to establish 1 street at the location on Exhibit "A" which is designated "Dedicated Street No. 1", 1 street at the location on Exhibit "A" which is designated "Dedicated Street No.2" and 1 street at the location on Exhibit "A" which is designated "Dedicated Street No.3", which streets will extend far enough north of Highland Avenue to give efficient public access to the Highland-Boulder Property. At the Developer's request, with the exception of Dedicated Street No.2, the above-mentioned streets may be established and maintained as private streets. (b) The parties acknowledge that CalTrans intends to relinquish or otherwise dispose of certain strips of land which front the Highland-Boulder Property and which are presently part of the CalTrans right-of-way ("CalTrans Right-of-Way"). The City will use its best efforts to cause CalTrans to relinll.uish or otherwise dispose of the CalTrans Right-of-Way in favor of the City and, upon acquiSition of title or rights of possession or access, the City will allow the Developer to landscape and maintain the CalTrans Right-of-Way and to install and maintain signage which is related to the Shopping Center. The Developer will receive credit for landscape and structural setbacks at the CalTrans Right-of-Way, against its on-site landscape and structural setback requirements for the Highland-Boulder Property. (c) The parties also acknowledge that CalTrans intends to dispose of other land which is contiguous and to the southeast of the Highland-Boulder Property ("CalTrans Property"). Provided that the Developer approves the price and terms of such acquisition in advance, the City will, at its cost, use its best efforts to acquire title to the CalTrans Property at the lowest possible cost and, upon acquisition, will sell and the Developer will purchase good and marketable title to the CalTrans Property, at the same cost, for commercial development by the Developer as part of the Highland-Boulder Property. In that event, the City will cooperate in good faith with the Developer and will use its best efforts to assist the Developer in the Developer's efforts to establish at least I point of vehicular access from a dedicated street to the CalTrans Property, to give efficient publi.:: access to the CalTrans Property. If the City is unable to acquire title to the CalTrans Property and convey it to the Developer as provided in the immediately preceding sentence, then provided that the Developer approves the price and terms of such acquisition in advance, the City will, at the Developer's cost, acquire title or rights of possession or access to the CalTrans Property at the lowest possible cost and, upon acquisition, will allow the Developer to maintain the CalTrans Property for open space purposes. In either of the above events, the Developer will receive credit for landscape and structural setbacks at the CalTrans Property, against its on-site landscape and structural setback requirements for the Highland-Boulder Property. (d) In its development of the Highland-Boulder Property, the Developer will adhere to the Mitigation Monitoring Program which is attached hereto as Exhibit "F". (e) The parties acknowledge that many of the conditions of approval and standard requirements which are described or referred to in Exhibit "B", Exhibit "C", Exhibit "D" and Exhibit "E", may conflict or be inconsistent with the provisions of this Agreement and agree that, in the event of any such conflict or inconsistency, the provisions of this Agreement will supersede and control. Without limiting the effect of the foregoing, the parties acknowledge that, although the Highland-Boulder Property consists of several parcels of real property and will have multiple owners, the effect of this Agreement and the reciprocal easement agreement which will be recorded with respect to the Highland-Boulder Property, will be to interlock those parcels together as one property, and agree that all of the legal 7 c.v",*'lo.)I'AJIJ6.009 -,,,"" ""-,"" o o .. , parcels which make up the Highland-Boulder Plope.ty will be deemed to be the same property for purposes of interpreting the Uniform Building Code including, without limitation, Uniform Building Code Section 504(c). 9. DevelOJ)Cr Compliance and RI'I"".... At such time as the Developer has developed each legal parcel of the Highland-Boulder Property in accordance with the Development Criteria and this Agreement, at the Developer's request, the Director of Planning and Building Services of the City or such other employee of the Department of Planning and Building Services as he designates to act in his bebalf ("Director") will issue a Certificate of Compliance ("Certificate of Compliance") with respect to that parcel and the Developer may, at its cost, cause that Certificate of Compliance to be recorded in the official records of San Bernardino County, California. At such time as the Developer has developed all of the Highland-Boulder Property in accordance with the Development Criteria and this Agreement, then at the Developer's request, the Director will issue a Certificate of Compliance with respect to all of the Highland-Boulder Property and the Developer may, at its cost, cause that Certificate of Compliance to be recorded in the official records of San Bernardino County, California.. The purpose and effect of each Certificate of Compliance will be to release the Developer and the affected parcel of the Highland-Boulder Property from the obligations which are provided in this Agreement. However, no such release will be deemed to be a release of the rights of the Developer and the Highland-Boulder Property which are provided in this Agreement. Each Certifica!e of Compliance will be in the form of Exhibit "G". The Developer will be deemed to have developed a legal parcel of the Highland- Boulder Property in accordance with the Development Criteria in this Agreement, when it has developed buildings (building shell only) and the other improvements which have been approved by the City for development on that parcel. 10. Default by DevelOJ)Cr. If the Developer fails to perform any of its obligations as provided in this Agreement and fails to cure its nonperformance within 30 days after notice of nonperformance is given by the City, then the Developer will be in default and the City will have all remedies which are available to it at law or in equity; provided, however that if the nature of Developer's failure to comply or perform is such that it cannot reasonably be cured within 30 days, then the Developer will not be in default if it immediately commences and thereafter diligently continues to cure its failure. 11. Default bv City. If the City fails to perform any of its obligations as provided in this Agreement and fails to cure its nonperformance within 30 days after notice of nonperformance is given by the Developer, then the City will be in default and the Developer will have all of the remedies which are available to it at law or in equity; provided, however that if the nature of City's failure to perform is such that it cannot reasonably be cured within 30 days, then the City will not be in default if it immediately commences and thereafter diligently continues to cure its failure. 12. Permitted Del~s. Without limiting the effect of paragraph 14., the Developer will be excused from performance of its obligations as provided in this Agreement during any period of delay which is caused by matters which are not within the Developer's reasonable control including, without limitation, casualty; acts of God; civil commotion; war; insurrection; riots; strikes; walkouts; picketing or other labor disputes, except that neither the Developer nor its contractors or subcontractors will be required to settle any labor dispute on 8 DnA&-\I~]I\G116oOO9 ,- -~_._-- o o terms other than those which are satisfactory to them in their sole discretion; market factors; unavoidable shortages of materials or supplies; damages to work in progress by reason of fire, flood, earthquake or other casualty; litigation which prohibits or delays any aspect of the development of the Shopping Center; initiatives or referenda; moratoria; acts or the failure to act of the City (e.g. the failure to take actions which it is required to take under subparagraph 3.(b))or any other public or governmental agency or entity (ex~t that acts or the failure to act of the City shall not excuse performance by the City); unantiCipated restrictions which are imposed or mandated by governmental entities or enactment of conflicting City, County, State or Federal laws, regulations or judicial decisions. The Developer will promptly notify the City of any permitted delay as soon as is possible after it has ascertained such delay and the term of this Agreement will be extended by the period of any such delay. 13. Indemnification. (a) With respect to the Developer's performance as provided in this Agreement, the Developer will defend, indemnify and hold the City and its elected officials, officers and employees free and harmless from any loss, cost or liability (including, without limitation, liability arising from injury or damage to persons or property, including wrongful death and worker's compensation claims) which result from (i) any obligation of the Developer which arises from the development of the Highland-Boulder Property including, without limitation, obligations for the payment of money for material and labor, (ii) any failure on the part of the Developer to take any action which it is required to take as provided in this Agreement, (Hi) any action taken by the Developer which it is prohibited from taking as provided in this Agreement, (iv) any claim which results from any willful or negligent act or omission of the Developer and (v) any legal challenge to the City's actions in approving or implementing this Agreement. (b) Included in the scope of the foregoing indemnification will be all damages and claims for damages which are suffered or alleged to have been suffered by reason of the matters which are the subject to the applicable indemnification and all of the associated legal fees and court costs (but not internal costs). Without limiting the effect of the foregoing, the Developer will have the right to defend against any claim with respect to which it is indemnifying the City, using legal counsel of its choice. The City will cooperate with the Developer and will give the Developer its full support in connection with any claim with respect to which the Developer is indemnifying the City. 14. Suoersedinl! State or Federal Law. If any state or federal law or regulation which is enacted or adopted after the Effective Date or any other action of any governmental entity which is not under the City's control, prevents or precludes compliance with any proVision of this Agreement, then that provision of this Agreement will be modified or suspended only to the extent and for the tIme necessary to achieve compliance with that law, regulation or other governmental action and the remaining provisions of this Agreement will continue in full force and effect and the parties will negotiate in good faith for such amendments to this Agreement as may be necessary to achieve its intent, notwithstanding the existence of such state or federal law or regulation or other governmental action. On the repeal of any such law, regulation or other governmental action or on the occurrence of any other circumstance which removes the effect of the same on this Agreement, the provisions of this A~reement will be automatically restored to their full original effect and any amendment to this Agreement which the parties have entered into as a result of any such law, regulation or other governmental action, will terminate. 9 DwAcr-\lo.]I~116oOOP o o . 15. Condemnation. The City hereby agrees not to exercise its right to acquire by condemnation, fee ownership of or any easement or other right which would encumber the Highland-Boulder Property or any part of the Highland-Boulder Property. 16. Successors and Assil!:ns. The parties acknowledge that the City has agreed to provide, at its sole cost, certain improvements, due to the Developer's expertise, reputation as a successful Developer, and financial status. Consequently, except as otherwise provided in this paragraph 16., the Developer will not transfer its rights and obligations under this Allreement, without the City's express written consent, which consent will not be unreasonably Withheld. The purpose of this provision is to assure that, if a transfer occurs, a developer of at least the same expertise, reputation and financial status as the Developer develops the Highland-Boulder Property. The further purpose of this provision is to prohibit only the transfer of this entire Agreement without the City's express written consent. Therefore, the parties agree that this prohibition against transfer will not apply 10 and the consent of the City will not be required for (i) the transfer of all or part of the Highland-Boulder Property for the specific siting of a Wal-Mart Store ("Wal-Mart Site"), along with the rights and obligations as provided in this Agreement that relate to the same, to Wal-Mart Stores, Inc., (ii) the transfer of all or part of the Highland Boulder Property along with the rights and obligations as provided in this Agreement that relate to the same, to a partnership or other entity in which the Developer or either of its principals is involved, (iii) the transfer of specific sites within the Highland-Boulder Property (other than the Wal-Mart Site), along with the rights and obligations as provided in this Agreement that relate to the same, to individual developers or users, (iv) the transfer of any rights or obligations as provided in this Agreement or any rights or obligations that relate to the Highland-Boulder Property, in order to finance (through the use of equity or debt) the acquisition or development of all or part of the Highland-Boulder Property, (v) leases of the Highland-Boulder Property, or (vi) the transfer of all or part of the Highland-Boulder Property, along with the rights and obligations as provided in this Agreement that relate to the same, to any person, after the issuance of a Certificate of Compliance for the transferred part of the Highland-Boulder Property or the entire Highland- Boulder Property, as the case may be. Subject to the provisions of this paragraph 16., this Agreement will inure to the benefit of and will bind the Developer's successors, assigns and tenants. 17. Eqllitable Servitudes. All of the provisions of this Agreement will be enforceable as equitable servitudes and will constitute covenants ruMing with the land as provided in the applicable law; provided, however that, after transfer by the Developer, each legal parcel of the Highland-Boulder Property will be burdened only by the obligations in this Agreement which relate to that legal parcel and, under no circumstances, will the owner of any legal parcel of the Highland-Boulder Property be liable for the obligations in this Agreement which relate to any other legal parcel of the Highland-Boulder Property. 18. Nel!:ation of Al!:ency Joint Venture or Partnership. The parties acknowledge that in entering into this Agreement, they are acting as independent entities and not as agents of the other in any respect. The parties hereby renounce the existence of any form of joint venture or partnership among or between them and agree that nothing in this Agreement will be construed as making them joint venturers or partners. 19. Notices and Other Communications. All notices or other communications which are required or permitted to be given to the parties will be in writing and will be given either by personal service or by mailing the same by certified or registered mail, postage prepaid, return receipt requested, or overnight mail delivery service, addressed as follows: 10 DwAc-\1c)'3I\0116409 o o " . crIY City of San Bernardino 300 North "D" Street San Bernardino, CA 92418 Attn: City Administrator DEVELOPER GatlinlDoerken Developments 12625 High Bluff Drive Suite 304 San Diego, California 92130 Attn: Franklin C. Gatlin, ill - and - Doerken Properties, Inc. 3250 Ocean Park Boulevard Suite 385 Santa Monica, CA 90405 Attn: Peter W. Doerken If any such notice or other communication is given by personal delivery, then it will be deemed given as of the date of delivery. If any such notice or other communication is given by mail, then it will be deemed given as of the date of receipt or rejection. Addresses to which notices or other communications may be delivered, may be changed from time to time by a notice which is given as provided in this paragraph 19. 20. EstOJ)JlCI Certificates. At the request of either party, the other party will, within 10 days, certify in writing that, to the best of its knowledge, (a) this Agreement is in full force and effect and is a binding obligation of the certifying party, (b) this Agreement has not been amended or modified, except as is expressly provided in that estoppel certificate and (c) no default in the performance of the requesting party's obligations as provided in this Agreement exists, except as is expressly provided in that estoppel certificate. 21. Awlicable Law. This Agreement will be construed and enforced as provided in California law. 22. Venue. Anrlegal action with respect to this Agreement will be brought, at the Developer's election, in either San Bernardino County Superior Court or in the United States District Court for the Central District of California. 23. Attorneys' Fees. If legal action is taken to enforce or interpret any provision of this Agreement, then the prevailing party in that action will be entitled to recover from the losing party all attorneys' fees, court costs and nece~"'ry disbursements in connection with that action. 24. Para2raoh H""tfin~s. The paragraph headings of this Agreement are for convenience only and are not a part of and are not intended to govern, limit or aid in the interpretation of any provision of this Agreement. 11 DtowAaJ-,\10-31\G11I6-GOP o o 25. Construction. In all cases, the language in this Agreement will be construed simply, according to its fair meaning and not strictly for or against either party, it being agreed that the parties or their agents have participated in the preparation of this Agreement. Without limiting the effect of the foregoing, the parties acknowledge and agree that the City is restricted in its authority to limit its police power by contract and that the limitations in this Agreement are intended to reserve to the City all of its police powers which cannot be so limited. This Agreement will be construed, contrary to its stated terms if necessary, to reserve to the City all police power that cannot be restricted by contract. 26. Survival. Each and every covenant in this Agreement will survive the execution and delivery of this Agreement for the benefit of the parties. 27. Calendar Periods. All references in this Agreement to "years", . quarters. , "months" and "days. will be deemed to be to references to calendar years, quarters, months and days. 28. Severability. Every provision of this Agreement is and will be construed to be a separate and independent covenant. Without limiting the effect of paragraph 14., if any provision of this Agreement or the application of the same is, to any extent, found to be invalid or unenforceable, then the remainder of this Agreement or the application of that provision to circumstances other than those to which it is invalid or unenforceable, will not be affected by the same and each provision of this Agreement will be valid and will be enforced to the extent permitted by the law and the parties will negotiate in good faith for such amendments to this Agreement as may be necessary to achieve its intent, notwithstanding such invalidity or unenforceability. 29. Further Actions. Whenever and as often as it is requested to do so by the other party, each party will execute, acknowledge and deliver or cause to be executed, acknowledged or delivered, any and all such further documents as may be necessary, expedient or proper in order to achieve the intent of this Agreement. Without limiting the effect of the foregoing, the parties acknowledge that, in order for the City to install the Highland Avenue Improvements as provided in paragraph 5., it may be necessary for the City to enter into agreements, including joint powers agreements, with other public agencies and, in the event that it is, each party will take such steps and execute, acknowledge and deliver or cause to be executed, acknowledged or delivered, any and all further documents as may be necessary. expedient or proper in order to accomplish the same. 30. Covenant of Good Faith. In exercising their rights and in performing their obligations as provided in this Agreement, the parties will cooperate with one another in good faith, so the intent of this Agreement can be attained. 31. Counterparts. This Agreement may be executed in counterparts, each of which will be deemed to be an original for all purposes and all such counterparts will constitute one and the same agreement. 32. Incoq1Oration of Recitals. The "Recitals" in this Agreement are material and are incorporated by reference as though fully set forth hereat. Each recital of fact concerning the parties will be conclusive between them and such facts will be incontestable in the event of any dispute between them with respect to such facts. Neither party will introduce any evidence in a court or administrative proceeding which would in any way serve to dispute any such recited fact. 12 c.vApw\lo.31\G116.Qllll o o ., . 33. Exhibits. The Exhibits to this Agreement are incorporated by reference as though fully set forth herem. 34. Amendment. (a) No amendment or waiver of any term of this Agreement will be binding on the City unless and until it has been approved by the City and has become effective, or on the Developer unless and until it has been executed by the Developer. (b) The parties acknowledge that the passage of time may demonstrate that changes are necessary or appropriate with respect to the details of each party's performance as provided in this Agreement. Because the parties wish to retain flexibility with respect to the details of their performance, if and when the parties determine that changes are n~.~ry or a~ropriate, they will unless otherwise required by law, effectuate those changes or adjustments through operating memoranda. After execution, each such operating memorandum will be attached to this Agreement as an addendum and will become part of this Agreement. No such operating memorandum will be deemed to be an amendment of this Agreement. 35. Recordation. No later than 10 days after the Effective Date of this Agreement, the Developer will, at its cost, record this Agreement in the Official Records of the San Bernardino County Recorder. SIGNATURES FOLLOW 13 DnA..-\lo.ll\G116-OO9 o o -, . CITY CITY OF SAN BERNARDINO By: Mayor ATIEST: By: City Clerk APPROVED AS TO FORM AND LEG CONTENT: DEVELOPER Gatlin/Doerken Developments, a California general partnership By: DOERKEN PROPERTIES, INC., a California corporation By: Its: APPROVED AS TO FORM AND SUBSTANCE: GRESHAM, VARNER, SAVAGE, NOLAN &. TILDEN By: Mark A. Ostoich, Esq. o 0 " STATE OF CALIFORNIA ) ) ss. COUNTY OF ) On , 1991, before me, the undersigned, a Notary Public in and for said State, personally appeared , personally known to me or proved to me on the basis of satisfactory evidence to be the Mayor of the City of San Bernardino, a municipal corporation, and acknowledged to me that such municipal corporation executed the within instrument. WITNESS my hand and official seal. Notary Public ST ATE OF CALIFORNIA ) ) ss. COUNTY OF ) On , 1991, before me, the undersigned, a Notary Public in and for said State, personally appeared , personally known to me or proved to me on the basis of satisfactory evidence to be the person who executed the within instrument as the General Partner of Gat1inlDoerken Developments, a California general partnership, the partnership that executed the within instrument, and acknowledged to me that such person executed the within instrument as the general partner of GatlinlDoerken Developments, a California general partnership. WITNESS my hand and official seal. Notary Public o o " . HIGHLAND-BOULDER PROPERTY EXHIBIT. A . -.L .( o ...I.. ~ - o - ~ ~D~l" I' ~ , I I ~L i~ "HIP ....s1 I ~:i; . I , . I "if !~. ~I~ I J fa 1 II ~ I --, '- . - "'\ 's i \ I. I ~ I Ii'\!] ) ~ dI @l. . ~ I I ~ III I ~ i~l ~aill ~ .. ~ rt .. ~ I z~ ~ .... 0< .dI ..... lI!< 21: ~ "i; .. CllJ ~z n ~ ~ ;;;) ~ EXHIBIT "A" I I I I i . ; II :i . o " . L o CONDnlONALUSEPE~ CONDnlONS OF APPROVAL ~~TTT'\""'" ..~.. o Attachment "C" o r CASE CUP 91-26/ VAR 91-16 DA 91-02 AGENDA ITEM 8 HEARING DATE 10-29-91 PAGE 17 CIlY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES DEPARTMENT CONDITIONS .... --_!.!._---- 2. ---------- :f&~."'- r.nnstruction shall be in substantial conformance with the plan(s) approved bl" the Director. Development Review Committee. Planning Commission or Mayor and Common Council. Minor modification to the plan(s) shall be subject to approval bv the Director through a minor modification permit process. Anv modification which exceeds 10% of the following allowable measurable design/site considerations shall require the refi 1 ing of the original application and a subsequent hearing b)' the appropriate hearing review authority if applicable. 1. On-site circulation and parking. loading and landscaping; 2. Placement and/or height of walls. fences and structures; 3. Reconfiguration of architectural features. including colors. and/or modification of finished materials that do not alter or compromise the previously approved theme: and. 4. A reduction in density or intensit). of a development project. Within one year of development approval. commencement of construction shall have occurred or the permit/approval shall become null and void. In addition. if after commencement of construction. work is discontinued for a period of one vear. then the permit/approval shall become null and void. Projects may be built in phases if preapproved bv the review authority. If a project is built in preapproved phases. each subsequent phase shall have one year from the prev i OilS phase' s date of construction commencement to the next phase's date of construction commencement to have occurred or the permit/approval shall become null and void. Project:___~U~_~_~-~~_______________________________ Exp irati on Da te: _~__c!..e_t:...e_~i_nJ!_c!..Jl'y_'p_e'y_eJ.2.PPJ!.!l_t______ Agreement No. 91-02 PI.MoI.DI PAGE t OF 1 ~ - - - o o r- ..... CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES DEPARTMENT CONDITIONS CASE CUP 91-26/ VAR 91-16 nJl 'l1-02 AGENDA ITEM 8 HEARING DATE 10-29-91 PAGE 18 ., 3. The re\'iew authority may. upon application being filed 30 days prior to the expiration date and for good cause. grant one time extension not to exceed 12 months. The review authority shall ensure that the project complies with all current Development Code provisions. 4. 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 an,' 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 resul t of such action. but such particioation shall not relieve aoplicant of his or her obligation under this condition. __...5....____ No vacant. relocated. altered. reoaired or hereafter erected structure shall be occupied or no change of use of land or structurels! shall be inaugurated. or no new business commenced as authorized by this permit until a Certificate of Occupancy has been issued by the Deoartment. A temporary Certificate of Occupancy may be issued by the Deoartment subject to the conditions imposed on the use. provided that a deoosit is filed with the Department of Public Works prior to the issuance of the Certificate of Occupancy. The deoosit or security shall guarantee the faithful performance and completion of all terms. conditions and performance standards imposed on the intended use by this permit. Prior to the issuance of a Certificate of Occupancy, the landowner shall fi Ie a maintenance agreement or covenant and easement to enter and maintain. subject to the approval of the City Attorney. The agreement or covenant and easement to enter and maintain shall ensure that if the landowner. or subsequent owner's). fails to maintain the required/installed site improvements. the City will be able to fi Ie an appropriate lien(s) against the property in order to accomolish the required maintenance. ::.:. ... I ~ PAGE1OF1 - o o ~ CONDITIONS CASE CUP 91-26/VAR 91-16 nil Ql-02 AGENDA ITEM R HEARING DATE 10-29-91 PAGE 19 ~ CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES DEPARTMENT ..... 6. The developer is to submit a complete master landscape and irrigation plan 15 copies) for the entire development to the Public Works Department with the required fee for review. The landscape plans will be forwarded to the Parks. Recreation. and Communi ty Services and the Planning Division for review. (Note: The issuance of a building development Permit by the Department of Planning and Building Serviles does not waive this requirement.) No grading permitls) will be issued prior to approval of landscape plans. The landscape and irrillation plans shall comply with the "Procedure and Policy for Landscape and Irrillation" (available from the Parks Department), and comply with all applicable provisions of Chapter 19.28 (Landscaping Standards) of the Development Code effective on the date of approval of this permi t. Trees are to be inspected b,' a representative of the Parks Department prior to plantinll' (The following provision is appl icable to single family homes.) Trees. shrubs and ground cover of a type and quality generally consistent or compatible with that characterizing single family homes shall be provided in the front yard and that portion of the side yards which are visible from the street. All landscaped areas must be provided with an automatic irrigation system adequate to insure their viability. The landscape and irrigation plans shall be reviewed as outlined above. r::.:.1Ie-~ ~ PAGE1OF1 14-tOl -L - r o o CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES DEPARTMENT CASE Q1-1t; CONDITIONS ('HI> Q1-'t;{"n~ DA 9 -0 AGENDA ITEM 8 HEARING DATE 10-29-91 PAGE 20 III. ,... 7. This permit or approval is subject to the attached conditions or requirellents of the following Cit'. Departments or Divisions: , x Fire Department Parks. Recreation Services Department & Community x Building Planning Department Services Division and Building of the Services x Police Department Public Services (Refuse) Department x Pub 1 i c Works Department ( En gin ee r i nil) x Water Department z;..:, ~I ~~ ~ PUN-I.aI PAGE 10Ft t44J) o o r CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES DEPARTMENT .. CONDITIONS CASE CUP 91-26/VAR 91-16 DA 91-02 AGENDA ITEM 8 HEARING DATE 10-29-91 PAGE 21 -"" B. This permit or approval is subject to all the applicable provisions of the Development Code in effect at the time of approval. This includes Chapter 19.20 - Property Development Standards. and includes: dust and dirt control during construction and grading activities; emission control of fumes. vapors. gases and other forms of air pollution; glare control; exterior lighting design and control; noise control; odor control; screening; signs. off-street parking and off-street loading; and. vibration control. Screening and sign regulations compliance are important considerations to the developer because they will delay the issuance of a Certificate of Occupancy until they are complied with. Any exterior structural equipment. or utility transformers. boxes. ducts or meter cabinets sball be architecturally screened by wall or structural element. blending with the building design and include landscaping when on the ground. A sign program for all new commercial, office and. industrial centers of three or more tenant spaces sball be approved by the Department prior to the issuance of a Certificate of Occupancy. This requirement also includes any applicable Land Use District Development Standards for residential. commercial and industrial developments regarding minimum lot area. minimum lot depth and width. minimum setbacks. maximum height. maximum lot coveraae. etc. 9. This development shall be required t.o maintain a minimum of _1~55L__ standard off-street tlarki ng spaces as shown on the approved plants) on file. ::n:..::. -=ru~~ ..... fIUNoI.OI PAGE 1 OF 1 (4-IllJ ~- !:Ill .& ~ o o CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES DEPARTMENT CONDITIONS l:l 10-29-91 22 r 10. A Composite Development Plan ICDP) shall be filed with the Public Works and Planning and Building Services Departments prior to Final or Parcel Map processing by the City. The COP shall provide additional survey and lIap inforllation including. but not limited to. building criteria (i.e. setbacks). flood control criteria. seisllic .and geological criteria. environllental criteria and easements of record. The COP shall be labeled with the title "Composite Development Plan". and contain a section entitled "COP Notes" The applicant shall have listed under the COP notes section the following conditions or mitigating lIeasures required for the development of the subject property: Conditions of Approval Nos. 1 through 27 and Standard Requirements Nos. 1 though 111. Within two years of this approval. the filing of the final map or parcel lIap with the Council shall have occurred or the approval shall becolle null and void. Expiration of a tentative lIap shall terllinate all proceedings and no final lIap or parcel lIap shall be filed without first processing a new tentative lIap. The City Engineer aust accept the final aap or parcel aap docuaents as adequate for approval by Council prior to forwarding thell to the City Clerk. The date the lIap shall be deeaed filed with the Council is the date on which the City Clerk receives the aap. The review authority lIay. upon application filed 30 days prior to the expiration date and for good cause. grant an extension to the expiration date pursuant to Section 19.66.170 of the Developaent Code and the State Hap Act. Project'__________________________________________ Expiration Date'__________________________________ ::":'~~."TL t4 ~ Pl.AN-I.OI P*K 10F 1 I"'" o o ~ " CITY OF SAN BEFlNARDINO PLANNING AND BUILDING SERVICES DEPARTMENT .. CONDITIONS C~SE CUP 9l-26/VAR 91-16 . DA 91-02 AGENDA ITEM 8 HEARING DATE 10-29-91 PAGE 23 r ..... ., CONDITIONS OF APPROVAL 11. Conversion of any of the four restaurants on Pads "A", "E", "C", or "0" to a drive-through fast food restaurant shall require the submittal of a Type II Development Permit. Drive-through circulation, parking, and architectural design shall comply with all applicable standards for drive- throughs pursuant to Development Code Section 19.06.030(2)(H). 12. The placement of the 7,nOO square foot retail building on Pad "E" conflicts with the Revised structural Setback Line as shown on Plate 1 of the Geologic Faulting Investigation prepared for the site by Leighton and Associates. The developer shall submit a Type II Development permit addressing proper pla~ement of the building in relation to the seismic setback line. The design of the building on Pad "E" shall conform to all applicable Development Code Standards concerning setbacks, design, landscaping, parking, and circulation. 13. Screening of all rooftop equipment shall comply with the Commercial Design Guidelines pursuant to Section G19.06.060(8) of the Development Code. 14. The Caltrans property immediately adjacent to Pads "A", "E", "C", and "0" on the south shall be acquired prior to the issuance of building permits. However, the developer shall retain the option of filing a Type II Development Permit, modifying the site plan of these pads in order to meet the required setback along Highland Avenue. IS. The four acres of CalTrans property immediately adjacent to the site shall be acquired prior to the issuance of building permits for any structures on Pads "A", "E", "C", "0", and "E". The developer retain the option of filing a Type II Development Permit on these pads, decreasing the structure sizes and increasing the landscaped areas to meet the 15 percent landscaping requirement for the center. 16. The developer shall obtain the necessary building permits from the City for the demolition and removal of the single- family structure located near the southwest corner of the site. The permits shall be obtained and the structure removed prior to the issuance of building permits for construction of the shopping center. cnvQII.....~ CItmIIoIIl~__. .R~ - 4 j o o ~ CONDITIONS CASE CUP 91-26/ VAR 91-16 DA 91-02 R 10-29-91 24 CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES DEPARTMENT AGENDA ITEM HEARING DATE PAGE ... ~ 17. No structures for human occupancy shall be built north of th~ "Revised structural Setback Line". Said setback line is described as follows: "A line connecting a point located 50 feet south of the northern end of Trench FT-1 and a point located 35 feet south of the shear zone noted at ) + 25 feet in Trench FT-2 (as shown on Plate 1 of the report), as reviewed in the Field with the City Geologist, Dr. Floyd Williams. The shear zone located in FT-2 was marked in the field by a vertical metal fence pole located approximately 30 feet south of the existing fence line. The position of the shear shall be surveyed so as to accurately locate the setback line. 18. In the interest of safety, the exploratory fault trenches were backfilled after they were examined and logged. The potential for settlement of the fault trench backfill exists at the site. Prior to construction, the trenches shall be recxcavated, and recompacted under the supervision of a geotechnical consultant, if not previously removed by depth of proposed cut. 19. Seismic design shall be in accordance with the seismic code provision for the City of San Bernardino and the latest edition of the Uniform BUilding Code. The seismic accelerations contained in the text of the geologic evaluation (including the information contained in Appendix D of the evaluation) of the site shall be incorporated into the structural design of the building. 20. An evaluation of the potential for seismically induced settlement shall be completed and submitted to the Engineering Department and Building and Safety Division for review and approval prior to the issuance of building permits. The evaluation shall consider the seismicity information presented in Appendix D of the geologic evaluation report along with information obtained from a site specific geotechnical evaluation. All recommendations of the approved evaluation of seismically induced settlement concerning grading and foundation design shall be complied with. 21. Should any conditions be encountered during development that appear in any way to be different from those described in the geologic evaluation report completed by Leighton and Associates, a qualified geologist shall be notified concerning appropriate recommendations and mitigation prior to proceding. ~_C!:""'l .. Pl.AN-8J:JI PAGE 10F 1 (,..gol 4 o o , CASE CUP 91-26/VAR 91-16 DA 91-02 8 10-29-91 :.!:, (" ... CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES DEPARTMENT "I CONDITIONS AGENDA ITEM HEARING DATE PAGE .... 22. .,') ~~. 24. 25. The Highland Ditch shall be avoided by development, if practicable, subject to review and approval of the Director of Planning and Building Services with input from the on- site archaeologist. The only exception to this requirement is the extension of Piedmont Avenue which will bisect a previously altered section of the Ditch. Gradinq in the area of the former oriainal residential struct~res of the Noyes and Randall famili~s and in the area of the estimated location of the City Creek Ditch shall be monitored by qualified archaeologists to recover artifacts and further document the extent of subsurface remains not visible in the surface survey. The proposal shall include redesign and reconstruction of the Highland Avenue at Boulder Avenue intersection to ensure adequate lane configuration for handling interim and ultimate traffic volumes at the intersection. For Hiqhland Avenue at Boulder Avenue and the new dedicated street'(Piedmont realignment), a conceptual signing/striping plan shall be submitted and is sub1ect to the approval of the city Traffic Engineer. The concepts shall show the proposed interim and the ultimate lane configurations and signage, including road width requirements. 26. Many of the Conditions of Approval and ~tandard Requirements imposed upon this project state or imply that the Developer is responsible for construction, which the City viII agree to construct for the Developer under Development Agreement No. 91-02. However, these issues are adequately addressed in Development Agreement No. 91-02. The Development Agreement shall supercede and control any inconsistent proviSions of the Conditions of Approval and Standard Requirements imposed upon this project upon adoption of Development Agreement No. 91-02 by Resolution. ... ~ r". _ --...0 --- Pl..AN-t.O!I PAGE 10Ft (.-90) 8. - o Attachment "D" o CITY OF '~SAN BERNARDINO ,-: CASE L "'.~> 9/-'/C STANDARD REQUIREMENTS HEARING DATE ;"-)'i- <// REVIEWED BY lift< PIRE DEPARTMENT REQUmEMENTS 1. 2. 3. GENERAL REQCIREMENTS: ~ Provide one extra set of construction plans to Building and Safety for Fire Department use at time of plan check. ~ Contact Fire Dep!lrtment for specific or detailed requirements -IMPORTAIfT. The developer shall provide for adequate Fire Flow as computed by the Fire Prevention Bureau. Fire Flow shall be based on square footage, construction features and exposure information as supplied by the developer and may be taken from two hydrants. 4. ACCESS: [) Provl:ie two different routes of ingress/egress to the property entrance. The routes shall be paved, all-weather. t] Provide an access roadway to each buildirt2' for fire apparatlls. Access roadway shall have an all-weather driving surface of not less than 2o-feet of unobstructed width. Extend roadway to within Uo-feet of all portions of the exterior valls of all single-story buildings. Extend roadway to within 50-feet of the exterior walls of all multiple-story buildings. Provide .'No PARKING" signs whenever parking of vehicles would possibly reduce the clearance of access roadways to less than the required width. ISigns are to read "FIRE LANE - NO PARKING" (All caps). toM.C. Sec. 15.16". Dead-end streets shall not exceed SOD-feet in length and shall have a mInimum 35-foot radius turnaround. The names of any new streets (public or.private) shall be submitted to the Fire Department for approval. I] II )>-t~ I J I] SITE: 5. 6. ~ " All ac.:ess roads and streets are to be constructed and usable prior to combustible eonstruction. Private (ire hydrants shall be installed to protect each building located more than lSO--feet from the curb line. No fire hydrant should De within 4D-feet of any exterior wall. The hydrants shall be Wet Barrel type, with one 2,-inch and one 4-inch outlet, and ap?roved by the Fire Department. Fire hydrants are to be protected from damage by providing suitable tratlic barriers. The area around the tire hydrant shall be designated as a "NO PARKING" zone by painting an 8-inch wide, red stripe for IS-feet in each direction in front of the hydrant in such a manner that it will not be blocked by parked vehicles. Suitable "NO P ARKINC" signs are required. Public fire hydrants shall be provided along streets at .,m.-feet intervals for commercial and mutti-residential areas and at 500-feet intervals tor residential areas. Installation sha'II"Conform to City specifications and be installed prior to combustible construction or storage. 7. BClLDlNG: 'x The address of the structure, in six inch numerals, shall be installed on the buildiac or in other approved location in such a /,'; manner as to be visible from the frontage street. The color at the numbers shall contrast with color or the background. [] Identify each gas and electric meter with the number of the unit which it services. I] Fire extinguishers must be installed prior to the building being OCCt4)ied. The minimum rating for any (ire extinguisher is 2A 10 SIC. Minimum distribution of !ire extinguishers must be such that no interior part or the building is over 75-feet travel distance from a fire extinguisher. X All buildings, other than residential over S,OOO square feet, shall be provided with an automatic (ire sprinkler system, designed to NFP A standards. Submit plans Cor the fire protection system to the Fire Department prior to beginningeonstruction on the system. Tenant improvements in all sprinklered buildings are to be approved by the Fire Department prior to construction. Provide an automatic fire alarm (required throughout). Plan must be approved by the Fire Department, prior to installation. Fire Department connection to (sprinkler system/standpipe system) shall be required at curb line. 9. 10. 1l.~ I] 12. )>< ====================================================================--====== -===-- --======================= \j"rc / A ( - ..>/-.~,. r ~ t"F Co /: 5, c-<:~t':t'-r IL..'O FPB 170 7/89 Submit plans prepared t:Iy . ~nDltxxbilll:iJJIXXIl-U............, Architect or c:i vil or Structural Enqineer. Submit a complete lateral and structural analysis prepared ~y a Registered C:ivil or structural Enqineer or Architect. Submit State ot Calitornia Title 24 Energy Calculation Form. tor ~wW~~Y~~Xxx non-residential buildinqs includinq a siqned compliance statement. 16. S~lIlit calculations and structural drawinqs, prepared ~y a Reqistered civil Structural Enqineer or Architect, tor the tollowinq items: .' ~ 13. 14. 15. 17. 18. 19. 20. 21 22. --- - "' CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES OEPARTMENT CASE CUP 91-26/VAR 91-16 DA 91-U;l ;. GENOA ITEM R HEARINGOATE 10-29-91 PAGE 27 STANDARD REQUIREMENTS ium .--- S~lIlit tloor plan of existinq structure. existinq materials of construction. S~it tour (4) complete sets ot construction plans includinq: Label all uses and a. Copy ot conditions. ~. Soils iiUll'axll~~lliH report. c. Energy calculations. d. Structural calculation. s~t a preliJainary (soils) (qeoloqy) .....~~ report prepared t:Iy a person licensed to do so. Submit a sinqle line drawinq ot the electrical service. Show &1.1 equipment, conduit and wire sizes and types. Show the .ervice qround size and qroundinq electrode. . Submit panel schedule(s) and electrical plans. Permit required tor d_olition ot existinq buildinq(s) on site. Submit a plan ot the b_tinq, ventilatinq or air conditioninq 8YStaa. (Clearly identity the location aDd ratinq or the equipaant and the siz.. q4 uterial ot all ducta, raqistera and th. location or all Ure daapere). Show ...n. of pnwidinq - ~anical vantilation as required by the 1982 unUOftl auildinq Cod.. .J ~"_'CIII' _ . CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES DEPARTMENT CASE CUP 91-26/VAR 91-16 DA 91-02 8 10-29-91 28 STANDARD REQUIREMENTS N"'CNDA ITEM Hb\RlNG DATE PAGE r ~ . , 23. SUbai~ gU pipe loads, sizinq c:alcula~ioftll and iaoaetrica. 24. Provide . plo~ plan shovinq ~e loca~ion ot the proPotled. .ewer SY.~_. Submi~ . le~~er clearly inc!ica~inq ~e in~enc!ec! use ot all area. ot ~e builcUnq. Li.~ ~e lIIa~eri.l. ~ be usecl and ~e proje~ produced. qivinq ~e amount ot each kept in the buildinq. It ~e builcUnq is usee:! tor lIore ~ one purpo.e, list all other uses. 25. Subllit isometric plans at the cole:! ane:! hot wa~er and c:lrain waste ane:! vent sys~ems. 26. Show compliance with Title 24 tor ~e physically hanc:licappec:l in ~e tolJ.ovinq: all restrooms, ramps, & access to all buildings SubJIi ~ plans approvee:! by ~e County Health Oepartlllent. Indicate lIe~oc!s ot cOllpliance (exterior, interior party walls, ceilinq) as per stue:!y, C.B.C., local tor soune:! attenuation tloor/ceilinq ...embly, or State Law. 27. Show compliance with requirements"ot hiqh tire areas. For structures loca~ee:! wi~in hiqh wine:! areas: a. Desiqn structure, incluc:linq root coverinq, _inq 110 MPH wine:! loae:!. City at San Bernarc:lino nailed. .. certificate hole:!er tor Worker's COJIpensation Insurance. 28. 29. 30. Ass_sor's Parcel Hwaber. 1199-311-06 to 11 31. C:Ontra~r's City license. 32. C:Ontra~r's State license. 33. Sewer capaci~y riqhts troll Water Depart.Jlen~, 384-5093, .eil. 'f'hoasen. ~ =:.: - __.ao. _ o o .r. CITY OF SAN BEflNARDINO PLANNING AND BUILDING SERVICES DEPARTMENT STANDARD REQUIREMENTS CASE ("UP q'-?F\/vn~ ql-1fi , DA 91-0 ,...aFIDMrat B HEARING DATE .lU-:.!9- 1 PAGE 29 .. r ~ ~4 8cb001 f_ froa Unified School District, 311-1179. 35. ~~ict Building & Safety for possible expeditious plan check 36. DEPOSI'1': Bldg 111 $9,200 Plan check dep. #2 ~1,500 #3 $3,300 iI4 $2,700 #5 $1,850 #6 $ 2,750 Post Expansion is at current pIn ck cost, but subject to change in the future. #7 $2,060 #8 $1,250 #9 Future restaurant pln ck dep. each at $1,000 also sllbmi t to change . 37 Project shall meet all requirements of the Development Code. ~- It.. ,........ - .... - ~ d_ ~8Y- 09~ 0_ CXTY OF SAN BERNARDXNO. " . DRC/ERC DATE ..r../~-9/ CASE ~"I' "/-~c;. POLXCE DEPT STANDARD REQUXREMENTS FOR COMMERCIAL/INDUSTRIAL DEVELOPMENTS 38. / SECURITY LIGHTING: . 39. / 40. ./ 41. / 42. / 43. / / u. Li~hting levels on the exterior of the buildin~ are to pro- vide a minimum of one foot candle of minimum maintained il- lumination, evenly distributed, on the ground level from dusk until the termination of business each operating day. All exterior doors to buildin~s shall be equipped with an illumination device capable of providin~ a minimum of one foot candle of maintained illuminated at ~round level durin~ hours of darkness. (;Z.E~~ Q'::: &/~.;),-~ 0- "-T) Aisles, passageways, and recesses related to and within the project complex shall be illuminated with an intensity of a~.. least ..25 foot candles at the ~round level during the hours ..... of darkness. Open parkin~ lots and carports shall be provided with a minimum maintained one foot candle of light evenly distrib- uted on the parking surface during the hours of darkness. -Z:;,$ 'rid'....,.. /lbt/Z.. ,.",.c. r' ( ~P"~s . All exterior lighting devices are to be inaccessible to common reach or climbing and shall be protected by weather and vandalism resistant covers. All exterior lighting shall be projected so as to not cast light onto adjoining prop- erties. Interior night lighting shall be maintained in those areas that are visible trom the street (ground floor only). There shall be a minimum of 20 toot candles of illumination per square foot ot surface area adjacent to gas pumps. Parking lot poles will be shake proof so that li~hts cannot be damaged by shaking the pole. Light fixtures shall be positioned in such a manner so that "stray" light does not affect adjoining property owners. Interior night lighting shall be maintained in those areas that are visible from the street (ground floor only). 15. DOORS, LOCKS, AND WINDOWS: J Swinging exterior glass doors, wood or metal doors with glass panels, solid wood or metal doors shall be constructed or protected as follows: A) Wood doors shall be of solid core construction with a minimum t.hit":ll'nllClae: ^~ 1 ':tJAtI o o DRC/ERC DATE CASE CITY OF SAN BERNARDINO- STANDARD REQUIREMENTS 46. / 47. J POLICE DEPT BI Hollow metal doors shall be constructed a minimum equivalent to sixteen U.S. gauge steel and have suf- ficient reinforcement to maintain the designed thick- ness of the door when any locking device is installed such as reinforcement being able to restrict collapsing of the door around the locking device. CI The above doors shall contain a 190 degree view angle door viewer. Except when double cylinder deadbolts are utilized, any glass utilized within 40" of any door locking mechanism shall consist of laminated glass, tempered glass, wired glass or plastics. All swinging exterior wood and steel doors shall be equippe~.. as follows: ,. Al A single or double door shall be equipped with a double or single deadbolt. The bolt shall have a minimum pro- jection of I" and be constructed so as to repel cutting tool attack. No double cylinder deadbolt locks shall be installed on the front door. B) The deadbolt shall have an embedment of at least 1" into the strike receiving the projected bolt. The cylinder shall have a cylinder guard, a minimum of five pin tumblers, and shall be connected to the inner por- tion of the lock by connecting screws of at least 1/4" in diameter. The recommendation does not apply when panic hardware is required or an equivalent device is approved by the Building Code. C) The strike plate shall be a minimum of 3" in height and shall be secured to the jamb with a minimum of four 2-1/2" screws. Double doors shall be equipped as follows: A) The active leaf of double doors shall be equipped with metal flush bolts having a minimum embedment of 5/B" into the head and threshold of the door frame. Double doors shall have an astragal constructed of steel, a minimum of .125" thick, which will cover the opening between the doors. This astragal shall be a minimum of 2" wide and extended a minimum of 1" beyond the edge of the door to which it is attached. The astragal shall be attached to the outside of the active door by means of welding or with nonremovable bolts spaced apart on not more than 10" centers. o Q " . DRC/ERC DATE CASE POLICE DEPT CITY OF SAN BERNARDINO' STANDARD REQUIREMENTS 48. 49. -/- ,/ so. I 51. .; A~ exterior hinged doors are to open/swing outward. (/Z~I4~ ~; eO., Lt,), -' ~ 0,.. '"") Hinges for out-swinging doors shall be equipped with non- removeable hinge pins or a mechanical inner lock to preclude removal of the door from the exterior by removing the hinge pins. Windows A) All moveable windows shall be equipped with a locking device and shall be constructed in a fashion to re strict them from being lifted out of their tracks when in the closed position. B) All moveable windows shall also be equipped with an auxiliary locking device which prevents the window from being slid open (either vertically or horizon- tally) open while in the closed position. . ..... Garage type doors: (rolling overhead, solid overhead, swinging, sliding, or accordion style) A) The above described doors shall conform to the follow- ing standards: 1. Wood doors shall have panels a minimum of 5/16" in thickness with the locking hardware being at- tached to the support framing. 2. Aluminum doors shall be a minimum thickness of .0215" and rivet together a minimum of 18" on cen- ter along the outside seams. There shall be a full width horizontal beam attached to the main door structure which shall meet the pilot or pedestrian access door framing within 3" of the strike area of the pilot or pedestrian access door. 3. Fiberglass doors shall have panels a minimum den- sity of 6 ounces per square foot from the bottom of the door to a height of 7' and panels in residential structures shall have a density of not less than 5 ounces per square foot. B) Where sliding or accordion doors are utilized, they shall be equipped with guide tracks which shall be de- signed so that the door cannot be removed from the track when in the closed and locked position. C) Doors that exceed 16' in width shall have 2 lock receiving points; or, if the door does not Ay~ppn lQ'. j .9 0- q . DRC/ERC DATE CASE POLICE DEPT CITY OF SAN BERNARDINO' STANDARD REQUIREMENTS 56. I letters shall be a minimum of 6" in height and of a contras- ting color to the background. All numbering of units shall be in a sequential. logical order. ACCESS CONTROLS: 37. / ./ 58. An access control override device shall be provided for use by police department personnel to gain immediate access. Perimeter fencing or cross fencing shall be installed to prevent criminal movement or activity. The exterior business walls shall be posted with Municipal Code Section 9.52.070 relative to trespassing. . 'V The placement of outside public telephones shall be re~' stricted to an area immediately adjacent to the front of the store. RETAIL/CONVENIENCE STORES i9. / o. ~ Lockable cold beverage (beer) cases shall be locked at 2:00 a.m. No alcoholic beverages shall be displayed or stored in the front 2/3 of the customer area. Ice machines shall not be installed in front of store win- dows. The interior cashier/sales counter shall be located so it is visible from the building exterior. Tile fI_u. A.~A maid. tk_ """"t,&uL..~ 01.411 88 .leu.teet & ainilltta sf ift a.~""'u- LJ.'l: tl"",...... 841' +h_ ~U.iA9gB. Windows and counter/cash register area will not contain dis- plays/advertisements that block the visibility of the cashier from the outside of the store. A photo-electric beam across the entry door shall be installed to audibly notify or ring when customers enter the store. Utilization of outside intercom speakers is prohibited. o o DRC/ERC DATE CASE . CITY OF SAN BERNARDINO STANDARD REQUIREMENTS 52. / 53. ADDRESS ./ 54. / 55. / POLICE DEPT a single bolt may be used if placed in the center of the door with the locking point located either in the floor or in the door frame header. D) Overhead doors shall be equipped with slide bolts which shall be capable of utilizing padlocks with a minimum 9/32" shackle. 1. Slide bolt assemblies shall have a frame a mlnlmum of .120" in thickness, a bolt diameter a minimum of 1/2", and protrude at least 1 1/2" into the re- ceiving guide. A bolt diameter of 3/8" may be used in a residential building. 2. Slide bolt assemblies shall be attached to the door with bolts which are nonremovable from the exterior. Rivets shall not be used to attach such assemblies. . ...... E) Padlocks used with exterior mounted slide bolts shall have a hardened steel shackle a minimum of 9/32" in diameter with heel and toe locking and a minimum 5 pin tumbler operation. The key shall be nonremovable when in an unlocked operation. F) Doors utilizing a cylinder lock shall have a minimum of five pin tumbler operation with the bolt or locking bar extending into the receiving guide a minimum of I". Common walls shall be as sound proof as possible. All roof openings giving access to the bUilding shall be secured with either iron bars, metal gates, stamped metal or shall be alarmed and meet with the approval of the police department. NUMBERS Roof top address numbers shall be provided. They shall be a minimum of 3' in length and 2' in width and of contrasting color to the background. Numbers shall be placed parallel to the street address as assigned. The project shall display street address numbers placed in a prominent position as near the street as practical. Numbers shall be a minimum of 6" in height and of a contrasting color to the background. All individual units shall be clearly identified by numbers, letters, or a combination thereof. These numbers and . . o Q_ " . DRC/ERC DATE CASE POLICE DEPT CITY OF SAN BERNARDINO' STANDARD REQUIREMENTS 61. ALARM ./ SYSTEMS If the units are alarmed or wired for an alarm system, the buyer is to be notif'~d to contact the Police Department for an alarm permi t. OTHER REQUIREMENTS The placement of machinery (compressor equipment) shall be away from residential areas to abate the intensity of noise. . ..... ,0 o - " . DRC/ERC DATE CASE CXTY OF SAN BERNARDXNO STANDARD REQUXREMENTS POLXCE DEPT ADDITIONAL REQUIREMENTS: 62 . V PC<.. /%l /Z.k..-,J ~ ~PM~ 5,4,0",,- ,g; rhS//3~'; -j r/Y---_ /~ j,..,-;-:......L,I D~ - ,,_ 4r .Lhs:-r , p,v~ z,;~,U",..,,~- , I.e. ;;?c: r. ;?~4 . 4/,,- ~u/"-.),... t. ; S/'7'>l4u.. ,.:;x,,~u ~/"~/~;Jt:$ .A/'~I1.,..J S , ,/ r.J Z>r:><<,.e. s .. ,. o o ',~ CITY .OF SAN BERNARDINO PUBL~ WORKS/ENClR. CASE CUP 91-26 STANDARD REQUIREMENTS AGENDA ITEM 8 HEARING DATE , n-H-q, PAGE NOTE TO APPLICANT: Where separate Engineering plans are required, the applicant is responsible for submitting the Engineering plans directly to the Engineering Division. They may be submitted prior to submittal of Building Plans. Dra;nage and Flood Control All necessary drainage and flood control measures shall be SUbject to requirements of the City Engineer, which may be based in part on the recommendations of the San Bernardino 'Flood Control District. The developer's Engineer shall furnish all necessary data relating to drainage and flood control. A local drainage study will be required for the project. Any drainage improvements, structures or storm drains needed to miti- gate downstream impacts or protect the development shall be desi gned and constructed at the developer's expense. and ri ght- of-way dedicated as necessary. The development is located within Zone A on the Federal Insurance Rate Maps; therefore. a Special Flood Hazard Area Permit issued by the City Engineer shall be required. The development is located within Zone B on the Federal Insurance Rate Maps; therefore, all building pads shall be raised above the surrounding area as approved by the City Engineer. Comprehensive storm drain Project No. is master planned in the vicinity of your development. lh1S drain shall be designed and constructed by your project unless your Engineer can conclu- sively show that the drain is not needed to protect your develop- ment or mitigate downstream impacts. All drainage from the development shall be directed to an approved pUblic drainage facility. If not feasible. proper drain age facilities and easements shall be provided to the satisfac- tion of the City Engineer. Applicant shall mitigate on-site storm water discharge suffi- ciently to maintain compliance with the City's NPDES Storm Water Discharge Permit requirements. Eros;on Control ;3. 4. 5. 6. x x x x An Erosion Control Plan shall be approved by the City Engineer prior to grading plan approval. The plan shall be designed to control erosion due to water and wind. including blowing dust. duri ng all phases of construct; on. i nc1 udi ng graded areas whi ch are not proposed to be immediately built upon. o o .'.~~ ., CITY OF SAN BERNARDINO PUB'-IC WORKS/ENClR. CASE CUP 91-26 STANDARD REQUIREMENTS AGENDA ITEM HEARING DATE PAGE 8 lO-2Q-Ql a Grading 67. x 68. x 69. x 70. x 71. x 72. x If more than l' of fill or 2' of cut is proposed, the site/plot/ grading and drainage plan shall be signed by a Registered c;vn Engheer and a grading permH wnl be required. The gradhg plan shall be prepared ;n strict accordance wHh the CHy's "Grading Policies .nd Procedures" and the City's "Standard Drawings", unless otherwise approved by the City Engineer in advance. If more than gradi ng bond superv;sed in Bunding Code. 5,000 cubic yards of earthwork is proposed, a will be required and the grading shall be accordance wHh Section 7012 (c) of the Uniform A liquefaction report is required for the sHe. This report must be submi tted and approved pri or to issuance of a gradi ng permi t. Any gradi ng requi rements recommended by the approved liquefaction report shall be incorporated in the grading plan. An on-site Improvement Plan is required for this project. Where feasible, this plan shall be incorporated with the grading plan and shall conform to all requirements of Section 15.04-167 of the Municipal Code (See "Grading Policies and Procedures"). The on-site Improvement Plan shall be approved by the City Engineer. A reciprocal easement shall be recorded prior to grading plan approval if reciprocal drainage, access, sewer, and/or parking is proposed to cross lot lines, or a lot line adjustment shall be recorded to remove the interior lot lines. The project Landscape Plan shall be reviewed and approved by the Ci ty Engi neer prior to issuance of a gradi ng permi t. SubmH 4 copies to the Engineering Division for checking. An on-site Lighting Plan for the project shall be reviewed and approved by the City Engineer. This plan can be incorporated with the grading plan, or on-sHe improvement plan. if practical. A Landscape Maintenance District shall be implemented to maintain landscaping within the following areas: Separate sets of Landscape Plans shall be provided for the Landscape Maintenance District. ~o ,0 CITY OF SAN BERNARDINO PUBLIC WORKI/DIClR. CASE ("liD Q1_''; STANDARD REQUIREMENTS 8 10-29-91 3Cl ""- AGENDA ITEM HEARING DATE PAGE Uti H ti es 73. x Design and construct all public utilities to serve the site in accordance with City code, City Standard and requirements of the serving utility, including gas, electric, telephone, water, sewer and cable TV. 74. x Each parcel shall be provided with separate water and sewer faci- lities so it can be served by the City or the agency providing such services in the area. 75. X Sewer main extensions required to serve the site shall be con- structed at the Developer's expense. Sewer systems shall be designed and constructed in accordance with the City's "Sewer Policy and Procedures" and City Standard Drawings. 78. X Utility services shall be placed underground and easements pro- vided as required. X All existing overhead utilities adjacent to or traversing the site on either side of the street shall be undergrounded in accor dance with Section 19.20.030 lnon-subdivisions) or 19.30.110 (subdivisions) of the Development Code. Existing utilities which interfere with new construction shall be re located at the Deve 1 oper' s expense as d i rec ted by the City Engineer. 76. 77. X 79. X Sewers within private streets or private parking lots will not be maintained by the City but shall be designed and constructed to City Standards and inspected under a City On-Site Construction Permit. A private sewer plan desig-ned by the Developer's Engin- eer and approved by the City Engineer will be required. This plan can be incorporated in the grading plan, where practical. 80. X A "communication Conduit" shall be installed in all streets with- in and adjacent to this project. The conduit shall be dedicated to the City and its primary use shall be for Cable TV installed by the Cable TV Company under permit from the City of San Bernar- dino. i. 81. 82 83 84 85 86 87 CITY OF SAN RNARDINO PUBLIC, OMS/1NCMl CASE CUP 91-26 STANDARD REQUIREMENTS AGENDA ITEM 8 HEARING DATE 10-29-91 PAG 40 r Street Improvement and Dedications: X All public streets within and adjacent to ~he development shall be -improved to include combination curb and gutter, paving, handicap ramps, street lights, sidewalks and appurtenances, including, but not limited to, traffic signals, traffic signal modification, relocation of public or private facilities which interfere with new construction, striping, signing, pavement marking and markers, and street name signing. All design and construction shall be accomplished in accordance with the City of San Bernardino "Street Improvement Policy" and City "Standard Drawings., unless otherwise approved by the City Engineer. Street lighting, when required, shall be designed and constructed in accordance with the City's "Street Lighting Policies and Procedures". Street lighting shall be shown on street improvement plans except where otherwise approved by the City Engineer. -1--Fo~ the streets listed below, dedication of adequate street ri~ht-of-way (R.W.) to provide the distance from street centerline to property line and placement of the curb line (C.L.) in relation to the street centerline shall be as follows: X Street Name Right-of-Way (Ft. ) Curb Li ne (Ft. ) Highland Avenue 55' 43' Piedmont Drive 25' 18' Piedmont Drive right-of-way shall be 60' wide through the reversing curve North of Highland. X Improve Piedmont Orive fu1 width from Highland Avenue to existing Piedmont Drive, inc1udhg pavement, curb & gutter on both sides, street lights on both sides, sidewalk on East side only, striping and pavement markings, unless otherwise approved by the City I Engineer. X Install traffic signals at the intersections of Piedmont Drive and Highland Avenue, and at the ultimate location of the High1and/ Boulder intersection. X Highway 330 East of Boulder shall be realigned to match the ultimate location of the Highland/Boulder intersection. X A permi t from Ca ltrans wi 11 be requi red for all work in Hi gh1 and Avenue and Highway 330. CITY.OF SAN:. , ("'10 01 _?~ , STANDARD REOlIREMENTS AGENDA ITEM 8 HEARING DATE 1 n_?Q_Q1 Fi 88. ~If the project is to be developed in phases. each individual phase shall be designed to provide maximum public safety. conven- ience for public service vehicles. and proper traffic circulation. In order to meet this requirement. the following will be required prior to the finalization of any phase: a. Completion of the improvement plans for the total project or sufficient plans beyond the phase boundary to verify the feasibility of the design to the satisfaction of the City Engineer. b. A Plan shall be submitted for review and approval by the . Engineering Division, Fire. and Planning Departments indica- ting what improvements will be const'ructed with the given phase. subject to the following: (1) Dead-end streets shall be provided with a minimum 32-foot radius paved turnaround area, (2) Half width streets shall be provided with a minimum 28-foot paved width. (3) Street improvements beyond the phase boundari es. as necessary to provide secondary access, (4) Drainage facilities. such as storm drains, earth berms. and block walls. as necessary, the development from off-site flows. (5) A properly designed water system capable of providing required fire flow, perhaps looping or extending beyond the phase boundaries. channels. to protect (6) Easements for any of the above and the i nsta 11 ati on of necessary utilities. and (7) Phase boundari es sha 11 correspond to the lot 1 i nes shown on the approved tentative map. I. o o ClTY.OF SAN BERNARDINO PUBLIC WORK./..... , CASE CUP 91-26 STANDARD REQUREMENTS AGENDA ITEM HEARING ~~ 8 10-29-91 .., 89. Required Engineering Permits: 90. 91. x Grading permit (if applicable.). x On-site improvements construction permit (except buildings - see Planning and Building Services). includes landscaping. Off-site improvements construction permit. x Applicable Engineering Fees (Fees sUbject to change without notice) Plan check fee for Final/Parcel Map - $1.000.00 plus $30.00 per lot or parcel. 92. 93. I 94. 95. 96. 37. x Plan check and inspection fees for off-site improvements - 3~ and 2.5%, respectively, of the estimated construction cost* of off-site improvements. x Plan check and inspection fees for on-site improvements (except buildings - See Planning and Building Services) - U and U. respectively. of the estimated construction cost* of on-site improvements. incl~ding landscaping. Plan check and inspection fees for grading (if permit required) - Fee Schedule available from the Engineering Division. x x X Drainage fee in the amount of $13B.476.00 (Approx) Traffic system fee in the estimated amount of $246,530.00 Exact amount shall be determined by the City Traff1c Eng1neer at time of application for Building Permit. X Sewer connection fee in the amount..oi' (East Valley Water Dist) . *Estimated construction cost is based on schedule of unit prices on file with the City Engineer. 98 99 10 10 X 10 X 10 X 10 X 10 00 CITY OF SAN 'BERNARDINO PU8L~C WORKS/ENQR. CASE ~IIP Q1-,f\ STANDARD REQUIREMENTS AGENDA ITEM HEARING DATE PAGE 8 10-29-91 4~ ADDITIONAL REQUIREMENTS x If this project is approved after December I, 1991, it may be subject to requirements of the State mandated Congestion Management Program (CMP). Under the CMP, new projects which are hea vy tra ffi c genera tors wi 11 be requi red to prepare a Tra ffi c Impact Analysis (TIA) addressing impacts from the site, and requiring mitigations. Threshold levels at which prOjects will be requi red to prepare a T IA have not been fi na 1 i zed. Status information and details of the CMP can be obtained from the City Traffic Engineer at 384-5213. Off-site dedication for Piedmont Drive shall be obtained at Developer's expense prior to issuance of grading permit. x x An interim and final striping plan shall be required for Highland Avenue. A final striping plan ~1.1 be required for Piedmont Drive. Additional widening may be required along Highland Avenue at intersections and driveways to accommodate turn lanes. Such additional widenings shall be designed and constructed as approved by the City Engineer and Ca1trans. A storm drain is proposed to be constructed in Highland Avenue to serve as an outlet for drainage from this project. If the storm dra in is not comp 1 eted pri or to issuance of a gradi ng permi t, then detention basins shall be constructed in accordance with the City's Storm Drain Design Policy, if so directed by the City Engineer or Ca1trans. x A dedicated cul-de-sac street shall be constructed at the main entry Northerly of the Highland Avenue/Boulder intersection, if so directed by the City Engineer. The length, width and design of the cul-de-sac shall be as approved by the City Engineer. A raised median shall be constructed in Highland Avenue from Piedmont Drive (realinged) to Boulder Avenue. Design shall be as approved by the City Fngineer and Caltrans. The median shall be landscaped and irrigated in accord- ance with requirements of the Department of Parks and Recreation. Sidewalk per City Std. No. 202, Case "A" shall be constructed on the north side of Highland Avenue unless otherwise approved by the City Engineer l '2.n Bernardino City Water DepartmQ l' 1'1 ( iu ' ~ ./' .~ STANDARD REQUIREMENTS Date: Approved: Denied: Continued: Review of Plans: # CUP 91-26 Location: No. side of Hillhland Av.. East of Denair Ave. Type of Construction: To const. a multi-tenant Shotltlinll Center OwnerlDeveloper: ENGINEERING: 106 ~.s. I. o Name: c:::; h t' (\ ~ r ,:~ Yr\ fJ?,,u s I<. I' Date: .::;- - 1'-1 - t::t L- Size of Main Adjacent to the Project o Pressure Regulator Required on Customer's e Meter. o Off-site Water Facilities Requir eet Peak Flow Demand. o Comments: D Subject to the Rules & Regulations of the Water Department in effect at the time of Application for Water Service. 107 rr-This Area is Serviced by East Valley Water District and All Fees/Conditions will be Determined by their Engineering Department. WATER QUALITY CONTROL DEPARTMENT: 108 7f R.P.P. Backflow Device Required at Service Connection. Ie Double Check Backflow Device Required at Service Connection. = Air Gap Required at Service Connection. ~ No Backflow Device Required. Name:):"/f1t ,ll!c,..../c.:f Date: 5"./1(/ jq( 00 rn@rnuwrnlID HAY 1 5 1991 111 ENVIRONMENTAL CONTROL OFFICER: NameV/0t-~ p(.lndustrial Waste Permit Required by Environmental Control Officer. p(:"rarease Trap Required by Environmental Control Officer. :=! Pre-treatment Required by Environmental Control Officer. ifC.,No Regenerative Water Softeners May be Installed Without Prior Approval. C Approved by Environmental Control Officer. erN OF'SAN IEIINIUlOINO DEPAIlTMENT O!'~IHG . ,. W!'"l R,JvU!1- ''LJ 109 110 SEWER CAPACITY INFORMATION: Name: ,V (.; ~01llll.s c=... Date: .-rjt ~!91 112 c.J No Sewer Capacity Fee Applicable at This Time. jK Sewer Capacity Fee Must Be Paid to the City Water Department for the Amount of lOt 737 Gallons Per Day. Equivalent Dwelling Units: ..:3i. :l ~ Subject to Recalculation of Fee Prior to the Issuance of Building Permit. ~ Proof of Payment Must be Submitted to the Building & Safety Department Priorto Issuance of the Building Permit. 113 114 Breakdown of Estimated Gallons Per Day: 310,.;2.2.3 ,s.l'. (rd.,;,) x. , O~~ :: -4 H~fa"r6"+" ~<:-f'..l L.r. .""+....8 /~..I) ~';ID y I~ ;: 7,137 'f"'/dAy 3.&aJ r. ~ IC, 7~7 ~['. ~ h 'J' ~_'I ..c WATR.3.04 a.."...._'..c;.......<l;E!o, _216 c3-901 o o LOT LINE ADJUSTMENT CONDmONS OF APPROVAL EXHIBIT "C" o ,~ o Mr. Dave Mylnarski Lot Line Adjustment No. 91-23 August 19, 1991 Page 2 CONDITIONS OF APPROVAL L A certificate of compliance shall be recorded prior to issuance of building permits. 2. Subject to the attached Standard Requirements for the City of San Bernardino Public Works/Engineering Department. Respectfully, ri . ,"""' ! /'" .' -1l( "_" -o!v "lu.. ~.;...;... - 1.....,/ / "- John Montgomery, AICP Principal Planner , cc: Gatlin-Doerkin Development 12625 High Bluff Drive, Ste. 304 San Diego, CA 32130 Bill and Benita Buster 1399 Colton Avenue Redlands, CA 92373 Mike Grubbs Engineering Division Mark Hinkley Building and Safety Division JM:das lotlineapprv CITY OF SAN I~A"DINO P\.8L1C ~~'t~. . .- STANDARD REQUIREMENTS ~~~I~T! 8-15-91 ._--_.-.._...._.__.......~.- -..- r proJ.ct DlScri pti on: t.U9 9/-2-3 /!DJI.I5i ~~~~/::-~~N ;~_~t-~~I/ Date: f':f4~' ~~ Pr.par.d by: ~..;{,.- Ruined Iy: Page ---L- of pag'l AppHcant: &u... /IN!> !lt5N17Yf &,ere,t2. X A C.rtificat. of Compliance.;n a fol'll acceptable to the City Engin.er shall be recorded for the lot line adjustment. X . Applicable Engineering Fees* a) Checking Fee - $150.00 b) Recording Fee - Per County Recorder's Fee Schedule X /("" fea ~ ~~",~ ~HItt.I.- Be .e..seelAfO ,,~ p",u.t. J IAI rAV#t.. ~~ PM-G./!(.. 2. ;:1J12 ;ltze~ 1Mn.,A6E; :is'~~L AND (ff"1t.lnes. "'All fMI &1" subJect to cllang' wit1lout notice. - .":=e.','~ o PARCEL MAP CONDmONS OF APPROVAL EXHIBIT "D" o CITY OF SAN BERN DINO PLANNING AND BUILDING SERVICES DEPARTMENT CONDITIONS CASE OM 13892 AGENDA ITEM 4 HEARINGDATE 10-8-91 PAGE 11 r' """"l 1. The re'"le. authorltv ma'., upon arp}lcatJOn beinS' filed 30 davs prior to the pxrlratlon date and for good cause. grant one time extenslon not to exceed 12 month~. The revie~ authorltv shall ensure that the rroject cOllrlies ",ith all current Oe"eJoDment Code pro\-isions. 2. In the e ,. e n t t hat t his a r r r 0 ,. a 1 i s leg a I 1 ,. c h a 1 I e n g e d . the C i t \. ~ i I I r rom r t I ,- not i f \. the aD P I i can t. 0 fan ,. c I a I II 0 r act i on and ... i II coo r era t e fullv In the defense of the matter. Once notified. the arpllr.ant agrees t.o defend. indemnifv. and hold harmless the Clt.y. its officers. agents and employees from an" claim. action or proceeding against the City of San Bernardino. The applicant further agrees to reImburse the City of anr costs and attorneys' fees ~hich the City mav be required by a court to pa" as a resul t of such act ion. but sue h par tic i pat ion s h a I I not reI i e ,- e a 0 p lie ant 0 f his or her obligation under this condition_ 3 . No vacant. relocated. altered. reDalred or hereafter erected structure shal I be occuried or no change of use of land or structure's) !!hall be inaugurated. or no ne~ business commenced ns authorized bv this permi t unt i I a Cert i f i cate nf Occupanc,- has been issued b,' the OeDartment. A temporary Certificate of Occupancv mav be issued hv the Oerartment subject to the conditions imrosed on the use. provided that a deooslt is filed ~ith the Derartment of Public ~orks prior t.o the issuance of the Certificate of Occupanc". The deDoslt or security shall guarantee the faithful performanc.. and completion of all terms. conditions and performance sta'ndards imposed on the intended use bv this oermit. :.::.:.-=--== ~ Prior to the issuance of a Certificate of Occupanc,-, the lando~ner shall fIle a maintenance agreement or covenant and easement to enter and maintain. subject to the approval of the Cit'. Attornev. The agreement or covenant and easement to enter and maintain shall ensure that if the landowner. or subsequent owner! s). fa i Is to maintain the required/installed site imrrovements. the City will be able to file an aPDroDriate lienls) against the propertv in order to accomDlish the required maintenance. ...,j PLM-UI PAGE, OF 1 ,...., ~ - -. ~ ~ ~ CITY OF SAN BERNQINO PLANNING AND BUILDING SERVICES DEPARTMENT CONDITIONS CASE -<:f 13 892 AGENDA ITEM 4 HEARING DATE 10-8-91 PAGE 12 ... 4. The developer IS to submit a complete m~st.r landscape and i rrillatlon plan':; copies l for the entire development to the Public oorks Department ... i t h the r e Qui red fee for r e \. 1 e... . The I and sea p" plans ...ill be for...arded to th.. Parks. Recreation. and r. 0 m m u n 1 t \. S.. r \. ice san d the P I ann 1 n g D i \. i s i "n for re\.ie.... (Note: The issuance of a buildinf development Permit hv the Deoartm"nt of Plannin~ and Building Ser\'ices does not ...aive this reQui rement.) No gradi ng permi t (s) ...i II be issued prior to approval of landscape plans. The landscape and irriaation plans shall comph' ...i th the "Procedure and Policv for Landscape and Irriaation" (available from the Parks Deoartment '. and complv ...ith all applicable provisions of Chapter 19.28 (Landscaping Standards) of the Development Code effective on the date of aoproval of this permit. Trees are to be insoected b\' a representative of the Parks Department prior to plantina. (The following provision is applicable to single famil" homes.) Trees. shrubs and ground cover of a type and quality generally consistent or compatible ...ith that cbaracterizing single familv homes shall be provided in the front yard and that portion of the side yards ...hich are visible from the street. All landscaped areas must be provided ...ith an automatic irrillation svstem adeQuate to insure their viabilitv. The I~ndscape and irrillation plans shall be revie...ed as outlined above. ... ~'=:..lIl L ..... Pl.M-I.DI PaGE, OF , (..eel ?a~e 3 C'~ - ---, ~' CITY OF SAN BERNAOINO PLANNING AND BUILDING SERVICES DEPARTMENT ""'Il ... CONDITIONS CASE -0 13892 AGENDA ITEM HEARING DATE PAGE 4 10-8-91 13 ... ""II 5. T his per m i t (I r ..:. r. r' r (I \ - ~ 1 !.s !=: 11 h J Eo C t conditlC'nS or r",quiremenls of the Departments or DivIsions: to th... ~ttadlQrl f n 110'"' in f r it'" Fi re De~.artm"nt Parks. Recreation Services Department & Cnmmunlt'" Bui Iding Planning Department Sen'ices Di\'ision and Buildina of t hI' Se n" i c!'s Police Department Public Services (Refuse> Dppartment x Public .orks DeDartment (Engineering I .ater Department ~.=. -:-~ ~ PLAN-UI PAGE 1 OF 1 (...., .- --. ~ CITY OF SAN BERNO'NO PLANNING AND BUILDING SERVICES DEPARTMENT CONDITIONS CASE -0 13892 AGENDA ITEM HEARING DATE PAGE ., "- 4 10-8-91 14 F' ~ 6. This perm1t or approval 1S subject to all the applicable provisions of the Development Code in effect at the time of approval. This includes Chapter 19.20 - Property Development Standards. and includes: dust and dirt control durina construction and aradine activities; emission control of fumes. vapors. gases and other forms of air pollution; glare control; exterior I iehting desian and control; noise control; odor control; screenina: sians. off-street parkina and off-street loadina: and. vibration control. Screenina and sian reaulations compliance are important considerations to the developer because they will delay the issuance of a Certificate of Occupancy until they are complied with. Any exterior structural equipment. or utility transforaers. boxes. ducts or meter cabinets shall be architecturally screened by wall or structural elellent. blendina with the buildina desian and include landscapina when on the around. A sian proarall for all new commercia I. office and industrial centers of three or more tenant spaces shall be approved by the Department prior to the issuance of a Certi ficate of Occupancy. This requirement also includes any applicable Land Use District Development Standards for residential. commercial and industrial developments reearding minimum lot area. minimum lot depth and width. minimum setbacks. maximum height. maximum lot coveraae, etc. This de\'elopment sha] 1 h~ reQuired to maint.ain a minimum of ______. __ standard off-st.reet "arkinii' spaces as shown on the approved planls) on file. '" ~C.'C _ ~ 'MiEl~l n-_.-=_:- ~ ,...., CONDITIONS CASE -OM 13892 AGENDA ITEM HEARING DATE PAGE 4 lU-~-~l 15 CITY OF SAN BERN INO PLANNING AND BUILDING SERVICES DEPARTMENT r "'I 7. A COllposlte Development Plan ICJ1P' shall be filed with the Public Ioiorks and Planning and Building Services Departments prior to Final or Parcel Map processing b" the Cit", The COP shall pro"ide additional surve" and map information including. but not limited to. building criteria fi.e. setbacks'. flood control criteria. seismic and geological crIteria. environmental criteria and easements of record. The COP ~hal ) ne laneled with the title "Composite Development Plan". and cDntain a section entitled "COP Notes" The applicant sha! I have listed under the CDP notes section the followin~ conditions or mitigatin~ measures required for the development of th~ subiect propert~.: Conditions 9,10,11,.12,13,14,15,16 8 . liithin two years of this approval. the filina of the final lIap or parcel lIap with the Council shall have occurred or the approval shall become null and void. Expiration of a tentative map shall terminate all proceedinas and no final map or parcel map shall be filed without first processing a new tentative map. The City Engineer must accept the final lIap or parcel lIap documents as adequate for approval by Council prior to forwarding them to the City Clerk. The date the map shall be deemed filed with the Council is the date on which the City Clerk receives the map. The review authority lIay. upon application filed 30 days prior to the expiration date and for aood cause. arant an extension to the expiration date pursuant to Section 19.66.170 of the Development Code and the State Map Act. Proj ect: Parcel Map No. 13892 ------------------------------------------ Expiration Date: October 8, 1993 ---------------------------------- "- _CJ....~ --- ..... PL.AHoUI PAGE 1 OF 1 l4otOJ ? a t':€ 6 c: '7 CITY OF SAN BERN INO PLANNING AND BUILDING SERVICES DEPARTMENT CASE ..:) 13892 CONDITIONS AGENDA ITEM HEARING DATE PAGE 4 10-8-91 16 , r~ndltinn~ of Aoornv,31 ., 9. No structures for human sccupancy shall be built north of the "Revised structural setback Line". Said setback line is described as follows: "A line connecting a point located 50 feet south of the northern end of Trench FT-l and a point located 3S feet south of the shear zone noted at ) + 2S feet in Trench FT-2 (a~ shown on Plate 1 of the reportl, as reviewed in the Field with the City Geologist, Dr. Floyd Wllli,3ms. 10. The shear zone located in FT-2 was marked in the field by a vertical metal fence pole located approximately 30 feet south of the existing fence line. The position of the shear shall be surveyed so as to accurately locate the setback line. 11. In the interest of safety, the exploratory fault trenches were backfilled after they were examined and logged. The potential for settlement of the fault trench backfill exists at the site. Prior to construction, the trenches shall be reexcavated, and recompacted under the supervision of a geotechnical consultant, if not previously removed by depth of proposed cut. 12. Seismic design shall be In accordance with the seismic code provision for the city of San Bernardino and the latest edition of the Uniform Building Code. The seismic accelerations contained in the text of the geologic evaluation (including the information contained in Appendix D of the evaluation) of the site shall be incorporated into the structural design of the building. 13. An evaluation of the potential for seismically induced settlement shall be completed and submitted to the Engineering Department and Building and Safety Division for review and approval. The evaluation shall consider the seismicity information presented in Appendix D of the geologic evaluation report along with information obtained from a site specific geotechnical evaluation. All recommendations of the approved evaluation of seismically induced settlement concerning grading and foundation design shall be complied with. 14. Should any conditions be encountered during development that appear in any way to be different from those described in the geologic evaluation report completed by Leighton and Associates, a qualified geologist shall be notified concerning appropriate recommendations and mitigation. ... CfT'O'CJ'_._~ c:.E""",,,"~OfnIoC.--c.Is PLAN.8,og P4GE 1 01= . 14.91:' r . . CITY OF SAN BERtODINO PLANNING AND BUILDING SERVICES DEPARTMENT to.. CONDITIONS CASE -OM 13892 AGENDA ITEM 4 HEARING DATE 10-8-91 PAGE 1 7 -, 15. The Highland Ditch shall be avoided by development, if practicable, subject to review and approval of the Director of Planning and Building Services with input from the on- site archaeologist. The only exception to this requirement is the extension of Piedmont Avenue which will bisect a previously altered section of the Ditch. 16. Grading in the area of the former original resi~ential structures of the Noyes and Randall families and in the area of the estimated location of the City Creek Ditch shall be monitored by qualified archaeologists to recover artifacts and further document the extent of subsurface remains not visible in the surface survey. 17. The proposal shall include redesign and reconstruction of the Highland Avenue at Boulder Avenue intersection to ensure adequate lane configuration for handling interim and ultimate traffic volumes at the intersection. 18. For Highland Avenue at Boulder Avenue and the new dedicated street (Piedmont realignment), a conceptual signing/striping plan shall be submitted and is subject to the approval of the City Traffic Engineer. The concepts shall show the proposed interim and the ultimate lane configurations and signage, including road width requirements. 19. Restriping of Highland Avenue at Boulder Avenue and Piedmont realignment at interim and ultimate, based on approved plans. Ill... PLAN.8m PAGE 1 OJ: . 14.90' ClT'oO#_..........., CliHTR.Al "'omlOC.~""ClS - CITY OF SAN()ERNARDINO PUBL~OR~f~~' STANDARD REQUIREMENTS ~~~~PN~16~~E 10-:-91 PAGE 18 NOTE TO APPLICANT: Where separate Engineering plans are required. the appllcant is responsible for submitting the Engineering plans directly to the Engineering Division. They may be submitted prior to submittal of Building Plans. Drainage and Flood Control All necessary drainage and flood control measures shall be sUbject to requirements of the City Engineer. which may be based in part on the recommendations of the San Bernardino Flood Control District. The developer's Engineer shall furnish all necessary data relating to drainage and flood control. :0. 1. 2. x A local drainage study will be required for the project. Any drainage improvements. structures or storm drains needed to miti- gate downstream impacts or protect the development shall be designed and constructed at the developer's expense, and right- of-way dedicated as necessary. The development is located within Zone A on the Federal Insurance Rate Maps; therefore. a Special Flood Hazard Area Permit issued by the City Engineer shall be required. The development is located within Zone B on the Federal Insurance Rate Maps; therefore. all building pads shall be raised above the surrounding area as approved by the City Engineer. Comprehensive storm drain Project No. is master planned in the vicinity of your development. ThlS drain shall be designed and constructed by your project unless your Engineer can conclu- sively show that the drain is not needed to protect your develop- ment or mitigate downstream impacts. x All drainage from the development shall be directed to an approved public drainage facility. If not feasible, proper drain age facilities and easements shall be provided to the satisfac- tion of the City Engineer. Applicant shall mitigate on-site storm water discharge suffi- ciently to maintain compliance with the City's NPDES Storm Water Discharge Permit requirements. x 3. Erosion Control x An Erosion Control Plan shall be approved by the City Engineer prior to grading plan approval. The plan shall be designed to control erosion due to water and wind, including blowing dust. during all phases of construction. including graded areas which are not proposed to be immediately built upon. CITY OF SA~ERNARDINO PUBL'5::~~{8~' STANDARD REQUIREMENTS AGENDA ITEM 4 HEARING DATE 10-8-91 PAGE 1 9 ,. Grading 24. x 25. x If more than I' of fill or 2' of cut is proposed, the site/p1ot/ grading and drainage plan shall be signed by a Registered Civil Engi neer and a gradi ng permi t wi 11 be requi red. The gradi ng plan shall be preparea in strict accordance with the City's "Grading Policies and Procedures" and the City's "Standard Drawings", unless otherwise approved by the City Engineer in advance. 5,000 cubic yards of earthwork is proposed, a wi 11 be requi red and the gradi ng shall be accordance wi th Secti on 7012 (c) of the Uni form If more than gradi ng bond supervised in Building Code. A liquefaction report is required for the site. This report must be submi tted and approved pri or to issuance of a gradi ng permit. Any grading requirements recommended by the approved liquefaction report shall be incorporated in the grading plan. An on-site Improvement Plan is required for this project. Where feasible, this plan shall be incorporated with the grading plan and shall conform to all requirements of Section 15.04-167 of the Municipal Code (See "Grading Policies and Procedures"). The on-site Improvement Plan shall be approved by the City Engineer. A reciprocal easement shall be recorded prior to grading plan approval if reciprocal drainage, access, sewer, and/or parking is proposed to cross lot 1 i nes, or a lot 1 i ne adjustment shall be recorded to remove the interior lot lines. The project Landscape Plan shall be reviewed and approved by the City Engineer prior to issuance of a grading permit. Submit 4 copies to the Engineering Division for checking. An on-si te Li ghti ng P1 an for the project shall be revi ewed and approved by the City Engineer. This plan can be incorporated with the grading plan, or on-site improvement plan, if practical. A Landscape Maintenance District shall be implemented to maintain landscaping within the following areas; Separate sets of Landscape Plans shall be provided for the Landscape Maintenance District. 26. 27. 28. 29. 30. 31. 32. 33. CITY OF SAti.. JERNARDINO PUBll\.. WORK~/~. () ::> CASE ?M 13892 STANDARD REQUlREMENT$ ~~~~~~16~~E 10-~-91 PAGE 20- r Ut;1ities x Desi gn and construct all publ i c uti 1 i ti es to serve the si te in accordance with City code, City Standard and requirements of the serving utility, including gas, electric, telephone, water, sewer and cable TV. x Each parcel shall be provided with separate water and sewer faci- lities so it can be served by the City or the agency providing such services in the area. x Sewer main extensions required to serve the site shall be con- structed at the Developer's expense. Sewer systems shall be designed and constructed in accordance with the City's "Sewer Policy and Procedures" and City Standard Drawings. Utility services shall be placed underground and easements pro- vided as required. All existing overhead utilities adjacent to or traversing the site on either side of the street shall be undergrounded in accor dance with Section 19.20.030 (non-subdivisions) or 19.30.110 (subdivisions) of the Development Code. x x x Existing utilities relocated at the Engineer. which interfere with new construction shall be Developer's expense as directed by the City x Sewers within private streets or private parking lots will not be maintained by the City but shall be designed and constructed to Ci ty Standards and inspected under a Ci ty On-Si te Constructi on Permit. A private sewer plan designed by the Developer's Engin- eer and approved by the Ci ty Engi neer wi 11 be requi red. Thi s plan can be incorporated in the grading plan, where practical. A "communication Conduit" shall be installed in all streets with- in and adjacent to this project. The conduit shall be dedicated to the City and its primary use shall be for Cable TV installed by the Cable TV Company under permit from the City of San Bernar- dino. x 4 . 5. 6. 7. 8 . 9 . o. CITY OF SA" .J~HNAHUINU PVb~t\... ... '"""^:>/~. 1:J CASE PM 13892 51 ANDARD REOUIREMENT9 ~~~~~ 16~~E 10-~-91 PAGE Mapp;ng x A Final/Parcel Map based upon field survey will be required. x All street names shall be subject to approval of the City Engineer prior to Map approval. Additional survey and map information including, but not limited to, building setbacks, flooding and zones, seismic lines and set- backs, geologic mapping and archeological sites shall be filed with the City Engineer in accordance with Ordinance No. MC-592. x Improvement Complet;ons x Street, sewer, and drainage improvement plans for the entire pro- ject shall be completed, subject to the approval of the City Engineer, prior to the recordation of the Final/Parcel Map. If the required improvements are not completed prior to record- ation of the Final/Parcel Map, an improvement security accom- pani ed by agreement executed by the developer and the Ci ty wi 11 be required. x If the required improvements are not proposed to be completed prior to recordation of the Parcel Map, a deferred improvement agreement in accordance with Section 19.30.160 of the Development Code will be required. If the agreement is approved, an improvement certificate shall be placed on the Parcel Map stating that the required improvements will be completed upon develop- ment. App1 i cab1 e to Parcel Maps consi sti ng of 4 or 1 ess parcel s only. x Street light energy fee to pay cost of street light energy for a peri od of 4 years. Exact amount to be determi ned pri or to map recording. x All rights of vehicular ingress/egress shall be dedicated from the following streets: Reciprocal sewer, drainage, utility, access and parking rights shall be reserved over Parcels 1 through 8. ; ..,..;ji....' -......~h CASE PM 13892 STANDARD ~QUlREMENTS ca~~~~16~~E 10_R4_Ql PAG 22 -. . ~, w~.. ... ill.. .". ...._.... _.. w........ ,1. Street Improvement and Dedications: X All public streets within and adjacent to ~he development shall be -improved to include combination curb and gutter, paving, handicap ramps, street lights. sidewalks and appurtenances, including, but not limited to, traffic signals, traffic signal mOdification, relocation of public or private facilities which interfere with new construction, striping. s1gning. pavement marking and markers, and street name signing. All design and construction shall be accomplished in accordance with the City of San Bernardino "Street Improvement Policy" and City "Standard Drawings", unless otherwise approved by the City Engineer. Street lighting, when required, shall be designed and constructed in accordance with the City's "Street Lighting Policies and Procedures". Street lighting shall be shown on street improvement plans except where otherwise approved by the City Engineer. 2 . X For the streets listed below, dedication of adequate street -right-of-way (R.W.) to provide the distance from street centerline to property line and placement of the curb line (C.L.) in relation to the street centerline shall be as follows: Street Name Right-of-Way (Ft.) 55' 25' Curb Line (Ft.) 43' lB' Highland Avenue Piedmont Drive 3. X Piedmont Drive shall be 60' wide through the reversing curve North -Of Highland Avenue. 4 . X Improve Piedmont Drive full width from Highland Avenue to existing Pi edmont Dri ve, i ncl udi ng pavement, curb & gutter on both si des. street lights on both sides, sidewalk on East side only, striping and pavement markings. 5 . -2- I~stall traffic signals at the intersection of Piedmont Drive and! Hlghland Avenue, and at the ultimate location of the Highland I Avenue/Boulder Avenue intersection. X Highway 330 East of Boulder shall be realigned to match thel -ultimate location of the intersection of Highland/Boulder. I 6. 7. X A permit from Caltrans will be required for all work in - Avenue and Hi ghway 330. CITY OF SA~8EANARDINO PUBlIC WOftKS/1NQfl I -' _. CASE PM 1 38 9 2 "....' STANDARD REQUIREMENTS AGENDA ITEM HEARING DATE PAGE 4 10-8-91 2 Required Engineering Permits: 18. x Grading permit (if applicable.). On-site improvements construction permit (except buildings - see Planning and Building Services), includes landscaping. 19. x Off-site improvements construction permit. Applicable Engineering Fees (Fees subject to change without notice) iO. x Plan check fee for rinal/~arcel Map - $1,000.00 plus $30.00 per lot or parcel. 31. X Plan check and inspection fees for off-site improvements - 3% and 2.5%, respectively, of the estimated construction cost* of off-site improvements. Pl an check and i nspecti on fees for on-si te improvements buildings - See Planning and Building Services) - U respectively, of the estimated construction cost* of improvements, including landscaping. 32. X Plan check and inspection fees for grading (if permit required) _ Fee Schedule available from the Engineering Division. (except and U, on-site Drainage fee in the amount of Traffic system fee in the estimated amount of Exact amount shall be determined by the City Trafflc Englneer at time of application for Building Permit. Sewer connection fee in the amount of *Estimated construction cost is based on schedule of unit prices on file with the City Engineer. STANDAR9REQUlREMENTO CASE - y "~ d ., ~ AGENDA ITEM HEARING DATE F'AGE 4 10-8-91 24 >3. X Off-site dedication for Piedmont Drive shall be obtained prior to map recording at subdivider's expense. ;4. X An interim and final striping plan shall be required for Highland Avenue. A final striping plan shall be required for Piedmont Drive. ;5. X Additional widening may be required along Highland Avenue at intersections and driveways to accommodate turn lanes. Such additional widenings shall be designed and constructed as approved by the City Engineer and Caltrans. _ w. o o VARIANCE CONDITIONS OF APPROVAL EXHIBIT "E" Attac;..ment HC-2" , CAS~~UP 91-26/ VAR 91-16 DA 91-02 AGENDA ITEM 8 HEARING DATE 10-29-91 PAGE 175 ,.. CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES DEPARTMENT ... CONDITIONS P" ..... 1. r:onstructlon shall be in substantial conformance with the plan( s) approved bv the Dir<c"tor. Development Review Co....ittee. Planning Com..isslon or Mavor and Common Council. Minor modification to the plan(s) shall be subject to approval bv the Director throufh a minor modification permit process. Anv ..odification which exceeds 10% of the following allowable measurable desil1n/site considerations shall require the refiling of the original application and a subsequent hearing bv the appropriate hearing review authority if applicable, 1. On-site circulation and parking. loading and landscaping: 2. Placement and/or height of walls. fences and structures: 3, Reconfiguration of architectural features. including colors. and/or modification of finished materials that do not alter or co..promise the previously approved theme: and, 't. A reduction in density or intensit\' of a development project. 2. Within one year of development approval, commencement of construction shall have occurred or the permit/approval shall become null and void. In addition. if after commencement of construction. work is discontinued for a period of one Year. then the permit/approval shall become null and void. Projects may be built in phases if preapproved bv the review authority. If a project is built in preapproved phases. each subsequent phase sha II have one year from the previous phase' s date of construction commencement to the next phase's date of construction commencement to have occurred or the permit/approval shall become null and void. Pro'ect: Variance No. 91-16 J ___________________________________________ Expi ration Date: _..as... d..t..W-rutd.J:!y_jl.iLv.iLl.9.PJ:ll~J'Lt_____ Agreement No. 91-02 ~ &llnIl'.A=- Ii PUN-UI PaGE 1 OF 1 14-lOl Page I of 7 CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES DEPARTMENT CAS P 91-26/VAR DA 91-U2 8 1U-29-91 176 91-16 CONDITIONS AGENDA ITEM HEARING DATE PAGE u)-'-___. The review authority lIa~'. upon application beinr filed 30 days prior to the expiration date and for good cause. grant one tille extension not to exceed 12 1I0nths. The review authority shall ensure that the project cOllplies with all current Developllent Code provisions. 4. In the event that this approval is legallv challenged. the City will prollptly notify the applicant of any claill or action and will cooperate fully in the defense of the lIatter. Once notified. the ~pplicant agrees to defend. indellnifv. and hold harmless the City. its officers. agents and ellployees froll 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 lIav be required bv a court to pay as a resul t of such action. but s~ch participation shall not relieve applicant of his or her obliration under this condition. _.5_______ No vacant. relocated. altered. reoaired or hereafter erected structure shall be occupied or no chsnie of use of land or structure1sl shall be inauiurated. or no new business commenced as authorized by this per.it until a Certificate of Occupancy has been issued b~' the Department. A tellporary Certificate of Occupancy may be issued bv the Depart.ent subject to the conditions imposed on the use. provided that a deposit is filed with the Depart.ent of Public Works prior to the issuance of the Certificate of Occupancy. The deposit or security shall iuarantee the faithful performance and completion of all terms. conditions and performance standards i.posed on the intended use by this permit. .... =:.=..c. I Prior to the issuance of a Certificate of Occupancy. the landowner shall fi Ie a maintenance aireement or covenant and easement to enter and .aintain. subject to the approval of the City Attornev. The aireement or covenant and easement to enter and lIaintain shall ensure that if the landowner. or subsequent owner1s). fails to mainta.in the required/installed site improvements. the City will be able to file an appropriate lienls) against the property in order to accomplish the required .aintenance. I'UlNo&l>> ,_ lOF , _ Page : of 7 tIl . CITY OF SAN BE RDINO PLANNING AND BUILDING SERVICES DEPARTMENT CAS CUP 91-26 VAT) ql-l!; DA 91-02 8 10-29-91 177 CONDITIONS AGENDA ITEM HEARING DATE PAGE r 6. The developer is to submit a complete master landscape and irriiation plan (5 copies) for the entire development to the Public Works Department with the required fee for review. The landscape plans will be forwarded to the Parks. Recreation. and Communi ty Services and the Plannini Division for review. (Note: The issuance of a building development Permit bv the Department of Plannini and Buildini Services does not waive this requirement.) No ~radini permit(s) will be issued prior to approval of landscape plans. The landscape and irriiation plans shall comply with the "Procedure and Policy for Landscape and Irriiation" (available from the Parks Department). and comply with all applicable provisions of Chapter 19.28 (Landscapini Standards) of the Development Code effective on the date of approval of this permit. Trees are to be inspected b,' a representative of the Parks Department prior to plantini. (The followini provision is applicable to single family homes.) Trees. shrubs and iround cover of a type and Quality ienerally consistent or compatible with that characterizini single family homes shall be provided in the front yard and that portion of the side yards which are visible from the street. All landscaped areas must be provided with an automatic irriiation system adequate to insure their viability. The landscape and irriiation plans shall be reviewed as outlined above. ~ :::.:.& .... I'UNo&IlI ._ 1 OF 1 (4-10) Page 3 of 7 ~ CONDITIONS CAS CUP AGENDA ITEM HEARING DATE PAGE 91-26/VAR 91-16 DA 91-02 8 10-29-91 178 CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES DEPARTMENT ~ 7. This permit or approval is subject to all the appl icable provisions of the Development Code in effect at the time of approval. This includes Chapter 19.20 - Property Development Standards. and includes: dust and dirt control during construction and grading activities; emission control of fumes. vapors. gases and other forms of air pollution; glare control; exterior lighting design and control; noise control; odor control; screening; signs. off-street parking and off-street loading; and. vibration control. Screening and sign regulations compliance are important considerations to the developer because they will delay the issuance of a Certificate of Occupancy until they are complied with. Any. exterior structural equipment. or utility transformers. boxes. ducts or meter cabinets shall be architecturally screened by wall or structural element. blending with the building design and include landscaping when on the ground. A sign program for all new commercial. office and industrial centers of three or more tenant spaces shall be approved by the Department prior to the issuance of a Certificate of Occupancy. This requirement also includes any applicable Land Use District Development Standards for residential. commercial and industrial developments regarding minimum lot area. minimum lot depth and width. minimum setbacks. maximum height. maximum lot coveraae, etc. 8 . Many of the Conditions of Approval and standard Requirements imposed upon this project state or imply that the Developer is responsible for construction, which the City will agree to construct for the Developer under Development Agreement No. 91-02. However, these issues are adequately addressed In Development Agreement No. 91-02. The Development Agreement shall supercede and control any inconsistent provisions of the Conditions of Approval and Standard Requirements imposed upon this project upon adoption of Development Agreement No. 91-02 by Resolution. .... ...j :;;":'~n..4~ PL.AN.a.DI PAGE 1 OF 1 10.<<>) ?? ~e 5 (" f ~ - o o MITIGATION MONITORING PROGRAM EXHIBIT "F" .~ - . M~GATION REPORTING / MONIT~NG PLAN FOR CUP 91-26, PARCEL MAP 13892, DEVELOPMENT AGREEMENT 91-02 INTRODUCTION: In compliance with public Resource code, Section 21081.6 (enacted by passage of AB3180 (Cortise)), public agencies approving projects which ma~ cause significant environmental impacts must monitor the m~tigation of those impacts. This Mitigation Reporting / Monitoring Plan, prepared for WAL-MART STORES, INC. ensures implementation of the mitigation measures adopted by the Planning Commission in approving the Mitigated Negative Declaration. MITIGATION MEASURES AND REPORTING / MONITORING ACTIVITIES Prior to beginning construction, the applicant shall furnish the city Planning Department with a checklist chart to use in tracking the miti9ation monitoring and reporting activities. The chart shall l~st each mitigation measure, monitoring or reporting action and be ruled into columns that are designed to record responsible agency, dates of completion, inspector or other certifying person and the person recording. the information. EARTH RESOURCES MITIGATION MEASURES - SEISMIC No structures for human occupancy shall be built north of the "Revised Structural Setback Line". Said setback line is described as follows: "A line connecting a point located 50 feet south of the northern end of Trench FT-l and a point located 35 feet south of the shear zone noted ate) + 25 feet in Trench FT-2 (as shown on Plate 1 of the report prepared by Leighton and Associates, Inc. titled: "GEOLOGIC EVALUATION OF FAULTING, PROPOSED WAL-MART DEVELOPMENT, NORTHWEST CORNER OF HIGHLAND AVENUE AND BOULDER AVENUE, SAN BERNARDINO, CALIFORNIA, November 8, 1990, as reviewed in the field with the city Geologist, Or. Floyd Williams. The shear zone located in FT-2 was marked in the field by a vertical metal fence pole located approximately 30 feet south of the existing fence lint. The position of the shear shall be surveyed so as to accurately locate the setback line. Prior to construction, the exploratory fault trenches shall be reexcavated, and recompacted under the supervision of a geotechnical consultant, if not previously removed by depth of proposed cut. Seismic design shall be in accordance with the seismic code provision for the City of San Bernardino and the latest edition of the Uniform Building Code. The seismic accelerations contained in the text of the geologic 4 . o 0 , evaluation (inclUding the i~formation co~tained in Ap~endix D of the evaluation) of the s1te shall be 1ncorporated 1nto the structural design of the building. An evaluation of the potential for seismically induced settlement shall be completed and submitted to the Engineering Department and Buildin9 and Safety Division for review and approval. The evaluat10n shall consider the seismicity information presented in appendix D of the geologic evaluation report along with information obtained from a site specific geotechnical evaluation. All recommendations of the approved evaluation of seismically induced settlement concerning grading and foundation design shall be complied with. Should any conditions be encountered during development that appear in any way to be different from those described in the geologic evaluation report com~leted by Leighton and Associates, a qualified geolog1st shall be notified concerning appropr1ate recommendations and mitigation. EARTH RESOURCES REPORTING / MONITORING ACTION - SEISMIC Prior to issuance of 9rading permits, setback lines shown on the Geologic and Seism1c Report shall be surveyed and clearly marked so that no encroachment can take place. said survey shall be filed with the Department of Building and Safety, Engineering Department, and Planning Department, and incorp- orated into the project file in the City Planning Department. Prior to issuance of occupancy permits, inspection for compliance with the perameters of the "Recommendations" section of the "Geologic Evaluation of Faulting, Proposed WAL-MART Development, Northwest Corner of Highland Avenue And Boulder Avenue, San Bernardino, California, dated November 28, 1990, prepared by Leighton and Associates; the seismic code provision for the City of San Bernardino, and the latest edition of the Uniform Building Code shall be made complete and submitted in writing to the Department of Building and Safety, and incorporated into the project file in the City planning Department. EARTH RESOURCES MITIGATION MEASURES - EARTH MOVEMENT The proposed project grading operations will result in approximately 20,000 cubic yards of cut and approximately 30,000 cubic yards of fill. An earth moving operation of this size will result in potential impacts on the physical environment (drainage, erosion, etc.) and on the community, (dust, noise, etc.). Engineering Department standard Req~i~e~ents.pertain~ng to the complian~e of all grading act1v1t1es w1th Sect10n 7012 (c) of the Un1form Building Code ~ 4 o 0 will reduce these potential impacts to insignificance. EARTH RESOURCES REPORTING / MONITORING ACTION MOVEMENT, Prior to the issuance of grading permits, the applicant shall submit written approval of the city Public Services Department for a truck hauling route and dust control methods. Such written approval shall be noted on the file check list and the ap~roval shall be incorporated into the project file in the c~ty Planning Department. EARTH AIR RESOURCES MITIGATION MEASURES - HIGH WIND HAZARD The proposed development is within the City's high wind hazard area. Building and Safety Department Standard Requirements regarding the design of the roof and structure to withstand 110 mile per hour winds will reduce impacts to a level of insignificance. AIR RESOURCES REPORTING / MONITORING ACTION Upon final acceptance of the developer's work in meeting the Buildin~ and Safety Department Standard Requirements concern~ng the design of roofs and structures to withstand 110 mile per winds, the City Building and Safety De~artment shall notify the Planning Department in writ~ng of compliance. The notice of compliance shall be incorporated into the project file in the City Planning Department. WATER RESOURCES MITIGATION MEASURES The development of the 30+ acres of the site with a shopping center and associated parking will result in a change in absorption rats, drainage patterns, and in the rates and amount of surface runoff due to changes in the amounts of permeable surfaces. Engineering Department Standard Requirements concerning the conveyance of drainage runoff to approved drainage facilities will apply. WATER RESOURCES REPORTING / MONITORING ACTION Upon final acceptance of the developer's work in meeting the Engineering Department's Standard Requirements concerning conveyance of site runoff and drainage to an approved drainage facilitr" the City Engineering Department shall notify the Plann~ng Department in writing of compliance. The notice of com~liance shall be incorporated into the project file in the C~ty Planning Department. ~ ItI o 0 LAND USE MITIGATION MEASURES - FIRE The site is located within Foothill Fire Zone "C". Project compliance with Chapter 19.;5 ~f the Development Code apply and will reduce the potent~al ~mpacts resulting from fire hazards to a level of insignificance. LAND USE - FIRE / MONITORING ACTION Upon acceptance of the developer's work in construction of buildings in compliance with the provisions of Chapter 19:15 of the Development Code, the Building and safety Department shall notify the city Planning Department in writing of compliance. The Planning Department shall retain such notice in the project file. HOUSING MITIGATION MEASURES - REMOVAL The project entails the removal of one existing single-family structure located on the site in the southwest corner. This structure is less than 45 years old and is not significant. The developer shall obtain the necessary building permits for demolition and removal of the structure. HOUSING - REMOVAL / MONITORING ACTION Upon issuing the proper demolition permits for the removal of the structure and upon acceptance of the developer's work, the Building and Safety Department shall notify the city Planning Department in writing of compliance with the permit. The Planning Department shall retain such notice in the project file. TRANSPORTATION/CIRCULATION MITIGATION MEASURES - VOLUME The project will result in a si~nificant increase in traffic volumes on the roadways and lntersections near the subject site. A site specific traffic impact study of the proposal was prepared by Linscott, Law & Greenspan, Engineers, and was reviewed by the City Traffic Engineer. To reduce the potential traffic impacts to a level of insignificance, the following requirements will be included as project conditions of approval. 1, The project shall include redesign and reconstruction of the Highland Avenue at Boulder Avenue intersection to insure adequate lane configuration for handling interim and ultimate traffic volumes at the intersection. 2. Signalization of the Highland Avenue /Boulder Avenue intersection. .!l ~. o 0 3. signalization of Highland Avenu~ at the new dedicated street (Proposed piedmont Avenue rea11gnment). 4. For "ighland Avenue at Boulder Avenue dedicated street (Piedmont realignment), signing/striping plan, shall be submitted and the approval of the C1ty Traffic Engineer. shall show the proposed interim and the configurations and signage. including requirements. and the new a conceptual is subject to The concepts ultimate lane road width 5. Restripping of Piedmont realignment approved plans. 6. Payment of traffic systems fee. Highland Avenue at Boulder at interim and ultimate, Avenue and based on TRAFFIC/CIRCULATION - VOLUME / MONITORING ACTION Upon acceptance of the develo~er's work, the Engineering Department shall notify the C1ty Planning Department in writing of compliance. The Planning Department shall retain such notice in the project file. LAND USE MITIGATION MEASURES CULTURAL RESOURCES - HISTORICAL SITE DESTRUCTION The project site is located archaeological resources. inventory, and evaluation of Archaeological Consulting. The survey revealed that the project area is associated with individuals and features of local historic significance. The ~roject area was first developed by William H. Randall, a prom1nent figure in the develo~ment of early irrigation systems and citrus agriculture 1n the early 1880's, along with his brother-in-law, William T. Noyes. within an area A cultural the site was of concern for resource survey, prepared by Macko There are what appear to be a few remnants of the irrigation system, currently known as the Highland Ditch, developed by these two pioneers. However, much of the Highland Ditch was improved in 1940, thus altering its integrity. Limited impact could potentially result to the Highland Ditch from the extension of Piedmont Avenue. This impact should not be considered a significant impact since the extension of piedmont will occur to an altered section of the Highland Ditch. Potential impacts to historic artifacts in and around the remains of the residential structures associated with the Noyes and Randall family could result from grading. o o To reduce potential impacts to a level of insignificance, the following mitigation applies. 1. The Hi9hland Ditch shall be avo~ded by developme~t, with the except~on of the extension of p~edmont Avenue wh~ch will bisect a previouslY altered section of the Ditch. 2. Grading in the area of the former original residential structures of the Noyes and Randall families and in the area of the estimated location of the city creek Ditch shall be monitored by qualifie~ archaeologists to recover artifacts and further document the extent of subsurface remains not visible in the surface survey. cULTURAL RESOURCES - HISTORICAL SITE DESTRUCTION / MONITORING ACTION Upon final acceptance of the developer's work in implementing a program to preserve the Highland Ditch except in the area of the piedmont Avenue crossing, and the collection and preservation of historic artifacts in the area of the Noyes and Randall family structures and the area of the city creek Ditch, the Engineering De~artment shall notifY the city planning Department in wr~ting of compliance. The planning Department shall retain said notification of compliance in the project file. Any outside archaeologist called in to evaluate any buried cultural artifacts found durin9 grading or construction shall keep a log book of his activit~es. copies of said log record shall be given to the planning Department. The planning Department shall retain said log records in the project file. CONCLUSION This Mitigation Monitoring / Reporting Program shall be retained by the city in the planning project File for conditional Use permit No. 91-26, Parcel Map No 13892 and Development Agreement No. 91-02. As various mitigation measures are fully implemented, their completion should be documented by appropriate notation on the checklist provided specifically for this project. When all measures have been confirmed as com~leted on the checklist, this Reporting / Monitoring Plan ~s complete. - o o CERTIFICATE OF COMPLIANCE EXHIBIT "G" o RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: o CERTIFICATE OF COMPLIANCE The City of San Bernardino, a municipal corporation, hereby certifies as follows: Section 1. This Certificate of Compliance will constitute a conclusive determination of satisfaction of the agreements, covenants, and obligations of GatlinlDoerken Developments and its successors and assigns, as provided in that certain Development Agreement entered into between the City of San Bernardino and Gatlin/Doerken Developments, as those agreements, covenants and obligations relate to the herein described real property. Section 2. The real property to which this Certificate of Compliance relates is that certain land located in the City of San Bernardino, County of San Bernardino, State of California, which is more particularly described as follows: (Insert Legal Description of parcels covered by this Certificate of Compliance) DATED AND ISSUED THIS _ day of ,19_, City of San Bernardino, a municipal corporation By: CITY OF SAN BERtnDINO PLANNING 0 AND BUILDING SER~ES DEPARTMENT ( . CASE CUP. 91-26/VAR 91- LOCATION DA 91-02 HEARING DATE 10-29-'l1 AGENDA ITEM # 8 t(l,\ .., .\11. ..... G . .. - :.=.~.~~= PLAN-I.11 PAGE' OF 1 104000) Attachment 3 CITY OF SAN BOARDINO PLANNING AND BU1LOG SERVICES DEPARTMENT -... INITIAL STUDY ... , Initial Study for Bnvironmental Impacts For Conditional Use Permit No. 91-26, Parcel Map No. 13892, and Development Agreement No. 91-02 Project Description/Location: To construct a multi-tenant shopping center with 310,283~ square feet of retail space and four restaurants (one or more of which may be fast food drive- through) totalling 18,000 square feet on 30+ acres located on the north side of Highland Avenue at the termination of Boulder Avenue approximately 400 feet east of Oenair Avenue. The project includes a parcel map to subdivide the 40+ acre site and a Development Agreement to govern the development of the center. Date August 29, 1991 Prepared for: Sierra Engineering 25864 Business Center Drive, Suite "F" Redlands, CA 92374 Prepared by: Michael R. Finn Associate Planner City of San Bernardino Planning Department 300 North "D" Street San Bernardino, CA 92418 ~~~~ l. P\.AN-I.D7 PAGE 1 OF 1 ("'101 4. _ o 0 INITIAL STUDY FOR CONDITIONAL USE PERHIT NO. 91-26, Parcel Hap No. 13892, and Development Agreement No. 91-02 Intyoductlon This Initial study is provided by the City of San Bernardino for Conditional Use Permit No. 91-26, Parcel Hap No. 13892, and Development Agreement No. 91-02. It contains an evaluation of potential adverse impacts that can occur if the project is developed. The California Environmental Quality Act (CEQA) requires the preparation of an Initial study when a project must obtain discretionary approval from a governmental agency and it is not exempt from CEQA. The purpose of the Initial study is to determine whether or not a project not exempt from CEQA qualifies for a Negative Declaration or whether or not an Environmental Impact Report (EIR) must be prepared. The following components constitute the Conditional Use Permit No. 91-26, Parcel Development Agreement No. 91-02: Initial Study Hap No. 13892, for and 1. 2. 3. 4. 5. Project Description Site and Area Characteristics Environmental Setting Environmental Impact Checklist Discussion of Environmental Heasures Technical Reports prepared for Conclusion Evaluation and Hitigation 6. 7. the proposed project Combined, these components constitute the complete Initial Study for Conditional Use Permit No. 91-26, Parcel Hap No. 13892, and Development Agreement No. 91-02. Pro1ect n@~crlntlon Conditional Use Permit No. 91-26 is a request to construct a multi-tenant shopping center with 310,283~ square feet of retail space and four restaurants, one or more of which may be a fast food drive-through restaurant, totalling 18,000 square feet. The retail area of the shopping center includes provisions for two large anchor tenants (77,500 square feet or greater) and several minor tenants (24,000 square feet or less). The request also includes Parcel Hap No. 13892 to subdivide 40.29 acres, into 2 residential parcels and 8 commercial parcels. The 8 commercial parcels comprise the shopping center site. The 2 residential parcels are to be developed as multi-family residential under a separate future application. _ JII o 0 conditional u~e Permit No. 91-26 Parcel Hap No. 13892 Development Agreement No. 91-02 Initial Study August 29, 1991 Development Agreement No. 91-02 is a request to enter into a development agreement with the city to govern the terms of development of the shopping center applied for by Conditional Use Permit No. 91-26. Slt@ and Ar@a Characteristics The irregularly shaped site is comprised of 40.29 acres and slopes to the south at approximately 3 to 5 percent. With the exception of one single-family residential structure located in the southwest portion of the site fronting Highland Avenue, the site is vacant and characterized by weedy vegetation, shrubs, and grasses. The project area was used as a citrus orchard for the greater portion of the past 110 years. Little remains in terms of the nature and distribution of natural vegetation and resources. The site is bordered on the south by Highland Avenue, and on the east by State Highway 330. Adjoining land uses include a mobile home park and single-family homes to the north, single- and multi-family development to the west, and single-family development across Highland Avenue to the south. Environmental s@ttln9 The site is located within the AlqUist-Priolo Special Studies Zone, High Wind Hazard Area and Fire Zone "C". The proposal is also located within an area of concern for archaeological resources as identified by the General Plan, Section 3.0, Figure 8 . - - r' CITY OF SAN SeOARDINO PLANNING AND SUILcCt SERVICES DEPARTMENT .... ENVIRONMENTAL IMPACT CHECKLIST , A. BACKGROUND Application Number: C U. P q I, - Z (0 , PM l:,e't '2.. . 1>A ~ \ - 0 "2- , . Project Description: 3\0 J 2'<33 t <:;Q Fr ~\.Il..T\ - Tt::.\l,AtrJ, $~N6- c€,,/rcR iAJ iT t-f '-l ~c::,rA\AQ~N~ ('NCL.wOit\l6 I OR. ~c fJbr r~ QQ,tlc-7ite",') ,Cj"J\i,I^J&- I~ 000 ~}A~ ft::6\ A~a ~"t=> ,(Nt) C~i161..':~MCNT J\6f<cSt/lllM"T , , Location: I>U)~ Sicr 0= H/6rllAttJD AvGvuf"n (Hi W'.k:.MirJ-f?-(U,.,J ifF 'i301U...'O.:R AvcfllU~ LiDO FtXf f-A5r DF Dt::'N"I~. AV~).J.~ / Environmental Constraints Areas: AL..Qu<S" - ?(< I C;.i....O I H I&H I).),"'D PI RlS ~IE , .( ,\ 'C. , ~H-A-e:~C6{C4-/.... .~ ()F CON,~~1 , General Plan Designation: ~ f,. -/ I 1".1..i'mI'X '*-t'o{ +l.- G t?N eRA-\... j Rc~\D~(\lT,,\(... M~\u"'" Zoning Designation: t't. - -I . c. ~M. t:.RJ:.-1 4-t.. C~~ CML- . , I I(. €.S I DlC:(\JT, ~i.- 14EtH v.M R./IA ) ~tV\) B. ENVIRONMENTAL IMPACTS Explain answers, where appropriate. on a separate allached sheet. 1. EIInh R880Urce. Will the proposal resu. in: a. Earth movement (cut and/or liII) 0110,000 cubic yards or more? Ves No Maybe X X )( X b. Development and/or grading on a slope greater than 15% natural grade? c. Development within the Alquist.Priolo Special Studies Zone as delined in Section 12.0 . Geologic & Seismic, Figure 47, 01 the City's General Plan? d. Mod~ication 01 any unique geologic or physical leature? e. Development within areas delined lor high potential lor water or wind erosion as ident~ied in Section 12,0. Geologic & Seismic, Figure 53, 01 the City's General Plan? y: )( I. Mod~ication 01 a channel, creek or river? .... ~~._-=-:=- PLAN-l.oe PMiE 1 OF _ (11.gol - .:. , C 0 g. Development within an area subject to landslides, Yes No Maybe mudslides, liquefaction or other similar hazards as identffied in Section 12.0 - Geologic & Seismic, X Figures 48, 52 and 53 of the City's General Plan? h. OIher? )( 2. Air ReRuroee: Will the proposal resuit in: a. Substantial air emissions or an affect upon ambient X air quality as defined by AQMD? b. The creation of objectionable odors? X c. Development within a high wind hazard area as identHied in Section 15.0. Wind & Fire, Figure 59, of the City's X General Plan? 3. Water Raaouroee: Will the proposal resuit in: a. Changes in absorption rates, drainage pallems, or the rate and amount of surface runoff due to )< imparmeable surfaces? b. Changes in the course or flow of flood waters? X c. Discharge into surface waters or any aiteration X of surface water quality? d. Changa in the quantity of quality of ground water? X e. Exposure of people or property to flood hazards as identified in the Federal Emargency Management Agency's Flood Insurance Rate Map, Community Panel Number 060281 O~., . &, and Section 16.0- Y Flooding, F'lgure 62, of 1he City's General Plan? f. OIher? )( 4. Biological Raaources: Could the proposal resuit in: a. Development within the Biological Rssources Management Overlay, as identHied in Section 10.0 - Natural Resources, F'lgure 41, of the City's X General Plan? b. Change in the number of any unique, rare or endangered spacias of plants or their habitat including X s1ands of trees? c. Change in the number of any unique. rare or )( endangered spacies of animals or their habitat? d. Removal of viable, maturetr..s? (6. or grealer) 'J( e. OIher? X 5. No"': Could tha proposal resuit in: a. Devalopment of housing, heaith care facilities, schools, libraries, religious facilities or other "noisa. sansitive uses in areas whare existing or future noise levels exceed an Ldn of 85 dB(A) exterior and an Ldn of 45 dB(A) interior as identified in Section 14.0 - Noise, Figures 14-6 and .)(. 14.13 of the City's General Plan? ~ -"'" ::.&.~..rL .. PLAH-UI PAGE2M_ (11-1O) 0 0 ..... 10. Public Services: Will the proposal impaclthe following Yes No Maybe beyond the capabilny to provide adequate levels of s.rvice? a. Fir. protection? 'X' b. Police protection? y., c. Schools (i.... atIendance, boundaries, overload, etc.)? X d. Parks or oth.r recreational facilnies? Y .. Medical aid? X f. Solid Wast.? X g. OIher? ''j- 11. Utllhle.: Willth. proposal: a. Impactth. following beyond th. capabilny to provide adequ8le lev.ls of service or require th. construction of new facilnies? 1. Natural gas? '>/ 2. Eleclricny? X 3. Wat.r? 'X 4. S.wer? X 5. OIher? X b. R.su. in a disjoin1ad patI.m of utilny .xtensions? X c. Require th. construction of new facilnies? 'f. 12. Aeathetlca: a. Could the proposal resu. in the obstruction of any Y' scenic vi.w? b. Will the visual impacl of the project be detrim.mal 'X to the surrounding area? c. OIher? y 13. CuhurIIl Reaourcn: Could th. proposal resu. in: a. Th. ..eration or destruction of a prehistoric or historic archaeological sn. by dev.lopm.n1 wnhin an archaeological senlnive area as id.n1Kied in Section y 3.0 . Historical. Figur. 8, of th. eny's Gen.ral Plan? b. A..ration or destruction of a historical sne, structur. or object as listed in th. cny'l Historic R.sources y" Reconnaissance Surv.y? c. OIher? X Ii... I ~=-=== Pl.AN-I. PAGE. OF (11.10) - - ,. 14. "'ndatory '2dlnga of Slgn"lcance (Section 15065) , 0 The CalWornia Environmental Quality Ad stetes that n any of the following can be answered yes or maybe. the project may have a signnicant effect on the environment and an Environmental Impact Report shall be prepared. Yes No Maybe a. Does the projec:l have the potential to degrade the quality of the environment, aubstantially reduce the habitat of a fish or wildlWe species, cause a fish or wildlife populetion to drop below se' sustaining levels. thraaten to eliminate a plant or animal oommunity. reduce the number or restrict the range of a rare or endangared plant or animal or eliminsta important examples of the major periods 01 California history or prehistory? b. Does the projec:l have the polential to achieve short- term, to the disadvantage 01 long-term, environmental goals? (A short.term impact on the environment is one which oc:curs in a relatively brief. definitive period of time while long-term impacts will endure well into thelulure.) )<' x c. Does the projec:l have impacts which are individually Iimked, but cumulatively oonsiderable? (A projec:l may impact on two or more separate resources where the impact on each resource is relatively small, but where th. effect of the total of those impacts on the er.vironment is signnicanl.) d. Does the projec:l have environmental effects which will causa substantial adverse effects on human beings. ekher directly or indirectly? 'X '/.- C. DISCUSSION OF ENVIRONMENTAL EVALUATION AND MITIGATION MEASURES (Attach sheets as n_sary.) 5~ E:. An ~ iJ) .. r.::.=..:=.=== ~ PL,AN.I.DI PAGE 5 OF _ (11.10) - o o Conditional Use Permit No. 91-26 Parcel Map No. 13892 Development Agreement No. 91-02 Augus~ 22, 1991 C. DISCUSSION OF ENVIRONMENTAL IMPACTS AND MITIGATION MEASURES 1. Earth Resources a. The project will involve the movement of greater than 10,000 cubic yards of earth. preliminary estimates indicate the proposal will result in approximately 20,000 cubic yards of cut and 30,000 cubic yards of fill (a total earth movement of approximately 50,000 cubic yards). An earth moving operation of this magnitude will result in potential impacts on the physical environment (drainage, erosion, etc.) and on the community (dust, noise, etc.). Engineering Department Standard Requirements pertaining to the compliance of all grading activities with Section 7012 (c) of the Uniform BUilding Code will reduce these potential impacts to a level of insignificance. c. The proposal will result in development within the Alquist- Priolo special Study Zone. A geologic evaluation of faulting on the site was prepared by Leighton and Associates, Incorporated, and was reviewed by the City Geologist, Dr. Floyd Williams. The evaluation report was determined by Dr. Williams, to meet the requirements of the Alquist-Priolo Special Studies Act. Faulting and Methods of Investigation The active southern splay of the San Andreas Fault passes immediately to the north of the subject property, off-site. Methods for fault evaluation included a review of available vertical stereoscopic aerial photographs, geologic and seismic maps and geotechnical reports, and excavation, geologic logging and backfilling of two fault trenches 12 to 15 feet in depth and 550 feet and 100 feet long respectively. Results A weakly developed shear zone was found at 0 + 25 feet in Fault Trench No.2 (FT-2) at the northeast end of the site. Because of the shear's lack of strong development, it is not considered a primary trace of the southern splay of the San Andreas fault, as observed on aerial photography of the site. The shear is surmised to be a secondary fracture lying south of, but near the major break. No other signs of faulting were noted in the two trenches. Based upon previous work, the aerial photo analysis, and the above noted trench observations, Leighton and Associates o o conditional Use permit NO. 91-26 Parcel Map No. 13892 Development Agreement No. 91-02 August 22, 1991 C. DISCUSSION OF ENVIRONMENTAL IMPACTS AND MITIGATION MEASURES conclude that the active southern splay of the San Andreas fault is located off-site, north of the northern end of both fault trenches, immediately adjacent and sub-parallel to the northeastern property line. Potential Impacts to Development Because of the known proximity of known active faults, the site will be subject to severe seismic shaking during the life of the proposed project. Leighton and Associates prepared a probabilistic analysis of potential ground motions at the site due to possible earthquakes on nearby faults. The analysis indicates that there is an approximately 63 percent probability that a peak ground acceleration exceeding 0.75g will occur at the site during the next 100 years. The probability of the occurrence of secondary seismic hazards such as liquefaction and , lurching, seismically induced flooding is considered low. Mitigation To reduce potential impacts resulting from the proximity of the site to the southern splay of the San Andreas fault to a level of insignificance, the following mitigation measures have been included as project conditions of approval: 1. No structures for human occupancy shall be built north of the "Revised Structural Setback Line". Said setback line is described as follows: "A line connecting a point located 50 feet south of the northern end of Trench FT-l and a point located 35 feet south of the shear zone noted at ) + 25 feet in Trench FT-2 (as shown on Plate 1 of the report), as reviewed in the Field with the City Geologist, Dr. Floyd Williams; 2. The shear zone located in FT-2 was marked in the field by a vertical metal fence pole located approximately 30 feet south of the existing fence line. The position of the shear shall be surveyed so as to accurately locate the setback line; 3. In the interest of safety, the exploratory fault trenches were backfilled after they were examined and logged. The potential for settlement of the fault trench backfill exists at the site. Prior to construction, the trenches shall be reexcavated, and recompacted under the supervision of a geotechnical o o Conditional Use Permit No. 91-26 Parcel Map No. 13892 Development Agreement No. 91-02 . August 22, 1991 C. DISCUSSION OF ENVIRONMENTAL IMPACTS AND MITIGATION MEASURES consultant, if not previously removed by depth of proposed cut; 4. Seismic design shall be in accordance with the seismic code provision for the City of San Bernardino and the latest edition of the Uniform Building Code. The seismic accelerations contained in the text of the geologic evaluation (including the information contained in Appendix D of the evaluation) of the site shall be incorporated into the structural design of the building; 5. An evaluation of the potential for seismically induced settlement shall be completed and submitted to the Engineering Department and Building and Safety Division for review and approval. The evaluation shall consider the seismicity information presented in Appendix D of the geologic evaluation report along with information obtained from a site specific geotechnical evaluation. All recommendations of the approved evaluation of seismically induced settlement concerning grading and foundation design shall be complied with. 6. Should any conditions be encountered during development that appear in any way to be different from those described in the geologic evaluation report completed by Leighton and Associates, a qualified geologist shall be notified concerning appropriate recommendations and mitigation. 2. Air Resources c. The proposed development hazard area. Building Requirements regarding the to withstand 110 mile per a level of insignificance. is within the City's high wind and Safety Department Standard design of the roof and structure hour winds will reduce impacts to 3. Water Resources a. The development of 30+ acres of the site with a shopping center and associated parking will result in a change in absorption rates, drainage patterns, and in the rates and amount of surface runoff due to changes in the amounts of permeable surfaces. Engineering Department Standard Requirements concerning the conveyance of drainage and runoff to approved pUblic drainage facilities will apply. - - o o conditional use permit No. 91-26 parcel Map No. 13892 Development Agreement No. 91-02 August 22, 1991 C. DISCUSSION OF ENVIRONMENTAL IMPACTS AND MITIGATION MEASURES c. The proposal will not generate any point source wastewater discharges. Non-point source pollutants in the form of road oil, sediment, etc., will be generated, but the development of this site is not expected to cause any significant adverse alteration in storm water quality from the shopping center site based on a comparison with other development in the area. No mitigation is necessary since the potential for adverse impact is not considered significant. 5. Noise b. Development of the shopping center is not expected to generate noise levels of sufficient magnitude to be considered an adverse impact to nearby residential developments. proposed uses for the shopping center are comprised of retail and restaurant uses only, with no high noise generating uses proposed. The center is expected to generate some noise from the loading areas at the rear of the retail stores, at the northern end of the site, however, the center is separated from the residential development to the north by a 15 to 20 foot grade difference, a 20 foot landscaped greenbelt buffer and 220 feet or more of vacant residentially designated land. Mitigation is not necessary because the potential for adverse impact is not considered significant. 6. Land Use a. The proposal will result in a change in the land use designation of portions of the site from RM, Residential Medium to CG-1, Commercial General through the adjustment of the existing land use boundaries. However, the adjustment will take place within the provisions of General plan policies 1.7.4 and 1.7.21, requiring that the following findings be made before the adjustment may take place: 1 . That there is no significant intrusion into residential neighborhoods; 2. That vehicular access is restricted to the commercial frontage; and, 3. That such modification is subject to public review. Failure proposal to make these findings will result in denial of the to adjust the land use boundaries. Mitigation is ~ - - o o Conditional Use Permit No. 91-26 Parcel Map No. 13892 Development Agreement No. 91-02 August 22, 1991 C. DISCUSSION OF ENVIRONMENTAL IMPACTS AND MITIGATION MEASURES considered unnecessary since the potential for adverse impacts is not significant. b. The site is located within Foothill Fire Zone "C". project compliance with Chapter 19.15 of the Development Code apply and will reduce potential impacts resulting from fire hazards to a level of insignificance. 8. Housing a. The proposal will result in the removal of one single-family structure located on the site in the southwest corner. However, this structure is less than 45 years old and is not significant. Project conditions of approval have been included requiring the developer to obtain the necessary building permits for demolition and removal of the structure. 9. Transportation/Circulation c. The project will result in a significant increase in traffic volumes on the roadways and intersections near the subject site. A site specific traffic impact study of the proposal was prepared by Linscott, Law & Greenspan, Engineers, and was reviewed by the City Traffic Engineer. The shopping center is expected to produce an additional 18,620 trips (9,310 inbound, 9,310 outbound) on a daily basis, with 735 of these occurring in the morning peak hours (445 arriving, 290 departing) and 1,605 trip ends generated during the afternoon peak hours (790 entering, 815 exiting). These values represent net added traffic, including adjustments for paSS-by trips. Adverse conditions were also evident during the morning peak hour for westbound left turn and right turn impeded movements at the intersection of Highland Avenue/City Creek (State Highway 330) and Boulder Avenue. Using the Highway Capacity Manual method of analysis for unsignalized intersection, the project traffic was determined to have the potential for a significant impact at both the Highland Avenue/City Creek (State Highway 330) and Boulder Avenue north and south intersections. To reduce potential traffic impacts to a level of insignificance, the following requirements will be included as project conditions of approval: ~ , o ,0 Conditional Use Permit No. 91-26 Parcel Map No. 13892 Development Agreement No. 91-02 August 22, 1991 C. DISCUSSION OF ENVIRONMENTAL IMPACTS AND MITIGATION MEASURES 1. The proposal shall include redesign and reconstruction of the Highland Avenue at Boulder Avenue intersection to ensure adequate lane configuration for handling interim and ultimate traffic volumes at the intersection; 2. signalization of the Highland Avenue/Boulder Avenue intersection; 3. signalization of Highland Avenue at the new dedicated street (i.e. proposed Piedmont realignment);. 4. For Highland Avenue at Boulder Avenue and the new dedicated street (Piedmont realignment), a conceptual signing/striping plan shall be submitted and is subject to the approval of the City Traffic Engineer. The concepts shall show the proposed interim and the ultimate lane configurations and si~nage, including road width requirements; 5 . Restriping of Highland Avenue Piedmont realignment at interim approved plans; and, at Boulder Avenue and and ultimate, based on 6. Payment of traffic system fee (estimated at $246,530). Amount to be paid, if any, will be clarified in the Development Agreement. d. The import of soil of 10,000+ cubic yards of soil to the site during grading operations could result in potential temporary impacts to present traffic circulation patterns. Project conditions of approval requiring the applicant to contact the Public Services Department for the establishment of approved truck routes for the import of soil to the site will reduce potential impacts to a level of insignificance. 13; Cultural Resources b. The proposal is located archaeological resources. inventory, and evaluation on Archaeological Consulting. within A the an area of concern for cultural resource survey, site was prepared by Hacko Results The survey, inventory, and evaluation resulted in the determination that the project area is associated with - 41. , o o . Conditional Use Permit No. 91-26 Parcel Map No. 13892 Development Agreement No. 91-02 August 22, 1991 C. DISCUSSION OF ENVIRONMENTAL IMPACTS AND MITIGATION MEASURES individuals and features of local historic significance. The project area was first developed by William H. Randall, a prominent figure in the development of early irrigation systems and citrus agriculture in the early 1880's, along with his brother-in-law, William T. Noyes. There are what appear to be a few remnants of the irrigation system, currently known as the Highland Ditch, developed by these two pioneers. However, much of the Highland Ditch was improved in 1940, thus altering its integrity. The City Creek Ditch is known to have coursed through the project area near the former residences and provided some of the first irrigation and domestic water in the 1880's. However, no evidence of the City Creek Ditch was found in the surface survey. Traces of structures built by Noyes and his family were evident during the survey. The remains of the historic residential structures appearing to date to the 1880's exist in the eastern one-third of the project area, in addition to intact remains of a complex irr1gation network evident throughout the project area, but which were apparently build and used by Noyes and/or Randall's descendants. Impacts to Archaeological Resources Limited impact could potentially result to the Highland Ditch from the extension of Piedmont Avenue. This impact should not be considered a significant impact since the extension of Piedmont will occur to an altered section of the Ditch. Potential impacts to historic artifacts in and around the remains of the residential structures associated with the Noyes and Randall families could result from grading. Mitigation To reduce potential impacts to a level of insignificance, the following mitigation applies: 1. The Highland Ditch shall be avoided by development, if practicable, subject to review and approval of the Director of Planning and Building Services with input from the on-site archaeologist. The only exception to this requirement is the extension of Piedmont Avenue which will bisect a previQusly altered section of the Ditch. - j o ,0 conditional u~e permit No. 91-26 Parcel Map No. 13892 Development Agreement No. 91-02 August 22, 1991 C. DISCUSSION OF ENVIRONMENTAL IMPACTS AND MITIGATION MEASURES 2. Grading in the area of the former original residential structures of the Noyes and Randall families and in the area of the estimated location of the City Creek Ditch shall be monitored by qualified archaeologists to recover artifacts and further document the extent of subsurface remains not visible in the surface survey. ~. .4 'r D. DETERMINATION C ), "'II On the basis of this in~ial study, o The proposed project COULD NOT have a signWicanteffect on the environment and a NEGATIVE DECLARA- TION will be prepared. r-vThe proposed project could have a signWicant effect on the environment, atthough there will not be a signWicant l..!.::l .ritect in this case because the m~igation measures described above have been added to the project. A NEGATIVE DECLARATION will be prepared. o The proposed project MAY have a signWicant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. ENVIRONMENTAL REVIEW COMMITTEE CITY OF SAN BERNARDINO, CALIFORNIA .:rMolI1f)~DH<<Jr . &1I1<!/Af&. lloiWA/&e Name and Trtle ' ~~~ S' ture Date: o/d1 /9/ I f ~~~.= ~ ... PLAN-ILDI PMIE_OF_ 1"-10)