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HomeMy WebLinkAbout34- Public Works CITY OF SAN BERN RDINO - REQUEST r )R COUNCIL ACTION File No. 7.01-29 Authorization to Execute Agreement From: ROGER G. HARDGRAVE Subject: with Caltrans & Stubblefield Con- struction Co. - Access for Parcel Dept: Public Works North of Highland Avenue, and east of Route 330 Date: 2-08-93 Synopsis of Previous Council action: 05-18-87 -- Recommendation from the Legislative Review Committee, on provision of access to property abutting Route 330 , approved. 10-02-87 -- Draft Freeway Agreement for Route 30/330 referred to Transportation Committee for review and recommendation. Recommended motion: Adopt resolution. cc: Shauna Clark Al Boughey Will Wright Jim Penman Signature Contact person: Roger G. Hardgrave Phone: 5025 Staff Report, Agreement Supporting data attached: & Resolution Ward: 4 FUNDING REQUIREMENTS: Amount: N/A Source: (Acct. No.) (Acct. Description) Finance: Council Notes: r� �?L 5-3 75-0262 Agenda Item No. _ CITY OF SAN BERN ' IDINO - REQUEST F 'R COUNCIL ACTION STAFF REPORT page 1 of 2 There is a parcel north of Highland Avenue, and east of Route 330 , that is owned by the Stubblefield Construction Co. Caltrans is in the process of acquiring a portion of this parcel to accommodate the improvement of Route 330 . Access to this parcel has historically been provided by a rectangular box culvert under Route No. 330 , commonly referred to as the Barnes undercrossing , and a private access road to the north. This private access road terminated at a gate in the fence along the Route 330 highway. Caltrans will be constructing a public street from Highland Avenue north to this parcel . Primary access to this parcel will be provided by this street, referred to as the "East Frontage Road, " in the proposed Agreement. However, a second means of access is required by the City ' s Development Code for any new development. • The proposed Agreement provides , in general, that the City will accept the East Frontage Road and Secondary Access (private access road) as legal conforming access to allow development of this parcel . Furthermore , that the City will accept both roads for maintenance, and will not abandon either road without consent of the property owner. Since Route 330 has been upgraded to freeway status , Caltrans cannot allow a gate at the intersection with the Secondary Access Road. However, Caltrans recognizes that the fence will be breached if it ever became necessary to use the Secondary Access Road during an emergency. The Barnes Undercrossing has been replaced by a metal plate arch culvert, specifically designed to accommodate a fire engine. Provision for access will need to be agreed on, before Caltrans can settle on the value of the portion that they are acquiring for improvement of Route 330 . During review of this Agreement by staff, the City Attorney ' s office requested that the following clause be added: "l . Consideration In addition to the mutual covenants and conditions in this Agreement, the consideration for this Agreement is a credit to the City ' s account, in the amount of $100 , 000 , against any Judgement which is ultimately entered in favor of the Developer and against the City, or any agreed settlement, in San Bernardino County Superior Court Civil Action No. 242998 ( "Judgement" ) ; provided, however that if the Judgement is less than $100 , 000 (to and including zero) , then the con- sideration for this Agreement will be the actual amount of the Judgement and the mutual covenants and conditions in this Agreement. " 2-08-93 75-0264 CITY OF SAN BERN[ 'IDINO - REQUEST F R COUNCIL ACTION STAFF REPORT page 2 of 2 This clause is not included in the proposed Agreement, since the property owner is not in concurrence. The term of this Agreement is 50 years. The issue of access to this parcel has been considered by the Legislative Review and Transportation Committees on several occasions . The Agreement was prepared to document the under- standings reached during these reviews . We recommend that the Agreement be approved. URGENCY CLAUSE: Caltrans established a schedule of 1-8-93 , for finalizing the acquisition of the right-of-way from this parcel. The proposed Agreement must be executed before this acquisition can be com- pleted. 2-08-93 75-0264 C I T Y ., F S A N B E R N ,. R D I N Q INTEROFFICE MEMORANDUM TO: Mayor and Common Council FROM: Henry Empefto Jr. , Deputy City Attorney DATE: February 10, 1993 RE: February 15, 1993 Council Meeting Supplemental Agenda Item - Resolution. . .Authorizing the Execution of An Agreement Between Said City and the Stubblefield Construction Company, Relating to Access for the Parcel North of Highland Avenue and East of State Route No. 330 CC: James F. Penman, City Attorney; Roger Hardgrave, Director of Public Works; Al Boughey, Director of Planning & Bldg Services; Mark Ostoich, Esq. The Director of Public Works has proposed that the Mayor and Council adopt the above-referenced Resolution and approve the proposed Development Agreement. The action proposed by the Director of Public Works is clearly invalid because it would violate the City' s ordinances as well as state laws. Recitals Paragraph D and Operative Provisions Paragraph 4( a) of the proposed agreement represent it as a Development Agreement within the meaning of Chapter 19 .40 of the Development Code and Section 65864 et. seq. of the California Government Code. This proposed Development Agreement has not previously undergone a noticed public hearing before the Planning Commission as required by Development Code Sections 19 .40.030 ( 1 ) and (3 ) ; nor has the City provided a noticed public hearing prior to the proposed Council action as required by Development Code Sections 19 .40.030 ( 2 ) and ( 3 ) . This proposed Development Agreement has not previously undergone environmental review as required by the California Environmental Quality Act (CEQA) , at Public Resources Code Section 21000 et seq. ; Development Code Section 19 .40.060; and City Resolution 90-217, the "City CEQA Guidelines" . This proposed Development Agreement also does not comply with Government Code Section 65867 which requires noticed public hearings prior to the adoption of a development agreement. The above-enumerated requirements of state and local law relate to the processing and review of the proposed Development Agreement. The form and legal content of the proposed Development Agreement must also be analyzed for other legal issues. Because the proposed Development Agreement does not comply with state & local law, as described above, the City Attorney declines to approve the Development Agreement as to form and legal content. HENRY EMPENO, JR. , Deputy City Attorney HE:js[Item2.Mem] 1 RESOLUTION NO. 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN SAID CITY AND THE STUBBLEFIELD 3 CONSTRUCTION COMPANY, RELATING TO ACCESS FOR THE PARCEL NORTH OF HIGHLAND AVENUE AND EAST OF STATE ROUTE NO. 330 . 4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE 5 CITY OF SAN BERNARDINO AS FOLLOWS : 6 SECTION 1 . The Mayor of the City of San Bernardino is 7 hereby authorized and directed to execute, on behalf of said 8 City, an agreement relating to access for the parcel north of 9 Highland Avenue and east of State Route No. 330 , between said 10 City and the State of California, acting by and through its 11 Department of Transportation, and the Stubblefield Construction 12 Co. , a copy of which agreement is attached hereto, marked Exhibit 13 "A" and incorporated herein by reference as fully as though set 14 forth at length. 15 SECTION 2 . The agreement shall not take effect until 16 fully signed and executed by all parties. The City shall not be 17 obligated hereunder unless and until the agreement is fully 18 executed and no oral agreement relating thereto shall be implied 19 or authorized. 20 SECTION 3 . The authorization to execute the above- 21 referenced agreement is rescinded if the parties to the agreement 22 fail to execute it within ninety (90) days of the passage of this 23 resolution. 24 25 26 27 28 2-08-93 h�5il: AuiiiuRiGlio3 L uiV ur` AGRE;LMENT Vi_L f H STUBBLEFiE;LD CONSTRUCTION CO. RELATING TO ACCESS FOR PARCEL EAST OF STATE UTE 330 . 1 I HEREBY CERTIFY that the foregoing resolution was duly 2 adopted by the Mayor and Common Council of the City of San 3 Bernardino at a meeting thereof, held on the 4 day of 1993 , by the following vote, to-wit: 5 Council Members : AYES NAYS ABSTAIN ABSENT 6 ESTRADA 7 REILLY 8 HERNANDEZ 9 MAUDSLEY 10 MINOR 11 POPE-LUDLAM 12 MILLER 13 14 Rachel Clark, City Clerk 15 The foregoing resolution is hereby approved this 16 day of 1993 . 17 18 W. R. Holcomb, Mayor 19 City of San Bernardino Approved as to form 20 and legal content: 21 James F. Penman City Attorney 22 23 By 24 25 26 27 28 - 2 - 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 AGREEMENT This Agreement is entered into on 1992, among the State of California Department of Transportation, ("CalTrans"), the City of San Bernardino, a municipal corporation, ("City") and Stubblefield Construction Company, a California corporation, ("Developer"). RECITALS A. CalTrans has jurisdiction of and is in the process of improving certain portions of Route 30, in the municipal limits of the City, as part of State Highway Project CU08201, EA157901 for Route 30 ("State Highway Project"). B. Under a pending agreement between CalTrans and the Developer, CalTrans is reserving and will improve a non-exclusive easement for utility and emergency access purposes ("Secondary Access Road") in the area depicted in Exhibit "A". The Secondary Access Road will provide utility and emergency access to and from certain contiguous real property owned by the Developer ("Developer's Property") and Route 30. C. In connection with the State Highway Project, CalTrans will also improve and dedicate to the City parts of former Route 30 which are depicted in Exhibit "B" ("East Frontage Road"). The East Frontage Road will provide access to and from the Developer's Property and Highland Avenue. D. In order to facilitate the orderly development of the Developer's Property and the general health, welfare and safety of the citizens of the City, the parties wish to enter into this Agreement to provide for the maintenance of the East Frontage Road and the Secondary Access Road and also to provide for the recognition of the East Frontage Road and the Secondary Access Road by the City, as legal access to and from the Developer's Property. This Agreement is intended to memorialize the discussions of CalTrans, the City and the Developer at a meeting held in the City's City Hall on April 13, 1992. As between the City and the Developer and for the limited purpose of vesting the East Frontage Road and the Secondary Access Road as legal access to and from the Developer's Property, this Agreement is also intended to be a Development Agreement within the meaning of Chapter 19.40 of the City's Development Code and Section 65864 et seq. of the California Government Code. 1 CaITransAgree\S464-ON OPERATIVE PROVISIONS 1. Improvement of Roads. CalTrans will improve the East Frontage Road and the Secondary Access Road, in accordance with the plans and specifications for the State Highway Project. 2. Dedication and Acceptance of Roads. (a) On completion of the improvements to the East Frontage Road, CalTrans will dedicate the East Frontage Road to the City, in fee, and the City will accept the dedication of the East Frontage Road and will thereafter maintain the East Frontage Road in accordance with its maintenance standards for dedicated public streets. (b) On completion of the improvements to the Secondary Access Road, CalTrans will dedicate the Secondary Access Road to the City, by a non-exclusive easement for utility purposes and emergency ingress and egress, and the City will accept the dedication of the Secondary Access Road and will thereafter maintain the Secondary Access Road in a manner which will permit its use for utility purposes and emergency secondary access. (c) Because the Developer will continue to own, manage and develop the Developer's Property in reliance on the status of the East Frontage Road and the Secondary Access Road as legal, conforming access to and from the Developer's Property, as provided in paragraph 4., once accepted, neither the East Frontage Road nor the Secondary Access Road will be abandoned by the City, without the consent of the Developer. In addition, based on the same reliance by the Developer, the City will not delegate its obligation to maintain the East Frontage Road or the Secondary Access Road, without the consent of the Developer. 3. Legal Status of Roads. The City will recognize the East Frontage Road and the Secondary Access Road, as legal, conforming access to and from the Developer's Property, within the meaning of the laws of California and the City's Charter, Ordinances and Resolutions; provided, however, that the Developer's Property is used for purposes which are consistant with the City's General Plan. In addition, CalTrans will recognize the Secondary Access Road as legal, conforming Emergency Access to Route 30, under its Policy and Procedure No. 90-04, which was issued on July 9, 1990. 4. Development Agreement. (a) To the extent that either the East Frontage Road or the Secondary Access Road do not conform in any respect to the laws of California or the City's Ordinances or Resolutions, then, as between the City and the Developer and for the limited purpose of vesting the East Frontage Road and the Secondary Access Road as legal access to and from the Developer's Property, this Agreement will be deemed a Development Agreement within the meaning of Chapter 19.40 of the City's Development Code and Section 65864 et seq. of the California Government Code. (b) Without limiting the effect of subparagraph 5.(a), the parties acknowledge that the Developer intends to develop the Developer's Property in the future and that, in connection with any such development, the permitted uses of the Developer's Property, the density or intensity of use on the Developer's Property and the maximum size 2 CafframAgree\5464-004 and height of buildings on the Developer's Property will be governed by the development plan for the Developer's Property which is ultimately agreed to by the Developer and the City. (c) The continued status of the East Frontage Road and the Secondary Access Road as legal, conforming access to and from the Developer's Property, will be subject to satisfaction of the conditions which are described in Exhibit "C". (d) As between the City and the Developer, this Agreement will be subject to amendment as follows: (i) Immaterial amendments to this Agreement may be made by agreement between the Developer and the Director of Planning and Building Services of the City. (ii) Material amendments to this Agreement will require the consent of the Developer, as well as approval by the City's Planning Commission and the City's City Council, following such investigations, findings and other procedures as are required by the laws of California and the City's Charter, Ordinances and Resolutions. 5. Term. The term of this Agreement will commence on the date of entry into this Agreement and will continue for 50 years thereafter. 6. Covenant of Good Faith. The parties will cooperate with one another in good faith in the performance of this Agreement, so the intent of this Agreement can be attained. 7. Further Acts. Whenever and as often as it is requested to do so by any other party, each party will execute, acknowledge and deliver or cause to be executed, acknowledged and delivered, any and all such further documents as may be necessary, expedient or proper to achieve the intent of this Agreement. 8. Inurement. The rights and obligations of the parties under this Agreement will inure to the benefit of and will bind their respective successors and assigns. Without limiting the effect of the foregoing, the Developer will have the right to assign its rights and delegate its obligations under this Agreement, in whole or in part, to any owner or owners of the Property. In addition, the provisions of this Agreement will constitute covenants running with the land as provided in the applicable law. 9. Construction. In all cases, the language in this Agreement will be construed simply, according to its fair meaning and not strictly for or against any party, it being agreed that the parties 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 which cannot be restricted by contract. 10. Severability. Every provision in this Agreement is and will be construed to be a separate and independent covenant and, if any provision in 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 in this 3 CalTramAgree\5464-004 Agreement will be valid and will be enforced to the extent permitted by law and the parties will negotiate in good faith for such amendments to this Agreement as may be necessary to achieve its intent, notwithstanding the invalidity or unenforceability. 11. Counterparts. This Agreement may be executed in counterparts, each of which will be deemed to be an original for all purposes and all of the counterparts will constitute one and the same Agreement. 12. Attorneys' Fees. If legal action is taken to enforce or interpret any provision in this Agreement, then the prevailing party in that action will be entitled to recover from the losing party all attorneys' fees, court costs and necessary disbursements in connection with that action. 13. Venue. Any legal action with regard 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. 14. Incorporation of Recitals. The Recitals in this Agreement are material and are incorporated by reference as though fully set forth hereat. . 15. Incorporation of Exhibits. The exhibits to this Agreement are incorporated by reference as though fully set forth hereat. 16. Recordation. No later than 10 days after the date of entry into this Agreement, the Developer will, at its cost, record this Agreement in the Official Records of the San Bernardino County Recorder. SIGNATURES FOLLOW 4 CaffransAgree\S464-004 CALTRANS State of California Department of Transportation By: Its: CITY City of San Bernardino, a municipal corporation By: Its Mayor ATTEST 'City Clerk APPROVED AS TO FORM AND LEGAL CONTENT City Attorney)-?f' DEVELOPER Stubblefield Construction Company, a California corporation By: Its: 5 Ca[TransAgree\S464-004 STATE OF CALIFORNIA ) SS . COUNTY OF ) On 19 before me , personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person (s) whose name (s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity (ies) , and that by his/her/their signature (s) on the instrument the person (s) , or the entity upon behalf of which the person (s) acted, executed the instrument. WITNESS my hand and official seal . Notary Public in and for said State STATE OF CALIFORNIA ) SS. COUNTY OF ) On 19 before me personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person (s) whose name (s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity (ies) , and that by his/her/their signature (s) on the instrument the person (s) , or the entity upon behalf of which the person (s) acted, executed the instrument. WITNESS my hand and official seal. Notary Public in and for said State STATE OF CALIFORNIA ) SS. COUNTY OF ) On 19 before me personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person (s) whose name (s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity (ies) , and that by his/her/their signatures) on the instrument the person (s) , or the entity upon behalf of which the person (s) acted, executed the instrument. WITNESS my hand and official seal . Notary Public in and for said State t .. 'r. � ,FF• t' � � x, . `��'t r�• - 71,E � ' ''t,�• � r ,,, P .r,XHIBIT_"A" V original " rull-scale" --exhibit lz on rile at tie offices of STUBBLEFIELD 1 �' ��� � \ ,.!• I';i i%h� / , 0,3NSTRUCTION COMPANY •r ° � f Z--! i � j r A QTR `...'-'�♦ `" it - � ' / I t / '/'�•• i ;��, �`, ,00A -qtr', 7 ;',° , �, ; / / �w �i! � , ;1_� �=.""7- ,� . , ��� '; • EXHIBIT "B " Original "full-scale" ,exhibit on f i! at the officeE of �� 1_ ��,a{% fl � �- �;.,,•L �--� :_ - iSTUBBLEFIELLi CO RUCTION COKPAMY _ Viz. , --1`~�,- ��� � �� ��` �� �•�' L f � r,_ � 1.t„'�l:1 1�1, 1 1 1�ji`, ly� 1•� 1 ( �+'' � �'; .1 4i" p-- I it �" � '1 Il �9.'t• `", Fr i �� 'N A R 6.,,4G y i C I T Y 0 f z an Bernardino '1 [)17 L) D E P A R T M E N T O F P L A N N I N 0 A N 0 B U I L D I N 0 S E R V I C E • A L a 0 U G H E Y A I C P D I g E C T O R July 14 , 1992 Tom Parrish Stubblefield Development 2258 Bradford Avenue Highland, CA 92346 Dear Kr. Parrish: This letter is in follow-up is meeting was John Stubblefield, Arnold 13 , 1992 , also attending Hard rave-Director of Stubblefield, Will Wright-Fire Chief, Roger g Public Works, Al Boughey-Director of Planning and Building bter familiar Services. The meeting waeast f tRoutef 330o andonorth of Highland with the 20+ acre site Avenue. (Here after referred to as the site) The site, when developed, would normally be required to have tao Code standard means of access as required (b) ( j fS,ction 19.30.200 6. and Fire Code Section "6. A tentative tract or parcel map shall provide for at east two different standard routes for ingress and mgr standard route is a road h which of 24 ifee dedicated to the City and has a minimum paved " (a) General . Fire apparatus access road shall be provided and maintained in accordance with the provisions of this section. (b) Where required. Fire apparatus access road shall be required for every building hereafter constructed when any portion of an exterior wall the firt vehicle accessed more than 150 feet from the Fire Department Exceptions: 1 . When buildings are riPertsystem,tthe provision aofrthis automatic fire sprinkler section may be modified. EXHIBIT "C" V ti R ? A E E T S A N I E R N A R 0 1 N O 3 0 0 - q y ♦ 9 2 • `. � 0 0 0 � lT ' ! ) 3 $ 4 . 5a 7116057 71 f k Tom Parrish July 14 , 1992 Page 2 2 . When access roadways cannot be installed due to topographic, waterways, non-negotiable grades or other similar condition, the Chief may require additional fire protection as specified in Section 10.301(b) . 3 . When there are" not more than two group R division three or group K occupancies, the requirement of this section may be modified, provided in the opinion of the Chief, fire fighting or rescue operations would not be impaired. More than one fire apparatus road maybe required when it is determined by the Chief that the access by single road maybe impaired by vehicle congestion, conditions of terrain, climatic conditions or other factors that could limit access. (c) Width. The unobstructed width of fire apparatus access road should not be less than 20 feet. (f) Surface. Fire apparatus access road shall be designed and maintained to support the imposed loads of fire appar Eta and shall be provided with a surface so as to provide all Weather driving capabilities." It is generally the developers responsibility to provftM all required access roads as part of the develapnsset. The subject site is unique in that a deep ravine runs t to south along the east side of the site and Faeft 334 (AM 10l" upgraded to freeway limited access standards) rms along tbw west side of the site. The principal access is from the sowtlt and because of a grade differential between the site and nonbs 330 and from th the ravine a second access routthe east and the Wert is impractical if not impossible. Access frass the fs limited because of Route 330 prohibits regal= street K *ion access. These constraints leave the site with only the seaft as the location for a standard route of ingress and egre". Given the site constraints either the site remains undevelapsd or a second or secondary non-standard ingress and egress is agreed to o that ensures public safety and comes as close as Possible providing two different standard routes for ingress and egress of a development. The following is the a minimums conditions for providing two different routes of ingress and egress recommended by staff. Tom Parrish July 14, 1992 Page 3 A. Standard Route. Principal (standard) ingress and egress will be provided by a dedicated street (constructed to the City standards) from Highland Avenue north to a turnaround (cul-de- sac) at the south end of the site. Note: Caltrans is constructing this street and dedicating it to the City of San Bernardino. B. Second ingress and egress route. As mitigation for not being able to provide a standard second route, two less than fully standard routes are being proposed. 1. A tunnel under Route 330 is being constructed approximately due west of the cul-de-sac and will connect to the west frontage road of Route 330. Conditions of Understanding: a. This tunnel is being built by Caltrans as part of upgrading Route 330. The tunnel is being built to Fire Department specification in tenu of height and width. b. The approaches to the tunnel �r � �f�� tunnel must be maintained by for emergency ingress and egress ti�a3atataYed meaning free of obstruction such as roc3cs, dsbaru, trees, gullies of such a size tv pt ths MM aA the public and Fire Department emergency. Free of obstruction however does mat prevent the owner of the site fro. 1fmitiag the use of the access as long as the smsrgemy acosss is maintained by means of Fire Department lock2mmss, etc. 2 . Provide a twenty four (24) foot wide emergency access road from the cul-de-sac along the east side of the upgraded Route 330 to the north where the fire service road enters Route 330. Conditions of Understanding: a. This road is access constructed surface by icl 11 be native emergency snits, sand, etc.) on a material (decomposed qr stabilized base of a vehicles. structural ese�h adequate to support Fire Department Tom Parrish July 14 , 1992 Page 4 b . The northern most section of the emergency access road owned by Caltrans will dedicated to the owner of the site. C . The owner of the site will record an emergency access easement dedicated to emergency use corresponding to the entire length of the emergency access road. d. Upon completion of Route 330 upgrade a turnoff from Route 330 (an ice/snow chainup area) will be constructed by Caltrans at the location which corresponds with the northern most end of the emergency access road. The Caltrans Route 330 Agreement with the City acknowledges that the City has the right to cut/remove this fence in case of an emergency. The repair of the fence in the event of emergency use of the access by the City will be the responsibility of the City. Pence posts of the fence separating Route 300 free private property will be located so as to not be in the middle of emergency access. e. Emergency access road must be maintained by the owners of the site in such a ooedition to pesKit public and Fire Department vehiclo ass in cue of an emergency (maintained meaning free of obstructions the same as indicated for the tunnel access) - Item B.1.b. ) . C. Othcr MitigatiM. The following mitigations are required at the time of project approval of the site and are higher standards than the staud&rds contained in Chapter 19.15 of the City's Develaprwt Code entitled Foothill Fire Zone Overlay District. 1. Develop a fire model of the site for the purpose of determining the extent of the fuel modifications sons and if the fuel modification standards as set forth in San Bernardino Municipal Code Section 19.15.020 6. V. are adequate. Standard provisions for maintaining the fuel modification zone will be required as a Condition of Approval of a project on the site. 2 . Install fire sprinklers in all buildings of any future development. D. Other Reauir_Mnts• All other development standards are those 3 Tom Parrish July 14 , 1992 Page 5 in existence and applicable at the time the project is deemed complete to begin Planning/Land Use approval process and/or at the time of filing for building code technical plan check leading to the issuance of a building permit. Staff believes that the above conditions provides adequate public safety and meets the intent of City Code Sections requiring two standard routes from any development. At this point staff recommendations must be incorporated into a draft agreement and approved by the Common Council. The Public Works Department is responsible for coordinating the agreement with Caltrans and contractual consistency. If you have any questions, please don't hesitate to contact me at (714) 384-5057 . ySinc rely, - / Lar E. Reed, Assistant Director Planning and Building Services cc: Shaun Clark City Administrator James Penman City Attorney Al Boughey, Director Planning and Building Services Will Wright, Fire Chief Roger Hardgravm, Director Public Works/Engineering Henry Empeno, Deputy City Attorney Attorney's office LER:das