HomeMy WebLinkAbout07.C- Community Development
7.C
ORDINANCE (lD # 1470)
DOC ID: 1470
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Public Hearing
From: Margo Wheeler
MICC Meeting Date: 01109/2012
Prepared by: Aron Liang, (909) 384-5057
Dept: Community Development
Ward(s): 1
Subject:
An Ordinance of the City of San Bernardino Approving Development Agreement No. 11-02
Between the City of San Bernardino and Regal Cinemas, Inc. at the Project Site Located at 450
North "E" Street (DA No. 11-02) (FIRST READING)
Financial Impact:
Increased property tax and sales tax of an undetermined amount to accrue to the City.
Motion: Close hearing and layover Ordinance approving Development Agreement No.
11-02 and Development Code Amendment No. II-II concurrently.
In the event that the Mayor and Common Council should not adopt the
Ordinance approving Development Agreement No. 11-02 and Development Code
Amendment No. II-II concurrently, a separate Resolution has been prepared to
allow Development Agreement No. 11-02 for adoption. Please reference
Document ID Number: 1492.
Svnopsis of Previous Council Action:
None
Ownerl Applicant:
San Bernardino Economic Development Corp.
201 North "E" Street, Ste. 301
San Bernardino, CA 92401
Representative:
Lewis Brisbois Bisgaard & Smith LLC
650 East Hospitality Lane, Suite 600
San Bernardino, CA 92408
Back!!round:
On December 14, 2011, the Planning Commission recommended approval of Development
Agreement (DA) No. 11-02 and that the Mayor and Common Council adopt an ordinance
approving Development Agreement (DA) No. 11-02 and Development Code Amendment No.
II-II concurrently. The subject site is a former 20-screen theater complex located at 450 North
"E" Street in the CR-2, Commercial Regional-Downtown land use district.
The proposed agreement will grant Regal Cinemas Inc. the vested right to develop and modify
the former 20-screen theater complex into a 14-screen theater complex at the subject site
pursuant to the parameters established in the Development Agreement. The Development
Agreement will establish the terms under which development will occur and ensure that
Updated: 1/4/2012 by Linda Sutherland
I ~ paCke~ Pg. 306 I
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development on the subject site will be consistent and compatible through the implementation of
a comprehensive development plan. A more detailed description and analysis of the proposed
agreement is attached in the December 14, 2011, Planning Commission Staff Report (Exhibit I).
Planning Commission Recommendation:
After a lengthy discussion, the Planning Commission recommended approval of DA No. 11-02
and that the Mayor and Common Council adopt an Ordinance approving DA No. 11-02 and
Development Code Agreement No. II-II concurrently on a vote of 7 - 2 at their meeting of
December 14,2011. Comm;ss;onecs Eble, Coute, Durr, Heasley, Machen, Mulvihill and Rawls
voted in support of the motion and Commissioners Lopez and Jimenez voted against the motion.
The minutes of the Planning Commission Hearing December 14, 2011, are attached as Exhibit 2
for reference and are available from the City Clerk's office on CD for review.
California Environmental Quality Act (CEQA) Compliance:
Environmental Impact Report (SCH #2009111089) which fully analyzed all potential impacts
related to approval of the Redevelopment Project Area Merged Area A, which including
development of a downtown theater district and development of restaurant and retail pads in
compliance with CEQA requirements and Section 19.20.030 (6) of the Development Code was
certified by the Community Development Commission on December 20,2010. Findings of Fact
and a Statement of Overriding Considerations were adopted in accordance with guidelines for
the implementation ofCEQA as part of the EIR. The proposed development project which is the
subject of the development agreement is consistent with the Redevelopment Project Area
Merged Area A and the total buildable area described in the subject agreement area had been
previously analyzed as part of the EIR (SCH #2009111089). No additional building square
footage is proposed by the development agreement. No new environmental review is required.
EIR (SCH #2009111089) Section 2.1 Authority states: "This EIR has been prepared as a
Program ErR in accordance with CEQA Guidelines Section 15168, Which states the following:
A Program EIR may be prepared on a series of actions that can be characterized as one large
Project and are related either: (I) Geographically, (2) As logical parts in the chain of
contemplated actions, (3) In connection with issuance of rules, regulations, plans, or other
general criteria to govern the conduct of a continuing program, or (4) As individual activities
carried out under the same authorizing statutory or regulatory authority and having generally
similar environmental effects which can be mitigated in similar ways.
The Program EIR can provide the following advantages: (I) Provide an occasion for a more
exhaustive consideration of effects and alternative than would be practical in an EIR on an
individual action, (2) Ensure consideration of cumulative impacts that might be slighted in a
case-by-case analysis, (3) Avoid duplicative reconsideration of basic policy considerations, (4)
Allow the Lead Agency to consider broad policy alternatives and program-wide migration
measures at an early time when the agency has greater flexibility to deal with basic programs or
cumulative impacts, and (5) Allow reduction in paperwork.
Additionally, Section 15168 (c) (2) states: "if the agency finds that pursuant to Section 15162, no
new effects could occur or no new mitigation measures would be required, the agency can
approve the activity as being within the scope of the project covered by the Program EIR, and no
Updated: 1/412012 by Linda Sutherland
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7.C
1470
new environmental document would be required." The proposed agreement allows for the re-
tenanting of a vacant theater complex on a commercial property in need of revitalization and
rehabilitation. No new square footage will be added to the existing 80,000 sq. ft. theater building.
The environmental documents for EIR (SCH #2009111089) and Mitigated Negative Declaration
(MND) for CUP No. 97-01 are available online at www.sbcitv.org <http://www.sbcitv.org>.
Additionally, the disc containing the full recording of the December 14, 2011 Planning
Commission meeting is available to be picked up at the City Clerk's office or in the Community
Development Department for review.
Recommendation:
That the hearing be closed and that the Ordinance approving Development Agreement No. 11-02
and Development Code Amendment No. 11-11 concurrently be laid over for final adoption.
In the event that the Mayor and Common Council should not adopt the Ordinance approving
Development Agreement No. 11-02 and Development Code Amendment No. 11-11
concurrently, a separate Resolution has been prepared to allow Development Agreement No. 11-
02 for adoption. Please reference Document ID Number: 1492.
Attachments:
Exhibit 1: 12/14/11 Planning Commission Staff Report with all attachments:
Relevant Sections of the EIR (SCH #2009111089) distributed 12/14/11 (full
content on-line; see above)
Mitigated Negative Declaration for CUP No. 97-01 distributed 12/14/11 (full
disc available; see above)
Draft Minutes of the Planning Commission Hearing December 14, 2011
Development Agreement (4827-3676-5710.1)
Proposed Ordinance approving DA No. 11-02 and DCA No. 11-11
Exhibit 2:
Exhibit 3:
Exhibit 4:
City Attorney Review:
Supportinl! Documents:
Exhibit 1 - 12.14.11 Planning Commission Staff Report
Exhibit 1 - Relevant Sections EIR (PDF)
Exhibit 1 - MND CUP97-01 (PDF)
Exhibit 2 - 12.14.11 Minutes (PDF)
Exhibit 3 - FINAL SB EDC - Regal DA (PDF)
Exhibit 4 - Ordinance combine (PDF)
(PDF)
Updated: 1/4/2012 by Linda Sutberland
I-packet pg. 308
PLANNING COMMISSION STAFF REPORT
CITY OF SAN BERNARDINO PLANNING DIVISION
CASE:
AGENDA ITEM:
HEARING DATE:
WARD:
Development Agreemcnt No. 11-02
3
Dcccmber 14, 20 II
I
OWNER/APPLICANT:
San Bernardino Economic Development Corporation
201 North "E" Street. Ste. 301
San Bernardino, C ^ 92401
REQUEST/LOCA nON:
A proposed agreement betwccn the City of San Bernardino and Regal Cinemas, Inc. for
development of a 14-screen movie thcatcr in an existing structure locatcd at 450 North "E'"
Street, in the CR-2, Commercial Regional-Downtown land use district.
Project Assessor Parcel Number(s): 0134-131-26
OVERLAYS:
Main Street Overlay District
ENVIRO:'\MENTAL FINDINGS:
o Not Applicable
. Utilize Certified EIR SCH #2009111089
o No Signiticant Effects
o Potential EfTects, Mitigated Negative Declaration and Mirigation Monitoring and Rcporting
Program
STAFF RECOMME:\DATION:
1<1 Recommend Mayor and Council Approval
o Approval/Conditions
o Denial
o Not Applicable
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I Packet Pg. 309 I
7.C.a
DA 11-01
Decemher 14. 201 I
Page 2
PROJECT DESCRIPTION
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The applicant requests approval of a Development Agreement under the authority of
Development Code Section 19.40 and California Govemment Code Section 65864 for
development of a 14-screen movie theater in an existing structure located at 450 North "E"
Street, in the CR-2, Commcrcial Regional-Downtown land use district (Attachment A).
Chapter 19.40 Development Agreements and California Government Code Section 65864 et seq
authorize the City to enter into development agreements with private developers. Government
Code Section 65865 states: "any city, county, or city and county, may enter into a development
agreement with any person having a legal or equitable interest in real property for the
development of the property as provided in this artiele," Development agreements provide a
means to assurc certain development rights to project proponents, whIle assuring that adequate
facilities for the public bcne!it are built in conjunction with private development projects.
Development agreements must specify the duration of the agreement, and development
regulations for the project area, and may inelude temlS and conditions as agreed to by the
developer and jurisdiction.
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Government Code Section 65867 requires a public hearing by the planning agency for a
development agreement. Pursuant to Development Code Section 19.40.030 (5), the Planning
Commission shall review the Development Agreement for consistency with the General Plan,
the Development Code and that the agreement will promote the welfare and public interest of
the City
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LOCATION
Site
North
South
East
West
LAND USE
20-sereen theater complex
Retail Multi-tenant commercial
Carousel Mall and Parking
Caltrans District 8 Facility
Retail Multi-tenant commercial
GENERAL PLAN
CR-2, Commercial Regional
CR-2, Commercial Regional
CR-2, Commercial Regional
CR-2, Commercial Regional
CR-2, Commercial Regional
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SETTli\'G/SITE CHARACTERISTICS
The project site is the existing 20-screen thcatcr complex located at 450 North "E" Street, in the
CR-2, Commercial Regional-Downtown land use district.
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Additionally, the project site is located in the Redevelopment Project Area Merged Area A.
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CALIFORNIA ENVIRONMENTAL OCALITY ACT (CEQA)
An existing certified Environmental Impact Report (SCH #2009111089) was prepared and fully
analyzed all potential impacts related to approval of the Redevelopment Project Area Merged
Area A, which included activities to creale a downtown thcater district and development of
restaurant and retail pads in compliance with CFQA re4uirements and Section 19.20030 (6) of
the Development Code. Findings of Fact and Statement of Overriding Considerations were
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I Packet Pg. 310 I
7.C.a
VA 11-1i2
December /4. 20/ !
Page 3
adopted in accordance with guidelines for the implementation of CEQA. The proposed
development project which is the subject of the development agreement is consistent with the
Redevelopment Project Area Merged Area A and the total buildable area described in the subject
agreement area had been previously analyzed as part of the EIR (Serl #2009111089). No
additional building square footage is proposed by the development agreement. No additional
environmental review is required.
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. December 20,2010 - The Environmemallmpact Report (EIR / SCH ##2009111089)
was certified (Resolution No. CDC/201O-66).
. November 22, 20 II - the Economic Development Corporation Board of Directors
approved an agreement with Yavitz Companies Inc. to develop a portion of the theater
building for retail/commercial developments.
. November 29, 2011 - Application lor Planning Commission of thc Development
Agreement No. 11-02 was submitted.
. December 20 II - Applicant representative submitted letters regarding CEQA
requiremenB and requested adopting the proposed agreement by ordinance.
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BACKGROl!:\'D
ANALYSIS:
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. Regal will run and operate a multi-plex theater containing fourteen (14)
auditoriums,
. Regal will use and operate the theater as a first elass motion picture theater
. The term of the development agreement is the same as the term of the Regal Lease
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Development Agreement:
In attempting to revitalize the former 20-sereen theater complex in the downtown area, the
Economic Development Agency has been negotiating with Regal Cinemas Inc. Development
Agreement No. 11-02 will grant Regal Cinemas Inc. the vested right to develop and modify the
tanner 20-screen theater complex into a 14-scrccn theater complex at the subject site pursuant
to the parameters established in the Development Agreement. The Development Agreement will
establish tbe ternlS under which development will occur and ensure that development on the
subject site will be consistent and compatible through the implementation of a comprehensive
development plan. Attachment C provides a detailed analysis of the proposed development
agreement. The following are key points:
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General Plan and Development Code Consistencv:
The General Plan designation for the property on which the theater complex is located is CR-2,
Commercial Regional-Downtown land use district, which permits a diversity of regional-servmg
uses 111 the Downtown area including local and county governmental/administrative,
cultural/historical and entertainment, restaurants, supporting retail service and services.
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7.C.a
DA II~()]
December /4, 201/
Page 4
The proposed agreement is consistent with a number of General Plan policies and objectives Land
Usc Policy_2.2.1 promotes compatibility between land uses and quality designs. Land Usc Goal 2.4
encouragcs revitalization of propcrty to enhance the quality of life and economic vitality in thc city.
(joal 4.14 enhances and develops rccreational, cultural, entcrtainment, and educational facilitics
within the City and Policy 4.10.1 utilizes all available redevelopment agency/City lools to revitalize
and enhance strategic arcas of the City. The proposed agreemcnt will not only improve the
appearance of the site, but it will also contribute to the renewal of economic vitality of the area and
will be consistcnt with the above stated General Plan goals and policies.
TABLE A - DEVELOPMENT CODE CONSISTENCY
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The existing thealer eomplcx confomls to all Devclopment Code requircments, as shown in Table A.
I
'. CATEGORY PROJECT DEVELOPMENT CODE
I
~'m""d U" 14-sc reen In Compliance
Theater Complex
, Height 43 feet 1\0 defined Height LII11It
,
Setbacks
- Front Oto 10fect o feet
- Side o feet o feet
- Street o feet () feet
- Rt:ar o feet () feet
Landscape 51 % (68,285 sq. ft) 15 ~,'O minimum
17 shade trees and 34
palm trees
'.
Lot C overi:'lge 550;;, 100 % maximum
Parking 3,108 stalls 880 stalls
(CUP No. 97-01)
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The proposed agreement will not cause development that would be detrimental to the public
interest, health, safety, convenience, or welfare of the City. The proposed agreemcnt allows for
the re-tenanting of a vacant theater complex on a commcrcial property in need of revitalization
and rehabilitation.
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I Packet Pg. 312 I
7.C.a
[)A II-Ii]
Decemb(!r J 4. 2Ul'
Page 5
RECOMMENDA nON
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Staff recommends that the Planning Commission recommend approval of Development
Agreement No. 11-02 to the Mayor and Common Council and that the Mayor and Common
Council adopt an Ordinance approving Development Code Amendment No. 11-11 and
Development Agreement No. 11-02 concurrently.
Respectfully Submitted,
/1\ (/~1 <;:.
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Aron Liang
Senior Planner \
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Approved lar distribution:
M. Margo Wheeler, AICP
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Attachment A
Attachment B
Attachment C
Attachment D
Attachment E
Location Map
Development Agreement
Development Agreement Major Points
Applicant representative correspondence dated December 7 and 8, 2011
California Government Code Section 65864 - 65869.5
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I Packet Pg. 313 I
7.C.a
II
ATTACHMENT A - ZONING MAP
CITY OF SAN BERNARDINO
PLANNING DIVISION
PROJECT: DA No. 11-02
LOCATION MAP
HEARING DATE: 12/14/2011
COURT
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ATTACHMENT B
Recording Requested
By Jod Mail To:
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Clly of San Bernardino
300 North "0" Street
San Bernardino, CA 92418
When Recorded, Mad To:
Mr. James F. Penman, Esq.
Office of the City Attomey
City Hall, Sixth Floor
300 !\orth "0" Street
San Bernardino, CA 92418
DEVELOPMEl"T AGRD:MDIT
8ETWEEI'\
THE CITY OF SAl" BERNARDINO
Al"D REGAL CI;\;E\IAS, INC.
This Development Agreement between the City of San Bemardino and Regal Cinemas, Inc. (this
"Agreement") is entered into by the City: of San Bemardino. Calitumia, i1 municipal corporation (the
"City") and Regal Cinemils, Inc., a Tennessee corporation ("Rcaal"), and ror the limited purposes as
noted herein, the Redevelopment Agency of the City of San Bemardino, publiC body, corporate and
politic, (the "Agency") and the San Bernardino Economic Development Corporation, a Califomia nOI1-
profit corporation (the "SBEDC"). For good and valuable consideration, the receipt and sufficiency of
\vhich are hereby acknowledged, the City and Regal agrc~ as fo(lows:
1. RECITALS. This Agreement is entered into \vilh reference to the following:
1.1 The Lease. The SBEOC and Regal entered into a Lease Agreement (the "Lease")
effective as of the Effective Date (herernal\er detined in Section 1.11 Oflhis Agreement).
1.2 Property. SBEDC owns real property located at 450 North "E" Street in San Bernardino,
being described in the attached Exhibit "A" (the "Land." \vith the Land and the improvements thereon
referred to as the "Prooerty"). which Property IS part of the Thl:atre Square cntenainment and retail
project in downto\vn San Bernardino (the "Proiect").
1.3 Bulldini!. The Property is improvcd by a multi-pkx theatre constructed to contain twenty
(20) auditoriums (the "Building"), but which will be altered purslIant to the Lease to contain fourteen (14)
audilorilLIlls.
1.4 Theatre. Pursnant to the Lease, six (6) screens and auditoriums of the BUIlding shall be
separated from the remainder of the Building, leaving a t11ulti-plex theatre containing fourteen (14)
auditoriums (the 'Theatre"), and thereupon the Theatre will consist of fourteen (14) auditoliums and
related areas orthe Buildlllg.
\.5 Re~al. Regal has leased the Theatre from SBEDC pursuant to the Lease.
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1.6 Development A\!fCCment Purnose. The City and Regal have entered into this Agreement
to facilitate and encourage the pursuit and development of the Property, including alterations to the
Building on the Property, and to establish certainty mthc development process for Regal on the Property.
Regal desired certainty wilh respect to specific matters for it and SBEDC to pursue various work
assoctated with the development 01' the Property. The City desired to provide certamty through tillS
Agreement \\'ith respect La specific development criteria to be applicable to the Project in order to provide
for appropriate utilization of the Project in accordance with sound planning principles.
l.7 Code Authorization and Acknowleducments. The City affinns that it is authorized
pursuant to Callfomia Govemment Code Sections 65864 through 65869.5, (the "Callfonlla Development
A!..!reement Lcuislation") to enter into development abrreements \vith persons having legal or equitable
interests in real property Cor the purpose of establishing certainty in the development process. The City
enters into this Agreement pursuant to the California De\'elopment Agreement Legislation and pursuant
to City Code Chapter 19.40 (hereinafter defined).
1.7.1 The City alTimls that this Agreement constitutes a current exercise of the City's
police pow'ers to provide certainty to Regal in the developrnent approval process and the
development of the Property by vesting certain pennitted land uses and development criteria
described rn the Development Code (hereinal'ter defined) and certamother matters set forth in this
Agrecmcnt in exchange for significant public belldits the City would receive if the Project is
developed as provided in the Lease.
1.7.2 This Agreement is granted in considcmtion of Regal entering into the Lease and
of the S1gnrlicant public benefits that could be derived from the development of the Property,
lllcluding the development of thc Property acting as a potentially significant catalyst for the
development 01' other properties wllhrn the Central City ~orth (the "CCN") Redevelopment
Project Area within the City, as well as: (a) mitigating blight currently existing in sllch area. (b)
creating ne\\.' employment opportunities within the region; and (c) contributing to the expansion
and/or extension of public services and utilities. The City ackno\vledges that each of these
potential benelits independently provides suHkient public benefits to Justify this Agreement. The
City further acknowledges that a significant benefit arising from the Regal Lease on the Property
im:ludes the potential additional tJX increment revenues from the Propelty and the remainder of
the CCN redevelopment area in the City which could he more rapidly developed due to the
development oCthe Property.
1.8 General Plan Consistency. The Economic Development element of the General Plan
identifies the Property and the existing 13uilding as a siglllficant development 01' the Central City North
Redevelopment Project Area. Additional improvement of the Property, as t"acilitated by thls Agreement, is
consistent with the General Plan. as demonstrated by furtherance of the following General Plan goals and
policies: Goal 4.10 "Optimize existing redevelopment project areas to identify and pnoritize development
opportunitii:s."~ Policy 4.10.1 "Utilize all a\'ailable redevelopment agency/City tools to revitalize and
enhance strategic areas of the City."; Goal 4.14 "Enhance, maintain, and develop recreational, cultural,
entertainment, and educational facilities within the City."; Policy 4.14.2 "Seck and attract uses that foster
a hIgh level of evening aetivllY (e.g. theaters and restaurants)": and Policy 4.14,3 "Attract uses that
complement and intensify the Convention Center in downto\\.n San Bernardino. ll1L'iuding expanding
convention facilitlcs, hOlels, restaurants, theaters, and silllllar uses."
1.9 Develooment Al!reement Fll1dini!s. The City determines and affinns that this Ab,lTeement
is consistent with the City General Plan and the City Development Code and will promote the welfare and
public mteres! of the City. Further, upon occurrence of Lhe following events. the Counct! shall make the
following findings and shall confirm compliance with Ctty Code Chapter 19.40:
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1.9.1 Regal shall request and apply through the Director of the Cny's Commumty
Development Department (the "Director") to enter into this Agreement, and the Agency and
SBEDC shall have joined in such application;
1.9.3 Regal's application to enter into thi:s Agreement shall be made 011 fonllS
approved, and shall contain all infol111ation required, by the Director;
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1.9.2 Regal and the SBEDC shall have a legal or equitable ownership interest III
portions of the Property or the Project. and the Property exceeds 1\\'0 Jeres 111 size;
1.9.4 The status of Regal, the Agency, and the SBEDC as owncrs ot~ or holders of
legal or equitable interests in, the Property shall be established to the s<ltisfaction of the Director:
1.9.5 Regal's application shall be accompanied by the fee estabhshcd pursuant to
Chaplcr 19.32 (Application and Fees) and all other lawfully required documents, materials and
inttmllation which tee was paid by the SBEDC for the benefit of Regal;
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1.9.6 The Director shall receive, review and process Regal's application for
consideration by the Plannmg Commission of the City (the "Planllinu Commission"), and the
Council shall recommend that the Planning Commission and the Council <Jpprove Regal's
application and the City entering into of this Agrcement;
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1.9.7 Thc City shall comply with all rCLJ.uircl11cnts of the California Environment<:d
Quality Act and all other apphcable laws in the approval uf this AgreemenJ and adoptll1g the
Resolutlon (hereinafter detined).
1.10 P!Jnnin~ Commission and Common Council Hcarinus. On 20] 1, the
Pbnlling Commission, after giving the notice required by law, held a public hearing to consider the
application for adoption of this ^,bTfeemcnt. At the conclusion of the public hearing, the Planning
Commission recommended to the Councillhal this Agreement be adopted as proposed. On
20t 1, the Coull,il, after providing notice as required by la\v. held a public hCJring to consider the
41pplication for <.ldoption of [his Agreement. The Resolulion \1,'a5 adopted by the City in accordance \vith
the requirements and procedures set forth in Section ]9.40.030 of City Code Chapter 19.40, approving the
iJpplication for adoption of this Agreement, authorizing execution of this Agreement by the Mayor of the
City and setting forth findings (\vith supp0l1ing facts) referenced in Section 1.9 iJbovt:.
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1.9.H All other requirements under applicable law shall be satisfied by Regal or the
City \','ith respect to this Agreement.
1.1 I City Resolution. On
(the .'Resolution") approving this Agreement.
2011 (the "Effective Date").
, 2011, the Council adopted Resolution ~o.
The Resolution became effective on
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] .12 (',tv Code Chapter 19.40 Mandatorv Contents. The City amnns that tillS ^grcement does
contain the provisions required by Section 19.40.040 (1) of the City Code Chapter ]9.40, as follo\\'s
(paragraph references are to said Section 19.40.040 (I):
1.12.1 Duration .-.- see SectIOn 3.2 or this Agreement;
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1.12.2 Us~s, density, intensity, height and size - see Sections 3,3 and 3.4 of tIllS
Agreement;
1.12.5 Tiered Jmendmt:nl process ---- see Section 7.2 of this Agreement; <lnd
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1.11.3 1'\0 reservation or dedication of land for public puqJoses is contJlIlcd in this
Agreement;
] .12.4 No protection against fee increases - see Section 3.4.2(a)(it) of this Agreement:
1,12.6 Health and safety exceptIOn - see Scction 3A.2(b) of this Agreement.
1\'othing herein shall require Regal to detenninc or affinll whether this Agreement is in compliance \\.'ith
City Code Chapter 19.40. and Regal has made no such detennination or animlatlon.
2. CERTA!J\' DFFNITIOJ\:S. In this Agreement. unless the context requires otherwise (and in
addition to other ddined tcmlS in this Agreement):
2.1 "Citv Code ChaDter 19.40.' means Chapter 19.40 of the City Development Code in effect
as of the EtfectJye Date.
2.2
"General Plan" means the San Bernardino City General Plan 111 effect as of Ihe Effectiye
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Date.
2.6 "SRED(, Parcels" means all portinns of the Project owned by SllElJC that are located
outside the Property, as the SBEDC Parcels are shmvn on the map thnt is included as pnrt of Exhibit "^."
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2.3 "Assicnee" means a Person (a) to whom Regal (or an Assigm:e of Regal) expressly
assigns its rights and obligations under this Agreement and the Lease.
2.4 "Owner" means any Person that owns a parcel in the Property, including a leasehold
ownership interest, except for (0) any government oJ entity that owns merely a right-of-\vay, easement for
a right-of-way or utility easement, or (b) any utility company that owns merely an easement or a suh-
statIon or similar facility.
2.5 "Person" means any natural person, finn, association, organization, business trust,
partnership, joint venture, limited liability company, corporation, or other legal entity. including an)'
entity named in the coml11cncement clause of this Agrcement.
2.7 "SBEDC Acauired Parcels'. means any parcels that are part of, or adjoining, the Project
that arc acquired hy SBEDC afier the Effectivc Date, including any portJon of the real property shown on
Ihe map that IS IIlcluded as part of Exhibit "A" as being outside the SBEDC Parcels but which may be
later acquired by SBEDC.
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3, DEVELOPMENT OF THE PROPERTY; VESTED PROVISIONS
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3.1 City Code Chapter 19.40. ThIS ^greelllL'llt is subject to the prOVIsIons of City Codc
Chapter 19.40,
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3.2 Tenn. The term of this Agreement CTenn") shall commence 011 the Effective Date and
extend for a penod ending on the expiration or earlier tCllllination or the Lease; provided. however, that
the Teml of this Agreement shalll10t extend past the day that is the twenty (20) year anniversary of the
Effective Datt:.
3.3 Vested PrOVISions. Regal shall have the vested right to develop the Property in
accordance with the Development Code, as in effect as of the Effective Dale and the other provisions of
this Agreement and the Lea5e, including without limitation the provisions of Section 3.6 (the "Vested
ProVIsions"). All existing and future niles, regulations, ordinances, resolutions, and policies oflhe City as
applied to allY use or development of the Property shall b~ interpreted and enforced in a fnJnller
consistellt with the Vested Provisions.
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3.4 Chan1:!cs 111 the Vested Provisions. 1l1e Vested Provisions, including without limitation
the provisions of Sedion 3.6, 5h<:ll1 not be amended. changed Of modified III any mallnef by the City
through ,.Illy actIOn or the COllLlCil during the Tl:rm of this Agreement \vithout the prior expn:ss wTittc:l
consent of Regal having first being obtained. which written consent may be granted or denied by Regal at
the absolute and sole discretion of Regal.
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3.5 Joinder bv the SBEOC'. The SBEDC joins in thiS Agreement to subject the respech;e
parcels to this Agreement and for those parcels to receive the benetlts of this Agreement.
35.1 SBEDC suhJects the SHEDC Parcels to this Agreement.
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3.5.2 SBEDC suhjeets the SBEDC Acquircd Parcels to this Agreement.
(aJ The City has not adopted any "living wagc ordmance" that would be
applicable to the Regal tenancy or the Theatre or as to any other project
or site within the City of San Bemardino municipal boundaries. A
"living wage ordlllancc" within the meaning of this Agreement is any
requirement imposed by the City thm requires Regal to include any
component of wages or other form of compensation in the \vages or
benefits of Regal employees. The provisions or this Section slull remain
in full force and effeet li'om and after the Effective Dale and continue in
effect during the Tcnn of this Agreement (defined III Section ],2), \\,:ith
the result that no living wage ordinance as above-defined shall be
applicable to the Regal tenancy or the Theatre during the Term of this
Agreemenl. In the event any living wage ordinance is enacted on the
basis that it is mandated pursuant to any State or Federal law, rule or
regulation, <:ILld in the event slll:h living wage ordlllance IS unifonn]y
applicable across the State of Califorma, such shall not be deemed a
.'living wage ordinance" pursuarH to this Section 3,6(3). However. III the
event any liv1J1g wage ordinance is enacted on the basis that It ]s
mandated pursuant to any State or Federallu\v. rule or regulatIon. ;;md in
the event such living wage ordinance is not Llnilonllly applicable across
the Stale of Califomia, suc-h shal1 he deemed a "living wage ordini.11lce"
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3.5.3 All of the benelits of the Vested ProVisions and tl11S Agreement apply to all of the
Project (which lllcludes the Regal leased Parcel and the SBEDC Parcels) and all SBEDC
Acquired Parcels. as L:ovenants running \'lith the land.
],6 Other Citv ('ommitments,
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pursuant to this Seetion 3.6(a) and SBEDC shall reimburse Regal on a
monthly basis all additional costs incurred by Regal due to sHch living
wage ordinance, as provided 111 the Lease (including Regal's right under
the LCJse to offset stich costs against rent payable under the Lease).
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(b)
ror the TCJ111 of this Agreement (defined in Section 3.2). the City agrees
that it \\"iH neither entitle nor approve any other motion picture theatre
within the municipal boundaries of the City otherwise pe1111itted
pursuant to the Vested Provisions as contained Il1 Development Code
Chapter 1906 that has a seating capacity in any single motion picture
theatre (regardless of the number of auditoriums) equal to marc than 1\\'0
hundred (200) seats nor having any auditorium for the presentation of
recorded movie productions of a square footage grel.tcr than three
thousand (3,000) square feet, without the prior written consent of Regal
to bc granted or withheld in Regal's sole discretion. The City ond Regal
jointly agree that such limitation is 111 the best interests oCboth panies to
enable the Theatre to gain market acceptance in the Inland Empire
Region based upon the prior investments of publie funds by the SBEDC
and the City in the Property and thc property leased to Regal under the
Lease.
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3.7 Re~ol Commitments. The provisiuns of this Section sholl remain in full force and effect
from ~llld after tbe Effective Date and continue in effect during the Term of this Agreement (defined in
Section 3.2 to he coterminous with the Lease). Regal commits to (i) LIse and operate the Theatre as a first
class lllotlUll picture theatre <JS part of a systcm of motion picture theatres operated by Regal and its
subsidiaries and affiliates), (ii) not sacrifice the profits of the Theatre in an effort to n:vitalize any other
business opcratlons of Regal or any othcr subsidiary or affiliate thereof (with the understanding that
profits from the Theatre v..'il1 not be segregated or otherwise maintained separately from the profits of
other motion picture theatres and businesses of Regal and its subsidiaries and affiliates), l.md (iii) 3bide by
tbe terms of the Leose.
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4. PERlODIC REVIEW
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4.l Time of Rcview. This Agreement shall be reviewed by the City at least once a year III
accordance with Colifomia Govel11ment Code Section 65865.1, on or betore the anniversary date of the
recordation of thlS Agreement, in order to ascertain the good l'ailh compliance by Regal \....,ith the tenns of
this Agreement. Upon request by the City, Regal shull submit an Annual :v1omtoring Rt:port
demonstrating its good faith compliance with the terms of this Agreement within thirty (30) calendar days
after written notice [rom the City of the date of thl.: review to be conducted by City. [<'ollowing any slIch
review, the Cily shall notify Regal III writing within thirty (30) calendar days of its determination as to
compliance or noncompliance with the ten11S of the Agreement. The annual revie\v procedure set forth
herein ,:llld ill Government Code Section 65865.1 shall be applicable during the Ten11 of this ^h-'Tccment.
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4.2 b:lure to Conduct Pcnodle ReView. In the event the City farls to conduet the periodiC
review. such [allure shall not be deemed approvol by the City of Regal's good faith compliance with the
terms oftbls Agreement. and tbe City may undertake an independent review of Regal's performance since
the date of the last annual review, or as of the EITceti\'e Date. as applieable. unless Regal shall have
suhmitted an Annual Monitoring Rep0l1 to the City demonstrating its good faith L'ompllance with the
tem1S of this Agreement nOl\vithstanding the lack of notice from the City as provi<-kd in Section 4.1
above. III the event the City hus not taken action to accept or n.:jL:L't such Annllal V1onitoring Rcport within
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ninety (90) calendar days after receipt, Regal shall then be deemed to have complied 111 good faith with
the terms of this Agreement.
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4.3 Cost of Periodic Review. The SIlEDC shall pay to the City the actual cost incurred by the
City in conducting any sllch periodic review U~ provided in Sections 4.1 and 4.2 above. The actual cost of
sHch rcvic\v 511;:111 be based upon the City fee structure then in effect, including thl: salaries and reasonable
costs and expenses of the Office of the City Attorney or any other CXpCl1S and other legal cOLlllsel retained
by the Omee of the City Attorney with respect tu such review. The SBEDC shall submit the review (ees
concurrently \vith submission of the Annual Monitoring Report pursuant to Sections 4.1 and 4.2 abm'e if
such a publ1shed applicable fee structure then IS in effect and shall also submit a deposit for the estimated
City fees (if a sd amount is not specified in a published fee st:hcdule) and the estimated salaries and
reasonable costs and expenses to be incurred by the OCtice of the City Attomey promptly after receipt 01'
such cstimJte froll1the City.
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5.] Events of Default. A default under this Agreement shall be deemed to have occurr~d
upon the happel11ng of Olle or more of the following events or cunditlOlls:
5_1_1 A wan-anty, representation, or statement made or furnished by Regal to the City
in or under this Agreement is false in any material respect when it was made.
5.1.2 A good faith finding and dcternltnation by the City made following a periodic
review under the procedurc provided for in C'alifomia Governmcnt Code Section 65865.1 and
Section 4.1 above that upon the basis of substantial evidence Regal has not complied in good
faith with one or more of the tenns or conditions of lhis Agreement.
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5.1.3 Any other act or omission by the City or Regal that brcJches or materially
interferes With :my orthe tem1s of this Agreement.
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5.2 Procedure upon Default. l<ei(her the City nor Regal may exercise any remedies with
respect to an event of default referenced in Section 5.1 above unless the party claiming a default by the
other party gives a written notice to the alleged defaulting party specifying the event of default and sllch
event of deCault IS 110t cured within the applicable Cure Period (hereinafter defined). The term "Cure
Period" as llsed herein means (a) with respect to an event of detault that reasonably can be cured within
thirty (30) calendar days, the period of thirty (30) calendar days following the rcc~ipt of such \vritten
debult notlce, and (b) with respect to an event of default that cannot reasonably be cured within thiny
(3U) calendar rial's, and rf efCorts arc commenced to cure such default Within thirty (30) calendar days
following rhe receipt of such written defmIit l1otit:c, the period reasonably required to complete sllch cure
with dtligent prosccutiOI~.
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5.3 Remedies. ln the event Regal shall be in default under this Agreement, and aCter all Cure
Periods have been exhausted. the City as its sole remedy may (erminate this Agreem~nt and the Lease
upon delIvelY of a notice of termination to Regal, which llo(ice of termination shall be effective as to the
ten11111:1tlOn of thLS Agreement \vithin thirty (30) calendar days atter rel:eipt by Regal if sllch default
remains uncured. In the event any party other than Rt:gal shall be In defauh und~r thiS Agreement, all
remedies, at law or in equi(y, shJII be available to Regal with respect to such default. l\ol\vithstanding
anything 111 this Agreemem to the contrary. the acts of one Owner of a parcel within the Property shnJ1 no(
affect the rights under this ^gre~l11ent with respect to allY other parcel within the Property.
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5.4 RESERVED
6. PROTECTION or MORTGAGE HOLDERS.
6.1 Protection of MOfti!aUe llolders. Regal and the City agree that this Agreement shall not
prevent or limit Regal (or any Ow'ner). in any manner, at Regal's (or such O\vncr's) sole discretion, from
encumbering the Property or any portion thereof or any improvement thereon (owned by Regal or any
other O\vner, as the case may be) by any mortgage, deed of trust or other security device securing
financing WLlh respect to such Property. The City acknowledges that the lenders providing such financing
("Mort~aQees") may require certain Agreement interpretations. Accordingly, the City agrees, upon the
\vritten request of Regal (or the applicable Owner), to meet from time to lime with Regnl and
representi.ltives of sllch Mortgagees to negotiate in good faith any such request lor interpretation. The
party 111Jking slLch request shall be obligated for the payment or reimbursement to the City of all costs
lIlcllrred by the City directly related to this provision to meet and negotiate any stich requests for
interpretation and. upon request by the City, shall make a cash-equivalent deposit in an amount of sLlch
costs as reasonably estimated by the City in advance of the City entering into such negotiations. The City
will 110t unreasonably wi(hhold its consent to any such requested interpretation, prov1ded such
interpretation is consistent with this Agreement. Any Mortgagee of all or any portion orthe Property shall
be entitled to the following rights and privileges:
6.1. J Neither entering into this Agreement nor a breach of this Agreement shall defeat,
render invalid, diminish, or impair the lien of uny mortgage on all or any portion of the Property.
6.1.2 lfthe City timely receives a \vritten request from a .Mortgagee requesting a copy
of any notice of default that may be given to Regal under the tenllS of this Agreement, the City
shall provide a copy of that notice to the Mortgagee within one (I) Business Day after scnding the
notici? of default to Regal. The M0I1gagee shall have the right, but not the obl1gation, to cure (he
ctctJult during the remaining curc period allowed such party under this Agrecment.
6.1.3 Any Mortgagee who comes into possession of all or any portion of the Propel1y,
pursuJnt to foreclosure of the mortgage or deed of trust, or deed in lieu of such foreclosure, shall
take the Property or part thereof subject 10 the tenllS of this Agreement, including the right of the
City to tenninate this Agreement in the event that a default under this Agreen1cnt by Regal is not
cured during the cure periods provided in Sections 5.2 and 5.3 above. Notv....jthstanding any other
provision of this Agreement to the contrary but subject to the immediately preceding sentence, no
Mortgagee shall have an obhgation or duty under this Agreement tQ perform any of Regal's
obllgations hereunder or to guarantee such performance.
7. GENERAL PROVISI()~S.
7.1 Assi\!l1ment. 0rothing m this Agreement affects Regal's or any other Owner's rights to
own, transfer, conveyor encumber all or any portion of the Property O\vncd by Regal or such other
O\\/l1er. Regal (or an Assignee) shall have the right to assign, \vithout the consent of the City, a1\ or part of
its rights Jnd nbligi.ltiolls under this Agreement to a Person who is an Assignee. LpOll the i.lssignment of
thls Agreement to a RcgJI Assignee, (a) the assignor (Regal or an Assignee, as the case may be) shall be
released from this Agreement when (i) "witten notice of such assignment 1S given to the City, and (ii) the
Assignee assumes in \\-Titing the obligations or Regal under this Agreement with J copy thereof dcl1\'ered
to the City, :.ll1d (b) the tenll "Regal" as lIsed in this Agreement shall meun slH.:h Assignee. 1\!o other
Owner shall lIJ.ve allY right to assign this Agreement or any rights thereundcr.
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7.2 Amendment or TCn11ination of this Agreement. Except as provided in Section 5.3 above
(for termination as a remedy for an uncured default), this Agreement may be amended or temlinated v,.:ith
respect to any parcel withLl1 the Property only by \\'Tinen agre~ment signed by the then current Owner or
sLlch parcel and the City after approval by the Council (and, as to the Theatre, by Regal or its AssIgnee),
\vithout the necessity of the joinder of any other Person; provided, however, any' amendment or
tcmlination of this Agreement shall not be effective with respect to uny parcel in the Property or with
respect to the rights under this Agreement of any Owner unless the Owner of such parcel or the Owner
whose rights arc so affected also is a signatory to such amendment or termination. 111 order for any SlIl.:h
amendment or tennination to be effective, it must be adopted by the City by resolution as set forth in the
Cali[omia Development Agreement Legislation and must be 111 fonn suitable for recording in the OtTici<:l1
Records or San Bemardino County, Cali!omia, In accordance wLth CHY Code Chapter ]9.40, the
procedure for an amendment to this Agreement shall be a tiered amendment review procl:durc <:IS follO\vs:
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(a) proposed amendments that are development related (such as affecting
uses, density, height, coverages, or setbacks) must be submitted to the
Planning Commission of the City for recolllmendation for approval or
non-approval and then forwarded to the Council for determination, ;)t the
Council's discretion, of approval or non-approval, with the COLlncil not
being bound to accept the Planning Commission rccolTlInembtion; ;md
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all other proposed amendments must be approved hy the Council at its
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7.3 Hold [larmless. Regal shall defend, mdemnify and hold hannless the CLty and the
Agency. the SBEDC, their officers, elected otlicials, attorneys, departments, bOJrds, commissions,
employees and agents (collectively, tile "Citv/Agenev!SBEDC Indemnified Parties") rrom any daLIn,
actions or proeeedmg against the City! Ageney/SBEDC Indemnified Parties to attack, set aSLdc, \'oid or
annul th1S Agreement on the basis that Regal did not have authority to enter into this Agreement ("Regal
Indemnitv CbUll"): and Regal shall reimburse the City/Agency/SBEDC Indemnified Partics for any court
costs and attomey's fees \-vhieh the City/Agency/SBEDC Indemnitied Panies may be required by a court
to pay as a result of a Regal Indemnity Claim. At its sole discretion, the City, the ^gency. and/or the
SI:3EDC may pJfticipate at its own expense in the defense of any slIch Regal Indemnity Claim, but SLlch
parlLcipatioLI shall LIot relteve Regal of any obligation imposed by this Section 7.3.1. The City, the
Agency, .:mdior the SBEDC shall notify Regal promptly of any Regal Indemnity Claim and cooperate
rLIlly in the defense, Regal, the City, tlte Agency, andior the SI3EDC shall jointly select legal counsel to
represent the City. the Agency, and/or the SBEOC in any sHch Regal Indenmity Claim. The City, the
Agency, and/or the SBEDC, \vithout Regal's written consent, shall not settle any Regallnde1l11lity Claim
that is subject to the indcllll1lty under this Section 7.3.1. If during thc proceeding a settlement demand is
made and Regal is \\,jlling to satisfy the scalement demand and the City, the Agency, and/or the SHFDC
rejects such settlement dCIllJnd. Regal's indemnIty obligation in this Section 7.3.1 shall from that point
forward not exceed the amollnt of the settlement demand. Nohvithstanding ony language to the contrary
111 this Section 7.3.1 ur elsewhere in this Agreement, Reg"l shall have no indemnity obligations to the
City/Agency/SBEDC Indemnified Parties for claims thaI arise from or arc alleged to arise from (i) the
negligence or willfulmisconcluct of any o1'thc CityiAgencylSBEDC lndemnitied Parties, or (ij) any costs
or legal expenses that arise from :.lIlY suil or action commenced by any of the Clty/Agcne)'/SBLDC
lndcmni tied P3rtles.
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7.4 Bindinl! Effect. Except to the extent otherwise provided in this Agreement, the burdens
of this Agreement bind, and the benefits of this Agreement inure to, th~ City'~ and Regal's respectIve
successors in interests and assigns, including as provided in Section 3.5.3 above and in Section 7.5 helow.
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7.C.a
7.5 Rel<.ltionshio of the Citv and Re1!<lL Third Party Beneficiaries. The contractual
relatlOllslup between the City and Regal (and any other signatory to this Agreement) arising out of this
Agreement is one of independent contractor and not agency. Nothing in this Agreement shall be constmed
as making the City and Regal (or any other signatory to this Agreement) jOlnt venturers or partners. There
are no thlrd party beneficiaries of this Agreement, and this Agreement does not create any third-p:J.rty
beneficiary rights; provided, ho\vever, (a) the provisions of this Agreement regarding JL'\"elopmt:'llt fights
applicable to the Property shall apply to and be enforceable by any Owner with respect to the portIon of
the Property owned by such Owner, and (b) an Owner has the fights set fonh in Section 7.2 of this
Agrccmcnl regarding amendment and tenninatioll of this Agre~mcnt.
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7.6 Notices. Any notice to be provided or permitted under this Agreement shall be in wntll1g,
signed by the pany giving such notice and sufficlently given jf hand deltvcrcd, delivered by an ovemight
mes.senger/dclivery service or mailed by registered or certified mail. postage prepaid, retum receipt
requested, addressed as set forth below. Such notices, ir delivered (i) by hand. shall be deemed given
\\'hen delivered, (ii) by an ovemight messenger/delivery service, shall be deemed given upon delivery or
one (1) Business Day (hercinnfter defined) ancr the sending of sllch notice, \'./hlchever occurs earlier, ~lI1d
(iil) by mail, shall be deemed given tive (5) Business Days after depOSit in the L.S. 111atl. Notice that
starts the running of any cure period and that is delivered on a non-Business Day shall be deemed
delivered on the next following Business Day if left at the notice address or the next Business Day on
which it is rcdehvered if it is not left at th~ notice address.
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The nallles and addrC5S of those representatives of each party to v./hich notices shall be scnt are:
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If to City, to:
With a copy to:
And a copy to:
If to Regal, to:
With a copy to:
City of San Bernardino
300 North "D" Street
San Bernardino, C A 92418
Attention: City Manager
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Timothy J. Sabo
Lewis, Brisbois, Bisgaard & Smith, lLP
650 East Hospitabty Lane. Suite 600
San Bernardino, CA 92408
SBEDC
20t North 10 Street, Suite 301
San Bcmardino, California 92401
Ann: Emil A. Marzullo
Regal Cinemas, Inc.
7132 Regal Lane
Knoxville, 'renncssee 37918
Attn: Real Estate Department
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Herbert S. Sanger, Jr., Esq.
Wagner, Myers & Sanger, P.C.
1801 first Tennessee Plaza
Knoxville, Tennessee 37929
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Such addresses shall be subject to change from time to time to such other representatives or addresses as
tllJY be specified in written notice given by the intended recipient to the sender in uCCOrdJl1Ce \.....ith this
Section 7.6.
10
Packet Pg. 324
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7.C.a
7.7 Estoppel CertifIcates. ^t the request of either party, the other party, wlthm tlllfty (30)
calendar days atter receipt of such request, shall ce111fy in writing tl131, to the best of its knowledge. (a)
this Agreement is in full force and effect in accordance \\lith its terms and IS a binding obligation of the
ccrtJ Cying party, (b) this Agreement has not been amended or modi tied, except as is expressly stated in
that estoppel certitieate, and (c) no default 111 the perronnance of the requesting party's obltgations as
provided in this Agreement exists, except as expressly stated in that estoppel certificate.
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7.8 Rules of Construction. '111e singubr includes the plum]; 1he Inasculine gender includes
the feml11ine: "shall" is mandatory; "may" 1S permissive. The word "inc1udlI1g" as llsed btrein shall be
deemed to mean "including, but not limited to." A "Business Day" is J day other than a Saturday,
Sunday or City holiday.
7.10 [nCOfPOratlon of Recitals and Exbibits. The recitals set forth m Seetloll I of tillS
Agrccment and exhibits referenced in this Agreement arc incorporated in and part of this Agreement.
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7,9 Entire Al!reement and \Vaivers. This Agreement constitutes the entlre understandll1g and
agreement of the City and Regal with respect to the matters set forth in lhis Agreernent. This Agreement
supersedes all negotiations or previous agreements bel\vCen the City and Regal respecting this
Agreement. An waivers of the provisions of this Agreement mLlst be in writing and SIgned by the
appropriate authorities of the City and Regal.
7.11 Caotions. The captions of this Agreement arc for convenience and reference only and
shall not define, expbin, modify, construe. limit, amplifY or <..lid in the interpretation, construction, or
me:ltllllg of uny of tbc prO\'isions of this Agreement.
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7.14 Reeord111~. The City Clerk shall cause a copy of this Agreement to be recorded with the
Office of the County Recorder of Sun Bemardino ('ounty, C<1lifomia, within ten (10) calendar days
following the execution of this Agreement.
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7. I 2 Consent. Wbere tbe consent or approval of the City or Regal is required in or necessary
under this Agreement, such consent or approval shall not be unreasonably' withheld, delayed, or
conditioned.
7. I 3 Covenant of Cooperation. The City and Regal shall cooperate, deal \VlIh, and assist each
other in good f:lith in connection with the perfonnance of the pro\'isions of this Agreement.
7.15 SeverahilIty. Every provision of this Agreement is and shall be construed to be a separate
and inckpendent covenant. \Vithout limiting the generality or the foregoing, if any pnwlsion of this
Agreement is found to be invalid or unenforceable for any reason, then the remainder or this Agreement
shall not be affected and shall be enforced to the extent permitted by law and the partics shall negotiate in
good faith for such amendments to this Agreemenl as may he necessary to achieve 115 ll1tent.
Ilutv..'ithstallding sllch llwalidity or unenforccability.
7.16 Further Actions. Whenever and as often as it is requested to do so by the other party, each
party shall execute, acknmvledge and deliver or cause to be executed, acknowledged or delivered, any and
all such tl.lt1her documents as may be reasonably necessary, expedient or proper 111 order to ul:bicve the
intent of this Agreement.
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7.17 Intcmretatlon and GOVCn1111g Law. This ^greemcnt and any dispute aris111g hereunder
shall be go\"emed and interpreted in accordance WIth the laws of the State of Call1imlla.
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7.18 SBEDC No Longer Party, At snch time that tile SBEDC no longer owns any portion or
the Project. the SBEDC shall no longer be a party to this Agreement. At reqnest of elther Regal 01' the
City. SBEDC shall provide written contirmation of Its nonownership position in recordable form
reasonably acceptable to the SBEDC', provided. however, the fumishing of such written confimlution is
not required as a condition to SBEDC no longer being a pal1y to this Agreement, as such automatically
occurs upon such non-ovdlership as reflet:tcd in the Official Recording of San Bemardino County.
California. Nothing contained herein shall prevent the SI3EDC from selling. conveying, or otherwise
mortgaging all or any interest of the SBEOC in the ProJect.
ISIC'/ATURE PACt: FOLLOWS I
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Packet pg. 326
7.C.a
IN WITNESS WHEREOF, this Agreement has been executed by the City of San Bernard1l1o,
acting by and through its Mayor and Common Council, pursuant to Resolution No.
authorizing slIch execution, by Regal Cinemas, Inc., and by the San Bernardino Economic Development
Corpon..ltion.
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Dated this _ day or
,201
C[TY
CIty orSan Bemardino
REGAL CINEMAS, 1;\1C
Regal Cinemas, Inc.
a Tennessee corporation
By:
By:
Name: Patnck 1. Morns
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Title: Mavor
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City Clerk
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Approvcd as to fonn and Legal Content:
By:
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City Altomcy
SBEDC
San Bemardino Economic Development Corporation
a Caliromia non-profit corporation
AGENCY
Redevelopment Agency
of thc City of San Bcrnardino,
a public body, corporate and politic
By:
Patrick J. Morris
President
[n111 A. Marzullo
Interim Executive Dir~ctor
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APPROVED AS TO fORM:
APPROVED AS TO fORM:
Counsel
Agency Counsel
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Packet Pg. 327
7.C.a
EXHIBIT A
PROPERTY
AP!'i 0134-121-26-0000
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LeQal Description - MN 0134-12]-26-0000
Parcel No. 1 of Parcel Map 15038 in the City of San Bernardino, COllnty of San Bernardino, State of
California, as per plat recorded in Book 186 of Parcel Maps. Pages 14 and IS, records of said COllnty.
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Paci(e(tg~.329
EXHIBIT B
VESTED PROVISIO"lS
The following ponions and provisions oflhe Development Code are the Vested Provisions:
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Amendment to Development Code Chapter 19.06 - Commercial Districts. Table 06.01 - Commercial
Districts List of Permitted Uses as amended on .20]
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I 7.C.a
ATTACHMENT C
DEVELOPMEI\T AGREEMEI\T
The DA is between City of San Bemardmo and Regal Cinemas, Inc., a Tennessee corporation ("Rega]")
and for limited purposes the Redevelopment Agency of the City of San Bernardino and the San
Bernardino Economic Development Corporation.
The SBEDC and Regal is entering into a Lease With Regal to run a 14-screen cinema located at 450
North "E" Street in San Bernardino.
SBEOC owns the rea] pruperty, which is the former 20-screen multi-plex theater, located at 450 North
"E" Street in San Bernardino.
Pursuant to the Lease, Regal will operate a mu]ti-plex theatre conlaming fourteen (14) auditoriums.
The DA is to facilitate and encourage the pursuit and development of the theater, including tenant
improvements, and to establish certainty in the development process for Rega] on the Property.
The DA is granted in consideration of Regal entering into the Lease and of the signilieanl public benellts
that could be derived hom the development of the Property. Acting as a potentially signilleant catalyst
for the development of other properties within the Central City North (the "CCN") Redeve]opment
Project Area within the City, as well as
(a) mil1gating blight currcntly existing in such arca
(b) creating new cmployment opportunities within the region; and
(c) contributing to the expansion and/or extension of public services and utilities.
The tenn of this Development Ah'Teement ('Term") shall commence on the Effective Date and extend for
a period ending on the expiration or earlier tenmnation of the Lease
Rega] shall have the vested right to develop the Property in accordance with the Development Code, as in
effect as of the Effective Date and the other provisions of the DA and the Lease, including without
limitation the provisions of the "Vested Provisions."
The Vested Provisions shall not be amended, changed or modi lied in any manner by the City through any
action of the Council during the Term of this DA without the prior express written consent of Regal
havmg first being obtained, which written. consent may be granted or denied by Regal at the absolute and
sole discretIOn of Regal.
The SBEDC joins JI1 this OA to subject the respective parcels to thIS DA and for those parcels to receive
the bendits of this OA.
All of the benellts of the Vested Provisions and the DA apply to all 01' the Project (which includes the
Regal leased Parcel and the SBEDC Parcels) and all SBEDC Acquired Parcels, as covenants running with
the land.
The Cily has not adopted any "living wage ordinance" that would be applicable to the Regal tenancy or
the Theatre or as to any other project or site within the City of San Bernardino municipal boundaries.
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ll.doex Ip~~~et Pg. 331
A "living wage ordinance" withm the mcaning of this DA is any requircment imposed by the City that
requires Regal to include any component of wages or other fornl of compensation in the wages or benefits
of Regal employees.
The provisions of this Section shall remain in tull force and effect from and after the Effective Date and
continue in effect during the Term of this DA with thc result that no living wage ordinance as above-
defined shall be applicable to the Regal tenancy or the Theatre during the Term oflhls DA.
In the event any living wage ordinance is enacted on the basis that it is mandated pursuant to any State or
federal law, rule or regulation, and in the event such living wage ordinance is uniformly applicable aeross
the State of California, such shall not be deemed a "living wagc ordinance."
Howcvcr. in the event any living wage ordinance is enacted on the basis that it is mandated pursuant to
any State or Fcderallaw, rule or regulation, and in the event such living wage ordinance is not uniformly
applicable across the State of California, such shall be deemcd a "living wage ordinance" and SBEDC
shall reimburse Regal on a monthly basis all additional costs incurred by Regal due to such living wage
ordinance, as proVided in the Lease (including Regal's right under thc Lease to offset such costs against
rent payable under the Lease).
For the Term of this DA the City agrees that it will neither cntitle nor approve any other motion picturc
theatre withm the municipal boundaries of the City otherwise permillcd pursuant to the Vested Provisions
as contained in Dcvelopment Code Chapter 1906 that has a seating capacity in any single motion picture
thcatre (regardless of the number of auditoriums) cqualto more than two hundred (200) seats nor having
any auditorium for the presentation of rccorded movie productions of a square footage grcater than thrcc
thousand (3,000) square fect, without the prior written consent of Regal to be !,'fanted or withheld m
Regal's sole discretion. The City and Regal Jointly agree that such limitation is in the best interests of
both parties to enable the Theatre to gain market acceptance in the Inland Empire Region based upon the
prior investments of public funds by the SBEDC and the Crty in the Property and the property leased to
Regal under the Lease.
Regal commits to
(i) use and operate the Theatre as a tirst class motion picture theatre as part of a system of
motion picture theatres operated by Regal and its subsidiaries and at1iliates),
(ii) not sacrifice the protits of the Theatre in an effort to revitalize any other business operations
of Regal or any other subsidiary or affiliate thereof (wilh the understanding that profits from
the Theatre wrll not be segregatcd or otherwise maintained separatcly from the protits of
other motion picture theatres and businesses of Regal and its subsidiaries and affiliates), and
(iii) abide by the terms of the Lease.
This D^ shall be rcviewed by the City at least once a year in accordance with California Government
Code Section 65865.1, on or before the anniversary date of the Etlectivc date of the lease and the SBEDC
shall pay to the City thc actual cost incurrcd by the City in eonductmg a periodIC review.
The DA may be amended or tcrminated with respect to any parcel withm the Property only by wntten
agreement signed by the then current Owner of such parcel and the City atier approval by the Council
At such time that the SI:lEDC no longcr owns any portion of the Projcct, the SBEDC shall no longer be a
party to this DA. At request of either Regal or the City, SBEDC shall provide written contlrnlation of its
nonO\V11ership position in recordable form reasonably acceptable to the SBEDC, provided, howcver, the
furnishing of such written confirmation is not required as a condition to SBEDC no longcr being a party
to this DA, as such automatically occurs upon such non-ownership as reflected in the Official Recording
7.C.a
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11.docx
CommDcv 11-28-
I .Packet Pg. 332 .'
t' 'l),."II'r,.,m~ ;m.J S~ltiTl~,li""JC.u(L..,.~1 S~lI01IJ;"T'''lJX'f;lfY lm<:mct r;b,Cunt~1\1 u'lIk",'~,'K(,I'f.lln.1\Oulline of DA for
of San Bcrnardino County, California. Nothing contained herein shall prevent the SBEDC from selling,
conveying, or otherwise mortgaging all or any interest of the SBEDC in the Project.
EXHIBIT A
PROPERTY
AP~ 0134-121-26-0000
Legal Description - MN 0134-121-26-0000
Parcel No. 1 of Parcel Map 15038 in the City of San Bernardino, County of San Bernardino, State of
California, as per plat recorded in Book 186 of Parcel Maps. Pages 14 and IS, records of said County.
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11.docx I Packet ",g. 333
I 7.C.a
ATTACHMENT D
LEWIS BRISBOIS BISGAARD & SMITH LLP
MEMORANDUM
Attorney Work Product Doctrine
TO:
Paul J. Beck
FROM:
Timothy J. Sabo
DATE:
December 1,2011
RE:
Regal Lease - CEQA Requirements
FILE NO.:
25424-15
The San Bernardino Economic Dcvelopment Corporation ("SBEDC") intends to lease
rcal property to a private entity (Regal). The lease provides for the renovation and use of an
existing theater building. It also provides that Regal must comply with all CEQA requirements
before obtaining the discretionary approval ora public agency for a project. We have been asked
whether the SBEDC needs to Wldertake environmental review of the lease prior to execution
pursuant to the California Environmental Quality Act (Public Resources Code sections 21000
through 21111 ["CEQA"]). Based upon the facts provided, it does not appear that environmental
review is necessary for this transaction.
The SBEDC is a non-profit private corporation that is not part of or controlled by the
Redevelopment Agency. CEQA applies only to "discretionary projects proposed to be carried
out or approved by public agencies." (CEQA ~ 21080(a).) "Public agencies" includes only
"political subdivisions" of the state or localities, including redevelopment agencies. (CEQA ~ ~
21062,21063,) If the lease were being made or approved by the Redevelopment Agency, the act
of leasing the property would be a project subject to CEQA environmental review. However,
since the lease is being undertaken by a private entity without need for approval by a public
agency, it is not a project. The only potential "projtK,1" with respect to this property would be a
development agreement to be entered into and/or a conditional use permit ("CUP") for four
restaurants to be issued in the future. Sinee those are projects and the lease is not a project, entry
into the lease cannot be considered "project splitting." We have found no authority to support
the proposition that the Agency's initiation of negotiations for the lease before the March, 2011
transfer of the property to SBEDC makes the lease a "project" under CEQA and therefore
subject to a "project splitting" analysis.
The development agreement and thc CUP may require environrm.'ntal review as required
by CEQA. In this case, after consideration and research, we believe that the Merger A EIR
addresses the then-known or anticipated CEQA impacts of the Development Agreement and
Cl"rP for four restaurants, As a program ErR, that document was designed and intended to
address subsequent projects.
4811-3584-5390.1
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I... Packet Pg. 334 .1
LEWIS
BRISBOIS
BISGAARD
& SMITH LLP
650 East Hospitali1y Lane, Suite 600
San Bernardino, California 92408
Telephone: 909.387.1130
Fax: 909.387.1138
www.lbbslaw.com
ATTORNEYS AT LAW
TIMOTHY J.5ABO
DIRECT DIAL: 909.381.7187
E-MAIL: SABO@LBBSLAW.COM
December 8, 2011
Margo Wheeler
Director of Community Development
City of San Bernardino
300 North "0" Street
San Bernardino, California 92418
Re: Adoption of Regal Develonment Agreement
Dear Ms. Wheeler:
After preparation of the staff report, and based on discussions, we would like to make a
suggestion regarding consolidation of processing of the Regal Development Agreement and
adoption of the Redevelopment Code amendment a~sociated with that Development Agreement. Of
cour~e, we make this suggestion subject to your expertise.
As we read the law, Development Agreements in the City of San Bernardino are proC\-'Ssed
pursuant to State law (Gov!. Code Section 65864, et seq.) and Section 19.40 of the Development
Code. Section 19.40 provides that when thc City Council has approved a Development Agreement
Application and a Development Agrccment has been prepared, it will be adopted by a resolution
which contains ccrtain findings.
In this instance, the Development Agreement will be accompanied by a Development Code
revision adopted by ordinance. State law allows a Development Agreement to be adopted by
ordinance as well as by resolution. (Gov!. Code Section 65867.5). Therefore, we suggest that you
consider recommending the adoption of the Development Agreement by using the same ordinance
as that whieh amends the Development Code. In addition to the Development Code amendment,
tbat ()rdinance would contain all the findings and other requirements set out in Section 19.40. An
ordinance is a higher level of legislative enactment than a resolution, and may be used instead of a
resolution. (See, for example, Midway Orchards v. County of Butte (1990) 220 Cal. App. 3d 765).
Wc will be happy to provide you with further information or di~cuss this v.ith you.
ATlAN1A. LJ~AUJv\ONT. Cl-V\.qESION' CHlO\GO' DALLAS' FORT ~DERDALE' HOUSiON . LAFAYFm. tASveGAS -lOSANG(lES' Nl:WO~LFANS
NEWYOI<<' NEWAAK' QRANC[ COU\I1Y . PHOENIX' SACR.AJv\:NIO' w.l BERNARDINO' 5A.N lJIEGO' ::AN FRANCISCO . TAMPA' TUCSON
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I Packet Pg. 335
7.C.a
Margo Wheeler
December 8, 2011
Page 2
Very truly yours,
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However, in the event you do nol wish to adopt one ordinance, Section 19.40 confirms that
the Development Agreement may be adopted by a resolution which makes certain findings and
which is subject to referendum, (Midway Orchards, supra).
Thank you again for your continuing assistance.
~~
Timothy J. Sabo of
LEWIS BRISBOIS BISGAARD & SMITH LLP
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4821-42GO-9422.1
I Packet Pg. 336 I
CA Codes (~ov:65864-65869.5)
Page I ~ 7.C.a
ATTACHMENT E
GOVERNMENT CODE
SECTION 65864-65869.5
65864. The Legislature finds and declares that:
(a) The lack of certainty in the approval of development projects
can result in a waste of resources, escalate the cost of housing and
other development to the consumer, and discourage investment in and
commitment to comprehensive planning which would make maximum
efficient utilization of resources at the least economic cost to the
public.
(b) Assurance to the applicant for a development project that upon
approval of the project, the applicant may proceed with the project
in accordance with existing policies, rules and regulations, and
subject to conditions of approval, will strengthen the public
planning process, encourage private participation in comprehensive
planning, and reduce the economic costs of development.
(c) The lack of public facilities, including, but not limited to,
streets, sewerage, transportation, drinking water, school, and
utility facilities, is a serious impediment to the development of new
housing. Whenever possible, applicants and local governments may
include provisions in agreements whereby applicants are reimbursed
over time for financing public facilities.
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65865. (a) Any city, county, or city and county, may enter into a
development agreement with any person having a legal or equitable
interest in real property for the development of the property as
provided in this article.
(b) Any city may enter into a development agreement with any
person having a legal or equitable interest in real property in
unincorporated territory within that cityts sphere of influence for
the development of the property as provided in this article. However,
the agreement shall not become operative unless annexation
proceedings annexing the property to the city are completed within
the period of time specified by the agreement. If the annexation is
not completed within the time specified in the agreement or any
extension of the agreement, the agreement is null and void.
(c) Every city, county, or city and county, shall, upon request of
an applicant, by resolution or ordinance, establish procedures and
requirements for the consideration of development agreements upon
application by, or on behalf of, the property owner or other person
having a legal or equitable interest in the property.
(d) A city, county, or city and county may recover from applicants
the direct costs associated with adopting a resolution or ordinance
to establish procedures and requirements for the consideration of
development agreements.
(e) For any development agreement entered into on or after January
I, 2004, a city, county, or city and county shall comply with
Section 66006 with respect to any fee it receives or cost it recovers
pursuant to this article.
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65865.1. Procedures established pursuant to Section 65865 shall
include provisions requiring periodic review at least every 12
months, at which time the applicant, or successor in interest
I, Packe(!"g~ .337
httn'/lw,uw 1~"il1fn 0:1 "nv/o"i_hil1irli!;nlaveode')section=gov&~roup~65001-66000&file=... 12i0712011
CA Codes (gov:65864-65869.5)
thereto, shall be required to demonstrate good faith compliance with
the terms of the agreement, If, as a result of such periodic review,
the local agency finds and determines, on the basis of substantial
evidence, that the applicant or successor in interest thereto has not
complied in good faith with terms or conditions of the agreement,
the local agency may terminate or modify the agreement.
65865.2. A development agreement shall specify the duration of the
agreement, the permitted uses of the property, the density or
intensity of use, the maximum height and size of proposed buildings,
and provisions for reservation or dedication of land for public
purposes, The development agreement may include conditions, terms,
restrictions, and requirements for subsequent discretionary actions,
provided that such conditions, terms, restrictions, and requirements
for subsequent discretionary actions shall not prevent development of
the land for the uses and to the density or intensity of development
set forth in the agreement. The agreement may provide that
construction shall be commenced within a specified time and that the
project or any phase thereof be completed within a specified time.
The agreement may also include terms and conditions relating to
applicant financing of necessary public facilities and subsequent
reimbursement over time.
65865.3. (a) Except as otherwise provided in subdivisions (b) and
(c), Section 65868, or Section 65869.5, notwithstanding any other
law, if a newly incorporated city or newly annexed area comprises
territory that was formerly unincorporated I any development agreement
entered into by the county prior to the effective date of the
incorporation or annexation shall remain valid for the duration of
the agreement, or eight years from the effective date of the
incorporation or annexation, whichever is earlier. The holder of the
development agreement and the city may agree that the development
agreement shall remain valid for more than eight years, provided that
the longer period shall not exceed 15 years from the effective date
of the incorporation or annexation. The holder of the development
agreement and the city shall have the same rights and obligations
with respect to each other as if the property had remained in the
unincorporated territory of the county.
(b) The city may modify or suspend the provisions of the
development agreement if the city determines that the failure of the
city to do so would place the residents of the territory subject to
the development agreement, or the residents of the city, or both, in
a condition dangerous to their health or safety, or both.
(c) Except as otherwise provided in subdivision (d), this section
applies to any development agreement which meets all of the following
requirements:
(1) The application for the agreement is submitted to the county
prior to the date that the first signature was affixed to the
petition for incorporation or annexation pursuant to Section 56704 or
the adoption of the resolution pursuant to Section 56800, whichever
occurs first.
(2) The county enters into the agreement with the applicant prior
to the date of the election on the question of incorporation or
annexation, or, in the case of an annexation without an election
pursuant to section 57075, prior to the date that the conducting
authority orders the annexation.
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Page 21 7.C.a
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12/07/2011
CA Codes (gov:65864-65869.5)
(3) The annexation proposal is initiated by the city. If the
annexation proposal is initiated by a petitioner other than the city,
the development agreement is valid unless the city adopts written
findings that implementation of the development agreement would
create a condition injurious to the health, safety, or welfare of
city residents.
(d) This section does not apply to any territory subject to a
development agreement if that territory is incorporated and the
effective date of the incorporation is prior to January 1, 1987.
65865.4. Unless amended or canceled pursuant to Section 65868, or
modified or suspended pursuant to Section 65869.5, and except as
otherwise provided in subdivision (b) of Section 65865.3, a
development agreement shall be enforceable by any party thereto
notwithstanding any change in any applicable general or specific
plan, zoning, subdivision, or building regulation adopted by the
city, county, or city and county entering the agreement, which alters
or amends the rules, regulations, or policies specified in Section
65866.
65865.5. (a) Notwithstanding any other provision of law, after the
amendments required by Sections 65302,9 and 65860.1 have become
effective, the legislative body of a city or county within the
Sacramento-San Joaquin Valley shall not enter into a development
agreement for property that is located within a flood hazard zone
unless the city or county finds, based on substantial evidence in the
record, one of the following:
(1) The facilities of the State Plan of Flood Control or other
flood management facilities protect the property to the urban level
of flood protection in urban and urbanizing areas or the national
Federal Emergency Management Agency standard of flood protection in
nonurbanized areas.
(2) The city or county has imposed conditions on the development
agreement that will protect the property to the urban level of flood
protection in urban and urbanizing areas or the national Federal
Emergency Management Agency standard of flood protection in
nonurbanized areas.
(3) The local flood management agency has made adequate progress
on the construction of a flood protection system that will result in
flood protection equal to or greater than the urban level of flood
protection in urban or urbanizing areas or the national Federal
Emergency Management Agency standard of flood protection in
nonurbanized areas for property located within a flood hazard zone,
intended to be protected by the system. For urban and urbanizing
areas protected by project levees, the urban level of flood
protection shall be achieved by 2025.
:b) The effective date of amendments referred to in this section
shall be the date upon which the statutes of limitation specified in
subdivision (c) of Section 65009 have run or, if the amendments and
any associated environmental documents are challenged in court, the
validity of the amendments and any associated environmental documents
has been upheld in a final decision.
(c) This section does not change or diminish existing requirements
of local flood plain management laws, ordinances, resolutions, or
regulations necessary to local agency participation in the national
flood insurance program.
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Page 31 7.C.a
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12/07/2011
CA Codes (gov:65864-65869,5)
65866. Unless otherwise provided by the development agreement,
rules, regulations, and official policies governing permitted uses of
the landl governing density, and governing design, improvement, and
construction standards and specifications, applicable to development
of the property subject to a development agreement, shall be those
rules, regulations, and official policies in force at the time of
execution of the agreement. A development agreement shall not prevent
a city, county, or city and county, in subsequent actions applicable
to the property, from applying new rules, regulations, and policies
which do not conflict with those rules, regulations, and policies
applicable to the property as set forth herein, nor shall a
development agreement prevent a city, county, or city and county from
denying or conditionally approving any subsequent development
project application on the basis of such existing or new rules,
regulations, and policies.
65867. A public hearing on an application for a development
agreement shall be held by the planning agency and by the legislative
body. Notice of intention to consider adoption of a development
agreement shall be given as provided in sections 65090 and 65091 in
addition to any other notice required by law for other actions to be
considered concurrently with the development agreement.
65867.5. (a) A development agreement is a legislative act that
shall be approved by ordinance and is subject to referendum.
(b) A development agreement shall not be approved unless the
legislative body finds that the provisions of the agreement are
consistent with the general plan and any applicable specific plan.
(c) A development agreement that includes a subdivision, as
defined in Section 66473.7, shall not be approved unless the
agreement provides that any tentative map prepared for the
subdivision will comply with the provisions of Section 66473.7.
65868. A development agreement may be amended, or canceled in whole
or in part, by mutual consent of the parties to the agreement or
their successors in interest. Notice of intention to amend or cancel
any portion of the agreement shall be given in the manner provided by
Section 65867. An amendment to an agreement shall be subject to the
provisions of Section 65867.5.
65668.5. No later than 10 days after a city, county, or city and
county enters into a development agreement, the clerk of the
legislative body shall record with the county recorder a copy of the
agreement, which shall describe the land subject thereto. From and
after the time of such recordation, the agreement shall impart such
notice thereof to all persons as is afforded by the recording laws of
this state. The burdens of the agreement shall be binding upon, and
the benefits of the agreement shall inure to, all successors in
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C A Codes (gov:65864-G5869.5)
Page 51 7.C.a
interest to the parties to the agreement.
65869. A development agreement shall not be applicable to any
development project located in an area for which a local coastal
program is required to be prepared and certified pursuant to the
requirements of Division 20 (commencing with Section 30000) of the
Public Resources Code, unless: (1) the required local coastal program
has been certified as required by such provisions prior to the date
on which the development agreement is entered into, or (2) in the
event that the required local coastal program has not been certified,
the California Coastal Commission approves such development
agreement by formal commission action.
65869.5. In the event that state or federal laws or regulations,
enacted after a development agreement has been entered into, prevent
or preclude compliance with one or more provisions of the development
agreement, such provisions of the agreement shall be modified or
suspended as may be necessary to comply with such state or federal
laws or regulations.
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Relevant Sections of the EIR (SCH #2009111 lS'J J
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San Bernardino Merged Area A - Merger and Amendments
Envlronmentallmpac:t Report
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. South Coast Air Quality Management District: 1) Recommendations regarding the
analysis of potential air quality impacts from the proposed project that should be
included in the draft environmental impact report
2.3 COMPLIANCE WITH CEQA
2.3.1 PUBLIC REVIEW OF DRAFT EIR
The Draft EIR is subject to a 45-day review period by responsibie and trustee agencies and
interested parties. In accordance with the provision of CEQA Guidelines Sections 15085(a) and
15087(a)(1), the Redevelopment Agency, serving as the Lead Agency: 1) publishes a notice of
availability of a Draft EIR in newspapers of general circulation, which states that the Draft EIR
will be available for review at City of San Bernardino City Hall located at 300 N. "0" Street and
the Economic Development Agency located at 201 North "E" Street, Suite 301; and 2) prepares
and transmits a Notice of Completion (NOC) to the State Clearinghouse. Proof of publication is
available at the City of San Bernardino.
Any public agency or members of the public desiring to comment on the Draft ErR must submit
their comments in writing to the individual identified on the document's NOC prior to the end of
the public review period. Either during or following the close of the public review period, the
Redevelopment Committee will hold a regulariy scheduled public meeting regarding the Draft
ErR. The public will be afforded the opportunity to orally comment on the Draft EIR at the public
meeting. Such comments shall be recorded and shall have the same standing and response
requirements as written comments provided during the public review period. Upon the close of
the publiC review period, the Lead Agency will then proceed to evaluate and prepare responses
to all relevant oral and written comments received from both citizens and public agencies during
the public review period.
2.3.2
FINAL EIR
The Final EIR will consist of the Draft EIR, revisions to the Draft EIR. responses to comments
addressing concerns raised by responsible agencies or reviewing parties, and the mitigation
monitoring program. After the Rnal EIR is completed and at least 10 days prior to its
certification, a copy of the responses to comments made by public agencies on the Draft EIR
will be provided to the respective agencies.
2.4 INTENDED USES OF THIS EIR
The Redevelopment Agency, as the Lead Agency for the proposed project, will use this
Program EIR in consideration of the proposed project. This document will provide
. . . environmental information to several other agencies affected by the proposed project, or which
:t>f:are likely to have an interest in the proposed project. Various State and Federal agencies
ercise control over certain aspects of the study area. The various public, private, and political
agencies and Jurisdictions with particular interest in the proposed project include, but are not
limited to, the following:
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Introduction Ind
Packet Pg: 342
2-6
San Bernardino Merged Area A - Merger and Amendments
Environmental Impact Report
While potential impacts to the freeway mainline segments and ramps have been evaluated and
mitigation measures suggested to reduce impacts, improvements to the freeway system are the
responsibility of the existing regional transportation agencies and not the City of San
Bernardino. Without the authority to implement the mitigation measures, the impact to freeway
segments would remain significant and unavoidable, requiring a statement of overriding
considerations.
City of San Bernardino Municipal Code. The City's Municipal Code consists of all regulatory,
penal, and administrative ordinances of the City of San Bernardino. It is the method the City
uses to implement control and land uses, in accordance with applicable goals and policies. The
City of San Bernardino Development Code (Title 19 of the Municipal Code) identifies the
permitted land uses according to zoning category of particular parcels.
2.7 CEQA DOCUMENT TIERING
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Both the Public Resources Code and the CEQA Guidelines discuss the use of "tiering" 1:
environmental impact reports by lead agencies. Public Resources Code Section 21068.5 ~
defines "tiering" as: r<' g-
"The coverage of general matters and environmental effects in an environmental impact repo ] )
prepared for a policy, plan, program or ordinance followed by narrower or site-specific' . .
environmental impact reports which incorporate by reference the discussion in any prior.' . ~
environmental impact report and which concentrate on the environmental effects which: (a) are t..
capable of being mitigated, or (b) were not analyzed as significant effects on the environment in 0::
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Tiering is a method to streamline EIR preparation by allowing a Lead Agency to focus on the
issues that are ripe for decision and exclude from consideration issues already decided or not
yet read for decisions (CEQA Guidelines Sections 15152 and 15385). The concept of tiering
anticipates a multi-tiered approach to preparing EIRs. The first-tier EIR covers general issues in
a broader program-oriented analysis, including important program resource and mitigation
commitments required to be implemented at the project-level. Subsequent tiers incorporate by
reference the general discussions from the broader document, concentrating on the issues
specific to the proposed action being evaluated (CE:QA Guidelines Section 15152).
First-tier documents are usually Program EIRs, Master EIRs, General Plan EIRs, Staged EIRs,
Redevelopment Plan EIRs, or similar EIRs. Second-tier documents are typically Project EIRs,
Focused EIRs, and Mitigated Negative Declarations that evaluate the impacts of a single activity
undertaken to implement the plan, program, or policy.'
When an EIR has been prepared and certified for a program or plan consistent with CE:QA's
tiering requirements, a Lead Agency for a later project pursuant to or consistent with the
program or plan shouid limit the EIR on the later project to effects that were not examined as
significant effects on the environment in the prior EIR. In those situations where a
programmatic document does not specifically address and analyze the impacts and mitigation
measures necessary for a project-level action, the project-level environmental review can be
streamlined by tiering from the program-level documents. Agencies are encouraged to tier their
Ibid.
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2.11
Introduction and Packet pg. 343
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San Bernardino Merged Area A - Merger and Amendments
Environmental Impact Report
CEQA analysis to avoid repetition of issues and to focus on the issues for decision at each level
of review. Subsequent CEQA compliance involves either the preparation of an EIR or Negative
Declaration.
For purposes of tiering, significant environmental effects have been "adequately addressed" in
the first-tier document if the Lead Agency determines that the significant environmental effects:
.
Have been mitigated or avoided as a result of the prior EIR and adopted findings in
connection with that prior EIR
.
Have been examined at a sufficient detail in the prior EIR to enable those effects to be
mitigated or avoided by site-specific revisions, the imposition of conditions, or by other
means with the approval of the later project; and
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Cannot be mitigated to avoid or substantially lessen the significant impacts despite the
project proponent's willingness to accept all feasible mitigation measures, and the only
purpose of including analysis of such effects in another EIR would be to put the agency
in a position to adopt a statement of overriding considerations with respect to the effects.
In the case of this proposed project, a Final EIR was certified for the City of San Bernardino
General Plan in November 2005. The General Plan EIR analyzed the impacts associated with
implementation of the goals and policies contained in the City's General Plan that are intended
to guide growth and development in the City.
The General Plan EIR is considered a first-tier EIR. The ErR for this proposed project is
considered a second-tier EIR, and the analysis in this EIR has: 1) incorporated by reference the
General Plan EIR and 2) will tier the analysis in this EIR to focus on impacts not previously
analyzed in the General Plan EIR.
The first-tier EIR (General Plan EIR) provided analysis for the topics of: Aesthetics; Air Quality;
Biological Resources; Cultural Resources; Geology and Soils; Hazards and Hazardous
Materials; Hydrology and Water Quality; Land Use and Planning; Mineral Resources; Noise;
Population and Housing; Public Services; Recreation; Transportation and Traffic; and Utilities
and Service Systems.
For purposes of this EIR, the General Plan EIR has adequately addressed the proposed
project's impacts related to Agricultural Resources and Mineral Resources, as the growth
anticipated under the proposed project is consistent with and accounted for in the projected
growth anticipated under the General Plan. Topics to be tiered off the General Plan EIR in this
EIR (second-tier EIR) include Land Use; Population and Employment; Aesthetics; Trafftc; Air
Quality/Greenhouse Gas; Noise; Geology and Seismic Hazards; Hydrology and Water Quality;
Hazards/Risk of Upset; Fire Protection; Police Protection; School Facilities; Parks and
Recreational Facilities; Water; Wastewater; Solid Waste; and Electricity and Natural Gas.
This second-tier EIR will be used by the Lead Agency (Redevelopment Agency) to evaluate the
proposed project's environmental impacts, and can be further used to modify, approve, or deny
the approval of the proposed project based on the analysis it provides.
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2.12
Introduction .nd
Packet Pgi.344
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San Bernardino Merged Area A - Merger and Amendments
Environmental Impact Report
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SUlIlll'l1lar 11111
PROJECT AREA MERGER
CRL Section 33485 states that "Mergers of project areas are desirable as a matter of public
policy if they result in substantial benefit to the public and if they contribute to the revitalization
of blighted areas through the increased economic vitality of those areas and through increased
and improved housing opportunities in or near such areas." Furthermore, CRL Section 33486
states that project areas may be merged, without regard to contiguity of the areas, by the
amendment of each affected redevelopment plan as provided in CRL Section 33450. Before
adopting the ordinance amending each affected redevelopment plan, the Mayor and Common
Council must find, based on substantial evidence, that both of the following conditions exist:
1. Significant blight remains within one of the project areas being merged.
2. This blight cannot be eiiminated without merging the project areas and the receipt of
property taxes.
3.6.3
PROJECTS AND PROGRAMS TO ELIMINATE BLlGHr
This section provides a description of the projects or programs proposed to eliminate the
remaining blight, how they will improve the conditions of blight, and the reasons why the
projects or programs cannot be completed without the Merger and Amendments.
While the Agency has been effective in eliminating blight through public facilities and
infrastructure improvements, site acquisition and clearance, and new construction and
rehabilitation projects, significant blight remains prevalent throughout Merged Area A, as
detailed in Section A of the Preliminary Report. The Agency will continue to carry out consistent
projects and programs in Merged Area A, but seeks to augment its financial capacity to continue
to implement a corridor-based approach to the elimination of blight. Rather than focusing on
piecemealed projects within individual Project Areas, the Agency's focus is to address blighting
conditions along key corridors in Merged Area A (e.g., Waterman Avenue, Baseline Street,
Arrowhead Avenue, Hospitality Lane, Orange Show Road), and invest in the revitalization of the
City's "Downtown Core." The Downtown Core is generally bound by 6th Street to the north,
Waterman Avenue to the east. the 1-215 Freeway to the west, and Rialto Avenue to the south.
It encompasses the southern half of Central City North, aimost all of Central City East and
Meadowbrook/Central City, and a northern portion of Central City South.
DOWNTOWN CORE VISION/ACTION PLAN
The Downtown Core is currently home to local, regional, state, and federal government centers
(e.g., City Hall, County administrative offices, Courthouse, IRS, Consulate General of Mexico),
~the San Bernardino Convention Center, an emerging Theater District, Carousel Mall,
educational and workforce development centers, a public transportation hub, Seccombe Lake,
ordabie housing, and other new development projects. To cast a strategic vision for the
revitalization of the Downtown Core, the City and Agency recently completed the Downtown
Core Vision/Action Plan in summer 2009, which created a visual simulation of the Downtown
Core's redevelopment potential. Key elements of the Downtown Core Vision/Action Pian
4
Source: Preliminary Report, San Bernardino Merged Area A Merger & Amendments; April 5, 2010; prepared by
Rosenow Spevseek Group.
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3-'6
J Packet Pg. 345
Project 0 .
San Bernardino Merged Area A - Merger and Amendments
Envlronmentallmpac:t Report
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include a new inter-governmental civic center complex, a courthouse building, a night-time.. .
entertainment Theater District with retail and restaurant uses, a transit village, Court Stree~'. . I
Square, a Main Street retail corridor, a new hotel to complement the Convention Center, arrl ..::::
new Seccombe Lake and Meadowbrook Park residential. and mixed-use development projects. . ~
. . '"
The Downtown Core Vision/Action Plan casts a long-range revitalization strategy that will', c3
require significant public-private investment and redevelopment tax increment financing to m
assemble land for development, upgrade public infrastructure and utility systems to meet g>
increased service demands, create new parks and public transportation systems to serve future !!:.
residents and visitors, and build affordable housing to create a balanced community. The ~
catalyst projects and accompanying infrastructure improvements envisioned by the Downtown ::
Core Vision/Action Plan will eliminate blighting conditions by creating jobs, increasing income ;:
levels, assembling and redeveloping blighted properties, replacing aged infrastructure, ~
addressing incompatible uses, increasing property values, remediating environmentally ~
~
contaminated sites, reducing office and retail vacancies, creating needed commercial facilities. ~
and addressing uses that contribute to the threat to the public health, safety, and welfare of _
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The proposed Merger and Amendments will allow the Agency to leverage and pool tax
increment revenues from the affected Project Areas to implement the Downtown Core
Vision/Action Plan for the benefit of the entire Merged Area A. New tax increment revenues
generated from increased property values resulting from property revitalization can be invested
toward additional public improvements in the Downtown Core and other parts of Merged Area A.
The Agency estimates $75 million in project costs for implementation of the Downtown Core
Vision/Action Plan through the life of the Merged Plan. The proposed 1 O-year extensions of the
Central City North and Meadowbrook/Central City Project Areas are needed to: (1) allow
sufficient time for the Agency to implement the long-range objectives of the Downtown Core
Vision/Action Plan in those Project Areas, particularly given the current temperature of the real
estate market; and (2) create sufficient financing capacity in those Project Areas as
redevelopment proceeds to finance publiC facilities and infrastructure upgrades and facilitate
key catalytic development projects. The proposed increases in the Agency's limitations on tax
increment collection and bonded indebtedness will ensure that the Agency has sufficient
financing capacity to fund redevelopment activities throughout Merged Area A, including the
Downtown Core.
Given the current economic climate and troubling trends in the real estate market,
implementation of major programs like the Downtown Core Vision/Action Plan cannot
reasonably be expected to occur either by private enterprise or governmental action alone, but
only by leveraging the unique redevelopment powers and financing capabilities of the Agency to
create public-private enterprise activities. This is especially true now as the City struggies to
address its own general fund budgetary gap. With little to no new revenue streams available to
impiement the Downtown Core Vision/Action Plan, the City will rely heavily on the Agency to
secure funding for next steps under the Plan. With increased financial responsibility to carry out
major projects and programs in Merged Area A, the proposed Merger and Amendments is
necessary to ensure the Agency has adequate financial capacity and tools to see these
revitalization activities through to successfui completion.
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3.17
Project oml' Packet Pg. 346 "I
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San Bernardino Merged Area A - Merger and Amendments
Environmental Impact Report
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In total, the redevelopment potential within the Project Area is:
. 5,681,674 square feet of commercial (retail, general, office, lodging) uses
. 518,916 square feet of industrial uses
. 1,833 multi-family residential units
Table 3-5
Identified Near-Term Redevelopment Projects
ActlViiV DescriDllon ProJect Arealsl
Carousel Mall Redevelopment Project: Investigate possible new uses at Carousel Central City Projects
Mall as Identified in the Downtown Core Vision/Action Plan, including a potential new
novemment center and urban retail and housinn uses to comolement existina retail.
Heritage Square: Develop Court Street as the 'Heritage Square' District as identified Central City North
by the Downtown Cere Vision/Action Plan.
Redevelopment of Former MII~lry Flciliti": Enter into an agreement with a Central City Projects
developer for demolition/site clearance of former military facilities at Third Street and
Waterman Avenue for neighborhood-supporting retail uses.
Seccombe Lake Village: Development of 12.5 acres of land into mixed use Central City Projects
development of high and low density residential and retail on the northeast comer of
Sierra Avenue and 5. Street.
Arrowhead Cred~ Union Headquarters Campul: Continue to work with Arrowhead Central City Projects
Credit Union for relocation of corporate facilities. Arrowhead Credit Union has acquired
undeveloped and dilapidated properties to the west of the above site to provide
additional space for a third building for the Arrowhead Central Credit Union Corporate
headouarters camous site.
! Thllter District Implementetlon: Studies, improvements, and implementation Central City North
activities to create a Downtown Thealer District and development of retaiVrestaurant
: oads.
, sbX Implementation: Facilitate implementation of the sbX Bus Rapid Transit Project Central City Northl Central City
in the Downtown Core, including transit-oriented development and brownfields Projects! ALL
assessmenV remediation.
Intermodll Transit Station: Design and construction of an Intermodal Transit Station
located al the Southwest comer of Riallo and E Street on a vacant 4.5-acre parcel 10
replace current bus transit mall along 4. Street.
sbX Transit-Oriented Development: Study and enter into development agreements
for trans~-orienled develoomenl nroiects alone the sbX line.
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ASSUMPTIONS FOR ENVIRONMENTAL ANALYSIS
As noted in Section 2.0, Introduction, a Program EIR has been prepared for the proposed
project, described above in Section 3.6, Proiect Characteristics, As such, this Program EIR has
reviewed the overall development potential for both vacant land and identified near-term
redevelopment projects; however, site-specific Impacts with the near-term redevelopment
projects or specific capital improvement projects have not been reviewed.
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3.22
I Packet Pg.347 I
Project De, ..
San Bernardino Merged Area A - Merger and Amendments
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Subsequent individual development projects andlor capital improvement projects proposed'::,:::
within the City will be reviewed in the context of this Program EIR and the General Plan EIR to ':
determine if additional environmental documentation is required. if the subsequent project
would have site-sRecifi~environm~nta.Laffect:LnoLasl.c;l!_essed in the Program EIR andlor
General Plan EIR, additional environmental review will be required. Where no ne..... effects and.
no new mitigation measures are in.Yolved. the subsequent project can be approved without
additioriai--environrrienta(do'cumentation. - Where an EIR or Mitigated Negative Declaration
(MND) is required for a subsequent project, the EIR or MND should implement the applicable
mitigation measures developed in the Program EIR, and focus its analysis on site-specific
issues not previously addressed.
3.8 PHASING
Individual improvement and redevelopment projects would occur in incremental phases over
time, based largely on economic considerations, financial feasibility, infrastructure
improvements, market demand, and other planning considerations. The phasing and exact
details of each project would be evaluated by the Agency on a case-by-case basis.
3.9 AGREEMENTS, PERMITS, AND APPROVALS
Following a determination that the Rnal EIR is adequate and certification of the Final EIR by the
Community Development Commission, a Notice of Determination (NOD) would be issued by the
Agency. In addition, adoption of the proposed San Bernardino Merged Area A Merger &
Amendments would be the responsibility of the Mayor and Common Council. Redevelopment
projects. to the extent not already analyzed in accordance with the proposed project, could be
subject to additional environmental review on an individual basis, in accordance with the
provisions of CEQA Guidelinf1s Section 15168, as determined by the Agency.
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3-23
Project oeel Packet Pg: 348 I
7.C.c
Mitigiated Negative Delcaration for CUP97-01
Diseus<lon of Environmental Emlualion IInd IIliti~ation Mellsures
The following SUbslantiation oflindings in the Em'ironmental Checklist Fonn follows Ihe same order of presentation as found u.
Seelion B of the Cbecklist. A shon summaI)' of Ihe environmental selling for Ihe resource is presented as background information
the substanlialion discussion. References 10 the substanliating infonnation are provided at the end ofeacb topic.
1. Earth Resources
Environmental Selling
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Topograpltically, the projecl sile is essentiall)' Oat wilh a 1-2% slope 10 the soutb. The sile is underlain by alluvial sedimem deposi ~
by run01l"ftom Ule San Bernardino Mountains. Hislorically, Ihe project site, localed on the West side of"E" Street between Founb a ili
Fifth Slreets, has been occupied by slruclures, bul at present severnl vacant lots exist wbere Slructures have been demolisbed a g>
removed. Parking a=s cover about 20% of tbe exisling project site and three buildings wilh approximately 20,000 square fc ~
cncomp:1S5 the remainder. Based on a review of geologic litemlure, the City General Plan and other documents, the nearest known fal ~
is the San Iaeinto Fault located about V, 10 one mile west oflhe project sile. No active faults are OCCur in the project area. The site ~
;:<1 subject to ground shaking when an C8nhquake occurs in the region and more panicularly on the Ihree nearest faults: San Andreas, & :
:: Iacinto, and Cucnmonga Faults. Figure 46 in Ihe Gelleral Plan indicales Ihe sile may be e.\']lOsed to maximum credible groul ~
-./ a=leratioDS of between ,6g and .ag based on the assumed maximum credible e.1nhquakes on each of these tbree faults. The Gener ~
...., Plan (Figures 48 and 51) indicales Ibat the project sile may be affecled by two geologic hazards: liquefaclion and subsidence. No otbe !!
tJ geologic hazards are known 10 affect Ihe project sile. :f
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The e.'<aCI amount of ClInh movemenl on the projecl sile has nOI yel been dctermined for Ihe SBEC Project. However, given th, a;
I)'pe of struclures, no e.xleosive foundation work will be required to conslructthe four buildings and suppon facilities. It ii Iii
probable that less than 500 cubic yards of CIlI and fill will occur as pan of Ihe grading and compaction of the sileo Althougl ~
a substantial amounl of soil material may be disturbed on the projecl site as individual structure foundalions are conslrucled, ~
the final grade will be comparable 10 lhalwhich currcntl)' e.xisls. AIlhe completion of grading, Ibe sile l\ill remain essenlially :;!
flal wiUljUst enough slope 10 provide for conlinued adequ.1le draitl.1ge of Ihe propeny. No Sleep slopes ,viII be created as a resull _
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of the proposed grading activilies. B.1Scd on lhe e.xisting slope of the propeny and lack of an)' potential for cllange in lopography 9
and creation of Sleep slopes on lhe propeny, the pOlenlial imp.1cl from projecl gmding is considered a nonsignificant impact. S;
POlential ,vind and warer erosion are addressed in subsequent seclions of this documenl. The infonoalion provided in lhis ~
discussion 'l'8Soblained from re,'iewing geologic lileralure ciled below, from a review oflhe City General Plan and Technical ()
Background Repen, from a field inspeclion oflhe projecl sile, ,lI1d from discussions wilh the EDA and project developer. No ~
mitigation is proposed or required. :;;
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The projecl sile Ims been historically graded and compaeled. and is essentiall)' 11al. OI'erall slope of the land in this area is _
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approximalely 1-2% to the soulh. No slopes grenter Ihan LS% exist atlhis sile. The infonoation provided in this discussion .c:
was oblained from Ihe San Beraardino SOlllh. U,S.G.S. 7.5' Topographic Map and a field inspection oflhe project sile. L::l
I.e.
TIle project sile is nOllocaled \\;Ihin nil)' Alquisl.Priolo E.1nhquake Faull Zone (ERZ) as illuslraled on Figure 47 of Ihe General
Plan. 111e n"'.rest ERZ appears 10 be underlain b)' Ihal for Ihe Salllaeinlo Faull System. located appro.ximalely one mile wesl
ofll.e project sile. The Glen Heleu Faull, which is known 10 be active. is buried and Illa)' be localed abolll V, mile west of Ihe
projecl sile. No polenlial for addilional adverse impacts due 10 faull relaled ground nlplure ha7.1rds is forecaslto occur. No
milig.1lion is Proposed or required for Ihe PlOposed aelivil)'. The infonnalion provided in Ihis discussion was oblained from the
Cily of San Bernardino Gcncral Plan. Tcchnical Backgrouud Repon and Final Environmental Impact Repon.
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No unique geologic or physical fe:uunes arc known 10 occur wilhinlhe projeCI bound:lries. The project site has been hislorically
distuzbcd and lhe proposed SBEC projecl will not allcr an.\' geologic fealure nol pre,'iousl)' dislurbed. Tllerefore, no potential
for ad"erse impaClto such features can occur. The iuformalion pro,'ided in Ihis discussion was oblaincd from a field review
ofU,e project site and Ihe Cily' of San Bernardino Gcner-II Plan, Technical Background Repon and Final Em'ironmentallmpacl
Repon.
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The project site is not locmed in an area wilh defined high potelllial for wind or waler erosion. A field review of tile
indicales 1I131 it is essentiall)' flat. TIle site and surrounding area are dcveloped \\;th Slructures and urban landscaping. Fin:
the project site exllibilS no signs of erosion. Therefore. no potcntial for significant erosion impact is forecast to occur.
information provided in Ihis discussion was obtained from a field rC\'iew of the project sile and Ihe City of San Bernarc
General Plan, Technical Background Repon and Final Environmental Impact Repon.
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Based on a site field sul\'e)', Ihe project site does not contain any channels, creeks or rivers. A review of the tOpographic n ::::
for Ille project arca sho\\'S lhatthe nearcSI channels are L)11e Creek, about 111'0 miles west and soutll and Warm Crcek, ab :(l
one mile 10 Ihe east. Tllerefore, no pOlential adverse impaclto an)' channel. creek. or river will OCcur if tile SBEC Projec ~
implemented. TIle infonn.1lion provided in tllis discussion was obtained from a field review and Ihe grading plan and a revi .=
of Ihe San Bernardino South 7.5' Topographic Map. u
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Due to tile sllallow slope of the project sile and surrounding area. no potenlial exisls for landslides or mudslides 10 occur ons ~
or 10 alfecllhe propeny from olfsile. However. the projeel sile is identified as being subjeel to polentially signific.1nt grou N
shaking from regional eanhquakes and as shown on Figure 48 of the General Plan, il is also identified as being subject 'i'
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subsidence related 10 eilller ground shaking or lowering of lhe waler lable. Based on the presenl deplh 10 ground waler alII ~
localion, mare than 100 feet. lhe pOlemial for subsidence is considercd 10 be low. The Cil)' considers Ihese Iypes of seism ~
hazards to be subject to standard engineering miligmion and not a significant adverse enviromnental impae!. However, E
ensure Ihe slructural hazards relmcd 10 ground shaking. subsidence. and liquefaclion Ihe following miligation measure sit, ~
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Pursuant to and in comJlliance with the Cit)"s ILiquef"ction Ordinance (II1C-676), the allJllicant shall have '"
qualified geotechniC,,1 professional (Engineering Geologist or Professional Engineer) pre.mre a geoteehnic. [
stud)' of the Jlrojecl site Jlrior 10 completing Ihe final design of the struetures, As Ilart of this geotechnical stud) '*
Ihe IlOtential for ground shaldng, snbsidence and lilluefaelion impacts shall be in,'estigated for this site and, i >
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required, measu"es to mltig:1le Jlotentia' ground s'"tldng and liquefaction hazards shall be identified. Thi c
im'CStigation sh"n include an e,'aluation of hislorie \\'alel'l'lble le,'cls and the role th"t a rising water lable couh .;;
play in Jlotenlia' for liquefaction. The aJllllicanl shall imJllemenl those me"sures required to Ilrotect Ihl !;t
structures (rom significnnt ground shaliing, subsidence, and Iiqucfnction hazllrds. For this IJrojcct, reducec. ~
beJow" significant Imp'lct shal/ be bascd on a design [/"'1 IlI'otects life nnd minimizes damage 10 the structures, c;
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The infonnation pro,;ded in this discussion \\TIS obtained fromlhe Cil)' General Plan documellts nnd the Snn Bernardino Valley
Waler Conservalion District Annu:II Repon.
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As noted in Ihe previous discussion. the projecl site IlHl)' be exposed to high liquefaction susceplibilil)'. This is based on
historically high ground \\'ater lable alld allu\'ia' deposits \l'hich could be conducive 10 liquefaction. A review of currenl ground
water d.1la ("San Bernardino Valle)' Waler Consel\'ation District Annwll Engineering Jnvesligalion and Repon (7/92 _ 6193)") :
indicates Ulalthe current ele,.ation of ground \l'mer in the project area is 940 feel. The project site is siluated at approximately a
1050 feel elevalion. Based on Ihe depth 10 ground \I':lIer allhis localioll, more than 100 feet, the pOlential for liquefaction is ~
vCI)' low. Mitignlion measure I.g. J will be implemented to ensure th.11 human life and stnlclures arc proleeted from extreme W
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The infonnation pro\'ided in this discussion was oblained from the Citv General Plan documents "nd the San Bernardino Val/ey
\Vater Conservation District Anmml Report.
l.i No olher Eanh Resource isslIes have been idenlified Ihal 1I0uld be nlTeeled or would alTeellhe projecl.
References
&rtugno, E.J. Il.nd Spill!....,. T.E" 1986. G':l)lol!i.: ~!:ll'l 0(111.: San Iknl:mJilhl Ou:\dr:lIll?ll.', "'ap 1\0. J,.\ (G.:-olocr), ScnJc 1:250,000
City of San Ikm:lrdillo. ]989. illal .11\'irolllllCIlI:lllm :M Ih' lnr1 Cilv \11' S,lI! Il...m;udinn n~'11 'r:III'I:lll
Cil~' of San Ik"f1\3rdino. 1989. O~'II('ral 1'1:111.
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City of San Iknwdino. 1988.
r ~3 ~13 in J~l ;t P "mIl :\I~ 'Il'ch' ill bd, mllnd H~ 1 .
GeoICiencc SUppoI1 S.:rviCC'S, Jne.. 1993. .,n
.:l di VaUc" Water (In.~r\'o1fon Di~riCT lnulIl E in
Vedi lion.
'/92.6 3.
2. AIR RESOURCES
United Slates Geological SurvC)'. 1967, rhocore\;~d 1980. S:m Ikm~rdjll(j South QU:l.dnngk C3Iif,m,ia. 7.5 Minute S...,.ics (Topographic).
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Environmental Selling '"
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The City of San Bernardino is in the San Bernardino Counly ponion of the South Coast Air Basin (SCAB). a 6,600-square-mile ar .~
encompassing Orange County and Ihe non-desert portions of Las Angelcs, Ril'erside, and San Bernardino Counties. Bounded by t ~
Pacific Ocean to Ihe west and Ihe San G;\briel. San Bernardino. and San Jacimo mounlains 10 the north and easl, its lopography", ~
c1imale make Ihe SCAB particularly conducil'c to Ihe formation and relemion of air pollution. !
!\feteorology
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The strength and location of a semipermanenl, subtropical high pressure cell over Ihe Pacific Ocean primarily controls the SCAB ;:
clin.1te. Climale is also affected by the modernti ng effects of diJTerential heating belween the land area of California and Ihe adjacel ~
Pacific Ocean. Wann summers, mild winler, infrequent rainfall, moderme daytime onshore breezes, and moderate humidilic ~
characterize local climatic conditions. S,
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Because of topographic features and distance from the ocean, various microclimates e.,isl wilhin Ihe ol'erall climate oflhe SCAB. Sine .,
the modernting marine in/luence decreases with distance from the coast, monthly and annual spreads between lemperatures are greates [
inland Precipitation is higl~y"ariable se.1Sonally. Summers arc oft ell completely dry throughout the SCAB. There are frequent period, 0
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offoUT to five months wiOI no rain. In ",nter, slorm frollls (law pressure Syslems) periodically sweep across Ihe Pacific Ocean bringin! >
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rain. Anm",1 rainl;'II is lowest in tlle co.,stal plain and inland valle}'s, higher in the foothills, and highest in the surrounding mountaills. 0
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Predominanl wind patterns are broken by occasioml winter Slorms and episodes of Sanlll Ana winds. The Janer arc strong northerly
or northeasterly dry winds that originate from the desert or Ihe Greal Basill, primarily during September through March following the
pass.1gc of low pressure systems. Highest wind speeds in the projecl area OCcur [It this time when the clockwise wind circuJation in the
system produccs a north or northeasl/low as the air is pushed soulhward o"er the Sail Bernardino Mountains nnd funneled Ihrough the
passes. Ol'er the 26-}'ear moniloring period at Nonon Air Force Base. Ihe ",'erage oflhe highesl gust recorded each year was 57 miles
per hour. Santa Ann \l1nd condilions occur about (,,'e 10 tcn timcs per ~'ear. wilh each OCcurrence lasting for a few hours 10 a fcw days.
Winds across Ihe project are,1 control both 11Ie inilial dilution rolle oflocall)' generolled air pollutanl emissions and their regional trajectory.
In gcneral, a,'erage wind speeds are lower in Ihe inland valle)'s Ih:1II ,1I0ng Ihc coast becntlse seas breezes are weaker by tlle lime they
ro.,ch the project a"",. Wind speeds measured at Norton Air Force Base O\'er a 26-)'0.11 period ll\'eraged four miles per hour. Winds OCcur :
from all directions, \l11h more limn 43% coming from the wesl. west southwest, or southwest. Winds from this direclion occur during ;g
tlle d,,}'. Al night. the wind /low panern rC''CIses, with an offshore /low generally coming from Ihe cast or northeast. Night winds are ~
slower Ulan d,'}1ime breezes ocrlhe ocean. Onshore breezes arc strongcst in summer alld nighttime drninage winds are Slronger in winter W
than in summer. 'E
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The climate of Ule proposed project site in d0\\1110wn San Bernardino is less affectcd by the modernliag effects of Ihe Pacific Ocean than !;;:
arc coastal areas in Los Angcles and Orange counlies. Therefore, diJTcrences between summer and winter temperatures are more :S-
e.,Wme. Average temperatures in and ne.1r 5.1n Bernardino range from a minimum of37 degrees F in January to an average maximum ~
of 97 degrees F in July. During a 91-year reporting periOd ending in 1980, annual rainf.111 at San Bernardino a"eraged 16.57 inches, ,:.
with a maximum annual rainfall of21.69 inches and a millimum of7.36 inches. The projecl area receives slightly highervo/umes of ~
rain due to 11Ie change in topography. About 20 inches of rain falls on the projecl area on the al'erage. a
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Localized meteorological condilions call create areas of high pollul,nll concellllillions by hindering dispersal. Tempe"'lure ill\'ersions,
which are temperatures Ihat incrc:rsc ,\ilh nlliludc inslead ofdeercllsing. ",ulIper dispersion b)' Irapping air pollulants in a limited volume
of airspace near the ground. For e,ample, Ihe highest concentralions of carbon mona, ide occur durillg winter when tempcrature
inversions arc lower and stronger (more resislanl to dissipalion by ground heating).
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Fonmtion of/ugh ozone conccnlnuions requires adcqtl.1le sunshine, early morning stagnalion in source are.1s, high surface tcmperalUl
strong and low morning inversions, greally restricted vcrtical mixing during the day', and day1ime subsidence that strengthens
inversion layer. Because of ozonc's long formalion time in the almospherc, ozone coneentmtions are substantially affected by 1\']
transport pattcrns,
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Contaminant Icvels in air 5.1mples are compared to nmional and stale standards, shown in Table I, to detennine ambienl polluta: ;;;
concentralions, Air qtl.1lity 5land.1tds are set by the U.S. El1\1rorunenlal Protection Ageney (EPA) aad lhe California Air Resources B031 ~
(CARE) at levels to protecl public 11C:llth and wclf.1rc wilh an adcqtl.1te mMgin of safety. There are nalional and stale slandards for ozor ~
(0,), carbon monoxide (CO), nitrogen dio.,idc (No,), PM" (suspcndcd particulale manei 10 microns or less in diameler). sulfur dioxid ~
'., (SO,), and lead (Pb). TIle Soulh Coast Air Qualily Manngemenl District (SCAQMD) nlso mensures for compliance with IWO other Sial E
standards: sulfntes and visibility. The federal EPA is presenlly in lhe process of reviewing new ozone and particulate (2.5 micron ~
diameter) standards, bul these st1ndards are aOllikely to be approved and implemented during the review of this project so they will nc ;;
be considered ia this analysis. _
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Ozoae (0,), a colorless toxic gas which forms ia the almosphere through n photochemicnl renetion of re.1etive organic compounds anI ~
r; nitrogen oxide, irritates the lungs and dnmages fonnnlion of ozone. PM" is smnll particulare mailer less than 10 micromelers il .2
1 diameter. Carbon monoxide (CO) is a colorless gas which inlerferes with the transfer of ox')'gea to lhe brain. Nitrogea dioxide (NO,: ~
is a reddish-brown gas which can cause brealhing difficulties al high concentrations and which nlso contribUles to the smnll particle, C
thnt "'uses n gre.1ter health risk thnn larger pnrticulate mailer since tine particles moree.1Sily penetrate the dcfenses of the human .;;
respiratory system and cause irrilation by themselves and in combinmion wilh gases. !;j:
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High nitrogen wOldde levels uSlmlly OCCUr during lhe aUlumn or winter on dn)'s wilh summer-like weather conditions, but when sunli!
is nO! sufficiently intense to fuellhe pholochemical re.1clioas bellll:Cn oxides of nitrogen nnd reaclive organic compounds that form OZOI
Particulate concentrations vary seasonally wilh Ihe summcr months 11aving high concentrations of secondarily-formed particulates d
10 chemical interactions driven by intense sunligh~ and lIinler il1\'Crsions trapping primary emitted particulntes. Violations ofparticull
ambient air qU.1lity standards OCcur during nil sensons, \lilh the highest concenlrations in lhe summer.
Ambient Air Qualit).
" 4.2.1.3 Regional Air Quality'
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The SCAQMD samples ambienl air at monitoring slntions in and nrouad the SOUlh Co.1S1 and Southensl Desert Air Basinslhat are within Q.
ilSjurisdiction. Nationnl and Slate slandnrds [or ozonc, cnrbon monoxide, nilrogen dioxide. and PM]' and stale slandards for visibility a
' are rcgularly excecded in the SCAB, In 1993, thc peak ozone reading inlhe SCAB was almost three times the Nntionn1 Ambienl Air C
L; Qu.1lity Stand.1rd (NAAQS). TIle Los Angeles umnn aren cxCecdslhis slandnrd more frequenlly lhnn any other area in the United States, ~
and also records the highcst peak readings.
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PMIO levels regularly exceed nalional and stille slnndacds in Los Angeles, Rh'crsidc, Ilnd San Bernardino counties. nnd state standards
in Omngc County. Sulfur dio:\idc cllld IC:1d Jc\'cls in all areas or (he Basin nre below 11;:II;ol1nl and Slate standnrd IimilS.
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4.2.1.4 Attainment Areas
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Local Air Quality
San Bernardino and Riverside counties arc designnted as attainment areas for both stale and federal carbon monoxide standards. O.
the Los Angeles and Orange County portions of the Basin are designaled as federal and stale non-attainment areas for CO. Weal he
adjusted CO concentrations in the SCAB declined by 47% between 1976 and 1990, and are projected 10 decline further because of ne
CO standnrds on vehicles and use of ox)'genated fuels in winter. The federal one-hour slandard has not been exceeded anywhere in t
Basin for more than five }'e.,rs, but the more stringent Slale-one hour standard is occasionally exceeded and the Sl.1le and federal eigl i:
hour standards are frequenlly exceeded throughout Los Angeles and Orange eounlies. Highesl concentrations of CO and Ihe me ~
execedanees occurred in Lynwood in Los Angeles County over the past Jive years. g-
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The CARB divides the st.1le inlo air b.,sins, b.,sed upon similar meteorological conditions. The SCAQMD maintnins monitoring Sl.1t;
Ihroughout the South Coast Air Basin and the portions of the Southensl Desert Air Basin thnt it administers to record ambient level
regulated pollutants. Ifany monitoring station in an air basin records concentrations of an air pollutanl which e.xceed Slate or fed,
air quality standards, the entire basin is generally detennined to be a non-attainment area for thai pollutant. As long as no violatiol
an ambient air quality standard occurs, a basin is determined to be in attainment. Carbon monoxide, a pollutant where highest ambi Iii'
air eoneentfations OCcur in Ihe immediate vicinit), of the source of emissions, is now trealed somewhat differenlly by the CAt E
design..tion ofallainment and non-altainment are.,s for carbon monoxide are by subarea, not air basin, in some cases. EPA and CA '"
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have design.,ted IIle entire South Co;lsl Air Basin, which includes all of Orange County and the non-desert portions of Los Angeles, 1 (3
Bernardino and Riverside counties, as federal and Slale non-attainment areas for ozone and fine particulate matter (PM,,). The SC Cii
is in attainment with the federal nitrogen oxide standard but continues to violale the stale slandard. Both ozone and nitrogen diox g>
are regional pollutants in tb..t IIley are elC<.ted when pollutants combine in the atmosphere at some distance from where they are initic !!:.
emitted PM" also fonns in the atmosphere through chemical reactions \\"ith other pollutants, as \\"ell as occurring nalurally in vel)' f ~
soH, man-made particles, and sea spray. .;.
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Peo1k pollulant concentrations \'011)' from )'ear to year. depending on Illeteorological conditions. Ozone concentrations o1nd numbers 0
excccdances ha\'e fluctuated althe San Bernardino sl;lIion o\'er the pasl fi\'e }'ears, although the running average number of days ove
the state standard has decreased subsWnrially over Ihe fivc-ycm pcriod. As in the rest oflhe Basin, CO concentrations have declined ~
Nitrogen dioxide Ie\'els have remained appro"imatel)' the same. with some decline O\-cr 1989 le\'els. PM" concentrations sho\\ :ll
substantial decreases, but they h:1\'c not been adjusted for wcalher pallcrns and slIch conccnlralions can vary subsI3miaIly because oj :c
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Ambient air quality in IIle project area is meo1sured at the SCAQMD monitoring station located at 24302 San Berno1rdino Avenue, Sout ~
#62 in the Cily of San Bern.,rdino, The San Bernardino stalion monitors ozone, carbon monoxide, nitrogen dioxide, lead, sulfate, tot; :;!
suspended particulates, and PM". Table 2 lists the air qualit)' readings at the station from 1989 Ihrough 1993 for pollutants for whie _
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tile South Coast Air Basin I",s been designated a federal non-allainment area, State and national lead and sulfur dioxide standards wer <;>
metlhroughoulthe monitoring period, There is no longer 01 slate or federal standard for tOlal suspended particulates (TSP), but th :;;
measured TSP concentration is shown for comparison 10 the PM10 COl1ccntnHions allhe site. ~
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The SCAQMD regulates slalionar)" Sources of pOllution through out I he SCAB and has authority under Ihe California Clean Air Act to :il
1IIo1n.'ge transportation activities o1S indirect (nonslationm)') sources. which arc filcilities that do not directly emit SUbslo1mial alllounts of ~
pollution but altraetlo1rge uumbers ofmobilc sources of poll III ion, Direct emissions (romlllotor \'ehieles arc regulated by the California
Air Resourecs Board,
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TABLE)
Arnhienl Air Quality Stand'lrd,
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DOlh the Califomia and federal Clean Air ACls require design,ued agencies inlhe SCAD. which is the nation's only "e'lreme" ozone non- <C
allainment Mea. to prepare plans documellling aelions to meel air qua lily standards. The SCAQMD and the Southern Califomia
Associalion of GOl'emments (SCAG) are the designaled pl'"l1ling agencies. As required by Ihe California Clenn Air Act, the SCAQMD
rC\iscd Ihe Air Q""liIY Management Plan (AQMP) in 19% to nddress measures needed 10 allnin federnl and Slate standards. The 1997
AQMP also includes mc.1sures 10 reduce to.,ic cmissions and compounds which eonlribute to global waflning. Allainment of the federal
ozone Sland.1rd Was projected for Ihe yeM 2010. n Ihree-)'e,]r e.'lellsioll fromlhe mlainmelll dnle in Ihe 1989 AQMP. CARD approved
the 1997 AQMP in Jnmm)' 1997 \\ilh specific re$Omuions regarding reliance On fulure. as yelundcfined. technologies to reach emission
reduelion gonls for ozone.
California Federal
Air Pollutant Standard Primun' Secondan'
Ozone > 0.09 oom, I-hr. a"s > 0.12 ppm. I-hr. al'~. 0.12 ppm, I.hr. al'g.
Carbon Monoxide ~ 9.1 pprn, 8.hr. al'g 2: 9.5 ppm, 8-hr. al'g 2: 9.5 ppm, 8-hr. avg
> 20 oom. I-hr. al'g > 35 ppm, I-hr. avo > 35 ppm. I-hr. avg.
Nilrogen Dio,ide > 0.25 ppm, I-hr. al'g > 0.053 ppm, annual > 0.053 ppm, annual
a1'2. al'C.
Sulfur Dioxide > .25 ppm I-hr. al'g 0.03 ppm, annllal al'g. > 0.50 ppm, 3-hr. avg.
2: 0.05 ppm, 24-hr. avg > O. 14 ppm, 24-hr. al'g.
wilh ~ 0.10 ozone or
wilh 24-hr. TSP~ 100
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Suspended avg; > 50 ug/m', 24-hr. avg > 150 ug/m', 24-hr. avg. > 150 ug/m',24-hr. avg.
>50 ug/m' annual Particulare Matter > 30 uglm) annuC11 > 30 ug/m' annual
(PM")
geometric menn milhmclic mean arilhmctic mean
Sulfales > 25 uwm', 24-hr. O\'C
Lead ~ 1.5 ug/m'. monlhly > 1.5 ug/m', calendar > 1.5 ug/m'
avg. quarter
Hvdr02en Sulfide > 0.03 DOIll, I-hr. m'g.
Vinyl Chloride > 0.010 ODIll. 24-hr. al'C.
Visibilily-Reducing In sufficient amount to
Panicles reduce prevailing
viSibility 10 less II",n 10
miles at rclnlivc humidity
less Ihan 70%. I
obSen'<1lion.
Noh:: ppm - parts per million by VOllll11~
ug/Ill' - microgrnnlll p\.'1 cubic lll.:lcr
>"grC!a!~t1l.1fl
> .. gr.e:!.lcr Ih:1I\ or equ.111o S"urcc: Soulh CCl:lsl Air Qu;lIi'" '\':1ll.11!<:'1lI<:IlII)i'ilril.:l 1993
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The federal allainmenl deadlines in Ihis region are 2010 for ozone. 2000 for cnrbon monoxide, and 2001 for PM". The mosl recc.
adopted plan U.11 addressed federal requirements was adopted on March 17, 1989, and appro,'ed by Ihe California Air Resources Bo
in Augusl 1989, prior 10 adoption of the 1990 Clean Air Act Amendments. The 1997 AQMP was adopted in November 1996 an,
addresses procedural requirements of the 1990 Amendments. as well as the three-year review requiremenls of the California Clean.
Act.
Thc dnl.1 for this section oftlle document were abstracted from the SCAQMD CEQA Air Quality Handbook, the Santa Fe "A" Yard E ~
and the District's Rules and Regulations. en
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Emissions associated with demolition are calculated using the emission faclors in Table A9-9-H of the SCAQMD CEQ ~
Handbook. TIle three slnrclure consist of brick and wood frume structures thai have a footprinl of approximately 20,000 squa :Ii
feel. All Ule stnrelures proposed for demolition are one storey in height. Assuming 200,000 cubic feet of building volume, Il1r, E
days of demolition, the following demolition equipmenl (Table A9-8-A, one dozer, one front loader), hauling of demoliti( g.
wasles to a disposal sile, and five employecs, the 10lal demolition emissions per day are forecast to be : 30 Ibslday PM", I ~
Ibslday CO, 3 Ibld1Y ROC, nnd 241bslday NO,. The Handbook emission thresholds for eonstnrelion activities are; 550 Ibsld, ~
CO, 75 Ibslday ROC, 100 Ibslday NO" and 150 Ibs/day PM". Calculated values for demolilion emissions are provided i ..
Appendix A to tllis document. All ,'alues fall below Handbook thresholds and air quality impacts from this phase of the proje' ~
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are not considered potentially significant., :s
The District's new CEQA Handbook coutains a list of daily thresholds ofpoteutial significance for emissions and for the s; n;
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(square footage) of specific commercial uses. The firsl step in an air quality impact analysis is 10 compare the size of t CIl
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proposed facilities "ith thcse square footage thresholds (refer to Table 6-2 of the SCAQMD Handbook). For restaurants a
movie theaters, the thresholds are 23,000 square feet and 30,000 square feet, respectively. Although the square foolage
rest.1urants in tllis project is below the threshold of significance, the combined square footage e.,eeeds Ihe initiallhreshoJd a
shifts tbe evaluation into a delailed analysis of po tenlia I emissions. This analysis follows
Demolition
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Emissions associrHcd with grnding nnd construction of the rctnil and movie stmclurcs were forecast using the mcthodolog ::::)
outlined in the SCAQMD Handbook. The assumplions used in forecasting these emissions is oullined in Appeadix A 10 thi ~
document. The daily emissions forecast 10 occur during construction of Ihe proposed project are as follows. During gradin z
the PM" emissions arc foreeaSlto be 106lbslday. Given the recent adoplion of revisions to Rule 403 which requires be! ~
available conlrollcchnology for reduction of fugilive dnsl. the aClllal emissions are likely to be below this volume. Regardle$! ~
the PMIO emissions during gmding fall below Ihe H.lIldbook threshold. Total daily construclion emissions (olher than fugitiv ~
dust during grading) arc forecast to be: 47 Ibslday CO. 13 Ibslday ROC. 71 Ibslday NO, ' 3 lbslday SO, . and 5 Ibslday PM" :E
These daily emissions :lfe oycrstnlcd bccnnsc p3ying :1cli"itics will not occur until structures arc nearing completion. AI ~
construction emission \'alues [nil below the Handbook emission thresholds. Therefore. no significant air qunlil} impacts 3n ~
forecast to occur during the COnSlnlcliol1 phase of Ihe project ~
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TABLE 2
Summar)' of Air Quality Data
San Bcrn:lrdino Air Monitoring St:ltion
i-
Pollu'lInt S'"ndlll'dJl 1989 1990 1991 1992 1993
(}l.one (0))
Sule Ilandard (J-hr.avg>(J,09ppm)
Fedlo"l"al standard (I oht.lIvg>O.12ppm)
M.:u:imun1 concentration ,)0 ,29 .25 ,2~ ,21
No. of~)'S state stAndard cxcced~d 159 129 127 141 m
No. of davs federal stand.:1R1 excC'o:dcd 115 78 79 85 G5
CArbon Monoddr (CO)
St.:l.k standard (l-hr.avg>20ppm)
Federal standard ()-br.avg>O. J 2ppm)
State ltandard (S-huv82:9. Jppm)
Fod.:nlllluldard (8.hr..v~.5ppm)
Maximum concentralion I.IV'. ~od II 9 8 7 7
Maximum c:oneenlration '.hr. J>I.'fiod ~.I Go 7.0 5.9 6.0
No. of Ways state l-hr.stmd3.rd eXl.'l:'.,dtd 0 0 0 0 0
No. ofd3)'1 r~ll.hr.stancb,d exceeded 0 0 0 0 0
No. ofcbys statc 8-hr.stal1d3.rd exc..-cded 0 0 0 0 0
No. ofcbys fcderaI8-hT.standnrd exceed.:d 0 0 0 0 0
NUrol('n Dioxide (NOJ
Slate standard (l-hr.avg>O.25ppm)
Fcdl,.-ral stAndard (0.0.s34 AAM in PPIll)
Annual arillunetic mean .0-109 .O3~3 .0)55 ,0)56 ,037G
Maximum I-hr, concentration , I~ ,20 .16 ,13 ,15
No. otd3)'1 state I-hr. standard exce~~d 0 0 0 0 0
% f!:cJ.:ml slllnd'lrd ex,"eed.:d 0 0 0 0 0
Toful Susp~ndcd Par1kwlllC's rrSI')
Maximllln 24-hr. concenlrnlion 327 2'9 215 217 ])9
62.7
0
Susp"nd~d Par1kuJlIlt'1 (J1~11')
Stale sUnd3rd (24.IIT.avg>$O ug/mJ)
F!:dunl s13UdD.rd (24.hr.avg>150 ug;I1lJ)
MOlXimum 24.11... conccnlr.l!ioll 271 2)~ 16) DG
Percenl SlImplcs ucc.:ding st:llc sl:l.nd:J.rd 7~_~ ~~,) (j~.J GO
Percenl S31l1(11C3 e:~:C.....-din2 f.:d<:'r:ll 5huldard ~, I :U 1.7 0
AA1\I- Annull! Arillull('UC M(,1lI1 1\." - Jl\ol "Plllkahk
pplIl - p311s fK'r million 1I~:-IlI\J - llli'TlI~"lll11~ PL.'. L.uhl, lilt"'.,.
StlUM'C: Soulh COllll' Ah'Ounllty ~r;II1;l!(,IIl(,1l1 J)j~'r"" "ir()lI:dit,. Dala. 19H9rlwHII2h 1993
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Oocmtions
Emissions associaled \\1th opemtions include mobile Source emissions and energy use [elcctricity and nalural gas) emissi
The emission calculations arc shown in Appendix A. Mobile source emissions arc based on traffic generation estirn
prO\;ded in Ille "Trnffie Impact Analysis Report San Bernardino Enlertainment Center" authored by Linscotl. Law & Greensl
Engineers and subsequent information obtained regarding the mLx of vehicles accessing Ihe site. Total daily emissions
forecast as follows: 29~ Ibslday CO. 21 Ibs/day ROC. 50 Ibslday NO,. and 15 Ibs/day of PM". The only pollutant wi
approaches Ihe daily emission thresholds in Ihe Handbook is NO.. where Ihe Ihreshold is 55 Ibs/day versus the forccasl 0: :G
Ibs per of emissions per day. ~
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adverse impact and Ille necessity 10 prepare and EIl\1ronmentallml'1ct Report [EIR). There are Ihree faclors that further red tll
the importance of NO, emissions from the proposed project, First. attending a movie is a discrelionary Irip. not a required 1 ~
such as a work trip, For such trips. it is assumed 11~1l Ille trip will OCcur whelher this movie Ihc.1ter is construcled or not. Th
Ihe 5.610 daily forecast Irips for Ihis projcct are not all assumed to be neltrips within the SCAB. In this case, several n
thealer complexes have been or are in the process of being constructed within Ihe Inland Empire (Riverside, Onlario. a
Redlands). To the extent thaI the proposed project draws local residcnts to this site instc.1d of these other theater complex,
Ihen Ihe projcct could actuall)' result in a net emissions reduction within the SCAB relative 10 the exisling Silualion. It is r
possible 10 quantify the aClual emissions reductions aSSocialed with Ihis situalion. but il is potentially subslantial.
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Second, Ille entertainment complex is localed directly adjacent to Ihe dOwntown's major bus Iransfer location. As outlined
Ihe traffic sludy, almost all major bus routes converge althis localion and provide a very good opportunity for local residen
10 travel to Ille enlertainment complex on public transit. Although no specific emission reduction can be assigned 10 a progra
to allract movie geers on public Iransit. the following mitigalionmeasure can contribute to overall emission reductions:
2.a.1
In summary. the proposed project will gencrate mobile sOllrce emissions Ihal arc nol forecaslto e"ceed SCAQI\ID CEQA
Handbook Ihresholds of significance for dait), emissions, Further. aner re"iewing these emissions in the context of regional
pl:ll1ning guidelines. net potential emissions, and potential public transit uliliz:lIion. the City concludes thaI these emissions will
not cause or contribute 10 significant degr:ldalion of air qualit)' inlhe SOluh Coast Air Basin O\'er the shon- or long-term.
The tltird rauo",1le for considering projcct emissions as nol signific.1nt is based on the urban redevelopmenl and jobs provide, ~
Q
by Ihis projecl in the conlext of the AQMP and Regional Comprehensi\'e Plan and Guide (RCPG) and Regional Mobilily Plar ..:.
(RMP). The laller IWO docnments were prepared b)" the Southern California AssOCintion of Go\'ernments and they are part o. ~
Ihe air qualit)' planning e/fort to reducc emissions sullicienlly 10 bring Ihe SCAB into compliance with federal and Slate ambielll i3
air qu,1lily slandards. Although project NO,. emissions arc below the Handbook Ihreshold of significance, Ihe City conclude! c
thm Illesc air emissions should not be considered significant in the cumulati"e, long-term context because Ihey were consistent ~
with and furthered Ihe implementalion of Ihe AQMP, RCPG and RMP. Fundamentally. the SCAQi\ID and SCAG ha\'e ,
projected Ihat ambient air qualily slandards will be mel as long as future growth. including commercial dcvelopment, occurs ::
within Ihe growth and deyclopment framework outlined in these plans The proposed project redevelops land within Ihe :is
downtown portion of the Cit)". pro\'ides an estimated 200 new jobs to enhance local jobs/housing balance. and provides good ~
Opportunities for pnblic Iransit nse b)" emplo)"ees and movie auendees The project also pro\'ides a high-qualitJ. local W
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entertainlllent \'enue tl"'t em caplllfO Ic;tkage of mo\'ie patrons to new Ihealer complcxes thai ore located at subslantially greater C
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A fC\1ewofseveral recent EIRs which inclnded fUlure potential for CO hotspot \'iolalions. indlcales thai the pOlential for such
hotspots to occur is below a sigllific:rnllC\"CI. Gi"enlh,11 CO emissions and \'iolalions arc being reduced within the region. none
of the inlerseclions identified as being a!Tecled by the proposed project arc forecasl to exceed the one- and eight.llOur CO
sland;]fds. No miligallon is required 10 ;]ddrcss this issue
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2.b. No acti\'ities, mmerials or ehcmicals with odors arc proposed for usc or implemenlalion allhis projecl Sile. Therefor.
potential exists for adverse odor impacls fromlhis project. The informalion supporting 1I1is conclusion is based on a re\'ic
the actj,ities thaI will be conducted in Ihe movie and relail Slruclures. No chemicals or olher odor producing malerials wi
used or affected by Ihe proposed uses in Ihe projecl Slruclures.
2.c. The project is nOllocated "ilhin a high "ind hal.lrd area. No pOlenlial for ad,'erse impacl from eXposure 10 high wind haz
exists. The infonnmion provided in Illis discussion was obl"ined from the Cily of San Bernardino General Plan.
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Reference"
Cil)'ofS:m Eo=mardino. 1996. n!;lnd C~ll~r Mall Ex :1Il~ion Fin:lJ :ll\'irm\lll~lllal III :tel!(c r1
City of San B.:mardino. 1994. Su~rhIOl.'k Fin:!! El1virtlllllh...ll,,1 Im";!"l Ro:rJOrt.
South Coast Air Quality M:lnagemcol District 1994/1997. Air OUillilv ~f:lIl;U!elllent PI1li1.
South Coast Air Quality Afallo18('f)~nt District 1993. CF.O.-\ Air Oll:1lit\' H:mdhook
Soothem California Association ofGoVtrnll1alls. 1994. Re1!ioll:11 COllmro:hl'llSiw Pl:lrt Olnd Guido:
3.
WATER RESOURCES
Environmental Selling/Project Impact
3.a.
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The Projecl sile is presenlly developed in urban uses and all areas arc paved, compacled or covered wilh Slruclures. Und E
Co
existing cireumstances Ihe runolT cocmcielll for Ihe projecl area is estimaled to be belween 95-] 00%. TIle proposed projeclwl 0
ullimalely resuh in Ihe whole sile having a comparable runofTcocfficienlwhen lhe exlensive landscaping is included. Tl ~
polential change in impermc.lble surf-lee is negligible wilhin Ihe 3.86 acre sile. RunofT from the sile in Ihe fulure will remai ~
essentially Ute smne and the sile nmolTwill be delivered 10 the downlown Slorm drainage syslem whiell carries /JOIVS from t1: ..
sile in the Slreel seclions and subsurface drainage pipes. The direel of dminage will remain Ihe same wilh Ihe surface runo: ~
being delivered to the Ly.t1e Creek Channel soulh of Ihe Inland Cenler Mall. JUSI soulh of where Ihis drainage inlercepls th :s
LyUe Creek Channel, Ly11e Crock and 1l1e Sanla Ana Ri,'er merge jusI wesl of the 1.10 and 1-215 Interchange. No polenlial fo ~
o
signifieam impacts in sile runofT arc forecasl to occur and no miligalion is required. The information in Ihis discussion wa ..:.
oblained from a field re,'iew Oflhe sile aud a review oflhe Saa Bernardino Soulh 7.5' Topographic Map. ~
;:)
Slonn runolTfrom Ihe projeel sile wiil be direcled 10 Ihe exisling drain"ge s)'slems localed wilhin Ihe Slreels which bound II" ~
property. 111is is the Same drainage pallern which presently e.,isls. No polenlial to change Ihe COurse or flow of flood waler! Z
has been identified and no miligation is required. The informal;on inlhis discussion was obtained from a field review of the :;:
sile and a revieIVoflhe San Bernardino South 7.5' Topographic M"p. :
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The polenlial for allering discharges inlo surface waler will exisl only dnring cOnstruclion. Gthen"ise. fUlure surface runolf
will be from comparable buildings and paved areas. The applic"nl wiil comply wilh 1l1e CilY's Slormwaler Pre,'ention Program
(SWPP) for Ihe gmding component of Ihe proieel as reqllired b)' existing regulntions. Implementalion of an SWPP for the ~
projecl sile will ensure Ihal runolT durillg eonslruclion docs nol cause significanl W"ler qualil)' degradntion. No milig"lion ~
measure is required to ensnre Ihat Ihis Plan is sllbmilled since il is a mand.llor)' requiremenl b)' law. Arter lhe projecl is s:;
"
conslnlcled. the nmofTfromlhe proieel sile \liil be eqlli""lenllo thai fromlhe existing projecl site b"sed on similar conunercial S
and parking uses. No pOlenlial for degm"alioll of waler qu;]lil)' is forecasllo OCcur if Ihe projccl sile is developed wilh Ihe <(
proposed relail and mO\ie SlruClures and lIses. No miligalion is required. The inform,"ion in Ihis discussion was provided based
on amicII' oflhe regubliolls requiring Naliollal POilul'lill Discharge Elimin,lIion S)'S1em conslruclion general permils for Slorlil
waler discharges and a re,'ie\\' of Ihe flllllre uSes oflhe project sile as defined b)" Ihe applicant
3.d. The proposed projCCIIL1s no polenliallo direell)' ch'lllge Ihe qllalil)' or qnalltil)' of ground mller. The issue ofwaler consulilplion
is discussed under the lIater suppl)' subseclion of Ihe Utililies seclion of Ihis CheckliSl (Seclion II). The conclusion regarding
no direct elTecls on quantii)"' and qualil)' of grOUlld\l:lIer is b'lsed 0111he "eJllh 10 groulld wnler 'II the projecl sile (eslimated al
more th.ln 100 feel below rhe groulld surface). Ihe assulilcd 100% runo/T of surr.lce waler frOmlhe Sile. and Ihe laek of change
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in uses and l)pes ofstrocturcs once the project is complelcd and in opcmlion. In addition, no chcmicals or olher malerial
be brought to or used at the sHe thai could Cause any conUl.lninalion of groundwater. The infonnnlion in this discussiol S
provided bosed on a review of Ihe sile design and R review of fUlure uses at Ihe projccI site as defined by the applicant.
3.e. A 1C\1eW of the sile and U,e flood ha,.1rd map inlhe Gencml Plan indicates Ihat thc projccI sile is nol subject to severe f100<
Therefore, no significant polemial for e''JlOsure of people or propeny 10 flood haz.ards is identified for this projecl. No mitig;
is l'lXJuircd. The infonnnrion provided in this discussion is based on a field review of Ihe sile and review of the Genemll _
Technical Background Documen! and General Plan EIR. i
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3.f No other water resource issues hOl'e been idenlificd Ihat would be affected by or would nITeet the proposed projecl. ~
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References
4.
BIOLOGICAL RESOURCES
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Cily of San Ben~rdinD. 1989. innl .11\'ironll1~l1tal fm act ~ 011 Ci, . OfSill1 IknJardino O.."I1.:r.lJ ;Ill
City of San IkmDrdino. 1989. GCTll:'tal Plan.
CityofS4n lkrnlJrdino. 1988. Cil 0 Snn 'nl.1ntino G..'tlC'rnl Plan ct:alo:' T~'hlli':::lt ftlo;k ound I~' crt.
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TIlompson Publishing Group. 1992. Slomm'l11er Ptt11lit M:Ulllal. Vohlln('~ ) and 2.
Slonnwaler Quafily Tnsk Force. 1993. C:llifomi:J Stem! W:lI~ A~!l:1 M:lna2o:m~'111 Pra':licc: H,lI1dhook.
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The project site h.15 been com'ened 10 wuan uses and filcililies nnd no 1l.1live or nalnml ecos)'stellls remain wilhin or ndjacenllO the SBE ~
projecl sile. Very limited non-nalil'e landscaping can be found on Ihe project sile.
Environmental Setting
Potentia/Impact
4.e.
The project site docs not cOOlain any malure trees tlwt willnccd to be rcmoved. No potenlinl for adverse impact exists and n
mitigation is requircd.
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The project site docs not eonlain an)' "'Iluml hnbil:ll and Ihere is no potenlial for ndversel)' impacling biological resources frOJ 9
....
implementing Ihe proposed SBEC Project. No mitignlion is required. en
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The infonn:ltion for this discussion is oblained from <J field sun'c)' <Ind the General PI,m NaluraJ Resources Overlay, Figure 41 ~
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City ofSanlkmarditlo, 1989. Fill:!1 E'l\'irol1lll~."t;lIlnma':l H~'lxlrl Cily OrSal1l1.:nl:mhll\l (kl1.:ra! 1'1:111.
CilyorS:lll U~'TIlnrdillo. 1989. G~"lI"'r:lI PLlll.
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City or San [kmardinQ. 1988. CitvorSall 11~'T11;lrdill'1 G~'ll,,'r:lr 1)1;lIl t :1'1<1:11.: T~,..:llIIj,.,'al B:ld,"rllllud Hel)llrl.
~. NOISE
En\'ironmentnl Selling
TIle project sile is located in the middle of downlown San BerIlardino. II is a highly urban 10Calion wilh significalll bnekground or
ambient noise lel'els. The primal)' source of the e.xisling ambicnt noise cnvironmenl is lramc. According 10 dal:i eOI1lained in Ihe
Geneml Plan Technical Background Repon (Table 64) I",mc noise al 100 feel from tlie cenlerline of 5'" Slree! and E Streel ranges from
66-68 dBA. L&,. Based on Iramc ,'olullles idcnlificd in recem studies. !his ICl'eI of ambien! noise is still considered adequ:ile for llie
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current noise selling in the projecl arcn. NOle Umt single noise e,'ents, such as trucks, demolition equipmenl, police and fire vel
sirens, 111.1)' exceed 90 dBA, but Ute composite (L...) background noise is slill in the s.1me general range, i.e. 65-70 dBA. Given the
of residential uses in the immediOle ,'icinity of Ihe proposed project, the ",ubienl noise environment is not considered signifi~nt al
project site.
POlenliallmpocl
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5.a. The proposed project docs nol conmin iln)' noise sensili"e uses that would be exposed to the ambienl background SOund Ie' en
..
Ihal could pose a signific:ml constminllO Uleir development. No polenliol for significant impacI to new sensilive land uses ex E
and no miligation is proposed. The information prOI'ided in this discussion is bilsed on a review of Ule proposed project I: .~
uses and the background noise dOlo conloined in the Geneml Plan, Bockground Technical Report, and Ihe General Plan E u
;;;
The ""yor access routes to the project sile arc e.'pecled 10 be the 1-215 Freeway, 2"" Slreel. 4~ Street. 5~ Street. and 6~ Str g>
from U,e east and west. and E Slreet, F Street, D Street and Arrowhend Avenue from the north and south. Oftl1ese streels, 01 !!:.
5" Slrccl (\\~ ofE Streel), 6~ Slreol, and Arrowhead have noise sensilive residenlial uses adjacent to them. Based (he (raJ ~
.
distribution in the traffic Sludy compleled for the project. the polential e.,ists 10 increase noise levels on the streets Containi ::
residenlial use by some amount Jess thnn 3 decibels (considercd significant in most juriSdictions). ConSlruction noise can cre: c:
a nuisance for rcsidenls on 5" Slreot, between E and F Slreels. This potential can be miligaled by implementing the followi. ~
measures: Q)
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5.b.1 Exterior construction aeth'ilies in\'OlI.jng noise producing equipment shall be restricted to the hours between <(
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a.m. and 6 p.m., e.ce,'t in the e,'enl of an emel'genc)'. ~
E
5.b.2 The applicant sh:dl ensul'C that all eonstmetion elluipment be opernted with mandated noi5e control equipme. g-
(mumers or silencers). ~
"
c
5.b.3 H noise com"lainh are reeeh'ed rrolll residents, tlte "pl,licnnt shnll in5tallllortable noise reduclion ..ails 0
bnrriers to attenuate sound 'e,'els to less Ihnu 3 dnA g"c:lter titan bncl'ground sound le"el. ~
....
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5.b.
Implementalion of these llIeaSUfes Can enSUfe Ihal no significant noise impacls \\'i/l resull from eonslrueling the proposel
project.
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Perm.1nenl opomlion noise lel'els lIi/l consist of Ihose associllled with relail commercial and movie palronage aClivilies. Thes< g;
activities arc consiSlent wilh Ihe background sound lel'els and arc nol forecasllO generalc e.,terior noise levels Ihal equal 01 U
exceed the exisling background noisc le,'cls Ihal arc dominated b.\' [raffic. No miligalion is required. ~
:;;
References
S.c. No other noise impact issues h.,'e been identificd Ihal would be affccted b.\' or \\'ould nffcct the proposed project.
r
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City ofS<l1l D.m.ardino. 1989. O.:n\.'!r311'1:l11.
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City ofS:!" &"t11ardino. 1989. in;,1 Envirolll11':>llIal 1m 11.:1 R.:- rt ('it\' OfS;l1l B~'nl:lnlil1o GCI1~ , t Ilia"
City ofS,lI1lkn,:mlino. 1988. Cil . ofS:lII n"'nt;1ntino n"'fh:ralI'I;UlI r 'd;1l~ T,,'dmi.::tJ Ilad, 'mund R~ klrt
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Environmental Impact Checklist
Page 27
8/94
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Ii>i!c:ket Pg. 360
7.C.c
6. LAND USE
Environmental Setting
Potentia/Impact
The projeclsile is located in tl.e "Do\\nto\\n" ponion of Ihe Cil)' of San Bcm.1rdino which has been given a Commercial Regional (CF
dcsigJl.1tion. TIle idenlified uses in the Geneml Plan ore government, professional. and corpomle omces; hotel and COOl'ention facilil
enlertainment; culturnllhistoric; supponing retail uses; reslaurnnts; and residential (markel-rale and senior/congregate care). ~
mandated FAR (Floor/Area Ralio) for commerci,,' and omce lIses is 3.0, The existing J"nd uses in Ihe immediate area include re en
commercial, gOl'ernment and professional omce, and service IISes. ~
"
,50
u
iii
The proposed SBEe Project would establish a 20.thcatcr movie vcnue nnd retail commercial activities. including rcstauran ~
These uses are consistent willI Ihe cllrrenl General P!,m designation. The projeclwill eonfonn with Ihe exisling FAR of 3 D::
Based on the consistenC)' of the proposed land uses with the existing land use designation, Ihe SBEC Projecl will not caUS!
significant land use impact. No mitigntion is required. The inform'llion provided in Ihis discussion is based on a review Ofl
proposed project land uses and the background land use data contained in Ille Geneml Plan, Background Technical Repon, a.
the General Plan EIR.
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6...
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6,b.
TIle project sile is nOllocaled nem any "irpon. nor is illocaled \\;thin an Airport Dislrict. No potential for conIliets with airpo
uses exists and no mitigalion is required. The information prOI'ided in this discussion is based on 8 review of the backgrour
land use dala oontained in the Geneml Plan, Background Technical Report. and Ihe General Plan EIR and an area field surve:
"
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II
6.c.
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a.
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The project site is nOllocated wilhin a Foothill Fire Zone 1I0r is illocated wilhin the high wind hazard area of the City, N a;
potential for eonIliets with wildland fire haz<1rds exists and no mitigation is required. The information provided in thi 1;;
discussion is based on a review of the background land lIse dnta eontained in Ihe General Plan. Background Technical Report ~
and the General P!:m EIR and an area ficld survc.\'. 0
....
...
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6.d.
No olher land lIse impacI issues have been identified Ihal would be a/Tected by or would a/Teetlhe proposed project.
References
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'"
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City orSon Bcmordino. 1989, .ill;;!l Ell\'ironlll\.'111;1l1111 Ol\.11~.: "11 ('it\' l)fSan Ik'fllOlnlil1o G~n~rall'tall.
L i City or San (kmardino. 1989. G\.'lI\."rnII>l:1n.
City ors:m Ekn13rdino. 1988. Cil 0 SOln n\."Ol;'lrdil111 Ci\.'n~","r Pl;lIll! lI;il<:. T\.'i:hl1iC';t1 B;'Id, 'roUIl !t\.' 1
ri
7,
MAN-MADE HAZARDS
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j'.:t1V;ronmen/n! Selling
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!:
Based on a review of exisliug uses on Ihe projeel sile. no man-made I""""ds related to halJlldous Illaleri"ls or wastes was identified. ~
This conclusion is bnscd on a l'Cview oflhe Phase I En\'ironmcnt:11 SilC Assessments for properlics IOC:llCd wilhin the project nrC3. The J:
"
sile confains no known currenl or hisloric underground stor;lgc t.lI1ks. and although the propcnics h.we been in use since before 1900, .5
none of the historic uses were idcnlilicd ;15 rclc;:Jsing h,lzardolls m:lIcrials onsile. <.
Potentia/Impact
7.a. During oonstruclionlhe projcel will use petrolellm producls ror fuel :lnd lubrication or conslruction equipment. Mitigalion for
an,\' :lccidenlaJ spills is prOlidcd lInder issuc 7.b.. below. The project consists of occ~p,\'ing and utilizing relaii commercial and
1Il00;e 5p.1CC. Comlllon household c!c<,ners and olher maintenance chemicals (such as "mlllonia. soll"ents. pesticides, elc.) will
be nsed in these f"cililies. but it is not anticip.1lcd 1!];lllarge lmd/or continuous quantilies of hazardous materials will be utilized
City of San Bernardino
Environmental Impact Checklist
Page 28
8/94
28
I Packet Pg. 361
7.C.c
based on the proposed uses. Consequently, no !:lrge andlor COnlinuous quantities of hazardous waSles will be generaled
would pose a hazard to humans. Based on the type of uses, no polcntial for significanl usc, slorage, transport or disposal of t
or hazardous Imterials \\ill OCCUr. As nOled above, miligmion is proposed below to address accidenlal spills during conSlrucl
The infonn3tion in this discussion is ob'nincd from a fCview oCthe allowable uses and activities Ihllt might cause signifil
man-made hnzMds in rhe future.
7.b.
During construction one polenlial hazard ma)' be created by conslruclion aClivities. As part of conslruclion activities, petrole
products will be delivered to the project sile to supply construction equipmenl wilh fuel and lubricants. The polential
COnlamilullion caused by accidental release of such chemicals can be fully mitigmed by implementing Ihe following mitigal
measure.
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The alllllieant shall require all contractors to control spills of petroleum produCls and, if such Sllilb occur. 1 iii
contaminatcd soil or other material "1:111 be collcctcd and/or trellted and dispOled of at a facilit), Iiccnsed. g>
contaminated soil. Rccords of spills and c1eun-ull effol1s shull be retained h)' Ihe de,'eloper or contractor a ~
made availablc to the City upon rClluest, ~
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7.b.1
The information for this discussion is oblained from rcvicw oflhe proposcd projecI land uses and construclion activitics, a
an evaluation ofpotcmial hn~1rdous nClil'ilies associ:lIcd Wilh the project
7.c.
The potential health and safety hazards associ3led wilh construclion aClivities ha"e been oullined under issue 7.b.. The propos
uses of the projecl site, relail commercial and 1110vie Ihealer activilies, do not have any potential to cause heallh and safe
hazards beyond those normally accompanying such uses. Programs arc alr""dy in place to manage human safety witho i:
creating any significant health or safely hazards. No significant haz.,rds are forceasl from implementing Ihese uses and I ~
mitigation is required. The information for this discussion is obtained from review of the proposed project land uses ar g.
construction activities. and an eVilluCltion ofpOICnli:l1 hazardous activilies associClted with (he project. Gi
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7.d.
No other man-made haz.,rd issues have been identified thai would be afTected or would alTect the proposed project
References
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:!:..
City of San n....rnardino. J989. in.,1 .llvirolllll 'nf:tllrn a.. R~ Cilv ot'San n~. lardillO G~n.:ral PIau.
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en
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City of S:m B..'nl:lrdino. J 989. Gt!lL....I Pla.n.
City ofSnn Bc-nlo1rdino. 1988. Cilv of San flC'mardino Gen~"",lr Plalllflxl;\l~ Tcdlllic.1I nackl!round Rcnort.
i i
L; Ecologies Lchr. Inc. J997. h:\~ Em'ironm..'111.d Site s.~~""-tl;IlI..,"1 (lI1du..'kd at 452 i'i "F," Street S:lrllkma lino alifomia.
Ew]ogil.'S Lchr, Inc. 1997. Pha.o;c Ell\~rol\l11crll:l1 Silc A\,~.tl;mCIlI Condu..'l I :11470~. "EO' Slrcl.:1 80m Bernardino Caliromi:l..
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8. HOUSING .;..;
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Enl'ironmemnl Selling E
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According 10 recent housing data summarized in Inland Bllsiness magazine. home vaiues comilllle 10 drop and rea) eSlale foreclosures :i
are up 6~% (12,000 units) comp.,red to the firsllenmonlhs in 1992. The ol'erall trend in housiug is for more homes on the markct than
can be absorbed by existing demand. Through Oelober 1997 the Irend in jobs for Ihe Inland Empire (Rivcrside and San Bernardino
County). when seasonally adjnsted. is up. \\'ilh nnemploy'melll no\\' ill the 7.5% rllnge. Based on these data. the current housing
jlll'cntory is assumed to exceed the demand alld 110 il11prOl'emelll in demand is forecast 10 occur ill the ne,,, lerl11 fnlure.
Ecologi", uhr.lnc. 1997. Phase I F.n\'irOlll11~IlI:]] Sit.: -\.<;~~"li..<;1l!~'111 CondlJ~1~4..i\.WO.~50 4" S[~nD.w.1~'!1itQruiil~
City of San Bernardino
Environmental Impact Checklist
Page 29
8/94
Pack~t "g. 362
29
7.C.c
Potenlial Impac/
S.b.
S.a. The proposed project \\ill not rem""e e.,isling housing or reduce m'nilnble housing units within Ihe Cil)'. II is nrgunble whe'
lhe project \\ill inercnsc demnnd for housing over Ihe shOrt-lerm. The proposed projeel will provide jobs for an eSlimaled
persons. The net increase in home dCl1lt1nd is forecast 10 be very low for these persons since it is anticipated that the majo
of jobs will be low income entry le\'c1 jobs and the projccls will draw upon Ihe e.,isling avnilable labor pool. No polenlial
significant impnello housing resources is foreeasllO occur. Regardless, gh'en the subslaminl number of homes backlog. _
on the markel, the poleminl demnnd for homes from full developmelll of this projcet is nOI foreenslto be significanl. ~ lil
informmion provided in Ihis discussion was obtnined from n review oflhe projeel size, General Plan, Teehnienl BaekgrOl ~
Report. and the housing. commercial office space. ill\d gener:11 business in[orll1:ltion provided in Ihe Inland Business magazi ~
Janua,:\' 1996 edition. U
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No olher housing issues hm'e been idenlified Ihal would be affected or would affect the proposed projecl.
References
City of San B.m1ordino. 1989. Genmll Phm.
City of San Bmtardino. 1988. City ofSalllkml'lrdino G~'n~'r:ll PI.ln l 'nt.bl.: T~~'1I1i\'<l1 Bad.:l.!mund J{\'oon.
.
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Vincour Publishing, Janul1ry 1996. "Inhmd Dusine'SSM.
9.
TRANSPORT A TIONIClRCULA TION
As dctermined in the Linscolt. Lflw & Grcenspan tramc study, nllninc oflhe nfrectcd intersections arc currcnlly operating at 3 Levc
ofSel\ice (LOS) Uk11 meets Ihe Cily's standards. LOS D during peak hour. A copy oflhe I"t of this stud)' is prO\'ided ns Appendix E
ofrhis document. Exhibits 4 find 5 of Appendix B slll11111.1rizc the e.\:isling rO;ldway conditions for roadways ,lnd inlcrscctions.
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The traffic data used in prcparing thc General Plan and Gcneml Plan ElR (sullllllarized in T..ble 12 of Ihc EIR) demonstrated Ihm III ~
surrounding Slrcets operate nt an accept..ble lerel of capacil)'. Howel'er, al bllildom volullles the Geneml PI..n EIR forecastthm level ~
of service nndlor volume/cnpaeil)' ratios On "En Slreel and 5'" Street would exceed the capacity of Ihese streels. Regnrding othe <>
transportntionlcirculmion matters. ildcqufltc public tmnsit capability, provided by Omnilrans. e.xisls 011 the surrounding street systcn' ~
Adequate public parking for cxisling businesses within thc arc:1 currenlly e.xislS on the Projccl site on adjnccnl areas. The project sit _
docs not provide any air or rail traffic scn'icc. 0
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Environmental Selling
1
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Potentia/Impact
9.a
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The Irnffic stud.\' forecasts lhalthc proposed project will gCllCr:JIC illl estimated 5,610 trillS. Whcn combined with bnckground ~
traffic growth in 1999, the project will c:msc tmfl1c now during the PM pc:lk hour (0 degrade, but wilh one C~ccplion, no ~
signilicm! imp.1ct will OCCur b:lscd 011 comparison with City impact critcri:1 (LOS D during peak hour). The one e-xccplion. is .;.:
the intersection of 5tll and "E" Street where lhe Pi\1 pC:ik hour lmffie flow \\ill be reduced to:lI1 Wl:Jcccplablc le\'el ofimpncl. i
Mitigation is identified below which call eliminale this significallt imp:lct. By Ihe rear 2002, lhe project and CUl11ulclli\'c traffic E
.I::
impacts remain nonsignificnnl. including tllC .5'h and "E" Street intersection with the assumed impro\'cmcnts. To mitig:ltc CJ
III
impacts at Ihis one inlersection. Ihe following illlpro\'ements II1t1SI be implcmenled: ~
9.a,1 RestlillC the nol1h ..nll south legs of "r" Slreet 10 11I'01'i<le excltlsire IcfHorn lanes and a shared through-righl
lane. To accommodate this irnIH'U\'l'I11Cnr, ~()I11C of thc existing on.slrcel ;In:.:ll'd Ililrldn~ along the east nnd wesl
side of ~.E" Sh'cel will 1I('l'd 10 he I.'liminatl'd or (oll\"e,'II.'<I to fI:lrallcl p:lrliin~ sp;,ccs,
Implemcntalion of this mensure Can il1lprm'c trame now nl this inrcrscctiOll so tl1:1I110 significant delays, using City critcrill,
:Ire e~perjenced.
City of San Bernardino
Environmental Impact Checklist
Page J 0
8/94
30
I Pac;ket Pg: 3637 I
9.e.
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9.f.
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9.i.
Rf.,(i..'rt.'J1ces
7.C.c
9.b.
The project will eliminate 235 parking spaces, bnl proposes 10 rely npon shared use of the Superblock parking structu
immediately across the street, and other olTsite p.1rking lots and struclures inlhe general ,'icinilY of the project. A parking st.
has been completed for Ihe project which demonslrates that its lIse of oITsite parking resources. primarily during evening a
weekend hours, \\ill be adequate to mcellhe City De'elopment Code requirements. A shared demand e"ists for 3,022 spal
and Ihe area has a total 00,108 sp.1CCS available. No signific.1nt adl'eISC p.1rking impacts arc foreCnsl (0 occur, The informati
provided in this discussion WnS obtnined from a review of the project descriplion, Development Code parking requiremel
outlined in Article 3, Chapter J9.2~ of the Code. and the parking stnd)' which is attached as Appendi, ),
Cil
The public lrnnsportalion system currenll)' pro\'idcs adcqu;ltc seryice to the urea, and if dcmnnd increases. it cnn expand to me E
the demand for trnnsit services 10 the project site. No pOlcminl for adverse impact is forecast to occur and no mitigation Q)
l:
required. The information in provided in tllis discnssion was obtained from the General Plnn Technical Background Repe (3
and EIR.
9.c.
9,d,
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The proposed projecl will not alter any prcsent potterns of circulmion in the downtown Mea. It may result in shifting II ~
locmion of movie patrons in the commullit~.. but the physical circulation pn(lcrns will not be altered. No significant impac S
to e.'<isting circulation patterns is forecasllo OCclIr and no mitigation is required, The infonUnlion provided for this discussie .:-
was obtained from 11 field review of the e,isling circlllalion pattern and a review of available access 10 the project site after :
. d l:
IS eveloped. Ql
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The project site is not locnlcd on or ncar any mil or air transport<ltion ftlcilities. No <Id\'erse imp:1Cl is forecast 10 such racHitic;
if tile SBEC Project is implemented. No mitigalion is required. The infonnntion provided in this discussion was oblained frOl
a field review of the arCH and a review of the Gcneml Plan and sllpporting documents,
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The project 11UI:ycrcnte road h:JZc-1rdS as n rcsull orconstruclion activities. During conSlnlction, E Streel. SIJ Street and 4th Strec c.
o
would be alTected by construction acti\'ilics. This cre.1les Ihe pOlemial for II short-term increose in traffic ha7.1rds on these rch1d Qj
which will be adjacent to conslruction nctivitics. Thc following miligalion measllres shall be implemented by the applicant t, ~
reduce such potentiol hazmds below II signiflcantl.I'.L 0
9.f.1
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The construction conll';1ctOI" or ,llJplkllnl shall J11"()\"jdc adequate tr.lflic control rCSOlll"CCS (signing, protectivl :!:
dc\'icest crossing dc,'iccs, dctOUI'S, na~llcrsonst etc.) to maintain safe trarlic flows on nil st.'eels affected b~
~
construction ae.h'Wes. If construction beneath H I'oad is not completed h)' the end of the du)'s work, th( 0
,.:.
contraetOl' or ilJlJllicnnt sll.." ensure that iln ad('(luatc traffic acees.\! route exists to all arellS where :Ieeess exist~ 0')
at the time of constnJctiofl. a.
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9.f.2
Tnlffic hazards thilt may affrct \'l..'hk'lcs, hic)"Clcs, ur pedestdans shall be identified .lnd controlled b)' the
contractor ai' ;lllplicant prior to consh1Jction lUl(ll'e~()LlrCCS made il\'ililahle to Iu'cl'ent 01' minimize these hazards
during construction,
~
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The information provided in Ihis discussion was oblaincd rrol11 a re\'iew oflhe project description cllld Ihe local circul<llion ~
S)'stcrn, ~
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The proposed project \\ill not <lIter the exisling pallern of roads. No pOlcllllal [or ad\crsc impact to road palterns is forec;lsllo ~
occur and no mitigntion is required. E
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"
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No olher lrallsport.ltion/circlll:uion issues 11;,,'c been idelltified thai would be nlTcclcd or would afTeel the proposed project, :::
<(
CilY OrS.1l1 D..:nlardil\o. 1989 Fillal Ell\'ironm":IlI;1! Imna\'\ rto:n.'t1 ('il" nl'S;11l lknun'ilhl (;\'Il.:ral Pbn,
Cil)'ofS.11l n..""udino. 1989. G\'JI,md /11;111.
Cil)' ofS:lI1I.l~mnrdino, 198M. Cil\'ofS;lIl B..'l1I:1nlill'llkll\'ral 1)1,1111 hl.lk T\'\'llIli\'aJ Ikl~'~CnlUlld U':fl.lrt
City of San Bernardino
Environmental Impact Checklist
Page 3 I
8/94
Packet Pg. 364:..
31
7.C.c
10. PUBLIC SERVICES
Environmental Setting
a. Fire
The City Fire Department m.linlnins II lire stnlions spread slrategicnlly throughoulthe City. In nddilion, Ihree California DepartlT
ofForestJy (CDP) and one Cenlral Vnlley Fire District (CYFD) stations arc located in close proximily to the City. City Fire Statior -;;
is 1000led approxim.1tely Y, mile from the project site on 3" Slreel, jusI eaSI of Sierra Way. Adequate resources are available to resp ~
to U,e project sile in less than the three minutc threshold of significance idenlilied in the General Plan ElR. The Fire Departmenl' CI>
the Unifoffi1 Fire Code, the National Fire codes, and Ihe California Code of Regulolions as Ihe basis for iI'S enforcement programs ~
addilion, U,e City has adopted more stringent fire regulations in arens of building construction which requires nutoInalic fire sprinkl iii
in all new commercial buildings over 5,000 square fcel in arca. g>
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b.
Police
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The Geneml Plan ties future denL1nd for police sc"ices 10 gromh in populalion. Thc proposed project is nol forecaslto cause any dir ::
increase in population as U,e projecl is expected to drm\' upon Ihe exisling labor pool for most of the 200 new jobs. The Departmenl :ii
striving to maintain a officer/population ratio of 1.7 officers per 1000 persons in ordcr to ensure adequale prolection. With the Pol; ~
Deportment located two blocks nonh and Ihc projecI area alrendy on routine patrols, the response time to Ihe project sile should rem, E
wilhin one minule response lime. ~
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Education.11 facilities are provided by the San Berl1.1rdino Cily Unified School Dislricl whose boundaries encompass the project sileo TI Gi
General Plan identifies Urnl the District r.,cilities in 1988 will rench 99% capacity for elementary schools, 83% for inleffi1ediale school i;
and 97% for high schools. The School Dislrict bclongs to the Stale School Building Program which allocales monies for scho, ~
conslruclion. Assembly Bill 2926 was passed in September 1986 granting school districlS Ihe ability to levy developer fees on ne ~
construction at a flIte of up 10 25 cents per square fOOl for commercial de\'elopmcnl. This fee has since been adjusted by legislation i :;!:
1992. When AB 2926 wns passed Ihe legislature determined these fees provide adequale mitigmion to lessen projeCI impacts 10 a pail _
that they are not environmentally signilicnnt. The City has cS1;Jblishcd .1 mitigation fee levy is c."\pcclcd to be npplicd to the project.. q
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The projecl sile docs nol contain an)' park or recrearion facilities and docs not provide an)' recrealional services. The closest park 10 th, ~
project sile, Pioneer Park, is loemed aboul one block north Ht the corner of 6"' and E Strects. Scccombe L.1ke Park, a Stale urbal :E
recreation (lr~1 is Jocaled three blocks enst of the project sile.
d.
Parks and Recrea/ion
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Emergency Medical Services me pro\"idcd by City Fire Dcp~lrtl11cl1llrnincd pcrsollncllhrough the EMT.Paramcdic program (see fire .;.;
above). The closest hospitals 10 the sile arc San Bernardino Comlllunit). Hospital. COllnl)' Hospilal (unlil it is relocated) nnd SI. :ii
Bcrnardinc's Hospital. All JlOspilals arc within a fh'c 10 ten minute dri\"c from the project sile. Existing uses on the project site crCOllc E
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a small, unquantiliilblc amount ofdcll1:lnd for cl11crgcnc~' medic,]l (lid. g
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Solid lI'osle
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Medicol Aid
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Solid \lnste collected fromlhe projccl site is prcseuII)' disposed allandfills in Ihe east valley, either Callan, Mid-Valley or San Timoteo
Landfills, thai are ope/lIIed by the Count)'. A small. butunkllown. \'olllllle of solid wastc is gencrated frOllltlte project site ntlhis time.
The Cohan L1ndfill is scheduled to closed \litltilllhe next five )'cars, bllt Mid- Vnlley and Sail Timoteo are being permined for 1I10re than
live-years, the current planning horizon establishcd b)' the California IlIlegratcd Wasle Mnnagcmcnt Bonrd for operating landfills.
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No other public service issues Imvc been identified where fI potential environmentn1 impact may occur.
Poten/iollmpac/
a. Fire
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The proposed project "ill replace some existing structures with new and substantially Jarger structures, The potential increa ~
in demand for lire protection services was addressed as pan of thc cumulative demand forecast in lhe General Plan, Technie Q)
Background Repon, and General Plan EIR. The project's comribution 10 cumulative demand for lire protection services, ~ ~
mitig.1te potential imp.1cts upon lire protection sen'ices and the Fire Depanment's ability to provide adequate levels of servie ili
the EDA shall implemem the following measures: g>
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10..1.1
10.n,2
The applicant shall ensure that adequale infrastructure and \\'lIter suppl)' arc available onsite and I,er Cit
standards to meet peal: fire no\\' requirements ,md that they will be in Illncc and opcrational prior to occupanc
of the new faeilitics,
Rcquire that the project construction meet the st'lIIdards referenced above related to type of constructio g:
materials and installation of sprinldc."s during the rc,'icw of plnnning, building, nnd construction drawings. .;..
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The DC\'eloper shall be ,'esponsible for the inst,lIlation, maintenance and enforcement of adequate access to a 1:
facilities for fire equipment within structUl'CS and on the adj",ccnt rondwll,ys. E
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The information provided in this discussion was obwincd from a rcvicw of the project description and the General Plan an,
supponing documents,
b,
Police
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The net eITcct on police seniccs from de\'eloping the SBEC Project should be appro.,im:uely the smne as the current downtoWl
demand because the uses are consistent (rctail and emerlainmenl) with existing or historic uses in lhe project area, POlentia C;
imp.1cts on the sitc can be orr-set by implcmcnting the following mitigation measure to minimize crime potentiaJ through design ~
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The alllllic,mt shnll confer with the Cit)' Police Dep'\I"tl11cllt nnd jointl)' de\'elop n set of recommendations for
enhancing public safet>' within thc struchll"cs tlIHI in COUI1)'anJ arcus. These rccommcndntions should addrcs~
both ph)'sical installation of cl'imc Ilrc\'cntiol1 dctcl"I"ents, as well ns recommendations for patrolling schedules
and the reco",llIelldntions shnll he iml.temented h)' the nplllicnnt I".jor to linalizing building IlIans.
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The information provided in this discussion \\'.lS oblnincd from n rel'icw of the project description and the General Plan and ~
supporting documents. ~
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The proposed project is not forecnsl to C:lUSC nllY direcl incrc:lsc in schoolllIlCJ1d<1l1cc. No indirect c!Teet is forecast to occur ~
hecause the project will represent an increasc in jobs Ihal call be lilled br the existing labor pool. The information pro\'ided in ~
this discussion WtlS obtained from n rc\'ie\\' of the pr~icet description and the Gcncml Plill1 ::lnd supporting documents.
School"
d,
Parks and Recren(iOlr
The proposed projecl will crc<lIe.1 loc~llion for recre;lliol1 tIClh'ilics, elltcrtainmenl, 10 occur. No new dcnlilnd for downtown park
and recreation sen'ices is forecast 10 occllr from implemcnting the proposed project.
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The City uses the Swte Quimby ACt. as amended. the City Municipal Code for fccs and land dedications. and U,e City Ca!
Improvemenl Program to eSlablish standards and schedules for acquisition and developmenl of new park or rehabilitatio
existing pnrks and recreation and special f.ocililies, Le. tot lots. or wnler facilities such as fountains. Policy 9.1.14 of the Gen.
Plan requires t1mt new commereial de,'elopment provide open space facilities on-sile for passive and active reercatior
contribute fees for Ihe public development of such facilitics. The proposed project contains a courtyard that will provide
public gaUlerings and pnssi,"C rccremion. No mitignlion is requircd. The informal ion provided in this discussion was obtai.
from n review of Ihe projccl description and the General Plan and supporting documellls.
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The need for increased medical aid services al the project site can bc correlated to increased population in the region. but I (.)
fti
increased use of the project sile. Based ou a review of relail commercial and movie Iheater uses, only a few medical: Cl
emergencies occur during office Ilours. Some unqu.ontifiable. bul small, inere.1se in demand for emergenO)' medical service IT ~
occur due to dC\'elopmcnt of the proposed project. However, tile impacts from a minor increase in demand as would be expect _
from Ihe SBEC complex is not idenlified as causing a significant effccl on medical aid levels of service. No potenliall 9
significant impact is forecast to affect this service. No mitigation is required. The informmion provided in this discussion" ::
obtained fTom a review of the project description and the General Plan and supporting documents. c
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San Bernardino County utilizes a per capita annuIII waste generntion rate thaC does not apply to commercial or industri ~
projects. Riverside County has defined waste general ion based upon developed square foolage, and although the County of S~ ~
Bernardino does nOI calculate waste generation in this manner, the use of the square foolage forecast melhodology seems be E
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suited for this project. Given Ihe proximily of Ihe site 10 Riverside Counly and similar l)'PCs of population. il was judged Ih: 0
use of Riverside County dala would be approprime for making a forecast. ~
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Medica/Aid
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Solid /Vaste
Based upon a generation factor of I pound per day for each 100 square feel of building area, the proposed facilily is forecasl t ,.
o
generale 1,350 Ibs of solid waste per d:JY or aboul 210 tons of was Ie per year. or aboul 1~5 cubic yards of waste based on I. ....
...
tons per eubic yard whcn comp:Jcted in the l:Jndfill. Based on the Counly's recent reductions in was Ie generation (persona :s.
conununication Jim Walsh, Norcal) and lhe m'ailabililY of capacily for land disposal at County landfills over the next five years ~
no pOlenlial for significanl impacts 10 thc solid waste system arc forccasllo occur. ~
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The demolilion projCCt will result ill the one time disposal of an estimated 3.000 cubic yards of inert building malerial. Thi:
can be disposed ofal anyone ofso"ernl inert ""sle dispos.ol siles located in Ihe Inland Empire or al the County landfills withou
exceeding the capacity oCthc existing landfills.
,
The City has de,'e1oped a Source Rcduction and Rccycling Elemenl in response to AS 939 which forecasts a 25% waste ::
dh.'Crsion by 1995 and a grcmcr than 50% di\'ersion by the year 2000. \Vhilc development of the SBEC project will contribute :c
10 the ongoing increase in solid w:lslc gcncr:llion :1l1d therefore. contriblile 10 lilc continued cumulati\'e exhaustion of available ~
landfill capacity, the particip:llion b)' indi,'idu:11 businesses in source reduction progmms will lIetually reduce (olal waste w
delivered to landfills over the life of proposed dc\'c!opmclll, To ensure effective p:micipalion of fulure development in these E
programs the following lllcnsurc 5h:1I1 be implemented by facility operators. E
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The ;lpplic.lI1(/Opcl":ltors shall WOr-li with the Cit~. Public Services DC)lill1mcl1t to integrate its waste marmgcn1cnt
cfforts: with n 11I'ogrilOl of fl'cyclinJ: acti\'ities h~' relocated office acth,itirs consistent with Cil~"S allolltell Source
Reduction and Ree)'Clillg Element. Thi. Jll"Ogl":UII .hall iuclude the idenlilie'ltion ofmelhods to reduce wa.tes
at the source and inerc:JSC the ,ulullle or l"Cc)'c1ahle lIIate,.;"I. Ihat call be dcli\"ered 10 marl,et. for reuse. SJlecifie
tYllCS of 11ro~raR1S include waste sCl.:I'c~ari()1I (c:IJ'tlboanJ, 1)lilstic, melals, etc,), deli\'ery of w.aSle 10 the Cit)"s
IU'Oposed l\1:lfcrials RCCOHI)' F;.u,:ilily, ;IIHI dcli\'CI")' or composhlblc m.1tCI"i;,ls 10 the Cit)"s prOI)Oscd composting
f"cilit).,
Implementation of lite above 1IIC:lsurc lIillminimi/.e solid IIi1Sle generation i1nd further reduce the proposed projecl's cffects on
the solid wastc managelllent systelll The inrorm:ltion pro,'idcd in Ihis discllssion IIi1S obl;Jincd rrom a review or lhe project
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descriplion and the Geneml Plan. Background Technical Report, General Plan EIR, Cit)' of San Bernardino Source Reducti
and Rec)'eling Elemenl, Fin.11 Drnfi, COUOl)' of Ri\'erside County Solid Waste Manngement Plnn and County of San Bernnrdi
San Bernnrdino Count)' Solid \Vnste Mnnngement Plnn 1989-1990 Update, Preliminnr}' Dral\.
g. a/her
No olher public service infrnstmcture is forccnst to be impnctcd nnd no mitigntion is required.
References
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Cit), or San Ikm3fdino. 1929. Fina! EI1\'irol\m.:nIJlln1T'J:l':1 !t,:-nort.
City of San (k-m.trdino. J9K9, (iL'I,eml PI:m
City ofS:m &-mardino, 1991. Sallro: R~dllctiol1 :md Rn'vcline El~lll~t11 Fillal Dr:lft
City of San B..'f11ardino, J988. Tcclmiclll n.,,,kerollnd Renon
County ofRivtrlidc. 1989, Rivcnide Coun'" Solid W;'1!'i1lc r-.1;'In:la~m~nll)ran.
County of San Ikmardino. 1989. Son &'fT1ardino COUlllv Solid W:l!'ill.: ~Inll:lllelll~l P!;1Il 1989-1990 Umble Pr~lillljn;Hv Drall.
11. UTILITIES
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Nnturnl gas is supplied to the project site by The Gas Company. The existing buildings on the project site consume smnll quantities 0, C
natural gas for space and water heating. No information is available regarding the specific volume of gas used on the project site.
a.1.
Natural Gas
Environmental Setting
0.2.
Electricity
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Electricity is supplied to the project site by Southern Californi" Edison Company. Thc e"isting buildings on the projecl site consume ,:.
'"
SIl1.111 qu.1ntities of elcctricity for indoor and oUfdoor lighting No inforl11iltion is flvailable regarding lhe specific amounl of electricity a..
used on Ihe project sile. 13
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Water
a.3.
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\Vnlcr scl'\;re to the project is provided b)' thc City of San Bcrn:lrdino \Vatcr Dcpanmcnt. It is the responsibility or the City to pro\'idc :
watcr (0 devc10pmcnt \\ithin it's sc,,'icc me.:1 ifndcC]u:Uc wiHer slIpplics me lJ\'ailnblc. No estimate is a\'ailable on the current waler usngc ;e
at the project site. ~
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a..t. Sewer I:
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Sewer scryicc to this project is pro\'ided bv Ihe City of Snn Bernnrdino IVnter Deportment. It is the responsibility of the City 10 provide ii
scwer service to dc\'Clopmcnl \\ithin it's service me.l if ndC'lu:lle sewage treatmcnt cnpacity is CJ\':lilnble. No informarion is uvnilnblc on JS
the current volume of scwnge gcnerated :It the project silc. Major sewage Inmk mains arc loe.lIed ndjaccnt 10 the project sile 10 carry :(
lI'astell'nter to the lIater recl:lInalion plal1llocaled al the sonlhern end of Ihe City "djncent to Ihe Sanl;1 Ana Rh'e/.
a.5. Other
No other ulilit), issues have been identified that \\ollld be affeeled or \\ollld affect the proposed project.
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Potential Impact
n.1. Natural Gas
Bnsed on d.1ta provided by the Projecl Mchitecl, the proposed structures will consume nn eSlimmed 2,168,000 million BTU
)'C3r. TIle City Geneml Plan nnd policies address reducing consumption of energy resources Ihrough policy stalemems cOnlai.
in Chapler II. The project site is SHunted ol'er a geothemml resource which is al'ailable for use in structures at this locnl ~
and which provides a unique opportunity to the applicantlo ulilize this resource for space healing, The vast majority of iii
III
natural gas consumption atlhe site is used to prolide space heating, and the polemial exislS 10 ofTsetthe consumption of nalu E
gas resources, which are eonsidercd to be nonsignificant (as discussed below), through use of Ihe geothermal resources, :g
mitigation measure is proposed below which is nol mandalory since the naturnl gas consumplion is not considered significa u
Il.a.1
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The del'eloJler shllll eOllfer with the City Municillal Water Dellanment regarding the abilil~' to utilize 10' g'
geothermal resources for sJlaee helltillg lInd eoolillg. If judged fellSible by the City and del'eloJler, the geotherm ~
reSOurce shall be del'eloJled and used llt the site as an energy SOUI'ce. ~
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The California Energy Commission (CEC 1995) has rel'iewed energy resource availability for California and detennined Ih
natural gas resources are available ol'er Ihe ne,,, ten years when Ihe projecl will be developed. Based on adequacy ,
commercially availnble natural gas resources, Ihe proposed projecl will not cause a significam adverse impacI on II
environment. No mitigalion is required.
n.2.
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Electricity :ii
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Based on data provided for retnil slruclure use of cleclricily, Ihe proposed Slruclures are forecasl to consume an estimale, g.
2,000,000 kilowatt hours per yenr. The Cnlifornia Energy Commission (CEC 1995) has reviewed energy resource availabilH: ~
for California and delennined thnt ndequnte electricilY resources are al'ailllble over Ihe ne.xl len yenrs when the projccI will b< ~
dcveloped. Based 011 adequacy of commercially avaibble eleclricity resources. the proposcd projecl will not cnuse a significan ..
adverse impacI on Ihe enl'ironmen!. No miligalion is required. :::
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n.3.
/Vater
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The proposed project is forecasl to consullle approximntely 13,500 g.1110ns per day, or about 12.5 acre-feel per year, b.1Sed on en
Q.
313 operating days, The Gcneral PJ;1I1 EIR prqjecled cmnulatil'e waler cOllsumplion within the Cit), at build-out would raise ::J
tOlal waler consumption from nboul 43.000 ncre-feclto 59.000 acre-fec!. Adequale water supplies were identified in Ihe General ()
Plnn Em. to easily mcct this increased consulllplion of 16.582 acrc fccllhrough build-oul Oflhe Cily, To verify Ihalthe forecasls ~
wilhin ~leEm.are still adcquate, the volume of production for Ihe whole Bunker Hill Basin wns reviewed from 19881hrough :;;
1992. The data shows that consumptiou over Ihis period declined each )'ear from about 256,774 acre-feet in 1988. In 1992 ~
approximatel)' 229,400 acre-feCI Cfwlller were produced from Ihe Basin, Based on current dnlll. the approxinmle increase in :E
wC1lcrconsumplion by 12.5 acre-feet per )'cOIr willnol cau5C fl signiliC:lI1t impflct on \\'mer resollrces or waler supply 10 the project :E
sile. Miligation idenlified under Ihe Fire issue abol'e rcquires that mller mains be sized 10 provide adcquate lire Doli'S 10 Ihe ilj
project sileo No addition:llmiligntion is required. The infonn:llion prO\'idcd in this discussion was obtnincd from :1 TCviewof ..;..:
l:
Ihe project description, Ihe Geneml Plan and supporting documents. and the W,"er Conservation Districts Annual Engineering Ql
Inveslignlion. ,g
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Sewer ~
The proposed project is foree"slto generale nppro,xilllatcly' 11.000 gallons of sewnge per day requiring Ircalmen!. The General
Plan Em. projected cumulnlive sewage Oows III Cily build-oul of 14.1 MOD. This CmUUlalive demnnd requircd the conslruclion
of new and/or upgmded WaSlel1:lIer lre,lImem and col/celion f:lcililies which has been completed. Nell' connections to the sewer
s)'stem arc required 10 pay a fee which funds fulure e,xpansion of the regional "".Slewater reciamalion syslem. Adequate fees
are being prOlided by de\'elopmentIO fund the reqnired expansions in a timely manner according 10 Ihe Cil)' SlafT. Adequ:lIe
trunk Iincs Me available adjaccnllO Ihe projeCI site as a result of the Superblock del'elopmem to deliver Ihe projeCl'S sewnge 10
the waler reclanuHion plan!. No mitigation is required An eSlimated 9.5 million sa lions of e-'cess Ire;lImen! eapncily' currenlly
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cxists allhe Reclamation Planl. Thc pa)'mcnt of conneclion fces is a standard requircmcnt for new de,'elopmenl and does
need to be made a mitigalion rcqllircl11cnt. The inronmuion provided in this discussion WitS obtained from a review of
projccI dcscription, the General Plan and supponing documents, and discussion wilh the Cil)' Public Works and W:
Depanmcnt StaJT.
b. All utilities arc al'ailable allhe project sile and no cxtensions \\ill be necessary to ser"e the proposed projecl. No POlcntial e.'
10 create a "disjointed" pattern ofulilil)' extensions. No miligalion is required. The infonnation prol'ided in this discussion,
obtained from a review of the project description and thc General Plan and supponing documcnls.
12.
AESTHETICS
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References
California Energy ConullissiGll. 1995. E'e~"tricil\'
City of San &mardino. 1989. Fin...1 El1\'inmmt'1l1.11Imn;tct Htnon
City of San Ik"nt3rdino. 1989. G('tltf':ll VI;'I1l
City OrS,:ln Ikmardino. 1988. Technical nad;lZround RL"f'Iort
San &rnlltdino V311ey WD.t~ Cons~r..alion DU.1ric1. 1993. Annll"J Emzin\.yrilll.1 Invt'<;;lill!:llioll :md n~oor1 (7!92-6J9;H.
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Env;ronmental Setting
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The project sile is pon of the "DOwntown" Dislrictas defined in the Cil)' General Plan. This area conlains go"eroment, cultural, relal [
commercial, office and a wide range of residential uses, According to the enlJuation in the General Phm, the design styles in (h ~
DO\mtown DisLrict vary substantially, .. as does the scale, landscaping qU[llity, ilnd sile coycrngc from block 10 block, The General Pial ~
notes that the large office buildings in Ihe Central Cily/Cil'ic Cenler area arc a major landmark because of the concemration of largl C
structures in tltis aro.1. TIle Cily has identified thc DowntOlI11 Dislricl as subject 10 urban design guidelines comained in the General Pial 0
and Ihe Main Streel Guidelines. Becausc orllle lnrgc scale of SlrtIClures in (hc Do\\'nto\\'n District. no major views 10 (he north and cast ~
Ihe primary scenic views, are 3\.ailablc from strcctle\'el. ~
Project Impact
12.b
The City Gcnernl Plan and l\bin Street design guidelines prescribe specific design guidelincs for stmcturcs and adjacent
slrcctscapes construcled \l'illlin Ihe DOI\'l1town Dislricl. The project arca has been in transilion for i11e pasl sCl'eral }'cars and
about one-third of ti,e projccl site is presently used for dOwnlO\l'1l parking space. The proposed project has Ihe potential 10
contribute to posith'c chnllges in thc ncsthetic character orllle downtown arcn by cOl1\'crling Jo\\' iJllCllsily use parking areas (0
high qualily buildings and inleriorcouns. No milig;llioll is required. The informalioll prorided in Ihis discussion was oblained
from a rerie\l' oflhe prqjcct deseriplion. and the General Pl:in and supponing documents.
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The proposed projcct \\ill result in an intensification of tile Downtown District as a Illiljor relnil center and as a major gathering U
placcforentenainmenl. The main slmcture \\'ill be onl)' t\\'o slorc)'s in heighl which is comparable 10 the adjacent struclurcs. C
and small relatil'e 10 nc.1rb)' ci,ie buildings and Ihe Supcrblock. Ca!lrans struelure. The General Plan EIR recognized that this ~
inlensifiemion would OCcur in the Do\\'nlown District (See Visual discussion in Chapler 4.3.3) and concluded that this would
be a beneficial imp.1ct 10 the project area. No scenic views from ground Ic\'cl will be nd\'crscl)' impacted by the proposed project. ::
Views from the c,\:isting high risc buildings 10 the north nnd \resl not be fillered, No significant obSlnlction of scenic views is ;e
forcc.1St to occur and no miligcltion is required. The inrorm:Jliol1 provided in this discussion was oblaincd from 3 rc\'icw or the -;
project description and the Gcneral Plan ,IUd SUPPorling doculllents. w
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12.c No olller aeslhelic issues 1I;,,'e been idcntified Ih:lI \l'onld be arrectcd or lIould nITectllle proposed project.
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References
eil)' of San &nardino. 1989. firul En\'ironJl1~I..1 frnn;lct R~nol1
Cit)' of San Bernardino. 1989. General PI:lIl.
City ofS:m ~nurdino. 1988. T~hnical B3d.:~ound Renort
13. CULTURAL RESOURCES
Environmental Selling
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A review oftJle City lustoric records indicmes that the LieI' Music building and the Bible relail slore are not identified as being hislo: n;
structures. TIle l'C1ll.1inder ofllle projcct sile 1.1s been e.\1ensivcly graded and developed Over the past IOD years. However, due 10 kno, g>
fill across the street (as much as lD feci deep) and more current de,'elopment aClivities, including paving parking areas, no potenli ~
cultural resources are known to occur on the project site. The California Thealer, a recognized hisloric monument, is located adjace
10 the proposed projecl.
l3.a-<:.
Construction of the proposed SBEC buildings has a loll' polel1lialto cause significant impact 10 possible prehistoric resoure<
and lustorie resources. The reason for this is the past dislurbance of the ground surface, including extensive fill, over Ihe pO!
hundred years. TIle 1)'jlC ofstruclUl'CS proposed, ma~imum of Iwo storeys and normal conslruclion, means thaI foundalions ar
not e\'jlCCled to e.xtend inlo areas where potenlial resource reco"ery can produce any meaningful data, However. it is possibl
Ihat during installation of building foundations, undiSlurbed resources may be encounlered. To address this issue, measure
will be implemented to mitigate this potenlial adverse impacls. The following measures shall be implemented.
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sllpponing documenls, and Ihe Phase I Archaeologicalll1\'eSlig'lIion Reporl prepared b)' Archaeological Consulting Services
for the Superblock building across the Slreel..
Cil)' of San n~m3rdillo 1989. Fir\;ll En\'irollr1l~'llta! hlln~~'l H~'nol'
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Cil)' ors:11I B"'"IlI:l.nlino. 19RK Tedmi'.ll o,":Kl!rl)lIml ]~':~111,
City of San Bernardino
Environmental Impact Checklist
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14. MANDATORY FINDINGS OF SIGNIFICANCE
!II
The proposed SBEC Project consiSls of Ihe redcvelopmcnl of n large porlion of one block in Ihe Cily of San Bernardino's Down
Dislrict. Because Ihis sile has been ulilized for urban aelivilies and faeililies for more Ihan 100 )'ears, Ihe potenlial natural resl
imp.1cls arc considered nonsignificant The site has pOlenlial cultural resource values IIlal ma)' require a subslanlial effort 10 mil
below a significant level, and a moniloring progmm will be implemenled to ensure Ibm no cultural resources thaI remain wilhi
appropriale comextwiIJ be damaged or lost The measnres 10 accomplish Ihis mitigmion are included as a requiremenl of Ihis Ir
Study. Cenain url>nn services, such as fire. police and school services will require some miligalion 10 reduce impacls below a signifi ::l
lenl. These measures have also been made a requirement in Ihis Inilial Sludy. Tmffie impacts were determined 10 be miligable E
nonsignificant level based on improvemenls al E and 5" Streels. Air emissions nssoeialed ";th operalion of the projcct were delerm. ~
to be below a significnnllhreshold level and bnsed on eonsislene)' wilh regional plans no shon- or long-tenn significant air qUI U
impacts arc forecast to occur. Based on Ihe dala eonlained inlhis Inilial Sind)', Ihe proposed San Bernardino Entenainmenl Cenl< ~
not forecast 10 cnuse any significant adverse impncts. and the City proposes 10 adopt a Neg~lli\'c Decimation with mitigation measu Q)
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John Coute, Chair
Larry Heasley, Vice-Chair
Jim Mulvihill
Lance Durr
Andrew Machen
Amelia S. Lopez
James Eble
George Rawls
Dan C. Jimenez
CITY OF SAN BERNARDINO
COMMUNITY DEVELOPMENT DEPARTMENT
300 North "D" Street, San Bernardino, California 92418
Phone: (909) 384-5057/507 J . Fax: (909) 384-5080
PLANNING COMMISSION MINUTES
*DRAFT
REGULAR MEETING
DECEMBER 14, 2011
DEVELOPMENT CODE AMENDMENT NO. 11-11
DEVELOPMENT AGREEMENT NO. 11-02
CONDITIONAL USE PERMIT MODIFICATION NO. 11-03 (CUP 97-01)
Page 1 of?
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Chair Coute called the meeting to order at 6:00 p.m.
Vice-Chair Heasley led the flag salute.
Present: Commissioners Coute, Durr, Eble, Heasley, Jimenez, Lopez, Machen, Mulvihill and
Rawls. Absent: None. Staff present: M. Margo Wheeler, Community Development Director;
Henry Empefio, Jr., Senior Deputy City Attorney; Aron Liang; Senior Planner and Lisa Sherrick,
Administrative Analyst II.
ADMINISTRATION OF OATH
Aron Liang administered the oath.
CONSENT AGENDA:
M. Margo Wheeler, Community Development Director, recommended the meeting minutes
of November 16,2011 for approval.
Commissioner Mulvihill made a motion to approve the minutes. Commissioner Jimenez
seconded the motion.
The motion carried by the following vote: Ayes: Durr, Eble, Heasley, Jimenez, Lopez and
Machen. Nays: None. Abstain: Coute. Absent: None.
PUBLIC COMMENTS - ITEMS NOT ON AGENDA
No comments.
PUBLIC HEARINGS
Chair Coute explained that the three public hearing items would be presented together
because they all involve the same project location.
2. DEVELOPMENT CODE AMENDMENT NO. 11-11 - A proposal to amend Section
19.06.020 of the Development Code to delete the prior amendment approved by
Ordinance MC \356 to limit the number of new movie theater screens permitted outside
the Main Street Overlay District. This prior amendment language would be replaced with
a limitation on new theater development on a city-wide basis, affecting new theaters not
otherwise exempted by a prior development agreement to 3,000 sq. ft. or less, with 200 or
fewer seats, and with no limit on the number of screens in any theater complex.
Environmental Recommendation:
Applicant:
Affected Area:
Exempt from CEQA - Sec. 15061(b)(3)
City of San Bernardino
City-wide
3. DEVELOPMENT AGREEMENT NO. 11-02 - A proposed agreement between the
City of San Bernardino and Regal Cinemas, Inc. for development of a 14-screen movie
theater in an existing structure located at 450 North "E" Street, in the City of San
Bernardino.
Page 2 of?
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Environmental Recommendation:
Ownerl Applicant:
APN:
Ward:
Utilize Certified EIR SCH #20091 I 1089
San Bernardino Economic Development Corp.
0134-121-26
I
4. CONDITIONAL USE PERMIT MODIFICATION NO. 11-03 (CUP 97-01) - A
proposal to modify CUP 97-01, approved by the Planning Commission on May 20, 1997
to permit development of a 20-screen multi-plex theater and 20,000 sq. ft. of associated
retail and restaurant uses at the northwest comer of 4th and "E" Streets, in the CR-2,
Commercial Regional land use district. The proposed modification would provide for 6
auditoriums in the existing 20-auditorium structure to be re-purposed to provide 7,200 sq.
ft. of restaurant and retail space and 3,600 sq. ft. of additional live entertainment area and
support space for the California Theater.
Environmental Recommendation:
Ownerl Applicant:
APN:
Ward:
Utilize Certified EIR SCH #2009111089
San Bernardino Economic Development Corp.
0134-121-26
I
Aron Liang, Senior Planner, gave a brief presentation on the descriptions of all projects
including recommended motions.
Emil Marzullo, San Bernardino Economic Development Corp. Director, gave a presentation
on the history and background of the downtown theater.
Commissioner Jimenez said he would like more time to review the documents provided and
asked for a continuance on all three items.
Commissioner Mulvihill asked what the monthly cost was to maintain the empty theater.
Emil Marzullo said the monthly costs are approximately $60,000-70,000.
Patrick Morris, Mayor of San Bernardino, said the City would like the theater to open in the
summer and time was of the essence in moving the projects forward to meet that timeframe.
Judy Brewer, 5322 Newberry, spoke in favor of the projects on behalf of the San Bernardino
Symphony because the theater and restaurants will allow audience members and musicians a
place to gather before and after the concerts.
Philip Ugalde, 3180 Mayfield Avenue, spoke in favor of the projects because he would like to
visit businesses in San Bernardino rather than neighboring towns.
Matt Korner, 3091 N. Genevieve Street, spoke in favor of the projects and said the cost of
maintaining the empty building was too costly and the only way the downtown district could
rebuild was with the success of the theater.
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Myra Elder, 3091 North Mountain View Avenue, spoke in favor of the projects because of the
jobs that would be brought to San Bernardino.
Mischa Tacchia, 2596 Lincoln Drive, spoke in favor of the projects and said his visits to the
California Theater lack a place to dine before the shows and said the jobs that will become
available to young residents of San Bernardino would be positive.
Debbie Ariola, 3120 North Genevieve Street, spoke in favor of the projects and said she would
like to visit a theater within San Bernardino.
Lamarr Sonny, 178 Glenfair Lane, spoke in favor of the projects and said he used to visit the
CinemaStar and would like to visit the Regal Cinemas and urged the recommendations for
approval to the Council to assist in moving the projects along.
Jasmine Suarez, 157 West Olive Street, spoke in favor of the projects on behalf of San
Bernardino High School students and said she wanted to help San Bernardino thrive
economically by becoming a patron of the Regal Cinemas.
Leonardo Jasso, 235 East 18th Street, spoke in favor of the projects and said he would like the
opportunity to visit the downtown area with friends in San Bernardino rather than having to drive
to another town.
Gustavo Alvarez, 2048 North Pershing Avenue, spoke in favor of the projects and said the
opening of the theater could bring potential for new development along most of the downtown
streets.
Jose Nievas, 2652 Del Rosa A venue, spoke in favor of the projects and said the students of San
Bernardino high schools will have a local place to patron in the summer months when they are
out of schoo\.
Estephannie Alvarez, 2048 North Pershing Avenue, spoke in favor of the projects on behalf of
Marshall Elementary School and said families would be given an opportunity to watch a film in
downtown San Bernardino together.
Cynthia Perez, 238 East 16th Street, spoke in favor of the projects because the opening of the
theater will invite people from different ethnicities and cultures to come together in San
Bernardino.
James Smith, 1156 East 24th Street, spoke in favor of the projects and said the California
Theater is recognized throughout Southern California and would like for the Regal Cinemas to
assist the revitalization of San Bernardino.
Ariel Hollie, 5360 Dogwood Street, spoke in favor of the projects because she feels safer in San
Bernardino where she resides and would like to be able to visit friends.
Danielle Hobbs, 485 Edgerton Drive, spoke in favor of the projects and said she recently
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I Pacl(et Pg;380 .
performed at the Fox Theater and would like to perform at the California Theater and be able to
provide audience members a chance to watch a show and have a place to dine.
Casey Dailey, 144 East 3'd Street, spoke in favor of the projects on behalf of the
Meadbowbrook Park Loft Homeowners Association and said he resides in the downtown area
and would like to have more entertainment and dining options in the downtown district.
Erika Ruiz, 1423 West 2nd Street, spoke in favor of the projects on behalf of Inland
Congregation United for Change and said her family would visit the CinemaStar and Carousel
Mall with her family as a child and would like to assist the City in revitalizing the downtown
district.
Vice-Chair Heasley thanked the residents of the City who came to speak.
Chair Coute encouraged the students in the audience to maintain their participation in local
government and thanked them for attending the meeting.
A member of the Commission asked what kind of security measures would be implemented at
the theater.
Emil Marzullo said security would be present inside and outside the building with the Police
Department continually visiting the theater. Mr. Marzullo said that surveillance cameras would
be installed in and outside of the theater in the parking areas and would be recording at all times.
Chair Coute said additional cameras should be placed in the parking lot and better lighting
should be installed in the parking lot and loitering should be discouraged.
Emil Marzullo said additional lighting is being researched and is planned to be installed as well
as new striping in the parking lot.
Commissioner Jimenez commended the San Bernardino Economic Development Corp. for a
job well done on trying to bring another theater to the downtown area but said he would still like
more time to review the documents before making a final recommendation.
Henry Empeiio, Senior Deputy City Attorney, pointed out issues on all three items that in his
opinion would require further information and recommended a continuance.
Emil Marzullo said he disagreed with most of the comments made by Mr. Empefio and
explained why a decision on the project was crucial to open by the summer.
Tim Sabo, San Bernardino Economic Development Corp. Legal Representative, explained
why the recommendations in the Staff Reports for all three items were supported by the San
Bernardino Economic Development Corp. and gave a brief presentation on the documents
provided to the Commission.
Commissioner Lopez said she would like more explanation on this project allowing more time
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for all information to be presented and researched in a timely manner.
Tim Sabo said the City and Regal wanted the theater to open in time for the summer rush of
theater-goers and said that in order for the theater to be able to have all work completed by the
summer, the proposed items must be approved as soon as possible.
Henry Empeiio disputed that he had been contacted by Mr. Sabo' s office regarding the proposed
items and requested a continuance to give time to the City Attorney's office to submit any
corrections and feedback to the staff reports.
Commissioner Jimenez asked if the City could be held liable at a later time regarding these
projects.
Henry Empeiio said that a challenge could be brought forward at a later time saying due process
was not given regarding these items.
Vice-Chair Heasley asked what the probability was that a case could be brought forward
regarding these items.
Henry Empeiio said the City could be sued using CEQA as a tool to stop the project.
M. Margo Wheeler, Community Development Director, gave a brief description on her
educational background and experience to explain her qualifications in making CEQA
recommendations.
Elizabeth Martin, San Bernardino Economic Development Corp. Legal Representative,
said if anyone was to challenge the CEQA findings they would have been present to make their
concerns on the record.
Henry Empeiio said the CEQA objections could be made at the Mayor and Common Council
meeting.
Chair Coute called a recess at 8:39 p.m. Chair Coute called the meeting back to order at 8:43
p.m.
Commissioner Mulvihill made a motion to recommend that the Mayor and Common Council
approve Development Code Amendment No. II-II based on the Findings of Fact contained in
the Staff Report and that the Mayor and Common Council adopt an Ordinance approving
Development Code Amendment No. II-II and Development Agreement No. 11-02
concurrently. Commissioner Heasley seconded the motion.
The motion carried by the following vote: Ayes: Coute, Durr, Eble, Heasley, Lopez, Machen,
Mulvihill and Rawls. Nays: Jimenez: None. Absent: None.
Commissioner Mulvihill made a motion to recommend that the Mayor and Common Council
approve Development Agreement No. 11-02 and that the Mayor and Common Council adopt an
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Ordinance approving Development Code Amendment No. II-II and Development Agreement
No. 11-02 concurrently. Commissioner Eble seconded the motion.
The motion carried by the following vote: Ayes: Coute, Durr, Eble, Heasley, Machen, Mulvihill
and Rawls. Nays: Jimenez and Lopez. None. Absent: None.
Commissioner Mulvihill made a motion to approve Conditional Use Permit Modification No.
11-03 (CUP 97-01) based on the Findings of Fact contained in the staffreport and subject to the
Conditions of Approval (Attachment C), as amended. Commissioner Machen seconded the
motion.
The motion carried by the following vote: Ayes: Coute, Durr, Eble, Heasley, Machen, Mulvihill
and Rawls. Nays: Jimenez and Lopez. None. Absent: None.
Ms. Wheeler announced that the project would be presented to the Mayor and Common Council
on January 9,2012.
PLANNING COMMISSION REPORTS/ANNOUNCEMENTS
There were none.
DIRECTOR'S REPORT
The Director indicated that the matters would be discussed at a later meeting.
ADJOURNMENT
Commissioner Mulvihill made a motion, seconded by Commissioner Durr and unanimously
carried, to adjourn the Planning Commission meeting at 8:53 p.m. The next regular meeting was
scheduled for Wednesday, January 18, 2012 at 6:00 p.m. in the Council Chambers, First Floor,
300 North "0" Street, San Bernardino, California.
Minutes Adopted by Planning Commissioners:
Date Approved:
Minutes Prepared by:
Melissa Thurman
Executive Assistant
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Recording Requested
By and Mail To:
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City of San Bernardino
300 North "D" Street
San Bernardino, CA 92418
When Recorded, Mail To:
Mr. James F. Penman, Esq.
Office of the City Attorney
City Hall, Sixth Floor
300 North "D" Street
San Bernardino, CA 92418
DEVELOPMENT AGREEMENT
BETWEEN
THE CITY OF SAN BERNARDINO
AND REGAL CINEMAS, INC.
This Development Agreement is dated as of the Effective Date and is by and between the City of
San Bernardino and Regal Cinemas, Inc. (this "Agreement") is entered into by the City of San
Bernardino, California, a municipal corporation (the "Citv") and Regal Cinemas, Inc., a Tennessee
corporation ("Regal"), and for the limited purposes as noted herein, the Redevelopment Agency of the
City of San Bernardino, public body, corporate and politic, (the "Agencv") and the San Bernardino
Economic Development Corporation, a California non-profit corporation (the "SBEDC"). For good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the City and Regal
agree as follows:
I. RECITALS. This Agreement is entered into with reference to the following:
1.1 The Lease. The SBEDC and Regal entered into a Lease Agreement (the "Lease")
effective as of the date of signature by both parties (the "Lease Effective Date."
1.2 Prooertv. SBEDC owns real property located at 450 North "E" Street in San Bernardino,
being described in the attached Exhibit "A" (the "Land." with the Land and the improvements thereon
referred to as the "Prooertv"), which Property is part of the Theatre Square entertainment and retail
project in downtown San Bernardino (the "Proiect").
1.3 Building. The Property is improved by a multi-plex theatre constructed to contain twenty
(20) auditoriums (the "Building"), but which will be altered pursuant to the Lease to contain fourteen (14)
auditoriums.
1.4 Theatre. Pursuant to the Lease, six (6) screens and auditoriums of the Building shall be
separated from the remainder of the Building, leaving a multi-plex theatre containing fourteen (14)
auditoriums (the "Theatre"), and thereupon the Theatre will consist of fourteen (14) auditoriums and
related areas of the Building.
1.5 Regal. Regal has leased the Theatre from SBEDC pursuant to the Lease.
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1.6 Develooment Agreement Pumose. The City aod Regal have entered into this Agreement
to facilitate and encourage the pursuit and development of the Property, including alterations to the
Building on the Property, and to establish certainty in the development process for Regal on the Property.
Regal desired certainty with respect to specific matters for it and SBEDC to pursue various work
associated with the development of the Property. The City desired to provide certainty through this
Agreement with respect to specific development criteria to be applicable to the Project in order to provide
for appropriate utilization of the Project in accordance with sound planning principles.
1.7 Code Authorization and Acknowledgements. The City affirms that It IS authorized
pursuant to California Government Code Sections 65864 through 65869.5, (the "California Develooment
Agreement Legislation") to enter into development agreements with persons having legal or equitable
interests in real property for the purpose of establishing certainty in the development process. The City
enters into this Agreement pursuant to the California Development Agreement Legislation and pursuant
to City Code Chapter 19.40 (hereinafter defined).
1.7.1 The City affirms that this Agreement constitutes a current exercise of the City's
police powers to provide certainty to Regal in the development approval process and the
development of the Property by vesting certain permitted land uses and development criteria
described in the Development Code (hereinafter defined) and certain other matters set forth in this
Agreement in exchange for significant public benefits the City would receive if the Project is
developed as provided in the Lease.
1.7.2 This Agreement is granted in consideration of Regal of the significant public
benefits that could be derived from the development of the Property, including the development
of the Property acting as a potentially significant catalyst for the development of other properties
within the Central City North (the "CCN") Redevelopment Project Area within the City, as well
as: (a) mitigating blight currently existing in such area, (b) creating new employment
opportunities within the region; and (c) contributing to the expansion and/or extension of public
services and utilities. The City acknowledges that each of these potential benefits independently
provides sufficient public benefits to justify this Agreement. The City further acknowledges that a
significant benefit includes the potential additional tax increment revenues from the Property and
the remainder of the CCN redevelopment area in the City which could be more rapidly developed
due to the development of the Property.
1.8 General Plan Consistencv. The Economic Development element of the General Plan
identifies the Property and the existing Building as a significant development of the Central City North
Redevelopment Project Area. Additional improvement of the Property, as facilitated by this Agreement, is
consistent with the General Plan, as demonstrated by furtherance of the following General Plan goals and
policies: Goal 4.10 "Optimize existing redevelopment project areas to identify and prioritize development
opportunities."; Policy 4.10.1 "Utilize all available redevelopment agency/City tools to revitalize and
enhance strategic areas of the City."; Goal 4.14 "Enhance, maintain, and develop recreational, cultural,
entertainment, and educational facilities within the City."; Policy 4.14.2 "Seek and attract uses that foster
a high level of evening activity (e.g. theaters and restaurants)"; and Policy 4.14.3 "Attract uses that
complement and intensify the Convention Center in downtown San Bernardino, including expanding
convention facilities, hotels, restaurants, theaters, and similar uses."
1.9 Develooment Agreement Findings. The City determines and affirms that this Agreement
is consistent with the City General Plan and the City Development Code and will promote the welfare and
public interest of the City. Further, upon occurrence of the following events, the Council shall make the
following findings and shall confirm compliance with City Code Chapter 19.40:
4827-3676-5710.1
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1.9.1 Regal shall request and apply through the Director of the City's Community
Development Department (the "Director") to enter into this Agreement, and the Agency and
SBEDC shall have joined in such application;
1.9.2 Regal and the SBEDC shall have a legal or equitable ownership interest in
portions of the Property or the Project, and the Property exceeds two acres in size;
1.9.3 Regal's application to enter into this Agreement shall be made on forms
approved, and shall contain all information required, by the Director;
1.9.4 The status of Regal, the Agency, and the SBEDC as owners of, or holders of
legal or equitable interests in, the Property shall be established to the satisfaction of the Director;
1.9.5 Regal's application shall be accompanied by the fee established pursuant to
Chapter 19.32 (Application and Fees) and all other lawfully required documents, materials and
information which fee was paid by the SBEDC for the benefit of Regal;
1.9.6 The Director shall receive, review and process Regal's application for
consideration by the Planning Commission of the City (the "Planning Commission"), and the
Council shall recommend that the Planning Commission and the Council approve Regal's
application and the City entering into of this Agreement;
1.9.7 The City shall comply with all requirements of the California Environmental
Quality Act and all other applicable laws in the approval of this Agreement and adopting the
Resolution (hereinafter defined).
1.9.8 All other requirements under applicable law shall be satisfied by Regal or the
City with respect to this Agreement.
1.10 Planning Commission and Common Council Hearings. On December 14, 20 II, the
Planning Commission, after giving the notice required by law, held a public hearing to consider the
application for adoption of this Agreement. At the conclusion of the public hearing, the Planning
Commission recommended to the Council that this Agreement be adopted as proposed. On January 9,
2012, the Council, after providing notice as required by law, held a public hearing to consider the
application for adoption of this Agreement. The Resolution was adopted by the City in accordance with
the requirements and procedures set forth in Section 19.40.030 of City Code Chapter 19.40, approving the
application for adoption of this Agreement, authorizing execution of this Agreement by the Mayor of the
City and setting forth findings (with supporting facts) referenced in Section 1.9 above.
1.11 Citv Resolution. On January 9, 2012, the Council adopted Resolution No.
(the "Resolution") approving this Agreement. The Resolution became effective on the Effective Date as
defined herein.
1.12 City Code Chapter 19.40 Mandatory Contents. The City affirms that this Agreement does
contain the provisions required by Section 19.40.040 (I) of the City Code Chapter 19.40, as follows
(paragraph references are to said Section 19.40.040 (\):
1.12.1 Duration - see Section 3.2 of this Agreement;
1.12.2 Uses, density, intensity, height and size - see Sections 3.3 and 3.4 of this
Agreement;
4827-3676-5710.1
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1.12.3 No reservation or dedication of land for public purposes is contained in this
Agreement;
1.12.4 No protection against fee increases - there are no fees required or increased by
this Agreement;
1.12.5 Tiered amendment process - see Section 7.2 of this Agreement; and
1.12.6 Health and safety exception - the Vested Provisions may be modified only by
the City as it determines to address a compelling public necessity regarding health and safety that cannot
reasonably be addressed by other means or to comply with any later adopted federal or state law or
regulation; and
Nothing herein shall require Regal to determine or affirm whether this Agreement is in compliance with
City Code Chapter 19.40, and Regal has made no such determination or affirmation.
2. CERTAIN DEFINITIONS. In this Agreement, unless the context requires otherwise (and in
addition to other defined terms in this Agreement):
2.1 "Citv Code Chapter 19.40" means Chapter 19.40 of the City Development Code in effect
as of the Effective Date.
2.2 "General Plan" means the San Bernardino City General Plan in effect as of the Effective
Date.
2.3 "Assignee" means a Person (a) to whom Regal (or an Assignee of Regal) expressly
assigns its rights and obligations under this Agreement and the Lease.
2.4 "Owner" means any Person that owns a parcel in the Property, including a leasehold
ownership interest, except for (a) any governmental entity that owns merely a right-of-way, easement for
a right-of-way or utility easement, or (b) any utility company that owns merely an easement or a sub-
station or similar facility.
2.5 "Person" means any natural person, firm, assocmtlon, organization, business trust,
partnership, joint venture, limited liability company, corporation, or other legal entity, including any
entity named in the commencement clause of this Agreement.
2.6 "SBEDC Parcels" means all portions of the Project owned by SBEDC that are located
outside the Property, as the SBEDC Parcels are shown on the map that is included as part of Exhibit "A."
2.7 "SBEDC Acquired Parcels" means any parcels that are part of, or adjoining, the Project
that are acquired by SBEDC after the Effective Date, including any portion of the real property shown on
the map that is included as part of Exhibit "A" as being outside the SBEDC Parcels but which may be
later acquired by SBEDC.
2.8 "Effective Date" of this Agreement means the later to occur of the following: a) the date
on which Development Code Amendment No. II-II becomes effective; or b) February 27,2012.
4827.3676-5710.1
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3. DEVELOPMENT OF THE PROPERTY: VESTED PROVISIONS
3.1 Citv Code Chanter 19.40. This Agreement is subject to the provisions of City Code
Chapter 19.40.
3.2 Term. The term of this Agreement ("Term") shall commence on the Effective Date and
extend for a period ending on the expiration or earlier termination of the Lease; provided, however, that
the Term of this Agreement shall not extend past the day that is the twenty (20) year anniversary of the
Effective Date.
3.3 Development of Property and Vested Provisions. Regal shall develop the Property in
accordance with the Development Code, in effect on the Effective Date of the Agreement, and in
accordance with the other provisions of this Agreement and the Lease, including without limitation the
provisions of Section 3.6 (the "Vested Provisions") as those Vested Provisions are in effect as of the
Effective Date. All existing and future rules, regulations, ordinances, resolutions, and policies of the City
as applied to any use or development of the Property shall be interpreted and enforced in a manner
consistent with the Vested Provisions.
3.4 Changes in the Vested Provisions. The Vested Provisions, including without limitation
the provisions of Section 3.6, shall not be amended, changed or modified in any manner by the City
through any action of the Council during the Term of this Agreement without the prior express written
consent of Regal having first being obtained, which written consent may be granted or denied by Regal at
the absolute and sole discretion of Regal.
3.5 Joinder bv the SBEDC. The SBEDC joins in this Agreement to subject the respective
parcels to this Agreement and for those parcels to receive the benefits of this Agreement.
3.5.1 SBEDC subjects the SBEDC Parcels to this Agreement.
3.5.2 SBEDC subjects the SBEDC Acquired Parcels to this Agreement.
3.5.3 All of the benefits of the Vested Provisions and this Agreement apply to all of the
Project (which includes the Regal leased Parcel and the SBEDC Parcels) and all SBEDC
Acquired Parcels, as covenants running with the land.
3.6 Other Citv Commitments.
(a)
The City has not adopted any "living wage ordinance" that would be
applicable to the Regal tenancy or the Theatre or as to any other project
or site within the City of San Bernardino municipal boundaries. A
"living wage ordinance" within the meaning of this Agreement is any
requirement imposed by the City that requires Regal to include any
component of wages or other form of compensation in the wages or
benefits of Regal employees. The provisions ofthis Section shall remain
in full force and effect from and after the Effective Date and continue in
effect during the Term of this Agreement (defined in Section 3.2), with
the result that no living wage ordinance as above-defined shall be
applicable to the Regal tenancy or the Theatre during the Term of this
Agreement. In the event any living wage ordinance is enacted on the
basis that it is mandated pursuant to any State or Federal law, rule or
regulation, and in the event such living wage ordinance is uniformly
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applicable across the State of California, such shall not be deemed a
"living wage ordinance" pursuant to this Section 3.6(a). However, in the
event any living wage ordinance is enacted on the basis that it is
mandated pursuant to any State or Federal law, rule or regulation, and in
the event such living wage ordinance is not uniformly applicable across
the State of California, such shall be deemed a "living wage ordinance"
pursuant to this Section 3.6(a) and SBEDC shall reimburse Regal on a
monthly basis all additional costs incurred by Regal due to such living
wage ordinance, as provided in the Lease (including Regal's right under
the Lease to offset such costs against rent payable under the Lease).
(b)
For the Term of this Agreement (defined in Section 3.2), the City agrees
that it will neither entitle nor approve any other motion picture theatre
within the municipal boundaries of the City otherwise permitted
pursuant to the Vested Provisions as contained in Development Code
Chapter 19.06 that has a seating capacity in any single motion picture
theatre (regardless of the number of auditoriums) equal to more than two
hundred (200) seats nor having any auditorium for the presentation of
recorded movie productions of a square footage greater than three
thousand (3,000) square feet, without the prior written consent of Regal
to be granted or withheld in Regal's sole discretion. The City and Regal
jointly agree that such limitation is in the best interests of both parties to
enable the Theatre to gain market acceptance in the Inland Empire
Region based upon the prior investments of public funds by the SBEDC
and the City in the Property and the property leased to Regal under the
Lease.
3.7 Regal Commitments. The provisions of this Section shall remain in full force and effect
from and after the Effective Date and continue in effect during the Term of this Agreement. Regal
commits to (i) use and operate the Theatre as a first class motion picture theatre as part of a system of
motion picture theatres operated by Regal and its subsidiaries and affiliates), (ii) not sacrifice the profits
of the Theatre in an effort to revitalize any other business operations of Regal or any other subsidiary or
affiliate thereof (with the understanding that profits from the Theatre will not be segregated or otherwise
maintained separately from the profits of other motion picture theatres and businesses of Regal and its
subsidiaries and affiliates), and (iii) abide by the terms of the Lease.
4. PERIODIC REVIEW
4.1 Time of Review. This Agreement shall be reviewed by the City at least once a year in
accordance with California Government Code Section 65865.1, on or before the anniversary date of the
recordation of this Agreement, in order to ascertain the good faith compliance by Regal with the terms of
this Agreement. Upon request by the City, Regal shall submit an Annual Monitoring Report
demonstrating its good faith compliance with the terms of this Agreement within thirty (30) calendar days
after written notice from the City of the date of the review to be conducted by City. Following any such
review, the City shall notify Regal in writing within thirty (30) calendar days of its determination as to
compliance or noncompliance with the terms of the Agreement. The annual review procedure set forth
herein and in Government Code Section 65865.1 shall be applicable during the Term of this Agreement.
4.2 Failure to Conduct Periodic Review. In the event the City fails to conduct the periodic
review, such failure shall not be deemed approval by the City of Regal's good faith compliance with the
terms of this Agreement, and the City may undertake an independent review of Regal's performance since
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the date of the last annual review, or as of the Effective Date, as applicable, unless Regal shall have
submitted an Annual Monitoring Report to the City demonstrating its good faith compliance with the
terms of this Agreement notwithstanding the lack of notice from the City as provided in Section 4.1
above. In the event the City has not taken action to accept or reject such Annual Monitoring Report within
ninety (90) calendar days after receipt, Regal shall then be deemed to have complied in good faith with
the terms of this Agreement.
4.3 Cost of Periodic Review. The SBEDC shall pay to the City the actual cost incurred by the
City in conducting any such periodic review as provided in Sections 4.1 and 4.2 above. The actual cost of
such review shall be based upon the City fee structure then in effect, including the salaries and reasonable
costs and expenses of the Office of the City Attorney or any other experts and other legal counsel retained
by the Office of the City Attorney with respect to such review. The SBEDC shall submit the review fees
concurrently with submission of the Annual Monitoring Report pursuant to Sections 4.1 and 4.2 above if
such a published applicable fee structure then is in effect and shall also submit a deposit for the estimated
City fees (if a set amount is not specified in a published fee schedule) and the estimated salaries and
reasonable costs and expenses to be incurred by the Office of the City Attorney promptly after receipt of
such estimate from the City.
5. DEFAULT.
5.1 Events of Default. A default under this Agreement shall be deemed to have occurred
upon the happening of one or more of the following events or conditions:
5.1.1 A warranty, representation, or statement made or furnished by Regal to the City
in or under this Agreement is false in any material respect when it was made.
5.1.2 A good faith finding and determination by the City made following a periodic
review under the procedure provided for in California Government Code Section 65865.1 and
Section 4.1 above that upon the basis of substantial evidence Regal has not complied in good
faith with one or more of the terms or conditions of this Agreement.
5.1.3 Any other act or omission by the City or Regal that breaches or materially
interferes with any of the terms of this Agreement.
5.2 Procedure upon Default. Neither the City nor Regal may exercise any remedies with
respect to an event of default referenced in Section 5.1 above unless the party claiming a default by the
other party gives a written notice to the alleged defaulting party specifying the event of default and such
event of default is not cured within the applicable Cure Period (hereinafter defined). The term "Cure
Period" as used herein means (a) with respect to an event of default that reasonably can be cured within
thirty (30) calendar days, the period of thirty (30) calendar days following the receipt of such written
default notice, and (b) with respect to an event of default that cannot reasonably be cured within thirty
(30) calendar days, and if efforts are commenced to cure such default within thirty (30) calendar days
following the receipt of such written default notice, the period reasonably required to complete such cure
with diligent prosecution.
5.3 Remedies. In the event Regal shall be in default under this Agreement, and after all Cure
Periods have been exhausted, the City as its sole remedy may terminate this Agreement and the Lease
upon delivery of a notice of termination to Regal, which notice of termination shall be effective as to the
termination of this Agreement within thirty (30) calendar days after receipt by Regal if such default
remains uncured. In the event any party other than Regal shall be in default under this Agreement, all
remedies, at law or in equity, shall be available to Regal with respect to such default. Notwithstanding
4827-3676-5710.1
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anything in this Agreement to the contrary, the acts of one Owner of a parcel within the Property shall not
affect the rights under this Agreement with respect to any other parcel within the Property.
5.4 RESERVED
6. PROTECTION OF MORTGAGE HOLDERS.
6.1 Protection of Mortgage Holders. Regal and the City agree that this Agreement shall not
prevent or limit Regal (or any Owner), in any manner, at Regal's (or such Owner's) sole discretion, from
encumbering the Property or any portion thereof or any improvement thereon (owned by Regal or any
other Owner, as the case may be) by any mortgage, deed of trust or other security device securing
financing with respect to such Property. The City acknowledges that the lenders providing such financing
("Mortgagees") may require certain Agreement interpretations. Accordingly, the City agrees, upon the
written request of Regal (or the applicable Owner), to meet from time to time with Regal and
representatives of such Mortgagees to negotiate in good faith any such request for interpretation. The
party making such request shall be obligated for the payment or reimbursement to the City of all costs
incurred by the City directly related to this provision to meet and negotiate any such requests for
interpretation and, upon request by the City, shall make a cash-equivalent deposit in an amount of such
costs as reasonably estimated by the City in advance of the City entering into such negotiations. The City
will not unreasonably withhold its consent to any such requested interpretation, provided such
interpretation is consistent with this Agreement. Any Mortgagee of all or any portion of the Property shall
be entitled to the following rights and privileges:
6.1.1 Neither entering into this Agreement nor a breach of this Agreement shall defeat,
render invalid, diminish, or impair the lien of any mortgage on all or any portion of the Property.
6.1.2 If the City timely receives a written request from a Mortgagee requesting a copy
of any notice of default that may be given to Regal under the terms of this Agreement, the City
shall provide a copy of that notice to the Mortgagee within one (I) Business Day after sending the
notice of default to Regal. The Mortgagee shall have the right, but not the obligation, to cure the
default during the remaining cure period allowed such party under this Agreement.
6.1.3 Any Mortgagee who comes into possession of all or any portion of the Property,
pursuant to foreclosure of the mortgage or deed of trust, or deed in lieu of such foreclosure, shall
take the Property or part thereof subject to the terms of this Agreement, including the right of the
City to terminate this Agreement in the event that a default under this Agreement by Regal is not
cured during the cure periods provided in Sections 5.2 and 5.3 above. Notwithstanding any other
provision ofthis Agreement to the contrary but subject to the immediately preceding sentence, no
Mortgagee shall have an obligation or duty under this Agreement to perform any of Regal's
obligations hereunder or to guarantee such performance.
7. GENERAL PROVISIONS.
7.1 Assignment. Nothing in this Agreement affects Regal's or any other Owner's rights to
own, transfer, conveyor encumber all or any portion of the Property owned by Regal or such other
Owner. Regal (or an Assignee) shall have the right to assign, without the consent of the City, all or part of
its rights and obligations under this Agreement to a Person who is an Assignee. Upon the assignment of
this Agreement to a Regal Assignee, (a) the assignor (Regal or an Assignee, as the case may be) shall be
released from this Agreement when (i) written notice of such assignment is given to the City, and (ii) the
Assignee assumes in writing the obligations of Regal under this Agreement with a copy thereof delivered
4827-3676-5710.1
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to the City, and (b) the term "Regal" as used in this Agreement shall mean such Assignee. No other
Owner shall have any right to assign this Agreement or any rights thereunder.
7.2 Amendment or Termination of this Agreement. Except as provided in Section 5.3 above
(for termination as a remedy for an uncured default), this Agreement may be amended or terminated with
respect to any parcel within the Property only by written agreement signed by the then current Owner of
such parcel and the City after approval by the Council (and, as to the Theatre, by Regal or its Assignee),
without the necessity of the joinder of any other Person; provided, however, any amendment or
termination of this Agreement shall not be effective with respect to any parcel in the Property or with
respect to the rights under this Agreement of any Owner unless the Owner of such parcel or the Owner
whose rights are so affected also is a signatory to such amendment or termination. In order for any such
amendment or termination to be effective, it must be adopted by the City by resolution as set forth in the
California Development Agreement Legislation and must be in form suitable for recording in the Official
Records of San Bernardino County, California. In accordance with City Code Chapter 19.40, the
procedure for an amendment to this Agreement shall be a tiered amendment review procedure as follows:
(a) proposed amendments that are development related (such as affecting
uses, density, height, coverages, or setbacks) must be submitted to the
Director of the Community Development Department and/or to the
Planning Commission of the City for recommendation for approval or
non-approval as required by the Development Code at the time of such
proposed amended and then forwarded to the Council for determination,
at the Council's discretion, of approval or non-approval, with the
Council not being bound to accept the Planning Commission
recommendation; and
(b) all other proposed amendments must be approved by the Council at its
discretion.
7.3 Hold Harmless. Regal shall defend, indemnify and hold harmless the City and the
Agency, the SBEDC, their officers, elected officials, attorneys, departments, boards, commissions,
employees and agents (collectively, the "City/ Agencv/SBEDC Indemnified Parties") from any claim,
actions or proceeding against the City/ Agency/SBEDC Indemnified Parties to attack, set aside, void or
annul this Agreement on the basis that Regal did not have authority to enter into this Agreement ("Regal
Indemnitv Claim"); and Regal shall reimburse the City/ Agency/SBEDC Indemnified Parties for any court
costs and attorney's fees which the City/ Agency/SBEDC Indemnified Parties may be required by a court
to pay as a result of a Regal Indemnity Claim. At its sole discretion, the City, the Agency, and/or the
SBEDC may participate at its own expense in the defense of any such Regal Indemnity Claim, but such
participation shall not relieve Regal of any obligation imposed by this Section 7.3.1. The City, the
Agency, and/or the SBEDC shall notify Regal promptly of any Regal Indemnity Claim and cooperate
fully in the defense. Regal, the City, the Agency, and/or the SBEDC shall jointly select legal counsel to
represent the City, the Agency, and/or the SBEDC in any such Regal Indemnity Claim. The City, the
Agency, and/or the SBEDC, without Regal's written consent, shall not settle any Regal Indemnity Claim
that is subject to the indemnity under this Section 7.3.1. If during the proceeding a settlement demand is
made and Regal is willing to satisfy the settlement demand and the City, the Agency, and/or the SBEDC
rejects such settlement demand, Regal's indemnity obligation in this Section 7.3.1 shall from that point
forward not exceed the amount of the settlement demand. Notwithstanding any language to the contrary
in this Section 7.3.1 or elsewhere in this Agreement, Regal shall have no indemnity obligations to the
City/Agency/SBEDC Indemnified Parties for claims that arise from or are alleged to arise from (i) the
negligence or willful misconduct of any of the City/Agency/SBEDC Indemnified Parties, or (ii) any costs
4827-3676-5710.1
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or legal expenses that arise from any suit or action commenced by any of the City/ Agency/SBEDC
Indemnified Parties.
7.4 Binding Effect. Except to the extent otherwise provided in this Agreement, the burdens
of this Agreement bind, and the benefits of this Agreement inure to, the City's and Regal's respective
successors in interests and assigns, including as provided in Section 3.5.3 above and in Section 7.5 below.
7.5 Relationship of the City and Regal: Third Party Beneficiaries. The contractual
relationship between the City and Regal (and any other signatory to this Agreement) arising out of this
Agreement is one of independent contractor and not agency. Nothing in this Agreement shall be construed
as making the City and Regal (or any other signatory to this Agreement) joint venturers or partners. There
are no third party beneficiaries of this Agreement, and this Agreement does not create any third-party
beneficiary rights; provided, however, (a) the provisions of this Agreement regarding development rights
applicable to the Property shall apply to and be enforceable by any Owner with respect to the portion of
the Property owned by such Owner, and (b) an Owner has the rights set forth in Section 7.2 of this
Agreement regarding amendment and termination of this Agreement.
7.6 Notices. Any notice to be provided or permitted under this Agreement shall be in writing,
signed by the party giving such notice and sufficiently given if hand delivered, delivered by an overnight
messenger/delivery service or mailed by registered or certified mail, postage prepaid, return receipt
requested, addressed as set forth below. Such notices, if delivered (i) by hand, shall be deemed given
when delivered, (ii) by an overnight messenger/delivery service, shall be deemed given upon delivery or
one (I) Business Day (hereinafter defined) after the sending of such notice, whichever occurs earlier, and
(iii) by mail, shall be deemed given five (5) Business Days after deposit in the U.S. mail. Notice that
starts the running of any cure period and that is delivered on a non-Business Day shall be deemed
delivered on the next following Business Day if left at the notice address or the next Business Day on
which it is redelivered if it is not left at the notice address.
The names and address of those representatives of each party to which notices shall be sent are:
If to City, to:
With a copy to:
And a copy to:
If to Regal, to:
4827-3676-5710.1
City of San Bernardino
300 North "D" Street
San Bernardino, CA 92418
Attention: City Manager
Timothy J. Sabo
Lewis, Brisbois, Bisgaard & Smith, LLP
650 East Hospitality Lane, Suite 600
San Bernardino, CA 92408
SBEDC
201 North E Street, Suite 301
San Bernardino, California 92401
Attn: Emil A. Marzullo
Regal Cinemas, Inc.
7132 Regal Lane
Knoxville, Tennessee 37918
Attn: Real Estate Department
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With a copy to:
Herbert S. Sanger, Jr., Esq.
Wagner, Myers & Sanger, P.C.
1801 First Tennessee Plaza
Knoxville, Tennessee 37929
Such addresses shall be subject to change from time to time to such other representatives or addresses as
may be specified in written notice given by the intended recipient to the sender in accordance with this
Section 7.6.
7.7 Estoooel Certificates. At the request of either party, the other party, within thirty (30)
calendar days after receipt of such request, shall certifY in writing that, to the best of its knowledge, (a)
this Agreement is in full force and effect in accordance with its terms and is a binding obligation of the
certifying party, (b) this Agreement has not been amended or modified, except as is expressly stated in
that estoppel certificate, and (c) no default in the performance of the requesting party's obligations as
provided in this Agreement exists, except as expressly stated in that estoppel certificate.
7.8 Rules of Construction. The singular includes the plural; the masculine gender includes
the feminine; "shall" is mandatory; "may" is permissive. The word "including" as used herein shall be
deemed to mean "including, but not limited to." A "Business Dav" is a day other than a Saturday,
Sunday or City holiday.
7.9 Entire Agreement and Waivers. This Agreement constitutes the entire understanding and
agreement of the City and Regal with respect to the matters set forth in this Agreement. This Agreement
supersedes all negotiations or previous agreements between the City and Regal respecting this
Agreement. All waivers of the provisions of this Agreement must be in writing and signed by the
appropriate authorities of the City and Regal.
7.10 Incomoration of Recitals and Exhibits. The recitals set forth in Section I of this
Agreement and exhibits referenced in this Agreement are incorporated in and part of this Agreement.
7.11 Caotions. The captions of this Agreement are for convenience and reference only and
shall not define, explain, modifY, construe, limit, amplifY or aid in the interpretation, construction, or
meaning of any of the provisions of this Agreement.
7.12 Consent. Where the consent or approval of the City or Regal is required in or necessary
under this Agreement, such consent or approval shall not be unreasonably withheld, delayed, or
conditioned.
7.13 Covenant of Coooeration. The City and Regal shall cooperate, deal with, and assist each
other in good faith in connection with the performance of the provisions of this Agreement.
7.14 Recording. The City Clerk shall cause a copy of this Agreement to be recorded with the
Office of the County Recorder of San Bernardino County, California, within ten (10) calendar days
following the execution of this Agreement.
7.15 Severabilitv. Every provision of this Agreement is and shall be construed to be a separate
and independent covenant. Without limiting the generality of the foregoing, if any provision of this
Agreement is found to be invalid or unenforceable for any reason, then the remainder of this Agreement
shall not be affected and shall be enforced to the extent permitted by law and the parties shall negotiate in
good faith for such amendments to this Agreement as may be necessary to achieve its intent,
notwithstanding such invalidity or unenforceability.
4827-3676-5710.1
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7.16 Further Actions. Whenever and as often as it is requested to do so by the other party, each
party shall execute, acknowledge and deliver or cause to be executed, acknowledged or delivered, any and
all such further documents as may be reasonably necessary, expedient or proper in order to achieve the
intent of this Agreement.
7.17 Interoretation. Governing Law and Venue. This Agreement and any dispute arising
hereunder shall be governed and interpreted in accordance with the laws of the State of California. Venue
for any such dispute shall be in the Superior Court, County of San Bernardino, Central District or
equivalent federal court having jurisdiction for the City of San Bernardino.
7.18 SBEDC No Longer Partv. At such time that the SBEDC no longer owns any portion of
the Project, the SBEDC shall no longer be a party to this Agreement. At request of either Regal or the
City, SBEDC shall provide written confirmation of its nonownership position in recordable form
reasonably acceptable to the SBEDC, provided, however, the furnishing of such written confirmation is
not required as a condition to SBEDC no longer being a party to this Agreement, as such automatically
occurs upon such non-ownership as reflected in the Official Recording of San Bernardino County,
California. Nothing contained herein shall prevent the SBEDC from selling, conveying, or otherwise
mortgaging all or any interest of the SBEDC in the Project.
[SIGNATURE PAGE FOLLOWS]
4827-3676-5710.1
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IN WITNESS WHEREOF, this Agreement has been executed by the City of San Bernardino,
acting by and through its Mayor and Common Council, pursuant to Resolution No.
authorizing such execution, by Regal Cinemas, Inc., and by the San Bernardino Economic Development
Corporation.
Dated this _ day of
,201_.
Name: Patrick 1. Morris
Name:
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CITY
City of San Bernardino
REGAL CINEMAS. INC.
Regal Cinemas, Inc.
a Tennessee corporation
By:
By:
Title: Mavor
Title:
City Clerk
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San Bernardino Economic Development Corporation
a California non-profit corporation
AGENCY
Redevelopment Agency
of the City of San Bernardino,
a public body, corporate and politic
Patrick J. Morris
President
Emil A. Marzullo
Interim Executive Director
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APPROVED AS TO FORM:
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4827-3676-5710.1
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PROPERTY
APN 0134-121-26-0000
Legal Description - MN 0134-121-26-0000
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Parcel No. I of Parcel Map 15038 in the City of San Bernardino, County of San Bernardino, State of
California, as per plat recorded in Book 186 of Parcel Maps, Pages 14 and 15, records of said County.
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EXHIBIT B
VESTED PROVISIONS
The following portions and provisions of the Development Code are the Vested Provisions:
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Amendment to Development Code Chapter 19.06 - Commercial Districts, Table 06.01 - Commercial
Districts List of Permitted Uses as amended on ,201 .
4827-3676-5710.1
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ORDINANCE NO.
2
3
AN ORDINANCE OF THE CITY OF SAN BERNARDINO DELETING
AMENDMENT MC 1356 AND AMENDING CHAPTER 19.06 TABLE 06.01, LIST OF PERMITTED
USES, IN CHAPTER 19.06 OF THE SAN BERNARDINO MUNICIPAL CODE (DEVELOPMENT
CODE), TO PERMIT NEW MOVIE THEATERS NOT OTHERWISE EXEMPTED BY A
DEVELOPMENT AGREEMENT, WITH AN AUDITORIUM OF 3000 SQUARE FEET OR LESS u>
AND 200 OR FEWER SEATS, WITH NO LIMIT OF THE NUMBER OF SCREENS IN ANY ~
THEATER COMPLEX AND APPROVING TO DEVELOPMENT AGREEMENT NO. 11-02 ~
BETWEEN THE CITY OF SAN BERNARDINO AND REGAL CINEMAS INC. FOR A 14- U
SCREEN MOVIE THEATER IN DOWNTOWN SAN BERNARDINO
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The Mayor and Common Council of the City of San Bernardino do ordain as follows: ::
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WHEREAS, Section 40(z) of the City Charter vests the Mayor and Common Council with the E
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power to make and enforce all laws and regulations with respect to municipal affairs, subject only to the a,
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WHEREAS, Regal Cinemas, Inc. has requested approval of Development Agreement No. 11-02 0
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restrictions and limitations provided in the Charter or by State law; and
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for development of a 14-screen movie theater in an existing movie theater located at 450 North "E"
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Street in the CR-2, Commercial Regional-Downtown land use district, which use of the property also :::
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necessitates the amendment of the Development Code as set out here; and
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WHEREAS, on October 29, 1996, the Redevelopment Agency of the City of San Bernardino ~
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(the "Agency") and MDA-San Bernardino Associates, LLC, entered into a Disposition and
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Development Agreement (1996-DDA) for the development, construction, improvement, and financing
of a multi-screen cinema complex and related common area improvements. In 2001, with the downturn
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in the cinema industry, the Agency purchased the theater building (located at 450 North "E" Street) from -
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MDA, together with the existing tenant lease with CinemaStar Luxury Theaters, Inc. ("CinemaStar"), &:i
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WHEREAS, on November 7, 2008, the Agency filed an unlawful detainer action with the <
for $10,000; and
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WHEREAS, on September 28, 2008, CinemaStar ceased operations; and
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Superior Court of California which held CinemaStar to be in default of the terms of their lease, declared
the lease to be terminated and granted possession of the multi-screen cinema complex (the "20-Plex") to
the Agency as of December 1,2008; and
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WHEREAS, on December IS, 2008, the Mayor and Common Council of the City of San
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Bernardino (the "Council") consented to the disposition of the 20-Plex to Maya North America
("Maya") and the Community Development Commission of the City of San Bernardino (the
"Commission") approved the sale of the 20-Plex and authorized the Interim Executive Director of the
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Agency to execute the 2008 Disposition and Development Agreement (the "2008 DDA") by and Iii
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between the Agency and Maya; and ~
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WHEREAS, on February 2, 2009, the Council authorized the submittal of a U.S. Department of n;
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Housing and Urban Development ("HUD") Section 108 Loan Guarantee Application (the "HUD Loan ~
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Application"), on March 6, 2009, the Community Development Citizens Advisory Committee ~
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recommended to forward the Pre-Application for the HUD Loan Application for the re-finance and
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rehabilitation Project to the Council for approval, and on April 6, 2009, in a Public Hearing, the Council
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approved and authorized the submittal of the HUD Loan Application for Maya to HUD; and
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WHEREAS, the HUD Loan Application was submitted to HUD and the Agency received HUD's [
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WHEREAS, on May 18,2009, the Commission approved Amendment No. I to the 2008 DDA ..
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extending the close of escrow deadline from July 1,2009 to October 30, 2009, due to unforeseen delays :;!
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approval on September 25, 2009; and
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in the Agency obtaining legal possession of the building and its contents, HUD's review and approval of <:
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the HUD Loan Application, and Maya securing its financing as stated and outlined in the 2008 DDA;
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and
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WHEREAS, on June 1,2009, the Mayor and Common Council adopted Resolution No. 2009143
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to formally accept and endorse the Downtown Core Vision/Action Plan as a working document to guide ....
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WHEREAS, by Resolution No. 2009-143, the Mayor and Common Council also directed staff to ~
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future development and revitalization of Downtown San Bernardino; and
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proceed with implementation of the Downtown Core Vision/Action Plan; and
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WHEREAS, one of the key initiatives of the Downtown Core Vision/Action Plan is creation of
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an entertainment district anchored by the California Theater and the downtown cinema; and
WHEREAS, Maya's continued difficulty with securing financing for the re-opening of the 20-
Plex lead to the termination of the 2008 DDA on April 15, 2010; and
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I Packet 1'9';401 I
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WHEREAS, between the months of May and September III 2010, the Agency received 8
proposals for development of the 20- Plex; and
WHEREAS, the Agency vetted each proposal and upon approval by the Commission in closed
session, the Agency was directed to negotiate with Regal Entertainment Group ("Regal"); and
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WHEREAS, Regal operates the largest and most geographically diverse theater circuit in the 'iil
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United States, consisting of6,745 screens in 546 theaters in 38 states and the District of Columbia; and ~
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WHEREAS, Regal is a publicly traded company listed on the New York Stock Exchange and its iO
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financial strength is testament to backing its lease commitments; and ~
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WHEREAS, Regal focuses on enhancing its position in the motion picture exhibition industry by ..:.
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distributing value to stockholders, realizing selective growth opportunities through new theater
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construction, expanding and upgrading its existing asset base with new technologies, and capitalizing on
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prudent industry consolidation opportunities; and
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WHEREAS, on November 30, 2010, Regal and the Agency executed a Letter of Understanding [
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WHEREAS, Regal, as Lessee, has entered into a Lease Agreement with the San Bernardino .,
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Economic Development Corporation (the "SBEDC" as successor in property interest), as Lessor, for the ;.
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and negotiations commenced on the leasing of the fourteen (14) of the 20 theaters in the Cinema; and
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development and reuse of fourteen (14) of the existing twenty (20) theaters within the Cinema building; l:
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and
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WHEREAS, the SBEDC further proposes to lease or sell four (4) of the remaining six (6)
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theaters to private developers and/or commercial/retail operators and to retain two (2) theaters as
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possible ancillary space for the California Theatre and a small format performance theater;
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WHEREAS, on July 5, 2011, the Mayor and Common Council amended the Development Code ~
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pursuant to MC 1356 to permit movie theaters of four or more screens subject to a conditional use ...
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permit in the Main Street Overlay District in Downtown San Bernardino; and
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WHEREAS, MC 1356 was determined to be more restrictive than necessary to achieve the goal
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of such an entertainment district and on November II, 2011, the application for this amendment was
submitted; and
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I Packet Pg. 402 I
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WHEREAS, on November II, 2011, the application for this amendment was submitted, which
amendment was approved by the Planning Commission on December 14, 2011; and
WHEREAS, this amendment of Table 06.01 of the Development Code instead will allow new
theaters, no otherwise exempted by a prior development agreement, with a theater auditorium size of
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3000 square feet or less and 200 or fewer seats, with no limit on the number of screens in any theater Iii
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complex ~
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WHEREAS, the Planning Commission of the City of San Bernardino held a noticed public '"
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hearing on December 14, ,2011, to consider Development Code Amendment No. II-II and adoption of N
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Development Agreement No. 11-02 by the same ordinance and recommended approval of both to the
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Mayor and Common Council; and
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WHEREAS, the Mayor and Common Council held a noticed public hearing on January 9, 2012,
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to consider the proposed ordinance approving and adopting both Development Code Amendment No. ~
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II-II and Development Agreement No. 11-02, including the Planning Commission recommendation "*
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and the Planning Division Staff Report dated December 14, 2011, as supplemented by the CDC Staff c
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Report; and
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WHEREAS, a program Environmental Impact Report (State Clearinghouse No. 2009111089) ~
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was certified on December 20, 2010, for Merger A; thereafter, staff determined pursuant to Section
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15168 (c) (2) of the California Environmental Quality Act (CEQA) Guidelines (the "Guidelines") that
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pursuant to Guidelines Section 15162, no new effects will occur and no new mitigation measures will be
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required as a result of the approval of this Development Agreement No. 11-02; and
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WHEREAS, staff further has determined that the amendment of the Development Code is exempt ~
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from CEQA.
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NOW, THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
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BERNARDINO DO ORDAIN AS FOLLOWS:
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SECTION I. Amendment of Develooment Code:
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I p,acket Pg. 403 I
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Chapter 19.06, Commercial Districts, Table 06.01, List of Permitted Uses, is amended as shown in
2 Attachment I attached hereto and incorporated herein by reference.
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A. Findings of Fact:
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I. The Ordinance amending the Development Code is consistent with the General en
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Plan of the City of San Bernardino. The Ordinance will amend the Development Code to continue to ~
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provide for an entertainment district in the downtown Main Street Overlay District, while allowing
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other, smaller theaters (or those exempted by an existing development agreement) throughout the
City, to enhance activity levels downtown, consistent with the following General Plan goals and ~
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policies
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Goal 4.14: "Enhance, maintain, and develop recreational, cultural, entertainment,
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and educational facilities within the City."
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Policv 4.14.2: "Seek and attract uses that foster a high level of evening activity (e.g. theaters and ~
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restaurants)." ~
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Policv 4.14.3: "Attract uses that complement and intensify the Convention Center in ~
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downtown San Bernardino, including expanding convention facilities, hotels, restaurants, !;;:
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theaters and similar uses."
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Goal 2.4: "Enhance the quality of life and economic vitality in San Bernardino by strategic infill E
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of new development and revitalization of existing development".
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Policv 2.1.3: "Encourage future development to provide public spaces that foster social
interaction. "
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2. This Ordinance amending the Development Code will not be detrimental to the
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public interest, health, safety, convenience or welfare of the City, because it will continue to .l:i
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promote revitalization and economic development around existing theaters in the downtown area g
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, within the Main Street Overlay District defined in Chapter 19.19 of the Development Code, while
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specifically allowing exempted or new, smaller theaters throughout the remainder of the City. .
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Therefore, the Ordinance amending the Development Code serves the public interest and
convenience and would not be detrimental to public health, safety or general welfare.
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SECTION 2. Approval of Development Agreement
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I. Packet Pg. 404 I
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Development Agreement No. 11-02 is attached hereto and incorporated herein as Exhibit B, and
is hereby approved. The City Manager is hereby authorized and directed to execute the Development
Agreement between the City of San Bernardino and Regal Cinemas, Inc. on behalf of the City of San
Bernardino.
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Development Agreement Amendment No. 11-02 is internally consistent with the General .~
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Plan in that it meets General Plan Policy 4.5.2 in that it maintains and enhances commercial regional ;;;
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cores and economically sound community-serving commercial concentrations by attracting new regional !!:.
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C. Development Agreement Amendment No. 11-02 is consistent with Development Code ~
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Chapter 19.40 in that, , it addresses the mandatory contents for development agreements, including and ~
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not limited to the duration of the agreement, the permitted uses of the property, and the density or 1:
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intensity ofuse(s) as described in Section 19.40.040 of the Development Code. g-
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D. The proposed amendment will promote the public interest, health, safety, convenience ~
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and welfare of the City in that the proposed agreement provides for the re-tenanting of a vacant theater 0
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complex on a commercial property in need of revitalization and rehabilitation and carries out the ~
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entertainment district concept approved by the Mayor and City Council in Development Code :E
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Amendment 11-11. 8
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E. The proposed Development Agreement will not be detrimental to the public interest, l;
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health, safety, convenience, or welfare of the City. 0
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F. The proposed Development Agreement may be adopted by ordinance pursuant to ~
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Chapter 19.40 of the Development Code. :E
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SECTION 3. California Environmental Oualitv Act: The Mayor and Common Council finds that ~
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this Ordinance is exempt from the California Environmental Quality Act (CEQA) pursuant to Section ~
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15061 (b )(3) of the CEQA Guidelines, the general rule that an activity is exempt if it will not result in a .M
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direct or reasonably foreseeable indirect physical change in the environment. The Mayor and Common
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Findings of Fact:
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B.
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outlets, maintaining the existing regional retail base, and stabilizing the future regional retail base.
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Council further find that an Environmental Impact Report (EIR) (SCH #2009111089) is a program ErR
prepared to analyze the environmental impacts of Merger A and the related downtown development.
The Mayor and Common Council certified the EIR, adopted Findings of Fact, a Statement of Overriding
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I pacK6\ Pg. 405' '1
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Considerations and a Mitigation MonitoringlReporting Program (MM/RP) on December 20, 2010.
Development Agreement No. 11-02 addresses certain economic issues and provides for the continuation
of Development Code Amendment MC 1356 or Amendment No. II-II and does not require further
environmental analysis or documentation pursuant to Sections 15162 through 15164 of the State CEQA
Guidelines. The Planning Division is hereby directed to file a Notice of Determination and/or Notice of
Exemption with the County Clerk of the Board of Supervisors of the County of San Bernardino,
certifying the City's compliance with the California Environmental Quality Act.
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SECTION 4. This Ordinance is based upon the recitals and findings set forth above, and the g>
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accompanying Staff Report and its attachments to this Ordinance, and is adopted pursuant to the ;:;;-
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authority granted to the City of San Bernardino in Article II, Section 7 of the California Constitution, :::
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and Section 40(z) of the Charter of the City of San Bernardino. ~
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SECTION 5. Severabilitv: If any section, subsection, subdivision, sentence, or clause or 6>
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phrase in this Ordinance or any part thereof is for any reason held to be unconstitutional, invalid c:
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or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or ~
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effectiveness of the remaining portions of this Ordinance or any part thereof. The Mayor and ~
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Common Council hereby declares that it would have adopted each section irrespective of the fact ~
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that anyone or more subsections, subdivisions, sentences, clauses, or phrases be declared ~
unconstitutional, invalid, or ineffective. :g
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I Packetp{j~406. I
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AN ORDINANCE OF THE CITY OF SAN BERNARDINO DELETING
AMENDMENT MC 1356 AND AMENDING CHAPTER 19.06 TABLE 06.01, LIST OF
PERMITTED USES, IN CHAPTER 19.06 OF THE SAN BERNARDINO MUNICIPAL CODE
(DEVELOPMENT CODE), TO PERMIT NEW MOVIE THEATERS NOT OTHERWISE
EXEMPTED BY A DEVELOPMENT AGREEMENT, WITH AN AUDITORIUM OF 3000
SQUARE FEET OR LESS AND 200 OR FEWER SEATS, WITH NO LIMIT OF THE NUMBER
OF SCREENS IN ANY THEATER COMPLEX AND APPROVING TO DEVELOPMENT ~
AGREEMENT NO. 11-02 BETWEEN THE CITY OF SAN BERNARDINO AND REGAL ~
CINEMAS INC. FOR A 14-SCREEN MOVIE THEATER IN DOWNTOWN SAN ~
BERNARDINO .!:
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I HEREBY CERTIFY that the foregoing ordinance was duly adopted by the Mayor and g>
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Common Council of the City of San Bernardino at a meeting thereof, held on the _day
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AYES NAYS ABSTAIN ABSENT ~
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of
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11 Council Members:
12 MARQUEZ
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JENKINS
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BRINKER
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16 SHORETT
17 KELLEY
18 JOHNSON
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MC CAMMACK
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Rachel Clark, City Clerk
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The foregoing Ordinance is hereby approved this
day of
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,2012.
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PATRICK J. MORRIS, Mayor
City of San Bernardino
26 Approved as to form:
27 JAMES F. PENMAN
City Attorney
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I- Packet ~g. 407 I