HomeMy WebLinkAbout32-Planning and Building
CITY OF SAN BER.QRDINO
- REQUEST ~R COUNCIL ACTION
From: Al Boughey, Director
Subject: Development Agreement NO.. 91-0l,
Inland Center Mall Expans~on
Dept: Planning C, Building Services
Date: October l, 1992
Synopsis of Previous Council action:
None
Recommended motion:
That the hearing be closed and the resolution be adopted.
Contact person:
Al Boughey
Phone:
384-5357
3
Supporting data attached: Staff Report, Development
Agreement, Resolution
FUNDING REQUIREMENTS: Amount: N / II
Ward:
Source: (Acct. No.)
(Acct. DescriDtion)
Finance:
Council Notes:
75-0262
AQenda Item No. ~
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CrTcY OF SU BERDRDrNO - REQUEST FOR COUIICrL ACTrON
STAFF REPORT
SUBJECT: Development Agreement No. 91-01, Inland Center Mall
Mayor and Common Council meeting of October 19, 1992
REOUEST AND LOCATION
The applicant/developer requests approval of a Development
Agreement (DA 91-01) to govern the development of a phased
expansion project at Inland Center Mall. The mall is located east
of the I-215 Freeway, south of Inland Center Drive and west of "E"
street.
MAYOR AND COMMON COUNCIL OPTIONS
1. The Mayor and Common Council may approve Development Agreement
No. 91-01.
2. The Mayor and Common Council may continue Development
Agreement No. 91-01 to a date certain and direct staff to
prepare additional information.
RECOMMENDATION
Staff recommends that the Mayor and Common Council adopt the
resolution which adopts the Negative Declaration, adopts the
Mitigation Monitoring/Reporting Program and approves Development
Agreement No. 9l-01.
SPECIFIC PROPOSAL AND BACKGROUND
The applicant/developer proposes to add an additional 776,465 gross
square feet consisting of 540,000 square feet in up to three new
department stores and 236,465 square feet in a second level to the
mall. Up to four parking structures are included to accommodate
required parking. Inland Center Mall was built in 1965 and
consists of approximately 985,883 square feet. It includes three
department stores that are connected by a one level mall. The site
consists of 62.5 acres with 4400 parking spaces. The total gross
square feet upon project completion will be 1, 762,34B with a total
of 7420 parking spaces.
The Inland Center Mall consists of 4 parcels. Parcel 1 contains
Sears, Sears Auto Center and parking areas: Parcel 2 contains
Broadway and parking areas: Parcel 3 contains the mall portion
itself and parking areas: and Parcel 4 contains May Co., the
theater complex and parking areas. There is a reciprocal easement
over all of the parcels. The applicant/developer owns Parcel 3 and
intends to upgrade and expand the mall portion and to add two new
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DA 91-01
MCC 10-19-92
Page 2
major department stores. The applicant/developer also intends to
use their best efforts to induce the other parcels to upgrade and
remodel and to construct a third major department store on Parcel
2.
The applicant is seeking a commitment from the City in terms of
approval of the expansion project. This is required in order for
them to solicit commitment from the prospective new department
stores and in-line tenants. However, they are not to the point of
having all of the specifics required to obtain approval of a
Development Permit. Some of these specifics would change based on
future tenant needs, especially the major department stores, and
will be defined with each phase. staff was unable to approve a
project without having the specifics. Therefore, a Development
Agreement was determined to be an appropriate tool to give the
applicant the commitment they needed from the City, while giving
the City the comfort level that the project will comply with
development requirements.
The Development Agreement incorporates, by reference, the
requirements of the Development Code. The main issues are
summarized in this report.
ANALYSIS
The mall is designated CR-1, commercial Regional. This designation
was established specifically to address the two malls in the City.
General Plan Land Use Element goals, objectives and policies
address Inland Center Mall (and Central City Mall) as principal
region-serving retail centers and the need to encourage
intensification and upgrading. The economic analysis for the
General Plan projected the need for an additional 2+ million square
feet of regional and subregional space by 2010. This project would
provide almost 800, 000 square feet of regional retail space. The
Economic Development Element goals, objectives and policies address
the provision of regional retail space as necessary to help the
City retain its role as a region-serving center.
The General Plan establishes an F.A.R. of 1.5 with a height of 4
stories or 52 feet for development in the CR-l. The ultimate
project has an F.A.R. of .65 with a height not exceeding 52 feet.
The Development Code permits lot coverage of 75% and the ultimate
project is approximately 65% lot coverage.
Phasina
The Development Agreement is proposed for a 30 year term. The
intent is that the mall will continue as legal, conforming
structures for that period of time. The actual expansion is
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MCC 10-19-92
Page 3
proposed as four phases, ranging from 1994 to 2000. Each project,
by phase, will be processed through a Development Permit,
consistent with established processing procedures. At that time,
the specific Development Code requirements will be addressed. Each
phase will include the necessary improvements such as parking,
landscaping, etc. other applications such as parcel maps or lot
line adjustments may also be processed concurrently.
Although the Development Agreement addresses the proposed time frame
for development, by phase, (approximately an 8 year buildout),
additional language has been included that commits the applicant to
show substantial progress toward actual development within that
timeframe. The Development Agreement provides for completion of
Phase I within 10 years of approval of the agreement and pulling
building permits for Phase II within 15 years of approval of the
agreement.
This should ensure that the actual development occurs in a
(relatively) timely manner and that the environmental analysis
remains valid.
I-215 Imorovement Pro;ect
CalTrans is in the process of preparing a Draft Environmental
Impact Report for the proposed widening of I-215 from the
interchange with I-10 up to where I-215 splits from the Cross-Town
Freeway. Several alternatives have been identified, but the
analysis of impacts has not been completed. This presents an
awkward situation for projects such as the Inland Center Mall
expansion which are proposed to occur over several years. All of
the alternatives will have some impact on the mall, but the extent
is not known at this time.
The Development Agreement contains language that commits the City
to supporting an alternative that provides directs access to Inland
Center Drive and/or from any collector distributor road. staff
concurs that the I-215 Improvement Project should not adversely
impact access to and the ultimate functioning of the mall and
supports the language in the agreement. An example of an
alternative preferred by the applicant is also included. staff
recommends that a commitment to the applicant's preferred
alternative not be made at this time.
parkina
The applicant will provide parking, by phase, in conjunction with
proposed development. The proposed parking added to the existing
parking, will exceed the Code requirement at buildout. The
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MCC 10-19-92
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Development Agreement contains language that addresses the loss of
parking due to the freeway widening and provides for replacement,
if necessary. It is not anticipated that the freeway widening will
remove parking to the extent that it falls below Code requirements.
One of the mitigation measures requires the establishment of a 100
park and ride facility in the mall parking lot. with approximately
371 extra parking spaces at buildout, this will not impact parking.
Landscatlina
The Development Agreement incorporates the provisions of the
Development Code pertaining to landscaping requirements. The
existing landscaping will be maintained as much as possible and
coordinated with the new landscaping. Mature trees that have to be
removed to accommodate the development will be relocated on-site as
much as possible.
The mall maintains landscaping along the eastern perimeter of the
parking lot that is located on Flood Control District right-of-way.
The Development Agreement provides for continued maintenance of the
landscaping and partial credit for meeting the overall landscaping
requirements.
Freewav Corridor Overlav
Chapter 19.14 of the Development Code contains additional
requirements for those properties that are adjacent to the freeway.
The intent of the Freeway Corridor OVerlay was to ensure that
projects adjacent to the freeway presented a pleasing view to
freeway travelers. The key requirements are signage (addressed
later in this report) and landscaping.
The Development Agreement addresses the provision of a 25 foot
landscaped setback along the freeway, consistent with the
Development Code, and acknowledges that the location of the buffer
could impact the mall perimeter road and/or parking, depending on
the ultimate freeway widening project. It is proposed that the
City will not unreasonably withhold approval of placing the buffer
on public property or a combination of public/private property.
staff concurs with this proposal because we want to ensure that the
buffer is completed while not impacting project circulation. We
feel that the proposal is consistent with the intent of the
Development Code.
Traffic and Circulation
The Initial study prepared for the project identified potential
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MCC 10-19-92
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impacts to traffic and circulation. Several substantial mitigation
measures were identified to reduce impacts to a level of
insignificance. These mitigation measures are required at each
phase of development and some continue after buildout.
The Development Agreement contains language pertaining to a
possible westerly extension of Central Avenue. While staff would
prefer that all reference to Central Avenue be deleted from the
agreement, the Development Agreement does not require commitment on
the part of the City.
The perimeter road around the mall is proposed to remain upon
ultimate development which staff concurs with. The road provides
access to all areas of the mall and parking lot. It may be
impacted by the freeway widening, however, but the extent is not
known at this time. As addressed in the I-2l5 Improvement Project
section of this report, staff concurs that the City should support
an alternative which has the least overall impacts. We feel that
the perimeter road is an important consideration.
Desian Considerations
The Development Agreement incorporates the General Plan policies
and Development Code requirements pertaining to design. The
applicant has prepared a concept plan, included as an exhibit,
which meets the intent of the Development Code. Specific design
issues will be addressed through the Development Permit process for
each phase.
Sianaae
The applicant proposes to process an amendment to the Development
Code pertaining to signage in CR-1, Commercial Regional land use
districts as addressed in Exhibit "H" of the Development Agreement.
The Development Code does not differentiate between uses within the
freeway corridor overlay, not does it differentiate between CR-l
and other commercial land use districts.
staff concurs that Inland Center Mall can be looked at differently
from other freeway adjacent uses because of its region serving
function and its size. Staff also concurs that sign opportunities
for the CR-1 designation should be different from other commercial
designations. The changes being considered have not been fully
identified at this time, however, staff would support an amendment
to Code requirements, within reason.
CALIFORNIA ENVIRONMENTAL OUALITY ACT STATUS
Tom Dodson and Associates prepa~.. ... Initial Study for this
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MCC 10-19-92
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project. The Environmental Review Committee recommended a
Mitigated Negative Declaration at their meeting of March 19, 1992.
The Initial study and proposed Negative Declaration were available
for public review from March 24, 1992 through April 23, 1992.
The key areas of concern were traffic and circulation (previously
addressed in this report) and air quality. Potential impacts to
air quality were identified in the Initial Study due to the overall
poor air quality in the area. The Mitigation Monitoring/Reporting
Program contains substantial measures that address construction
related impacts and project impacts.
The proposed Negative Declaration was submitted to the state
Clearinghouse for review since it met CEQA criteria for potential
regional significance.
Comments were received from the California Regional Water Quality
Control Board and the San Bernardino County Transportation/Flood
Control Department pertaining to the requirement for an NPDES
permit. The Flood Control District also commented on drainage.
Comments were also received from Caltrans, District 8, questioning
the adequacy of the traffic study and its conclusions.
The South Coast Air Quality Management District submitted comments
questioning the air quality impact analysis.
The comments received and the responses are included as Attachment
"E" to this report. Additional analysis and/or mitigation measures
were included where deemed appropriate. Copies of the responses
were distributed to the commenting agencies and no further comments
have been received.
A Mitigation Monitoring/Reporting Program was prepared and is
addressed in the text of the Development Agreement and is included
as Exhibit "G" in the agreement.
CITY REVIEW
The Development Agreement has been revised throughout the review
process to include recommendation of the various departments. The
Development Review Committee recommended approval.
PUBLIC COMMENTS
No comments were received other than those addressed in the CEQA
Status section of this report.
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DA 91-01
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CONCLUSION
The proposed Development Agreement is consistent with the goals,
objectives and policies of the General Plan in that it provides
regional shopping opportunities and will help the city to maintain
its lead role in the Inland Empire. It is also consistent with the
density/intensity policies and design policies in the General Plan.
The proposed Development Agreement is consistent with the standards
and design guidelines in the Development Code. Compliance with the
mitigation measures will ensure that all potential adverse impacts
will be mitigated to a level of insignificance.
PLANNING COMMISSION RECOMMENDATION
The Planning Commission held a pUblic hearing on September 8, 1992,
took public input, approved the project, in concept, and continued
to enable the applicant to revise the Development Agreement to
incorporate staff's recommendations.
On September 22, 1992 the Planning Commission recommended adoption
of the Negative Declaration and Mitigation Monitoring/Reporting
Program and approval of the Development Agreement.
Attachments:
A - OWner/Applicant List
B - Resolution
C - Development Agreement
D - Initial Study
E - Environmental Comments and Responses
Prepared by:
Valerie C. Ross
Acting Principal Planner
for:
Al Boughey, AICP
Director
Note: The applicant will submit 5 originals of the Development
Agreement to the City Attorney's Office, for signature, after
Council action. The originals will have the typographical errors
corrected. One original will be filed with the City Clerk after
all signatures have been obtained.
APPLICANT:
OWNERS:
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DEVELOPMENT AGREEMENT NO. 9l-01
Mano Management Company, Inc.
c/o General Growth Development, Inc.
15821 Ventura Blvd., Suite 525
Encino, CA 91436
Mano Management Company, Inc.
121l Avenue of the Americas
New York, New York 10036
Sears, Roebuck and Company
900 South Fremont Avenue
Alhambra, CA 91803
Carter Hawley Hale stores, Inc.
550 South Flower Street
Los Angeles, CA 90071
May Stores Shopping Centers, Inc.
61l Olive street, Suite 1701
st. Louis, MO 6310l
ATTACHMENT "A"
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RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING THE
MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND ADOPTING
THE MITIGATION MONITORINGlREPORTING PROGRAM AND AUTHORIZING THE
EXECUTION OF DEVELOPMENT AGREEMENT NO. 91-0l (INLAND CENTER MALL
EXPANSION) .
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS: '
SECTION 1. Recitals
(a) Development Agreement No. 91-01 was considered by the
Planning commission on September 8, 1992 after a noticed public
hearing, and the Planning Commission's recommendation of approval
has been considered by the Mayor and Common Council.
(b) An Initial study was prepared on March 19, 1992 and
reviewed by the Environmental Review Committee and the Planning
Commission who both determined that Development Agreement No. 91-0l
would not have a significant effect on the environment and
therefore, recommended that a Mitigated Negative Declaration be
adopted.
(c) The proposed Mitigated Negative Declaration received a 30
day public review period from March 24, 1992 to April 23, 1992 and
all comments relative thereto have been reviewed by the Planning
Commission and the Mayor and Common Council in compliance with the
California Environmental Quality Act and local regulations.
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23 reviewed by the Planning commission and Mayor and Common Council in
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(d)
The proposed Mitigation MonitoringlReporting Program was
compliance with the California Environmental Quality Act and local
regulations.
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1 (e) The Mayor and Common Council held a noticed public
2 hearing and fully reviewed and considered proposed Development
3 Agreement No. 91-01 on October 19, 1992.
4 (f) The adoption of Development Agreement No. 9l-01 is deemed
5 in the interest of the orderly development of the City and is
6 consistent with the goals, objectives and policies of the existing
7 General Plan.
8 SECTION 2. Neaative Declaration
9 NOW, THEREFORE BE IT RESOLVED, FOUND AND DETERMINED by the
10 Mayor and Common Council that the proposed Development Agreement
11 will have no significant effect on the environment, and the
12 Mitigated Negative Declaration heretofore prepared by the
13 Environmental Review committee as to the effect of this proposed
14 Agreement is hereby ratified, affirmed and adopted.
15 SECTION 3. Mitiaation Monitorina/Reoortina proaram
16 BE IT FURTHER RESOLVED by the Mayor and Common Council that
17 the Mitigation MonitoringlReporting Program is hereby ratified,
18 affirmed and adopted.
19 SECTION 4. Findinas
20 BE IT FURTHER RESOLVED by the Mayor and Common Council of the
city of San Bernardino that:
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22 A. The proposed Development Agreement is consistent with the
23 goals, objectives and policies of the General Plan.
24 B. The proposed Development Agreement is consistent with the
25 Development Code.
26 C. The proposed Development Agreement will promote the
27 welfare and public interest of the City.
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1 SECTION 5. Develooment Aareement
2 BE IT FURTHER RESOLVED by the Mayor and Common Council that:
3 A. Development Agreement No. 91-01 will govern the
4 development of the Inland Center Mall as specifically described in
5 the Development Agreement labeled Attachment l, a copy of which is
6 attached and incorporated herein by reference.
7 B. The Mayor is hereby authorized and directed to execute on
8 behalf of said City, Development Agreement No. 91-0l.
9 C. The authorization to execute the above referenced
10 agreement is rescinded if the parties to the agreement fail to
11 execute it within sixty (60) days of the passage of this
12 resolution.
13 D. Development Agreement No. 91-01 shall be effective
14 immediately upon adoption and execution of this resolution.
SECTION 6. Notice of Determination
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17 Determination with the County Clerk of the County of San Bernardino
18 certifying the City's compliance with the California Environmental
19 Quality Act in preparing the Mitigated Negative Declaration.
SECTION 7. Recordation
The Planning Division is hereby directed to file a Notice of
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22 Office of the County Recorder no later than ten (10) days after it
23 is executed by the parties.
The developer shall record the Development Agreement in the
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1 RESOLUTION... ADOPTING THE MITIGATED NEGATIVE DECLARATION OF
ENVIRONMENTAL IMPACT AND ADOPTING THE MITIGATION
2 MONITORING/REPORTING PROGRAM AND AUTHORIZING THE EXECUTION OF
DEVELOPMENT AGREEMENT NO. 91-01 (INLAND CENTER MALL EXPANSION).
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adopted by the Mayor and
I HEREBY CERTIFY that the foregoing resolution was duly
Common Council
of the City of San
5 Bernardino at
a
6 day of
7 wit:
8 Council Members
meeting therefore, held on the
, 1992, by the following vote, to
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HAXe
ABSTAIN
ABSENT
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19 of
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ESTRADA
REILLY
HERNANDEZ
MAUDSLEY
MINOR
POPE-LUDLAM
MILLER
City Clerk
The foregoing resolution is hereby approved this
day
, 1992.
W. R. HolCOmb, Mayor
City of San Bernardino
22 Approved as to
23 form and legal content:
24 JAMES F. PENMAN,
City Attorney
25 ~_.l}j/21 ~
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~commG~Q~~DBYA~
WHEN RECOmED MAIL TO:
rrn~rrn~ijW~rrJI
un SEP 2 4 1992 illJ
Mark A. Ostoich, Esq.
GRESHAM, VARNER, SA V AGE,
NOLAN & TILDEN
600 N. Arrowhead Avenue
Suite 300
San Bernardino, CA 92401
CITY vr ~I'\,~ C1.l;..t('~hr(OINO
DEPARTMENT OF PLANNING &
BUILDING SERVICES
DEVELOPMENT AGREEMENT
BETWEEN
THE CITY OF SAN BERNARDmO
AND
MANO MANAGEMENT COMPANY, INC.
EFFECTIVE:
_,19_
Attachment "C"
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TABLE OF CONTENTS
RECIT AI..S..........................................................................................I
OPERATIVE PROVISIONS ........... ........ ... ..... ..... ................. ......... ...........2
.
I. Term.................................... ...'...................................................2
2. Development and Operation.............................................................3
3. Additional Permits and Approvals...................................................... 6
4. Public Improvements...................................................................... 7
5. Third Party Permits and Approvals and Utilities .....................................8
6. Other Matters. ......................... ........... .......... .......... ..... ................8
7. Developer Failure to Perform ......................................................... 11
8. City Failure to Perform................................................................. 11
9. Permitted Delays........................................................................ 11
10. Developer Compliance and Release................................................... 11
II. Superseding State or Federal Law.................................................... 12
12. CondemnatiJn............................................................................ 12
13. Successors, Assigns and Beneficiaries................................................ 12
14. Equitable Servitudes .......................... .......................................... 12
15. Negation of Agency, Joint Venture or Partnership ................................. 12
16. Notices and Other Communications .................................................. 13
17. Estoppel Certificates ........................ ............................................ 13
18. Applicable Law ....................... ............................. ...................... 13
19. Venue..................................................................................... 13
20. Attorneys' Fees. ...................................... ............................. ...... 13
21. Paragraph Headings....................... .............................................. 13
22. Construction............................. ................................................. 14
23. Survival................................................................................... 14
24. Calendar Periods......................................................................... 14
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25. Severability ........................ ... ...... .... ............ .............................. 14
26. Further Actions .. ........ ................. ... ... .......... ........... .............. ...... 14
27. Covenant of Good Faith............. ......... ........ ............ ... ....... ..... ....... 14
.
28. Counterparts...... ..... ..... ........ ... ...~... ... .......... ..... '" ................. ....... 15
29. Incorporation of Recitals............................................................... 15
30. Incorporation of Exhibits............................................................... 15
31. Amendment.. ...... ... ... ........ ...... ". ............... ........ ..... ... ... ..... ... ...... 15
32. Municipal Code............................................... ............................ 15
33. Recordation...... ...... ... ... ... ... ... ... .................... ...... ..... '" ..... .... ...... 15
TABLE OF EXHIBITS
Exhibit "A"
Exhibit "B"
Depiction of Parcels
Description of Parcels
Site Plan
Exhibit "CO
Exhibit "D"
Phasing Plan
Permitted Uses
Exhibit "E"
Exhibit "F"
Filing Requirements
Mitigation Monitoring Program
Existing and Proposed Signage and
Landscaping
Exhibit "G"
Exhibit "R"
Exhibit "I"
Public Improvements
Exhibit "J-l
Exhibit "J-2
CalTrans Design Alternative No. 3
Developer's Concept of Impact of 1-215 Freeway
Design Alternative
Cemfi~teofComp~tion
Exhibit "K"
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DEVELOPMENT AGREEMENT
This Development Agreement ("Agreement") is entered into effective
-' 19_, between the City of San Bernardino, a municipal corporation, ("City") and Mano
Management Company, Inc., a Delaware corporation ("Developer").
RECITALS
A. The City is authorized by its Municipal Code ("Municipal Code") to enter into
binding development agreements for the Development of improved real property in its
municipal limits, with persons who have legal or equitable interests in that real property.
B. The Developer owns a parcel of real property in the municipal limits of the City
and in the redevelopment project area of the Inland Valley Development Agency ("IVDA "),
which is depicted in Exhibit" A" ("Mall Parcel No.3") and described in Exhibit "B". Mall
Parcel No. 3 is improved with a retail shopping mall facility and with parking and other
facilities which are incidental to the retail shopping mall facility.
C. Three other parcels of real property (individually, "Existing Anchor Parcel" and
collectively, "Existing Anchor Parcels") are contiguous to Mall Parcel No.3 and, together
with Mall Parcel No.3, function as an integrated regional shopping mall ("Inland Center
Mall"). The Existing Anchor Parcels are also located in the municipal limits of the City and in
the redevelopment project area of the IVDA and are also depicted in Exhibit "A" and
described in Exhibit "B". The Existing Anchor Parcels are improved with major department
store facilities and parking and other facilities which are incidental to those major department
store facilities. The Developer and the owners of the Existing Anchor Parcels have rights,
obligations and equitable interests in the parcels which are Dwned by the others, by virtue of a
reciprocal easement agreement ("Reciprocal Easement Agreement") which provides reciprocal
access rights and obligations, parking rights and obligations, utility service rights and
obligations and maintenance rights and obligations, which was recorded in the Official Records
of San Bernardino County, California, on April 23, 1966, in Book 6685 at Page 414, and
which has been amended from time to time. Although the owners of the Existing Anchor
Parcels are not signatories to this Agreement, the parties intend that the Existing Anchor
Parcels and their successors and assigns be express third party beneficiaries of this Agreement.
D. The Developer intends to upgrade, expand and remodel (as used in this
Agreement, "Develop", "Developed" and "Development" will be deemed to refer to the
planned upgrading, expansion and remodeling) Mall Parcel No. 3 and to use reasonable efforts
to induce the owners of the Existing Anchor Parcels to upgrade, expand and remodel the
Existing Anchor Parcels. The Developer also intends to use reasonable efforts to create new
legal parcels in Mall Parcel No.3, if financially feasible, and to induce the owners of the
Existing Anchor Parcels to create new legal parcels in the Existing Anchor Parcels, at the
locations depicted as "Proposed Major No. 1", "Proposed M~or No.2" and "Proposed Major
No.3" in the site plan ("Site Plan") which is attached as Exhibit "C" (individually, "New
Anchor Parcel" and collectively, "New Anchor Parcels"), for the purpose of facilitating the
location of up to three additional major department stores at the Inland Center Mall
(individually, "New Major Department Store" and collectively, "New Major Department
Stores"). The Developer also intends to use reasonable efforts to Develop a second level in
the existing retail shopping mall facility and to Develop up to four multi-level parking
structures at the Inland Center Mall. The Developer also intends that the proposed
Development of the Inland Center Mall will occur in several phases, according to the phasing
plan ("Phasing Plan") which is attached as Exhibit "0".
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, E. The Developer has applied to the City for approval and enactment of this
Agreement as the primary governing instrument for the proposed Development and Operation
(as defined in paragraph I.) of the Inland Center Mall and the City's Planning Commission
("Planning Commission") and the City's City Council ("City Council") have conducted public
hearings with respect to this Agreement and have found that the provisions of this Agreement
are consistent with !he City's General Plan ("General Plan") including, without limitation, the
provisions of the General Plan which address permitted uses, design and development
guidelines, streetscapes, public improvements, transportation, circulation and the expansion,
intensification and upgrading of the Inland Center Mall. The Planning Commission and the
City Council have also found that the provisions of this Agreement implement the goals,
objectives, policies and standards of the Land Use Element of the General Plan. On
,19 ,the City Council adopted Resolution No. which
enacted this Agreement ("Enacting Resolution") and the Enacting Resolution became effective
on the date of its adoption ("Effective Date").
F. By adopting the Enacting Resolution, the City Council has elected to exercise
certain governmental powers at the present time rather than deferring those actions until an
undetermined future date and has done so intending to bind the City and future City Councils
and intending to limit the City's future exercise of certain governmental powers. This
Agreement has undergone extensive review by the City, the Planning Commission and the City
Council and has been found to be fair, just and reasonable and in the best interests of the
citizens of the City and the public health, safety and welfare.
G. By adopting the Enacting Resolution, the City Council approves the Developer's
proposed Development and Operation of the Inland Center Mall, on a basis which recognizes
the uniqueness of the Inland Center Mall and which provides maximum flexibility to the
Developer with respect to Development of the Inland Center Mall. The City Council intends
this Agreement to be the primary governing instrument for the proposed Development and
Operatio!: of the Inland Center Mall, in lieu of any other permit or approval, except for those
permits and approvals which are specifically identified in this Agreement.
IN CONSIDERA nON of the mutual covenants and conditions in this Agreement, the
parties agree as follows:
OPERATIVE PROVISIONS
I. ~. Unless earlier terminated as provided in this Agreement, this Agreement
will commence on the Effective Date and will continue until the earlier of (a) 30 years from
the Effective Date or (b) until the improvements which exist at the Inland Center Mall as of
the Effective Date, or which are subsequently Developed as provided in this Agreement, no
longer exist. After completion of the Development of the Inland Center Mall, the effect of
this Agreement will be to govern the Operation of the Inland Center Mall, to the extent of
ensuring, for land use purposes, (A) that the Inland Center Mall continues as a group of legal,
conforming structures, (B) the Developer's ability to upgrade, expand and remodel the Inland
Center Mall in accordance with this Agreement, and (C) the Developer's ability to repair or
rebuild the Inland Center Mall as one or more legal conforming structures, in accordance with
this Agreement, if the Inland Center Mall is damaged or destroyed. In this Agreement, any
capitalized reference to "Operate" or "Operation" will mean the concepts which are described
in the immediately preceding sentence.
Notwithstanding any other provision in this Agreement, no total or partial
termination of this Agreement will act to cancel, limit or alter, in any way, any of the
development entitlements which the Developer has preyiously obtained or may in the future
obtain with respect to the Inland Center Mall.
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. 2~. Develonment and Ooeration.
(a) The proposed Development and Operation of the Inland Center Mall will
be governed by this Agreement. Although this Agreement refers to certain provisions of the
Municipal Code for details which are not provided in this Agreement, this Agreement will
goyem the propose4 Development and Operation of the Inland Center Mall and, to the extent
that it is inconsistent with any provision in the Municipal Code, this Agreement will supersede
and control.
(b) The Developer will have the vested right to Develop and Operate Mall
Parcel No. 3 and the owners of the Existing Anchor Parcels and the New Anchor Parcels will
have the vested right to Develop and Operate their respective Existing Anchor Parcels and
New Anchor Parcels, in accordance with this Agreement, without regard to future ordinances,
resolutions, rules, regulations and policies of the City which conflict with any of the terms of
this Agreement.
(c) The proposed Development of the Inland Center Mall will be according
to the Site Plan and will include (i) up to three New Major Department Stores which will add,
in the aggregate, up to 540,000 square feet of new retail area, based on gross building area,
(ii) a second level in the existing retail shopping mall which will add up to 236,465 square feet
of new retail area, based on gross building area, (ill) up to four multi-level parking structures,
(iv) on completion of all phases of the proposed Deyelopment, landscaped areas which, in the
aggregate, will constitute a minimum of 15 % of the gross' surface area of the parking facilities
at the Inland Center Mall (in accordance with Section 19.24.060.6 of the Municipal Code) and
(v) design elements which are architecturally consistent with the applicable standards in
Section 19.06.060 of the Municipal Code.
(d) Subject only to compliance with the procedures in Chapter 19.60 of the
Municipal Code, tI,e Developer and the owners of the Existing Anchor Parcels and the New
Anchor Parcels, as the case may be, may make modifications in the proposed Development of
the Inland Center Mall which are determined by the City's Director Planning and Building
Services ("Director") to be non-material including, without limitation, the following
modifications: (i) increase or decrease the square footage of each New Major Department
Store, provided that the 540,000 square foot aggregate in subparagraph 2.(c) is not exceeded,
(ii) decrease the aggregate square footage of the New Major Department Stores and the second
level in the existing retail shopping mall and (ill) increase the parking capacity of the
additional four multi-level parking structures.
(e) To the extent not inconsistent with this Agreement, the proposed
Development of Mall Parcel No.3, the Existing Anchor Parcels and the New Anchor Parcels
including, without limitation, the density, intensity and type of use, the maximum height and
size of buildings, building setback requirements, parking requirements, landscaping
requirements, loading zone requirements and provisions for reservation or dedication of land
for public purposes, will be governed by the following:
(i) The Commercial Regional Retail (CR-l) land use designation of
the General Plan, as it exists on the Effective Date.
Municipal Code.
(ii) The permitted uses in Exhibit "E".
(ill) The applicable signage standards in Chapter 19.22 of the
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c)
(iv) The applicable on-site landscape standards in Section 19.24.060.6
and Chapter 19.28 of the Municipal Code.
(v) Other standards in Title 19 of the Municipal Code, which are
applicable to the proposed Development of the Inland Center Mall.
.
(vi) Other standards in the Municipal Code which are applicable to
the permits and approvals described in paragraph 3.
(f) As provided in the Phasing Plan, the Developer intends that the
Development of the Inland Center Mall will be phased as follows:
Construct Proposed Major No. 2 with
approximately 140,000 square feet of gross
building area, and adjacent parking structure
accommodating approxi-mately 725 autos.
Construct a portion of the second level retail
shopping mall improvements with approxi-
mately 154,415 square feet of gross building
area, and adjacent parking structure accommo-
dating approximately 650 autos.
Construct Proposed Major No.1, with
approximately 160,000 square feet of gross
tuilding area, and additional second level retail
shopping mall improvements with approxi-
mately 61,050 square feet of gross building
area, and adjacent parking structure accommo-
dating approximately 845 autos.
Construct Proposed Major No. 3 with
approximately 240,000 square feet of gross
building area, and additional second level retail
shopping mall improvements with approxi-
mately 21,000 square feet of gross building
area, and adjacent parking structures accommo-
dating approximately 800 autos.
The Developer will use reasonable efforts to Develop Mall Parcel No. 3
and to induce the owners of the Existing Anchor Parcels and the New Anchor Parcels to
Develop the Existing Anchor Parcels and the New Anchor Parcels, according to the foregoing
schedule. Notwithstanding the provisions of the immediately preceding sentence and without
increasing the level of the Developer's commitment with respect to the Development of Phase
ill and Phase IV, if by the 10th anniversary of the Effective Date, the Developer fails to
obtain a certificate of occupancy from the City (or the equivalent approval by the City, if the
City no longer issues certificates of occupancy at that time) with respect to the construction of
the improvements in Phase I, or if by the 15th anniversary of the Effective Date, the
Developer fails to obtain a building permit with respect to the improvements in Phase n, then
at the election of the City, the City may require the Developer to agree to an amendment of
this Agreement to provide that, during the remainder of the term of this Agreement, the
Pbase
I
n
ill
IV
Improvements
4
Expected Completion Date
1994-1998
1994-1998
1994-1998
1998-2000
o..A".\9.24\G193oCIJ2
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Development of the Inland Center Mall will be governed by the land use provisions of the
City's Development Code (Title 19 of the Municipal Code), as they exist at the time of actual
Development.
(f) Inasmuch as the proposed Development and Operation of the Inland
Center Mall are being approved by enactment of this Agreement, the parties acknowledge and
agree that all of tlie studies, reports and. other bases for the enactment of this Agreement
including, without limitation, the traffic impact analyses, geotechnical studies, liquefaction
studies, title reports, preliminary environmental description forms, initial studies, owner
authorizations and other matters which are described in Exhibit "F" ("Filing Requirements"),
the environmental findings and mitigation measures (individually "Mitigation Measure" and
collectively "Mitigation Measures") which are imposed in connection with the enactment of
this Agreement and the mitigation monitoring program which is described in Exhibit "G"
("Mitigation Monitoring Program"), are deemed to satisfy the requirements of the City with
respect to the additional permits and approvals which are described in paragraph 3., provided
that the scope of the proposed Development and Operation of the Inland Center Mall does not
change in a manner which will materially exceed the scope of any of the Filing Requirements,
the Mitigation Measures or the Mitigation Monitoring Program and provided further that State
law does not prohibit the same.
(h) The parties acknowledge that the landscaping and signage at the Inland
Center Mall on the Effective Date, may not be consistent with the applicable standards in
Chapter 19.14, Chapter 19.22 and Chapter 19.28 of the Municipal Code, and that the
landscaping and signage which is proposed in connection with the Development and Operation
of the Inland Center Mall may also not be fully consistent with those standards. As soon as is
reasonably possible after the Effective Date, the Developer will prepare all documentation
required by the City to enact amendments to Chapter 19.14, Chapter 19.22 and Chapter 19.28
of the Municipal Code, and submit the same to the City. On submission, the City will accept
that documentation for filing, and subject to the completion of
such investigations, public hearings, findings and other procedures as are required by State law
and the Municipal Code, the City will use its best efforts to enact the proposed amendments to
Chapter 19.14, Chapter 19.22 and Chapter 19.28 of the Municipal Code. The proposed
amendments to Chapter 19.14, Chapter 19.22 and Chapter 19.28 of the Municipal Code will
ensure that the existing landscaping and signage at the Inland Center Mall and the landscaping
and signage which is Developed in accordance with this Agreement, will be legal and
conforming, based solely on their conformance with this Agreement and the applicable plans
and specifications which are approved by the City and that landscaping and signage will, for
all purposes, continue to be governed by the standards in this Agreement including, without
limitation, standards with respect to the subsequent alteration or modification of that
landscaping or signage or any rebuilding of that landscaping or signage if it is totally or
partially destroyed. The general elements, characteristics and requirements of the proposed
amendments to Chapter 19.14, Chapter 19.22 and Chapter 19.28 of the Municipal Code are
described in Exhibit "H". If, after using its best efforts, the City does not enact the proposed
amendments to Chapter 19.14, Chapter 19.22 and Chapter 19.28 of the Municipal Code, then
the parties will cooperate with one another in good faith in taking such steps as may be
necessary to carry out the intent of this Agreement, notwithstanding that the City has not
enacted the proposed amendments to Chapter 19.14, Chapter 19.22 and Chapter 19.28 of the
Municipal Code.
(i) From and after the Effective Date, the Developer and the owners of the
Existing Anchor Parcels and the New Anchor Parcels will have the right to further upgrade,
expand and remodel the improvements on Mall Parcel No. 3 and the Existing Anchor Parcels
and New Anchor Parcels, as the case may be, provided that the subsequent upgrading,
expansion and remodeling are in accordance with the provisions of this Agreement. In
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addition, if any of the improvements at the Inland Center Mall are subsequently totally or
partially destroyed, then the Developer or the owners of the Existing Anchor Parcels or the
New Anchor Parcels, as the case may be, will have the right to rebuild those improvements in
accordance with the provisions of this Agreement.
3. Additional Permits and ADprovals. The only additional City permits and
approvals which will be required for the' Development and Operation of the Inland Center
Mall, will be as follows:
(a) When the architectural plans, floor plans, internal building and parking
structure circulation and construction design details, landscaping and signage plans ("Final
Design Details") for each improvement at the Inland Center Mall or each phase of the
Development become known, then those Final Design Details will be subject to the issuance
by the City of Development Permits, as provided in Chapter 19.44 of the Municipal Code, as
modified by this Agreement. The scope of the City's review and approval of each
Development Permit will be limited to the Final Design Details in the applicable phase of the
proposed Development of the Inland Center Mall which are the subject of that Development
Permit and the City will not consider or condition its approval of the applicable Final Design
Details in such a manner as to impact any other phase of the proposed Development of the
Inland Center Mall.
(b) The Final Design Details for each improvement at the Inland Center
Mall will be subject to the issuance by the City of construction permits.
(c) Any subdivision or lot line adjustment and any parcel map which may be
necessary to change the size or configuration of Mall Parcel No. 3 or any Existing Anchor
Parcel or New Anchor Parcel, will be subject to approYal by the City.
(d) The oc!upancy" of "'fmprovements 'at' the Inland Center Mall will be
subject to the issuance by the City of certificates of occupancy.
(e) The operation of businesses at the Inland Center Mall will be subject to
the issuance by the City of business registration certificates.
(f) The matters in subparagraph 6.(a) and subparagraph 6.(c) will be subject
to the issuance by the City of Development Permits, as provided in subparagraph 3.(a), and to
the issuance by the City of construction permits, as provided in subparagraph 3.(b).
(g) On the request from time to time of the Developer or any owner of an
Existing Anchor Parcel or a New Anchor Parcel, the City will accept applications for and
process on a priority basis, in accordance with this Agreement, any Development Permit,
construction permit, subdivision or lot line adjustment, parcel map, certificate of occupancy or
business registration certificate which is described in this Agreement, and will make all
required inspections, on a priority basis. Without limiting the effect of the foregoing, the
parties acknowledge and agree that the Developer and any owner of an Existing Anchor Parcel
or a New Anchor Parcel will have the right to cause any department of the City to hire
additional dedicated personnel as may be necessary to expedite the processing and inspection as
provided in this subparagraph 3.(g); provided, however that financial arrangements are made
with each such department which are mutua1ly agreeable to that department and the Developer,
to defray the cost of the additional dedicated personnel. Any additional dedicated personnel
will be assigned exclusively to Inland Center Mall matters. Further, without limiting the
effect of the foregoing, except with regard to conditions of approval which are imposed by the
City's Development Review Committee or the City's Environmental Review Committee and
unless waived in any given case by the Developer or any owner of an Existing Anchor Parcel
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or a New Anchor Parcel, as the case may be, the City will notify the Developer and the
owners of the Existing Anchor Parcels and the New Anchor Parcels, as the case may be, in
writing, of any proposed conditions of the City's issuance or approval of any Development
Permit, construction permit, subdivision or lot line adjustment, parcel map, certificate of
occupancy or business registration certificate, at least IO days before the date on which the
City otherwise inteRds to take action on the matter. The parties acknowledge that the City's
Development Review Committee and the City's Environmental Review Committee frequently
do not issue their proposed conditions of approval until the applicable Development Review
Committee meeting or the applicable Environmental Review Committee meeting and,
therefore, the City cannot commit to make those conditions of approval available before the
applicable meeting. However, the City will use its best efforts to obtain any applicable
Development Review Committee conditions of approval or Environmental Review Committee
conditions of approval, as soon as is reasonably possible before the applicable Development
Review Committee meeting or the Environmental Review Committee meeting.
(h) The parties acknowledge that the approval of subdivisions, lot line
adjustments and parcel maps and the issuance of Development Permits, construction permits,
certificates of occupancy and business registration certificates as contemplated by this
Agreement may result in the imposition by the City of conditions of approval and standard
requirements. If any of the above-mentioned conditions of approval or standard requirements
conflict with or are inconsistent with any provision of this Agreement, then the applicable
provision of this Agreement will supersede and control. Without limiting the effect of the
foregoing, although the Inland Center Mall consists of several parcels of real property and has
multiple owners, the effect of this Agreement and the Reciprocal Easement Agreement which
is referred to in Recital "C", is to interlock those parcels together as one property, and all of
the legal parcels which make up the Inland Center Mall are deemed to be the same property
for purposes of interpreting the Uniform Building Code.
(i) Subject to the provisions of subparagraph 2.(d), with respect to minor
modifications under Chapter 19.60 of the Municipal Code, all Development Permits,
construction permits, subdivisions and lot line adjustments, parcel maps, certificates of
occupancy and business registration certificates will be issued or approved by the City, in
accordance with the provisions of the Municipal Code.
(j) To the extent not inconsistent with this Agreement, the review of
subdivisions, lot line adjustments and parcel maps and the issuance of Development Permits,
construction permits, certificates of occupancy and business registration certificates, will
require the exercise of discretion by the City and that those aspects of the proposed
Development and Operation of the Inland Center Mall will be subject to the City's reasonable
review as provided in its ordinances, resolutions, rules and regulations; provided, however that
the City exercises its discretion consistent with the provisions and objectives of this
Agreement.
4. Public Imorovements. Subject to the Development of Mall Parcel No. 3 and
the Existing Anchor Parcels, as provided in this Agreement, the Developer will construct or
cause the improvements which are described in Exhibit "I" to be constructed, in connection
with the proposed Development of Mall Parcel No. 3 and the Existing Anchor Parcels
(individually "Public Improvement" and collectively "Public Improvements"). All of the
Public Improvements will be constructed to the standards of the public agency or public
agencies which have jurisdiction and the determination of whether a specific Public
Improvement meets those standards will be within the discretion of the applicable public
agency or public agencies. The parties agree that construction of the Public Improvements is
deemed to satisfy all of the requirements of the City for Public Improvements in connection
with the Development or Operation of the Inland Center Mall as provided in this Agreement,
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and thatileither the Developer nor any owner of an Existing Anchor Parcel or a New Anchor
Parcel will be required to construct any additional public improvements in connection with the
Development or Operation of the Inland Center Mall as provided in this Agreement, unless
otherwise required by State law. The parties also agree that the benefits of the construction of
the Public Improvements will be deemed to satisfy the objectives and policies in Section
6. I.ll through Section 6. I.l4 of the General Plan.
5. Third Party Permits and Aoorovals and Utilities. The parties acknowledge that
this Agreement does not bind third party government and non-goyernment agencies which are
not under the City's control. The City will use its best efforts to assist the Developer and the
owners of the Existing Anchor Parcels and the New Anchor Parcels in obtaining alI permits
and approvals of third party government and non-government agencies, which are necessary
for the Development or Operation of the Inland Center Mall, including, without limitation,
permits and approvals which are required for the installation of driveways and utility
connections and services such as electrical, gas, water, sewer, storm drain, telephone and
cable television and other permits and approvals which may be issued by third party
government agencies such as the California Department of Transportation ("CalTrans") and the
South Coast Air Quality Management District. In addition, at the request of the Developer or
any owner of an Existing Anchor Parcel or a New Anchor Parcel, the City will use its best
efforts to assist that person in negotiating with third party government agencies and non-
government agencies with respect to any processing fees or charges and any development
impact fees or development linkage fees which are levied by those third party government
agencies and non-government agencies. In addition, the parties acknowledge that the
Developer or the owners of the Existing Anchor Parcels or the New Anchor Parcels may be
obligated to make payments to third party utility providers to defray the cost of utility
extensions to the Inland Center MalI and agree that, at the request of the Developer or any
owner of an Existing Anchor Parcel or a New Anchor Parcel, the City will process all
proceedings with those third party utility providers that may be necessary to implement those
utility extensions.
6. Other Matters.
(a) The parties acknowledge that CalTrans presently plans to expand the
Interstate 215 Freeway ("1-215 Freeway") in the vicinity of the Inland Center Mall and that, in
so doing, may take a portion of Mall Parcel No. 3 and/or portions of the Existing Anchor
Parcels and/or the New Anchor Parcels. In order to preserve the maximum number of parking
spaces at the Inland Center Mall and to preserve the existing 1-215 Freeway off-ramp at Inland
Center Drive, the City will use its best efforts to induce CalTrans to design the expansion of
the portion of the 1-215 Freeway which is adjacent to the Inland Center Mall, in a manner
which retains direct north and south access between the 1-215 Freeway and Inland Center
Drive and which will also provide for "right in" and "right out" access between the Inland
Center MalI and any collector-distributor road which is developed as part of the 1-215 Freeway
expansion. An example of a design alternative which is acceptable to the Developer is Design
Alternative No. 3 as modified, which design alternative is depicted in Exhibit "J-l". If
CalTrans takes a portion of Mall Parcel No. 3 or any of the Existing Anchor Parcels Dr the
New Anchor Parcels and that taking results in a reduction in parking spaces at the Inland
Center Mall, then the City will not require the replacement of those lost parking spaces
provided that the total number of parking spaces lost does not result in a reduction in the total
number of parking spaces, provided at the Inland Center Mall, below (i) the minimum number
of parking spaces which are required for the Inland Center Mall by the Municipal Code as it
exists on the Effective Date or (ll) the minimum number of parking spaces at the Inland Center
Mall which are required by the Municipal Code as it may exist in the future, whichever is less.
In addition, if CalTrans takes a portion of Mall Parcel No. 3 or any of the Existing Anchor
Parcels or the New Anchor Parcels, at the request of the Developer or any other owner of an
8
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affected Existing Anchor Parcel or New Anchor Parcel, the City will process, in accOrdance
with the Municipal Code subject to the provisions of subparagraph 2.(d) with respect to minor
modifications under Chapter 19.60 of the Municipal Code, such Development Permits and
construction permits as may be necessary to replace the lost facilities.
(b) . The parties acknowledge that, in connection with the expansion of the 1-
215 Freeway, CalTrans may relinquish or otherwise dispose of certain land which is
contiguous to the Inland Center Mall, which is depicted as "2.6 acres" in Exhibit "]-2" and
which is presently part of the CalTrans right-of-way ("CalTrans Right-of-Way"). Irrespective
of whether CalTrans takes any portion of Mall Parcel No. 3 or any of the Existing Anchor
Parcels or the New Anchor Parcels, the City will use its best efforts to cause CalTrans to
relinquish or otherwise dispose of the CalTrans Right-of-Way by a conveyance to the
Developer, at no cost or otherwise at the lowest possible cost, and the Developer will payor
cause to be paid the cost of any such relinquishment or disposition, if there is a cost associated
with the same. .
(c) The parties acknowledge that Central Avenue may, in the future, be
extended from its west terminus across property owned by others and adjacent to the Inland
Center Mall, to an ultimate intersection with the 1-215 Freeway. If any extension of Central
Avenue results in a loss of facilities at the Inland Center Mall including, without limitation,
parking facilities, then at the request of the Developer or any owner of an affected Existing
Anchor Parcel or New Anchor Parcel, the City will process, in accordance with the Municipal
Code subject to the provisions of subparagraph 2.(d) with respect to minor modifications under
Chapter 19.60 of the Municipal Code, such Development Permits and construction permits as
may be necessary to replace the lost facilities. Nothing in this subparagraph 6.(c) will be
deemed to obligate the City to extend or modify Central Avenue in any respect.
(d) The parties acknowledge that streetscape requirements which may be
applicable to street!. adjacent to or adjoining the Inland Center Mall, will be implemented as
part of a capital improvement project, by the City or the IVDA. Participation in any such
improvements, by the Developer or any owner of an Existing Anchor Parcel or a New Anchor
Parcel will not be a condition of this Agreement or of any future permit or approval for uses
or rights with respect to the Inland Center Mall, but will instead be subject to the consent of
the Developer or the applicable owner of an Existing Anchor Parcel or a New Anchor Parcel.
(e) The City will use its best efforts to assist the Developer and the owners
of any Existing Anchor Parcel or New Anchor Parcel in ensuring that they assume no
responsibility including, without limitation, fmancial responsibility, for the construction of any
improvements which are required by the expansion of the 1-215 Freeway or by the extension
of Central Avenue.
(f) Notwithstanding any subsequent review by the City of any aspect of
Development of the Inland Center Mall, to the extent not prohibited by applicable State law,
no aspect of Development of the Inland Center Mall will be subject to the requirements of the
State mandated congestion management program including, without limitation, the requirement
to prepare a traffic impact analysis.
(g) The parties acknowledge that, pursuant to an agreement with the San
Bernardino County Hood Control District ("Hood Control District"), the Developer maintains
landscape areas which are owned by the Flood Control District, which are contiguous to the
Inland Center Mall and which are depicted in the Site Plan ("Flood Control Landscape
Areas"). The parties agree that the Developer and the owners of the Existing Anchor Parcels
and the New Anchor Parcels will receive credit for the Hood Control Landscape Areas in
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meetirig up to 1/3 of the 15% landscape coverage requirement which is referred to in
subparagraph 2.(c).
(h) The parties acknowledge and agree that in calculating the maximum
height of buildings, the calculation will be measured from grade at the main entrance of the
building and will not include parapets or roof structures which house mechanical systems.
(i) The parties acknowledge that, when the Development of the Inland
Center Mall has been completed, Chapter 19.24 of the Municipal Code will require a total of
7,049 parking spaces (1 parking space per 250 gross square feet of building). Based on the
Developer's estimates, at the completion of the Development of the Inland Center Mall, a total
of 7,420 parking spaces (4,400 existing parking spaces plus 3,020 new parking spaces) wilI be
provided, resulting in 371 parking spaces beyond the requirements of Chapter 19.24 of the
Municipal Code.
The parties further acknowledge that the Inland Center MalI, as it now exists,
includes approximately 985,883 gross square feet of buildings and 4,400 parking spaces. The
parties further acknowledge that, based on Chapter 19.24 of the Municipal Code, only 3,943
parking spaces are required and, therefore, as of the Effective Date, 457 extra parking spaces
are being provided.
The parties further acknowledge that, based on the Developer's estimates,
approximately 776,465 gross square feet of buildings and an additional 3,020 parking spaces
wilI be provided in connection with the Development of the Inland Center Mall. The parties
further acknowledge that, if the additional parking spaces are evaluated independently of the
existing parking spaces, on completion of the Development of the Inland Center MalI, Chapter
19.24 of the Municipal Code would require 86 additional parking spaces. The parties further
acknowledge, how~Yer, that the additional parking spaces which the Developer intends to add
with each phase of the Development (as provided in subparagraph 2.(f) of the body of this
Agreement), when evaluated in conjunction with the parking spaces which exist at the Inland
Center MalI as of the Effective Date, exceeds the requirements of Chapter 19.24 of the
Municipal Code, with respect to each phase of the Development. The parties therefore
acknowledge and agree that the proposed number of parking spaces at the Inland Center Mall,
both individually (by phase) and cumulatively, meets the requirements of Chapter 19.24 of the
Municipal Code.
The Developer will maintain the existing 4,400 parking spaces throughout each
phase of the Development of the Inland Center Mall and will provide additional parking
spaces, as provided in subparagraph 2.(f). Notwithstanding the foregoing, the parties agree
that the 4,400 parking spaces which exist at the Inland Center MalI on the Effective Date, may
be rearranged to accommodate the needs of any phase of the proposed Development of the
Inland Center Mall.
The Developer may reduce the total parking, by phase, in Phase I, Phase IT and
Phase ill, by 10%, provided that such parking is provided in the next succeeding phase and
provided further that at least 7,420 total parking spaces are provided at the completion of the
Development of the Inland Center MalI (a reduction of 10% will not decrease the parking to
below standard [1 parking space per 250 gross square feet of building] for Phase I and Phase
IT. A reduction in Phase ill will result in a temporary shortage of 47 spaces, but this shortage
will be made up by the parking which the Developer intends to provide in Phase ill and Phase
IV).
The parties acknowledge that Mitigation Measure No. 18 requires that the
Developer provide 100 parking spaces, as a park and ride facility, in connection with Phase I
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of the :Development of the Inland Center Mall. The parties agree that these 100 spaces will be
included in the total parking space count for Phase I and will not be considered an addition to
the total parking space count for Phase I.
7. Develooer Failure to Perform. If the Developer fails to comply in good faith
with the provisions 'of this Agreement, then the City will have the rights and remedies which
are provided in Section 19.40.070 of the Municipal Code. In order to monitor the
Developer's performance under this Agreement, beginning on the first anniversary of the
Effective Date and continuing on each anniversary thereafter, the City will review the
Developer's performance under this Agreement, as provided in Section 19.40.070 of the
Municipal Code. The parties acknowledge that the Developer has agreed to use reasonable
efforts to Develop the Inland Center Mall according to this Agreement; but that numerous
factors including, without limitation, financial feasibility, could prevent the proposed
Development from occurring. If after making reasonable. efforts to cause the proposed
Development of the Inland Center Mall according to this Agreement, the Developer and/or the
owners of the Existing Anchor Parcels or the New Anchor Parcels fail to do so, then the City's
ultimate remedy will be to terminate this Agreement, in which event the Developer and the
owners of the Existing Anchor Parcels and the New Anchor Parcels will lose the benefits of
this Agreement. In addition, if this Agreement is terminated, then the parties will take such
steps and execute and acknowledge such documents as may be necessary to evidence the
termination of this Agreement.
8. City Failure to Perform. If the City fails to perform any of its obligations as
provided in this Agreement and fails to cure its nonperformance within 10 days after notice of
nonperformance is given by the Developer or by the owner of any Existing Anchor Parcel or
New Anchor Parcel, then the City will be in default. In that event, the parties agree that any
remedy at law that the Developer or any owner of an Existing Anchor Parcel or New Anchor
Parcel, as the case may be, may have, would be inadequate and that the Developer or the
owner of an Existing Anchor Parcel or a New Anchor Parcel, as the case may be, will pursue
only the available equitable remedies including, without limitation, the remedies of temporary
and permanent injunction and specific performance and excluding specifically any
compensation in damages. In any such action, the Developer or the owner of an Existing
Anchor Parcel or New Anchor Parcel, as the case may be, will not be required to prove the
inadequacy of remedies at law, as a condition of pursuing its equitable remedies.
9. Permitted Delays. Without limiting the effect of paragraph 11., the Developer
and any owner of an Existing Anchor Parcel or New Anchor Parcel will be excused from
performing any obligation in this Agreement during any period of delay which is caused by
matters which are not within the Developer's reasonable control including, without limitation,
casualty; acts of God; civil commotion; war; insurrection; riots; strikes; walkouts; picketing or
other labor disputes; except that neither the Developer nor its contractors or subcontractors
will be required to settle any labor dispute on terms other than those which are satisfactory to
them in their sole discretion; market factors; unavoidable shortages of materials or supplies;
damages to work in progress by reason of fire, flood, earthquake or other casualty; litigation
which prohibits or delays any aspect of the proposed Development of the Inland Center Mall;
initiatives or referenda; moratoria; acts or the failure to act of the City or any other
government agency (except that acts or the failure to act of the City will not excuse
performance by the City); unanticipated restrictions which are imposed or mandated by
government or non-government agencies or enactment of conflicting City, County, State or
Federal laws, regulations or judicial decisions.
10. Develo,per Compliance and Relp.a... At such time as the Developer advises the
City that any phase of the proposed Development of the Inland Center Mall has been
completed, the Director will issue a certificate of completion ("Certificate of Completion")
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with respect to that phase of the Inland Center Mall and the Developer may, at its cost, record
that Certificate of Completion in the Official Records of San Bernardino County, California.
The purpose and effect of the Certificate of Completion will be to evidence that the Developer
and/or the owners of the Existing Anchor Parcels and the New Anchor Parcels have completed
the applicable phase of the proposed Development of the Inland Center Mall. Each Certificate
of Completion will be substantially in the form of Exhibit "K".
11. Supersedin2 State or Federal Law. If any state or federal law or regulation
which is enacted or adopted after the Effective Date or any other action of any governmental
entity which is not under the City's control, prevents or precludes complIance with any
provision of this Agreement, then that provision of this Agreement will be modified or
suspended only to the extent and for the Ume necessary to achieve compliance with that law,
regulation or other governmental action and the remaining provisions of this Agreement will
continue in full force and effect and the parties will negotiate in good faith for such
amendments to this Agreement as may be necessary to achieve its intent, notwithstanding the
existence of such state or federal law or regulation or other governmental action. On the
repeal of any such law, regulation or other governmental action or on the occurrence of any
other circumstance which removes the effect of the same on this Agreement, the provisions of
this Agreement will be automatically restored to their full original effect and any amendment
to this Agreement which the parties have entered into as a result of any such law, regulation or
other governmental action, will terminate.
12. Condemnation. The City will not exercise its right to acquire by condemnation,
fee ownership of any part of the Inland Center Mall the loss of which would affect the
Development or operation of the Inland Center Mall in accordance with this Agreement. In
addition, the City will not exercise its right to acquire by condemnation, any easement or other
right which would impact the Development or operation of the Inland Center Mall in
accordance with th!s Agreement.
13. Successors. Assirns and Beneficiaries. All of the provisions of this Agreement
will inure to the benefit of and be binding on the respective successors and assigns of the
parties. Without limiting the effect of any other provision in this Agreement, the parties
acknowledge that the provisions of this Agreement which are for the benefit of the owners of
the Existing Anchor Parcels will inure to the benefit of the owners of the Existing Anchor
Parcels and that the provisions of this Agreement which are for the benefit of the owners of the
New Anchor Parcels will inure to the benefit of the owners of the New Anchor Parcels, and
that the owners of the Existing Anchor Parcels and the Existing Anchor Parcels themselves and
the owners of the New Anchor Parcels and the New Anchor Parcels themselves are third party
beneficiaries of those provisions and will have the same rights with respect to their respective
parcels as if they were signatories to this Agreement.
14. Eauitable Servitudes. All of the provisions of this Agreement will be
enforceable as equitable servitudes and will constitute covenants running with the land to the
extent allowed by applicable law; provided, however that, after transfer by the Developer of
any New Anchor Parcel, each remaining legal parcel of Mall Parcel No. 3 will be burdened
only by the obligations in this Agreement which relate to that legal parcel and, under no
circumstances, will the Developer be liable for the obligations in this Agreement which relate
to the applicable New Anchor Parcel.
15. Ne2ation of A2encv. Joint Venture or Partnership. The parties acknowledge
that in entering into this Agreement, they are acting as independent entities and not as agents
of the other in any respect. The parties hereby renounce the existence of any form of joint
venture or partnership among or between them and agree that nothing in this Agreement will
be construed as making them joint venturers or partners.
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.16. Notices and Other Communications. All notices or other communications
which are required or permitted to be given to the parties will be in writing and will be given
either by personal service or by mailing the same by certified or registered mail, postage
prepaid, return receipt requested, or overnight mail delivery service, addressed as follows:
crn:
City of San Bernardino
300 North "D" Street
San Bernardino, CA 92418
Attn: City Administrator
DEVELOPER
Mano Management Company, Inc.
c/o General Growth of California, Inc.
15821 Ventura Boulevard
Suite 525
Encino, CA 91436
Attn: Orval F. Papon
If any such notice or other communication is given by personal delivery, then it
will be deemed given as of the date of delivery. If any such notice or other communication is
given by mail, then it will be deemed given as of the date of receipt or rejection. Addresses to
which notices or other communications may be delivered, may be changed from time to time
by a notice which is given as provided in this paragraph 16.
17. EsQlJDel Certificates. At the request of either party, the other party will, within
10 days, certify in writing that, to the best of its knowledge, (a) this Agreement is in full force
and effect and is a binding obligation of the certifying party, (b) this Agreement has not been
amended or modified, except as is expressly provided in that estoppel certificate and (c) no
default in the performance of the requesting party's obligations as provided in this Agreement
exists, except as is expressly provided in that estoppel certificate.
18. Awlicable Law. This Agreement will be construed and enforced as provided in
California law.
19. Venue. Any legal action with respect to this Agreement will be brought, at the
election of the Developer or any owner of an Existing Anchor Parcel or a New Anchor Parcel,
as the case may be, in either San Bernardino County Superior Court or in the United States
District Court for the Central District of California.
20. Attorneys' Fees. If legal action is taken to enforce or interpret any provision of
this Agreement, then the prevailing party in that action will be entitled to recover from the
losing party all attorneys' fees, court costs and necessary disbursements in connection with that
action.
21. Para2ranh H"'''in~s. The paragraph headings of this Agreement are for
convenience only and are not a part of and are not intended to govern, limit or aid in the
interpretation of any provision of this Agreement.
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. 22. Construction.
(a) In all cases, the language in this Agreement will be construed
simply, according to its fair meaning and not strictly for or against either party, it being agreed
that the parties or their agents have participated in the preparation of this Agreement. Without
limiting the effect"of the foregoing, the .parties acknowledge and agree that the City is
restricted in its authority to limit its police power by contract and that the limitations in this
Agreement are intended to reserve to the City all of its police powers which cannot be so
limited. This Agreement will be construed, contrary to its stated terms if necessary, to reserve
to the City all police power which cannot be restricted by contract including, without
limitation, the power to respond to compelling public necessity where a failure to do so would
place residents of the City in a condition dangerous to their health or safety or both. To that
end, notwithstanding any other provision in this Agreement, the City may condition or deny
any permit, approval, extension, or entitlement sought pursuant to this Agreement by
Developer or any of the owners of the Existing Anchor Parcels or the New Anchor Parcels, if
the City determines either that (i) a failure to do so would place residents of the City in a
condition dangerous to their health or safety, or both, or (ii) the condition or denial is required
in order to comply with state or federal law.
(b) The parties acknowledge that Exhibits" A", ""C", "D", "J-l" and "J-2"
are reductions of scale drawings which are on file with the City Clerk of the City and the
Department of Planning and Building Services of the City, and the parties agree that Exhibits
"A", "C", "D", "J-l" and "J-2" , in their reduced form, are attached to this Agreement for
convenience only, and that in construing this Agreement, the scale drawings which are on file
with the City Clerk and the Department of Planning and Building Services will supersede and
control.
23. Sm:Y~. Each and every covenant in this Agreement will survive the execution
and delivery of this Agreement for the benefit of the parties and the third party beneficiaries of
this Agreement.
24. Calendar Periods. All references in this Agreement to "years", "quarters",
"months" and "days" will be deemed to be to references to calendar years, quarters, months
and days.
25. Severability. Every provision of this Agreement is and will be construed to be a
separate and independent covenant. Without limiting the effect of paragraph 11., if any
provision of this Agreement or the application of the same is, to any extent, found to be
invalid or unenforceable for any reason whatsoever, then the remainder of this Agreement or
the application of that provision to circumstances other than those to which it is invalid or
unenforceable, will not be affected by the same and each provision of this Agreement will be
valid and will be enforced to the extent permitted by the law and the parties will negotiate in
good faith for such amendments to this Agreement as may be necessary to achieve its intent,
notwithstanding such invalidity or unenforceability.
26. Further Actions. Whenever and as often as it is requested to do so by the other
party, each party will execute, acknowledge and deliver or cause to be executed,
acknowledged or delivered, any and all such further documents as may be necessary, expedient
or proper in order to achieve the intent of this Agreement.
27. Covenant of Gooq Faith. In exercising their rights and in performing their
obligations as provided in this Agreement, the parties will cooperate with one another in good
faith, so the intent of this Agreement can be attained.
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28. Counteroarts. This Agreement may be executed in counterparts, each of which
will be deemed to be an original for all purposes and all such counterparts will constitute one
and the same agreement.
29. IncoTDOration of Recitals. The "Recitals" in this Agreement are material and
are incorporated by.reference as though fully set forth hereat.
30. IncOl;poration of Exhibits. The Exhibits to this Agreement are incorporated by
reference as though fully set forth hereat.
31. Amendment.
(a) No amendment or waiver of any term of this Agreement will be binding
on the City unless and until it has been approved by the City Council and has become
effective, or on the Developer unless and until it has been executed by the Developer.
(b) The parties acknowledge that the passage of time may demonstrate that
changes are necessary or appropriate with respect to the details of each party's performance as
provided in this Agreement. Because the parties wish to retain flexibility with respect to the
details of their performance, if and when the parties determine that changes are necessary or
appropriate, they will unless otherwise required by law, effectuate those changes or
adjustments through operating memoranda which are approved by the Director, the Planning
Commission or the City Council, depending on how material the applicable change is, and the
City's City Attorney will determine how material the applicable change is. After execution,
each such operating memorandum will be attached to this Agreement as an addendum and will
become part of this Agreement.
32. Municinal Code. Except where otherwise expressly provided, all references in
this Agreement to tile Municipal Code or any section of the Municipal Code, will be deemed
to be references to the Municipal Code, as it exists on the Effective Date.
33. Recordation. No later than 10 days after the Effective Date of this Agreement,
the Developer will, at its cost, record this Agreement in the Official Records of the San
Bernardino County Recorder.
SIGNATURES FOLLOW
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CITY
City of San Bernardino, a municipal
corporation
By:
Its:
ATTEST:
By:
City Clerk
APPROVED AS TO FORM AND
LEGAL CONTENT:
By: J:),~......Ulh2-t(av
~~~~;/~
DEVELOPER
Mano Management Company, Inc., a
Delaware corporation
By:
Its:
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STATE OF CALIFORNIA )
) ss.
COUNTY OF )
On _' 19_, before me, the undersigned, a Notary Public in and for
said State, personally appeared , personally known to
me or proved to me on the basis of satisfactory evidence to be the of
the City of San Bernardino, a municipal corporation, and acknowledged to me that such
municipal corporation executed the within instrument.
WITNESS my hand and official seal.
Notary Public
STATE OF CALIFORNIA )
) ss.
COUNTY OF )
On ,19 ,before me, the undersigned, a Notary Public in and for
said State, personally appeared - , personally known to
me or proved to me on the basis of satisfactory evidence to be the person whose name is
subscribed to the within instrument and acknowledged to me that he executed the same in his
authorized capacity, and that by his signature on the instrument the person, or the entity upon
behalf of which the person acted, executed the instrument.
WITNESS my hand and official seal.
Notary Public
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DEPICTION OF PARCELS
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DESCRIPTION OF PARCELS
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PARCEL NO.1
THAT PORTION OF BLOCKS 29 AND 54 OF RANCHO SAN BERNARDINO, IN THE
COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT
RECORDED IN -BOOK 7 OF MAPS, PAGE 2, RECORDS OF SAID COUNTY,
DESCRIBED AS FOLLOWS: ..
COMMENCING AT THE INTERSECTION OF THE SOUTHEAST LINE OF COLTON
A VENUE WITH THE WEST LINE OF "E" STREET AS IT NOW EXISTS, SAID POINT
BEING MONUMENTED WITH A 6" X 6" CONCRETE MONUMENT; THENCE SOUTH
39016' 43" WEST, ALONG SAID SOUTHEAST LINE 1046.85 FEET; THENCE SOUTH
39022' 40" EAST, 15.30 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 390
16' 43" WEST 779.77 FEET; THENCE SOUTH 390 15' 55" WEST, 553.03 FEET;
THENCE SOUTH 39015' 30" WEST, 115.71 FEET; THENCE SOUTH 500 44' OS" EAST,
561.31 FEET; THENCE NORTH 390 15' 55" EAST, 650.35 FEET; THENCE NORTH 890
27' 35" EAST, 461.03 FEET TO A POINT ON A CURVE CONCAVE TO THE WEST,
HAVING A RADIUS OF 2305.05 FEET, SAID POINT HAVING A RADIAL BEARING
OF SOUTH 810 33' 50" WEST; THENCE NORTHERLY ALONG SAID CURVE
THROUGH A CENTRAL ANGLE OF 220 18' 52", A DISTANCE OF 897.73 FEET;
THENCE NORTH 300 45' 02" WEST 73.17 FEET; THENCE NORTH 390 22' 40" WEST
84.70 FEET TO THE POINT OF BEGINNING.
TOGETHER WITH THAT PORTION OF OSBORN STREET 50 FEET WIDE AS
V ACA TED BY THE RESOLUTION OF THE BOARD OF SUPERVISORS OCTOBER 7,
1963, BY DOCUMENT RECORDED OCTOBER 10, 1963, IN BOOK 6005, PAGE 877,
OFFICIAL RECORDS.
PARCEL NO.2
THAT PORTION OF BLOCKS 29 AND 54 OF RANCHO SAN BERNARDINO, IN THE
COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT
RECORDED IN BOOK 7 OF MAPS, PAGE 2, RECORDS OF SAID COUNTY,
DESCRIBED AS FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE SOUTHEAST LINE OF COLTON
A VENUE WITH THE WEST LINE OF "E" STREET AS IT NOW EXISTS, SAID POINT
BEING MONUMENTED WITH A 6 X 6" CONCRETE MONUMENT; THENCE SOUTH
390 16' 43" WEST ALONG SAID SOUTHEAST LINE, 1046.85 FEET; THENCE SOUTH
39022' 40" EAST, 100.00 FEET; THENCE SOUTH 300 45' 02" EAST, 73.17 FEET TO
THE BEGINNING OF A TANGENT CURVE, CONCAVE TO THE WEST AND HAVING
A RADIUS OF 2305.05 FEET; THENCE SOUTHERLY ALONG SAID CURVE
THROUGH A CENTRAL ANGLE OF 220 18' 52",897.73 FEET TO THE TRUE POINT
OF BEGINNING; THENCE SOUTH 890 27' 35" WEST, 461.03 FEET; THENCE SOUTH
390 15' 55" WEST, 190.65 FEET; THENCE SOUTH 500 44' OS" EAST, 165.10 FEET;
THENCE SOUTH 00 32' 25" EAST, 735.91 FEET; THENCE NORTH 890 27' 35" EAST,
378.31 FEET; THENCE NORTH 150 43' 54" EAST, 26.61 FEET TO A TANGENT
CURVE, CONCAVE TO THE WEST AND HAVING A RADIUS OF 2305.05 FEET;
THENCE NORTHERLY ALONG SAID CURVE THROUGH AN ANGLE OF 24010' 04",
972.28 FEET TO THE TRUE POINT OF BEGINNING.
EmmIT "B"
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PARCEL NO.3
THAT PORTION OF LOTS 35, 36, 37 AND 38 IN BLOCK 54 TOGETHER WITH THAT
PORTION OF LOTS 5 AND 6 IN BLOCK 29 OF RANCHO SAN BERNARDINO, IN THE
CITY OF SAN BERNARDINO, IN THE COUNTY OF SAN BERNARDINO, STATE OF
CALIFORNIA, A'fj SHOWN ON A MAI:'RECORDED IN BOOK 7, PAGE 2 OF MAPS,
RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE CENTERLINES OF "E" STREET,
INLAND CENTER DRIVE AND MILL STREET AS SHOWN ON A MAP FILED IN
BOOK 39, PAGES 29 TO 32, INCLUSIVE OF RECORD OF SURVEYS, RECORDS OF
SAID COUNTY; THENCE ALONG SAID CENTERLINE OF INLAND CENTER DRIVE,
SOUTH 390 16' 32" WEST 1171.82 FEET; THENCE SOUTH 500 43' 28" EAST 50.00
FEET TO A POINT IN THE SOUTHEAST LINE OF INLAND CENTER DRIVE, AS
SHOWN ON A MAP FILED IN BOOK 21, PAGE 45 OF RECORD OF SURVEYS,
RECORDS OF SAID COUNTY, SAID POINT BEING THE NORTHWESTERLY
TERMINUS OF THAT CERTAIN COURSE DESCRIBED AS HAVING A BEARING AND
LENGTH OF NORTH 390 22' 40" WEST 100.00 FEET IN THE DEED TO SAN
BERNARDINO COUNTY FLOOD CONTROL DISTRlCI' RECORDED SEPTEMBER
13,1965, IN BOOK 6471, PAGE 333, OFFICIAL RECORDS, SAID POINT ALSO BEING
THE SOUTHWESTERLY TERMINUS OF THAT CERTAIN COURSE DESCRIBED AS
HAVING A BEARING AND LENGTH OF "SOUTH 39016' 43" WEST 1046.85 FEET" IN
THOSE DEEDS ALL RECORDED AUGUST 23, 1966, IN BOOK 6685, PAGE 491,
OFFICIAL RECORDS, IN BOOK 6685, PAGE 493 OF OFFICIAL RECORDS, AND IN
BOOK 6685, PAGE 495 OF OFFICIAL RECORDS, RECORDS OF SAID COUNTY;
THENCE ALONG SAID FIRST MENTIONED CERTAIN COURSE, SOUTH 390 22' 40"
EAST 100.00 FEET; THENCE SOUTH 300 45' 02" EAST 73.17 FEET TO THE
BEGINNING OF A TANGENT CURVE CONCAVE WESTERLY AND HAVING A
RADIUS OF 2305.05 FEET; THENCE SOUTHERLY ALONG SAID CURVE THROUGH
A CENTRAL ANGLE OF 460 28' 56" AN ARC DISTANCE OF 1870.01 FEET; THENCE
SOUTH 150 43' 54" WEST 26.61 FEET; THENCE SOUTH 890 27' 35" WEST 378.31
FEET; THENCE NORTH 0032' 25" WEST 735.91 FEET; THENCE NORTH 500 44' 05"
WEST 65.10 FEET; THENCE SOUTH 390 15' 55" WEST 459.70 FEET TO THE TRUE
POINT OF BEGINNING; THENCE NORTH 390 15' 55" EAST 459.70 FEET; THENCE
SOUTH 500 44' OS" EAST 165.10 FEET; THENCE SOUTH 00 32' 25" EAST 735.91
FEET; THENCE NORTH 890 27' 35" EAST 378.31 FEET; THENCE SOUTH 15043' 54"
WEST 210.92 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE
NORTHWESTERLY AND HAVING A RADIUS OF 1311.10 FEET; THENCE
SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 19052'
49" AN ARC DISTANCE OF 454.92 FEET TO A POINT, A RADIAL LINE OF SAID
CURVE TO SAID POINT BEARS SOUTH 540 23' 17" EAST; THENCE NORTH 400 20'
45" WEST 413.82 FEET; THENCE NORTH 490 39' IS" EAST 11.50 FEET; THENCE
NORTH 400 20' 45" WEST 295.00 FEET; THENCE SOUTH 490 39' 15" WEST 155.87
FEET; THENCE NORTH 40020' 45" WEST 537.36 FEET TO THE EASTERLY LINE OF
THE LAND DESCRIBED IN THE DEED TO THE STATE OF CALIFORNIA RECORDED
MARCH 5, 1956, IN BOOK 3875, PAGE 50, OFFICIAL RECORDS, RECORDS OF SAID
COUNTY; THENCE ALONG SAID EASTERLY LINE TO AND ALONG THE
EASTERLY LINE OF THE LAND DESCRIBED IN THE DEED TO THE STATE OF
CALIFORNIA, RECORDED NOVEMBER 27, 1956, IN BOOK 4095, PAGE 197,
OFFICIAL RECORDS, RECORDS OF SAID COUNTY, AS FOLLOWS:
NORTHERLY ALONG A CURVE CONCAVE WESTERLY HAVING A RADIUS OF
350.00 FEET FROM WHICH A TANGENT LINE BEARS NORTH 130 03' 36" EAST
THROUGH A CENTRAL ANGLE OF 210 11' 45" AN ARC DISTANCE OF 129.48 FEET
EXHIBIT "D"
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TO A POINT, A RADIAL LINE OF SAID CURVE TO SAID POINT BEARS NORTH 810
51' 51" EAST; NORTH 340 34' 23" WEST 178.22 FEET TO THE BEGINNING OF A
TANGENT CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF
350.00 FEET; NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL
ANGLE OF 150 51' 04" AN ARC DISTANCE OF 96.83 FEET TO THE BEGINNING OF
A REVERSE CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF 75.00 FEET;
THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 820
11' 12" AN ARC DISTANCE OF 107.58 FEET; AND NORTH 310 45' 45" EAST 185.95
FEET TO THE ORIGINAL SOUTHEAST LINE OF SAID INLAND CENTER DRIVE;
THENCE ALONG SAID INLAND CENTER DRIVE NORTH 390 16' 16" EAST 113.08
FEET AND NORTH 390 16' 32" EAST 1336.43 FEET TO THE NORTHWESTERLY
TERMINUS OF SAID CERTAIN COURSE HEREINBEFORE DESCRIBED AS HAVING A
BEARING AND LENGTH OF "NORTH 390 22' 40 WEST 100.00 FEET"; THENCE
ALONG SAID CERTAIN COURSE SOUTH 390 22' 40" EAST 15.30 FEET TO THE
SOUTHEAST OF INLAND CENTER DRIVE AS DESCRIBED IN THE GRANT OF
EASEMENT TO THE COUNTY OF SAN BERNARDINO, RECORDED APRIL 1, 1966 IN
BOOK 6600, PAGE 620, OF OFFICIAL RECORDS, RECORDS OF SAID COUNTY;
THENCE ALONG SAID INLAND CENTER DRIVE SOUTH 390 16' 32" WEST 1333.42
FEET AND SOUTH 390 16' 16" WEST 115.09 FEET TO A LINE WHICH BEARS SOUTH
500 44' OS" EAST AND WHICH PASSES THROUGH THE TRUE POINT OF
BEGINNING; THENCE SOUTH 500 44' 05" EAST 561.39 FEET TO THE TRUE POINT
OF BEGINNING.
PARCEL NO.4
THAT PORTION OF LOTS 29 AND 54 OF RANCHO SAN BERNARDINO, IN THE CITY
OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA,
AS PER PLAT RECORDED IN BOOK 7 OF MAPS, PAGE 2, RECORDS OF SAID
COUNTY, DESCRIBED AS FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE SOUTHEAST LINE OF COLTON
A VENUE WITH THE WEST LINE OF "E" STREET AS IT NOW EXISTS, SAID POINT
BEING MONUMENTED WITH A 6" X 6" CONCRETE MONUMENT; THENCE SOUTH
39016' 03" WEST ALONG SAID SOUTHEAST LINE, 1046.85 FEET; THENCE SOUTH
39022' 40" EAST, 100.00 FEET; THENCE SOUTH 300 45' 02" EAST, 73.17 FEET TO
THE BEGINNING OF A TANGENT CURVE, CONCAVE TO THE WEST AND HAVING
A RADIUS OF 23OS.05 FEET; THENCE SOUTHERLY ALONG SAID CURVE, FROM A
TANGENT BEARING SOUTH 300 45' 02" EAST, THROUGH A CENTRAL ANGLE OF
460 28' 56", A DISTANCE OF 1870.01 FEET; THENCE SOUTH 150 43' 54" WEST
237.53 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE TO THE
NORTHWEST AND HAVING A RADIUS OF 1311.10 FEET; THENCE
SOUTHWESTERLY ALONG SAID CURVE, FROM A TANGENT BEARING SOUTH 130
43' 54" WEST, THROUGH A CENTRAL ANGLE OF 19052' 49", A DISTANCE OF
454.92 FEET TO A POINT ON SAID CURVE; SAID POINT BEING THE TRUE POINT
OF BEGINNING; THENCE NORTH 400 20' 45" WEST 413.82 FEET; THENCE NORTH
490 39' IS" EAST 11.50 FEET; THENCE NORTH 400 20' 45" WEST 295.00 FEET;
THENCE SOUTH 490 39' IS" WEST 155.87 FEET; THENCE NORTH 400 20' 45" WEST
537.03 FEET TO A POINT ON A CURVE CONCAVE TO THE WEST, HAVING A
RADIUS OF 350.00 FEET, SAID POINT HAVING A RADIAL BEARING OF NORTH 760
47' 58" WEST; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A
CENTRAL ANGLE OF 14032' 08", A DISTANCE OF 88.79 FEET; THENCE SOUTH 270
44' 10" WEST 154.05 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE
TO THE EAST, HAVING A RADIUS OF 180.00 FEET; THENCE SOUTHERLY ALONG
SAID CURVE TO A CENTRAL ANGLE OF 500 52' 52", A DISTANCE OF 159.85 FEET;
EXHIBIT "B"
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THENCE SOUTH 230 08' 42" EAST, 251.62 FEET; THENCE SOUTH 290 08' 47" EAST
770.00 FEET; THENCE NORTH 600 55' 21" EAST 60.00 FEET; THENCE SOUTH 610
56' 03" EAST 30.23 FEET; THENCE NORTH 600 55' 21" EAST 50.00 FEET TO THE
BEGINNING OF A TANGENT CURVE, CONCAVE TO THE NORTHWEST AND
HAVING A RADIUS OF 1311.10 FEET; THENCE NORTHEASTERLY ALONG SAID
CURVE, FROM A TANGENT BEARING NORTH 600 55' 21" EAST, THROUGH A
CENTRAL ANGLE OF 250 18' 38", A DISTANCE OF 579.18 FEET TO THE POINT OF
BEGINNING.
EXCEPT THEREFROM A PORTION OF THOSE PARTS OF BLOCKS 29 AND 54,
RANCHO SAN BERNARDINO, AS PER PLAT RECORDED IN BOOK 7 OF MAPS,
PAGE 2, RECORDS OF SAID COUNTY, SAID PARTS DESCRIBED IN DOCUMENT
RECORDED IN BOOK 6685, PAGE 491, OFFICIAL RECORDS OF SAID COUNTY,
SAID PORTION BEING ALL OF SAID PARTS LYING WITHIN THE FOLLOWING
DESCRIBED PARCEL OF LAND: .
BEGINNING AT A 6" X 6" CONCRETE MONUMENT MARKING THE MOST
NORTHERLY POINT OF THAT CERTAIN COURSE DESCRIBED AS SOUTH 28035'
OS" EAST, 156.31 FEET, IN DOCUMENT TO THE STATE OF CALIFORNIA
RECORDED IN BOOK 3855, PAGE 385, OFFICIAL RECORDS OF SAID COUNTY;
THENCE ALONG THE NORTHEASTERLY LINE OF SAID STATE OF CALIFORNIA
PARCEL OF LAND, NORTH 390 55' 34" WEST (RECORDED NORTH 390 55' 34"
WEST) 42.01 FEET; THENCE NORTH 600 50' 25" EAST, 74.70 FEET; THENCE AT
RIGHT ANGLES, SOUTH 290 09' 35" EAST, 100.00 FEET; THENCE SOUTH 690 50'
25" WEST, 67.45 FEET TO THE NORTHEASTERLY LINE OF SAID STATE OF
CALIFORNIA PARCEL OF LAND; THENCE ALONG SAID NORTHEASTERLY LINE,
NORTH 280 35' 05" WEST, 58.73 FEET TO THE POINT OF BEGINNING, AS
CONVEYED TO THE SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT BY
DEED RECORDEl> JULY 17, 1972, IN BOOK 7978, PAGE 105, OFFICIAL RECORDS.
EXHIBIT "B"
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SITE PLAN
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PHASING PLAN
EXHIBIT "D"
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PERMITTED USES
EXHIBIT "E"
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PERMITTED USES
Except where otherwise expressly provided below, the following uses will be permitted
at the Inland Center Mall through Development Permit review but without a conditional use
permit.
General merchandise stores
Apparel and accessory stores
Home furnishings, furniture and equipment stores
Eating places
Sale of alcoholic beverages on-site (except that liquor stores and
convenience stores will require conditional use permits)
Sale of alcoholic beverages off-site, where the off-site sale is ancillary to
the main or primary use (notwithstanding the foregoing, liquor stores
and convenience stores will require conditional use permits)
Miscellaneous retail
Banks and lenders
Brokers
Dry cleaners
Watch, jewelry and clock repair
Movie theaters
Video rental
Amusement/recreation
Day care facilities
Art galleries
Automobile dealer showrooms
Travel agencies
Such other uses which are occurring in any regional mall
in southern California
EXHmrr "E"
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FILING REQUIREMENTS
EmmIT "F"
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FILING REQUIREMENTS
1. Traffic Study, dated October 21, 1991 - prepared by Don Frischer and
Associates. Final report submitted to the City on October 21, 1991.
2. Geotechnical Study, dated September 6, 1991 (Liquefaction Report) - Prepared
by Law/Crandall. Submitted to the City on November 6, 1991.
3. PreliminAry Title Report, dated October 9, 1991 - Issued by First American
Title Insurance Company under its Order No. 10720. Submitted to the City on
November 6, 1991.
4. Reciprocal Easement Agreement, dated October 8, 1965, and recorded in the
Official Records of San Bernardino County, California, on August 23, 1966, in
Book 6685 at Page 414, as amended - Addresses internal access and circulation,
development, expansion and common area maintenance of Inland Center Mall.
Submitted to the City on November 6, 1991.
5. Preliminary Environmental Description Fonn, dated October 22, 1991 -
Prepared to address overall conceptual development plan for expansion of
Inland Center Mall as provided in this Agreement. Submitted to the City on
November 6, 1991.
6. Environmental Fmdings and Mitigation Measures
(a) Initial Study, dated March 23, 1992.
(b)
Environmental Determination, dated
,19_.
7. Owner Authorization, dated October 24, 1991 - Compiled and submitted by
the Developer as owner of Mall Parcel No.3.
THE ABOVE DESCRIBED DOCUMENTS ARE IN THE INLAND CENTER
MALL CASE FILE, AT THE DEPARTMENT OF PLANNING AND
BUILDING SERVICES OF mE CITY.
EXHmIT "F"
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MITIGATION MONITORING/REPORTING PROGRAM FOR
CITY OF SAN BERNARDINO
INLAND CENTER MALL EXPANSION
DEVELOPMENT AGREEMENT
NEGATIVE DECLARATION
AUGUST 1992
INTRODUCI'lON
This mitigation monitoring and reporting program (MMRP) has been prepared for use in
monitoring and reporting mitigation measures adopted as part of the City of San
Bernardino's Inland Center Mall Expansion Development Agreement Negative Declaration.
This MMRP has been prepared in compliance with State law to ensure the mitigation
measures adopted for the project are implemented by the City of San Bernardino.
Assembly Bill 3180 (Public Resources Code, Section 21031.6), effective January 1, 1989,
requires adoption of a reporting or monitoring program for those measures or conditions
imposed on a project to mitigate or avoid adverse effects on the environment. The law
states that the monitoring or reporting program shall be designed to ensure compliance
during project implementation. The monitoring program contains the following elements:
1) The mitigation measures are recorded with the action(s) that must be taken to
implement them and the method that will be used to document or verify fulfillment
of the measure or condition. In some instances, one action may be used to verify
implementation of several measures, such as landscape plan review.
2) A procedure for determining and recording compliance has been outlined for each
action that must be implemented by the project to mitigate impacts to their lowest
level. This procedure identifies what action(s) will be taken and when, designates
who will be responsible for implementing the action, and to whom and when
compliance will be reported.
3) The program contains a separate Mitigation Monitoring and Compliance Record for
each action called a Mitigation Measure Checksheet (MMe). On each of these
checksheets, the pertinent actions and dates will be logged, and copies of permits,
correspondence or other relevant data will be attached. Copies of the records will
be retained by the City's Planning Department.
4) The program is designed to be flexible. As monitoring progresses, changes to
monitoring and reporting of mitigation measures may be necessary based upon
recommendations by the City staff implementing the monitoring program. As
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Mitigation Measures Identified
In The
Negative Declaration
PROJECT: City of San Bernardino: Inland Center Mall Expansion Development
Agreement
PROJECT LOCATION: City of San Bernardino
PROJECT APPUCANT: General Growth Development, Inc.
MITIGATION MEASURE #1:
All excavated material shall be transported in trucks with the surface wetted by water and
the material a minimum of two feet below the trailer or with a cover to minimize fugitive
dust.
IMPT FMENTATION AND VERIFICATION ACTIONS
During excavation activities the City building inspectors shall conduct one random inspection
per week to verify the transport of excavated material is being conducted in accordance with
the requirements outlined above. The inspector shall place a note in the project file
documenting compliance.
COMPUANCE RECORD
WHEN REQUIRED:
The inspection note shall be placed in the project file within
one week of the inspection.
NOTE PREPARED BY:
DATE COMPLETED:
FURTIIER ACTION REQUIRED:
FOLLOW-UP REQUIRED:
DATE FOLLOW-UP COMPLETED:
For each action the responsible individual shall supply the following information: personal
signature, date, and title.
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MITIGATION MEASURE #3
The excavated material shall be tested to ensure it is not contaminated and shall be
transported to a fill location or a disposal site that can legally accept the material.
IMPT PMENTATION AND VERIFICATION
Test results from areas being excavated shall be provided to the City. At least one chemical
contamination test shall be conducted for each individual excavation area. Test results shall
be provided prior to covering an excavated area and if any contamination exists, the
developer shall provide the City with a copy of the disposal location of any contaminated
fill.
COMPUANCE RECORD
WHEN REQUIRED:
All test results and any disposal documentation shall be
provided to the City Planning Department within one week of
receiving test results or receipt of disposal slips.
TEST RESULTS/DISPOSAL SUPS SUBMlllbD BY:
DATE SUBMlllbD:
DATE ACCEPTED:
FURTIffiR ACTION REQUIRED:
FOllOW-UP REQUIRED:
DATE FOllOW-UP COMPLETED:
For each action the responsible individual shall supply the following information: personal
signature, date, and title.
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MlTIGA.TION MEASURE #5
Permanently exposed soils not covered by impervious surfaces shall be stabilized through
the installation of landscaping and irrigation systems. A landscape plait identifying plant
materials, density, and size shall be reviewed and approved by the City. After the
landscaping is established it shall be maintained in a manner that does not cause result in
significant local fugitive dust or sediment generation to surface runoff.
IMPT FMENTATION AND VERffiCATION
Landscape plans for disturbed areas shall be submitted for review and approval to the City.
A copy of the approved plans shall be retained in the project file. The City shall verify that
landscaping is being maintained by inspecting landscaped areas one time per year and
placing a note in the file verifying the landscaping is being maintained.
COMPUANCE RECORD
WHEN REQUIRED:
The landscape plan shall be completed prior to breaking ground
for any specific project constructed at the Mall in the future.
A copy of the plan shall be placed in the project file within two
weeks after the approved plan is submitted to the City. The
inspection note shall be placed in the project file within two
weeks of the inspection.
LANDSCAPE PLAN SUBMlll r;D BY:
PLAN APPROVED BY:
DATE COMPLETED:
NOTES PREPARED BY:
DATE COMPLETED:
FURTHER ACTION REQUIRED:
FOlLOW-UP REQUIRED:
DATE FOlLOW-UP COMPLETED:
For each action the responsible individual shall supply the following information: personal
signature, date, and title.
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MITIGATION MEASURE #7
A temporary vehicle wash station shall be established at the project site for trucks leaving
construction areas. All vehicles with tires shall be wash prior to leaving the site.
IMPT,FMENTATION AND VERIFICATION
The City shall conduct one random inspection during construction of future facilities to
verify that the wash station is in place, functional, and being used by trucks leaving the site.
A note verifying implementation of this measure shall be placed in the project file.
COMPUANCE RECORD
WHEN REQUIRED:
The inspections shall be conducted at least one time during
each construction effort. The note to file shall be placed in the
project file within two weeks of the inspection.
NOTES PREPARED BY:
DATE COMPLETED:
FURlHER ACflON REQUIRED:
FOLLOW-UP REQUIRED:
DATE FOLLO\\--UP COMPLETED:
For each action the responsible individual shall supply the following information: personal
signature, date, and title.
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MITIGATION MEASURE #9
Unauthorized traffic shall be controlled at the project site by posting signs that indicate
access is restricted to reduce fugitive dust emissions.
IMPlEMENTATION AND VERIFICATION
The City shall conduct one random inspection during construction of future facilities to
verify that the access control signs have been installed. A note verifying implementation of
this measure shall be placed in the project file.
COMPUANCE RECORD
WHEN REQUIRED:
The inspections shall be conducted at least one time during
each construction effort to verify the posted signs. The note to
f1le shall be placed in the project file within two weeks of the
inspection.
NOTES SUBM111bD BY:
DATE COMPLETED:
FURTHER ACTION REQUIRED:
FOLLOW-UP REQUIRED:
DATE FOLLOW-UP COMPLETED:
For each action the responsible individual shall supply the following information: personal
signature, date, and title.
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MITIGATION MEASURE #11
Earthmoving and soil disturbing activities shall be terminated when wind speeds exceed 20
mph averaged over one hour at the project site or at Norton Air Force Base.
IMPT FMENTATION AND VERIFICATION
The City shall conduct one random inspection during windy conditions to verify that
construction activities are being terminated. A note verifying implementation of this
measure shall be placed in the project file.
COMPLIANCE RECORD
WHEN REQUIRED:
The inspections shall be conducted at least one time during
each construction effort (when windy conditions exist) to verify
the water is being implemented. The note to file shall be
placed in the project file within two weeks of the inspection.
NOlES SUBMITfED BY:
DAlE COMPLElED:
FURTIiER ACTION REQUIRED:
FOLLOW-UP R3QUlRED:
DAlE FOLLOW-UP COMPLElED:
For each action the responsible individual shall supply the following information: personal
signature, date, and title.
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MITIGATION MEASURE #13
Remove any loose, eroded material from paved or graded areas following storm events that
cause erosion on the project site.
IMPT FMENTATION AND VERIFICATION
Following a rain storm, the City shall inspect the project to determine that all disturbed
areas have been swept and sediment deposits removed. A note shall be placed in the
project file to verify stabilization.
COMPUANCE RECORD
WHEN REQUIRED:
The inspection shall be conducted within two days of the rain
storm. The note shall be placed in the project file within two
days of the inspection.
NOlES PREPARED BY:
DAlE COMPLElED:
FURTIiER AcnON REQUIRED:
FOllOW-UP RFQUlRED:
DAlE FOllOW-UP COMPLElED:
For each action the responsible individual shall supply the following information: personal
signature, date, and title.
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MITIGATION MEASURE #15
Construction equipment shall be maintained in good condition and properly tuned as per
manufacturers specifications and low sulfur diesel fuel shall be used for construction
equipment onsite.
IMPLEMENTATION AND VERIFICATION
The developer shall place a condition in the construction contract that requires proper
tuning and use of low sulfur diesel fuel. A copy of this clause in the construction contract
shall be provided to the City for retention in the project file.
COMPLIANCE RECORD
WHEN REQUIRED:
The contract condition shall be submitted to the City prior to
ground disturbance and placed in the project file when received.
DOCUMENTATION SUBMI1TED BY:
DATE SUBMlTfED:
FURTHER AcnON REQUIRED:
FOLLOW-UP REQUIRED:
DATE FOLLOW-UP COMPLETED:
For each action the responsible individual shall supply the following information: personal
signature, date, and title.
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MITIGATION MEASURE #17
The ICM management will establish a ride-share coordination office and will include active
participation by all lessees within the mall through contracts with individual lessees. For
those businesses that are under existing leases at ICM, the management will include this
participation clause when the contract is next renewed. The ride share coordination office
shall maintain information on individuals that are willing to participate in a ride-share
program and that will match ride share participants with available rides.
IMPT PMENTATION AND VERIFICATION
The developer shall submit a copy of the contract clause from the ride-share office and the
name of the ride share coordinator to the City. A copy of the contracts and the name of
the ride share coordinator shall be retained in the project file.
COMPLIANCE RECORD
WHEN REQUIRED:
The contract clause and name of the coordinator shall be
provided to the City prior to occupancy of new space at the
Mall.
DOCUMENTATION SUBMITTED BY:
DATE SUBM1l1J::D:
FURTHER ACTION REQUIRED:
FOLLOW-UP REQUIRED:
DATE FOLLOW-UP COMPLETED:
For each action the responsible individual shall supply the following information: personal
signature, date, and title.
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MITIGATION MEASURE #19
The developer shall coordinate the installation of electric vehicle outlets to serve future
electric vehicles that are anticipated to be used within the South Coast Air Basin. The
number of outlets will be installed incrementally based on agreements with the City,
SCAQMD and SCE.
IMPT FMENTATION AND VERIFICATION
A copy of the agreement shall be placed in the project me. The City shall inspect the
completed outlets following each installation. A note shall be placed in the file verifying
the installation.
COMPUANCE RECORD
WHEN REQUIRED:
The agreement shall be completed prior to construction of the
first addition to the Mall. Inspection shall be completed within
one week of completing construction and the note shall be
placed in the project file within two weeks of the inspection.
AGREEMENT PREPARED BY:
DATE COMPLETED:
NOTES PREPAP.ED BY:
DATE COMPLETED:
FURTHER ACTION REQUIRED:
FOlLOW-UP REQUIRED:
DATE FOllOW-UP COMPLETED:
For each action the responsible individual shall supply the following information: personal
signature, date, and title.
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MmGATION MEASURE #21
The developer shall allocate management personnel time to participate in Regulation XV
coordination for implementing these mitigation measures and assisting individual mall
businesses in meeting Regulation XV requirements and other similar requirements that may
be adopted by SCAQMD in the future.
IMPT PMENTATION AND VERIFICATION
The developer shall submit documentation of attendance at Regulation XV training session
and consultations with Mall businesses that fall within Regulation XV requirements.
COMPLIANCE RECORD
WHEN REQUIRED:
The documentation shall be submitted within two weeks of
attending training sessions or within two weeks of consulting
with new Mall businesses.
DOCUMENTATION SUBMlTfED BY:
DAlE SUBMll IbD:
FURTIIER ACTION REQUIRED:
FOLLOW-UP REQUIRED:
DAlE FOLLOW-UP COMPLETED:
For each action the responsible individual shall supply the following information: personal
signature, date, and title. .
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MmGA TION MEASURE #23
Construction related activities which utilize odorous, toxic, or hazardous materials which can
be released into the air and can expose the public to health or nuisance odors shall be
controlled to less than hazardous levels for the chemicals being utilized. This can be
accomplished by preparing a Materials Handling and Procedures Plan which shall identify
hazardous odor sources, materials and quantities present on site, potential health effects,
proposed special handling and isolation containment devices or mechanisms to prevent
significant human exposure to airborne chemicals or odors. The plan shall be reviewed and
approved by the City prior to use of such chemicals at locations where humans may be
exposed.
IMPT P.MENTATION AND VERIFICATION
A copy of the plan approved shall be placed in the project file. The City shall inspect the
facility during construction to verify that the emission controls have been implemented in
accordance with the Plan. Copies of inspection notes shall be placed in the project file.
COMPLIANCE RECORD
WHEN REQUIRED:
The plan shall be completed and approved prior to
initiating construction. The notes shall be placed in the
project file within two weeks of the inspection.
PLAN PREPARED BY:
DATE COMPLETED:
NOTES PREPARED BY:
DATE PLACED IN FILE:
FURTHER ACTION REQUIRED:
FOLLOW-UP REQUIRED:
DATE FOLLOW-UP COMPLETED:
For each action the responsible individual shall supply the following information: personal
signature, date, and title.
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MITIGATION MEASURE #25
The existing trees on site impacted by the project should be examined by a knowledgeable
landscape professional to determine their ability to be transplanted. Those trees that are
deemed good candidates for successful transplantation shall be relocated on the project site.
IMPT EMENT A TION AND VERIFICATION
The developer shall submit a landscape plan that identifies the those trees that will be
transplanted. A copy of the plan shall be retained in the project file. The City shall inspect
the completed landscaping to verify transplanting of the specified trees and a copy of the
inspection notes shall be placed in the project file.
COMPUANCERECORD
WHEN REQUIRED:
The plan shall be submitted to the City prior to
disturbing the ground. The note verifying the
transplanted trees shall be placed in the project file
within two weeks of the inspection.
PLAN SUBMlIIJ:::D BY:
DATE SUBMITTED:
NOTES PREPARED BY:
DATE PLACED IN FILE:
FURTIIER ACTION REQUIRED:
FOLLOW-UP REQUIRED:
DATE FOLLOW-UP COMPLETED:
For each action the responsible individual shall supply the following information: personal
signature, date, and title.
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MITIGATION MEASURE #27
Facilities that store or use hazardous/toxic materials or generate hazardous wastes shall
provide the City with a Business Plan, in conformance with the Tanner Bill, which outlines
the materials, storage containers, volumes, and locations and an emergency response
program in case of accidental release of material.
IMPT FMENTATION AND VERIFICATION
The developer shall include a clause in space rental contracts requiring preparation and
submittal of a Business Plan of all businesses that store or use hazardous/toxic materials.
A copy of the contract clause shall be placed in the project file.
COMPLIANCE RECORD
WHEN REQUIRED:
The clause shall be provided to the City prior to any
new space being occupied in the Mall.
CONTRACT CLAUSE SUBM1l1ED BY:
DATE PLACED IN FILE:
FURTHER ACI10N REQUIRED:
FOLLOW-UP REQUIRED:
DATE FOlLOW-UP COMPLETED:
For each action the responsible individual shall supply the following information: personal
signature, date, and title.
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MITIGATION MEASURE #29
Prior to any demolition activities a HazardousjToxic Materials Site Survey shall be
conducted to evaluate the potential for presence of hazardous or toxics materials at the
demolition site. If hazardous materials are present, the Survey shall identify measures
required to ensure humans are not exposed to such materials at thresholds that exceed a
hazard to humans. This shall include compliance with all asbestos removal regulations.
These measures shall be implemented.
IMPT .FMENTATION AND VERIFICATION
A copy of a site survey shall be submitted to the City for retention. If measures must be
implemented, the City shall inspect the project when the hazardous materials are being
removed and verify the measures are being implemented. An inspection note shall be
placed in the project file for verification.
COMPliANCE RECORD
WHEN REQUIRED:
A copy the survey shall be placed in the project file
prior to construction. The inspection notes shall be
placed in the project file within two weeks after the
inspection.
SITE SURVEY PREPARED BY:
DATE COMPLETED:
NOTES PREPARED BY:
DATE PLACED IN FILE:
FURTHER ACTION REQUIRED:
FOLLOW-UP REQUIRED:
DATE FOLLOW-UP COMPLETED:
For each action the responsible individual shall supply the following information: personal
signature, date, and title.
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MITIGATION MEASURE #31
The developer shall provide a minimum of one covered drop-off facility when future
development phases are implemented to ensure that public transit riders have a protected
location adjacent to the Mall for access to buses or other public transit vehicle.
IMPT PMENTATION AND VERIFICATION
Plot plans submitted to the City for review shall identify the location of drop-off facilities.
The City shall inspect the facilities after construction is completed and place a note in the
file verifying completion.
COMPliANCE RECORD
WHEN REQUIRED:
A copy of the plot plan shall be submitted prior to
construction. The note shall be placed in the project file
within two weeks of the inspection.
PLOT PLAN PREPARED BY:
DATE COMPLETED:
NOTES PREPARED BY:
DATE PLACED IN FILE:
FURTHER ACTION REQUIRED:
FOlLOW-UP REQUIRED:
DATE FOlLOW-UP COMPLETED:
For each action the responsible individual shall supply the following information: personal
signature, date, and title.
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MfTIGATION MEASURE #33
During construction the developer shall require all contractors to maintain traffic flow on
the project site and on adjacent roads or detours with a minimum traffic hazard. This shall
be accomplished by using personnel to control traffic, traffic signs, flashers, and other items
to warn vehicles, bicyclists and pedestrians of hazards and solutions. Appropriate signs and
other traffic hazard equipment shall be included with these measures to reduce potential for
accidents.
IMPT FMENTATION AND VERIFICATION
The City shall inspect construction areas to verify safety measures are in place. A note shall
be placed in the project file verifying their implementation.
COMPLIANCE RECORD
WHEN REQUIRED:
The notes shall be placed in the project file within two
weeks of the inspection.
NOlES PREPARED BY:
DAlE COMPLElED:
FURTIIER AcnON REQUIRED:
FOLLOW-UP REQUIRED:
DAlE FOLLOW-UP COMPLElED:
For each action the responsible individual shall supply the following information: personal
signature, date, and title.
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MITIGATION MEASURE #35
Upgrade and modify the following traffic signals:
. E Street/Central Avenue
. E Street/Benedict Street
. Inland Center Drive/Adell Street
. Inland Center Drive/G Street
The following features shall be incorporated into the design of the above
signals:
.
Interconnection/coordination along "E" Street from Orange Show
Road to Mill Street, and also on Inland Center Drive from 1-215 to
Mill Street
Replacement of non-standard poles and mast arms with standard poles,
mast-arms and signals
Removal of existing median poles/islands from all signalized
intersections modified by the project
Add detection loops on all phases of all signals
.
.
.
IMPT FMENTATION AND VERIFICATION
The City shall verify these traffic facilities are installed by inspecting the site and placing a
note verifying wtallation in the project file.
COMPLIANCE RECORD
WHEN REQUIRED:
The note shall be placed in the project file within two
weeks of the inspection.
NOTES PREPARED BY:
DAlE COMPLElED:
FURlHER ACTION REQUIRED:
FOLLOW-UP REQUIRED:
DAlE FOLLOW-UP COMPLElED:
For each action the responsible individual shall supply the following information: personal
signature, date, and title.
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MITIGATION MEASURE #37
The project shall contribute, at each phase, an amount equal to 10% of the cost to
mitigate/improve the intersection of Orange Show Road and "En, as identified in the traffic
study. This equates to a fair-share cash contribution of $30,000, each phase
The project is estimated to generate an additional 9,400 ADT on opening of Phase I; this
translates to approximately $125,000 (1991 dollars) in Traffic Systems fees. The traffic
system fees may be credited from the off site mitigations.
Proposed structures shall be kept away from anticipated widening of 1-215 (at worse-case
scenario)
IMPT FMENT A TION AND VERIFICATION
Payment of the fees shall be verified by placing a copy of the receipt in the project file. The
City Planning Department shall monitor and verify that no structures are placed in the area
considered for 1-215 widening.
COMPLIANCE RECORD
WHEN REQUIRED:
The receipt shall be placed in the project file within two
weeks of payment. Staff review of structures shall be
ongoing until a decisions is made regarding widening 1-
215.
RECEIPT SUBMIllED BY:
DAlE COMPLElED:
STAFF REVIEW OF FACILITY SITING:
DAlE WIDENING IS EUMlNAlED OR COMPLElED:
FURlHER ACTION REQUIRED:
FOlLOW-UP REQUIRED:
DAlE FOlLOW-UP COMPLElED:
For each action the responsible individual shall supply the following information: personal
signature, date, and title.
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MITIGATION MEASURE #39
Contribute the second $30,000 towards the mitigations identified measure #37 (Orange
Show Road and E Street.
IMPT .F.MENT A TION AND VERIFICATION
Payment of the fees shall be verified by placing a copy of the receipt in the project file.
COMPliANCE RECORD
WHEN REQUIRED:
The receipt shall be placed in the project file within two
weeks of payment of the fee.
RECEIPT SUBM1l1t::D BY:
DATE COMPLETED:
FURlHER ACTION REQUIRED:
FOLLOW-UP REQUIRED:
DATE FOLLOW-UP COMPLETED:
For each action 'he responsible individual shall supply the following information: personal
signature, date, and title.
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MITIGATION MEASURE #41
Require that the project construction meet the standards referenced above related to type
of construction, materials and installation of sprinklers during the review of planning,
building, and construction drawings.
IMPT "MENTATION AND VERIFICATION
The City shall inspect construction plans and verify that fire protection requirements are
being met. A copy of approved plans shall be placed in the project file.
COMPUANCE RECORD
WHEN REQUIRED:
The construction plans shall be submitted and approved
prior to initiating construction.
PLANS SUBM111tD BY:
DATE SUBMlllt:.D:
FURTIIER ACTION REQUIRED:
FOLLOW-UP REQUIRED:
DATE FOLLOW-UP COMPLETED:
For each action the responsible individual shall supply the following information: personal
signature, date, and title.
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MITIGATION MEASURE #43
The Developer shall be responsible for the installation, maintenance and enforcement of
adequate access to all facilities for fire equipment.
IMPT RMENTATION AND VERIFICATION
The City shall inspect construction plans and verify that fire protection requirements are
being met. A copy of approved plans shall be placed in the project file.
COMPLIANCE RECORD
WHEN REQUIRED:
The construction plans shall be submirted and approved
prior to initiating construction.
PLANS SUBM1l1bD BY:
DATE SUBM111 bD:
FURTHER ACTION REQUIRED:
FOLLOW-UP REQUIRED:
DATE FOLLOW-UP COMPLETED:
For each action the responsible individual shall supply the following information: personal
signature, date, and title.
45
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MITIGATION MEASURE #45
The developer shall pay required school impaction fees to mitigate potential indirect
population growth impacts to the San Bernardino City Unified District from development
of this project.
IMPLEMENTATION AND VERIFICATION
The City shall place a copy of receipts in the project file for any school impaction fees paid.
COMPLIANCE RECORD
WHEN REQUIRED:
The receipt shall be placed in the project file within two
weeks of payment of any fees.
RECEIPT SUBMITrED BY:
DAlE SUBMITTED:
FURTIIER ACTION REQUIRED:
FOLLOW-UP REQUIRED:
DAlE FOLLOW-UP COMPLElED:
For each action the responsible individual shall supply the following information: personal
signature, date, and title.
47
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MITIGATION MEASURE #47
The developer shall work with the City Public Services Department to integrate its waste
management efforts with a program of recycling activities by new businesses at ICM
consistent with City's adopted Source Reduction and Recycling Element. This program shall
include the identification of methods to reduce wastes at the source and recyclable materials
that can be delivered to markets for reuse. Specific types of programs include waste
segregation (cardboard, plastic, metals, etc., delivery of waste to the City's proposed
Materials Recovery Facility, and delivery of compostable materials to the City's proposed
composting facility.
IMPT.EMENTATION AND VERIFICATION
The developer shall submit to the City a document identifying any source reduction or
recycling programs implemented at the Mall. The document shall be retained in the project
file.
COMPLIANCE RECORD
WHEN REQUIRED:
The document shall be submitted to the City within two
weeks of reaching agreement with the City Public
Services Department.
DOCUMENT SUBMITfED BY:
DATE SUBMlllt:.D:
FURTIIER ACTION REQUIRED:
FOLLOW-UP REQUIRED:
DATE FOLLOW-UP COMPLETED:
For each action the responsible individual shall supply the following information: personal
signature, date, and title.
49
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MITIGATION MEASURE #49
The developer shall confer with the City Municipal Water Department regarding the ability
to utilize local geothermal resources for space heating and cooling. If judged feasible by the
City and developer, the geothermal resource shall be developed and used at the site as an
energy source.
IMPlEMENTATION AND VERIFICATION
The developer shall document conferences with the City Municipal Water Department
regarding use of geothermal resources for space heating and cooling. A copy of the
documentation shall be retained in the project file.
COMPLIANCE RECORD
WHEN REQUIRED:
The documentation shall be provided prior to
construction of the first addition to the Mall.
DOCUMENTATION SUBMITIED BY:
DATE SUBMlll.l:.D:
FURTHER ACTION REQUIRED:
FOllOW-UP F.EQUlRED:
DATE FOllOW-UP COMPLETED:
For each action the responsible individual shall supply the following information: personal
signature, date, and title.
51
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MfTIGATION MEASURE #51
Utilize existing power sources or power poles during construction where feasible.
IMPLEMENTATION MTD VERIFICATION
The developer shall submit the report indicating which power sources will be utilized during
construction. The City shall verify the use of these power sources during inspections at the
project site during construction.
COMPUANCE RECORD
WHEN REQUIRED:
The report shall be submitted prior to construction and
the note shall be filed in the project file within two
weeks of the inspection.
REPORT SUBMlll!:.D BY:
DAlE SUBMITTED:
NOlES PREPARED BY:
DAlE SUBMlllr:D:
FURTIIER ACTION REQUIRED:
FOLLOW-UP REQUIRED:
DAlE FOLLOW-UP COMPLElED:
For each action the responsible individual shall supply the following information: personal
signature, date, and title.
53
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MITIGA nON MONITORING PROGRAM
EXHmIT "G"
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EXISTING AND PROPOSED SIGNAGE AND LANDSCAPING
EXHmIT nHn
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EXISTING AND PROPOSED SIGNAGE AND LANDSCAPING
Signage and landscaping at the Inland Center Mallon the Effective Date, may not be
consistent with the applicable standards in the Municipal Code and the landscaping and signage
which is proposed in connection with the Development and Operation of the Inland Center
Mall may also not De fully consistent with those standards. As provided in subparagraph 2.(h)
of the body of this Agreement, the Developer intends to prepare and the City intends to enact
amendments to Chapter 19.14, Chapter 19.22 and Chapter 19.28 of the Municipal Code which
will ensure that the landscaping and signage at the Inland Center Mallon the Effective Date is
legal and conforming and that any landscaping and signage which is Developed in accordance
with this Agreement will be legal and conforming, based solely on their conformance with this
Agreement and the applicable plans and specifications which are approved by the City. The
proposed amendments to Chapter 19.14, Chapter 19.22 and Chapter 19.28 of the Municipal
Code will also ensure that landscaping and signage at the Inland Center Mall will, for all
purposes, continue to be governed by the standards in this Agreement including, without
limitation, standards with respect to the subsequent alteration or modification of that
landscaping or signage or any rebuilding of that landscaping or signage if it is totally or
partially destroyed. The following text discusses the general elements, characteristics and
requirements of the proposed amendments to Chapter 19.14, Chapter 19.22 and Chapter 19.28
of the Municipal Code.
SIGNAGE
Sign criteria which identify sign type, size, height and general location, will be
incorporated in the proposed amendment of Chapter 19.22 of the Municipal Code, as provided
in subparagraph 2.(h) of the body of this Agreement. The sign criteria will include a new,
cohesive signage program for the mall portions of the Inland Center Mall, for the major and
minor entrances to the mall and for the New Major Department Stores in the Inland Center
Mall; provided, however that the sign criteria may, at the Developer's election, retain existing
Major Department Store signage and permit signage on building and/or parking structure
facades which address the needs of mall tenants. Detailed sign face elevations and colors will
be the subject of an application by the Developer or any owner of an Existing Anchor Parcel
or a New Anchor Parcel. The Developer intends to retain the existing pylon sign at the Inland
Center Mall, subject to replacement and upgrading of the sign face, and the Sign Criteria will
specifically provide for the same. The Developer may provide a freeway oriented monument
sign for project identification. Internal signage will not be addressed in the sign criteria and
will not be subject to regulation by the City.
LANDSCAPING
In recogrutlon of the uniqueness of the Inland Center Mall (including, without
limitation, its land mass and its proximity to the Flood Control Landscape Areas which are
described in subparagraph 6.(g) of the body of this Agreement), the landscape component of
the Development of the Inland Center Mall will integrate existing elements of planting and
landscape amenities with new elements for the purpose of providing identity for the Inland
Center Mall and linkages for its various elements.
Existing specimen trees will be retained when possible and, where impacted by
construction, will be relocated, if that specie of tree can be transplanted. new plantings will
use materials compatible with the existing plants and, when appropriate, will reinforce and add
EXHmIT "H"
1
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to existing varieties. New planting will be used to bring identity to circulation patterns and to
highlight points of entry.
As contemplated by Section 19.24.060.6 of the Municipal Code, existing parking areas
which are not impacted by the proposed Development of the Inland Center Mall will not have
new trees planted ilt every 4th parking space and, instead, this condition will be offset by
appropriate clustering of trees in the parking areas.
Even though they may not be impacted by the proposed Development of the Inland
Center Mall, the existing parking areas will have parking islands at the end of aisles, subject to
the provisions of this paragraph. Parking islands will be installed in the existing parking areas
in phases, in proportion to the square footage of buildings which are being constructed in the
same phase (e.g., if 50 parking islands in total are required in the existing parking areas and,
in a given phase, 20% of the total planned square footage of buildings is being constructed,
then 20 parking islands will be installed). Consistent with the "clustering" concept in Section
19.24.060.6 of the Municipal Code and to enhance the visual impact of the Inland Center
Mall, the Developer, with the consent of the City (which consent will not be unreasonably
withheld), may disproportionately allocate parking islands in the existing parking areas (Le.,
denser and/or larger and/or more frequent parking islands in certain existing parking areas and
less dense and/or smaller and/or less frequent parking islands in other existing parking areas).
The 25% permanent shading requirement in Section 19.24.060.14 will be met by the
roofed parking spaces within parking structures and not by natural shading.
Landscaping along the existing Lytle Creek flood control channel will be upgraded and
maintained by the Developer. As provided in subparagraph 6.(g) of the body of this
Agreement, the Developer and the owners of the Existing Anchor Parcels and the New Anchor
Parcels will receive credit for that landscaping, in determining compliance with the 15 %
landscape coveragr. requirement which is referred to in subparagraph 2.(c) of the body of this
Agreement.
Pending widening of the 1-215 Freeway, the landscape areas adjacent to the existing 1-
215 Freeway are deemed to satisfy Chapter 19.28 of the Municipal Code. At such time as the
proposed widening of the 1-215 Freeway occurs, in order to provide coordinated landscaping
and ensure a landscape buffer between the 1-215 Freeway and the Inland Center Mall,
landscaping will be replaced adjacent to the new freeway alignment between the proposed
collector-distributor (frontage road) and the Inland Center Mall parking area as is agreed
among the City, CalTrans and the Developer or its successor or assign. The Developer will be
responsible for the maintenance of the landscape buffer, but may transfer this responsibility to
others including, without limitation, CalTrans, by agreement with the transferee. The existing
parking space layout at the Inland Center Mall will be revised concurrently, as is necessary to
accommodate the new property boundary and still maintain internal circulation which is
acceptable to the City and the Developer or its successor or assign. To the extent possible, the
perimeter driveway will be retained as part of the redesign concept. If locating the above-
mentioned landscape buffer entirely on Mall Parcel No. 3 and/or any Existing Anchor Parcel
would adversely impact the Developer's ability to maintain a perimeter driveway or would
reduce the number of parking spaces below the minimum level which is provided in
subparagraph 6.(a) of the body of this Agreement, then the City will not unreasonably
withhold its approval to locate part of the landscape buffer on the public right-of-way of the 1-
215 Freeway. The landscape buffer will be installed no later than 1 year after the completion
of the widening of the 1-215 Freeway.
EXHIBIT "H"
2
o
PUBLIC IMPROVEMENTS
EXHIBIT "I"
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PUBLIC IMPROVEMENTS
BY OPENING DAY OF PHASE I OF PROPOSED DEVELOPMENT, AS DEFINED IN
TIIE TRAFFIC STUDY WHICH IS REFERRED TO IN EXHIBIT "F":
1. Sign~ize the mall driveway located between "G" Street and Adell Drive on
Inland Center Drive.
This signal will include pedestrian signal heads/push buttons, painted
crosswalks, internally illuminated street name signs and all the
hardwarelsoftware necessary for interconnection with adjacent signals.
2.
a)
Upgrade and modify the following traffic signals:
"E" Street/Central Avenue
"E" Street/Benedict Street
Inland Center Drivel Adell Street
Inland Center Drivel"G" Street
b) The following features will be incorporated into the design of the above
signals:
Interconnection/coordination along "E" Street from Orange Show Road
to Mill Street, and along Inland Center Drive from 1-215 to Mill Street
Replacement of non-standard poles and mast arms with standard poles,
mast-arms and signals
Removal of existing median poles/islands from all signalized
intersections modified by the project
Add detection loops on all phases of all signals
3. Mitigate the intersection of Inland Center Drive at Mill/"E" Streets as follows:
Restripe southbound "E" Street approach to intersection to accommodate
an additional through lane.
Widen EB Mill Street (south curb) approach to intersection to provide an
additional lane
Restripe EB Mill Street to include a left turn, one through, a shared
through/right, and a right turn lane
Widen Inland Center Drive (north curb) to obtain an additional approach
lane to intersection
Restripe Inland Center Drive approach to intersection to provide a shared
west/northbound, a northbound, an eastbound, and a shared
east/ southbound lanes
EXHIBIT "I"
1
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.4.' Project will contribute, at each phase, an amount equal to 10% of the cost to
mitigate/improve the intersection of Orange Show Road and "E", as identified
in the traffic study. This equates to a fair-share cash contribution of $30,000,
each phase.
5. This.project is estimated to generate additional 9,000 Average Daily Traffic
(ADT). On opening of Phase I, this translates to approximately $125,000 (1991
dollars) in traffic systems fees, although the actual amount of the traffic systems
fees will be determined in accordance with the Municipal Code. The traffic
system fees may be credited from the off-site mitigations.
6. Proposed structures will be kept away from anticipated widening of 1-215 (at
worst case scenario).
7. The project will develop a landscaped median along Inland Center Drive.
BY OPENING DAY OF PHASE II, AS DEFINED IN THE TRAFFIC STUDY WHICH IS
REFERRED TO IN EXHIBIT "F":
A. Contribute the second $30,000 toward the mitigations identified in Condition
No.4 (Orange Show Road and "E" Street).
B. The second phase is estimated to generate an additional 5,550 Average Daily
Traffic (ADT). This equates to approximately $73,000 (1991 dollars) in traffic
systems fees, although the actual amount of the traffic systems fees will be
determined in accordance with the Municipal Code.
If the Development of Phase I is broken into sub-phases, then items 2. and 7. above
will be implemente:l by the opening day of the first sub-phase. All other required mitigation
and traffic system fees will be pro-rated and timed according to the number of trips generated.
If either of the fair share cash contributions identified in Condition No.4. or Condition
A., have not been paid in full by the 3rd anniversary of the Effective Date, then the unpaid
part of the applicable fair share cash contribution will be adjusted as of the 3rd anniversary of
the Effective Date and on each anniversary thereafter, until those fair share cash contributions
have been paid in full, according to the percentage change during the previous 12 months, in
the United States Department of Labor, Bureau of Labor Statistics, Consumer Price Index for
Urban Wage Earners and Clerical Workers, Los Angeles-Long Beach-Anaheim average
subgroup "all items" (1982-1984=100) ("Index"). The most recent Index publication on the
2nd anniversary of the Effective Date will be the "Base Index". On each Adjustment Date, the
unpaid fair share cash contribution will be adjusted by a percentage equal to the percentage
change, if any, in the most recent Index in publication prior to the Adjustment Date
("Comparison Index") over the Base Index. After any adjustment as provided in this
paragraph, the adjusted amount of the unpaid fair share cash contribution will be applicable
until the next Adjustment Date. If the 1982-84 base of the Consumer Price Index changes
after the Effective Date, then the new base will be converted to the 1982-84 base and the base
as so converted will be used. If at any time the Index does not exist in the format which is
described in this paragraph, then the parties will substitute any official index published by the
Bureau of Labor Statistics or successor or similar governmental agency, as may then be in
existence and is most nearly equivalent to the Index.
EXHmIT "I"
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CALTRANS
DESIGN ALTERNATIVE NO.3
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OF
1-215 FREEWAY DESIGN ALTERNATIVE
EmmIT "J-2"
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CERTIFICATE OF COMPLETION
EXHmIT "K"
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RECORDING REOURl;lTF.D BY AND
WHEN RECORDED MAIL TO:
CERTIFICA TE OF COMPLETION
The City of San Bernardino, a municipal corporation, hereby certifies as follows:
Section 1. This Certificate of Completion will constitute a conclusive
determination that the Developer and/or the present and future owners of the Existing Anchor
Parcels and the New Anchor Parcels and their respective successors and assigns, as provided in
that certain Development Agreement which was entered into between the City of San
Bernardino and Mano Management Company, Inc., effective , 19 ,which
Development Agreement was recorded on _' 19_, in the OfficiaIRecords of San
Bernardino County, California, as Instrument No. ("Development Agreement"),
have completed the Development of one or more phases of the Inland Center Mall, in
accordance with the Development Agreement.
Section 2. The phase or phases of Development of the Inland Center Mall to
which this Certificate of Completion relates are more particularly described as follows:
(INSERT DESCRIPTION OF APPLICABLE PHASE OF
DEVELOPMENT)
Section 3. The real property to which this Certificate of Completion relates is
that certain land located in the City of San Bernardino, County of San Bernardino, State of
California, which is more particularly described as follows:
(INSERT LEGAL DESCRIPTION OF PARCELS COVERED
BY TInS CERTIFICATE OF COMPLETION)
DATED AND ISSUED TInS _ day of
'-'
City of San Bernardino, a municipal
corporation
By:
Its:
EXHIBIT "K"
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I.
PROJECf DESCRIPTION
"
A. Introduction
The City of San Bernardino has received a Development Agreernent Application from
General Growth Development, Inc. which would permit expansion of the Inland Center Mall
located in the southwestern ponion of the City (see Figures 1 and 2 for regional and site
locations). The most recent version of "California Land-Use & Plannine Law" (Curtin 1992)
describes a Development Agreement as "an agreement between a property owner and a city
under which the city agrees to apply to the subject property, unless provided otherwise by
the agreement, the policies, rules and regulations in effect at the time the development
agreement was entered into." (Cunin 1992, page 211) Thus, a development agreement
establishes a the "ground-rules" for future development of a property, in this case the
proposed expansion of the Inland Center.
A development agreement is a legislative action (approved by ordinance) which requires
approval by the City Council, based on a recommendation from the City Planning
Commission. An agreement can be approved by the City Council if it is consistent with the
City's General Plan. The City's Development Code (Title 19.58.010, copy provided as
Appendix 1 to this document) establishes the contents of a development agreement and also
indicates a development agreement is a discretionary decision that requires an
environmental determination under the California -Environmental Quality Act (CEQA).
This Project Description and the attached Environmental Checklist serve as the Initial Study
for the 'DEVELOPMENT AGREEMENT BETWEEN THE CITY OF SAN
BERNARDINO MTD MANO MANAGEMENT COMPANY, INC." (Agreement). A copy
of the proposed Agreement is provided as Appendix 2 to this Initial Study.
B. Proiect Location
The project site is generally located on the east side of the Interstate 215 Freeway at 500
Inland Center MalI in the Southwestern portion of the City of San Bernardino as shown in
Figures 1 and 2. The project site consists of approximately 62.5 acres located within the
boundaries of Rancho San Bernardino (an area not divided into sections). The site can be
found on the San "Bernardino South Quadrangle (7.5 Minute Series, Topographic) at the
following approximate location: Longitude: 117" 17' 45" and Latitude: 34005'. See Figure
2.
c. Project Characteristics
"
The proposed project consists of specific facilities proposed for development and the te':t
of the proposed Development Agreement (Agreement) which contains commitments on the
pan of both the City and the project proponent that may affect the environment. This
section of the Project Description summarizes those characteristics of the project that have
the potential to affect or change the physical environment if the Agreement is approved by
the City. In most instances the potential for physical impact is related to one of three stages
of activity: site preparation, facility construction, and site occupancy and operation. This is
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Exhibits section provides supporting graphics and information for the Operative Provisions.
Neither of these sections contain any specific commitments to physical changes.
The contents of the Operative Provisions are summarized below. Adoption of the
Agreement by the City will establish the primary instrument governing future development
and operation of new businesses at the Inland Center Mall (lCM). The commitments in the
Agreement are in lieu of most future permits and approvals (exceptions are noted below).
The snmm<lry follows.
1. Create three new legal parcels to facilitate location of up to three additional major department stores
atICM.
2. Development is proposed to occur in up to four phases as outlined in Tables 1 and 2.
3. The term of the Agreement is for 30 years or until the improvements no longer exist.
4. Adoption of the Agreement allows the development of facilities as described above and the operation
of ICM in accordance with the terms of the Agreement without regard to future ordinances, resolutions,
rules, regulations and policies of the City.
S. The proposed development described in the Agreement includes:
a. Three new major department stores with up to 540,000 square feet gross building area.
b. A second level at ICM with up to 136,000 gross leasable retail area (236,460 GBA).
Co Up to four multi-level parking struaures that will provide a minimum of four parking spaces
per 1,000 square feet of gross building area.
d Landscaped areas which in aggregate constitute a minimum of 15% of the gross surface area
of the parking facilities at ICM to be in place upon completion of all development phases.
e. Design elements COnsistent with standards in Seaion 19.06.060 of the Municipal Code (City of
San Bernardino Development Code, List of Applicable Regulations).
6. The developer reserves the right to modify the following projea components in the future within the
py;c';'>g developed ICM footprint.
a. Footage of individual majors may be revised as long as the 540,000 square feet value is not
exceeded.
b. The aggregate square footage of the majors and the second floor of the mall may be decreased
as needed.
Co The capacity of the parking struaures can be increased as needed.
d Developer can determine the ultimate location of the 15% landscaped area (this includes all
landscaping around parking suuaures which will be in accordance with code).
e. Malee other facility or operations modifications that are administratively determined to be non-
material by the City Director of Planning.
7. The Agreement provides that to the extent not inconsistent the following commitments are made:
a. Future development will be govemed by the CR.1 (Regional Commercial) General Plan land
use dec;ll7'"tion. _
b. Permined uses shaD be as shown in the Site Plan and in Table 3,
Co Conform with sign standards in the Municipal Code (Chapter 19.22), see Exhibit F.
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modifications to the infrastructure required to support this proposed expansion. The term
of the Agreement and the additional procedural matters do not affect the environment. The
additional legal parcels do not have any impact beyond the additional major department
stores that would be constructed on them.
Therefore, evaluation of the environmental impacts associated with the construction and
operation of these stores will address the potential adverse impacts of adopting the
Agreement. Design of the new facilities will be consistent with the existing facilities,
therefore, no potential for significant visual alterations is identified. Overall, then the
Agreement does not contain any identifiable potential for additional environmental impact
beyond that associated with constructing and operating the new facilities and their
infrastructure support systems.
The focus of this Initial Study will be on the potential adverse environmental impacts caused
by developing the facilities as identified above. The Initial Study Checklist that follows
addresses the broad range of environmental issues that may be affected by development and
operation of the proposed ICM facilities. All issues in the Checklist are evaluated in the
Substantiation section of the Initial Study regardless of the conclusion ("YES", "MAYBE",
OR "NO") checked. This provides the reviewer with a summary of the data used to reach
the conclusion presented on the Checklist. Where a potential impact can be reduced by
implementing mitigation, the Checklist is annotated with an arrow (----->) to indicate that
the impact is reduced to a nonsignificant level. The substantiating text describes how this
mitigation is accomplished.
5
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2ND STREET
IlIIALTO AVENUE
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Source: Donald Friscbcr &; Associatcs
Traffic &; Transponalion Engineers
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SCALE IN MILES
. Study Intame1ions
Tom Dodson- & AIS()(!i8t~S
cuwonmental cousultants
FIGURE 2
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TABLE 1
PHASING STATISTICS
PHASE G.LA. S.F. REQ. PARKING PARKING
(DESCRIPTION) (NET INCREASE) 4/1000 S.F. PROVIDED
Existing Mall 883,829 3,535 4,400
Phase I 140,000 560 725
(Major 2)
Phase IT 88,405 354 669
(Mall Shops)
Phase m 191,600 766 846
(Mall Shops &
Major 1)
Phase IV 256,000 1,024 802
(Mall Shops &
Major 3)
Total 1,559,834 6,239 7,451
Notes: 7451 spaces equates to 4.8 spaces/1000 S.F. GLA
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TABLE 3
PERMITTED USES
TIm FOLLOWING USES WILL BE PERMI1TED AT TIm INLAND CENTER MALL
General merchandise stores
Apparel and accessory stores
Home furnishings, furniture and equipment stores
Eating places
Alcoholic beverages
~cellaneous retail
Banks and lenders
Brokers
Dry cleaners
Watch, jewelry and clock repair
Movie theaters
Video rental
Amusernentjrecreation
Day care facilities
Art galleries
Travel Agencies
Automobile Dealer Showrooms
Such other uses which are occurring in any
regional mall in southern California
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INTERSECTION
CONDITION 1
"'DDA Y AFTERNOON
PEAK HOUR PEAK HOUR
Lw.1 lwei
Delay" 01 Service . Delay" 01 s.mo.
11 B 9 B
11 B 11 B
12 B 13 B
11 B 12 B
38 0 34 0
24 C 27 0
18 C 22 C
12 B 11 B
Inland Center driveway-CenlraJ AvenueIE Slr&el
Inland Center driveway-BenecfICt SlreeIlE Slr&el
Inland Center driveway-AIleD Slreelllnland Center Drive
Inland Center driveway-G Slr&elllnland Center Drive
E SlreellMDI Slreelllnland Center Drive"
E StreetIOrange Show Road
Inland Center OriveIH Streel-northbound Intelstate Route 215 ramps
Inland Center Drive/southbound Interstate Route 215 ramps
. Weighlecl .""'lI. delay per ..hicIe. -. int_.
" The delay ""lues ... !he weighted .....g. delay per Yehiclll oIlhll critical move"",nls. .
NOTES:
Condition 1 Year 19911ra11ic:
LEVEl. OF SERVICE CRITERIA
Weighlod "'-19. Delay
L_ per Vehicle
01 Servic. (Seconds)
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5.1-15.0
15.1-25.0
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> 60.0
INTERSECI10N LEVELS OF SERVICE
Tom DodsQB & AsSOC!iates
CDvirODDlClllal c:onsullaDts
Source: Donald Frischer &. Associates
Traffic &. Transportation Engineers
TABLE 5
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INTERSECI10N LEVELS OF
SERVICE YEAR 1998
Source: Donald Friscber & Associates
Traffic & Transportation EDgineers
Tom Dodson~ & AISOl!iates
environmental coasultants
TABLE 7
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1990 AIR QUALI1Y DATA
Soura:: South Coast Air Qualily
Management Distrid
Tom Dodson. & Associates
environmental c:onsultaDts
TABLE 8 (c:ontinued)
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ENVIRONMENTAL IMPACf CHECKLIST
AND SUBSTANTIATION
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CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES DEPARTMENT
~
ENVIRONMENTAL IMPACT CHECKLIST
.,
A. BACKGROUND
Application Number:
Project Description: Development Agreement to a 11 ow expans i on of Inl and Center
.Mall by increasing commercial square footage by approximately 75%
(660,000 square feet).
Uxation: Located between E Street and Inland Center Drive adjacent to the
1-215 Freewav.
Environmental Constraints Areas: GeoloQic and seismic
General Plan Designation: CR-1
Zoning Designation: CR-1
B. ENVIRONMENTAL IMPACTS Explain answers, where appropriate, on a separate attached sheet.
,. Earth Resources Will the proposal resut in: Yes No Maybe
a. Earth movement (CUI and/or fill) of 10,000 cubic
yards or more? X
b. Development and/or grading on a slope greater
than 15% natural grade? X
c. Development within the Alquist-Priolo Special
Studies Zone as defined in SectioA 12.0 . Geologic X
& Seismic, Figure 47, of the CiIy's General Plan?
d. Modification of any unique geologic Dr physical
feature? X
e, DeveiDpment within areas defined for high potential for
waler Dr wind erosion as identified in Sec:tion 12.0-
Geologic & Seismic, Figure 53, of the CiIy's General
Plan?
I. Modification of a channel, creek Dr river?
X Eo - - - X
X
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b. Development of new or expansion of eXisting industrial, Ves No Maybe
commercial or other uses which generate noise levels on
areas containing housing, schools, heahh care facilities
or other sensitive uses above an Ldn of 65 dB(A) eXlerior X
or an Ldn of 45 dB(A) interior?
c. Other?
6. Land U..: Will the proposal resuit in:
a. A change in the land use as designated on the
General Plan? X
b. Development within an Airpon District as ident~ied in the
Air Installation Compatible Use Zone (AICUZ) Repon and X
the Land Use Zoning District Map?
c. Development within Foothill Fire Zones A & B, or C as X
identified on the Land Use Zoning District Map?
d. Other?
7. Man-Made Haz.erds: Will the project:
a. Use, store, transpon or dispose of hazardous or
toxic materials (including but not limited 10 oil, X ~ X
pesticides, chemicals or radiation)? -
b. Involve the release of hazardous substances? X ~ - X
c. Expose people to the potential heahh/safety hazards? X ~ - X
d. Other?
8. Housing: Wi.lthe proposal:
a. Remove existing housing or create a demand
for additional housing? X
b. Other?
9. Transportation I CirCUlation: Could the proposal, in
comparison with the Circulation Plan as identitied in Section
6.0 . Circulation ot the City's General Plan, resuh in:
a. An increase in traffic that is greater than the land
use designated on the General Plan? X
b. Use of existing, or demand for new, parking
facilities/structures? X - - - ~ X
c. Impact upon existing pUblic transponation systems? X - - - ~ X
d. Aheration of present patterns of circulation? X
e. Impact 10 rail or air traffic? X
f. Increased safely hazards to vehicles, bicyclists or
pedestrians? X " - - - X
,
g. A disjointed pattern of roadway improvements? X
h. Signiticant increase in traffic volumes on the roadways
or intersections? X - - + X
i. Other?
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ENVIRONMENTAL EVALUAnON AND MmGAnON MEASURES DISCUSSION _ CONTINUED
Oft' 0' ... --..-.c
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D. DrnRMlNAnON
On IIIe basis of this iniIiaJ study,
O The proposed project COULD NOT 11II1/8 a sipniflClnlelf8CI on the environment and a NEGAnve OEClARA.
TION wm be prepared.
/x'ITha.Proposad projact could IIIIve . sipnificant elfact on the environmem. a~ho"9h there will not be a sipnificant
~ elfact in this case because the miligalion maasures dasaibad above IIIIve baan adclad to the project A
NEGATIVE OEClARAnON will be preparad.
o The proposed project MAY have a sipnificant alfBCl on the environment. and an ENVIRONMENT AlIMP ACT
REPORT is required.
~
ENVIRONMENTAl REVIEW COMMITTEE
CITY OF SAN BERNARDINO, CAlIFORNIA
Larry E. Reed, Assistant Director
Nama and TIIIa
~,.. - r:-.II? 6/
s~f
March 19, 1992)
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INLAND CENTER MALL
DEVELOPMENT AGREEMENT (1992)
INITIAL STIJDY
ENVIRONMENTAL IMPACT CHECKLIST SUBSTANTIATION
1. Earth Resources:
l.a. The primary concern related to movement of earth materials is the process of cut
and fill grading and site preparation impacts and the alteration of topography as a
result of earth movement to support development. Cut and fill activities and
topographic alterations have already occurred at the project site in support of the
current Inland Center Mall (ICM) facilities and improvements. The project proposes
the development of a second floor at ICM, three additional major department stores,
and up to four constructed parking facilities. Site preparation for these facilities will
consist of minor excavations at each of the seven independent facilities to provide for
new building structure footprints. Earth movement for each independent facility (the
three department stores and four parking facilities) is expected to be substantially
less than 10,000 cubic yards and no alterations to the site's topography is proposed.
Small quantities of the existing fill materials at the individual facility sites shown in
Figure 3 would be excavated beneath the proposed building footprints. Portions of
this earth material would replaced on the site to meet foundation structural
requirements as described in "Report on Foundation Investigation Proposed Inland
Center Mall Expansion Interstate 215 Freeway and Inland Center Drive San
Bernardino, California for General Growth of California Inc.", Jan 92. The
rernainder of the earth material will be transported to other locations requiring fill
material. No direct adverse impacts are identified from excavation activities and
from possible alterations in site topography because they will be below the City's
threshold of significant excavation (10,000 cubic yards) and because no topographic
alterations_are proposed. No mitigation is proposed for these activities.
Indirect impacts from managing the excavated material at the site and transport to
an alternative fill location will occur. These include fugitive dust emissions
(addressed below) and transport of excavated material from the site to another
location. Two measures are proposed to ensure this transport occurs with no
significant adverse impact.
1. All excavated material shall be transported In trucks with the surface wetted by waler and the
material a minimum of two feel below the trailer or with a cover to minimize fugitive dusL
2. Trucks and tires shall be washed prior 10 lawing the construction site.
3. The excavated malerial shall be tested to ensure II is not contaminated and shall be
transported to a OlllocatioD or a disposal slle thaI can legally accept the malerial.
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level terrain where deep alluvium is present. The Tujunga gravelly loamy sand (TvC)
found on site are rapidly penneable containing a fine gravel content of 15-30%, this
gravelly component and high penneability lead to very slow runoff and only slight
erosion potential when disturbed. However, as noted extensive fill material has been
placed at the site and it has been graded and paved in support of the CUrrent uses.
Additional onsite excavations for infrastructure improvements or new facilities will
be required to allow the proposed use. Some Short-tenn potential for water and
wind erosion is possible during construction activities. This potential can be
mitigated to a level of non-significance by the City requiring that adequate erosion
control measures be implemented during construction activities and by the City
requiring that disturbed areas be recovered with pavement or permanent landscaping
be installed immediately after construction activities are completed.
Based on the above, it is judged potential soil erosion impacts can be reduced to a
level of nonsignificance with implementation of the following measures.
4. Prior to construction on site, an erosion control plan shall be prepared which will control
sediment laden surface runoll' from leaving construction areas. This plan shall be submitted
for City review and approval. This erosion control plan shall also contain provisions for
control of fugitive dust from any stockpiled solis. Controls shall limit fugitive dust emissions
to less than 150 Ibs. per day based on SCAQMD thresbolds of significance.
5. Permanently exposed soils not covered byimpernous surfaces sball be stabilized through the
Installation of landscaping and Irrigation Systems. A landscape plan identifying plant
materials, density, and size sbail be re,'lowed and approved by the City. Arter the landscaping
Is establisbed it shall be maintained in a manner that does not cause result in significant
local f~gitive dust or sediment generation to surface runoll'.
l.g. The project site was once part of the natural drainage course of Lytle Creek Wash.
Historical records indicate that this area was a marsh, or wetlands. Depth to ground
water at the project site is shown on Figure 75 of the General Plan Technical
Background report as being less than 10 feet. The General Plan accordingly has
designated this area a high liquefaction susceptibility area on Figure 48 as well as
developing policies to mitigate this natural hazard.
In response to this hazard, the developer has had prepared a detailed Liquefaction
Report addressing the hazards as they relate to the proposed project. This Report
is titled, "Evaluation of Liquefaction Potential Proposed Inland Center Mall
Expansion Interstate 215 Freeway and Inland Center Drive San Bernardino,
California for General Growth of California Inc.", Jan 92 prepared by Law/Crandall
Inc.. This report summarizes results from soil borings and analysis of materials
encountered beneath the project site. The Report concludes that the potential for
significant liquefaction at the site is considered low. However, isolated relatively thin
layers of potentially liquefiable soils were identified in some of the borings. The
effect of liquefaction was concluded to not be significant because of the depth of the
layers and the relative thinness of the liquefiable layers. The potential effects of the
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indicates that no primary standards at the state or federal level are exceeded (Carbon
Monoxide, Nitrogen Dioxide, Sulfur Dioxide, and Lead. In addition, the state sulfate
(S04) standard is not violated. The maximum concentration of Ozone in 1990 was .29
parts per million (ppm) which is a first-stage ozone alert. The state ozone standard
(.09 ppm) was exceed 129 days at the San Bernardino monitoring station
(approximately two miles from the proposed project site) and the federal standard
(.12 ppm) was violated on 78 days. The 24-hour PM10 federal standard (see Table
8) was violated on 3.3% of the days sampled and the state 24-hour PM10 standard
was violated on 58.3% of the days sampled. Both the state and federal annual
averages (geometric and arithmetic means, respectively) were violated at the San
Bernardino monitoring station.
The proposed project does not include any proposed stationary sources of emissions;
therefore, the construction and mobile source emissions related to the project
implementation represent the only sources of additional emissions in the future.
Construction Emissions
The project can be divided into three types of construction activities. The addition
of a second level at the mall (136,000 GLA) square feet will not cause the
disturbance of any ground surface and no potential exists for fugitive dust generation.
This project will be accomplished with the use of one or two pieces of construction
equipment (a large crane) and periodic deliveries of construction materials. Using
Emission factors for diesel powered trucks (Appendix L in the SCAQMD Handbook,
ten delivery per day with travel of 50 miles in the basin (25 mile each direction
average) in support of the proposed project) and one crane (operating eight hours
as Miscellaneous Equipment under Appendix K to the SCAQMD Handbook) the
daily emissions forecast would be as follows: ROG = 4.4 Ibs; CO = 14.5 lbs; NO.
= 32.4 Ibs; PM = 4.7 Ibs; and SO. = 4.6Ibs. All the above values are well below
the thresholds established in the SCAQMD Handbook.
The construction of the major department store will entail the disturbance of about
2 acres of area and is anticipated to involve the same type of equipment and
emissions. In one instance the paved parking area may be ripped by a dozer or a
gradall but the emissions are approximately equivalent to a crane which would
immediately replace this equipment in support of constructing the structure.
Emissions are approximately the same for equipment as in the first instance and the
two acres of disturbed ground would be exposed to fugitive dust generation.
Assuming watering to control dust emissions, daily particulate emissions would be
approximately 55 Ibs per working acre or 110 Ibs. which is below the particulate
threshold. Note that the project working areas are already cornpacted and paved,
and potential for emissions is less than would occur on a totally undisturbed parcel.
Mitigation is provided below to ensure that fugitive dust emissions are minimized:
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emissions from the use of energy are all well below the Handbook threshold of
significance, except for NO. which is 13 Ibs above the threshold. The proposed
project will have to reduce its energy consumption to reduce emissions below the
threshold of significance. In the analysis of mobile sources below, it is demonstrated
that sufficient NO. reductions will be achieved to more than offset the 13 lbs per day
exceedance of the threshold.
To address mobile source emissions, data from the Traffic Impact Study (Frischer &
Associates 1991, see Appendix 3) and from a special study by Barton-Aschman
Associates (see Appendix 4) has been evaluated. At full buildout of ICM under the
proposed Development Agreement, the project will result in a maximum increase of
14,950 trips per day. Buildout was estimated to occur in 1998 in the traffic study and
is forecast to occur in the year 2000 in the phasing plan of the Development
Agreement.
However, it is too simplistic to evaluate the proposed project in a vacuum because
many trips to other malls in the region will be eliminated by the proposed expansion
at ICM. To determine the net change in vehicle miles traveled (VMT) resulting
from the ICM expansion, Barton-Aschman Associates conducted a detailed
evaluation of the expansion, vehicle trips and capture of leakage trips to other malls
based on a market study provided HSG/Gould Associates. The information from
this study is discussed below, much of it quoted directly from Appendix 4.
The Barton-Aschman study indicates that the proposed ICM expansion will reduce
vehicle miles of travel in two ways:
1. A reduction in trip rates
2. Capture of leakage trips
The reduction in trip rates is attributed to the fact that the expanded mall will have
additional facilities which will reduce the shoppers' need to shop at other locations.
Also, due to the increase in shopping facilities at a near-by mall, shoppers will no
longer have to travel to distant malls for these facilities, thus reducing leakage trips,
by as much as 50 percent. Based on these assumptions, Barton-Aschman forecasts
that the expansion of ICM will reduce VMT from 232,470 per day to 185,370 miles
per day. The reduction in future VMT is 47,100 miles daily which equates to an
estimated reduction in future mobile source emissions (year 1998 and average speed
of30 miles per hour), see Appendix D of the SCAQMD Handbook) within the basin
for the following pollutants: CO = -540 Ibs/day; TOG = -48 Ibs/day; NO. = -114
lbs/day; and PartIculates = -281bs/day.
Based on the above analysis, the proposed project reduces VMT in a manner
consistent with the greater balance achieved between jobs and housing described in
the housing evauation section of this Initial Study. It is anticipated that
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Traffic Sections of this Initial Study. Based on the forecasted reduction in air
emissions and the additional emission reductions that will be achieved by this
proposed project, the potential adverse impacts to SCAB air quality has been
reduced to a nonsignificant level.
2.b. Current use of the site results in both interior and exterior odor releases. Current
interior public exposure to odors results from activities associated with commercial
retail uses (cooking odors, perfumes, floral odors, etc). These odor Sources are not
known to have resulted in any significant objections or adverse impacts. Exterior
odors released from the site are primarily associated with vehicular emissions, such
as diesel fumes. The project being evaluated is the development of additional uses
which are essentially identical in nature and potential for odor releases to CUrrent
uses of the site. The proposed project will not cause a change in odor sources and
no significant odor impact is forecast from developing the proposed additional uses.
No mitigation is proposed or required.
Many temporary or short-term odor releases that may be objectionable are also of
a toxic or noxious nature. These are potentially associated with the construction
activity. Potential sources include but not limited to applications of glues, paint, and
other architectural coatings. Because commercial activity will continue during
construction, there is a need to lessen the potential for unwanted air borne releases
and human exposure during construction .activities. The following mitigation is
judged sufficient to reduce potential adverse odor effects to less than significant.
23. ConStruction related activities wbich utilize odorous, toxic:, or hazardous materials "uich can
be released into the air and can expose the public to health or nuisance odors sball be
controlled to less than bazardous levels for the cbemicals being utilized. This can be
accomplis bed by preparing a Materials Handling and Procedures Plan whicb sball identify
~ous odor sou=s, materials and quantifies present on site, potential bealth effects,
proposed spedal bandling and isolation containment devices or mechanisms to prevent
slplficant buman exposure to airborne cbemicals or odors. The plan sball be reviewed and
approved by the City prior to use or such chemicals at locations where bumans may be
exposed.
2.c. According to data provided on Figure 59 of the General Plan, the project site is not
within a high wind hazard area. No other climate effects are predicted for the
proposed project based in its small size and lack of components that can change
climate. No potentially significant impacts are identified.
Jiteferences
City of San Bemtvdino. 1989. Cin' of Son B~mordino G~n~rol Plan.
at) of Sa Benuudino. 1989. Cin, of Son BmJDMino G~n~rol Pion Em.;ronml!nto/lmnDct Re.untf,
City 01 San Benuudino. 1988. Citv or ~f:;Dn Bt!mDrdinn Gml!rt1/ Pion UndD'/! Tt!chnicD! BoCkPMlInd Rt!nnrr
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meet the water quality obJectlves for Storm Discbarge Permits by the Regional Water Quality
CODtrol Board.
3.d. The City of San Bernardino water supply is stored in the Bunker Hill Groundwater
Basin. Inflow to the basin occurs as runoff from the Santa Ana River, Mill Creek
and the surrounding mountains in the east San Bernardino Valley. Recharge is
supplemented by imported sources through artificial recharge basins that have been
constructed on coarse alluvium at the foot of the San Bernardino Mountains. The
San Bernardino Municipal Water Department recharges this water to the basin for
urban water users. Currently, about 43,000 acre feet are delivered for City uses.
The General Plan EIR determined that providing future water supply as the City
builds out is not a significant impact, with the demand at ultimate buildout of the
General Plan, including CUrrent users, resulting in the use of up to 59,000 acre/feet
per year. Buildout of the General Plan was judged to be non-significant owing to the
vast underground supplies currently, and histOrically, available to this region. The
existing Mall uses approximately 95,000 gallons of water per day (City Water
Department current use figure), or approximately 108 gallons per 1,000 square feet
of mall space. The proposed project's incremental increase use of groundwater
resources about 71,000 gallons per day and this falls well within the forecast within
the General Plan. Thus, the increased water consumption is not considered
significant based on the above analysis.
3.e. Existing flood control improvements in and around the project site have been
designed and installed for a Corps of Engineers standard project flood with a
recurrence Ulterval which exceeds a 200 year frequency which will adequately protect
the existing, as well as the proposed uses, on the project site. Flood hazard exposure
no longer exists due to these improvements, thus no impact is identified.
References:
Dry of SD1I BenulFtfino. 1988. CiN m Salt B~",ordirro G~rrffl11 Plorr U1Jdot~ T~chrricol Boc!('''''",rrd R~""rt
00- of SD1I BertUlTdino. 1989. ON or Sorr B~",ordirro G""~1'DI Plorr
SD1I BertUlTdino Courro- T1'QnsponDtiorr Flood Corrtrol Distric4 ]Mrs. com",.
4.
Biological Resources:
4.80 b
& c.
The project site prior to being altered in 1966 (prior to enactment of the Porter-
Cologne Water Quality Control Act in 1969, and CEQA in 1972) was partially within
the active ephemeral stream courses of Lytle and Warm Creeks, with marsh areas
present. Surface water and soil moisture derived from high ground water levels, were
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25. The existing trees on site Impacted by the project should be examined by a knowledgeable
landscape professional to determine their abllity to be transplanted. Those trees that are
deemed good candidates for successful transplantation shall be relocated on the project site.
26. In the Landscape and Irrigation Plan required In #5 adequate new trees shall be planted to
compensate for the loss of the approximately 57 mature trees.
With implementation of these two measures the potential loss of trees can be
reduced below a significant level.
References:
Oty of SfJ1I Bmuudino. 1989. Ow of San BemardiltO G~nl!fQl Plan.
Oty of SfJ1I Bernardino. 1989. Ciw of San Bernardino G~nl!fQl Plan Environm~ltIallm"acr Rmorr.
Oty of SfJ1I Benuudino. 1988. Ciw of San B~mardiltO G~neral Plan U"dare Technical BackPround Rmort
5. Noise:
5.a
& b. The State of California Planning Zoning and Development laws have developed
specific land use compatibility criteria related to assessing effects of noise. The Land
Use Compatibility for Community Noise Environment chart (City Noise Element)
defines land uses and tbeir sensitivity to noise; it divides land uses into ten categories
and defines the sensitivity to noise for each, with commercial uses being tbe ninth
and seconc' most tolerant land use to noise impacts. According to this definition of
noise impact, levels of up to 70 dB CNEL are normally acceptable for the proposed
use. The Initial Study requires an analysis for exposure of people to exterior noise
levels of 65 dB and interior levels of 45 dB or greater; however these criteria are
normally associated with sensitive land uses to noise impacts and by the definition
above do not pertain to the commercial use proposed. Therefore, the following
analysis is based upon exposure of persons to noise levels which exceed 70 dB as
defined to assess potential significant noise impacts.
The project site is already developed for commercial uses and is subject to three
distinct noise sources: low level aircraft overflights from Norton Air Force Base; rail
traffic along Inland Center Drive; and traffic or vehicular noise on adjacent streets
and in the parking areas. The Noise Element quantifies these noise levels as follows
at the project site. Exterior noise levels from aircraft range between 60-65 decibels
from planes approaching Norton Air Force Base to the east. Railroad tracks parallel
the northern right of way for Inland Center Drive, or approximately 100 feet from
the project site. Noise levels measured at 200 feet along the Santa Fe Rail line are
projccted to be 56 dB. Both of thcse noise sources are intermittent, and proposed
closurc of Norton will likely rcsult in further reduced noise levels as Uillitary planes
are excmpt from domestic noise standards.
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be added to the City when build-out occurs in the future. The addition of 36 million. square feet
includes the 2.2 million square feet of Regional Commercial developmcut, including the proposed
project. On pages 4-37 through pages 4-52, the General Plan Em contains an evaluation of land use
impacts from developing the additional 36 million square feet of commercial square footage. No
significant adverse impact were identified. The City projects a demand for the commercial square
footages outlined above and the proposed project is within these forecasts. The conclusions in this
Initial Study is that the development of 676,000 square feet of commercial space (about 31% of the 2.2
million square feet of Regional Commercial and 1.8% of the 36 million square feet of total Commercial
square footage) are not significant and this finding is tiered on the findings in the General Plan Em
as permitted in the State CEQA Guidelines Section 15152. The General Plan ElR can be reviewed at
the City's Planning and Building Department during normal working hours.
The most relevant General Plan Land Use polices applicable to the project site and
proposed project are as follows:
Policy 1.15.10 Permitted Uses
Permit and encourage the intensification of the Central City and Inland Center Malls and adjacent
properties designated as Commercial Regional Retail (CR-l) for region-serving commercial,
entertainment, restaurant, supporting retail, professional offices and similar uses.
Policy 1.15.20 Density /lntensity, and Height
Permit a maximum floor area ratio of 1.5 and height of four stories (52 feet).
Policy 1.15.30 Design and Development Guidelines
Require that new developmcut in the region-serving malls be designed to visually and physically 'open
onto' periphe ,a1 parking areas, rather that oriented exclusively to interior pedestrian areas; which may
incorporate exterior store fronts, restaurants, major entries, and other similar design elements.
Policy 1.15.36
Work with the owners of Inland Center to encourage their installation of landscape, berms, decorative
walls, weD designed signage, and other aesthetic elements to improve the visual and physical quality of
the site's periphery.
The General Plan includes an Economic Development Element to define a set of
policies which will assist the City's elected leadership and management in the
formation of deliberate initiatives for the maintenance and enhancement of the City's
economic development. Existing Regional Commercial space totals 1,890,000 square
feet of gross leasable area in the two city malls. The analysis of retail activity
indicates the current primary regional market area is defined as lands in San
Bernardino Valley east of Fontana to Redlands, limited on the west by proposed
regional mall proposed in Rancho CucamongajOntario. The share of planning area
expenditures would support an estimated 833,000 square feet of regional mall space
currently. By the year 2010, including adjustments for regional space based on other
project, the above defined region is forecast to SUpport an addition at 2.2 million
square feet of regional space which the City hopes to capture.
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Both areas Occur at the urban/foothill interface at the San Bernardino Mountains.
The project site is 3-4 miles away from these areas and no impacts are expected
based on the project's location.
References:
O(Y of SQ1l Benuudino. 1989. City of StJIJ B~mardino G~n~ral Plan.
City of San Benuzrdino. 1989. Citv of Son BemDrdino Gi!lIi!l'tll Plan Environmental /mnDrt ReDO".
City of SQ1I Benuudino. 1988. Cifl' of San B~mardino G~"~ral Plan U"dal~ T~chnical Ba~Ir""'''"d R~I'J01'/
7. Man-Made Hazards:
7.a. The proposed project and its potential for use or release of hazardous or toxic
materials is divided into two analysis components. The fIrst assesses the project after
it is occupied and is discussed below, followed by an analysis of the temporary
potential environmental effects of construction/demolition activities and any man-
made hazards.
Hazardous Materials/Uses is addressed in Chapter 13 of the General Plan which
provides an overview of issues and puts forth goals, objectives, and policies once the
use is established. There is also a strong city, county, state and federal mandated
regulatory network of agencies responsible for the transponation and handling of
hazardous materials, with strict guidelines and procedures which must be followed.
These agencies include the City Fire Depanment, County of San Bernardino
Department of Environmental Health Services Department, Regional Water Quality
Control Board, the State Department of Health Services and in the case of the work
environment, CAL OSHA.
The site currently retails substances which by definition are considered to be
hazardous materials, but are common substances in use by every household and
vehicle owner. Activities at the site will also likely result in generation of wastes
which require special handling and disposal. The presence of these substances on
the current site has not resulted in any known adverse effects on the environment or
exposure of the public to serious health hazards. Nonetheless, there is always the
possibility that accidental spills, or other temporary situations, could be caused by the
activities that will occupy the new commercial space.
To ensure that potential health risk impacts of new commercial businesses are
mitigated to a level of non-significance, the City shall review each proposed activity
within this development, including Construction plans, to ensure that its
implementation does not create a significant threat to human health and safety. This
review should ensure that site and building design provides adequate provisions for
reasonable evacuation routes in the event a hazard is present.
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San B~o County. 1990. HlJVJrdou< Wo"~ Mono""m~nl Plan
8. Housing:
8.a. Existing residential uses located closest to the project site are predominantly single
family neighborhoods located to the west ofI-215. The freeway serves as an effective
barrier between the intense commercial east of 1-215 and residential to the west.
North and east of the site are existing commercial, industrial and public land uses
with many vacant or under utilized parcels. A few older single family residences exist
in these areas but the General Plan designates these areas as commercial/industrial
and they are not expected to remain.
The project will not remove or will it adversely effect existing residential uses. The
project site contains no housing, nor do any of the City General Plan's policies call
for housing or residential dwelling units at or near this location. No impacts to
existing housing are identified and no mitigation is required.
Evaluation of potential demand that implementation of the project will create for
housing is related to family incomes for future employees at the Inland Center who
do not already live in the area. The Inland Empire is a housing rich and job poor
area according to SCAG. However, this regional trend is less severe in the City.
Local employment oppOrtunities in 1980, according to the Housing Element, were
high with 88% of the working residents in the City being employed in the Riverside-
San Bernardino-Ontario SMSA, with 57% of those employed within the City.
SCAG defiues households paying over 30 percent of family income for housing as "in
need". The 1988 Regional Housing Needs Assessment (RHNA) estimated that 1988
median City housing price was $91,500 (family income = $28,600), with the median
point for rents at $330 per month. The Housing Element identified 21% or 11,755
of City households meeting this "in need" definition Citywide, of which renters
comprised 76% of the "in need" category. This high percentage of households
overpaying is thought to be attributable to several factors; one is the limited range
of white collar job opportunities in the City, and the high number of service sector
jobs. The RHNA 1988 concluded there is a current need for an additional 1,159
housing for very low income families, 1,865 units for low income families, and 1,799
units for moderate income families within five years.
The General Plan identifies opportunities for the production of affordable ownership
in the more intense land use classifications, with a target area north of the project
site between the two City Malls. Citywide the General Plan land use designations
would result in allocating approximately half of all potential new multi-family units
being constructed in the southeast quadrant of the City, which is proximate to the
project site.
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status of the CMP, this document does not evaluate the relationship between the
proposed project and the CMP since it would be speculative at this stage of its
preparation. Following adoption of the CMP, the City can integrate specific
mitigation proposals to meet the CMP goals and objectives. This can be
accomplished when specific development projects are submitted for future City
review.
9.b. The proposed project will create a demand for substantial additional parking area
and the developer has included an additional 3,051 parking spaces in the project
design. This will provide a total of 7,451 parking spaces, or 4.8 spaces per 1,000
square feet of gross leasable commercial area. This exceeds the City's requirements
and no significant impact is forecast and no mitigation is required.
9.c. By increasing the size of ICM (676,000 square feet), the proposed project will
increase demand for public transit resources. At present two local transit routes
serve the project, one on "E" Street and one on Inland Center Drive. These two
routes provide access to the adjacent public street system and the E Street route
provides access onto the Mall site itself at the present time. To enhance public
transit use the applicant will implement the following mitigation measure.
31. The developer shall prOvide a minimum oC one covered drop-off Cacility when Cuture
development phases are implemented to ensure that puhlic transit riders have a protected
location adjacent to the Mall Cor access to huses or other puhlic transit vehicle.
32. The developer shall cooperate with the City oC San Bernardino in establishing and operating
a loc'II shuttle service to highly urbanized portions oC the City to reduce trip generation in the
downtown area oC the City.
If ridership increases as a result of the increased commercial square footage and the
enhanced public transit facilities, Omnitrans will be able to expand service on these
lines based on the increase in revenues. Because of this ability to expand to meet
existing demand, the proposed project is not identified as having any significant
adverse effects on the public transit system.
9.d. The proposed project is presently served by an effective circulation pattern that will
not be altered as a result of implementing the project. The possibility exists for
Caltrans (1-215) and the City (Central Avenue) to modify the local circulation system
with proposed road improvements which are beyond the control of the project. The
text of the Development Agreement would require the City to assist ICM in
maintaining a circulation system that will protect the best interests of the ICM's
future operations. No adverse impact to the present pattern of circulation is forecast
as a result of implementing the proposed project and no mitigation is proposed.
9.e. The proposed project has no potential to affect existing rail or air traffic systems
based on the proposeed improvements and expansion which are contained on the
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cumulative traffic growth on the local road system. Table 4 provides a summary of
. the proposed development by phase in the future that was used to make traffic
impact forecasts. Current traffic volumes were counted manually from June 4
through June 12, 1991. During this same period daily traffic volumes at the seven
ICM driveways were automatically counted. The local road system of concern
includes the following roads (see Figure 2):
Riverside-Barstow Freeway (1-215)
Orange Show Road
H Street
Adell Street
Central Avenue
Inland Center Drive
E Street
G Street
Mill Street
Benedict Street
The latter two roads are driveways that cross the Lytle Creek Flood Control Channel
and connect ICM with E Street. Table 5 depicts the CUrrent Levels of Service (LOS,
see Table 5 for an explanation of the six LOS, "A"-"F") that Occur at the eight
intersections of concern during the midday and afternoon peak hours. All
intersections were determined to operate at LOS D or better which is consistent with
the City's General Plan goal.
Estimates were made for average weekday traffic (total, miday peak hour and
afternoon peak hour) for the 60% of development scenario and for full development
(see Table 6). The maximum impact to the circulation system from the project was
forecast as follows:
Additional Vehicle Trips:
14,950 trips per day
Midday Peak Hour Increase: Entering
Exiting
815 trips
815 trips
760 trips
760 trips
Afternoon Peak Hour Increase: Entering
Exiting
The Traffic Impact Study evaluated three conditions for year 1993 traffic impacts
which are at less than full buildout (Phase I) and the reader is referenced to
Appendix 3 to this document for this information. The maximum traffic impact is
identified in Table 7 for Condition 5, Condition 6, Condition 7 and Condition 8.
Condition 5 is the year 1998 traffic (Year 1991 traffic plus growth of five percent
compounded annually) average weekday, with Phase I expansion. Condition 6 is the
year 1998 traffic (year 1991 traffic plus growth of five percent compounded annually),
peak-month weekday, with Phase 1 expansion. Condition 7 is the year 1998 traffic
(year 1991 traffic plus growth of five percent compounded annually), average
weekday, with both Phase I and Phase n expansion. Condition 8 is the year 1998
traffic (year 1991 traffic plus growth of five percent compounded annually), peak-
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37.
The project sball contribute, at each phase, an amount equal to 10% of .the cost to
mltlpte/lmprove the Intersection of Orange Sbow Road and "E', as Identified In the traffic
study. This equates to a falr-sbare casb contribution of $30,000, each phase
The project Is estimated to generate an additional 9,400 ADT on opening of Phase I; this
translates to approxlmately$12S,OOO (1991 dollars) in Traffic Systems fees. The traffic system
fees may be credited from tbe ocr site mitigations.
Proposed structures sball be kept away from anticipated widening of 1-215 (at worse-c:ase
scenario)
38. The project shall develop a landscaped median along Inland Center Drive.
Phase II Project Mitigation
39. Contribute the second $30,000 towards the mitigations Identified measure #37 (Orange Sbow
Road and E StreeL
40. The second pahse is estimated to generate an additional S,sSO ADT from Pbase II; this
translates to about $73,000 (1991 dollars) in Traffic Systems fees.
The review of the project based on the above improvements was determined by the
City Traffic Engineer to reduce the potential project specific traffic impacts below
a significant level. No additional mitigation is required.
10. Public Services:
1O.a. Fire protection: The City provides fire prevention, fire protection and emergency
medical services. Fire Station 10 is closest to the project site, located 1/2 mile away
at the intersection of Mill Street and Arrowhead Ave. The Fire Department uses the
Uniform Fire Code, the National Fire codes, and the California Administrative Code
as the basis for it's enforcement programs, in addition the City has adopted more
stringent fire regulations in areas of building construction which requires automatic
fire sprinklers in all new commercial buildings over 5,000 square feet in area
To mitigate potential impacts upon the fire protection impacts and the Fire
Department's ability to provide adequate levels of service, the City shall implement
the following measures:
41. Require that the project construction meet the standards referenced above related to type of
construction, materials and installation of sprinklers during the review of planning, building,
and construction drawings.
42. The developer sball ensure that adequate infrastructure and water supply are a,..llable onslte
and per City standards to meet peak fjre Dow requirements and that they will be In place and
operational prior to occupaney of the new facilities.
43. The Developer shall be responsible for the Installation, maintenance and enforcement of
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standards and schedules for acqulSltlon and development of new. park or
rehabilitation of existing parks and recreation and special facilities, i.e. tot lots, or
water facilities such as fountains.
Policy 9.1.14 of the General Plan requires that new commercial development provide
open space facilities on-site for passive and active recreation or contribute fees for
the public development of such facilities. The proposed project description does not
contain sufficient level of detail to address this issue. To ensure that park and
recreation opportunities are provided as recommended by the policy, the following
mitigation rneasure is judged to be sufficient to reduce potential recreation impacts
to less than significant.
46. The project shall coordinate with the City Parks aDd RecreatioD DepartmeJIt to provide
recreatioDaJ facilities OD site aDd by providiDg active aDd/or passive recreatiOD oPportUDities
Dr special faclllties. Alternatively, the developer caD arraDge to cODtrlbute fees for public
deveJopmeDt of such facilities.
lO.e. Medical Aid: Emergency Medical Services are provided by City Fire Department
trained personnel through the EMT program (see fire above). The closest hospital
to the site is located in Lorna Linda, with other hospitals located near Highland Ave
and Medical Center Drive. The need for increased medical services at the project
site can be correlated to increased population in the region, but not increased use
of the project site. Some unquantifiable, but small, increase in demand for
emergency medical service may occur due to development of the proposed project.
However, the impacts from a minor increase in demand is not identified as causing
a significau effect on medical aid levels of service. No potential for significant
impact is forecast to affect this service.
10.f. Solid Waste: Solid waste collected in the planning area is presently disposed at
landfills in the east valley, either Colton, Mid-Valley or San Timoteo Landfills that
are operated by the County. The General Plan EIR evaluated the solid waste
generation and evaluated potential impacts as not resulting in significant adverse
environmental effects.
San Bernardino County utilizes a per capita annual waste generation rate that does
not apply to commercial or industrial projects. Riverside County has defined waste
generation based upon developed square footage, and although the County of San
Bernardino does not calculate waste generation in this manner, the use of this
methodology seems best suited for this project. Given the proximity of the site to
Riverside County and similar types of population, it was jUdged that use of Riverside
County data would be appropriate for making a forecast. Based upon a generation
factor of 1 pound per day for each 100 square feet of building area, the CUrrent
facility generates 1,613 tons of solid waste per year. Proposed expansiop would result
in another 1,208 tons per year, for a buildout waste stream of 2,821 tons per year.
27
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CounO' of Rivet$ide. 1989. Ri~id~ Cnllntv Solid Wa_C't'- MDnq~m~nt Plan.
County of 5111I Benuudino. 1989. San Bemardino Counrv Solid War'e manapemen, Plan 1989-1990 Unda'e_
Prelimin/l1'V Dmft.
11. Utilities:
a.l/2. Natural Gas/Electricity: Development of the project will increase consumption of
natural gas and electricity at the project site. Natural gas is supplied by Southern
California Gas Company and the consumption factor for this land use is roughly 31
cubic feet/day for every 100 square feet of floor area Current site usage is
estimated to be an average of 274,000 cubic feet per day. Electricity is supplied by
Southern California Edison Company and commercial uses of this type consume
roughly 18 kilowatt hours per day for every 100 square feet of building area, with
current consumptive use estimated at 160,000 kilowatt hours per day.
Proposed expansion of building area will increase the consumption of these utilities.
Natural gas consumption will increase by 205,342 cubic feet per day for a total
project consumption of natural gas of 480,000 cubic feet per day. Electrical
consumption will increase 120,000 kilowatt hours per day for a total electrical
demand of 280,000 kilowatt hours per day.
The City General Plan and policies address reducing consumption of these resources
through policy statements contained in chapter 11. The project site is situated over
a geothermal resource which provides a unique opportunity to the developers of the
project site. The vast majority of the natural gas consumption at the site is used to
provide space heating, and the potential exists to offset the consumption of natural
gas resources, which are considered to be nonsignificant, through use of the
geothermal usage.
49. Tbe developer shall confer with the Clly Municipal Water Department regarding the ability
to utilize local geothermal resources for space heating and cooling. If Judged feasible by the
City and developer, the geothermal resource shall be developed and used at the site as an
eoe"lD' source.
The California Energy COmmission (CEC 1990) has reviewed energy resource
availability for California and determined that adequate electricity and natural gas
resources are available over the next ten years when the project will be developed.
Based on adequacy of commercially available energy resources, the proposed project
will not cause a significant adverse impact on the environment.
a.3/4. Water/Sewer: Water and Sewer service to this project is provided by the Oty of San
Bernardino Water Department. It is the responsibility of the Oty to provide water
and sewer service to developments within it's service area if adequate water supplies
and sewage treatment capacity are available.
29
o
o
distance the Mall features blend into the overall foreground view north towards the
San Bernardino Mountains. Uses with southern views of Blue Mountain occur north
of Inland Center Drive with 500-600 feet separation between buildings. As viewed
from Inland Center Drive the Mall is slightly depressed with CUrrent buildings not
extending above foreground views.
The project proposes "infilling" the reaches between the three major anchors with a
second story, and adding up to three additional major anchors upon completion of
all phases. Overall building heights would not exceed the CUrrent heights of the
existing anchor stores, estimated at 70-80 feet. Proposed construction will result in
increasing the overall building footprints and massing of structures on the project site
while retaining a perimeter surface parking area. None of the proposed buildings
will be constructed any closer than current building locations and will not result in
obstruction of their views, which are long range scenic vistas. Thus, the project will
have no significant impacts to existing scenic vistas in the valley.
12.b. The analysis of project aesthetic impacts upon the surrounding area needs to be
compared to the setting in which it is located. CEQA allows a Lead Agency to use
its own judgement in how it evaluate projects as well as providing guidance in the
determination of significance. Appendix G lists the following effects as normally
having a significant effect on the environment if it will,; (a) Conflict with adopted
environmental plans and goals of the community, (b) have a demonstrable substantial
negative aesthetic effect, (u) disrupt or divide the physical arrangement of an
established community.
T.Ile current developed setting in the portion of the City which surrounds the ICM
and adjacent commercial development provides a weak image, with poorly defined
districts and linkages to adjacent areas. Architectural treatments are generally
reflective of past and older styles which by most standards are less visually appealing
than new mall developments. The current development in and surrounding the ICM
can be best characterized as a remnant of past planning practices.
The City has initiated Redevelopment activities to enhance the visual setting of its
regional malIs. Redevelopment activities have resulted in the Carousel Mall
improvements, major streetscape installations in the downtown area. Other
renovation projects include complete new edge treatment and revamping of the
Orange Show Fairgrounds, particularly the street and intersection enhancements
along "E" Street south of Mill. The ICM has yet to undergo these types of
renovation and the proposed project provides an opportunity to achieve comparable
improvements in the visual setting at the project site. To assist the City in achieving
aesthetic enhancement of the project area, the following mitigation measure shall be
implemented.
50. Prior to lallialing the lirst phase of developmeat, the developer sball submit a more detailed
31
o
APPENDIX 3
o
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,
I
,
,
I
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I
I
TRAFFIC IMPACT STUDY
INLAND CENTER EXPANSION
SAN BERNARDINO, CALIFORNIA
.i
P1'.EP.ARED FOR
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DOnAlD fRISCHfR & RSGDCIRl fS
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VAH N\:YS. CALIFOl!NIA . 'l~Ol
816 175S.~578 213 la73.1S7r.
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DOHRlD fRI~CHfR t R~~OCIRTf~
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1..31 HAMLIN STREET
VAN NUYS. CALIFORNIA 91.01
818/785,1578 213/873,1578
September 6, 1991
~
General Growth Centers Companies, Inc.
Suite 525
15821 Ventura Boulevard
Enemo, California 91436
Attention: Mr. Richard C. Donavin, Vice President
Subject: Traffic Impact Study
Inland Center EzplUlBion
Gentlemen:
We are pleased to submit the attache:d report, Traffic Impact Study
Inland Center E:rpansion, dated September 6, 1991. In the report, we
have presented the results of a comprehensive study of the potential traffic
impaes that would be generated by two major phases of expansion of
Inland Center. We have submitted in a separate volume a Technical
Appendix containing detailed calculations and other references mentioned
in the report to those individuals who would have need for the
information.
Inland Center would be expanded from its current 883,829 square feet of
gross leasable area (GLA) to 1,279,130 square feet GLA in Phase 1. In
Phase n, another 250,000 square feet GLA would be added to the center
raising its size to a total of 1,529,130 square feet GLA. Two major depart-
ment stores and mall shops would be added in Phase I, and one major
department store would be added in Phase n.
TRAFFIC AND TRANSPDRTATION
r:N~Il\.'~""'",,,, ~.._ _
o
General Growth Centers Companies, Inc.
September 6, 1991
Page 3
o
With the implementation of major improvement projects being proposed
by others such as the improvements on Interstate Route 215 and the
extension of Central Avenue, there would be major changes in traffic
patterns in the vicinity of Inland Center. Although the effects of those
changes can not be considered at this time, it is likely that the results
would be positive.
The interconnection and coordination of traffic signals was found to be
feasible for the intersections that were studied on Inland Center Drive and
on E Street.
When Phase I is completed, the installation of a traffic signal would be
wlln'anted at the Inland Center driveway that is located midway between
the two existing signalized driveways at G Street and at Adell Street
We wish to acknowledge the excellent cooperation we have received from
Mr. Anwar Wagdy, City Traffic Engineer, and his staff during the study.
We will continue to be available to respond to comments and questions
regarding the study.
Very truly yours,
DONALD FRI5CHER &: ASSOaATES
\
.~
Donald Frischer, P. E.
Registered Professional Engineer
Traffic No. 44 . Civil No. 9141
o
c;
TABLE OF CONTENTS
Pa,.
INTRODUCTION..... .............................. ,........1
DATA SOURCES ......... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . " 5
EXISTING TRANSPORTATION FACILITIES . . . . . . . . . . . . . . . , . . . . " 6
PUBLIC TRANSIT.......... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . " 9
CURRENT TRAFFIC CONDITIONS..... ........................ 10
FtMMJ.RE TRAFFIC ~O~ ..........................15
ESTIMATED FUTURE TRAFFIC .. .. .. . .. .. .. .. .. .. . .. .. .. . '" 15
TRAFFIC IMPACTS AND ANALYSES. .... '" ... .. ... .. ..... '" 19
MITIGATION MEASURES ................................... 28
CONCLUSIONS ............................................ 30
TABLES
No.
1. INLAND CENTER EXPANSION - PHASE I .. . .. , .. .. .. .. .... 4
2. INTERSECTION LEVELS OF SERVICE ............,......, 14
3. ESTI'M.AT.ED INLAND CENTER TRAFFIC
A~GE lVE~AY.................,.,................ 18
FIGURES
1. VICINrrY MAP .. . .. .. .. . .. .. . .. .. .. , .. .. . .. .. .. . .. .. .... 2
2. SITE PLAN .. .. .. .. .. .. .. .. .. . .. .. .. .. .. .. . .. .. .. .. .. ... 3
3. CURRENT TRAFFIC YEAR 1991 ....... . . . . . . . . . . . . . . . . . .. 13
4. FtMMJ.RE TRAFFIC
WITHOUT INLAND CENTER EXPANSION YEAR 1993 ....... 21
5. FtMMJ.RE TRAFFIC
WITH INLAND CENTER PHASE I EXPANSION
AVERAGE WEEKDAY - YEAR 1993 .. . .. .. .. . .. . .. .. . .. .... 22
6. FtMMJ.RE TRAFFIC
WITH INLAND CENTER PHASE I EXPANSION
AVERAGE w~AY - YEAR 1998 . . . . . . . . . . . . . . . . . . . . . . . .' 24
7. FtMMJ.RE TRAFFIC
WITH INLAND CENTER PHASE I AND
PHASE n EXPANSION AVERAGE w~AY _ YEAR 1998 ... 27
IIIIII fllSrHIR t R~~orIRllt
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TRAFFIC IMPACT STUDY
INLAND CENTER EXPANSION
SAN BERNARDINO, CALIFORNIA
INTRODUCTION
Tnl.nd Center is an ezisting regional shopping center that is located in
the City of San Bernardino, California. The center is located within the
area bounded by Inland Center Drive on the northwest, Interstate
Route 215 Freeway on the southwest, and Lytle Creek Flood Control
Channel on the east. There are two bridges across Lytle Creek that
link the parking lot of Inland Center and E Street. (See Figure I,
VICinity Map, and Figure 2, Site Plan.)
General Growth Center Companies, Inc. has proposed the ezpansion of
the Inland Center. Based on architectural plans prepared by Altoon &
Porter, the ezpansion would be developed in two phases. In Phase I,
Inland Center would be ezpanded from its current 883,829 square feet
of gross leasable area (GLA) to 1,279,130 square feet GLA. In Phase n,
another 250,000 square feet GLA would be added to the center raising
its siz~to a total of 1,529,130 square feet GLA. Portions of the ezisting
center would be demolished and new buildings would be added. Two
major department stores and mall shops would be added in Phase I,
and one major department store would be added in Phase n. (See
Table I, Inland Center E:cpansion-Phase 1.)
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In Phase I, a three.level parking structure with approzimately
2,100 spaces would be constructed on the eastern part of the site and
another parking structure with 600 spaces would be constructed on the
southern part of the site to acco=odate the additional parking
demands that would be generated by the expansion.
In Phase n, two parking structures with a total of approximately
1,550 spaces would be constructed on the western part of the site to
acco=odate the additional parking demands that would be generated
in Phase n.
DATA SOURCES
Site plans for the proposed development were prepared by Altoon &
Porter Architects.
On June 4, 5, 6, 11, and 12, 1991, during the midday and aft.emoon
peak periods, vehicle turning movements at the eight selected inter-
sections were counted manually. On June 6, 7, and 8, 1991, daily
tra1lic volumes were counted automatically at the seven driveways of
the center. The traffic was counted by Newport Traffic Studies under
contract to Donald Frischer & Associates.
Intercity and local bus line schedules and route information were
obtained from Omnitrans.
Donald Frischer & Associates personnel investigated tra1lic operations
on the streets and freeway serving Tnl,ud Center and the surrounding
co=unity. Pertinent physical features of the ezisting street and
freeway system were recorded.
5
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Orange Show Road runs approximately east-west between a point
easterly of Arrowhead Avenue and the Orange Show Road Interchange
on Interstate Route 215 in the City of San Bernardino. Between the
interchange and Fairway Drive, the street runs approximately north-
south and is named Auto Center Drive.
Easterly of Interstate Route 215, Orange Show Road has two lanes in
each direction separated by a ~way left-turn lane. The curb'~b
street width varies between 72 feet and 75 feet. There are left-turn
lanes on both approaches to the intersection at E Street.
Parking is prohibited on both sides of the street.
E Street, a north-south major street, runs within the City of San
Bernardino between Kendall Drive (State Route 206) and Hunts Lane.
There are two lanes in each direction, separated by a two-way left-turn
lane.
The curb-~b width varies from 73 feet to 87 feet. There are left-
turn lanes on both approaches of the intersections on E Street at
Central Avenue-Inland Center driveway, Benedict Street-Inland Center
driveway, Mill StreetJ1nland Center Drive, and Orange Show Road.
The street is posted for a 4O.mile-per-hour speed limit. Parking is
permitted on both sides of the street.
H Street is a local north-south street that runs from Mill Street to
Inland Center Drive. The street is 40 feet wide from curb to curb and
has one lane in each direction. There are railroad crossing gates on the
approach of the intersection at Tnl.nd Center Drive. Parking is
permitted on both sides of the street.
7
DOnRID JRIIWR [ mnmm
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o
PUBLIC TRANSIT
Omnitrans provides transit service to the City of San Bernardino and
neigJ>horing cities.
Route 2 runs between the northern part of the City of San Bernardino
and the City of Colton. On weekdsys, service is provided at 45-minute
intervals from 5:25 a.m to 8:00 p.m. On Saturdays, service is provided
hourly from 8:00 a.m. to 5:50 p.m.
There are bus stops on both sides of Inland Center Drive north of Adell
Street-Inland Center driveway and southwest of Mill Street.
Route 17 runs between the City of San Bernardino and the City of
Red1ands. On weekdays, service is provided every 45 minutes from
5:45 a.m to 10:00 p.m. On Saturdays, service is provided at 45-minute
intervals from 7:30 a.m. to 6:30 p.m.
There are bus stops within the Inland Center, on both sides of E Street
north of Central Avenue, on the east side of E Street north of Mill
Street, and on the west side of E Street south of Mill Street.
Route 110 runs between the City of RiVerside and the City of Los
Angeles by way of the cities of San Bernardino and Ontario. On
weekdays, service is provided hourly from 4:00 a.m to 10:00 p:m. On
Saturdays, service is provided hourly from 6:00 a.In. to 9:20 p.m.
There are bus stops on both sides of Inland Center Drive north of
Inland Center driveway.Adell Street and southwest of Mill Street.
9
DDDRID fRII[WrR [ Rccnfllrlr
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3. Inland Center drivewav-Adel1 StreetJInland Center Drive
Three-phase traffic signal with northbound and southbound
protected left-turn phases
4. Inland Center drivewav-G StreetlInland Center Drive
Three-phase traffic signal with northbound and southbound
protected left-turn phases
5. E StreetlMill StreetlInland Center Drive (five-leI!" intersection)
Six-phase traffic signal with northbound and southbound protected
left-turn phases, northeastbound, eastbound, and westbound
separate phases
6. E Street/OJ""n.... Show Road
FOI.l'-phase traffic signal with northbound and southbound
protected left-turn phases, and eastbound and westbound separate
phases
7. Inland Center DriveIH Street-northbound Interstate Route 215
ramns
Three-phase traffic signal with northbound and southbound
protected left-turn phases
8. Inland Center Drive/southbound Interstate Route 215 ramDS
Three.phase traffic signal with southbound protected left..turnphase
11
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NOT TO SCALE
NUMBER OF VEHICLES
MicIdov Alutmoon
....t H...r ....t Hour
000 ..!!!!2..
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FIGURE 3
CURRENT TRAFFIC
YEAR 1991
"'LL 1TJIl1r'
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CITY OF SAN BERNARDINO PLANNING
AND BUILDING SERVICES DEPARTMENT DEVELOPMENT
CASE AGREEMENT NO
LOCATION
Ql_0
HEARING DATE
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AGENDA
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FUTURE, TRAFFIC IMPROVEMENTS
Interstate Route 215 Wid..nf"g and RecODStruCtiOD
The California Department of Transportation is pl.nnfng to improve
Interstate Route 215 between State Route 30 on the north and the San
Bernardino County line on the south.
Pl""H...;n."Y alternative designs which were prepared by Parsons
Brinckerhofr Quade & Douglas, Inc. (PBQ & D) were being considered
at the time this report was prepared. Additional alternatives will
probably be suggested for study, and no 1inal determinations regarding
the project will be made until sometime in the year 1992.
Central Avenue ExtensiOD
There have been studies of a concept to extend Central Avenue from the
east along the creek through the National Orange Show to an inter-
section at E Street, and then westerly along the south side of Inland
Center to Interstate Route 215. The studies are underway, and no
conclusions will be reached in the i=ediate future.
ESTIMATED FUTURE TRAFFIC
Growth 'li'affic
A growth factor offive percent compounded annually was applied to the
current traffic volumes (other than the TnlAnd Centertramc) to account
for tramc growth prior to the ezpected completion of Phase I and
Phase n of the Inland Center expansion. As recommended by the City
staJr, that tra1lic growth would include any future traffic generated by
other developments within the study area.
15
DDBRln IRmNlI r Ittnmtrr
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o
In Table 3 are estimates of the 24-hour, midday, and afternoon peak_
hour traffic volumes that would be generated by the Inland Center
expansion on an average weekday.
The estimated peak.hour traffic volumes that would be associated with
the expansion of Inland Center were assigned to the street and freeway
system based on current observable travel patterns and m;n;...um
travel times and distances. The average weekday midday and
afternoon peak-hour project traffic volumes at the selected intersections
are listed in the tables, Estimated Intersection Traffic Volumes, in the
T-hn;o:al Appendix.
Project Traffic, Peak-Month Weekday
Based on unpublished studies by Donald Frischer & Associates at
twelve shopping centers in California, it was determined that shopping
center traffic on a peak month weekday is approzimate1y 55 percent
higher than on an average weekday.
Based on data published by the Institute of Transportation Engineere',
Friday tra1lic for a shopping center of more than 300,000 square feet is
15.4-percent h;gJ>"" than average weekday traffic. Because the average
weekday trafiic for the project were based on the driveways traffic
counts recorded on Friday, the average JIe&k-month weekday trafiic
volumes were obtained by increu;ng the average weekday estimates by
40 percent.
The weekday midday and aft.ernoon peak-hour traffic volumes for the
peak-month at the subject intersections are listed in the tables,
Estimated IntersectiDn Traffic Volumes, in the T-hft;cal AppendiL
'matitu.. of'liuwportaticm EztsIneen, 5IJa U;1iGn Trip Gmewlion, Wublngtoh. DoC., 1991.
17
011I10 fRlmlR t Rmmm
o
o
TRAFFIC IMPACTS AND ANALYSES
Traffic impacts were evaluated for the following conditions for both the
midday and afternoon peak hours:
CODditiOD 1 Year 1991 traffic
CoDditiOD 2 Year 1993 traffic (Year 1991 traffic plus growth of five
percent compounded annually) without Phase I
ezpansion
CODditiOD 3 Year 1993 traffic (Year 1991 tra1lic plus growth of five
percent compounded annually), average weekday, with
Phase I ezpansion
CoDditiOD 4 Year 1993 traffic (Year 1991 traffic plus growth of five
percent compounded annually), peak-month weekday,
with Phase I ezpansion
CODditiOD 5 Year 1998 traffic (Year 1991 tra1lic plus growth of five
percent compounded annually), average weekday, with
Phase I ezpansion
CODditiOD 6 Year 1998 traffic (Year 1991 traffic plus growth of five
percent compounded annually), peak-month weekday,
with Phase I ezpansion
CoDditiOD 7 Year 1998 traffic (Year 1991 traffic plus growth of five
percent compounded annually), average weekday, with
both Phase I and Phase n ezpansion
CoDditiOD 8 Year 1998 traffic (Year 1991 traffic plus growth of five
percent compounded ..n'''',lly), peak-month weekday,
with both Phase I and Phase n ezpansion
19
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NUMBER OF VEHICLES
Middoy AI_on
_ Hour '.t Hour
lllIO .!!!!e.
· '- 1hon fiw .......
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FIGURE 4
FUTURE TRAFFIC
WITHOUT INLAND CENTER EXPANSION
YEAR 1993
DonRlD FR/5CUfR & R550C/RTf5
o
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Impacts With Phase I Expansion, Year 1998, Conditions 5 and 6
The volumes for Condition 5 are shown in Figure 6.
With Condition 5, six of the eight selected intersections would operate
at level of service E or better during the midday and aft.ernoon peak
hours. The exceptions would be:
The E StreetJMill StreetJlnland Center Drive intersection would
operate at level of service F during the midday and aft.ernoon peak
hours.
The E Street/Orange Show Road intersection would operate at level
of service E during the midday peak hour and level of service F
during the aft.ernoon peak hour.
With Condition 6, five of the eight selected intersections would operate
at level of service E or better during the midday and aft.ernoon peak
hours. The exceptions would be:
The E StreetlMill Street/Tnl..n(l Center Drive intersection would
operate at level of service F during the midday and aft.ernoon peak
hours.
The E StreetlOrange Show Road and Inland Center DriveIH Street-
northbound Interstate Route 215 ramps intersections would operate
at level of service E during the midday peak hour and level of service
F during the aft.ernoon peak hour.
23
111111 flIS[111 ( ISSI[IIIIS
o
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Impacts With Phase I and Phase n ExpBDBioD, Year 1998,
ConditiODB 7 and 8
The volumes for Condition 7 are shown in Figure 7.
With Condition 7, six of the eight selected intersections would operate
at level of service E or better during the midday and aft.ernoon peak
hours. The exceptions would be:
The E StreetlMill StreetJInland Center Drive intersection would
operate at level of service F during the midday and aft.ernoon peak
hours.
The E StreetlOrange Show Road intersection would operate at level
of service E during the midday peak hour and at level of service F
during the afternoon peak hour.
With Condition 8, four of the eight selected intersections would operate
at level of service E or better during the midday and aft.ernoon peak
hours. The exceptions would be:
The Tnl.no:J Center driveway-Adell StreetITnl....d Center Drive and the
E Street/Orange Show Road intersections would operate at level of
IlerVice E during the midday peak hour and level of service F during
the afternoon peak hour.
The E StreetlMill StreetJInland Center Drive and Tnl..nd Center
DriveIH Street-northbound Interstate Route 215 ramps intersections
would operate at level of service F during the midday and aft.ernoon
peak hours.
25
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NUMBER OF VEHICLES
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oonRlD FRISCHfR & RS50CIRIf5
FIGURE 7
FUTURE TRAFFIC
WITH INLAND CENTER
PHASE I AND PHASE II EXPANSION
.6VI:D^l!e we~.,I"'\"V "...._ ____
"tA,'''e .No '''.''S''O'''''',O'' . rlfcr"ctlts ""0 lI'UNHUS
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a
E StreetlMill StreetlIDland Center Drive
Based on the projections, the intersection would begin to operate at
level of service E during peak hours in the peak month of the year in
the year 1993 without the expansion of Inland Center. By the year
1998, the intersection would operate at worse than level of service E
during peak hours on average days without the expansion of Tnl.nd
Center. Mitigation measures that require street widening would not
- feasible within the ezisting right-of-way widths, and it would be
necessary to acquire right-of-way to widen any of the approaches to the
intersection. However, improvements in traffic conditions at the
intersection could be ezpected if and when other parallel streets are
built.
E Street/Orange Show Road
The intersection is ezpected to operate at worse than level of service E
in the year 1998 after the Phase I ezpansion (Condition 5). It appears
feasible to widen the west leg of the intersection-Orange Show Road
between the freeway and E Street--to reduce delays and improve levels
of service. The widening of approximately eight feet on the north side
and th:ee feet on the south side would result in dualleft-turn-only
lanes, two straight-movement lanes, and one right-turn-only lane.
Along with the widening, the traflic signal ph";Tlg could be changed to
reduce the delay for motorists.
As a result of the proposed mitigation, the operation of the intersection
would be improved to lnel of service E.
T..l....d Center DriveIH Street-northbound IDterstate Route 215
ramps
The improvement of the intersection would require s;p;ncant
reconstruction and right-of-way acquisition, neither of which appear to
be feasible at this time. Furthermore, Caltrans is pl.n...;ng to improve
freeway access, and it is likely that the interchange will be
reconstructed before the year 2000. No mitigation is reco=ende4 at
this time.
29
BORltD fllSCHEI t ISSICllrlS
~
o
.
APPENDIX 4
o
',.
o
,.:)
Barton~Aschman Associates, Inc.
, 75 North Fair Oaks Avenue
Pasadena, California 91109.1090
USA
Phone: (818)449-3917
Fax: (818) ~940
February 5, 1992
Mr. Richard Donavin
VICe President, New Business
General. Growth of California, Inc.
15821 Ventura Boulevard, Suite 525
EDcino, Califomia 91436
BE: INLAND CENTER MALL-VEHICLE MILES OF 77<<~
Dear Dick:
Barton-Asclunan Associates, Inc., is pleased to submit this letter report summarizing our
findings regarding the above-mentioned study. The PIlIJlO5e of this study was to determine the
reduction in vehicle miles (VMT) travelled due to the proposed expansion of the Inland Center
Mall and the capture of leakage trips from the vicinity of the In1and Center Mall to shopping
malls in other areas. The market research study for the Inland Center Mall shows a 12 percent
leakage of trips un1er existing conditions. The ]....hge trips are distributed as follows: 6
percent to Montclair Plaza, 4 percent to Tri-City Center, 1 percent to Riverside Plaza and I
percent to Tyler Mall.
The proposed expansion will add 645,301 square feet (total area = 1,529,130 square feet) to
the existing Inland Center Mall by the year 1998. The expansion of the mall will reduce the
vehicle miles of travel in two ways: (1) reduction in trip ntes and, (2) capture of leakage trips.
The reduction in trip rates is due to the fact that the expanded mall will have additional facilities
which will reduce the shoppg;i' need to go to other locations (i.e., increase in multi-pllIJlO5e
trips). Also, due to the increase in facilities at a near-by mall, shoppe.;i will no longer have to
travel to distant malls for these facilities, thus reducing the leakage trips. The market research
group of the Inland Center Mall estimates that 50 percent of the existing leakage trips would be
captured by the proposed expansion.
The summary of findings for the proposed expansion is presented below. The VMT calculation
worksheets are included in the Appendix to this report.
(6J
o
Barton-Aschman Associat.s, Inc.
'"'"\
V
Mr. Richard Donavin
February S, 1992
Page 3
In conclusion, our study shows that the proposed expansion of the Inland Center Mall will result
in a reduction of 47,100 VMI' daily. The reduction in VMI' results from both reduction in trip
rates and capture of l...hg~ trips.
We appreciate the OPPOrtunity to work on this project. If you have any questions, please do not
hesitate to call. We look forward to working with you in future.
Sincerely,
BARTON-ASCHMAN A$SOCIATES, INC.
Yvf~vJ1JJ---
Patrick A. Gibson
Senior Vice President
~AN-~~~
PaIamsothy lbananjeyan
Associate
~
PT:PAG:bjs
~-.u
, . , 0 , 0
INLAND MALL - VEHICLE MILES OF TRAVEL
Existing Mall (sf) - 883,829
Proposed Expansion (sf) - 645,301
Existing leakage (%) - 12 %
883,829
Existing Leakage Trips - X 100 . 883,829
100 - 12
- 120,522 SF
ACT & VMT CALCULATIONS
A WITHOUT EXPANSION
A1 AVERAGE DAILY TRIPS
DESCRIPTION AREA TRIP RA~ TOTAL TRIPS
(SF) (pER 1000'SF) (ADI)
Inland Mall 883,829 33.13 29,280
Other Malls-Local Malls 645,301 33.13 21,380
.Distant Malls 120,522 33.13 3,990
Total 1,649,652 54,650
A2 VEHICLE MILES OF TRAVEL
DESCRIPTION ADT TRIP LENGTH TOTALVMT
(VEH) (MILES) (VMT)
Inland Mall 29,280 3.3 96,625
Sub Total 29,280 96,625
Other Malls
Local Malls 21,380 3.3 70,555
--
Sub Total 21,380 70,555
Distant Malls
Montclair Plaza 1,995 25 49,875
Tricity City Center 1,315 5 6,575
Riverside Plaza 340 10 3,400
Tyler Mall 340 16 5,440
Sub Total 3,990 65,290
Total 54,650 232,470
'TOTAL VMT(per day) - 232,470
,
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DDHRLD FRISCHfR g RSSnCIRffS.
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V' c~ ....., . . ~.---cJ
-:.,"',~ ,-'- ~.;, City of San Bemardi."1O
;;.~:.~:-- 300 North D Slteet
San BemarcImo, CaIi!amia 9241B
'.:-'
14431 HAMLIN STREET
VAN NUYS. CALIFORNIA 91401
818.785.1578 2,3/873"571
April 14, 1992
,
Subject InIancI Center
Traffic: Impac:t Study
File No. 22S2-oA-oG
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Attention: ~ 0gb0mIa 1 Abmikwu,.
" ~soc:ialr Tmffic EDpneer
z::
-
Gentlemen:
The City of San Bemantino staff has requested. that we evalualr traffic:
operations at the inb.. -t'I :,.. of E Street/Mill Street/IDlaDd Center
Drive and E Street/Ozmge Show Road for the year 1998 traffic:
(year 1991 traffic: pIllS srowth of five pe1Ca,t compounded annually),
awrage weekday. wiIbaat Phases I and n of the !,....j.,,,. and. without
mitigation. They also ~ that the awrage weekday level of
HrVic:e results be sepualed &am the peak-month weekday results.
This is an addend1llll lID our ftpOrt. Trrzffic ImpIICt Sbuly Inland Center
Ezptnuilm, dated October 21, 1991, in leSJ^"'1Se to the abovementioned
zequests.
In the attached Tables A th.vugh D IIle republished the results of the
level oE aervic:e 8DIIlym that ~ published in Tables 4 and. 5 of OW'
'~J^"rt zeE..._.ced above. The average weekday results of the level of
HrVic:e analysis for the yars 1993 and 1998 IIle listed in Tables A and C.
1'l!5J>-ti >'ely. "",,,n_ly. the peak-month weekday results IIle listed in
Tables B and D.
'Ikaffic Operations
,E Street/Mill SlteetilDlad CeIIlI:r Drive
In the year 1998 on 8llnerage wrv-day. traffic: operations would be at
level of servicz F ciuziDg !be midday peak hour and level of ~ E
during ~ aItemoan peak hoar assuming that Phases I and n of the
hWmd Center ExpaMi\lll wouJd not be built and the aisting street
I)'Stan would DOt be imY''''...d. The calculations IIle included in the
attached 'fe<-Itn;cal Appaidix.
PA 11-01 ATTAtHM6NT C,
-RAF'F"C AN::J iPIlfo.!f:" ""'.......___
o
o
City of San Bernardino
April 14, 1992
Page 2
During the midday peak hour and with the aforementioned traffic
condition. the weighted average delay of 79 seconds per vehicle would
be worse than the weighted average delay of 51 seconds per vehicle that
would have existed with Phase I of the project and with the street
improvements recommended in our report (Condition 5 of our report),
and ~ than the weighted average delay of 53 seconds per vehicle
that would have existed with Phases I and n of the project and with the
street improvements recommended in our report (Condition 7 of our
report).
During the afternoon peak hour and with the aforementioned traffic
condition, the weighted average delay of 59 seconds per vehicle would
be worse than the weighted average delay of 46 seconds per vehicle that
would have existed with Phase I of the project and with the street
improvements recommended in our report (Condition 5 of our report),
and worse than the weighted average delay of 53 seconds per vehicle
that would have existed with Phases J and n of the project and with the
street improvements recommended in our report (Condition 7 of our
report.)
E Street/Orange Show Road
In (he year 1998 and on an average weekday, traffic operations would
be at level of service E during the midday peak hour and level of service
F during the afternoon peak hour assuming that Phases I and n of the
Inland Center Expansion would not be built and the existing street
system would not be improved. The calculations are included in the
attached Technical Appendix.
During the midday peak hour and with the abovementioned traffic
condition, the weighted average delay of 49 seconds per vehicle would
be worse than the weighted average delay of 42 seconds per vehicle that
would have existed with Phase J of the project and with the street
improvements recommended in our report (Condition 5 of our report),
and worse than the weighted average delay of 43 seconds per vehicle
that would have existed with Phases I and n of the project and with the
street improvements recommended in our report (Condition 7 of our
report).
DBnAID fRlSCHIR t R5SD[IRIIS
o
,,'
o
Cty of San Bemarclino
April 14, 1992
Page 3
During the afternoon peak hour and with the aforementioned traffic
condition, the weighted average delay of 63 seconds per vehicle would
be worse than the weighted average delay of 41 seconds per vehicle that
would have existed with Phase 1 of the project and with the street
improvements recommended in our report (Condition 5 of our report),
and worse than the weighted average delay of 42 seconds per vehicle
that would have existed with Phases I and n of the project and with the
street improvements recommended in our report (Condition 7 of our
report.)
Conclusion
On a weekday of an average month in the year 1998, assuming that
Phases I and n of the Inland Center Expansion would not be built and
the existing street system would not be improved, both subject inter-
sections would operate at level of service F during one of the peak
hours. 'fraffic: operations would be worse than those that would have
existed with Phase I or with Phases I ~ n of the project and with the
,street improvements recommended in our report.
Very truly yours,
DONALD FRISamR It ASSOCIATES
p~~
Bernard Brauner, P. Eo,
Senior Pluject Engineer
BB-MMO/njc:
Attach.
c:c: + attach.: Ric:hard C. Donavin
Kenneth C. Topping, AICP
John Jaquess
Carl F. Meyer, AlA
Mark A. Ostoich
John C. Olivier, P.E.
Tom Dodson
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001111 fIISCI[R C ASSDCIRlrs
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TECHNICAL APPENDIX
ADDENDUM. APRlL 14, 1992
CONTENTS
INTERSECTIONS
I. E StreetlMil1 StreetlInland Center Drive
n. E Street/Orange Show Road
TABLES
1 Comprehensive Analysis Program for a Single Signalized
Intersection, Average Weekday, Midday Peak Hour, Year
1998 Traffic, Without Phase I and Phase II Expansion
2 Comprehensive Analysis Program for a Single Sig7'.1i"ed
Intersection, Average Weekday, Afternoon Peak Hour, Year
1998 Traffic, Without Phase I and Phase n Expansion
DUBRIn IRIHR[R ! RmWHS
o
o
TABLE 1.1
CAP S S I - 8 5
INTERSECTION CAPACITY ANALYSIS
PER 1985 HIGHWAY CAPACITY MANUAL
City of San Bernardino
Year 1998 Traffic, Average Weekday, Without Phase I & Phase II Expansion
SOLUTION USING REQUIRED CYCLE TIME
LANE GROUPS
E St./Mill St./Inland Ctr CM 1 CM 2 CM 3 CM 4 CM 5
-------------------------
Peak 15 Min Flow (vph) 910 620 730 720 225
Saturation Flow (vph) 3600 5100 3600 3600 1700
Lost Times (seconds) 3.0 4.0 3.0 4.0 2.0
Relative Saturation - 'x' 1.01 0.96 1.02 1.00 1.04
Green Times (effective) 42 21 33 33 20
Movement Times 45 25 36 37 22
Minimum Times 10 10 27 23 10
Progression Adj. Factor 1.00 1.00 1.00 1.00 1.00
Average Delays (sec/veh) 72 74 81 77 117
Level of Service F F F F F
Av Queue l! start of green 32 25 28 27 10
Vehicles stopping (%) 100 99 100 100 100
Do Vehic'es Clear NO YES NO NO NO
Critical Movements - Weighted Av Delay (see) = 79 Level of Service = F
Whole Intersection - Weighted Av Delay (see) = 79 Level of Se rvice = F
ReQuired Cycle Length is 167 seconds
Intersection Capacity Utilization (ICU) = 1.01/F
1/?
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,:)
TABLE 1.1
CRITICAL MOVEMENT ANALYSIS
E Strel!tlMill StrutlInland Cerlter Drivl!
Year 1998 Traf~i~, Averape Weekday, Without Phase I & Phase II Excansion
Midday Peak Hour
-1---1----1----1-____1______ ,_____/
LEG I MOVEMENT' PEj:lK / Lj:lNE I SJ:lTURATION I VOLU/IIE/ , CRITICAL /
I I 15 MIN. 1 GROUP 1 FLDII I Cj:lPACITY J VOLU/llE1 I
1 / FLOW RATE' FLDII RATE/ 1 / CAPACITY ,
--------/------1----------1-------,------___,_______1______1
l'Iill St.IL I 250 / 250 1 1.700 1 0.15 / /
Ebd. IS 1 495 , 910 1 3,600' 0.25 1 0.25 I
I Rl / 95 1 1 1 0.00 1 I
IR2 I 320/ 0/ 01 0.00/ 1
--------1------1---------1_______1______/________,__________/
InlAnd ILl / 20 / 620 1 S, 100 I 0.12 I 0.12 I
Center IL2 I 270 1 I 1 0.00 / I
Dr. IR3 1 290/ 01 01 0.001 J
NEbd. IR4 / 40 1 / 1 0.00 / I
-----1-------1-------- J-----_I__~____ 1 ______1_______1
l'Iill St.IL3 / 190 1 190 J 1.700 I 0.11 / I
Wbd. IL4 1 105 1 105 1 1,700' 0.06 / J
IS 1 620 1 730 1 3. 600 , 0. 20 1 0. 20 I
1 R I 110 1 I I 0.00 I I
-------1--------1----------1----___1__________1__________1________--I
ESt.IL I 901 9011,7001 0.051 1
Sbd. IS 1 720 I 720 I 3,600 1 0.20 I 0.20 1
I R5 1 as I I I 0.00 I I
IR6 I 140 I 225 I 1,800 I 0.13 , I
-----1------1----1------1-----1-----1------1
ESt. IL5 1 65 I 225 I 1.700 1 0.13 / 0.13 I
Nbd. IL6 1 160 1 I I 0.00' 1 I
IS 1 895 / 895 I 3.600 1 0.25 I I
IR J 310 J 310 1 1.800 / 0.17 I I
-------1---------1----------1---------1---------1-_________/----------1
TOTAL VOL. leAJ:'. = 0.90
MOVEMENT:
FROM:
Ll
L2
L3
Lit
LS
L6
Rl
R2
R3
Rit
RS
R6
Inland Center Drive
Inland Center Drive
Mill Street
Mi 11 Street
E Strel!t
E Street
Mi 11 St reet
Mi 11 Str..t
Inland Center Drive
Inland Center Drive
E Street
E Street
TO:
l'Ii 11 Street
E Street
E Street
Inland Center Drive
Inland Center Drive
Mill Street
E Street
Inland Center Drive
Mill Street
E Strl!l!t
Inland Center Drive
Mill Street
o
()
TABLE 1.2
CAP S S I - 8 5
INTERSECTION CAPACITY ANALYSIS
PER 1985 HIGHWAY CAPACITY MANUAL
City of San Bernardino
Year 199B Traffic, Average Weekday, Without Phase I & Phase II Expansion
SOLUTION USING REQUIRED CYCLE TIME
LANE GROUPS
E St./Mill St./Inland Ctr CM 1 CM 2 CM 3 CM ~ CM 5
-------------------------
Peak 15 Min Flow (vph) 700 ~90 895 335 190
Saturation Flow (vph) 3600 5100 3600 1800 1700
Lost Times (seconds) 3.0 ~.O 3.0 ~.O 2.0
Relative Saturation - 'x' 0.94 0.88 0.95 1.00 0.9~
Green Times (effective) 28 15 35 25 15
Hovement Tilles 31 19 38 29 17
Minimum Times 10 10 27 23 10
Progression Adj. Factor 1.00 1.00 1.00 1.00 1.00
Average Delays (sec/veh) 55 56 50 81 79
Level of Service E- E-' E F F
Av Queue @ start of green 21 16 25 11 7
Vehicles stopping (t) 99 99 98 100 100
00 Vehicles Clear YES YES YES NO NO
Critical Movements - Weighted Av Delay (see) = 59 Level of Service = [-
Whole Intersection - Weighted Av Delay (see) = 59 Level of Service = E-
Required Cycle Length is 135 seconds
Intersection CapaCity Utilization (ICU) = 0.95fE
, I?
o
o
TABLE 1. 2
CRITICAL "OVEMENT ANALYSIS
E StrHt/Mill StrHtlInland C.nt.r Drive
Y.ar 1998 Traffi~, Av.rape Weekday, Without Phase I & Phase II EXDansion
Aft.rnoon Peak Hour
1---1 1----1----1-----1__1
LEG I MOVEMENT I PEAK / LANE: 'SATURATION' VOLlJIlIEI I CRITICAL
1 1 15 "'IN.' GROUP / FLOW 1 CAPACITY I VOLU/llEI
I 1 FLOW RATE 1 FLOI/ RATE 1 1 I CA,'ACITY I
1----/---- 1----- 1-----1____ 1 ______1
'lill st. IL 1 158 I 158 / 1.788 I 8.09 , I
Ebd. I S I 535 I 780 I 3, 600 / 0. 19 , 0. 19 1
, Rl 1 148 / I 1 €I. 00 I I
IR2 I 25 1 0 I 0 I 0.00 1 1
----1-------'-----1----------1--------1----------1_______1
Inland ILl 1 18 1 490 , 5,180 I 0.18 I 0.10 J
Center IL2 I 240 1 I '8.00 I ,
Dr. I R3 I 235 I 0 / 0 I 0.00 I 1
NEbd. I R4 I 5 1 / 1 0. 00 I I
1----1- 1-----1-------1------1____1
Mill St.IL3 I 175 I 175 1 1.700 I 0.10 1 I
Wbd. IL4 / 380 1 380 1 1,780 I 0.22 I J
IS I 880 1 895 I 3,688 I 0.25 1 0.25 I
'R I 95 I I I 0.00 1 1
----1- 1-----1 -- 1----1--------1-----__1
E st.'L I 55 I 55 / 1,700 1 0.03 I J
Sbd. IS 1 650 1 650 1 3.608 1 0.18 1 1
IRS I 2Z01 I 1 0.001 1
IR6 1 115 I 335 1 1.800 / 0.19 1 0.19 I
--I -I , -1---/____1_______1
ESt. 'LS , as / 190 J 1,700 1 0.11 / 0.11 1
Nbd. IL6 I 165 1 I 1 0.00 I I
IS I 845 , 845 I 3.600 I 0.23 I J
IR I 130 I 130 I 1,800 I 0.07 I J
----1-----1-----1------1-------1________1_________1
TOTAL VOL./CAP. . 0. B4
MOVEMENT:
FRO/ll:
Ll
L2
L3
L4
LS
L6
RI
R2
R3
R4
R5
R6
Inland Center Drive
Inland C~ter Drive
"'i 11 street
l'Ii 11 Street
E Str..t
E St,...t
I'Ii 11 Str..t
l'Ii 11 Street
Inland Center Drive
Inland Center Drive
E St,...t
E St,.e.t
TO:
/IIi 11 St,...t
E str..t
E Street
Inland Center Drive
Inland Cent.,. Drive
Mill Street
E Street
Inland Cent.,. Drive
/IIi 11 St,.eet
E Str..t
Inland Center Drive
/IIi 11 Street
o
.'
TABLE II. I
!""""\
V
CAP S S I
COMPREHENSIVE ANALYSIS PROGRAM
FOR A SINGLE SIGNALIZED INTERSECTION *
0-4-08-92
City of San Bernardino
Year 199B Traffic, Average Weekday, Without Phase I & Phase II Expansion
SOLUTION USING REQUIRED CYCLE TIME
E St./Orange Show Rd.
Midday Peak Hour
FLN:2252MF
Scena rio 10
Movement
Phase 1 - 29 secs
Phase 2 - 25 secs
Phase 3 - 20 sees
Phase -4 - 33 secs
Phase 5 - 0 sees
Phase 6 - 0 secs
Critical Hvmt-u
Peak 15 Vol -vph
Saturation -vph
Lost time -sec
Relative Sat 'x'
Effective Gr-sec
Hove Time -sec
Hin/Ped Time-sec
Prog Factor PAF
AvOelay/veh -sec
Level of Service
Av. 'Q'/ lane veh
Veh Stopping t
00 Veh Clear ?
..a_
575
2550
2.00
0.89
27
29
2-4
1.00
-40
0-
6
97
YES
EBT
X
620
2750
2.00
0.89
27
5
l.00
39
0-
14
97
YES
EBL
X
~<l
. .
570
1800
2.00
1.25
27
29
2-4
1.00
193
F
19
100
NO
EBR
X
I
,
I
I
....
925
3600
2.00
0.89
31
33
23
1.00
3-4
o
10
96
YES
SBT
x
2-40
1700
2.00
0.8-4
18
20
5
1.00
-46
E
6
97
YES
SBL
x
580
1800
2.00
0.59
58
60
23
l.00
13
B-
8
68
YES
SBR
X
x
.*.*
590
3600
2.00
0.76
23
25
25
1.00
33
o
7
9-4
YES
WBT
x
2-45
1700
2.00
0.67
23
25
5
1.00
33
o
6
9~'
YES
WBL
x
155
1800
2.00
0.-40
23
25
25
1.00
28
0+
-4
86
YES
WBR
x
700
3600
2.00
0.88
31
33
24
1.00
34
D
10
9S
YES
NBT
NBL
NBR
x
x
x
.a.a
-465
3200
2.00
0.86
IB
20
S
1.00
-42
E+
6
97
YES
215
Shrd
Whole Intersection - Weighted Av Delay (sec) = -49 Level of Service = E
Critical Hovements - Weighted Av Oelsy (sec) = 37 Level of Service = ~_
., ,. - Intersection Capacity Utilization (ICU) = 0.86
Required Cycle Length is 107 seconds (All Hinimum times are satisfied)
* CAPSSI (Release 10) - Based on Delay Hethodology Per 1985 Highway CapaCity Hanual
o
TABLE f 1.2
o
CAP S S I
COMPREHENSIVE ANALYSIS PROGRAM
FOR A SINGLE SIGNALIZED INTERSECTION .
04-0B-92
City of San Bernardino
Year 1998 Traffic, Average Weekday, Without Phase I & Phase II Expansion
SOLUTION USING REQUIRED CYCLE TIME
E St./Orange Show Rd.
P.M Peak Hour
FLN:2252PF
Scenario 10
f10vement
Phase 1 - 33 sees
Phase 2 - 32 sees
Phase 3 - 34 sees
Phase 4 - 37 secs
Phase 5 - 0 secs
Phase 6 - 0 sees
Critical Mvmt-u
Peak 15 Vol -vph
Saturation -vph
Lost time -sec
Relative Sat 'X'
Effective Gr-see
Move tillie -see
Min/Ped tillie-see
Prog Factor PAF
AvDelay/veh -sec
Level of Service
Av. 'Q' / lane veh
Veh Stopping t
Do \leh Clear ?
700
2850
::'.00
l.DB
31
33
24
l.00
93
F
II
100
-NO
EBT
X
......*
605
2450
2.00
1.08
31
33
5
1.00
97
F
20
100
NO
EBL
X
365
1800
2.00
0.89
31
33
24
1.00
53
E
11
97
YES
EBR
X
720
3600
2.00
0.78
35
37
23
1.00
39
0-
10
93
YES
SBT
x
170
1700
2.00
0.43
32
34
5
1.00
34
o
5
85
YES
SBL
x
645
1800
2.00
0.74
66
6B
23
1.00
24
C-
13
80
YES
SSR
X
X
-...
805
3600
2.00
1.01
30
32
25
1.00
68
F
12
100
NO
WST
x
255
1700
2.00
0.68
30
32
5
1.00
40
E+
8
92
YES
I ,
, ,
.')>> Intersection OversatUl-ated < < < <
WBL
X
95
1800
2.00
0.24
30
32
25
1.00
33
o
3
82
YES
W8R
x
,
I
,
,
a*.*
740
3600
2.00
1.01
35
37
24
1.00
63
F
14
100
NO
NBT
NSL
N8R
X
X
x
...*..
790
3200
2.00
1.05
32
34
5
1.00
79
F
12
100
NO
195
Shrd
Whole lntersection - Weighted Av Delay (see): 63 Level of Service: F
Critical Movements - Weighted Av Delay (see): 75 Level of Service: F
" ,. - Intersection Capacity Utilization (ICU): 1.04
Required Cycle Length is 136 seconds (All Minimum times are satisfied)
· CAPSSI (Release 10) - Based on Delay Methodology Per 1985 Highway Capacity Manual
'"
o ()
TOM DODSON & ASSOCIATES
444 N, ARROWHEAD AVE" SUITE 203
SAN BERNARDINO, CA92401
(714) 884-9700
June 2, 1992
Mr. Paul G. Scroggs
City of San Bernardino
300 Nonh "D" Street
San Bernardino, CA 92418
- ,-.. ... ~... .~~ I 1"
8 !~ r:1 '- : . "; I (1
~ I ,," .::~ '. . ... _ t'l
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Dear Paul:
. _~"'N.a~''''O
C:'...' e- ~.". J. ':. . . "'l.IG &
,- .."' .......~. ";.. "; a..:\.t"....
O~;'ki~: ,,,,.,. -..'"'~~~r "'c"':s
~l,,;;LCI:--... ~... --. -
In accordance with our discussions, I have fin" 1i7ed the responses to comment letters on the
Inland Center Mall Development Agreement. The responses contain information and
technical data that clarify traffic and air quality impacts, as requested by the SCAQMD and
the Caltrans. I have attached 15 mpies of the responses to comments, which when
combined with the Initial Study complete the review process for issuing a Negative
Declaration. H you concur with this amclusion, it would be appropriate to distribute them
to the ERC and \Te should be able to finalize this issue on June 11, 1992. I look forward
to your decision in this matter and please do not hesitate to call me if you have any
questions. '
~k
Tom Dodson
Attachments
cc: Richard Donavin
John Jaquess
Carl Meyer
Mark A Ostoich
Attachment "E"
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C C M A. I N C,
CAROUSEL
MALL MERCHANTS ASSOCIATION
October 19, 1992
The Honorable W. R. "Bob" Holcomb
Members of the Common Council
c/o San Bernardino City Clerk
300 North "0" Street
San Bernardino, CA 92418
RE: Item #32
Development Agenda #91-01
Inland Center Expansion Plan
Dear Mayor and Council:
Today you are being asked to approve a Negative Declaration for a 776,465 square foot
expansion of Inland Center as Item #32 on the Development Agenda #91-01 without
adequate information to determine the consequences of your act.
This is a project of major magnitude and significant potential impact, both positive and
negative, on this community, It is the largest scale, single commercial project in the City of
San Bernardino since 1972. It may be the largest project contemplated in this City since
the adoption of the National Environmental Protection Act (NEPA) and the California
Environmental Quality Act (CEQA). It is the type of project envisioned by both national and
state environmental legislation for full evaluation of potential adverse environmental impact.
You have not been provided with any information regarding the potential adverse economic
impact of this project. These are the most serious times of economic hardship that have
faced retailers since the days of the Great Depression, you are being asked to approve a
Negative Declaration without even considering any of the economic impacts on merchants
in the Highland Avenue retail corridor, the Baseline retail corridor, the Mt. Vernon Avenue
retail corridor, the new Westside Shopping Plaza, the 40th Street and State College
shopping areas, the retail portions of the Commerce Center, Tri-City and Valley Projects,
and last but not least, the downtown retail core. It is incomprehensible that you are asked
to approve a project of this scope immediately adjacent to the most active earthquake fault
in Southern California with ground water 10 feet below the surface level in an identified
liquefaction zone, and with no data whatsoever regarding economic affects on existing
businesses, and if those businesses are adversely affected, the economic impacts on the
City's tax revenues.
#3':0
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295 CAROUSEL MALL ' SAN BERNARDINO. CALIFORNIA 92401 ' (714) 889-1147 . FAX (7J4) 885,6893
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As our legislative leaders, you should take a pro-active role in supporting existing business,
In fact, a resolution from this Council supporting workers compensation reform to the State
Legislature would be helpful to all businesses in the City,
When Tyler Mall recently added a second level and major department stores to their center,
a Full Environmental Impact Report was required by the City of Riverside. Several years
back when Montclair Plaza double-decked and added major department stores, a Focused
Environmental Impact Report was required by the City of Montclair, The City of Moreno
Valley required an Environmental Impact Report for the Moreno Valley Mall and Towngate
Center Project plan, These facts have not heretofore been provided to you, Without the
data required by an Environmental Impact Report, there is no assurance that full public
knowledge of potentially adverse environmental impacts will be achieved, nor that you, as a
decision-maker, will have all the information available to you to make a sound decision,
You should not be asked to make decisions of this magnitude, which affect the public
interest, without full compliance with existing environmental law and complete knowledge of
the consequences of such action,
Therefore, I request that you continue this matter for a period of 90 days for staff to re-
evaluate whether an Environmental Impact Report should be required based on the
following findings of fact:
1, The expansion plan for Inland Center proposes 776,465 square feet of new retail
area within the City of San Bernardino.
2. Surrounding communities with projects of similar magnitude, such as Moreno Valley,
Riverside and Montclair, have all required Environmental Impact Reports,
3. A Negative Declaration for a project of this scope does not provide the same
opportunity for public comment and input as an Environmental Impact Report,
4, No economic analysis of potential affects on other business areas of the City was
done in support of the Negative Declaration. Therefore, inadequate information
currently exists on the potential adverse economic impact of this project on the
business community ' and the City of San Bernardino.
5, Alternatives to this project have not been adequately explored as would be required
with an Environmental Impact Report.
6, New geologic data essential to the design of this project was not available at the
time of the September 6, 1991 liquefaction report.
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We respectfully request that you consider the above information when making the far-
reaching decision that is before you,
Yours truly,
~
resident, Carousel Mall Merchants Association, Inc.
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