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BOTE: SEE POLDER WITH UCORDED AGREEHElfrS
FILED SEPARATELY }fAmnID APPROPRIATELY
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RESOLUTION NO. 2005-360
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RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING AND AUTHORIZIN
3 THE EXECUTION OF DEVELOPMENT AGREEMENT NOS. 05-01, 05-02, 5-03, AND 05-0
4 RELATED TO mE SAN BERNARDINO INTERNATIONAL TRADE CENTER SPECIFI
PLAN.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
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SECTION I.
RECITALS.
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A.
WHEREAS, the Mayor and Common Council adopted the General Plan for the City 0
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San Bernardino by Resolution No. 89-159 on June 2,1989; and
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WHEREAS, the General Plan made provisions for the adoption of developmen
B.
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agreements and development plans to further implement the goals, objectives and policies; and
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C.
WHEREAS, Development Agreement Nos. 05-01, 05-02, 05-03, and 05-04 will vest th
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developers with the right to develop the subject properties in accordance with the San Bernardin
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International Trade Center Specific Plan; and
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WHEREAS, in 1996, the Mayor and Common Council certified a Final Environment
D.
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Impact Report (1996 FEIR), adopted Facts, Findings, and a Statement of Overriding Consideration
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adopted a Mitigation Monitoring and Reporting Plan, and adopted General Plan Amendment No. 95-03
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21 and Specific Plan No. 95-01, the San Bernardino International Trade Center Specific Plan, for the non
22 airport portions offormer Norton A.F.B.; and
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E.
WHEREAS, on October 17, 2005, the Mayor and Common Council certified a Fina
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Subsequent Environmental Impact Report, adopted Facts, Findings, and a Statement of Overridin
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Considerations, adopted a Mitigation Monitoring and Reporting Plan, certified the Traffic Impac
27 Analysis, and adopted General Plan Amendment No. 05-08 and Specific Plan Amendment No. 05-01
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2005-360
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and approved Development Permit n No. 05-49 and Tentative Parcel Map No. 17235 related to th
Stater Bros. Markets Distribution Center Project; and
F. WHEREAS, the Subsequent EIR addressed said Development Agreements as approved
by this Resolution and the accompanying Staff report describes the environmental processing an
determinations to be made in connection therewith;
G. WHEREAS, the Planning Commission conducted a noticed public hearing on October 4,
2005 in order to receive public testimony and written and oral comments on said Developmen
Agreements; and
H. WHEREAS, the Planning Commission, after receiving public testimony, recommende
approval of said Development Agreements; and
I. WHEREAS, the Mayor and Common Council conducted a noticed public hearing 0
October 17, 2005 and fully reviewed and considered Development Agreement Nos. 05-01,05-02,05-03
and 05-04, the Planning Division staff reports, and the recommendation ofthe Planning Commission.
DEVELOPMENT AGREEMENT FINDINGS
SECTION n.
BE IT FURTHER RESOLVED by the Mayor and Common Council of the City of S
Bernardino that:
A.
Said Development Agreements are not in conflict with the goals, objectives and policies
of the General Plan.
B.
C.
Said Development Agreements are consistent with the Development Code.
Said Development Agreements will promote the welfare and public interest of the City.
DEVELOPMENT AGREEMENT ADOPTION
SECTION m.
BE IT FURTHER RESOLVED by the Mayor and Common Council that:
A. Said Development Agreements are hereby adopted and will govern the development
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2005-360
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within the San Bernardino International Trade Center Specific Plan Area as specifically described in th
2 said Development Agreements labeled Attachments A through D, copies of which are attached an
3 incorporated herein by reference.
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B.
The Mayor is hereby authorized and directed to execute, on behalf of the City, said
Development Agreements. Said Development Agreements are legislative acts subject to referendum.
C.
The authorization to execute said Development Agreements is rescinded if the parties to
8 the agreements fail to execute them within sixty (60) days of the passage of the Resolution.
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NOTICE OF DETERMINATION
SECTION IV.
Based upon the recommendations contained in the Staff report as presented to the Mayor an
Common Council, the Mayor Common Council hereby find and determine that the approval of th
above defmed Development Agreements was duly considered in the Subsequent EIR as reference
above and all actions required pursuant to the California Environmental Quality Act have been dul
taken in connection with said Development Agreements and the approval thereof.
The Planning Division is hereby directed to file a Notice of Determination with the County Cler
of the County of San Bernardino certifying the City's compliance with the California Environment
19 Quality Act.
20 SECTION V.
RECORDATION
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The applicant/party in interest shall record said Development Agreements in the Office of th
County Recorder no later than ten (10) days after it is executed by the parties.
IIIIIII
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2005-360
,
RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING AND AUTHORlZIN
THE EXECUTION OF DEVELOPMENT AGREEMENT NOS. 05-01, 05-02, 05-03, AND 05-
2 RELATED TO THE SAN BERNARDINO INTERNATIONAL TRADE CENTER SPECIFI
PLAN.
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4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and Common
5 Council of the City of San Bemardino'a1~int regul~eeting thereof, held on the 17th day of
6 October , 2005, by the following vote to wit:
7 Council Members: Aves Abstain Absent
Navs
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ESTRADA X
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LONGVILLE X
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11 MCGINNIS X
12 DERRY X
13 X
KELLEY
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JOHNSON X
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MC CAMMACK X
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Q~h.~
.......
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2005.
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21 The foregoing resolution is hereby approved this Ifit day of
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25 Approved as to form and Legal Content:
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By:
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