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HomeMy WebLinkAboutR06-Redevelopment Agency o 1tMJIiCY..&uar FOR ~/COUNCL AB.c. Om: Glenda Saul, Executive Director Dept: Redevelopment Agency Subject: DEVELOPMENT AGREEMENT WITH SOUTHERN CALIFORNIA GAS COMPANY Date: April 1, 1987 Synopsis of Previous Commission/Council action: 09/22/86 Commission directed staff to negotiate with Gas Company representatives. 10/06/86 Resolution 86-401 established guidelines and directed drafting of a development agreement. 11/03/86 Continued the matter of drafting a development agreement. 11/17/86 Tabled matter until Company approves agreement. Recommended motion: (MAYOR AND COMMON COUNCIL) o Move to adopt RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A DEVELOPMENT AGREEMENT AMONG THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, THE CITY OF SAN BERNARDINO AND THE SOUTHERN CALIFORNIA GAS COMPANY RELATING TO THE SOUTHERN CALIFORNIA GAS COMPANY PROPERTY IN THE VICINITY OF "G" STREET AND AT&SF RAILROAD PROPERTY (CENTRAL CITY SOUTH PROJECT AREA).. (COMMUNITY DEVELOPMENT COMMISSION) Move to adopt RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A DEVELOPMENT AGREEMENT AMONG THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, THE CITY OF SAN BERNARDINO AND THE SOUTHERN CALIFORNIA GAS COMPANY RELATING TO THE SOUTHERN CALIFORNAI GAS COMPANY PROPERTY IN THE VICINITY OF "G" STREET AND AT&SF RAILROAD PROPERTY (CENTRAL CITY SOUTH PROJECT AREA).. ./.. 0 ..I... /J /~4dd ~t.f/ / Signature Glenda Saul FUNDING REQUIREMENTS: Amount: $ N/A Phone: 383-5081 Ward: 1 Project: CCS Date: 04-06-87 Contact person: YES Supporting data attached: No adverse Impact on City: Ouncil Notes: 0162 i Agenda Item No, :7 t- 000 0 A...vm OPIIJrn' ~._QUBST FOR ~/COUNCL ACTION c' STAFF REPORT The RDA Committee and staff recommend that the Commission adopt the attached Resolution and Agreement. BACKGROUND On September 22, 1986, the Southern California Gas Company appeared before the Commission to voice their concerns regarding the prohibition of outdoor storage in the Overlay Zone in Central City South. They expect to extensively remodel the building within a few years and wish to continue their current outdoor uses. A compromise was reached involving a proposed OPA that uses screening techniques simu1ar to the Wixen project previously approved by the Commission. Staff was instructed to negotiate the epecific language of the agreement in the last few weeks. The Gas Co has had a series of internal meetings, Agency Counsel is prepared a draft agreement for their review and we have now received their consent on the proposed agreement. o PROPOSED AGREEMENT The agreement providee for the Company to continue it's outdoor storage in the present etorage area provided it screens the area in conformance with previously approved concepts, This will be required whenever the Company chooses to "expand or substantially remodel" their building. The phrase used by the Citys zoning regulations on nonconforming buildings ie "if the building is . . . added to or structurally altered other than as required by law", o 01"" o o o o o RESOLUTION NO. 1 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND 2 DIRECTING THE EXECUTION OF A DEVELOPMENT AGREEMENT AMONG THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, THE CITY OF 3 SAN BERNARDINO AND THE SOUTHERN CALIFORNIA GAS COMPANY RELATING TO THE SOUTHERN CALIFORNIA GAS COMPANY PROPERTY IN THE VICINITY OF nGn STREET AND AT&SF RAILROAD PROPERTY (CENTRAL CITY SOUTH PROJECT AREA). 4 5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 6 7 8 9 SECTION 1. The Mayor of the City of San Bernardino is hereby authorized and directed to execute for and on behalf of said City a Development Agreement among the Redevelopment Agency 10 of the City of San Bernardino, the City of San Bernardino and the o o 11 12 13 14 15 16 17 18 19 20 21 ~ 23 24 25 26 27 28 Southern California Gas Company relating to the Southern California Gas Company property in the vicinity of nGn Street and AT&SF Railroad property in the Central City South Project Area. A copy of said agreement is attached hereto as Exhibit nln and incorporated herein by this reference as though fully set forth at length. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a meeting thereof, held on the , 1987, by the following vote, to day of wit: AYES: Council Members NAYS: ABSENT: City Clerk o o o o The foregoing resolution is hereby approved this day o 1 of 2 3 , 1987. Mayor of the City of San Bernardino 4 Approved as to form: 5 IijW~ /' 7 8 9 10 11 12 13 0 14 15 16 17 18 19 20 21 22 23 24 25 26 0 27 28 2 o . o o o o o o RESOLUTION NO. 1 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE 2 CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A DEVELOPMENT AGREEMENT AMONG THE REDEVELOPMENT AGENCY OF THE 3 CITY OF SAN BERNARDINO, THE CITY OF SAN BERNARDINO AND THE SOUTHERN CALIFORNIA GAS COMPANY RELATING TO THE SOOTHERN 4 CALIFORNIA GAS COMPANY PROPERTY IN THE VICINITY OF "G" STREET AND AT&SF RAILROAD PROPERTY (CENTRAL CITY SOUTH PROJECT AREA). 5 BE IT RESOLVED BY THE COMMUNITY DEVELOPMENT COMMISSION OF 6 THE CITY OF SAN BERNARDINO AS FOLLOWS: 7 SECTION 1. The Chairman and Secretary of the Community 8 Development Commission of the City of San Bernardino are hereby 9 authorized and directed to execute for and on behalf of the 10 Redevelopment Agency of the City of San Bernardino a Development 11 12 13 14 15 16 17 Agreement among the Redevelopment Agency of the City of San Bernardino, the City of San Bernardino and the Southern California Gas Company relating to the Southern California Gas Company property in the vicinity of "G" Street and AT&SF Railroad property in the Central City South Project Area, with such non- substantive changes to said agreement as may be approved by the Chairman and Agency Counsel. A copy of said agreement is 18 attached hereto as Exhibit "1" and incorporated herein by this 19 20 Dated: reference as though fully set forth at length. 21 Approved as to form: 22 AGENCY COUNSEL " L//~ By d~4j~ ?().1.~1'/'f'Z Allen R. Br igg/ ;., 23 24 25 The foregoing resolution was duly adopted by the following 26 27 28 vote, to wit: / / / / / / / / / / o o o 18 19 20 21 22 23 24 25 26 0 27 28 o o o DEVELOPMENT AGREEMENT AMONG THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, THE CITY OF SAN BERNARDINO AND THE SOUTHERN CALIFORNIA GAS COMPANY RELATING TO THE SOUTHERN CALIFORNIA GAS COMPANY PROPERTY IN THE VICINITY OF wGw STREET AND AT&SF RAILROAD PROPERTY (CENTRAL CITY SOUTH PROJECT AREA) 1 2 3 4 5 of THIS AGREEMENT, entered into effective the day , 1987, by and among the REDEVELOPMENT AGENCY 6 OF THE CITY OF SAN BERNARDINO, a public body corporate and 7 politic, hereinafter WAgencyW, the CITY OF SAN BERNARDINO, a 8 municipal corporation, hereinafter WCityW, and SOUTHERN 9 10 11 12 13 14 15 16 17 CALIFORNIA GAS COMPANY, a California corporation, hereinafter the wCompanyW, sets forth the agreement of the parties relative to the development of certain property owned by the Company in the Central City South Project Area. SECTION 1. Recitals. A. Agency has established a plan of development for the Central City South Study Area, which area includes certain property presently occupied by the Company in its utility operations. City has adopted an overlay zone imposing certain design standards. The property covered by this agreement is depicted in a sketch attached hereto as Exhibit wAw to this agreement, and is generally that irregularly shaped parcel of property owned by the Company fronting on wGw Street and lying generally southerly of the Atchison Topeka and Santa Fe Railroad right-of-way in the Central City South Project Area of the City of San Bernardino. The property consists of approximately 173,358 square feet of property (approximately 3.9798 acres), of which 210 feet fronts on wGw Street, 200 feet fronts on the Atchison Topeka and Santa Fe Railroad right-of-way, and 255 feet fronts upon the right-of-way of wFw Street. o o o o , o 1 B. The Company agrees that at such time as it chooses to 2 expand or substantially remodel the building or buildings located 3 upon the property described on Exhibit -A-, the Company shall 4 cause to be screened from public view that area of Company's 5 property fronting on the Atchison Topeka and Santa Fe Railroad, 6 identified on Exhibit -A- as the -storage area to be screened.- 7 Screening shall be generally consistent with those certain 8 Central City South Screening Study sketches prepared by Soltis 9 Design Associates consisting of three pages, dated 11 April 1986, 10 copies of which are on file with the Agency, to screen the 11 outside storage area. Company will be permitted to use a block 12 wall eight feet in height, with appropriate landscaping, but the 13 block wall need not be topped by a metal and pipe screen. 14 Company agrees to submit to Agency, for review and approval, its 15 own plans for such screening, which plans shall be approved by 16 Agency if they are generally consistent with the Central City 17 South Screening Study Soltis Design Associate sketches of 11 18 April 1986, and if they provide reasonably adequate screening 19 consistent with the standards established for the Central City 20 South Project Area. 21 SECTION 2. ImDlementation. 22 A. upon approval by Agency of the screening plans by 23 Company, City shall permit Company to proceed with its building 24 expansion plans without compliance with that part of the city's 25 design guidelines prohibiting outside storage areas in the new 26 overlay zone of the Central City South Project Area. 27 B. This agreement memorializes the agreement entered into 28 by Agency, City and Company prior to the adoption of the o o 2 o , o o 20 21 22 23 24 . 25 /ll[~' 1'0 26 o 27 28 o o o 1 ordinance imposing the Central City South overlay zone, and is 2 recognized by all parties as being an exception to the 3 requirements of that overlay zone. 4 C. This agreement is effective only as between the parties 5 hereto, and, in the event that the Company disposes of the 6 property, by lease or sale, prior to the completion of such 7 modifications, this agreement shall be of no further force and 8 effect, and shall terminate. 9 IN WITNESS WHEREOF, the parties have executed this agreement 10 effective as of the day and year first written above. 11 REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO SOUTHERN CALIFORNIA GAS COMPANY 12 13 By 14 15 By 16 17 18 19 By Manager of Administrative Services Sta ff Chairman By Secretary Approved as to form: AGENCY COUNSEL By d~/7f7/~ CITY OF SAN BERNARDINO ATTEST: By Mayor City Clerk Approved as to form: M:t~ ~.. City Attorney 3 o . o o CONGRESS b ST. ." I o I~ , - I.!: ry ,- II) '0 o .; j;i Cl 82.5' I 1. {30' f.o.o"'o,,1 r... ;n~.a.. t "I ,.:.... egr.".' 'O"....~IG to . I Po"1 ,.,. Dobbl. g I I" 011 I ~ I I / I o o N 8ct- &7' '5"~. 00.00' o o .; .. :x l- II o Z "I. It' 51'15'[. 100.0C' (.~": -.' ..' .., '..~ ..... X I- :l o ... x ~ .. o Z 0' "liE" = 173.3SS 3.978' "C. o o <i '" ;:~~; ,;, -:'.,..1...': " _2;~4'[1. S6.54'ilIrce: lus.d to Sigr'l.l jj: Co... a.... ,,' >>S.'W.) 400.00' L.OT % I- 'D< :'.t. COr. Dr IDr'ld c..nva~od to Slqnol J 0 e,1 Co. b~ ..ad ",,",deo Jor'l. 1',14~6, j.. ........ Z !colc II"', poq. 1)1, O.R.or Son a..no.di"" ::..... ___c:..!'~n..!'t ____ _ _ __~_ _____________ __________..~-_________________J / {3~1 E.o,.,.,...n+ (or rooo .... P"""po'" 01 'Otl".", .0 .s,.,L\ .f\.J S.wlhern 'oli(.,.nio '0. Co. EXHIBIT "A" o A. T. & S. F'. 11 '5;a~Aue: IfeEA 'f"O t'€ SC"'f;~e:.D RJ-\NCH N. &9- ~'7' 1,Sf4 E. "140.54' '0 Z o ~ iii ::> III 0 ... on .40.10' S. '9' 57' :!&'W. D B E H N )-\ r MoB 7-2