ENCORE
CAPITAL
MANAGEMENT
February 23, 2023
Stephanie Sanchez
Economic Development Project Manager
City of San Bernardino
201 North E St, 3rd Floor
San Bernardino, CA 92401
Re: DA Removal Justification Letter
Badger Canyon Road i Frontine Road
Dear Mrs. Sanchez,
We appreciate your continued assistance with our revitalization of the University Hills Specific Plan. Your team's engagement and responsiveness has been monumental in helping us tailor the revised site plan to fit the needs of the community.
Pursuant to continued conversations with city staff, we hereby formally request to remove the previous Development Agreement from title for the reasons below:
Significant Changes to Design Standards
The provisions of the previous agreement no longer apply since we no longer satisfy Section 1.1 of developing the project "in accordance with the Project Approvals" from 2012, given we are changing the density and intensity of use, size of buildings, zoning standards, and the size of the dedicated mitigation land area. The unit count has been significantly reduced from 980 medium to high density units to 437 single-family homes and the permanent open space acreage has grown from 235 to 251 acres.
Our unit mix below, no longer comprises 515 two-story townhomes. • 2,750 (50' wide x 55' deep) square foot lots
3,600 (40' wide x 90' deep) square foot lots
• 4,500 (50' wide × 90' deep) square foot lots
5-Year Performance Requirement
The project is also out of compliance with Section 3.1.1 and Exhibit F which states:
Prior to the fifth anniversary of the effective date [April 19, 2012] of the development agreement the Owner/Developer shall:
Acquire the necessary rights (easements, licenses, rights of way, encroachment permits, etc) to construct the Phase 1 Infrastructure, including roads, intersections, drainage facilities, slopes, fuel [modification] areas, water storage tank and water lines Complete a full submittal of completed construction plans, which will include the civil engineering and landscape architecture, for a phase of single family homes consisting of at least 25 lots, with an associated park
ENCORE CAPITAL MANAGEMENT
770 TAMALPAIS DRIVE, #401B, CORTE MADERA, CA 94925
Phone: (415) 561-0600 Fax: (415) 561-0601 www.EncoreCM.com ENCORE
CAPITAL
MANAGEMENT
After meeting with San Bernardino County Flood Control and CSU San Bernardino, we have confirmed that these tasks were never completed by the April 19, 2017 deadline. We are meeting with these agencies regularly to discuss alternative options that may better serve all parties involved.
As always, we appreciate your continued attention to our project and look forward to delivering this community to the city. Please feel free to contact me with any questions or comments at [email protected].
Sincerely,
Julian Nan
Vice President
Encore University Hills LLC
Applicant
ENCORE CAPITAL MANAGEMENT
770 TAMALPAIS DRIVE, #401B, CORTE MADERA, CA 94925
Phone: (415) 561-0600 Fax: (415) 561-0601 www.EncoreCM.com