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ORIGINAL
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: James Funk, Director
Subject: Development Agreement Nos. 05-
01, 05-02, 05-03, and 05-04 related to the
San Bernardino International Trade Center
Specific Plan.
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 authorizing the
execution of Development Agreement Nos. 05-01, 05-02, 05-03, and 05-04.
WWut.AA C Jr
James nk
Contact person:
V~lf'rif' r R"",,> rity Pbnnf'r
Phone: 'i0'i7
Supporting data attached: Staff Report & Resolutions Ward:
FUNDING REQUIREMENTS: Amount: N/A
Source: (Acct. No.)
(Acct. Description)
Finance:
Council Notes:
fp. :AD()5-~ 360
Agenda Item No.
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
SUBJECT:
Owners/Applicants:
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
John Magness
Hillwood Development
105 N. Leland Norton Way, Suite 3
San Bernardino, CA 92408
909. 382.0033
BACKGROUND
The San Bernardino International Airport Authority (SBlAA), the Inland Valley Development
Agency (IVDA), Stater Bros. Markets, and Hillwood Development are requesting four separate
Development Agreements to provide assurances that the land uses currently allowed under the San
Bernardino International Trade Center Specific Plan (SBITC SP) and the General Plan will not be
changed and development will be allowed to proceed. The Development Agreements are summarized
as follows:
Development Agreement No.1 - This Agreement is between the IVDA, Hillwood Development, and
the City. It includes approximately 180 acres and includes the area bounded by 3rd Street, Tippecanoe
Avenue, Harry Sheppard Boulevard, and Del Rosa Avenue; the former Base Exchange and NCO
Club, located east of Del Rosa Avenue, south of3rd Street; and the former Palm Meadows Golf
Course and a triangular parcel south of Palm Meadows Drive (Exhibit 1).
Development Agreement No.2 - This Agreement is between the IVDA, SBIAA, Stater Bros.
Markets, and the City. It includes approximately 163 acres of the proposed Stater Bros. Markets
Distribution Center Project located east of Tippecanoe, south of Harry Sheppard Boulevard (Exhibit
2).
Development Agreement No.3 - This Agreement is between Hillwood Development and the City. It
includes approximately 45 acres, which is the Pep Boys Distribution Center and expansion area
(Exhibit 3).
Development Agreement No.4 - This Agreement is between Hillwood Development and the City. It
includes approximately 15 acres located at the northwest comer of Tippecanoe Avenue and Mill
Street, directly south of the Pep Boys Distribution Center (Exhibit 4).
Please refer to the Planning Commission staff report (Exhibit 5) for a complete discussion.
At their meeting of October 4,2005, the Planning Commission unanimously recommended approval.
Commissioners Brown, Coute, DUIT, Enciso, Heasley, Morris, Powell, and Sauerbrun voted in favor
of the motion.
FINANCIAL IMPACT
None; the applicants paid the applicable processing fees.
RECOMMENDATION
Staff recommends that the Mayor and Common Council adopt the resolution authorizing the execution of
Development Agreement Nos. 05-01, 05-02, 05-03, and 05-04.
Exhibits:
1
2
Planning Commission Staff Report dated October 4,2005
Resolution and Development Agreement Nos. 05-01, 05-02,05-03, and 05-04
RESOLUTION NO. t ({J) lPlf
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RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING AND AUTHORIZIN
THE EXECUTION OF DEVELOPMENT AGREEMENT NOS. 05-01, 05-02, 5-03, AND 05-0
RELATED TO THE 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 1.
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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B.
WHEREAS, the General Plan made provisions for the adoption of developmen
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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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D.
WHEREAS, in 1996, the Mayor and Common Council certified a Final Environmenta
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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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and Specific Plan No. 95-01, the San Bernardino International Trade Center Specific Plan, for the non
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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
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Analysis, and adopted General Plan Amendment No. 05-08 and Specific Plan Amendment No. 05-01
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AID, if 3
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and approved Development Permit II No. 05-49 and Tentative Parcel Map No. 17235 related to th
Stater Bros. Markets Distribution Center Project; and
F. 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
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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 of the Planning Commission.
SECTION II.
DEVELOPMENT AGREEMENT FINDINGS
BE IT FURTHER RESOLVED by the Mayor and Common Council of the City of Sa
Bernardino that:
A. Said Development Agreements are not in conflict with the goals, objectives and policies
of the General Plan.
B.
B.
Said Development Agreements are consistent with the Development Code.
Said Development Agreements will promote the welfare and public interest of the City.
SECTION III.
DEVELOPMENT AGREEMENT ADOPTION
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BE IT FURTHER RESOLVED by the Mayor and Common Council that:
A. Said Development Agreements are hereby adopted and will govern the development
within the San Bernardino International Trade Center Specific Plan Area as specifically described in th
said Development Agreements labeled Attachments A through D, copies of which are attached an
incorporated herein by reference.
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B. The Mayor is hereby authorized and directed to execute, on behalf of the City, said
2 Development Agreements. Said Development Agreements are legislative acts subject to referendum.
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c.
The authorization to execute said Development Agreements is rescinded if the parties to
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the agreements fail to execute them within sixty (60) days of the passage of the Resolution.
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SECTION IV.
NOTICE OF DETERt\.lINA TION
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The Planning Division is hereby directed to file a Notice of Determination with the County Cler
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of the County of San Bemardino certifying the City's compliance with the Califomia Environrnenta
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Quality Act.
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SECTION V.
RECORDATION
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I The applicant/party in interest shall record said Development Agreements in the Office of th
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I County Recorder no later than tcn (10) days after it is executcd by the parties.
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RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING AND AUTHORIZIN
THE EXECUTION OF DEVELOPMENT AGREEMENT NOS. 05-01, 05-02, 05-03, AND 05-0
2 RELATED TO THE SAN BERNARDINO INTERNATIONAL TRADE CENTER SPECIFI
PLAN.
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I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and Common
5 Council of the City of San Bernardino at a
meeting thereof, held on the
day of
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7 Council Members:
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ESTRADA
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10 LONGVILLE
]1 MCGINNIS
]2 DERRY
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KELLEY
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JOHNSON
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16 MC CAMMACK
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,2005, by the following vote to wit:
Ayes
Nays
Abstain
Absent
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Rachel G. Clark, City Clerk
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The foregoing resolution is hereby approved this
day of
,2005.
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Judith Valles, Mayor
City of San Bernardino
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Approved as to form and Legal Content:
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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 Development Agreement Nos. 05-01, 05-02, 05-03 and 05-04 and the San
Bernardino International Trade Center:
The hearing was closed; and said resolution (2005-360) was adopted, as amended.
If we can be of further assistance, please do not hesitate to contact this office.
Sincerely,
~
City Clerk
/;J.~
RGC:lls
cc: Development Services
Don Rogers, San Bernardino International Airport Authority, Inland Valley Development
Agency, 294 S. Leland Norton Way, Suite 1, San Bernardino, CA 92408
John Magness, Hillwood Development, 105 N. Leland Norton Way, Suite 3, San
Bernardino, CA 92408
1t~3
CITY OF SAN BERNARDINO
ADOPTED SHARED VALUES: Integrity. Accountability. Respect for Human Dj
Recording Requested
By and Mail To:
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City of San Bernardino
300 North "D" Street
San Bernardino, CA 92418
When Recorded, Mail To:
DEVELOPMENT AGREEMENT
BETWEEN
THE CITY OF SAN BERNARDINO
AND HILL WOOD/SAN BERNARDINO, LLC
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Mr. James F. Penman, Esq.
Office of the City Attorney
City Hall, Sixth Floor
300 North "D" Street
San Bernardino, CA 92418
This Development Agreement Between the City of San Bernardino and
Hillwood/San Bernardino, LLC (this "Agreement") is entered into by the City of San
Bernardino, California, a municipal corporation (the "City") and Hillwood/San Bernardino, LLC,
a Delaware limited liability company ("Hill wood"), regarding the development of real property
in the City, to be effective as of the Effective Date (hereinafter defined). For good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, the City and
Hillwood agree as follows:
1. RECITALS. This Agreement is entered into with reference to the following facts:
1. I The Master DDA. Hillwood and Inland Valley Development Agency ("IVDA") entered
into a Master Disposition and Development Agreement effective November 6, 2002 (as
amended, the "Master DDA"). Pursuant to the Master DDA, Hillwood has the right to
develop certain land in the former Norton Air Force Base described in the attached Exhibit
A (the "DDA Land"). Hillwood already has developed on the DDA Land an approximate
1,200,000 square foot distribution facility for MatteI and an approximate 600,000 square
foot distribution facility for Pep Boys. The IVDA is the owner of the DDA Land that is
subject to the Master DDA, except as referenced in Sections 1.3 and 1.4 below. Hillwood
is negotiating for the development of specific other projects and intends to develop further
projects, exceeding development benchmarks under the Master DDA (the "Hill wood
Projects").
1.2
Stater Bros. Stater Bros. Markets, a California corporation ("Stater Bros."), desires to
develop (a) approximately 90 acres of the DDA Land described on the attached Exhibit B
(the "Stater Bros. DDA Parcel"), and (b) and an additional adjoining sixty-five (65) acres
#43
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Development Agreement between CIty and Developer No I CHIP \ 12 Fll1al Rev 10 l10S oor
(together with the Stater Bros. DDA Parcel, the "Stater Bros. Proiect Site") for a new
company headquarters and consolidated distribution facility costing in excess of
$160,000,000 (the "Stater Bros. Proiect"). In order for Stater Bros. to be able to develop
the Stater Bros. Project on the Stater Bros. Project Site, Hillwood must surrender its
development rights under the Master DDA on the Stater Bros. DDA Parcel and designate
Stater Bros. as the entity to which IVDA is authorized to convey the Stater Bros. DDA
Parcel. The loss of the development rights of Hillwood to of the Stater Bros. DDA Parcel
affects the land inventory under the Master DDA which can be developed by Hillwood.
Hillwood is not being compensated by Stater Bros. for the full value of the loss of such
development rights but is willing to accept such less than full value to facilitate the
development of the Stater Bros. Project, provided that it obtains, among other items, the
benefits of this Agreement. Accordingly, in order to accept such loss of land inventory,
Hillwood must have assurances of the certainty of certain existing development rights on
the remainder of the DDA Land. That is the purpose of this Agreement and the Other
Development Agreements (hereinafter defined). Hillwood would not surrender such
development rights without assurances, in addition to such development rights certainty on
the remainder of the DDA Land, that the Stater Bros. Project, in fact, would be developed
and constructed. Accordingly, (a) Hillwood and Stater Bros. have entered into an
agreement pursuant to which Hillwood has agreed to designate Stater Bros. to acquire the
portion of the Stater Bros. Project Site under the Master DDA subject to certain conditions
being satisfied, one of which is the execution of this Agreement and the Other
Development Agreements, and (b) IVDA and Stater Bros have entered into an Owner
Participation Agreement dated June 14, 2004, pursuant to which IVDA will convey to
Stater Bros. a portion of the DDA Land and other parcels and Stater Bros. has committed
to develop the Stater Bros. Project (the "OP A").
1.3 Prior Hillwood Take-Down Parcels. IVDA has conveyed certain parcels within the DDA
Land at the direction of Hillwood pursuant to the Master DDA. Those parcels are:
1.3.1 The parcel described in the attached Exhibit C (the "MatteI Parcel") currently
owned by Tec Parc Land, L.P., a California limited partnership (the "MatteI
Parcel Owner");
1.3.2 The parcel described in the attached Exhibit D (the "Pep Boys Parcel") currently
owned by Westgate No.1, L.P. (this "Pep Boys Parcel Owner"); and
1.3.3 The parcel adjacent to the Pep Boys Parcel that is described in the attached
Exhibit E (the "Pep Boys Adjacent Parcel") currently owned by Westgate No.2,
L.P. (the "Pep Boys Adjacent Parcel Owner").
1.4 The Golf Course. A portion of the DDA Land consists of the former Palm Meadows Golf
Course generally located south of the San Bernardino International Airport and described
in the attached Exhibit F (the "Golf Course Parcel"). IVDA has the legal right to acquire
and is in the process of acquiring the Golf Course Parcel from the United States of
America (pursuant to IVDA's rights in connection with the closing of the former Norton
Air Force Base), but such conveyance has not yet occurred. When the IVDA does acquire
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Development Agreement between City and Develoner No.1 CHIP v 12 Fin"1 R~v I () 1.1(1<; nnr
the Golf Course Parcel, it will own the Golf Course Parcel subject to the Master DDA, as
such parcel is part of the DDA Land.
1.5 Other Development Agreements. It is the intent of the City and Hillwood that the DDA
Land, the Stater Bros. Project Site, the Pep Boys Parcel and the Pep Boys Adjacent Parcel
receive the benefits of the Vested Provisions (hereinafter defined). Except as provided
below, this Agreement applies to the DDA Land, except for the MatteI Parcel, the Stater
Bros. DDA Parcel, the Pep Boys Parcel and the Pep Boys Adjacent Parcel. Other
Development Agreements executed as of the Effective Date will cause the Vested
Provisions to be applicable to the Stater Bros. Project Site (which includes the Stater Bros.
DDA Land), the Pep Boys Parcel and the Pep Boys Adjacent Parcel (the "Other
Development Agreements"). In the event that IVDA, after conveying the Stater Bros.
Project Site to Stater Bros., again becomes the owner of the Stater Bros. Project Site, (a)
IVDA and Hillwood have agreed that the Stater Bros. Project Site will be part of the DDA
Land and subject to the Master DDA, and (b) this Agreement then shall apply to the Stater
Bros. Project Site, with the Stater Bros. Project Site being subject to and benefited by this
Agreement.
1.6 Development Agreement Purpose. The City and Hillwood desire to enter into this
Agreement in order to facilitate and encourage the pursuit and development of the Stater
Bros. Project and future Hillwood Projects (collectively, the "Projects") and to establish
certainty in the development process for Projects on the Property (hereinafter defined).
1.7 Code Authorization and Acknowledgements. The City is authorized pursuant to California
Government Code Sections 65864 through 65869.5, (the "California Development Agreement
Legislation") to enter into development agreements with persons having legal or equitable
interests in real property for the purpose of establishing certainty in the development process.
The City enters into this Agreement pursuant to the California Development Agreement
Legislation and pursuant to City Code Chapter 19.40 (hereinafter defined).
1. 7.1 This Agreement constitutes a current exercise of the City's police powers to
provide certainty to Hillwood in the development approval process and the
development of the Property by vesting certain permitted land uses and
development criteria described in the Specific Plan (hereinafter defined) and
certain other matters set forth in this Agreement in exchange for significant public
benefits the City would receive if the Stater Bros. Project is developed as
provided in the OP A and if the Property is developed by Hillwood as
contemplated in the Master DDA.
1.7.2 This Agreement is granted in consideration of Stater Bros. entering into the OPA
and of the significant public benefits that could be derived from the development
of the Property and the DDA Land, including the development of the Projects
acting as a potentially significant catalyst for the development of other properties
within the IVDA redevelopment area within the City, as well as: (a) mitigating
blight currently existing in such area, (b) creating new employment opportunities
within the region; (c) contributing to the expansion and/or extension of public
services and utilities; and (d) otherwise resulting in the benefits provided for in
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Development Agreement between Citv and Developer No. I CHIP v 12 Final Rev] n I ,n, nor
the Master DDA, including the Projects. The City acknowledges that each of
these potential benefits independently provides sufficient public benefits to justify
this Agreement. The City further acknowledges that a significant benefit arising
from the Projects includes the potential additional tax increment revenues from
the Projects and the remainder of the IVDA redevelopment area in the City which
could be more rapidly developed due to the development of the Property.
1.8 General Plan Compliance. In connection with the approval of the Specific Plan and
certification of the environmental impact report (the "EIR") prepared in connection with
the Specific Plan, the Common Council of the City (the "Council") made findings that the
Specific Plan and the project are consistent with the City General Plan and City Code
Chapter 19.40. The "project" analyzed by the ElR included development as set forth in the
Specific Plan. No challenges were made to the determination of the General Plan and
Specific Plan consistency. The certification of the EIR and the approval of the Specific
Plan by the City included a determination of General Plan consistency. Such consistency
finding included a determination that the Specific Plan and the project complied with
General Plan Goal 1 B, Goal 1 G(b) and Goal I I. In addition, a General Plan consistency
determination was made in connection with subsequent amendments to the Specific Plan.
1.9 Development Agreement Findings. This Agreement is consistent with the City General
Plan, the Specific Plan and the City Development Code and will promote the welfare and
public interest of the City. Further, the Council makes the following findings and confinns
compliance with City Code Chapter 19.40:
1.9.1 Hillwood has requested and applied through the Director of the City's
Development Services Department (the "Director") to enter into this Agreement,
and IVDA have joined in such application;
1.9.2 Hillwood and IVDA have the legal or equitable ownership interest III the
Property, and the Property exceeds one acre in size;
1.9.3 Hillwood's application to enter into this Agreement has been made on forms
approved, and contains all information required, by the Director;
1.9.4 The status of Hillwood and IVDA as owners of, or holders oflegal or equitable
interests in, the Property has been established to the satisfaction of the Director;
1.9.5 Hillwood's application was accompanied by the fee established pursuant to
Chapter 19.32 (Application and Fees) and all other lawfully required documents,
materials and information;
1.9.6 The Director received, reviewed and processed Hillwood's application for
consideration by the Planning Commission of the City (the "Planning
Commission"), and the Council and has recommended that the Commission and
the Council approve Hillwood's application and the City entering into of this
Agreement;
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Development Agreement between City and Developer No. I CHIP vl2 Final Rev IOI305.DOC
1.9.7 The City has complied with all requirements of the California Environmental
Quality Act ("CEQA") and all other applicable laws in the approval of this
Agreement and adopting the Resolution (hereinafter defined).
1.9.8 All other requirements under applicable law have been satisfied by Hillwood or
the City with respect to this Agreement.
1.10 Planning Commission and Common Council Hearings. On October 4, 2005, the Planning
Commission, after giving the notice required by law, held a public hearing to consider the
application for adoption of this Agreement. At the conclusion of the public hearing, the
Planning Commission recommended to the Council that this Agreement be adopted as
proposed. On October 17, 2005, the Council, after providing notice as required by law,
held a public hearing to consider the application for adoption of this Agreement. The
Resolution was adopted by the City in accordance with the requirements and procedures
sct forth in Section 19.40.030 of City Code Chapter 19.40, approving the application for
adoption of this Agreement, authorizing execution of this Agreement by the Mayor of the
City and setting forth findings (with supporting facts) referenced in Section 1.9 above.
1.11 City Resolution. On October 17, 2005, the Council adopted Resolution No. _ (the
"Resolution") approving this Agreement. The Resolution became effective on
, 2005 (the "Effective Date").
1.12 City Code Chapter 19.40 Mandatory Contents. This Agreement does contain the
provisions required by Section 19.40.040 (1) of the City Code Chapter 19.40, as follows
(paragraph references are to said Section 19.40.040 (1)):
1.12.1 Duration - see Section 3.2 of this Agreement;
1.12.2 Uses, density, intensity, height and size - see Sections 3.3 and 3.4 and Exhibit G
of this Agreement;
1.12.3 No reservation or dedication of land for public purposes IS contained In this
Agreement;
1.12.4 No protection against fee increases - see Section 3.4.2(a)(ii) of this Agreement;
1.12.5 Tiered amendment process - see Section 7.2 of this Agreement; and
1.12.6 Health and safety exception - see Section 3.4.2(b) of this Agreement.
2. CERTAIN DEFINITIONS. In this Agreement, unless the context requires otherwise (and in
addition to other defined tenns in this Agreement):
2.1 "City Code Chapter 19.40" means Chapter 19.40 of the City Development Code in effect
as of the Effective Date.
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Development Agreement bctween City and Dcvelopcr No. I CHIP vl2 Final Rev IOI305.DOC
2.2 "General Plan" means the San Bernardino City General Plan in effect as of the Effective
Date.
2.3 "Hill wood Assignee" means a Person (a) to whom Hillwood (or a Hillwood Assignee)
expressly assigns its rights and obligations under this Agreement, and (b) who either is a
"Hillwood Affiliate" as defined in the Master DDA or an assignee of Hillwood's rights
under the Master DDA that is approved by IVDA. An Owner shall not be a Hillwood
Assignee merely due to being an Owner but may be a Hillwood Assignee if (a) and (b)
under this Section 2.3 are satisfied. IVDA may not be a Hillwood Assignee.
2.4 "Owner" means any Person that owns a parcel in the Property, except that the term
"Owner" shall not include (a) IVDA, (b) any governmental entity that owns merely a right-
of-way, easement for a right-of-way or utility easement, or (c) any utility company that
owns merely an easement or a sub-station or similar facility.
2.5 "Person" means any natural person, firm, association, organization, business trust,
partnership, joint venture, limited liability company, corporation or other legal entity.
2.6 "Property" means the following real property (improved or unimproved) situated in San
Bernardino, San Bernardino County, California:
2.6.1 The property described in the attached Exhibit A, which is the DDA Land save,
except and excluding the MatteI Parcel, the Pep Boys Parcel, the Pep Boys
Adjacent Parcel and the Stater Bros. DDA Parcel (subject to the provisions of the
last sentence of Section 1.5 above regarding the Stater Bros. Project Site);
2.6.2 The Stater Bros. Project Site if the IVDA reacquires such parcel as provided in
Section 1.5 above; and
2.6.3 The Golf Course Parcel, which is part of the DDA Land.
2.7 "Specific Plan" means the San Bernardino International Trade Center Specific Plan, as
adopted on March 4, 1996 and amended on September 3, 1999 and November I, 1999, and
as further amended by City Resolution No. 2004-324 approved by the City on October 7,
2004.
3. DEVELOPMENT OF THE PROPERTY; VESTED PROVISIONS
3.1 City Code Chapter 19.40. This Agreement is subject to the provisions of City Code Chapter
19.40.
3.2 Term. The term of this Agreement shall commence on the Effective Date and extend for a
period ending on the earlier of (a) 20 years following the Effective Date or (b) the date that
the Master DDA is terminated pursuant to the provisions of the Master DDA.
3.3 Vested Provisions. Hillwood shall have the vested right, to the fullest extent allowed
under the California Development Agreement Legislation and except as otherwise
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Development Agreement between City and Developer No.1 CHIP vl2 Final Rev I0130S.DOC
expressly provided in this Agreement, to develop the Property in accordance with the
specific provisions of the Specific Plan identified on the attached Exhibit G, all as in effect
as of the Effective Date and the other provisions of this Agreement (the "Vested
Provisions"). All existing and future rules, regulations, ordinances, resolutions and policies
of the City as applied to any use or development of the Property, shall be interpreted and
enforced, in a manner consistent with the Vested Provisions.
3.4 Changes in the Vested Provisions.
3.4.1 Except as provided in Section 3.4.2 below, any change in, or addition to, the
Vested Provisions adopted or becoming effective after the Effective Date,
including any change by means of ordinance, initiative, referendum, resolution,
motion, policy, order or moratorium, initiated or instituted for any reason
whatsoever and adopted by the Council, the Planning Commission or any other
commission or department of the City, or any officer or employee thereof, or by
the electorate, as the case may be, which would, absent this Agreement, otherwise
be applicable to the Property, shall not be applied to the Property to the extent that
any such change or addition conflicts or is inconsistent with any of the Vested
Provisions.
3.4.2 Notwithstanding the provisions of Section 3.4.1 above:
(a) The following shall apply to the Property to the same extent the same
apply uniformly to other property and projects in the City: (i) changes in
the City's building, plumbing, electrical, fire and grading codes and
ordinances, (ii) increases in development fees (from which increases this
Agreement provides no protection to Hillwood, (iii) imposition of new
fees applied on City-wide uniform and non-discriminatory basis including
traffic mitigation fees, and (iii) changes in state or federal law;
(b) The Vested Provisions may be modified only by the City as it determines
to address a compelling public necessity regarding health and safety that
cannot reasonably be addressed by other means or to comply with any
later adopted federal or state law or regulation; and
(c) The City may make changes in or additions to the Vested Provisions that
otherwise would be prohibited by this Agreement if the City first obtains
the written consent of Hillwood.
3.4.3 With respect to the Golf Course Parcel:
(a) Hillwood agrees that, unless the City amends the Specific Plan to provide
expressly for such use, Hillwood shall not develop any part of the Golf
Course Parcel or any part of the portions of the New SP Areas (defined
below) if such are included in a future amendment of the Specific Plan as
provided in Section 3.4.6(a) below for (i) an intermodal railyard, railyard,
rail distribution center or other rail yard facility, and/or (ii) any stand-alone
7
Development Agreement between City and Developer No. I CHIP vl2 Final Rev lOI305.DOC
(i.e., any of the hereinafter described facilities or activities in this item (ii)
which are not a part of an incidental use to that of a distribution center or
other facility constructed on the Property or the SP Areas, if such become
part of the area covered by the Specific Plan) truck maintenance, truck
parking facility, truck distribution or any other similar multi-modal
transportation facility. The above provisions of this Section 3.4.3(a) do not
prohibit or restrict the development of a rail-served (not in excess of two
tracks) building.
(b) Hillwood agrees to undertake (and to complete previously initiated) pre-
development investigations and studies as Hillwood determines to be
appropriate (with an estimated cost between $150,000 and $200,000) to
assess the feasibility of the development on the Golf Course Parcel of
improvements permitted under the Specific Plan. It is contemplated that
such investigations and studies will address the following:
(i) physical limitations of a logical development site;
(ii) economically and governmentally acceptable maximum land area
reasonably possible for development, including adjacent areas;
(iii) civil engineering evaluating current development constraints, currently
available and future-required utilities (including the ability, time and
cost to move or re-direct existing utility lines), storm drainage
requirements, governmental permitting, topographic mapping and cut
and fill requirements;
(iv) environmental, habitat and endangered species studies evaluating
habitat issues following the closing of the golf course, existing
Congested Management Plan, the extent of habitat, protocol
survey, wetlands delineation and permitting (if any), U.S. Fish
&Wildlife biological opinion, environmental testing, monitor well
drill logs and potential for closing or relocating monitor wells and
pending USAF Record of Decision regarding closure of
remediation areas and areas of concern;
(v) geotechnical studies evaluating potential liquefaction and
differential settlement due to groundwater conditions,
undocumented fill and subsurface bearing capacity and building
foundation requirements;
(vi) traffic planning evaluating existing needs/cost resulting from
future development; and
(vii) site planning evaluating City and Design Guidelines requirements.
3.4.4 Hillwood recognizes and agrees that nothing contained in this Agreement or the
Vested Provisions precludes the City from finding and determining that other
8
Development Agreement between City and Developer No.1 CHIP vl2 Final Rev IOI305.DOC
mitigation measures are required directly resulting from the impacts of specific
development occurring on the Property. Such development-specific mitigation
measures may be in the form of the requirement to construct, modify or install
new or existing public improvements and public facilities for such infrastructure
items as public streets, roadways, landscaping, utilities, drainage and flood control
improvements, water and sewer facilities, street lighting and signal lights or
monetary payments in lieu of the construction of any or all of such public
improvements.
3.4.5 Hillwood recognizes that there are parcels of land included within the Specific
Plan which are not a part of the Property. Hillwood agrees that the City may
amend or modify or rescind the Specific Plan as to any other properties which are
not included within the Property in any manner deemed reasonable or necessary
under the circumstances without any approval right by Hillwood pursuant to this
Agreement. Nothing shall prevent Hillwood from exercising all other rights
available under State law with respect to any amendment of the Specific Plan as
to such properties that are not included within the Property.
3.4.6 Hillwood desires for the Specific Plan to be amended to include within the area
governed by the Specific Plan parcels now or hereafter owned by Hillwood or a
Hillwood Affiliate (as defined in the Master DDA) (a) situated to the south of the
Golf Course extending to the Santa Ana River, (b) the County 44 Acre Parcel (as
defined in the Master DDA), (c) the approximate 1.5 acres fronting of Central
Avenue but otherwise surrounded by said County 44 Acre Parcel, and (d) any
land acquired by Hillwood or a Hillwood Affiliate between the County 44 Acre
Parcel and Tippecanoe Avenue (collectively, the "New SP Areas"). The City
agrees to promptly process for Council consideration an amendment of the
Specific Plan to include the New SP Areas within the Industrial Land Use District
of the Specific Plan subject to the environmental determinations and mitigations
applicable to the New SP Areas as required by law. The City agrees to commence
such processing within 30 days after the filing of such complete application and to
diligently pursue and commit sufficient resources to such prompt processing.
This Agreement presently does not apply to the New SP Areas, but it is
contemplated that this Agreement will be amended to include in the "Property"
the New SP Areas if and when the Specific Plan is amended to include the SP
Areas.
3.4.7 Hillwood agrees that it will not approve any amendment to the Master DDA
without the written approval of the City that:
(a) provides for any material modification of the Design Guidelines (that are
Exhibit W to the Master DDA;
(b) provides for any material reduction of Hillwood's infrastructure
commitments under the Master DDA; or
(c) provides for any material reduction in the schedule under the Master DDA
for Hillwood's development of improvements.
9
Development Agreement between City and Developer No.1 CHIP v12 Final Rev IOI305.DOC
3.5 Joinder bv NDA. IVDA joins in this Agreement to subject its parcels in the DDA Land
to this Agreement and for those parcels (including any after-acquired title of IVDA in the
Golf Course Parcel and the Stater Bros. Project Site as provided in Section 1.5) to receive
the benefits of this Agreement.
3.5.1 IVDA subjects to this Agreement the DDA Land (except for the Stater Bros.
DDA Parcel, unless IVDA again becomes the owner of the Stater Bros. Project
Site as provided in the last sentence of Section 5.1 above, in which event IVDA
also subjects the Stater Bros. Project Site to this Agreement) owned by it,
including all of its right, title and interest now owned or hereafter acquired in the
Golf Course Parcel.
3.5.2 All of the benefits of the Vested Provisions and this Agreement apply to all of the
DDA Land (which includes, the Golf Course Parcel but excluding the Stater Bros.
DDA Parcel except as provided in Sections 5.1 and 3.5.1 above, the Mattei Parcel,
the Pep Boys Parcel and the Pep Boys Adjacent Parcel), as covenants running
with the land.
4. PERIODIC REVIEW
4.1 Time of Review. This Agreement shall be reviewed by the City at least once a year in
accordance with California Government Code section 65865.1, on or before the
anniversary date of the recordation of this Agreement, in order to ascertain the good faith
compliance by Hillwood with the terms of this Agreement. Hillwood shall submit an
Annual Monitoring Report demonstrating its good faith compliance with the terms of this
Agreement within 30 days after written notice from the City of the date of the review to be
conducted by City. Following any such review, the City shall notify Hillwood in writing
within 30 days of its determination as to compliance or noncompliance with the terms of
the Agreement. The annual review procedure set forth herein and in Government Code
Section 65865.1 shall be applicable during the term of this Agreement.
4.2 Failure to Conduct Periodic Review. In the event the City fails to conduct the periodic
review, such failure shall not be deemed approval by the City of Hillwood's good faith
compliance with the terms of this Agreement, and the City may undertake an independent
review of Hillwood's performance since the date of the last annual review, or as of the
Effective Date, as applicable, unless Hillwood shall have submitted an Annual Monitoring
Report to the City demonstrating its good faith compliance with the terms of this
Agreement notwithstanding the lack of notice from the City as provided in Section 4.1
above. In the event the City has not taken action to accept or reject such Annual
Monitoring Report within 90 calendar days after receipt, Hillwood shall then be deemed to
have complied in good faith with the terms of this Agreement.
4.3 Cost of Periodic Review. Hillwood shall pay to the City the actual cost incurred by the
City in conducting any such periodic review as provided in Sections 4.1 and 4.2 above.
The actual cost of such review shall be based upon the City fee structure then in effect,
including the salaries and reasonable costs and expenses of the Office of the City Attorney
or any other experts and other legal Counsel retained by the Office of the City Attorney
10
Development Agreement between City and Developer No. I CHIP vl2 Final Rev 101305.DOC
with respect to such review. Hillwood shall submit the review fees concurrently with
submission of the Annual Monitoring Report pursuant to Sections 4.1 and 4.2 above if
such a published applicable fee structure then is in effect and shall also submit a deposit
for the estimated City fees (if a set amount is not specified in a published fee schedule) and
the estimated salaries and reasonable costs and expenses to be incurred by the Office of the
City Attorney promptly after receipt of such estimate from the City.
5. DEFAULT.
5.1 Events of Default. A default under this Agreement shall be deemed to have occurred upon
the happening of one or more of the following events or conditions:
5.1.1 A warranty, representation or statement made or furnished by Hillwood to the
City in or under this Agreement is false in any material respect when it was made.
5.1.2 A good faith finding and determination by the City made following a periodic
review under the procedure provided for in California Government Code section
65865.1 and Section 4.1 above that upon the basis of substantial evidence
Hillwood has not complied in good faith with one or more of the terms or
conditions of this Agreement.
5.1.3 Any other act or omission by the City or Hillwood that breaches or materially
interferes with any of the terms of this Agreement.
5.2 Procedure upon Default. Neither the City nor Hillwood may exercise any remedies with
respect to an event of default referenced in Section 5.1 above unless the party claiming a
default by the other party gives a written notice to the alleged defaulting party specifying
the event of default and such event of default is not cured within the applicable Cure
Period (hereinafter defined). The term "Cure Period" as used herein means (a) with
respect to an event of default that reasonably can be cured within 30 days, the period of 30
days following the receipt of such written default notice, and (b) with respect to an event of
default that cannot reasonably be cured within 30 days, and if efforts are commenced to
cure such default within 30 days following the receipt of such written default notice, the
period reasonably required to complete such cure with diligent prosecution.
5.3 Remedies. All remedies, at law or in equity, shall be available to the City and Hillwood
with respect to any default under this A6'Teement. Notwithstanding the above, each party
acknowledges that monetary damages would not be an adequate remedy if the other party
fails to carry out its obligations under this Agreement. Therefore, specific performance of
this Agreement is an available and necessary remedy in order to fully compensate a party
if the other party fails to carry out its obligations under this Agreement, and each party
hereby agrees that the other party shall be entitled to specific performance in the event of a
default hereunder. Further, notwithstanding anything in this Agreement to the contrary,
the acts of one Owner of a parcel within the Property shall not affect the rights under this
Agreement with respect to any other parcel within the Property. The City may, as provided
in the immediately following sentence and in addition to such other rights and remedies
that it may have as provided herein, terminate this Agreement as to any default which is
II
Development Agreement between City and Developer No. I CHIP vl2 Final Rev I01305.DOC
not timely cured by Hillwood, or by any Mortgagee (hereinafter defined) as the case may
be, in the manner as provided herein. After alJ cure periods have been exhausted, the City
may terminate this Agreement upon delivery of a notice of termination to Hillwood and to
any Mortgagee of which the City has notice, which notice of termination shall be effective
as to the termination of this Agreement within ] 5 days after receipt by HilJwood or such
Mortgagee if such default remains uncured.
5.4 Institution of Legal Action. The prevailing party in any legal action arising from or in
connection with this Agreement, whether by final judgment or out-of-court settlement,
shall be entitled to recover from the other party reasonable attorneys' fees and costs
incurred by such prevailing party. Legal actions shall be instituted in the Superior Court of
the County of San Bernardino, San Bernardino District, State of California. The costs,
salary and expenses of the City Attorney and members of the City Attorney's Office,
and/or those of outside counsel retained by the City, in enforcing this Agreement on behalf
of the City shall be considered as "attorneys' fees" for purposes of this Section 5 .4.
6. PROTECTION OF MORTGAGE HOLDERS.
6.1 Protection of Mortgage Holders. HilJwood and the City agree that this Agreement shall
not prevent or limit HilJwood (or any Owner), in any manner, at HilJwood's (or such
Owner's) sole discretion, from encumbering the Property or any portion thereof or any
improvement thereon (owned by Hillwood or any other Owner, as the case may be) by any
mortgage, deed of trust or other security device securing financing with respect to such
Property. The City acknowledges that the lenders providing such financing ("Mortgagees")
may require certain Agreement interpretations. Accordingly, the City at,'Tees, upon the
written request of HilJwood (or the applicable Owner), to meet from time to time with
Hillwood and representatives of such Mortgagees to negotiate in good faith any such
request for interpretation. The party making such request shall be obligated for the
payment or reimbursement to the City of all costs incurred by the City directly related to
this provision to meet and negotiate any such requests for interpretation and, upon request
by the City, shall make a cash-equivalent deposit in an amount of such costs as reasonably
estimated by the City in advance of the City entering into such negotiations. The City will
not unreasonably withhold its consent to any such requested interpretation, provided such
interpretation is consistent with the intent and purposes of this Agreement. Any Mortgagee
of all or any portion of the Property shall be entitled to the folJowing rights and privileges:
6.1.] Neither entering into this Agreement nor a breach of this Agreement shalJ defeat,
render invalid, diminish or impair the lien of any mortgage on all or any portion
of the Property.
6.].2 If the City timely receives a written request from a Mortgagee requesting a copy
of any notice of default that may be given to Hillwood under the terms of this
Agreement, the City shall provide a copy of that notice to the Mortgagee within
one day of sending the notice of default to Hillwood. The Mortgagee shalJ have
the right, but not the obligation, to cure the default during the remaining cure
period allowed such party under this Agreement.
]2
Development Agreement between City and Developer No. I CHIP vl2 Final Rev 10130S.DOC
6.1.3 Any Mortgagee who comes into possession of all or any portion of the Property,
pursuant to foreclosure of the mortgage or deed of trust, or deed in lieu of such
foreclosure, shall take the Property or part thereof subject to the terms of this
Agreement, including the right of the City to terminate this Agreement in the
event that a default under this Agreement by Hillwood is not cured during the
cure periods provided in Sections 5.2 and 5.3 above. Notwithstanding any other
provision of this Agreement to the contrary but subject to the immediately
preceding sentence, no Mortgagee shall have an obligation or duty under this
Agreement to perform any of Hillwood's obligations hereunder or to guarantee such
perfonnance.
7. GENERAL PROVISIONS.
7.1 Assignment. Nothing in this Agreement affects Hillwood's or any other Owner's rights to
own, transfer, conveyor encumber all or any portion of the Property owned by Hillwood
or such other Owner. Hillwood (or a Hillwood Assignee) shall have the right to assign,
without the consent of the City, all or part of its rights and obligations under this
Agreement to a Person who is a Hillwood Assignee. Upon the assignment of this
Agreement to a Hillwood Assignee, (a) the assignor (Hill wood or a Hillwood Assignee, as
the case may be) shall be released from this Agreement when (i) written notice of such
assignment is given to the City, and (ii) the Hillwood Assignee assumes in writing the
obligations of Hillwood under this Agreement with a copy thereof delivered to the City,
and (b) the tenn "Hillwood" as used in this Agreement shall mean such Hillwood
Assignee. No other Owner shall have any right to assign this Agreement or any rights
thereunder.
7.2 Amendment or Termination of this Agreement. Except as provided in Section 5.3 above
(for termination as a remedy for an uncured default), this Agreement may be amended or
terminated with respect to any parcel within the Property only by written agreement signed
by the then current Owner of such parcel and the City after approval by the Council,
without the necessity of the joinder of any other Person; provided, however, any
amendment or termination of this Agreement shall not be effective with respect to any
parcel in the Property or with respect to the rights under this Agreement of any Owner
unless the Owner of such parcel or the Owner whose rights are so affected also is a
signatory to such amendment or termination. In order for any such amendment or
termination to be effective, it must be adopted by the City by resolution as set forth in the
California Development Agreement Legislation and must be in form suitable for recording
in the Official Records of San Bernardino County, California. In accordance with City
Code Chapter 19.40, the procedure for an amendment to this Agreement shall be a tiered
amendment review procedure as follows:
(a) proposed amendments that are development related (such as affecting
uses, density, height, coverages or setbacks) must be submitted to the
Planning Commission of the City for recommendation for approval or
non-approval and then forwarded to the Council for determination, at the
Council's discretion, of approval or non-approval, with the Council not
being bound to accept the Planning Commission recommendation; and
13
Development Agreement between City and Developer No.1 CHIP v 12 Final Rev 101 305.DOC
(b) all other proposed amendments must be approved by the Council at its
discretion.
7.3 Hold Harmless. Hillwood shall (a) defend, indemnify and hold hannless the City and the
City of San Bernardino Economic Development Agency (the "ED A"), their officers,
elected officials, attorneys, departments, boards, commissions, employees and agents
(collectively, the "Indemnified Parties from any claim, action or proceeding against the
Indemnified Parties to attack, set aside, void or annul the decision to enter into this
Agreement or any of the proceedings, acts or determinations taken, done or made prior to
and relating to such decision; and (b) reimburse the Indemnified Parties for any court
costs and attorney's fees which the Indemnified Parties may be required by a court to pay
as a result of such approval. At its sole discretion, the City and/or the EDA may
participate at its own expense in the defense of any such action, but such participation
shall not relieve Hillwood of any obligation imposed by this Section 7.3. The City and/or
the EDA shall notify Hillwood promptly of any claim or action and cooperate fully in the
defense. Hillwood, the City and/or the EDA shall jointly select legal counsel to represent
the City and/or the EDA in any such proceeding. The City and/or the EDA, without
Hillwood's written consent, shall not settle any claim that is subject to the indemnity
under this Section 7.3. If during the proceeding a settlement demand is made and
Hillwood is willing to satisfy the settlement demand and the City and/or the EDA rejects
such settlement demand, Hillwood's indemnity obligation in this Section 7.3 shall from
that point forward not exceed the amount of the settlement demand. Notwithstanding any
language to the contrary in this Section 7.3 or elsewhere in this Agreement, Hillwood
shall have no indemnity obligations to the Indemnified Parties for claims that arise from
or are alleged to arise from (i) the negligence or willful misconduct of any of the
Indemnified Parties, or (ii) any costs or legal expenses that arise from any suit or action
commenced by any of the Indemnified Parties, except if such suit or action is commenced
to enforce the rights of the City against Hillwood as provided in Section 5.4 above.
7.4 Binding Effect. Except to the extent otherwise provided in this Agreement, the burdens
of this Agreement bind, and the benefits of this Agreement inure to, the City's and
Hillwood's respective successors in interests and assigns, including as provided in
Section 3.5.6 above and in Section 7.5 below.
7.5 Relationship of the City and Hillwood; ll1ird Party Beneficiaries. The contractual relationship
between the City and Hillwood (and any other signatory to this Agreement) arising out of
this Agreement is one of independent contractor and not agency. Nothing in this
Agreement shall be construed as making the City and Hillwood (or any other signatory to
this Agreement) joint venturers or partners. There are no third party beneficiaries and
this Agreement does not create any third-party beneficiary rights; provided, however, (a)
the provisions of this Agreement regarding development rights applicable to the Property
shall apply to and be enforceable by any Owner with respect to the portion of the
Property owned by such Owner, and (b) an Owner has the rights set forth in Section 7.2
of this Agreement regarding amendment and termination of this Agreement.
7.6 Notices. Any notice to be provided or permitted under this Agreement shall be in
writing, signed by the party giving such notice and sufficiently given if hand delivered,
14
Development Agreement between City and Developer No. ] CHIP vl2 Final Rev 10 1305.DOC
delivered by an overnight messenger/delivery service or mailed by registered or certified
mail, postage prepaid, return receipt requested, addressed as set forth below. Such
notices, if delivered (i) by hand, shall be deemed given when delivered, (ii) by an
overnight messenger/delivery service, shall be deemed given upon delivery or one
Business Day (hereinafter defined) after the sending of such notice, whichever occurs
earlier, and (iii) by mail, shall be deemed given five Business Days after deposit in the
U.S. mail. Notice that starts the running of any cure period and that is delivered on a
non-Business Day shall be deemed delivered on the next following Business Day ifleft at
the notice address or the next Business Day on which it is redelivered if it is not left at the
notice address.
The names and address of those representatives of each party to which notices shall be
sent are:
If to City, to:
City of San Bernardino
300 North D Street
San Bernardino, CA 92418
Attention: Director of Development Services
and
San Bernardino City Administrator
300 North D Street, Sixth Floor
San Bernardino, CA 92418
If to Hillwood, to:
Hillwood/San Bernardino, LLC
105 North Leland Norton Way
Suite 3
San Bernardino, California 92408
With copies to:
Hillwood/San Bernardino, LLC
Three Lincoln Center
5430 LBJ Freeway, Suite 800
Dallas, Texas 75240
Attn: Chief Legal Officer
If to IVDA, to:
Inland Valley Development Agency
294 S. Leland Norton Way
Suite 1
San Bernardino, CA 92408
Attn: Executive Director
15
Develonment Agreement between Citv and Develoner No I CHIP v I? Fin"' R"v I 0110<; nor
With a copy to:
Timothy 1. Sabo, Esq.
Lewis, Brisbois, Bisgaard & Smith, LLP
650 East Hospitality Lane
Suite 600
San Bernardino, CA 92408
Such addresses shall be subject to change from time to time to such other representatives
or addresses as may be specified in written notice given by the intended recipient to the
sender in accordance with this Section 7.6.
7.7 Estoppel Certificates. At the request of either party, the other party, within ten calendar
days after receipt of such request, shall certify in writing that, to the best of its
knowledge, (a) this Agreement is in full force and effect and is a binding obligation of the
certifying party, (b) this Agreement has not been amended or modified, except as is
expressly stated in that estoppel certificate, and (c) no default in the performance of the
requesting party's obligations as provided in this Agreement exists, except as expressly
stated in that estoppel certificate.
7.8 Rules of Construction. The singular includes the plural; the masculine gender includes
the feminine; "shall" is mandatory; "may" is pennissive. The word "including" as used
herein shall be deemed to mean "including, but not limited to". A "Business Day" is a
day other than a Saturday, Sunday or City holiday.
7.9 Entire Agreement and Waivers. This Agreement constitutes the entire understanding and
agreement of the City and Hill wood with respect to the matters set forth in this
Agreement. This Agreement supersedes all negotiations or previous agreements between
the City and Hillwood respecting this Agreement. All waivers of the provisions of this
Agreement must be in writing and signed by the appropriate authorities of the City and
Hillwood.
7.10 Incomoration of Recitals and Exhibits. The recitals set forth in Section 1 of this
Agreement and exhibits referenced in this Agreement are incorporated in and part of this
Agreement.
7.11 Captions. The captions of this Agreement are for convenience and reference only and
shall not define, explain, modify, construe, limit, amplify or aid in the interpretation,
construction or meaning of any of the provisions of this Agreement.
7.12 Consent. Where the consent or approval of the City or Hillwood is required in or
necessary under this Agreement, such consent or approval shall not be unreasonably
withheld, delayed, or conditioned.
7.13 Covcnant of Cooperation. The City and Hillwood shall cooperate, deal with and assist
each other in good faith in connection with the performance of the provisions of this
Agreement.
16
n.--.,,~l~~~..........~ ^ ,,_..................,..... J........h"""...,,.., r~h, ",...,4 r\.--.,,"'l........."".. 1'\1", 1 rUlo ,,1'1 C:..,,,,1 Dc>" 1(\1 "10':;: nnr
7.14 Recording. The City Clerk shall cause a copy of this Agreement to be recorded with the
Office of the County Recorder of San Bernardino County, California, within ten days
following the execution of this Agreement.
7.15 Severability. Every provision of this Agreement is and shall be construed to be a separate
and independent covenant. Without limiting the generality of the foregoing, if any
provision of this Agreement is found to be invalid or unenforceable for any reason, then
the remainder of this Agreement shall not be affected and shall be enforced to the extent
permitted by law and the parties shall negotiate in good faith for such amendments to this
Agreement as may be necessary to achieve its intent, notwithstanding such invalidity or
unenforceability.
7.16 Further Actions. Whenever and as often as it is requested to do so by the other party,
each party shall execute, acknowledge and deliver or cause to be executed, acknowledged
or delivered, any and all such further documents as may be reasonably necessary,
expedient or proper in order to achieve the intent of this Agreement.
7. I 7 Interpretation and Governing Law. This Agreement and any dispute arising hereunder
shall be governed and interpreted in accordance with the laws of the State of California.
7.18 IVDA No Longer a Party. At such time that IVDA (a) no longer owns any portion of the
DDA land, and (b) no longer owns any portion of the Golf Course Parcel following the
conveyance thereof to IVDA from the United States of America, IVDA no longer shall
be a party to this Agreement. At the request of either Hillwood or the City, IVDA shall
provide written confirmation of its non-ownership position in recordable form reasonably
acceptable to IVDA; provided, however, the furnishing of such written confirmation is
not required as a condition to IVDA no longer being a party to this Agreement, as such
automatically occurs upon the satisfaction of (a) and (b) above, as reflected in the Official
Records of San Bernardino County, California. For clarification, IVDA will remain a
party to this Agreement if it owns no portion of the IVDA Land but has not yet been
conveyed the Golf Course Parcel by the United States of America.
[SIGNATURE PAGES FOLLOW]
17
Opvplnnmpnt A~rppmpnt hetween City and Devclnncr No.1 CHIP vl2 Final Rev 101305.DOC
IN WITNESS WHEREOF, this Agreement has been executed by the City of San
Bernardino, acting by and through its Mayor and Common Council, pursuant to Resolution
No. authorizing such execution, and by Hillwood.
Dated this __ day of
,2005.
CITY
HILL WOOD
CITY OF SAN BERNARDINO
HILLWOOD/SAN BERNARDINO, LLC,
A Delaware limited liability company
By:
Name
Title
Judith Valles
Mayor
By: Hillwood Operating, L.P.,
a Texas limited partnership,
its managing member
City Clerk
By: Hillwood Development Company, LLC,
a Texas limited liability company,
its general partner
Approved as to Fornl and Legal Content:
I'
I
/
(
t,
"
"
iC'. Z--"rh._",.___..
By:
Name:
Title:
IVDA
INLAND VALLEY DEVELOPMENT AGENCY,
a joint exercise of powers agency
By:
Judith Valles
Co-Chair
By:
Dennis Hansberger
Co-Chair
ATTEST:
By:
Kelly Berry
Clerk of the Board
APPROVED AS TO FORM:
By:
Agency Counsel
18
Development Agreement No.1
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BEARINGS AND DISTANCES SHOWN HEREON ARE GRID, BASED ON THE
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ASSOCIA TED ENGINEERS, INC.
3311 EAST SHELBY srREET
ONTARIU. CA 91764
(909) 980-1982 FAX (909) 941-0891
- INLAND VALLEY ~IPARCEL 1-3 AND
DEVELOPMENT AGENCY OP~E~~AR~ ~~CEL 1 1 1
._--_._.-~._".~ -----,~----,.=~~. --"---~,~
SA VE AND EXCEPT THE PARCELS DESCRIBED ON THE A TT ACHED
AE JOG NO 92-89--91
Parcell
Lot Line Adjustment No. 04-001
Parcel I of City of San Bernardino Certificate of Compliance for Lot Line Adjustment No.
04-00 I, recorded May 6, 2004 as Instrument No.2 004-0316870, Official Records of San
Bernardino County, California, described as follows:
Those portions of Lots 1, 2, 13, and 14 of Block 45, of the Rancho San Bernardino on file
in Book 7 of Maps, Page 2 thereof, Records of San Bernardino County, California, located in the
City of San Bernardino, and being morc particularly described as follows:
COMMENCING at the intersection of the centerline of Tippecanoe Avenue and Mill
Street as shown by Record of Survey No. 98-0019 on file in Book 110 of Records of Surveys,
Pages 5] through 53 thereof;
Thence N.00025'00"W. along the centerline of said Tippecanoe Avenue, a distance of 41.25
feet, to the easterly prolongation of the northerly line of said Mill Street, said northerly line being a
line parallel with and 41.25 feet northerly of said centerline of Mill Street;
Thence S.89038'20"W. along said northerly line, a distance of 1115.25 feet;
Thence N.00021'40''W., a distance of 120.59 feet;
Thence N.22025'55"E., a distance of 169.64 feet;
Thence N.Ooo25'00"W., a distance of359.44 feet (formerly 359.84 feet), to the POINT OF
BEGINNING;
Thence continuing N.Ooo25'00"W., a distance of 1520.98 feet
Thence N.890 19'55"E., a distance of 563.12 feet;
Thence S.89055'09"E., a distance of 486.16 feet, to centerline of said Tippecanoe Avenue; ..
Thence S.00024'50"E. along said centerline, a distance of 38.02 feet, to the intersection with
the centerline ofl-Iarry Sheppard Boulevard; <.
Thence S.00025'00''E. continuing along said centerline of Tippecanoe Avenue, a distance of
1481.20 feet, to a line which bears N.89035'00"E. from the Point of Beginning;
Thence S.89035'00"W. along said line, a distance of I 049.25 feet, to the Point of
Begirming.
SUBJECT TO an easement for Public Street and Highway purposes over Tippecanoe
A venue in favor of the City of San Bernardino, recorded March 13, 2002 as Instrument No. 2002-
0124767, Official Records of San Bernardino County, California.
The above described parcel of land contains 36.657 acres, more or less.
Parcel 2
Lot Line Adjustment No. 04-001
Parcel 2 of City of San Bernardino Certi ficate of Compliance for Lot Line Adj llstment No.
04-001, recorded May 6, 2004 as Instrument No. 2004-0316870, Official Records of San
Bernardino County, California, described as follows:
Those portions of Lots] and 2 of Block 45, of the Rancho San Bernardino on file in Book 7
of Maps, Page 2 thereof, Records of San Bernardino County, California, located in the City of San
Bernardino, and being more particularly described as follows:
COMMENCING at the intersection of the centerline of Tippecanoe Avenue and Mill
Street as shown by Record of Survey No. 98-00 I 9 on file in Book I 10 of Records of Surveys,
Pages 51 through 53 thereof;
Thence N .00025 'OO"W. along the centerline of said Tippecanoe Avenue, a distance of 41.25
feet, to the easterly prolongation of the northerly line of said Mill Street, said northerly line being a
line parallel with and 41.25 feet northerly of said centerline of Mill Street, and being the POINT
OF BEGINNING;
Thence S.89038'20"W. along said northerly line, a distance of 1 I 15.25 feet;
Thence N.00021 '40"W., a distance of 120.59 feet;
Thence N.22025'55"E., a distance of 169.64 feet;
Thence N.00025'00''W., a distance of 359.44 feet (formerly 359.84 feet);
Thence N.89035'00"E., a distance of 1 049.25 feet, to the centerline of said Tippecanoe
A venue;
Thence S.00025'00"E. along said centerline, a distance of637.45 feet, to the Point of
Beginning.
SUBJECT TO an easement for Public Street and Highway purposes over Tippecanoe
Avenue in favor of the City of San Bernardino, recorded March 13,2002 as Instrument No. 2002-
0124767, Official Records of San Bernardino County, California.
The above described parcel ofland contains 15.643 acres, more or less.
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Parcel I of City of San Bernardino Certificate of Compliance for Lot Line
Adjustment No. 2003-06, recorded July 2, 2003 as Instrument No. 2003-0486485,
Official Records of San Bernardino County, California, described as follows:
Those p011ions of Lot 7 of Block 48 and Lots 5, 6, 7 and 8 of Block 49, all of the
Rancho San Bernardino on file in Book 7 of Maps, Page 2 thereof, Records of San
Bernardino County, California, located in the City of San Bernardino, and being more
particularly described as follows:
BEGINNING at the intersection of the centedines of Tippecanoe Avenue and
Harry Sheppard Boulevard as shown on Record of Survey No. 97-0020, recorded in
Book 109 of Record of Surveys, Pages 3 and 4 thereof, Records of said San Bernardino
County;
Thence N.7S044'55"E. along the centerline of said Harry Sheppard Boulevard, a
distance of 4.98 feet, to an angle point therein;
Thence N. 79034' 15"E. continuing along said centerline, a distance of 724.55 feet;
Thence northeasterly continuing along said centerline along a tangent curve
concave southeasterly, having a radius of 1030.80 feet, through an angle 01'09026'22",
and an arc length of 169.82 feet;
Thence N.89000' 37"E. continuing along said centerline, a distance of 654. 77 feet;
Thence N.00057'45"W., a distance 01'625.14 feet;
Thence N.88053' 15"E., a distance of 44.51 feet;
Thence N.00024'50"W., a distance 01'761.96 feet;
Thence S.88"57' 51 "W., a distance of 300.09 feet;
Thence N.00056'02''W., a distance of 445.75;
Thence S.88053'20"W., a distance 01'642.89 feet;
Thence S.01"06'56"E., a distance 01'59.16 feet;
Thence S.89"35' 1 O:'W., a distance of 634.27 feet, to the centerline of said
Ti ppecanoe A venue;
Thence S.00024' 50"E. along said centerline, a distance of 1912.55 feet, to the
Point of Beginning.
SUBJECT TO easements over Tippecanoe A venue and Harry Shepard
Boulevard for public utilities and rights of way as they now exist.
The above described parcel of land contains 63.202 acres, more or less.
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NOTES:
BEARINGS AND DISTANCES SHOIIN HEREON ARE GRID, BASED ON THE
CAUFORNIA COORDINATE SYSTEM (NAB 83) ZONE 5. TO OBTAIN GROUND
DISTANCES, DI'ADE 1HE GRID DISTANCE SHO'Mll BY 0.99993157.
ASSOCIA TED ENGINEERS, I~~C,
3311 EAST SHELBY STREET
ONTARIO, CA 91764
(909) 980-1982 FAX (909) 941.0891
AL JOB NO. 92-.89-91
INLAND VALLEY
DEVELOPMENT AGE~ICY
PARCEL F-1
FEBRUARY ;lOO~
Hi
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BEARINr. AND OISTAIKES USED IN rHE
ABOVE Pu r ,l.RF. ON THE CAL If"OAW A
COC1?OI~ATE SYST::'U. lCN[ 5 (W.O-8)).
WLTlrLY DISTt..NCE 5HOW'N BY I.OOOoti8~
TO OBTAIN GnOUNQ lEVEL DISTANCES.
PARCEL 1-2
EXHIB IT ''A''
In the City of Sari Semzl/dino, County of San Bernardino, State o( California, being those
(lortions of Block 413 and 49 of the Rancho San SernZlrdlno, as per Map recorded In Book
7, Page 2, Records of said County, together with portions of vacated streets and alleys
lYing within and CldJiJCent to said block and lots, described as (allows
BEGINNING at the centerline Intersections of Harry Sheppard Boulevard and Del Rosa
Drive as shown on Record of Survey, (iled In Book 109, Pages 3 and 4, of Record of
Surveys of selld County:
Ihence along Ihe centerline of said Harry Sheppard Boulevard, South 89000'37" West, a
distance of 14932 feet to the beginning of a tangent curve concave southerly, having a
radius of 1,200.75 feet;
thence westerly along said curve and centerline, through a central angle of 2051'45", an
arc distance of 59 98 feet:
Ihence continuing along said centerline, South 86008'52" West, a distance of 40.12 feet
to the beginning of a tangenl curve, concave northerly, having a radius of 1,200.75 feet;
thence westerly along said curve and center/Ill'" through a central angle of 2"51'45", an
arc distance of 59 99 feet;
thence continuing along said cenlerline, South 89000'37" Wesl, a distance of 32.72 feet;
thence at right angles to said centerline, South 00059'23" East, a distance of 40.00 feet;
thence South 01"04'03" East, a dislance of 565.44 feet:
thence South 89'24'21" West. a distance of 342.30 feet;
thence North 00058'48" West, a distance of 563.07 feet,
thence North 00059'23" West, a distance of 40.00 feet to the centerline of said Harry
Sheppard Boulevard;
thence along said centerline, Soulh 89000'37" West, a distance of 1 ,00466 feet to the
beginning of a tangent curve concave southerly, having a radius of 1 ,030 73 feet;
thence westerly along said curve and cenlerline, through a central angle of 9026'22", an
arc distance of 169 81 feet,
thence continuing along said centerline, South 79034' 15" West, a distance of 208 69 feet,
thence leaving said centerline, South 00"59'10" East, a distance of 54855 feet,
thence NOf1h 89000'50" East, a distance of 305.00 (eet:
thence South 00'59'10" Easl, a distance of 506.50 fccl.
Ihence South 89000'50" West. a distance of 305 00 fed,
thence South 00"59'10" East. a dislJncc of 75202 feet,
Ihence North 89"00'52" East, a rJlstance of 305 00 feet,
thence North 00"59'1Cl" West, a distance of 715.74 feet,
thence North 89"02'13" East, a rJlslance of 351 07 (eet.
thence South 00' 59' 17" East. a distance of 715 60 feet,
thence North 89000'52" East, a dlsldnCl? of 105.96 feCI,
thence North DO '''l6'Ori'' West. d dlsli1flce () f 25 99 feet.
thencr~ North R9"00'52" EiJsl. i1 rtlsl,lflce ot1 ,257 97 f>~ct.
Ihence North () 100'52" lIVes!, C1 dlstallce nf 1.704 11 fe"l.
thr'llu: I\/orlh n0 'or!':;!" [,lsl :1 dlst.lnr;;.; of 'IR 71 feel.
Ih,;llu" f\Jllflh () I nrY',2" Wr::sl. ,I r!I';I:illU; of rlO Olj [,;,::t IIJ 'h,; 1111"(';":r:I!l)n (II u;nli;rlifIF;', nf
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FX/lJIlIT ^, J';'1~c I 01 I,
PARCEL 1.2
Scllrl Harry Sheprrnd BCJliIRvClrr] ,:Hld sail! Del Rosc" Dnve and the POINT OF BEGINNING
Becmngs and Distances used in Ihe above desCrlpllon are on the California Coordinate
System, Zone 5 (NAD-83) Multiply distances shown by 1000068,110 obtain ground level
distances
END OF DESCRIPTION
This real property description has been prepared by me, or under my direction, in
conformance with the Professional Land Surveyors Act.
Signature
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--~~? .
Date
1",1'1" ) 'J I )
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(This page d"picts the
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PARCEL K-2 Rel11(J;ncler
LEC;AL OEScRIFJTlmJ
III Ihe City of San Bell1Jrdino, COllntl' of SCln Bernardino, State of California, being a
(Jor-lion of Lol 7, Block 48, Rilncho Seln Bemardlllo, 2S per IVlap recorded in Book 7, Page
2, Recore!s of Sillc! Coullty logether with portions of vacated slreels ond alleys lyinC] within
illlcl ,lcJJilUJI11 to sAirl block illlcJ lots, drscribed as follows
COMMENCING ill CI I" 11011 pipe With lhe City of San Bemardlno tag marking the centerline
IntersccfJon of TI/lpeccmoe i\venue and (\'li1t Street, per Record of SUivey filed In Book 109,
paqes G ilnd 7, Inclusive;, of Record of Survey of said County,
thence, NOl1h 00"25'01" West, along tho centerline of said Tippecanoe Avenue a distance
of 1,59477 feet ancllhe TRUE POINT OF BEGINNING;
thence illon9 selld centerlmp., North 00"25'0'" West. 21499 feet: thence at right angles
to said centerline, North 89" 34'59" East, 86.14 feet, to the southwest corner of that
parcel of land conveyed to the Smart Slal1 Child Development Center, by Quitclaim
Deed Number 20020165818, Recorded April 4, 2002, Records of said County also
known as K2, Ihence along south line of said parcel, North 89'00'29" East, 43100 feet,
thence leaving said south line, South 00059'10" East, 21496 feet to the easterly
prolongation of the nonherly line of that parcel of land conveyed to the Nonon Credit
Union, by Ouitclaim Deed Number 19980168698, Recorded May 4, 1998, Records of
saie! County, also known as Parcel K-3; thence along said easterly prolongation of the
northerly line of SillC! parcel, Soulh 89"00'20" West, 43314 feet to the easterly right of
way line of Tippecuf)oe Avenue,
Ihence South G9'34'59" West, BG 1'1 feet 10 celllerline of Tippecanoe Avenue and the
F'GINT OF BEGINNING
SUBJECT TO Cilspmellts over Third Street and Del Rosa Drive for public ulilities and
1';9111 of way ilS Ihcy 110W (Xlsl
BCClrings ond DlslilllU;S LIsee! In the above description are on the Callforrl/a Coordinale
System, Zone: 5 (NAD-8,1) Multiply distances shown by 10000684 to obtain ground
level dISlilllr:r::S
.~ ._~--,,~----- -~~--------_._-. -.-.-
END OF DESCRIPTION
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PARCEL 1\-4
LEGAL o FSC.QIPT/ON
In the City of Sill) Bl'rniJrdlno, County 01 San BernurcJino, Slate of Caltfornla, being i1
portions of Lots:) and 6, Block 48, Rancho San Bernardino, as per M8p recorded In Book
7, Page 2, Records of s8id Calmly, together with pOlilons of v8cateci streets and alleys
lYing wilhin and adjacent to siJlcllJlock Clncl lots, described as Fallows
COMI\,IENCINC al a 1" iron pipe with Ihe City of San Bernardino lag mClrking Ihe centerline
intersection of Tippecanoe Avenue ,mel Mill Slreet, per Record of Survey filed In Book 109,
pages () and 7, inclusive, of Record of Survey of said County;
thence, North 00"25'01" West, 8/ong the centerline of sclld Tippecanoe Avenue a distance
of 4125 feet, to the westerly prolongation of the northerly right-of-way line of said Mill
Street and the TRUE POINT OF BEGINNING,
thence continuing along said centerline line, North 00'25'01" West. a distance of 786.66
feet,
thence al right angles to said centerline, North 89"34'59" East, 86.14 feet to the easterly
light of way (ine of Del Rosa Drive;
thence, North 89000'20" Easf, a distance of 44C .76 feet,
thence, South 00"59'10" East. a distance of 388 72 feet,
thence, North 89000'52" East, a distance of 76205 feel, to the west line of the San
Bernardino Internatiorlal Airport Property; thence, South 00056'06" East. a distance of
41152 feet, to the north right-of-way line of Mill Street; thence along said right-of-way line,
South 89039'04" Wesf, a distance of 1,296.46 feef, to the PO/NT OF BEGINNING
SUBJECT TO easements over flppecallOe Avenue for pulJ/ic utilifies and right of way as
they now exist
Bearings and Distances used In the above descrrption are grid based nn the California
Coordinate System, Zone 5 (NAD-83) Diwle distiJnces shown by 099993157 10 obtain
ground level distances
~-._---._-~-_. ----._-~---- --------- ---~--~----------~
END OF DESCRIPTION
1111,), \: I',
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LINE DATA
NO. BEARING DISTANCE
U S89'38'5J"W 557.81'
l2 NOO'21'orW 41.25'
L3 N61'28'04"E 847-114'
L4 N69"59'SS"E 385.49'
L5 N701l3'28"E 1043.06'
L6 N69"55' 42"E 890.66'
L7 N69-sg'SS"E 3092.35'
L8 588'41' 4B"W 1143,<<'
r- L9 520"OO'05"E 69.22'
UO S501l3'54"W 741.91'
Ul N28"37'41"W 156.50'
, U2 S61'3O'12"W 2787.25'
I L13 SOO'29' 4B"E 576.95'
L14 SB9"31'09"W 41.26'
LIS N89'22'35"W 838.74'
L16 $17'28'5]"[ 317.84'
L17 S69'59'41"W 925.01'
U8 SOO'32'11"W 10.67'
U9 S89"38'5J"W 1886.56'
w CURVE DATA
~I NO. DELTA RADIUS
C1 151l3'33" 1515.00'
<1::, C2 lT35'36" 1030.66'
~I C3 52'22'06" 793.94'
<31 BLOCK 48
&/
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EXHIBIT "A"
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2 Zl~
W ---12
> O::w
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, h=-~------L_-
J~jI
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91_0011
1<..5 \ \'.3} \S-c."/.
1<.5
SCALf: 1'~1200'
LENGTH
398.19'
316.48'
725.66'
BLOCK 51
--------
-----------------
~---------
}1'O-'2>\ ~'tI~i /
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-' (FORMERLY CENTRAL AVENUE)(" / /
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NOTES:
BEARINGS MID DISfANCES SHOWN HEREON ARE GRID, B/\Sm ON THE
CALIFORNIA COORDINATE SYSTEM (NAD 83) ZONE 5 TO OBTAIN GROUND
DISTANCES, DIVIDE THE GRID DISTANCE SHOWN BY 099993157
ASSOCIATED ENGINEERS, INc'l
.5.511 fAST SHELBY STREET
ONTARIO, CA 91761
(909) 980 -1982 FAX (909) 941 oem
-~--_____~______~'~_T_~~"""'" ~
A E JOB NO '1'2-89-91
-------INLAND VALLEY -[- PARCEL.-~--~~'~
[JEVELOPMENT AGENCY fFBPUARY 7001
10S
_~, _._ r~_ _.____._~._____ ~.~ ~__ _ _'_'~___""_~~___.,_~___;",_,_,,, ....___~._
. ----. ------1
------- MILL STREET ------------
EXHIBIT "A"
SHEET 2 OF 2
/-
/-
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BLOCK 47
RANCHO SAN BERNARDINO
MB 7/2
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/-
91_0011
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EADOWS DRIVE (FORMERLY CENTRAL AVENUE)
- N89"38'S3"[ 2039.55' . .
P.O.C.
PARCEL C-1
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BLOCK 59
RANCHO SAN BERNARDINO
M.B 7/2
NOTES:
BEARINGS AND DISTANCES SHOWN HEREON ARE GRID. BAStD ON THE
CALIFORNIA COORGINA TE SYSTEM (NAD B3) ZONE 5. TO 08T AIN GfWUND
DISTANCES. DIV10E TI-lE GRID DISTANCE SHOWN BY 099993157
tU. ,lOll NO.9? -89--91
]----- ----r--.-
ASSOCIA TED ENGINEERS, INC.
3311 EAST SHELBY STREET INLAND VALLEY PARCEL C-1
ONTARI.O, CA 91754. DEvELOPMENT AGENCY 1 FE8f,UARY 2003
('109) 980-198? fAX (90,1) 941-IJR91 - - 106
--_______.~ _ -._ _nT~'.__."_~~_________,_..~._~,.__. ___._~""...~....=~~.~~___..~~_~
Development Agreement No.1
Exhibit B -Stater Bras DDA Parcel
r-
.. -..--.-------- - _._~----
(~}-- OZ' ') 145' L 59,98'
Rol200, 75', ..,J
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@-- 09'26'22' L-169,81'
R-1030.73'
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BEARING ANf) UISfAl~CES uSED IN TliE
ABOvE PLAT ARE Ou rUE CAllf"OfmJA
CCOlOINAfE SVSf[U, ZON[ 5 (NAD-S)!,
WLf'PU OISHNCE SHO'WH BY I.000Ofja~
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EXHIB IT 'A'
In the City of San Bernardino, County of San Bernardino, State of California, being those
(JOrtlons of Block 413 and 49 of the Rancho San Bernardino, as per Map recorded In Book
7, Page 2, Records of said County, together with portions of vacated streets and afleys
lYing within and adjacent to said block and lots, described as foflows
BEGINNING at the centerline IIltersections of Harry Sheppard Boulevard and Del Rosa
Drive as shown on Record of Survey, filed In Book 109, Pages 3 and 4, of Record of
Surveys of said County:
thence along the centerline of said Harry Sheppard Boulevard, South 89"00'37" West, a
distance of 149.32 feef to the beginning of a tangent curve concave southerly, having a
radius of 1,200.75 feet:
thence westerly along said curve and centerline, through a central angle of 2 051'45", an
arc distance of 59 98 feet;
thence continuing along said centerline, South 86008'52" West, a distance of 40.12 feet
to the beginning of a tangent curve, concave northerly, having a radius of 1,200.75 feet;
thence westerly along said curve and centerlin,c, throug h a central angle of 2051 '45", an
arc distance of 59 99 feet;
thence continuing along said centerline, South 89000'37" West, a distance of 32. 72 feet;
thence at right angles to said centerline, South 00059'23" East, a distance of 40_00 feet;
thence South 01"04'03" East, a distance of 565.44 feet:
thence South 89'24'21" West, a distance of 342,30 feet;
thence North 00058'48" West, a distance of 563.07 feet,
thence Nurth 00059'23" West, a distance of 40.00 feet to the centerline of said Harry
Sheppard Boulevard;
thence along said centerline, South 89000'37" West, a distance of 1,00466 feet to the
beginning of a tangent curve concave southerly, having a radius of 1,030 73 feet;
thence westerly along said curve and centerline, through a central angle of 9026'22", an
arc distance of 16981 feet:
thence continuing along said centerline, South 79034'15" West, a distance of 20869 feet,
thence leaVing said centerline, Soulh 00"59'10" East, a distance of 54855 feet,
thence Nor1h 89000'50" East, a distance of 305.00 feet:
thence South 00"59'10" East, a distance of 506.50 feel,
thence Soutll 89000'50" IN est, a distance of 305 00 feet;
thence Soulh 00"59'10" East, a distzmce of 752.02 feet,
thence North 89000'52" East, a distance of 305.00 feet,
thence North 00"59'10" West, a distance of 715 74 feet,
thellce North 89"02'13" East, a distance of 351 07 feet,
thence South 00' 59' 17" East. a distance of 715 60 feel,
thence North 89"00'52" Easl, a rJlstance of 105.96 feet.
thence North OO"56'OG" West, a cJistClnce of 2599 feet,
Ihence North FlCl"OO'S2" East, i1 dlstCl[lce 011,257 97 feel.
thence Norlh [) 1'09'52" Wesl, a dlslanr:e of 1 704 !11 ff'''1
Ihr;IIr:r~ North!1fJ '"rnl" EelSll c1lsl:1nr:c~ of 'lfJ 71 f8pl,
!h'cllI:e ~J()rlh () 1-1)(1'1':)" l//i;:;I. ,.j II'SI;1:1Cf; Dr (10 IJO [,>:;111) !h,: 111Iu~;';I:llon ')[ f:Cfll':lllIlc;S IJI
P'"J1' 1 (,[ :'
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PARCEL 1-2
s;][(1 H::Hr}iShcPP'lrcl BOlI/eVrWi ~1nd salU 0,,"1 Rosel Drive and the POINT OF BEGINNING
Bearings and Distances lIsed in the above descnption are on the California Coordinate
System, Zone 5 (NAD-83) Multiply distances shown by 10000684 to obtain ground level
distances
END OF DESCRIPTION
This real property description has been prepared by me, or under my direction, in
conformance with the Professional Land Surveyors Act.
Signature
~fggan~N;~S
H? .
Dale
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PARCEL K-2 RemJincler
LEGAl DESCRIPTiON
In the City of SiHl BRmarclino, COlJlltjl of San Bernardino, Slate of Californid, being a
pOl'tion of Lot 7, Block 48, Rancho San Bemardlno, as per Map recorded in Book 7, Page
2, Reeol'cls of selid County together witli portions of vacated slreets Clnd alleys lying within
iI/lei adjil CfJn 1 10 Silic! block ilncJ lois, described as follol'iS
COMrvIENC/NG at il 1" ilOn pipe willi fhe City of San Bernardino tag marking the centerline
IIltersection of Tlppeccllloe ^ vonue ancI I\Aill Street, per Record of Survey filed in Book! 09,
pages 6 and 7, Inelusivp, of Record of Survey of said County,
thence, NOlih 00'25'01" West, along the centerline of said Tippecanoe Avenue a distance
of 1 ,594 77 feet and the TRUE POINT OF BEGINNING;
thence along said cenlerlme, North 00'25'01" West, 21499 feet; thence at right angles
to said cellterline, North 89' 34'59" East, 86.14 feel, to the southwest corner of that
parcel of land conveyed to the Smart Stilri Child Development Center, by Quitclaim
Deed Number 20020165818, Recorded April 4,2002, Records of said County also
known as K-2, thence illang south line of said parcel, North 89'00'29" East, 431,00 feet,
thence leaving said south line, South 00059'10" East, 21496 feet to the easterly
prolongiltion of the northerly line of thai parcel of land conveyed to the Norton Credit
Union, by Quitc/aim Deed Number 19980168698. Recorded May 4,1998, Records of
said County, also known as Parcel K-3; thence along said easterly prolongation of tile
northerly line of said pnrcel, South 89'00'20" West, 433 14 feet to the easterly right of
way line of Tippecanoe Avellue:
thence Soulh 89034'59" Wesl, B6 14 feet to centerline of Tippecanoe Avenue and the
POINT OF BEC;INNING
SUBJECT TO CilS8mellls over Third Street iH1d Del Rosil OlIVe for public utilities and
right of way as Ihey flOW exist.
Bearings ,1I1eJ Dlslanr::es useel in the above description are on the Cillifornia Coordinate
Systern, Zono 5 (NAD-WJ) Multiply distilnces shown by 10000684 to obtain ground
level dISlcH1U,S
u__ -. --_._-~-_.--___._,________._ _.n
END OF DESCRIPTION
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PARCEL K-4
LECii\L OfCSCRIPTIOIIi
In Ihe City of Sill] Bem,m/lno, Cuunty of San Bernardlllo, State of California, being a
portions of Lots 5 and 6, Block 48, Rancho San BernArdino, as per Map recorded in Book
7, Page 2, Records of said County, together with portions of vacated streets and alleys
lying wilhin and adjaCelll to said block and lots, described as follows:
COMMENCING al a 1" iron pipe wilh Ihe City of San Bernardino tag marking Ihe centerline
Intersection of Tippecanoe Avenue and Mill Street, per Record of Survey filed in Book 109,
pages (-; and 7, inclusive, of Record of Survey of said Counly,
thence, No/ill 00'25'01" Wesl, Jlong the centerline of said Tippecanoe Avenue a distance
of 4" 25 feet, to the westerly prolongation of the northerly nghl-of-way line of said Mill
Street and the TRUE POINT OF BEGINNING;
thence continuing along said centerline tine, North 00'25'01" West, a distance of 786.66
feet,
Ihence at fight angles to said centerline, Norih 89034'59" East, 86.14 feet to the easterly
right of way line of Del Rosa Drive;
thence, North 89000'20" East, a distance of 44l .76 feel,
thence, South 00059'10" East, a distance of 388.72 feet,
thence, North 89000'52" East, a distance of 76205 feet, to the west line of the San
Bernardino International Airport Property; thence, South 00056'06" East, a distance of
411 52 feet, to Ihe north right-of-way line of Mill Street; thence along said right-of-way IlI1e,
Soulh 89039'04" West, a distclflce of 1,29646 feet. to the POINT OF BEGINNING
SUBJECT TO easp.menls over Tippecanoe Avenue for PUlllic utllrlles and rioht of way as
they now exist
BeClllngs and Dislances used In Ihe above descllptioll are Olld, bilsed on the Callfol'llia
Coordinate System, Zone 5 (NAD-83) Divide distances shown by 0 99993157 10 obtain
ground level distances
-----
------~- --- -~-~
END OF DESCRIPTION
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Development Agreement No.1
Exhibit C - Mattei Parcel
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BOUNDARY SURVEY
MatteI Site
Parcell of City of San Bernardino Certificate of Compliance for Lot Line
Adjustment No. 2003-06, recorded July 2,2003 as Instrument No. 2003-0486485,
Official Records of San Bernardino County, California, described as follows:
Those portions of Lot 7 of Block 48 and Lots 5, 6, 7 and 8 of Block 49, all of the
Rancho San Bernardino on file in Book 7 of Maps, Page 2 thereof, Records of San
Bernardino County, California, located in the City of San Bernardino, and being more
particularly described as follows:
BEGINNING at the intersection of the centerlines of Tippecanoe Avenue and
Harry Sheppard Boulevard as shown on Record of Survey No. 97-0020, recorded in
Book 109 of Record of Surveys, Pages 3 and 4 thereof, Records of said San Bernardino
County;
Thence N.75044'55"E. along the centerline of said Harry Sheppard Boulevard, a
distance of 4.98 feet, to an angle point therein;
Thence N. 79034' 15"E. continuing along said centerline, a distance of 724.55 feet;
Thence northeasterly continuing along said centerline along a tangent curve
concave southeasterly, having a radius of 1030.80 feet, through an angle of 09026'22",
and an arc length of 169.82 feet;
Thence N.89000'37"E. continuing along said centerline, a distance of 654. 77 feet;
Thence N.00057'45"W., a distance of 625.14 feet;
Thence N.88053' 15"E., a distance of 44.51 feet;
Thence N.00024'50''W., a distance of761.96 feet;
Thence S.88057'51 "W., a distance of 300.09 feet;
Thence N.00056'02"W., a distance of 445.75;
Thence S.88053'20"W., a distance of 642.89 feet;
Thence S.O I 006' 56"E., a distance of 59.16 feet;
Thence S.89035' 10"W., a distance of 634.27 feet, to the centerline of said
Tippecanoe A venue;
Thence SOo024'50"E. along said centerline, a distance of 1912.55 feet, to the
Point of Beginning.
SUBJECT TO easements over Tippecanoe Avenue and Harry Shepard
Bou1ev~rd for public utilities and rights of way as they now exist.
The above described parcel of land contains 63.202 acres, more or less.
Development Agreement No.1
Exhibit D - Pep Boys Parcel
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Lot Line Adjustment No. 04-001
Parcel I of City of San Bernardino Certificate of Compliance for Lot Line Adjustment No.
04-00 I, recorded May 6, 2004 as Instrument No.2 004-0316870, Official Records of San
Bernardino County, California, described as follows:
Those portions of Lots I, 2, 13, and 14 of Block 45, of the Rancho San Bernardino on file
in Book 7 of Maps, Page 2 thereof, Records of San Bernardino County, California, located in the
City of San Bernardino, and being more particularly described as follows:
COMMENCING at the intersection of the centerline of Tippecanoe Avenue and Mill
Street as shown by Record of Survey No. 98-0019 on file in Book 110 of Records of Surveys,
Pages 51 through 53 thereof;
Thence N.00025 'OO"W. along the centerline of said Tippecanoe A venue, a distance of 41.25
feet, to the easterly prolongation of the northerly line of said Mill Street, said northerly line being a
line parallel with and 41.25 feet northerly of said centerline of Mill Street;
Thence S.89038'20"W. along said northerly line, a distance of 1115.25 feet;
Thence N.0002I'40''W., a distance of 120.59 feet;
Thence N.22025'55"E., a distance of 169.64 fee.t;
Thence N.00025'OO''W., a distance of359.44 feet (formerly 359.84 feet), to the POINT OF
BEGINNING;
Thence continuing N.00025'00''W., a distance of 1520.98 feet
Thence N.890 19'55"E., a distance of 563.12 feet;
Thence S.89055'09"E., a distance of 486.16 feet, to centerline of said Tippecanoe Avenue;
Thence S.00024'50"E. along said centerline, a distance of38.02 feet, to the intersection with
the centerline of Harry Sheppard Boulevard;
Thence S.00025'00"E. continuing along said centerline of Tippecanoe Avenue, a distance of
1481.20 feet, to a line which bears N.89035'00"E. from the Point of Beginning;
Thence S.89035'00"W. along said line, a distance of 1049.25 feet, to the Point of
Beginning.
SUBJECT TO an easement for Public Street and Highway purposes over Tippecanoe
A venue in favor of the City of San Bernardino, recorded March 13,2002 as Instrument No. 2002-
0124767, Official Records of San Bernardino County, California.
The above described parcel of land contains 36.657 acres, more or less.
Development Agreement No.1
Exhibit E - Pep Boys Adjacent Parcel
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Lot Line Adjustment No. 04-001
Parcel 2 of City of San Bernardino Certificate of Compliance for Lot Line Adjustment No.
04-001, recorded May 6,2004 as Instrument No. 2004-0316870, Official Records of San
Bernardino County, California, described as follows:
Those portions of Lots I and 2 of Block 45, of the Rancho San Bernardino on file in Book 7
of Maps, Page 2 thereof, Records of San Bernardino County, California, located in the City of San
Bernardino, and being more particularly described as follows:
COMMENCING at the intersection of the centerline of Tippecanoe Avenue and Mill
Street as shown by Record of Survey No. 98-0019 on file in Book 110 of Records of Surveys,
Pages 51 through 53 thereof;
Thence N.00025'00"W. along the centerline of said Tippecanoe Avenue, a distance of 41.25
feet, to the easterly prolongation of the northerly line of said Mill Street, said northerly line being a
line parallel with and 41.25 feet northerly of said centerline of Mill Street, and being the POINT
OF BEGINNING;
Thence S.89038'20"W. along said northerly line, a distance of 1115.25 feet;
Thence N.00021 '40"W., a distance of 120.59 feet;
Thence N.22025'55"E., a distance of 169.64 feet;
Thence N.00025'00"W., a distance of359.44 feet (formerly 359.84 feet);
Thence N.89035'00"E., a distance of I 049.25 feet, to the centerline of said Tippecanoe
Avenue;
Thence S.00025 'OO"E. along said centerline, a distance of 637.45 feet, to the Point of
Beginning.
SUBJECT TO an easement for Public Street and Highway purposes over Tippecanoe
Avenue in favor of the City of San Bernardino, recorded March 13,2002 as Instrument No. 2002-
0124767, Official Records of San Bernardino County, California.
The above described parcel of land contains] 5.643 acres, more or less.
Development Agreement No.1
Exhibit F - Golf Course Parcel
LINE DATA
NO. BEARING Dl5T ANCE
U S89'J8'SJ.W 557.81'
L2 NOO"21'07.W 41.25'
L3 N61"28'04.E 847.84'
l4 N69"59'55t 385.49'
l5 N70'03'28.E 1043.06'
l6 N69"55' 42.E 890.66'
l7 N69"59'55.E 3092.35'
l8 SBB'41'48"W 1143.44'
r 19 5201lO'05.E 69.22'
UO 550"03'54 .W 741.91'
l11 N28'J7'41.W 156.50'
I l12 S61'3O'12.W 2787.25'
I l13 $00"29' 48"E 576.95'
l14 S89'3l'09"W 41.26'
l15 N89"22'35"W 838.74'
l16 Sl7"28'5rE 317.84'
l17 S69"59'41.W 925.01'
l18 SOO'32'11"W 10.67'
l19 S89"38'SJ"W 1886.56'
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CURVE DATA
NO. DElTA
C1 15'03'33.
C2 1735'J6"
C3 52"22'06"
RADIUS
1515.00'
1030.66'
793.94'
BLOCK 48
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EXHIBIT "A"
SHEET 2 Ole 2
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91_0011
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SCALE: 1"=1200'
LENGlH
398.19'
316.48'
725.66'
BLOCK 67
//
//
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PALM MEADOWS DRIVE //// /
(FORMERLY CENTRAL AVENUE)(/' / /
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NOTES:
BEARINGS AND DISTANCES SHOWN HEREON ARE GRID, BASED ON Tl1E
CALIFORNIA COORDINATE SYSTEM (NAD 83) ZONE 5. TO OBTAIN GROUND
DISTANCES, DIVIDE THE GRID DISTANCE SHOWN BY 09999.1157
ASSOCIA TED ENGINEERS. INC.
3311 EAST SHELBY STREeT
ONTARIO CA 9175~
(909) 9aO-1982 FAX (909) '141-0K'l1
AE ,iOB NO. 'i289-91
INLAND VALLEY
DEVELOPMENT AGENCY
T
roc,
P N~CEL C
FEBRUARY 2003
P.O.C.
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EXHIBIT "AI>
SHEET 2 OF 2
91-00T1
B..S. j\SA~
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- --- --------~
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-----/ BLOCK 41
RANCHO SAN BE:RNARDINO
M.B. 1/2
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PARCEL C-1
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EADOWS DRIVE (FORMERLY CENTRAL AVENUE)
- N89"3B'53"E 2039.55'
894.74'"
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RANCHO SAN BERNARDINO
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NOTES:
BEARINGS AND DISTANCES SHOWN HEREON ARE GRID, BASED ON THE
CALIFORNIA COORDINATE SYSTEM (NAD 83) ZONE 5. TO OBTAIN GROUND
DISTANCES, DIVIDE THE GRID DISTANCE SHOWN BY 099993157
AE ,JOB NO 9/ -89-91
ASSOCIA TED ENGINEERS, INC.
3311 EAS1 SHELBY STRFFT
ONTARIO, CA 91754
(909) 980-1982 lAX (909) 941-0891
INLAND VALLEY !
DEVELOPMENT AGENCY
-~-.'-~~.~- -____~~.c.~___~ ~_~~"_..............._.
PARCEL C-.-1
Ff8RliAIlY 2003
106
Development Agreement No.1
Exhibit G - Vested Provisions
EXHIBIT G
VESTED PROVISIONS
The following portions and provisions of the Specific Plan are the Vested Provisions:
(a) Chapter IV, Paragraph D, entitled "Land Use", on pages IV-4 through IV-6
(including Land Use Districts Map, Exhibit IV-2, at page IV-5 and Land Use
Summary Table IV -I at page IV -6).
(b) Chapter V, Paragraph F, entitled "Land Use Districts", on page V-9 and pages
V-II through V-25 (including the Suggested and Permitted Use Table V-2 at page
V-22 and the Trade Park District Table V-3 at page 24-25).
(c) Chapter V, Subparagraph G.I, entitled "General Standards", on pages V-26 and
V-27 (including the Development Standards Table V-4 at page V-27).
(d) City Resolution No. 2004-324, approved by the City on October 7,2004.
Copies of the above-referenced vested provisions of the Specific Plan are attached as part of this
Exhibit G, which vested provisions are current as of the date of the last amendment to the
Specific Plan dated October 17,2005.
Development Agreement between City and DeveloperNo.l CHIP v12.DOC
Exhibit G
I
EXHIBIT G, Item (a)
I
LAND USE
Chapter IV, Paragraph D
PAGES:
IV -4 through IV-6
EXHIBITS:
Land Use Districts Map Exhibit IV-2 found on page IV-5
TABLES:
Land Use Summary Table IV-I found on page IV-6
C,6 A 4.9-acre parcel between Tippecanoe Avenue and Memorial Drive whas-l3eea-transferred
to the U.S. Forest Service (USFS). However. federallee:islation is eHcFBatlv eeadiaehas
been enacted bv Congress to Drovide for the transfer of this site haek-to the IVDA
aMtorzether with the USPS moving to another location outside the Soecific Plan boundaries
for the pHcpese sf iRval';iRg the USfS, the CalifsrAia DepaFtMeRt sf FaresR)' aasFice
PrateatioR, the Ge'lemec's Ofiiee efBffiergeflej' Secviees and e!her &gefteies ift ajeiftt 1:Ise
program refet1'e6 te as FIRE8COPB. TRis Hse is eORsisteat with the OfRee desigRatisR
skev.'R Sit the81leeifia PlaR.
C.7 A IS.64cre parcel along Perimeter Road Ikas currentlv in the process of beieng
transferred to the San Manuel Indian Tribe as Public Benefit land and an additional Darcel
of approximatelv 30 acres was transferred from the Air Force to the IVDA and then to the
San Manuel (ndian Tribe as Dart of the EDC. Another 2.26-acre Darcel north of Harry
SheDDard Boulevard and west of Del Rosa Drive is also pendinrz transfer to the San Manuel
Indian Tribe.
The use of these parcels shall be restricted to the types of uses described above and as stipulated in
the Department of Defense (ODD) Record of Decision (ROD). Use of any existing structures shall
be consistent with the General Standards specified in Chapter V, Section 19.30.030 of this Specific
Plan. Copies of the Records of Decision are provided in Appendix A. A detailed survey of the
boundaries of these parcels has been prepared. and is on file with the IVDA and the City of San
Bernardino Planning Department.
D. LAND USE
The land use element of the Specific Plan is intended to build upon the land use patterns previously
established and facilitate the orderly transition of the site to non-military use, accommodating new
construction when appropriate and utilizing existing building types and related uses as long as
possible in a compatible manner.
I The overall project site has been identified with ~distinct land use districts,. including
. research and development, trade park, m.emee, industrial, anEl reereatisft spea speee. Each land
use district responds to a unique set of needs, opportunities and constraints offered by the existing
setting and conditions.
The land use districts represent broad policy groupings of common land uses combined with several
unique aspects that require a focus at a more detailed scale. Thus; the discussion of each district
includes a block by block set ofland use planning guidelines that will serve as the basis for the land
use controls and opportunities.
..
These land use districts are illustrated in Exhibit IV -2 and summarized in Land Use Table IV-I. As
shown, the$pCcific Plan.proposes an ultimate buildout of~ 1~lH- million square feet
of building floor area. -This represents an increase of approximately ~ million square feet over
the previous lHUstiBg building floor area in this section of the Base. The land use districts are further
defined in Chapter V.
IV-4
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TABLE IV-I
SAN BERNARDINO INTERNATIONAL TRADE CENTER SPECIFIC PLAN
LAND USE SUMMARY
District
District Name Number FAR Acreage Bldg. S.F.
Research & Development 1 0.5' 109.6 2,225,916
Trade Park 3 0.5 152.8 3,327,984
Qffiee 4 1M ~ 115,998
Industrial Sa 0.5 ~~ 3.373.2861,861,368
5b 0.25 ~ 1262.0421,.H7,169
5c 0.5 12.6 274,428
Sd 0.5 ~ 1,.w82.ill~
S~ 0.5 29.2 635,976
Subtotal: . ill.Z~ 6.626.0201, 191,8117
Reereeasft Ol'eft Spaee 6 {I ~ {I
TOTAL 6~~2 12.179.92011,199,7
41-
t The FAR of 0.5 does not apply to the 7.4 acre parcel deeded to the City for recreation purposes.
2 Excludes arterial streets.
E. CIRCULATION
When Norton Air Force Base was operational, public vehicular access through the facility was
. restricted for security purposes. Major thoroughfares leading up to the filcility, such as Tippecanoe
Avenue, Del Rosa Drive and Mill Street were precluded from providing a greater role in facilitating
area-wide and regional circulation.
After military security was no longer required, these roadways were opened up, and now form the
foundation. for the future circulation network. This system will compliment the proposed land uses
and link the site to the surrounding roadway network. The IVDA has completed construction of
major improvements to the following roads: Tippecanoe Avenue between Mill Street and Third
StreetHtUTy ShepplH'd Baalev&fd; Harry Sheppard Boulevard between Tippecanoe Avenue and
Leland Norton Way; Mill Street from Lena Road to Tionecanoe Avenue. Third Street from
Tippecanoe Avenue to Del Rosa Drive. and Del Rosa Drive between Third Street and Harry
Sheppard Boulevard., These streets will serve as the primary backbone circulation system for the
Specific Plan area, while simultaneously linking the site to the existing external circulation network.
Additionally, recommendations have been included in the plan for upgrading the regional
circulation network to meet projected needs. It is aRtieipateel !kat Mill Street im}\lravelReBts Ham
IV-6
J
EXHIBIT G, Item (b)
LAND USE DISTRICTS
Chapter V, Paragraph F
PAGES:
Page V-9
Pages V-ll through V-25
TABLES:
Suggested and Permitted Use Table V-2 found on page V-22
Trade Park District Table V-3 found on page 24-25
,
New traffic signals have been installed at the intersections of Tippecanoe Avenue and Harry
Sheppard Boulevard, Del Rosa Drive and Harry Sheppard Boulevard, Tippecanoe and Palm
Meadows Drive and Lena Road and Mill Street, again as part of the scheduled road improvements
being installed with the first phase infrastructure improvements.
A traffic signal is also planned at Third Street and Leland Norton Way as part of the access
improvements planned by the San Bernardino International Airport. Lastly, a new traffic signal will
be required at the intersection of Third Street and Central. Avenue (in the City of Highland) at such
time as new development activity provides sufficient additional traffic to warrant that improvement.
F. LAND USE DISTRICTS
F.l The purpose of each Land Use District is defined as follows:
F.l.l District 1- Research and Develooment lR&D)
Located between Harry Sheppard Boulevard on the south, Third Street on the north,
Tippecanoe Avenue on the west, and Del Rosa Drive on the east (see Exhibit V -4), Research
and Development (District I) is intended to accommodate a wide variety of research and
development related uses including manufacturing, light industrial, neighborhood
commercial, laboratories, office profesSional use, vocational training and educational
facilities, institutional, and recreational open space. The intent is to combine these land uses
and implement them under a "campus" concept. which ties these uses together with broad
landscaped and well lighted pedestrian walkways.
The extent to which raw materials will be manufactured will be limited to that necessary to
adequately test and analyze new products. The scale and intensity of these uses may allow
for the interim use of existing building stock. Research and development facilities may
include the manufacturing, assembly and testing of products which are characterized as clean
and generate non-hazardous byproducts.
Neighborhood commercial uses may include a food court, retail stores, neighborhood
services, and restaurants.
Desired office uses would include a broad range of supporting uses in a well landscaped
setting. Potential uses include medical offices and clinics, corporate offices, governmental
and institutional uses, administrative and professional offices, daycar,e facilities, fmancial
services and supporting commercial.
. Site design should consider existing uses within the research and development district (see
ExhiJ>it V-4). These existing uses include the Loma Linda University Medical Clinic on
third Street& west sf Otts GeFielte Dei','e which serves a medical clinic to the local area
population. Additionally, the San Bernardino Community College District facility located
on the west side of Del Rosa Drive north of Harry Sheppard Boulevard should encourage the
establishment of business incubator uses that would benefit from the existing educational
V-9
c
Exhibit V-4
Research & Development (R&D)
Land Use District 1
'"
@ @
I ~PWlIIJ:.\D01I' DO.
N
i
NO SCALE
LOCATION: THE RESEARCH AND DEVELOPMENT DISTRICT
IS BOUNDED ON THE WEST BY TIPPECANOE AVENUE, ON
THE NORTH BY THIRD STREET, ON THE EAST BY DEL ROSA
DRIVE AND ON THE SOUTH BY HARRY SHEPPARD BOULEVARD.
facilities. The existing City of San Bernardino Recreation Park facilities located at the
northwest comer ofRialto Avenue and Del Rosa Drive should encourage a commercial health
club or similar facility.
The vocational and educational uses may range from a potential special attendance high
school for technical and research training to Community College District facilities for post~
high school education and training. All of these facilities will be oriented to research and
development activities associated with technical park facilities and activities.
As a matter of policy, the specific plan does not propose the retention of residential housing
units. The existing officers housing along Tippecanoe Avenue will need to be removed prior
to development in this area.
Parkway landscaping along Tippecanoe Avenue shall be designed to enhance the sites
attractiveness and lessen the visual impact of adjacent parking areas. Condition should be
given to locating building mass to buffer potential airport noise from the site users.
Access points will be determined as part of the City's development review process and should
consider existing traffic patterns outside the specific plan area, coordination with office and
industrial uses to the south and tourist commercial and airport uses to the east.
F.l.2 District 2 - Tourist Commercial (TC)
Generally located at the southeast comer of Third Street and Del Rose Avenue (see Exhibit
V-5), Tourist Commercial District 2 is intended to include tourist commercial uses to
capitalize upon the site's proximity to the Airport. The type of uses desired for the site
include high quality restaurants, hotel, visitor serving and specialty retail, offices, airport-
related commeroiaVoffice support facilities, meeting and conference facilities.
Site design considerations include allowing primary access from Del Rosa Drive at a location
consistent with access to the Research and Development District 1 to the west.
The massing of buildings should occur along the southerly and easterly property lines to allow
for the creation of an internal site focus and visual orientation away from the airport: This
will also be beneficial by using the building mass to buffer potential airport noise from site
users. The combined attributes of the Tourist Commercial District 2 location and allowed
uses provide the opportunity to establish individuaVfreestanding uses such as restaurants at
the northwest and northeast comers of the site. Parking areas will be located within the
center of the site and be screened from adjacent streets with parkway landscaping.
F.1.3" District 3'-"- Trade Park (TP)
Generally located between Lena Road on the west, a drainage channel known as Timber
Creek on the north, Tippecanoe Avenue on the east, and Mill Street on the south (see Exhibit
V-6), this unique district is intended to provide the image ofa self-contained "World Trade
V-12
Exhibit V-5
Tourist Commercial (TC)
Land Use District 2
LOCATION: THE TOURIST COMMERCIAL DISTRICT 2 IS BOUNDED
ON THE WEST BY DEL ROSA DRIVE. ON THE NORTH BY
THIRD STREET AND ON THE EAST BY LELAND NORTON WAY.
.,'.
Exhibit V-6
Trade Park (TP)
Land Use District 3
LOCATION: THE TRADE PARK DISTRICT 3 IS GENERALLY
BOUNDED BY LENA ROAD ON THE WEST. TIMBER CREEK
DRAINAGE CHANNEL ON THE NORTH. TIPPECANOE AVENUE
ON THE EAST. AND MILL STREET ON THE SOUTH.
F.l.4 Distriet f OAles (0)
LeGated eetweeR TippeeaAse :\'16Alie aft tfie west, HaFf}' Sheppaftl BSllle','al'e SR the ReRa,
Memsrial Drive Sft the ea~ SAd Mill StFeet eft the seHd} €see Eldtieit V 7), Omse Distriet 1
is preposee te aeeemmeaate a "'mae FaAge af offiee aRe sllJlpertiAg eommereiallises iR a
well IlHteseepee settiRg. DesireElHses iRabu:ie meEliael amees BREI aliBis&, 6aFpsrate amees,
ac:tmiRiswtlve IlftEl pl'efessieA&l smees, day Bare faeilities, HAMBiet sefYiees 8ftEls1:IppsFtiag
eommeFeial. Site eesigA iss1:les iRel1:lde liillitiag '/ehislitar aeeess te TippeBaAse .~.'lefule at
a tetal sfreHr eatry drives. Right ktRI5 eftI)' iR 8ftd em eftke aFea aleRg Tippesanee A~.'/eluI8
are R8e8sslIpY te R1l1intaiA aEleqliate '/ehi~uler meYelHeRt. Vekieular assess peiRts aleRg
Memeriat Drive '::ilIl1lse l:Je eeeFEiiRateEl with Distriet S. The massing ef eHileiRgs ':liII
eselir priRIarily aleRg Tippeellftse .\\'ealie 'lIith tfie pal'ldRg areas IIdjllseat te Memerial
Bf:iYe;-
F.l,5 District 5 - Industrial aNID
Located in tMee-hdistinct subareas (see Exhibit V-8), Industrial District 5 is intended to
accommodate a variety of industrial uses of varying scale and intensity, taking advantage in
two of these locations of the previous land use and building occupancy patterns established
during operation of the Base including the availability oflarge buildings, aviation related
activities, and compatibility with adjacent uses, It is expected that initial site tenants will
utilize existing buildings to the extent feasible. In all cases, any manufacturing, assembly
or similar activities must occur within an enclosed building.
Industrial Subarea Sa, generally located east of eenveeft Melftarial DFive aRe LelaRd
Nert9ft Wf!Ij TiDoecanoe Avenue and south ofHarrv SheDpard Drive (see Exhibit V-3),
Subarea Sa is proposed to include industrial uses, including manufacturing, assembly, ware-
housing and distribution facilities. Site design issues include the creation of vehicular access
points at generally equal intervals around the perimeter of the area. The location of these
access points will be based upon the location of adjoining access points and driveways
between existing industrial buildings. This access feature relates directly to the massing of
future buildings in an alignment similar to the existing building arrangement. By locating
buildings in this manner the existing parking areas and mature trees can be retained.
Vehicular access points -should be generally evenly distributed, rather than grouped. Two
access points are proposed along Uemefial Dri'/e, Hany Sheppard Boulevard and three ~
Del Rasa DAve. ORe access points at Tiooecanoe Avenue. weale he allawed at the
8*tef15iaR sf~m Street.
The area adjacent to Harry Sheppard Boulevard and Memerial DriveTippecanoe Avenue
'.shall be subject to increased setbacks and landscape screening to ensure compatibility with
adj~t land uses. It is expected that the existing on-site structures will be utilized on an
41teriln basis subject to improvements to satisfy public health and safety standards, The
transition over time to new construction will be dependent on user needs and requirements.
V-IS
Exhibit V-7
Office (0)
Land Use District 4
LOCATION: THE OFFICE DISTRICT 4 IS LOCATED BETWEEN
TIPPECANOE AVENUE ON THE WEST.HARRY SHEPPARD BOULEVARD
ON THE NORTH. MEMORIAL DRIVE ON THE EAST AND MILL STREET
ON THE SOUTH.
-;";
Exhibit V-B
Industrial (IND)
Land Use District 5
Subareas 5a. 5b. 5c
LOCATION: THE INDUSTRIAL DISTRICT 5 IS DISTRIBUTED INTO FOUR
SUBAREAS. INCLUDING 1) SUBAREA 5a, BOUNDED ON THE WEST BY
MEMORIAL DRIVE. ON THE NORTH BY HARRY SHEPPARD BOULEVARD,
ON THE EAST BY THE SOUTHERLY EXTENSION OF DEL ROSA DRIVE,
AND ON THE SOUTH BY THE EASTERLY EXTENSION OF MILL STREET
AND THE SAN BERNARDINO AIRPORT AUTHORITY BOUNDARY; 2) SUBAREA
5b, AN IRREGULARLY SHAPED AREA BOUNDED ON THE NORTH BY THE SAN
BERNARDINO AIRPORT AUTHORITY BOUNDARY AND ON THE SOUTH BY
PALM MEADOWS DRIVE AND A UNE ROUGHLYPARALLEUNG THE SANTA
ANA RIVER; AND 3) SUBAREA 5c. BOUNDED BY THIRD STREET ON THE
NORTH. AND BY SAN BERNARDINO AIRPORT AUTHORITY BOUNDARY ON
THE REMAINING SIDES.
1"
Industrial Subarea Sh (see Exhibit V-8) is proposed to provide for golf course and future
industrial uses. The existing golf course will be maintained until the demand for industrial
land iustifies its develoDment.eJ(eeeas that a\'liilable iR the salanes effhs Speeifie Plaa.
Site design considerations include coordinating access points along Palm Meadows Drive
with Subarea Sc as part of the City's development review process. At such time as this area
is to be converted from golf course to industrial development, an overall site plan shall be
prepared and approved by the City. It sReula se aesigaea sa that a fIeRiaR af fhs galf eearse
eSH remaiR, fIElssiel)' llB a RiREl kale ea\:Jfse, serving the iaitial Eleyelepment phllBe.
It ia antieipatea that tftfs area \vill be the last tEl be ele','eleped.
Industrial Subarea Sc (see Exhibit V-8) is located south of Palm Meadows Drive and is
proDosed for future industrial uses. Site design considerations include coordinatina access
ooints alona Palm Meadows Drive with Subarea Sb to the north. as Dart of the Citv's
develomnent review orocess. Land uses and develooment tvDes in this subarea shall be
similar to what is developed in Subarea Sb.
Industrial Subarea Sd.e (see Exhibit V -8) is proposed to include industrial related facilities.
The uses for this subarea are proposed to be large industrial operations, such as manu-
facturing, assembly and distribution activities, in addition to aircraft sales and service, and
"through-the-fence operations." A "through the fence operation" means that an aviation
related or dependent industrial use backs up to and has direct access to airport operations
inside the fenced airport boundary. This allows planes to come directly to the facility to
offload or take on cargo, avoiding unnecessary extra handling and tracking. Existing paved
parking areas may be maintained as large contiguous shared parking areas.
Site design issues include the creation of primary access points along Third Street at Victoria
Avenue and Central Avenue. The existing perimeter road that serves airport users within the
airport ownership and that enters the area from the west and extends east to Victoria Avenue
shall be maintained. Future site development planning may extend this perimeter roadway
through the area if deemed desirable for enhanced circulation and access depending on
ownership and site design. An optional circulation pattern could extend the road east/west
along the southerly boundary linking Victoria Avenue with Central Avenue. However, this
would impact pOtential through-the-fence operations by placing a public street between on-
site users and the airport. This would result in preventing direct access to the airport cargo
freight operations that might otherwise have been available for potential industrial users.
.-
Setbaek aaa laeEiseapiag IElElulrllllBeets shall he eansisteftt: v.'*B that FeElairea OR the airpart
prefle,Ry 'attjaeeat ~ the 'Nest.
Industrial Subarea Sid (see Exhibit V-8) Generally located at the southeast comer of Del
Rosa Avenue and 3 rei Street is proposed to include industrial uses including manufacturing,
assembly, warehousing and distribution facilities, aircraft services and "through the fence
operations," aircraft cargo handling and tracking.
V-iS
assembly, warehousing and distribution facilities, aircraft services and "through the fence
operations," aircraft cargo handling and tracking.
Site design includes primary access off 3 rd Street at Leland Norton Drive and off Del Rosa
Avenue. Access points will be detennined as part of the city's development review process
and should consider existing adjoining access points and driveways, and coordinate with
Trade Park (TP) uses to the west and airport uses to the south and east.
F.1.(; DistAet (; Reereati9ft OBeft SORee eROs:.
ReereatieH OpeR Spase Di9tf:iet ~. iRelHdes 8:B area wilhia the sle8:l" zeHe eR the west eR~ sf
tile aif13eFt fHa.....a)' (see EJEhibit 'I 9). This area represeRts a sigaifie8:Bt pefHlaneflt epefl
spaee f8teatieft '.\'itkia the prejeet. Mest efthis area will eeRtilule te be llsed as FeereatieR
9fJeR spaee fer gelf sel:lrse PHf139Ses. Uses '.vithin tRiG area will be limited te IIlRdssaped
spen sflaee, gelf eeHFge, aRd temperaf')' uses sl:Ihjeet te the Temperllf)' Use Perndt l"RWisieRs
sf the DeveleplRem Cede. AlIl:Ises ,uepesed "l,ithiR the Clear ZeRe shall eemp~' with the
reqHiFemeRts efFI\.^. regulatieRs, F-I.R PaFt 17.
F.2 Specific Plan Land Use District Map
The International Trade Center Specific Plan Land Use District Map defines the geographic location
of each of the land use districts as described in Sections F .1.1 through F .1.1' above. The Specific
Plan Land Use District Map is hereby incorporated as Exhibit V-IO.
F.3 Permitted Uses
The uses listed in Table~ V -2 and V -3 shan be allowed within the designated land use district subject
to the City of San Bernardino Development Permit procedure pursuant to Chapter 19.44 of the
Development Code unless otherwise noted.
1 "
V-19
Exhibit V -9
Recreation Open Space (ROS)
Land Use District 6
LOCATION: .RECREATION OPEN SPACE DISTRICT 6 IS LOCATED
OFF THE SOUTHWESTERLY END OF THE AIRPORT RUNWAY.
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TABLE V-2
SUGGESTED AND PERMITTED USE
District Suggested Uses Permitted Uses
Research and Research and development, light As listed in the OIP (Office Industrial
Development (I) manufacturing/industrial, laboratories, Park) District, Section 19.08.Q20 of the
related office uses. Development Code except that no
residential uses shall be allowed.
Food court, retail stores, neighborhood As listed in the CN District, Section
commercial services, restaurant, 19.06.020 of the Development Code except
automobile service station. as follows:
(a) no residential uses shall be permitted.
(b) convenience stores will be permitted as
an ancillary use to an automobile service
station subject to a Conditional Use Permit
(CUP).
Medical offices and clinic, corporate and As listed in the CO (Commercial Office)
professional offices, day care facility. District, Section 19.06.020 of the
Development Code except as follows;
(a) No residential uses shall be allowed
including Residential Care and Senior
Congregate Care Facilities.
Health club, recreational commercial uses, As listed in the PCR (Public/Commercial
indoor and outdoor, public and private. Recreation) District, Section 19.10.010 (2)
Alternate uses are educational facilities, (A) of the Development Code.
such as a technical school.
Trade Park (3) Trade Park with conference and See Table V-3
convention facilities, hotel, offices,
restaurants, wholesale businesses,
warehouse and light industrial uses
including some assembly.
Oitiee (4) J-ieEfisaleAiees Uld slime, BarpsPBle aaEl As lisleEl ift tlte CO (C__lal Oftje~)
prefessieRal eRiees, day eare faeillty. Dis.,,,, EeefiSR 19~.93g eftlle
De~'elepll\llRt ~eEle elleeplllS fellews:
ell) Ne resllllllHialllSeB shall he aile','. ed
iRehlllins Residet1f.ial CBfC ell SeRier
CeRgregete Care Faeililies.
Industrial (5) Large industrial related operations As listed in the CO (Commercial Office)
including manufacturing, assembly, districL Section 19.06.020 of the
distribution, aircraft sales and service and Develooment Code. and in the OIP (Office
airport related uses. Allcmate W1es are Industrial Park) District. Section 19.08.020
comorale and l1mfessional offices and business of the Development Code. exce.pl thlll no
, IlIlU..-Golf Course will remain as an residential uses shall be allowed lncludini
l' intllrim use, Residential Care and Senior Congrellllte
"
Care Facilities.
A.!&Ais listed in the lL (Limited
Industrial) District, Section 19.08,020 of
the Development Code. exccot as follows:
V-22
District Suggested Uses Permitted Uses
(a) Aircraft sales and selVice shall be an
additional use pennitted subject to a
Development Pennlt.
(b) Processing facilities (recycling) shall be
subject to a conditional use pennit (CUP).
ReerealisR 01=18R l.aRdsS8ped speR spaee, galf e8l1PSe, AS As listed iA the PCR (PlIBlieICemmereial
SlIaee (6) sw8tllJ'll.I iRll'rS'IllIfteRls permitted eKeeflt ReereetieR) Distriet, 8eetiaR 19.19.919 (2)
~ R1~' Be appl'8\ eEl thrall!l! a Tempsl'lll')' (ft.) sftke De'/elsIIR!sRt Cede ensellt that
Use Pel'!ftit. l.rry IIse 1Ir8l1eseEl shall lIefll1ilteElllses sHall se IimiteEI tSI
eeml'I3' ,'lith the l'e~lIiF8meRt5 slIesified B}' (&.x) 8PeR spaee
fAR PaFt 77 ie the elear aRe area. (~lIl1slieljlri\'ete galf 88!t1"S8
(e) aliter 6ysk f:l8~ (kat the DiFseter May
fiRElsimilar '/Iltt! thesellSll9 liSleS ase'le.
JlIIPSlI8l\t Ie 8eetieR 19.92.979 (3)
All Districts (I-,ilt) Temporary uses of existing structures or No permitted uses. All uses are subject to
facilities for their original Intended use a temporary use permit to be reviewed and
under the Air Force jurisdiction, B1<aml'le: approved by the City of San Bernardino.
The ilal'l'llelEs mB)' lie IIsed fer kenaitieRsl
1le1l9iRg Ie 8111'I'1I1't ether aeti"..ilies
eeelll'l'iR! \\ Itkin the SJl8elfie Plan area sr
AIFflel't, S1:leh lI!I fire ere.'IS StegiRg Ie
ISlRhat \:ihUiN& iR BltppeR sitke U.E.
FereSl E8F\"iee.
V-23
TABLE V-J
TRADE PARK DISTRICT
The following list represents those primary uses in the Trade Park District which are pennitted subject
to a Development Pennit (0) or Temporary Use Penn it (T):
Land Use Activity Development Review Process
A. All offices. includiDl! Administrative and Professional Offices D
B. Automotive Related Uses
I. . SerVice station D
2. Vehicle leasing/rental D
C. LodglnglMixed Use Facilities
l. Hotels D
D. EatlnglDrinking Establishments
l. Lounge w/on-sale alcoholic beverages 0
2. Restaurants, no drive-thrus 0
E. Entertainment/Recreation
I. Auditorium, convention halls, theaters D
2. Miscellaneous Indoor 0
F. Financial services 0 .
.
G. Left blank
H. Personal service
I. Barberlbeauty/nail shops 0
2. Dancelkarate studios D
3. Dry cleaners D
4. Health/athletic club D
S. Laundromats D
I. Retail Commercial
1. Bookstores D
2. Drug stores D
3. flower/gift shops D
4. General merchandise D
S. Indoor retall/Wholesale malls D
6. Office supplies/equipment D
7. Specialty food stores D
J. Service Commercial
1. Catering establishment D
2. Cleaningljanitorial D
.., 3. Copy centerslpostal service centerslblueprinting D
4. Laboratories D
~.,' 'MiscellaneolJs repair/services (indoors) 0
6. Recycling facilities (reverse vending) D
7. Travel agencies D
K. Industrial Uses
I. Assembling, cleaninl!. manufacturina. Drocessin2. D
V-24
Land Use Activity Development Review Process
K. Industrial Uses
1. Assembling, cleaning, manufacturing, processing, D
repairing or testing of products including automotive
related (except dismantling) and welding and excluding .
explosives, conducted entirely within an enclosed
structure except for screened outdoor storage areas.
2. Crematory D
3. Dwelling for security guard or caretaker D
4. Funeral parlors/mortuaries D
5. Recycling facilities (light processing available for onsite D
users only. Must be wholly enclosed within a building.) .
6. Research and development D
7. Towing service D
8. Tr.ansportationldistribution D
9. Warehousing and wholesaling, including self-service D
mini-storage.
L. Others
1. Antennae/Satellite dish D
2. Cable companies D
3. ClubsILodgelMeeting halls D
4. Day care facilities D
5. Educational services D
6. Fences/walls D
7. Heliports/Helipads D
8. Libraries D
9. Museums D
10. Outdoor recreation D
ll. Parking lots D
12. Parking structures D
13. Policelfire protection D
14. Public utility uses D
15. Radio/television broadcasting D
16. Temporary uses T
17. Trade/Tech schools D
18. Accessory structures (typicallv appurtenant) D
Other similar uses which the Director finds to fit within the purpose/intent of the zone district, in
compliance with Section 19.02.070(3).
V-25
I Exhibit G, Item (c)
I
GENERAL STANDARDS
Chapter V, Subparagraph G.t
PAGES:
Pages V-26 and V-27
TABLE:
Development Standards Table V-4 found on page V-27
G. DEVELOPMENT STANDARDS
G.t General Standards
Development standards shall be consistent with the standards contained in the following Table V-4.
G.2 Land Use Specific Standards
Special use standards for this Specific Plan shall be applicable to the following uses:
a. Convenience stores
b. Day care facilities
c. Mini-storage
d. Recycling facilities for reusable domestic containers
e. Service stations
The standards for these uses shall be consistent with the provisions contained in Section 19.06.030(2)
of the Development Code.
G.3 Property Development Standards
G.3.t Property development standards shall be consistent with Section 19.20.020 of the
Development Code except:
1. Exterior building walls,
2. Screening, and
3. Solar energy.
G.3.2 Intersection and Corner Visibility
To ensure clear and unobstructed visibility at intersections, landscaping planting and signs
shall be limited to three feet in height within the following defined areas at street and driveway
intersections and as illustrated in Exhibits V-II and V-I2:
Type
Primary street
Secondary street
Local street
Driveways
Distance From Intersection
50 feet
35 feet
25 feet
25 feet
,",.;
V-26
TABLE V-4
DEVELOPMENT STANDARDS
Districts
Development .
Standards G R&D IND JWS TP
Net Lot Area (min.) -l-ae. lac. NA NA NA
Building Setback I from Street (min.) ~ 25'(P) 25'(P) NA- 2S'(P)
~ 19'(5) ~ 25'(0)
WfS) 15'(L) 19'(5) 19'(S)
~ IS'(PR) 15'(L) IS'(L)
~ 10'(PR) 10' (PR)
Building Setback from Property Line (min.) ~ 10'(A) and 0' or 20' NA- 0' or 20'
llftd 10'(B) (A)(B) (A)(B)
~
Building Separation (min.) ~ 20' 20' NA- 20'
Building Setback along 3"" Street (min.) NA 37'(C) 37'(C) NA- NA
Parking Setback (min.) - 32'(C) 32'(C) NA- 20'(P)
~ 20'(P) 20'(p) 14'(S)
~ 14'(S) 14'(S) 10'(L)
~ 1 O'(L) IO'(L)
Building Height (max.) fiG! 60' ~3 NA- 120'
Floor Area Ratio (max.) ~ .5. ~.S NA .5
Lot Frontage (min.) NA 100' 100' NA NA
(P) Major Arterial
(st Se4:ondary Arterial/Specific Plan Collector
(L) Local Road
(PR) Private Road
(A) Rear setback
(8) Interior side setback
(C) 3"" Street setback (includes 12' bicycle path)
(0) Mill Street setback (100' right~f.way)
All setbacks are measured from the right~f.way on public streets and fi'om the back of curb or sidewalk on private
roads.
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Setback can be either dimension or greater than 20', but nothing in between.
I 3
Subiect to FAA heil!ht reauirements for uses located near the runwav. For industrial uses located adjacent to Third
Street, maximum height is 100'.
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Thc-secondary I!flerlal contains 6' of landscaping within the right-of-way in addition to the landscaped setback (see
Exhibit V-3).
.-:"'
V-27
I
Exhibit G, Item (d)
,
City Resolution No. 2004-324
Approved by the City on October 7, 2004
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RESOLUTION NO. 2004-324
RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING GENERAL PLAN
AMENDMENT NO. 04-03 AND SPECIFIC PLAN AMENDMENT NO. 04-02 TO THE
GENERAL PLAN OF THE CITY OF SAN BERNARDINO, TO AMEND THE
GENERAL PLAN LAND USE DESIGNATION FROM SAN BERNARDINO
INTERNATIONAL TRADE CENTER SPECIFIC PLAN TOURIST COMMERCIAL TO
INDUSTRIAL FOR 30 ACRES AND TO DELETE LELAND NORTON WAY FROM
6 THE CIRCULATION ELEMENT, APPROVAL OF DEVELOPMENT PERMIT II NO.
7 04-27 TO CONSTRUCT AN AIR CARGO FACILITY, AND APPROVAL OF LOT LINE
ADJUSTMENT NO. 04-13 TO ACCOMMODATE THE PROJECT, WHICH IS
8 LOCATED ON THE SOUTH SIDE OF 3RD STREET, EAST OF DEL ROSA AVENUE.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1. Recitals
(a) WHEREAS, the General Plan for the City of San Bernardino was adopted by the
14 Mayor and Common Council by Resolution No. 89-159 on June 2, 1989.
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(b) WHEREAS, the San Bernardino International Trade Center Specific Plan was
adopted by the Mayor and Common Council by Resolution No. 96-50 on March 4, 1996.
(c) WHEREAS, General Plan Amendment No. 04-03 and Specific Plan Amendment No.
19 04-02 (a proposal to change the General Plan Land Use Designation from San Bernardino
20 International Trade Center Specific Plan Tourist Commercial to Industrial for approximately 30
21 acres located on the south side of 3'd Street, east of Del Rosa Avenue, to delete reference to
22 Tourist Commercial from the Specific Plan, and to remove Leland Norton Way from the
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Circulation Element) was considered by the Planning Commission on September 8, 2004, after a
noticed public hearing. The Planning Commission's unanimous vote on a motion to recommend
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26 app,r,oval of the General Plan Amendment and Specific Plan Amendment has been considered by
27 the Mayor and Common Council.
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12 within the scope of Final Environmental Impact Report and Traffic Impact Analysis; and that
(d) WHEREAS, General Plan Amendment No. 04-03 and Specific Plan Amendment No.
04-02 were reviewed under the California Environmental Quality Act (CEQA) through an Initial
Study which found no significant adverse effects on the environment related to the amendments.
(e) WHEREAS, the Initial Study also analyzed impacts related to Development Permit II
No. 04-27 for the development of a 368,550 square foot air cargo facility in the area included in
the amendment area and an adjacent site, as well as consistency with the Final Environmental
Impact Report and Traffic Impact Analysis certified in conjunction with adoption of the San
Bernardino International Trade Center Specific Plan.
(f) WHEREAS, the Initial Study concluded that the proposed air cargo facility was
13 there were project-specific impacts that could be mitigated to a level of less than significant
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reviewed by the Planning Commission and the Mayor and Common Council in compliance with
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based on inclusion of mitigation measures identified in the Mitigation Monitoring Plan.
(g) WHEREAS, the Mitigated Negative Declaration pursuant to CEQA has been
the California Environmental Quality Act (CEQA) and local regulations.
(h) WHEREAS, the Planning Commission and the Mayor and Common Council
20 independently reviewed, analyzed, and exercised judgement in reviewing the Initial Study in
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(i) WHEREAS, the Mayor and Common Council held a noticed public hearing on
03 and Specific Plan Amendment No. 04-02, the Planning Commission and Environmental
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13 Impact Report and Traffic Impact Analysis and with incorporation of the proposed project-
14 specific mitigation measures; and that the Mitigated Negative Declaration heretofore accepted by
15 the Environmental Review Committee as to the effect of these proposed amendments and
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development project, is hereby ratified, affirmed and adopted.
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2J Bernardino that:
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2004-324
(j) WHEREAS, the adoption of General Plan Amendment No. 04-03 and Specific Plan
Amendment No. 04-02 is deemed in the interest of the orderly development of the City and is
consistent with the goals, objectives and policies of the General Plan and the San Bernardino
International Trade Center Specific Plan.
SECTION 2. Mitigated Negative Declaration
NOW, THEREFORE BE IT RESOLVED, FOUND AND DETERMINED by the Mayor
and Common Council that the proposed amendments to the General Plan of the City of San
Bernardino and the San Bernardino International Trade Center Specific Plan, the proposed air
cargo facility and related lot line adjustment will have no significant adverse effects on the
environment beyond those previously identified with certification of the Final Environmental
SECTION 3. Findings - General Plan Amendment No. 04-03 and Specific Plan
Amendment No. 04-02
BE IT FURTHER RESOLVED by the Mayor and Common Council of the City of San
A.
The proposed amendment is internally consistent with the General Plan and the
San Bernardino International Trade Center (SBITC) Specific Plan in that changing the
land use designation from Tourist Commercial to Industrial and deletion of reference to
Tourist Commercial from the Specific Plan is consistent with General Plan Objective
1.39 which states, "Promote the development and use of the existing airpo11 facilities and
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related buildings as an international air carner airport with aviation-related office,
commercial and industrial uses."
Removing Leland Norton Way from the Circulation Element of the General Plan
and SBITC Specific Plan will not affect traffic/circulation patterns within the Specific
Plan or Airport areas, or the adjacent areas. Although Leland Norton Way was designated
as a Secondary Arterial, it only accessed 3rd Street from a point in front of the existing
terminal. The terminal can still be accessed from Del Rosa Avenue and Leland Norton
Way, as a Secondary Arterial, is not necessary.
B. The proposed amendment will not be detrimental to the public interest, health,
safety, convenience, or welfare of the City in that the proposed development will have to
comply with all local, state, and federal requirements.
C. The proposed amendments would not impact the balance of land uses within the
City in that the proposed change in land use designation represents a relatively small
percentage of the overall land uses within the City.
D. In the case of an amendment to the General Plan Land Use Map, the subject
parcel(s) is physically suitable (including, but not limited to access, provision of utilities,
compatibility with adjoining land uses, and absence of physical constraints) for the
requested land use designation(s) and the anticipated land use development(s) in that all
required utilities and public services can adequately serve the site.
SECTION 4. Findings - Development Permit II No. 04-27
BE IT FURTHER RESOLVED by the Mayor and Common Council of the City of San
Bernardino that:
.;"
A. The proposed development is permitted within the subject zoning district with
approval of the amendments to the General Plan and San Bernardino International Trade
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Center Specific Plan. The warehouse/distribution portion ofthe project will be located
within the Industrial land use (zoning) district. The proposed project is a permitted use in
this land use district, as listed in Table V-l of the SBITC Specific Plan, with approval of
a Development Permit. The airport-related portion of the project is a permitted use in the
"A," Airport land use district as listed in Table 19.12A.020 of the Development Code,
with approval of a Development Permit.
The proposed project complies with all applicable provisions in the SBITC
Specific Plan and the provisions of the Development Code, including the industrial
design guidelines as shown on the site plan, elevations, and landscape plan, and the
Conditions of Approval.
B. The proposed air cargo facility is consistent with the General Plan and Specific Plan.
The San Bernardino International Trade Center Plan includes the following goals:
· Meet Economic Development and Redevelopment Needs
· Encourage future business development, generate or create new jobs for the
community and provide revenue
· Provide for a broad mix of commercial, office and industrial development
opportunities consistent with the overall objectives and policies established for the
property
· Comply with the City of San Bernardino General Plan
· Be consistent with state law.
Development of the project assists with the Inland Valley Development Agency's
and San. Bernardino International Airport Authority's goals of providing new
development, creating new jobs, and providing revenue. The DHL Air Cargo Facility is a
major warehouse/distribution facility, consistent with the mix of permitted uses. The
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2004-324
proposed project is in compliance with the Specific Plan, which itself is consistent with
the City's General Plan, and is consistent with applicable state law requirements.
C. The proposed facility will be compatible and harmonious with the existing and
surrounding land uses in the area. The proposed new construction will enhance the
existing site and be a benefit to the surrounding area due to its architectural design, on-
site and off-site improvements, and landscaping improvements.
D. Approval ofthe Development Pennit for the proposed development is in compliance
with the requirements of the California Environmental Quality Act and Section] 9.20.030(6)
of the Development Code. On the basis of the Initial Study, the
Development/Environmental Review Committee found that although the proposed
project could have a significant effect on the environment, there would not be a
significant effect in this case because all potentially significant effects (a) have been
analyzed adequately in an earlier ElR pursuant to applicable standards, (b) have been
avoided or mitigated pursuant to that earlier EIR, including revisions or mitigation
measures that were imposed upon the proposed project, and (c) no events have occurred
which require the preparation of a supplemental EIR or addendum to the EIR.
Although there will be new noise impacts associated with the introduction of
DHL aircraft, the number of airplane flights, and related noise, are within the scope of the
Initial Study prepared for the Interim Airport Operating Plan. That Initial Study also
incorporated, by reference, the 1990 IVDA Redevelopment Plan Final Environmental
Impact Report.
. E. There will not be potential significant adverse impacts upon environmental quality
,~ .,
and natural resources that could not be properly mitigated and monitored. Prior to approval
of the SHITC Specific Plan, the City certified the Environmental Impact Report and
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2004-324
Traffic Impact Analysis, and adopted the Mitigation Monitoring Program. In addition,
mitigation measures for this project are included in the Initial Study, and also included as
Conditions of Approval.
F. The subject site is physically suitable for the type and density/intensity of use being
proposed as evidenced by project compliance with all applicable Development Code and
SBITC Specific Plan standards, and Conditions of Approval.
G. There are adequate provisions for public access, water, sanitation, and public
utilities and services to ensure that the proposed use would not be detrimental to public
health and safety. All agencies responsible for reviewing access and providing water,
sanitation and other public services have all had the opportunity to review the proposal
and none have indicated an inability to serve the project. The proposal will not be
detrimental to the public health and safety in that all applicable Codes will apply to the
construction of this proj ect.
H. The location, size, design, and operating characteristics are consistent with all
provisions of the Development Code and will not be detrimental to the public interest,
health, safety, convenience, or welfare of the City. The proposed construction of the DHL
Air Cargo Facility will be compatible with the existing development in the area.
SECTION 5. Amendment
BE IT FURTHER RESOLVED by the Mayor and Common Council that:
A. The Land Use Plan of the General Plan and the San Bernardino International
Trade Center Specific Plan of the City of San Bernardino is amended by changing the
land use designation from San Bernardino International Trade Center Specific Plan
Tourist Commercial to Industrial, for approximately 30 acres located at the southeast
comer of 3rd Street and Del Rosa Avenue, and deleting reference to Tourist Commercial
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2004-324
from the Specific Plan. This amendment is designated as General Plan Amendment No.
04-03 and Specific Plan Amendment No. 04-02 and its location is outlined on the map
entitled Attachment A, and described in Attachment B, copies of which are attached and
incorporated herein for reference.
B. General Plan Amendment No. 04-03 and Specific Plan Amendment No. 04-02
shall become effective immediately upon adoption of this resolution.
SECTION 6. Map Notation
This resolution and the amendment affected by it shall be noted on such appropriate
General Plan maps previously adopted and approved by the Mayor and Common Council
and which are on file in the office of the City Clerk.
SECTION 7. Notice of Determination
The Planning Division is hereby directed to file a Notice of Determination with the
County Clerk of the County of San Bernardino certifying the City's compliance with
California Environmental Quality Act in preparing the environmental documentation.
III
8
,
Common Council of the City of San Bernardino at a
joint re~ular
meeting thereof,
2004-324
1
RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING GENERAL PLAN
2 AMENDMENT NO. 04-03.... LOCATED ON THE SOUTH SIDE OF 3RD STREET, EAST
OF DEL ROSA A VENUE.
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I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
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Approved as to form
24 and legal content:
~A~
City Clerk
The foregoing resolution is hereby approved this
October __,2004.
H V ALLES, Mayor
ity of San Bernardino
25
JAMES F. PENMAN
26 City 'Attorney , .
27 BY;~ t, p~
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BEARINGS AND 'DISTANCES SHO~ IEREON ARE GRID, BASED ON,
lHE CALIF'alNIA COORDIJ'/ATE S'1SltN (HAD 83) ZONE 5. 10 OBTAIN
GROUND DISTANCES, 'DIVIDE lHE DISTANCE SHOWN BY 0.89993157.
REVISION
PREPARED BY:
Associated Engineers. Inc,
3311 EAST SHELBy STREET
ONTARIO. CAUFORNlA 91764
TEL:(909)980-1982 · FAX;(909)941-0B91
PREPARED FOR:
SAN BERNARDINO INTERNATIONAL AIRPORT AUTHORITY
PARCELS 1, 2 AND 3
SEPTEMBER 24, 2004
l.: \2004\04061 \DWG\IIAPPING\LEGALS\ZONEPLAl
2004-324
LEGAL DESCRIPTION
PARCEL 1
ATTACHMENT "B"
II
In the City of San Bernardino, County of San Bernardino, State of California, being portions of Block 49 amt50
of the Rancho San Bernardino, as per Map recorded Book 7 of Maps, Page 2, Records of said County,
together with portions of vacated streets and alleys lying within and adjacent to said blocks, being a portion of
Parcel "A-1" as described in a sub-lease by and between the Inland Valley Development Agency and Ming
Plaza Development, reCOrded January 24, 1997, as Document No. 19970024757 of Official Records in the
Office of the County Recorder of said County, described as follows:
COMMENCING at the intersection of the centerlines of 3rd Street and Del Rosa Avenue North; thence along
the centerline of 3rd Street North 89045'07" East, 0.47 feet to the centerline of Del Rosa Drive; thence South
00055'35" East, along said centerline, 1015.95 feet; thence at right angles to said centerline, North 89004'25"
East, 60.00 feet to the East line of said Del Rosa Drive and the TRUE POINT OF BEGINNING; thence North
43006'10" East, 41.73 feet; thence North 89004'25" Eas~ 251.35 feet; thence South 45055'35" East, 39.60
feet; thence South 00055'35" East, 255.31 feet; thence South 41020'54" West, 42.29 feet; thence North
89053'09" East, 328.05 feet 10 a point hereinafter mentioned as Point "A"; thence North 01"01'53" West,
491.49 feet; thence North 88"58'07" East, 443.56 feet; thence North 01001'53" West, 687.37 feet to the
beginning of a tangent curve, concave southwesterly, having a radius of 463.97 feet; thence along said curve
through a central angle of 28034'38",231.41 feet; thence North 29036'31" West, 29.07 feet; thence North
79034'12" West, 17.19 feet to the southerly line of 3rd Street, said point bears 60.00 feet, measured at right
angles from the centerline of 3rd Street; thence along said southerly line, South 60024'42" West, 229.83 feet to
the beginning of a tangent curve, concave northwesterly having a radius of 659.96 feet; thence along said
curve through a central angle of 29"20'25", 337.95 feet; thence South 89"45'07" West, 328.38 feet; thence.
South 44024'46" West. 150.72 feet to the East line of Del Rosa Drive; thence along said east line South
OO"55'35"Easn~4KU3leett(ftfieTRUE POlNT'OFBEG1NNlNG. ........
EXCEPTING therefrom that portion described as follows:
BEGINNING at the aforementioned Point A, said point being the southwesterly comer of Parcel F-2 as shown
on a Record of Survey No. 96-0174, filed as Book 108, Pages 76-77 of Records of Survey in said OffIce of the
County Recorder, said pOint also being the southwesterly corner of Parcel "A-Z", as described in said sub-
lease by and between the Inland Valley Development Agency and Ming Plaza Development; thence northerly
along the westerly line of said Parcel "A-2", North 01 001 'S3" West, 491.49 feet to the northwesterly corner of
said Parcel "A-2"; thence continuing, North 01001 '53" West, 47.30 feet; thence South 88"58'07" West, 298.S9
feet to a point of intersecllon with the northerly prolongation of a line that bears North 00"55'35" West, 255.31
feet as shown on said Record of Survey, said line being the easterly line of land described in a Deed recorded
May21, 1998 as Document No. 1998019658S, of Official Records in said Office of the County Recorder, said
point being distant North 00"55'35" West, 247.00 feet from the northeasterly corner of said land described In
said last mentioned Deed; thence along said northerly prolongation, South 00055'35" East, 247.00 feet to said
northeasterly corner; thence along the easterly line of said last mentioned Deed and continuing South
00"55'35" East, 255.31 feet; thence continuing along said easterly line, South 41"20'54" West, 42.29 feet to
the southwesterly corner of said Parcel "A-1"; thence along the southerly line of said Parcel "A-1', North
69"53'09" East, 328.0S feet to the POINT OF BEGINNING.
Area containing 19.90 acres, more or less.
Bearings and Distances used in the above description are based on the California Coordinate System,
Zone 5 (NAD-83). Divide distances shown by 0.99993157 to obtain ground level distances.
The legal description above was taken from "New Parcel A" as described In Certificate of Compliance for
Lot line Adjvstment No. 2003-005, recorded June 19, 2003 as Document No. 2003-0414267 Official
Records .,.
L.:\2004\040lit'DWG\MAPfING\Jtllil8l&\PARCEL 1.0DC
2004-324
LEGAL DESCRIPTION
PARCEL 2
In the City of San Bernardino, County of San Bernardino, State of California, being a portion of Block 49 of the
Rancho San Bernardino, as per Map recorded Book 7 of Maps, Page 2, Records of said County, together with
portions of vacated streets and alleys lying within and adjacent to said blocks, being a portion of Parcels "A-1"
and "A-2, as desCribecf it'! a !lLl~-I~ase by and betw~en the In/?nd Vl'lJlllY DeVelopment Agency and Mlng Plaza
Development, recorded January 24, 1997, as Document No. 19970024757 of Official Records in the Office of
the County Recorder of said County, described as follows:
COMMENCING at the Intersection of the centerlines of 3rd Street and Del Rosa Avenue North; thence along
the centerline of 3rd Street North 89"45'07" East, 0.47 feet to the centerline of Del Rosa Drive; thence SCiulli
00"55'35" East, along said centerline, 1015.95 faet; thence at right angles to said centerline, North 89"04'25" .
East, 60.00 feet to the East line of said Del Rosa Drive; thence North 43'06'10" East, 41.73 feet; thence North
89"04'25" East, 251.35 feet; thence South 45"55'35" East, 39.60 feat; thence South 00.55'35" East, 255.31
feet; thence South 41"20'54" West, 42.29 faat; thence North 89"53'09" East, 328.0S feet to the TRUE POINT
OF BEGINNING, said point hereinafter mentioned as .Point A"; thence North 01"01'S3" West, 491.49 feet;
thence North 88'58'07" East, 443.56 feet; thence South 01.01'53" East, a distance of 432.74 feet; thence
South 38"42'44" West, 84.S1 feet; thence South 89"53'09" West, 389.58 feet to the TRUE POINT OF
BEGINNING.
TOGETHER with that portion described as follows:
BEGINNING at the aforementioned Point A, said point being the southwesterly comer of Parcel F-2 as shown
on a Record 0.1 Survey. Ng, ~6:O_ t 7 4, flle.!ta_~_B99~J 08,-P.age_sJ_6~ n otRecoJ(tspf~ur:v.eyjn ~_aid .off~ of toe .
CountY -Recorder, said point also being the southwesterly corner of Parcel "A-2", as described In said sub-
lease by and between the Inland Valley Development Agency and Ming Plaza Development; thence northerly
along the westerly line ofseid ParcelgA-2", North 01"01'53" West, 491.49 feet to the northwesterty corner of
said Parcel "A-2"; thence continuing, North 01"01'53" West, 47.30 feet; thence South B8"58'07" West, 298.59
feet to a point of intersection with the northerly prolongation of a line that bears North 00"55'35" West, 255.31
feet as shown on said Record of Survey, said line being the easterly line of land described in a Deed recorded
May 21, 1998 as Document No. 19980196585 of Official Records In said Office of the County Recorder, said
point being distant North 00"5S'35" West, 247.00 feet from the northeasterly comer of said land described in
said last mentioned Deed; thence along said northerly prolongation, South 00"5S'35" East, 247.00 feet to said
northeasterly comer; thence along the easterly line of said last mentioned Deed and continuing South
00'55'35" East, 255.31 feet; thence continuing along said easterly line, South 41 "20'54" West, 42.29 feet to
the southwesterly corner of said Parcel "A-1"; thence along the southerly line of said Parcel "A-1", North
89"53'09" East, 328.05 feet to the POINT OF BEGINNING.
Area containing 8.69 acres, more or less.
Bearings and Distances used In the above description are based on the California Coordinate System, Zona 5
(NAO-83). Divide distances shown by 0.99993157 to obtain ground level distances.
The legal description above was taken from "New Parcel au as described in Certificate of Compliance for
Lot Line Adjustment No. 2003-005, recorded June 19,2003 as Document No. 2003-0414267 Official
Records.
L:\2004\04061IDWGIMAPPIN G~egals\PARCEL 2.DOC
--.'-'_'__~_n__.____._ ____._.__.,.
..., -- .... .~--~.__._--------
._--, -.. -- '-- --- ~- -~
2004-324
LEGAL DESCRIPTION
PARCEL 3
In the City of San Bernardino, County of San BernardIno, State of California" being a portion of Block 49 of
the Rancho San Bernardino, as per map recorded In Book 7 of maps, Page 2, Records of said County
together with portions of vacated streets and alleys lying within and adjacent to said blocks, more particularly
described as follows: . . . .
Commencing at the intersection of the centerline of 3rd street and Del Rosa Avenue North; thence along the
centerline of 3rd Street, North 89045'07" East, 0.47 feet to the centerline of Del Rosa Drive; thence South
00055'35" East, along said centerline 1015.95 feet thence at right angles to said centerline, North 89004'25"
East, 60.00 feet to the East line of Del Rosa Drive and the POINT OF BEGINNING; thence North 43006'10"
East, 41.73 feet; thence North 89004'25" East, 251.35 feet; thence South 45"55'35" East, 39.60 feet; thence
South 00055'35" East, 255.31 feat; thence South 41020'54" West, 4229 feat; thence South 89053'09" West,
249.67 feel; thence North 45055'00" West, 42.80 feet to the East line of Del Rosa Drive; thence North
00055'35" West, along said East line, 250.79 feet to the POINT OF BEGINNING.
Area containing 2.17 acres, more or less.
Bearings and Distances used in the above description are based on the California Coordinate System, Zone
5 (NAD-83). Divide distances shown by 0.99993157 to obtain ground level distances.
The legal description above was taken from QuitclaIm Deed rBCOrded May 21, 1998 as Document No.
1998-o19~S85 ofOfflclal Repards.
L:12004\04061\DWG\MAI'PlNGlJIll8IoIPARCEL 3.DOC
Recording Requested
By and Mail To:
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D~Art
o s- l) J.-
City of San Bernardino
300 North "D" Street
San Bernardino, CA 92418
When Recorded, Mail To:
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Mr. James F. Penman, Esq.
Office of the City Attorney
City Hall, Sixth Floor
300 North "D" Street
San Bernardino, CA 92418
DEVELOPMENT AGREEMENT
BETWEEN
THE CITY OF SAN BERNARDINO
AND STATER BROS. MARKETS
This Development Agreement Between the City of San Bernardino and Hillwood/San
Bernardino, LLC (this "Agreement") is entered into by the City of San Bernardino, California, a
municipal corporation (the "City") and Stater Bros. Markets, a California corporation ("Stater
Bros."), regarding the development of real property in the City, to be effective as of the Effective
Date (hereinafter defined). For good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, the City and Stater Bros. agree as follows:
I. RECITALS. This Agreement is entered into with reference tothe following facts:
1.1 The Master DDA. Hillwood/San Bernardino, LLC ("Hillwood") and Inland Valley
Development Agency ("IVDA") entered into a Master Disposition and Development
Agreement effective November 6,2002 (as amended, the "Master DDA").
1.2 Stater Bros. StatetBros. desires to develop approximately (a) 90 acres of the DDA Land
described in the attached Exhibit B (the "Stater Bros. DDA Parcel") and (b) an additional
adjoining sixty-five (65) acres (together, the "Stater Bros. Proiect Site") for a new
company headquarters and consolidated distribution facility costing in excess of
$160,000,000 (together with the Stater Bros. DDA Parcel, the "Stater Bros. Project"). In
order for Stater Bros. to be able to develop the Stater Bros. Project on the Stater Bros.
Project Site, Hillwood must surrender its development rights under the Master DDA on the
portion of the Stater Bros. DDA Parcel and designate Stater Bros. as the entity to which
IVDA is authorized to convey such portion of the Stater Bros. DDA Parcel. The Stater
Bros. Project Site includes a portion of the DDA Land, and the loss of the development
rights of Hill wood to such portion of the Stater Bros. Project Site affects the land inventory
under the Master DDA which can be developed by Hillwood. Hillwood is not being
compensated by Stater Bros. for the full value of the loss of such development rights but is
willing to accept such less than full value to facilitate the development of the Stater Bros.
Project provided that Hillwood, through other Development Agreements with the City
executed simultaneously herewith, obtains the benefits of the Vested Provisions
(hereinafter defined) for substantially all of the remainder of the DDA Land. Accordingly,
in order to accept such loss of land inventory, Hillwood must have assurances of the
certainty of certain existing development rights on the remainder of the DDA Land.
Hillwood would not surrender such development rights without assurances, in addition to
such development rights certainty on the remainder of the DDA Land, that the Stater Bros.
Project, in fact, would be developed and constructed. Accordingly, (a) Hillwood and
Stater Bros. have entered into an agreement pursuant to which Hillwood has agreed to
designate Stater Bros. to acquire the portion of the Stater Bros. Project Site under the
Master DDA subject to certain conditions being satisfied, one of which is the execution of
this Agreement, and (b) IVDA and Stater Bros have entered into an Owner Participation
Agreement dated June 14, 2004, pursuant to which IVDA will convey to Stater Bros. a
portion of the DDA Land and other parcels and Stater Bros. has committed to develop the
Stater Bros. Project (the "OP A"). Stater Bros. is an Owner (hereinafter defined) under this
Agreement.
1.3 RESERVED
1.4 RESERVED.
1.5 Stater Bros. Proiect Site Parcels. As of the Effective Date, portions of the Stater Bros.
Project Site described on the attached Exhibit C are owned by lVDA (the "IVDA
Parcels"), and portions of the Stater Bros. Project Site described on the attached Exhibit D
(the "SBIAA Parcels") are owned by the San Bernardino International Airport Authority
("SBIAA"). It is contemplated that the IVDA Parcels and the SBIAA Parcels will be
acquired by Stater Bros. for the Stater Bros. Project Site. Stater Bros. has acquired certain
other parcels in the Stater Bros. Project Site described on the attached Exhibit E (the "SB
Acquired Parcels").
1.6 Development Agreement Purpose. The City and Stater Bros. desire to enter into this
Agreement in order to facilitate and encourage the pursuit and development of the Stater
Bros. Project and to establish certainty in the development process for the Stater Bros.
Project on the Property (hereinafter defined).
1.7 Code Authorization and Acknowledgements. The City is authorized pursuant to California
Government Code Sections 65864 through 65869.5, (the "California Development Agreement
Legislation") to enter into development agreements with persons having legal or equitable
interests in real property for the purpose of establishing certainty in the development process.
The City enters into this Agreement pursuant to the California Development Agreement
Legislation and pursuant to City Code Chapter 19.40 (hereinafter defined).
1. 7.1 This Agreement constitutes a current exercise of the City's police powers to
provide certainty to Stater Bros. in the development approval process and the
development of the Property by vesting certain permitted land uses and
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development criteria described in the Specific Plan (hereinafter defined) and
certain other matters set forth in this Agreement in exchange for significant public
benefits the City would receive if the Stater Bros. Project is developed as
provided in the OP A.
1.7.2 This Agreement is granted in consideration of Stater Bros. entering into the OPA
and of the significant public benefits that could be derived from the development
of the Property, including the development of the Stater Bros. Project acting as a
potentially significant catalyst for the development of other properties within the
IVDA redevelopment area within the City, as well as: (a) mitigating blight
currently existing in such area, (b) creating new employment opportunities within
the region; and (c) contributing to the expansion and/or extension of public
services and utilities. The City acknowledges that each of these potential benefits
independently provides sufficient public benefits to justify this Agreement. The
City further acknowledges that a significant benefit arising from the Stater Bros.
Project includes the potential additional tax increment revenues from the Stater
Bros. Project and the remainder of the IVDA redevelopment area in the City
which could be more rapidly developed due to the development of the Property.
1.8 General Plan Compliance. In connection with the approval of the Specific Plan and
certification of the environmental impact report (the "EIR") prepared in connection with
the Specific Plan, the Common Council of the City (the "Council") made findings that the
Specific Plan and the project are consistent with the City General Plan and City Code
Chapter 19.40. The "project" analyzed by the EIR included development as set forth in the
Specific Plan. No challenges were made to the determination of the General Plan and
Specific Plan consistency. The certification of the EIR and the approval of the Specific
Plan by the City included a determination of General Plan consistency. Such consistency
finding included a determination that the Specific Plan and the project complied with
General Plan Goal 1 B, Goal 1 G(b) and Goal 11. In addition, a General Plan consistency
determination was made in connection with subsequent amendments to the Specific Plan.
1.9 Development Agreement Findings. This Agreement is consistent with the City General
Plan, the Specific Plan and the City Development Code and will promote the welfare and
public interest of the City. Further, the Council makes the following findings and confirms
compliance with City Code Chapter 19.40:
1.9.1 Stater Bros. has requested and applied through the Director of the City's
Development Services Department (the "Director") to enter into this Agreement,
and IVDA and SBlAA have joined in such application;
1.9.2 Stater Bros., IVDA and SBIAA have the legal or equitable ownership interest in
the Property, and the Property exceeds one acre in size;
1.9.3 Stater Bros.' application to enter into this Agreement has been made on forms
approved, and contains all information required, by the Director;
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1.9.4 The status of Stater Bros., 1VDA and SB1AA as owners of, or holders of legal or
equitable interests in, the Property has been established to the satisfaction of the
Director;
1.9.5 Stater Bros. 's application was accompanied by the fee established pursuant to
Chapter 19.32 (Application and Fees) and all other lawfully required documents,
materials and information;
1.9.6 The Director received, reviewed and processed Stater Bros.' application for
consideration by the Planning Commission of the City (the "Planning
Commission"), and the Council and has recommended that the Commission and
the Council approve Stater Bros.' application and the City entering into of this
Agreement;
1.9.7 The City has complied with all requirements of the California Environmental
Quality Act ("CEQA") and all other applicable laws in the approval of this
Agreement and adopting the Resolution (hereinafter defined).
1.9.8 All other requirements under applicable law have been satisfied by Stater Bros. or
the City with respect to this Agreement.
1.10 Planning Commission and Common Council Hearings. On October 4, 2005, the Planning
Commission, after giving the notice required by law, held a public hearing to consider the
application for adoption of this Agreement. At the conclusion of the public hearing, the
Planning Commission recommended to the Council that this Agreement be adopted as
proposed. On October 17, 2005, the Council, after providing notice as required by law,
held a public hearing to consider the application for adoption of this Agreement. The
Resolution was adopted by the City in accordance with the requirements and procedures
set forth in Section 19.40.030 of City Code Chapter 19.40, approving the application for
adoption of this Agreement, authorizing execution of this Agreement by the Mayor of the
City and setting forth findings (with supporting facts) referenced in Section 1.9 above.
1.11 City Resolution. On October 17, 2005, the Council adopted Resolution No. (the
"Resolution") approving this Agreement. The Resolution became effective on
, 2005 (the "Effective Date").
1.12 City Code Chapter 19.40 Mandatory Contents. This Agreement does contain the
provisions required by Section 19.40.040 (1) of the City Code Chapter 19.40, as follows
(paragraph references are to said Section 19.40.040 (1 )):
1.12.1 Duration - see Section 3.2 of this Agreement;
1.12.2 Uses, density, intensity, height and size - see Sections 3.3 and 3.4 and Exhibit G
of this Agreement;
1.12.3 No reservation or dedication of land for public purposes is contained in this
Agreement;
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1.12.4 No protection against fee increases - see Section 3.4.2(a)(ii) of this Agreement;
1.12.5 Tiered amendment process - see Section 7.2 of this Agreement; and
1.12.6 Health and safety exception - see Section 3.4.2(b) of this Agreement.
2. CERTAIN DEFINITIONS. In this Agreement, unless the context requires otherwise (and in
addition to other defined terms in this Agreement):
2.1 "City Code Chapter 19.40" means Chapter 19.40 of the City Development Code in effect
as of the Effective Date.
2.2 . "General Plan" means the San Bernardino City General Plan in effect as of the Effective
Date.
2.3 "Assignee" means a Person (a) to whom Stater Bros. (or an Assignee) expressly assigns
its rights and obligations under this Agreement, and (b) who is an Owner of the Property.
An Owner shall not be an Assignee merely due to being an Owner but may be an Assignee
if (a) and (b) under this Section 2.3 are satisfied. Neither IVDA nor SBIAA may be an
Assignee.
2.4 "Owner" means any Person that owns a parcel in the Property, except that the term
"Owner" shall not include (a) IVDA, (b) SBIAA, (c) any governmental entity that owns
merely a right-of-way, easement for a right-of-way or utility easement, or (d) any utility
company that owns merely an easement or a sub-station or similar facility.
2.5 "Person" means any natural person, firm, association, organization, business trust,
partnership, joint venture, limited liability company, corporation or other legal entity.
2.6 "Property" means the following real property (improved or unimproved) situated in San
Bernardino, San Bernardino County, California:
2.6.1 The property described in the attached Exhibit A, which is the Stater Bros. Project
Site (including the IVDA Parcels, the SBIAA Parcels and the SB Acquired
Parcels ).
2.7 "Specific Plan" means the San Bernardino International Trade Center Specific Plan, as
adopted on March 4, 1996 and amended on September 3, 1999 and November I, 1999, and
as further amended by City Resolution No. 2004-324 approved by the City on October 7,
2004.
3. DEVELOPMENT OF THE PROPERTY; VESTED PROVISIONS
3.1 City Code Chapter 19.40. This Agreement is subject to the provisions of City Code Chapter
19.40.
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3.2 Term. The term of this Agreement shall commence on the Effective Date and extend for a
period ending on the earlier of 20 years following the Effective Date.
3.3 Vested Provisions. Stater Bros. shall have the vested right, to the fullest extent allowed
under the California Development Agreement Legislation and except as otherwise
expressly provided in this Agreement, to develop the Property in accordance with the
specific provisions of the Specific Plan identified on the attached Exhibit F, all as in effect
as of the Effective Date and the other provisions of this Agreement (the "Vested
Provisions"). All existing and future rules, regulations, ordinances, resolutions and policies
of the City as applied to any use or development of the Property shall be interpreted and
enforced in a manner consistent with the Vested Provisions.
3.4 Changes in the Vested Provisions.
3.4. I Except as provided in Section 3.4.2 below, any change in, or addition to, the
Vested Provisions adopted or becoming effective after the Effective Date,
including any change by means of ordinance, initiative, referendum, resolution,
motion, policy, order or moratorium, initiated or instituted for any reason
whatsoever and adopted by the Council, the Planning Commission or any other
commission or department of the City, or any officer or employee thereof, or by
the electorate, as the case may be, which would, absent this Agreement, otherwise
be applicable to the Property, shall not be applied to the Property to the extent that
any such change or addition conflicts or is inconsistent with any of the Vested
Provisions.
3.4.2 Notwithstanding the provisions of Section 3.4. I above:
(a) The following shall apply to the Property to the same extent the same
apply uniformly to other property and projects in the City: (i) changes in
the City's building, plumbing, electrical, fire and grading codes and
ordinances, (ii) increases in development fees (from which increases this
Agreement provides no protection to Stater Bros., (iii) imposition of new
fees applied on City-wide uniform and non-discriminatory basis including
traffic mitigation fees, and (iii) changes in state or federal law;
(b) The Vested Provisions may be modified only by the City as it determines
to address a compelling public necessity regarding health and safety that
cannot reasonably be addressed by other means or to comply with any
later adopted federal or state law or regulation; and
(c) The City may make changes in or additions to the Vested Provisions that
otherwise would be prohibited by this Agreement if the City first obtains
the written consent of Stater Bros.
3.4.3 RESERVED
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3.4.4 Stater Bros. recognizes and agrees that nothing contained in this Agreement or the
Vested Provisions precludes the City from finding and determining that other
mitigation measures are required directly resulting from the impacts of specific
development occurring on the Property. Such development-specific mitigation
measures may be in the form of the requirement to construct, modify or install
new or existing public improvements and public facilities for such infrastructure
items as public streets, roadways, landscaping, utilities, drainage and flood control
improvements, water and sewer facilities, street lighting and signal lights or
monetary payments in lieu of the construction of any or all of such public
improvements.
3.4.5 Stater Bros. recognizes that there are parcels of land included within the Specific
Plan which are not a part of the Property. Stater Bros. agrees that the City may
amend or modify or rescind the Specific Plan as to any other properties which are
not included within the Property in any manner deemed reasonable or necessary
under the circumstances without any approval right by Stater Bros. pursuant to
this Agreement. Nothing shall prevent Stater Bros. from exercising all other
rights available under State law with respect to any amendment of the Specific
Plan as to such properties that are not included within the Property.
3.4.6 RESERVED
3.4.7 RESERVED
3.5 Joinder by IVDA and SBIAA. IVDA and SBIAA join in this Agreement to subject their
respective parcels to this Agreement and for those parcels to receive the benefits of this
Agreement.
3.5.1 IVDA subjects to this Agreement the IVDA Parcels.
3.5.2 SBIAA subjects to this Agreement the SBIAA Parcels.
3.5.3 Stater Bros. subjects to this Agreement the SB Acquired Parcels.
3.5.4 All ofthe benefits of the Vested Provisions and this Agreement apply to all of the
Stater Bros. Project Site (which includes the Stater Bros. DDA Land, the IVDA
Parcels and the SBIAA Parcels), as covenants running with the land.
4. PERIODIC REVIEW
4. I Time of Review. This Agreement shall be reviewed by the City at least once a year in
accordance with California Government Code section 65865.1, on or before the
anniversary date of the recordation of this Agreement, in order to ascertain the good faith
compliance by Stater Bros. with the terms of this Agreement. Stater Bros. shall submit an
Annual Monitoring Report demonstrating its good faith compliance with the terms of this
Agreement within 30 days after written notice from the City of the date of the review to be
conducted by City. Following any such review, the City shall notify Stater Bros. in writing
within 30 days of its determination as to compliance or noncompliance with the terms of
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the Agreement. The annual review procedure set forth herein and in Government Code
Section 65865.1 shall be applicable during the term of this Agreement.
4.2 Failure to Conduct Periodic Review. In the event the City fails to conduct the periodic
review, such failure shall not be deemed approval by the City of Stater Bros.' good faith
compliance with the terms of this Agreement, and the City may undertake an independent
review of Stater Bros.' performance since the date of the last annual review, or as of the
Effective Date, as applicable, unless Stater Bros. shall have submitted an Annual
Monitoring Report to the City demonstrating its good faith compliance with the terms of
this Agreement notwithstanding the lack of notice from the City as provided in Section 4.1
above. In the event the City has not taken action to accept or reject such Annual
Monitoring Report within 90 calendar days after receipt, Stater Bros. shall then be deemed
to have complied in good faith with the terms of this Agreement.
4.3 Cost of Periodic Review. Stater Bros. shall pay to the City the actual cost incurred by the
City in conducting any such periodic review as provided in Sections 4.1 and 4.2 above.
The actual cost of such review shall be based upon the City fee structure then in effect,
including the salaries and reasonable costs and expenses of the Office of the City Attorney
or any other experts and other legal Counsel retained by the Office of the City Attorney
with respect to such review. Stater Bros. shall submit the review fees concurrently with
submission of the Annual Monitoring Report pursuant to Sections 4.1 and 4.2 above if
such a published applicable fee structure then is in effect and shall also submit a deposit
for the estimated City fees (if a set amount is not specified in a published fee schedule) and
the estimated salaries and reasonable costs and expenses to be incurred by the Office of the
City Attorney promptly after receipt of such estimate from the City.
5. DEFAULT.
5.1 Events of Default. A default under this Agreement shall be deemed to have occurred upon
the happening of one or more of the following events or conditions:
5.1.1 A warranty, representation or statement made or furnished by Stater Bros. to the
City in or under this Agreement is false in any material respect when it was made.
5.1.2 A good faith finding and determination by the City made following a periodic
review under the procedure provided for in California Government Code section-
65865.1 and Section 4.1 above that upon the basis of substantial evidence Stater
Bros. has not complied in good faith with one or more of the terms or conditions
of this Agreement.
5.1.3 Any other act or omission by the City or Stater Bros. that breaches or materially
interferes with any of the terms of this Agreement.
5.2 Procedure upon Default. Neither the City nor Stater Bros. may exercise any remedies with
respect to an event of default referenced in Section 5.1 above unless the party claiming a
default by the other party gives a written notice to the alleged defaulting party specifying
the event of default and such event of default is not cured within the applicable Cure
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Period (hereinafter defined). The term "Cure Period" as used herein means (a) with
respect to an event of default that reasonably can be cured within 30 days, the period of 30
days following the receipt of such written default notice, and (b) with respect to an event of
default that cannot reasonably be cured within 30 days, and if efforts are commenced to
cure such default within 30 days following the receipt of such written default notice, the
period reasonably required to complete such cure with diligent prosecution.
5.3 Remedies. All remedies, at law or in equity, shall be available to the City and Stater Bros.
with respect to any default under this Agreement. Notwithstanding the above, each party
acknowledges that monetary damages would not be an adequate remedy if the other party
fails to carry out its obligations under this Agreement. Therefore, specific performance of
this Agreement is an available and necessary remedy in order to fully compensate a party
if the other party fails to carry out its obligations under this Agreement, and each party
hereby agrees that the other party shall be entitled to specific performance in the event of a
default hereunder. Further, notwithstanding anything in this Agreement to the contrary,
the acts of one Owner of a parcel within the Property shall not affect the rights under this
Agreement with respect to any other parcel within the Property. The City may, as provided
in the immediately following sentence and in addition to such other rights and remedies
that it may have as provided herein, terminate this Agreement as to any default which is
not timely cured by Stater Bros., or by any Mortgagee (hereinafter defined) as the case
may be, in the manner as provided herein. After all cure periods have been exhausted, the
City may terminate this Agreement upon delivery of a notice of termination to Stater Bros.
and to any Mortgagee of which the City has notice, which notice of termination shall be
effective as to the termination of this Agreement within 15 days after receipt by Stater
Bros. or such Mortgagee if such default remains uncured.
5.4 Institution of Legal Action. The prevailing party in any legal action arising from or in
connection with this Agreement, whether by final judgment or out-of-court settlement,
shall be entitled to recover from the other party reasonable attorneys' fees and costs
incurred by such prevailing party. Legal actions shall be instituted in the Superior Court of
the County of San Bernardino, San Bernardino District, State of California. The costs,
salary and expenses of the City Attorney and members of the City Attorney's Office,
and/or those of outside counsel retained by the City, in enforcing this Agreement on behalf
of the City shall be considered as "attorneys' fees" for purposes of this Section 5.4.
6. PROTECTION OF MORTGAGE HOLDERS.
6.1 Protection of Mortgage Holders. Stater Bros. and the City agree that this Agreement shall
not prevent or limit Stater Bros. (or any Owner), in any manner, at Stater Bros. ' (or such
Owner's) sole discretion, from encumbering the Property or any portion thereof or any
improvement thereon (owned by Stater Bros. or any other Owner, as the case may be) by
any mortgage, deed of trust or other security device securing financing with respect to such
Property. The City acknowledges that the lenders providing such financing ("Mortgagees")
may require certain Agreement interpretations. Accordingly, the City agrees, upon the
written request of Stater Bros. (or the applicable Owner), to meet from time to time with
Stater Bros. and representatives of such Mortgagees to negotiate in good faith any such
request for interpretation. The party making such request shall be obligated for the
9
payment or reimbursement to the City of all costs incurred by the City directly related to
this provision to meet and negotiate any such requests for interpretation and, upon request
by the City, shall make a cash-equivalent deposit in an amount of such costs as reasonably
estimated by the City in advance of the City entering into such negotiations. The City will
not unreasonably withhold its consent to any such requested interpretation, provided such
interpretation is consistent with the intent and purposes of this Agreement. Any Mortgagee
of all or any portion of the Property shall be entitled to the following rights and privileges:
6.1.1 Neither entering into this Agreement nor a breach of this Agreement shall defeat,
render invalid, diminish or impair the lien of any mortgage on all or any portion
of the Property.
6.1.2 If the City timely receives a written request from a Mortgagee requesting a copy
of any notice of default that may be given to Stater Bros. under the terms of this
Agreement, the City shall provide a copy of that notice to the Mortgagee within
one day of sending the notice of default to Stater Bros. The Mortgagee shall have
the right, but not the obligation, to cure the default during the remaining cure
period allowed such party under this Agreement.
6.1.3 Any Mortgagee who comes into possession of all or any portion of the Property,
pursuant to foreclosure of the mortgage or deed of trust, or deed in lieu of such
foreclosure, shall take the Property or part thereof subject to the terms of this
Agreement, including the right of the City to terminate this Agreement in the
event that a default under this Agreement by Stater Bros. is not cured during the
cure periods provided in Sections 5.2 and 5.3 above. Notwithstanding any other
provision of this Agreement to the contrary but subject to the immediately
preceding sentence, no Mortgagee shall have an obligation or duty under this
Agreement to perform any of Stater Bros.' obligations hereunder or to guarantee
such performance.
7. GENERAL PROVISIONS.
7.1 Assignment. Nothing in this Agreement affects Stater Bros.' or any other Owner's rights
to own, transfer, conveyor encumber all or any portion of the Property owned by Stater
Bros. or such other Owner. Stater Bros. (or an Assignee) shall have the right to assign,
without the consent of the City, all or part of its rights and obligations under this
Agreement to a Person who is an Assignee. Upon the assignment of this Agreement to a
Stater Bros. Assignee, (a) the assignor (Stater Bros. or an Assignee, as the case may be)
shall be released from this Agreement when (i) written notice of such assignment is given
to the City, and (ii) the Assignee assumes in writing the obligations of Stater Bros. under
this Agreement with a copy thereof delivered to the City, and (b) the term "Stater Bros." as
used in this Agreement shall mean such Assignee. No other Owner shall have any right to
assign this Agreement or any rights thereunder.
7.2 Amendment or Termination of this Agreement. Except as provided in Section 5.3 above
(for termination as a remedy for an uncured default), this Agreement may be amended or
terminated with respect to any parcel within the Property only by written agreement signed
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by the then current Owner of such parcel and the City after approval by the Council,
without the necessity of the joinder of any other Person; provided, however, any
amendment or termination of this Agreement shall not be effective with respect to any
parcel in the Property or with respect to the rights under this Agreement of any Owner
unless the Owner of such parcel or the Owner whose rights are so affected also is a
signatory to such amendment or termination. In order for any such amendment or
termination to be effective, it must be adopted by the City by resolution as set forth in the
California Development Agreement Legislation and must be in form suitable for recording
in the Official Records of San Bernardino County, California. In accordance with City
Code Chapter 19.40, the procedure for an amendment to this Agreement shall be a tiered
amendment review procedure as follows:
(a) proposed amendments that are development related (such as affecting
uses, density, height, coverages or setbacks) must be submitted to the
Planning Commission of the City for recommendation for approval or
non-approval and then forwarded to the Council for determination, at the
Council's discretion, of approval or non-approval, with the Council not
being bound to accept the Planning Commission recommendation; and
(b) all other proposed amendments must be approved by the Council at its
discretion.
7.3 Hold Harmless. Stater Bros. shall (a) defend, indemnify and hold harmless the City and
the City of San Bernardino Economic Development Agency (the "ED A"), their officers,
elected officials, attorneys, departments, boards, commissions, employees and agents
(collectively, the "Indemnified Parties from any claim, action or proceeding against the
Indemnified Parties to attack, set aside, void or annul the decision to enter into this
Agreement or any of the proceedings, acts or determinations taken, done or made prior to
and relating to such decision; and (b) reimburse the Indemnified Parties for any court
costs and attorney's fees which the Indemnified Parties may be required by a court to pay
as a result of such approval. At its sole discretion, the City and/or the EDA may
participate at its own expense in the defense of any such action, but such participation
shall not relieve Stater Bros. of any obligation imposed by this Section 7.3. The City
and/or the EDA shall notify Stater Bros. promptly of any claim or action and cooperate
fully in the defense. Stater Bros., the City and/or the EDA shall jointly select legal
counsel to represent the City and/or the EDA in any such proceeding. The City and/or
the EDA, without Stater Bros.' written consent, shall not settle any claim that is subject to
the indemnity under this Section 7.3. If during the proceeding a settlement demand is
made and Stater Bros. is willing to satisfy the settlement demand and the City and/or the
EDA rejects such settlement demand, Stater Bros.' indemnity obligation in this Section
U shall from that point forward not exceed the amount of the settlement demand.
Notwithstanding any language to the contrary in this Section 7.3 or elsewhere in this
Agreement, Stater Bros. shall have no indemnity obligations to the Indemnified Parties
for claims that arise from or are alleged to arise from (i) the negligence or willful
misconduct of any of the Indemnified Parties, or (ii) any costs or legal expenses that arise
from any suit or action commenced by any of the Indemnified Parties, except if such suit
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or action is commenced to cnforce the rights of the City against Stater Bros. as provided
in Section 5.4 above.
7.4 Binding Effect. Except to the extent otherwise provided in this Agreement, the burdens
of this Agreement bind, and the benefits of this Agreement inure to, the City's and Stater
Bros.' respective successors in interests and assigns, including as provided in Section
3.5.3 above and in Section 7.5 below.
7.5 Relationship of the City and Stater Bros.: Third Party Beneficiaries. The contractual
relationship between the City and Stater Bros. (and any other signatory to this
Agreement) arising out of this Agreement is one of independent contractor and not
agency. Nothing in this Agreement shall be construed as making the City and Stater Bros.
(or any other signatory to this Agreement) joint venturers or partners. There are no third
party beneficiaries and this Agreement does not create any third-party beneficiary rights;
provided, however, (a) the provisions of this Agreement regarding development rights
applicable to the Property shall apply to and be enforceable by any Owner with respect to
the portion of the Property owned by such Owner, and (b) an Owner has the rights set
forth in Section 7.2 of this Agreement regarding amendment and termination of this
Agreement.
7.6 Notices. Any notice to be provided or permitted under this Agreement shall be in
writing, signed by the party giving such notice and sufficiently given if hand delivered,
delivered by an overnight messenger/delivery service or mailed by registered or certified
mail, postage prepaid, return receipt requested, addressed as set forth below. Such
notices, if delivered (i) by hand, shall be deemed given when delivered, (ii) by an
overnight messenger/delivery service, shall be deemed given upon delivery or one
Business Day (hereinafter defined) after the sending of such notice, whichever occurs
earlier, and (iii) by mail, shall be deemed given five Business Days after deposit in the
U.S. mail. Notice that starts the running of any cure period and that is delivered on a
non-Business Day shall be deemed delivered on the next following Business Day ifleft at
the notice address or the next Business Day on which it is redelivered if it is not left at the
notice address.
The names and address of those representatives of each party to which notices shall be
sent are:
If to City, to:
City of San Bernardino
300 North D Street
San Bernardino, CA 92418
Attention: Director of Development Services
and
San Bernardino City Administrator
300 North D Street, Sixth Floor
San Bernardino, CA 92418
12
If to IVDA or SBIAA, to:
Inland Valley Development Agency
294 S. Leland Norton Way
Suite I
San Bernardino, CA 92408
Attn: Executive Director
With a copy to:
Timothy 1. Sabo, Esq.
Lewis, Brisbois, Bisgaard & Smith, LLP
650 East Hospitality Lane
Suite 600
San Bernardino, CA 92408
If to Stater Bros. Markets, to:
Stater Bros. Markets
P.O. Box 150
21700 Barton Road
Colton, CA 92532
Attn: Donald 1. Baker
With a copy to:
Varner, Saleson & Brandt, LLP
P.O. Box 12014
Riverside, CA 92502-2214
Attn: Sean S. Varner, Esq.
Such addresses shall be subject to change from time to time to such other representatives
or addresses as may be specified in written notice given by the intended recipient to the
sender in accordance with this Section 7.6.
7.7 Estoppel Certificates. At the request of either party, the other 'party, within ten calendar
days after receipt of such request, shall certify in writing that, to the best of its
knowledge, (a) this Agreement is in full force and effect and is a binding obligation of the
certifying party, (b) this Agreement has not been amended or modified, except as is
expressly stated in that estoppel certificate, and ( c) no default in the performance of the
requesting party's obligations as provided in this Agreement exists, except as expressly
stated in that estoppel certificate.
7.8 Rules of Construction. The singular includes the plural; the masculine gender includes
the feminine; "shall" is mandatory; "may" is permissive. The word "including" as used
herein shall be deemed to mean "including, but not limited to". A "Business Day" is a
day other than a Saturday, Sunday or City holiday.
13
7.9 Entire Agreement and Waivers. This Agreement constitutes the entire understanding and
agreement of the City and Stater Bros. with respect to the matters set forth in this
Agreement. This Agreement supersedes all negotiations or previous agreements between
the City and Stater Bros. respecting this Agreement. All waivers of the provisions of this
Agreement must be in writing and signed by the appropriate authorities of the City and
Stater Bros.
7.10 Incorporation of Recitals and Exhibits. The recitals set forth in Section 1 of this
Agreement and exhibits referenced in this Agreement are incorporated in and part of this
Agreement.
7.11 Captions. The captions of this Agreement are for convenience and reference only and
shall not define, explain, modify, construe, limit, amplify or aid in the interpretation,
construction or meaning of any of the provisions of this Agreement.
7.12 Consent. Where the consent or approval of the City or Stater Bros. is required in or
necessary under this Agreement, such consent or approval shall not be unreasonably
withheld, delayed, or conditioned.
7.13 Covenant of Cooperation. The City and Stater Bros. shall cooperate, deal with and assist'
each other in good faith in connection with the perfonnance of the provisions of this
Agreement.
7.14 Recording. The City Clerk shall cause a copy of this Agreement to be recorded with the
Office of the County Recorder of San Bernardino County, California, within ten days
following the execution of this Agreement.
7.15 Severability. Every provision of this Agreement is and shall be construed to be a separate
and independent covenant. Without limiting the generality of the foregoing, if any
provision of this Agreement is found to be invalid or unenforceable for any reason, then
the remainder of this Agreement shall not be affected and shall be enforced to the extent
permitted by law and the parties shall negotiate in good faith for such amendments to this
Agreement as may be necessary to achieve its intent, notwithstanding such invalidity or
unenforceability.
7.16 Further Actions. Whenever and as often as it is requested to do so by the other party,
each party shall execute, acknowledge and deliver or cause to be executed, acknowledged
or delivered, any and all such further documents as may be reasonably necessary,
expedient or proper in order to achieve the intent of this Agreement.
7.17 Interpretation and Governing Law. This Agreement and any dispute arising hereunder
shall be governed and interpreted in accordance with the laws of the State of California.
7.18 IVDA and SBIAA No Longer Parties. At such time that IVDA or SBIAA no longer
owns any portion of the Stater Bros. Project Site, IVDA or SBIAA, as the case may be,
no longer shall be a party to this Agreement. At request of either Stater Bros. or the City,
14
IVDA and SBIAA shall provide written confirmation of its non-ownership position in
recordable form reasonably acceptable to IVDA or SBIAA, as the case may be, provided,
however, the furnishing of such written confirmation is not required as a condition to
IVDA or SBIAA no longer being a party to this Agreement, as such automatically occurs
upon such non-ownership as reflected in the Official Recording of San Bernardino
County, California.
[SIGNATURE PAGE FOLLOWS)
15
IN WITNESS WHEREOF, this Agreement has been executed by the City of San
Bernardino, acting by and through its Mayor and Common Council, pursuant to Resolution
No. authorizing such execution, and by Stater Bros.
Dated this
day of
,2005.
CITY
STATER BROS. MARKETS
City of San Bernardino
Stater Bros. Markets,
a California corporation
By:
Name
Title
Judith Valles
Mavor
By:
Name:
Title:
City Clerk
Approved as to Fonn and Legal Content:
1
//.
. (~-)<~ -l-F1,..~___
SBIAA
Inland Valley Development Agency,
a joint exercise of powers agency
San Bernardino International Airport Authority,
a joint powers authority organized under the
laws of the State of Cali fornia
By:
Judith Valles
Co-Chair
By:
President
By:
Dennis Hansberger
Co-Chair
ATTEST:
ATTEST:
By:
By:
Name:
Its: Secretary
Kelly Berry
Clerk of the Board
APPROVED AS TO FORM:
APPROVED AS TO FORM:
By:
SBIAA General Counsel
Agency Counsel
16
Development Agreement No.2
Exhibit A - Property
EXHIBIT "A"
PARCEL 1 and PARCEL 2 of Tentative Parcel Map No. 17235 of the City of San
Bernardino revised as of September 17, 2005.
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Development Agreement No.2
Exhibit B - Stater Bros. DDA Parcel
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PARCEll2
EXHIBJT 'X'
In the City of SZln Bernardino, County of San Bernardlllo, State of California, being those
lIortions of Block 48 ancl 49 of the Rancho Sa n Bernardino, as per Map recorded in Book
7, Page 2, Records of said County, together '1v;th portions of vacated streets and alleys
lying within and i'ldJelcent to said block and lots, described as follows
BEGINNING at the centerline intersections of Harry Sheppard Boulevard and Del Rosa
Drive as shown on Record of Survey, filed in Book 109, Pages 3 and 4, of Record of
Surveys of said County,
thence along the centerline of said Harry Sheppard Boulevard, South 89'00'37" West. a
distance of 14932 feet to the beginning of a tangent curve concave southerly, having a
radius of 1,200 75 feet:
thence westerly along said curve and centerline, through a central angle of 2051'45", an
arc distance at 59.98 feet,
thence continuing along said centerline, South 86008'52" West, a distance of 40.12 feet
to the beginning of a tangent curve, concave no liherlv, having a radius of 1,200,75 feet;
thence westerly along said curve and centerlin,', through a central angle of r51 '45", an.
arc distance of 59 99 feet;
thence continuing along said centerline, South 89000'37" West, a distance of 32,72 feet;
thence at right angles to said center/ine, South 00059'23" East, a distance of 40.00 feet;
thence South 01004'03" East, a distance of 56544 feet;
thence South 89024'21" West, a distance of 342,30 feet;
thence North 00058'48" West, a distance of 56307 feet,
thence North 00059'23" West, a distance at 40.00 feet to the centerline of said Harry
Sheppard Boulevard;
thence along said centerlme, South 89000'37" West, a distance of 1 ,00466 feet to the
beginning of a tangent curve concave southerlv, haVing a radius of 1,030.73 feet;
thence westerly along said curve and centerline, through a central angle of 9026'22", an
ilrc distance of 16981 feet:
thence continUing along said centerline, South 79034' 15" West, a distance of 208.69 feet;
thence leaving said centerline, South 00"59'10" East, a distallce of 54855 feet;
thence NOlth 89000'50" East, a distance of 30500 feet,
thence South 00"59'10" East, a distance of 50650 feet,
thence South 89000'50" West, a distance of 30500 feet,
thence South 00'59'10" East, a distance of 752.02 feet,
thence North 89000'52" Easl, a distance of 30500 feet;
thence Nonh 00"59'10" West, a distance of 71574 feet,
thence Norlh 89"02'13" East, a distance of 35107 feel:
thence South 00' 59'17" East, a distance of 71::i 60 feel;
Ihence North 89000'52" East, a cllslance of 105.96 feet,
Ihenl~e North [)()"56'06" West, a dlslance of 25 99 feet,
thence North f]CJ"OO'52" EelSl, ,J dlsteJrlce of 1,257 97 feel.
thence f\lorth () 1'09'52" Wesl, ,1 distance nf 1 794 ,11 fpot,
Ihl;l)u; t',lorlh f]C)'ilO'j7" E.-lsl,:J lilstimr.e ()f 4H 71 C,"H,
thr:IIU, Nnl'lh () I [!I)':,)" V/0~',1. ,] (I'SI;mf." nf tlCJ 01) If;,,;t t,) th,-, 1I>tr':3I;I:I'1J1l of (;ferlli.,III)(!'; (Jf
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PARCEL 1-2
Sriirl HarrySheppmcf BoulAvArd and sa/(j Del Rosi1 Of/ve dnd Ihe POINT OF BEGINNING
Beaf/ngs and Distances used In the above desCrIption are on the CiJl/fornia Coordinate
System, Zone 5 (NAD-83) Multiply distances shown by 10000flS4 to obtain ground level
dislances
END OF DESCRIPTION
This real property description has been prepa red by me, or under my direction, in
conformance with the Professional Land SUNeyors Act.
Signature
g]Q ki?~
Professional Land Surveyor C--'
~C;/D? .
Date
1.1"''', ". i' .,,',1,.',
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PARCEL K-2 Remainder
LECAL DESCRIPTIDN
In the City of Siln Berl18rdlno. Coullty of San Bernardino, State of California, being a
pOI-lion of Lol 7, Block 48, Rancho San Bernardino, as per Ivlap recorded in Book 7, Page
2, Recolds of said County, together with portions of vacated streels and alleys lying within
il/lC1 adJiJcenl 10 S,1/(/ block und 1015, described as follows
COMMENCING at ill" iron pipe wllh {he City of San Bernardino tag marking Ihe centerline
Illtersection of Tippecanoe Avenue and Mill Street, per Record of Survey filed in Book! 09,
pages 5 and 7, inclusive, of Recore! of Survey of said County.
thence, North 00025'0 1" West, along the cen tedine of said Tippecanoe Avenue a distance
of 1,594 77 feet and Ihe TRUE POINT OF BEGINNING:
thence along Sclld centerline, North 00025'01" West, 214.99 feet; thence at right angles
10 said centerline, Nor{h 89034'59" East, 86.14 feet, to the southwest corner of that
parcel of land conveyed {o {he Smart Start Child Development Center. by Quitclaim
Deed Number 20020165818, Recorded April 4,2002, Records of said County also
known as K-2. thence along south line of said parcel, North 89'00'29" East, 431.00 feet.
thence leaving saId south line. South 00059 '10" East, 21496 feet to the easterly
prolongation of the noriherly tine of {hat parcet of land conveyed to the Norton Credit
Union, by OuitclalfTl Deed Number 19980168698, Recorded May 4,1998, Records of
said County, also known as Parcel K-3; thence along said easterly prolongation of the
northerly lin8 of said parcel South 89000'20" West. 433 14 feet to the easterly right of
WdY line of Tippecanoe Avenue:
thence South 89034'59" West. 8G 14 feet 10 centerline of Tippecanoe Avenue and the
POINT OF BEGINNING
SUBJECT TO casements over Third Street and Del Rosa Drive lor publiC utilities and
right of way as they 110W l:Xlst
BCeJrirlgs illlcJ Distances used ill the above description are on the California Coordinate
System. Zone 5 (NAD-83) Multiply distances shown by 10000584 to obtain ground
level distClnr:es
END OF DESCRIPTION
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EXHIBIT ll, Page 3 of J
(This page depicts the
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page I,)
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PARCEL 1-\-4
LEGAL OFSCRIPTION
In Ihe City of Sail Bl,morc!lno, Counly of SCln Bcrnmcllno, Stale of CaliforniCl, being d
poriions of Lots 5 Clnd 6, Block 'IB, Rancho San Bernardino, ClS per Map recorded in Book
7, Page 2, Records of said County, together with portions of vacated streets and alleys
lying within and adjacent to said block ilnci lots, described ,1S follows
COMI\ilENCING at a 1" iron pipe wilh Ihe City of San Bernardino tag marking Ihe centerline
inlerseclion of Tippecanoe Avenue and Mill Stree!. per Record o( Survey filed in Book 109,
pages 6 and 7, inclusive, of Record o( Survey of said Counly;
thence, NOlih 00'25'0 1" West, along the centerline of said Tippecanoe Avenue a distance
o( 4125 feet, to the westerly prolongation of the northerly righl-o(-way line of said Mill
Stlee! ane! the TRUE POINT OF BEGINNING;
thence continuing along said centerline line, North 00"25'01" West, a distance of 78666
feet,
thence at right angles to said cenlerline, North 89"34'59" Easl, 8614 feet 10 the easterly
fight of way line of Del Rosa Drive;
thence, Norih 89000'20" East, a distance of 44C .76 feel,
thence, South 00059'10" East, a distance of 388.72 feet,
thence, Norih 89000'52" East, a distance of 762.05 feet, 10 the west line of the San
Bernardino International Airport Properiy; thence, Soulh 00056'06" East, a distance of
41152 feel, to the norih right-of-way line of Mill Street; thence along said right-of-way line,
Soulh 89039'04" West, a distance of 1,29646 feet, to the POINT OF BEGINNING.
SUBJECT TO easements over Tippecanoe Avenue for public utitities and right of way as
they now exist
Bei1rings and Distances used In the above description are grid, based on the Califomia
Coordinate System, Zone 5 (NAD-83) Di'/ide distances shown by 099993157 to obtain
gl'ound level dlslGlIlces
--_..._---~--~-~ -----------~.~~--
END OF DESCRIPTION
1 ill; f'"' 1: P:'I' r ' rl-':-,"Jf',I(,I' l:i', i;;'11 ~ U'I\'(H'I: !:'i 11'.'";
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EX Il r 1\ I T ^. I' age I, "I I,
Development Agreement No.2
Exhibit C - IVDA Parcel
Included
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R=1200. 75' > ~
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RECORD
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LEGEND' I
L:""'- INOlCATU'~ I'ItON pft wmt pusk PLUG JJ<<I TAD,LS 511K.
flUSH. PfA F-l.N-ESS onuwlSE NO~.
2. ,..-.- PU>>. fmc LS 7232', Fl,USK.
,. Of' COHSTRUCTlOH PER
T NO. ol.o4t-OZ6IO ~ FIlE
em IIRAQG HO,.I053 csa:
PER IU. lIUSS orlDllSE
Of R/R. ru RiM PER IU:
~ -<>-,: NNCATES SET rJ;lON pft..'LONg,1lTll PlA5Tx: flt..UC,I,1<<I TAC.
lS I1"'Fl~H.tN...[SS o'TJllmSl. ND~
N)lCATtS S:AN IIEJlfrtUUltIO COUfTY ~YOll'S YDNNENT.
Nilc.\1U SAN IIEAtf,tJIaIto CCM.IITY SlIl.VEYOA'S fEU) IlOOl
'""'*"'''''1. :
NJlCATIS Jl:ECOAP AI<<I WEASURIJ) DAT",llS NOTED.
1 ,I
RICtfTS-(lf'-IAYnml$ 5HOIN nIJS ARI: NOT msTHG
AT nE TJ.E Of A[CClRDATlOH OF THIS .W. AND ARE fOR
=-,~...~oe:-~~=:r:::TIE
tUN> VALr a<m"''''''' AQ()lCY. I
R~FERENCES' I :
ALL Rf;FtR9lCES TO RttGRDS Of Sl.JW[YS IR.5J, PARCEL 'YAPS CP.UJU. TRACT UAPS llLBJ.
~~:a=.lo.AJ'rc..AH AEC0ftD5 Of SAN ;"thNO COUNTY,cALFOfINA,I.N.ESS
L r'! NllCATIS f DATA PER R.5.IOOIlI1.e1.
2. +m: tDCATES DAtA I"ER R.$. NO.lOJh-4.
1. : HClftIZONTAl. ATA SHOWN eN T.-s ~ d:B.lSUI OH TIE CAlf'ORNA
i COClADHATE YSTEW, MAO 11. ZONE is flfVa.oHD FRQU M an OF
SAN IlfAN.AII)H) MOAIZOHTAL COHTROt. P91NT5 IUI8ERS 0025 AND
002' tml CAlFORtI4 STATE I"UHE COOf'ONATES. NAO n ZOtE 5 DATA
AS SHOWN or AS IOOm--ll. :
f'0IfT . ~ A r liON PH.. UN BERNARONO COLWTY
I StMVEYO<< TAG AT THE, lHTEMECTIOH OF
DEl ROSA A~).M)' TIWl STRttr.
NDATK . 1861213.12 r
UST . irUSIi.090 I
1"OIHT.0021 A I'IRON PIPE" ctTYiOF SAN IIEJlN,\RlltfO
I stJIVEYOR rAO AT Tl( lHTERSECT~ eN'
I ~WS:l~ AIf ~ SlMfl.
WT . "'5194.55'5:
I
HORaONT At. I GIST.f.HC6 SHOWN eN 'MS ~ All[ CAD DlST ANCtS-
TO OlITAIl ~ D15TAHCES. OIVI)E THE CAlI DISTANCE. SHOWN
BY o......r 'COIIltl.\'OH FACY..,
::>
.Q
........
;-..
SHEET I OF 2 SHEET!>
IN THE
CITY OF lAN BERNARDINO
SURVEY NO.
97 -01,'81
OF
WITHIN A
THE LEASE BOUNDARY OF THE INLAND P~OWSHARES PROJECT. LLC. LYING
PORTIONS OF BLOCK 48. OF THE RANCHO SAN BERNARDINO AS PER PLAT
RECORDED IN BOOK 7. PAGE 2 OF MAPS. RECORDS
OF SAN BERNARDINO COYNTY. U'-IFORNIA.
, HERNANDEZ. KROONE 8< IASSOCIATES. INC.
RI~HARD R. HERNANDEZ. L.? 5786 MARCH 1997
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CJTY rI SAM BEANARDfolO
CtJm\CIl "T. NO. 15 f'0lK)
r C5Y,ON.0.2',PEJl ttl.R2.'
CSF8401TII6T.
STREET ,
'-',
atY (S,W BDlIWtDI<<I CON1lKl. 'T.I<<J.2I
FOl.KllV-4 'p1ftTMarY OF sAN ~
TAo.Dtl.?",'1"fIt RloR2.,l CSf1 <4CIll/M3.
"
DEJTAILi A
H?SCAU
SURVEYOR'S STATEMENT.
1lI5 UJ.P ~EHTS A SmvtY WJ)E IY 101[ OR UJI)(R UY OIF~CTlOH IN ClH'QRI.I..I.HCE
WITH TIL r~S Of THE UKI SlItYEYOft'S ACT AT THE <ttQUEST OF tU.HD '1AL1.EY
OEVD.QPt.IDfT AGEHCY ~ ru.R0l Of "'1.
D.nm.~7
COUNTY SURVEYOR'S STATEMENT.
= ~A~ ~~!CtMO~ Iffil SECnoH 8116 Of M L>>Il SlRVEYOft'S ACT
KIN A.IIL..lER.COlJIT'1 SlItVEYOIIl
cot.tm' or SAM 1ERtWtDINO. cAl...lfORNA
IY' tk ,IS!
oenm
L.S.~lJD5E EXPlRESI ~,.
NOTE.
YJ!{~ Of 1115 Sl.Jt'IEY IS TO IlENlFY THE pAQPOSED InSE BO\J()ARY Of
r~ Pl.""....... ",o.o:cT.LU: D<SCRIIO) ~ """'" '," OF . sLl<ll.WE:
TO pt.oW$kARES ~...J..v.c. sUf -DlHIIT ,,,'1iOfO ';'i1[ l"ftOPOSED
U:GAl.. Dl!:SCflPTlOH AS SHDWH _eN AS FOLlOWS.
PROl'OSED LEGAL DESCRIPTION Of PARCEL I.
,.
INO, STATE Of
SAN BERKARDINO,
SAID C04JNlY.
LYING WITHIN
.."'"
YAPS
lED
OESCll'
E INTERSECTION fI THE ctNTEALl ME! Of TI1>P1CAHClE ,l,YEI<<JE
CiNTERLlfE OF WILL stREET. HOflTIl 89'39'04' EAST,
00-59' 10' lEST. 1111.39 tEETl
erOO'50' EAST, -44.00 FEtT To TH( TP JE pOINT OF' BEGINNING.
'''OO''S' EAST, 65.00 FEU.
00'5"j" 'Il'E5T, 506.50 FlET,
.1'00' 0' WEST, 255.00 FEET,
00'51'10' EAST, 506.50 FEET TO TIlE PllNT OF' BEGINNING.
'-lj
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ON t"l1'_A~J1 " IfilJ
AT 9:~7 A AI INi
800K~PAGe~
OFAt'IofD j)I" SUI1I1~
SAN 8e:IlHAIl.DIHD COUNTY "f.GORDI"
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......... SAN __ CaJm SUl'I['(IlA'S FELO -
""""1"-. I
~:ra, RlCOfIO AJrI) tF$lMD DATA AS NOTED. !
I 'I i
RlIlI-/TS.o(lf'-....VWIITNS Aft[ NOT EXlS1'M1
AT ntE talE OF .. TlI5 UAP. AND W. FOR
H'ClAW,1lON PlIIPOSES SHOW H PROPOSED
ROrTS-(lf-WAY:PEJ\ 1ME PL.J.N ON FU IIllC M
N.''''''r vw.EY '0EVn. Y. :
LEGEND.
L -e--
~--
1 -0-
... CSW
L CSf8
L'"
T. t ]
I
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I 1
RECORD I OFHE STURVeByNARNO. 97 _OO~E~ 20f2SF.iTS
SHOWING! THE LEASE BOUNDARY OF THE INLAND PLOWSHARES PROJECT, LLC, LYING WI fHIN A
I PORTION OF BLOCK 48, OF THE RANCHO SAN BERNARDINO AS PER PLAT
I RECORDED IN BOOK 7, PAGE.2 OF MAPS, RECORDS
I ' OF SAN BERNARD I NO COUNTY, CAL I FORN I A,
I i HERNANDEZ, KROONE a. ~SSOCIATES, INC.
I R I C:HARD R. HERNANDEZ, L. S; 5786 MARCH, 1997
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Development Agreement No.2
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LINE TABLE
LINE DIRECT/ON
LI N58 34'37"W
L2 N66 '/5'21"W
L3 N81' 29'50"W
L4 NOO'25'00"W
DIS T ANCE
46.98'
94.25'
100.95'
41.25'
P.O.B.
N89' 00'52"[
1257.97'
PARCEL 5
---
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(V ACA TED)
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PAfWEL "A"
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SAN 8Ef~NJ-\fW J No
NL8.7/2
NOTE:
BEARINGS AND DIS TANCES USED ARE ON THE
CALIFORNIA COORDINATE SYSTEM OF 19B3. ZONE 5.
MUL TIPL Y DIS T ANCES SHOWN BY 1.00006B44 TO
OBT AIN GROUND LEVEL DISTANCES.
--
.00 1'\01111 Havu. A"Guc. Sui:E JOO
Oowio CdiIonUa 91164
PhollC::IIO'.4'U73D
"B"
IVDA/SBIAA
LAND TRANSFER
PARCEL 5
IN THE CITY OF SAN BERNARDINO
COUNTY OF SAN BERNARD~O
S TATE OF C AL IFORNIA
TLKA
~
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DAVID EVANS
AND ASSOCIATES INe
EXHIBIT
0' ,
OVI2I04
S Al .
1",400'
SBlAA PARCELS
EXHIBIT "A"
Legal Description
IVDA/SBIAA Land Transfer
Parcel 5
Those portions of Parcels "A", "AI", and "A5" as shown Record of Survey No. 97-0077 in the
City of San Bernardino, County of San Bernardino, State of California filed in Book 113, pages
15 through 22 of Records of Survey in the office of the County Recorder of said county together
with a portion of Block 48 of the Rancho San Bernardino per map recorded in Book 7, Page 2 of
Maps in the office of said County Recorder, described as follows:
BEGINNING at the easterly terminus of that certain course shown has having a bearing of North
89000'52" East, 1257.97 feet in the north line of that certain parcel shown as Area "B-4" on
Record of Survey No. 97-0077 filed in Book 113, pages IS through 22 of Records of Survey in
the office of the County Recorder of said county;
thence along the east line of said Area "B-4", South 0 I 009' 52" East, 237.43 feet to a line that is
parallel with and 798.00 feet northwesterly of the centerline of the existing runway as shown on
Parcel "A" on said Record of Survey;
thence along said parallel line, South 69059'55" West, 1444.93 feet to a point on a curve in the
northeasterly line of Parcel "A5" shown as being concave southwesterly, having a radius of
800.00 feet, a central angle 007006' 42", and an arc length of 518.18 feet on said Record of
Survey, a radial line to said point bears North 41024' I 0" East;
thence along the boundary line of said Parcel "AS" the following courses:
(1) Northwesterly 139.34 feet along said curve through a central angle of 09058'47";
(2) thence North 58034'37" West, 46.98 feet;
(3) thence North 66015'21" West, 94.25 feet;
(4) thence North 81029'50" West, 100.95 feet;
(5) thence South 00035'31" East, 282.04 feet to said parallel line;
thence along said parallel line, South 69059'55" West, 908. I3 feet to the centerline of
Tippecanoe Avenue as shown on said Record of Survey;
thence along said centerline, North 00027'11" West, 656.05 feet to the centerline of Mill Street
(vacated) as shown on said Record of Survey;
thence contiriuing along the centerline of said Tippecanoe Avenue, North 00025'00" West, 41.25
feet to a line that is parallel with and 41.25 feet north of the centerline of said Mill Street;
thence along said parallel line, North 89039'04" East, 1296.46 feet to west line of said Area
"B-4 ";
D"'.........l,..t'.,
thence along said west line, North 00056'06" West, 437.52 feet to the northwest comer of said
Area "B-4";
thence along the north line of said Area "B-4", North 89000'52" East, 1257.97 feet to the POINT
OF BEGINNING.
The above-described parcel ofland contains approximately 25.74 acres
The bearings and distances used in the above description are on the California Coordinate
System of 1983, Zone 5. Multiply distances shown by 1.00006844 to obtain ground level
distances.
This real property description has been prepared by me, or under my direction, in conformance
with the Professional Land Surveyors Act.
DA VID EVANS AND ASSOCIATES, INe.
4 rr,
Date
Expires: 09-30-04
D"3Ifta" ^-~..,
L~~A~R:__SHE_~A~D __,
BLVD I
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O'l
W ~ LINE TABLE
> LINE DIRECTION DIS T ANCE
a::: ...J LI N88 50'08"E 80.00'
w
Cl u L2 N43.55'23"E 42.02'
<t 0::: ~ l3 N89.00'37"E 178.63'
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V 52.69'
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~ 1------------
~ PARCEL "JWL"
li'l
O'l R. S . J J 3/ J 5- 22
AREA "B-3"
PARCEL "J-2"
PER
O~R. 2003-0324932 ~
v
l.O
t:
NOTE:
BEARINGS AND DISTANCES USED ARE ON THE
CALIFORNIA COORDINATE SYSTEM OF 1983, ZONE 5.
MUL TIPL Y DIS T ANCES SHOWN BY 1.00006844 TO
OBT AIN GROUND LEVEL DISTANCES.
.
5
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BLOCK L}8
~ PAUL
VILLASENOR BL.
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Vl
SBIAA BOUNDARY
PER R.S.B. M.B.
113/15-22
.....
.....
.....
.....
.....
"B"
IVDA/SBIAA
LAND TRANSFER
PARCEL 6
_DAVID IEVANS
a CI ANDA880CIATlE81NO
. D IOO~_~I~300
.....: 'OU'I.'''.
EXHIBIT
IN THE CITY OF SAN BERNARDINO
COUNTY OF SAN BERNARDINO
S TATE OF CALIFORNIA
r'.300'
EXHIBIT" A"
Legal Description
IVDAlSBIAA Land Transfer
Parcel 6
That portion of Block 48 of the Rancho San Bernardino in the City of San Bernardino, County of
San Bernardino, State of California per map recorded in Book 7, Page 2 of Maps in the office of
the County Recorder of said county, described as follows:
BEGINNING at the northerly terminus of that certain course shown has having a bearing of
North OJ 009'52" West and a length of 1764.40 feet in the westerly line of that certain parcel
identified as Area "B-3" on Record of Survey No. 97-0077 filed in Book 113, pages 15 through
22 of Records of Survey in the office of the County Recorder of said county;
thence along the boundary of said Area "B-3" the following courses:
(1) North 88050'08" East, 80.00 feet;
(2) thence North 43055'23" East, 42.02 feet;
thence continuing along said boundary and its easterly prolongation, North 89000'37" East,
178.63 feet;
thence South 00056'41" East, 996.05 feet to a line that is parallel with and 70.00 feet northerly of
that certain course shown has having a bearing of North 89003' 19" East, and a length of 902.72
feet in the boundary line of Parcel "IWL" on said Record of Survey No. 97-0077;
thence along said parallel line, South 89003' 19" West, 52.69 feet to the northerly prolongation of
that certain course shown as having a bearing of North 00056'41" West, and a length of 473.56
feet in the boundary line of Parcel "IWL" on said Record of Survey No. 97-0077;
thence along said last mentioned certain course and its southerly prolongation, South 00056'41"
East, 957.27 feet to a line that is parallel with and 798.00 feet northwesterly of the centerline of
the existing runway as shown on Parcel "A" on said Record of Survey 97-0077;
thence along said parallel line, South 69059'55" West, 241.12 feet to the southerly prolongation
of said westerly line of Area "B-3";
thence along said westerly line and its southerly prolongation, North 01009'52" West, 2001.83
feet to the POINT OF BEGINNING.
The above-described parcel ofland contains approximately 11.75 acres
Paj,le I of2
The bearings and distances used in the above description are on the California Coordinate
System of 1983, Zone 5. Multiply distances shown by 1.00006844 to obtain ground level
distances.
This real property description has been prepared by me, or under my direction, in conformance
with the Professional Land Surveyors Act.
DAVID EVANS AND ASSOCIATES, INC.
Page 2 of2
~ HARRY SHEPPARD BLVD
______._________--.--J ') L3
o
~
v
Ul
r-
PARCEL N J -2"
PER
O.R. 2003-0324932
~
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en
o
.
6
z
~ PAUL
VILLASENOR BL.
SBIAA BOUNDARY
PER R.S.B. M.B.
113/15-22
"DAVID I!VAN8
a ell AJlDA880CIATE8 'NO
. D ..."t::...~~1~1OO
Phofte:'09.4II.S7S0
AREA "8-3"
R. S. I J 3/ J 5- 22
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NB9.03'19"E 30.00'
SOO.58'49"E 260.92'
.
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z PARCEL 9
SB9.03'19"W 649.78'
o
;==-=-- - ~- NS-9"03'"jg.'W - 902. 72'- - - - =7
I
I LINE TABLE
: PARCEL LINE DIRECTION
"I WLN
I LI N8B 50'08"E
: L2 N43. 55'23"E
I L3 N89.00'37"E
: L4 SOO.56'41"E
I L5 Na9 03'19"E
I
I BLOCI< 48 L6 500 56'41"E
I
RANcHO sAN 8ERNARDINO
I JVJ \..\~t
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I S ,,~\c.
: ...\c, ~t
I , \\\.. \l\\'
I ~v
I
DIST ANCE
80.00'
42.02'
178.63'
261.50'
8.36'
200.00'
NOTE:
BEARINGS AND DISTANCES USED ARE ON THE
CALIFORNIA COORDINATE SYSTEM OF 1983. ZONE 5.
MUL TIPL Y DISTANCES SHOWN BY 1.00006844 TO
OB T AIN GROUND LEVEL DISTANCES.
EXHIBIT
IVDA/SBIAA
LAND TRANSFER
PARCEL 9
"S"
IN THE CITY OF SAN BERNARDINO
COUNTY OF SAN BERNARDINO
S TATE OF CALIFORNIA
r'.300'
EXIllBIT "A"
Legal Description
IVDAlSBIAA Land Transfer
Parcel 9
That portion of Block 48 of the Rancho San Bernardino in the City of San Bernardino, County of
San Bernardino, State of California per map recorded in Book 7, Page 2 of Maps in the office of
the County Recorder of said county, described as follows:
COMMENCING at the northerly terminus of that certain course shown has having a bearing of
North 01009'52" West and a length of 1764.40 feet in the westerly line of that certain parcel
identified as Area "B-3" on Record of Survey No. 97-0077 filed in Book 113, pages 15 through
22 of Records of Survey in the office of the County Recorder of said county;
thence along the boundary of said Area "B-3" the following courses:
(I) North 88050'08" East, 80.00 feet;
(2) thence North 43055'23" East, 42.02 feet;
thence continuing along said boundary and its easterly prolongation, North 89000'37" East,
178.63 feet;
thence course "A", South 00056'41" East, 261.50 feet to the TRUE POINT OF BEGINNING;
thence North 89003' 19" East, 258.36 feet;
thence South 00058'49" East, 273.63 feet;
thence North 89003' 19" East, 30.00 feet;
thence South 00058'49" East, 260.92 feet;
thence North 89003'19" East, 361.09 feet;
thence South 00056' 41" East, 200.00 feet to a line that is parallel with and 70.00 feet northerly of
that certain course shown has having a bearing of North 89003' 19" East, and a length of 902.72
feet in the boundary line of Parcel "IWL" on said Record of Survey No. 97-0077;
thence along said parallel line, South 89003' 19" West, 649.78 feet to the southerly prolongation
of said course "A";
thence northerly along said course "A" and its southerly prolongation, North 00056'41" West,
734.55 feet to the TRUE POINT OF BEGINNING;
Page I of2
The above-described parcel ofland contains approximately 6.34 acres
The bearings and distances used in the above description are on the California Coordinate
System of 1983, Zone 5. Multiply distances shown by 1.00006844 to obtain ground level
distances.
This real property description has been prepared by me, or under my direction, in conformance
with the Professional Land Surveyors Act.
DAVID EVANS AND ASSOCIA TES, INC.
Page 2 of2
Development Agreement No.2
Exhibit E - 58 Acquired Parcels
~
Included rcucd?
5 B> A~ui red Pofc.e-l5
--. ____n.__ ____~__~________
(A}- 02'51'45' l :;9,98
R=1200,7S', ..,J
0=--- 40, /2' 186' 08' 52' J
CD- OZ' 51' 45' L "59,99'
R= /ZOO, 75' S yJ
@--3Z, 7Z' 1(89'00'37,1
CD-- 09'26'22' l=169,81'
R=1030.7}'
EXHIBIT II, Page I ,,[ J
Cl1ds page depicts the description
in EXHI HIT ^, PaRes 1-2)
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ABOVE PL II r AR[ ou filE" CAL I FOON I A.
COCiH1INATf SYSTEu. lONE 5 (~jAD-E1)1
LlJLT1PLY DISTANCE 51!O'HN 0)' 1.0000t84
TO OBTAIN r.nOUtm U:V[l DISfAI-jCES.
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70, % AC
Hernandez, Kroone & AHHoc!atcR,
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CHESTER MARCELL PROPERTY - 205 SOUTH FRANK BLAND DRIVE
APN: 0136-341-28-0-000
THAT PORTION OF BLOCK 48 OF RANCHO SAN BERNARDINO AS PER MAP RECORDED
IN BOOK 7 OF MAPS, PAGE 2, RECORDS OF SAID COUNTY, IN THE CITY OF SAN
BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, DESCRIBED AS
FOLLOWS;
COMMENCING AT THE INTERSECTION OF THE CENTERLlNES OF OTTO GERICKE DRIVE
AND HARRY SHEPPARD BOULEVARD, AS SHOWN ON RECORD OF SURVEY RECORDED
IN BOOK 109, PAGES 3 AND 4, OF RECORDS OF SURVEY IN SAID OFFICE OF COUNTY
RECORDER;
THENCE NORTH 890 00' 37" EAST ALONG SAID CENTERLINE OF HARRY SHEPPARD
BOULEVARD, 368.06 FEET;
THENCE SOUTH 000 59' 23" EAST, 40.00 FEET TO THE SOUTHERLY RIGHT-OF-WAY OF
HARRY SHEPPARD BOULEVARD, SAID POINT BEING THE TRUE POINT OF BEGINNING;
THENCE SOUTH 000 58' 49" EAST, 563.07 FEET;
THENCE NORTH 890 24' 21" EAST, 342.30 FEET;
THENCE NORTH 010 04' 03" WEST, 565.44 FEET, TO THE SOUTHERLY RIGHT-OF-WAY OF
HARRY SHEPPARD BOULEVARD;
THENCE SOUTH 890 00' 37" WEST, ALONG SAID RIGHT-OF-WAY, 341.44 FEET, TO THE
POINT OF BEGINNING.
SAID LAND IS DESCRIBED PURSUANT TO CERTIFICATE OF COMPLIANCE FOR LOT LINE
ADJUSTMENT NO. 2001-005, RECORDED JUNE 7, 2001 AS INSTRUMENT NO. 01-220978
OFFICIAL RECORDS.
APN: 0136-341-28-0-000
RAEDEKER - 354 SOUTH OTTO GERICKE DRIVE
APN: 0136-341-26-0-000
THE LAND SHOWN ON CERTIFICATE OF COMPLIANCE/LOT LINE ADJUSTMENT NO. 2001-
004 RECORDED JUNE 7, 2001 AS INSTRUMENT NO. 20010220977 OF OFFICIAL RECORDS,
BEING MORE PARTICULAR DESCRIBED IN THE DOCUMENT AS FOLLOWS:
IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF
CALIFORNIA, BEING A PORTION OF BLOCK 48 OF THE RANCHO SAN BERNARDINO, AS
PER MAP RECORDED IN BOOK 7 OF MAPS, AT PAGE 2, RECORDS OF SAID COUNTY,
TOGETHER WITH PORTIONS OF VACATED STREETS AND ALLEYS LYING WITHIN AND
ADJACENT TO SAID BLOCKS, DESCRIBED AS FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE CENTERLlNES OF TIPPECANOE AVENUE
AND MILL STREET;
THENCE, NORTH 89'39'04" EAST, ALONG SAID CENTERLINE OF MILL STREET, 541.14
FEET, TO THE CENTERLINE OF MEMORIAL DRIVE;
THENCE, NORTH 00059'10" WEST, ALONG SAID CENTERLINE OF MEMORIAL DRIVE,
426.36 FEET, TO THE CENTERLINE OF PAUL VILLASENOR BOULEVARD (PROPOSED
STREET);
THENCE, NORTH 89000'52" EAST, ALONG SAID CENTERLINE OF PAUL VILLASENOR
BOULEVARD (PROPOSED STREET), 299.00 FEET;
THENCE, AT RIGHT ANGLES TO SAID CENTERLINE, NORTH 00059'08" WEST, 44.00 FEET
TO THE TRUE POINT OF BEGINNING;
THENCE, NORTH 00059'10" WEST, 689.75 FEET;
THENCE, NORTH 89002'13" EAST, 351.07 FEET;
THENCE, SOUTH 00059'17" EAST, 689.61 FEET, TO THE NORTHERLY LINE OF PAUL
VILLASENOR BOULEVARD (PROPOSED STREET);
THENCE, SOUTH 89000'52" WEST, ALONG SAID NORTHERLY LINE, 351.09 FEET, TO THE
POINT OF BEGINNING.
SMART START - 245 SOUTH TIPPECANOE
APN: 0136-341-33-0-000
IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF
CALIFORNIA, BEING A PORTION OF BLOCK 48, RANCHO SAN BERNARDINO,
AS PER MAP RECORDED IN BOOK 7, PAGE 2, RECORDS OF SAID COUNTY.
TOGETHER WITH PORTIONS OF VACATED STREETS AND ALLEYS LYING WITHIN
AND ADJACENT TO SAID BLOCK DESCRIBED AS FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE CENTERLINES OF TIPPECANOE
AVENUE AND MILL STREET, AS PER RECORD OF SURVEY, RECORDED IN BOOK
100, PAGES 76 THROUGH 81, RECORDS OF SAID COUNTY; THENCE ALONG
SAID TIPPECANOE AVENUE CENTERLINE, NORTH 00025'01" WEST, 1,808.90
FEET; THENCE PERPENDICULAR TO SAID CENTERLINE, NORTH 89034'59" EAST,
86.14 FEET TO A LINE PARALLEL TO AND 80.00 FEET EASTERLY OF SAID
CENTERLINE, SAID LINE BEING THE PROPOSED EASTERLY RIGHT-OF-WAY
LINE OF SAID TIPPECANOE A VENUE, AND THE TRUE POINT OF BEGINNING;
THENCE ALONG SAID PROPOSED EASTERLY RIGHT-OF-WAY LINE, NORTH
00025'01" WEST, 304.06 FEET; THENCE LEAVING SAID PROPOSED RIGHT-OF-
WAY LINE, NORTH 39003'37" EAST, 3 I .60 FEET, TO A LINE PARALLEL AND 40.00
FEET SOUTHERLY OF THE CENTERLINE OF HARRY SHEPPARD BOULEVARD
AS PER RECORD OF SURVEY 97-0081, RECORDED IN BOOK 109, PAGE 6 AND 7,
RECORDS OF SAID COUNTY, SAID LINE BEING THE PROPOSED SOUTHERLY
RIGHT-OF-WAY LINE Of SAID HARRY SHEPPARD BOULEVARD; THENCE
ALONG SAID PROPOSED SOUTHERLY RIGHT-OF-WAY LINE, NORTH 79034'15"
EAST, 348.23 FEET; THENCE LEAVING SAID PROPOSED RIGHT-OF-WAY LINE,
SOUTH 50042'27" EAST, 34.26 FEET;
THENCE SOUTH 00059'10" EAST, 363.18 FEET;
THENCE SOUTH 89000'29" WEST, 393.00 fEET TO SAID PROPOSED EASTERLY
RIGHT-Of-WAY LINE OF TIPPECANOE AVENUE AND THE POINT Of
BEGINNING.
BEARINGS AND DISTANCES USED IN THE ABOVE DESCRIPTION ARE GRID,
BASED ON THE CALIFORNIA COORDINATE SYSTEM, ZONE 5 (NAD-83). DIVIDE
DISTANCES SHOWN BY 0.99993 I 57 TO OBTAIN GROUND LEVEL DISTANCES.
Development Agreement No.2
Exhibit F - Vested Provisions
EXHIBIT F
VESTED PROVISIONS
The following portions and provisions of the Specific Plan are the Vested Provisions:
(a) Chapter IV, Paragraph D, entitled "Land Use", on pages IV-4 through IV-6
(including Land Use Districts Map, Exhibit IV-2, at page IV-5 and Land Use
Summary Table IV -I at page IV -6).
(b) Chapter V, Paragraph F, entitled "Land Use Districts", on page V-9 and pages
V-II through V-25 (including the Suggested and Permitted Use Table V-2 at page
V-22 and the Trade Park District Table V-3 at page 24-25).
(c) Chapter V, Subparagraph G.I, entitled "General Standards", on pages V-26 and
V-27 (including the Development Standards Table V-4 at page V-27).
(d) City Resolution No. 2004-324, approved by the City on October 7, 2004.
Copies of the above-referenced vested provisions of the Specific Plan are attached as part of this
Exhibit F, which vested provisions are current as of the date of the last amendment to the
Specific Plan dated October 17,2005.
Development Agreement between City and Developer No.2 CISS vI2.DOC
Exhibit E
I
EXHIBIT F, Item (a)
I
LAND USE
Chapter IV, Paragraph D
PAGES:
IV -4 through IV-6
EXHIBITS:
Land Use Districts Map Exhibit IV-2 found on page IV-5
TABLES:
Land Use Summary Table IV-l found on page IV-6
C.6 A 4.9-acre parcel between Tippecanoe Avenue and Memorial Drive w&as heeR transferred
to the U.S. Forest Service (USFS). However, federal legislation is e!:lrrentlv eendinghas
been enacted by Congress to orovide for the transfer of this site baelE-to the IVDA
&REkol!:Cther with the USPS moving to another location outside the Soecific Plan boundaries
for t-he purpose sf iavel'/ing tAe USFS, the Califerflia DepaFtffieRt af Fsrestry anElFire
Prateatiaa, the Ge...emer's Offies sfElBsrgefle)' Ser\'iees and ailier ageaeies iR ajaiat !:Ise
pragram referred ta as FlRESCOPB. TRis !:ISS is eBRsisteRt '::ith the Ofiiee E1esigaatien
shewR en tksSllseif.ie Plan.
e.7 A IS.64i'12wacre parcel along Perimeter Road j&as currently in the process of beleng
transferred to the San Manuel Indian Tribe as Public Benefit land and an additional parcel
ofaol,)roximatelY 30 acres was transferred from the Air Force to the IVDA and then to the
San Manuel Indian Tribe as Dart of the HOC. Another 2.26-acre Darcel north of Harty
She.ppard Boulevard and west of Del Rosa Drive is also pendinll transfer to the San Manuel
Indian Tribe.
The use of these parcels shall be restricted to the types of uses described above and as stipulated in
the Department of Defense (DOD) Record of Decision (ROD). Use of any existing structures shall
be consistent with the General Standards specified in Chapter V, Section 19.30.030 of this Specific
Plan. Copies of the Records of Decision are provided in Appendix A. A detailed survey of the
boundaries of these parcels has been prepared and is on file with the IVDA and the City of San
Bernardino Planning Department.
D. LAND USE
The land use element of the Specific Plan is intended to build upon the land use patterns previously
established and facilitate the orderly transition of the site to non-military use, accommodating new
construction when appropriate and utilizing existing building types and related uses as long as
possible in a compatible manner.
I The overall project site has been identified with fi.ye....~distinct land use districts... including
. research and development, trade park, memes, industrial, and rSRalie" Biles. 3I'aee. Each land
use district responds to a unique set of needs, opportunities and constraints offered by the existing
setting and conditions.
The land use districts represent broad policy groupings of common land uses combined with several
unique aspects that require a focus at a more detailed scale. Thus; the discussion of each district
includes a block by block set of land use planning guidelines that will serve as the basis for the land
use controls and opportunities.
..
These land use districts are illustrated in Exhibit IV -2 and summarized in Land Use Table IV-I. As
shown, the$pecific Plan.proposes an ultimate buildout of~ 1~8-l- million square feet
of building floor area. !Ibis represents an increase of approximately ~ million square feet over
the previous e1tisting building floor area in this section of the Base. The land use districts are further
defined in Chapter V.
IV-4
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TABLE IV-I
SAN BERNARDINO INTERNATIONAL TRADE CENTER SPECIFIC PLAN
LAND USE SUMMARY
District
District Name Number FAR Acreage Bldg. S.F.
Research &. Development 1 0.51 109.6 2,225,916
Trade Park 3 0.5 152.8 3,327,984
Q!ftee 4 M -l9.+ llS,998
Industrial Sa 0.5 lli..2&U . 3.373.2861,861,368
5b 0.25 ~ 1.262.0421,!17,169
5c 0.5 12.6 274,428
Sd 0.5 ~ 1,-Hl8~
5~ 0.5 29.2 635,976
Subtotal: 1W~ 6.626.020 f,191,8li7
Ree-aBR OileR SJlllee It 9 ~ 9
TOTAL 6M~2 12.179.92011,199,7
#
1 The FAR of 0.5 does not apply to the 7.4 acre parcel deeded to the City for recreation purposes.
2 Excludes arterial streets.
E. CIRCULATION
When Norton Air Force Base was operational, public vehicular access through the facility was
. restricted for security purposes. Major thoroughfares leading up to the facility, such as Tippecanoe
Avenue, Del Rosa Drive and Mill Street were precluded from providing a greater role in facilitating
area-wide and regional circulation.
After military security was no longer required, these roadways were opened up, and now form the
foundation for the future circulation network. This system will compliment the proposed land uses
and link the site to the surrounding roadway network. The IVDA has completed construction of
major improvements to the following roads:.Tippecanoe Avenue between Mill Street and Third
~tHa~. Sheppard B0alevard; Harry Sheppard Boulevard between Tippecanoe Avenue and
Leland Norton Way; Mill Street from Lena Road to Tiopecanoe Avenue. Third Street from
Tiooecanoe Avenue to Del Rosa Drive. and Del Rosa Drive between Third Street and Harry
Sheppard Boulevard., These streets will serve as the primary backbone circulation system for the
Specific Plan area, while simultaneously linking the site to the existing external circulation network.
Additionally, recommendations have been included in the plan for upgrading the regional
circulation network to meet projected needs. It is aatieipateEl dlat Mill Street impF0velftl!Bts iFem
IV-6
I
EXHIBIT F, Item (b)
LAND USE DISTRICTS
Chapter V, Paragraph F
PAGES:
Page V-9
Pages V-ll through V-25
TABLES:
Suggested and Permitted Use Table V-2 found on page V-22
Trade Park District Table V-3 found on page 24-25
I
New traffic signals have been installed at the intersections of Tippecanoe Avenue and Harry
Sheppard Boulevard, Del Rosa Drive and Harry Sheppard Boulevard, Tippecanoe and Palm
Meadows Drive and Lena Road and Mill Street, again as part of the scheduled road improvements
being installed with the first phase infrastructure improvements.
A traffic signal is also planned at Third Street and Leland Norton Way as part of the access
improvements planned by the San Bernardino International Airport. Lastly, a new traffic signal will
be required at the intersection of Third Street and Central Avenue (in the City of Highland) at such
time as new development activity provides sufficient additional traffic to warrant that improvement.
F. LAND USE DISTRICTS
F.I The purpose of each Land Use District is defined as follows:
F.l.l District I - Research and Develooment lR&Dl
Located between Harry Sheppard Boulevard on the south, Third Street on the north,
Tippecanoe Avenue on the west, and Del Rosa Drive on the east (see Exhibit V -4), Research
and Development (District 1) is intended to accommodate a wide variety of research and
development related uses including manufacnrring, light industrial, neighborhood
commercial, laboratories, office professional use, vocational training and educational
facilities, institutional, and recreational open space. The intent is to combine these land uses
and implement them under a "campus" concept, which ties these uses together with broad
landscaped and well lighted pedestrian walkways.
The extent to which raw materials will be manufactured will be limited to that necessary to
adequately test and analyze new products. The scale and intensity ofthesc uses may allow
for the interim use of existing building stock. Research and development facilities may
include the manufacturing, assembly and testing of products which are characterized as clean
and generate non-hazardous byproducts.
Neighborhood commercial uses may include a food court, retail stores, neighborhood
services, and restaurants.
Desired office uses would include a brolldrange of supporting uses in a well landscaped
setting. Potential uses include medical offices and clinics, corporate offices, goverpmental
and institutional uses, administrative and professional offices, daycare facilities, fmancial
services and supporting commercial.
. Site design should consider existing uses within the research and development district (see
ExhiPit V-4). These existing uses include the Lorna Linda University Medical Clinic on
Third Street& west sf Otte Geriel(e DrF/e which serves a medical clinic to the local area
population. Additionally, the San Bernardino Community College District facility located
on the west side of Del Rosa Drive north of Harry Sheppard Boulevard should encourage the
establishment of business incubator uses that would benefit from the existing educational
V-9
cc
Exhibit V -4
Research & Development (R&D)
Land Use District 1
,
@ @
1
NO SCALE
LOCATION: THE RESEARCH AND DEVELOPMENT DISTRICT
IS BOUNDED ON THE WEST BY TIPPECANOE AVENUE, ON
THE NORTH BY THIRD STREET, ON THE EAST BY DEL ROSA
DRIVE AND ON THE SOUTH BY HARRY SHEPPARD BOULEVARD.
facilities. The existing City of San Bernardino Recreation Park facilities located at the
northwest comer ofRjalto Avenue and Del Rosa Drive should encourage a commercial health
club or similar facility.
The vocational and educational uses may range from a potential special attendance high
school for technical and research training to Community College District facilities for post-
high school education and training. AJI of these facilities will be oriented to research and
development activities associated with technical park facilities and activities.
As a matter of policy, the specific plan does not propose the retention of residential housing
units. The existing officers housing along Tippecanoe Avenue will need to be removed prior
to development in this area.
Parkway landscaping along Tippecanoe Avenue shall be designed to enhance the sites
attractiveness and lessen the visual impact of adjacent parking areas. Condition should be
given to locating building mass to buffer potential airport noise from the site users.
Access points will be determined as part of the City's development review process and should
consider existing traffic patterns outside the specific plan area, coordination with office and
industrial uses to the south and tourist commercial and airport uses to the east.
F.l.2 District 2 - Tourist Commercial (TC)
Generally located at the southeast comer of Third Street and Del Rose Avenue (see Exhibit
V-5), Tourist Commercial District 2 is intended to include tourist commercial uses to
capitalize upon the site's proximity to the Airport. The type of uses desired for the site
include high quality restaurants, hotel, visitor serving and specialty retail, offices, airport-
related commeroial/office support facilities, meeting and conference facilities.
Site design considerations include allowing primary access from Del Rosa Drive at a location
consistent with access to the Research and Development District 1 to the west.
The massing ofbuildings should occur along the southerly and easterly property lines to allow
for the creation of an internal site focus and visual orientation away from the airport. This
will also be beneficial by using the building mass to buffer potential airport noise from site
users. The combined attributes ofthe Tourist Commercial District 2 location and allowed
uses provide the opportunity to establish individual/freestanding uses such as restaurants at
the northwest and northeast comers of the site. Parking areas will be located within the
center of the site and be screened from adjacent streets with parkway landscaping.
F.1.3': District 3'~ Trade Park (TP)
Generally located between Lena Road on the west, a drainage channel. known as Timber
Creek on the north, Tippecanoe Avenue on the east, and Mill Street on the south (see Exhibit
V -6), this unique district is intended to provide the image of a self-contained "World Trade
V-12
Exhibit V-5
Tourist Commercial (TC)
Land Use District' 2
LOCATION: THE TOURIST COMMERCIAL DISTRICT 2 IS BOUNDED
ON THE WEST BY DEL ROSA DRIVE. ON THE NORTH BY
THIRD STREET AND ON THE EAST BY LELAND NORTON WAY.
.;-,
Exhibit V-6
Trade Park . (TP)
Land Use District 3
LOCATION: THE TRADE PARK DISTRICT 3 IS GENERALLY
BOUNDED BY LENA ROAD ON THE WEST, TIMBER CREEK
DRAINAGE CHANNEL ON THE NORTH, TIPPECANOE AVENUE
ON THE EAST, AND MILL STREET ON THE SOUTH.
F.l.4 Dlstriet 4 Omes (0)
Leaated between TipJ!leaanee :\VBnl:le eft the ':;est, Haff'}' SheJ!lJ!laM Bealevara ea the aerth,
MeRleri81 Drive eft tlte east, liftS Mill Swat eft tlte saa~ (see Eldtiek V 7), Omee Distriet 1
is proposed to aeeommodate a eroad Fange af omee aRa sl:Ippertiag eommeraiall:lses iR a
';yell laR6seaped setting. Desiree HseS iRGhll:le meeieal emaes aRS eHales. aeFperate amaes.
&ElRliaiswH'Ie aRS prefessisnal amaas. eay safe faeilities. HR8neial serviees aRlt Sl:IppeFtiftg
sammereia!. Site design issaes iaahule IHRitiag vehiel:llar aeeess fa Tippeeanae .~.'/eal:le at
a tetal eUntr eaky Elrhes. Right tums ealy in aRd em efthe 9Fe8 aleag Tiflflee8:Ree h/eRHe
are aeeessary tEl ffiaintaiR aEleElHate vehieHlar ffie'lemeRt. Vehieular assess paiats alaRg
Maffia"al Drjl.'a '.vill alse he eeerEliRatea with Dismst S. The massiag ef haildiRgs 'J/iII
eaeyr primarily aJeRg TippeeaRee f.?'/esye with the parldRg areas &Eljaeeat 10 Memerial
ImYe:
F.l.5 District 5 - IndustriallINDl
Located in three-fiR.distinct subareas (see Exhibit V-8). Industrial District 5 is intended to
accommodate a variety of industrial uses ofvarying scale and intensity. taking advantage in
two of these locations of the previous land use and building occupancy patterns established
during operation of the Base including the availability of large buildings. aviation related
activities. and compatibility with adjacent uses. It is expected that initial site tenants will
utilize existing buildings to the extent feasible. In all cases, any manufacturing. assembly
or similar activities must occur within an enclosed building.
Industrial Subarea Sa. generally located east of eetwilea l.femerial Drive aREI LelaREl
l-IeFtaB W-ay TiDoecanoe Avenue and south ofHarrv Sheooard Drive (see Exhibit V-8).
Subarea Sa is proposed to include industrial uses, including manufacturing. assembly. ware-
housing and distribution facilities. Site design issues include the creation ofvebicular access
points at generally equal intervals around the perimeter of the area. The location of these
access points will be based upon the location of adjoining access points and driveways
between existing industrial buildings. This access feature relates directly to the massing of
future buildings in an alignment similar to the existing building arrangement. By locating
buildings in this manner the existing parking areas and mature trees can be retained.
Vehicular access points -should be generally evenly distributed, rather than grouped. Two
access points1ll'C proposed along MemeFial Drive. Harry Sheppard Boulevard and three ~
Del ReBa Dri'/e. ORe access points at Tiooecanoe Avenue. weIdEl he allaweEl at the
eKteR8ieR efMjll Street.
The area adjacent to Harry Sheppard Boulevard and Memarial DriveTippecanoe Avenue
"shall be subject to increased setbacks and landscape screening to ensure compatibility with
adjac!mt land uses. It is expected that the existing on-site structures will be utilized on an
4tterlIn basis subject to improvements to satisfy public health and safety standards. The
transition over time to new construction will be dependent on user needs and requirements.
V-IS
Exhibit V-7
Office (0)
Land Use District 4
LOCATION: THE OFFICE DISTRICT 4 IS LOCATED BETWEEN
TIPPECANOE AVENUE ON THE WEST. HARRY SHEPPARD BOULEVARD
ON THE NORTH. MEMORIAL DRIVE ON THE EAST AND MILL STREET
ON THE SOUTH.
Exhibit V-B
Industrial (IND)
Land Use District 5
Subareas 5a, 5b, 5c
LOCATION: THE INDUSTRIAL DISTRICT 5 IS DISTRIBUTED INTO FOUR
SUBAREAS. INCLUDING 1) SUBAREA 5a, BOUNDED ON THE WEST BY
MEMORIAL DRIVE. ON THE NORTH BY HARRY SHEPPARD BOULEVARD.
ON THE EAST BY THE SOUTHERLY EXTENSION OF DEL ROSA DRIVE,
AND ON THE SOUTH BY THE EASTERLY EXTENSION OF MILL STREET
AND THE SAN BERNARDINO AIRPORT AUTHORITY BOUNDARY; 2) SUBAREA
5b, AN IRREGULARLY SHAPED AREA BOUNDED ON THE NORTH. BY THE SAN
BERNARDINO AIRPORT AUTHORITY BOUNDARY AND ON THE SOUTH BY
PALM MEADOWS DRIVE AND A UNE ROUGHLY PARALLEUNG THE SANTA
ANA RIVER; AND 3) SUBAREA 5c. BOUNDED BY THIRD STREET ON THE
NORTH. AND BY SAN BERNARDINO AIRPORT AUTHORITY BOUNDARY ON
THE REMAINING SIDES.
Industrial Subarea 56 (see Exhibit V -8) is proposed to provide for golf course and future
industrial uses. The existing golf course will be maintained until the demand for industrial
land iustifies its develooment.eueeeds that a'fllila:ele iR tae ealanee aftae 8fleeifie PIEHl.
Site design considerations include coordinating access points along Palm Meadows Drive
with Subarea 5c as part of the City's development review process. At such time as this area
is to be converted from golf course to industrial development, an overall site plan shall be
prepared and approved by the City. It skealEl ee aesigaed sa that a flameR eftlie galE eEllifSe
eBB l'E!maiR, passiely aB a HiRe hale eeUfSe, ser.<iBg the initial develeflRlel1t phase.
k is antieipatea that 1IHs S:Fea ',\;11 be the 1ll5t te be develeped.
Industrial Subarea 5c (see Exhibit V-g) is located south of Palm Meadows Drive and is
proposed for future industrial uses. Site desilm considerations include coordinatinl! access
points alonl! Palm Meadows Drive with Subarea Sb to the north. as cart of the Citv's
develomnent review orocess. Land uses and development tvDes in this subarea shall be
similar to what is develooed in Subarea Sb.
Industrial Subarea 5dfJ (see Exhibit V -8) is proposed to include industrial related facilities.
The uses for this subarea are proposed to be large industrial operations, such as manu-
facturing, assembly and distribution activities, in addition to aircraft sales and service, and
"through-the-fence operations." A "through the fence operation" m~ that an aviation
related or dependent industrial use backs up to and has direct access to airport operations
inside the fenced airport boundary. This allows planes to come directly to the facility to
offload or take on cargo, avoiding unnecessary extra handling and ~lcing. Existing paved
parking areas may be maintained as large contiguous shared parking areas.
Site design issues include the creation of primary access points along Third Street at Victoria
Avenue and Central Avenue. The existing perimeter road that serves airport users within the
airport ownership and that enters the area from the west and extends east to Victoria Avenue
shall be maintained. Future site development planning may extend this perimeter roadway
through the area if deemed desirable for enhanced circUlation and access depending on
ownership and site design. An optional circUlation pattern coUld extend the road east/west
along the southerly boundary linking Victoria Avenue with Central A veiiue. However, this
woUld impact pOtential through-the-fence operations by placing a public street between on-
site users and the airport. This woUld result in preventing direct access to the airport cargo
freight operations that might otherwise have been available for potential industrial users.
.-
Seteaek BBIl laaaseapiag requiremeets shall be eOl'lBisteat v.'itl1 that feElaired OR the airpert
~reJle,RY lldjaeeftt ~.the west.
Industrial Subarea 5!R (see Exhibit V -8) Generally located at the southeast comer of Del
Rosa Avenue and 3 rei Street is proposed to include industrial uses including manufacturing,
assembly, warehousing and distribution facilities, aircraft services and "through the fence
operations," aircraft cargo handling and tracking.
V-iS
assembly, warehousing and distribution facilities, aircraft services and "through the fence
operations," aircraft cargo handling and tracking.
Site design includes primary access off3rd Street at Leland Norton Drive and off Del Rosa
Avenue. Access points will be determined as part ofthe city's development review process
and should consider existing adjoining access points and driveways, and coordinate with
Trade Park (TP) uses to the west and airport uses to the south and east.
Y.!.' Distriet' Reerestieft OBeft SBllee (ROB)
ResFeatieft OfJeR Spase DimAst Ii iftehlElss an &Fea withiR tae slear tSaRS eft the wes.t eat'f ef
the ai~aFt ruWI18:)' (see EJfhibit V 9). This IlfeS rel'reseRts a sigflifieant permBReat epea
spaee Fetefttiea ...:itltiR the ,Fejeet. Mast afthis area will eaRtiRue te be IlseEl. as reereaaeR
e,eR spaee fer galf e811FSe pll~a8es. Uses withiR dtis area will lie Iimitet'f te IeneseBfleEl
eJlen spase, galf e8HFSe, aREI temperaI')' IIses sllhjeet fa the TeMperer)' Uee PefRtit Jll'&';isieas
eitlie Develepmeftt Cede. .\11 Hses prepesed 'llithia the Clear ZeRe shall ealBl'b' with the
reE)HiFeMeRts efFA.o\. regulatieRs, f..'\.R PaR 77.
F.2 Specific Plan Land Use District Map
The International Trade Center Specific Plan Land Use District Map defines the geographic location
of each of the land use districts as described in Sections F .1.1 through F .1.i' above. The Specific
Plan Land Use District Map is hereby incorporated as Exhibit V-I O.
F.3 Permitted Uses
The uses listed in Table~ V -2 and V -3 shall be allowed within the designated land use district subject
to the City of San Bernardino Development Permit procedure pursuant to Chapter 19.44 of the
Development Code unless otherwise noted.
.,.,.,
V-19
Exhibil V-9
Recreation Open Space (ROS)
Land Use Districl6
LOCATION: RECREATION OPEN SPACE DISTRICT 6 IS LOCATED
OFF THE SOUTHWESTERLY END OF THE AIRPORT RUNWAY.
.,.,
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TABLE V-l
SUGGESTED AND PERMITTED USE
District Suggested Uses Permitted Uses
Research and Research and development, light As listed in the OIP (Office Industrial
Development (I) manufacturinglindustrial, laboratories, Park) District, Section 19.08.020 of the
related office uses. Development Code except that no
residential uaes shall be allowed.
Food court, retail stores, neighborhood As listed in the CN District, Section
commercial services, restaurant, 19.06.020 of the Development Code except
automobile service station. as follows:
(a) no residential uses shall be pennitted.
(b) convenience stores will be permitted as
an ancillary use to an automobile service
slation subject to a Conditional Use Permit
(CUP).
Medical offices and clinic, corporate and As listed in the CO (Commercial Office)
professional offices, day care facility. District, Section 19.06.020 of the
Development Code except as follows:
(a) No residential uaes shall be allowed
including Residential Care and Senior
Congregate Care Facilities.
Health club, recreational commercial uses, As listed In the PeR (Public:lCommercial
indoor and outdoor, public and private. Recreation) District, Section 19.10.010 (2)
Alternate uses are educational facilities, (A) of the Development Code.
such as a technical school.
Trade Park (3) Trade Park with conference and See Table V-3
convention facilities, hotel, offices,
restaurants, wholesale businesses,
warehouse and light Industrial uses
including some assembly.
ORiee (i) Medieal eRiees Md eliRie, seppeNte aftd A5 listed 1ft the CO (C9II\Ifttll'elal Qms~)
prefessieftal eRiees, 1Ia}' eare feeill~. Dislriel, EaMieR 19.96.Q;!Q eHlle
De"elel'fReAt Cede ene..l BS felle'.vs;
(a) ~le reshleatial \1888 9hall he alle yo eEl
iftehllling ResideRtlel. C_ aR4 aeaier -
Ceftgregete CePe Faeilides.
Industrial (5) Large induatrial related operations As listed in the CO (Commercial Office)
including manufacturing, assembly, district. Section 19.06.020 of the
distribution, aircraft sales and service and DeveloDment Code. and in the DIP (Office
airport related uses. Allemate lI,!Ies are Industrial Park) District. Section 19.08.Q20
comoratc and professional offices BOd business of the Development Code. except that no
< ' um....Oolf Course will remain as an residential uses shall be allowed lncludinl[
., int~m use. Residential Care and Senior Congrellllte
Care Facilities.
A!&..Ais listed in the IL (Limited
Industrial) District, Section 19.08.020 of
the Develooment Code, exccot as follows:
V-22
District Suggested Uses Permitted Uses
(a) Aircraft sales and service shall be an
additional use permitted subject to a
Development Pennlt.
(b) Processing facilities (recycling) shall be
subject to a conditional use pennit (CUP).
ReeFllali9ft OpeA 1l1ftSS98pell 9peR 9paee, galr eellFSe, R9 As Iislell ift the PCR (PlilllieICemmereilll
Spaee (6) Wttetlil'&l ill'lflfB'/emeAts permittee ~,eept ReereatieR) Distriet, Seed9R 19.19.919 (2)
as Il't~' lie apIlI'El\'ell thl'9Hgll II T-em1'9 rery (ft.) efthe ge/elepR18ftt Ceele tUssfJt that
Use Pel'fllit. Any tffJe pf8p9seElahaII I'el'lftillellllses shall Be lill'titeEI te:
eeFRply \yitl. the N~iP8R1eRt5 sJ'eeif.ieel hj' Ea~ e,en spa8e
Ff.R PaR 77 ift the Blear ilaFle arell. (II} f1IlBlialjlrh'ate galf ealf1'Se
(e) StillY 8Hek liS. that the Dirseter RIa)'
fiRE! similar with thase Ilses Iistellllbave.
I'HPSIlIIIlt te SeetieR 19.92.979 (3)
All Districts (I.~) Temporary uses of existing structures or No pennitted uses. All uses are subject to
facilities for their original Intended use a temporary use pennit to be reviewed and
under the Air Force jurisdiction. S!IBRllllel approved by the City of San Bernardino.
The lIaFNeks may Ile Hsed fer VlIFIsitiaRIII
MHSi"l te 8l:1ppePt: Biker &elk hies
eselB'fiRg ,.(tAlllthe Speelfie PIIlR erea 6r
Ail1'8rt, s~eh as fi.. ere:ls StagiRg te
ISlR8at \-Jilt1iire& iR SYpfJ8Ft eftfte U.8.
Fe.e9t 8Br\"iee.
,,";
V-23
TABLE V.3
TRADE PARK DISTRICT
The following list represents those prim8l)' uses in the Trade Park District which are permitted subject
to a Development Permit (0) or Temporary Use Permit (T):
Land Use Activity Development Review Process
A. All offices. including Administrative and Professional Offices D
B. Automotive Related Uses
I. - Service station D
2. Vehicle leasing/rental D
C. LodglngIMlxed Use Facilities
1. Hotels 0
D. EatlngIDrlnklng Establishments
1. Lounge w/on-sale alcoholic beverages 0
2. Restaurants, no drive-thrus D
E. Entertalnment/Recreation
I. Auditorium, convention halls. theaters 0
2. Miscellaneous indoor 0
.
F. Financial services 0
O. Left blank
H. Personal service
1. Barberlbeauty/nall shops 0
2. DanceJkarate studios 0
3. Dry cleaners 0
4. Health/athletic club 0
S. Laundromats 0
I. Retail Commercial
I. Bookstores 0
2. Drug stores 0
3. Flower/gift shops 0
4. 0encraI merchandise D
S. Indoor retaJllWholesale malls 0
- -. 6. Office supplies/equipment
0
7. Specialty food stores 0
J. Service Commercial
I. Catering establishment D
2. Cleaning/janltorial 0
.., 3. Copy centers/postal service centerslblueprinting 0
4. Laboratories 0
s.-,-, Miscellaneolls repair/services (indoors) 0
,
6. Recycling facilities (reverse vending) D
7. Travel agencies . 0
K. Industrial Uses
I. Assemblinl!. cleanin!!. manufacturing, processinll. 0
V-24
Land Use Activity Development Review Process
K. Industrial Uses
1. Assembling, cleaning, manufacturing, processing, D
repairing or testing of products including automotive
related (except dismantling) and welding and excluding .
explosives, conducted entirely within an enclosed I
structure except for screened outdoor storage areas.
2. Crematory D
3. Dwelling for security guard or caretaker D
4. Funeral parlors/mortuaries D
5. Recycling facilities (light processing available for onsite D
users only. Must be wholly enclosed within a building.)
6. Research and development D
7. Towing service D
8. Tr.unsportationldisuibution D
9. Warehousing and wholesaling, including self-service D
mini-storage.
L. Others
1. Antennae/Satellite dish D
2. Cable companies D
3. ClubsILodgeIMeeting halls D
4. Day care facilities D
5. Educational services D
6. Fences/walls D
7. Heliports/Helipads D
8. Libraries D
9. Museums D
10. Outdoor recreation D
II. Parking lots D
12. Parking structures D
13.. Policelfire protection D
14. Public utility uses D
15. Radio/television broadcasting D
16. Temporary uses T
17. TradelTech schools D
18. Accessory structures (typicallv appurtenant) D
Other similar uses which the Director finds to fit within the purpose/intent of the zone disuict, in
compliance with Section 19.02.070(3).
.;";
V-25
I
Exhibit F, Item (c)
I
GENERAL STANDARDS
Chapter V, Subparagraph G.t
PAGES:
Pages V-26 and V-27
TABLE:
Development Standards Table V-4 found on page V-27
G. DEVELOPMENT STANDARDS
G.t General Standards
Development standards shall be consistent with the standards contained in the following Table V-4.
G.2 Land Use Specific Standards
Special use standards for this Specific Plan shall be applicable to the following uses:
a. Convenience stores
b. Day care facilities
c. Mini-storage
d. Recycling facilities for reusable domestic containers
e. Service stations
The standards for these uses shall be consistent with the provisions contained in Section 19.06.030(2)
of the Development Code.
G.3 Property Development Standards
G.3.t Property development standards shall be consistent with Section 19.20.020 of the
Development Code except:
I . Exterior building walls,
2. Screening, and
3. Solar energy.
G.3.2 Intersection and Corner Visibility
To ensure clear and unobstructed visibility at intersections, landscaping planting and signs
shall be limited to three feet in height within the following defined areas at street and driveway
intersections and as illustrated in Exhibits V-I I and V-12:
Type
Primary street
Secondary street
Local street
Driveways
Distance From Intersection
50 feet
35 feet
25 feet
25 feet
.,',
V-26
TABLE V-4
DEVELOPMENT STANDARDS
Districts
Development
Standards G R&D IND RGS TP
Net Lot Area (min.) +-e:e,. lac. NA WA- NA
Building Setback I from Street (min.) ~ 25'(P) 25'(P) WA- 25'(P)
~ 19'(8) ~ 25'(D) .
.J9!fS) 15'(L) 19'(S) 19'(S)
~ 15'(PR) 15'(L) 15'(L)
~ 10'(PR) 10' (PR)
Building Setback from Property Line (min.) ~ 10'(A) and 0' or 20' WA- 0' or 20'
lIfId 10'(B) (AXB) (AXB)
~
Building Separation (min.) ~ 20' 20' WA- 20'
Building Setback along 3n1 Street (min.) NA 37'(C) 37'(C) NA NA
Parking Setback (min.) - 32'(C) 32'(C) WA- 20'(P)
~ 20'(p) 20'(P) 14'(S)
~ 14'(S) 14'(S) IO'(L)
~ I O'(L) IO'(L)
Building Height (max.) (jg! 60' @43' 3 WA- 120'
Floor Area Ratio (max.) ~ ..5. ~..5 NA .S
Lot Frontage (min.) NA 100' 100' Nt\- NA
(P) Major Arterial
(S)4 Secondary ArteriallSpecific Plan Collector
(L) Local Road
(PR) Private Road
(A) Rear setback
(8) Interior side setback
(C) 3n1 Street setback (includes 12' bicycle path)
(0) Mill Street setback (100' right-of-way)
All setbacks are measured from the right-of-way on public streets and from the back of curb or sidewalk on private
roads.
2
Setback can be either dimension or greater than 20', but nothing in between.
I 3
Subject to FAA heillht reauirements for uses located near the runwav. For industrial uses located adjacent to Third
Street, maximum height is 100'.
4
The-seconda1y arterial contains 6' oflandscaping within the right-of-way in addition to the landscaped setback (see
Exhibit V-3).
V-27
,
Exhibit F, Item (d)
I
City Resolution No. 2004-324
Approved by the City on October 7, 2004
r-
1
1
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RESOLUTION NO. 2004-324
RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING GENERAL PLAN
AMENDMENT NO. 04-03 AND SPECIFIC PLAN AMENDMENT NO. 04-02 TO THE
GENERAL PLAN OF THE CITY OF SAN BERNARDINO, TO AMEND THE
GENERAL PLAN LAND USE DESIGNATION FROM SAN BERNARDINO
5 INTERNATIONAL TRADE CENTER SPECIFIC PLAN TOURIST COMMERCIAL TO
INDUSTRIAL FOR 30 ACRES AND TO DELETE LELAND NORTON WAY FROM
6 THE CIRCULATION ELEMENT, APPROVAL OF DEVELOPMENT PERMIT II NO.
7 04-27 TO CONSTRUCT AN AIR CARGO FACILITY, AND APPROVAL OF LOT LINE
ADJUSTMENT NO. 04-13 TO ACCOMMODATE THE PROJECT, WHICH IS
8 LOCATED ON THE SOUTH SIDE OF 3RD STREET, EAST OF DEL ROSA AVENUE.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1. Recitals
(a) WHEREAS, the General Plan for the City of San Bernardino was adopted by the
14 Mayor and Common Council by Resolution No. 89-159 on June 2, 1989.
15
16
17
18
(b) WHEREAS, the San Bernardino International Trade Center Specific Plan was
adopted by the Mayor and Common Council by Resolution No. 96-50 on March 4, 1996.
(c) WHEREAS, General Plan Amendment No. 04-03 and Specific Plan Amendment No.
19 04-02 (a proposal to change the General Plan Land Use Designation from San Bernardino
20 International Trade Center Specific Plan Tourist Commercial to Industrial for approximately 30
21 acres located on the south side of 3rd Street, east of Del Rosa Avenue, to delete reference to
22 Tourist Commercial from the Specific Plan, and to remove Leland Norton Way from the
23
Circulation Element) was considered by the Planning Commission on September 8, 2004, after a
24
noticed public hearing. The Planning Commission's unanimous vote on a motion to recommend
25
26 ap~r.oval of the General Plan Amendment and Specific Plan Amendment has been considered by
27 the Mayor and Common Council.
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2004-324
(d) WHEREAS, General Plan Amendment No. 04-03 and Specific Plan Amendment No.
04-02 were reviewed under the California Environmental Quality Act (CEQA) through an Initial
Study which found no significant adverse effects on the environment related to the amendments.
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2004-324
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(j) WHEREAS, the adoption of General Plan Amendment No. 04-03 and Specific Plan
Amendment No. 04-02 is deemed in the interest of the orderly development of the City and is
consistent with the goals, objectives and policies of the General Plan and the San Bernardino
International Trade Center Specific Plan.
SECTION 2. Mitigated Negative Declaration
NOW, THEREFORE BE IT RESOLVED, FOUND AND DETERMINED by the Mayor
and Common Council that the proposed amendments to the General Plan of the City of San
Bernardino and the San Bernardino International Trade Center Specific Plan, the proposed air
cargo facility and related lot line adjustment will have no significant adverse effects on the
environment beyond those previously identified with certification of the Final Environmental
Impact Report and Traffic Impact Analysis and with incorporation of the proposed project-
specific mitigation measures; and that the Mitigated Negative Declaration heretofore accepted by
the Environmental Review Committee as to the effect of these proposed amendments and
development project, is hereby ratified, affirmed and adopted.
SECTION 3. Findings - General Plan Amendment No. 04-03 and Soecific Plan
Amendment No. 04-02
BE IT FURTHER RESOLVED by the Mayor and Common Council of the City of San
Bernardino that:
A. The proposed amendment is internally consistent with the General Plan and the
San Bernardino International Trade Center (SBITC) Specific Plan in that changing the
land use designation from Tourist Commercial to Industrial and deletion of reference to
Tourist Commercial from the Specific Plan is consistent with General Plan Objective
1.39 which states, "Promote the development and use of the existing airp0l1 facilities and
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2004-324
related buildings as an international aIr carner airport with aviation-related office,
commercial and industrial uses."
Removing Leland Norton Way from the Circulation Element of the General Plan
and SBITC Specific Plan will not affect traffic/circulation patterns within the Specific
Plan or Airport areas, or the adjacent areas. Although Leland Norton Way was designated
as a Secondary Arterial, it only accessed 3rd Street from a point in front ofthe existing
terminal. The terminal can still be accessed from Del Rosa Avenue and Leland Norton
Way, as a Secondary Arterial, is not necessary.
B. The proposed amendment will not be detrimental to the public interest, health,
safety, convenience, or welfare of the City in that the proposed development will have to
comply with all local, state, and federal requirements.
C. The proposed amendments would not impact the balance of land uses within the
City in that the proposed change in land use designation represents a relatively small
percentage of the overall land uses within the City.
D. In the case of an amendment to the General Plan Land Use Map, the subject
parcel(s) is physically suitable (including, but not limited to access, provision of utilities,
compatibility with adjoining land uses, and absence of physical constraints) for the
requested land use designation(s) and the anticipated land use development(s) in that all
required utilities and public services can adequately serve the site.
SECTION 4. Findings - Development Permit II No. 04-27
BE IT FURTHER RESOLVED by the Mayor and Common Council of the City of San
Bernardino that:
A. The proposed development is permitted within the subject zoning district with
approval of the amendments to the General Plan and San Bernardino International Trade
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2004-324
Center Specific Plan. The warehouse/distribution portion of the project will be located
within the Industrial land use (zoning) district. The proposed project is a permitted use in
this land use district, as listed in Table V-2 of the SBITC Specific Plan, with approval of
a Development Permit. The airport-related portion of the project is a permitted use in the
"A," Airport land use district as listed in Table 19.12A.020 of the Development Code,
with approval of a Development Permit.
The proposed project complies with all applicable provisions in the SBITC
Specific Plan and the provisions of the Development Code, including the industrial
design guidelines as shown on the site plan, elevations, and landscape plan, and the
Conditions of Approval.
B. The proposed air cargo facility is consistent with the General Plan and Specific Plan.
The San Bernardino International Trade Center Plan includes the following goals:
· Meet Economic Development and Redevelopment Needs
· Encourage future business development, generate or create new jobs for the
community and provide revenue
· Provide for a broad mix of commercial, office and industrial development
opportunities consistent with the overall objectives and policies established for the
property
· Comply with the City of San Bernardino General Plan
. Be consistent with state law.
Development of the project assists with the Inland Valley Development Agency's
and San Bernardino International Airport Authority's goals of providing new
development, creating new jobs, and providing revenue. The DHL Air Cargo Facility is a
major warehouse/distribution facility, consistent with the mix of permitted uses. The
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2004-324
proposed project is in compliance with the Specific Plan, which itself is consistent with
the City's General Plan, and is consistent with applicable state law requirements.
C. The proposed facility will be compatible and harmonious with the existing and
surrounding land uses in the area. The proposed new construction will enhance the
existing site and be a benefit to the surrounding area due to its architectural design, on-
site and off-site improvements, and landscaping improvements.
D. Approval of the Development Permit for the proposed development is in compliance
with the requirements of the California Environmental Quality Act and Section 19.20.030(6)
of the Development Code. On the basis ofthe Initial Study, the
Development/Environmental Review Committee found that although the proposed
project could have a significant effect on the environment, there would not be a
significant effect in this case because all potentially significant effects (a) have been
analyzed adequately in an earlier EIR pursuant to applicable standards, (b) have been
avoided or mitigated pursuant to that earlier EIR, including revisions or mitigation
measures that were imposed upon the proposed project, and (c) no events have occurred
which require the preparation of a supplemental EIR or addendum to the EIR.
Although there will be new noise impacts associated with the introduction of
DHL aircraft, the number of airplane flights, and related noise, are within the scope of the
Initial Study prepared for the Interim Airport Operating Plan. That Initial Study also-
incorporated, by reference, the 1990 IVDA Redevelopment Plan Final Environmental
Impact Report.
E. There will not be potential significant adverse impacts upon environmental quality
and natural resources that could not be properly mitigated and monitored. Prior to approval
of the SBITC Specific Plan, the City certified the Environmental Impact Report and
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2004-324
Traffic Impact Analysis, and adopted the Mitigation Monitoring Program. In addition,
mitigation measures for this project are included in the Initial Study, and also included as
Conditions of Approval.
F. The subject site is physically suitable for the type and density/intensity of use being
proposed as evidenced by project compliance with all applicable Development Code and
SBITC Specific Plan standards, and Conditions of Approval.
G. There are adequate provisions for public access, water, sanitation, and public
utilities and services to ensure that the proposed use would not be detrimental to public
health and safety. All agencies responsible for reviewing access and providing water,
sanitation and other public services have all had the opportunity to review the proposal
and none have indicated an inability to serve the project. The proposal will not be
detrimental to the public health and safety in that all applicable Codes will apply to the
construction of this project.
H. The location, size, design, and operating characteristics are consistent with all
provisions of the Development Code and will not be detrimental to the public interest,
health, safety, convenience, or welfare of the City. The proposed construction of the DHL
Air Cargo Facility will be compatible with the existing development in the area.
SECTION 5. Amendment
BE IT FURTHER RESOLVED by the Mayor and Conunon Council that:
A. The Land Use Plan of the General Plan and the San Bernardino International
Trade Center Specific Plan of the City of San Bernardino is amended by changing the
land use designation from San Bernardino International Trade Center Specific Plan
Tourist Commercial to Industrial, for approximately 30 acres located at the southeast
comer of 3'd Street and Del Rosa Avenue, and deleting reference to Tourist Commercial
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2004-324
from the Specific Plan. This amendment is designated as General Plan Amendment No.
04-03 and Specific Plan Amendment No. 04-02 and its location is outlined on the map
entitled Attachment A, and described in Attachment B, copies of which are attached and
incorporated herein for reference.
B. General Plan Amendment No. 04-03 and Specific Plan Amendment No. 04-02
shall become effective immediately upon adoption of this resolution.
SECTION 6. Map Notation
This resolution and the amendment affected by it shall be noted on such appropriate
General Plan maps previously adopted and approved by the Mayor and Common Council
and which are on file in the office of the City Clerk.
SECTION 7. Notice of Determination
The Planning Division is hereby directed to file a Notice of Determination with the
County Clerk of the County of San Bernardino certifying the City's compliance with
California Environmental Quality Act in preparing the environmental documentation.
III
8
r
2004-324
1
RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING GENERAL PLAN
2 AMENDMENT NO. 04-03.... LOCATED ON THE SOUTH SIDE OF 3RD STREET, EAST
OF DEL ROSA A VENUE.
3
4
5
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
Common Council of the City of San Bernardino at a
j oint regular
meeting thereof,
October
, 2004, by the following vote, to wit:
AYES
NAYS
ABSTAIN
ABSENT
x
x
x
x
x
15 JOHNSON
16 MC CAMMACK
17
18
19
20
21
x
x
~h~
City Clerk
The foregoing resolution is hereby approved this
7.day of ~ober __,2004.
22
23
Approved as to form
24 and legal content:
H VALLES, Mayor
ity of San Bernardino
25
JAMES F. PENMAN
26 City Attorney .
27 BY:~ t. p~
28 ()
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PARCEL 1
N88'S8'OrE
298.59'
IWL PARCEL
LEASE TO IVDA
501 '01 '53H[
47.30'
NaEr58'OfE:
443.56'
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N 89"04'25. E
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PARCEL 2
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538'42' 44H W
84.51'
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16.77'
NOTE:
BEARINGs AND -DISTANCES SHOl\N HEREON ARE GRID, BASED ON_
lHE CALlFCIlNI^ COORDINAtE S'lSTW (NAn 83) ZONE 5. 10 OBTAIN
GROUND D1STANCEs,'OIVlDf lIfE DISTANCE SHO~ BY 0.99993157.
REVISION
PREPARED BY:
Associated Engineers. Inc,
3311 EAST SHELBY STREET
ONTARIO, CAUFORNIA 91764
lEl; (909)980-1982 · FAX:(909)941-0B91
PREPARED FOR;
SAN BERNARDINO INTERNATIONAL AIRPORT AUTHORITY
PARCELS 1, 2 AND 3
SEPTEMaER 24, 2004
1.: \2004\04Otil\OWG\lIAPPING\LEGAlS\Z\lIIEPLA T
2004-324
LEGAL DESCRIPTION
PARCEL 1
A TT ACHMENT "B"
In the City of San Bernardino, County of San Bernardino, State of California, being portions of Block 49 and 50
of the Rancho San Bernardino, as per Map recorded Book 7 of Maps, Page 2, Records of said County,
together with portions of vacated streets and alleys lying within and adjacent to said blocks, being a portion of
Parcel "A-1" as described in a sub-lease by and between the Inland Valley Development Agency and Ming
Plaza Development, recorded January 24, 1997, as Document No. 19970024757 of Official Records in the
Office of the County Recorder of said County, described as follows:
COMMENCING at the intersection of the centerlines of 3rd Street and Del Rosa Avenue North; thence along
the centerline of 3rd Street North 89045'07" East, 0.47 feet to the centerline of Del Rosa Drive; thence South
00055'35" East, along said centerline, 1015.95 feet; thence at right angles to said centerline, North 89004'25"
East, 60.00 feet to the East line of said Del Rosa Drive and the TRUE POINT OF BEGINNING; thence North
43"06'10. East, 41.73 feet; thence North 89004'25" East, 251.35 feet; thence South 45055'35" East, 39.60
feet; thence South 00'55'35" East, 255.31 feet; thence South 41020'54" West, 42.29 feet; thence North
89"53'09" East, 328.05 feet to a point hereinafter mentioned as Point "A"; thence North 01001'53" West,
491.49 feet; thence North 88058'07" East, 443.56 feet; thence North 01"01'53" West, 687.37 feet to the
beginning of a tangent curve, concave southwesterly, having a radius of 463.97 feet; thence along said curve
through a central angle of 28"34'38",231.41 feet; thence North 29'36'31" West, 29.07 feet; thence North
79"34'12" West, 17.19 feet to the southerly line of 3rd Street, said point bears 60.00 feet, measured at right
angles from the centerline of 3rd Street; thence along said southerly line, South 60024'42" West, 229.83 feet to
the beginning of a tangent curve, concave northwesterly having a radius of 659.96 feet; thence along said
curve through a central angle of 29"20'25", 337.95 feet; thence South 8904S'07" West, 328.38 feet; thence
South 44"24'46" West, 150.72 feet to the East line of Del Rosa Drive; thence along said east line South'
0005S'3S"East;B48.TI3-feettii'theTRUE P01NT-OFBEG1NNlNG. - _ _
EXCEPTING therefrom that portion described as follows:
BEGINNING at the aforementioned Point A, said point being the southwesterly comer of Parcel F-2 as shown
on a Record of Survey No. 96-0174, filed as Book 10S, Pages 76-77 of Records of Survey In said Office of the
County Recorder, said paint also being the southwesterly comer of Parcel "A-2", as described in said sub-
lease by and between the Inland Valley Development Agency and Ming Plaza Development; thence northerly
along the westerly line of said Parcel "A-2", North 01'01'53" West, 491.49 feet to the northwesterly comer of
said Parcel "A-2"; thence continuing, North 01"01'53" West, 47.30 feet; thence South 880SS'07" West, 298.59
feet to a point of intersection with the northerly prolongation of a line that bears North 00055'35" West, 255.31
feet as shown on said Record of Survey, said line being the easterly line of land described In a Deed recorded
May 21, 1998 as Document No. 19960196585, of Official Records in said Office of the County Recorder, said
point being distant North 00055'35" West, 247.00 feeHrom the northeasterly corner of said land described In
said last mentioned Deed; thence along said northerly prolongation, South 00055'35" East, 247.00 feet to said
northeasterly corner; thence along the eastery line of said last mentioned Deed and continuing South
00055'35" Eas~ 255.31 feet; thence continuing along said easterly line, South 41"20'54" West, 42.29 feet to
the southwesterly corner of said Parcel "A-1"; thence along the southerly line of said Parcel "A-1", North
89053'09" East, 328.05 feet to the POINT OF BEGINNING.
Area containing 19.90 acres, more or less.
Bearings and Distances used in the above description are based on the California Coordinate System,
Zone 5 (NAD-83). Divide distances shown by 0.99993157 to oblain ground level distances.
The legal description above was taken from "New Parcel A" as described in Certificate of Compliance for
Lot line Adj\Jstment No. 2003-005, recorded June 19, 2003 as Document No. 2003-0414267 Official
Records.'
L:12004\04061\OWG\MAPflING\/egal&\PARCEl1.0DC
r
2004-324
LEGAL DESCRIPTION
PARCEL 2
In the City of San Bernardino, County of San Bernardino, State of California, being a portion of Block 49 of the
Rancho San Bernardino, as per Map recorded Book 7 of Maps, Page 2, Records of said County, together with
portions of vacated streets and alleys lying within and adjacent to said blocks, being a portion of Parcels "A-1"
and "A-2, as describecj in a su!;H~ase by and between thE! Inland V!'!Jley RevelClpmimtAgency and MlngPlaza
Development, recorded January 24, 1997, as Document No. 19970024757 of ooicial Records in the Office of
the County Recorder of said County, described as follows:
COMMENCING at tile Intersection of the centerlines of 3rd Street and Del Rosa Avenue North; thence along
the centerline of 3rd Street North 89045'07" East, 0.47 feet to the centerline of Del Rosa Drive; thence South
00055'35" East, along said centerline, 1015.95 feet; thence et right angles to said centerline, North 89004'25" .
East, 60.00 feet to the East line of said Del Rosa Drive; thence North 43006'10" East, 41.73 feet; thence North
69'04'25" East, 251.35 feet; thence South 45055'35" East, 39.60 feet; thence South 00055'35" East, 255.31
feet; thence South 41020'54" West, 42.29 feet; thence North 89053'09" East, 328.05 feet to the TRUE POINT
OF BEGINNING, said point hereinafter mentioned as "Point A"; thence North 01001'53" West, 491.49 feet;
thence North 88058'07" East, 443.56 feet; thence South 01001'53" East, a distance of 432.74 feet; thence
South 38042'44" West, 84.51 feet; thence South 89053'09" West, 389.58 feet to the TRUE POINT OF
BEGINNING.
TOGETHER with that portion described as follows:
B EGINN ING at the aforementioned Point A, said point being the southwesterly comer of Parcel F-2 as shown
(In.a. Record o.f Survey N Q, 96-9174, fl[ede.sB09~.1 08,page.s.I6~ !7of.RecorclsofS.ur:v!!Yin J5.aid PfflOO oftlJe
County Recorder, said point also being the southwesterly comer of Parcel "A-2", as described In said sub-
lease by and between the Inland Valley Development Agency and Ming Plaza Development; thence northerly
along the westerly line of seid Parcel "A-2', North 01001'53" West, 491.49 feetto the northwesterly corner of
said Parcel "A-2"; thence continuing, North 01 001'53" West, 47.30 feet; thence South aaosa'o7" West, 298.59
feet to a point of intersection with the northerly prolongation of a line that bears North 00055'35" West, 255.31
feet as shown on said Record of Survey, said line being the easterly line of land described in a Deed recorded
May 21,1996 as Document No. 19980196585 of Official Records in said Office of the County Recorder, said
point being distant North 00'55'35" West, 247.00 feet from the northeasterly comer of said land described in
said last mentioned Deed; thence along said northerly prolongetlon, South 00055'35" East, 247.00 feet to said
northeasterly corner; thence along the easterly line of said last mentioned Deed end continuing South
00055'35" East, 255.31 feet; thence continuing along said easterly line, South 41020'54" West, 42.29 feetto
the southwesterly corner of said Parcel "A-1"; thence along the southerly line of said Parcel "A-1", North
89'53'09" East, 328.05 feet to the POINT OF BEGINNING.
Area containing 8.69 acres, more or less.
Bearings and Distances used in the above description are based on the California Coordinate System, Zone 5
(NAD.83). Divide distances shown by 0.99993157 to obtain ground level dlstences.
The legal description above was taken from "New Parcei B" as described in Certificate of Compliance for
lot line Adjustment No. 2003-005, recorded June 19,2003 as Document No. 2003-0414267 Official
Records.
L:I2OO41040611OWGIMAPPINIlYegolsIPARCEL 2.llOC
----- ..- ~'-_'__ ___.. P'" __ H. .._______.___..____
2004-324
LEGAL DESCRIPTION
PARCEL 3
In the City of San Bernardino, County of San Bernardino, State of California" being a portion of Brock 49 of
the Rancho San Bernardino, as per map recorded In Book 7 of maps, Page 2, Records of said County
together with portions of vacated streets and alleys lyIng within and adjacent to said blocks, more particularly
described as follows: - - -
Commencing at the intersection of the centerline of 3rd Street and Del Rosa Avenue North; thence along the
centerline of 3rd Street, North 89"45'07" East, 0.47 feet to the centerline of Del Rosa Drive; thence South
00"55'35" East, along said centerline 1015.95 feet; thence at right angles to said centerline, North 89004'25"
East, 60.00 feet to the East line of Del Rosa Drive and the POINT OF BEGINNING; thence North 43006'10"
East, 41.73 feet; thence North 89"04'25" East, 251.35 feet; thence South 45"55'35" East, 39.60 feet; thence
South 00"55'35" East; 255.31 feet; thence South 41"20'54" West, 42.29 feet; thence South 89"53'09" West,
249.67 feet; thence North 45055'00" West, 42.80 feet to the East line of Del Rosa Drive; thence North
000SS'35" West, along said East line, 250.79 feet to the POINT OF BEGINNING.
Area containing 2.17 acres, more or less.
Bearings and Distances used In the above description are based on the California Coordinate System, Zone
5 (NAD-83). Divide distances shown by 0.99993157 to obtain ground level distances.
The legal description above was taken from Quitclaim Deed recorded May 21, 1998 as Document No.
1998-0196585 of Official Repards.
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City of San Bernardino )
300 North "D" Street )
San Bernardino, CA 92418 )
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Mr. James F. Penman, Esq. ) 9:
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San Bernardino, CA 92418 )
DEVELOPMENT AGREEMENT
BETWEEN
THE CITY OF SAN BERNARDINO
AND WESTGATE NO.1, L.P.
This Development Agreement Between the City of San Bernardino and Westgate
No. I, L.P. (this "Agreement") is entered into by the City of San Bernardino, California, a
municipal corporation (the "City") and Westgate No. I, L.P., a California limited partnership
("Westgate"), regarding the development of real property in the City, to be effective as of the
Effective Date (hereinafter defined). For good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, the City and Westgate agree as follows:
I. RECITALS. This Agreement is entered into with reference to the following facts:
1.1 The Master DDA. HillwoodlSan Bernardino, LLC ("H/SB") and Inland Valley
Development Agency ("IVDA") entered into a Master Disposition and Development
Agreement effective November 6, 2002 (as amended, the "Master DDA"). Pursuant to the
Master DDA, HISB has the right to develop certain land in the former Norton Air Force
Base (the "DDA Land"). HISB already has developed on the DDA Land an approximate
1,200,000 square foot distribution facility for Mattei and is developing on the DDA Land
an approximate 600,000 square foot distribution facility for Pep Boys. At the direction of
HISB, pursuant to the Master DDA, IVDA conveyed the Property (hereinafter defined) to
Westgate, on which Westgate has constructed the Pep Boys facility. HISB is negotiating
for the development of specific other projects and intends to develop further projects,
exceeding development benchmarks under the Master DDA (the "H/SB Projects"). Also,
Westgate may develop further improvements on the Property (hereinafter defined).
1.2 Stater Bros. Stater Bros. Markets, a California corporation ("Stater Bros."), desires to
develop approximately 90 acres of the DDA Land and an additional adjoining sixty-five
(65) acres (the "Stater Bros. Proiect Site") for a new company headquarters and
consolidated distribution facility costing in excess of $160,000,000 (the "Stater Bros.
Project"). In order for Stater Bros. to be able to develop the Stater Bros. Project on the
Stater Bros. Project Site, H/SB must surrender its development rights under the Master
DDA on the portion of the Stater Bros. Project Site subject to the Master DDA and
designate Stater Bros. as the entity to which IVDA is authorized to convey such portion of
the Stater Bros. Project Site that is subject to the Master DDA. The Stater Bros. Project
Site includes a portion of the DDA Land, and the loss of the development rights ofH/SB to
such portion of the Stater Bros. Project Site affects the land inventory under the Master
DDA which can be developed by H/SB. H/SB is not being compensated by Stater Bros. for
the full value of the loss of such development rights but is willing to accept such less than
full value to facilitate the development of the Stater Bros. Project provided that, among
other things, Westgate obtains the benefits of this Agreement. Accordingly, in order to
accept such loss of land inventory, H/SB and Westgate must have assurances of the
certainty of certain existing development rights on the Property and the remainder of the
DDA Land. That is the purpose of this Agreement. H/SB and the City, simultaneously
with the signing of this Agreement, are entering into another development agreement
regarding a substantial portion of the DDA Land. H/SB would not surrender such
development rights without assurances, in addition to such development rights certainty on
the Property and the DDA Land covered by such other development agreement, that the
Stater Bros. Project, in fact, would be developed and constructed. Accordingly, (a) H/SB
and Stater Bros. have entered into an agreement pursuant to which H/SB has agreed to
designate Stater Bros. to acquire the portion of the Stater Bros. Project Site under the
Master DDA subject to certain conditions being satisfied, one of which is the execution of
this Agreement and the above-referenced other development agreement, and (b) IVDA and
Stater Bros have entered into an Owner Participation Agreement dated June 14, 2004,
pursuant to which IVDA will convey to Stater Bros. a portion of the DDA Land and other
parcels and Stater Bros. has committed to develop the Stater Bros. Project (the "OP A").
I .3 RESERVED
1.4 RESERVED.
1.5 RESER VED.
1.6 Development Agreement Purpose. The City and Westgate desire to enter into this
Agreement in order to facilitate and encourage the pursuit and development of the Stater
Bros. Project, future H/SB Projects and further improvements on the Property
(collectively, the "Projects") and to establish certainty in the development process for
Projects on the Property (hereinafter defined).
1.7 Code Authorization and Acknowledgements. The City is authorized pursuant to California
Government Code Sections 65864 through 65869.5, (the "California Development Agreement
Legislation") to enter into development agreements with persons having legal or equitable
interests in real property for the purpose of establishing certainty in the development process.
The City enters into this Agreement pursuant to the California Development Agreement
Legislation and pursuant to City Code Chapter 19.40 (hereinafter defined).
2
1.7.1 This Agreement constitutes a current exercise of the City's police powers to
provide certainty to Westgate in the development approval process and the
development of the Property by vesting certain permitted land uses and
development criteria described in the Specific Plan (hereinafter defined) and
certain other matters set forth in this Agreement in exchange for significant public
benefits the City would receive if the Stater Bros. Project is developed as
provided in the OP A and if the Property is developed further by Westgate.
1. 7.2 This Agreement is granted in consideration of Stater Bros. entering into the OP A
and of the significant public benefits that could be derived from the development
of the Property, including the development of the Projects acting as a potentially
significant catalyst for the development of other properties within the IVDA
redevelopment area within the City, as well as: (a) mitigating blight currently
existing in such area, (b) creating new employment opportunities within the
region; (c) contributing to the expansion and/or extension of public services and
utilities; and (d) otherwise resulting in the benefits provided for in the Master
DDA, including the Projects. The City acknowledges that each of these potential
benefits independently provides sufficient public benefits to justify this
Agreement. The City further acknowledges that a significant benefit arising from
the Projects includes the potential additional tax increment revenues from the
Projects and the remainder of the IVDA redevelopment area in the City which
could be more rapidly developed due to the development of the Property.
1.8 General Plan Compliance. In connection with the approval of the Specific Plan and
certification of the environmental impact report (the "EIR") prepared in connection with
the Specific Plan, the Common Council of the City (the "Council") made findings that the
Specific Plan and the project are consistent with the City General Plan and City Code
Chapter 19.40. The "project" analyzed by the EIR included development as set forth in the
Specific Plan. No challenges were made to the determination of the General Plan and
Specific Plan consistency. The certification of the EIR and the approval of the Specific
Plan by the City included a determination of General Plan consistency. Such consistency
finding included a determination that the Specific Plan and the project complied with
General Plan Goal IB, Goal IG(b) and Goal 11. In addition, a General Plan consistency
determination was made in connection with subsequent amendments to the Specific Plan.
1.9 Development Agreement Findings. This Agreement is consistent with the City General
Plan, the Specific Plan and the City Development Code and will promote the welfare and
public interest of the City. Further, the Council makes the following findings and confirms
compliance with City Code Chapter 19.40:
1.9.1 Westgate has requested and applied through the Director of the City's
Development Services Department (the "Director") to enter into this Agreement.
1.9.2 Westgate has the legal or equitable ownership interest in the Property, and the
Property exceeds one acre in size;o
3
1.9.3 Westgate's application to enter into this Agreement has been made on forms
approved, and contains all infonnation required, by the Director;
1.9.4 The status of Westgate as the owner of, or holder oflegal or equitable interests in,
the Property has been established to the satisfaction of the Director;
1.9.5 Westgate's application was accompanied by the fee established pursuant to
Chapter 19.32 (Application and Fees) and all other lawfully required documents,
materials and information;
1.9.6 The Director received, reviewed and processed Westgate's application for
consideration by the Planning Commission of the City (the "Planning
Commission"), and the Council and has recommended that the Commission and
the Council approve Westgate's application and the City entering into of this
Agreement;
1.9.7 The City has complied with all requirements of the California Environmental
Quality Act ("CEQA") and all other applicable laws in the approval of this
Agreement and adopting the Resolution (hereinafter defined).
1.9.8 All other requirements under applicable law have been satisfied by Westgate or
the City with respect to this Agreement.
1.10 Planning Commission and Common Council Hearings. On October 4,2005, the Planning
Commission, after giving the notice required by law, held a public hearing to consider the
application for adoption of this Agreement. At the conclusion of the public hearing, the
Planning Commission recommended to the Council that this Agreement be adopted as
proposed. On October 17, 2005, the Council, after providing notice as required by law,
held a public hearing to consider the application for adoption of this Agreement. The
Resolution was adopted by the City in accordance with the requirements and procedures
set forth in Section 19.40.030 of City Code Chapter 19.40, approving the application for
adoption of this Agreement, authorizing execution of this Agreement by the Mayor of the
City and setting forth findings (with supporting facts) referenced in Section 1.9 above.
1.11 City Resolution. On October 17, 2005, the Council adopted Resolution No. _ (the
"Resolution") approving this Agreement. The Resolution became effective on
, 2005 (the "Effective Date").
1.12 City Code Chapter 19.40 Mandatory Contents. This Agreement does contain the
provisions required by Section 19.40.040 (1) of the City Code Chapter 19.40, as follows
(paragraph references are to said Section 19.40.040 (1 )):
1.12.1 Duration - see Section 3.2 of this Agreement;
1.12.2 Uses, density, intensity, height and size - see Sections 3.3 and 3.4 and Exhibit G
of this Agreement;
4
1.12.3 No reservation or dedication of land for public purposes is contained in this
Agreement;
1.12A No protection against fee increases - see Section 3A.2( a)(ii) of this Agreement;
1.12.5 Tiered amendment process - see Section 7.2 of this Agreement; and
1.12.6 Health and safety exception - see Section 3A.2(b) of this Agreement.
2. CERT AIN DEFINITIONS. In this Agreement, unless the context requires otherwise (and in
addition to other defined terms in this Agreement):
2.1 "City Code Chapter 19 AO" means Chapter 19 AO of the City Development Code in effect
as of the Effective Date.
2.2 "General Plan" means the San Bernardino City General Plan in effect as of the Effective
Date.
2.3 "Westgate Assignee" means a Person (a) to whom Westgate (or a Westgate Assignee)
expressly assigns its rights and obligations under this Agreement, and (b) who is an Owner
of the Property. An Owner shall not be a Westgate Assignee merely due to being an Owner
but may be a Westgate Assignee if (a) and (b) under this Section 2.3 are satisfied.
2A "Owner" means any Person that owns a parcel in the Property, except that the term
"Owner" shall not include (a) IVDA, (b) any governmental entity that owns merely a right-
of-way, easement for a right-of-way or utility easement, or (c) any utility company that
owns merely an easement or a sub-station or similar facility.
2.5 "Person" means any natural person, firm, association, organization, business trust,
partnership, joint venture, limited liability company, corporation or other legal entity.
2.6 "Property" means the real property (improved or unimproved) situated in San Bernardino,
San Bernardino County, California, described in the attached Exhibit A.
2.7 "Specific Plan" means the San Bernardino International Trade Center Specific Plan, as
adopted on March 4, 1996 and amended on September 3, 1999 and November I, 1999, and
as further amended by City Resolution No. 2004-324 approved by the City on October 7,
2004.
3. DEVELOPMENT OF THE PROPERTY; VESTED PROVISIONS
3.1 City Code Chapter 19AO. This Agreement is subject to the provisions of City Code Chapter
19AO.
3.2 Term. The term of this Agreement shall commence on the Effective Date and extend for a
period ending 20 years following the Effective Date.
5
3.3 Vested Provisions. Westgate shall have the vested right, to the fullest extent allowed under
the California Development Agreement Legislation and except as otherwise expressly
provided in this Agreement, to develop the Property in accordance with the specific
provisions of the Specific Plan identified on the attached Exhibit B, all as in effect as of the
Effective Date and the other provisions of this Agreement (the "Vested Provisions"). All
existing and future rules, regulations, ordinances, resolutions and policies of the City as
applied to any use or development of the Property, shall be interpreted and enforced in a
manner consistent with the Vested Provisions.
3.4 Changes in the Vested Provisions.
3.4.1 Except as provided in Section 3.4.2 below, any change in, or addition to, the
Vested Provisions adopted or becoming effective after the Effective Date,
including any change by means of ordinance, initiative, referendum, resolution,
motion, policy, order or moratorium, initiated or instituted for any reason
whatsoever and adopted by the Council, the Planning Commission or any other
commission or department of the City, or any officer or employee thereof, or by
the electorate, as the case may be, which would, absent this Agreement, otherwise
be applicable to the Property, shall not be applied to the Property to the extent that
any such change or addition conflicts or is inconsistent with any of the Vested
Provisions.
3.4.2 Notwithstanding the provisions of Section 3.4.1 above:
(a) The following shall apply to the Property to the same extent the same
apply uniformly to other property and projects in the City: (i) changes in
the City's building, plumbing, electrical, fire and grading codes and
ordinances, (ii) increases in development fees (from which increases this
Agreement provides no protection to Westgate, (iii) imposition of new
fees applied on City-wide uniform and non-discriminatory basis including
traffic mitigation fees, and (iii) changes in state or federal law;
(b) The Vested Provisions may be modified only by the City as it determines
to address a compelling public necessity regarding health and safety that
cannot reasonably be addressed by other means or to comply with any
later adopted federal or state law or regulation; and -
(c) The City may make changes in or additions to the Vested Provisions that
otherwise would be prohibited by this Agreement if the City first obtains
the written consent of Westgate.
3.4.3 RESERVED
3.4.4 Westgate recognizes and agrees that nothing contained in this Agreement or the
Vested Provisions precludes the City from finding and determining that other
mitigation measures are required directly resulting from the impacts of specific
development occurring on the Property. Such development-specific mitigation
6
measures may be in the form of the requirement to construct, modify or install
new or existing public improvements and public facilities for such infrastructure
items as public streets, roadways, landscaping, utilities, drainage and flood control
improvements, water and sewer facilities, street lighting and signal lights or
monetary payments in lieu of the construction of any or all of such public
improvements.
3.4.5 Westgate recognizes that there are parcels of land included within the Specific
Plan which are not a part of the Property. Westgate agrees that the City may
amend or modify or rescind the Specific Plan as to any other properties which are
not included within the Property in any manner deemed reasonable or necessary
under the circumstances without any approval right by Westgate pursuant to this
Agreement. Nothing shall prevent Westgate from exercising all other rights
available under State law with respect to any amendment of the Specific Plan as
to such properties that are not included within the Property.
3.4.6 RESERVED
3.4.7 RESERVED
3.5 Benefits. All of the benefits of the Vested Provisions and this Agreement apply to all of
Property, as covenants running with the land.
4. PERIODIC REVIEW
4.1 Time of Review. This Agreement shall be reviewed by the City at least once a year in
accordance with California Government Code section 65865.1, on or before the
anniversary date of the recordation of this Agreement, in order to ascertain the good faith
compliance by Westgate with the terms of this Agreement. Westgate shall submit an
Annual Monitoring Report demonstrating its good faith compliance with the terms of this
Agreement within 30 days after written notice from the City of the date of the review to be
conducted by City. Following any such review, the City shall notify Westgate in writing
within 30 days of its determination as to compliance or noncompliance with the terms of
the Agreement. The annual review procedure set forth herein and in Government Code
Section 65865.1 shall be applicable during the term of this Agreement.
4.2 Failure to Conduct Periodic Review. In the event the City fails to conduct the periodic
review, such failure shall not be deemed approval by the City of Westgate's good faith
compliance with the terms of this Agreement, and the City may undertake an independent
review of Westgate's performance since the date of the last annual review, or as of the
Effective Date, as applicable, unless Westgate shall have submitted an Annual Monitoring
Report to the City demonstrating its good faith compliance with the terms of this
Agreement notwithstanding the lack of notice from the City as provided in Section 4.1
above. In the event the City has not taken action to accept or reject such Annual
Monitoring Report within 90 calendar days after receipt, Westgate shall then be deemed to
have complied in good faith with the terms of this Agreement.
7
4.3 Cost of Periodic Review. Westgate shall pay to the City the actual cost incurred by the
City in conducting any such periodic review as provided in Sections 4.1 and 4.2 above.
The actual cost of such review shall be based upon the City fee structure then in effect,
including the salaries and reasonable costs and expenses of the Office of the City Attorney
or any other experts and other legal Counsel retained by the Office of the City Attorney
with respect to such review. Westgate shall submit the review fees concurrently with
submission of the Annual Monitoring Report pursuant to Sections 4.1 and 4.2 above if
such a published applicable fee structure then is in effect and shall also submit a deposit
for the estimated City fees (if a set amount is not specified in a published fee schedule) and
the estimated salaries and reasonable costs and expenses to be incurred by the Office of the
City Attorney promptly after receipt of such estimate from the City.
5. DEFAULT.
5.1 Events of Default. A default under this Agreement shall be deemed to have occurred upon
the happening of one or more of the following events or conditions:
5.1.1 A warranty, representation or statement made or furnished by Westgate to the
City in or under this Agreement is false in any material respect when it was made.
5.1.2 A good faith finding and determination by the City made following a periodic
review under the procedure provided for in California Government Code section
65865.1 and Section 4.1 above that upon the basis of substantial evidence
Westgate has not complied in good faith with one or more of the terms or
conditions of this Agreement.
5.1.3 Any other act or omission by the City or Westgate that breaches or materially
interferes with any of the terms of this Agreement.
5.2 Procedure upon Default. Neither the City nor Westgate may exercise any remedies with
respect to an event of default referenced in Section 5.1 above unless the party claiming a
default by the other party gives a written notice to the alleged defaulting party specifying
the event of default and such event of default is not cured within the applicable Cure
Period (hereinafter defined). The term "Cure Period" as used herein means (a) with
respect to an event of default that reasonably can be cured within 30 days, the period of 30
days following the receipt of such written default notice, and (b) with respect to an event of
default that cmmot reasonably be cured within 30 days, and if efforts are commenced to
cure such default within 30 days following the receipt of such written default notice, the
period reasonably required to complete such cure with diligent prosecution.
5.3 Remedies. All remedies, at law or in equity, shall be available to the City and Westgate
with respect to any default under this Agreement. Notwithstanding the above, each party
acknowledges that monetary damages would not be an adequate remedy if the other party
fails to carry out its obligations under this Agreement. Therefore, specific performance of
this Agreement is an available and necessary remedy in order to fully compensate a party
if the other party fails to carry out its obligations under this Agreement, and each party
hereby agrees that the other party shall be entitled to specific performance in the event of a
8
default hereunder. Further, notwithstanding anything in this Agreement to the contrary,
the acts of one Owner of a parcel within the Property shall not affect the rights under this
Agreement with respect to any other parcel within the Property. The City may, as provided
in the immediately following sentence and in addition to such other rights and remedies
that it may have as provided herein, terminate this Agreement as to any default which is
not timely cured by Westgate, or by any Mortgagee (hereinafter defined) as the case may
be, in the manner as provided herein. After all cure periods have been exhausted, the City
may terminate this Agreement upon delivery of a notice of termination to Westgate and to
any Mortgagee of which the City has notice, which notice of tennination shall be effective
as to the termination of this Agreement within 15 days after receipt by Westgate or such
Mortgagee if such default remains uncured.
5.4 . Institution of Legal Action. The prevailing party in any legal action arising from or in
connection with this Agreement, whether by final judgment or out-of-court settlement,
shall be entitled to recover from the other party reasonable attorneys' fees and costs
incurred by such prevailing party. Legal actions shall be instituted in the Superior Court of
the County of San Bernardino, San Bernardino District, State of California. The costs,
salary and expenses of the City Attorney and members of the City Attorney's Office,
and/or those of outside counsel retained by the City, in enforcing this Agreement on behalf
of the City shall be considered as "attorneys' fees" for purposes of this Section 5.4.
6. PROTECTION OF MORTGAGE HOLDERS.
6.1 Protection of Mortgage Holders. Westgate and the City agree that this Agreement shall not
prevent or limit Westgate (or any Owner), in any manner, at Westgate's (or such Owner's)
sole discretion, from encumbering the Property or any portion thereof or any improvement
thereon (owned by Westgate or any other Owner, as the case may be) by any mortgage,
deed of trust or other security device securing financing with respect to such Property. The
City acknowledges that the lenders providing such financing ("Mortgagees") may require
certain Agreement interpretations. Accordingly, the City agrees, upon the written request
of Westgate (or the applicable Owner), to meet from time to time with Westgate and
representatives of such Mortgagees to negotiate in good faith any such request for
interpretation. The party making such request shall be obligated for the payment or
reimbursement to the City of all costs incurred by the City directly related to this provision
to meet and negotiate any such requests for interpretation and, upon request by the City,
shall make a cash-equivalent deposit in an amount of such costs as reasonably estimated by
the City in advance of the City entering into such negotiations. The City will not
unreasonably withhold its consent to any such requested interpretation, provided such
interpretation is consistent with the intent and purposes of this Agreement. Any Mortgagee
of all or any portion of the Property shall be entitled to the following rights and privileges:
6.1.1 Neither entering into this Agreement nor a breach of this Agreement shall defeat,
render invalid, diminish or impair the lien of any mortgage on all or any portion
of the Property.
6.1.2 If the City timely receives a written request from a Mortgagee requesting a copy
of any notice of default that may be given to Westgate under the terms of this
9
r\_....l__.____. ,\ __."...___4- L_4-...___ r-:,,--_ _..-.1 .....____1_
Agreement, the City shall provide a copy of that notice to the Mortgagee within
one day of sending the notice of default to Westgate. The Mortgagee shall have
the right, but not the obligation, to cure the default during the remaining cure
period allowed such party under this Agreement.
6.1.3 Any Mortgagee who comes into possession of all or any portion of the Property,
pursuant to foreclosure of the mortgage or deed of trust, or deed in lieu of such
foreclosure, shall take the Property or part thereof subject to the terms of this
Agreement, including the right of the City to terminate this Agreement in the
event that a default under this Agreement by Westgate is not cured during the cure
periods provided in Sections 5.2 and 5.3 above. Notwithstanding any other
provision of this Agreement to the contrary but subject to the immediately
preceding sentence, no Mortgagee shall have an obligation or duty under this
Agreement to perform any of Westgate's obligations hereunder or to guarantee such
performance.
7. GENERAL PROVISIONS.
7.1 Assignment. Nothing in this Agreement affects Westgate's or any other Owner's rights to
own, transfer, conveyor encumber all or any portion of the Property owned by Westgate or
such other Owner. Westgate (or a Westgate Assignee) shall have the right to assign,
without the consent of the City, all or part of its rights and obligations under this
Agreement to a Person who is a Westgate Assignee. Upon the assignment of this
Agreement to a Westgate Assignee, (a) the assignor (Westgate or a Westgate Assignee, as
the case may be) shall be released from this Agreement when (i) written notice of such
assignment is given to the City, and (ii) the Westgate Assignee assumes in writing the
obligations of Westgate under this Agreement with a copy thereof delivered to the City,
and (b) the term "Westgate" as used in this Agreement shall mean such Westgate
Assignee. No other Owner shall have any right to assign this Agreement or any rights
thereunder.
7.2 Amendment or Termination of this Agreement. Except as provided in Section 5.3 above
(for termination as a remedy for an uncured default), this Agreement may be amended or
terminated with respect to any parcel within the Property only by written agreement signed
by the then current Owner of such parcel and the City after approval by the Council,
without the necessity of the joinder of any other Person; provided, however, any
amendment or termination of this Agreement shall not be effective with respect to any
parcel in the Property or with respect to the rights under this Agreement of any Owner
unless the Owner of such parcel or the Owner whose rights are so affected also is a
signatory to such amendment or termination. In order for any such amendment or
termination to be effective, it must be adopted by the City by resolution as set forth in the
California Development Agreement Legislation and must be in form suitable for recording
in the Official Records of San Bernardino County, California. In accordance with City
Code Chapter 19.40, the procedure for an amendment to this Agreement shall be a tiered
amendment review procedure as follows:
10
(a) proposed amendments that are development related (such as affecting
uses, density, height, coverages or setbacks) must be submitted to the
Planning Commission of the City for recommendation for approval or
non-approval and then forwarded to the Council for determination, at the
Council's discretion, of approval or non-approval, with the Council not
being bound to accept the Planning Commission recommendation; and
(b) all other proposed amendments must be approved by the Council at its
discretion.
7.3 Hold Harmless. Westgate shall (a) defend, indemnify and hold harmless the City and the
City of San Bernardino Economic Development Agency (the "ED A"), their officers,
elected officials, attorneys, departments, boards, commissions, employees and agents
(collectively, the "Indemnified Parties from any claim, action or proceeding against the
Indemnified Parties to attack, set aside, void or annul the decision to enter into this
Agreement or any of the proceedings, acts or determinations taken, done or made prior to
and relating to such decision; and (b) reimburse the Indemnified Parties for any court
costs and attorney's fees which the Indemnified Parties may be required by a court to pay
as a result of such approval. At its sole discretion, the City and/or the EDA may
participate at its own expense in the defense of any such action, but such participation
shall not relieve Westgate of any obligation imposed by this Section 7.3. The City and/or
the EDA shall notify Westgate promptly of any claim or action and cooperate fully in the
defense. Westgate, the City and/or the EDA shall jointly select legal counsel to represent
the City and/or the EDA in any such proceeding. The City and/or the EDA, without
Westgate's written consent, shall not settle any claim that is subject to the indemnity
under this Section 7.3. If during the proceeding a settlement demand is made and
Westgate is willing to satisfy the settlement demand and the City and/or the EDA rejects
such settlement demand, Westgate's indemnity obligation in this Section 7.3 shall from
that point forward not exceed the amount ofthe settlement demand. Notwithstanding any
language to the contrary in this Section 7.3 or elsewhere in this Agreement, Westgate
shall have no indemnity obligations to the Indemnified Parties for claims that arise from
or are alleged to arise from (i) the negligence or willful misconduct of any of the
Indemnified Parties, or (ii) any costs or legal expenses that arise from any suit or action
commenced by any of the Indemnified Parties, except if such suit or action is commenced
to enforce the rights of the City against Westgate as provided in Section 5.4 above.
7.4 Binding Effect. Except to the extent otherwise provided in this Agreement, the burdens
of this Agreement bind, and the benefits of this Agreement inure to, the City's and
Westgate's respective successors in interests and assigns, including as provided in
Section 3.5 above and in Section 7.5 below.
7.5 Relationship of the City and Westgate; Third Party Beneficiaries. The contractual relationship
between the City and Westgate (and any other signatory to this Agreement) arising out of
this Agreement is one of independent contractor and not agency. Nothing in this
Agreement shall be construed as making the City and Westgate (or any other signatory to
this Agreement) joint venturers or partners. There are no third party beneficiaries and
this Agreement does not create any third-party beneficiary rights; provided, however, (a)
11
np1IP]r-.nmpnf A01.pPlnf"nf hphlJpf"n rih/ ~nrl npvplrmprNn 1 rp viI Fin~1 Rpv 1()110" nnr
the provisions of this Agreement regarding development rights applicable to the Property
shall apply to and be enforceable by any Owner with respect to the portion of the
Property owned by such Owner, and (b) an Owner has the rights set forth in Section 7.2
of this Agreement regarding amendment and termination of this Agreement.
7.6 Notices. Any notice to be provided or permitted under this Agreement shall be in
writing, signed by the party giving such notice and sufficiently given if hand delivered,
delivered by an overnight messenger/delivery service or mailed by registered or certified
mail, postage prepaid, return receipt requested, addressed as set forth below. Such
notices, if delivered (i) by hand, shall be deemed given when delivered, (ii) by an
overnight messenger/delivery service, shall be deemed given upon delivery or one
Business Day (hereinafter defined) after the sending of such notice, whichever occurs
earlier, and (iii) by mail, shall be deemed given five Business Days after deposit in the
U.S. mail. Notice that starts the running of any cure period and that is delivered on a
non-Business Day shall be deemed delivered on the next following Business Day ifleft at
the notice address or the next Business Day on which it is redelivered if it is not left at the
notice address.
The names and address of those representatives of each party to which notices shall be
sent are:
If to City, to:
City of San Bernardino
300 North D Street
San Bernardino, CA 92418
Attention: Director of Development Services
and
San Bernardino City Administrator
300 North D Street, Sixth Floor
San Bernardino, CA 92418
If to Westgate, to:
Hillwood/San Bernardino, LLC
105 North Leland Norton Way
Suite 3
San Bernardino, California 92408
With copies to:
Hillwood/San Bernardino, LLC
Three Lincoln Center
5430 LBJ Freeway, Suite 800
Dallas, Texas 75240
Attn: Chief Legal Officer
12
Such addresses shall be subject to change from time to time to such other representatives
or addresses as may be specified in written notice given by the intended recipient to the
sender in accordance with this Section 7.6.
7.7 Estoppel Certificates. At the request of either party, the other party, within ten calendar
days after receipt of such request, shall certify in writing that, to the best of its
knowledge, (a) this Agreement is in full force and effect and is a binding obligation of the
certifying party, (b) this Agreement has not been amended or modified, except as is
expressly stated in that estoppel certificate, and (c) no default in the performance of the
requesting party's obligations as provided in this Agreement exists, except as expressly
stated in that estoppel certificate.
7.8 Rules of Construction. The singular includes the plural; the masculine gender includes
the feminine; "shall" is mandatory; "may" is permissive. The word "including" as used
herein shall be deemed to mean "including, but not limited to". A "Business Day" is a
day other than a Saturday, Sunday or City holiday.
7.9 Entire Agreement and Waivers. This Agreement constitutes the entire understanding and
agreement of the City and Westgate with respect to the matters set forth in this
Agreement. This Agreement supersedes all negotiations or previous agreements between
the City and Westgate respecting this Agreement. All waivers of the provisions of this
Agreement must be in writing and signed by the appropriate authorities of the City and
Westgate.
7.10 Incomoration of Recitals and Exhibits. The recitals set forth in Section 1 of this
Agreement and exhibits referenced in this Agreement are incorporated in and part of this
Agreement.
7.11 Captions. The captions of this Agreement are for convenience and reference only and
shall not define, explain, modify, construe, limit, amplify or aid in the interpretation,
construction or meaning of any of the provisions of this Agreement.
7.12 Consent. Where the consent or approval of the City or Westgate is required in or
necessary under this Agreement, such consent or approval shall not be unreasonably
withheld, delayed, or conditioned.
7.13 Covenant of Cooperation. The City and Westgate shall cooperate, deal with and assist
each other in good faith in connection with the performance of the provisions of this
Agreement.
7.14 Recording. The City Clerk shall cause a copy of this Agreement to be recorded with the
Office of the County Recorder of San Bernardino County, California, within ten days
following the execution of this Agreement.
7.15 Severability. Every provision of this Agreement is and shall be construed to be a separate
and independent covenant. Without limiting the generality of the foregoing, if any
provision of this Agreement is found to be invalid or unenforceable for any reason, then
13
the remainder of this Agreement shall not be affected and shall be enforced to the extent
permitted by law and the parties shall negotiate in good faith for such amendments to this
Agreement as may be necessary to achieve its intent, notwithstanding such invalidity or
unenforceability.
7.16 Further Actions. Whenever and as often as it is requested to do so by the other party,
each party shall execute, acknowledge and deliver or cause to be executed, acknowledged
or delivered, any and all such further documents as may be reasonably necessary,
expedient or proper in order to achieve the intent of this Agreement.
7.17 Interpretation and Governing Law. This Agreement and any dispute arising hereunder
shall be governed and interpreted in accordance with the laws of the State of California.
[SIGNATURE PAGE FOLLOWS]
14
IN WITNESS WHEREOF, this Agreement has been executed by the City of San
Bernardino, acting by and through its Mayor and Common Council, pursuant to Resolution
No. authorizing such execution, and by Westgate.
Dated this
day of
,2005.
CITY
WESTGA TE
CITY OF SAN BERNARDINO
WESTGATE NO.2, L.P.,
a California limited partnership
By:
Name
Title
Judith Valles
Mayor
By: HIL Westgate GP, LLC,
a California limited liability company,
its general partner
City Clerk
By: Hillwood Investment Land, L.P.,
a Texas limited partnership,
its sole member
Approved as to Forn1 and Legal Content:
By: Hillwood Operating, L.P.,
a Texas limited partnership,
its general partner
By: Hillwood Development Company, LLC,
a Texas limited liability company,
its general partner
By:
Name:
Title:
15
Development Agreement No.3
Exhibit A - Property
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Parcel I
Lot Line AdJustment No. 04-001
Parcel I of City of San Bernardino Certificate of Compliance for Lot Line Adjustment No.
04-00 I, recorded May 6, 2004 as Instrument No. 2004-0316870, Official Records of San
Bernardino County, California, described as follows:
Those portions of Lots 1, 2, 13, and 14 of Block 45, of the Rancho San Bernardino on file
in Book 7 of Maps, Page 2 thereof, Records of San Bernardino County, California, located in the
City of San Bernardino, and being more particularly described as follows:
COMMENCING at the intersection of the centerline of Tippecanoe Avenue and Mill
Street as shown by Record of Survey No. 98-0019 on file in Book 110 of Records of Surveys,
Pages 51 through 53 thereof;
Thence N.00025 'OO"W. along the centerline of said Tippecanoe Avenue, a distance of 41.25
feet, to the easterly prolongation ofthe northerly line of said Mill Street, said northerly line being a
line parallel with and 41.25 feet northerly of said centerline of Mill Street;
Thence S.89038'20"W. along said northerly line, a distance of 1115.25 feet;
Thence N.Ooo21 '40"W., a distance of 120.59 feet;
Thence N.22025'55"E., a distance of 169.64 feet;
Thence N.00025'00''W., a distance of359.44 feet (formerly 359.84 feet), to the POINT OF
BEGINNING;
Thence continuing N.00025'00''W., a distance of 1520.98 feet
Thence N.89019'55"E., a distance of 563.12 feet;
Thence S.89055'09"E., a distance of 486.16 feet, to centerline of said Tippecanoe A venue;
Thence S.00024'50''E. along said centerline, a distance of38.02 feet, to the intersection with
the centerline of Harry Sheppard Boulevard;
Thence S.00025'00''E. continuing along said centerline of Tippecanoe Avenue, a distance of
1481.20 feet, to a line which bears N.89035'00"E. from the Point of Beginning;
Thence S.89035'00"W. along said line, a distance of 1049.25 feet, to the Point of
Beginning.
SUBJECT TO an easement for Public Street and Highway purposes over Tippecanoe
A venue in favor of the City of San Bernardino, recorded March 13,2002 as Instrument No. 2002-
0124767, Official Records of San Bernardino County, California.
The above described parcel ofland contains 36.657 acres, more or less.
Development Agreement No.3
Exhibit B - Vested Property
EXHIBIT B
VESTED PROVISIONS
The following portions and provisions of the Specific Plan are the Vested Provisions:
(a) Chapter IV, Paragraph D, entitled "Land Use", on pages IV-4 through IV-6
(including Land Use Districts Map, Exhibit IV-2, at page IV-5 and Land Use
Summary Table IV -1 at page IV -6).
(b) Chapter V, Paragraph F, entitled "Land Use Districts", on page V-9 and pages
V -11 through V -25 (including the Suggested and Permitted Use Table V -2 at page
V-22 and the Trade Park District Table V-3 at page 24-25).
(c) Chapter V, Subparagraph G.l, entitled "General Standards", on pages V-26 and
V-27 (including the Development Standards Table V-4 at page V-27).
(d) City Resolution No. 2004-324, approved by the City on October 7,2004.
Copies of the above-referenced vested provisions of the Specific Plan are attached as part of this
Exhibit B, which vested provisions are current as of the date of the last amendment to the
Specific Plan dated October 17, 2005.
Development Agreement between City and Developer No.4 CPBAP.DOC
Exhibit B
I
I
EXHIBIT B, Item (a)
LAND USE
Chapter IV, Paragraph D
PAGES:
IV-4 through IV-6
EXHIBITS:
Land Use Districts Map Exhibit IV-2 found on page IV-5
TABLES:
Land Use Summary Table IV-l found on page IV-6
C.6 A4.9~acre parcel between Tippecanoe Avenue and Memorial Drive wHas hesR transferred
to the U.S. Forest Service (USFS). However. federal legislation is aHyreRtl;- eeaEliaehas
been enacted bv Congress to Drovide for the transf-er of this site baelHo the IVDA
aaeto2ether with the USPS movin~ to another location outside the Specific Plan boundaries
fOr the ~llr~Bse sf iaveh'in; tke USFS, the CaliferRia Def3artmcRt sf FBFestry aRa Fire
PFeteatioa, the Ge'lemer's Offiee efEmer~eRej' Serviees ane ether !!geRGles ia ajaiRt Hse
fJregf8RI. refefl'e6 ta as FIRES COPE. TRis HSB is eaRsi~eRt .....ith the Omee Elesigft8tiea
shewR eft theSpeeif.is PIllA.
C.7 A ~re parcel along Perimeter Road jkas currently in the process of bejeng
transferred to the San Manuel Indian Tribe as Public Benefit land and an additional oarcel
of approximate Iv 30 acres was transferred from the Air force to the IVDA and then to the
San Manuel Indian Tribe as Dart of the EDC. Another 2.26-acre Darcel north of Harry
Sheppard Boulevard and west of Del Rosa Drive is also pendiOlt transfer to the San Manuel
Indian Tribe.
The use oftbese parcels shall be restricted to the types of uses described above and as stipulated in
the Department of Defense (DOD) Record ofDccision (ROD). Use of any existing structures shall
be consistent with the General Standards specified in Chapter V, Section 19.30.030 of this Specific
Plan. Copies of the Records of Decision are provided in Appendix A. A detailed survey of the
boundaries of these parcels has been prepared and is on file with the IVDA and the City of San
Bernardino Planning Department.
D. LAND USE
The land use element of the Specific Plan is intended to build upon the land use patterns previously
established and facilitate the orderly transition of the site to non-military use, accommodating new
construction when appropriate and utilizing existing building types and related uses as long as
possible in a compatible manner.
I The overall project site has been identified with HYe-~distinct land use districts.. including
. research and development, trade park, memee, industrial, &BEl reereatiaft apes 91'aee. Each land
use district responds to a unique set of needs, opportunities and constraints offered by the existing
setting and conditions.
The land use districts represent broad policy groupings of common land uses combined with several
unique aspects that require a focus at a more detailed scale. Thus; the discussion of each district
includes a block by block set of land use planning guidelines that will serve as the basis for the land
use controls and opportunities.
These land use districts are illustrated in Exhibit IV -2 and summarized in Land Use Table N -1. As
shown, the$pCcitic Plan .proposes an ultimate buildout of~ 12.1 U million square feet
ofbuildmg floor area. "This represents an increase of approximately MM! million square feet over
the previous Mi9tiBg building floor area in this section of the Base. The land use districts are further
defined in Chapter V.
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TABLE IV-I
SAN BERNARDINO INTERNATIONAL TRADE CENTER SPECIFIC PLAN
LAND USE SUMMARY
District
District Name Number FAR Acreage Bldg. S.F.
Research & Development 1 0.5' 109.6 I. 2,225,916
Trade Park 3 0.5 152.8 3,327,984
Qftiee 4 M .w.+ 1 U,.998
Industrial Sa 0.5 .lli..28H . 3.373.2861,861,368
Sb 0.25 ~ 1.262.0421,511,169
Sc 0.5 12.6 274,428
Sd O.S ~ 1,.H)82.m~
S~ 0.5 29.2 635,976
Subtotal: MU~ 6.626.0201,194,8'7
Re8restisII 0"811 E",aee ~ 9 -14:,} 9
TOTAL 6~~z 12.179.92011,199,1
41-
1 The FAR of 0.5 does not apply to the 7.4 acre parcel deeded to the City for recreation purposes.
2 Excludes arterial streets.
E. CIRCULATION
When Norton Air Force Base was operational, public vehicular access through the facility was
. restricted for security purposes. Major thoroughfares leading up to the facility, such as Tippecanoe
Avenue, Del Rosa Drive and Mill Street were precluded from providing a greater role in facilitating
area-wide and regional circulation.
After military security was no longer required, these roadways were opened up, and now form the
foundation. for the future circulation network. This system will compliment the proposed land uses
and link the site to the surrounding roadway network. The IVDA has completed construction of
major improvements to the following roads: Tippecanoe Avenue between Mill Street and Third
~tHlUFY SkepplH'Ei Beale'lafti; Harry Sheppard Boulevard between Tippecanoe Avenue and
Leland Norton Way; Mill Street from Lena Road to TipJlecanoe Avenue. Third Street from
Tippecanoe Avenue to Del Rosa Drive. and Del Rosa Drive between Third Street and Harty
Sheppard Boulevard., These streets will serve as the primary backbone circulation system for the
Specific Plan area, while simultaneously linking the site to the.existing external circulation network.
Additionally, recommendations have been included in the plan for upgrading the regional
circulation network to meet projected needs. It is aRtieif)ated tRat Mill Street imf)Fevemsats Weffi
IV-6
I
EXHIBIT B, Item (b)
LAND USE DISTRICTS
Chapter V, Paragraph F
PAGES:
Page V-9
Pages V-l1 through V-25
TABLES:
Suggested and Permitted Use Table V-2 found on page V-22
Trade Park District Table V -3 found on page 24-25
I
New traffic signals have been installed at the intersections of Tippecanoe Avenue and Harry
Sheppard Boulevard, Del Rosa Drive and Harry Sheppard Boulevard, Tippecanoe and Palm
Meadows Drive and Lena Road and Mill Street, again as part of the scheduled road improvements
being installed with the first phase infrastructure improvements.
A traffic signal is also planned at Third Street and Leland Norton Way as part of the access
improvements planned by the San Bernardino International Airport. Lastly, a new traffic signal will
be required at the intersection of Third Street and Central Avenue (in the City of Highland) at such
time as new development activity provides sufficient additional traffic to warrant that improvement.
F. LAND USE DISTRICTS
F.l The purpose of each Land Use District is defined as follows:
F.1.l District 1 - Research and DeveloDment (R&D)
Located between Harry Sheppard Boulevard on the south, Third Street on the north,
Tippecanoe Avenue on the west, and Del Rosa Drive on the east (see Exhibit V -4), Research
and Development (District 1) is intended to accommodate a wide variety of research and
development related uses including manufacturing, light industrial, neighborhood
commercial, laboratories, office professional use, vocational training and educational
filcilities, institutional, and recreational open space. The intent is to combine these land uses
and implement them under a "campus" concept. which ties these uses together with broad
landscaped and well lighted pedestrian walkways.
The extent to which raw materials will be manufilctured will be limited to that necessary to
adequately test and analyze new products. The scale and intensity of these uses may allow
for the interim use of existing building stock. Research and development facilities may
include the manufilcturing, assembly and testing of products which are characterized as clean
and generate non-hazardous byproducts.
Neighborhood commercial uses may include a food court, retail stores, neighborhood
services, and restaurants.
Desired office uses would include a broad range of supporting uses in a well landscaped
setting. Potential uses include medical offices and clinics, corporate offices, governmental
and institutional uses, administrative and professional offices, daycare facilities, fmancial
services and supporting commercial.
0"
. Site design should consider existing uses within the research and development district (see
ExhiPit V-4). These existing uses include the Loma Linda University Medical Clinic on
Third Stree~ west sf Otte Gerieke Drbe which serves a medical clinic to the local area
population. Additionally, the San Bernardino Community College District facility located
on the west side of Del Rosa Drive north of Harry Sheppard Boulevard should encourage the
establishment of business incubator uses that would benefit from the existing educational
V-9
"
-,
Exhibit V-4
Research & Development (R&D)
Land Use District 1
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NO SCALE
LOCATION: THE RESEARCH AND DEVELOPMENT DISTRICT
IS BOUNDED ON THE WEST BY TIPPECANOE AVENUE, ON
THE NORTH BY THIRD STREET, ON THE EAST BY DEL ROSA
DRIVE AND ON THE SOUTH BY HARRY SHEPPARD BOULEVARD.
facilities. The existing City of San Bernardino Recreation Park facilities located at the
northwest comer ofRialto Avenue and Del Rosa Drive should encourage a commercial health
club or similar facility.
The vocational and educational uses may range from a potential special attendance high
school for technical and research training to Community College District facilities for post:-
high school education and training. All of these facilities will be oriented to research and
development activities associated with technical park facilities and activities.
As a matter of policy, the specific plan does not propose the retention of residential housing
units. The existing officers housing alongTippecanoe Avenue will need to be removed prior
to development in this area.
Parkway landscaping along Tippecanoe Avenue shall be designed to enhance the sites
attractiveness and lessen the visual impact of adjacent parking areas. Condition should be
given to locating building mass to buffer potential airport noise from the site users.
Access points will be determined as part of the City's development review process and should
consider existing traffic patterns outside the specific plan area, coordination with office and
industrial uses to the south and tourist commercial and airport uses to the east.
F.1.2 District 2 - Tourist Commercial (TC)
Generally located at the southeast comer of Third Street and Del Rose Avenue (see Exhibit
V-5), Tourist Commercial District 2 is intended to include tourist commercial uses to
capitalize upon the site's proximity to the Airport. The type of uses desired for the site
include high quality restaurants, hotel, visitor serving and specialty retail, offices, airport-
related commeroiaVoffice support facilities, meeting and conference facilities.
Site design considerations include allowing primary access from Del Rosa Drive at a location
consistent with access to the Research and Development District 1 to the west.
The massing of buildings should occur along the southerly and easterly property lines to allow
for the creation of an internal site focus and visual orientation away from the airport. This
will also be beneficial by using the building mass to buffer potential airport noise from site
users. The combined attributes of the Tourist Commercial District 2 location and allowed
uses provide the opportunity to establish individuaVfreestanding uses such as restaurants at
the northwest and northeast comers of the site. Parking areas will be located within the
center of the site and be screened from adjacent streets with parkway landscaping.
F.l.3" District 3'-'-. Trade Park (TP)
Generally located between Lena Road on the west, a drainage channel. known as Timber
Creek on the north, Tippecanoe Avenue on the east, and Mill Street on the south (see Exhibit
V -6), this unique district is intended to provide the image of a self-contained "World Trade
V-12
Exhibit V-5
Tourist Commercial (TC)
Land Use District 2
LOCATION: THE TOURIST COMMERCIAL DISTRICT 2 IS BOUNDED
ON THE WEST BY DEL ROSA DRIVE, ON THE NORTH BY
THIRD STREET AND ON THE EAST BY LELAND NORTON WAY.
Exhibit V-6
Trade Park (TP)
Land Use District 3
LOCATION: THE TRADE PARK DISTRICT 3 IS GENERALLY
BOUNDED BY LENA ROAD ON THE WEST, TIMBER CREEK
DRAINAGE CHANNEL ON THE NORTH, TIPPECANOE AVENUE
ON THE EAST, AND MILL STREET ON THE SOUTH.
F.I.4 Dlstriet f Omee (0)
Leeated ~etweeR Til3l3eeaRee f.'/sR1:Ie aft the Wtl5~ HaRj' Shel3l3aM Be1:lle...arEl eft the ReFtk,
Memerlal Drh'e eft the east, &AEI Mill SlHet eR die se1:lth (see Exhieit V 7), Omee DistFiet 1
is prel30sea ta eeeommeaate a ~reaa r8Rge at" emes aREI SHJ3l3ertiRg eemmereiaJ1:Ises iR a
welllaRElseapee selitiRg. OesiFeEf uses iReluEle medieal eftiee5 and eHales, 66FpeFate emees,
admiaistFati'le aaal3FefessieRal emees, aay eare fasilities, fiReRsisl sawiess BREI sl:IPl3eFtiRg
eemlBereial. Site aeSigR iss1:les iftsl1:l~e lintitiag ',.ehielller assess te Til3l3eeaRee A'o'eRlIe at
a tetel effe1:lr ElIHfy ariyes. Right tums eRIy in BRa el:lt eftke area aleRg Tipp8elHl.ee AveR~le
are Resessary te maiRtaiR aEletl1:late '1ekisular ma"/emsRt. Vehielllar Beeess peiRts aJeRg
Memenal On';e will alse he eeeNliRateEl with Dismst S. The massiAg ef hHildiRgs '.'I'iII
eeel:lr primarily aJeRg TippeesRee .\':eR1:I6 v..ith the l3al'lEiag areas adjaeeRt te MefRerial
~
F.I.S Db.rid 5 - Industrial aND)
Located in ~five distinct subareas (see Exhibit V-8), Industrial District S is intended to
accommodate a variety of industrial uses of varying scale and intensity, taking advantage in
two of these locations of the previous land use and building occupancy patterns established
during operation of the Base including the availability oflarge buildings, aviation related
activities, and compatibility with adjacent uses. It is expected that initial site tenants will
utilize existing buildings to the extent feasible. In all cases, any manufilcturing, assembly
or similar activities must occur within an enclosed building.
Industrial Subarea Sa, generally located east of hew/eeft MelBerial Dri'le &Be Leland
~1epteB Way Tiopecanoe Avenue and south ofHarrv Sheopard Drive (see Exhibit V-8),
Subarea Sa is proposed to include industrial uses, including manufacturing, assembly, ware-
housing and distribution facilities. Site design issues include the creation of vehicular access
points at generally equal intervals around the perimeter of the area. The location of these
access points will be based upon the location of adjoining access points and driveways
between existing industrial buildings. This access feature relates directly to the massing of
future buildings in an alignment similar to the existing building arrangement. By locating
buildings in this manner the existing parking areas and mature trees can be retained.
Vehicular access points -should be generally evenly distributed, rather than grouped. Two
access points are proposed along Mem8l'ial Drhe, Harry Sheppard Boulevard and three ~
Del Resa Orbs. ORe access points at Tinoecanoe Avenue, w9ulEl ~e alleweEl at the
e:lftensiea efMjIl SWeet.
The area adjacent to Harry Sheppard Boulevard and Memarial DriveTippecanoe Avenue
'.shall be subject to increased setbacks and landscape screening to ensure compatibility with
adjacl'llt land uses. It is expected that the existing on-site structures will be utilized on an
in.terlln basis subject to improvements to satisfy public health and safety standards. The
transition over time to new construction will be dependent on user needs and requirements.
V-I5
Exhibit V-7
Office (0)
Land Use District 4
LOCATION: THE OFFICE DISTRICT 4 IS LOCATED BETWEEN
TIPPECANOE AVENUE ON THE WEST.HARRY SHEPPARD BOULEVARD
ON THE NORTH. MEMORIAL DRIVE ON THE EAST AND MILL STREET
ON THE SOUTH.
Exhibit V-B
Industrial (IND)
Land Use District 5
Subareas 5a, 5b, 5c
LOCATION: THE INDUSTRIAL DISTRICT 5 IS DISTRIBUTED INTO FOUR
SUBAREAS. INCLUDING 1) SUBAREA 5a. BOUNDED ON THE WEST BY
MEMORIAL DRIVE. ON THE NORTH BY HARRY SHEPPARD BOULEVARD.
ON THE EAST BY THE SOUTHERLY EXTENSION OF DEL ROSA DRIVE.
AND ON THE SOUTH BY THE EASTERLY EXTENSION OF MILL STREET
AND THE SAN BERNARDINO AIRPORT AUTHORITY BOUNDARY; 2) SUBAREA
5b. AN IRREGULARLY SHAPED AREA BOUNDED ON THE NORTH BY THE SAN
BERNARDINO AIRPORT AUTHORITY BOUNDARY AND ON THE SOUTH BY
PALM MEADOWS DRIVE AND A UNE ROUGHLY PARALLEUNG THE SANTA
ANA RIVER; AND 3) SUBAREA 5ca BOUNDED BY THIRD STREET ON THE
NORTH. AND BY SAN BERNARDINO AIRPORT AUTHORITY BOUNDARY ON
THE REMAINING SIDES.
Industrial Subarea 5b (see Exhibit V -8) is proposed to provide for golf course and future
industrial uses. The existing golf course will be maintained until the demand for industrial
land iustifies its develooment.eueeeas 1ftat available iR the ealaaee aetAe Speeifie Plaa.
Site design considerations include coordinating access points along Palm Meadows Drive
with Subarea Sc as part of the City's development review process. At such time as this area
is to be converted from golf course to industrial development, an overall site plan shall be
prepared and approved by the City. It SHeulEi be Eiesigaeel sa that a pemeR af tlie galf eaume
saa rema.iR, pessiel)' as a HiBe kale 8al:1fSe, sen<iag the initial Eie\'elapment pRase.
k is aatisipateEi that tRis area will be the last te ee EievelapeEi.
Industrial Subarea 5c (see Exhibit V-8) is located south of Palm Meadows Drive and is
proDosed for future industrial uses. Site desim considerations include coordinatinl! access
points alonll Palm Meadows Drive with Subarea 5b to the north. as Dart of the Citv's
develooment review DrocesS. Land uses and develoDment tvpes in this subarea shall be
similar to what is developed in Subarea Sb.
Industrial Subarea 5d,e (see Exhibit V-8) is proposed to include industrial related facilities.
The uses for this subarea are proposed to be large induStrial operations, such as manu-
. facturing, assembly and distribution activities, in addition to aircraft sales and service, and
"tbrough-the-fence operations. II A "through the fence operation" m~ans that an aviation
related or dependent industrial use backs up to and has direct acceSs to airport operations
inside the fenced airport boundary. This allows planes to come directly to the facility to
offload or take on cargo, avoiding unnecessary extra handling and tracking. Existing paved
parking areas may be maintained as large contiguous shared parking areas.
Site design issues include the creation of primary access points along Third Street at Victoria
Avenue and Central Avenue. The existing perimeter road that serves airport users within the
airport ownership and that enters the area from the west and extends east to Victoria Avenue
shall be maintained. Future site development planning may extend this perimeter roadway
through the area if deemed desirable for enhanced circulation and access depending on
ownership and site design. An optional circulation pattern could extend the road eastlwest
along the southerly boundary linking Victoria Avenue with Central Avenue. However, this
would impact pcitential through-the-fence operations by placing a public street between on-
site users and the airport. This would result in preventing direct access to the airport cargo
freight operations that might otherwise have been available for potential industrial users.
.-
Setae. aaEllaeElseapiag R}EJ.uifemeats shall be eansisteat v.<ith that R}ttairea OR the airpelt
I3felJe,ftY adjaeeat ~.tfte west.
,
lndustrial Subarea 5!fI (see Exhibit V -8) Generally located at the southeast comer of Del
Rosa Avenue and 3 rd Street is proposed to include industrial uses including manufacturing,
assembly, warehousing and distribution facilities, aircraft services and "through the fence
operations," aircraft cargo handling and tracking.
V-18
assembly, warehousing and distribution facilities, aircraft services and "through the fence
operations," aircraft cargo handling and tracking.
Site design includes primary access off3rd Street at Leland Norton Drive and off Del Rosa
Avenue. Access points will be detennined as part of the city's development review process
and should consider existing adjoining access points and driveways, and coordinate with
Trade Park (TP) uses to the west and airport uses to the south and east.
Y.U; Distriet (; ReereatisB OBeR Sasee (KOSI
R-eereatieR Open Spaee Dismet (; iftel!lEles an Em!a withia the slear zaRe SR the west eeEt af
the aif1'aft f1tfnvay (see Euhil:lit V 9). This /!fea represeats a sigflifieaRt peffftaneat open
spaee FeteatieR withiR the prejeet. Mast sf this Mea will eSRtiMl9 ta he liseil as resreaaeR
speR spaee far galf eaupse pltrpases. Uses withiB this area .....m he IimiteEl ta Ianasellf'eEl
spen spaee, gelf eallFSe, aRiI temparat'y 115es sYhjeet te the TempaFllf}' Use PeftBit pf9"/isieftS
sethe DaveleplReM CeEle. ..\II yses prepsseEl witftiR the Clear Zeae shall eemp!)' with the
FeEluiFeR'leRts aHA-A. rSgt:llatisRs, FAR Part 77.
F.2 Specific Plan LaDd Use District Map
The International Trade Center Specific Plan Land Use District Map defmes the geographic location
of each of the land use districts as described in Sections F.l.l through F.1.~' above. The Specific
Plan Land Use District Map is hereby incorporated as Exhibit V-I O.
F.3 Permitted Uses
The uses listed in Table~ V -2 and V -3 shan be allowed within the designated land use district subject
to the City of San Bernardino Development Pennit procedure pursuant to Chapter 19.44 of the
Development Code unless otherwise noted.
. ,~.,
V-19
Exhibit V-9
Recreation Open Space (ROS)
Land Use District 6
LOCATION: RECREATION OPEN SPACE DISTRICT 6 IS LOCATED
OFF THE SOUTHWESTERLY END OF THE AIRPORT RUNWAY.
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TABLE V-l
SUGGESTED AND PERMITTED USE
District Suggested Uses Permitted Uses
Research and Research and development, light As listed in the OIP (Office Industrial
Development (I) manufacturing/industrial, laboratories, Park) District, Section 19.03.020 of the
related office uses. Development Code except that no
residential uses shall be allowed.
Food court, retail stores, neighborhood As listed in the CN District, Section
commercial services, restaurant, 19.06.020 of the Development Code except
automobile service station. as follows:
(a) no residential uses shall be permitted.
(b) convenience stores will be permitted as
an ancillary use to an automobile service
station subject to a Conditional Use Permit
(CUP).
Medical offices and clinic, corporate and As listed In the CO (Commercial Office)
professional offices, day care facility. District, Section 19.06.020 of the
Development Code except as follows:
(a) No residential uses shall be allowed
including Residential Care and Senior
Congregate Care Facilities.
Health club, recreational commercial uses, As listed In the PCll (Public/Commercial
indoor and outdoor, public and private. Recreation) District, Section 19.10.010 (2)
Alternate uses are educational facilities, (A) of the Development Code.
such as a technical school.
Trade Park (3) Trade Park with conference and See Table Y-3
convention facilities, hotel, offices,
restaurants, wholesale businesses,
warehouse and light Industrial uses
including some assembly.
omee (i) Medlael eRiees ami eliRie, eerpllf8te BR.J /1.1 listed iR the CO (CsHII1lereial Ome~)
I'Fefeslieaal emees, day eare fMi1I~. D19lI'iB\ SeefieR 19.9'.939 eftke
Develel'lfteRt Cede eneept 118 fellews!
(a) Ne _id_a1l1ses _11 he aile',. ed
- - iRellllling Re6lElaatlal Cere and Seaier
Ce"8PBg8te Cere Faeil!ties.
Industrial (5) Large industrial related operations As listed in the CO (Commercial Office)
including manufacturing, assembly, distriCL Section 19.06.020 of the
distribution, aircraft sales and service and DevelQDment Code. and In the OIP (Office
airport related uses. Alternate ~es are Industrial Park) DistricL Section 19.08.020
comorste and professional offices and business oCthe Develonment Code. except that no
1-' IIIdsi.-Golf Course will remain. as an residential uses shall be allowed lncludlni
., intj:rltn use. Residential Care and Senior COnl!rellllte
Care Facilities.
A.!&Ais listed in the IL (LImited
Industrial) District, Section 19.08.020 of
the Development Code. except as follows:
V-22
District Suggested Uses Permitted Uses
(a) Aircraft sales and service shall be an
additional use permitted subject to a
Development Pennit.
(b) Processing facilities (recycling) shall be
subject to a conditional use pennit (CUP).
ReerealieR OileR l.aRdsealled epen sllaee, galf eellFSe, RS As listed ift die PCR (PlIl3lielCBltlmereial
Epsee (Ii) stftletllflll iRlpl'EWlllfteR!5 permitted elleept ReefeatiaR) DIslrilll, EeetiaR 19.19.919 (2)
15 mar !:Ie IIPPl'eved thl'tlllgh a Tempe 1'81')' (I.) efthe DevelepR18Rt Cefle eneefJt that
Use Permit. I.RY ttee prepssetf shall pel'ft'litlellllseo shell se limited Ie,
eeRlllly v:idl me P8l111if8llleAts speeifiesby (a) epllft spaee
FAR Pelt 771ft the elear i!SElRe area. (II) plIslielflrh'llIie galf ealfl'SB
(8) ether suek HB~ lkat the Direater IRa}"
fiRd similar .....ilk mese Hses IislesabBve.
pllFSllMt te EMieR t 9.92.919 (3)
All Districts (1-~6) Temporary uses of existing struclu.res or No pennitted uses. All uses are subject to
filclllties for their original intended use a temporary use permit to be reviewed and
under the Air Force jurisdiction. BlEample! approved by the City of San Bernardino.
The sal'ftleks may be IIses fer tfaRsitieRaI
ftellSiRg te SlippeR elller aeti'lilies
eeelll'l"iRg ',vldtift tOe Speeifie Pie areR eF
AifllBI't, slIek 15 fire el'ews Sl&giRg te
8SlRl!at\-;ilEIfiN& iR BHp,aft erlke U.g.
fere91 8erviee.
-:';
V-23
TABLE V-3
TRADE PARK DISTRICT
The following list represents those primary uses in the Trade Park District which are pennitted subject
to a Development Permit (0) or Temporary Use Permit (T):
Land Use Activity Development Review Process
A. All offices. includinl! Administrative and Professional Offices 0
B. Automotive Related Uses
I. . Service station 0
2. Vehicle leasing/rental D
C. LodglnglMixed Use Facilities
I. Hotels 0
D. EatlnglDrinklng Establishments
I. Lounge w/on-sale alcoholic beverages D
2. Restaurants, no drive-thrus D
E. Entertalnment/Rccreation
I. Auditorium, convention halls, theaters 0
2. Miscellaneous Indoor 0
F. Financial services . D
O. Left blank
H. Personal service
l. Barbcrlbcauty/nall shops 0
2. Dancelkaratc studios D
3. Dry cleaners 0
4. Health/athletic club D
S. Laundromats D
I. Retail Commercial
I. Bookstores D
2. Drug stores 0
3. Flower/gift shops 0
4. General mcrcbandise D
S. Indoor retaI1lWholesale malls D
6. Office supplies/equipment D
7. Specialty food stores D
J. Service Commercial
1. Catering establishment 0
2. Clcaningljanitorial 0
.., 3. Copy centcrslpostal service centcrslblueprinting 0
4. Laboratories D
~.,' Misccllaneolls repair/services (indoors) 0
6. Recycling facilities (reverse vending) 0
7. Travel agencies . 0
K. Industrial Uses
1. AssembliDJZ. cleaning, manufacturinll. Dr0ce5sinll. D
V-24
Land Use Activity Development Review Process
K. Industrial Uses
1. Assembling, cleaning, manufacturing, processing, D
repairing or testing of products including automotive
related (except dismantling) and welding and excluding
explosives, conducted entirely within an enclosed
structure except for screened outdoor storage areas.
2. Crematory D
3. Dwelling for security guard or caretaker D
4. Funeral parlors/mortuaries D
5. Recycling facilities (light processing available for onsite D
users only. Must be wholly enclosed within a building.)
6. Research and development D
7. Towing service D
8. Transportation/distribution D
9. Warehousing and wholesaling, including self-service D
mini-storage.
L. Others
1. Antennae/Satellite dish D
2. Cable companies D
3. Clubs/LodgeIMeeting halls D
4. Day care facilities D
5. Educational services D
6. Fences/walls D
7. HeliportslHelipads D
8. Libraries D
9. Museums D
10. Outdoor recreation D
11. Parking lots D
12. Parking structures D
13. Police/tire protection D
14. Public utility uses D
IS. Radio/television broadcasting D
16. Temporary uses T
17. TradeITech schools D
18. Accessory structures (typicallv 3DDUTtenant) D
Other similar uses which the Director tinds to tit within the pwpose/intent of the zone district, in
compliance with Section 19.02.070(3).
,~;
V-25
I
Exhibit B, Item (c)
GENERAL STANDARDS
Chapter V, Subparagraph G.t
PAGES:
Pages V-26 and V-27
TABLE:
Development Standards Table V-4 found on page V-27
I
G. DEVELOPMENT STANDARDS
G.t General Standards
Development standards shall be consistent with the standards contained in the following Table V-4.
G.2 Land Use Specific Standards
Special use standards for this Specific Plan shall be applicable to the following uses:
a. Convenience stores
b. Day care facilities
c. Mini-storage
d. Recycling facilities for reusable domestic containers
e. Service stations
The standards for these uses shall be consistent with the provisions contained in Section 19.06.030(2)
of the Development Code.
G.3 Property Development Standards
G.3.! Property development standards shall be consistent with Section 19.20,020 of the
Development Code except:
1. Exterior building walls,
2. Screening, and
3. Solar energy.
G.3.2 Intersection and Corner Visibility
To ensure clear and unobstructed visibility at intersections, landscaping planting and signs
shall be limited to three feet in height within the following defined areas at street and driveway
intersections and as illustrated in Exhibits V-II and V -12:
Type
Primary street
Secondary street
Local street
Driveways
Distance From Intenection
50 feet
35 feet
25 feet
25 feet
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V-26
TABLE V-4
DEVELOPMENT STANDARDS
Districts
Development .
Standards G R&D IND JWS TP
Net Lot Area (min.) .,He. lac. NA WA- NA
Building Setback I from Street (min.) ~ 2S'(P) 2S'(P) WA- 2S'(P)
~ 19'(S) ~ 2S'(D)
W(8) IS'(L) 19'(S) 19'(S)
~ IS'(PR) IS'(L) IS'(L)
~ 10'(PR) 10' (PR)
Building Setback from Property Line (min.) ~ 10'(A) and 0' or 20' WA- 0' or 20'
M4 IO'(B) (AXB) (AXB)
~
Building Separation (min.) ~ 20' 20' WA- 20'
Building Setback along 3nl Street (min.) Nt\- 37'(C) 37'(C) NA NA
Parking Setback (min.) - 32'(C) 32'(C) NA 20'(P)
~ 20'(p) 20'(P) 14'(S)
~ 14'(S) 14'(S) 10'(L)
~ I O'(L) IO'(L)
Building Height (max.) 69! 60' ~,3 NA 120'
Floor Area Ratio (max.) ~ .S. ~.S NA: .5
Lot Frontage (min.) WA- 100' 100' I'M- NA
(P) Major Arterial
(S)4 Secondary ArteriallSpecific Plan Collector
(L) Local Road
(PR) Private Road
(A) Rear setback
(B) Interior side setback
(C) 3nl Street setback (includes 12' bicycle path)
(0) Mill Street setback (100' right~f-way)
All setbacks are measured from the right-of-way on public streets and from the back of curb or sidewalk on private
roads.
2
Setback can be either dimension or greater than 20', but nothing in between.
I J
Sublect to FAA heilzht requirements for uses located near the runwav. For industrial uses located adjacent to Third
Street, maximum height is 100'.
4
The -secondary ~rial contains 6' oflandscaping within the right-or-way in addition to the landscaped setback (see
Exhibit V-3).
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V-27
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Exhibit B, Item (d)
I
City Resolution No. 2004-324
Approved by the City on October 7, 2004
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RESOLUTION NO. 2004-324
RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING GENERAL PLAN
AMENDMENT NO. 04-03 AND SPECIFIC PLAN AMENDMENT NO. 04-02 TO THE
GENERAL PLAN OF THE CITY OF SAN BERNARDINO, TO AMEND THE
GENERAL PLAN LAND USE DESIGNATION FROM SAN BERNARDINO
INTERNATIONAL TRADE CENTER SPECIFIC PLAN TOURIST COMMERCIAL TO
INDUSTRIAL FOR 30 ACRES AND TO DELETE LELAND NORTON WAY FROM
6 THE CIRCULATION ELEMENT, APPROVAL OF DEVELOPMENT PERMIT II NO.
7 04-27 TO CONSTRUCT AN AIR CARGO FACILITY, AND APPROVAL OF LOT LINE
ADJUSTMENT NO. 04-13 TO ACCOMMODATE THE PROJECT, WHICH IS
8 LOCATED ON THE SOUTH SIDE OF 3RD STREET, EAST OF DEL ROSA AVENUE.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDfNO AS FOLLOWS:
SECTION 1. Recitals
(a) WHEREAS, the General Plan for the City of San Bernardino was adopted by the
14 Mayor and Common Council by Resolution No. 89-159 on June 2, 1989.
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(b) WHEREAS, the San Bernardino International Trade Center Specific Plan was
adopted by the Mayor and Common Council by Resolution No. 96-50 on March 4, 1996.
(c) WHEREAS, General Plan Amendment No. 04-03 and Specific Plan Amendment No.
19 04-02 (a proposal to change the General Plan Land Use Designation from San Bernardino
20 International Trade Center Specific Plan Tourist Commercial to Industrial for approximately 30
21 acres located on the south side of 3rd Street, east of Del Rosa Avenue, to delete reference to
22 Tourist Commercial from the Sp~~ific Plan, and to remove Leland Norton Way from the
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Circulation Element) was considered by the Planning Commission on September 8, 2004, after a
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noticed public hearing. The Planning Commission's unanimous vote on a motion to recommend
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27 the Mayor and Common Council.
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2004-324
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(d) WHEREAS, General Plan Amendment No. 04-03 and Specific Plan Amendment No.
04-02 were reviewed under the California Environmental Quality Act (CEQA) through an Initial
Study which found no significant adverse effects on the environment related to the amendments.
(e) WHEREAS, the Initial Study also analyzed impacts related to Development Permit II
6 No. 04-27 for the development of a 368,550 square foot air cargo facility in the area included in
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the amendment area and an adjacent site, as well as consistency with the Final Environmental
Impact Report and Traffic Impact Analysis certified in conjunction with adoption of the San
Bernardino International Trade Center Specific Plan.
(f) WHEREAS, the Initial Study concluded that the proposed aIr cargo facility was
12 within the scope of Final Environmental Impact Report and Traffic Impact Analysis; and that
13 there were project-specific impacts that could be mitigated to a level of less than significant
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based on inclusion of mitigation measures identified in the Mitigation Monitoring Plan.
(g) WHEREAS, the Mitigated Negative Declaration pursuant to CEQA has been
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reviewed by the Planning Commission and the Mayor and Common Council in compliance with
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the California Environmental Quality Act (CEQA) and local regulations.
(h) WHEREAS, the Planning Commission and the Mayor and Common Council
20 independently reviewed, analyzed, and exercised judgement in reviewing the Initial Study in
making their determinations.
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(i) WHEREAS, the Mayor and Common Council held a noticed public hearing on
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October 4, 2004, and fully reviewed and considered proposed General Plan Amendment No. 04-
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03 and Specific Plan Amendment No. 04-02, the Planning Commission and Environmental
Rev!ew Committee actions, the Planning Division Staff Report, and all written comments
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received.
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(j) WHEREAS, the adoption of General Plan Amendment No. 04-03 and Specific Plan
Amendment No. 04-02 is deemed in the interest of the orderly development of the City and is
consistent with the goals, objectives and policies of the General Plan and the San Bernardino
International Trade Center Specific Plan.
SECTION 2. Mitigated Negative Declaration
NOW, THEREFORE BE IT RESOLVED, FOUND AND DETERMINED by the Mayor
and Common Council that the proposed amendments to the General Plan of the City of San
Bernardino and the San Bernardino International Trade Center Specific Plan, the proposed air
cargo facility and related lot line adjustment will have no significant adverse effects on the
environment beyond those previously identified with certification of the Final Environmental
Impact Report and Traffic Impact Analysis and with incorporation of the proposed project-
specific mitigation measures; and that the Mitigated Negative Declaration heretofore accepted by
the Environmental Review Committee as to the effect of these proposed amendments and
development project, is hereby ratified, affirmed and adopted.
SECTION 3. Findings - General Plan Amendment No. 04-03 and Specific Plan
Amendment No. 04-02
BE IT FURTHER RESOLVED by the Mayor and Common Council of the City of San
Bernardino that:
A. The proposed amendment is internally consistent with the General Plan and the
San Bernardino International Trade Center (SBITC) Specific Plan in that changing the
land use designation from Tourist Commercial to Industrial and deletion of reference to
Tourist Commercial from the Specific Plan is consistent with General Plan Objective
1.39 which states, "Promote the development and use of the existing airp0l1 facilities and
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related buildings as an international aIr camer airport with aviation-related office,
commercial and industrial uses."
Removing Leland Norton Way from the Circulation Element of the General Plan
and SBITC Specific Plan will not affect traffic/circulation patterns within the Specific
Plan or Airport areas, or the adjacent areas. Although Leland Norton Way was designated
as a Secondary Arterial, it only accessed 3rd Street from a point in front of the existing
terminal. The terminal can still be accessed from Del Rosa Avenue and Leland Norton
Way, as a Secondary Arterial, is not necessary.
B. The proposed amendment will not be detrimental to the public interest, health,
safety, convenience, or welfare of the City in that the proposed development will have to
comply with all local, state, and federal requirements.
C. The proposed amendments would not impact the balance of land uses within the
City in that the proposed change in land use designation represents a relatively small
percentage of the overall land uses within the City.
D. In the case of an amendment to the General Plan Land Use Map, the subject
parcel(s) is physically suitable (including, but not limited to access, provision of utilities,
compatibility with adjoining land uses, and absence of physical constraints) for the
requested land use designation(s) and the anticipated land use development(s) in that all
required utilities and public services can adequately serve the site.
SECTION 4. Findings - Development Permit II No. 04-27
BE IT FURTHER RESOL YED by the Mayor and Common Council of the City of San
Bernardino that:
A. The proposed development is permitted within the subject zoning district with
approval of the amendments to the General Plan and San Bernardino International Trade
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Center Specific Plan. The warehouse/distribution portion of the project will be located
within the Industrial land use (zoning) district. The proposed project is a permitted use in
this land use district, as listed in Table V-2 of the SBITC Specific Plan, with approval of
a Development Permit. The airport-related portion of the project is a permitted use in the
"A," Airport land use district as listed in Table 19.12A.020 of the Development Code,
with approval of a Development Permit.
The proposed project complies with all applicable provisions in the SBITC
Specific Plan and the provisions of the Development Code, including the industrial
design guidelines as shown on the site plan, elevations, and landscape plan, and the
Conditions of Approval.
B. The proposed air cargo facility is consistent with the General Plan and Specific Plan.
The San Bernardino International Trade Center Plan includes the following goals:
· Meet Economic Development and Redevelopment Needs
· Encourage future business development, generate or create new jobs for the
community and provide revenue
· Provide for a broad mix of commercial, office and industrial development
opportunities consistent with the overall objectives and policies established for the
property
· Comply with the City of San Bernardino General Plan
. Be consistent with state law.
Development of the project assists with the Inland Valley Development Agency's
and San Bernardino International Airport Authority's goals of providing new
development, creating new jobs, and providing revenue. The DHL Air Cargo Facility is a
major warehouse/distribution facility, consistent with the mix of permitted uses. The
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proposed project is in compliance with the Specific Plan, which itself is consistent with
the City's General Plan, and is consistent with applicable state law requirements.
C. The proposed facility will be compatible and harmonious with the existing and
surrounding land uses in the area. The proposed new construction will enhance the
existing site and be a benefit to the surrounding area due to its architectural design, on-
site and off-site improvements, and landscaping improvements.
D. Approval of the Development Permit for the proposed development is in compliance
with the requirements of the California Environmental Quality Act and Section 19.20.030(6)
of the Development Code. On the basis ofthe Initial Study, the
Development/Environmental Review Committee found that although the proposed
project could have a significant effect on the environment, there would not be a
significant effect in this case because all potentially significant effects (a) have been
analyzed adequately in an earlier EIR pursuant to applicable standards, (b) have been
avoided or mitigated pursuant to that earlier EIR, including revisions or mitigation
measures that were imposed upon the proposed project, and (c) no events have occurred
which require the preparation of a supplemental EIR or addendum to the EIR.
Although there will be new noise impacts associated with the introduction of
DHL aircraft, the number of airplane flights, and related noise, are within the scope of the
Initial Study prepared for the Interim Airport Operating Plan. That Initial Study also
incorporated, by reference, the 1990 IVDA Redevelopment Plan Final Environmental
Impact Report.
E. There will not be potential significant adverse impacts upon environmental quality
and natural resources that could not be properly mitigated and monitored. Prior to approval
of the SHITC Specific Plan, the City certified the Environmental Impact Report and
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Traffic Impact Analysis, and adopted the Mitigation Monitoring Program. In addition,
mitigation measures for this project are included in the Initial Study, and also included as
Conditions of Approval.
F. The subject site is physically suitable for the type and density/intensity of use being
proposed as evidenced by project compliance with all applicable Development Code and
SBITC Specific Plan standards, and Conditions of Approval.
G. There are adequate provisions for public access, water, sanitation, and public
utilities and services to ensure that the proposed use would not be detrimental to public
health and safety. All agencies responsible for reviewing access and providing water,
sanitation and other public services have all had the opportunity to review the proposal
and none have indicated an inability to serve the project. The proposal will not be
detrimental to the public health and safety in that all applicable Codes will apply to the
construction of this project.
H. The location, size, design, and operating characteristics are consistent with all
provisions of the Development Code and will not be detrimental to the public interest,
health, safety, convenience, or welfare of the City. The proposed construction of the DHL
Air Cargo Facility will be compatible with the existing development in the area.
SECTION 5. Amendment
BE IT FURTHER RESOLVED by the Mayor and Common Council that:
A. The Land Use Plan of the General Plan and the San Bernardino International
Trade Center Specific Plan of the City of San Bernardino is amended by changing the
land use designation from San Bernardino International Trade Center Specific Plan
Tourist Commercial to Industrial, for approximately 30 acres located at the southeast
comer of 3'd Street and Del Rosa Avenue, and deleting reference to Tourist Commercial
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from the Specific Plan. This amendment is designated as General Plan Amendment No.
04-03 and Specific Plan Amendment No. 04-02 and its location is outlined on the map
entitled Attachment A, and described in Attachment B, copies of which are attached and
incorporated herein for reference.
B. General Plan Amendment No. 04-03 and Specific Plan Amendment No. 04-02
shall become effective immediately upon adoption of this resolution.
SECTION 6. Map Notation
This resolution and the amendment affected by it shall be noted on such appropriate
General Plan maps previously adopted and approved by the Mayor and Common Council
and which are on file in the office of the City Clerk.
SECTION 7. Notice of Determination
The Planning Division is hereby directed to file a Notice of Determination with the
County Clerk of the County of San Bernardino certifying the City's compliance with
California Environmental Quality Act in preparing the environmental documentation.
III
8
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The foregoing resolution is hereby approved this
October
,2004.
2004-324
1
RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING GENERAL PLAN
2 AMENDMENT NO. 04-03.... LOCATED ON THE SOUTH SIDE OF 3RD STREET, EAST
OF DEL ROSA A VENUE.
3
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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 reRular
meeting thereof,
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Approved as to form
24 and legal content:
~~~
City Clerk
H V ALLES, Mayor
ity of San Bernardino
25
JAMES F. PENMAN
26 City Attorney .
27 BY:~ t. p~
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NOTE:
BEARINGS AND 'DISTANCES SHOl\fol HEREON ARE GRID, BASED ON_
1HE CALIFalNIA COORDINA lE S'l'Slllt (NAD 8J) ZONE 5. TO OBTAIN
GROUND D1STANCES,'DtIJlDE llfE DISTANCE SHOWN BY 0.99993157.
REVISION
PREPARED BY:
Associated Engineers. Inc,
3311 EAST SHELBY STREET
ONTARIO, CAUFORNIA 91764
lEL;(909)9BO-19B2 · fAX:(909)941-0B91
PREPARED fOR:
SAN BERNARDINO INTERNATIONAL AIRPORT AUTHORITY
PARCELS 1, 2 AND 3
SEPTEMSER 24, 2004
1.; \2004 \04Ofll\DWG\l!APPING\U::GALS\ZONEPLA T
2004-324
LEGAL DESCRIPTION
PARCEL 1
A TT ACHMENT "B"
In the City of San Bernardino, County of San Bernardino, State of California, being portions of Block 49 and 50
of the Rancho San Bernardino, as per Map recorded Book 7 of Maps, Page 2, Records of said County,
together with portions of vacated streets and alleys lying within and adjacent to said blocks, being a portion of
Parcel "A-1" as described in a sub-lease by and between the Inland Valley Development Agency and Ming
Plaza Development, reCOrded January 24, 1997, as Document No. 19970024757 of Official Records in the
Office of the County Recorder of said County, described as follows:
COMMENCING at the intersection of the centerlines of 3rd Street and Del Rosa Avenue North; thence along
the centerline of 3rd Street North 89045'07" East, 0.47 feet to the centerline of Del Rosa Drive; thence South
00055'35" East, along said centerline, 1015.95 feet; thence at right angles to said centerline, North 89004'25"
East, 60.00 feet to the East line of said Del Rosa Drive and the TRUE POINT OF BEGINNING; thence North
43'06'10' East, 41 .73 feet; thence North 89'04'Z5" Eas~ 251.35 feet; thence South 45055'35" East, 39.60
feet; thence South 00055'35" East, 255.31 feet; thence South 41020'54" West, 42.Z9 feet; thence North
89'53'09" East, 328.05 feet to a point hereinafter mentioned as Point "A"; thence North 01001 '53" West,
491.49 feet; thence North 88'58'07" East, 443.56 feet; thence North 01001'53" West, 687.37 feet to the
beginning of a tangent curve, concave southwesterly, having a radius of 463.97 feet; thence along said curve
through a central angle of 28034'38",231.41 feet; thence North 29036'31" West, 29.07 feet; thence North
79034'12" West, 17.19 feet to the southerly line of 3rd Street, said point bears 60.00 feet, measured at right
angles from the centerline of 3rd Street; thence along said southerly line, South 600Z4'42" West, 229.83 feet to
the beginning of a tangent curve, concave northwesterly having a radius of 659.96 feet; thence along said
curve through a central angle of 29020'25", 337.95 feet; thence South 89"45'07" West, 328.38 feet; thence
South 44024'46" West. 150.72 feet to the East line of Del Rosa Drive; thence along said east line South.
00'55'3S"Easl; 1l48.TI3leet!iftl1eTRUE POINTOFBEG1NNING. .. - . . .. ....
EXCEPTING therefrom that portion described as follows:
BEGINNING at the aforementioned Point A, said point being the southwesterly comer of Parcel F-2 as shown
on a Record of Survey No. 96-0174, filed as Book 108, Pages 76-77 of Records of Survey in said Office of the
County Recorder, said poinl also being the southwesterly corner of Parcel "A-2", as described in said sub-
lease by and between the Inland Valley Development Agency and Ming Plaza Development; thence northerly
along the westerly line of said Parcel "A-Z", North 01001'53" West, 491.49 feet to the northwesterly comer of
said Parcel" A-2"; thence continuing, North 01 001'53" West, 47.30 feet; thence South 88"58'07" West, 296.59
feet to a point of intersection with the northerly prolongation of a line that bears North 00055'35" West, 255.31
feet as shown on said Record of Survey, said line being the easterly line of land described in a Deed recorded
May21, 1998 as Document No. 19980196585, ofOfficlal Records in said Office ofthe County Recorder, said
point being distant North 00055'35" West, 247.00 feet from the northeasterly corner of said land described in
said last mentioned Deed; thence along said northerly prolongation, South 00"55'35" East, 247.00 feet to said
northeasterly corner; thence along the easterly line of said last mentioned Deed and continuing South
00"55'35" East, 255.31 feet; thence continuing along said easterly line, South 41020'54" West, 4Z.29 feet to
the southwesterly corner of said Parcel "A-1"; thence along the southerly line of said Parcel "A-1", North
89053'09" East, 328.05 feet to the POINT OF BEGINNING.
Area containing 19.90 acres, more or less.
Bearings and Distances used in the above description are based on the Cafifomla Coordinate System,
Zone 5 (NAD-83). Divide distances shown by 0.99993157 to obtain ground level distances.
The legal description above was taken from "New Parcel A" as described In Certificate of Compliance for
Lot line Adjustment No. 2003-005, recorded June 19, 2003 as Document No. 2003-0414267 Official
Records. :
L;\2004\04061\OWG\MA?PING\legaIS\PARCEL 1.DDC
r
2004-324
LEGAL DESCRIPTION
PARCEL 2
In the City of San Bernardino, County of San Bernardino, State of California, being a portion of Block 49 of the
Rancho San Bernardino, as per Map recorded Book 7 of Maps, Page 2, Records of said County, together with
portions of vacaled streets and alleys lying within and adjacent to said blocks, being a portion of Parcels "A-1"
and "A-2, as desCribed if1 a su~-Iease by and between the Inliil,nd VaHey PevelopmentAgency and MingPlaza
Development, recorded January 24,1997, as Document No. 19970024757 of Official Records in the Office of
the County Recorder of said County, described as follows:
COMMENCING at the Intersection of the centerlines of 3rd Street and Del Rosa Avenue North; thence along
the centerline of 3rd Street North 89.45'07" Eas1, 0.47 feet to the centerline of Del Rosa Drive; thence SOLith
00.55'35" East, along said centerline, 1015.95 feet; thence at right angles to said centerline, North 89.04'25" .
East. 60.00 feet to the East line of said Del Rosa Drive; thence North 43006'10" East, 41.73 feet; thence North
89'04'25" East, 251.35 feet; thence South 45055'35" East, 39.60 feet; thence South 00055'35" East, 255.31
feet; thence South 41.20'54' West, 42.29 feet; thence North 89.53'09" East, 328.05 feel to the TRUE POINT
OF BEGINNING, said point hereinafter mentioned as "Point A"; thence North 01001'53" West, 491.49 feet;
thence North 88.58'07" East, 443.56 feet; thence South 01'01'53" East, a distance of 432.74 feet; thence
South 38042'44" West, 84.51 feet; thence South 89053'09" West, 389.58 feet to the TRUE POINT OF
BEGiNNING.
TOGETHER with that portion described as follows:
BEGINNING at the aforementioned Point A, said point being the southwesterly comer of Parcel F-2 as shown
.()na Record o.f Survey Ng, !16-.Q t 74, f1le'p'a$B09~ 1 08, 'page.s]_6~ n ofJ~ecorclspfSury"y in;s.aid .OfflCe oUhe
County Recorder, said point also being the southwesterly corner of Parce' "A-2", as described In said sub-
lease by and between the Inland Valley Development Agency and Ming Plaza Development; thence northerty
along the westerly line of said Parcel "A-2", North 01001 '53" West, 491.49 feet to the northwesterly corner of
said Parcel "A-2"; thence continuing, North 01'01'53" West, 47.30 feet; thence South 88.58'07" West, 298.59
feet to a point of intersection with the northerly prolongation of a line that bears North 00055'35" West, 255.31
feet as shown on said Record of Survey, said line being the easterly Ilna of land described in a Deed recorded
May 21, 1998 as Document No. 19980196585 of Official Records in said Office of the County Recorder, said
point being distant North 00'55'35" West, 247.00 feet from the northeasterly comer of said land described in
said last mentioned Deed; thence along said northerly prolongation, South 00055'35" East, 247.00 feet to said
northeasterly corner; thence along the easterly line of said last mentioned Deed and continuing South
00055'35" East, 255.31 feet; thence continuing along said easterly line, South 41 "20'54" West, 42.29 feet to
the southwesterly corner of said Parcel "A-1"; thence along the southerly line of said Parcel "A-1", North
89'53'09" East, 328.05 feet to the POINT OF BEGINNING.
Area containing 8.69 acres, more or less.
Bearings and Distances used in the above description are based on the California Coordinate System, Zone 5
(NAD-.83). Divide distances shown by 0.99993157 to obtain ground level distances.
The legal description above was taken from "New Parcel B" as describea in Certificate of Compliance for
Lot Line Adjustment No. 2003-005, recorded June 19,2003 as Document No. 2003-0414267 Official
Records.
L:\2004\04061\OWG\MAPPING\legals\PARCEL 2.00C
2004-324
LEGAL DESCRIPTION
PARCEL 3
In the City of San Bernardino, County of San Bernardino, State of California" being a portion of Block 49 of
the Rancho San Bernardino, as per map recorded in Book 7 of maps, Page 2, Records of said County
together with portions of vacated streets and alleys lyIng within and adjacent to saId blocks, more particularly
described as follows: - -
Commencing al the intersection of the centerline of 3rd Street and Del Rosa Avenue North; thence along the
centerline of 3rd Street, North 89045'07" Eas~ 0.47 feet to the centerline of Del Rosa Drive; thence South
00055'35" East, along said centerline 1015.95 feet; thence at right angles to said centerline, North 89004'25"
East, 60.00 feet to the East line of Del Rosa Drive and the POINT OF BEGINNING; thence North 43006'10"
East, 41.73 feet; thence North 89004'25" East, 251.35 feet; thence South 45"55'35" East, 39.60 feet; thence
South 00055'35" East; 255.31 feet; thence South 41020'54" West, 42.29 feet; thence South 89053'09" West,
249.67 feet; thence North 45055'00" West, 42.80 feet to the East line of Del Rosa Drive; thence North
00055'35" West, along said East line, 250.79 feet to the POINT OF BEGINNING.
Area containing 2.17 acres, more or less.
Bearings and Distances used In the above description are based on the California Coordinate System, Zone
5 (NAD-83). Divide distances shown by 0.99993157 10 obtain ground level distances.
The legal description above was takan from Quitclaim Deed recorded May 21, 1998 as Document No.
1998-0196585 of Official Repords.
L:\2IlO4\04061\DWGIMAP?ING\/egoI$\PARCEL 3.00c
When Recorded, Mail To:
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Recording Requested
By and Mail To:
City of San Bernardino
300 North "0" Street
San Bernardino, CA 92418
Mr. James F. Penman, Esq.
Office of the City Attorney
City Hall, Sixth Floor
300 North "0" Street
San Bernardino, CA 92418
DEVELOPMENT AGREEMENT
BETWEEN
THE CITY OF SAN BERNARDINO
AND WESTGATE NO.2, L.P.
This Development Agreement Between the City of San Bernardino and Westgate
No.2, L.P. (this "Agreement") is entered into by the City of San Bernardino, California, a
municipal corporation (the "City") and Westgate No.2, L.P., a California limited partnership
("Westgate"), regarding the development of real property in the City, to be effective as of the
Effective Date (hereinafter defined). For good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, the City and Westgate agree as follows:
I. RECITALS. This Agreement is entered into with reference to the following facts:
1.1 The Master DDA. HillwoodlSan Bernardino, LLC ("H/SB") and Inland Valley
Development Agency ("IVDA") entered into a Master Disposition and Development
Agreement effective November 6, 2002 (as amended, the "Master DON'). Pursuant to the
Master DDA, HISB has the right to develop certain land in the former Norton Air Force
Base (the "DDA Land"). HISB already has developed on the DDA Land an approximate
1,200,000 square foot distribution facility for MatteI and an approximate 600,000 square
foot distribution facility for Pep Boys. At the direction of HISB, pursuant to the Master
DDA, IVDA conveyed the Property (hereinafter defined) to Westgate. HISB is negotiating
for the development of specific other projects and intends to develop further projects,
exceeding development benchmarks under the Master DDA (the "H/SB Projects").
Westgate intends to develop improvements on the Property.
1.2 Stater Bros. Stater Bros. Markets, a California corporation ("Stater Bros."), desires to
develop approximately 90 acres of the DDA Land and an additional adjoining sixty-five
(65) acres (the "Stater Bros. Proiect Site") for a new company headquarters and
consolidated distribution facility costing in excess of $160,000,000 (the "Stater Bros.
Develooment Agreement between City and Developer No.4 CPBAP Final Rev I01305.DOC
Project"). In order for Stater Bros. to be able to develop the Stater Bros. Project on the
Stater Bros. Project Site, H/SB must surrender its development rights under the Master
DDA on the portion of the Stater Bros. Project Site subject to the Master DDA and
designate Stater Bros. as the entity to which IVDA is authorized to convey such portion of
the Stater Bros. Project Site that is subject to the Master DDA. The Stater Bros. Project
Site includes a portion of the DDA Land, and the loss of the development rights ofH/SB to
such portion of the Stater Bros. Project Site affects the land inventory under the Master
DDA which can be developed by H/SB. H/SB is not being compensated by Stater Bros. for
the full value of the loss of such development rights but is willing to accept such less than
full value to facilitate the development of the Stater Bros. Project provided that, among
other things, Westgate obtains the benefits of this Agreement. Accordingly, in order to
accept such loss of land inventory, H/SB and Westgate must have assurances of the
certainty of certain existing development rights on the Property and the remainder of the
DDA Land. That is the purpose of this Agreement. H/SB and the City, simultaneously
with the signing of this Agreement, are entering into another development agreement
regarding a substantial portion of the DDA Land. H/SB would not surrender such
development rights without assurances, in addition to such development rights certainty on
the Property and the DDA Land covered by such other development agreement, that the
Stater Bros. Project, in fact, would be developed and constructed. Accordingly, (a) H/SB
and Stater Bros. have entered into an agreement pursuant to which H/SB has agreed to
designate Stater Bros. to acquire the portion of the Stater Bros. Project Site under the
Master DDA subject to certain conditions being satisfied, one of which is the execution of
this Agreement and the above-referenced other development agreement, and (b) IVDA and
Stater Bros have entered into an Owner Participation Agreement dated June 14, 2004,
pursuant to which IVDA will convey to Stater Bros. a portion of the DDA Land and other
parcels and Stater Bros. has committed to develop the Stater Bros. Project (the "OPA").
1.3 RESERVED
1.4 RESERVED.
1.5 RESERVED.
1.6 Development Agreement Purpose. The City and Westgate desire to enter into this
Agreement in order to facilitate and encourage the pursuit and development of the Stater
Bros. Project, future H/SB Projects and further improvements on the Property
(collectively, the "Proiects") and to establish certainty in the development process for
Projects on the Property.
1.7 Code Authorization and Acknowledgements. The City is authorized pursuant to California
Government Code Sections 65864 through 65869.5, (the "California Development Agreement
Legislation") to enter into development agreements with persons having legal or equitable
interests in real property for the purpose of establishing certainty in the development process.
The City enters into this Agreement pursuant to the California Development Agreement
Legislation and pursuant to City Code Chapter 19.40 (hereinafter defined).
2
nf"VpIOnmf"l1t ApTf"f'ment hctween City and DeveloDcr No.4 CPBAP Final Rev 10l30S.DOC
1. 7.1 This Agreement constitutes a current exercise of the City's police powers to
provide certainty to Westgate in the development approval process and the
development of the Property by vesting certain permitted land uses and
development criteria described in the Specific Plan (hereinafter defined) and
certain other matters set forth in this Agreement in exchange for significant public
benefits the City would receive if the Stater Bros. Project is developed as
provided in the OP A and if the Property is developed further by Westgate.
1. 7.2 This Agreement is granted in consideration of Stater Bros. entering into the OP A
and of the significant public benefits that could be derived from the development
of the Property, including the development of the Projects acting as a potentially
significant catalyst for the development of other properties within the IVDA
redevelopment area within the City, as well as: (a) mitigating blight currently
existing in such area, (b) creating new employment opportunities within the
region; ( c) contributing to the expansion and/or extension of public services and
utilities; and (d) otherwise resulting in the benefits provided for in the Master
DDA, including the Projects. The City acknowledges that each of these potential
benefits independently provides sufficient public benefits to justify this
Agreement. The City further acknowledges that a significant benefit arising from
the Projects includes the potential additional tax increment revenues from the
Projects and the remainder of the IVDA redevelopment area in the City which
could be more rapidly developed due to the development of the Property.
1.8 General Plan Compliance. In connection with the approval of the Specific Plan and
certification of the environmental impact report (the "EIR") prepared in connection with
the Specific Plan, the Common Council of the City (the "Council") made findings that the
Specific Plan and the project are consistent with the City General Plan and City Code
Chapter 19.40. The "project" analyzed by the EIR included development as set forth in the
Specific Plan. No challenges were made to the determination of the General Plan and
Specific Plan consistency. The certification of the EIR and the approval of the Specific
Plan by the City included a determination of General Plan consistency. Such consistency
finding included a determination that the Specific Plan and the project complied with
General Plan Goal I B, Goal I G(b) and Goal 11. In addition, a General Plan consistency
determination was made in connection with subsequent amendments to the Specific Plan.
1.9 Development Agreement Findings. This Agreement is consistent with the City General
Plan, the Specific Plan and the City Development Code and will promote the welfare and
public interest of the City. Further, the Council makes the following findings and confinns
compliance with City Code Chapter 19.40:
1.9.1 Westgate has requested and applied through the Director of the City's
Development Services Department (the "Director") to enter into this Agreement.
1.9.2 Westgate has the legal or equitable ownership interest in the Property, and the
Property exceeds one acre in size;
3
Development Agreement between City and Developer No.4 CPBAP Final Rev 10 1305.DOC
1.9.3 Westgate's application to enter into this Agreement has been made on forms
approved, and contains all information required, by the Director;
1.9.4 The status of Westgate as the owner of, or holder oflegal or equitable interests in,
the Property has been established to the satisfaction of the Director;
1.9.5 Westgate's application was accompanied by the fee established pursuant to
Chapter 19.32 (Application and Fees) and all other lawfully required documents,
materials and information;
1.9.6 The Director received, reviewed and processed Westgate's application for
consideration by the Planning Commission of the City (the "Planning
Commission"), and the Council and has recommended that the Commission and
the Council approve Westgate's application and the City entering into of this
Agreement;
1.9.7 The City has complied with all requirements of the California Environmental
Quality Act ("CEQA") and all other applicable laws in the approval of this
Agreement and adopting the Resolution (hereinafter defined).
1.9.8 All other requirements under applicable law have been satisfied by Westgate or
the City with respect to this Agreement.
1. I 0 Planning Commission and Common Council Hearings. On October 4, 2005, the Planning
Commission, after giving the notice required by law, held a public hearing to consider the
:)1""; ',.. {',~ adoption of this Agreement. At the conclusion of the public hearing, the
P 1..b,., "dission recommended to the Council that this Agreement be adopted as
proposed. On October 17, 2005, the Council, after providing notice as required by law,
held a public hearing to consider the application for adoption of this Agreement. The
Resolution was adopted by the City in accordance with the requirements and procedures
set forth in Section 19.40.030 of City Code Chapter 19.40, approving the application for
adoption of this Agreement, authorizing execution of this Agreement by the Mayor of the
City and setting forth findings (with supporting facts) referenced in Section 1.9 above.
1. I I City Resolution. On October 17, 2005, the Council adopted Resolution No. (the
"Resolution") approving this Agreement. The Resolution became effective on
, 2005 (the "Effective Date").
1.12 City Code Chapter 19.40 Mandatory Contents. This Agreement does contain the
provisions required by Section 19.40.040 (I) of the City Code Chapter 19.40, as follows
(paragraph references are to said Section 19.40.040 (1 )):
1.12. I Duration - see Section 3.2 of this Agreement;
1. I 2.2 Uses, density, intensity, height and size - see Sections 3.3 and 3.4 and Exhibit B
of this Agreement;
4
Development Agreement between City and Developer NO.4 CPBAP Final Rev IOI305.DOC
1.12.3 No reservation or dedication of land for public purposes IS contained in this
Agreement;
1.12.4 No protection against fee increases - see Section 3.4.2(a)(ii) of this Agreement;
1.12.5 Tiered amendment process - see Section 7.2 of this Agreement; and
1.12.6 Health and safety exception - see Section 3.4.2(b) of this Agreement.
2. CERTAIN DEFINITIONS. In this Agreement, unless the context requires otherwise (and in
addition to other defined terms in this Agreement):
2.1 "Citv Code Chapter 19.40" means Chapter 19.40 of the City Development Code in effect
as of the Effective Date.
2.2 "General Plan" meanS the San Bernardino City General Plan in effect as of the Effective
Date.
2.3 "Westgate Assignee" means a Person (a) to whom Westgate (or a Westgate Assignee)
expressly assigns its rights and obligations under this Agreement, and (b) who is an Owner
of the Property. An Owner shall not be a Westgate Assignee merely due to being an Owner
but may be a Westgate Assignee if (a) and (b) under this Section 2.3 are satisfied.
2.4 "Owner" means any Person that owns a parcel in the Property, except that the term
"Owner" shall not include (a) IVDA, (b) any governmental entity that owns merely a right-
of-way, easement for a right-of-way or utility easement, or (c) any utility company that
owns merely an easement or a sub-station or similar facility.
2.5 "Person" means any natural person, firm, association, organization, business trust,
partnership, joint venture, limited liability company, corporation or other legal entity.
2.6 "Property" means the real property (improved or unimproved) situated in San Bernardino,
San Bernardino County, California, described in the attached Exhibit A.
2.7 "Specific Plan" means the San Bernardino International Trade Center Specific Plan, as
adopted on March 4, 1996 and amended on September 3, 1999 and November 1, 1999, and
as further amended by City Resolution No. 2004-324 approved by the City on October 7,
2004.
3. DEVELOPMENT OF THE PROPERTY; VESTED PROVISIONS
3.1 Citv Code Chapter 19.40. This Agreement is subject to the provisions of City Code Chapter
19.40.
3.2 Term. The term of this Agreement shall commence on the Effective Date and extend for a
period ending 20 years following the Effective Date.
5
Development Agreement between City and Developer No.4 CPBAP Final Rev 10 130SDOC
3.3 Vested Provisions. Westgate shall have the vested right, to the fullest extent allowed under
the California Development Agreement Legislation and except as otherwise expressly
provided in this Agreement, to develop the Property in accordance with the specific
provisions of the Specific Plan identified on the attached Exhibit B, all as in effect as of the
Effective Date and the other provisions of this Agreement (the "Vested Provisions"). All
existing and future rules, regulations, ordinances, resolutions and policies of the City as
applied to any use or development of the Property, shall be interpreted and enforced in a
manner consistent with the Vested Provisions.
3.4 Changes in the Vested Provisions.
3.4.1 Except as provided in Section 3.4.2 below, any change in, or addition to, the
Vested Provisions adopted or becoming effective after the Effective Date,
including any change by means of ordinance, initiative, referendum, resolution,
motion, policy, order or moratorium, initiated or instituted for any reason
whatsoever and adopted by the Council, the Planning Commission or any other
commission or department of the City, or any officer or employee thereof, or by
the electorate, as the case may be, which would, absent this Agreement, otherwise
be applicable to the Property, shall not be applied to the Property to the extent that
any such change or addition conflicts or is inconsistent with any of the Vested
Provisions.
3.4.2 Notwithstanding the provisions of Section 3.4.1 above:
(a) The following shall apply to the Property to the same extent the same
apply uniformly to other property and projects in the City: (i) changes in
the City's building, plumbing, electrical, fire and grading codes and
ordinances, (ii) increases in development fees (from which increases this
Agreement provides no protection to Westgate, (iii) imposition of new
fees applied on City-wide uniform and non-discriminatory basis including
traffic mitigation fees, and (iii) changes in state or federal law;
(b) The Vested Provisions may be modified only by the City as it determines
to address a compelling public necessity regarding health and safety that
cannot reasonably be addressed by other means or to comply with any
later adopted federal or state law or regulation; and
(c) The City may make changes in or additions to the Vested Provisions that
otherwise would be prohibited by this Agreement if the City first obtains
the written consent of Westgate.
3.4.3 RESERVED
3.4.4 Westgate recognizes and agrees that nothing contained in this Agreement or the
Vested Provisions precludes the City from finding and determining that other
mitigation measures are required directly resulting from the impacts of specific
development occurring on the Property. Such development-specific mitigation
6
Development Agreement between City and Developer No.4 CPBAP Final Rev 101305. DOC
measures may be in the form of the requirement to construct, modify or install
new or existing public improvements and public facilities for such infrastructure
items as public streets, roadways, landscaping, utilities, drainage and flood control
improvements, water and sewer facilities, street lighting and signal lights or
monetary payments in lieu of the construction of any or all of such public
improvements.
3.4.5 Westgate recognizes that there are parcels of land included within the Specific
Plan which are not a part of the Property. Westgate agrees that the City may
amend or modify or rescind the Specific Plan as to any other properties which are
not included within the Property in any manner deemed reasonable or necessary
under the circumstances without any approval right by Westgate pursuant to this
Agreement. Nothing shall prevent Westgate from exercising all other rights
available under State law with respect to any amendment of the Specific Plan as
to such properties that are not included within the Property.
3.. '1
3.4.7 RESrrVFD
3.5 Benefits. All of the benefits of the Vested Provisions and this Agreement apply to all of
Property, as covenants running with the land.
4. PERIODIC REVIEW
4.1 Time of Review. This Agreement shall be reviewed by the City at least once a year in
accordance with California Government Code section 65865.1, on or before the
anniversary date of the recordation of this Agreement, in order to ascertain the good faith
compliance by Westgate with the terms of this Agreement. Westgate shall submit an
Annual Monitoring Report demonstrating its good faith compliance with the terms of this
Agreement within 30 days after written notice from the City of the date of the review to be
conducted by City. Following any such review, the City shall notify Westgate in writing
within 30 days of its determination as to compliance or noncompliance with the terms of
the Agreement. The annual review procedure set forth herein and in Government Code
Section 65865.1 shall be applicable during the term of this Agreement.
4.2 Failure to Conduct Periodic Review. In the event the City fails to conduct the periodic
review, such failure shall not be deemed approval by the City of Westgate's good faith
compliance with the terms of this Agreement, and the City may undertake an independent
review of Westgate's performance since the date of the last annual review, or as of the
Effective Date, as applicable, unless Westgate shall have submitted an Annual Monitoring
Report to the City demonstrating its good faith compliance with the terms of this
Agreement notwithstanding the lack of notice from the City as provided in Section 4.1
above. In the event the City has not taken action to accept or reject such Annual
Monitoring Report within 90 calendar days after receipt, Westgate shall then be deemed to
have complied in good faith with the terms of this Agreement.
7
Development Agreement between City and Developer No.4 CPBAP Final Rev 101305. DOC
4.3 Cost of Periodic Review. Westgate shall pay to the City the actual cost incurred by the
City in conducting any such periodic review as provided in Sections 4.1 and 4.2 above.
The actual cost of such review shall be based upon the City fee structure then in effect,
including the salaries and reasonable costs and expenses of the Office of the City Attorney
or any other experts and other legal Counsel retained by the Office of the City Attorney
with respect to such review. Westgate shall submit the review fees concurrently with
submission of the Annual Monitoring Report pursuant to Sections 4.1 and 4.2 above if
such a published applicable fee structure then is in effect and shall also submit a deposit
for the estimated City fees (if a set amount is not specified in a published fee schedule) and
the estimated salaries and reasonable costs and expenses to be incurred by the Office of the
City Attorney promptly after receipt of such estimate from the City.
5. DEFAULT.
5.1 Events of Default. A default under this Agreement shall be deemed to have occurred upon
the happening of one or more of the following events or conditions:
5.1.1 A warranty, representation or statement made or furnished by Westgate to the
City in or under this Agreement is false in any material respect when it was made.
5.1.2 A good faith finding and detennination by the City made following a periodic
review under the procedure provided for in California Government Code section
65865.1 and Section 4.1 above that upon the basis of substantial evidence
Westgate has not complied in good faith with one or more of the terms or
conditions of this Agreement.
5.1.3 Any other act or omission by the City or Westgate that breaches or materially
interferes with any of the terms of this Agreement.
5.2 Procedure upon Default. Neither the City nor Westgate may exercise any remedies with
respect to an event of default referenced in Section 5.1 above unless the party claiming a
default by the other party gives a written notice to the alleged defaulting party specifying
the event of default and such event of default is not cured within the applicable Cure
Period (hereinafter defined). The term "Cure Period" as used herein means (a) with
respect to an event of default that reasonably can be cured within 30 days, the period of 30
days following the receipt of such written default notice,-and (b) with respect to an event of
default that cannot reasonably be cured within 30 days, and if efforts are commenced to
cure such default within 30 days following the receipt of such written default notice, the
period reasonably required to complete such cure with diligent prosecution.
5.3 Remedies. All remedies, at law or in equity, shall be available to the City and Westgate
with respect to any default under this Agreement. Notwithstanding the above, each party
acknowledges that monetary damages would not be an adequate remedy if the other party
fails to carry out its obligations under this Agreement. Therefore, specific performance of
this Agreement is an available and necessary remedy in order to fully compensate a party
if the other party fails to carry out its obligations under this Agreement, and each party
hereby agrees that the other party shall be entitled to specific performance in the event of a
8
Development Agreement between City and Developer No.4 CPBAP Final Rev IOl305DOC
default hereunder. Further, notwithstanding anything in this Agreement to the contrary,
the acts of one Owner of a parcel within the Property shall not affect the rights under this
Agreement with respect to any other parcel within the Property. The City may, as provided
in the immediately following sentence and in addition to such other rights and remedies
that it may have as provided herein, terminate this Agreement as to any default which is
not timely cured by Westgate, or by any Mortgagee (hereinafter defined) as the case may
be, in the manner as provided herein. After all cure periods have been exhausted, the City
may terminate this Agreement upon delivery of a notice of termination to Westgate and to
any Mortgagee of which the City has notice, which notice of termination shall be effective
as to the termination of this Agreement within 15 days after receipt by Westgate or such
Mortgagee if such default remains uncured.
5.4 Institution of Legal Action. The prevailing party in any legal action arising from or in
connection with this Agreement, whether by final judgment or out-of-court settlement,
shall be entitled to recover from the other party reasonable attorneys' fees and costs
incurred by such prevailing party. Legal actions shall be instituted in the Superior Court of
the County of San Bernardino, San Bernardino District, State of California. The costs,
salary and expenses of the City Attorney and members of the City Attorney's Office,
and/or those of outside counsel retained by the City, in enforcing this Agreement on behalf
of the City shall be considered as "attorneys' fees" for purposes of this Section 5.4.
6. PROTECTION OF MORTGAGE HOLDERS.
6.1 Protection of Mortgage Holders. Westgate and the City agree that this Agreement shall not
prevent or limit Westgate (or any Owner), in any manner, at Westgate's (or such Owner's)
sole discretion, from encumbering the Property or any portion thereof or any improvement
thereon (owned by Westgate or any other Owner, as the case may be) by any mortgage,
deed of trust or other security device securing financing with respect to such Property. The
City acknowledges that the lenders providing such financing ("Mortgagees") may require
certain Agreement interpretations. Accordingly, the City agrees, upon the written request
of Westgate (or the applicable Owner), to meet from time to time with Westgate and
representatives of such Mortgagees to negotiate in good faith any such request for
interpretation. The party making such request shall be obligated for the payment or
reimbursement to the City of all costs incurred by the City directly related to this provision
to meet and negotiate any such requests for interpretation and, upon request by the City,
shall make a cash-equivalent deposit in an amount of such costs as reasonably estimated by
the City in advance of the City entering into such negotiations. The City will not
unreasonably withhold its consent to any such requested interpretation, provided such
interpretation is consistent with the intent and purposes of this Agreement. Any Mortgagee
of all or any portion of the Property shall be entitled to the following rights and privileges:
6.1.1 Neither entering into this Agreement nor a breach of this Agreement shall defeat,
render invalid, diminish or impair the lien of any mortgage on all or any portion
of the Property.
6.1.2 If the City timely receives a written request from a Mortgagee requesting a copy
of any notice of default that may be given to Westgate under the terms of this
9
Development Agreement between City and Developer No.4 CPBAP Final Rev IOI30S.DOC
Agreement, the City shall provide a copy of that notice to the Mortgagee within
one day of sending the notice of default to Westgate. The Mortgagee shall have
the right, but not the obligation, to cure the default during the remaining cure
period allowed such party under this Agreement.
6.1.3 Any Mortgagee who comes into possession of all or any portion of the Property,
pursuant to foreclosure of the mortgage or deed of trust, or deed in lieu of such
foreclosure, shall take the Property or part thereof subject to the terms of this
Agreement, including the right of the City to terminate this Agreement in the
event that a default under this Agreement by Westgate is not cured during the cure
periods provided in Sections 5.2 and 5.3 above. Notwithstanding any other
provision of this Agreement to the contrary but subject to the immediately
preceding sentence, no Mortgagee shall have an obligation or duty under this
Agreement to perform any of Westgate's obligations hereunder or to guarantee such
performance.
7. GENERAL PROVISIONS.
7. I Assignment. Nothing in this Agreement affects Westgate's or any other Owner's rights to
own, transfer, conveyor encumber all or any portion of the Property owned by Westgate or
such other Owner. Westgate (or a Westgate Assignee) shall have the right to assign,
without the consent of the City, all or part of its rights and obligations under this
Agreement to a Person who is a Westgate Assignee. Upon the assignment of this
Agreement to a Westgate Assignee, (a) the assignor (Westgate or a Westgate Assignee, as
the case may be) shall be released from this Agreement when (i) written notice of such
assignment is given to the City, and (ii) the Westgate Assignee assumes in writing the
obligations of Westgate under this Agreement with a copy thereof delivered to the City,
and (b) the term "Westgate" as used in this Agreement shall mean such Westgate
Assignee. No other Owner shall have any right to assign this Agreement or any rights
thereunder.
7.2 Amendment or Termination of this Agreement. Except as provided in Section 5.3 above
(for termination as a remedy for an uncured default), this Agreement may be amended or
terminated with respect to any parcel within the Property only by written agreement signed
by the then current Owner of such parcel and the City after approval by the Council,
without the necessity of the joinder of any other Person; provided, however, any
amendment or termination of this Agreement shall not be effective with respect to any
parcel in the Property or with respect to the rights under this Agreement of any Owner
unless the Owner of such parcel or the Owner whose rights are so affected also is a
signatory to such amendment or termination. In order for any such amendment or
termination to be effective, it must be adopted by the City by resolution as set forth in the
California Development Agreement Legislation and must be in form suitable for recording
in the Official Records of San Bernardino County, California. In accordance with City
Code Chapter 19.40, the procedure for an amendment to this Agreement shall be a tiered
amendment review procedure as follows:
10
Development Agreement between City and Developer No.4 CPBAP Final Rev IOI30S.DOC
(a) proposed amendments that are development related (such as affecting
uses, density, height, coverages or setbacks) must be submitted to the
Planning Commission of the City for recommendation for approval or
non-approval and then forwarded to the Council for detennination, at the
Council's discretion, of approval or non-approval, with the Council not
being bound to accept the Planning Commission recommendation; and
(b) all other proposed amendments must be approved by the Council at its
discretion.
7.3 Hold Harmless. Westgate shall (a) defend, indemnify and hold harmless the City and the
City of San Bernardino Economic Development Agency (the "EOA"), their officers,
elected officials, attorneys, departments, boards, commissions, employees and agents
(collectively, the "Indemnified Parties from any claim, action or proceeding against the
Indemnified Parties to attack, set aside, void or annul the decision to enter into this
Agreement or any of the proceedings, acts or determinations taken, done or made prior to
and relating to such decision; and (b) reimburse the Indemnified Parties for any court
costs and attorney's fees which the Indemnified Parties may be required by a court to pay
as a result of such approval. At its sole discretion, the City and/or the EDA may
participate at its own expense in the defense of any such action, but such participation
shall not relieve Westgate of any obligation imposed by this Section 7.3. The City and/or
the EDA shall notify Westgate promptly of any claim or action and cooperate fully in the
defense. Westgate, the City and/or the EDA shall jointly select legal counsel to represent
the City and/or the EOA in any such proceeding. The City and/or the EOA, without
Westgate's written consent, shall not settle any claim that is subject to the indemnity
under this Section 7.3. If during the proceeding a settlement demand is made and
Westgate is willing to satisfy the settlement demand and the City and/or the EDA rejects
such settlement demand, Westgate's indemnity obligation in this Section 7.3 shall from
that point forward not exceed the amount of the settlement demand. Notwithstanding any
language to the contrary in this Section 7.3 or elsewhere in this Agreement, Westgate
shall have no indemnity obligations to the Indemnified Parties for claims that arise from
or are alleged to arise from (i) the negligence or willful misconduct of any of the
Indemnified Parties, or (ii) any costs or legal expenses that arise from any suit or action
commenced by any of the Indemnified Parties, except if such suit or action is commenced
to enforce the rights of the City against Westgate as provided in Section 5.4 above.
7.4 Binding Effect. Except to the extent otherwise provided in this Agreement, the burdens
of this Agreement bind, and the benefits of this Agreement inure to, the City's and
Westgate's respective successors in interests and assigns, including as provided in
Section 3.5 above and in Section 7.5 below.
7.5 Relationship of the City and Westgate; Third Party Beneficiaries. The contractual relationship
between the City and Westgate (and any other signatory to this Agreement) arising out of
this Agreement is one of independent contractor and not agency. Nothing in this
Agreement shall be construed as making the City and Westgate (or any other signatory to
this Agreement) joint venturers or partners. There are no third party beneficiaries and
this Agreement does not create any third-party beneficiary rights; provided, however, (a)
II
Development Agreement between City and Developer No.4 CPBAP Final Rev IOI305.DOC
the provisions of this Agreement regarding development rights applicable to the Property
shall apply to and be enforceable by any Owner with respect to the portion of the
Property owned by such Owner, and (b) an Owner has the rights set forth in Section 7.2
of this Agreement regarding amendment and termination of this Agreement.
7.6 Notices. Any notice to be provided or permitted under this Agreement shall be in
writing, signed by the party giving such notice and sufficiently given if hand delivered,
delivered by an overnight messenger/delivery service or mailed by registered or certified
mail, postage prepaid, return receipt requested, addressed as set forth below. Such
notices, if delivered (i) by hand, shall be deemed given when delivered, (ii) by an
overnight messenger/delivery service. shall be deemed given upon delivery or one
Business Day (hereinafter defined) after the sending of such notice, whichever occurs
earlier, and (iii) by mail, shall be deemed given five Business Days after deposit in the
U.S. mail. Notice that starts the running of any cure period and that is delivered on a
non-Business Day shall be deemed delivered on the next following Business Day ifleft at
the notice address or the next Business Day on which it is redelivered if it is not left at the
notice address.
The names and address of those representatives of each party to which notices shall be
sent are:
If to City, to:
City of San Bernardino
300 North D Street
San Bernardino, CA 92418
Attention: Director of Development Services
and
San Bernardino City Administrator
300 North D Street, Sixth Floor
San Bernardino, CA 92418
If to Westgate, to:
Hillwood/San Bernardino, LLC
105 North Leland Norton Way
Suite 3
San Bernardino, California 92408
With copies to:
Hillwood/San Bernardino, LLC
Three Lincoln Center
5430 LBJ Freeway, Suite 800
Dallas, Texas 75240
Attn: Chief Legal Officer
12
Development Agreement between City and Developer No.4 CPBAP Final Rev 101305. DOC
Such addresses shall be subject to change from time to time to such other representatives
or addresses as may be specified in written notice given by the intended recipient to the
sender in accordance with this Section 7.6.
7.7 Estoppel Certificates. At the request of either party, the other party, within ten calendar
days after receipt of such request, shall certify in writing that, to the best of its
knowledge, (a) this Agreement is in full force and effect and is a binding obligation of the
certifying party, (b) this Agreement has not been amended or modified, except as is
expressly stated in that estoppel certificate, and (c) no default in the performance of the
requesting party's obligations as provided in this Agreement exists, except as expressly
stated in that estoppel certificate.
7.8 Rules of Construction. The singular includes the plural; the masculine gender includes
the feminine; "shall" is mandatory; "may" is permissive. The word "including" as used
herein shall be deemed to mean "including, but not limited to". A "Business Day" is a
day other than a Saturday, Sunday or City holiday.
7.9 Entire Agreement and Waivers. This Agreement constitutes the entire understanding and
agreement of the City and Westgate with respect to the matters set forth in this
Agreement. This Agreement supersedes all negotiations or previous agreements between
the City and Westgate respecting this Agreement. All waivers of the provisions of this
Agreement must be in writing and signed by the appropriate authorities of the City and
Westgate.
7.10 Incorporation of Recitals and Exhibits. The recitals set forth in Section I of this
Agreement and exhibits referenced in this Ab'Teement are incorporated in and part of this
Agreement.
7.11 Captions. The captions of this Agreement are for convenience and reference only and
shall not define, explain, modify, construe, limit, amplify or aid in the interpretation,
construction or meaning of any of the provisions of this Agreement.
7.12 Consent. Where the consent or approval of the City or Westgate is required in or
necessary under this Agreement, such consent or approval shall not be unreasonably
withheld, delayed, or conditioned.
7.13 Covenant of Cooperation. The City and Westgate shall cooperate, deal with and assist
each other in good faith in connection with the performance of the provisions of this
Agreement.
7.14 Recording. The City Clerk shall cause a copy of this Agreement to be recorded with the
Office of the County Recorder of San Bernardino County, California, within ten days
following the execution of this Agreement.
7.15 Severability. Every provision of this Agreement is and shall be construed to be a separate
and independent covenant. Without limiting the generality of the foregoing, if any
provision of this Agreement is found to be invalid or unenforceable for any reason, then
13
Development Agreement between City and Developer No 4 CPBAP Final Rev 10 1305 DOC
the remainder of this Agreement shall not be affected and shall be enforced to the extent
permitted by law and the parties shall negotiate in good faith for such amendments to this
Agreement as may be necessary to achieve its intent, notwithstanding such invalidity or
unenforceability.
7.16 Further Actions. Whenever and as often as it is requested to do so by the other party,
each party shall execute, acknowledge and deliver or cause to be executed, acknowledged
or delivered, any and all such further documents as may be reasonably necessary,
expedient or proper in order to achieve the intent of this Agreement.
7.17 Interpretation and Governing Law. This Agreement and any dispute arising hereunder
shall be governed and interpreted in accordance with the laws of the State of California.
[SIGNATURE PAGE FOLLOWS]
14
Development Agreement between City and Developer No.4 CPBAP Final Rev 10 1305.DOC
IN WITNESS WHEREOF, this Agreement has been executed by the City of San
Bernardino, acting by and through its Mayor and Common Council, pursuant to Resolution
No. authorizing such execution, and by Westgate.
day of
,2005.
Dated this
CITY
WESTGA TE
CITY OF SAN BERNARDINO
WESTGATE NO.1, L.P"
a California limited partnership
By:
Name
Title
Judith Valles
Mayor
By: HIL Westgate GP, LLC,
a California limited liability company,
its general partner
City Clerk
By: Hillwood Investment Land, L.P"
a Texas limited partnership,
its sole member
Approved as to Form and Legal Content:
tk .-) /2
(.,L).-1--,..- A;;' -I l {~/! '1 -'--"_-4-.
(/ ) City Attorney
./
By: Hillwood Operating, L.P"
a Texas limited partnership,
its general partner
By: Hillwood Development Company, LLC,
a Texas limited liability company,
its general partner
By:
Name:
Title:
Development Agreement No.4
Exhibit A - Property
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Parcel 2
Lot Line Adjustment No. 04-001
Parcel 2 of City of San Bel11ardino Certificate of Compliance for Lot Line Adjustment No.
04-00 I, recorded May 6, 2004 as Instrument No. 2004-03 16870, Official Records of San
Bemardino County, Califol11ia, described as follows:
Those portions of Lots I and 2 of Block 45, of the Rancho San Bemardino on file in Book 7
of Maps, Page 2 thereof, Records of San Bemardino County, Califol11ia, located in the City of San
Bel11ardino, and being more particularly described as follows:
COMMENCING at the intersection of the centerline of Tippecanoe Avenue and Mill
Street as shown by Record of Survey No. 98-0019 on file in Book 110 of Records of Surveys,
Pages 51 through 53 thereof;
Thence N.00025 'OO"W. along the centerline of said Tippecanoe A venue, a distance of 41.25
feet, to the easterly prolongation of the northerly line of said Mill Street, said northerly line being a
line parallel with and 4 I .25 feet northerly of said centerline of Mill Street, and being the POINT
OF BEGI:\'NING;
Thence S.89038'20"W. along said northerly line, a distance of I I I 5.25 feet;
Thence N.0002 I '40"W., a distance of 120.59 feet;
Thence N .22025'55"E., a distance of 169.64 feet;
Thence N.00025'00''W., a distance of359.44 feet (formerly 359.84 feet);
Thence N.89035'00"E., a distance of 1 049.25 feet, to the centerline of said Tippecanoe
A venue;
Thence S.00025'00"E. along said centerline, a distance of637.45 feet, to the Point of
Beginning.
SUBJECT TO an easement for Public Street and Highway purposes over Tippecanoe
Avenue in favor of the City of San Bemardino, recorded March 13,2002 as Instrument No. 2002-
0124767, Official Records of San Bel11ardino County, California.
The above described parcel oflancl contains 15.643 acres, more or less.
Development Agreement No.4
Exhibit B - Vested Property
EXHIBIT B
VESTED PROVISIONS
The following portions and provisions of the Specific Plan are the Vested Provisions:
(a) Chapter IV, Paragraph D, entitled "Land Use", on pages IV-4 through IV-6
(including Land Use Districts Map, Exhibit IV-2, at page IV-5 and Land Use
Summary Table IV -I at page IV -6).
(b) Chapter V, Paragraph F, entitled "Land Use Districts", on page V-9 and pages
V-II through V-25 (including the Suggested and Permitted Use Table V-2 at page
V-22 and the Trade Park District Table V-3 at page 24-25).
(c) Chapter V, Subparagraph G.I, entitled "General Standards", on pages V-26 and
V-27 (including the Development Standards Table VA at page V-27).
(d) City Resolution No. 2004-324, approved by the City on October 7, 2004.
Copies of the above-referenced vested provisions ofthe Specific Plan are attached as part of this
Exhibit B, which vested provisions are current as of the date of the last amendment to the
Specific Plan dated October 17,2005.
Development Agreement between City and Developer No.3 CP vI 1. DOC
Exhibit B
I
EXHIBIT B, Item (a)
LAND USE
Chapter IV, Paragraph D
PAGES:
IV -4 through IV-6
EXHIBITS:
Land Use Districts Map Exhibit IV-2 found on page IV-5
TABLES:
Land Use Summary Table IV-l found on page IV-6
I
C,6 A4.9-acre parcel between Tippecanoe Avenue and Memorial Drive wAas heeR transferred
to the U.S. Forest Service (USFS). However. federallee:islation is eHrrentlv eenElinehas
been enacted bv Congress to Drovide for the transfer of this site bae*-to the IVDA
aMtofi!:cther with the USFS moving to another location outside the Specific Plan boundaries
fer the p"rflese ef in'ielviRg the USPS, tAe CaliferRia Department sf Ferestl)' aasFire
Pfeteetien, the Ge':emer's Omee efElftergeney Sl:lf'\'iees ana etker ageReies in ajeint Nse
pfegFlHR Fefel'fea te as FIRBSCOP6. Tkis Hse is eeasi9teRt with tile Oftiee aesigftatien
skewR ea tkeSpeeif.ie Plan.
c., A 15.64If!,.acre parcel along Perimeter Road lhas currently in the process of beleng
transferred to the San Manuel Indian Tribe as Public Benefit land and an additional Darcel
of approximatelv 30 acres was transferred from the Air force to the IVDA and then to the
San Manuel Indian Tribe as part of the EDC. Another 2.26-acre parcel north of Harrv
Sheooard Boulevard and west of Del Rosa Drive is also pendine: transfer to the San Manuel
Indian Tribe.
The use of these parcels shall be restricted to the types of uses described above and as stipulated in
the Department of Defense (DOD) Record of Decision (ROD). Use ofany existing structures shall
be consistent with the General Standards specified in Chapter V, Section 19.30.030 of this Specific
Plan. Copies of the Records of Decision are provided in Appendix A. A detailed survey of the
boundaries of these parcels has been prepared and is on file with the IVDA and the City of San
Bernardino Planning Department
D. LAND USE
The land use element of the Specific Plan is intended to build upon the land use patterns previously
established and facilitate the orderly transition of the site to non-military use, accommodating new
construction when appropriate and utilizing existing building types and related uses as long as
possible in a compatible manner.
I The overall project site has been identified with fiye...~distinct land use districts~ including
. research and development, trade park, meftiee, industrial, eEl Feereati8ft epea !lt3aee. Each land
use district responds to a unique set of needs, opportunities and constraints offered by the existing
setting and conditions.
The land use districts represent broad policy groupings of common land uses combined with several
unique aspects that require a focus at a more detailed scale. Thus; the discussion of each district
includes a block by block set ofland use planning guidelines that will serve as the basis for the land
use controls and opportunities.
These land use districts are illustrated in Exhibit IV -2 and summarized in Land Use Table IV -I. As
shown, the,8pecific Plan proposes an ultimate buUdout of~ 12.18+ million square feet
of building floor area. -This represents an increase of approximately ~ million square feet over
the previous existing building floor area in this section of the Base. The land use districts are further
defined in Chapter V.
IV-4
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TABLE IV-I
SAN BERNARDINO INTERNATIONAL TRADE CENTER SPECIFIC PLAN
LAND USE SUMMARY
District
District Name Number FAR Acreage Bldg. S.F.
Research & Development 1 0.5. 109.6 2,225,916
Trade Park 3 0.5 152.8 3,327,984
Gftiee 4 M ~ 1lSm8
Industrial Sa 0.5 .lH.2~ . 3.373.2861,861,368
Sb 0.25 .ill..2HM 1.262.0421,517, 169
Sc 0.5 12.6 274,428
Sd 0.5 ~ 1,.w82.m~
S~ 0.5 29.2 635,976
Subtotal: 1W~ 6.626.0201,791,867
ReereeBBII Ol'ell 8J!laee e G -l4:a. G
TOTAL 6~~2 12.179.92011,199,7
41-
I The FAR of 0.5 does not apply to the 7.4 acre parcel deeded to the City for recreation purposes.
2 Excludes arterial streets.
E. CIRCULATION
When Norton Air Force Base was operational, public vehicular access through the facility was
restricted for security purposes. Major thoroughfares leading up to the fucility, such as Tippecanoe
Avenue, Del Rosa Drive and Mill Street were precluded from providing a greater role in facilitating
area-wide and regional circulation.
After military security was no longer required, these roadways were opened up, and now form the
foundation. for the future circulation network. This system will compliment the proposed land uses
and Unk the site to the surrounding roadway network.. The IVDA has completed construction of
major improvements to the following roads: Tippecanoe Avenue between Mill Street and Third
~. Sheppllfd Beule'lard; Harry Sheppard Boulevard between Tippecanoe Avenue and
Leland Norton Way; Mill Street from Lena Road to Tipl'CCanoe Avenue. Third Street from
Tipoecanoe Avenue to Del Rosa Drive. and Del Rosa Drive between Third Street and Harry
Sheppard Boulevard.. These streets will serve as the primary backbone circulation system for the
Specific Plan area, while simultaneously linking the site to the existing external circulation network.
Additionally, recommendations have been included in the plan for upgrading the regional
circulation network to meet projected needs. It is afttieipatel:! that Mill Street iRlpFevelMB~ u.em
IV-6
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I
EXHIBIT B, Item (b)
LAND USE DISTRICTS
Chapter V, Paragraph F
PAGES:
Page V-9
Pages V-ll through V-25
TABLES:
Suggested and Permitted Use Table V-2 found on page V-22
Trade Park District Table V-3 found on page 24-25
New traffic signals have been installed at the intersections of Tippecanoe A venue and Harry
Sheppard Boulevard, Del Rosa Drive and Harry Sheppard Boulevard, Tippecanoe and Palm
Meadows Drive and Lena Road and Mill Street, again as part of the scheduled road improvements
being installed with the first phase infrastructure improvements.
A traffic signal is also planned at Third Street and Leland Norton Way as part of the access
improvements planned by the San Bernardino International Airport. Lastly, a new traffic signal will
be required at the intersection of Third Street and Central Avenue (in the City of Highland) at such
time as new development activity provides sufficient additional traffic to warrant that improvement.
F. LAND USE DISTRICTS
F.l The purpose of each Land Use District is defined as follows:
F.l.l District 1 - Research and DeveloDment (R&Dl
Located between Harry Sheppard Boulevard on the south, Third Street on the north,
Tippecanoe Avenue on the west, and Del Rosa Drive on the east (see Exhibit V -4), Research
and Development (District I) is intended to accommodate a wide variety of research and
development related uses including manufacturing, light industrial, neighborhood
commercial, laboratories, office professional use, vocational training and educational
facilities, institutional, and recreational open space. The intent is to combine these land uses
and implement them under a "campus" concept, which ties these uses together with br<:tad
landscaped and well lighted pedestrian walkways.
The extent to which raw materials will be manufactured will be limited to that necessary to
adequately test and analyze new products. The scale and intensity of these uses may allow
for the interim use of existing building stock. Research and development facilities may
include the manufacturing, assembly and testing of products which are characterized as clean
and generate non-hazardous byproducts.
Neighborhood commercial uses may include a food court, retail stores, neighborhood
services, and restaurants.
Desired office uses would include a broad range of supporting uses in a well landscaped
setting. Potential uses include medical offices and clinics, corporate offices, governmental
and institutional uses, administrative and professional offices, dayClU'e facilities, fmancial
services and supporting commercial.
. Site design should consider existing uses within the research and development district (see
ExhiPit V-4). These existing uses include the Loma Linda University Medical Clinic on
Third Street.. 'Nest sf Otte Geriek-e Drive which serves a medical clinic to the local area
population, Additionally, the San Bernardino Community College District facility located
on the west side of Del Rosa Drive north of Harry Sheppard Boulevard should encourage the
establishment of business incubator uses that would benefit from the existing educational
V-9
"
-"
Exhibit V-4
Research & Development (R&D)
Land Use District 1
,
N
1
NO SCALE
LOCATION: THE RESEARCH AND DEVELOPMENT DISTRICT
IS BOUNDED ON THE WEST BY TIPPECANOE AVENUE, ON
THE NORTH BY THIRD STREET I ON THE EAST BY DEL ROSA
DRIVE AND ON THE SOUTH BY HARRY SHEPPARD BOULEVARD.
facilities. The existing City of San Bernardino Recreation Park facilities located at the
northwest comer ofRialto Avenue and Del Rosa Drive should encourage a commercial health
club or similar facility.
The vocational and educational uses may range from a potential special attendance high
school for technical and research training to Community College District facilities for post-
high school education and training. All of these facilities will be oriented to research and
development activities associated with technical park facilities and activities.
As a matter of policy, the specific plan does not propose the retention of residential housing
units. The existing officers housing along Tippecanoe Avenue will need to be removed prior
to development in this area.
Parkway landscaping along Tippecanoe Avenue shall be designed to enhance the sites
attractiveness and lessen the visual impact of adjacent parking areas. Condition should be
given to locating building mass to buffer potential airport noise from the site users.
Access points will be determined as part of the City's development review process and should
consider existing traffic patterns outside the specific plan area, coordination with office and
industrial uses to the south and tourist commercial and airport uses to the east.
F.1.2 District 2 - Tourist Commercial (TC)
Generally located at the southeast comer of Third Street and Del Rose Avenue (see Exhibit
V-5), Tourist Commercial District 2 is intended to include tourist commercial uses to
capitalize upon the site's proximity to the Airport. The type of uses desired for the site
include high quality restaurants, hotel, visitor serving and specialty retail, offices, airport-
related commeroiaVoffice support facilities, meeting and conference facilities.
Site design considerations include allowing primary access from Del Rosa Drive at a location
consistent with access to the Research and Development District 1 to the West.
The massing of buildings should occur along the southerly and easterly property lines to allow
for the creation of an internal site focus and visual orientation away from the airport. This
will also be beneficial by using the building mass to buffer potential airport noise from site
users. The combined attributes of the Tourist Commercial District 2 location and allowed
uses provide the opportunity to establish individuaVfreestanding uses such as restaurants at
the northwest and northeast comers of the site. Parking areas will be located within the
center of the site and be screened from adjacent streets with parkway landscaping.
F.1.3" District 3'-'- Trade Park (TP)
Generally located between Lena Road on the west, a drainage channel. known as Timber
Creek on the north, Tippecanoe Avenue on the east, and Mill Street on the south (see Exhibit
V-6), this unique district is intended to provide the image ofa self-contained "World Trade
V-12
Exhibit V-5
Tourist Commercial (TC)
Land Use District 2
LOCATION: THE TOURIST COMMERCIAL DISTRICT 2 IS BOUNDED
ON THE WEST BY DEL ROSA DRIVE. ON THE NORTH BY
THIRD STREET AND ON THE EAST BY LELAND NORTON WAY.
Exhibit V-6
Trade Park (TP)
Land Use District 3
LOCATION: THE TRADE PARK DISTRICT 3 IS GENERALLY
BOUNDED BY LENA ROAD ON THE WEST, TIMBER CREEK
DRAINAGE CHANNEL ON THE NORTH, TIPPECANOE AVENUE
ON THE EAST, AND MILL STREET ON THE SOUTH.
.; "
F.l.4 Distriet II Omee (0)
Leeated l3etween Til3fleeaftEle ..\.veRue 9ft the ',vest, Hafl'}' 8he13flaFG Beule'l8l'e 9ft the RaRh,
Memorial Dri'le eft tlte ea5t, anEl Mill 89et aR ~ sellth (see BJthj\,it 'l 7), ames Distriet ~
is ",reposed te aeeommodate a broad1'8nge of omse anEl sllPl3erting eemmereiall:lses in a
well Jand!>saped seKiag. DesireEluses iflShfEle meeieal amaes aRe aliaies, eeFjJef81:e eGiees,
administFati...e aRe J'lFefessieflel amaas, day e&re faeilities, fiaaReial servieea aRElSl:lJ'll3eFtiag
eemmeFeial. Site design issues inelude IilllitiRg vehieular &aeess te Tifl)!eeanee AveRue at
a tetal af fallr eatFy drives. Right tuffts aRly ia aRd el:it ef tAG aFefl aleRg Tippeeanee ..'. velute
are Reeessary te maintain adequate "lehisular movement. V.ehisuJar assess paints aJeng
Memerial Drive .....m alse he aaBrdinated v:itlt Dismat S. The massing ef hailEliags will
Beeur )!rimarily alsng Tippeeanae N/eRue 'l:ith the paFldng area!> aEljaaeRt ta Memarial
Bfl:ye,.
F.l.5 District 5 - Industrial aND)
Located in thfe&.five distinct subareas (see Exhibit V-B), Industrial District 5 is intended to
accommodate a variety of industrial uses of varying scale and intensity, taking advantage in
two of these locations of the previous land use and building occupancy patterns established
during operation of the Base including the availability of large buildings, aviation related
activities, and compatibility with adjacent uses. It is expected that initial site tenants will
utilize existing buildings to the extent feasible. In all cases, any manufacturing, assembly
or similar activities must occur within an enclosed building.
Industrial Subarea Sa, generally located east of eew.'eea Memsrial Drive and Leland
]>leFteR W-ay Tiopecanoe Avenue and south ofHarrv Sheopard Drive (see Exhibit V-B),
Subarea Sa is proposed to include industrial uses, including manufacturing, assembly, ware-
housing and distribution facilities. Site design issues include the creation of vehicular access
points at generally equal intervals around the perimeter of the area. The location of these
access points will be based upon the location of adjoining access points and driveways
between existing industrial buildings. This access feature relates directly to the massing of
future buildings in an alignment similar to the existing building arrangement. By locating
buildings in this manner the existing. parking areas and mature trees can be retained.
Ve!dcular access points -should be generally evenly distributed, rather than grouped. Two
acceSs points are proposed along MemeRal Drive, Harry Sheppard Boulevard andtbree ~
Del Rasa Drive. ORe access points at Tiooecanoe Avenue. 'J.'ell.ld he allewed at tlte
eKteR5ien eo.~iU Street.
The area adjacent to Harry Sheppard Boulevard and Melllerial DriveTippecanoe Avenue
. shall be subject to increased setbacks and landscape screening to ensure compatibility with
adj~t land uses. It is expected that the existing on-site structures will be utilized on an
i!;lterim basis subject to improvements to satisfy public health and safety standards. The
transition over time to new construction will be dependent on user needs and requirements.
V-IS
Q
,
Exhibit V-7
Office CO)
Land Use District 4
LOCATION: THE OFFICE DISTRICT 4 IS LOCATED BETWEEN
TIPPECANOE AVENUE ON THE WEST.HARRY SHEPPARD BOULEVARD
ON THE NORTH, MEMORIAL DRIVE ON THE EAST AND MILL STREET
ON THE SOUTH.
Q
Exhibit V-B
Industrial (IND)
Land Use District 5
Subareas 5a. 5b. 5c
LOCATION: THE INDUSTRIAL DISTRICT 5 IS DISTRIBUTED INTO FOUR
SUBAREAS, INCLUDING 1) SUBAREA 5a, BOUNDED ON THE WEST BY
MEMORIAL DRIVE, ON THE NORTH BY HARRY SHEPPARD BOULEVARD,
ON THE EAST BY THE SOUTHERLY EXTENSION OF DEL ROSA DRIVE,
AND ON THE SOUTH BY THE EASTERLY EXTENSION OF MILL STREET
AND THE SAN BERNARDINO AIRPORT AUTHORITY BOUNDARY; 2) SUBAREA
5b. AN IRREGULARLY SHAPED AREA BOUNDED ON THE NORTH. BY THE SAN
BERNARDINO AIRPORT AUTHORITY BOUNDARY AND ON THE SOUTH BY
PALM MEADOWS DRIVE AND A UNE ROUGHLYPARALLEUNG THE SANTA
ANA RIVER; AND 3) SUBAREA 5c. BOUNDED BY THIRD STREET ON THE
NORTH, AND BY SAN BERNARDINO AIRPORT AUTHORITY BOUNDARY ON
THE REMAINING SIDES.
.;"
industrial Subarea 56 (see Exhibit V -8) is proposed to provide for golf course and future
industrial uses. The existing golf course will be maintained until the demand for industrial
land iustifies its develoDment.el(eeeds tftat available is the 1:lalaaee afthe Speeifie Plaa.
Site design considerations include coordinating access points along Palm Meadows Drive
with Subarea 5c as part of the City's development review process. At such time as this area
is to be converted from golf course to industrial development, an overall site plan shall be
prepared and approved by the City. It sheuld 1:le Elesigaea se that Ii parties aethe galf eaHfSe
GaB fema.is, pessi1:lly as a sise eale eoW'Se, servmg the initial develepment phase.
It is aBtieipatea teal: tBis aFea ':.ill Be the la5t ta 1:le elevelapeEl.
Industrial Subarea 5c (see Exhibit V-8) is located south of Palm Meadows Drive and is
DfQDOsed for future industrial uses. Site desim considerations include coordinatine: access
points alone: Palm Meadows Drive with Subarea 5b to the north, as Dart of the Citv's
develomnent review Drocess. Land uses and develoDment tvDes in this subarea shall be
similar to what is developed in Subarea Sb.
Industrial Subarea 5!!.e (see Exhibit V-8) is proposed to include industrial related facilities.
The uses for this subarea are proposed to be large industrial operations, such as manu-
facturing, assembly and distribution activities, in addition to aircraft sales and service, and
"through-the-fence operations." A "through the fence operation" means that an aviation
related or dependent industrial use backs up to and has direct access to airport operations
inside the fenced airport boundary. This allows planes to come directly to the facility to
offload or take on cargo, avoiding unnecessary extra handling and tracking. Existing paved
parking areas may be maintained as large contiguous shared parking areas.
Site design issues include the creation of primary access points along Third Street at Victoria
Avenue and Central Avenue. The existing perimeter road that serves airport users within the
airport ownership and that enters the area from the west and extends east to Victoria Avenue
shall be maintained Future site development planning may extend this perimeter roadway
through the area if deemed desirable for enhanced circulation and access depending on
ownership and site design. An optional circulation pattern could extend the road east/west
along the southerly boundary linking Victoria Avenue with CentlaI Avenue. However, this
would impact pOtential through-the-fence operations by placing a public street between on-
site users and the airport. This would result in preventing direct access to the airport cargo
freight operations that might otherwise have been available for potential industrial users.
..
Setbaek aaellaaaseapieg 1'ellul1'eEBeat3 seall Be eonsisteBt v.ritft that rellliil'ed OR the airpert
~fepe,ttY aajaeest ~ .the ',:est.
Industrial Subarea 5!,tI (see Exhibit V-8) Generally located at the southeast comer of Del
Rosa Avenue and 3rd Street is proposed to include industrial uses including manufacturing,
assembly, warehousing and distribution facilities, aircraft services and "through the fence
operations," aircraft cargo handling and tracking.
V-18
assembly, warehousing and distribution facilities, aircraft services and "through the fence
operations," aircraft cargo handling and tracking.
Site design includes primary access off3rd Street at Leland Norton Drive and off Del Rosa
Avenue. Access points will be determined as part of the city's development review process
and should consider existing adjoining access points and driveways, and coordinate with
Trade Park (TP) uses to the west and airport uses to the south and east.
F.1.(j "I[driet (j ReereatisR OBeR Spaee fROS'l
RilereatieR Open Spaee Dismat 6 iReludes 8ft lH'e8 witltiR tlte sleM i'leRe eR the west eRd sf
the aifllsFt fUlWfa)' (see EKkiBit V 9). This area represeRts a sigRifieartt peflfttHleRt speR
spaee Fetefttien ,,.'ithiR the pmjeet. Mast sf dlis &Pea will eSRtiRlIe te Be used as reePeatieR
epeR spaee fer gelf 69UfSe plupases. Uses within this area ,,"illlle limited ta landsG&fled
apefl sf3aee, gelf eeHFSe, aRd tempeFll!')' Hses sY&jeet te the Te&1paf6fY UJe PeFRIit f3f6"lisisft5
aethe DeyelaplRE!ftt Cade. .\lIHses prepased '.\'ithiR the Clear ZaRe shall eempl)' with the
PeEjlfiremeRts afFAJ. FegtllatieRs, fAR Part 77.
F.2 Specific Plan Land Use District Map
The International Trade Center Specific Plan Land Use District Map defines the geographic location
of each of the land use districts as described in Sections F .1.1 through F ,1.2.6 above. The Specific
Plan Land Use District Map is hereby incorporated as Exhibit V-IO.
F.3 Permitted Uses
The uses listed in Table~ V-2 and V-3 shall be allowed within the designated land use district subject
to the City of San Bernardino Development Permit procedure pursuant to Chapter 19.44 of the
Development Code unless otherwise noted.
V-19
Exhibil V -9
Recreation Open Space (ROS)
Land Use Districl6
LOCATION: .RECREATION OPEN SPACE DISTRICT 6 IS LOCATED
OFF THE SOUTHWESTERLY END OF THE AIRPORT RUNWAY.
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TABLE V-Z
SUGGESTED AND PERMITTED USE
District Suggested Uses Permitted Uses
Research and Research and development, light As listed in the DIP (Office Industrial
Development (I) manufacturinglindustrial, laboratories, Park) District, Section 19.08.020 of the
related office uses. Development Code except that no
residential uses shall be allowed.
Food court, retail stores, neighborhood As listed in the CN District, Section
commercial services, restaurant, 19.06.020 of the Development Code except
automobile service station. as follows:
(a) no residential uses shall be permitted.
(b) convenience stores will be permitted as
an ancillary use to an automobile service
station subject to a Conditional Use Penn it
(CUP). .
Medical offices and clinic, corporate and As listed in the CO (Commercial Office)
professional offices, day care facility. District, Section 19.06.020 of the
Development Code except as follows:
(a) No residential uses shall be allowed
including Residential Care and Senior
Congregate Care Facilities.
Health club, recreational commercial uses, As listed In the PCR (Public/Commercial
indoor and outdoor, public and private. Recreation) District, Section 19.10.0 I 0 (2)
Alternate uses are educational facilities, (A) of the Development Code.
such as a technical school.
Trade Park (3) Trade Park with conference and See Table Y-3
convention facilltiea, hotel, offices,
restaurants, wholesale businesses,
warehouse and light industrial uses
including some assembly.
Olliee (1) ~{etlieal aRiees BJ1.S elime, seppsFBJ:e aReI As Iitllos ill the CO (Ce__lal ORie~)
"ref_ieRal eftiees, day eare ffteilit).. Dislriel, SeetieR 19.9'.009 eHlle
De'leloplftlR_ Ceda OlIOO,,_ III fellows:
(8) Ne l'e9illeati&l 11888 shall lie allowed
iRehlding ResldeRtlal Cere antfEetlier
Ceegregete Cere Flllilld88.
Industrial (5) Large industrial related operations As listed in the CO (Commercial Office)
including manufacturing, assembly, district Section 19.06.020 of the
distribution, aircraft sales and service and DevelODment Code. and in the OIP (Office
,. ,. airport related uses. Alternate uses III'C Industrial Park) District. Section 19.08.020
coJ1lorate and professional offices and business of !he Development Code. exceot thal no
, , um...,GolfCourse will remain, as an residential uses shall be allowed incJudin~
., intllrim use. Residential Care and Senior Conl!rell8te
Care Facilities.
A!&Ms listed In the IL (Limited
Industrial) District, Section 19.08.020 of
the DeveloDment Code, excent as follows:
V-22
District Suggested Uses Permitted Uses
(a) Aircraft sales and service shall be an
additional use pennitted subject to a
Development Permit,
(b) Processing facilities (recycling) shall be
subject to a conditional use permit (CUP).
ReeFeatieR OlleR baftdsealled elleR sjlaee, ge[f eellF6e, fie As listed iR the PCR (PIIBlieICsltlmeFSiaI
Sjlaee (~) Mietllf81 imjlfEl'/elReRts perlllittlld I!Iteef.lt Reel'eetisR) Distriet, SeedeR 19.19.919 (2)
lI'.llllaj' Be llpllfElveli thfElllgh a Tellljlel'lll') (I.) efthe D8\~eleI'Rleftt Cese enee"t that
Use P8I'Iftit l.ftY 115e jlfBllesed shall l'el'lftitled IIseo shall se lilllileEl te:
eaRljll)" '!lith the reljliirllfReAts spee/fies BY (a) e,en. spaes
FAR Pat( 77 iR !he Blear z.eRe area. (Il) llus!ielll.'i'.'lHS gelf eelll'Se
(8) ether SliM Hal!!) lkat lite DiPEleter may
HRd silllilar with these IISM !isles alleva,
plll'SlltIIIt ta SeetieR 19.Q~JJ79 (3)
All Districts (I-~e) Temporary uses of existing structures or No permitted uses. All uses are subject to
facilities for their original intended use a temporary use permit to be reviewed and
under the Air Force jurisdiction. E:I&RIple! approved by the City of San Bernardino.
The eal'flleks lIIay Be Hses for tFaRsitisRal
hellS/ill te SIlI'jl8rt e!her &eli', itiM
eeelll'Ping '::lthiB the Sjleelfie Phil! &Fea eF
}.b:p8~ s\leh as fire 8I'e'lVS SmgiR& te
es_hat \vilEIfiFss ia SHppeR ailke U.g.
FeNR EBI'oie8.
V-23
TABLE V-3
TRADE PARK DISTRICT
The following list represents those primary uses in the Trade Park District which are permitted subject
to a Development Permit (D) or Temporary Use Permit (T):
Land Use Activity Development Review Process
A. All offices. including Administrative and Professional Offices D
B. Automotive Related Uses
I. Service station 0
2. Vehicle leasing/rental 0
C. Lodglng/Mixed Use Facilities
I. Hotels 0
D. Eatlng/Drlnking Establishments
1. Lounge w/on-sale alcoholic beverages 0
2. Restaurants, no drIve-thrus 0
E. Entertalnment/Recreation
I. Auditorium, convention halls, theaters 0
2. Miscellaneous Indoor . D
F. Financial services 0
G. Left blank
H. Personal service
1. Barberlbeautylnail shops 0
2. Dancelkarate studios 0
3. Dry cleaners 0
4. Health/athletic club 0
S. Laundromats D
I. Retail Commercial
1. Bookstores D
2. Drug stores 0
3. Flower/gift shops 0
4. General merchandise D
S. Indoor retaillWholesale malls 0
6. Office supplies/equipment D
7. Specialty food stores D
J. Service Commercial
1. Catering establishment D
2. Cleaningljanitorial D
. .-- 3. Copy centerslpostal service centerslblueprinting 0
4. Laboratories 0
~.,' Miscellaneolls repair/services (indoors) 0
6. Recycling facilities (reverse vending) D
7. Travel agencies . 0
K. Industrial Uses
1. Assemblina. cleaninl!:. manufacturinll:. Drocessing, D
V-24
Land Use Activity Development Review Process
K. Industrial Uses
1. Assembling, cleaning, manufacturing, processing, D
repairing or testing of products including automotive
related (except dismantling) and welding and excluding .
explosives, conducted entirely within an enclosed
structure except for screened outdoor storage areas.
2. Crematory D
3. Dwelling for security guard or caretaker D
4. Funeral parlors/mortuaries D
5. Recycling facilities (light processing available for onsile D
users only. Must be wholly enclosed within a building.) .
6. Research and development D
7. Towing service D
8. Transportation/distribution D
9. Warehousing and wholesaling, including self-service D
mini-storage.
L. Others
1. Antennae/Satellite dish D
2. Cable companies D
3. ClubsILodgelMeeting halls D
4. Day care facilities D
5. Educational services D
6. Fences/walls D
7. Heliports/Helipads D
8. Libraries D
9. Museums D
10. Outdoor recreation D
II. Parking lots D
12. Parking structures D
13. Police/fire protection D
14. Public utility uses D
15. Radio/television broadcasting D
16. Temporary uses T
17. TradeITech schools D
18. Accessorv structures (tvDicallv appurtenant) D
Other similar uses which the Director finds to fit within the purpose/intent of the zone district, in
compliance with Section 19.02.070(3).
,;'!
V-25
I
Exhibit B, Item (c)
GENERAL STANDARDS
Chapter V, Subparagraph G.t
PAGES:
Pages V -26 and V -27
TABLE:
Development Standards Table V-4 found on page V-27
I
G. DEVELOPMENT STANDARDS
G.t General Standards
Development standards shall be consistent with the standards contained in the following Table V-4.
G.2 Land Use Specific Standards
Special use standards for this Specific Plan shall be applicable to the following uses:
a. Convenience stores
b. Day care facilities
c. Mini-storage
d. Recycling facilities for reusable domestic containers
e. Service stations
The standards for these uses shall be consistent with the provisions contained in Section 19.06.030(2)
of the Development Code.
G.3 Property Development Standards
G.3.! Property development standards shall be consistent with Section 19.20.020 of the
Development Code except:
1. Exterior building walls,
2. Screening, and
3. Solar energy.
G.3.2 Intersection and Corner Visibility
To ensure clear and unobstructed visibility at intersections, landscaping planting and signs
shall be limited to three feet in height within the following defined areas at street and driveway
intersections and as illustrated in Exhibits V-ll~d V-12:
Type
Primary street
Secondary street
Local street
Driveways
Distance From Intersection
50 feet
35 feet
25 feet
25 feet
~ ., -'
V-26
TABLE V-4
DEVELOPMENT STANDARDS
Districts
Development .
Standards Q R&D IND RGS TP
.
Net Lot Area (min.) ,t...ee,. lac. NA W. NA
Building Setback I from Street (min.) ~ 2S'(P) 25'(P) W. 2S'(P)
~ 19'(S) ~ 25'(D)
~ IS'(L) 19'(S) 19'(S)
~ IS'(PR) IS'(L) 15'(L)
~ 10'(PR) 10' (PR)
Building Setback from Property Line (min.) ~ 10'(A) and 0' or 20' W. 0' or 20'
eM 10'(B) (AXB) (AXB)
~
Building Separation (min.) ~ 20' 20' JoolA 20'
Building Setback along 3'" Street (min.) NA 37'(C) 37'(C) JoolA NA
Parking Setback (min.) - 32'(C) 32'(C) JoolA 20'(P)
~ 20'(P) 20'(P) 14'(S)
~ 14'(S) 14'(S) 10'(L)
~ I O'(L) IO'(L)
Building Height (max.) ell! 60' ~3 JoolA 120'
Floor Area Ratio (max.) ~ .5. ~.5 NA .S
1L0t Frontage (min.) W. 100' 100' NA NA
(P) Major Arterial
(S)4 Secondary Arterial/Specific Plan Collector
(L) Local Road
(PR) Private Road
(A) Rear setback
(8) Interior side setback
(C) 3'" Street setback (includes 12' bicycle path)
(0) Mill Street setback (100' right~r-way)
All setbacks are measured from the right~f-way on public streets and from the back of curb or sidewalk on private
roads.
z
Setback can be either dimension or greater thlin 20', but nothing in between.
I 3
Sublect to FAA heilZht reauirements for uses located near the runwav. For industrial uses located adjacent to Third
Street, maximum height is 100'.
4
The-secondary l!rterlal contains 6' oflandscaping within the right-or-way in addition to the landscaped setback (see
Exhibit V -3).
V-27
I
I
Exhibit B, Item (d)
City Resolution No. 2004-324
Approved by the City on October 7, 2004
~
1
2
RESOLUTION NO. 2004-324
RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING GENERAL PLAN
AMENDMENT NO. 04-03 AND SPECIFIC PLAN AMENDMENT NO. 04-02 TO THE
GENERAL PLAN OF THE CITY OF SAN BERNARDINO, TO AMEND THE
GENERAL PLAN LAND USE DESIGNATION FROM SAN BERNARDINO
INTERNATIONAL TRADE CENTER SPECIFIC PLAN TOURIST COMMERCIAL TO
INDUSTRIAL FOR 30 ACRES AND TO DELETE LELAND NORTON WAY FROM
6 THE CIRCULA nON ELEMENT, APPROVAL OF DEVELOPMENT PERMIT II NO.
7 04-27 TO CONSTRUCT AN AIR CARGO FACILITY, AND APPROVAL OF LOT LINE
ADJUSTMENT NO. 04-13 TO ACCOMMODATE THE PROJECT, WHICH IS
8 LOCATED ON THE SOUTH SIDE OF 3RD STREET, EAST OF DEL ROSA AVENUE.
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5
9
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDlNO AS FOLLOWS:
SECTION 1. Recitals
(a) WHEREAS, the General Plan for the City of San Bernardino was adopted by the
14 Mayor and Common Council by Resolution No. 89-159 on June 2, 1989.
15
16
17
18
(b) WHEREAS, the San Bernardino International Trade Center Specific Plan was
adopted by the Mayor and Common Council by Resolution No. 96-50 on March 4, 1996.
(c) WHEREAS, General Plan Amendment No. 04-03 and Specific Plan Amendment No.
19 04-02 (a proposal to change the General Plan Land Use Designation from San Bernardino
20 International Trade Center Specific Plan Tourist Commercial to Industrial for approximately 30
21 acres located on the south side of 3rd Street, east of Del Rosa A venue, to delete reference to
22 Tourist Commercial from the Specific Plan, and to remove Leland Norton Way from the
23
24
Circulation Element) was considered by the Planning Commission on September 8, 2004, after a
noticed public hearing. The Planning Commission's unanimous vote on a motion to recommend
25
26 ap~r9val of the General Plan Amendment and Specific Plan Amendment has been considered by
27 the Mayor and Common Council.
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2004-324
(d) WHEREAS, General Plan Amendment No. 04-03 and Specific Plan Amendment No.
04-02 were reviewed under the California Environmental Quality Act (CEQA) through an Initial
Study which found no significant adverse effects on the environment related to the amendments.
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U) WHEREAS, the adoption of General Plan Amendment No. 04-03 and Specific Plan
Amendment No. 04-02 is deemed in the interest of the orderly development of the City and is
consistent with the goals, objectives and policies of the General Plan and the San Bernardino
International Trade Center Specific Plan.
SECTION 2. Mitigated Negative Declaration
NOW, THEREFORE BE IT RESOLVED, FOUND AND DETERMINED by the Mayor
and Common Council that the proposed amendments to the General Plan of the City of San
Bernardino and the San Bernardino International Trade Center Specific Plan, the proposed air
cargo facility and related lot line adjustment will have no significant adverse effects on the
environment beyond those previously identified with certification of the Final Environmental
Impact Report and Traffic Impact Analysis and with incorporation of the proposed project-
specific mitigation measures; and that the Mitigated Negative Declaration heretofore accepted by
the Environmental Review Committee as to the effect of these proposed amendments and
development project, is hereby ratified, affirmed and adopted.
SECTION 3. Findings - General Plan Amendment No. 04-03 and Specific Plan
Amendment No. 04-02
BE IT FURTHER RESOLVED by the Mayor and Common Council of the City of San
Bernardino that:
A. Theproposed amendment is internally consistent with the General Plan and the
San Bernardino International Trade Center (SBITC) Specific Plan in that changing the
land use designation from Tourist Commercial to Industrial and deletion of reference to
Tourist Commercial from the Specific Plan is consistent with General Plan Objective
1.39 which states, "Promote the development and use of the existing airport facilities and
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2004-324
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related buildings as an international aIr carner airport with aviation-related office,
commercial and industrial uses."
Removing Leland Norton Way from the Circulation Element of the General Plan
and SBITC Specific Plan will not affect traffic/circulation patterns within the Specific
Plan or Airport areas, or the adjacent areas. Although Leland Norton Way was designated
as a Secondary Arterial, it only accessed 3rd Street from a point in front of the existing
terminal. The terminal can still be accessed from Del Rosa Avenue and Leland Norton
Way, as a Secondary Arterial, is not necessary.
B. The proposed amendment will not be detrimental to the public interest, health,
safety, convenience, or welfare of the City in that the proposed development will have to
comply with all local, state, and federal requirements.
C. The proposed amendments would not impact the balance of land uses within the
City in that the proposed change in land use designation represents a relatively small
percentage of the overall land uses within the City.
D. In the case of an amendment to the General Plan Land Use Map, the subject
parcel(s) is physically suitable (including, but not limited to access, provision of utilities,
compatibility with adjoining land uses, and absence of physical constraints) for the
requested land use designation(s) and the anticipated land use development(s) in that all
required utilities and public services can adequately serve the site.
SECTION 4. Findings - Development Permit II No. 04-27
BE IT FURTHER RESOLVED by the Mayor and Common Council of the City of San
Bernardino that:
A. The proposed development is permitted within the subject zoning district with
approval of the amendments to the General Plan and San Bernardino International Trade
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2004-324
Center Specific Plan. The warehouse/distribution portion of the project will be located
within the lndustrialland use (zoning) district. The proposed project is a permitted use in
this land use district, as listed in Table V-2 of the SBITC Specific Plan, with approval of
a Development Permit. The airport-related portion of the project is a permitted use in the
"A," Airport land use district as listed in Table 19.12A.020 of the Development Code,
with approval of a Development Permit.
The proposed project complies with all applicable provisions in the SBITC
Specific Plan and the provisions of the Development Code, including the industrial
design guidelines as shown on the site plan, elevations, and landscape plan, and the
Conditions of Approval.
B. The proposed air cargo facility is consistent with the General Plan and Specific Plan.
The San Bernardino International Trade Center Plan includes the following goals:
. Meet Economic Development and Redevelopment Needs
. Encourage future business development, generate or create new jobs for the
community and provide revenue
. Provide for a broad mix of commercial, office and industrial development
opportunities consistent with the overall objectives and policies established for the
property
. Comply with the City of San Bernardino General Plan
. Be consistent with state law.
Development of the project assists with the Inland Valley Development Agency's
and San Bernardino International Airport Authority's goals of providing new
development, creating new jobs, and providing revenue. The DHL Air Cargo Facility is a
major warehouse/distribution facility, consistent with the mix of pennitted uses. The
5
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2004-324
proposed project is in compliance with the Specific Plan, which itself is consistent with
the City's General Plan, and is consistent with applicable state law requirements.
C. The proposed facility will be compatible and harmonious with the existing and
surrounding land uses in the area. The proposed new construction will enhance the
existing site and be a benefit to the surrounding area due to its architectural design, on-
site and off-site improvements, and landscaping improvements.
D. Approval of the Development Permit for the proposed development is in compliance
with the requirements of the California Environmental Quality Act and Section 19.20.030(6)
of the Development Code. On the basis of the Initial Study, the
Development/Environmental Review Committee found that although the proposed
project could have a significant effect on the environment, there would not be a
significant effect in this case because all potentially significant effects (a) have been
analyzed adequately in an earlier ElR pursuant to applicable standards, (b) have been
avoided or mitigated pursuant to that earlier EIR, including revisions or mitigation
measures that were imposed upon the proposed project, and (c) no events have occurred
which require the preparation of a supplemental EIR or addendum to the EIR.
Although there will be new noise impacts associated with the introduction of
DHL aircraft, the number of airplane flights, and related noise, are within the scope of the
Initial Study prepared for the Interim Airport Operating Plan. That Initial Study also
incorporated, by reference, the 1990 IVDA Redevelopment Plan Final Environmental
Impact Report.
E. There will not be potential significant adverse impacts upon environmental quality
and natural resources that could not be properly mitigated and monitored. Prior to approval
of the SHITC Specific Plan, the City certified the Environmental Impact Report and
6
2004-324
Traffic Impact Analysis, and adopted the Mitigation Monitoring Program. In addition,
mitigation measures for this project are included in the Initial Study, and also included as
Conditions of Approval.
F. The subject site is physically suitable for the type and density/intensity of use being
proposed as evidenced by project compliance with all applicable Development Code and
SBITC Specific Plan standards, and Conditions of Approval.
G. There are adequate provisions for public access, water, sanitation, and public
utilities and services to ensure that the proposed use would not be detrimental to public
health and safety. All agencies responsible for reviewing access and providing water,
sanitation and other public services have all had the opportunity to review the proposal
and none have indicated an inability to serve the project. The proposal will not be
detrimental to the public health and safety in that all applicable Codes will apply to the
construction of this proj ecL
H. The location, size, design, and operating characteristics are consistent with all
provisions of the Development Code and will not be detrimental to the public interest,
health, safety, convenience, or welfare of the City. The proposed construction of the DHL
Air Cargo Facility will be compatible with the existing development in the area.
SECTION 5. Amendment
BE IT FURTHER RESOLVED by the Mayor and Common Council that:
A. The Land Use Plan of the General Plan and the San Bernardino International
Trade Center Specific Plan of the City of San Bernardino is amended by changing the
land use designation from San Bernardino International Trade Center Specific Plan
Tourist Commercial to lndustrial, for approximately 30 acres located at the southeast
comer of 3rd Street and Del Rosa Avenue, and deleting reference to Tourist Commercial
7
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2004-324
from the Specific Plan. This amendment is designated as General Plan Amendment No.
04-03 and Specific Plan Amendment No. 04-02 and its location is outlined on the map
entitled Attachment A, and described in Attachment B, copies of which are attached and
incorporated herein for reference.
B. General Plan Amendment No. 04-03 and Specific Plan Amendment No. 04-02
shall become effective immediately upon adoption of this resolution.
SECTION 6. Map Notation
This resolution and the amendment affected by it shall be noted on such appropriate
General Plan maps previously adopted and approved by the Mayor and Common Council
and which are on file in the office of the City Clerk.
SECTION 7. Notice of Determination
The Planning Division is hereby directed to file a Notice of Determination with the
County Clerk of the County of San Bernardino certifying the City's compliance with
California Environmental Quality Act in preparing the environmental documentation.
III
8
,
2004-324
1
RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING GENERAL PLAN
2 AMENDMENT NO. 04-03.... LOCATED ON THE SOUTH SIDE OF 3RD STREET, EAST
OF DEL ROSA A VENUE.
3
4
5
I HEREBY CERTTFY 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,
October
, 2004, by the following vote, to wit:
AYES
NAYS
ABSTAIN
ABSENT
x
x
x
x
x
J5 JOHNSON
16 MC CAMMACK
17
J8
J9
20
2J
x
x
~~~
City Clerk
The foregoing resolution is hereby approved this
,day of ~ober __,2004.
22
H V ALLES, Mayor
ity of San Bernardino
23 Approved as to form
24 and legal content:
25
26 JAMES F. PENMAN
City Attorney
27 Bt 1 p~
28
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BEARINGS AND 'DlSTANCES SHO'lltl IEREON ARE GRD, BASED ON_
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GROUND DlSTANCES,'DtVlOE 1IIE DISTANCE SHOWN BY 0.99993157.
REVISION
PREPARED BY:
Associated Engineers, Inc,
3311 EAST SHELBY STREET
ONTARIO, CAUFORNIA 91764
TEl:(909)960-1982 · FAX:(909)941-0891
PREPARED fOR:
SAN BERNARDINO INTERNATIONAL AIRPORT AUTHcmlTY
PARCELS 1, 2 AND 3
SEPTEMBER 24, 2004
l: \2004\040ll1\DW\t.lAPPING\LEGAl.S\ZONEI'LAT
2004-324
LEGAL DESCRIPTION
PARCEL 1
ATTACHMENT "B"
In the City of San Bernardino, County of San Bernardino, State of California, being portions of Block 49 and 50
of the Rancho San Bernardino, as per Map recorded Book 7 of Maps, Page 2, Records of said County,
together with portions of vacated streets and alleys lying within and adjacent to said blocks, being a portion of
Parcel "A-1" as described in a sub-lease by and between the Inland Valley Development Agency and Ming
Plaza Development, reCOrded January 24, 1997, as Document No. 19970024757 of Official Records in the
Office of the County Recorder of said County, described as follows:
COMMENCING at the intersection of the centerlines of 3rd Street and Del Rosa Avenue North; thence along
the centerline of 3rd Street North 89045'07" East, 0.47 feet to the centerline of Del Rosa Drive; thence South
00055'35" East, along said centerline, 1015.95 feet; thence at right angles to said centerline, North 89004'25"
East, 60.00 feet to the East line of said Del Rosa Drive and the TRUE POINT OF BEGINNING; thence North
43006'10. East, 41.73 feet; thence North 89004'25" Eas~ 251.35 feet; thence South 45055'35" East, 39.60
feet; thence South 00055'35" East, 255.31 feet; thence South 41"20'54" West, 42.29 feet; thence North
89053'09" East, 328.05 feet to a point hereinafter mentioned es Point "A"; thence North 01"01 '53" West,
491.49 feet; thence North 88058'07" East, 443.56 feet; thence North 01001'53" West, 687.37 feet to the
beginning of a tangent curve, concave southwesterly, having a radius of 463.97 feet; thence along said curve
through a central angle of 28034'38", 231.41 feet; thence North 29"36'31" West, 29.07 feet; thence North
79034'12" West, 17.19 feet to the southerly line of 3rd Street, said point bears 60.00 feet, measured at right
angles from the centerline of 3rd Street; thence along said southerly line, South 60024'42" West, 229.83 feet to
the beginning of a tangent curve, concave northwesterly having a radius of 659.96 feet; thence along said
curve through a central angle of 29020'25", 337.95 feet; thence South 89045'07" West, 328.38 feet; thence
South 44024'46" West, 150.72 feet to the East line of Del Rosa Drive; thence along said east line South.
00055'35"Easl; 848.Uneelto tfieTRUE POINTOFBEG1NNING. - - - - .... .. .. . . . .
EXCEPTING therefrom that portion described as follows:
BEGINN ING at the aforementioned Point A, said point being the southwesterly comer of Parcel F-2 as shown
on a Record of Survey No. 96-0174, filed as Book 108, Pages 76-77 of Records of Survey In said Office ofthe
County Recorder, said point also being the southwesterly corner of Parcel "A-2", as described in said sub-
lease by and between the Inland Valley Development Agency and Ming Plaza Development; thence northerly
along the westerly line of said Parcel"A-2", North 01001 '53" West, 491.49 feet to the northwesterly corner of
said Parcel "A_20; thence continuing, North 01001 '53" Wast, 47.30 feet; thence South 88058'07" West, 298.59
feet to a point of intersection with the northerly prolongation of a line that bears North 00055'35" West, 255.31
feet as shown on said Record of Survey, said line being the easterly line of land described In a Deed recorded
May21, 1998 as Document No. 19980196585, of Official Records in said Office oflhe County Recorder, said
point being distant North 00055'35" West, 247.00 feet from the northeasterly corner of said land described in
said last mentioned Deed; thence along said northerly prolongation, South 00"55'35" East, 247.00 feet to said
northeasterly corner; thence along the easterly line of said last mentioned Deed and continuing South
00"55'35" East, 255.31 feet; thence continuing along said easterly line, South 41"20'54" West, 42.29 feet to
Ihe southwesterly corner of said Parcel "A-1"; thence along the southerly line of said Parcel "A-1", North
89053'09" East, 328.05 feet to the POINT OF BEGINNING.
Area containing 19.90 acres, more or less.
Bearings and Distances used in the above description are based on the California Coordinate System,
Zone 5 (NAD-83). Divide distances shown by 0.99993157 to obtain ground level distances.
The legal description above was taken from "New Parcel A" as described In Certificate of Compliance for
Lot Line Adjustment No. 2003-005, recorded June 19, 2003 as Document No. 2003-0414267 Official
Records .'
L:12004\040611DWG\MA?PJNG\legPJl5\PARCEll.00C
2004-324
LEGAL DESCRIPTION
PARCEL 2
In the City of San Bernardino, County of Sari Bernardino, State of California, being a portion of Block 49 of the
Rancho Sari Bernardino, as per Map recorded Book 7 of Maps, Page 2, Records of said County, together with
portions of vacated streets and alleys lying within and adjacent to said blocks, being a portion of Parcels "A-1"
and "A-2, as described if1 a su~-Iease by and between tl1l'llnland V!'!Hey QevelopmEmt Agency and MingPlaza
Development, recorded January 24, 1997, as Document No. 19970024757 of Official Records in the Office of
the County Recorder of said County, described as follows:
COMMENC ING at the intersection of the centerlines of 3rd Street and Del Rosa Avenue North; thence along
the centerline of 3rd Street North 89045'07" East, 0.47 feello the centerline of Del Rosa Drive; thence SoLith
00055'35" East, along said centerline, 1015.95 feet; thence at rlght angles to said centerline, North 89004'25" .
Eest, 60.00 feet to the East line of said Del Rosa Drive; thence North 43006'10" East, 41.73 feet; thence North
89004'25" East, 251.35 feet; thence South 45055'35" East, 39.60 feet; thence South 00055'35" East, 255.31
feet; thence South 41020'54" West, 42.29 feet; thence North 89053'09" East, 328.05 feet to the TRUE POINT
OF BEGINNING, said point hereinafter mentioned as "Point A"; thence North 01001'53" West, 491.49 feet;
thence North 88058'07" East, 443.56 feet; thence South 01'01'53" East, a distance of 43Z.74 feet; thence
South 38"42'44" West, 84.51 feet; thence South 89053'09" West, 389.58 feet to the TRUE POINT OF
BEGINNING.
TOGETHER wilh that portion described as follows:
BEGINNING at the aforementioned Point A, said point being the southwesterly comer of Parcel F-Z as shown
on a Record of Survey Ng. 96-0174, flle9.a.sB09~J 08, page_s_I6~ 7.:7 qfBecoJds.of&ulYeyjn ~aid .Off~ oUbe .
Co'untY Recorder, said point also being the southwesterly corner of Parcel "A-2", as described In said sub-
lease by and between the Inland Valley Development Agency and Ming Plaza Development; thence northerly
along the westerly line of said Parcel "A-Z", North 01001 '53" West, 491.49 feet to the northwesterly corner of
said Parcel "A-2"; thence continuing, North 01'01'53" West, 47.30 feet; thence South 88058'OTWest, 298.59
feet to a point of intersection with the northerly prolongation of a line that bears North 00055'35" West, 255.31
feet as shown on said Record of Survey, said line being the easterly line of land described in a Deed recorded
May 21,1998 as Document No. 19980196585 of Official Records in said Office of the County Racorder, said
paint being distant North 00'55'35" West, 247.00 feet from the northeasterly comer of said land described in
said last mentioned Deed; thence along said northerly prolongation, South 00055'35" East, 247.00 feet to said
northeasterly comer; thence along the easterly line of said last mentioned Deed and continuing South
00055'35" East, 255.31 feet; thence continuing along said easterly line, South 41020'54" West, 42.29 feet to
the southwesterly corner of said Parcel "A-1"; thence along the southerly line of said Parcel "A-1", North
89053'09" East, 328.05 feet to the POINT OF BEGINNING.
Area containing 8.69 acres, more or less.
Bearings and Distances used In the above description are based on the California Coordinate System, Zone 5
(NAD-83). Divide distances shown by 0.99993157 to obtain ground level distances.
The legal description above was taken from "New Parcel B" as described in Certificate of Compliance for
Lot Line Adjustment No. 2003-005, recorded June 19, 2003 as Document No. 2003-0414267 Official
Records.
L:\20o.\0406I\OWG\MAPprN~\legals\PARCEL 2.llOC
---- - - -~_.~ ~ --.. _._.___~._u__ ____ ,,_ ____ __ __.
2004-324
LEGAL DESCRIPTION
PARCEL 3
In the City of San Bernardino, County of San Bernardino, State of California" being a portion of Block 49 of
the Rancho San Bernardino, as per map recorded In Book 7 of maps, Page 2, Records of said County
together with portions of vacated streets and alleys lyIng within and adjacent to said blocks, more particularly
described as follows: . - .
Commencing at the intersecllon of the centerline of 3rd Street and Del Rosa Avenue North; thence along the
centerline of 3rd Street, North 89"45'07" East, 0.47 feet to the centerline of Del Rosa Drive; thence South
00"55'35" East, along said centerline 1015.95 feet; thence at right angles to said centerline, North 89"04'25"
East, 60.00 feet to the East line of Del Rosa Drive and the POINT OF BEGINNING; thence North 43"06'10"
East, 41.73 feet; thence North 89"04'25" East, 251.35 feet; thence South 45"55'35" East, 39.60 feet; thence
South 00055'35" East, 255.31 feet; thence South 41020'54" West, 42.29 feet; thence Sooth 89053'09" West,
249.67 feet; thence North 45055'00" West, 42.80 feet to the East line of Del Rosa Drive; thence North
00055'35" West, along said East line, 250.79 feet to the POINT OF BEGINNING.
Area containing 2.17 acres, more or less.
Bearings and Distances used in the above description are based on the California Coordinate System, Zone
5 (NAD-83). Divide distances shown by 0.99993157 to obtain ground level distances.
The legal descrlpllon above was taken from QuitclaIm Deed recorded May 21, 1998 as Document No.
1998-0196S85 ofOfflcial Re.cords.
L:12004\04061\DWl3\MAPPINGIlI&oIoIPARca 3.DOC
RECEIVED-CITY CLEHK
CITY OF SAN BERNARDINO
Development Services Department - Plannin31lBiJiMtJ 2 PM 3: 59
Interoffice Memorandum
TO:
Mayor and Common Council
Valerie C. Ros~uty Director/City Planner
FROM:
SUBJECT:
Stater Bros. Markets Distribution Center Project - Traffic Impact Analysis
DATE:
October 12, 2005
COPIES:
James Penman, City Attorney; Rachel Clark, City Clerk; Fred Wilson,
City Administrator; Henry Empefio, Senior Deputy City Attorney; James
Funk, Development Services Director; Mark Lancaster, Deputy
Director/City Engineer
I have previously distributed the Draft Subsequent Environmental Impact Report, which
includes the Initial Study and proposed amendments to the SBITC Specific Plan and
General Plan, the Responses to Comments, Mitigation Monitoring and Reporting Plan,
and the Draft Facts, Findings and Statement of Overriding Consideration. At this time I
am distributing the Traffic Impact Analysis (TIA) prepared for the Stater Bros. Markets
Distribution Center Project. The TIA is required pursuant to the San Bernardino County
Congestion Management Program. The traffic discussion in the Draft Subsequent EIR is
a summary of the analysis in the TIA.'
Please feel free to contact me if you have any questions.
Mayor and Common Council
October 17, 2005
Stater Bros. Markets
Stater Bros. Markets
CtJ:Aff?}1A'lJ'1 (f5'D
Jack Brown, ~nt, Stater Bros. Markets
Bruce Varner, Varner, Saleson & Brandt, Legal Counsel for Stater Bros. Markets
Scott Limbacher, Vice President, Construction & Maintenance, Stater Bros. Markets
Wayne Hendrix, Vice President, Construction Management, Matich Corp.
Tim Bauer, Leo A Daly Architects
l\~ San Bernardino International Airport Authoritv/lnland Vallev Development Agency
Timothy Sabo, Interim Director and Legal Counsel
City of San Bernardino
Mark Lancaster, Deputy Director/City Engineer
Robert Eisenbeisz, Senior Civil Engineer, Public Works/Engineering
Tom Dodson, Tom Dodson & Associates, Environmental Consultant
Development Agreements
Development Agreement No. 05-01
David Newsom, Legal Counsel, Hillwood Development Investments
John Magness, Senior Vice President, Hillwood Development Investments
Development Agreement No. 05-02
~)
Bruce Varner, Legal Counsel for Stater Bros. Markets
Timothy Sabo, Interim Director and Legal Counsel
Development Agreement No. 05-03
David Newsom, Legal Counsel, Hillwood Development Investments
John Magness, Senior Vice President, Hillwood Development Investments
Development Agreement No. 05-04
David Newsom, Legal Counsel, Hillwood Development Investments
John Magness, Senior Vice President, Hillwood Development Investments
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