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HomeMy WebLinkAboutCDC/2005-39 RESOLUTION NO. CDC/2005-39 2 3 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO (1) APPROVING THE DOWNTOWN MIXED USE PROJECT CONCEPT PLAN AND ADOPTION OF A NEGATIVE DECLARATION IN ACCORDANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT ("CEQA") AND (2) APPROVING AND AUTHORIZING THE INTERIM EXECUTIVE DIRECTOR OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO ("AGENCY") TO EXECUTE A REDEVELOPMENT PROJECT STUDY AND EXCLUSIVE RIGHT TO NEGOTIATE AGREEMENT ("AGREEMENT") BY AND BETWEEN THE AGENCY AND WATSON AND ASSOCIATES DEVELOPMENT COMPANY, INC. ("WATSON") (CENTRAL CITY NORTH REDEVELOPMENT PROJECT AREA - DOWNTOWN MIXED USE CONCEPT PLAN) 4 5 6 7 8 9 10 11 WHEREAS, the Community Development Commission of the City of San Bernardino (the "Commission") is the governing board of the Redevelopment Agency of the City of San 12 13 Bernardino (the "Agency"), a public body corporate and politic, organized and existing pursuant 14 to the Community Redevelopment Law (California Health and Safety Code Section 33000, et 15 seq.); and WHEREAS, the Agency is acquiring certain land identified as APN: 0134-054-24; 0134-093- 05,06, 19,20 and 43 (the "Agency Property") within the Central City North Redevelopment Project Area (the "Project Area"); and 16 17 18 19 WHEREAS, the Agency is prepared to enter into a certain agreement with Watson to facilitate 20 the assembly of private property and Agency Property and to study the feasibility for the 21 redevelopment of certain land ("Project Concept Plan") so as to foster the economic development goals 22 and objectives of both the City of San Bernardino (the "City") and the Agency as it relates to the redevelopment plan for the Project Area and the Agency has designated for such study purposes, the land generally bounded by "H" Street to the west, south of Spruce Street to the north, "F" Street to the east and 4th Street to the south including five (5) parcels at the northeast comer of 5th and "G" Street and 23 24 25 -1- P:\Alendal\RnolutioDs\RelOlutions\2005\05-U-G7 Watson" Allodate. Reso.doc CDC/2005-39 six (6) parcels at the southeast comer of 5th and "0" Street as the study area (the "Study Area") for such 2 study; and 3 WHEREAS, the Agency intends to initiate certain additional studies and proposals to address a 4 number of issues of community concern in the Study Area relating to elimination and prevention of the 5 spread of blight from the Study Area; and 6 WHEREAS, Watson is qualified to assist the Agency to undertake the study of specific 7 proposals and plans for a coordinated and economically sustainable redevelopment project in the Study 8 Area, which will require specific study, evaluation, and planning by the City and Agency, as applicable, 9 of appropriate and feasible community redevelopment program alternatives; and 10 WHEREAS, an hritial Study ("IS") was prepared pursuant to the Califomia Environmental 11 Quality Act (Public Resources Code Section 21000 et ~., "CEQA") concluded that the implementation 12 of the Project Concept Plan with mitigation measures would not result in significant adverse 13 environmental impacts, and that accordingly, a Mitigated Negative Declaration ("Mitigated N/D") 14 would be prepared for the Project Concept Plan; and 15 WHEREAS, the text of the Mitigated N/D for the Project Concept Plan was made available to 16 the public, responsible agencies, and other interested persons, for their review and comment between 17 October 18, 2005 through November 6, 2005, as required by CEQA; and 18 WHEREAS, the Commission has fully reviewed and considered the Mitigated N/D, as it relates 19 to the Project Concept Plan and has authorized the filing of the Notice of Determination with the County 20 Clerk. 21 NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION OF THE 22 CITY OF SAN BERNARDINO DOES HEREBY RESOLVE, DETERMINE AND ORDER, AS 23 FOLLOWS: 24 Section 1. That the Commission hereby authorizes and approves the Agreement by and 25 between the Agency and Watson in the form as presented at the meeting of the Commission at which -2- P:\Acendal\RflolutIoDJ\Rnolutions\ZOOS\05-11-07 Watson II. Associates Relo.doc CDC/2005-39 this Resolution is adopted and hereby authorizes the Interim Executive Director to execute the 2 Agreement on behalf of the Agency together with such technical and confonning changes as 3 recommended by the Interim Executive Director and approved by the Agency Counsel. 4 Section 2. That the facts and findings are approved and adopted; the Mitigated N/D 5 is hereby approved and the Interim Executive Director of the Agency is hereby directed to file a 6 Notice of Determination with the County of San Bernardino Clerk of the Board certifying the 7 Commission's compliance, as the responsible agency under CEQA in reviewing and approving 8 the Mitigated N/D for the Project Concept Plan. The Resolution shall become effective immediately upon its adoption. 9 Section 3. 10 III 11 III III 12 III 13 III 14 III 15 III 16 III 17 III 18 III 19 III 20 III 21 III 22 III 23 III 24 III 25 III -3- P:\Aleada.\RelOwtioau\Resolutlons\1005\OS-1l-07 Watson II. Associatel ReIO.doc CDC/2005-39 2 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO (1) APPROVING THE DOWNTOWN MIXED USE PROJECT CONCEPT PLAN AND ADOPTION OF A NEGATIVE DECLARATION IN ACCORDANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT ("CEQA") AND (2) APPROVING AND AUTHORIZING THE INTERIM EXECUTIVE DIRECTOR OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO ("AGENCY") TO EXECUTE A REDEVELOPMENT PROJECT STUDY AND EXCLUSIVE RIGHT TO NEGOTIATE AGREEMENT ("AGREEMENT") BY AND BETWEEN THE AGENCY AND WATSON AND ASSOCIATES DEVELOPMENT COMPANY, INC. ("WATSON") (CENTRAL CITY NORTH REDEVELOPMENT PROJECT AREA - DOWNTOWN MIXED USE CONCEPT PLAN) 3 4 5 6 7 8 9 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the joint Community Development Commission of the City of San Bernardino at a regular meeting 10 11 thereof, held on the 7th day of November , 2005, by the following vote to wit: 12 Commission Members: 13 ESTRADA LONGVILLE Aves Nays X X - X X X X X - ~ Secretary f o-'-~ day of November Abstain Absent 14 15 MCGINNIS 16 DERRY 17 KELLEY 18 JOHNSON MC CAMMACK 19 20 21 The foregoing resolution is hereby approved this ,2005. 22 ,J 23 24 25 By: -4- P:\Ar;cndal\RelOlutioDJ\Iluolutlonl\ZOOS\05--11.07 Watson & Allowtc. Relo.doc CDC/200S-39 REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO REDEVELOPMENT PROJECT STUDY AND EXCLUSIVE RIGHT TO NEGOTIATE AGREEMENT (WATSON & ASSOCIATES DEVELOPMENT CO., INC., - CENTRAL CITY NORTH REDEVELOPMENT PROJECT AREA- DOWNTOWN MIXED USE HOUSING PROJECT) THIS REDEVELOPMENT PROJECT STUDY AND EXCLUSIVE RIGHT TO NEGOTIATE AGREEMENT is dated as of November 7, 2005 (this "Agreement"), and is entered into by and between Watson & Associates Development Co., Inc., a California corporation (the "Developer"), and the Redevelopment Agency of the City of San Bernardino, a body corporate and politic (the "Agency"), in light of the facts set forth in the following recital paragraphs: RECITALS A. The Agency desires to encourage and effectuate the redevelopment of certain real property, located north of the Carousel Mall within the area commonly referred to as Downtown San Bernardino and comprising approximately 9.5 acres, generally bounded by 4th Street to the south, North "G" Street to the east, Spruce Street to the north, and "H" Street to the west and further including the northeast and southeast comers at the intersection of "G" Street and 5th Street (the "Site"), that is depicted on the "Study Area Map" attached hereto as Exhibit "A-I"; and B. The Site lies within the Agency's Central City North Redevelopment Project Area (the "Project Area"), and is subject to the Project Area's governing redevelopment plan (the "Redevelopment Plan") and its Rules for Owner Participation; and C. The Site consists of parcels ofland improved with commercial structures, one (1) multi-family residential structure, older commercial and retail structures some of which have been abandoned and vacant parcels, older motels all of which are underutilized and contribute to the blight that has existed within the Project Area and the Site since the date of adoption of the Redevelopment Plan and continues to this date; and D. The Agency has made offers to certain property owners and is in the process of acqumng or has acquired certain parcels within the Site, as depicted in Exhibit "A-I" (collectively, the Agency intended acquisitions and the actual ownerships of certain real properties are defined herein as the "Agency Property"); and E. The project concept plan (defined herein as the "Project Concept Plan") involves the block bounded by, but excluding the new TELACU II - Monte Vista Senior Housing Complex, 5th Street to the north, "G" Street on the east, "H" Street on the west and 4th Street on I P:lAgendaslAgenda AttachmentslAgrmts-Amend 2005\05-11-07 Watson Downtown ERN final (2).doc CDCj2005-39 the south, including the northside of 5th Street between "H" Street and "G" Street, five (5) parcels at the northeast comer of 5th Street and "G" Street and six (6) parcels at the southeast comer of 5th Street and "G" Street; the land use designation for the Project Concept Plan area is CR-2 which allows a maximum density of 47 residential units per gross acre or approximately 419 residential units; the Project Concept Plan proposes between 120 to 200 owner occupied mixed use housing units (commercial on the ground floor, residential on each upper floor or upper floors) for properties with frontage on 5th Street and 4th Street with townhouses located immediately south of the mixed use development on the south side of 5th Street and on the west side of "G" Street along with complimentary parking and amenities. The Project Concept Plan uses the TELACU II - Monte Vista complex as a springboard, and is intended to compliment said senior housing complex; the Project Concept Plan will provide a safer and more attractive living environment, accessibility to goods and services, and the provision of higher quality of living opportunities in the area of the Project Concept Plan all as illustrated in the Project Concept Plan as attached hereto as Exhibit "A-2" which also sets forth the Study Area, and to negotiate with the Agency on its own behalf for those Agency Properties pursuant to the potential terms of a to be proposed Disposition and Development Agreement (the "Project DDA") and those other privately owned properties as may be acquired by the Developer independently of the Project DDA (the "Private Property"); and F. The Agency is entering into this Agreement to facilitate the assembly of the Private Property with the Agency Property into developable parcels of land so as to foster the community economic development goals and objectives of the Agency and the City of San Bernardino (the "City"), including the elimination and the spreading of blight, as the same relates to the Project Area, and the Agency has designated the area to be included for such study purposes to be properties within the perimeters of the Site, as depicted in Exhibit "A-I" which includes a copy of the Study Area for such study; and G. The parties are of the understanding and belief that the Project Concept Plan, in addition to the Redevelopment Plan, constitutes a "plan" for purposes of compliance with all applicable federal law and the Community Redevelopment Law and further provides the Agency with the legal rights and authorizations to acquire all or any of the Agency Property and the Private Property in furtherance of the purposes of the Redevelopment Plan and this Agreement subject to the provisions of subsection 6.d. of this Agreement, and the Agency has prepared and circulated an Initial Study in accordance with the California Environmental Quality Act of 1970, as amended ("CEQA"), and has made the necessary findings and determinations as required by CEQA and has adopted a Mitigated Negative Declaration which shall be sufficient for the undertaking of the Project Concept Plan on the Site through the implementation of the Project Concept Plan as hereinafter provided; and H. Based upon information furnished by the Developer to the Agency together with further investigations conducted by the Agency, the Developer is qualified to assist the Agency to undertake the study of specific proposals and plans for a coordinated and economically sustainable redevelopment project in the Project Area, including the Study Area, which will require further specific study, evaluation and planning by the City and Agency, as applicable, of appropriate and feasible community redevelopment program alternatives; and 2 P:\AgendaslAgenda AttachmentslAgnnts-Amend 2005\05-11-07 Watson Downtown ERN final (2).doc CDC/2005-39 I. The Developer and the Agency believe it is appropriate for the Agency, in consultation with the Developer, to review by Agency Staff those studies, reports and investigations conducted by the Developer as the Project Concept Plan Study Costs as part of a program for the study of feasible redevelopment programs for the Study Area, subject to the terms and conditions as set forth below. NOW THEREFORE, IN CONSIDERA nON OF THE MUTUAL COVENANTS AND PROMISES SET FORTH HEREIN, THE DEVELOPER AND THE AGENCY HEREBY AGREE, AS FOLLOWS: 1. The Nei!:Otiation Period and the Term of A2reement. a. The rights and duties of the parties established by this Agreement shall commence following the approval of this Agreement by the governing body of the Agency after such time as this Agreement has been fully executed by the parties within the period of time authorized in Section 17 (such date being the "Effective Date"). This Agreement will continue in effect until a date which is twenty-four (24) months from the Effective Date unless such date shall have been first extended as authorized under Section l.b.(2). Such time period during which this Agreement shall be in effect (including any extensions of time approved by the Agency) is referred to as the "Negotiation Period". b. This Agreement shall automatically terminate, without further notice or action, and be of no further force or effect twenty-four (24) months following the Effective Date, unless prior to that time: (1) the parties execute the Project DDA, as described below, which will include, without limitation, other relevant community redevelopment covenants acceptable to the Agency and such other terms and conditions mutually acceptable to the parties, in which case this Agreement shall terminate on the effective date of the Project DDA; or, (2) the parties each agree to extend the term of this Agreement in writing to a specific date, subject to the Agency first making a finding in its reasonable discretion that satisfactory progress is being made to complete the activities to be performed by the Developer as set forth in Section 3 if so determined by the Agency Executive Director for one (1) additional extension period not to exceed three hundred sixty (360) calendar days; or (3) a party terminates this Agreement as provided under Section 2.c., Section 19 or Section 20, as applicable. 2. Developer Acknowled2ments. a. The Developer hereby acknowledges and agrees that no prOVlSlon of this Agreement shall be deemed to be an offer by the Agency or an acceptance by the Agency of any offer or proposal from the Developer to convey any interest in the Agency Property or the Private Property to the Developer. Any studies relating to the Study Area, the Agency Property or the Private Property, and the Project Concept Plan that may hereafter be undertaken by the 3 P:lAgendaslAgenda AttachmentslAgrmts-Amend 2005\05-11-07 Watson Downtown ERN final (2).doc CDC/2005-39 Developer, in its sole discretion shall be the sole responsibility of the Developer and shall not be deemed to be undertaken for the benefit of the Agency, or the City. b. The qualifications and identity of the Developer and its principals are of particular concern to the Agency. The Agency relied on these qualifications and identity in entering into this Agreement with the Developer. During the term of this Agreement, no voluntary or involuntary successor-in-interest of the Developer shall acquire any right or power under this Agreement. The Developer shall not assign all or any part of this Agreement or any rights hereunder, without the prior written approval of both the governing board of the Agency and the Agency Interim Executive Director (for purposes hereof the term "Agency Interim Executive Director" shall mean the "Agency Executive Director" or such other title for the person who is then acting as the chief executive staff official of the Agency, or their duly delegated representative), which approval shall be granted or denied at their sole discretion. Notwithstanding the foregoing, the Developer shall have the right to assign this Agreement and its rights hereunder upon notice to the Agency to an entity, which controls, is controlled by or is under common control with the Developer, or its principals, members or affiliates for which the Developer retains at least a fifty-one (51 %) controlling interest in such successor entity or assIgnee. c. The Developer shall promptly notify the Agency in writing of any and all changes whatsoever in the identity of the business entities and individuals in control of the Developer, as well as any and all material changes in the interest or the degree of control of the Developer by any such party, of which information the Developer or any of its partners or officers have been notified or may otherwise have knowledge or information. Upon the occurrence of any material change in interest or control, whether voluntary or involuntary, in membership, ownership, management or control of the Developer (other than such changes occasioned by the death or incapacity of any individual) that has not been approved in the manner provided in subsection b. above, prior to or subsequent to such change (after the Developer has received reasonable notice and an opportunity to cure such change to the reasonable satisfaction of the Agency), the Agency may terminate this Agreement by serving written notice of such termination, referencing this Section, on the Developer. 3. Proiect Concept Plan Study. a. At such time following the Effective Date when the Agency and/or the City shall be in control of sufficient properties within the area included within the Project Concept Plan as shall make reasonably practicable the analysis of the development of the Project Concept Plan and the Agency has delivered notice of such effect to the Developer and Developer has reasonably approved of such notice (the "Ready Date"), the Developer shall initiate the preparation of a feasibility study for the redevelopment of the Project Concept Plan proposed by the Developer (the "Project Concept Plan Study"). Within sixty (60) calendar days after the Ready Date, the Developer shall retain the services of a firm, or firms, of community redevelopment planning, engineers, architects, land use planners and environmental consultants to produce all necessary reports, studies and environmental documentation and other investigations, surveys and reports appropriate in connection with the Project Concept Plan Study and the evaluation of the Project Concept Plan proposed by the Developer and for the 4 P:\Agendas\Agenda Attachments\Agnnts-Amend 2005\05-11-07 Watson Downtown ERN final (2).doc CDC/2005-39 processing of all entitlements required to be obtained from the City together with the required environmental review and processing. All third party costs incurred by the Developer as part of the preparation of the Project Concept Plan Study shall be paid solely by the Developer in accordance with Section 4 of this Agreement. The Developer shall cause to be completed an updated analysis of the Initial Study as approved by the Agency for the Project Concept Plan, as evidenced by the completion of either an acceptance of the Initial Study as approved by the Agency for the approval of this Agreement and the Project Concept Plan or the preparation of a new initial study as this term is defined under CEQA, to be completed for the Project Concept Plan within ninety (90) calendar days following the Ready Date, or such longer time as may be reasonably required If the parties mutually agree that the Initial Study is inadequate as of a later date to allow for the implementation of the Project Concept Plan, the Developer shall have the obligation to undertake all CEQA processing as may be deemed appropriate by the Agency and the City as of such later date prior to the Developer implementing such Project Concept Plan. As used herein, the term "best efforts basis" and "best efforts" whether applicable to the Developer or the Agency or any other person or entity not a party to this Agreement, shall mean that such entity, person or party shall perform the required action item in a timely and diligent manner and shall be responsible to incur reasonable costs, unless otherwise limited in a particular instance, in an effort to accomplish the intended result but without any guaranty or warranty as to the final outcome or result of any such efforts. The Initial Study as prepared by the Developer shall be reviewed by the Agency Staff to insure general conformity with this Agreement. Thereafter, provided the Developer has completed the studies described in Section 3.e. (A) and (B) in sufficient detail to be mutually acceptable to the Developer, the Agency and the City, the process shall commence within thirty (30) calendar days thereafter if it is mutually determined that an amendment or supplement to the CEQA process as previously completed by the Agency is then necessary to be updated or revised by the Agency as referenced herein, then, without further action of either party, the expiration date, termination date, timelines and other timeframes set forth in this Agreement shall be tolled during and for the time required to complete said update or revision to said prior CEQA determinations of the Agency. Subject to the privilege of the Developer to suspend the Project Concept Plan Study prior to its completion as set forth in Section 19, each of the parties presently believes that the Project Concept Plan Study can be completed, including without limitation, the conduct of a public hearing on a final environmental initial study document for the Project Concept Plan, within twenty-four (24) months following the Ready Date. b. The Developer may modify the description of the Project Concept Plan at any time; provided however, that substantial modifications of the Project Concept Plan shall: (i) be subject to the acceptance and approval of the Agency Executive Director which approval shall not be unreasonably withheld, conditioned or delayed; (ii) depending on the nature of such a modification, a suitable modification of the environmental and other elements of the Project Concept Plan Study as modified may also be indicated. 5 P:lAgendaslAgenda AttachmentslAgnnts-Amend 2005\05-11-07 Watson Downtown ERN final (2).doc CDC/ZOOS-39 The Agency and or the Agency Executive Director may request that the Developer consider modifications to the description of the Project Concept Plan from time-to-time. The final form of each such modification shall be subject to the reasonable approval of the Agency Executive Director and the Developer. c. The Agency shall on a best efforts basis during the course of the Project Concept Plan Study consider the specific terms and conditions of redevelopment assistance which the Developer may propose to include in the Project DDA; provided, however, the Agency reserves the sole and absolute discretion to accept, reject or modify any such proposed term or condition to the Project DDA and to approve or reject the Project DDA in its sole and absolute discretion. d. All third-party consultants, if any, retained by the Agency to review any study, report or document prepared by or on behalf ofthe Developer as part of the Project Concept Plan Study shall be subject to the sole control and direction of the Agency. The work product of any such person shall be the property of the Agency and the Agency shall have the right to use and republish such work product for any purpose subject to the reasonable consent of Developer. e. Subject to the terms and conditions of this Agreement, the Developer shall undertake an economic feasibility study of the Project Concept Plan as part of the Project Concept Plan Study consisting of the elements as set forth below: (A) preparation by the Developer in consultation with the Agency of a financial feasibility study or other similar analysis for the development of the Project Concept Plan on the Site, setting forth the plan for the acquisition of the Agency Property and the Private Property and the phasing of the Project Concept Plan development, if any, and an estimate of development costs, project income and a pro forma statement of Project Concept Plan capital return including, without limitation, the following: (1) final projections of Project Concept Plan income and operating expenses; and (2) final projections of debt and equity that will be required of the Developer to undertake the Project Concept Plan including construction and permanent financing of the private structures and infrastructure financing for all publicly owned facilities; and (3) final projections of Project Concept Plan cash flows; and (4) final projections of public (City, State and Federal) financial assistance anticipated for the Project Concept Plan including source, dollar amount, timing of the necessity for such funds and the probable repayment sources; and (5) final projections of overall development costs, including private and public improvements, Project Concept Plan assessed values, revenues 6 P:lAgendaslAgenda AttachmentslAgrmts-Amend 2005\05-11-07 Watson Downtown ERN final (2).doc CDC/2005-39 designated by sources and dollar amounts, transient occupancy taxes, sales and property taxes. An initial draft of a document including the study elements identified in subparagraph (I) through (5) above shall be completed by the Developer and submitted to the Agency within ninety (90) calendar days following the Ready Date. Thereafter, the parties shall refine the draft document as submitted by the Developer in accordance with a schedule to be mutually agreed upon for the refinement of the work for such studies, including the content and scope thereof, to be mutually approved by the parties. (B) Prior to the time when the Developer determines either to accept the Initial Study of the Agency or to undertake an update or supplement thereto or some other form of CEQA process, as determined pursuant to CEQA, the Developer in consultation with the Agency, shall have prepared a proposed conceptual development plan for the Project Concept Plan, to include, without limiting: (1) proposed land use categories on a parcel-by-parcel basis, including proposed zoning and General Plan changes, if any, necessary to accommodate the Project Concept Plan; and (2) proposed time schedule and cost estimates for the development and proposed public and private infrastructure upgrades, proposed publicly owned facilities, public improvements, public infrastructure and private development; and (3) proposed financing plan identifying the timing of receipt by the Developer and the Agency, as applicable, of the financing sources for all private and public improvements proposed in the Project Concept Plan, by phase, if applicable; and (4) proposed terms and price for the acquisition of the Agency Property, if any, as may be deemed necessary for the Project Concept Plan; and (5) proposed financing plan for the acquisition by the Developer and/or the Agency of any Private Property as necessary for the Project Concept Plan. The conceptual development plan for the Project Concept Plan as described above may be revised from time-to-time in accordance with a schedule of preparation and revisions as may be mutually approved by the parties. f. Within ninety (90) calendar days after the Ready Date, the Developer shall inform the Agency in writing whether, based on the information set forth in Section 3.e. (A), the Developer believes that the Project Concept Plan is feasible and whether the Developer has determined to rely upon the Initial Study and Mitigated Negative Declaration as approved by the Agency or to initiate a separate process under CEQA pursuant to a "Notice of Preparation" or a "Notice of Intention to Adopt a Negative Declaration" as these terms are defined in CEQA, as 7 P:\AgendaslAgenda AttachmentslAgrmts-Amend 2005\05-11-07 Watson Downtown ERN final (2).doc CDCj2005-39 applicable, and prior to any circulation of such CEQA documents. Thereafter, the Developer and the Agency may proceed to negotiate the final form of an agreement, in which the specific terms for the redevelopment of the Site may be set forth on terms mutually acceptable to the parties as may be contained in the Project DDA subject to the final approval thereof by the parties each at their sole and absolute discretion. g. The Developer shall submit each of the items of information described in this Section to the Agency Executive Director within the time periods set forth above. Within fifteen (15) calendar days after receipt of any such information, the Agency Executive Director shall determine whether such information is satisfactory. If the specific item of information is unsatisfactory to the Agency Executive Director, he or she shall notify the Developer in writing of the reason or reasons that the information is unsatisfactory. If the Agency Executive Director does not make a determination regarding any item of information submitted by the Developer under this Section 3 within twenty (20) calendar days of receipt of such information, the information as submitted by the Developer shall be deemed submitted in acceptable form to the Agency. The determinations to be made by the Agency Executive Director under this subsection shall in no manner bind or constitute the approval of the Agency regarding, without limitation, plans, specifications, engineering, architecture, uses, tenants, sale prices, rental rates, the Project, Concept Plan or the Project DDA. 4. Project Concept Plan Study Costs. For the purposes of this Agreement, "Project Concept Plan Study Costs" shall mean and refer to the costs and expenses of third party consultants who are engaged by the Developer under written contract to undertake one or more elements of the Project Concept Plan Study including the environmental review and processing and the preparation of all required studies and reports in furtherance of the entitlements to be requested by the Developer from the City. Project Concept Plan Study Costs shall include third party costs incurred by the Developer in connection with the preparation or submission of any information relating to the Project Concept Plan on which any element of the Project Concept Plan Study may be based, including civil engineering expenses, traffic consultant fees, architectural fees, accounting fees and similar expenditure items. In addition to the Project Concept Plan Study Costs incurred and paid by the Developer, each party shall bear its own legal fees and costs and for consultants and service providers which such party engages. Notwithstanding the foregoing, the Developer understands that the Agency may request, and the Developer shall consider, that the Developer enter into one or more separate written agreements pursuant to which the Developer would reimburse the Agency for specifically budgeted, identified and capped third party independent consultant costs which the Agency may desire to enter into based on staffing unavailability for purposes of undertaking a comprehensive review the Project Concept Plan Study. The Developer further recognizes that it will be required by either the City or the Agency as the "lead agency" under CEQA in the event that an additional CEQA analysis or processing of document is required, to enter into a separate agreement for all additional costs that may be incurred by either the City or the Agency in such "lead agency" capacity to review and process all CEQA documents to be prepared by or on behalf of the Developer as the Project Concept Plan Study Costs. 5. Oblil!ations of the Developer. 8 P:lAgendaslAgenda AttachmentslAgrmts-Amend 2005105-11-07 Watson Downtown ERN final (2).doc CDC/200S-39 During the Negotiation Period, the Developer shall proceed diligently and in good faith to perform the following: a. Consider the redevelopment of the Project Concept Plan, including without limitation the selection of housing product types and the design of improvement elements as appropriate for the Project Concept Plan in addition to any commercial or retail elements of the Project Concept Plan; and b. Review and provide the Project Concept Plan Study information described in Section 3 and provide all draft versions of any CEQA document required by the City to be prepared by the Developer as part of the Project Concept Plan Study and the Project DDA if it is determined that the Initial Study of the Agency is inadequate at a later date to undertake the Project Concept Plan and, if acceptable to the Developer, submit an executed copy of the final form of the Project DDA to the Agency Executive Director on or before the end of the Negotiation Period (or such later date corresponding to an authorized extension of the Negotiation Period); and c. Consult with the Agency and the Agency Executive Director on a regular basis and keep the Agency and the Agency Executive Director advised on the progress of the Developer in completing its obligations under this Agreement. 6. Al!encv Not to Nel!otiate with Others. a. The Agency currently deems the disposition of the Agency Property, the acquisition of the Private Property and the redevelopment of the Site for a feasible Project Concept Plan to be appropriate, and the Developer appears to be well qualified to undertake the task of planning the details for the acquisition of the entire Site, including the sale of the Agency Property to the Developer. b. During the Negotiation Period, and subject to the Agency's compliance with the California Community Redevelopment Law ("CRL") and the Agency's Owner Participation Rules regarding the rights of owners and tenants within the Project Area, the Agency shall negotiate exclusively with the Developer with respect to the Site during the Negotiation Period, the Agency shall not negotiate with any other person or entity regarding either the disposition of any of the Agency Property or the redevelopment of the Project Concept Plan on the Site and/or the Study Area. The term "negotiate," as used herein, shall be deemed to preclude the Agency from accepting any other offer or proposal from a third party to either acquire from the Agency any interest in any of the Agency Property (in whole or in part) or redevelop the Site, and from considering other redevelopment proposals for the Site with third persons or entities; provided, however, any person may submit to the Agency and the Agency may consider any proposal for the disposition and/or redevelopment of any lands adjacent to the Site. Nothing contained herein shall be interpreted to prevent or limit the requirement and the ability of the Agency to negotiate with and obtain property interests in any real property or business interest located within the Site when such third party is exercising their rights pursuant to the Agency's Owner Participation Rules as required under the CRL. 9 P:\AgendaslAgenda AttachmentslAgrmts-Amend 2005\05-11-07 Watson Downtown ERN final (2).doc CDCj200S-39 c. During the Negotiation Period, the Agency may in its sole discretion, elect to acquire any Private Property as the Agency may deem appropriate on such terms and conditions as the Agency may approve. Nothing herein shall be deemed to be a commitment or understanding by the Agency to the Developer to acquire any such Private Property as may be offered for sale or which otherwise may become available for acquisition during the Negotiation Period and the Agency shall not be deemed to have appropriated or made available any funds therefore. d. Nothing in this Agreement shall bind the Agency to, or be construed to be a commitment by the Agency to, exercise its power to acquire property pursuant to Health and Safety Code section 33391 or to exercise its power of eminent domain with regard to any particular parcel or parcels comprising the Site. As may be further provided in the Project DDA, the Agency may be requested, however, to consider in good faith, consistent with any applicable provision of law, any request from the Developer that the Agency exercise its power of eminent domain with regard to any particular parcel or parcels of the Private Property comprising the Site. In no event shall the Agency have any liability to the Developer for the Agency's failure to act upon the Developer's request, nor shall the Agency exercise its power of eminent domain unless and until the governing board of the Agency (the "Agency's Board") has duly considered the evidence before it as to whether the affected property is necessary for a public use under applicable federal and State laws and, in the exercise of the Agency's Board's sole and absolute discretion, has adopted a resolution of necessity after a duly noticed public hearing, and has otherwise complied with the provisions of the Californian Eminent Domain Law, Code of Civil Procedure Section 1230.010, et seq. The Project DDA shall additionally set forth the financial obligations of the Developer for the payment of the costs of such eminent domain proceedings, including appraisal costs, expert witness fees and legal expenses, whether through the purchase price of the property so acquired or otherwise. e. Notwithstanding any other provision of this Agreement, during the Negotiation Period, the Agency shall not be precluded from furnishing, to persons or entities unrelated to the Developer, information in the possession of the Agency relating to the redevelopment of any other land owned or controlled by the Agency in close proximity to the Site except for the Study Area. Consideration of the redevelopment of the Project Area under the terms of the Redevelopment Plan shall remain in the sole and exclusive purview of the Agency. The Agency may also provide any other information in its possession that would customarily be furnished to persons requesting information from the Agency concerning its activities, goals and matters of a similar nature, or as required by law to be disclosed upon request. 7. A2encv Cooperation. During the Negotiation Period, the Agency shall: a. At the request of Developer, use its best efforts to assemble written materials and documents relating to the Site that are in the possession of the Agency. 10 P:\Agendas\Agenda Attachments\Agnnts-Amend 2005\05-11-07 Watson Downtown ERN final (2).doc CDC/2005-39 b. Use its best efforts to provide appropriate comment to the Developer with respect to one or more conceptual development plans, as may be proposed by the Developer for the Project Concept Plan, and the redevelopment of the Site, including, but not limited to, conceptual plans or studies of the vacation, realignment or abandonment of public property, rights-of-way and facilities, the installation and improvement of public improvements and environmental evaluation of the Project Concept Plan. c. Use its best efforts to provide the Developer with limited access to those portions of the Site owned by the Agency and referred to herein as the Agency Property, during the Negotiation Period, for the purpose of conducting customary due diligence investigations thereon, including environmental investigations of the subsurface or any structure thereon, subject to the terms and conditions of a separate environmental investigation and inspection license agreement to be agreed upon by the Agency and the Developer, at some later date, if applicable. d. Use its best efforts to provide the Developer with information or copies of studies performed or to be performed relative to the Project Area. e. Use its best efforts to formalize the Project DDA with the Developer, wherein the Agency agrees to transfer to the Developer the Agency Property for such consideration to be agreed upon, including the development of the Project Concept Plan as attached hereto as Exhibit "A-2". f. Use its best efforts to assist the Developer in obtaining the entitlements necessary to develop the Project Concept Plan on the Site but without the incurring of any independent consultant or legal expenses. g. Use its best efforts without the incurring of any consultant or legal expenses to utilize Agency Staff personnel to expedite compliance under CEQA for the Project Concept Plan in addition to the CEQA compliance completed by the Agency for the approval of this Agreement and the Concept Plan, including, without limitation, any zoning changes, adoption of a Specific Plan if required by the Developer, General Plan amendments and all other entitlements necessary for the development of the Project Concept Plan on the Site, suggested by the Developer in its proposed conceptual development plan, referred to in Section 3.e.(B) above, or at any other time during the Negotiation Period. 8. Nee:otiation of Proiect DDA. During the Negotiation Period but after the Ready Date, the Agency and the Developer shall negotiate diligently and in good faith to prepare and enter into the Project DDA. Both of the parties shall exercise best efforts to complete discussions relating to the final terms and conditions of the Project DDA and such other matters, as may be mutually acceptable to the parties for the redevelopment of the Project Concept Plan on the Site, prior to the expiration of the Negotiation Period, but neither party, after such diligent and good faith negotiations, shall be bound by any term or provision of this Agreement to complete any such negotiations or to execute any final Project DDA. 11 P:lAgendaslAgenda AttachmentslAgrmts-Amend 2005\05-11-07 Watson Downtown ERN final (2).doc CDC/2005-39 9. Consideration for this Al!reement and Reservation of Ril!hts. In consideration for the Agency's entering into this Agreement, the Developer will undertake its obligations under this Agreement and provide the Agency with copies of all studies and reports and other non-confidential or non-attorney-client privileged information generated by the Developer or its consultants regarding the Project Concept Plan or the Site. Notwithstanding the foregoing, the Developer shall provide all information required under Section 3.e. in its entirety as set forth therein, and in accordance with Section 11, all information as may be provided by the Developer to the Agency which is of a confidential nature shall be subject to the provisions of said Section 11 which provides that the Agency agrees to maintain the confidentiality of any financial and/or proprietary information of the Developer that is exempt from disclosure as a Public Record pursuant to Government Code Sections 6254.15 and 6255 all as shall be determined by the City Attorney. The parties agree that, if this Agreement terminates for any reason, the Agency fails to extend the Negotiation Period or the Project DDA is not finally approved by the Agency, for any reason, neither party shall be under any further obligation to the other party regarding the disposition, acquisition, reuse, redevelopment or development of the Project Concept Plan or the Site. 10. Planninl! and Desil!n: Related Acknowledl!ments of the Parties. Certain development standards and design controls for the Project Concept Plan may be established between the Developer and the Agency in negotiation of, or in the final form of, the Project DDA, but it is understood by both parties that the Project Concept Plan and the redevelopment of the Site must conform to the City's development, design and architectural standards. The Agency Staff shall use best efforts to cooperate with the Developer's professional associates in providing information and assistance in connection with the Developer's preparation of drawings, plans and specifications. Nothing in this Agreement shall be considered approval of any plans or specifications for the Project Concept Plan or the Site, itself, by either the Agency or the City. 11. Developer Financial Disclosures. The Developer acknowledges that it may be requested to make certain confidential financial disclosures to the Agency, its staff or legal counsel, as part of the financial due diligence investigations of the Agency relating to the potential disposition of the Property to the Developer. The parties recognize that such financial disclosures may contain sensitive information relating to other business transactions of the Developer, that the disclosure of such information to third parties could impose commercially unreasonable and/or anti-competitive burdens on the Developer and, correspondingly, diminish the value or fiscal benefit that may accrue to the Agency upon the disposition of the Property to the Developer, if the terms for such disposition are mutually agreed upon. Accordingly, the Agency agrees to maintain the confidentiality of any of the Developer's financial and/or proprietary information that is exempt from disclosure as a Public Record pursuant to Government Code Sections 6254.15 and 6255 all as shall be determined by the City Attorney. The Developer shall indemnify, defend (subject to the approval of the Developer's legal counsel by the City Attorney), and hold harmless, including payment of attorney's fees, the City of San Bernardino and the Agency from any 12 P:lAgendaslAgenda AttachmentslAgnnts-Amend 2005\05-11-07 Watson Downtown ERN final (2).doc CDC/2005-39 action, lawsuit or other proceeding initiated to obtain access to documents that may be determined to be exempt from disclosure pursuant to the applicable provisions of the Public Records Act. The costs, salary and expenses of the City Attorney and members of his office in representing the City and/or the Agency shall be considered as "attorney's fees" for the purposes of this Section. 12. Nondiscrimination. The Developer shall not discriminate against nor segregate any person, or group of persons on account of race, color, creed, religion, sex, marital status, handicap, national origin, sexual orientation, or ancestry in undertaking its obligations under this Agreement. 13. Compliance with Law. The Developer acknowledges that the Project DDA, if mutually agreeable terms are established, may require the Developer (among other things) to carry out the construction of certain improvements in conformity with all applicable laws, including all applicable planning and zoning laws, environmental planning and safety laws and federal and state labor and wage laws that will require the payment of the prevailing wage rates all as shall be further set forth in the Project DDA. 14. ReQuired Approvals. No Project DDA between the parties shall have any force or effect, nor shall the Agency be deemed to be a party to any agreement for the disposition of any real or personal property to the Developer, until the terms and conditions of the Project DDA are considered and approved by the governing body of the Agency, following the conclusion of a noticed public hearing, as required by the CRL. 15. Press Releases. The Developer agrees to discuss any press releases it may propose relating to the Site with the Agency Executive Director or his/her designee, prior to publication, to assure accuracy and consistency of the information. The Agency Executive Director shall not issue press releases or make public disclosure of information concerning the Site or the Developer's proposals (unless the Developer has consented thereto) except as may be required by applicable law. 16. Notices. All notices required hereunder shall be presented in person or by FAX and confirmed by First Class certified or registered United States mail with return receipt requested. Notice shall be deemed confirmed by United States mail effective the second (2nd) business day after deposit with the United States Postal Service. Notice by personal service shall be deemed effective upon delivery. Either party may change their address for receipt of notice by notifying the other party in writing. 13 P:lAgendaslAgenda AttachmentslAgrmts-Amend 2005\05-11-07 Watson Downtown ERN final (2).doc CDC/2005-39 TO DEVELOPER: Watson & Associates Development Co., Inc. Attn.: James Watson 101 Main Street, Suite A, P.O. Box 610 Seal Beach, California 90740 (562) 430-0503 TO AGENCY: Redevelopment Agency of the City of San Bernardino Attn.: Interim Executive Director 201 North "E" Street, Suite 301 San Bernardino, California 92401 (909) 663-1044 17. Acceptance of Al!reement bv the Developer. The Developer shall acknowledge its acceptance of this Agreement by delivering three (3) counterpart executed copies of this Agreement signed by an authorized party on behalf of the Developer. The delivery by the Developer to the Agency of the executed counterpart copies of this Agreement shall be completed either prior to or within thirty (30) calendar days following the approval of this Agreement by the Agency's Board or thereafter this Agreement shall have no further force and effect with respect to either party. 18. Authority. This Agreement may be executed in counterparts, and when fully executed by the parties, each such counterpart shall be deemed to be one original document. Each signatory to this Agreement represents and warrants that he or she has the authority to execute this Agreement on behalf of the principal whom he or she purports to represent. 19. Optional Termination: Extension bv Developer. Provided the Developer is not in default, the Developer may: (a) in its sole and absolute discretion exercise an election to suspend the Project Concept Plan Study, and thereafter this Agreement shall terminate and the parties shall be mutually released from any further obligations hereunder; provided, however, that the Developer gives thirty (30) calendar days' prior written notice to the Agency and has paid all amounts of the Agency expenses that were incurred by the Agency in reliance upon any separate written agreement or agreements with the Developer wherein the Developer has agreed to reimburse the Agency for specifically budgeted and identified third party independent consultants, which the Agency has sought to retain due to the unavailability of staff to review the Project Concept Plan Study or (b) notwithstanding limitations expressed elsewhere in the Agreement, elect to extend the Negotiation Period for such period of time as the Project Concept Plan approvals may be delayed due to governmental action or inaction, it being the intent of this provision that the Developer not be prejudiced in the event that the governmental approval or analytical process is not completed within the currently contemplated Negotiation Period. As a condition precedent to the exercise of the extension of 14 P:lAgendaslAgenda AttachmentslAgrmts-Amend 2005\05-11-07 Watson Downtown ERN final (2).doc CDC/200S-39 time as set forth in item (b) of the preceding sentence, the Developer shall provide written notice to the Agency within ten (10) calendar days after the date when the alleged event has occurred that gives rise to the type of delays set forth in item (b) of the preceding sentence. 20. Defaults and Breach - General. Failure or delay by either party to perform any material term or provision of this Agreement shall constitute a default under this Agreement; provided, however, that if the party who is otherwise claimed to be in default by the other party commences to cure, correct or remedy the alleged default within thirty (30) calendar days after receipt of written notice specifying such default and shall diligently complete such cure, correction or remedy, such party shall not be deemed to be in default hereunder. The party, which may claim that a default has occurred, shall give written notice of default to the party in default and specifying the alleged default. Delay in giving such notice shall not constitute a waiver of any default nor shall it change the time of default; provided, however, the injured party shall have no right to exercise any remedy for a default as set forth herein without delivering the written default notice as specified herein. Any failure or delay by a party in asserting any of its rights and remedies as to any default shall not operate as a waiver of any default or of any rights or remedies associated with such a default. In the event that a default of either party may remain uncured for more than thirty (30) calendar days following written notice, as provided above, a "breach" shall be deemed to have occurred unless such party who is alleged to be in default is in the process of diligently prosecuting the cure of such default, such cure was commenced immediately upon receipt of notice as above set forth and such breach cannot be cured within said thirty (30) days even though the cure was commenced in a timely manner. In the event of a breach, the party who is not in default shall be entitled to seek any other appropriate remedy by initiating legal proceedings. The successful party in any such legal proceeding shall be entitled to recover its reasonable attorney's fees as an element of its damages, either as part of such legal proceedings or in a separate legal action to recover such attorney's fees. The costs, salary and expenses of the City Attorney and members of his office in enforcing this Agreement shall be considered as "attorney's fees". In the event that a breach has occurred under this Section 20, the party who is not then in default may terminate this Agreement by serving the other party with a written notice of termination, and thereafter the Agreement shall terminate thirty (30) calendar days following the date of service of the notice of termination on the other party. 21. Governin!! Law: Venue. The parties hereto acknowledge that this Agreement has been negotiated and entered into in the State of California. The parties hereto expressly agree that this Agreement shall be governed by, interpreted under, and construed and enforced in accordance with the laws of the 15 P:\AgendaslAgenda AttachmentslAgnnts-Amend 2005\05-11-07 Watson Downtown ERN final (2).doc CDC/2005-39 State of California. Further, the parties to this Agreement hereby agree that any legal actions arising from this Agreement shall be filed in California Superior Court, in the Court of San Bernardino, Central District. 22. Partial Invaliditv. If any term, provision or portion of this Agreement or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this Agreement, or the application of such term or provision or portion thereof to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and each such term and provision of this Agreement shall be valid and enforced to the fullest extent permitted by law. 23. No Intent to Create Third Party Beneficiaries. The parties intend that the rights and obligations under this Agreement shall benefit and burden only the parties hereto, and do not intend to create any rights in, or right of action to or for the use or benefit of any third party, including any governmental agency, who is not one of the parties to this Agreement. 24. Waivers. No waiver of any breach of any covenant or provision herein contained shall be deemed a waiver of any preceding or succeeding breach thereof, or of any other covenant or provision herein contained. No extension of the time for performance of any obligation or act to be performed herein shall be deemed to be an extension of the time for performance of any other obligation or act to be performed under this Agreement. 25. Entire Ae:reement. This Agreement (including all Exhibits attached hereto) is the final expression of, and contains the entire agreement between, the parties with respect to the subject matter hereof and supersedes all prior understandings with respect thereto. This Agreement may not be modified, changed, supplemented or terminated, nor may any obligations hereunder be waived, except by written instrument signed by the party to be charged or by its agent duly authorized in writing or as otherwise expressly permitted herein. This Agreement may be executed in one or more counterparts, each of which shall be an original, and all of which together shall constitute a single instrument. 26. Time of Essence. Except as provided in Section 19 of this Agreement, time is strictly of the essence with respect to each and every term, condition, obligation and provision hereof and that failure to timely perform any of the terms, conditions, obligations or provisions hereofby either party shall constitute a default under this Agreement by the party so failing to perform subject to such 16 P:lAgendaslAgenda AttachmentslAgrmts-Amend 2005\05-11-07 Watson Downtown ERN final (2).doc CDC/2005-39 failure to timely perform being waived by the non-defaulting party at their sole option and discretion. 27. Construction. Headings at the beginning of each section, paragraph and subparagraph are solely for the convenience of the parties and are not a part of this Agreement. Whenever required by the context of this Agreement, the singular shall include the plural and the masculine shall include the feminine and vice versa. This Agreement shall not be construed as if it had been prepared by one of the parties, but rather as if both parties had prepared the same. Unless otherwise indicated, all references to Sections are to this Agreement. All exhibits referred to in this Agreement are attached hereto and incorporated herein by this reference. IN WITNESS WHEREOF, the undersigned have executed this Agreement on the dates indicated next to each of their signatures as appear below. DEVELOPER Watson & Associates Development Co., Inc. A California corporation Dated: / /~ J" - tf) S r ' By: Dated: AGENCY Date: November 10. 2005 Redevelopment Agency of the City of San Bern mo, :Ji1~O'l ~ Interim Executivb Director APPROVED AS TO FORM: A!!2~;i M~ 17 P:lAgendaslAgenda AttachmentslAgrmts-Amend 2005\05-11-07 Watson Downtown ERN final (2).doc CDC/200S-39 EXHIBIT "A-I" Map of Study Area, including the Site 18 P:lAgendaslAgenda AttachmentslAgrmts-Amend 2005\05-11-07 Watson Downtown ERN final (2).doc cnc/ZOOS-3.9, ,_. . . .. -HW .. Waw 00 @ @ sm:E!T u . . ,. "~ ~,. ,'. . '. . , 1 STREET ~ :n m !!1 CDC/2005-39 EXHIBIT "A-2" Project Concept Plan 19 P:lAgendaslAgenda AttachmentslAgrmts-Amend 2005\05-11-07 Watson Downtown ERN final (2).doc CDC/2005-39 H STREET ~ o d ~' ~ ~ ~ r ... ,,~ ~ 10 ~ ~ ~ == ~ o ~ ~ rJ1 rJ1 ~ ~ CDC/2005-39 .; REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO INITIAL STUDY REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO INITIAL STUDY FOR The assemblage of approximately 9.5 acres of land, consisting of 28 parcels, and the proposed development of residential and mixed use units. PROJECT DESCRIPTION/LOCA TION: The proposed project area is irregular in shape, and is generally located east of H Street, south of Spruce Street, north of Fourth Street, and west ofF Street. The assemblage of approximately 9.5 acres of land, consisting of 28 parcels, and the proposed development of residential and mixed use units. Final plans for the project area have not been determined, but a mixed use development concept plan (Project) has been proposed, and is being considered at this time. This Initial Study addresses all known issues associated with the acquisition of the properties, and their eventual redevelopment. Changes in the project design and scope in the future may necessitate additional environmental review in the future. DATE: October 5, 2005 PREP ARED BY Nicole Sauviat Criste, Consulting Planner Redevelopment Agency of the City of San Bernardino 201 North E Street, Suite 301 San Bernardino, CA 92401 (909) 663-1044 PREPARED FOR Redevelopment Agency of the City of San Bernardino 201 North E Street, Suite 301 San Bernardino, CA 92401 (909) 663-1044 IS 1 CDC/2005-39 ~ REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO INITIAL STUDY The California Environmental Quality Act (CEQA) requires the preparation of an Initial Study when a proposal must obtain discretionary approval from a governmental agency and is not exempt from CEQA. The purpose of the Initial Study is to determine whether or nor a proposal, not exempt from CEQA, qualifies for a Negative Declaration or whether or not an Environmental Impact Report (EIR) must be prepared. 1. Project Title: The assemblage of approximately 9.5 acres of land, consisting of 28 parcels, and the proposed development of residential and mixed use units. 2. Lead Agency Name: Address: Redevelopment Agency of the City of San Bernardino 201 North E Street, Suite 301 San Bernardino, CA 92401 3. Contact Person: Phone Number: Michael Trout 909-663-1044 4. Project Location (Address/Nearest cross-streets): East ofH Street, south of Spruce Street, north of Fourth Street, and west ofF Street. (see Exhibit 1, Project Concept Plan). 5. Project Sponsor: Address: Redevelopment Agency of the City of San Bernardino 201 North E Street, Suite 301 San Bernardino, CA 92401 6. General Plan Designation: Regional Commercial (CR-2) 7. Description of Project (Describe the whole action involved, including, but not limited to, later phases of the project and any secondary, support, or off-site feature necessary for its implementation. Attach additional sheets, if necessary): The proposed project consists of the purchase of property located east of H Street, south of Spruce Street, north of Fourth Street, and west of F Street. A total of 28 parcels are proposed for acquisition. The majority of parcels are developed, although some are developed but abandoned or unoccupied. The acquisition is proposed to be for the purposes of redevelopment of the area. The Agency has purchased some parcels within the project area from willing sellers as they have become available. The Agency anticipates, however, having to exercise its powers of eminent domain to secure some of the properties. The concept plan proposes mixed use (commercial on the ground floor, residential on upper floor(s)) for properties with frontage on Fifth and Fourth Street, attached single family residential development for parcels located immediately south of the mixed use development on the south side of Fifth Street, and townhouse development on the west side of G Street. Eventual redevelopment would consist of up to 200 residential units, in addition to an undetermined amount of commercial development. The area being considered for mixed use development totals approximately 5.6 acres. At an estimated 50% building coverage, this area could generate 122,000 IS 2 REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO INITIAL STUDY square feet of commercial offices and retail space on the ground floor. The proposed layout of the project are depicted in Exhibit 1, Project Concept Plan. All property being considered for acquisition is located in the Central City North Redevelopment Plan Area (CCNRA). The property is currently owned by multiple land owners. The Redevelopment Agency has been acquiring property from willing sellers in this area as it has become available. On September 7 of 2004, the Agency amended the Redevelopment Plan for this area, and re-instituted eminent domain in the CCNRA. At that time, the Agency considered and certified an Environmental Impact Report (SCH #2003031072). The proposed acquisition is consistent with, and implements the provisions of the CCNRA. The parcels being considered for acquisition are Assessor's Parcel Numbers 134-054-24 through- 26, 134-054-07, 134-061-25, 134-061-21& -22,134-061-30, 134-101-02 through -06,134-101-28, 134-093-05 through -11, 134-093-19 & -20, 134-093-40 & -41, and 134-093-43 through -45. 8. Surrounding Land Uses and Setting: The project area is surrounded by a mix of development, including single and multi-family residential, commercial and institutional land uses. 9. Other agencies whose approval is required (e.g., permits, finance approval, or participation agreement): City of San Bernardino: Approval of various planning permits to allow development. IS 3 , ~ ~ ~ ~ tj ~ z ~ ~ 1J'J 1J'J ~ ~ ~ 1J'J ~ 0 ~ = ~ ~ I;,,) ~ ~ ~ ~ ~ < ~ DDD ~ .. ~. '~' =:. ~ 1J'J = t: ~ ~. .L3.3.1tLS H ~ ~ =: ~ 1J'J ~ S ~ (t REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO INITIAL STUDY ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. 0 Aesthetics 0 Agriculture Resources [8J Air Quality 0 Biological Resources 0 Cultural Resources 0 Geology / Soils [8J Hazards & Hazardous 0 Hydrology / Water Quality 0 Land Use / Planning Materials 0 Noise 0 Population / Housing 0 Mineral Resources 0 Recreation 0 Transportation / Traffic 0 Public Services 0 Mandatory Findings of 0 Utilities / Service Systems Significance On the basis of this Initial Study, the City of San Bernardino Environmental Review Committee finds: o I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. [8J I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. o I find that the proposed project MA Y have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. o I find that the proposed project MA Y have a "potentially significant impact" or "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMP ACT REPORT is required, but it must analyze only the effects that remain to be addressed. o I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursu t to that EIR or NEGATIVE DECLARATION, including revisions or mitigation u that' u n the proposed project, nothing further is required. IOI(/D~ Date IJ&;;U 'ilUlflltf (kr9/f: Printed Name For IS 5 . REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO INITIAL STUDY Less Than Potentially Significant Less Than No Significant With Significant Impact Impact Mitigation Impact Incorporation I. AESTHETICS - Would the project: a) Have a substantial adverse effect on a scenic 0 0 0 ~ vista as identified in the City's General Plan? b) Substantially damage scenic resources, 0 0 0 ~ including but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? c) Substantially degrade the existing visual 0 0 0 ~ character of quality of the site and its surroundings? d) Create a new source of substantial light or glare 0 0 ~ 0 which would adversely affect day or nighttime view in the area? e) Other: 0 0 0 ~ Discussion: The acquisition of property will have no impact on aesthetics in the project area. The eventual redevelopment of the site will result in new construction in a fully developed and blighted area. The redevelopment of the site would therefore be expected to have a beneficial impact on scenic vistas in the area. There are no significant scenic trees, rock outcroppings or other features within the project area. The redevelopment of the site will create similar lighting and glare impacts as currently occur, insofar as a mix of commercial and residential land uses are likely to occur on the site. Individual project proposals within the project area will be reviewed for consistency with the City's lighting standards in the future. Impacts associated with light and glare are expected to be less than significant. IS 6 REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO INITIAL STUDY II. AGRICULTURE RESOURCES: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to a non- agricultural use? b) Other: Less Than Potentially Significant Less Than No Significant With Significant Impact Impact Mitigation Impact Incorporation 0 0 0 ~ o o o ~ Discussion: Neither the acquisition of property nor the redevelopment of the area will have any impact on agricultural resources. The project area is located in a fully urbanized area of the City, and is not, and has riot been, in agriculture. No agricultural lands occurs in the vicinity, and no Williamson Act contracts occur on the project area or its surroundings. The land is designated Commercial Regional in the General Plan, a designation that facilitates the development of urban-density commercial and residential development. IS 7 REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO INITIAL STUDY Less Than Potentially Significant Less Than No Significant With Significant Impact Impact Mitigation Impact Incorporation III. AIR QUALITY - Would the project: a) Conflict with or obstruct implementation of the D D D ~ applicable air quality plan? (South Coast Air Basin) b) Violate any air quality standard or contribute D ~ D D substantially to an existing or projected air quality violation based on the thresholds in the SCAQMD's "CEQA Air Quality Handbook?" c) Result in a cumulatively considerable net D D ~ D increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors) ? d) Expose sensitive receptors to substantial D D D ~ pollutant concentrations? e) Create objectionable odors affecting a D D D ~ substantial number of people based on the information contained in Project Description Form? f) Other: D D D ~ Discussion: The acquisition of property will have no impact on air quality in the project area. The eventual demolition of existing land uses (which total approximately 155,000 square feet), and the redevelopment of the area have the potential to result in significant air quality impacts. Each of the impact areas is reviewed independently below. The proposed project is consistent with the General Plan land use designation applied to the property. Air quality management planning for the City and region have been developed based on the General Plan land use maps for the City and those around it. The project does not propose any unusual or highly polluting land uses. The project is therefore consistent with the air quality management plans in place for the region. IS 8 REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO INITIAL STUDY Demolition Emissions Implementation of the proposed project will require two steps. First, existing improvements on the site will be removed. Then, the site will be redeveloped. Heavy equipment will be required to remove existing structures and improvements within the project area, which will generate air emissions. The Table below illustrates typical daily emissions from heavy equipment associated with demolition of on-site improvements. Although it is not possible to accurately represent the type and number of vehicles which may be required, due to the preliminary nature of the plans for the project, the Table below provides a reasonable scenario of potential impacts associated with demolition on the site. Table 1 Demolition Equipment Emissions - Diesel powered (pounds per day) # # Equipment Pieces hrs/day CO ROC Nox Sox PMIO Tracked Loader 2 8 3.216 1.520 13.280 1.216 0.944 Tracked Tractor 1 8 2.80 0.96 10.08 1.12 0.90 Scraper 1 8 10.00 2.16 30.72 3.68 3.28 Wheeled Dozer 2 8 5.60 2.64 Wheeled Loader 1 8 4.58 1.84 15.20 1.46 1.36 Miscellaneous 1 8 5.40 1.20 13.60 1.14 1.12 Total: 25.99 7.68 82.88 14.22 10.24 SCAQMD Thresholds of Significance 550.00 75.00 100.00 150.00 150.00 As demonstrated, the potential demolition will not exceed thresholds of significance as established by the SCAQMD. Further, the proposed project site will be required to be inspected for potential hazardous materials, including asbestos content and lead paint in buildings prior to demolition (please see Hazardous Materials section, below), and these potential impacts will be addressed prior to the initiation of any demolition activity. Impacts associated with demolition of structures and improvements within the project site are therefore expected to be less than significant. Construction Impacts The grading of the site has the potential to generate two types of emissions. First, those chemical - emissions generated by the operation of heavy equipment, and second those emis,sions of fugitive dust generated by ground disturbance. Because of the developed nature of the project area, however, grading activities are expected to be minimal, and of short duration. The Table below illustrates the potential impacts associated with grading of the project site. IS 9 REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO INITIAL STUDY Table 2 Grading Equipment Emissions. Diesel powered (pounds per day) # # Equipment Pieces hrs/day CO ROC Nox Sox PM\o Tracked Tractor 1 8 2.80 0.96 10.08 1.12 0.90 Scraper 1 8 10.00 2.16 30.72 3.68 3.28 Wheeled Dozer 1 8 2.80 1.32 Wheeled Loader 1 8 4.58 1.84 15.20 1.46 1.36 Motor Grader 1 8 1.21 0.31 5.70 0.69 0.49 Miscellaneous 1 8 5.40 1.20 13.60 1.14 1.12 Total: 23.98 6.47 75.30 10.89 8.46 SCAQMD Thresholds of Significance 550.00 75.00 100.00 150.00 150.00 As demonstrated above, the grading of the project site would not exceed the thresholds established by the SCAQMD. The project will also generate fugitive dust during grading operations. The City, and the project site, can be subject to significant winds, which can transport dust, and particulate matter of 10 microns or less (PMI0). PMI0 is a criteria pollutant with known health impacts. Table 3 Calculations of Fugitive Dust Potential (pounds per day) Total Acres to be Factor Total Potential Dust Disturbed at Buildout* (Ibs./day/acre) Generation (Ibs./day) 10.31 26.4 272.2 Source: Table A9-9, "CEQA Air Quality Handbook," prepared by South Coast Air Quality Management District, April 1993. Based on the Table above, the proposed project will exceed SCAQMD thresholds for dust generation. Although these impacts will be of short duration (only during the grading of the site), a number of mitigation methods are available. In order to assure that these impacts are reduced to less than significant levels, mitigation is provided below. Operational Impacts The proposed project has the potential to result in approximately 6,579 average daily trips (ADT), assuming 200 residential units, and 122,000 square feet of retail commercial space'. There are approximately 5,537 trips generated by the existing development on the project site (please see Traffic and Circulation section below). Therefore, the ultimate redevelopment of the site will generate 1,042 I "Trip Generation, 7th Edition," prepared by the Institute of Transportation Engineers, and assuming category 814, Specialty Retail Center for commercial space, and category 230, Residential CondominiumITownhouse for residential units. IS 10 REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO INITIAL STUDY new trips, and associated emissions. The Table below demonstrates the emissions these trips could generate. Table 3 Moving Exhaust Emissions at Project Buildout (pounds per day) Total No. Vehicle Trips/Day 1,042 Ave. Trip Length (miles) 15 Total miles/day 15,630 x = Pollutant CO 200.4 NOX 21.3 ROG 21.6 SOX 0.1 PM10 Pounds SCAQMD Daily Threshold (Lbs./day) 75 550 100 150 150 Based on California Air Resources Board's EMFAC 2002 Version 2.2 Emissions Tables. Scenario year 2007, model years 1965 - 2007. 1.8 As demonstrated in the Table, the ultimate redevelopment of the site will not exceed SCAQMD thresholds. Mitigation Measures In order to assure that the potential impacts associated with site grading are mitigated to less than significant levels, mitigation measures, as listed below, shall be implemented. 1. No more than an area equivalent to 5 acres shall be actively graded in anyone day. 2. Portions of the site that are to be graded shall be pre-watered to a depth of 3 feet regularly to ensure that a crust is formed on the ground surface, and shall be watered at the end of each work day. 3. All trucks leaving the site shall be washed off to reduce fugitive dust being tracked onto local roadways. 4. Any area which remains undeveloped for a period of more than 30 days after grading shall be stabilized using either chemical stabilizers or hydroseed on the affected portion of the site. 5. SCAQMD Rule 403 shall be adheredto, insuring the clean-up of construction-related dirt on approach routes to the site. 6. All grading activities shall be suspended during first and second stage ozone episodes or when winds exceed 25 miles per hour. IS 11 REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO INITIAL STUDY Less Than Potentially Significant Less Than No Significant With Significant Impact Impact Mitigation Impact Incorporation IV. BIOLOGICAL RESOURCES - Would the project: a) Have a substantial adverse effect, either directly 0 0 0 L8J or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department ofFish and Game or US Fish and Wildlife Service? b) Have a substantial adverse effect on any 0 0 0 L8J riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? c) Have a substantial adverse effect on federally 0 0 0 L8J protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? d) Interfere substantially with the movement of 0 0 0 L8J any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? e) Conflict with the provisions of an adopted 0 0 0 L8J Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? b) Other: 0 0 0 L8J Discussion: Neither the acquisition of the properties in the project area, nor their redevelopment, will have no impact on biological resources. The project area is fully developed, and does not include native habitat. Impacts associated with biological resources are expected to be insignificant. IS 12 REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO INITIAL STUDY Less Than Potentially Significant Less Than No Significant With Significant Impact Impact Mitigation Impact Incorporation V. CULTURAL RESOURCES - Would the project: a) Be developed in a sensitive archaeological area D D D rgJ as identified in the City's General Plan? b) Cause a substantial adverse change in the D D D rgJ significance of an archaeological resource pursuant to 915064.5 ofCEQA? c) Cause a substantial adverse change in the D D D rgJ significance of a historical resource as defined in 915064.5 ofCEQA? d) Directly or indirectly destroy a unique D D D rgJ paleontological resource or site or unique geologic feature? e) Disturb any human remains, including those D D D rgJ interred outside of formal cemeteries? f) Other: D D D rgJ Discussion: Neither the acquisition of the properties in the project area, nor their redevelopment, will have no impact on cultural resources. The project area is fully developed, and does not include historic structures. Impacts associated with cultural resources are expected to be insignificant. IS 13 REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO INITIAL STUDY Less Than Potentially Significant Less Than No Significant With Significant Impact Impact Mitigation Impact Incorporation VI. GEOLOGY AND SOILS - Would the project: a) Involve earth movement (cut and/or fill) based 0 0 [gJ 0 on information included in the Project Description Form? b) Expose people or structures to potential 0 0 [gJ 0 substantial adverse effects, including the risk of loss, injury, or death? c) Be located within an Alquist-Priolo Earthquake 0 0 0 [gJ Fault Zone? d) Result in substantial soil erosion or the loss of 0 0 [gJ 0 topsoil? e) Be located within an area subject to landslides, 0 0 0 [gJ mudslides, subsidence, or other similar hazards as identified in the City's General Plan? f) Be located within an area subject to liquefaction 0 0 ~ 0 as identified in the City's General Plan? g) Modify any unique physical feature based on a 0 0 0 ~ site survey/evaluation? h) Result in erosion, dust, or unstable soil 0 0 ~ 0 conditions from excavation, grading, fill, or other construction activities? i) Other: 0 0 0 ~ Discussion: The acquisition of property will have no impact on geology and soils. The eventual development of residential and commercial land uses on the site could be impacted, however. The project site is not located in an Alquist Priolo Earthquake Fault Zone, but is located in an area of high susceptibility for liquefaction. The site will be subject to significant ground shaking during an earthquake. Development proposals for the project site, however, will be required to submit site-specific geotechnical reports to assess the soils conditions within the area, including requirements to alleviate both ground shaking and liquefaction hazards, as part of the building permitting process. These City requirements and standards will assure that potential impacts associated with seismicity are reduced to less than significant levels. IS 14 REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO INITIAL STUDY Although the site is not within a high wind susceptibility area, all of the City can be subject to high winds. The provisions included in the Air Quality section, above, are designed to lower impacts associated with soil erosion due to wind to less than significant levels. The City enforces the requirements of the NPDES for potential impacts associated with water erosion. These requirements include the preparation of a Storm Water Pollution Prevention Plan (SWPPP) for all qualifying projects. The SWPPP will be reviewed and approved by the City Engineer to assure that all best management practices appropriate for the project area are implemented during construction, to assure that potential impacts associated with water erosion are reduced to less than significant levels. The project area is flat and does not occur adjacent to hillsides, so it will not be susceptible to landslides. There are no physical features on the site. Overall impacts associated with soils and geology are expected to be less than significant. IS 15 REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO INITIAL STUDY Less Than Potentially Significant Less Than No Significant With Significant Impact Impact Mitigation Impact Incorporation Vll. HAZARDS AND HAZARDOUS MATERIALS - Would the project: a) Create a significant hazard to the public or the D [8] D 0 environment through the routine transport, use, or disposal of hazardous materials? b) Create a significant hazard to the public or the D [8] D 0 environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? c) Emit hazardous emissions or handle hazardous D 0 D [8] or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? d) Be located on a site which is included on a list D 0 D [8] of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? e) For a project located within an airport land use D D 0 [8] plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? t) Impair implementation of or physically interfere D 0 0 [8] with an adopted emergency response plan or emergency evacuation plan? g) Expose people or structures to a significant risk D 0 0 [8] of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? IS 16 REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO INITIAL STUDY Potentially Significant Impact Less Than Significant With Mitigation Incorporation Less Than Significant Impact No Impact VII. HAZARDS AND HAZARDOUS MATERIALS - Continued h) Other: o o o [8] Discussion: The acquisition of property will have no impact on hazardous materials. The eventual demolition of the project area, however, has the potential to generate hazardous emissions. The buildings on the site were built over a significant period of time, and many were constructed prior to the 1970's. It is likely, therefore, that both asbestos and lead paint have been used in the buildings. Each development proposal will include plans for the demolition of part or all of the area. This demolition cannot occur with less than significant impacts if the potential hazards associated with the existing buildings have not be assessed. Mitigation is required. The eventual development of residential and commercial uses within the project area will not generate significant use of hazardous materials. Some chemicals and cleaning products can be expected, but these would not be in quantities which could pose a hazard. The site is not located within an airport land use plan, or within a hazard area for wildland fires. In order to assure that impacts associated with hazardous materials are reduced to less than significant levels, the following mitigation measures shall be implemented: 1. No demolition shall be permitted on any structure within the project area prior to the preparation, review and approval of a Phase I Environmental Site Assessment for each structure. 2. Should the Phase I Environmental Site Assessment reveal the occurrence of either asbestos or lead paint within any structure, all required remediation shall be conducted under the supervision of a qualified professional approved by the Redevelopment Agency. ., IS 17 REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO INITIAL STUDY IS 18 REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO INITIAL STUDY Less Than Potentially Significant Less Than No Significant With Significant Impact Impact Mitigation Impact Incorporation VIII. HYDROLOGY AND WATER QUAUTY - Continued t) Otherwise substantially degrade water D D [8J D quality? g) Place housing within a I OO-year flood hazard D D D [8J area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? (Panel No. ) h) Place within a 100-year flood hazard area D D D [8J structures which would impede or redirect flood flows? i) Expose people or structures to a significant D D D [8J risk ofIoss, injury, or death involving flooding, including flooding as a result of the failure of a levee or dam? j) Inundation by seiche, tsunami, or mudflow? D D D [8J k) Other: D D D [8J Discussion: The acquisition of property will have no impact on hydrology or water resources. The eventual redevelopment of the project area will occur only with the implementation of the City's standards relating to water quality protection under NPDES. The building department will also require the inclusion of water conserving fixtures and appliances for all construction. The site is served by sanitary sewer services, and would be connected to these facilities. All these standards are designed to protect water quality. The project area is flat and fully developed. All redevelopment plans for the site will be required to implement City standards for the conveyance of storm water into City facilities in the area. The expected impacts associated with redevelopment are expected to be equivalent or less than those currently occurring in the area. The site is not located in a 100 year flood plain. Impacts associated with hydrology and water quality are expected to be less than significant. IS 19 REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO INITIAL STUDY IX. LAND USE AND PLANNING - Would the project: a) Physically divide an established community? b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c) Conflict with any applicable habitat conservation plan or natural community conservation plan? d) Be developed within the Hillside Management Overlay District? e) Be developed within Foothill Fire Zones A, B, or C as identified in the City's General Plan? f) Be developed within the Airport Influence Area as adopted by the San Bernardino International Airport Authority? g) Other: Potentially Significant Impact Less Than Significant With Mitigation Incorporation Less Than Significant Impact No Impact ~ ~ ~ ~ ~ ~ ~ Discussion: The acquisition of land within the project area will have no impact on land use and planning. The proposed redevelopment project is consistent with the General Plan designation for the area, and the Central City North Redevelopment Plan. D D D D D D There is one occupied permanent residential project within the project area, which consists of a 17 unit apartment building. The Redevelopment Agency is required by law to formulate and implement a Relocation Plan for the relocation of residents within this project, if their incomes qualify them as lower income households. The Agency will prepare and implement the Relocation Plan prior to the demolition of the residential structure within the project area, thereby reducing the impacts to an existing community to a less than significant level. The project site is not located within a fire hazard area. IS 20 D D D D D D D D D D D D D D D REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO INITIAL STUDY Less Than Potentially Significant Less Than No Significant With Significant Impact Impact Mitigation Impact Incorporation X. MINERAL RESOURCES - Would the project: a) Result in the loss of availability of a known 0 0 0 ~ mineral resource that would be of value to the region and the residents of the state? b) Result in the loss of a locally-important mineral 0 0 0 ~ resource recovery site delineated on a local general plan, specific plan or other land use plan? c) Be located in a Mineral Resource Zone as 0 0 0 ~ adopted by the State Mining and Geology Board and identified in the City's General Plan? Discussion: The acquisition of property will not have any impact on mineral resources. The project site is located within the City's urban core, and has been developed for many years. No resources are expected to occur in or near the area. No impacts are expected. IS 21 REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO INITIAL STUDY Less Than Potentially Significant Less Than No Significant With Significant Impact Impact Mitigation Impact Incorporation XI. NOISE - Would the project result in: a) Exposure of persons to or generation of noise D D ~ D levels in excess of standards established in the City's General Plan or Development Code, or applicable standards of other agencies? b) Exposure of persons to or generation of D D D ~ excessive groundbome vibration or groundbome noise levels? c) A substantial permanept increase in ambient D D ~ D noise levels in the project vicinity above levels existing without the project? d) A substantial temporary or periodic increase in D D ~ D ambient noise levels in the project vicinity above levels existing without the project? e) For a project located within an airport land use D D D ~ plan or Airport Influence Area, would the project expose people residing or working in the project area to excessive noise levels? f) Other: D D D ~ Discussion: The acquisition of land within the. project area will have no impact on noise levels. The eventual redevelopment of the site could have impacts associated with construction and operational noise. Each development proposal within the project area, however, will be required to provide noise analysis to demonstrate that the structures will not expose residents to exterior noise levels in excess of 65 dBA CNEL, and interior noise levels of 45 dBA CNEL, prior to the issuance of building permits. These City standards will assure that potential impacts associated with long term noise at the site are reduced to less than significant levels. The construction of buildings on the site will result in temporary and periodic impacts to surrounding properties. These impacts, however, will occur during the less sensitive daytime hours, as the City limits construction activities to the daytime hours. The impacts associated with construction noise are therefore not expected to be significant. The redevelopment of the project site is not expected to generate groundbome vibration or groundbome noise levels. The site is not within the Airport Influence Area. IS 22 ! , REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO INITIAL STUDY Potentially Significant Impact Less Than Significant With Mitigation Incorporation Less Than Significant Impact No Impact XII. POPULATION AND HOUSING - Would the project: a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? o o o ~ b) Remove existing housing and displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? o o o ~ c) Other: o o o ~ Discussion: The proposed acquisition of land within the project area will have no impact on population or housing. The eventual redevelopment of the area has the potential to beneficially impact population and housing, insofar as the mixed use nature of the proposed project will provide opportunities for local residents to secure employment within walking distance of their homes. The proposed project, therefore, is not expected to significantly impact population growth in the area. The Agency will be required to formulate a Relocation Plan for the 17 apartment units which would eventually be eliminated within the project area. This Relocation Plan will meet the requirements of law, and will identify housing in other parts of the City, or potentially within the project area itself, for the up to 17 households which could be displaced. Since the project includes housing, even if no off site housing could not be identified, which is unlikely given the City's existing vacancy rates, the proposed project could easily accommodate these households, since up to 200 units are proposed. Impacts associated with population and housing are expected to be less than significant. IS 23 : , REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO INITIAL STUDY The eventual redevelopment of the area is likely to have a beneficial impact on fire and police services,. insofar as the area is currently blighted, and calls for service are elevated. The demolition of substandard buildings, and the location of housing within the area has the potential to improve the economic conditions in the area, and reduce the current impacts associated with public safety. The individual projects proposed for the redevelopment of the area will be required to pay school impact fees in place at the time that building permits are issued. The redevelopment of the site will be required to incorporate open spaces and recreational facilities, as required by the City's development code. These requirements assure that impacts to parks will be less than significant. Overall impacts associated with public services are expected to be less than significant. IS 24 , ( REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO INITIAL STUDY XIV. RECREATION a) Would the project increase the use of existing neighborhood and regional parks or other recreational faCilities such that substantial physical deterioration of the facility would occur or be accelerated? b) Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? c) Other: Potentially Significant Impact o o o Less Than Significant With Mitigation Incorporation o o o Less Than Significant Impact o o o No Impact rgj rgj rgj Discussion: The acquisition of land will have no impact on recreational facilities. There are no recreational facilities within the project area, and as stated above, redevelopment of the project area will require the inclusion of recreational facilities in conformance with the development code. These standards assure that the impacts of the proposed redevelopment of the site on recreation will be insignificant. IS 25 I ( I ' REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO INITIAL STUDY xv. TRANSPORTATIONffRAFFIC - Would the project: a) Cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? b) Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? e) Result in inadequate emergency access? t) Result in inadequate parking capacity? g) Conflict with adopted policies, plans, or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? h) Other: Potentially Significant Impact Less Than Significant With Mitigation Incorporation Less Than Significant Impact No Impact D D [8J [8J [8J [8J [8J [8J Discussion: The acquisition of lands within the project area will have no impact on traffic and circulation. The eventual redevelopment of the area has the potential to generate traffic. As stated in the Air Quality section, the maximum potential traffic expected from buildout of the proposed project would result in up to 6,579 average daily trips. The existing development within the area already generates trips. On the basis of the existing uses, and assuming that all were fully occupied, the site currently IS 26 D D [8J D [8J D D D D D D D D D D D D D D D D D D D , < J " REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO INITIAL STUDY generates approximately 5,537 trips per day2. The existing development, therefore, generates similar traffic levels, and redevelopment of the site will only represent an increase of 19% over current conditions. All development proposals within the project area will be reviewed by the City Engineer for their potential need for traffic analysis as it relates to turning movements and intersection needs as the proposals are presented to the City for review. These traffic analyses will include improvements to area roadways, if warranted. The City Engineer will also review these proposals for safety issues. The pwp,osals will be required to conform to development code requirements for parking, and Fire Department requirements for access. The project area is currently served by public transit, and redevelopment of the area would have no impact on this service. Overall impacts associated with redevelopment of the project area are expected to be less than significant. 2 "Trip Generation, 7'h Edition, prepared by the Institute of Transportation Engineers, and assuming categories: 944, gas station; 220, apartments; 330, general office; 814, specialty retail; 932, high turnover restaurant; and 591,200 motel rooms. IS 27 , , , c' REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO INITIAL STUDY Less Than Potentially Significant Less Than No Significant With Significant Impact Impact Mitigation Impact Incorporation XVI. UTILITIES AND SERVICE SYSTEMS - Would the project: a) Exceed wastewater treatment requirements of 0 0 0 [gJ the Santa Ana Regional Water Quality Control Board? b) Require or result in the construction of new 0 0 0 [gJ water or wastewater treatment facilities or expansion of existing facilities, the construction of which would cause significant environmental effects? c) Require or result in the construction of new 0 0 0 [gJ storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? d) Have sufficient water supplies available to 0 0 0 [gJ serve the project from existing entitlements and resources, or are new or expanded entitlements needed? e) Result in determination by the wastewater 0 0 0 [gJ treatment provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? f) Be served by a landfill with sufficient 0 0 0 [gJ permitted capacity to accommodate the project's solid waste disposal needs? g) Comply with federal, state, and local statutes 0 0 0 [gJ and regulations related to solid waste? h) Other: 0 0 0 [gJ Discussion: Acquisition of land will have no impact on public utilities. The site is currently fully developed, and the eventual redevelopment of the area will be served by the same utilities and services IS 28 . , J i:, REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO INITIAL STUDY which currently are provided there. The potential redevelopment project will not significantly increase the arnountof development, so that no significant increase in any service is expected to result. All utilities and service providers include charges for connection and ongoing service provision, which are designed to include increases in service needs. Existing water, sanitary and storm sewer, and landfills are all expected to have sufficient facilities and capacity to serve the proposed redevelopment project. Overall impacts associated with utilities are expected to be insignificant. IS 29 ., . -~ " REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO INITIAL STUDY Potentially Less Than Less Than No Significant Significant Significant Impact Impact With Impact Mitigation Incorporation XVII. MANDATORY FINDINGS OF SIGNIFICANCE a) Does the projecthave the potential to degrade D D D ~ the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of major periods of California history or prehistory? b) Does the project have impacts that are D D D ~ individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects.) c) Does the project have environmental effects D ~ 0 D which will cause substantial adverse effects on human beings, either directly or indirectly? Discussion: The development of the project site will have no impact on biological or cultural resources, as the site is already developed. The proposed project is in conformance with the land use designation assigned to the property in the General Plan, and is consistent with the Central City North Redevelopment Plan. Cumulative impacts studied in the General Plan EIR will therefore not be exceeded as a result of implementation of the proposed project. The proposed project will impact human beings in the area of air quality. Mitigation measures included above, however, will reduce these potential impacts to less than significant levels. IS 30 y ~ REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO INITIAL STUDY REFERENCES. The following references cited in the Initial Study are on file in the Development Services Department. 1. City of San Bernardino General Plan 2. City of San Bernardino General Plan Land Use Plan/Zoning Districts Map 3. City of San Bernardino Development Code (Title 19 of the San Bernardino Municipal Code) 4. City of San Bernardino Historic Resources Reconnaissance Survey 5. Alquist-Priolo Earthquake Fault Zones Map 6. South Coast Air Quality Management District, CEQA Air Quality Handbook 7. Federal Emergency Management Agency, Flood Insurance Rate Maps 8. Public Works Standard Requirements - Water 9. Public Works Standard Requirements - Grading 10. "Trip Generation, 7th Edition," Institute of Transportation Engineers. IS 31