Agenda Item No. 16
CITY OF YUCAIPA
AGENDA REPORT
TO: Honorable Mayor and City Council
FROM: Fermin Preciado, Director of Development Services/City Engineer Benjamin Matlock, Deputy Director of Community Development/City Planner/; -- Christian Farmer, Associate Planner C r
FOR: City Council Meeting of September 23, 2024
SUBJECT: Acosta Investments, LLC (Fallbrook): A Density Bonus Agreement for Case No. 22-121/GPA/LUCR/ARC which will covenant ten (10) percent (17 units) of the total 172 units as low-income affordable pursuant to Yucaipa Density Bonus Standards to utilize an incentive and modified parking standards for a Project located across four (4) parcels; APNs: 0319-253-28, -29, -30, -84.
RECOMMENDATION:
That the City Council approve the attached Density Bonus Agreement (DBA) for Case No. 22-121, the Fallbrook Apartment Project (Project), which will set forth the reporting requirements and covenants that are necessary to ensure that the target affordable units remain consistent with the original density bonus request associated with the approved entitlement.
BACKGROUND/DISCUSSION:
Division 3, Chapter 1, Article 7 of the City's Development Code contains provisions for processing density bonus projects, which are designed to provide incentives for the production of housing for very low-income, low-income, moderate -income, and senior households in accordance with state law, by allowing additional units to offset the costs of providing affordable housing. The DBA process is identified in the Conditions of Approval for the housing Project, and will set forth the reporting requirements and covenants that are necessary to ensure that the target units remain available as intended by the density bonus request.
At the regular City Council Meeting of February 13, 2023, the City Council approved Case No. 22- 121. This included a General Plan Amendment, Land Use Compliance Review, Architectural Review and DBA to permit the Project. The applicant had also requested an incentive to reduce the minimum landscaping requirement per Yucaipa Development Code Section 88.0210(e) from 40 percent to 37.2 percent. Consistent with state law, and Yucaipa Development Code Section
83.010715(c)(1), an incentive, defined as a reduction in site development standards or a modification of the requirements of the City of Yucaipa Development Code, may be requested through the DBA process if an applicant agrees to construct at least ten (10) percent of the total units for low-income households and five (5) percent of the total units for very low-income households.
The DBA includes provisions to ensure that the Project qualifies as an Affordable Housing Project consistent with state law, that the site -specific developments comply with income restrictions, and that they additionally both provide the appropriate multi -family site amenities and individual unit amenities pursuant to Section 88.0215 and Section 88.0210 of the City's Development Code. It should be noted that this process is a procedural action to meet the previously approved Project's conditions of approval now prior to the issuance of building permits for construction.
FISCAL IMPACT
There is no direct fiscal impact as a result of this recommendation.
Attachments:
1. Density Bonus Agreement
2. Case No. 22-121 /GPA/LUCR/ARC Approved Plans
Approved by:
ATTACHMENT
RECORDING REQUESTED BY,
AND WHEN RECORDED MAIL TO:
City of Yucaipa
34272 Yucaipa Blvd.
Yucaipa, CA 92399
Attn: City Clerk
With a copy to:
Ivano Stamegna
1232 Village Way, Suite A
Santa Ana, CA 92705
APNs: 0319-253-28, -29, -30, -84.
SPACE ABOVE THIS LINE FOR RECORDER'S
USE
Exempt from Recording Fees Pursuant to Government Code Section 27383
DENSITY BONUS AGREEMENT
(AFFORDABLE HOUSING; RENTAL PROJECT)
THIS DENSITY BONUS AGREEMENT ("Agreement") is dated as of September 9, 2024, and is entered into by and between ACOSTA INVESTMENTS LLC, (the "Developer"), and the CITY OF YUCAIPA, a California municipal corporation (the "City").
RECITALS
A. California Government Code Section 65915(b)(1)(b) provides that a city shall give a density bonus as defined in Government Code Section 65915(f), upon application by a developer if the developer agrees to construct an affordable housing development, and that all cities shall adopt an ordinance that specifies how Section 65915 will be implemented.
B. The City has implemented California Government Code Section 65915(b)(1) and (f) by enacting Yucaipa Development Code Sections 83.010705 et seq. (in Division 3, Chapter 1, Article 7 of the Development Code), which, subject to certain limitations, contemplates a density bonus to encourage development of affordable housing.
C. Developer has requested City to consider the approval of a density bonus agreement which will grant an incentive for Developer's development of the real property in the City described on Exhibit "A" ("Site").
D. The Developer proposes to construct an affordable housing project approved as Case No. 22-121/APP/GPA/LUCR/DBA, a Land Use Compliance Review and Density Bonus Agreement for the development of a 172 unit affordable project with ten (10) percent of the units (seventeen (17) units) to be covenanted at a low income affordable level located at APN(s): 0319-253-28, -29, -30, -84 to be merged as a part of the development (the "Project").
AGREEMENT
NOW, THEREFORE, the parties hereto agree as follows:
1. Definitions. In this Agreement, the following terms shall have the following meaning:
a. "City" is the City of Yucaipa, California.
b. "Project" is the development described in Recital D above.
C. Affordable Rent. "Affordable Rent" means the monthly rent, including a reasonable utility allowance, that does not the exceed the lowest rent limit for any applicable funding source, including: (i) any applicable Tax Credit Regulatory Agreement, (ii) Section 50053 of the Health & Safety Code or any successor statute if applicable, (iii) Section 8 Program regulations for a Section 8 project -based Unit or for a holder of a rental voucher or rental certificate, as applicable, and (iv) any applicable regulations pursuant to any other source of financing secured for, and continuing to be secured by, the Project. d. Affordable Units. "Affordable Units" means seventeen (17) of the 172 units covenanted as a Low Income Household as referenced in Recital E to be constructed on the Property.
e. Low Income Household. "Low Income Household" means a household whose aggregate gross income is less than eighty percent (80%) of Area Median Income (AMI). "Gross income" shall be determined in accordance with § 6914 of Title 25 of the California Code of Regulations.
2. Restrictive Covenants. In consideration for the Density Bonus, Developer covenants and agrees for itself, its successors, its assigns and every successor in interest to the Property or any part thereof, that Developer, and such successors and assigns, shall (i) construct, use, maintain, and operate the Property as a multi -family, affordable housing project consisting of approximately seventeen (17) Affordable Units of the 172 units; and (ii) make available, restrict occupancy to, and rent the Affordable Units at an Affordable Rent.
3. Determination; Annual Requalification. Prior to leasing the Affordable Units and annually thereafter, Developer shall certify the eligibility of each tenant applicant as a Low Income Household.
Developer shall, upon request by City, complete such certification on forms provided by City. Developer shall submit such income certification and such additional information as may be required in the future by City. Such supporting documentation shall include true copies of income tax returns from the tenant applicant for the most recent tax year in which a return was filed and at least one of the following:
a. two (2) paycheck stubs from the tenant's two (2) most recent pay periods; b. an income verification certification from the tenant's employer, C. an income verification certification from the Social Security Administration and/or the California Department of Social Services if the tenant receives assistance from such agencies, or
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d. an alternate form of income verification reasonably requested by City or City if none of the above forms of verification is available to Developer.
4. Certification; Annual Recertification. Upon completion of construction of the Project (the occurrence of which shall be evidenced by the Certificate of Occupancy) and annually each year during of the term of this Agreement, Developer shall certify to City under penalty of perjury, utilizing such forms and providing such backup documentation as requested by City, compliance with the affordability restrictions set forth herein. Failure to timely complete the annual certification process described in this Section 4 shall constitute a material default under this Agreement.
5. Increased Income of Tenants. A unit shall qualify as an Affordable Unit as required by this Agreement despite a temporary noncompliance with Section 3, if the noncompliance is caused by increases in the incomes of existing tenants and if actions satisfactory to City are being taken to ensure that all vacancies are filled in accordance with this Agreement until the noncompliance is corrected. A household that qualifies as a Low Income Household prior to occupancy of an Affordable Unit shall be deemed to continue to be so qualified until such time as recertification of that household's income demonstrates that it no longer qualifies as a Low Income Household.
6. Non -Discrimination.
a. Obligation to Refrain from Discrimination. Developer covenants by and for itself and any successors in interest that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, sexual orientation, marital status, national origin, ancestry, familial status, source of income or disability in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the Property, nor shall Developer or any person claiming under or through it establish or permit any such practice or practices of discrimination or segregation of any person or group of persons on account of any basis listed in subdivision (a) or (d) of Section 12955 of the Government Code, as those bases are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the Government Code, with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees of the Property or the rental, lease sale of the Property and any dwelling unit thereon. The foregoing covenants shall run with the Property.
b. Nondiscrimination Covenants. Developer agrees that neither it nor its agents shall unlawfully discriminate against any tenant or prospective tenant of any Affordable Unit on the basis of race, color, creed, religion, sex, sexual orientation, marital status, national origin, familial status, source of income or disability of any person. All such leases or contracts shall contain or be subject to nondiscrimination or nonsegregation clauses, or substantially similar clauses.
(1) Leases. In leases: "The lessee herein covenants by and for itself, its successors and assigns, and all persons claiming under or through them, and this lease is made and accepted upon and subject to the following conditions:
That there shall be no discrimination against or segregation of any person or group of persons, on account of race, color, religion, sex, sexual orientation, disability, medical condition, familial -3-
status, source of income, marital status, national origin or ancestry in the leasing, subleasing, renting, transferring, use, occupancy, tenure or enjoyment of the land herein leased, nor shall lessee itself, or any person claiming under or through it, establish or permit such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, sublessees, subtenants or vendees in the land herein leased." (2) Contracts. In contracts: "There shall be no discrimination against or segregation of any person or group of persons on account of race, color, religion, sex, sexual orientation, disability, medical condition, familial status, source of income, marital status, national origin or ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the land, nor shall the transferee itself or any person claiming under or through it, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees of the land."
7. Maintenance/Physical Condition of Affordable Units. After completion of the Affordable Units, Developer shall continually maintain the Affordable Units in a condition which satisfies the Uniform Physical Conditions Standards promulgated by the Department of Housing and Urban Development (24 CFR §5.705 et. Seq.), as such standards are interpreted and enforced by City under their normal policies and procedures. City shall have the right to inspect the Affordable Units from time to time, on reasonable notice and at reasonable times, in order to verify compliance with the foregoing maintenance covenant. Further, each Affordable Unit shall be requalified annually, as to the foregoing maintenance covenant, as part of the annual tenant requalification process described above. Any deficiencies in the physical condition of an Affordable Unit shall be corrected by Developer at Developer's expense within the time periods set forth in Section 14.
8. Extension of Time Parameters for Good Cause. City may extend one or more time deadlines for performance as referenced in this Agreement for good cause. "Good cause" shall include, but shall not be limited to, acts of God, labor strikes, war, riots, etc., as shall be determined by City.
9. Indemnification.
a. To the fullest extent permitted by law, Developer shall indemnify, protect, defend (with legal counsel reasonably selected by the City) and hold harmless City and any and all of its elected and appointed officials, officers, employees, representatives and agents ("Indemnified Parties") from and against any and all claims, actions and proceedings (whether at law or equity, administrative or judicial), demands, orders, judgments, losses, injuries (including, without limitation, injury to or death of an employee of Developer or subcontractors), liabilities of every kind (including, without limitation, incidental and consequential damages, court costs, and litigation expenses, and fees of expert Developers or expert witnesses incurred in connection therewith and cost of investigation), damages, costs and expenses, including attorney's fees and costs, (collectively "Claims") that arise out of, pertain to, or relate to, directly or indirectly, in whole or in part, performance of Services by Developer, its officers, agents, employees, representatives, subcontractors, anyone directly or indirectly employed by any of them, or anyone that they control. Developer's duty to indemnify, protect, defend and hold harmless Indemnified Parties, shall not include any Claims arising from the sole negligence or willful misconduct of the Indemnified Parties.
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b. Developer agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Developer in the performance of this Agreement naming the Indemnified Parties as additional indemnitees. In the event Developer fails to obtain such indemnity obligations from others as required here, Developer agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth herein is binding on the successors, assigns or heirs of Developer and shall survive the termination of this Agreement and this section.
10. Covenants to Run with the Land. Developer agrees that all of its obligations hereunder shall constitute covenants, which shall run with the land and shall be binding upon the Property and upon every person having any interest therein at any time and from time to time during the term of this Agreement. Further, Developer agrees that, if a court of competent jurisdiction determines that the obligations set forth herein do not qualify as covenants running with the land, they shall be enforced as equitable servitudes.
11. Successors and Assigns. This Agreement shall inure to the benefit of, and be binding upon, the parties and their respective heirs, successors and assigns. Developer shall not sell, transfer or otherwise dispose of the Property, any portion thereof, or any interest therein unless the proposed transferee shall have executed and delivered to City an express written assumption of all of Developer's obligations under this Agreement, on a form reasonably acceptable to City. Upon assignment and assumption by a successor entity, as approved by City, Developer shall be released from all prospective liability and responsibility under the terms of this Agreement.
12. Term. Pursuant to California Government Code Section 65915, the Density Bonus Law, the term of this Agreement shall begin upon the completion of the construction of the Project, evidenced by a Release of Construction Covenants, and shall remain in full force and effect for a period of fifty-five (55) years therefrom.
13. Monitoring. It is contemplated that, during the term of this Agreement, City will perform monitoring functions. Developer shall have no claim or right of action against City based on any alleged failure to perform such function. In addition, Developer shall cooperate with and utilize such forms, software, websites and third -party vendors as may be required by City. a. Prepare and make available to Developer any general information that City possesses regarding income limitations and restrictions which are applicable to the Affordable Units;
b. Review the documentation submitted by Developer in connection with the annual certification process described above; and
C. Review the documentation submitted by Developer in connection with maintenance of the Property.
14. Enforcement; Remedies. Securitv.
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a. Standing; Equitable Remedies; Remedies Cumulative. Developer expressly agrees and declares that City or any successor public agency shall be the proper party and shall have standing to initiate and pursue any and all actions or proceedings, at law or in equity, to enforce the provisions hereof and/or to recover damages for any event that is expressly stated to be a material default hereunder and which event remains uncured following sixty (60) days' written notice to Developer by City (or up to one hundred twenty (120) days after notice, if actions to correct the material default have been timely initiated and are, in the reasonable opinion of City, being diligently pursued), notwithstanding the fact that such damages or the detriment arising from such a material default that remains uncured as aforesaid may have actually been suffered by some other person or by the public at large. Further, Developer expressly agrees that injunctive relief and specific performance are proper pre-trial and/or post - trial remedies hereunder to assure compliance with this Agreement. Nothing in this Section 14 and no recovery by City shall restrict or limit the rights or remedies of persons or entities other than City, including but not limited to City, against Developer in connection with the same or related acts by Developer, provided that Developer shall not be subject to duplicate awards or recoveries. The remedies set forth in this Section 14 are cumulative and not mutually exclusive, except to the extent that their award is specifically determined to be duplicative by final order of a court of competent jurisdiction. Further, the award of damages hereunder shall not bar the exercise of police power or other governmental powers, or the pursuit of criminal, civil or administrative penalties by City in connection with any material default under this Agreement that remains uncured as aforesaid. Developer acknowledges that a material default under this Agreement that remains uncured may constitute a violation of state law. b. Remedies at Law for Breach of Rental Restrictions. In the event of any material default under the provisions hereof regarding restrictions on rental of the Affordable Units, that remains uncured for the period set forth in Section 14(a), at the sole option of City, City shall be entitled to the following remedies at law to the extent they are not duplicative, the election of which shall not be required and may be revoked and/or modified until immediately prior to entry of judgment:
(1) Damages for Specific Breach. City shall be entitled to recover compensatory damages, at its sole option in the event of a material uncured default under the terms of this Agreement. The amount of such compensatory damages shall be the product of multiplying (A) the number of months that the material uncured default in question has continued (following expiration of Developer's cure period) until the time of trial or cure, whichever occurs first, by (B) the result of subtracting (i) the rents properly chargeable hereunder for the Affordable Units at issue (ii) the rents actually collected by Developer for the Affordable Units at issue for the months in question, as reasonably determined by City. Developer and City agree that it would be extremely difficult or impracticable to ascertain the precise amount of actual damages accruing to City as a result of such a material uncured default and that the foregoing formula is a fair and reasonable method of approximating such damages. City shall be entitled to seek and to recover damages in separate actions for successive, separate breaches, which may occur during the term of this Agreement. Further, interest shall accrue on the amount of such damages from the date of the expiration of Developer's cure period for the material uncured breach in question at the rate of ten percent (10%) per annum or the maximum rate then allowed by law, whichever is less. Nothing in this section shall preclude the award of exemplary damages as allowed by law.
W
Notwithstanding anything in this Agreement to the contrary, any cure or tendered by Developer's limited partner shall be deemed to be a cure by Developer and shall be accepted or rejected on the same basis as if made or tendered by Developer.
15. General Provisions.
a. Integration. The undersigned, and each of them, acknowledge and represent that no promise or inducement not expressed in this Agreement has been made in connection with this Agreement. This Agreement contains the entire agreement and understanding between the parties as to its subject matter.
b. Waiver and Amendment. No provision of this Agreement, or breach of any provision, can be waived except in writing. Waiver of any provision or breach shall not be deemed to be a waiver of any other provision, or of any subsequent breach of the same or other provision.
This Agreement may be amended, modified or rescinded only in writing signed by both parties hereto.
C. Captions. Paragraph titles and captions contained in this Agreement are inserted as a matter of convenience and for reference and are not a substantive part of this Agreement.
d. Additional Documents. The parties each agree to sign any additional documents, which are reasonably necessary to carry out this Agreement or to accomplish its intent. e. Benefit and Burden. This Agreement shall be binding upon and inure to the benefit of the parties and their respective heirs, representatives, successors and assigns. This Agreement is not intended to benefit any person other than the parties hereto.
16. Binding Effect of Agreement. The Developer hereby subjects the Site and development thereon to the covenants, reservations and restrictions as set forth in this Agreement in perpetuity. The City and the Developer hereby declare their specific intent that the covenants, reservations and restrictions as set forth herein shall be deemed covenants running with the land and shall encumber and "run with" the Site and be binding upon the Developer's successors and assigns and successor to any interest in the Project. Each and every contract, deed or other instrument hereinafter executed, covering or conveying the development or any portion thereof shall conclusively be held to have been executed, delivered and accepted subject to the covenants, reservations and restrictions expressed in this Agreement, regardless of whether such covenants, reservations and restrictions are set forth in such contract, deed or other instrument.
17. On -site Manager. [INTENTIONALLY OMITTED]
18. Developer Representation Re: Priority. Developer represents and warrants that this Agreement, when recorded, is senior and prior to all deeds of trust and other liens, except for liens for property taxes and assessments not yet due.
19. No Waiver of Remedies. City does not waive any claim of defect in performance by Developer if upon periodic review City does not enforce or terminate this Agreement. No waiver by City -7-
of any breach or default under this Agreement shall be deemed to be a waiver of any other subsequent breach thereof or default hereunder.
20. Rights of Lenders. Should Developer place or cause to be placed any encumbrance or lien on the Project, or any part thereof, subordinate to this Agreement, the beneficiary ("Lender") of said encumbrance or lien, including, but not limited to, deeds of trust, shall have the right at any time during the term of this Agreement and the existence of said encumbrance or lien to:
a. Do any act or thing required of Developer under this Agreement, and any such act or thing done or performed by Lender shall be as effective as if done by Developer itself; b. Realize on the security afforded by the encumbrance or lien by exercising foreclosure proceedings or power of sale or other remedy afforded in law or in equity or by the security document evidencing the encumbrance or lien;
C. Transfer, convey or assign the title of Developer to the Project to any purchaser at any foreclosure sale, whether the foreclosure sale be conducted pursuant to court order or pursuant to a power of sale contained in a trust deed; and d. Acquire and succeed to the interest of Developer by virtue of any foreclosure sale, whether the foreclosure sale is conducted pursuant to a court order or pursuant to a power of sale contained in a trust deed.
None of b., c. or d. shall, however, affect the continuing validity of this Agreement.
21. Notice to Lender. If Developer shall have provided City in writing with the name of the Lender and a copy of its recorded deed of trust showing its address for notices, then City shall give written notice of any default or breach under this Agreement by Developer to such Lender and if the default can be cured by the payment of money, City shall give Lender the opportunity after service of the notice to cure the breach or default within sixty (60) days after delivery of said notice.
22. Notices. Any notice required to be given by the terms of this Agreement by either party to the other shall be provided by certified mail, return receipt requested, at the address of the respective parties as specified below or at any other such address as may be later specified by the parties hereto in a notice given pursuant to this Section.
Developer: Ivano Stagmegna City: City of Yucaipa
1232 Village Way, Suite A 34272 Yucaipa Blvd.
Santa Ana, CA. 92705 Yucaipa, CA 92399
Attn: Benjamin Matlock
23. Attorneys' Fees. In any proceedings arising from the enforcement of this Agreement or because of an alleged breach or default hereunder, the prevailing party shall be entitled to recover its costs and its reasonable attorneys' fees incurred during the proceeding as may be fixed within the discretion of the court.
24. Applicable Law. This Agreement shall be construed in accordance with and governed by the laws of the State of California.
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25. Partial Invalidity. If any provisions of this Agreement shall be deemed to be invalid, illegal or unenforceable, the validity, legality or enforceability of the remaining provisions hereof shall not in any way be affected or impaired thereby.
26. Recordation. This Agreement shall be recorded in the Official Records of the County Recorder of the County of San Bernardino prior to the issuance of any building permit(s) for the Project.
27. Time of Essence. Time is of the essence of every provision hereof in which time is a factor.
IN WITNESS WHEREOF, this Agreement has been executed by the parties and shall be effective on the Effective Date set forth herein.
DEVELOPER:
ACOSTA INVESTMENTS LLC
Gorgone Family Trust, 2/7/90
LIM
Name: Nano Stagmegna
CITY:
CITY OF YUCAIPA,
a municipal corporation
Chris Mann, City Manager
ATTEST:
, Ana V. Sauseda, MMC
Director of General Services/City Clerk
APPROVED AS TO FORM:
Steven Pacifico, City Attorney
Na
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA )
COUNTY OF )
On , before me, ,
(insert name and title of the officer)
Notary Public, personally appeared ,
who 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.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
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VYU11RIT "A"
LEGAL DESCRIPTION OF THE SITES)
APN: 031925384
SUB NO.8 YUCAIPA VALLEY PORTION OF BLOCK 188 DESCRIBED AS FOLLOWS THE NORTH ONE AND ONE HALF ACRES OF THE SOUTH 1.82 ACRES OF THE SOUTH 252.80 FEET OF THE NORTH 384.8 FEET OF SAID BLOCK 188 TOGETHER WITH THAT PORTION OF SAID BLOCK 188 DESCRIBED AS FOLLOWS COMMENCING AT THE NORTH WEST CORNER OF SAID BLOCK 188 SAID CORNER BEING ON THE CENTER LINE OF THIRD STREET 30.00 FEET WIDE
ON THE EAST SIDE THENCE SOUTH ALONG THE CENTER LINE OF SAID THIRD STREET 363.80 FEET TO THE TRUE POINT OF BEGINNING SAID POINT BEING ALSO THE SOUTH WEST CORNER OF NORTH ONE AND ONE-HALF ACRES OF THE SOUTH 1.82 ACRES OF THE SOUTH 252.80 FEET OF THE NORTH 384.80 FEET OF BLOCK 188 THENCE CONTINUING SOUTH ALONG THE CENTER LINE OF SAID THIRD STREET 50.00 FEET THENCE EAST PARALLEL WITH THE NORTH LINE OF SAID BLOCK 188 TO THE EAST LINE OF SAID BLOCK 188 THENCE NORTH ALONG THE EAST LINE OF SAID BLOCK 188 50.00 FEET TO THE SOUTHEAST CORNER OF THE NORTH ONE AND ONE-HALF ACRES OF THE SOUTH 1.82 ACRES OF THE SOUTH 252.80 FEET OF THE NORTH 384.80 FEET OF SAID BLOCK 188 THENCE WEST PARALLEL WITH SAID NORTH LINE OF SAID BLOCK 188 ALONG THE SOUTH LINE OF AFORE
SAID NORTH ONE AND ONE-HALF ACRES TO THE TRUE POINT OF BEGINNING ALSO TOGETHER WITH THE SOUTH 103.00 FEET OF THE NORTH'516.80 FEET OF SAID BLOCK 188.EXCEPTING THERE FROM THAT PORTION OF SAID BLOCK 188 DESCRIBED AS FOLLOWS BEGINNING AT THE SOUTH WEST CORNER OF THE NORTH 516.80 FEET OF SAID BLOCK 188
SAID SOUTHWEST CORNER BEING THE INTERSECTION OF THE CENTER LINE OF THIRD STREET WITH THE SOUTH LINE OF SAID NORTH 516.80 FEET OF BLOCK 188 THENCE NORTH 89 DEG 58' 59" EAST 170.00 FEET ALONG SAID SOUTH LINE OF THE NORTH 516.80 FEET OF BLOCK 188 THENCE LEAVING SAID SOUTH LINE NORTH 00 DEG 01' 38" WEST 70.00 FEET ALONG A LINE PARALLEL WITH AND 170.00 FEET EASTERLY OF SAID CENTER LINE OF THIRD STREET THENCE NORTH 70 DEG 13' 09" WEST 53.14 FEET TO A POINT THAT LIES 88.00
FEET NORTHERLY OF MEASURED AT RIGHT ANGLES TO SAID SOUTH LINE SAID POINT ALSO LIES 120.00 FEET EASTERLY OF MEASURED AT RIGHT ANGLES TO SAID CENTER LINE THENCE SOUTH 89 DEG 58' 59" WEST 120.00 FEET ALONG A LINE PARALLEL WITH AND 88.00
FEET NORTHERLY OF SAID SOUTH LINE TO A POINT ON SAID CENTER LINE OF THIRD STREET THENCE SOUTH 00 DEG 01' 38" EAST 88.00 FEET ALONG SAID CENTER LINE OF
THIRD STREET TO THE POINT OF BEGINNING ALSO EXCEPTING THERE FROM THE WESTERLY 30.00 FEET LYING WITHIN THIRD STREET
APN: 031925330
SUB NO 8 YUCAIPA VALLEY PTN LOT 189 BEG AT PT IN C/L 2ND ST 214.5 FT S OF NE COR SD LOT TH S 132 FT TH W 660 FT TH N 132 FT TH E 660 FT TO POB APN: 031925329
SUB NO 8 YUCAIPA VALLEY S 132 FT N 478.5 FT LOT 189
APN: 031925328
SUB NO 8 YUCAIPA VALLEY S 82.5 FT N 561 FT LOT 189
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ATTACHMENT 2
SITE PLAN
1'72 Unit Multi -family Development
LEGAL DESCRIPTION
031925iN
SUBMIT VALLEY PORTION OF HOCK 188 DESCRIBEDAS FOLLOWS THE NORTH ONE AND 0NI HALF ACRES OF THE SOUTH Iffi ACRES OF THE SOUTH 252M FEET OMEN WITH 394,11 FEET OF W D BCDCKINTOGEiMR WIMTMT PDATIONTH W D BLOa MDFSCAIBED A5 FOLIOM CDMMENCING ATTHE NORTH WEETCORNER OF W0 BLDCR 188 SAID CORNER BEING ONTHE CENTER UNE DF THIRD5TREET3DAKI FEETWD IONTHE EAST SIDE THENCE SOUTH ALO NG THE CENTER UM OFSAIDTHIAD STREET 3633) FEET TDTHE TRUE POINT OF BEGINNING WO POINT BEING ALSO THE SOUTH WE57 CORNER OF NORTH ONE AND ONE AMP ACRES OF THESDUFM 182 ACRES OFTHE SOUTH 252.BDRET OFTHE NORTH 384 W FEET OF BLOCK IRTHENCE CON ONUING SOMAIONG THE CENTER LINE OF SAID THIRD STREET SD.DO RD THENCE FAST PARALLEL NTH
THENORTH UNE OF WDBUM IN TDTHE EAST SHE OFSADRUDOKIN THENCE NORTIIALONG POINT OF BEGINNING ALSO TOGETHER WITH THE SOUTH 103.00 FEET OF THE NORTH 515.80 FEET OF SAID BLOCK 1N.EXCEPTINGTHERE FROM THAT PORTIONOF SAID BLOCK 188 DESCRIBED AS FDROWSBEGINMNG ATTHE SOUTHWEST CORNER OF THE NORTH 516.90 fEETOF WD BLOCK 18B SAID SOUTHWEST CORNER BEING THE INTERSECTION OF THE CENTER LINE OF THIRD STREET WITH THE SOUTH LINE OF WO NORTH 51680 FEET OF BLOCK lag THENCE NORM 89 DEG 58' 59' W EAST 170,DO FEET ALONG SAID SOUTH UNE OFTHE NORTH 516N 90 FEET OF BLOCK ITHENCE EEAWNG SAID SOUTH UM NORTH OD DEG 0,38' WEST l0.D2 FEET KONG A UNE PARALLEL PATH
TO WD SOUTH LINE SAID POINT ALSO LIES INDS FEET EASTERLY OF MEASURED AT RIGHT MGM TO SAID CENTER LINE THENCE SOUTH B9 DEG SIT 59' WEST 120.00 FEET ALONG ALINE PARALLEL
WITH AN UM FEET NORTHERLY OF SAD SOUTH UNE IDA POINTONWDCENTER UNE OF THIRD STREET THENCE SOUTH W DEG 01' 3B' DST 98,00 FEET ALONG SAID CENTER UNE OFTHIROSTREET TO THE POINT OF BEGINNING ALSO EXCEPTING THEREFROM THE WESTERLY 30.Do FEET LYING
WITHIN THIRD STREET
SUB NO 8 YIICN PA VALLEY S 923 FT N 561 R LOT 189
031425}29
SUBhO3YUCA1 VALLEYS132RN47859LOT189
0319d5}30
SUB NOBYUCAIPAVALLEY PIN LOT 189BEGAY PT IN C/L2NDST 2145 IT SOT NE CDR SO LOTTH5 132 FTTH W 660 nTHN 132 FTTHE 660RTO P0B
Project Notes
DEVELOPERIAPPLICANr OWNER
Pr.,*- Lard TCrait AtaW IIrwaBrarlF�nents ELpLC
TR6dImdK��CA �C373 ,232VEIgA11'N Smote. 7
(W9)5709880 (714) 44 054TIB
ASSESSORS PARCEL NUMBER
ON82wa'm,308N
SITE ADDRESS
10RP3d EL
136M,1362.138R"GL
GENERAL PLAN LAND USE DESIGNATION
Pai4Bq: R41 W (IOp00 q.M1 Mn q.b)
Psps.d 1%424 C84 6Yc)
PROPOSED PROJECT
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STATISTICAL SUMMARY
Ed AI..(GK—): 3BEAWAL "-
IdMe.PirQ: 3W,8T8LL. am.
Tdd Drdeq Ub: 172
Ciao D"V. ZS daa'c
UNIT SUMMARY
1B. " 865a1. Nub
2B. LML IDULL 100udb
3111&—Ub 13w.1. Bub
Bu13pA%*1 1x,1280..
BiAbp B Fmpi[ 1;346AI.
Buebq C Fbopdt 13,128.1
COVERAGE AREAS
&Aft Asx*&%D: 7,095a1rob 1-0
f Bu 1W 109LL
RgabWWButda 1,188.1.
Tadfi Qv.. Als: 1N8C7 a 2a7%
PNpQ'p.d - 1M59LL 372%
LbdopNWe Alet 13sm LL. max
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PARKING SUMMARr
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Entry Sign
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Residence
"aging Man
Project Site
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FRONT ELEVATION SANTAFE GARRET *'y COLORIRON ORE
SCALE: 118" = l'-O" S"Img
LEFT SIDE ELEVATION
SCALE: 1/8" = l'-O"
A NOVA HOMES, INC.
VA4fIr H—co—t'p
1232 VILLAGE WAY'SUITE A
SANTA ANA, CA�2705
TEL. 714. 540.1144
REAR ELEVATION
SCALE: 118" = 1'.0"
FALL$ROOK MEADOWS
Y U C A I P A C A L I F 0 R N I A
RIGHT SIDE ELEVATION
SCALE: 1/8" = l'-O"
BUILDING -A
TWO STORY
ESN Design Studio
APARTMENT BUILDING
DESIGN & DRAFTING SERVICES
EXTERIOR ELEVATIONS
1050 N. TURNER AVENUE, STE. 178
ONTARIO, CA 91764
SPANISH STYLE
TEL. 909. 374. 3218
LEFT SIDE ELEVATION
SCALE: 118" = V-0"
leb NOVA HOMES, INC.
Bkildi.«g Vaj— for Hm a'wn v
1232 VILLAGE WAY, SURE A
SANTA ANA, CA 92705
TEL. 714. 540. 1144
FRONT ELEVATION
SCALE : 1111" = V-0"
REAR ELEVATION
SCALE: 118" = l'-0"
FALL$ROOK MEADOWS
Y U C A I P A C A L I F O R N I A
RIGHT SIDE ELEVATION
SCALE: 118" = V-0"
BUILDING - A
TWO STORY
APARTMENT BUILDING
EXTERIOR ELEVATIONS
SPANISH STYLE
ESN Design Studio
ARCHITECTURAL SERVICES
1050 N. TURNER AVENUE, STE. 176
ONTARIO. CA 91764
TEL. 909. 374. 3218
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LEFT SIDE ELEVATION
SCALE: 1/8" = V-0"
SCALE: 1/8"=l'-0" sw sots sw joss
RIGHT SIDE ELEVATION
SCALE: 1I8" = 1'.0"
REAR ELEVATION BUILDING - B
SCALE: 118" = V-0"
TWO STORY ESN Design Studio
feb NOVA HOMES, INC. FALL$ROOK MEADOWS APARTMENT BUILDING DESIGN0N,TR ERAVNG S, STE. 1S BwAdi..g Valve, for Hontmv.�ery
1232 VILLAGE WAY, SUITE A Y U C A I P A C A L I F O R N I A EXTERIOR ELEVATIONS 1050 N, TURNERAVENUE, STE. 178 13 SANTA ANA, CA 92708 ONTARIO, GA 91764
TEL. 714.540.1144 SPANISH STYLE TEL. 909. 374. 3218
LEFT SIDE ELEVATION
SCALE: 118" = V-0"
FRONT ELEVATION
SCALE: 110" = 1'-0"
III�NEllllq
a a mm-Im "Iml I
RIGHT SIDE ELEVATION
SCALE: 118" = V-0"
REAR ELEVATION SCALE: 118" = BUILDING - B
1'-0"
TWO STORY ESN Design Studio
NOVA HOMES, INC. FAL.L,SROOK MEADOWS APARTMENT BUILDING ARCHITECTURAL SERVICES (ii.ildir�VaLuc jor Hcn.cc.v,ury /� EXTERIOR ELEVATIONS 1050 N. TURNER AVENUE, STE. 176 1232 VILLAGE WAY, SUITE A Y U C A I P A C A L I F 0 R N I A ONTARIO, CA 91764 SANTA ANA, CA 92705
TEL. 714. 540. 1144 SPANISH STYLE TEL 909.374,3218
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LEFT SIDE ELEVATION
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RIGHT SIDE ELEVATION
SCALE: 118" = 1'.0"
REAR ELEVATION BUILDING - C
SCALE: 118" = V-0"
TWO STORY ESN Design Studio
NOVA HOMES, INC. FALL$ROOK MEADOWS APARTMENT BUILDING DESIGN BDRAFTING SERVICES a VA,� f— Ho,..t —t j,
1232VILLAGE WAY, SUITEA EXTERIOR ELEVATIONS 1050 N.TURNE ONTARI , STE.17 SANTA ANA, CA 92705 Y U C A P A + C A L F O R N I A ONTARIOCA 91764 1V
TEL. 714. 540.1144 SPANISH STYLE TEL. 909. 374.3218
LEFT SIDE ELEVATION
SCALE: 118" = T-0"
NOVA HOMES, INC.
feb
lj,ilr. Vat" f- Iicj::f�unK�'1
1232 VILLAGE WAY, SUITE A
SANTA ANA, CA 92705
TEL. 714. 540,1144
FRONT ELEVATION
SCALE: 1/8" = T-0"
RIGHT SIDE ELEVATION
SCALE: 118" = V-0"
REAR ELEVATION BUILDING - C
SCALE: 1/8" = T-0"
FALL.SROOK MEADOWS
Y U C A I P A C A L I F O R N I A
TWO STORY
APARTMENT BUILDING
EXTERIOR ELEVATIONS
SPANISH STYLE
ESN Design Studio
ARCHITECTURAL SERVICES
1050 N. TURNER AVENUE, STE. 178
0NTARIO, CA 91764
TEL 909. 374. 3218
113SF 124 SF 124 SF 113 SF
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BUILDING C
REAR ELEVATION FRONT ELEVATION
SCALE: 3116" = V-0" SCALE: 3116" = V-0"
RIGHT SIDE ELEVATION
SCALE: 3/16" = V-0"
LEFT SIDE ELEVATION
SCALE; 3116" = V-0"
FALL$ ROOK MEADOWS CLUBHOUSE ESN Design Studio
NOVA HOMES, INC. EXTERIOR ELEVATIONS DESIGN BDRAFTING SERVICES (Oh B�i�du�y VA" f " HA.W �y 1050 N. TURNER AVENUE, STE. 178 C 1232 VILLAGE WAY, SUITE A Y U C A I P A, C A L I F O R N I A ONTARIO, CA 91764 SANTA ANA, CA 92705 SPANISH STYLE
TEL. 714. 540. 1144 TEL. 909. 374. 3218
REAR ELEVATION FRONT ELEVATION
SCALE: 3116" = 1'-0" SCALE: 3116" = l'-0"
RIGHT SIDE ELEVATION
SCALE: 3/16" = V-0"
LEFT SIDE ELEVATION
SCALE: 3116" = 1'-0"
FALLB RO OK MEADOWS CLUBHOUSE ESN Design Studio
NOVA HOMES, INC.
DESIGN AND DRAFTING SERVICES
/� /� p R EXTERIOR ELEVATIONS 1050 N. TURNER AVENUE, STE. 170 A 1232 VILLAGE WAY, SUITE A Y U C I P A � C A L I F O . CA 91764 SANTA ANA. CA 92705 SPANISH STYLE
TEL.714.540.1144 TEL 909. 374.3218
CLUBHOUSE
rh NOVA HOMES, INC. MATERIALS BOARD ESN Design Studio
DESIGN & DRAFTING SERVICES 400
l3u4�ikvj VabkC fffT FALLB RO O K MEADOWS 1050 N. TURNER AVENUE, STE. 178 1232 VILLAGE WAY, SUITE A ONTARIO, CA91764
SANTA ANA, CA 92705 Y U C A I P A, C A L I F O R N I A TEL. 909. 374. 3218 TEL. 714. 540. 1144
STUCCO - BODY
SANTA FE
RAILINGS
IRON ORE
SW 7069
STUCCO -ACCENT
GARRET GRAY
SW 6075
CORONADO STONE
SPLIT LIMESTONE - CREAM
FASCIA / TRIM / TRELLIS
CHATEAU BROWN
SW 7510
ROOF - EAGLE ROOFING
PROFILE: CAPISTRANO
3606 VALLEJO RANGE
FRONT DOOR
HICKORY SMOKE
SW 7027