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ORIGINAL
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: James Funk, Director
Subject: Specific Plan Amendment No. 05-
01, General Plan Amendment No. 05-08,
Development Permit II No. 05-49, and
Tentative Parcel Map No. 17235 - Stater
Bros. Markets Distribution Center.
Dept: Development Services
Date: September 27,2005
MCC Date: October 17,2005
Synopsis of Previous Council Action: None
Recommended Motion:
That the hearing be closed and the Mayor and Common Council adopt the resolution, and approve
Development Permit II No. 05-49 and Tentative Parcel Map No. 17235, based on the Findings of Fact
and subject to the Conditions of Approval and Standard Requirements.
~u.:J?m-.r$
James Fu
Contact person:
V"lprip r Rm:", rity Phnnpr
Phone: 'iO'i7
Supporting data attached: Staff Report & Resolution Ward:
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FUNDING REQUIREMENTS: Amount: N/A
Source: (Acct. N~.)
(Acct. Description)
Finance:
Council Notes:
~ r 'J l7()S"- 351
Agenda Item No.
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
ST AFF REPORT
SUBJECT:
Owner/ Applicant:
Don Rogers
San Bernardino International Airport Authority/
Inland Valley Development Agency
294 S. Leland Norton Way, Suite 1
San Bernardino, Ca 92408
909.382.4100
Scott Limbacher
Stater Bros. Markets
21700 Barton Road
Colton, Ca 92324
909.783.5277
BACKGROUND
The Inland Valley Development Agency (IVDA) submitted applications to amend the San
Bernardino International Trade Center Specific Plan and the General Plan. Stater Bros. Markets
submitted applications to construct a corporate office and warehouse/distribution facility and
consolidate parcels and resubdivide for the project. The proposed Stater Bros. Markets Distribution
Center will be located on approximately 163 acres located east of Tippecanoe Avenue, south of Harry
Sheppard Boulevard (Exhibit 1). Generally, the applications include the following:
San Bernardino International Trade Center Specific Plan Amendment (SPA) No. 05-01
. Delete Office as a land use designation and change the area between Tippecanoe Avenue and
Memorial Drive between Harry Sheppard Boulevard and an extension of Mill Street to Industrial,
. Remove Del Rosa Avenue south of Harry Sheppard Boulevard and Mill Street east of Tippecanoe
Avenue as major arterials to the Circulation Element,
. Remove Memorial Drive as a secondary arterial to the Circulation Element,
. Various text changes to accommodate the project, and
. Adjustment of SBITC SP and Airport boundaries.
General Plan Amendment No. 05-08
. Corresponding amendments to the General Plan.
Development Permit II No. 05-49
. Construction of a 45,000 square foot corporate office building, 1,086,000 square foot dry grocery
warehouse, 644,000 square foot refrigerated warehouse, 41,000 square foot truck maintenance
building, 46,000 square foot dispatch/returns building, and 19,500 square construction office
building and related on-site and off-site improvements.
Tentative Parcel Map No. 17235
. Consolidation of parcels to accommodate the project and creation of seven parcels and one
lettered lot, as follows:
. Parcell - Stater Bros. Markets (~159.70 acres)
. Parcel 2 - Fuel Station (1.0 acre - future)
. Parcel 3 - Stater Bros. parking (-4.67 acres)
. Parcel 4 - Kelly Space and Technology (-9.51 acres)
. ParcelS -Building 730 (-1.75 acres)
. Parcel 6 - IVDAJSBIAA Offices (-2.47 acres)
. Parcel 7 - Building 747 (-9.96 acres)
. Parcel "A" - Private street (-6.91 acres)
Please refer to the Planning Commission staff report (Exhibit 2) for a complete discussion.
At their meeting of October 4, 2005, the Planning Commission recommended approval.
Commissioners voted in favor of the motion.
FINANCIAL IMP ACT
None; the applicants paid the applicable processing fees.
RECOMMENDATION
Staff recommends that the Mayor and Common Council adopt the resolution and approve
Development Permit II No. 05-49, based on the Findings of Fact and subject to the Conditions of
Approval and Standard Requirements.
Location Map
Planning Commission Staff Report
Attachments:
A
B
C
D
Exhibits:
1
2
3
H
I
Resolution
E
F
G
Location Map
Stater Bros. Site Plan, Floor Plans, and Elevations
Specific Plan Amendments
Draft Subsequent Environmental Impact Report (including
proposed SBITC SP and General Plan amendments) *
Comments and Responses *
Mitigation Monitoring and Reporting Program *
Draft Facts, Findings, and Statement of Overriding
Consideration
Conditions of Approval
Standard Requirements
* Distributed under separate cover on September 20, 2005 and September 23, 2005
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RESOLUTION NO. t~IPY
RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING THE
FACTS, FINDINGS AND STATEMENT OF OVERRIDING CONSIDERATIONS,
CERTIFYING THE FINAL SUBSEQUENT ENVIRONMENTAL IMPACT
REPORT, ADOPTING THE MITIGATION MONITORING AND REPORTING
PLAN, CERTIFYING THE TRAFFIC IMPACT ANALYSIS, ADOPTING
SPECIFIC PLAN AMENDMENT NO. 05-01 AND GENERAL PLAN
AMENDMENT NO. 05-08 FOR THE STATER BROS. MARKETS
DISTRIBUTION CENTER.
SECTION I. RECITALS
(a) WHEREAS, the Mayor and Common Council of the City of San
Bernardino ("City") adopted the General Plan for the City by Resolution No. 89-159 on
June 2, 1989; and
(b) WHEREAS, the General Plan recognized the importance of redeveloping
the former Norton Air Force Base; and
(c)
WHEREAS, in 1995, the Mayor and Common Council adopted General
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Plan Amendment No. 95-03 to designate the airport portion of former Norton A.F.B. as
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"A" Airport; and
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(d)
WHEREAS, in 1996, the Mayor and Common Council certified a Final
20 Environmental Impact Report (1996 FEIR), adopted Facts, Findings, and Statement of
Considerations, adopted a Mitigation Monitoring and Reporting Plan, and adopted
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22 General Plan Amendment No. 95-03 and Specific Plan No. 95-01, the San Bernardino
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International Trade Center Specific Plan, for the non-airport portions of former Norton
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A.F.B.; and
(e)
WHEREAS, Tom Dodson and Associates, on behalf of the City, prepared
27 an Initial Study for the proposed Stater Bros. Markets Distribution Center Project
28 ("Project") and other entitlement actions; and
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(f) WHEREAS, on March 24, 2005, the Environmental Review Committee
determined that the Stater Bros. Market Distribution Project could have significant
effects on the environment, beyond those impacts identified in the 1996 FEIR, and thus
warranted the preparation of a Subsequent Environmental Impact Report pursuant to the
California Environmental Quality Act (CEQA); and
(f) WHEREAS, the Notice ofIntent of the City to prepare a Draft
Subsequent Environmental Impact Report was made known to the public, responsible
agencies and other interested persons for their concerns and comments from March 29,
2005 through April 30, 2005 as required by CEQA; and
(g) WHEREAS, on April 7, 2005 the City Held a public scoping meeting to
solicit public comments on the preparation of the Draft Subsequent EIR; and
(h) WHEREAS, a Draft Subsequent EIR was distributed for a 45-day public
review period from June 21, 2005 through August 4, 2005; and
(i) WHEREAS, three comment letters were received before the close of the
public review period and written responses were provided on September 23, 2005 and
the specific responses to the written comments are in the Final Subsequent EIR; and
(j) WHEREAS, on September 29, 2005 the Environmental Review
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23 (n) WHEREAS, the Mayor and Common Council adopted a Land
24 Use/Transportation Analysis Program for the City pursuant to the CMP for the City of
25 San Bernardino by Resolution No. 93-74 on March 22, 1993; and
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written and oral comments relating to the Draft Subsequent EIR and proposed
amendments to the City General Plan in compliance with City requirements; and
(k) WHEREAS, the Planning Commission considered the Development
Services Department Staff Report on October 4, 2005, which addresses the Draft
Subsequent EIR and the proposed Stater Bros. Markets Distribution Center Project and
(I) WHEREAS, the Planning Commission, after receiving public testimony,
recommended that the Mayor and Common Council adopt the Facts, Findings and
Statement of Overriding Considerations, certify the Final Subsequent Environmental
Impact Report (SCH# 2005041008), adopt the Mitigation Monitoring and Reporting
Plan, certify the Traffic Impact Analysis, adopt General Plan Amendment No. 05-08,
adopt Specific Plan Amendment No. 05-01, approve Development Permit II No. 05-49,
and approve Tentative Parcel Map No. 17235; and
(m) WHEREAS, on November 3, 1993 the San Bernardino Associated
Governments adopted the Congestion Management Program (CMP) pursuant to
California Government Code Section 65809.3(a) which required the county and cities to
adopt and implement "a program to analyze the impacts of land use decisions, including
an estimate of the costs associated with mitigating these impacts" on the CMP network
of roadways; and
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(0) WHEREAS, the City determined that the Project exceeded the scope of
the 1996 TIA and thus warranted the preparation of an updated TIA pursuant to the
Congestion Management Program; and
(p) WHEREAS, a Draft TIA was prepared to address the traffic impacts of
the Project on designated CMP roadways and freeways, the appropriate mitigation
measures, and fair share contribution toward CMP roadway and freeway improvements;
and
(q) WHEREAS, the Draft TIA was made available to the various regional
and sub-regional agencies and to the adjacent jurisdiction for their review during a 21-
day review period which began on July 28, 2005 and ended on August 19, 2005 as
required by the CMP; and
(r) WHEREAS, verbal and written comments were received on the Draft
TIA and responded to via changes to the Draft TIA; and
(s) WHEREAS, the Mayor and Common Council conducted a noticed public
hearing on October 17, 2005, and fully reviewed and considered the Draft Subsequent
EIR, Final Subsequent EIR, the Mitigation Monitoring and Reporting Plan, the Facts,
Findings and Statement of Overriding Considerations, the Draft TIA, the Planning
Division staff reports, and the recommendation of the Planning Commission.
The facts and information contained in the Recitals section are true and
correct.
The Subsequent Environmental Impact Report for the Stater Bros. Markets
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Distribution Center Project, including General Plan Amendment No. 05-08, Specific Plan
Amendment No. 05-01, Development Permit II No. 05-49, and Tentative Parcel Map No.
17235 have been completed in compliance with the California Environmental Quality
Act. Attached to this Resolution as Exhibit A, and incorporated herein by reference, is the
Final Subsequent EIR which consists of the Draft Subsequent EIR (which includes a list
of persons, organizations and public agencies commenting on the Draft Subsequent EIR),
the comments received on the Draft Subsequent EIR either verbatim or in summary, and
responses to those comments.
B. The Final Subsequent EIR was presented to the Mayor and Common
Council who have reviewed and considered the information in the Final Subsequent EIR
prior to its certification and prior to its adoption of General Plan Amendment No. 05-08,
Specific Plan Amendment No. 05-01, and other entitlement actions.
C. The Final Subsequent EIR has identified all significant environmental
effects of the Stater Bros. Markets Distribution Center and other entitlement actions.
D. Although the Final Subsequent ElR identifies certain significant
environmental effects that would result if the Stater Bros. Markets Distribution Center
Project occurs, all significant effects that can feasibly be avoided or mitigated will be
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21 Common Council of the City of San Bernardino.
22 SECTION III. GENERAL PLAN AND SPECIFIC PLAN FINDINGS
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social, or other considerations as set forth in the Facts, Findings and Statement of
Overriding Considerations, attached to this Resolution as Exhibit C and incorporated
herein by reference.
F. The Mayor and Common Council have given great weight to the
significant unavoidable adverse environmental impacts. The Mayor and Common
Council find that the significant unavoidable adverse environmental impacts are clearly
outweighed by the economic, social, cultural, and other benefits of the Stater Bros.
Distribution Center Project, General Plan Amendment No. 05-08, Specific Plan
Amendment No. 05-01, and other entitlement actions, as set forth in the Facts, Findings
and Statement of Overriding Consideration.
G. The findings contained in the Facts, Findings and Statement of Overriding
Consideration with respect to the significant impacts identified in the Final Subsequent
EIR are true and correct, and are based upon substantial evidence in the record, including
documents comprising the Final Subsequent EIR.
H. The Final Subsequent Environmental Impact Report, Mitigation
Monitoring and Reporting Plan, and the Facts, Findings and Statement of Overriding
Consideration reflect the independent review, analysis and judgment of the Mayor and
A. The proposed amendments are consistent with the General Plan and San
Bernardino International Trade Center Specific Plan. Goal! of the SBITC SP states:
"Replace lost jobs with new job generating uses and quality projects." Goal 2 states:
"Integrate the Norton Air Force Base site back into the physical structure of the
community."
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Adoption of the amendments to the General Plan and SBITC SP allow the
proposed Stater Bros. Markets Corporate Offices and Distribution Center to proceed.
The consolidation of the various Stater Bros. facilities at this location not only retains
local jobs, but also provides opportunities for new jobs as the company continues to
grow.
B. The proposed amendments will not be detrimental to the public interest,
health, safety, convenience, or welfare of the City. The Initial Study and the Subsequent
EIR analyzed potential impacts related to the proposed amendments and determined that
there were no impacts directly related to the General Plan and/or Specific Plan
Amendments that could not be mitigated to a level of less than significant.
SECTION IV. TRAFFIC IMPACT ANALYSIS
A.
The TIA for the Stater Bros. Distribution Center Project has been
completed in compliance with the regional CMP and the City's Land Use/Transportation
Analysis Program and found to be consistent with the regional Congestion Transportation
Plan model. The TIA and all the evidence and information contained therein is attached
hereto as Exhibit D and incorporated herein by reference.
19 SECTION V. CERTIFICATION OF THE SUBSEQUENT ENVIRONMENTAL
20 IMPACT REPORT
21 NOW, THEREFORE BE IT RESOLVED, FOUND AND DETERMINED by the
22 Mayor and Common Council of the City of San Bernardino that the Final Subsequent
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Environmental Impact Report (SCH #2005041008) is hereby certified, the Facts,
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Mitigation Monitoring and Reporting Plan is hereby adopted.
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Findings and Statement of Overriding Considerations are hereby adopted, and the
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certified.
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22 SECTION VII. NOTICE OF DETERMINATION
23 In accordance with the provisions of this Resolution, the Planning Division is
24 hereby directed to file a Notice of Determination with the County of San Bernardino
25 Clerk of the Board of Supervisors certifying the City's compliance with the California
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Environmental Quality Act in preparing and adopting the Final Subsequent
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Environmental Impact Report, the Facts, Findings and Statement of Overriding
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SECTION VI. GENERAL PLAN AND SPECIFIC PLAN AMENDMENTS
A. General Plan Amendment No. 05-01 and Specific Plan Amendment No.
05-08, the amendment to the General Plan and the San Bernardino International Trade
Center Specific Plan of the City of San Bernardino to delete Office as a land use
designation and change the area between Tippecanoe Avenue and Memorial Drive
between Harry Sheppard Boulevard and an extension of Mill Street to Industrial, to
remove Del Rosa Avenue south of Harry Sheppard Boulevard and Mill Street east of
Tippecanoe Avenue as major arterials to the Circulation Element, to remove Memorial
Drive as a secondary arterial to the Circulation Element, various text changes to
accommodate the project, and adjustment of SBITC SP and Airport boundaries are
hereby adopted.
B. The amendments designated as General Plan Amendment No. 05-08 and
Specific Plan Amendment No. 05-01 shall take effect upon adoption of this resolution by
the Mayor and Common Council as provided herein.
SECTION VI. CERTIFICATION OF THE TRAFFIC IMPACT ANALYSIS REPORT
NOW, THEREFORE BE IT RESOLVED, FOUND AND DETERMINED by the
Mayor and Common Council that the Traffic Impact Analysis (TIA) for the Project is
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Consideration, and the Mitigation Monitoring and Reporting Plan. A copy of the Notice
of Determination will be forwarded to the State Clearinghouse.
SECTION VII. EFFECTIVE DATE
The certification of the Final Subsequent EIR and the adoption of the amendment
designated as General Plan Amendment No. 05-08 and Specific Plan Amendment No.
05-01 shall be effective immediately upon adoption.
III
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12 DERRY
RESOLUTION OF THE CITY OF SAN BERNARDINO CERTIFYING THE
FINAL SUBSEQUENT ENVIRONMENTAL IMPACT REPORT, ETC. FOR THE
ST A TER BROS. MARKETS DISTRIBUTION CENTER.
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
Common Council of the City of San Bernardino at a
meeting thereof, held
on the
day of
,2005, by the following vote to wit:
Council Members:
Abstain
Absent
Aves
Navs
ESTRADA
LONGVILLE
MCGINNIS
13 KELLEY
14 JOHNSON
15
MC CAMMACK
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18 Rachel G. Clark, City Clerk
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The foregoing resolution is hereby approved this day of
20 2005.
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Judith Valles, Mayor
City of San Bernardino
s to form and Legal Content:
24 By:
25 /1 es F. Penman
/ ity Attorney
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** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
./
Meeting D.t, (D.te Ad~ted)' 10, n ' c<, Item # lj J-.
Vote: Ayes ~ Nays
Change to motion to amend original documents D
...., /""/1
Resolution # de; 05- -' j 5 . (
Abstain
Absent
Companion Resolutions
days /
NulI/Void After:
Resolution # On Attachments: D
Note on Resolution of attachment stored separately: D
PUBLISH 0 POST D RECORD W/COUNTY D
Date Sent to Mayor: J 0 I I ~. (7 (' /
Date of Mayor's Signature: If\:, /IQjr 0'\ ,
Date ofClerklCDC Signature: Ie, /(.1,0 ~
.
By:
rtJ'
/
Seal Impressed: [2f
Reso. # on Staff Report 0/
Reso. Log Updated:
Date Memo/Letter Sent for Signature:
1 ,t Reminder Letter Sent:
Date Returned:
2nd Reminder Letter Sent:
Not Returned: D
Request for Council Action & Staff Report Attached:
Updated Prior Resolutions (Other Than Below):
Updated CITY Personnel Folders (6413, 6429, 6433, 10584, 10585, 12634):
Updated CDC Personnel Folders (5557):
Updated Traffic Folders (3985, 8234, 655, 92-389):
Yes ./ No By__
./'.
Yes No By_
Yes No~ By_
Yes NO---l-- By_
Yes No-----L By_
Copies Distributed to:
Animal Control
D
~/
/
Code Compliance D / Fire Department
Development Services 0' (;y Human Re~urces
~1lv~ K-f0? J'>>.f{( }r.-t.du.,,-,
/ ' 0
EDA
D Information Services D
D Parks & Recreation D
D Police Department D
D Public Services D
D Water Department D
City Administrator
Facilities
City Attorney
Finance
Others:
Notes:
Ready to File: ~
/
/
if! ')'S~ Q) \
Date:
Revised 12118/03
OFFICE OF THE CITY CLERK
RACHEL G. CLARK, C.M.C. - CITY CLERK
300 North "D" Street. San Bernardino. CA 92418-0001
909.384.5002. Fax: 909.384.5158
www.sbcity.org
SM
October 21, 2005
Mr. Scott Limbacher
Stater Bros. Markets
21700 Barton Road
Colton, CA 92324
Dr. Mr. Limbacher:
At the Mayor and Common Council meeting held on October 17, 2005, the following action was
taken relative to Specific Plan Amendment No. 05-01, General Plan Amendment No. 05-08,
Development Permit II No. 05-49, and Tentative Parcel Map No. 17235, a request from Stater
Bros. Markets to construct a corporate office and warehouse/distribution facility east of
Tippecanoe A venue, south of Harry Sheppard Boulevard:
The hearing was closed; and the Mayor and Common Council adopted the
resolution (2005-359) and approved Development Permit II No. 05-49 and
Tentative Parcel Map No. 17235, based upon the Findings of Fact and subject to
the Conditions of Approval and Standard Requirements.
If we can be of further assistance, please do not hesitate to contact this office.
Sincerely,
~h.~
Rachel G. Clark
City Clerk
RGC:lls
cc: Development Services
Don Rogers, San Bernardino International Airport Authority, Inland -# .
Agency, 294 S. Leland Norton Way, Suite 1, San Bernardino, CA LJ l
CITY OF SAN BERNARDINO
ADOPTED SHARED VALUES: Integrity. Accountability. Respect for Human DIgnity. Honesty