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RESOLUTION NO. 2001-344
RESOLUTION OF THE CITY OF SAN BERNARDINO ACKNOWLEDGING
THAT SAN BERNARDINO INTERNATIONAL TRADE CENTER SPECIFIC PLAN
MITIGATION MEASURE NOS. 7-1 AND 10-1 HAVE BEEN SATISFIED BY THE
INLAND VALLEY DEVELOPMENT AGENCY WITH RESPECT TO THE
DEVELOPMENT PROJECT PROPOSED BY KOHL'S INC., AFFECTING A PORTION
OF "PARCEL 1-3" AT THE FORMER NORTON AIR FORCE BASE.
WHEREAS, the Inland Valley Development Agency, a joint powers authority (the
"IVDA,,) is a "local redevelopment authority" as this term is defined under the Defense
Authorization Amendments and Base Closure and Realigmnent Act of 1988, as amended, and
the IVDA has previously requested the City of San Bernardino (the "City") to establish a specifie
plan as this term is defined at Government Code Section 65860, et seq., for guiding the eivilian
reuse and redevelopment of the former Norton Air Force Base; and
WHEREAS, the City has adopted the San Bernardino International Trade Center Specifie
Plan, effective April 18, 1996, as amended by the City effective November 12, 1999
(eolleetively, the "Specific Plan"), which includes the lands transferred (or to be transferred) by
15 the United States Air Force to the IVDA at the former Norton Air Force Base for civilian reuse
and redevelopment; and
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WHEREAS, the Speeific Plan contemplates that eivilian reuse and redevelopment of the
18 former Norton Air Force Base shall require that certain new public infrastructure facilities and
19 public safety emergency facilities be made available to meet the needs of the public at an
20 acceptable level of service, deemed satisfactory by the City, and that the determination of sueh
21 availability of such publie infrastructure facilities and public safety emergency facilities shall be
22 made on a case-by-case basis by the City; and
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determination by the City of availability with respect to public street improvements and faeilities
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WHEREAS, Part VI D.2.3. of the Specific Plan describes this process of case-by-case
in the following terms:
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"Onsite: The initial road improvements constructed by the IVDA for Sheppard
Blvd. and portions of Tippecanoe Avenue and Del Rosa Drive, referred to as the
"Early Action Phase," will serve as the backbone circulation system for the
project along with the existing road network. As new eonstruction occurs,
additional roadway improvements will be required. These will be determined on a
case-by-ease basis as part of the development review process. It is anticipated that
each new projeet will be responsible for improving the roads that are contiguous
to the project site to the level of improvement identified in the Specific Plan.
Offsite: Additional off-site improvements to the circulation network have been
identified as a result of the traffic study prepared for this Specific Plan. These
projects are identified as mitigation measures in the International Trade Center
Specific Plan Environmental Impact Report. The timing and amount of fair-share
contribution to these improvements is subject to separate negotiation and
agreement between the Inland Valley Development Agency, San Bernardino
International Airport Authority and the City of San Bernardino as defined by the
EIR mitigation measures." (Specific Plan; Part VI D.2.3); and
WHEREAS, Specific Plan Mitigation Measure No.7-I which relates to public roads
provides in relevant part as follows:
"MITIGATION MEASURE:
7 -I Any Specific Plan project shall contribute, on a fair share basis, to
mitigation of traffic impacts. Contributions shall be by one of the
following:
a) Implementation of the recommended intersection, traffic lane or
freeway improvements listed.
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b) Payment of dollar equivalent of the improvements to specific fund
for said improvements.
c) Implementation of additional capaeity on parallel routes to offset
impaets on existing routes. Such additional capacity shall be
approved by the City prior to implementation eredits being
allowed.
The City reeogmzes a total of 46,520 vehicle trips from the
predevelopment status of the Base. Implementation or mitigation
measures shall not be required until this level of trips is generated
from the Specific Plan area. Exception to the above will apply
where intersections or lane configurations operate below level of
service D...;" and
WHEREAS, Specific Plan Mitigation Measure No. 10-1 which relates to new
development project public safety emergency capital faeilities provides in relevant part as
follows:
"MITIGATION MEASURE:
10-1 The project proponent shall pay the project's fair-share portion of fees to
the City to cover additional capital improvement costs for police
proteetion and fire prevention services. Facilities may be provided in lieu
of payment of fees. The appropriate fee share or facilities will be
specified in a project finance plan to be approved by the City. Until such
time as a project finance plan is approved, project speeific agreements
between the City and IVDA may be negotiated to ensure adequate
facilities for poliee and fire services;" and
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WHEREAS, Kohl's Corporation ("Kohl's") has submitted a development project
application to the City for a new regional warehouse facility (the "New Facility") of
approximately 652,000 square feet in size, to be constructed on an approximately 60 acre site on
a portion of Parcel 1-3 at the former Norton Air Force Base, and the New Facility shall generally
be situated near the northeasterly corner of the intersection of Lena Road and Mill Street; and
WHEREAS, the Common Council has previously adopted Resolution No. 2001-300,
dated September 17, 2001, relating to the deferral of the colleetion of certain regulatory fees and
public infrastructure capital eharges associated with the New Facility; and
WHEREAS, on October II, 2001, the City Development/Enviromnental Review
Committee eonsidered and approved Development Permit III No. 01-20 for the New Facility,
subject to the conditions set forth in the development project approval recommendations of the
following City departments or divisions: Planning Division, Public Works Division, Fire
Department, Public Serviees Department, and Water Department; and
WHEREAS, the Common Council deems it appropriate to take the actions with respect to
the New Facility and the eonfirmation of the aceeptance by the Common Council of the
adequaey of certain development project mitigation measures contemplated under the Speeifie
Plan which have previously been completed and installed by the IVDA prior to the submission
18 by Kohl's of its development project approval application for the New Facility.
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20 NOW, THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO DOES HEREBY RESOLVE, DETERMINE AND ORDER AS
FOLLOWS:
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Section 1.
The information and all factual statements as set forth in the Recitals of
23 this Resolution are true and correct.
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Section 2. The Common Couneil hereby acknowledges receipt of a request from the
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IVDA to confirm that the development project mitigation measures for the New Faeility
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encompassed within Specific Plan Mitigation Measure No.7-I and Measure No. 10-1, have been
27 satisfied by prior aetions and capital expenditures of the IVDA for public street and circulation
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improvements within the former Norton Air Force Base and the redevelopment project area of
the Inland Valley Redevelopment Project, and by capital expenditures of the IVDA and the San
Bernardino International Airport Authority for police and fire protection and emergency serviees
capital projects at the former Norton Air Force Base.
Section 3. The Project Mitigation Chapter of the Transportation Impact Analysis
appendix of the Final Environmental Impact Report for the Specific Plan, as previously certified
by the common Council sets forth an identification of the various public street and circulation
improvements which must be financed and installed as part of the implementation of
development project activity under the Specific Plan in order to mitigate and avoid adverse
environmental effects upon the public street circulation system of the community. The Common
Council hereby acknowledges receipt of a report dated September 26, 2001, prepared by the City
Engineer entitled "Trade Center Specific Plan Mitigation Cost Analysis." The report of the City
Engineer provides satisfactory evidence that the implementation of the recommended
interseetion and traffic and roadway improvements as identified in the Specific Plan as the
"Early Action Phase" and/or the "backbone eirculation system" has been accomplished by the
IVDA. The report of the City Engineer indicates that when "adjusted for 2001 dollar values," all
of the public street improvements identified in the Traffic Impact Analysis of the Final
Environmental Impact Report for the Specifie Plan as mitigation measures are presently
estimated to cost $30,302,200, and that as of the date of adoption of this Resolution, the IVDA
has completed the installation of the public street improvements within the estimated calendar
year 2001 dollar values:
(1) Tippecanoe Avenue between 3,d Street and Mill Street;
Del Rosa Avenue between 3'd Street and Harry Shepard Drive;
Harry Shepard Drive between Tippecanoe Avenue easterly to the airport.
$8,200,840
(2) Orange Show Road extension (IVDA portion);
Central Avenue between Tippecanoe Avenue and Palm Meadows Golf
course entrance;
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Tippecanoe A venue street traffic signal at Central Avenue.
$10,821,051
(3) Mill Street roadway improvements between Tippecanoe Avenue and Lena
Road;
San Bernardino A venue roadway improvements between Richardson
Street and Mountain View Avenue.
$962.486
Total public street improvement costs (2001 Dollars)
$19,984,377
The Common Council is informed and believes that the funds used and applied by the
IVDA to install the public street improvements identified above, were obtained by the IVDA
from capital grants provided by the state and federal government and from proceeds of bonds
issued by the IVDA. The Common Council hereby finds and determines as of the date of this
Resolution that the calendar year 2001 dollar value of such public street improvements
constitutes approximately 65% of the total estimated cost of designing and installing all of the
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previously expended by the IVDA. The Common Council hereby further finds and determines
18 that the completion of the public street improvements identified in the preceding paragraph by
19 the IVDA provides for a full and adequate contribution on a fair share basis for the mitigation of
20 traffic impacts associated with the New Facility. This finding of the Common Council evidences
21 the satisfaetion of Specific Plan Mitigation Measure No. 7-1 with respect to the New Facility.
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public street improvements identified as mitigation measures in the Transportation Impact
Analysis appendix of the Specific Plan Environmental Impact Report, and whereas the overall
development percentages up to and including the New Facility is far less than the amount
Seetion 4.
The Common Couneil has approved and the City has entered into with
SBIAA a eertain long-term lease for the lease of a fire protection and emergeney services faeility
at the airport (the City Fire Station) pursuant to which the rent payable each year thereunder by
25 the City to the SBIAA is $1.00, and that the SBIAA has further caused to be installed and
26 improved at the City Fire Station, at no cost to the City, approximately $144,000 in fire station
27 heating and air conditioning improvements. The City Fire Station as improved and leased by the
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SBIAA to the City is now a fire protection and emergency services capital facility of the City
which is of benefit to all the lands and improvements within the former Norton Air Force Base
and the lands within the geographic and planning territory encompassed by the Specific Plan,
including without limitation, the site of the New Faeility. The Common Council hereby finds and
determines that the lease and improvement by the SBIAA of the City Airport Fire Station as of
the date of this Resolution provides for a full and adequate contribution on a fair share basis for
the mitigation of impacts on the fire protection and emergency serviees capital facility
requirements of the City associated with the New Facility. The Common Council further finds
and determines that for approximately a two-year period of time the IVDA leased Building No.
925 to the City for an interim Police Station Facility while the present Police Station was under
construction. The lease of Building No. 925 was for nominal consideration which had a value to
the City in savings that far exceed any contributions that the New Facility would have been
otherwise required to make for police capital fees under the Speeific Plan and the Mitigation
Measures. This finding of the Common Council evidences the satisfaction of Specific Plan
Mitigation Measure No. 10-1 with respect to the New Facility with respect to both fire and police
capital fees.
Section 5. Notwithstanding any provIsIOn of Seetion 3 of this Resolution to the
contrary, the person or entity which undertakes the improvement of the New Facility in
accordance with the conditions of approval of City Development Permit III No. 01-20, shall be
financially responsible and shall pay for all costs of the installation of the public street and
roadway improvements identified for the New Facility under Paragraph 4 and Paragraph 7 of the
"Standard Requirements of the Department of Development Services/Public Works Division" as
included in City Development Permit III No. 01-20.
Section 6. The provisions of this resolution and City Council Resolution No. 2001-
300 shall be of no further force and effect after October II, 2003 unless prior to that date,
substantial eornmencement of construction of the New Facility shall have occurred.
26 Section 7. This Resolution shall take effect upon adoption. Nothing contained in this
27 resolution shall apply to any subsequent projects undertaken within the planning territory
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encompassed by the Specific Plan nor shall this resolution be deemed to be a precedent for a
similar request by a subsequent project. it is the intent herein that the IVDA shall comply with all
required mitigation measures prior to any other new development applications being made within
the Specific Plan territory.
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RESOLUTION. ACKNOWLEDGING THAT SAN BERNARDINO
INTERNATIONAL TRADE CENTER SPECIFIC PLAN MITIGATION MEASURE
NOS. 7-1 AND 10-1 HAVE BEEN SATISFIED BY THE INLAND VALLEY
DEVELOPMENT AGENCY WITH RESPECT TO THE DEVELOPMENT PROJECT
PROPOSED BY KOHLS INC., AFFECTING A PORTION OF "PARCEL 1-3" AT THE
FORMER NORTON AIR FORCE BASE.
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
Common Council of the City of San Bernardino at a joint regular
meeting thereof,
held on the 5 th day of November ,2001, by the following vote, to wit:
Council Members AYES NAYS ABSTAIN ABSENT
ESTRADA x
LIEN x
MCGINNIS x
SCHNETZ x
SUAREZ x
ANDERSON x
MCCAMMACK x
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The foregoing resolution is hereby approved this 11J.1 day of November
22 2001.
23
IT VALLES, Mayor
ty of San Bernardino
24 Approved as to form
25 and legal content:
JAMES F. PENMAN
26 City Attorney
27 By:~7-~
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