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HomeMy WebLinkAbout50- Planning & Building Services l 9ITY,OF SAN BERG .RDINO - REQUEST ; )R COUNCIL ACTION From: Al Boughey , Director Subject: TriCity Corporate Centre Project -- Development Code Amendment No . 92-13, Dept: Planning 6 Building Services Conditional Use Permit No . 92-33 and Development Agreement No . 92-01 Date: May 6 , 1993 Mayor and Common Council meeting of 5/24/ Synopsis of Previous Council action: 06/02/89 -- The Mayor and Common Council adopted the General Plan and the land use designation on the 152 . 7 acres site became CR-3 , Commercial Regional (TriCity/Club) . 05/03/91 -- The Mayor and Common Council adopted the Development Code (effective on June 3 , 1991) which implements the General Plan land use designations and related policies . Recommended motion: That the public hearing be closed and the resolution be adopted which adopts the Mitigated Negative Declaration , adopts Development Agreement No . 92-01 and approves the Mitigation Monitoring and Reporting Program and that the first reading be waived and that the ordinance which approves Development Code Amendment No. 92-13 to establish the TriCity Corporate Centre Land Use Plan Design Guidelines as an Overlay District in the Development Code be laid over for adoption and to approve Conditional Use Permit No. 92-33 which provides conceptual approval for eight highrise ui ings . Al Signature Contactperson: Al Rnughpy., nire,fcr Phone: 384-5357 Supporting data attached: Staff Report , Resolution and Wards : 1 and3 Ordinance FUNDING REQUIREMENTS: Amount: $25 .00 Source: (Acct. No.) 772-171-24515 Acct. Description) Fish and Game/ nt Fi n F for Mitigated e i ecla tion Finance: Council Notes: 75-0262 Aqenda Item NO.A5-,9 CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT SUBJECT: DEVELOPMENT AGREEMENT NO. 92-01, DEVELOPMENT CODE AMENDMENT NO. 92-13 AND CONDITIONAL USE PERMIT NO. 92-33 REQUEST/LOCATION Under the authority of Development Code Chapter 19. 42, the applicant requests approval of Development Code Amendment (DCA) No. 92-13 , to establish the TriCity Corporate Centre Land Use Plan And Design Guidelines (Land Use Plan) in the Development Code as an overlay district. Concurrently, under the authority of Development Code Section 19 . 06. 030 (1) (A) , the applicant requests the approval of Conditional Use Permit (CUP) No. 92-33 to construct 8 buildings on the site that exceed 4 stories (or 52 feet) in height. Under the authority of Development Code Chapter 19 .40. 020, the applicant also requests the approval of Development Agreement (DA) No. 92-01 to vest the developer with the right to establish specified permitted uses using the development standards and design guidelines outlined in the Tricity Corporate Centre Land Use Plan And Design Guidelines and to provide for infrastructure improvements within the project area. The TriCity Corporate Centre property is irregular in shape and consists of 152.7 acres generally located between I-10 and the Santa Ana River and between Waterman Avenue and the Gage Canal. (Refer to Site Vicinity Map, Attachment E) . KEY ISSUES There are several key issues identified as follows: - The Land Use Plan specifies permitted uses and includes design standards and guidelines for development, landscaping standards and guidelines and a comprehensive sign program that reflects the existing signage on the site. The sign program also addresses street name and building signs in addition to major tenant and project signs. - The Land Use Plan proposes 8 highrise buildings which will exceed 4 stories. Conditional Use Permit No. 92-33 will meet General Plan (Policy 1. 17.20) and Development Code (Section 1. 06. 030 (1) , Table 06. 02) requirements to provide public review for highrise buildings. o TriCity Corporate Centre Project Development Agreement No. 92-01 (et al) Mayor and Common Council Meeting of May 24, 1993 Page 2 The Land Use Plan is consistent with General Plan Policy 1. 17 . 38 which addresses the preparation of a comprehensive development plan for the site. - A 19 acre portion of the site (located in Planning Area 2) was used and operated as a landfill by the City of San Bernardino from 1950 to 1958. This project, either through the Development Agreement or the Land Use Plan, does not attempt to assign or reassign such responsibility. (Background information on the landfill is contained in the Land Use Plan (Volume 2 , Appendix C) . - An alternative land use proposal (entitled the Municipal Parksite Option) is proposed for the landfill portion of the site. (See Exhibit 1, Figure 3A on page 9) - Implementation of the Municipal Parksite Option will result in the transfer of approximately 309, 000 square feet of building area from Planning Area 2 to Planning Areas 3 and 4 . The transfer of square footage will result in increased building footprints rather than in the construction of additional buildings. - The Development Agreement establishes the terms under which development on the site will occur and ensureS that development on the site will be consistent and compatible through the implementation of the TriCity Corporate Centre Land Use Plan And Design Guidelines (Land Use Plan) . - The Development Agreement will ensure that required improvements and infrastructure are constructed when needed through implementation of the Land Use Plan and the Mitigation Monitoring and Reporting Program which are incorporated by reference in the Development Agreement. - The term of the Development Agreement is proposed for 25 years. Staff proposes that a shorter term of 20 years be considered primarily because 25 years seems excessive. ENVIRONMENTAL DETERMINATION The Initial Study prepared for the project is tiered from the Environmental Impact Report (EIR) which was prepared for the TriCity Redevelopment Area Development Plan in 1983 . Because the project is implemented as part of a redevelopment plan, the current o TriCity Corporate Centre Project Development Agreement No. 92-01 (et al) Mayor and Common Council Meeting of May 24, 1993 Page 3 project can be evaluated under the original EIR's contents and findings (CEQA Guidelines, Section 15180) . Based on the overall square footage for the project (approximately 3 , 000, 000 square feet at buildout) , the Initial Study states that the project could result in significant environmental effects at the regional level. However, project mitigation will reduce the impacts to below a level of significance. A copy of the Mitigation Monitoring/Reporting Program is contained in Exhibit 2 , Attachment C to Attachment A. The Environmental Review Committee and the Planning Commission recommended the adoption of a Mitigated Negative Declaration. The proposed Mitigated Negative Declaration was advertised and available (with the Initial Study) for public review and comment from December 25, 1992 to January 22 , 1993 . Three sets of comments were received from City departments and other public agencies. The comments and the City's Responses to Comments are contained in Exhibit 1, Attachment C to Attachment D. COMMENTS RECEIVED During the 30 day public review period for the Initial Study and the Mitigated Negative Declaration, comments were received from Kevin Barnes, Refuse Superintendent, City of San Bernardino Public Services Department; Harvey J. Sawyer, Chief, CalTrans District 8, Transportation Planning, San Bernardino County Coordination Branch; and, Lorraine Van Kekerix, Manager, California Integrated Waste Management Board, Waste Generation Analysis and Environmental Review. Responses to the comments were prepared and are contained in Exhibit 1, Attachment C to Attachment D. A summary of the comments is available in the April 20, 1993 Staff Report to the Planning Commission (Exhibit 1) . At the April 20, 1993 Planning Commission meeting, Kathy Head who is employed by the City of Riverside stated that the drainage from the project site is eroding the western slope along the Gage Canal. She also stated that the project is not maintaining the landscape assessment district area along the canal which adds to the erosion problem. The City of Riverside owns the Gage Canal (which is operated by the Gage Canal Company) and would like to see their concerns resolved. To that end, the Planning Commission directed staff to look into the matter and identify the appropriate City department to coordinate its resolution. 0 0 TriCity Corporate Centre Project Development Agreement No. 92-01 (et al) Mayor and Common Council Meeting of May 24, 1993 Page 4 On April 27, 1993 , the City received a letter from the Gage Canal Company which outlined the same concerns. The letter invited the City of San Bernardino to participate in a meeting between Rancon Realty Funds and the Gage Canal Company. Because the concerns relate to drainage and the landscape assessment district, the matter (along with a copy of the letter) was referred to the Public Works Department. Representatives of Rancon Realty Fund have expressed their willingness to work with the City of San Bernardino and the Gage Canal Company to resolve the problems. MAYOR AND COMMON COUNCIL OPTIONS The Mayor and Common Council may: 1. Adopt the Mitigated Negative Declaration, approve Development Agreement No. 92-01, Development Code Amendment No. 92-13 and Conditional Use Permit No. 92-33 and approve the Mitigation Monitoring and Reporting Program. 2 . Deny Development Agreement No. 92-01, Development Code Amendment No. 92-13 and Conditional Use Permit No. 92-33 and direct staff to prepare findings for that determination. PLANNING COMMISSION RECOMMENDATION The Planning commission voted 6-0 with 4 members absent to recommend to the Mayor and Common Council the adoption of the Mitigated Negative Declaration, approve Development Agreement No. 92-01, Development Code Amendment No. 92-13 and Conditional Use Permit No. 92-33 and approval of the Mitigation Monitoring Program. The Planning Commission made two additional recommendations, as follows: 1. That the term of the Development Agreement be approved for 25 years; and, 2 . That certain editing changes and typographical corrections be made to the project documents (the Development Agreement and the Tricity Corporate Centre Land Use Plan And Design Guidelines) prior to scheduling the project for a Mayor and Common Council hearing date. The proposed 25 year term for the Development Agreement has not been changed in the document and the editing changes and typographical corrections have been made as recommended. � O TriCity Corporate Centre Project Development Agreement No. 92-01 (et al) Mayor and Common Council Meeting of May 24, 1993 Page 5 STAFF RECOMMENDATION Staff recommends that the Mayor and Common Council: 1. Adopt the Resolution (Exhibit 2) which adopts the Mitigated Negative Declaration and Development Agreement No. 92-01 (Exhibit 2, Attachment A) ; 2 . Approve the Mitigation Monitoring Program (Exhibit 2 , Attachment C to Attachment A) ; 3 . Waive the first reading and that the proposed Ordinance (Exhibit 3) which approves Development Code Amendment No. 92-13 to incorporate by reference the TriCity Corporate Centre Land Use Plan And Design Guidelines (Exhibit 3 , Attachment A) to the Development Code be laid over for adoption based on the Findings of Fact (Exhibit 1, Attachment B) ; and, 4 . Approve Conditional Use Permit No. 92-33 which conceptually approves 8 proposed highrise buildings based on the Findings of Fact (Exhibit 1, Attachment C) . Prepared by: Deborah Woldruff, Associate Planner for Al Boughey, Director Planning and Building services EXHIBIT 1 April 20, 1993 Staff Report to the Planning Commission Attachments: A - Municipal (Development) Code and General Plan Compliance Table B - DCA No. 92-13 Findings of Fact C - CUP No. 92-33 Findings of Fact D - Initial Study Attachment A Checklist Responses Attachment B Draft TDMP Attachment C Response to Comments E - Site Vicinity Map Exhibits: 1 - TriCity Corporate Centre Land Use Plan And Design Guidelines (Not included - See Resolution) 2 - Development Agreement (Not included - See Resolution) 0 0 TriCity Corporate Centre Project Development Agreement No. 92-01 (et al) Mayor and Common Council Meeting of May 24, 1993 Page 6 EXHIBIT 2 Resolution Attachments: A - Development Agreement (Previously distributed) Exhibits: A-1 Legal Description of Property (Parcel Maps Attached) A-2 Legal Description of Landfill (Parcel Maps Attached) B TriCity Corporate Centre Land Use Plan And Design Guidelines (Previously Distributed) C Mitigation Monitoring And Reporting Program (Previously Distributed) EXHIBIT 3 Ordinance Attachments: A - TriCity Corporate Centre Land Use Plan And Design Guidelines (Previously Distributed - See Resolution) B - Text Changes to the Development Code o 1 RESOLUTION NO. 2 RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING THE NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND THE MITIGATION 3 MONITORING/REPORTING PROGRAM; AND ADOPTING AND AUTHORIZING THE EXECUTION OF DEVELOPMENT AGREEMENT NO. 92-01 (TRICITY CORPORATE 4 CENTRE PROJECT) . 5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 6 SECTION 1. RECITALS 7 A. WHEREAS, the Mayor and Common Council adopted the General 8 Plan for the City of San Bernardino by Resolution No. 89-159 on 9 June 2, 1989 ; and 10 B. WHEREAS, the General Plan made provisions for the 11 adoption of development agreements and development plans to further 12 implement the goals, objectives and policies; and 13 C. WHEREAS, Development Agreement No. 92-01 will vest the 14 developer with the right to develop the subject property in 15 accordance with the TriCity Corporate Centre Land Use Plan And 16 Design Guidelines (Land Use Plan) and will ensure that 17 infrastructure and improvements are constructed for the 152 .7 acre 18 project site which is generally located north of I-10 and the Santa 19 Ana River and between Waterman Avenue and the Gage Canal. The 20 TriCity Corporate Centre Project includes Development Code 21 Amendment No. 92-13, which will add the Land Use Plan into the 22 Development Code as an overlay district and Conditional Use Permit 23 No. 92-33, which will provide public review of eight (8) buildings 24 proposed to exceed 4 stories (or 52 feet) in height at locations 25 within the project area as specified by the Land Use Plan; and 26 27 28 1 o 1 RESOLUTION ADOPTING NEGATIVE DECLARATION AND AUTHORIZING EXECUTION OF DCA NO. 92-01 (TRICITY CORPORATE CENTRE PROJECT) 2 D. WHEREAS, an Initial Stud re for the Study was prepared ared project 3 and tiered from the 1983 Environmental Impact Report (EIR) that was 4 prepared for the TriCity Redevelopment Area Development Plan in 5 accordance with Section 15180 of the California Environmental 6 Quality Act (CEQA) Guidelines which provides for the evaluation of 7 the TriCity Corporate Centre Project under the contents and 8 findings of the original EIR and the determination of whether any 9 subsequent environmental documentation is required based on current 10 environmental conditions and/or new information; and 11 E. WHEREAS, on December 17, 1992 the Environmental Review 12 Committee determined that while Development Code Amendment No. 92- 13 13, Conditional Use Permit No. 92-33 and Development Agreement No. 14 92-01 could result in significant environmental effects on a 15 regional scale (based on the overall square footage of the 16 project) , the effects can be mitigated to below a level of 17 significance; and 18 F. WHEREAS, the Initial Study and the Mitigated Negative 19 Declaration were made available to the public, responsible agencies 20 and other interested persons for their review and comment from 21 December 25, 1992 to January 22, 1993 , as required by CEQA; and 22 G. WHEREAS, verbal and written comments were received on the 23 Initial Study and the Mitigated Negative Declaration; and 24 H. WHEREAS, these comments were responded to both orally and 25 in writing as required by CEQA; and 26 I. WHEREAS, on January 28, 1993 the Development Review 27 Committee recommended clearance of the Development Code Amendment, 28 2 1 RESOLUTION ADOPTING NEGATIVE DECLARATION AND AUTHORIZING EXECUTION OF DCA NO. 92-01 (TRICITY CORPORATE CENTRE PROJECT) 2 Conditional Use Permit and Development Agreement to the Planning 3 Commission; and 4 J. WHEREAS, the Planning Commission conducted a noticed 5 public hearing on April 20, 1993 in order to receive public 6 testimony and written and oral comments on Development Code 7 Amendment No. 92-13, Conditional Use Permit No. 92-33 and 8 Development Agreement No. 92-01; and 9 K. WHEREAS, the proposed Mitigation Monitoring/Reporting 10 Program was reviewed by the Planning Commission in compliance with 11 CEQA; and 12 L. WHEREAS, the Planning Commission, after receiving public 13 testimony, recommended adoption of the Mitigated Negative 14 Declaration, adoption of the Mitigation Monitoring/Reporting 15 Program, approval of Development Code Amendment No. 92-13, approval 16 of Conditional Use Permit No. 92-33 and approval of Development 17 Agreement No. 92-01; and 18 M. WHEREAS, the Mayor and Common Council conducted a noticed 19 public hearing on May 24, 1993 and fully reviewed and considered 20 the Mitigated Negative Declaration, the Mitigation 21 Monitoring/Reporting Program, Development Code Amendment No. 92-13 , 22 Conditional Use Permit No. 92-33 and Development Agreement No. 92- 23 01 , the Planning Division staff reports and the recommendation of 24 the Planning Commission. 25 SECTION 2 . NEGATIVE DECLARATION 26 NOW, THEREFORE BE IT RESOLVED, FOUND AND DETERMINED by the 27 Mayor and Common Council that the proposed Development Agreement 28 3 o 1 RESOLUTION ADOPTING NEGATIVE DECLARATION AND AUTHORIZING EXECUTION OF DCA NO. 92-01 (TRICITY CORPORATE CENTRE PROJECT) 2 will have no significant effect on the environment, and the 3 Mitigated Negative Declaration heretofore prepared by the 4 Environmental Review committee as to the effect of this proposed 5 Agreement is hereby ratified, affirmed and adopted. 6 SECTION 3 . MITIGATION MONITORING/REPORTING PROGRAM 7 BE IT FURTHER RESOLVED by the Mayor and Common Council that 8 the Mitigation Monitoring/Reporting Program is hereby ratified, 9 affirmed and adopted. The Mitigation Monitoring/Reporting Program 10 is attached hereto as Exhibit C to Attachment A (Development 11 Agreement) and incorporated herein by reference. The Mitigated 12 Negative Declaration and the Mitigation Monitoring/Reporting 13 Program reflect the independent review and analysis and the 14 independent judgment of the City of San Bernardino. 15 SECTION 4. DEVELOPMENT AGREEMENT FINDINGS 16 BE IT FURTHER RESOLVED by the Mayor and Common Council of the 17 City of San Bernardino that: 18 A. Development Agreement No. 92-01 is not in conflict with 19 the goals, objectives and policies of the General Plan. 20 B. Development Agreement No. 92-01 is consistent with the 21 Development Code. 22 C. Development Agreement No. 92-01 will promote the welfare 23 and public interest of the City. 24 SECTION 5. DEVELOPMENT AGREEMENT ADOPTION 25 BE IT FURTHER RESOLVED by the Mayor and Common Council that: 26 A. Development Agreement No. 92-01 is hereby adopted and 27 will govern the development of the TriCity Corporate 28 4 1 RESOLUTION ADOPTING NEGATIVE DECLARATION AND AUTHORIZING EXECUTION OF DCA NO. 92-01 (TRICITY CORPORATE CENTRE PROJECT) 2 3 Centre Project area as specifically described in the 4 Development Agreement labeled Attachment A, a copy of 5 which is attached and incorporated herein by reference. 6 B. In addition to the Mitigation Monitoring/Reporting 7 Program (Exhibit C) , Development Agreement No. 92-01 8 includes the following documents as exhibits: 1. ) Legal 9 Description of Property (Parcel Maps Attached) (Exhibit 10 A-1) ; 2 . ) Legal Description of Landfill (Parcel Maps 11 Attached) (Exhibit A-2) ; and, 3 . ) TriCity Corporate 12 Centre Land Use Plan And Design Guidelines (Exhibit B) . 13 Copies of Exhibits A-1, A-2 and B are labeled (as 14 indicated) , attached and incorporated herein by 15 reference. 16 C. The Mayor is hereby authorized and directed to execute, 17 on behalf of said City, Development Agreement No. 92-01. 18 D. The authorization to execute Development Agreement No. 19 92-01 is rescinded if the parties to the agreement fail 20 to execute it within sixty (60) days of the passage of 21 this Resolution. 22 E. Development Agreement No. 92-01 shall take effect upon 23 the effective date of the adoption of this Resolution. 24 SECTION 6. NOTICE OF DETERMINATION 25 The Planning Division is hereby directed to file a Notice of 26 Determination with the County Clerk of the County of San Bernardino 27 certifying the City's compliance with the California Environmental 28 5 o 1 RESOLUTION ADOPTING NEGATIVE DECLARATION AND AUTHORIZING EXECUTION OF DCA NO. 92-01 (TRICITY CORPORATE CENTRE PROJECT) 2 Quality Act in preparing the Negative Declaration and Mitigation 3 Monitoring/Reporting Program. 4 5 SECTION 7. RECORDATION 6 The developer shall record the Development Agreement in the 7 Office of the County Recorder no later than ten (10) days after it 8 is executed by the parties. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 6 o 1 RESOLUTION . . .ADOPTING THE NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND THE MITIGATION MONITORING/REPORTING PROGRAM; AND 2 ADOPTING AND AUTHORIZING THE EXECUTION OF DEVELOPMENT AGREEMENT NO. 92-01 (TRICITY CORPORATE CENTRE PROJECT) . 3 4 I HEREBY CERTIFY that the foregoing resolution was duly 5 adopted by the Mayor and Common Council of the City of San 6 Bernardino at a meeting therefore held on the 7 day of 1993 , by the following vote to 8 wit: 9 Council Members AYES NAYS ABSTAIN ABSENT 10 ESTRADA 11 REILLY _ 12 HERNANDEZ 13 MAUDSLEY 14 MINOR 15 POPE-LUDLAM 16 MILLER _ 17 18 City Clerk 19 The foregoing resolution is hereby approved this day of 1993 . 20 21 W.R. Holcomb, Mayor 22 City of San Bernardino Approved as to 23 form and legal content: 24 JAMES F. PENMAN City ttorney n 21 By 26 By � 27 28 o 1 2 ORDINANCE NO. 3 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING THE SAN BERNARDINO MUNICIPAL CODE (TITLE 19 - THE DEVELOPMENT CODE) TO ADD 4 CHAPTER 19. 11 TCC (TRICITY CORPORATE CENTRE OVERLAY) DISTRICT WHICH PROVIDES FOR THE IMPLEMENTATION OF THE TRICITY CORPORATE CENTRE 5 LAND USE PLAN AND DESIGN GUIDELINES. 6 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: 7 SECTION 1. Page I1-155 CC, Chapter 19.11 TCC (TRICITY 8 CORPORATE CENTRE OVERLAY) DISTRICT, is added as shown on Attachment 9 A, (Page II-155 CC of the Development Code) attached hereto and 10 incorporated herein by reference. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 o 1 2 ORDINANCE. . .AMENDING THE SAN BERNARDINO MUNICIPAL CODE (TITLE 19 - THE DEVELOPMENT CODE) TO ADD CHAPTER 19. 11 TCC (TRICITY CORPORATE 3 CENTRE OVERLAY) DISTRICT WHICH PROVIDES FOR THE IMPLEMENTATION OF THE TRICITY CORPORATE CENTRE LAND USE PLAN AND DESIGN GUIDELINES. 4 5 I HEREBY CERTIFY that the foregoing ordinance was duly adopted 6 by the Mayor and Common Council of the City of San Bernardino at a 7 meeting, therefore, held on the day of 8 1993 , by the following vote to wit: 9 Council Members: AYES NAYS ABSTAIN ABSENT 10 NEGRETE 11 CURLIN 12 HERNANDEZ 13 OBERHELMAN _ 14 OFFICE VACANT 15 POPE-LUDLAM _ 16 MILLER _ 17 18 City Clerk 19 The foregoing ordinance is hereby approved this day of 1993. 20 21 Tom Minor, Mayor City of San Bernardino 22 Approved as to 23 form and legal content: JAMES F. PENMAN, 24 City ttorney 25 By; r- 26 27 28 2 O ATTACHMENT A TRICITY CORPORATE CENTRE OVERLAY DISTRICT - 19.11 CHAPTER 19. 11 TCC (TRICITY CORPORATE CENTRE OVERLAY) DISTRICT 19.11.010 PURPOSE The purpose of this chapter is to promote and encourage that development in the TriCity Corporate Centre Project area is consistent and compatible and in accordance with the TriCity Corporate Centre Land Use Plan And Design Guidelines which is incorporated into this Development Code by reference. The TriCity Corporate Centre Land Use Plan And Design Guidelines establishes Planning Areas, permitted uses and standards and design guidelines which shall be used in the TriCity Corporate Centre Project area as shown on the Development Code Overlay Map. 0 0 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: RANCON REALTY FUND IV AND RANCON REALTY FUND V C/O RANCON FINANCIAL CORPORATION 27720 Jefferson Avenue Temecula, CA 92590 Attn: Master Files Space Above This Line For Recorder's Use DEVELOPMENT AGREEMENT between RANCON REALTY FUND IV AND RANCON REALTY FUND V and CITY OF SAN BERNARDINO W MAY 1 8 1393 CITY OF SAN L MWIPQINO DEFA;MAEN' OF Pl r+i:6PJG Za EU:LG^JC 5_^V�CcS 5&93\T:\City.Dev\ERw\ar 0 TABLE OF CONTENTS Section Page 1 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2 Exhibits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 3 Mutual Benefits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 4 Interest of Developer . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 5 Binding Effect of Agreement . . . . . . . . . . . . . . . . . . . . . . . 5 6 Project as a Private Undertaking . . . . . . . . . . . . . . . . . . . . 5 7 Land Uses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 8 Term . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 9 Changes in Project . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 10 Hold Harmless . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 11 Vested Right . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 12 General Development of the Project . . . . . . . . . . . . . . . . . 7 13 Rules, Regulations and Official Policies . . . . . . . . . . . . . . . 10 14 Amendment or Cancellation of Agreement . . . . . . . . . . . . . 11 15 Enforcement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 16 Periodic Review of Compliance With Agreement . . . . . . . . . 11 17 Events of Default . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 18 Institution of Legal Action . . . . . . . . . . . . . . . . . . . . . . . . . 12 19 Waivers and Delays . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 20 Notices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 5SF93\T:\City.Dev\ERW\ar i 0 21 Attorney's Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 22 Transfers and Assignments . . . . . . . . . . . . . . . . . . . . . . . 13 23 Cooperation in the Event of Legal Challenge . . . . . . . . . . . 14 24 Authority to Execute . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 25 Recordation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 26 Protection of Mortgagees . . . . . . . . . . . . . . . . . . . . . . . . . 14 27 Severability of Terms . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 28 Section Headings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 29 Incorporation of Recitals and Exhibits . . . . . . . . . . . . . . . . 15 30 Rules of Construction and Miscellaneous Terms . . . . . . . . . 16 31 Effect on Title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 EXHIBIT "A-1" LEGAL DESCRIPTION OF PROPERTY (PARCEL MAPS ATTACHED) "A-2" LEGAL DESCRIPTION OF LANDFILL (PARCEL MAPS ATTACHED) "B" LAND USE PLAN AND DESIGN GUIDELINES FOR DEVELOPMENT OF THE PROPERTY "C" MITIGATION MONITORING AND REPORTING PROGRAM 5693\T:\Ciry.Dev\ERW\ar ii o DEVELOPMENT AGREEMENT (Pursuant to Development Code Chapter 19.40) This DEVELOPMENT AGREEMENT ("Agreement") is entered into on 1993, between RANCON REALTY FUND IV, a California limited partnership, and RANCON REALTY FUND V, a California limited partnership (collectively "Developer"), and the CITY OF SAN BERNARDINO, a municipal corporation organized and existing under the laws of the State of California ("City"). Developer and City are sometimes collectively referred to herein as the "parties." RECITALS This Agreement is predicated upon the following facts: A. These Recitals refer to and utilize certain capitalized terms which are defined in this Agreement. The parties intend to refer to those definitions in conjunction with the use thereof in these Recitals. B. Title 19 of the Municipal Code of the City of San Bernardino (the "Development Code") authorizes City to enter into binding development agreements with persons having a legal or equitable interest in real property for the development of such property, all for the purpose of strengthening the public planning process, encouraging private participation and comprehensive planning and reducing the economic costs of such development. C. This Agreement is adopted pursuant to the Development Code Chapter 19.40. D. Developer is the fee owner and developer of approximately One Hundred Fifty Three (153) acres of land as described on Exhibit "A-1" (the "Property"), which is located in City and within the Tri-City Redevelopment Project Area. The Property lies within the boundaries of a multi-phased master planned mixed use business park (commonly known as 'Tri-City Corporate Centre" and hereinafter referred to as 'Tri-City"), which has been developed by Developer since 1985. E. Of the 56 commercial buildings proposed for development within Tri-City (the ..Project"), 19 buildings, with over 904,000 square feet of floor space, have been completed or were under construction as of April 2, 1993. An additional 36 buildings with over 2.11 million gross square feet of floor space are proposed by Developer for completion on the Property between 1993 and 2018. The construction of these additional buildings will require major investment in public facilities and substantial front end investment in on-site and off-site improvements in order to make the Project feasible. 5-6-93\T:\Gry.Dev\ERw\er 1 O F. The Land Use Plan of City's General Plan designates Tri-City as Commercial Regional (CR-3). Developer and City desire to provide through this Development Agreement development criteria and parameters of allowable development applicable to the Property which will provide for maximum, efficient utilization of the Property in accordance with sound planning principles. The City and the Developer have determined that additional information on the relationship of each building to the overall Project is needed. They also determined that more detail on Project phasing and design standards was needed. To accomplish this, the City and the Developer are proposing to enter into a formal Development Agreement (#92-01) which will include this Agreement. Implementation of this Project also will include a Development Code Amendment (#92-13) which establishes an overlay district for this site and incorporates the land uses and design standards provided in this Plan. A Conditional Use Permit (CUP #92-33) which covers structures over four stories in height which is required by the City's General Plan will also be adopted. G. Developer has requested City to consider entering into a development agreement relating to the Project and proceedings have been taken in accordance with City's rules and regulations relating to development agreements. H. The City Council has found that this Agreement: (a) is consistent with the objectives, policies, general land uses and programs specified in the City's General Plan; (b) is compatible with the uses authorized in, and the regulations prescribed for, the Commercial Regional (CR-3) land use designation; (c) is in conformity with and will promote public convenience, general welfare and good land use practice; (d) will not be detrimental to the public health, safety and general welfare; (e) will not adversely affect the orderly development of property or the preservation of property values; and (f) will promote and encourage the development of the Project by providing a greater degree of requisite certainty. I. On 199_, the City Council of City adopted a resolution, approving this Agreement with Developer. J. City has found and determined that the execution of this Agreement is in the best interest of the public health, safety and general welfare of City and its residents and that adopting this Agreement constitutes a present exercise of its police power. 5693\T:\City,Dev\ERW\ar 2 o v The parties agree as follows: 1. Definitions. 1.1 "Agreement" is this Development Agreement. 1.2 "Agreement Date" is the effective date of the City's resolution approving this Agreement. 1.3 "City" is the City of San Bernardino, California. 1.4 "Design Guidelines" are those design guidelines set forth in the Land Use Plan. 1.5 "Developer" is collectively Rancon Realty Fund IV, a California limited partnership, and Rancon Realty Fund V, a California limited partnership, and their respective successors in interest to all or any part of the Property. 1.6 "Development Plan" is the plan for the development of the Project described within this Agreement and all attachments (Exhibits) and more specifically as defined in the Tri-City Corporate Centre Land Use Plan and Design Guidelines. 1.7 "Effective Date" is that date which is the later to occur of: (a) the time for filing a referendum petition relating to this Agreement expires if no such petition is filed within such period; or (b) the results of a referendum election are declared approving this Agreement if a referendum petition is filed within the applicable period. 1.8 "Hazardous Materials" means any substance the presence of which requires investigation or remediation under any federal, state or local statute, regulation, ordinance, order, action, policy or common law; or which is or becomes defined as a "hazardous waste", "hazardous substance", pollutant or contaminant under any federal, state or local statute, regulation, rule or ordinance or amendment thereto including without limitation, the Comprehensive Environmental Response, Compensation and Liability Act (42 U.S.C. section 9601 et seq.); and/or the Resource Conservation and Recovery Act (42 U.S.C. section 6901 et seq.); or which is toxic, explosive, corrosive, flammable, infectious, radioactive, carcinogenic, mutagenic, or otherwise hazardous and is or becomes regulated by any governmental authority, agency, department, commission, board, agency or instrumentality of the United States, the State of California or any political subdivision thereof; or the presence of which on the Property causes or threatens to cause a nuisance upon the Property or to adjacent properties or poses or threatens to pose a hazard to the health or safety of persons on or about the Property; or the presence of which on adjacent properties could constitute a trespass, without limitation which contains gasoline, diesel fuel or other petroleum hydrocarbons or without limitation which contains polychlorinated biphenyls (PCB's), asbestos or urea formaldehyde foam insulation or without limitation radon gas. 5-&93\T:\aTy.Dav\ERw\,r 3 © 0 1.9 "Landfill' is that area of real property described in Exhibit "A-2" and commonly known as the Park Center Landfill. 1.10 "Land Use Plan" is the Tri-City Corporate Centre Land Use Plan and Design Guidelines, attached hereto as Exhibit "B" and incorporated herein by this reference. 1.11 'Project' includes the existing development on the Property and the proposed development on the Property of an additional 36 buildings encompassing 2.11 million square feet of building area and associated amenities. The additional buildings will range in height from 1-story to 20-stories in general accordance with the Land Use Plan. 1.12 'Property" is the real property on which the Project will be located as described on Exhibit "A-1". 2. Exhibits. The following documents are referred to in this Agreement, attached hereto and incorporated herein by this reference: Exhibit Designation Description A-1 Legal Description of the Property (Parcel Maps attached) A-2 Legal Description of Landfill (Parcel Maps attached) B Land Use Plan and Design Guidelines for Development of the Property C Mitigation Monitoring and Reporting Program 3. Mutual Benefits. This Agreement is entered into for the purpose of carrying out the Development Plan for the Project in a manner that will insure certain anticipated benefits to both City (including, without limitation, residents of City) and Developer as set forth in this section. City and Developer agree that certain assurances on the part of each party as to the Project will be necessary to achieve those desired benefits. 3.1 Benefits to Citv. The benefits to City (including, without limitation, the residents of City) under this Agreement include, but are not limited to: (a) improvements to roadways, parkways and sidewalks; (b) an increase in property tax revenues and sales tax revenues to be derived by the City; (c) the creation of jobs within the City; and (d) the closure, in accordance with applicable regulations, of that portion of the Property consisting of approximately 19 acres, which overlies a landfill formerly operated by the City and commonly known as the Park Centre Landfill. 3.1.1 Reservation of Land for Public Purposes The Developer acknowledges the potential need for Right-of-Way to be dedicated to the City, for the proposed North/South 5693\T:\City.Dev\ERW\ar 4 o r Corridor. This new roadway, a part of the City General Plan circulation element, if required, would run from Tri-City Corporate Centre north across the Santa Ana River towards Mill Street. The Developer agrees to avoid any development of the required Right-of-Way until such time as its necessity can be determined. 3.2 Benefits to Developer. Developer has expended and will continue to expend substantial amounts of time and money on the planning and infrastructure construction of the Project. In addition, Developer will expend substantial amounts of time and money in constructing public improvements and facilities and in providing for public services in connection with the Project. Developer would not make such additional expenditures without this Agreement and such additional expenditures will be made in reliance upon this Agreement. The benefit to Developer under this Agreement consists of the assurance that Developer will preserve the right to develop the Property as planned and as set forth in the Development Plan. 4. Interest of Developer. Developer represents that Developer is the fee owner of substantially all of the Property. 5. Binding Effect of Agreement. The burdens of this Agreement bind and the benefits of this Agreement inure to the successors in interest of the parties thereto. 6. Project as a Private Undertaking. It is specifically understood and agreed by and between the parties hereto that the development of the Project is a private development, that neither party is acting as the agent of the other in any respect hereunder, and that each party is an independent contracting entity with respect to the terms, covenants and conditions contained in this Agreement. No partnership,joint venture or other association of any kind is formed by this Agreement. The only relationship between City and Developer is that of a government entity regulating the development of private property by the owner of such property. 7. Land Uses. Permitted land uses shall be those allowed in the Land Use Plan. The Land Use Plan allows an "Alternate" Land Use for the Landfill in the event the market demand does not indicate a need for buildings. This "Alternate Land Use" would allow Developer to transfer the affected building area to other areas within the Project as described in the Land Use Plan. In no event would the height of any buildings or the number of buildings increase as a result of this alternate land use. Notwithstanding the references in this Agreement to the Landfill, no provision in this Agreement is intended to, nor shall be deemed to, affect or modify the previously existing legal rights or obligations of the parties hereto, if any, with respect to the presence, if any, of any "Hazardous Materials" upon, about or beneath the Landfill or migrating to or from the Landfill. 8. Term. The term of this Agreement shall commence upon the Effective Date and shall continue until all permits and approvals required to complete the development of the 5-693\T:\Gty.Dev\ERW\ar 5 o Project as contemplated by the Development Plan have been issued; provided however, that, in no event shall such term extend beyond June 15, 2018. 9. Changes in Project. Except as otherwise provided in 12.4 hereafter, Developer shall not be entitled to any change, modification, revision or alteration in the Development Plan relating to the permitted uses of the Property, intensity of use, the maximum height and size of proposed buildings or the provision, if any, for reservation or dedication of land for public purposes without review and approval by the City. Subject to the foregoing provisions of this Section 9, City acknowledges that Developer may seek new entitlements to use and amendments to entitlements to use in connection with the development of the Project. The approval of any such amendments or new entitlements to use shall be in the sole discretion of City in the manner described in 12.4. 10. Hold Harmless. 10.1 Developer will defend, indemnify and hold the City and its elected officials, officers and employees free and harmless from any loss, cost or liability which result from any legal challenge to the City's actions in approving or implementing this Agreement. 10.2 Included in the scope of the foregoing indemnification will be all damages and claims for damages which are suffered or alleged to have been suffered by reason of the matters which are the subject to the applicable indemnification and all of the associated legal fees and court costs (but not internal costs). Without limiting the effect of the foregoing, the Developer will have the right to defend against any claim with respect to which it is indemnifying the City, using legal counsel of its choice. The City will cooperate with the Developer and will give the Developer its full support in connection with any claim with respect to which the Developer is indemnifying the City and the City will not settle any such claim without the Developer's consent. 11. Vested Right. By entering into this Agreement and relying thereon, Developer is obtaining a vested right to proceed with the Project in accordance with the Development Plan and the City is securing certain public benefits which help to alleviate current or potential problems in City and enhance the public health, safety and welfare. City therefore agrees to the following: 11.1 No Conflicting Enactments. No ordinance, policy, rule, regulation or other measure enacted by the City Council or City or any other agency of City which relates to the rate, timing or sequencing of the development or construction of all or any part of the Project or which is otherwise in conflict with the Project as described in this Agreement shall be applicable to the Project during the term of this Agreement. 11.2 Intent of Parties. Subject to the provisions of Section 15.3, below, in addition to and not in limitation of the foregoing, it is the intent of Developer and City that no moratorium or other limitation (whether relating to the rate, timing or sequencing of the 5fr93\T:\0ry.Dev\ERW\ar 6 ® ti development or construction of all or any part of the Project and whether or not enacted by initiative or otherwise) affecting subdivision maps, building permits, occupancy certificates or other entitlements to use approved, issued or granted within City, or portions of City, shall apply to the Project to the extent such moratorium or other limitation is in conflict with this Agreement. The foregoing shall not be deemed to limit the Developer's right to appeal any determination of such ordinance, general plan or zoning amendment, measure, policy, rule, regulation, moratorium or other limitation which purports to invalidate or prevail over all or any part of this Agreement. City agrees to cooperate with Developer in all reasonable manners in order to keep this Agreement in full force and effect. 12. General Development of the Project. 12.1 Pro'e . While this Agreement is in effect, Developer shall have a vested right to develop the Project in accordance with the terms and conditions of this Agreement, and City shall have the right to control the development of the Project in accordance with the terms and conditions of this Agreement. Except as otherwise specified in this Agreement, the Development Plan shall control the overall design, development and construction of the Project. The permitted uses of the Property, the density and intensity of use, the maximum height and size of proposed buildings, the provision for reservation and dedication of land for public purposes and other terms and conditions of development applicable to the Property shall be those set forth in the Development Plan. 12.2 Phasing and Timing of Development. The parties acknowledge that although Developer currently anticipates that the Project will be phased and constructed in increments over an approximately twenty five (25) year time frame, at the present time Developer cannot predict when or the order in which Project phases will be developed. Such decisions depend upon numerous factors which are not within the control of Developer, such as market orientation and demand, interest rates, competition and other similar factors. To the extent permitted by the Development Plan and this Agreement, Developer shall, during the term of this Agreement, have the right to develop the Project in phases in such order and at such times as Developer deems appropriate within the exercise of its subjective business judgment so long as the Project is constructed as an integrated master planned development as contemplated by the Development Plan. City agrees that Developer shall be entitled to apply for and receive tentative maps, vesting tentative maps, building permits, occupancy certificates and other entitlements to use at any time, in as expeditious a manner as possible provided that such application is made in accordance with the Development Plan. 12.3 Effect of Agreement on Land Use Regulations. The rules, regulations and official policies governing permitted uses of the Property, the intensity of use of the Property, the maximum height and size of proposed buildings and the design, improvement and construction standards and specifications applicable to development of the Property are those rules, regulations and official policies in effect as of the 5693\T:\Ciry.De \ERw\ar 7 0 0 Agreement Date except as provided in Sections 13.1 and 15.1. In connection with any approval which City is permitted or has the right to make under this Agreement relating to the Project, or otherwise under its rules, regulations and official policies, City shall exercise its discretion to take action in a manner which is as expeditious as possible and which complies and is consistent with the Development Plan and the standards, terms and conditions contained in this Agreement, and in a manner which will not interfere with the development of the Project for the uses and to the height, density and intensity specified in this Agreement or with the rate of development selected by Developer. City shall accept for processing and timely review and act on all applications for further land use entitlement approvals with respect to the Project called for or required under this Agreement in as expeditious a manner as is possible. Such application shall be processed in the normal manner for processing such matters. 12.4 Changes and Amendments. The parties acknowledge that refinements and further development of the Project may demonstrate that changes are appropriate with respect to the details and performance of the parties under this Agreement. The parties desire to retain a certain degree of flexibility with respect to the details of the Project development and with respect to those items covered in general terms under this Agreement. If and when the parties find that changes or adjustments are necessary or appropriate, they shall, unless otherwise required by law, effectuate such changes or adjustments as follows: 12.4.1 Planning and Building Services Department Director Authority, subject to appeal permitted by the Municipal Code shall apply to the following requests for change or modification: (a) Approval of minor site plan revisions; (b) Changes in building phasing; (c) Approval of shared parking analysis; (d) Building elevations; (e) Annual review and approval of the Mitigation Monitoring and Reporting Program; (f) Downward change in size of individual buildings (i.e., less height or size than indicated in the Land Use Plan); and (g) Minor revisions to Design Guidelines. 5593\T:\City.D9v\ERW\ar 8 o 12.4.2 Planning Commission Authority, subject to appeal permitted by the Municipal Code shall apply to the following requests for change or modification: (a) Change in total number of proposed buildings; (b) Approval of major site plan revisions; (c) Major revisions to Design Guidelines; (d) Minor revisions to Land Use Plan when uses could be considered accessory to already approved uses; and (e) Increase/decrease in number of lots. 12.4.3 City Council Authority shall apply to the following requests for change or modification: (a) Alteration of the permitted uses of the Property; (b) Increase in the intensity of use or the number of lots; other than that described in "Alternate Land Use" for Landfill; (c) Increase in the maximum height and size in permitted buildings; and (d) Deletion of a requirement for the reservation or dedication of land for public purposes except for minor boundary adjustments approved by the City Planning and Building Services Department. 12.5 Mello-Roos Community Facilities District: Other Assessment District or Financing Mechanisms. Pursuant to Chapter 2.5 (commencing with Section 53312) Part I, Division 2, Title 5 of the Government Code, commonly known as the "Mello-Roos Community Facility Act of 1982", Developer may, at its sole election, petition the City Council of City to establish a community facilities district including the Property for the purpose of acquiring, constructing and financing through the sale of bonds the acquisition and construction of certain public facilities which are necessary to meet increased demands placed on City as a result of the development of Developer's Property. Alternatively, or in addition thereto, Developer may request that City initiate and complete proceedings under the Municipal Improvement Act of 1911, the Municipal Improvement Act of 1913, the Improvement Bond Act of 1915, the Landscaping and Lighting Act of 1972, or any and all other available financing mechanisms to provide public conduit financing for the construction of public improvements on the Property. If so requested by Developer, City shall cooperate with Developer and use its best efforts in taking all steps necessary to cause the community facilities district or other entity to issue bonds for such purposes. 5ta93\T:\Ciy.Dev\ERw\ar 9 0 0 12.6 Consistency Between This Agreement and Current Laws. City represents that there are no rules, regulations, ordinances or official policies of City enforced as of the date of execution of this Agreement that would interfere with the completion or use of the Project according to the Development Plan. 12.7 Assessments and Fees. City shall not, without the prior written consent of Developer, impose any assessment or fee applicable only and exclusively to this development. All other fees or assessments payable to City shall be at rates applicable on the date the fee is due and payable. City shall have no liability to Developer arising out of the imposition of assessments or fees applicable to the development of the Project by some other governmental agency. 12.8 Subsequent Actions. City shall timely process, in as expeditious a manner as possible for processing such matters, any necessary entitlements to use, including parcel maps, vesting tentative tract maps, tentative tract maps, conditional use permits, or other discretionary approvals or entitlements to use contemplated by the Development Plan, and any grading, construction or other permits filed by Developer in accordance with the substantive development standards set forth in the Development Plan. 13. Rules. Regulations and Official Policies. 13.1 New Rules. This Agreement shall not prevent City from applying new rules, regulations and policies relating to uniform Codes such as the Uniform Building Code, Uniform Electrical Code, Uniform Mechanical Code or Uniform Fire Code, which: (a) relate to public safety; (b) are based on recommendations of a multi-state professional organization; and (c) become applicable throughout City. 13.2 New Laws. In the event that state or federal laws or regulations, enacted after this Agreement is executed, prevent or preclude compliance with one or more of the provisions of this Agreement, such provisions of this Agreement shall be modified or suspended as may be necessary to comply with such state or federal laws or regulations; provided, however, that this Agreement shall remain in full force and effect to the extent it is not inconsistent with such laws or regulations and to the extent such laws or regulations do not render such remaining provisions impractical to enforce. 13.3 Subsequent Actions and Approvals. In accordance with Government Code Section 65866, this Agreement shall not prevent City in subsequent actions applicable to the Property from applying new rules, regulations and policies which do not conflict with those existing rules, regulations and policies set forth in the Development Plan, nor shall this Agreement prevent City from denying or conditionally approving any subsequent development project application on the basis of such existing or new rules, regulations or policies. 5&93\T:\Qty.Dev\ERW\ar 10 0 0 14. Amendment or Cancellation of Agreement. This Agreement maybe amended or canceled in whole or in part only by mutual consent of the parties in the manner provided for in Government Code Section 65868. 15. Enforcement. Unless amended or canceled as provided in Section 14, or modified or suspended pursuant to Government Code Section 65869.5, and except as otherwise provided in Government Code Section 65865.3(b), this Agreement is enforceable by either parry hereto notwithstanding any change in any applicable general or specific plan, zoning, subdivision or building regulation or other applicable law or regulation adopted by City (or by the voters of City unless found by a court of competent and final jurisdiction to prevail over this Agreement) which alters or amends the Development Plan or the timing of any development. 15.1 Police Power/Public Necessity. In all cases, the language in this Agreement will be construed simply, according to its fair meaning and not strictly for or against either party, it being agreed that the parties or their agents have participated in the preparation of this Agreement. Without limiting the effect of the foregoing, the parties acknowledge and agree that the City is restricted in its authority to limit its police power by contract and that the limitations in this Agreement are intended to reserve to the City all of its police powers, which cannot be so limited. This Agreement will be construed, contrary to its stated terms H necessary, to reserve to the City all police power which cannot be restricted by contract including, without limitation, the power to respond to compelling public necessity where a failure to do so would place residents of the City in a condition dangerous to their health or safety or both. To that end, the City may condition or deny any permit, approval, extension or entitlement sought pursuant to this Agreement by Developer, if the City determines either that (i) a failure to do so would place residents of the City in a condition dangerous to their health or safety, or both, or (ii) the condition or denial is required in order to comply with state or federal law. 16. Periodic Review of Comoliance With Agreement. 16.1 Periodic Review. City and Developer shall periodically review this Agreement during the term hereof every year from the date this Agreement is executed. City shall notify Developer in writing of the date for review at least forty five (45) days prior thereto. The Developer shall submit an application to the City for review of this agreement at least thirty (30) days prior to the anniversary of the agreement. 16.2 Good Faith Compliance. During each periodic review, the Developer is required to demonstrate good faith compliance with the terms of this Agreement. The Developer agrees to furnish such reasonable evidence of good faith compliance in the exercise of reasonable discretion as may be required. 5-693\T:\Gry.Dev\ERW\ar 11 0 0 17. Events of Default. 17.1 Default by Developer. If City determines on the basis of substantial evidence that Developer has not complied in good faith with the terms and conditions of this Agreement, City shall, by written notice to Developer, specify the manner in which Developer has failed to so comply and state the steps Developer must take to bring itself into compliance. If, within ninety (90) days after the effective date of notice from City specifying the manner in which Developer has failed to so comply, Developer does not commence all steps reasonably necessary to bring itself into compliance as required and thereafter diligently pursue such steps to completion, then Developer shall be deemed to be in default under the terms of this Agreement and City may terminate this Agreement. 17.2 Default by City. If Developer determines on the basis of substantial evidence that City has not complied in good faith with the terms and conditions of this Agreement, Developer shall, by written notice to City, specify the manner in which City has failed to so comply and state the steps City must take to bring itself into compliance. If, within ninety (90) days after the effective date of notice from Developer specifying the manner in which City has failed to so comply, City does not commence all steps reasonably necessary to bring itself into compliance as required and thereafter diligently pursue such steps to completion, then City shall be deemed to be in default under the terms of this Agreement and Developer may terminate this Agreement or seek specific performance as set forth in Section 17.3. 17.3 Specific Performance Remedy. In the event of a default by City under Section 17.2 above, the parties agree that any remedy at law that Developer may have would be inadequate and that the Developer will pursue only the available equitable remedies including, without limitation, the remedies of temporary and permanent injunction and specific performance and excluding specifically any compensation in damages. In any such action, the Developer will not be required to prove the inadequacy of remedies at law, as a condition of pursuing its equitable remedies. 18. Institution of Legal Action Any action by either party to this Agreement shall be brought in the Superior Court for San Bernardino County, California. 19. Waivers and Delays. 19.1 Waiver. Failure by a party to insist upon the strict performance of any of the provisions of this Agreement by the other parry, and failure by a parry to exercise its rights upon a default by the other parry hereto, shall not constitute a waiver of such party's right to demand strict compliance by such other party in the future. 5{&93\T:\Ctty.Dev\ERW\ar 12 o 19.2 Third Parties. Nonperformance shall not be excused because of a failure of a third person except as provided in Section 19.3 below. 19.3 Force Majeure. Neither party shall be deemed to be in default or failure or delay in performance of any of its obligations under this Agreement if caused by floods, earthquakes, other Acts of God, fires, wars, riots or similar hostilities, strikes, other labor difficulties, government regulations or other causes beyond either of the parties' control. If any such event shall occur, the term of this Agreement and the time for performance by Developer of any of its obligations hereunder or pursuant to the Development Plan shall be extended by the period of time that such events prevent a construction of the Project. 20. Notices. All notices required or provided for under this Agreement shall be in writing and delivered in person or deposited in the United States mail, postage prepaid and addressed as follows: TO CITY: City of San Bernardino 300 North "D" Street San Bernardino, CA 92418 Attn: Director of Planning and Building Services TO DEVELOPER: Rancon Realty Fund IV and Rancon Realty Fund V 27720 Jefferson Avenue Temecula, CA 92590 Attn: General Counsel Either party may change the address stated herein by giving notice, in writing, to the other party and thereafter notices shall be addressed and submitted to the new address. 21. Attorney's Fees. If legal action is brought by either party against the other for breach of this Agreement, or to compel performance under this Agreement, the prevailing party shall be entitled to an award of reasonable attorneys' fees and costs which may include, without limitation, fees of City's City Attorney. 22. Transfers and Assignments. 22.1 Right to Assign. Developer shall have the right to sell, assign or transfer this Agreement, and any and all of its rights, duties and obligations hereunder, to any person or entity at any time during the term of this Agreement, provided, however, in no event shall the rights, duties and obligations conferred upon Developer pursuant to this Agreement be at any time so transferred or assigned except through a transfer of an interest of Developer in the Property, or portion thereof, so transferred. In the event of any such assignment, either the transferee or Developer shall be liable for the performance 5v93\T:\0y.oev\ERw\er 13 o of all obligations of Developer. Such transferee or Developer shall notify City in writing of the transfer of such obligations within thirty (30) days of the effective date of the transfer. 22.2 Release Uoon Transfer. Upon the sale, transfer or assignment of Developer's rights and interest under this Agreement as permitted pursuant to Section 22.1, Developer shall be released from its obligations under this Agreement and all of owner's obligations pursuant to the Development Plan, or other agreements assumed by transferee with respect to the Property, or portion thereof, so transferred provided that: (a) Developer is not then in default under the Agreement; (b) Developer or transferee has provided City notice of such transfer; and (c) the transferee executes and delivers to City a written agreement in which: (i) the name and address of the transferee is set forth; and (ii) the transferee expressly and unconditionally assumes all of the obligations of Developer under this Agreement with respect to the Property, or a portion thereof, so transferred. 23. Cooperation in the Event of Legal Challenge. In the event of any litigation challenging the effectiveness of this Agreement, or any portion hereof, this Agreement shall remain in full force and effect while such litigation, including any appellate review, is pending, unless otherwise ordered by a Court of Law. 24. Authority to Execute. The person or persons executing this Agreement on behalf of Developer warrant and represent that they have the authority to execute this Agreement on behalf of their corporation, partnership or business entity and warrant and represent that they have the authority to bind Developer to the performance of its obligations hereunder. 25. Recordation. This Agreement and any amendment or cancellation hereto shall be recorded in the Office of Official Records of the County of San Bernardino, by the City Clerk within the period required by Section 65868.5 of the Government Code. 26. Protection of Mortgacees. Developer and City agree that this Agreement shall not prevent or limit Developer, in any manner, at Developer's sole discretion, from encumbering the Property or any portion thereof or any improvement thereon by any mortgage, deed of trust or other security device securing financing with respect to the Property. City acknowledges that the lenders providing such financing ("Mortgagees") may require certain Agreement interpretations and modifications and agrees upon request, from time to time, to meet with Developer and representatives of such Mortgagees to negotiate in good faith any such request for interpretation or modification. City will not unreasonably withhold its consent to any such requested interpretation or modification provided such interpretation or modification is consistent with the intent and purposes of this Agreement. Any Mortgagee of all or any portion of the Property shall be entitled to the following rights and privileges: 5-&93\T:\Gty.Dev\ERW\ar 14 o n (a) 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 made in good faith and for value, unless otherwise required by law. (b) Any Mortgagee of a mortgage or deed of trust encumbering all or any portion of the Property which has submitted a request in writing to the City in the manner specified herein for giving notices shall be entitled to receive written notification from City of any default by Developer in the performance of Developer's obligations under this Agreement. (c) If City timely receives a request from a Mortgagee requesting a copy of any notice of default given to Developer under the terms of this Agreement, City shall provide a copy of that notice to the Mortgagee within ten (10) days of sending the notice of default to Developer. The Mortgagee shall have the right, but not the obligation, to cure the default during the remaining cure period allowed such parry under this Agreement. (d) 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. Notwithstanding any other provision of this Agreement to the contrary, no Mortgagee shall have an obligation or duty under this Agreement to perform any of Developer's obligations or other affirmative covenants of Developer hereunder, or to guarantee such performance provided, however, that to the extent that any covenant to be performed by Developer is a condition precedent to the performance of a covenant by City, the performance hereof shall continue to be a condition precedent to City's performance hereunder, and further provided that any sale, transfer or assignment by any Mortgagee in possession shall be subject to the provisions of Section 22 of this Agreement. 27. Severability of Terms. If any term, provision, covenant or condition of this Agreement shall be determined invalid, void or unenforceable, the remainder of this Agreement shall not be affected thereby to the extent such remaining provisions are not rendered impractical to enforce. 28. Section Headinas. All section headings and subheadings are inserted for convenience only and shall not affect any construction or interpretation of this Agreement. 29. Incorporation of Recitals and Exhibits. Incorporation of Recitals and Exhibits. Recitals A through J and attached Exhibits "A-1," "A-2," "B" and "C" are hereby incorporated herein by this reference as though fully set forth. 5&93\T:\Gty.D8v\ERW\ar 15 30. Rules of Construction and Miscellaneous Terms. 30.1 Gender. The singular includes the plural; the masculine gender includes the feminine; "shall' is mandatory, "may" is permissive. 30.2 Time of Essence. Time is of the essence regarding each provision of this Agreement in which time is an element. 30.3 Cooperation. Each party covenants to take such reasonable actions and execute all documents that may be necessary to achieve the purposes and objectives of this Agreement. 31. Effect on Title. Developer and City agree that this Agreement shall not create an encumbrance on any portion of the Property which is sold to an ultimate user of all or any portion of the Property. 5{x93\T:\Gty.Dev\ERW\ar 16 The parties have executed this Development Agreement on the date and year first written above. RANCON REALTY FUND IV, a California limited partnership By: Rancon Financial Corporation, a California corporation, its general partner By: Robert H.S. Kirkpatrick, President RANCON REALTY FUND V, a California limited partnership By: Rancon Financial Corporation, a California corporation, its general partner By: Robert H.S. Kirkpatrick, President "Developer" CITY OF SAN BERNARDINO, a Municipal Corporation By: Its: Mayor "City.. Signed and Certified that a copy of this document has been delivered to the Mayor of the City By: City Clerk Approved as to form and legal content: By: L, Attorney 5-6-93\T:\Ciry.De \ERW\ar 1 o STATE OF CALIFORNIA ) : ss. COUNTY OF ) On this _ day of 1993, before me, a Notary Public in and for said County and State, personally appeared Robert H.S. Kirkpatrick, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Notary Public in and for said County and State STATE OF CALIFORNIA ) : ss. COUNTY OF ) On this _ day of 1993, before me, a Notary Public in and for said County and State, personally appeared Robert H.S. Kirkpatrick, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Notary Public in and for said County and State 5693\T:\C1ty.Dev\ERW\ar 18 © O STATE OF CALIFORNIA ) : ss. COUNTY OF SAN BERNARDINO ) On this day of 1993, before me, a Notary Public in and for said County and State, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed this instrument as Mayor of the City of San Bernardino and acknowledged to me that the City of San Bernardino executed it. WITNESS my hand and official seal. Notary Public in and for said County and State 5{&93\T:\Gty.Dev\ERMW 19 O EXHIBIT "A-1" LEGAL DESCRIPTION OF PROPERTY All that certain real property located in the City of San Bernardino, County of San Bernardino, State of California, described as follows: 5-6-93\T:\c ey.D.v\ERw\er A-1.1 © O E X H I B I T L E G A L D E S C R I P T I O N Lots 8 through 14 , and Lots 27 through 34 , of Tract No . 12034 , per Book 168 of Maps , Pages 75-87 , Records of San Bernardino County . Contains 179 .801 acres , more or less . JOHN a << Onw;ON o a 354 yp Exp.6-30.96 9rFCf CAU`�� 0 0 0 0 EXHIBIT "A-2" LEGAL DESCRIPTION OF LANDFILL 5693\T:\City.Dsv\ERW\ar A-2-1 0 0 E X H I B I T "A - 2 " L E G A L D E S C R I P T I O N Being a portion of Lots 31 through 34 , of Tract No . 12034 , per Book 168 of Maps , Pages 75-87 , Records of San Bernardino county , described as follows; Beginning at the southwest corner of said Lot 31 ; thence northerly along said Tract boundary the following courses , North 00 O1 ' 02" East , a distance of 606 .58 feet to the point of curvature of a non-tangent curve , concave to the northwest , having a radius of 3013 .76 feet , a central angle of 12° 31 ' 58" , from which the radius of said curve bears North 22° 06 ' 58" West; thence northeasterly along said curve , a distance of 659 .22 feet ; thence South 890 44 ' 02" East , a distance of 352 .90 feet; thence North 15° 38 ' 34" East , a distance of 412 .81 feet to the point of curvature of a non-tangent curve , concave to the northwest , having a radius of 3013 .76 feet , a central angle of 20 20 ' 38" , from which the radius of said curve bears North 460 16 ' 02" West ; thence northeasterly along said curve , a distance of 123 .28 feet; thence North 410 23 ' 20" East , a distance of 659 .31 feet; thence South 65° 07 ' 40" East , a distance of 27 .83 feet to the point of curvature of a non-tangent curve , concave to the northeast , having a radius of 3000 .69 feet , a central angle of 30 45 ' 40" , from which the radius of said curve bears North 260 26 ' 25" East; thence southeasterly along said curve , a distance of 196 .98 feet; thence South 00 01 ' 01 " East , a distance of 155 .00 feet; thence leaving said jTract boundary , North 650 00 ' 00" West , a distance of 289 .11 feet; thence South 00 01 ' 01 " East , a distance of 341 .54 feet; thence South ! 20° 00 ' 00" West , a distance of 550 .00 feet ; thence North 890 44 ' 02" West , a distance of 335 .00 feet; thence South 00 O1 ' 02" West , a j distance of 964 .95 feet; thence North 89° 44 ' 11 " West , a distance of j 981 .63 feet; thence North 00 O1 ' 02" East , a distance of 42 .99 feet to the POINT OF BEGINNING . i Excepting those portions southerly of the northerly right-of-way of Vanderbilt Way and Carnegie Drive . J� Contains 23 .968 acres , more or less . �StuOLANJ ➢, qtr JOHN R. FL DAW i 11 6 EML 630-96 Q 9TFOF CAU`�Q� i ® O 005 MALL r. 3M aorw amrA Avax AWIM AMC rMlmVr c 1 12-31'51• MI&M' Oo.1Y 330.3u' c 2 0170.3x• 3013.71' /D.a' el.f6' (. c 3 41.15.10- 3000.Y' li.l• 99.52' X `� LINE IEARIM O/S7AN(f L / 5 58.07.40•[ 27.p• °+ L 2 S 00.01'012 /58.00' L 3 N 00.01'022 40.31' I1 3A �p LANp gG �Q. 0,0 o. 3 Eq. 1.30.01 _ L 2 �OF CAL\ 951.11.02'[ N 51.11.0? V 1 go 33 / y 0Q` 32 $ i 1 ORIVE P. O.B. /•' .M—I I.Y Ml.p' V*VERB IL r WAY / G E X H I B / T 'A - 2" PL A T ( L A NB F I L L S I T E) 0 0 EXHIBIT "B" LAND USE PLAN AND DESIGN GUIDELINES FOR DEVELOPMENT OF THE PROPERTY 5693\T:\Gry.Dev\ERW\ar B_1 0 0 EXHIBIT "C MITIGATION MONITORING AND REPORTING PROGRAM 5-6-93\T:\City.Dev\ERW\ar C-1 EXHIBIT I CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES DEPARTMENT AGENDA ITEM #5 SUMMARY HEARINGDATE April 20 , 1993 WARDS 1 and 3 Development Code Amendment APPLICANT: MacDonald Properties , Inc No . 92-13 , Conditional Use 20301 S .W. Birch , Ste . 10 W - Santa Ana Heights , CA. 9270 V1 Permit No . 92-33 and Develop- U went Agreement No . 92-01 OWNER: Rancon Realty Funds IV & 27720 Jefferson Avenue Temecula , California 92390 The applicant requests approval of a Development Code Amendment to establish the TriCity Corporate Centre Land Use Plan and De- sign Guidelines as an overlay district (Development Code Chapter W19 . 11) . The applicant requests approval of a conditional use permit to construct 8 buildings on the TriCity Corporate Centre (+f site proposed to exceed 4 stories in height . The applicant also W requests approval of a Development Agreement which would establish the terms for future development on the site and pro- Q vide the developer with a vested right to develop using the W TriCity Corporate Centre Land Use Plan and Design Guidelines . 2 Q EXISTING GENERAL PLAN PROPERTY LAND USE ZONING DESIGNATION Subject Vacant land & Commercial CR-3 Comm.Regional-TriCity/Club Office uses North Vacant land , Santa Ana PFC & Pub .Flood Cntrl/& Ind . Heavy River Wash IH South Santa Fe Railroad eastment and industrial uses East Vac nt la d , Com retail CR-3 Comm.Regional-TriCity/Club an a ngne family uses West Omm. r tai [secs anta C - C m i n l-T i i C1 b an S . B . Muni . Ge ion GEOLOGIC/SEISMIC ❑ YES FLOOD HAZARD ❑ VES ❑ ZONE A SEWERS: © YES HAZARD ZONE: ] NO ZONE: ? NO ❑ ZONE B ❑ NO HIGH FIRE ID VES AIRPORT NOISE/ ❑ YES REDEVELOPMENT IR YES HAZARD ZONE: © NO CRASH ZONE: (� NO TriCity ❑ NO Q ❑ NOT POTENTIAL SIGNIFICANT Z APPROVAL APPLICABLE EFFECTS WITH 0 H MITIGATING MEASURES W W NO E.I.R. Q [3 CONDITIONS M Z ❑ EXEMPT 0 E.I.R. REQUIRED BUT NO LL LL 0 Z DENIAL Z p SIGNIFICANT EFFECTS Q W 2 Z MEASURESATING (~q a p CONTINUANCE TO LL NO SIGNIFICANT SIGNIFICANT EFFECTS U z EFFECTS SEE ATTACHED E.R.C. W MINUTES ¢xmummxoim ua PIAN-iAf PAGE 1 OF 1 (4- ) © p TRICITY PROJECT AGENDA ITEM: 5 HEARING DATE: April 20, 1993 Page 2 REQUEST Under the authority of Development Code Chapter 19.42 , the applicant requests approval of Development Code Amendment (DCA) No. 92-13, to establish the TriCity Corporate Centre Land Use Plan And Design Guidelines (Land Use Plan) in the Development Code as an overlay district. Concurrently, under the authority of Development Code Section 19. 06. 030 (1) (A) , the applicant requests the approval of Conditional Use Permit (CUP) No. 92-33 to construct 8 buildings on the site that exceed 4 stories (or 52 feet) in height. Under the authority of Development Code Chapter 19.40. 020, the applicant also requests the approval of Development Agreement (DA) No. 92-01 to vest the developer with the right to establish specified permitted uses using the development standards and design guidelines outlined in the TriCity Corporate Centre Land Use Plan And Design Guidelines and to provide for infrastructure improvements within the project area. SITE LOCATION The TriCity Corporate Centre property is irregular in shape and consists of 152 .7 acres generally located between I-10 and the Santa Ana River and between Waterman Avenue and the Gage Canal. (Refer to Site Vicinity Map, Attachment E) . PROJECT ELEMENTS (APPLICATIONS) Development Code Amendment The DCA No. 92-13 will add the TriCity Corporate Centre Land Use Plan And Design Guidelines into the Development Code as an overlay district. (See Exhibit 1) Conditional Use Permit General Plan Policy 1. 17.20 and Development Code Section 1. 06. 030(1) , Table 06.02 require a conditional use permit for structures higher than 4 stories (or 52 feet) . The TriCity Land Use Plan proposes to construct a total of 8 buildings which will exceed 4 stories. CUP No. 92-33 will provide public review and meet the General Plan and Development Code requirement. © Q TRICITY PROJECT AGENDA ITEM: 5 HEARING DATE: April 20, 1993 Page 3 Development Agreement DA No. 92-06 will provide the developer with a vested right to develop the project site using the TriCity Land Use Plan. The DA will establish the terms under which development will occur and ensure that development on the site will be consistent and compatible through the implementation of a comprehensive development plan. In addition, the DA will ensure that required improvements and infrastructure are constructed when needed. The TriCity Land Use Plan and Mitigation Monitoring and Reporting Program are incorporated by reference in the DA. DEVELOPMENT CODE COMPLIANCE AND GENERAL PLAN CONSISTENCY All elements of the proposal are in compliance with the standards and requirements of the Development Code with the exception of the sign standards which are contained in the TriCity Corporate Centre Land Use Plan And Design Guidelines. Some of the proposed sign standards exceed those set by the Development Code Sign Regulations. The sign standards, as part of the Land Use Plans And Design Guidelines, will be a component of the proposed overlay district. The proposed Land Use Plan And Design Guidelines has been found to be in conformance with the CR-3 , Commercial Regional - TriCity/COmmercenter and Club General Plan Land Use Designation. The establishment of the TriCity Corporate Centre Land Use Plan And Design Guidelines as an overlay district is consistent with General Plan Policy 1. 17 . 38 which requires that a specific or development plan be formulated for the project area. The proposed sign standards are also consistent with the General Plan in that Policy 1. 17 . 37 requires that multi-tenant signage for the project site be consolidated into well designed and distinctive signs. The Development Code, which implements the General Plan Land Use Element, contains provisions for the adoption and approval of development agreements and development code amendments. The buildings proposed to exceed 4 stories (or 52 feet) in height are permitted subject to an approved conditional use permit. Please refer to the General Plan and Development Code Consistency Table (Attachment A) . o � TRICITY PROJECT AGENDA ITEM: 5 HEARING DATE: April 20, 1993 Page 4 CEOA STATUS An Initial Study, prepared by Tom Dodson & Associates, was presented to the Environmental Review Committee (DRC/ERC) on December 17 , 1992 (see Attachment D) . The Initial Study is tiered from the Environmental Impact Report (EIR) which was prepared for the TriCity Redevelopment Area Development Plan in 1983 . Section 15180 in the CEQA Guidelines provides that projects implemented as part of a redevelopment plan "constitute a single project" and that an EIR prepared for redevelopment projects "shall be treated as a program EIR" . This provides for the evaluation of a current project under the original EIR's contents and findings and the determination of whether any subsequent environmental documentation is required. The ERC determined that the project could result in significant environmental effects in that the overall square footage for the project (approximately 904 , 000 square feet of commercial office space already built and 2 , 100, 000 square feet of commercial office space proposed to be built) is considered to be regionally significant. Specific mitigation measures were enumerated in the Initial Study and, as a result, the ERC recommended a Mitigated Negative Declaration. The proposed Mitigated Negative Declaration was advertised and the Initial Study was available for public review and comment from December 25, 1992 to January 22 , 1993 . Comments were received from the following public departments or agencies: December 23, 1992 Kevin Barnes, Refuse Superintendent, City of San Bernardino Public Services Department January 19, 1993 Harvey J. Sawyer, Chief, CalTrans District 8, Transportation Planning, San Bernardino County Coordination Branch January 20, 1993 Lorraine Van Kekerix, Manager, California Integrated Waste Management Board, Waste Generation Analysis and Environmental Review The comments and the City's responses to the comments are contained in Attachment C to Attachment D. In addition, a summary of the issues covered by the comments and the responses is contained in the Comments Received section of this Staff Report. 4 TRICITY PROJECT AGENDA ITEM: 5 HEARING DATE: April 20, 1993 Page 5 BACKGROUND The Development Plan for the TriCity Redevelopment Project Area, which covers two subareas, was adopted by the City on June 20, 1983 . Subarea I is located on about 96. 4 acres located between 9th Street and Base Line on both sides of Del Rosa. Subarea II consists of about 283 acres generally located between I-10 and the Santa Ana River wash and between Waterman and Tippecanoe Avenues. This project, the TriCity Corporate Centre project, occurs on 153 . 7 acres located in Subarea II . Since the adoption of the Development Plan in 1983 , the TriCity Corporate Centre has been continuously developing (about 904 , 000 square feet of building space) . In September 1986, the City Redevelopment Agency and Rancon Realty Fund IV and Rancon Realty Fund V entered into the Regional Facilities Agreement and to date, all development on the site has been consistent with that agreement. However, both the City and the property owner are unsatisfied with the current method of individual project review and approval. It was determined by both parties that a comprehensive development plan was needed for the TriCity Corporate Centre to ensure that future development on the site was consistent and compatible. As a result, the applicant submitted DCA No. 92- 13 , CUP No. 92-33 and DA No. 92-01 on November 16, 1992 . It should be noted that a general plan amendment (GPA No. 90-13) was submitted on July 18, 1990. GPA No. 90-13 was a text amendment proposal to delete the requirement for a CUP for buildings over 4 stories in height. Staff determined that the proposed amendment was not in the best interests of the City or the applicant because it would eliminate the conditional use permit requirement and (potentially) any public review for buildings proposed to exceed 4 stories in height for CR-3 , Commercial Regional - TriCity/Club districts, outside of this plan area. As an alternative, the applicant submitted a single conditional use permit (CUP No. 92-33) for the 8 buildings proposed to exceed 4 stories in the TriCity Corporate Centre project. The GPA No. 90-13 was withdrawn upon submittal of CUP No. 92-33 . ANALYSIS Project setting and Description The TriCity Corporate Centre is a business park which currently has about 904, 000 square feet of building space. At buildout in 2004 , an additional 2 , 100, 000 square feet will have been built for a 4 TRICITY PROJECT AGENDA ITEM: 5 HEARING DATE: April 20, 1993 Page 6 total of about 3 , 000, 000 square feet. About 75% of the space will be used for commercial offices, 5% will be used for research and development and 20% for commercial retail uses. The TriCity Corporate Centre Land Use Plan And Design Guidelines divides the project site into 7 Planning Areas (also referred to as Superblocks) (see Exhibit 1, Figure 2 on page 8) . A land use summary per Planning Area is provided in the Land Use Plan (see Exhibit 1, Table 1 on page 9) . The list of land uses proposed for the site consists of commercial office, commercial retail and research and development uses. All proposed uses are consistent with the CR-3 , Commercial Regional - TriCity/Club land use designation. An alternative land use proposal (entitled the Municipal Parksite option) is proposed for about 19 acres of land located in Planning Area 2 . For a period of years (from 1950 to 1958) , this area was used and operated as a landfill by the City of San Bernardino. Implementation of the alternative land use proposal will be dependent on market conditions. (See Exhibit 1, Figure 3A on page 9) If the Municipal Parksite option is implemented, approximately 309 , 000 square feet of building area will be transferred from Planning Area 2 to Planning Areas 3 and 4 . The transfer of square footage will not result in additional buildings in the two receiving areas. Rather, the transfer will result in increased footprints for the buildings proposed for those Planning Areas. Additions to building heights are not proposed. The Land Use Plan proposes an 11 year project phasing plan which begins in 1993 and ends in 2004 when buildout is projected to occur (see Exhibit 1, Tables 2 and 3 on pages 12 and 13) . Because project phasing is market driven, the applicant proposes that the Development Agreement be in effect for 25 years (2018) . Staff would prefer that the Development Agreement be in effect for 20 years (2013) which potentially would extend project buildout for an additional 9 years as opposed to an additional 14 years, as the applicant proposes. The Land Use Plan includes Design Standards and guidelines for development, landscaping standards and guidelines and a comprehensive sign program that reflects the existing signage on the site. The sign program addresses street name and building signs in addition to major tenant and project signs. O TRICITY PROJECT AGENDA ITEM: 5 HEARING DATE: April 20, 1993 Page 7 Initial Study and Mitigation Monitoring and Reporting Program The Initial Study contains detailed discussions which describe the environmental setting and project site and surrounding area characteristics. The potential environmental impacts, mitigation measures and reporting actions are also addressed in the Initial Study and the Mitigation Monitoring and Reporting Program. (Refer to Attachment D and Exhibit C of Exhibit 2 , respectively) . Air Quality The Initial Study evaluated the potential air quality impacts of the project against the established thresholds contained in the South Coast Air Quality Management District's Air Quality Handbook (Revised 1967) . This discussion begins on page 14 of the Initial Study (see Attachment D) . The project exceeds threshold criteria in many categories (i.e. , office building square footage, parking spaces and vehicle trips) and normally would be considered significant. However, the resultant impacts can be mitigated in a number of ways. The project is in compliance with the Air Quality Management Plan (AQMP) in that it meets the job/housing balance goals for the East San Bernardino subregional area. This subregion is considered to be housing rich and job poor. The project does not propose any residential development and as such, it is in conformity with the Job/Housing Forecast which seeks to increase job opportunities. The development of the project will result in the creation of between 9, 000 and 12, 000 new jobs over the next decade. The Initial Study states that many of the current tenants at the TriCity Corporate Centre have relocated to the Centre from within the region. This is reflected by the work force at the Centre which is made up of people from within the region. While future tenants may be attracted from other nearby regions, the current imbalance in the job/housing ratio indicates that adequate housing and employees are available from the existing and anticipated future housing stock and population within the region. The project is anticipated to continue to generate substantial volumes of traffic to and from the site. A Transportation Demand Management Program (TDMP) has been developed to mitigate the long- term emissions that are associated with the existing and future development of the project. In addition to other strategies, the TDMP provides for more efficient use of transportation infrastructure and services by reducing the number of vehicles required to meet commuting needs. This in turn reduces the overall TRICITY PROJECT AGENDA ITEM: 5 HEARING DATE: April 20, 1993 Page 8 mobile emissions associated with the project. A copy of the TDMP is included in the Initial Study (see Attachment B to Attachment D) . Implementation of the TDMP and other mitigation measures outlined in the Initial Study will reduce the air quality impacts of the project to below a level of significance. Air quality impacts related to Landfill Gas (LFG) are addressed under Existing Landfill and Other Environmental Issues. Traffic and circulation The Traffic Impact Study prepared for the project by Barton-Aschman Associates, Inc. states that the project will generate 54 , 690 vehicle trips per day. This was based on the total existing and proposed building space for the project which totals just over 3 , 000, 000 square feet. The analysis in the Traffic Impact Study was based in part on several assumptions, as follows: 1. The proposed changes to the configuration of the Waterman Avenue/I-10 interchange, including the relocation of west- bound on/off ramps to Carnegie Drive, are in place in 1992 . This has been completed. 2 . The extension of Orange Show Road to Waterman Avenue is completed by 1997. This project is currently in the planning stage. 3 . The north-south arterial shown on the City's General Plan Circulation Plan Map to be located between Waterman and Tippecanoe Avenues shall be in place by the year 1999 , or when determined necessary by the City's Public Works Department. 4 . The intersection of Harriman Place and Tippecanoe Avenue is realigned northerly to align with Laurelwood Drive in 1992 or when determined necessary by the City's Public Works Department. 5. The south-bound lanes on Waterman will be restriped to three lanes in 1992 . This has been completed. 6. That about 15% of the maximum buildout potential of the surrounding planning areas was used for related development would occur by the project buildout year, 2004 . 0 TRICITY PROJECT AGENDA ITEM: 5 HEARING DATE: April 20, 1993 Page 9 The Traffic Impact Study evaluated potential traffic impacts to the roadway system on a per project phase basis. Traffic volumes were broken down according to land use and project phase. This method of analysis allowed the identification of impacts and mitigation measures based on traffic volumes occurring per phase. It also ensures that roadway improvements are constructed when needed. The roadway improvements outlined by the mitigation measures are shown on Figure 3 in the Initial Study. Based on the Traffic Impact Study, the City's Traffic Engineer has determined that the project will not result in an increase in traffic that exceeds that projected for the site's CR-3 , Commercial Regional - TriCity/Club General Plan land use designation. Implementation of the TDMP and the mitigation measures for traffic and circulation impacts will reduce traffic impacts to below a level of significance. Aesthetics Through CUP No. 92-33 , the project proposes to construct 8 highrise buildings (buildings greater than 4 stories in height) . The following list indicates the numbers of buildings and the associated building heights: 4 - 6 story buildings 1 - 8 story building 1 - 10 story building 2 - 20 story buildings It should be noted that each of these buildings will still require the submittal of a Development Permit for site development and layout. Figure 3A of the Land Use Plan (Exhibit 1) shows the location and height of existing and proposed buildings. The site is designed in such a way that the intensity of uses is reflected by the gradual increase in building heights toward the center. The 2 tallest buildings (20 stories, each) are proposed to be located near the center of Planning Area 4 which generally constitutes the center of the TriCity Corporate Centre. The site design, inclusive of the 8 highrise buildings, is not anticipated to create adverse visual impacts. The views from I-10 will be of the Centre with the San Bernardino Mountains in the background. The view of the mountains will only minimally be blocked by the buildings. The General Plan does not identify this area along the I-10 Freeway as being a designated scenic view corridor. 0 TRICITY PROJECT AGENDA ITEM: 5 HEARING DATE: April 20, 1993 Page 10 In terms of design, each building will be subject to the Design Standards in the Land Use Plan and the Development Code, as applicable. Existing Landfill and Other Environmental Issues As previously identified, about 19 acres located in Planning Area 2 were formerly used by the City as a landfill . The decomposition of buried organic material results in the generation of landfill gas (LFG) which is primarily methane gas in low concentrations. LFG can migrate through the soil from the point of origin. Mitigation of potential impacts from LFG includes the installation of adequate gas collection, venting and disposal systems in accordance with the requirements of Title 14 of the California Code of Regulations. Several of the developed sites in the plan area that are located on or adjacent to the landfill are equipped with this type of system. The Initial Study includes mitigation which requires that the existing landfill gas collection, venting and disposal system be maintained and in compliance with Title 14 . The generation of LFG will continue regardless of the project and the issue of remediation of landfill is not a part of this project. State law places the responsibility of landfill remediation on the landfill operator and/or property owner(s) . This project, either through the Development Agreement or the Land Use Plan, does not attempt to assign or reassign such responsibility. The TriCity Corporate Centre Land Use Plan And Design Guidelines (Volume 2 , Appendix C) includes further background on the landfill. The Initial Study also evaluates impacts in the environmental categories, as follows: Earth Resources, Water Resources, Noise, Land Use, Man-made Hazards, Housing, Public Services, Utilities and Cultural Resources. In each category, the environmental impacts are not significant or, if identified as significant, can be mitigated to below a level of significance. COMMENTS RECEIVED Kevin Barnes, Refuse Superintendent, City of San Bernardino Public Services Department Mr. Barnes was concerned that the Initial Study did not address the impacts from LFG. The response identifies that this issue is addressed on page 20 of the Initial Study and further describes the situation on the site with regard to the existing gas monitoring TRICITY PROJECT AGENDA ITEM: 5 HEARING DATE: April 20, 1993 Page 11 system network, landfill closure procedures other requirements of State law. (See Attachment C to Attachment D) Harvey J. Sawyer, Chief, Caltrans District 8, Transportation Planning, San Bernardino County Coordination Branch Mr. Sawyer's letter indicates that the project has been reviewed by Caltrans and requests that consideration be given to ensuring that all improvements to CalTrans facilities meet Caltrans' standards. The response indicates that the comments have been noted. (See Attachment C to Attachment D) Lorraine Van Kekerix, Manager, California Integrated waste Management Board, waste Generation Analysis and Environmental Review Ms. Van Kekerix comments focus on waste generation and disposal . The City's response indicates that all comments and suggestions have either been addressed in the Initial Study or incorporated into that document. (See Attachment C to Attachment D) CONCLUSION Through DCA No. 92-13, TriCity Corporate Centre Land Use Plan will be added to the Development Code as an overlay district. CUP No. 92-33 will conceptually approve the proposal to construct 8 highrise buildings in accordance with the Land Use Plan. DA No. 92-01 will vest the developer with the right to develop the TriCity Corporate Centre as proposed in the Land Use Plan. With the exception of the sign standards, all elements of the project proposal are in compliance with the Development Code and are consistent with the General Plan (Policy 1. 17 . 38) . The Initial Study indicates that the major environmental issues associated with the project are air quality, transportation and circulation, aesthetics and the existing landfill. All environmental impacts are mitigated to below a level of significance and implementation of the mitigation is ensured through the Mitigation Monitoring and Reporting Program. The project will provide the applicant and the City with a consistent and comprehensive development plan for the Centre that incorporates the existing development with the proposed future development. o TRICITY PROJECT AGENDA ITEM: 5 HEARING DATE: April 20, 1993 Page 12 RECOMMENDATION Staff recommends that the Planning Commission recommend to the Mayor and Common Council the: 1. Adoption of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program (Exhibit C to Exhibit 2) ; 2. Adoption and approval of Development Agreement No. 92-01 (Exhibit 2) ; 3. Adoption and approval of Development Code Amendment No. 92-13, based upon the attached Findings of Fact (Attachment B) ; and, 4 . Approval of Conditional Use Permit No. 92-33, based upon the attached Findings of Fact (Attachment C) . Respectfully O�Lsubmitted, ,C -& AiC Director, ctor, Planning and Building Services Deborah Woldruff G ssociate Planner Attachments: A - Municipal (Development) Code and General Plan Compliance Table B - DCA No. 92-13 Findings of Fact C - CUP No. 92-33 Findings of Fact D - Initial Study Attachment A Checklist Responses Attachment B Draft TDMP Attachment C Response to Comments E - Site Vicinity Map Exhibits: 1 - TriCity Corporate Centre Land Use Plan And Design Guidelines (Previously Distributed) 2 - Development Agreement (Previously Distributed) Exhibit A-1 Legal Description of Property (Parcel Maps Attached) 4 TRICITY PROJECT AGENDA ITEM: 5 HEARING DATE: April 20, 1993 Page 13 Exhibit A-2 Legal Description of Landfill Exhibit B Land Use Plan And Design Guidelines Exhibit C Mitigation Monitoring And Reporting Program o ATTACHMENT "A" TRICITY PROJECT AGENDA ITEM: 5 HEARING DATE: April 20, 1993 Page 14 MUNICIPAL (DEVELOPMENT) CODE AND GENERAL PLAN CONFORMANCE Category Proposal Municipal General Plan Code CUP Proposal 8 Comm/Off CR-3, with CR-3, with Buildings an approved an approved gtr than 4 CUP CUP stories in hgt DCA Proposal TriCity Land O v e r l a y Specific or Use Plan & District Development D e s i g n in Chapter Plan (Policy Guidelines 19. 11 1. 17. 38) Setbacks: Front 20 feet 15 feet N/A Side 20 feet 10 feet N/A Rear 10 feet 10 feet N/A Parking & + + N/A Loading Landscaping Gtr/15% 158 Minimum N/A Signage ++ ++. Consistent W/ Policy 1. 17 . 37 + Parking and Loading Requirements in accordance with Development Code Standards, as applicable ** Certain elements of the proposed sign standards exceed City's Sign Regulations ATTACHMENT "B" TRICITY PROJECT AGENDA ITEM: 5 HEARING DATE: April 20, 1993 Page 15 DEVELOPMENT CODE AMENDMENT FINDINGS OF FACT (DEVELOPMENT CODE AMENDMENT NO. 92-13) 1. The proposed amendment to add the TriCity Corporate Centre Land Use Plan And Design Guidelines is consistent with the General Plan in that the project provides a comprehensive development plan for the TriCity area as required by General Plan Policy 1. 17. 38 . 2. The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the City in that the inclusion of the TriCity Corporate Centre Land Use Plan And Design Guidelines will implement a comprehensive development plan that includes standards for development of the site and all potential impacts are mitigated through compliance with the Mitigation Monitoring And Reporting Program. ATTACHMENT "C" TRICITY PROJECT AGENDA ITEM: 5 HEARING DATE: April 20, 1993 Page 16 CONDITIONAL USE PERMIT FINDINGS OF FACT (CONDITIONAL USE PERMIT NO. 92-33) 1. The proposal to construct 8 buildings on the project site that exceed 4 stories in height is conditionally permitted within the CR-3 , Commercial Regional - TriCity/Club land use designation. Each individual project will be reviewed for compliance with the applicable specific standards of the Development Code through the development permit process. 2 . & 11. The proposal to construct 8 buildings that exceed 4 stories in height will not impair the integrity and character of the CR-3 , Commercial Regional - TriCity/Club land use designation in that this designation was specifically established with additional height provision. 3 . The site is physically suitable for the proposal to construct 8 highrise buildings in that the TriCity Corporate Centre is designated for commercial office uses and, because it is located adjacent to the I-10 Freeway, it is visible as a key entry way into the City that must be visually and functionally distinctive. 4 . & 5. The proposal to construct 8 highrise buildings is compatible with the land uses presently on the subject property in that the TriCity Corporate Centre Land Use Plan And Design Guidelines incorporates existing and future uses into a comprehensive and cohesive development plan. 6. The proposed use is compatible in scale, mass, density and intensity with all adjacent uses in that project site is geographically separated from other areas of the City by the Santa Ana River (north) , Gage Canal (east) , the I-10 Freeway (south) and Waterman Avenue (west) and buildings © O ATTACHMENT-'C', TRICITY PROJECT AGENDA ITEM: 5 REARING DATE: April 20, 1993 Page 17 which exceed 4 stories in height have been approved and constructed in the TriCity, Commercenter/Club areas. 7. All applicable City departments have reviewed the proposal to construct 8 highrise buildings and have determined that there are adequate provisions for water, sanitation, public utilities and public services. S . Access to the site to serve the subject property and the proposed highrise buildings exists via I-10 and Waterman and Tippecanoe Avenues. 9. There will not be a harmful effect upon desirable neighborhood characteristics in that proposal to construct 8 highrise buildings is part of a comprehensive and cohesive land use plan for the TriCity Corporate Centre. lo. A market/feasibility study is not required by the General Plan or Development Code for this type of proposal. 12. There will not be significant harmful effects upon environmental quality and natural resources in that the proposal has been evaluated in accordance with CEQA. 13 . The negative impacts of the proposal are mitigated by the standards and requirements set forth in the TriCity Corporate Centre Land Use Plan And Design Guidelines and Development Code (as applicable) and the Mitigation Monitoring And Reporting Program. 14. The proposed location, size, design and operating characteristics of the proposed highrise buildings and associated land uses will not be detrimental to the public interests, health, safety, convenience or welfare of the City in that each of the 8 proposed buildings will comply with all © 0 ATTACHMENT ',C TRICITY PROJECT AGENDA ITEM: 5 HEARING DATE: April 20, 1993 Page 18 requirements of the TriCity Corporate Centre Land Use Plan And Design Guidelines and the Development Code. ATTACHMENT "D" CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES DEPARTMENT ENVIROMENTAL IMPACT CHECKLIST A. BACKGROUND Application Number. DA 92-01/DCA 92-13/CUP 92-33 Project Description: To establish the Tri-City Corporate Centre Overlay District which specifies permitted uses and provides development standards and design gut a Ines. a proe,7ct inc u es a eve opmennt greemen dnG a on i tonal Use permit. Location: Easterly of Waterman Avenue. of I-10: and westerly of the Gage Canal . Environmental Constraints Areas: Geologic, liquifaction, noise General Plan Designation: Commercial Regional (CR-3) Zoning Designation: Same. B. ENVIRONMENTAL IMPACTS Explain answers,where appropriate, on a separate attached sheet. 1. Earth Resources Will the proposal result in: Yes No Maybe a. Earth movement (cut and/or till)c; 10,00 cubic yards or more? X b. Development and/or grading on a slope greater than 15%natural grade? X c. Development within the Alquisi-Priolo Special .. Studies Zone? X t - - - X d. Modification of any unique geologic or physical feature? X e. Soil erosion on or off the project she? X E - - - X I. Modification of a channel,creek or river? X g. Development within an area subject to landslides, mudsfides, liquefaction or other similar hazards? X E - - - X See GP Figs. 48 & 54 h. Other? Subsidence - GP Fig. 51 X i Pw.D.a YAGE,ofi / I 2. Air Resources: Will the proposal result in: Yes No Maybe a. Substantial air emissions or an effect upon ambient X - - X air quality? b. The creation of objectionable odors? _ X 4 - - -. X c. Development within a high wind hazard area? X 3. Water Resources: Will the proposal result in: a. Changes in absorption rates,drainage patterns,or the rate and amount of surface runoff due to impermeable surfaces? X - ' b. Changes in the course or flow of flood waters? X c. Discharge into surface waters or any alteration X ✓c - - - X of surface water quality? d. Chance in the quantiry of quality of ground water? X G - - - X e. Exposure of people or property to flood hazards? X 1. other? None 4. Biological Resources: Could the proposes resuh in: a. Change in the number of any unique, rare or endancered species of plants or their habitat including X stands of trees? b. Change in the number of any unique,rare or endangered species of animals or their habhat? X c. Removal of viable, mature trees? (6'or greater) X d. Other? None 5. Noise: Could the proposal result in: a. Increases in existing noise levels? X - - - -> X b. Exposure of people to exterior noise levels over 65 dB or interior noise levels over 45 d5? X E - - - X c. Other? None 6. Land Use: Will the proposal result in: a. A change in the land use as designated on the General Plan? X b. Development within an Airport District? M c. Development within'Greenbeh'Zone A B. or C? X d. Development within a high fire hazard zone? X e. other? Specific uses and is more X - - - 4 X restrictive t1han the - VlA VA v/GE30Fi tiltg 7. Man-Made Hazards: Will the project: Yes No Maybe a. Use, store,transport or dispose of hazardous or toxic materials (including but not limned to oil, pesticides,chemicals or radiation)? X 4 - - - X It. Involve the release of hazardous substances? X 4 - - - X c. Expose people to the potential heafth/salety hazards? X 4 - - - X d. Other? None S. Housing: Will the proposal: a. Remove existing housing or create a demand for additional housing? X b. Other? None 9. Transportation/Circulation: Could the proposal result in: a. An increase in traffic that s creaser than the land use desionaied on the General Plan? X - - X b. Use of existing, or demand for new, parking facilhesrsiructures? X - - ,l X c. Impact upon existing public transporaticc.systems? X - - - j X d. Alteration of present par.erns of circulation? X - - - X e. Impact to rail or air Ira",ic? X I. Increased safety hazards to vehicles, bi yciisis or pedestrians? X g. A disjointed pattern of roadway improvements? X It. Significant increase in traffic volumes on the roadways or intersections? X - - 3 X i Other? None 10. Public Services: Will the proposal impact the following beyond the capability to provide adequate levels of service? a. Eire protection? X b. Police protection? X 4- c. Schools (i.e.,attendance, boundaries, overload, efc.)? X d. Parks or other recreational facilities? X e. Medical aid? X I. Solid Waste? X 4 - - X g. Other? None r...w......ws� vlAH.eL{ P/GE]OC6 ILlilh 17. Utilities: Will the proposal: Yes No Maybe a. Impact the following beyond the capability to provide adequate levels of service or require the construction of new facilities? X 1. Natural gas? 2. Eleciricey? —'X X 3. Water? X 4. Sewer? 5. Other? None b. Result in a disjointed pattern of utility extensions? X c. Require the construction of new facilities? X 12. Aesthetics: a. Could the proposal result in the cbstruction of any X E - - - X scenic view? b. Will the visual impact of the project be detrimental X E _ _ _ X to the surrounding area? c. Other? None 13. Cultural Resources: Could the proposai result in: The alteration or destrucTion of a prehistoric or X d historic arch)aeoiooical site? b. Adverse physical or aesthetic impacts to a X prehistoric or historic site,sinicture or obieci? c. Other? None 14. Mandatory Findings of Significance (Section 15055) The California Environmental Quality Act stales that C any of the following can be answered yes or mavbe, the project may have a significant eflea on the environment and an Environmental Impact Report shall be prepared. Yes No Maybe a. Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species,cause a fish or wildlife population to drop below sell sustaining levels. threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history X_ or prehistory? b. Does the project have the potential to achieve shon- term,to the disadvantage of long-term,environmental goals? (A shoo-term impact on the environment is one which occurs in a relativety brief,definitive period of time while long-term impacts will endure well into X the future.) Pl .,M PAGE OF 6 IS r �sn Yes No Maybe c. Does the project have impacts which are individually limited, but cumulatively considerable? (A project may impact on two or more separate resources where the impact on each resource is relatively small. but where the effect of the total of those impacts on the X E - - X environment is significant.) d. Does the project have environmental effects which will cause substantial adverse effects on human beings. x 4. - - - X either directly or indirectly? C. DISCUSSION OF ENVIRONMENTAL EVALUATION AND MIT GATION MEASURES (Attach sheets as necessary.) See Attachment "A" VV 1= P�E5OFI C D. DETERMINATION On the basis of this initial study. The proposed project COULD NOT have a significant effa[on the envuonmen7 and a NEGATIVE DECLARA. TION will be prepwad. OThe proposed projeC could have a significant eflea on the environment.ahhough there will not be a significant of oa in this =a bemuse the mitigation measures dos ed above have been added is the projec. A NEGATIVE DECLARATION wi0 be praparad. 1 he proposed project MAY have a signficart effe=on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. ENVIRONMENTAL REVIEW COMMITT<E CITY OF SAN BERNARDINO. CALIFORNIA Sandra Paulsen, Senior Planner Acting Chairperson , ERC t Name antl T f.1e �LL�—fLci� `�O _ 1• Scnature Date: December 17 1997 t ATTACHMENT "A" City of San Bernardino Tri-City Corporate Centre Initial Study Environmental Checklist Form Introduction On June 20, 1983, the San Bernardino City Council adopted Ordinance No. MC. 283 entitled "Ordinance of the City of San Bernardino Approving and Adopting the Development Plan for the Tri-City Redevelopment Area". This ordinance contained a resolution approving the Redevelopment Plan and the report on the plan. It also certified an Environmental Impact Report (EIR) prepared for the project. The project evaluated by that EIR contained a total area of about 378 acres situated within two noncontiguous subareas. Subarea I comprised 96.4 acres located between 9th Street and Base Line on both sides of Del Rosa Avenue and was designated for residential development. The project being evaluated at this time,Tri-City Corporate Centre, occupies about 153 acres of the 283 acres which comprised subarea II of the redevelopment project. (See Figures 1 and 2.). According to data provided on Table 1 of the document, the 283 acres includes land designated for roads and flood control uses and land occupied by the Gage Canal and is a gross acreage figure. Table 1 indicates the actual buildable area (habitable structures) of subarea II was about 246.5 acres (net area). Because the Centre's infrastructure improvements (roads, drainage facilities, etc) have already been constructed, the 153 acres identified in this document is also considered a net figure. The EIR prepared for the project evaluated three development alternatives for Subarea II, as well as, "no project" and "alternative location" options. The development alternatives evaluated for Subarea II were combinations of commercial/industrial uses. No residential development was proposed within this subarea. Tentative Tract No. 12034 approved for Subarea II established the road alignments for and lot configurations within this subarea. The alternative uses evaluated in the EIR respected the lots and roads shown on the tentative map but varied in the percent of commercial and industrial usage within the project. Since adoption of this Development Plan, the Tri-City Corporate Centre (Centre) has undergone continuing development with about 904,000 square feet of leasable building space having been constructed in the past ten years. This past development has been consistent with the Regional Facilities Agreement entered into between the City of San Bernardino 1 , AMA{.IM � § �§ ¥ ! k ` k { � / -- : ! / y z \ ! � f � x a � ) | : | } } z' + �} KEY - _ •19eY c.� 2:: ..��■�� �r/ L'. Sim —�ti nll. I�`;I'�� 1aE ,.. ��.. I 3014 1 1� ■, P• Obtu�nn�BAREA Well SU II Meli y T''•'" r• :;; ; -n-. _ THIS PROJECT •-'• 11 . Wells y' .LY _,_. 1 •III• 1.'1 • I'•, sP. �•• ;. 105. nll .�TL II . : . � •F :. � D I NI i .. Well ' • o .: : ..:. . 1014.._. ..�:: -d loss L SITE LOCATION ' / o ` j . !�. ■•'1'. W. ■ O I� = 111 1 / / Y.;. .roy5a Z ■ slN. - =r well 0sal TOR by � '_[ 1 t9. Golf /Iw1 R/ yi;' m yb` e Ssbst [n �jy�el Courfla a Y 96l RIEiO 44 / THE MISSION �NJJ� To dio __LFX m Warm CreeY�� J l� �.'fA B Coll Dou se I tI•� .. ' i 1 •,I I Station Wells see W i Tel • 9 I l '• ••'��� � 1 RLO .NOS lOfi$ BLVD ' fie ' i Ir ■ :•ti' Vng71 _ I / _ F. � 0 — BM o 'I .Il.ri / eWemd - — — — ;r! r • I M 1023 ��.• '•Ili �Seway! ,1 lye•, / we e � s ' e. 1 , B 1 •`/ 1 .v=N L[uvLN s ......... _ q •h + F•� ;�rlliler- _ � • li B�1CBi P4 a ♦ y`ih L YII � p00 i -.4 1% `. : ''• , / its • •z. aRr r do — DIMM LOCATION MAP Tom Dodson & Associates environmental consultants Source: U.S.G.S. San Bernardino South, CA FIGURE 2 7.5' Topographic Quadrangle 3 SIRAIIEA 11 - All. 'A' S011ARCA 11 • ALT. -11- SIAARfA II - All. 'C' tw USE AC. 11)5 "G. S.F. I W. AC. (S)S ILUG. S.I. I Pe. K. ISIS 6lOG. S.F. I Pr, Ce.. Wfhtelll 115.671)1,7) 932,950 3.732 61.9)(26.)) 707,140 2,029 )9.9)(16.21 IN,900 1,140 CesrtWfofflwl N.tl(2E.2) 756,750 3,02E /2.00117.1) 457,510 1,629 26.62111.7) 11),650 1.255 IMntrlt13 74.12(33.7) . 1.296.600 2.594 122.65119.7) 2,137,200 1,271 160.62165.21 ?=.10 5.606 Pub 11 t/Gua I-WI'd 16.97(6.1) 35,000 M 16.97(6.9) 35;000 30 16.9716.91 35,000 M "T01141. iN.551100.0) 3,071,500 9.364 246.5S(100.0) 3,36.650 11,965 246.551100.0) 3,566,190 6,67) flood CmtrvI 1.69 - 4.69 - - 4.69 - 414 C.1 9.05 - - 5.06 - - 5.06 Stmt, n,61 - 76.66 - - 26.6E - - Tmk 261.Q1 ],021.500 9,)81 281.00 ),3)6.650 E.965 261.00 3,616,190 6.633 Pat.: 11 2SS building let tbvnR, one fndl.1,12S0 l.f, building. 21 CwwITltl/6flth: 251 bvlldln9 lot urera9e, me emlelef/2% a.l, building. l Intmtrlel: Wl bull dlny lot t9eere9e, me eey107e</500 a.f. building. 1 A14Prt/fln Sbl1m Irtllll7. 5 hrtmt of lublo 1 Ideeel"Able rtrte9e). DEVELOPMENT ALTERNATIVES Tom Dodson & Associates environmental consultants Source: Tri-City Redevelopment EIR TABLE I 4 Redevelopment Agency and Rancon Realty Fund IV and Rancon Realty Fund V (Rancon) in September 1986. The City of San Bernardino (City) and Rancon have determined that the present process of individual project review and approval is inadequate to provide sufficient clarity on the relationships of each building or development to the overall Tri-City Corporate Centre Master Plan project phasing and design standards are needed. Additionally, General Plan Policy 1.17.38 identifies the need to formulate a specific or development plan for the Tri-City Corporate Centre which incorporates the design and development guidelines contained in the General Plan. To obtain this information, the City is requiring that a formal understanding be developed between the City and the Developer which clearly establishes phasing and development schedules and ultimate buildout. The City has concluded the most appropriate vehicle to accomplish this would be the preparation of a formal Development Agreement (Agreement) between the City and Rancon which includes an overall land use plan and design guidelines. This Development Agreement has been designated #92-01 by the City. Implementation of this project will also include a Development Code Amendment (#92-13)which will establish the Tri-City Corporate Centre Overlay District and adoption of Conditional Use Permit (CUP) #92-33 which covers structures over four stories or 52 feet in height. A more detailed discussion of these proposed actions is provided in the Project Description section of this document. To comply with this request, Rancon has compiled a document identifying the various elements of the Agreement which includes the overall land use plan, a summary of existing, approved and proposed construction by type and planning area, design guidelines, and implementation procedures. Additionally, supplemental reports have been prepared to update technical issues previously evaluated for the project. These reports include a traffic impact study, a geotechnical report on seismic and liquefaction issues, an analysis of sewer and water requirements, and development standards and final agency disposition for an abandoned landfill located onsite which is identified for development at this time. The project being evaluated in this Initial Study (IS) is Development Agreement #92-01,a plan which provides more specific data on future development of an approved project currently under development, a Development Code Amendment (#92-13) establishing the Tri-City Corporate Centre Overlay District and a Conditional Use Permit (#92-23) approving the concept of developing the structures over four stories or 52 feet in height which are shown on the Development Plan. The approval process for the original project included adoption of an EIR which determined that implementation of the project would not have a significant adverse impact on the environment with implementation of identified mitigation measures. No Statement of Overriding Considerations was adopted. Section 15180 in the State CEQA Guidelines provides that projects implemented as part of a redevelopment plan "constitute a single project" and that the EIR on redevelopment projects "shall be treated as a program EIR". This status as a program EIR allows the local jurisdiction to evaluate follow-on projects, including the current project, under the original 5 MA M. M,un o EIR's contents and findings and to determine whether any subsequent environmental documentation is required. If the project being proposed by the Agreement falls "within the scope of the project covered by the program EIR" it can be approved with no new environmental documentation being prepared (refer to Section 15168 (C) (2) in the State CEQA Guidelines). This section does require the lead agency to find that "no new mitigation measures would be required"beyond those identified in the EIR before approving the proposed activity as being within the scope of the project covered by the program EIR. Section 15168 (c) (1) states that "if a later activity would have effects that were not examined in the program EIR, a new Initial Study would need to be prepared leading to either an EIR or a Negative Declaration". The analysis provided in this Initial Study has been designed to determine whether the proposed project's impacts fall within the scope of the impacts which were forecast in the original EIR or if new mitigation measures are required. A conclusion will be presented on whether the entirety of the project proposed at this time was adequately evaluated by the Program EIR or if further environmental documentation beyond this Initial Study, is required. Location The Tri-City Corporate Centre is located on approximately 153 acres north of Interstate 10 in the City of San Bernardino (See Figures 1 and 2). The project site is bordered to the west by Waterman Avenue, to the east by the Gage Canal, to the north by the Santa Ana River, and to the south by Interstate 10. The site can be found on the San Bernardino South Quadrangle, 7.5' Topographic Series. Environmental Setting This project site is a highly disturbed (naturallandform and vegetation altered) parcel of land located in an urbanizing portion of the City of San Bernardino adjacent to Interstate 10. Initial development of the Tri-City Corporate Centre resulted in the mass grading of the site to create buildable pads and to construct road and utility improvements. Those portions of the site not presently occupied with structures and parking facilities consist of flat graded pads adjacent to improved roadways. No native vegetation exists onsite. The City of San Bernardino is located about 60 miles easterly of Los Angeles and is within the South Coast Air Quality Management District (South Coast Air Basin). This Basin has been identified as having one of the worst air quality problems in the nation. The climate in this Basin is termed "Mediterranean" and is typified by warm summers, mild winters and infrequent rains. Prevailing winds transport pollutants from the Los Angeles metropolitan area eastward where they become "trapped" against the adjoining San Bernardino Mountains. This condition causes a buildup of pollutants in the eastern portion of the South Coast Air Basin and consequently a significant degradation of air quality. 6 MA M� M,lr) 0 The soils present onsite are Grangeville series (GS) which consist of somewhat poorly drained, nearly level soils formed on alluvial fans in moderately coarse textured granitic alluvium. This soil is a fine, sandy loam that is moderately saline and strongly alkali. Runoff is slow and the potential for wind erosion is low. The shrink-swell potential for this soil is also low. According to data provided in the EIR, two major and several subsidiary faults are located in proximity to this site. Some localized areas of the site may contain soils which offer marginal resistance to liquefaction. A portion of the site was previously used as a landfill for solid wastes, however, this landfill has been closed for more than 30 years. The Santa Ana River flood plain is located northerly of and adjacent to the site. This unimproved channel supports a relatively high quality riparian habitat and provides a natural buffer to development from the north. The project site is presently provided a full range of services associated with urban development. Improved roadways occur around and through the site and adequate water, sewer, electrical and natural gas service is present onsite. Access to the site from Interstate 10 is provided by Tippecanoe and Waterman Avenues. Project Description The project being evaluated in this IS encompasses the following: 1. Development of the remainder of the Tri-City Corporate Centre in the manner described in the Land Use Plan and Design Guidelines, Tri-City Corporate Centre, revised 2/18/92 which was prepared for Rancon and The City of San Bernardino by Turini & Brink, Planning Consultants. This document is referred to as the Development Plan in this Initial Study. 2. Development Agreement #92-01 (Agreement) between the City of San Bernardino and Rancon. This Agreement establishes the terms under which development of the Tri-City Corporate Centre will continue. This agreement will provide the developer with a vested right to proceed with the project in accordance with the Development Plan and the City's General Plan Land Use Designation for the site. 3. Development Code Amendment #92-13. This amendment will establish the Tri-City Corporate Centre Overlay District in Chapter 19.11 of the City of San Bernardino Development Code. The project site is designated Commercial Regional (CR-3) in the Land Use Plan of the City's General Plan. Certain uses proposed for this site in the Development Plan are not identified uses in the CR-3 district. Adoption of this amendment will establish the land uses and design guidelines provided in the Development Plan as the criteria or the parameters under which this site will be developed. 7 lDA Mw M.IM Q 0 4. Adoption of Conditional Use Permit (CUP) #92-33. the City of San Bernardino General Plan (1.17.20) requires that a CUP be issued prior to construction of structures higher than four stories (52 feet in height). CUP #92-33 covers all structures over 52 feet in height shown on the Tri-City Corporate Centre Development Plan. This CUP will allow development of these buildings without securing individual CUP's for each structure when developed. This CUP will be effective provided the structures are located within the same planning area identified in the Development Plan and are within two stores of the height shown on that plan. It is anticipated that structure heights will be partially dependent on the available remaining square footages in each phase of development. Individual structures covered by the CUP will, however, require a Development Permit which will include review of building plans for the structure and a determination of the structures consistency with the approved development plan. Tri-City Corporate Centre (Centre) is a master planned mixed use business park consisting of approximately 75% office, 5% industrial/research and 20% retail development. At buildout (projected to be the year 2004), the business-park is proposed to offer about 3 million square feet of corporate office space, child care and recreational facilities, high technology research and development facilities, hotel, restaurant and retail uses. To allow for changes in market demand, some flexibility in land use, density and phasing for each planning area is incorporated in the Plan. This flexibility includes the option of transferring up to 15% of the allotted building square footage from one phase of development to other phases. This may occur as long as the total project does not exceed the maximum approved building area for the project. The greater portion of the project is planned for development in office/professional uses. Envisioned in the Plan are office spaces to meet the demands of a varied market. This project proposes to construct low, medium and high rise buildings to accommodate businesses of all sizes. Sites will be provided within the project area for those wishing to build to suit their own needs. This plan also provides for alternative uses of the closed landfill site. These uses included office building, parking area or public park and recreation facilities with a transfer of building densities from this site to two specific planning areas within the Master Plan. The Centre is planned to provide facilities for specialized research and development users, including engineering, show rooms, precision light manufacturing, storage and attendant office space. Such facilities will be available for either lease, for purchase, or for a build-to- suit tenant. Hotels, restaurants, support commercial, transportation, recreational and retail 8 MA M�A 1"3 facilities are also planned as an integral part of Centre. The Master Developer of the site has reserved the right to redesign, enlarge and/or relocate unconstructed buildings which have been approved in concept. Such revisions will, however, require review and approval by the City prior to implementation. Presently about 904,000 square feet of buildings have been constructed within the Centre. This represents about 30% of the approximately 3 million square feet of space allowed under the existing Redevelopment Plan and proposed by the Agreement. Buildout of the project is preliminarily scheduled to occur in the year 2004. Because development schedules will be affected by market demand, the actual completion date may vary. Past development activities onsite have included the construction of a fire station, heliport, and new on- and off-ramps connecting I-10 to Carnegie Drive to help relieve traffic congestion on Waterman Avenue. Continued development of this project will include substantial improvements to the area's roadway system. This concludes the description of the project proposed by Rancon. The Initial Study (IS) follows this section along with the comments provided in support of the conclusions provided in IS checklist. Substantiating data is provided for those checklist items where potential impact has been identified as "YES" or "MAYBE". All other issues checked as 'NQ" have no potential for being impacted by the proposed project. Substantiation of the 'No" determinations is also provided to ensure the IS meets current CEQA requirements. The evaluation provided in this IS will also include a determination of whether this project falls within the scope of the project covered by the program EIR or if new effects or mitigation measures can be identified. Based on the results of that evaluation, a determination will be made as to whether or not additional environmental documentation for this project is required. 9 mwsm SUBSTANTIATION FOR CHECKLIST FINDINGS The substantiation is presented in the order listed in the Initial Study Checklist. 1. Earth Resources a. Past construction activities on the site have resulted in the rough grading of almost the entire site. Future development will require some minor grading to accommodate buildings and parking areas. This grading work will be performed on a site by site basis through out the Centre. Because project specific improvement plans are not available at this time, the volume of earth work needed to construct future development can not be accurately estimated. It is anticipated, however, that total buildout of the Center will result in the movement of 10,000 cubic yards or more of earth over the next 14 years of development. This earth movement, however, will primarily be in the form of subexcavation and recompaction of the soils onsite to provide adequate foundations for structures and will not significantly alter the existing landform or affect site earth resources. This method of development is consistent with that evaluated in the EIR for the project which did not identify any significant adverse impacts to earth resources. Because no new impacts to earth resources have been identified and because the existing EIR adequately evaluated potential impacts associated with this proposed project, no additional mitigation beyond that provided in the EIR is proposed. EIR MITIGATION MEASURE 1. All grading within the project shall be accomplished in accordance with the appropriate ordinance of the City of San Bernardino. b. The project site is a relatively flat (less than 5 % slope) parcel of land. Further development will not result in grading on slopes greater than 15 %because no slopes of that magnitude exist onsite. Because no impact is identified, no mitigation is proposed. c. An Alquist - Priolo Special Studies Zone is located on the project site (Loma Linda Fault). The EIR prepared for this redevelopment project evaluated the potential constraints to development associated with geologic structures onsite and in the project area. The potential constraints evaluated were liquefaction, seismic shaking, subsidence, compressible surficial soils, and artisan spring development. The EIR concluded that no significant adverse impacts should occur provided that mitigation measures identified in that document were implemented. Since adoption of that EIR, development has occurred at the site. Data provided in the Land Use Plan of the Development Agreement indicates this development has occurred without adverse effects from geologic or seismic constraints. The project being evaluated by this IS contains equivalent characteristics to the project evaluated in the EIR. 10 lIM Mrd M,nJJ o To update data provided in the EIR (an Updated Geotechnical Assessment [Update)) was prepared by Geotechnical Professionals, Inc. The results of the Update concluded that this site does not pose any insurmountable geotechnical constraints to development. No new potential geotechnical constraints were identified in the Update and no significantly new mitigation measures proposed. It should be noted that in 1976, the Special Studies Zone designation for the site was removed by the State and the Loma Linda fault is presently not considered active. Some State Division of Mines and Geology publications have not been updated and do, however, still designate the fault as active. The Update is included with the Land Use Plan and Design Guidelines (Development Plan) as Appendix 'B" of that plan. This Update provides additional site specific data on the issues addressed in the EIR. These data, however, do not change the evaluation and conclusions contained in the EIR. The City requires that building plans submitted for review and approval include site specific geotechnical studies that address the proposed structures. The design and construction of these structures must incorporate the recommendation contained in the projects geotechnical evaluation. Based on the above, it is judged that the EIR for the Centre adequately evaluates the seismic constraints associated with the project proposed by this Agreement and that the mitigation measures provided therein remain valid for this project. d. Past and future development at this site involves some grading near the surface (cuts less than 15 feet) along with the placement of piles and foundations below ground surface. The geotechnical reports prepared for the site indicate the geologic substructure of the area extends to bedrock which is located about 1,000 feet below ground/surface. Additionally, these investigations and the EIR did not reveal any unique geologic or physical features onsite, except possibly the Loma Linda Fault. Based on the above, it is judged that past and future development has no potential to cause the destruction, modification or covering of any unique geologic or physical feature and that the EIR adequately evaluated this projects potential impacts to these features. Because no impacts have been identified, no mitigation was proposed in the EIR or in this document. e. The site being evaluated at this time has been graded and most infrastructure improvements installed (streets, curbs, gutters and drainage structures). Additionally, permanent landscaping has been installed within the developed areas and along most of the streets. According to data provided in Soil Survey of San Bernardino County, Southwestern Part, prepared by the U.S. Department of Agriculture, the soil onsite is Grangeville series (Gs). Runoff is slow and the hazard of erosion is slight. Some short-term potential for erosion is possible during construction activities. This potential can be mitigated to a level of non- significance by the City requiring that adequate erosion control measures be implemented 11 1 A Mr 10,1"3 during construction activities and by the City requiring that permanent landscaping be installed immediately after construction activities are completed. Based on the above, it is judged potential soil erosion impacts can be reduced to a level of nonsignificance with implementation of the following measures: 2. Prior to construction on site,an erosion control plan shall be prepared by the site owner or developer and submitted to the City for review and approval. This erosion control plan shall be monitored monthly in the field during April through October by the site owner/developer. The erosion control plan shall be monitored in the field every two weeks from November through March. The erosion control plan shall contain provisions for regular water schedules,graded and construction area diking, water outflow channel distillation devices within graded construction areas and in front of catch basins receiving on site and on street water. Regular street watering and cleaning shall be identified on the erosion control plan. 3. Final Landscape and Irrigation Plans for each project shall be prepared by the site owner or developer and submitted to the City for review and approval. This plan shall identify the type,number,size and location of all plants, trees or turf to be used onsite. This plan shall also identify the type, size and location of the irrigation system to be used onsite. f. The project site is located between the San Timoteo Creek Channel and the Santa Ana River Channel. Development of the project requires that storm flows be taken to these channels to provide adequate drainage for the site. The drainage structures needed to accomplish this have been constructed and no alterations to these channels are proposed. To mitigate potential impacts to these channels if additional construction is required, the developer shall notify the U.S. Army Corps of Engineers (Corps) and the State Department of Fish and Game (DFG) prior to any disturbance of these water courses should that be necessary. 4. The developer shall secure Corps Section 404 and DFG Section 1603 permits or waivers thereof prior to commencing construction activities in the Santa Ana River or San Timoteo Creek channels if such construction is required. The developer shall also comply with all mitigation measures established as conditions of those permits. These measures were identified in the EIR and it is therefore concluded that the EIR adequately evaluated the potential impacts and identified adequate mitigation. g. Because of the flat slope of the site (less than 5% slope) no potential for landslide or mudslide exists onsite. Because no impacts can be identified, no mitigation is proposed. This conclusion is consistent with the evaluation provided in the EIR. The EIR prepared for the Redevelopment Project did identify a potential for liquefaction occurring onsite. The EIR provided measures which, if implemented, would reduce potential impacts to a level of nonsignificance. These measures are provided in Appendix "E" of the EIR and are as follows: 12 mA MW M,a„ 0 0 FIR MFHC.477ON MEASURE 5. Potential liquefaction impacts shall be mitigated below a level of significance by either dewatering the sites (groundwater), preconsolidating the underlying soils, or mechanically compacting those soils susceptible to liquefaction. The appropriate method shall be determined on a site-by-site basis. The City shall require site specific geotechnical evaluations of each construction site prior to issuing building permits. These evaluations shall address the potential for liquefaction or other seismic hazards to occur and identify the appropriate measures to mitigate potential impacts below a level or significance. These measures must be reviewed and approved by the City Geologist. Because of the similarities between the Redevelopment Project and this project, it is judged that the EIR adequately evaluated this project and the mitigation measures provided therein remain adequate to mitigate potential impacts associated with development of the Centre. Once again, it should be noted that the City's review and approval process for development on this site includes preparation of a site specific geotechnical evaluation. The design and construction of structures proposed must incorporate the recommendations provided in that geotechnical study. h. The project being evaluated at this time includes development in an area once used by the City of San Bernardino as a landfill. Approximately 19 acres of the Centre (Lots 31, 32 and 34) overlie the landfill. To evaluate the potential impacts from earth settlement to development at the former landfill, the firm of Geotechnical Professionals, Inc was retained by the applicant. The results of that study are included in the Development Plan as Appendix 'B", "Updated Geotechnical Assessment" (Update). Data from the Update is provided at this time to evaluate potential settlement impacts to development. Untreated sanitary landfills can be expected to compress at initial rates of 17o or more of their total thickness per year with ultimate settlements ranging from 25% to 50%. This settlement is primarily due to decomposition of organic material in the landfill. Landfilling activities at this site extended to depths of about 25 feet so the ultimate potential settlement of soil at this landfill had been estimated at about 10 feet. Past development activities at this site have included compaction of the soil within the area encompassing the landfill and the construction of parking lots atop the landfill. These parking lots have been in place for several years without experiencing the settlement rates identified above. The apparent stability of this area has been attributed to the soil compaction activities and the relatively light loading(weight) of parking lots. Data provided in the Update states that development of parking lots over the landfill can be accomplished with remedial grading to compact the surficial soils. In general, landfill materials do not provide suitable foundation conditions for the direct support of structures. The magnitude of differential settlement of the landfill materials is prohibitively high to provide adequate foundation support. Two viable foundation alternatives are available, however, to ensure adequate support. These alternatives are 13 , Mr r.1", complete removal of the landfill materials beneath the structures or a combination of pile foundations and structural floors. The removal of landfill materials with the excavation filled with clean, properly compacted soil would provide adequate support for standard foundations. Based on the above, it is judged that development of facilities or structures which overlay the landfill can be accomplished without subjecting people and structures to significant hazards from earth settlement with implementation of the following mitigation measure. 6. The City shall require that development which overlies the former landfill is provided protection from earth settlement by providing adequate foundation support for structures and parking facilities. This shall be accomplished by requiring site and project specific geotechnical and structural engineering studies. The recommendations provided in these studies shall be made conditions of approval of these projects. Should the measure chosen be removal of the unsuitable material,the City shall require that the excavated material be disposed of in a proper manner at a site licensed for such disposal. The EIR did not specifically address development of structures at the landfill site. It did, however, identify the irregular collapse of filled material and the unsuitability of the site for development without implementing remedial measures to stabilize the soil onsite. It is therefore concluded that Mitigation Measure #6 above is consistent with the evaluation and determination provided in the EIR. 2. Air Ouali a. The EIR prepared for this project evaluated the potential impacts to air quality from development of the Centre. That document projected the volume of emissions that development of the site would produce. Those emissions were both stationary emissions from the site and mobile emissions generated by vehicles using the site. The EIR determined that development of this project would not cause significant unavoidable adverse impacts to air quality. Since preparation of that document, a substantial number of changes have occurred in the methods of evaluating potential air quality impacts associated with development. The project site is located within the South Coast Air Basin (SCAB). Air quality management and permitting authority within the SCAB is vested with the South Coast Air Quality Management District (SCAQMD). The SCAQMD has over the years developed guidelines for air quality evaluations in environmental documents to ensure uniform and adequate air quality evaluations. The Air Quality Handbook for preparing Environmental Impact Reports, revised 1987 (Handbook) provides a definition of significance for use in evaluating potential impacts. This is achieved by establishing threshold criteria for emissions and land uses. These threshold criteria establish limits, which if exceeded by a project, indicate a potentially significant air quality impact. 14 TDA MM M,M3 O Table I of the Handbook provides the recommended threshold limits for land uses. Those applicable to this project are: Use Threshold Level This Project Parking 250 spaces ±5,000 spaces Office Building 100,000 sq. ft. ±2,250,000 sq. ft Regional Center 6 acres 153 acres Theater 900 seats 1,800 seats Vehicles 2,000 trips/day ± 25,000 trips/day As can be seen, this project exceeds threshold criteria in many categories and would normally be considered significant. The City's 1989 General Plan includes an Air Quality Element which establishes objectives and policies that are intended to improve air quality by incrementally reducing emissions within the City. The following General Plan Objectives and Policies apply to this project. Objectives It shall be an objective of the City of San Bernardino 10.10 Reduce the emission of pollutants including carbon monoxide, oxides of nitrogen, photochemical smog, and sulfate in accordance with South Coast Air Quality Management District (SCAQMD) standards. Policies It shall be the policy of the City of San Bernardino 10.10.1 Prohibit the development of land uses(e.g.heavy manufacturing)which will contribute significantly to air quality degradation, unless sufficient mitigation measures are undertaken according to SCAQMD standards (110.17). 10.10.2 Require dust abatement measures during grading and construction operations (I10.17,110.21). 10.11.8 Require new development to implement or participate in transportation demand management programs which provide incentives for car pooling,van pools,and the use of public transit and employ other trip reduction techniques (consistent with the Circulation Element and South Coast Au Quality Management Plan) (110.70). 10.11.13 Provide incentives for existing buildings to retrofit and require new buildings to incorporate low polluting energy systems (110.27). 15 m MW x.�rl 0 Objective It shall be the objective of the City of San Bernardino to: 10.11 Reduce the amount of vehicular emissions in San Bernardino. Policies 10.11.1 Promote a pattern of land uses which locates residential uses in close proximity to employment and commercial services and provides,to the fullest extent possible,local job opportunities and commercial service to minimize vehicular travel and associated air emissions (110.17 and 110.19). 10.11.2 Designate lands for the development of new uses which increase the jobs-housing balance, to the fullest extent possible (110.17). 10.11.5 Facilitate the development of centralized parking lots and structures in commercial districts to promote walking between individual businesses in lieu of the use of automobiles. (110.29). 10.11.6 Establish development standards that concentrate new commercial buildings in proximity to existing commercial buildings and pedestrian areas in order to facilitate walking and to reduce vehicular trips (110.16 and I10.28). Implementation Measures Ordinances and Standards Ordinances and Standards I10.16 Building permit applications will include energy calculations pursuant to Title 24 of State law. I10.17 Amend the Development Code to implement the Land Use Plan and policy contained in the Land Use Element which increases the jobs-housing balance and provides for the development of residential uses in close proximity to employment and commercial services. Additionally the Code shall prohibit uses which significantly degrade the air quality (e.g., "smokestack manufacturing"), where mitigation measures are infeasible. I10.19 Review the City's parking ordinance to consider the appropriateness of requiring the common use of parking lots and structures by adjacent independent commercial developments. Development Permit Review 110.20 As a condition of approval for commercial and industrial projects, the City shall institute a Transportation Demand Management Program, in accordance with provisions of the Circulation Element. 110.21 The City shall evaluate the location and air quality impacts of industrial uses and require any necessary mitigation to ensure that they do no adversely affect adjacent residential uses, during the development review process. 16 o The Federal Clean Air Act (1990 amendments) requires designated agencies in areas that do not meet federal air quality standards to develop plans to achieve these standards. The agencies designated in the SCAB are the SCAQMD and the Southern California Association of Governments (SCAG). In an attempt to achieve federal air quality standards, these agencies prepared AQMP's for SCAB in 1979 and 1982. Neither of these plans were able to demonstrate attainment of the air quality standards by the deadline date of December 31, 1987. These two agencies adopted a revised AQMP in March of 1989 which projects attainment of all federal standards by the year 2007. Because air quality impacts in SCAB are directly related to population and the number of miles driven, it is necessary to relate the population growth in the area to employment opportunities within sub regions of SCAB. The rationale for assessing the issue is that population growth in an area should be linked to employment opportunities within sub regions of SCAB, i.e., jobs/housing balance. Population growth at a rate faster than employment opportunities creates greater commuter travel distances and consequently more vehicular emissions. Achieving jobs/housing balance through managed growth can reduce mobile source emissions. The EIR prepared for the original project identified both the projected stationary and mobile source emissions associated with development of the Centre (Appendix G of the EIR). Tables 4 & 6 of Appendix G provide the following data on mobile and stationary source emissions for development Alternative A of Subarea II (Alternative IIA). Alternative IIA more closely resembles this project in area and land use. Pollutant Mobile (tons/day) Stationary (tons/day) Sulfur Dioxide 0.09 0.23 Total Hydrocarbons 0.53 0.01 Oxides of Nitrogen 0.68 0.20 Total Particulates 0.13 0.03 Carbon Monoxide 5.96 0.02 These emissions are based on a project which contained about 3,000,000 sq. ft. of building area generated about 55,600 vehicle trips per day. As can be seen, the most significant source of emissions is mobile sources. The project being evaluated at this time contains about 3,000,000 sq. ft. of building area that will generate about 54,700 vehicle trips per day (see Table 17, Appendix A, Traffic Study of the Development Plan and Issue 9, Transportation/Circulation of this document). Because of the similarities in building area and proposed uses (commercial, industrial, etc.) between Alternative IIA and this project, it is concluded the forecasts made in the EIR adequately evaluate this project. It is also concluded that because this project will generate fewer vehicle trips per day (55,600 compared to 54,700) that impacts from mobile sources will be reduced below that evaluated in the EIR. 17 It is primarily because of the significantly higher volumes of emissions associated with mobile sources that the goals, policies and objectives in the City General Plan's Air Quality Element addresses mobile source emissions (this project does not propose heavy industrial uses). The Air Quality Element was prepared to incorporate applicable portions of the adopted Air Quality Management Plan (AQMP). To be in compliance with the AQMP, guidelines prepared for the Plan call for a finding that a project is consistent with the job/housing balance goals for its subregion. The job/housing performance goals are contained in the Growth Management Plan, which is incorporated into the adopted AQMP. Conformity with these goals would indicate conformity with this portion of the AQMP. Job/Housing balance is defined on Page VII-I of the Growth Management Plan as follows: "Underlying the term Job/Housing balance is the concept that, if an area is balanced, it includes the right number (or balance) of housing and employment opportunities, so that most of the people living in it can work in the area. A balanced region is technically defined as having an employment to housing ratio of 1.27 in 1984 and 1.20 in 2010 (the regional averages). Job-rich subregions have ratios substantially greater than the regional average and housing-rich subregions have ratios substantially lower than the regional average." An evaluation of the Growth Management Plan indicates this project is located within the East San Bernardino subregional area. The Growth Management Plan identifies a 1984 Job/Housing ratio of 0.93 which is significantly below the 1.27 definition of balance. This imbalance is projected to worsen with the ratio dropping to 0.63 by the year 2010. The Job/Housing Forecast lowers housing growth by 13,000 units (unless mitigated) and raises employment growth by 50,000 jobs over the period extending to 2010. Implementation of these goals would bring the ratio to 0.84, still well below the regional balance ratio of 1.20. The proposed project does not contain any residential development. As such, it is in conformity with the Job/Housing Forecast which seeks to lower housing growth. The financial consulting firm of David Taussig and Associates (Taussig) has projected that development of the Centre will result in the creation of between 9,000 and 12,000 new jobs over the next 12 years. The Centre is presently about 27% complete. Data provided by the developer reveals that current tenants at the Centre have relocated to the project from locations within the area (Riverside,Redlands, San Bernardino, etc.) and none of the current tenants, other than the expansion of chain operations (TGI Fridays, Chilies, etc.) are from outside the region. As such, the work force at the Centre is made up primarily of people who previously lived in the region and its development has not significantly induced population or additional housing growth. While future development at the Centre may attract tenants from other regions (Orange and Los Angeles Counties) it is projected that because of the current imbalance in the job/housing ratio, that adequate 18 , M.,aM.M housing and employees are available from the existing and anticipated future population and housing stock. It is therefore judged that development of the Centre conforms to the Job/Housing Forecast which identified a need for 50,000 new jobs in the subregion by creating between 9,000 and 15,000 new job opportunities within the project without generating a significant demand for new housing (18-30% of the new jobs required to meet the Growth Management Plan for the project area. Because one of the primary goals of the job/housing balance is to provide jobs that are closer to the workers thus reducing the number of miles needed for commuting, it is concluded that the Centre conforms to this goal. Regardless of the project's consistency with the jobs/housing goals of the Growth Management Plan, development of this project has and will continue to generate substantial volumes of traffic to the site. Various measures to mitigate long-term emissions associated with development are available. Among the measures identified is a Transportation Demand Management Program(TDMP). TDMP's identify strategies to mitigate congestion and/or air pollution emissions by reducing the number of single occupant vehicles, shifting travel outside the peak commuting periods and increasing the use of alternate commute modes. Implementation of TDMP's provides more efficient use of transportation infrastructure and services by reducing the number vehicles required to satisfy commuting needs. A TDMP is not a substitute for roadway improvements. It is intended to supplement the circulation improvements and reduce the emissions from mobile sources associated with development of the project. To reduce the mobile source emissions associated with this project, the developer shall: 7. Implement the Transportation Demand Management Program included in this Initial Study as Appendix "A". This program responds to SCAQMD Regulation 15 regarding tenant transportation and parking management. This measure is consistent with mitigation provided in the EIR which encouraged the development and use of alternative transportation methods. Development of the Centre will also include the generation of stationary source emissions. Some commercial operations can generate emissions that may require the acquisition of permits from the SCAQMD. Such commercial uses must contact the SCAQMD, identify the level of emissions, and either control potential emissions to acceptable levels or alternatively secure emission offsets in accordance with SCAQMD policies in place at that time. If emissions exceed the level where New Source Review requirements must be met, the emissions must be offset to a point where the SCAB experiences a net air quality benefit. Under these circumstances the review of specific projects by the City, when the development permit or CUP is submitted for review and approval, will determine the need for SCAQMD review. The City review and SCAQMD requirements (rules and regulations) 19 1 Mid Y,afl o will ensure that no significant adverse air quality impact occurs from commercial activities that contain stationary emission sources. No additional mitigation is required for this potential impact. A portion of this project site, about 19 acres, was used previously as a landfill. This landfill occupies portions of Lots 31, 32 and 34 of the site and was operated by the City of San Bernardino from about 1950 to 1958. Landfills generate Landfill Gas (LFG) which is primarily methane gas in low concentration from the decomposition of organic material buried therein. Methane gas is a colorless, odorless, flammable, gaseous hydrocarbon that can migrate through soil from its origin. Adequate gas collection, venting and disposal systems are available to mitigate potential impacts from LFG at the site. It should be noted that because of past activities, LFG can be produced at this site regardless of whether or not the Centre develops. To mitigate the site specific impacts from development of the Centre, the City shall require the the following measures be implemented: 8. The developer shall comply with all applicable portions of the SCAQMD Rule 403 regarding the control of fugitive dust. This shall include the regular watering of disturbed areas both in the morning and afternoon and whenever dust is visibly being generated onsite. 9. The developer shall require the contractor to maintain all construction equipment engines in proper order including proper tuning to manufacturers specifications; 10. The developer shall require the contractor to reduce the area of disturbance to the minimum feasible for specific construction activities; it. The developer shall require the contractor to stabilize disturbed areas with either a hard surface covering or vegetation as soon as possible; 12. The developer shall require the contractor to cease all clearing, grading, earth moving or excavation activities during periods of high winds (greater than 25 mph); 13. The developer shall require the contractor to install adequate erosion control devices to prevent the deposition of sediments on paved surfaces; 14. The site owner shall institute a program of regular private street and parking area sweeping. 15. The City shall require that all permits for stationary source generators of emissions secure the necessary permits from the SCAQMD or other responsible agencies. 16. The site owner shall maintain the existing landfill gas collection, venting and disposal system, in proper operating condition. This system shall continue to meet the requirements of Title 14 of the California Code of Regulations regarding the control of LFG under buildings located on or adjacent to landfills. With implementation of the mitigation outlined above, the proposed project can be developed in full conformance with 1989 AQMP and General Plan. The air quality impacts 20 MD M�".IMJ of the proposed project are considered nonsignificant after construction is completed. Mitigation Measures #8-16 above provide more detail to the mitigation measures provided in the EIR which are provided below and therefore considered consistent with that document and its evaluation of this project. EIR MITIGATION MEASURES a. Using adequate dust control programs during construction with adequate watering during grading and paving and washing construction access roads to reduce dust generation from dirt spilled into traveled roadways. b. Encouraging alternate transportation methods to reduce the dependence on the single passenger automobile, including employer incentives for carpools or vanpools, improved transit service, bikepaths, and flexible work schedules. C. Promoting energy efficiency through co-generation projects for industrial processes,active and passive solar systems for both residential and non-residential uses, requiring energy conserving lighting fixtures, and encouraging non- or low-polluting industries to locate in Subarea 1l. b. The project being evaluated is a development which will be comprised of about 75% office uses, 20% retail and about 5% light industrial/research. These uses are common to many similar developments throughout the region which operate without causing the creation of objectionable odors. Odors generated onsite will be confined to the immediate area of the use (cooking odors from restaurants, possibly odors from research laboratories, etc.) and these odor sources have historically not been objectionable nor have they been generated in significant quantities. In the unlikely event that a use is proposed at the site with a potential to create a significant amount of odor, the City and other responsible agencies will have an opportunity to review and permit that use. Odor control systems are available and at the time of development, adequate measures can be made conditions of approval of the project to reduce potential impacts to a level of non-significance. c. According to data provided on Figure 59 of the General Plan, the project site is not within a high wind hazard area. No other climate effects are predicted for the proposed project based on its small size and lack of components that can change climate. 21 laA Mnd A M3 0 0 3. Water Resources a&c. Development of this project will result in the hard surface covering of much of the site with structures, roads and parking areas. This hard surfacing will reduce the permeability of the site, increase drainage runoff and degrade surface water runoff by some unquantified amount. On August 20, 1992, the State Water Resources Control Board (State Board) adopted the General Construction Activity Storm Water Permit requirement for construction activities within the state. It is the intent of this permit to: 1. Eliminate or reduce non-storm water discharge to storm sewer systems and other waters of the nation; 2. Develop and implement a storm water pollution prevention plan; and 3. Perform inspections of storm water pollution prevention measures (control practices). Permits are required for all storm water discharges associated with a construction activity where clearing, grading and excavation results in a land disturbance of five or more acres. Storm water discharges from a construction activity that results in a land disturbance of less than five acres which is part of a larger common plan of development or sale must also secure a permit. It is the intent of this permit and associated plan to control the discharge of pollutants into storm waters. To reduce potential impacts to a level of non-significance, the following measures shall be implemented: 17. The developer shall rile a Notice of Intent to Comply With the Terms of the General Permit to Discharge Storm Water Associated with Construction Activity (NOI) and secure a General Construction Activity Storm Water Permit prior to commencing any land disturbance activities which require such a permit. This shall include preparation and implementation of a Storm Water Pollution Prevention Plan (SWPPP) that complies with State Board guidelines and criteria. 18. After construction, onsite private street and parking lot sweeping shall be maintained to reduce the accumulation of urban waste and sediments. 19. Special design and engineering considerations shall be made to parking lot design to catch,filter and reduce the discharge of supernatant liquids, entrained sludge, urban waste and sediments where feasible. These considerations shall include the potential use of infiltration trenches to filter wastes from drainage Bows. Use of such devices shall be implemented when soil conditions and drainage patterns and volumes warrant their use. A regular cleaning program of such parking lot devices shall be made after each major storm and at monthly intervals during the months of April through October. 20. Iandscape design criteria shall be coordinated with engineering drainage plans to initiate the following objectives: hardscape areas should use pervious paving materials; turf areas should utilize swale designs to slow runoff and maximize infiltration;roof leaders in buildings shall discharge to pervious areas,greenbelts and seepage pit areas where feasible;landscape areas shall be bermed to contain on- site water with special overflow systems designed into the landscape area systems; small landscaped areas such as planters,tree well and medians shall be designed so no automatic irrigation water flows 22 1DA Mart!M.IM O off the planted areas; automatic irrigation systems will be required and will include water conserving control systems and shall be adaptable to the requirements of the changing seasons. Almost all drainage infrastructure improvements for this project have been installed by past construction activities. No new significant drainage improvements are proposed by this project and it is therefore concluded that continued development does not have the potential to significantly alter present drainage patterns. b. As previously stated, almost all drainage improvements at this site have been installed by past construction activities. As such, future development will have no potential to significantly alter the course or flow of flood waters or drainage patterns. These improvements were evaluated in the EIR and determined to be non-significant. Because no new improvements and impacts can be identified, no mitigation is proposed. d. This project presently is and will continue to be supplied water and sewage treatment services by the City of San Bernardino. No onsite, subsurface waste disposal either occurs now or will occur in the future and no direct withdrawals from the groundwater basin are proposed by this project. The EIR prepared for the Redevelopment Project did not identify any potentially significant adverse impacts to ground water quantity or quality from implementation of that project. The project being evaluated at this time is substantially the same as the project evaluated in the EIR. Based on available plans, no proposed uses on the site have a potential to adversely affect ground water resources. Should such a use be proposed in the future, the City, as well as responsible state and federal agencies, have the ability to ensure the safety of such a use during the review and permitting process. Development of the portion of the site which overlays the former landfill does have some potential to degrade groundwater quality. This potential could result from landscape irrigation water infiltrating the landfill material and generating leachate which could adversely affect groundwater quality. To mitigate potential impacts to groundwater quality, the City shall make the following measures conditions of approval of this project. 21. Landscape irrigation containment structures similar to those in use at the existing one story buildings constructed partially over the landfill shall be installed at future building sites in Lots 31,32 and a portion of Lot 34. These structures shall drain irrigation water away from the landfill toward the parking structures to reduce the potential for water infiltrating the landfill material. 22. The City shall require that developers of the project secure all needed permits from the Regional Water Quality Control Board relative to leachate control and groundwater monitoring. Obtaining these permits and implementation of the conditions of these permits will reduce potential impacts to a level of non-significance. 23. To mitigate potential impacts to groundwater quality and quantity from potential land uses on other 23 ' Mr Mam portions or the site,the City shall require that all permits needed for each activity proposed onsite be secured by the developer (Regional Water Quality Control Board, SCAQMD, Health Departments, etc.). The quality of surface water runoff degrades by some unquantifiable amount when land use is changed from open space to commercial. Numerous studies have shown that non-point source urban pollutants have a detrimental effect on water quality. Commercial areas generate automobile by-products from parking areas. The impact to short-term local surface water quality can be significant from initial storm runoff (shock load). This project, however, is located in an urbanized area where most of the drainage water is carried in paved road sections and the quality of that water is already significantly degraded. Implementation of this project will contribute to the degradation of surface water in the region but, based on this project's size relative to the total urbanized drainage area, that contribution is judged to be non-significant. Some short-term potential for the degradation of surface water will exist during construction activities from the accidental release of petroleum products. This potential is judged to be non-significant based on the small quantities of these products that will be kept onsite at any given time and the ability to clean up small areas of contaminated soil. To further reduce these potentially non-significant impacts, the mitigation measures identified in Item "a" above shall be implemented. In addition to these measures, the applicable mitigation measures provided in this IS in Section ll.a.4, Water, shall be implemented. e. This project is shown as being adjacent to the inundation area for the 100-year flood along both the Santa Ana River and San Timoteo Creek on the Flood Hazard Map of the City's General Plan. The EIR for the Redevelopment Project evaluated the potential for that project exposing people and property to flood hazards. The EIR determined that development of the Centre would not expose people or property to flood hazards with implementation of the mitigation measures provided in that document. Past development activities at the site have installed most of the flood control improvements (mitigation measures) identified in the EIR as needed to reduce the potential for exposing people and property to flood hazards to a non-significant level. Because the project being evaluated at this time is substantially the same as the project addressed in the EIR, it is judged that the EIR adequately evaluated potential flood hazards and the mitigation measures provided therein are sufficient to mitigate the potential flood hazards associated with development of this project. The following Mitigation Measures from the EIR are required for continued development of the Centre and are included in this document: 24 mA Ma a.1r3 o EIR MMGA77ON MEASURES 24. Design and installation of adequate onsite drainage amenities shall be required as part of the project review process. 25. Site grading shall be required that will ensure adequate drainage to street areas rather than neighboring areas. 26. All building structures shall be protected against a 100-year flood, elevation of first floors should be a minimum of one foot above the 100-year flood elevation. 27. Al least two routes of ingress and egress to the development shall be available during a 100-year flood. 28. The foundation designs for all structures shall be based on detailed soils and engineering studies. 4. Biological Resources a&b. The EIR prepared for the Redevelopment Project evaluated the potential impacts to biological resources onsite from development of that project. Because of the highly disturbed nature of the site, the only potentially significant resource identified was the riparian habitat located along the Santa Ana River. This determination is verified by the Natural Resource Element of the City's General Plan (Figure 40) which does not identify any sensitive biological elements on the project site (plant or animal). Potentially, the Marsh Sandwort could occur in marsh-land associated with the Santa Ana River and San Timoteo Creek. These areas, however, are not designated for disturbance and, therefore, the project does not have the potential to impact this sensitive plant species. This was also the conclusion reached in the EIR which contained the following mitigation measure: EIR MI77GA77ON MEASURE 29. Throughout the remaining planning and design stages of the project, the riparian vegetation within the Santa Ana River wash shall continue to be preserved due to its status as being representative of a very limited vegetation type. Should future development at the Centre result in the need to disturb stream channel habitat, the EIR requires that the developer notify the State Department of Fish and Game (DFG) of any proposed alterations to drainage prior to initiating such activities. Typically, after receiving notification of such activities, DFG requires that a Streambed Alteration Agreement under Section 1603 of the State Fish and Game Code be secured prior to allowing alteration of the streambed. These permits are issued with conditions that must be implemented by the permittee to mitigate potential impacts from the streambed alteration activities. Additionally, because these channels are shown as blue line streams on the USGS San Bernardino South 7 t/2 minute topographic map they may be considered waters of the United States, the developer shall notify or secure a Section 404 permit from the US Army Corps of Engineers prior to disturbing these channels. (See Mitigation Measure #3 of this IS and biology mitigation measure in the EIR). 25 lDA Mb M,11"1 Based on the above, it is judged that the EIR adequately evaluates potential impacts to biological resources from development of the project proposed at this time and that the mitigation measures provided therein are adequate to reduce potential impacts to a level of non-significance. c. This project does not propose to remove any mature trees. 5. Noise Community noise levels are commonly expressed in decibels on a scale which averages noise levels over a 24-hour period and accounts by a weighting or penalty factor for the greater importance of noise intrusions at night. The two such noise measures in common use in California are the Community Noise Equivalent Level (CNEL) and Day-night level (Ld„). These two measures are numerically equivalent within 0.5 decibel (dB) for most urban traffic noise situations. The EIR identified existing ambient noise levels at the site of between 60 and 70 CNEL. Aircraft using Norton Air Force Base cause noise levels on the portion of the site nearest the Base approach to exceed 60 CNEL. Portions of the site adjacent to I-10 experience noise levels that exceed 70 CNEL. Additionally, the EIR identified potential long-term project-related impacts from operation of the heliport and the additional traffic generated by the development. The EIR determined that noise generated by operation of the heliport would result in noise levels of less than 65 CNEL offsite. Short-term noise impacts from construction activities were also evaluated in the EIR. These short term impacts were judged to be non-significant with implementation of the mitigation measures provided in that document and below. Data provided in Table 3 of Appendix "H" of the EIR reveals that the 70 CNEL noise contour occurs on the roadways of Waterman and Tippecanoe Avenues and 267 feet from the right-of-way of I-10. Table 5 of Appendix "H" projected that development of the Redevelopment Project would increase CNEL noise contours a maximum of 2.6 dBA along Waterman Avenue, between 2.0 and 3.4 along Tippecanoe Avenue and 0.6 dBA on I-10. Based on the existing and proposed uses of the site, adjoining land and the existing noise levels in the vicinity of the project, the EIR determined that development of the Redevelopment Project would not significantly increase existing noise levels or expose people to unacceptable interior noise levels with implementation of the mitigation measures provided in that document. Since preparation of that document, the City has adopted a new General Plan which establishes land use designations for property within the City. Additionally, Tables 36 and 37 of the General Plan identify existing and anticipated future noise levels along roadways in the City. 26 Land use designations along the two primary access routes to this project are almost exclusively commercial/industrial and public facility (Norton Air Force Base) with a few residential uses identified. Data shown on Table 36 for existing noise levels along Waterman Avenue and I-10 agrees with data provided in the EIR. No data for Tippecanoe Avenue is provided in the General Plan. The General Plan forecasts that at buildout of the Plan, noise levels along Waterman Avenue will increase about 3.4 dBA and about 1.1 DBA along I-10. This means the project related noise increase forecasts in the EIR (2.6 dBA along Waterman Avenue and 0.6 dBA along I-10) fall within the levels forecast by the General Plan and evaluated in the EIR prepared for the General Plan. The City of San Bernardino has also adopted Land Use Compatibility for Community Noise Environment Guidelines (Figure 56 of the General Plan). These Guidelines identify exterior noise levels to 70 CNEL, dB as normally acceptable and to 77 CNEL, dB as conditionally acceptable for office, commercial and professional uses. Based on the above data, it is judged that the proposed use of this site is compatible with these noise guidelines. It is also judged that continued development of the Centre will not significantly alter existing noise levels or expose people to severe noise levels in the long term with implementation of the mitigation measures identified in the EIR and below. It is also judged that because of the similarities between these two projects, the EIR adequately evaluated the project proposed at this time. As previously stated, areas immediately adjacent to construction activities will experience short-term increases in noise levels. These increases will be daytime only for normal construction activities. Construction noise impacts from the project will be limited in duration and will not be loud enough to pose a threat to hearing. Community noise equivalent levels (noise energy averaged over the period of concern) adjacent to construction activities can be expected to be from 70-80 dBA. Because these noise impacts are short-term and will not cause health impacts, they are not considered significant. Implementation of the mitigation measures proposed below will further reduce the community noise impact below a level of significance. EIR MI77GA77ON MEASURE 30. The applicant shall ensure that all construction equipment be operated with mandated noise control equipment (mufflers or silencers). 31. Construction activities shall be restricted to the hours between 7 a.m. and 6 p.m. 27 ,n Mr M M*3 © 0 32. The City shall review each project proposed to determine its compliance with applicable noise standards and establish conditions or approval that adequately mitigate potential noise impacts. It should be noted that existing ambient noise levels on portions of this site and adjacent property already exceed the noise levels projected for construction activities (see Table 36 of the City's General Plan. 6. I-and Use a. The EIR prepared for the Redevelopment Project determined that the proposed project was consistent with the General Plan Land Use Designation for the site ("General Industrial"). General Plan Amendment No. 53 approved by the City Council in February 1982 removed the "Airport" designations from the site and replaced it with a General Industrial designation. The EIR judged that development of the Centre had no potential to cause a significant adverse effect on Land Use because the project was consistent with the existing land use designations. Since adoption of that EIR, the Centre has undergone development and a new General Plan has been adopted by the City (June 1989). This new General Plan acknowledges development of the Centre and identifies the project as a "highly viable commercial concentration". The Land Use Plan of the new General Plan designates the site CR-3 (Commercial Regional - Tri City/Club) District. This land use district was created specifically for this project and other commercial projects located on Hospitality Lane and south of the I-10 Freeway along Redlands Boulevard and Caroline Street. Development of the Centre as proposed is, therefore,judged to be in substantial conformance with the City's General Plan. It is the intent of the applicant to develop this site as a mixed-use business park with uses which are generally consistent with the Commercial Regional (CR-3) land use designation and specifically in accordance with the standards and requirements contained in the Land Use Plan and Design Guidelines (Development Plan). The uses provided in the Development Plan differ somewhat from those allowed in the CR-3 district. The Development Plan does not include all the uses allowed in the CR-3 district and is, therefore, considered more restrictive. To accomplish this, the applicant has requested a Development Code Amendment (#92-13) which, if implemented, would establish the Tri-City Corporate Centre Overlay District in Chapter 19.11 of the Development Code. This amendment will not alter current land uses or densities allowed by the General Plan, but will provide greater detail on the design criteria and guidelines for this project. As such, this amendment is judged to have no potential to affect this project's consistency with the General Plan's Land Use Designation of the site. p 28 m Mw Y,nn 0 0 Other actions requested by this project include approval of Development Agreement#92-01 (Agreement) and Conditional Use Permit (CUP) #92-33. The Agreement provides the developer with a vested right to proceed with development of the project in accordance with the approved Development Plan and the CR-3 land use designation for the site. Implementation of this Agreement and the Development Plan will not alter land uses designated on the General Plan, only vest the developer with a right to develop a project that is judged to be consistent with the General Plan and provide the City with a comprehensive master plan for development of the site. Section 1.17.20 of the City's General Plan requires that all structures in excess of four stories or 52 feet in height must secure a Conditional Use Permit prior to development. CUP #92- 33 covers all structures over four stores or 52 feet in height shown in the Tri-City Corporate Centre Development Plan. This CUP will assure the developer the right to construct such structures as they appear on the Development Plan. Approval of CUP #92-33 is viewed as being consistent with Section 1.17.20 of the City's General Plan and will not alter planned uses of the site designated in the General Plan. Each building will undergo review and approval under the Development Permit process prior to approval for construction. The EIR evaluated three development alternatives for the Redevelopment Project covering Subarea II. These alternatives identified different mixes of commercial/industrial uses. A comparison of these uses was provided in the EIR and is included in this document as Table 1. Table 1 reveals that a range of between 3,021,500 sq.ft. (Alternative A) and 3,586,190 sq. ft. (Alternative C) of building area was proposed for the site. Alternative B proposed a building area of 3,326,650 sq.ft. Alternative A was the only alternative which proposed more commercial (57%) land uses than industrial (43%). The other alternatives proposed primarily industrial uses which account for about 64% of Alternative B and about 78% of Alternative C. The project being evaluated at this time proposes that about 5% of the building area be devoted to industrial uses and about 95% devoted to commercial usage (office and retail). While these land use changes do have the potential to affect other environmental issues (traffic, air quality, etc), it appears the CR-3 land use designation has the flexibility to accotnmodate a variety of commercial/industrial uses and that the project being evaluated at this time remains consistent with the use of the site designated in the City's General Plan. It should be noted, however, that the range of building area evaluated in the EIR (3,000,000 plus sq.ft.) was for the entire 246.5 net acres. This project proposes to construct about 3 29 l A Mid A.Uri O D million sq.ft. of that building area on about 153 acres. This means that based on the range of building area for the three alternatives evaluated in the EIR, only between about 21,500 sq.ft. to about 586,190 sq.ft of building area will be available to the remaining ± 93.5 acres of buildable area in Subarea II of the Redevelopment Project. Based on the above, it is concluded implementation of the project proposed at this time will not require a change in the land use designation for this site in the City's General Plan and is substantially the same as the project evaluated in the EIR. b. According to data provided on the Land Use Map and the Norton Air Force Base Air Installation Compatibility Use Zone Map, the project site is not within an Airport District. c. The proposed project is not within or near a Greenbelt Zone according to data provided on Figure 61 of the General Plan. d. Figure 61, Fire Hazard Areas, of the General Plan identifies areas of the City which are considered high fire hazard areas. The project site is not located within any of the Fire Hazard Zones which are considered to be of concern (A, B, and Q. 7. Man-Made Hazards The Land Use Plan and Design Guidelines prepared for this project identifies the land uses proposed for the Centre. These uses include commercial, office, research and development, light industrial and manufacturing. Research and development uses at the site are also identified. These uses are not unique to this project and are common throughout southern California without having caused a significant threat to human health or safety. Prior to development of individual projects, these specific uses must undergo project review and approval. This process will provide the City and other responsible agencies the opportunity to establish conditions of approval that adequately mitigate potential health and safety hazards. These conditions will establish design and construction standards, as well as requiring that all necessary permits be secured. Because the potential uses of the site are not unique and occur throughout the City and the region without having caused adverse impacts to human health and safety, it is judged that adequate measures are available to mitigate potential impacts to human health and safety to a level of non-significance. To ensure that these potential impacts are mitigated to a level of non-significance, the City shall implement the following measures: 33. The City shall review each proposed activity within this development,including construction plans,to ensure that its implementation does not create a significant threat to human health and safety. 30 l Mud M,IMl 34. The City shall require the developer to acquire permits from other responsible agencies (i.e.SCAQMD, Regional Water Quality Control,etc.),when needed,as part of the building permit process to ensure that proposed facilities meet the design and operation standards of these responsible agencies. 35. Facilities that store hazardous materials or wastes shall provide the City with a business plan which outlines the materials stored, storage containers and locations, and emergency response program in case of accidental release of material. Man-made Hazards were not an issue evaluated in the EIR. 8. trill The project site has not historically been designated or used for residential purposes. Prior to development of the Centre, land uses at the site were sanitary landfill and airport. Present uses at the site are commercial/industrial and vacant land. Based on this data, it is concluded that continued development of the Centre does not have the potential to remove existing housing. The financial consulting firm of David Taussig and Associates (Taussig) has projected that full development of this project will result in the creation of between 9,000 to 12,000 new jobs over the next 12 years. This projection is based on the identified 3,000,000 square feet of building space and an estimated one employee for each 250 square feet of office use and one employee for each 350 square feet of retail and research and development use. This job growth figure results in an average increase in the number of new jobs associated with development of this project of between 750 and 1,000 per year over the next 12 years. Data in Section 2.0, Housing, of the City's General Plan indicates that between 1980 and 1988, the growth in housing supply has kept pace with the population. Both of these figures increased at a rate slightly above 26% during that time period or about 3% growth per year. According to the developer, most of the present tenants of the Centre have relocated to this project from areas within the region (Riverside,San Bernardino, Redlands). New businesses to the area which have located at the Centre have been primarily the expansion of chain operations (TGI Fridays, Chilies, etc.). Because of this, the jobs provided by the tenants of the Centre have been primarily filled by the available area work force or by employees that were with the tenant prior to relocation. Because these tenants and their employees are from the region, little employee residence relocation to the City has occurred. This condition has existed even though the developer has made a strong effort to attract tenants from outside the region (Los Angeles and Orange Counties). Presently the Centre is about 27% constructed and its development has not substantially increased the demand for housing in the City. Should continued development of the Centre begin to attract tenants from outside the region, it is anticipated employees would relocate to the area, but not specifically to the City 31 zw Mud M,un C Q of San Bernardino. Because an adequate housing supply is available throughout the area within a reasonable distance of the Centre (Redlands, Colton, Loma Linda and nearby unincorporated areas) it is concluded that the creation of between 750 and 1,000 new jobs annually at the Centre will not create a significant demand for new housing. See Job/Housing Balance evaluation in Item 3, Air Quality. 9. Transportation/Circulation a. As stated in Item 6a of the Land Use section of this IS, the City's General Plan designates this site CR-3 (Commercial Regional-Tri-City/Club) District. This land use was established specifically for the Tri-City Corporate Centre. The project evaluated in the EIR contained a mix of commercial/industrial uses with the total building area being in excess of 3 million square feet. The project being evaluated at this time exhibits many of the same characteristics. The proposed uses include commercial/industrial activities and the total building area is about 3 million square feet. As previously stated, of the three alternatives evaluated in the EIR, Alternative IIA most closely resembles this project. Alternative IIA contains about 3,000,000 sq. ft. of building area and contains mostly commercial land uses. The EIR projected that Alternative IIA would generate about 55,600 vehicle trips per day. The Traffic Impact Study prepared for this project by Barton-Aschman Associates, Inc. (Appendix A of the Development Plan) identifies a total project PM peak hour vehicle generation rate of 5469 vehicles after implementation of the Transportation Demand Management Program (TDMP or TDM). Mr. Tom Mitchell of Barton-Aschman states that typically, the peak hour traffic rates generally account for about 10% of the total daily traffic generated by residential projects and accounts for between 10% to as much as 15% of total daily traffic volume for commercial uses. The higher percentage rates usually being associated with commercial office uses where employee traffic is concentrated in the morning and evening commute periods and accounts for a higher percentage of the daily traffic volume. Using the most conservative rate of 10%, it is projected this project will generate about 54,690 vehicles per day (5,469/.10). This is considered a worst case evaluation because the PM peak hour has the greatest number of vehicles (AM peak hour 3,599 vehicles) and the use of a higher percentage rate (up to 15%) would in either case result in a substantial reduction in the number of vehicles being generated by this project. An example of this would be the assumption that the PM peak hour represents 12% of the daily traffic volume. This would result in as projected 45,575 vehicles per day (5,469/.12) or about 11,000 fewer vehicles per day. Because this project will generate fewer vehicle trips than Alternative IIA evaluated in the EIR and because the General Plan's Land Use Designation (CR-3 Tri-City/Club District) was established for the project and site covered by this project, it is concluded this project will not result in an increase in traffic that exceeds that projected for this sites land use designation in the General Plan. 32 ,n M. »,M o b. Proposed future development at this site will require review and approval by the City of specific projects. This review and approval precess will allow the City to require that each use provides adequate parking. By requiring that adequate parking be provided by each development, the City will ensure that this project will not have a significant adverse impact on existing parking facilities. c. Future development of this site will provide uses similar to those already constructed within the project. These uses include offices, commercial activities and restaurants. Data provided in the Traffic Impact Study prepared for this project by Barton-Aschman and Associates, October, 1991 (Traffic Study) indicate that the primary method of access to the site is by way of individual vehicles. This method of transportation accounts for the large volume of traffic associated with this project (See Appendix A of the Plan). Data provided in the Traffic Study indicate the use of public transportation to reach this site appears to be minimal. Because the uses proposed for later development are essentially the same as those presently at the site, it is anticipated that the use of private vehicles will remain the primary method of transportation to the site. This is also the conclusion of the Traffic Study. Based on the above, it is judged that continued development of this project will not have a significant adverse effect on public transportation systems. Because no impacts to public transportation have been identified, no mitigation is proposed. d,fg&h. The Traffic Study prepared for this project (Appendix A of the Development Plan) evaluated existing traffic conditions on roadways affected by this project, as well as evaluating future traffic conditions with development of this project and other projects in the area. The purpose of this study was to determine the adequacy of the existing roadway system to accommodate present and projected future traffic volumes on these roadways. Based on the results of that analysis, the Traffic Study identified methods to mitigate potential impacts from development of this project, identifiable other projects and projected annual growth in traffic volumes. The internal circulation system for the Centre has been constructed by past development at the site and new roadways are not proposed. Access to the site is provided by Waterman and Tippecanoe Avenues. The plan being evaluated at this time also proposes to use these roadways with significant improvements to accommodate the additional traffic volumes. The most significant change to the existing circulation system is the construction of the westbound on-off ramps to I-10 at Carnegie Drive. The purpose of this improvement is to provide access to the site from I-10 and to relieve traffic congestion at I-10 and Waterman and Tippecanoe Avenues. 33 C Q This new on-off ramp has altered the past circulation pattern near the site, but is judged to provide a positive effect on the system by reducing the volume of traffic on Waterman and Tippecanoe Avenues and improve the level of service on these roadways. This project does not propose to construct new roadways other than the realignment of the intersection of Harriman Place and Tippecanoe Avenue so that Harriman Place aligns with Laurelwood Drive. Rather, it will use the existing system with improvements to these roadways. New on-off ramps were constructed on I-10, but these ramps connect to an existing roadway (Carnegie Drive). Because no new roadways are proposed, it is concluded that development of the site has no potential to cause a disjointed pattern of roadway improvements. It should be noted that development of the Centre will contribute to the need for construction of two regional roadway improvements. These improvements, the extension of Orange Show Road to Waterman Avenue and a north-south arterial to be located between Waterman Avenue and Tippecanoe Avenue have been identified by the City as being required to meet future demands on the regional transportation system. The analysis in the Traffic Study assumed these roadway improvements were in place when evaluating this projects potential impacts to the roadway system. This project is located in a portion of the City which is designated almost exclusively for commercial/industrial uses and virtually no residential development exists. As a consequence, very little bicycle traffic occurs either at or in the vicinity of the project. Because future uses are essentially the same as current uses, it is concluded that continued development of the site will not adversely affect such traffic. Businesses located in the area (the Centre and Hospitality Lane) provide their own parking facilities. Pedestrian traffic is primarily confined to the parking areas and little pedestrian activity occurs on the roadways. Continued development will include the provision of adequate parking onsite to minimize the need for pedestrians to use the roadway system. Based on the above it is concluded this project will not result in a significant hazard to pedestrians. The Traffic Study states that the area circulation system is very urban in nature, with many intersections experiencing substantial congestion during peak periods. Because of this congestion,the City of San Bernardino Engineering/Public Works Department has identified Level of Service (LOS) D as a goal for all signalized intersections in the study area. Continued development of the Centre and other projects along with normal annual traffic growth will result in the generation of substantial volumes of additional traffic and cause a deterioration in the level of service on area roadways. It is projected by the Traffic Study that even small increases in traffic volumes in the project area will likely cause a further deterioration in the LOS of area roadways. The Traffic Study redistributed existing peak-hour volumes based on the identified ramp modifications. This PM peak-hour capacity analysis identifies three intersections that 34 �b.M3 I� 1 3 Land Use Category A`" Peak Hours I Peak Hours (trios per) In Out In Out Daily High Density Residential (DU) . 2 . 4 . 5 . 2 7. 0 Industrial (TSF) . 9 . 2 . 2 . 9 5.5 Corrnercial/Office (TSF) 2 . 0 . 3 . 3 2. 0 20 . 0 Retail Corru,ercial (TSF) . B . 4 2 . 1 ( 2 . 1 40 . 0 Public (AC) 2. 0 1. 0 1 . 0 2. 0 12. 0 Hotel (Room) . 5 . 3 . 36 . 37 10 . 5 TRIP GENERATION RATES Tom Dodson & Associates environmental consultants Source: Tri-City Redevelopment EIR TABLE 2 35 presently require improvements to meet the adopted LOS D standard. These intersections are: Waterman Avenue and Hospitality Lane; Tippecanoe Avenue and Harriman Place; and Hospitality Lane and Carnegie Drive (I-10 ramps). To evaluate potential impacts to the roadway system from development of this project and the area in general, data was collected from a variety of sources including extensive field measurements of existing traffic on project roadways. For details of the data collection and analysis, the reader is referred to Appendix A, of the Land Use Plan and Design Guidelines. The analysis provided in the Traffic Study was based in part on the following assumptions: 1. The proposed changes to the configuration of the Waterman Avenue/I-10 interchange, including the relocation of west-bound on/off ramps to Carnegie Drive, are in place in 1992. This has been completed; 2. The extension of Orange Show Road to Waterman Avenue is completed by 1997; 3. The north-south arterial shown on the City's General Plan to be located between Waterman and Tippecanoe Avenues shall be in place by the year 1999, or when determined necessary by the City's Engineering/Public Works Department; 4. The intersection of Harriman Place and Tippecanoe Avenue is realigned northerly to align with Laurelwood Drive in 1992 or when determined necessary by the City's Engineering/Public Works Department. This improvement has not been completed at this time; 5. The south-bound lanes on Waterman will be restriped to three lanes in 1992. This has been completed; and 6. That about 15% of the maximum buildout potential of the surrounding planning areas was used for related development would occur by the Centre buildout year 2004. These roadway improvements are shown on Figure 3. Because this project is phased, the Traffic Study, evaluated potential traffic and circulation impacts to the roadway system on a per phase of development basis. To identify anticipated traffic volumes, the Traffic Study established traffic generation rates for the various proposed land uses. This allowed the identification of impacts and mitigation measures based on traffic volumes. This method of analysis provides more flexibility in the specific uses proposed for each phase of development and ensures that roadway improvements are constructed when they are needed. 36 "A M. M,m) Orange Show Road N Q I 1 Phas___e w1 4-6 QI � = 1 N 01 O L V) a BRIER DR. 10 Q - 1 ¢ 1 a o ; � 1 w 15 1 6 11 a VANDERBILT GPP� 1E D g < 1 WAY �� O a U 6 a 2 HOSPITALITY 14 HARRIMAN PL. a 4 1 3-Phase 1-6•,�.� 12 v �r INTERSTATE 10 13 5 REDLANDS BLVD. EXISTING ROADS -------- PLANNED OR PROGRAMMED ROADWAYS ROADWAY TO BE REMOVED OR RELOCATED ® 2 STUDY AREA INTERSECTIONS SCHEMATIC OF FUTURE ROADWAY Tom Dodson & Associates CONFIGURATION environmental consultants Source: Barton-Aschman Associates Inc. FIGURE 3 37 0 Trip generation estimates in the Traffic Study were adjusted downward to compensate for long-term trip reductions associated with implementation of the Transportation Demand Management Program(TDMP). A conceptual TDMP which is consistent with Section 16.22 of the General Plan is provided in Attachment 'B", of this Initial Study. These TDMP reductions were initiated in Phase 3 of development. Based on data provided in the Traffic Study, it is judged that development of the Centre can continue without causing a significant adverse effect on the areas transportation system including bicycle and pedestrian traffic with implementation of the mitigation measures provided in that study which are included in this document. These measures, when implemented, will provide acceptable levels of service on roadways for traffic generated by this project and traffic associated with the projected annual background traffic growth rate. These measures, however,will not mitigate the potential impacts from development of other large projects in the area that would exceed the 15% maximum buildout of the planning area before the year 2004 and, consequently, produce traffic volumes above that projected in the Traffic Study. The timing for implementation of the identified mitigation measures is dependent on new traffic generated by this development when combined with projected background traffic volumes. While the following measures are identified on a phase and year basis, the actual triggering mechanism for implementation of the mitigation measures will be the generation of the vehicle trips identified in the mitigation measures provided below. To ensure that adequate mitigation for projected related impacts to traffic impacts is implemented, the City shall make the following measures shall be made conditions of approval of this project. 36. a. At the time of Phase 1 development or when um development at the Centre results in the generation of an additional 2033 vehicle trips in the PM peak hour above current levels, the site developer shall construct the following unless already installed: Watr Avenue and Hospkaffty Lane (WA) Northbound: Add a second exclusive right turn lane. (WA Southbound: Add a third through lane. (HL) Westbound: Add a second left turn lane. Restripe for one (1) through lane. Restripe for one (1) exclusive right turn lane. Hospitality Lane and Camegie Driw/610 Ramps (HL) Eastbound: Add a second through lane. (HL) Westbound: Add a second left turn lane. Tippecmioe Avow and 1-10 Westbound Ramps (TA) Southbound: Add one (1) exclusive-free right turn lane. 38 ,ra. M. w.vn (TA) Northbound: Restripe middle lane for shared left and through lane. Tippecanoe Averuae and 1--10 Eastbound Ramps (TA) Southbound: Restripe middle lane for shared left and through lane. b. At the time of Phase 2 development or when new development at the Centre results in the generation of an additional 964 vehicle trips in the PM peak hour above levels identified in Mitigation Measure 36.a or when determined necessary by the City's Engineering/Public Works Department, the site developer shall construct the following unless already installed: Carnegie Drive and VandeabiU Way Signalization of the intersection. Hospitality Lane and Hammon Place Signalization of the intersection. At the time these measures are implemented, or when determined necessary by the City's Engineering/Public Works Department, the site developer shall contribute its fair share contribution for the following improvements. The amount of this contribution shall be negotiated between the City and site developer and shall be based on this projects contribution to the identified impact: Waterman Avenue and Redlands Boulevard (RB) Eastbound: Add a second left turn. (RB) Westbound: Add a second left turn. Tippecanoe Avenue and Hammon Place (HL) Eastbound: Restripe to provide one (1) shared left-through lane, and one (1) exclusive right turn lane. C. At the time of Phase 3 development or when new development at the Centre results in the generation of an additional 654 vehicle trips in the PM peak hour above levels identified in Mitigation Measure 36.b or when determined necessary by the City's Engineering/Public Works Department, the site developer shall construct the following unless already installed: Waterman Avenue and Vanderbi t Way (WA) Northbound: Convert the exclusive right turn lane to a shared right turn-through lane. Transition north of intersection. Carnegie Drive and Hospitality Lane/7-10 Ramp (CD) Southbound: Add a second through lane. At the time these measures are implemented, or when determined necessary by the City's Engineering/Public Works Department, the site developer shall contribute its fair share 39 Mr Mr ",M3 contribution for the following improvements. The amount of this contribution shall be negotiated between the City and site developer and shall be based on this projects contribution to the identified impact- Tippecanoe Avenue and Harriman Place (TA) Northbound: Convert the exclusive right-turn lane to a shared right-through lane. Widen as needed and extend through intersection. (TA) Southbound: Add a second through lane. d. At the time of Phase 4 development or when new development at the Centre results in the generation of an additional 695 vehicle trips in the PM peak hour above levels identified in Mitigation Measure 36.c. or when determined necessary by the City's Engineering/Public Works Department, the site developer shall contribute its negotiated fair share contribution for the following improvements and shall be based on this projects contribution to the identified impact: Walemtan Avenue and Hospitality Lane (HL) Eastbound: Add a second exclusive right turn lane. Tippecanoe Avenue and 1-10 Westbound Ramps (TA) Southbound: Add a third through lane. (TA) Tippecanoe Avemae and 1-10 Eastbound Ramps Northbound: Add one (1) exclusive right turn. The mitigations recommended for the Tippecanoe and 1-10 interchange will require widening of the existing five (5) lane cross section of Tippecanoe Avenue under the bridge, to six (6) lanes. Field observations have identified that curbed sidewalk areas of approximately ten feet (10') in width exist along both sides of the road under the bridge structure. These areas can be cut back on both sides to yield the additional lane. The adequacy of these measures is dependent upon the following improvement being constructed by the City or others at this time. Omage Show Road Constructed to its full General Planned width between Arrowhead Avenue and Waterman Avenue. Should this roadway not be constructed,no building permits for Phase 4 or later development phases shall be issued until a revised traffic impact analysis (TIA) is prepared which evaluates the impacts to the roadway system from continued development without installation of the Orange Show Road extension and which also identifies adequate measures to mitigate impacts to acceptable levels on affected roadways. 40 TDA MW X.1"3 e. At the time or Phase 5 development or when new development at the Centre results in the generation of an additional 668 vehicle trips in the PM peak hour above levels identified in Mitigation Measure 36.d. or when determined necessary by the City traffic engineer, the site developer shall contribute its fair share contribution for the following improvements and shall be based on this projects contribution to the identified impact: Waterman Avenue and Hospitality Lane (HL) Eastbound: Add a second through lane. (HL) Westbound: Add a second through lane. Camegie Drive and North South Arterial Signalization of the intersection. The adequacy of these measures is dependant upon the following improvement being constructed by the City or others at this time. The North-South arterial to the project boundary shown on the City's General Plan as situated between Waterman Avenue and Tippecanoe Avenue. Should this roadway improvement not be constructed, no building permits for Phase 5 or later development phases shall be issued until a revised TIA is prepared which evaluates the impacts to the roadway system from continued development without installation of the "North-South Arterial"identified above. This study shall also identify adequate measures to mitigate impacts to acceptable levels on affected roadways. This projects fair share contribution to the construction of the North-South arterial shall be dedication of right of way and the construction of roadway improvements for that portion of the North-South Arterial within the Centre's project boundaries. L At the time of Phase 6 development or when development at the Centre results in the generation of an additional 958 vehicle trips in the PM peak hour above levels identified in Mitigation Measure 36.e. or when determined necessary by the City traMc engineer, the site developer shall contribute its fair share contribution for the following improvements and shall be based on this projects contribution to identified impacts. Waterman Avenue and Redlondt Boulevard (WA) Northbound: Add a thud through lane. (RB) Eastbound: Add one (1) exclusive right-turn lane. Tippecanoe Avenue and Harrinian Place (HP) Eastbound: Add a second exclusive right-turn lane. Tippecanoe Averme and 1-10 Eastbound Ramps (TA) Northbound: Convert the exclusive right-turn lane to a shared right-through lane. 41 MA N. n,un 0 As previously stated, these measures will only mitigate impacts to the transportation/ circulation system if all the assumptions upon which the analysis was based either occur or are implemented in the time frames identified above. It should be anticipated the above measures will not be adequate if the assumptions identified are not implemented. Should any of these assumptions not occur at the identified time, the following measures shall be implemented: 37. The City shall require the preparation of a new traffic impact analysis (TIA) that evaluates the impacts to the roadway system from continued development at the Centre under a revised scenario should any of the assumptions contained in the TIA not be implemented in the manner and the time frames provided in that document. The City shall cease issuing Development Permits at the Centre should any of the mitigation milestones identified in Mitigation Measure#36 not be met. The issuance of Development Permits shall not resume until the revised traffic study containing mitigation measures that ensure an adequate level of service is maintained in affected roadways is approved by the City. 38. Prior to issuance of any Building Permits after completion of the 1.10/Waterman Avenue ramp modifications, the AM and PM peak hour levels of service at regionally significant intersections be monitored to determine their existing level of service designations. Based on the results of that monitoring program, the project related mitigation measures at those intersections should be evaluated to determine their adequacy. This monitoring program could be implemented prior to initiating each phase of development to determine the existing level of service at each regionally significant intersection to determine the adequacy of implemented mitigation measures. Should this monitoring reveal that these measures are not adequate,additional measures shall be established as conditions of approval of future phases of development It should be noted the City is considering adoption of a Congestion Management Plan (CMP) that allows LOS E (roadway capacity) on regionally significant arterials where the existing peak hour level of service is already at E or F. If the City adopts the CMP, it shall evaluate the adequacy of the above mitigation measures and, consequently, the level of service of regionally significant intersections, as well as the projects consistency with the CMP by implementing Mitigation Measure #37 above. f. The project site is not located on an existing rail line or spur and continued development of the site will not alter or affect rail traffic. This project primarily consists of office uses (about 75%)which do not require the delivery of significant volumes of goods. Presently, goods used at the site are delivered by trucks (food and beverages at the restaurants, clothing to stores, etc). Because the uses proposed are similar to the current uses of the site, no change in the method of delivery of goods is proposed and, therefore, no impact to rail traffic can be identified. The project site is not within an Airport District or an Air Installation Compatibility Use Zone (See Item 6b of this IS). Additionally, the uses proposed by this project do not require the use of a significant amount of air traffic. Based on the above, it is concluded that development of this project will not have a significant adverse effect on rail or air traffic. 42 0 Because no impacts to rail or air traffic can be identified, no mitigation is proposed. 10. Public Services a. Fire Protection Fire protection at this site is provided by the City of San Bernardino Fire Department. The EIR for this project determined that the construction and operation of a new fire station onsite, as well as the adherence to applicable fire codes regarding the construction and operation of structures onsite would adequately mitigate potential impacts to fire protection associated with development of the Centre. The fire station has been constructed and staffed and the structures onsite have been constructed and operated in a manner that meets all applicable fire codes. Based on data provided above and in the adopted EIR, it is judged that the EIR adequately evaluated the project proposed at this time and that the measures identified in that document adequately mitigate potential fire protection impacts associated with development of the Centre. To mitigate potential future impacts to fire protection services, the following measures shall be implemented: 39. The City shall continue to man and operate the fire station located onsite to provide adequate rire protection in the project area. 40. The City shall require that all structures proposed at the Centre meet the latest fire codes and regulations regarding type of construction and materials used. This shall be accomplished during the planning process, building plan checks and construction inspections. This review and inspection process shall include implementation of the recommendations and requirements made by the City Fire Department. 41. The City shall ensure that an adequate source of water is available at the site to meet fire flow requirements. This includes adequate transmission facilities (pipes, rire hydrants, etc.) This determination shall be made prior to approving individual projects within the Centre. Should it be determined that existing facilities are not adequate, the City shall include adequate water system improvements in the project conditions of approval. b. Police Police protection to the site is provided by the San Bernardino Police Department. The EIR prepared for the Centre identified a need for one additional beat as a result of development of this project and others in the southerly portion of the City. Funding for police protection is provided annually from budgeting approved by the City Council of San Bernardino. The fiscal impact section of the EIR identified a net fiscal benefit to the City 43 m M„ A M3 from development of the Centre. This fiscal benefit is achieved from increased sales and property taxes collected from the project. This project is substantially the same as the project evaluated in the EIR and, therefore, the potential impact forecast in that document remain substantially the same in this document. The EIR for this project identified mitigation measures which, if implemented,would reduce potential impacts to a level of non-significance. It is judged that these measures are still adequate to mitigate potential impacts associated with development of this project. The mitigation measures provided in the EIR are comprised of recommendations from the Police Department and are combined in the following measure. 42. The City shall incorporate the recommendations of the Police Department regarding building layout, lighting, etc. in the conditions of approval for individual projects at this site. C. Schools This project is a commercial development which will provide goods, services and office space that will cater primarily to the residents of the area in and around San Bernardino. No residential development is proposed by this project. While development of this project may cause some new residents to move to the area, it is anticipated that most of the customers and employees of this project will be from the existing and projected future population of the region. This project is substantially the same as the project evaluated in the EIR. The EIR for this project identified mitigation measures which, if implemented, would reduce potential impacts to school systems to a level of non-significance. These measures, however, all require action by the school district and are beyond the ability of either the City or the developer to implement. Since preparation of that EIR, State legislation has provided for the collection of school impaction mitigation fees from development occurring within school district boundaries. These fees have been judged by the State to be adequate mitigation for impacts to school systems from new development. It is therefore judged that payment of these fees by the developer of this project will adequately mitigate potential impacts to the school system from development of the Centre. 43. Ile developer shall pay required school impaction fees to mitigate potential impacts to the local school system from development or this project. d. Parks/Recreation This project is a commercial/industrial development that does not include residential uses. The project evaluated in the EIR for this site included development of 10 to 15 acres of park land /open space onsite for use by the employees of the project. The EIR concluded that development of the Centre as proposed at that time would not have a significant adverse effect on parks and recreation with or without development of the proposed park/open space. 44 roA M�M.lr) 0 The project being evaluated at this time does not include the park previously proposed. Data provided in Item 8, Housing, of this document indicates that past development at the Centre has not created a significant increase in growth in San Bernardino because most tenants have relocated there from within the San Bernardino area and employee people already located in this region. It was also projected in Item 8 that continued development at the Centre would not substantially alter that condition and induce a significant amount of growth and demand for housing. It should also be noted that this site is located within an area developing with commercial/industrial uses and very little residential usage occurs. As such, there is little demand for parks or open space in this portion of the City. The City of San Bernardino has enacted the state Quimby Act in its Municipal Code. Adoption of that Code allows the City to require dedication of land for park use or the collection of in lieu fees from new residential development. Because the only potential impacts to parks/recreation from development of the Centre is from additional residential growth in the City, it is judged that adequate measures are available to the City through implementation of the Quimby Act to mitigate the potential impacts from continued development of the Centre. e. Medical Aid The EIR prepared for the Centre evaluated the potential impacts to medical aid and hospitals from development of that project. Based on data provided in the EIR, it concluded that the Centre would not have a significant adverse effect on those services. The project being evaluated at this time consists of the same uses and is substantially the same size. The Centre is presently about 27% completed. As stated in Item 8, Housing, present tenants of the Centre are almost entirely comprised of businesses which have relocated there from within the region or are the expansion of existing chain operations. For the most part, employees of these tenants already resided in the area and the business relocation did not result in a relocation of the employees residence. As such, partial development of the Centre has not created a significant demand for housing or induced significant population growth in the City. The project being evaluated at this time is substantially the same as the project evaluated in the EIR. The EIR concluded that hospitals and other medical service facilities in the area have and will continue to expand their facilities to meet future residential medical needs. Based on data provided in the EIR and this document, it is concluded that the evaluation provided in the EIR adequately evaluates the project proposed at this time. Because no new impacts have been identified, no mitigation is proposed. 45 C o f. Solid Waste Continued development of the Centre will result in the generation of substantial volumes of solid wastes. The EIR states that solid wastes enerated at this site will be disposed of % P at landfills owned by San Bernardino County (Colton and San Timoteo Canyon). The EIR (certified in 1983) projected that the Colton landfill had a life expectancy of about 4 years at that time and that San Timoteo had about a 15 year life expectancy. Waste disposal activities in San Bernardino County are overseen by the Solid Waste Management Department (Department). Since adoption of the EIR many changes have occurred relative to the disposal of solid wastes. Among those changes is the preparation of a draft 1990 Update to the Departments Solid Waste Management Plan (Update). In that Update, it is stated that the Colton Landfill now has permitted capacity to accommodate wastes through about the year 1995 (pg. 3-44) while data provided on Table 3-5 of the update indicates that the San Timoteo Landfill has the capacity to accommodate wastes for about the next 20 years or about the year 2010. The EIR projected that buildout of the Centre would result in the generation of between about 120,000 to about 142,000 pounds of solid wastes per day or between 22,000 and 26,000 tons per year. The Update identifies a per capita waste loading rate of 1.73 tons per year for Valley landfills. This method of calculating waste loading rates is solely dependent on population and does not consider varying rates for different land uses (residential, commercial, industrial, etc.). The waste generation rates identified in the EIR are somewhat higher than the rates obtained from using the Update's loading rates and this project's projected number of employees. As previously stated in Section B, Housing, of this document, it is anticipated that buildout of the Centre will result in between 9,000 and 12,000 employees. Using the 1.73 tons per year generation rate, it is projected that this development could generate between 15,000 and 20,700 tons/year (1.73 x 9,000 and 1.73 tons x 12,000). One explanation for those lower loading rates maybe the expanded recycling activities presently occurring at the landfills. These recycling activities have reduced the volume of wastes actually being disposed of by removing recyclables from the waste stream prior to disposal (at this time about 11% of the wastes generated). It should be noted that the Departments method of calculating loading rates (Update) is not well suited for calculating accurate waste loading rates from projects similar to the Centre. Because the Department's rate is based on population, it can overstate the actual volume of wastes generated by people who work at the Centre. This situation occurs because some unquantified portion of the wastes attributed to the Centre's employees is actually generated at their residences and not at the Centre. Additionally, the Update has never been adopted and its method of calculating waste generation rates not approved. Some agencies (County of Riverside in the California Oaks EIR) accept a waste generation rate of 1 pound per day for each 100 square feet of building area for commercial/industrial uses. This method of calculating results in a waste generation rate of about 5,500 tons per 46 l A MW M,M) year at buildout of the Centre (3,000,000 / 100 x 365 / 2,000) or about 1/4 the amount of the wastes identified above. This method is more suited to commercial/industrial projects and is the method which will be used in this document. Presently about 904,000 sq. ft. or about 30% of the project has been completed (904,000 sq. ft, of the proposed 3,012,127 sq. ft.). Using the above waste generation rate, it is projected the Centre is presently generating about 1,520 tons of wastes per year. Assuming that each phase will contribute about the same amount of wastes, it is projected that each phase will generate about 916 tons per year (5,500/6) or a total of 5,500 tons per year at buildout of the Centre. Table 3-5 of the Update identifies a total waste disposal figure of 333,128 tons at the Colton Landfill for the year 1988. Additionally, data provided on Table 2-5 of the Update reveals that waste loadings at Valley landfills have increased by about 3%per year. Using this data, it is projected that in 1992, the Colton Landfill will dispose of about 375,000 tons of solid wastes. In that same year, development of the next phase of the Centre will contribute about an additional 916 tons to that projected tonnage or about two tenths of one percent of the anticipated disposal rate (916/375,000 = 0.002). Based on the projected closure date of the Colton Landfill (1995), it is anticipated that some or all of the wastes generated at this facility will ultimately be disposed of at the San Timoteo Landfill. According to data provided on Table 3-5 of the Update, it is projected the San Timoteo Landfill will be accepting about 248,000 tons per year in 2004 (154,522 tons x a 3% increase in the disposal rate for 16 years). Based on these projections, it is anticipated that Tri-City could contribute about 2% of the wastes being disposed of at the facility in the year 2004 (5,500/248,000). According to Table 3-5, the San Timoteo facility has a remaining capacity to accommodate about 5,447,000 tons as of January 1989. This represents a remaining capacity of about 15-20 years. While continued development of the Centre will contribute to the ongoing increase in solid waste generation and, therefore, contribute to the continued exhaustion of available landfill capacity, it is concluded that the Centre's contribution will be non-significant based on both the current and projected future volume of wastes being disposed of at the identified landfills. To further reduce these potentially non-significant impacts, the City shall require the developers to initiate the following measure. 44. The developer shall work with the County Solid Waste Management Department to develop a program for tenants of the Centre that will provide recycling capability at the Center consistent with Department programs. This program shall include the identification of recyclable materials (white paper, aluminum, glass, newsprint, plastic, etc) as well as identifying methods of collection and disposal. This program shall also identify Nose substances (toxic and hazardous) which require special disposal methods and sites. The identification of the appropriate means of disposal of these substances shall be included in the program. 47 m. ApA 1.M3 C o year at buildout of the Centre (3,000,000 / 100 x 365 / 2,000) or about 1/4 the amount of the wastes identified above. This method is more suited to commercial/industrial projects and is the method which will be used in this document. Presently about 832,500 sq. ft. or about 27% of the project has been completed (832,500 sq. ft. of the proposed 3,012,127 sq. ft.). Using the above waste generation rate, it is projected the Centre is presently generating about 1,520 tons of wastes per year. Assuming that each phase will contribute about the same amount of wastes, it is projected that each phase will generate about 916 tons per year (5,500/6) or a total of 5,500 tons per year at buildout of the Centre. Table 3-5 of the Update identifies a total waste disposal figure of 333,128 tons at the Colton Landfill for the year 1988. Additionally, data provided on Table 2-5 of the Update reveals that waste loadings at Valley landfills have increased by about 317c per year. Using this data, it is projected that in 1992, the Colton Landfill will dispose of about 375,000 tons of solid wastes. In that same year, development of the next phase of the Centre will contribute about an additional 916 tons to that projected tonnage or about two tenths of one percent of the anticipated disposal rate (916/375,000 = 0.002). Based on the projected closure date of the Colton Landfill (1995), it is anticipated that some or all of the wastes generated at this facility will ultimately be disposed of at the San Timoteo Landfill. According to data provided on Table 3-5 of the Update, it is projected the San Timoteo Landfill will be accepting about 248,000 tons per year in 2004 (154,522 tons x a 3% increase in the disposal rate for.16 years). Based on these projections, it is anticipated that Tri-City could contribute about 217o of the wastes being disposed of at the facility in the year 2004 (5,500/248,000). According to Table 3-5, the San Timoteo facility has a remaining capacity to accommodate about 5,447,000 tons as of January 1989. This represents a remaining capacity of about 15-20 years. While continued development of the Centre will contribute to the ongoing increase in solid waste generation and, therefore, contribute to the continued exhaustion of available landfill capacity, it is concluded that the Centre's contribution will be non-significant based on both the current and projected future volume of wastes being disposed of at the identified landfills. To further reduce these potentially non-significant impacts, the City shall require the developers to initiate the following measure. 44. The developer shall work with the County Solid Waste Management Department to develop a program for tenants of the Centre that will provide recycling capability at the Center consistent with Department programs. This program shall include the identification of recyclable materials (white paper, aluminum, glass, newsprint, plastic, etc.) as well as identifying methods of collection and disposal. This program shall also identify those substances (toxic and hazardous) which require special disposal methods and sites. The identification of the appropriate means of disposal of these substances shall be included in the program. 47 m., a..al,un C O 11. Utilities a. 1&2. Natural Gas/Electricity Development of the Centre will result in the consumption of large quantities of natural gas and electricity. Electricity is supplied to the site by Southern California Edison Company(SCE) and natural gas by Southern California Gas Company (SCG). The EIR identified a maximum usage of 533,975 kilowatt hours/day (KWH/day) of electricity and about 936,934 cubic feet/day of natural gas at buildout of the project. The EIR evaluated the consumption of these amounts of electricity and natural gas and determined that adequate supplies of these energy resources were available and their usage at this site would not impact these utilities beyond their ability to provide adequate levels of service or require the construction of new facilities. This conclusion is verified by the California Energy Commissions's 1990 Electricity Report which identified SCE as having "adequate capacity to meet the expected peak demand and reserve margin requirements of its service area through the end of this decade "(pg. 77 CEC). The CEC also states that "under all resource cases, natural gas supply will be adequate to meet demand" into the 21st century (pg. 42 CEC). The Plan being evaluated in this IS proposes a total of 3,000,127 square feet of building coverage at buildout of the Centre. Of this, it is projected that 75% will be office uses, 5% industrial/research and 20% retail development. Appendix "F' of the SCAQMD Handbook identified in Section 2, Air Quality provides data to project electrical energy consumption by land use. Based on data provided in Appendix "F and in the Plan, it is projected that buildout of the Centre will result in the consumption of about 110,200 KWh/day at the Centre. Commercial 2,250,095 sq.ft. (8.8 KWh/sq.ft./year)/260' = 76,157 KWh/day Retail/industrial/research (750,032 sq.ft.)(11.8 Kwh/sq.ft/year)/260' = 34,040 Kwh/day' Total = 110,197 Kwh/day 260 = number of working days per year. 48 lW M. x,M 0 0 Assumes industrial/research and retail have the same consumption rates. This is considered a conservative forecast based on the consumption rates provided on Table 6 of the EIR. This is substantially less than the electrical energy consumption figures forecast in the EIR (range from 492,556 to 533,975 Kwh/day). The reason for the overestimate of energy consumption in the EIR is not clear, but it is concluded the project identified in this Plan is consistent with the EIR's determination of non-significance relative to the usage of electrical energy. A comparison of projected natural gas usage is not as clear. Appendix"H"of the Handbook does not provide a method of projected the amount of natural gas consumed by industrial uses on a square foot basis. It is noted, however, that the natural gas consumption rates identified on Table 7 of the EIR are substantially higher than those provided in Appendix "H" for office and retail uses. Because those uses comprise about 95% of the uses proposed by this Plan, it is concluded that this project's consumption of natural gas will not exceed that amount found to be non-significant in the EIR. The EIR also identified energy conservation measures which, if implemented,would further reduce potentially non-significant impacts. These measures are judged to still be adequate for this project and are summarized in the following measure. 45. The City shall ensure that all applicable energy conservation codes and regulations are included in the design and construction or new structures during the plan check and building inspection process. 3-4 Water/Sewer Water and sewer service to this project is provided by the City of San Bernardino Water Department. It is the responsibility of the City to provide water and sewer service to developments within its service area if adequate water supplies and sewage treatment capacity is available. The EIR prepared for this project evaluated the potential impacts to these services from development of the Centre and concluded implementation of the project would not impact these services beyond the City's capability to serve nor would development of the site require the construction of a significant amount of new facilities. Based on data provided in that document it was concluded that development of the Centre would not have a significant adverse effect on water and sewer services. The project being evaluated at this time is substantially the same as the project evaluated in the EIR with water and sewer demands remaining about the same as forecasted in the EIR. 49 C Based on the above data provided in Appendix D and E of the Plan, it is concluded that the EIR adequately evaluates the project proposed at this time and that the conclusion of non- significant impact to these services applies to this project with implementation of the following measures which summarize those provided in the EIR. 46. The City shall require verification that adequate water and sewer service is available prior to approval of individual projects at the Centre to ensure that continued development will not cause a significant adverse effect on a these services. 47. The City shall require the developer to implement water conservation activities deemed appropriate by the City Water Department. b-c. Water and sewer service is already provided to the site. These services have been sized to accommodate development of the type and size proposed at the site. Future improvements associated with continued site development will be a connection of the individual projects to the existing system. No significant water or sewer service infrastructure improvements are proposed. Based on the above, it is concluded that continued development of this project does not have the potential to cause a disjointed pattern of utilities extension or require the construction of a significant amount of new facilities. Because no impact is identified, no mitigation is proposed. 12. Aesthetics The EIR prepared for this project identified this site as being primarily a vacant parcel of land that was occupied by abandoned structures associated with the former airport operations. The EIR stated that while the parcel provided open space, that open space was only visual in nature because it was private property and access was restricted by fencing. The EIR concluded that while development of the Centre would contribute to the reduction in the amount of vacant fields in the City, the proposed landscaping would actually create an aesthetically beneficial effect. It should be noted that the Centre is a redevelopment project. One of the determinations made by the City as part of the adoption of the project was that the site was blighted and not being used to its highest and best use and that development of the Centre was an aesthetically superior alternative to the use of the site at this time. The project being evaluated by this document is substantially the same as the project evaluated at that time and that the conclusions reached at that time remain valid for this project. The site being evaluated at this time has been rough graded to create building pads and the interior road system has been constructed. The site is located in the flat urbanizing portion of the City. Construction of the multi-story building has the potential to obstruct scenic views from portions of the site adjacent to these structures. This condition is common to all multi-story developments and will not significantly effect scenic views in the area or region. The primary views affected by this project will be those from the site itself and from the I-10 Freeway. Areas around the project site are urbanizing and already provide limited 50 t Mr XM © O views. Views from the site are restricted because of the existing multistory buildings. Views of the mountains and valley from the freeway will be effected. These views however are by motorists travelling the freeway and any effect on their views will be for a very short period of time while they are moving. The proposed multistory structures will be placed at various locations onsite with open space provided between the buildings. While these structures will serve to reduce some views, the structure will occupy a narrow portion of the viewshed and will occur in an urban area which contains other multistory buildings. Because of the urbanized nature of the area and the limited viewshed area which will be effected by the buildings, it is concluded this project will not result in the obstruction of a scenic view. The EIR identified measures that when implemented would reduce potential visual impacts from development of the Centre. These measures included the type and location of landscaping, site and building design and controls over the use of signs. These measures have been implemented by past development at the Centre and have resulted in an aesthetically pleasing development. The Plan being proposed at this time will become part of the City's Development Code and the proposed Development Agreement and provides further detail on the standards for development at the Centre. This provides the City with greater project review abilities early in the planning process which helps to further ensure the development of an aesthetically pleasing project. Because the project being evaluated at this time is essentially the same as the plan evaluated in the EIR, it is concluded this Plan is consistent with that EIR and that implementation of the proposed project does not have a potential to cause a significant adverse effect to the areas aesthetics. 13. Cultural Resources The EIR prepared for the Redevelopment Project did not include an evaluation of potential impacts to cultural resources that may have been present onsite. Development of the Redevelopment Project has included the mass grading of almost the entire site, the paving of roads and parking lots and the construction of buildings. The newly adopted General Plan of the City contains an Historical and Archaeological Resource section which,among other things,identifies archaeologically sensitive areas within the City. Data provided in that section of the General Plan reveals that the project site is not known to contain any significant cultural resources. 48. In the unlikely event that archaeological resources are encountered during construction activities onsite,all work in the area or the rind shall cease and a qualified archaeologist brought to the site to evaluate the find and determine appropriate mitigation measures. The archaeologist's recommendations shall be implemented to provide adequate mitigation for potential impacts. 51 MW M.M,r o C SUMMARY OF MITIGATION MEASURES 1. All grading within the project shall be accomplished in accordance with the appropriate ordinance of the City of San Bernardino. 2. Prior to construction on site,an erosion control plan shall be prepared by the site owner or developer and submitted to the City for review and approval. This erosion control plan shall he monitored monthly in the field during April through October by the site owner/developer. The erosion control plan shall be monitored in the field every two weeks from November through March. The erosion control plan shall contain provisions for regular water schedules,graded and construction area diking, water outflow channel distillation devices within graded construction areas and in front of catch basins receiving on site and on street water. Regular street watering and cleaning shall be identified on the erosion control plan. 3. Final Landscape and Irrigation Plans for each project shall be prepared by the site owner or developer and submitted to the City for review and approval. This plan shall identify the type,number,sin and location of all plants, trees or turf to be used onsite. This plan shall also identify the type, size and location of the irrigation system to be used onsite. 4. The developer shall secure Corps Section 404 and DFG Section 1603 permits or waivers thereof prior to commencing construction activities in the Santa Ana River or San Timoteo Creek channels if such construction is required. The developer shall also comply with all mitigation measures established as conditions of those permits. 5. Potential liquefaction impacts shall be mitigated below a level of significance by either dewatering the sites (groundwater), preconsolidating the underlying soils, or mechanically compacting those soils susceptible to liquefaction. The appropriate method shall be determined on a site-by-site basis. The City shall require site specific geotechnical evaluations of each construction site prior to issuing building permits. These evaluations shall address the potential for liquefaction or other seismic hazards to occur and identify the appropriate measures to mitigate potential impacts below a level of significance. These measures must be reviewed and approved by the City Geologist. 6. The City shall require that development which overlies the former landfill is provided protection from earth settlement by providing adequate foundation support for structures and parking facilities. This shall be accomplished by requiring site and project specific geotechnical and structural engineering studies. The recommendations provided in these studies shall be made conditions of approval of these projects. Should the measure chosen be removal of the unsuitable material,the City shall require that the excavated material be disposed of in a proper manner at a site licensed for such disposal. 7. Implement the Transportation Demand Management Program included in this Initial Study as Appendix "A". This program responds to SCAQMD Regulation 15 regarding tenant transportation and parking management. 8. The developer shall comply with all applicable portions of the SCAQMD Rule 403 regarding the control of fugitive dust. This shall include the regular watering of disturbed areas both in the morning and afternoon and whenever dust is visibly being generated onsite. 9. The developer shall require the contractor to maintain all construction equipment engines in proper order including proper tuning to manufacturers specifications; 52 TDA My V.IM O C; 10. The developer shall require the contractor to reduce the area of disturbance to the minimum feasible for specific construction activities; 11. The developer shall require the contractor to stabilize disturbed areas with either a hard surface covering or vegetation as soon as possible; 12. The developer shall require the contractor to cease all clearing, grading, earth moving or excavation activities during periods of high winds (greater than 25 mph); 13. The developer shall require the contractor to install adequate erosion control devices to prevent the deposition of sediments on paved surfaces; 14. The site owner shall institute a program of regular private street and parking area sweeping. 15. The City shall require that all permits for stationary source generators of emissions secure the necessary permits from the SCAQMD or other responsible agencies. 16. The site owner shall maintain the existing landfill gas collection, venting and disposal system, in proper operating condition. This system shall continue to meet the requirements of Title 14 of the California Code of Regulations regarding the control of LFG under buildings located on or adjacent to landfills. 17. The developer shall file a Notice of Intent to Comply With the Terms of the General Permit to Discharge Storm Water Associated with Construction Activity (NO]) and secure a General Construction Activity Storm Water Permit prior to commencing any land disturbance activities which require such a permit. This shall include preparation and implementation of a Storm Water Pollution Prevention Plan (SWPPP) that complies with State Board guidelines and criteria. is. After construction, onsite private street and parking lot sweeping shall be maintained to reduce the accumulation of urban waste and sediments. 19. Special design and engineering considerations shall be made to parking lot design to catch, filler and reduce the discharge of supernatant liquids, entrained sludge, urban waste and sediments where feasible. These considerations shall include the potential use of infiltration trenches to filter wastes from drainage flows. Use of such devices shall be implemented when soil conditions and drainage patterns and volumes warrant their use. A regular cleaning program of such parking lot devices shall be made after each major storm and at monthly intervals during the months of April through October. 20. landscape design criteria shall be coordinated with engineering drainage plans to initiate the following objectives: hardscape areas should use pervious paving materials; turf areas should utilize swale designs to slow runoff and maximize infiltration;roof leaders in buildings shall discharge to pervious areas,greenbelts and seepage pit areas where feasible; landscape areas shall be ber ned to contain on. site water with special overflow systems designed into the landscape area systems; small landscaped areas such as planters,tree well and medians shall be designed so no automatic irrigation water flows off the planted areas; automatic irrigation systems will be required and will include water conserving control systems and shall be adaptable to the requirements of the changing seasons. 53 MA M.X IM o 21. Landscape irrigation containment structures similar to those in use at the existing one story buildings constructed partially over the landfill shall be installed at future building sites in Lots 31, 32 and a portion or Lot 34. These structures shall drain irrigation water away from the landfill toward the parking structures to reduce the potential for water infiltrating the landfill material. 22. The City shall require that developers of the project secure all needed permits from the Regional Water Quality Control Board relative to leachate control and groundwater monitoring. Obtaining these permits and implementation of the conditions of these permits will reduce potential impacts to a level of non-significance. 23. To mitigate potential impacts to groundwater quality and quantity from potential land uses on other portions of the site,the City shall require that all permits needed for each activity proposed onsite be secured by the developer (Regional Water Quality Control Board, SCAQMD, Health Departments, etc). 24. Design and installation of adequate onsite drainage amenities shall be required as part of the project review process. 25. Site grading shall be required that will ensure adequate drainage to street areas rather than neighboring areas. 26. All building structures shall be protected against a 100-year flood, elevation of first noon should be a minimum of one foot above the 100-year flood elevation. 27. At least two routes of ingress and egress to the development shall must be available during a 100-year flood. 28. The foundation designs for all structures shall be based on detailed soils and engineering studies. 29. Throughout the remaining planning and design stages of the project, the riparian vegetation within the Santa Ana River wash shall continue to be preserved due to its status as being representative of a very limited vegetation type. 31. Construction activities shall be restricted to the hours between 7 a.m. and 6 p.m. 32. The City shall review each project proposed to determine its compliance with applicable noise standards and establish conditions of approval that adequately mitigate potential noise impacts. 33. The City shall review each proposed activity within this development, including construction plans,to ensure that its implementation does not create a significant threat to human health and safety. 34. The City shall require the developer to acquire permits from other responsible agencies(i.e.SCAQMD, Regional Water Quality Control,etc.),when needed, as part of the building permit process to ensure that proposed facilities meet the design and operation standards of these responsible agencies. 35. Facilities that store hazardous materials or wastes shall provide the City with a business plan which outlines the materials stored, storage containers and locations, and emergency response program in rase of accidental release of material. 54 MA Mud M.M3 0 0 36. a. At the time of Phase 1 development or when new development at the Centre results in the generation of an additional 2033 vehicle trips in the PM peak hour above current levels, the site developer shall construct the following unless already installed: Waterman Avenue and Hospuality Lane (WA) Northbound: Add a second exclusive right turn lane. (WA Southbound: Add a third through lane. (HL) Westbound: Add a second left turn lane. Restripe for one (1) through lane. Restripe for one (1) exclusive right turn lane. Hospitality Lane and Camegie Dnw/1--10 Ramps (HL) Eastbound: Add a second through lane. (HL) Westbound: Add a second left rum lane. Tippecanoe Avenue and 1-10 Westbound Ramps (TA) Southbound: Add one (1) exclusive-free right turn lane. (TA) Northbound: Restripe middle lane for shared left and through lane. Tippecanoe Avenue and 1-10 Eastbound Ramps (TA) Southbound: Restripe middle lane for shared left and through lane. b. At the time of Phase 2 development or when new development at the Centre results in the generation of an additional 964 vehicle trips in the PM peak hour above levels identified in Mitigation Measure 36.a or when determined necessary by the City's Engineering/Public Works Department, the site developer shall construct the following unless already installed: Camegie Drive and Vanderbilt Way Signalization of the intersection. Hospitality Lane and Harriman Place Signalization of the intersection. At the time these measures are implemented, or when determined necessary by the City's Engineering/Public Works Department, the site developer shall contribute its fair share contribution for the following improvements. The amount of this contribution shall be negotiated between the City and site developer and shall be based on this projects contribution to the identified impact: Waterman Avenue and Redlands Boulevard (RB) Eastbound: Add a second left turn. (RB) Westbound: Add a second left turn. Tippecanoe AMenue and Harriman Place 55 MA MW M.M3 f (HL) Eastbound: Restripe to provide one (1) shared left-through lane, and one (1) exclusive right turn lane. C. At the time of Phase 3 development or when new development at the Centre results in the generation of an additional 654 vehicle trips in the PM peak hour above levels identified in Mitigation Measure 36.b or when determined necessary by the City's Engineering/Public Works Department, the site developer shall construct the following unless already installed: Waterman Avatue and Vanderbilt Way (WA) Northbound: Convert the exclusive right turn lane to a shared right turn-through lane. Transition north of intersection. Carnegie Drive and Hospitality Lane/1-10 Ramp (CD) Southbound: Add a second through lane. At the time these measures are implemented, or when determined necessary by the City's Engineering/Public Works Department, the site developer shall contribute its fair share contribution for the following improvements. The amount of this contribution shall be negotiated between the City and site developer and shall be based on this projects contribution to the identified impact: Tippecanoe Avenue and Hammon Place (TA) Northbound: Convert the exclusive right-turn lane to a shared right-through lane. Widen as needed and extend through intersection. (TA) Southbound: Add a second through lane. d. At the time of Phase 4 development or when new development at the Centre results in the generation of an additional 695 vehicle trips in the PM peak hour above levels identified in Mitigation Measure 36.c. or when determined necessary by the City's Engineering/Public Works Department, the site developer shall contribute its negotiated fair share contribution for the following improvements and shall be based on this projects contribution to the identified impact: Waterman Avenue and Hospitality Lane (HL) Eastbound: Add a second exclusive right turn lane. Tippecanoe Avenue and 1-10 Westbound Ramps (TA) Southbound: Add a third through lane. (TA) Tippecanoe Avenue and 610 Eastbound Ramps Northbound: Add one (1) exclusive right turn. The mitigations recommended for the Tippecanoe and 1-10 interchange will require widening of the existing five (5) lane cross section of Tippecanoe Avenue under the bridge, to six (6) 56 1 A MWN,M3 lanes. Field observations have identified that curbed sidewalk areas of approximately ten feet (10') in width exist along both sides of the road under the bridge structure. These areas can be cut back on both sides to yield the additional lane. The adequacy of these measures is dependent upon the following improvement being constructed by the City or others at this time. Orange Show Road Constructed to its full General Planned width between Arrowhead Avenue and Waterman Avenue. Should this roadway not be constructed,no building permits for Phase 4 or later development phases shall be issued until a revised traffic impact analysis (TIA) is prepared which evaluates the impacts to the roadway system from continued development without installation of the Orange Show Road extension and which also identifies adequate measures to mitigate impacts to acceptable levels on affected roadways. e. At the time of Phase 5 development or when new development at the Centre results in the generation of an additional 668 vehicle trips in the PM peak hour above levels identified in Mitigation Measure 36.d. or when determined necessary by the City traffic engineer, the site developer shall contribute its fair share contribution for the following improvements and shall be based on this projects contribution to the identified impact: Waterman Avenue and Hospitality Lane (HL) Eastbound: Add a second through lane. (HL) Westbound: Add a second through lane. Carnegie Dnve and North South Arterial Signaliiation of the intersection. The adequacy of these measures is dependant upon the following improvement being constructed by the City or others at this time. The North-South arterial to the project boundary shown on the City's General Plan as situated between Waterman Avenue and Tippecanoe Avenue. Should this roadway improvement not be constructed, no building permits for Phase 5 or later development phases shall be issued until a revised TIA is prepared which evaluates the impacts to the roadway system from continued development without installation of the "North-South Arterial" identified above. This study shall also identify adequate measures to mitigate impacts to acceptable levels on affected roadways. This projects fair share contribution to the construction of the North-South arterial shall be dedication of right of way and the construction of roadway improvements for that portion of the North-Soutb Arterial within the Centre's project boundaries. f. At the time or Phase 6 development or when development at the Centre results in the generation of an additional 958 vehicle trips in the PM peak hour above levels identified in 57 'mA Mw N,nU Mitigation Measure 36.e. or when determined necessary by the City traffic engineer, the site developer shall contribute its fair share contribution for the following improvements and shall be based on this projects contribution to identified impacts. W"a Avenue and Redlands Bou(evasd (WA) Northbound: Add a third through lane. (RB) Eastbound: Add one (1) exclusive right-turn lane. Tippecanoe Awa and Hamnlan Place (HP) Eastbound: Add a second exclusive right-turn late. Tippecanoe A and 1-10 Eastbound Ramps (TA) Northbound: Convert the exclusive right-turn lane to a shared right-through lane. 37. The City shall require the preparation of a new traffic impact analysis (TIA) that evaluates the impacts to the roadway system from continued development at the Centre under a revised scenario should any of the assumptions contained in the TIA not be implemented in the manner and the time frames provided in that document. The City shall cease issuing Development Permits at the Centre should any of the mitigation milestones identified in Mitigation Measure # 36 not be meL The issuance of Development Permits shall not resume until the revised traffic study containing mitigation measures that ensure an adequate level of service is maintained in affected roadways is approved by the City. 38. Prior to issuance of any Building Permits after completion of the 1-10/Waterman Avenue ramp modifications, the AM and PM peak hour levels of service at regionally significant intersections be monitored to determine their existing level of service designations. Based on the results of that monitoring program, the project related mitigation measures at those intersections should be evaluated to determine their adequacy. This monitoring program could be implemented prior to initiating each phase of development to determine the existing level of service at each regionally significant intersection to determine the adequacy of implemented mitigation measures. Should this monitoring reveal that these measures are not adequate, additional measures shall be established as conditions of approval of future phases or development. 39. The City shall continue to man and operate the fire station located onsite to provide adequate fire protection in the project area. 40. The City shall require that all structures proposed at the Centre meet the latest fire codes and regulations regarding type of construction and materials used. This shall be accomplished during the planning process, building plan checks and construction inspections. This review and inspection process shall include implementation of the recommendations and requirements made by the City Fire Department. 58 'ILA MMS An`3 O O 41. The City shall ensure that an adequate source of water is available a tithe site hydrants,to eetc)re 7f to s requirements. This includes adequate transmission facilities (pipe , determination shall be made prior to approving individual projects within the Centre. Should it be determined that existing facilities are not adequate, the City shall include adequate water system improvements in the project conditions of approval. 42. The City shall incorporate the recommendations of the Police Department regarding building layout, lighting, etc. in the conditions of approval for individual projects at this site. 43, The developer shall pay required school impaction fees to mitigate potential impacts to the local school system from development of this project. qq. The developer shall work with the County Solid Waste Management Department to develop a program for tenants of the Centre that will provide recycling capability at the Center consistent with Department programs. This program riot, plastic,include etc)dast well as identifying methodseof collection and paper, aluminum, glass, newsprint, p disposal. This program shall also identify those substances (toxic and hazardous) which require special disposal methods and sites. The identification of the appropriate means of disposal of these substances shall be included in the program. 45 h the design and construction of new elat structures during the plan check and building included d og inspection process. 46. The City shall require verification that adequate water and sewer service is available prior to approval of individual projects at the Centre to ensure that continued development will not cause a significant adverse effect on a these services. 47, The City shall require the developer to implement water conservation activities deemed appropriate by the City Water Department. qg, In the unlikely event that archaeological resources are encountered during construction activities onsite, all work in the area of the find shall cease and a qualified archaeologist brought to the site to evaluate the rind and determine appropriate mitigation measures. The archaeologist's recommendations shall be implemented to provide adequate mitigation for potential impacts. 59 l,A MW M,171 ATTACHMENT B DRAFT TRANSPORTATION DEMAND MANAGEMENT PROGRAM I. TRANSPORTATION DEMAND MANAGEMENT 1. INTRODUCTION AND OVERVIEW a. Definition of Transportation Demand Management Transportation Demand Management (TDM) involves strategies to mitigate traffic congestion and/or air pollutant emissions by reducing the number of single occupant vehicles, shifting travel outside the peak commuting periods, and increasing the use of alternative commute modes. These alternatives include, but are not limited to: ` Carpooling and van pooling (regular or occasional) Public or private transit Alternative work hours programs (flex-time. etc.) ' Telecommutin2 (working from home or at satellite facilities) Walking or r b ,cycling to work Strategies to encourage these alternatives include: ' Rideshare matching assistance " Furnishing information on alternative modes Facilities at employment sites, such as bicycle racks. carpool drop-off locations. etc. ' Financial incentives for rideshares ` Preferential parking locations for van and carpoolers ' Operation of vanpool program or transit service ` Disincentives for drive alone commuters 1 Through implementation of TDM,existing transportation infrastructure and services are more efficiently used by reducing the number of vehicles required to satisfy commuting needs. TDM is not, however, a substitute for roadway improvements. It is intended to supplement the circulation improvements. Additionally, TDM strategies can help mitigate traffic increases while important transportation improvements are being made, such as extending Orange Show Road or providing new offramps on the San Bernardino Freeway. b. Role of Developers and Property Owners Transportation Demand Management is most effective when implemented by tenant-employers in conjunction with building managers. Tenant-employers have the greatest influence on the commute behavior of employees, through their work hours, benefits, and other policies and programs. Currently, all large tenant-employers (with 100 + employees) in the South Coast Air Basin are required to develop and implement trip reduction programs in compliance with the South Coast Air Quality Management District's (SCAQMD) Regulation XV. Developers and property owners can influence the potential for trip reduction in two ways. Through certain site design techniques, the potential for commuting and use of alternative transportation modes can be enhanced. Second, developers can specify tenant-employer responsibilities in lease or sale agreements. C. Transportation Demand Management Goals Even with all the planned circulation improvements to the Tri-City Corporate Center (Tri-City) area, certain intersections will continue to operate at less than Level of Service C. In recognition of this and environmental impact mitigation requirements for air emissions impacts, the following Transportation Demand Management goals should be considered for Tri-City: (1) That increased traffic levels generated by new development within the project area may be mitigated through transportation demand management strategies aimed at reducing the number of peak period and overall daily trips. (2) That the provisions of the regional Air Quality Management Plan be partially addressed through Transportation Demand Management requirements placed on new development within 2 O the Tri-City area, and that the provisions of the Transportation Demand Management program contained in this proposal serves as a model for other major projects within the City of San Bernardino and surrounding communities. (3) That requirements be aimed at instituting Transportation Demand Management programs at new employment sites in anticipation of the need for tenant-employers and building managers to comply with SCAQMD's Regulation XV. (4) That Transportation Demand Management or trip reduction plans and programs provide a valuable tenant-employer service that will enhance the marketability of their developments and ease in the recruitment and retention of employees by tenant- employers. d. Potential for Transportation Demand Management Several Transportation Demand Management activities can be undertaken to establish the environment for Transportation Demand Management and the implementation of SCAQMD Regulation XV requirements faced by tenant-employers in the region. In particular, two activities will be undertaken by all property owners that develop projects that will ultimately employ 25 or more employees. These involve site design guidelines and trip reduction plan requirement. (1) Site Design Guidelines Individual projects within the Center should be designed to encourage employee use of commute alternatives, or at least not provide an overwhelming advantage to solo drivers. Most of the site design considerations that can be made for users of commute alternatives either provide a time advantage for commuters (e.g. parking closer to building entrances) or convenience to users of alternatives (e.g.) bicycle racks or carpool drop-off locations). (2) Transportation Demand Management Plan Requirements Transportation Demand Management Plans will be required to detail a TDM program to be established at proposed work site which will employ 25 or more workers. These plans are intended to initiate programs that can be implemented by tenant-employers. Two levels of TDM Plans are required for 3 i 0 single and multi-tenant work sites. An Alternative Commute Mode Awareness Plan will be required of proposed projects anticipating a total of 25 to 99 employees. Work sites anticipating 100 or more employees will be required to prepare a Tri-City Corporate Centre Trip Reduction Plan. Annual updates of both plans are required. Trip reduction goals are set at levels equal to those being required by the SCAQMD for compliance with Regulation XV. TRANSPORTATION DEMAND MANAGEMENT SITE DESIGN GUIDELINES All sites, including multi-tenant complexes (with a single owner or management entity) that will generate employment of 25 employees or more will be required to include consideration of site design guidelines in the site plan approval process. Tri- City should base determination of the applicability of the requirements upon the following gross square footage factors: LAND USE EMPLOYEE FACTOR Business Park 333 SF per employee Commercial/Office 263 SF per employee Industrial (Light and General) 526 SF per employee Source: Urban Research Associates Consideration of the manner in which Transportation Demand Management site design guidelines apply to individual projects will be made as part of site plan review. In addition to other provision of this program, the following site design guidelines will apply to individual projects within the Tri-City area that will generate 25 or more employees. This list is not all inclusive and other design features that encourage use of commute alternatives may be included. a. Preferential Parking Carpools and Vanpools Car and van pool spaces to be provided pursuant to the parking requirements of the Tri-City Corporate Centre are generally not less than ten percent of all parking planned for the site (exclusive of handicapped, visitor and delivery parking). These spaces should be 4 o located in the most advantageous and reasonable location closest to the primary employee entrance to the building or site. Car and van pool spaces will be marked with the words "Carpool Only" on either tire restraints at the back of each space or on the pavement at the opening of the space or both. The use of these spaces should be enforced by the tenant-employers to ensure employee and visitor compliance. b. Vanpool Clearance Any project, complex, or building that includes a multi-story parking structure will design that structure to accommodate vanpool vehicles, providing an entry level clearance of at least TO". If preferential parking for vanpools is to be provided on other levels, access to those levels must also be provided for vanpool vehicles. If the site includes both structure and surface parking, preferential spaces can be located in the surface lot(s) provided if it is convenient to employee entrances. C. Carpool/Vanpool Staging Areas For any project, complex or building generating 100 or more employees, carpool/vanpool staging areas need to be designed and marked for use by employees being dropped off at their work site. This means designing a location, convenient to the primary employee entrance, that carpools and vanpools can safely stop and discharge or board riders. This generally means providing an off-street passenger loading zone or drop off zone outside of regular travel lanes (if approved by the City of San Bernardino). Off-street passenger loading zones shall be designated with paint or signage. d. Bicycle Parking Bicycle parking for not less than three percent (3%) of the number of required automobile parking spaces will be provided on the site in close proximity to the primary employee entrance. The location should be safe, well lit and of adequate space to accommodate bicycle users. Bicycle parking can be in the form of individual, or sets, of racks or bicycle lockers. 5 3. TRANSPORTATION DEMAND MANAGEMENT PLAN REQUIREMENTS a. Purpose and Background As Southern California is currently in violation of federal air quality standards and must achieve air quality attainment by the year 1991, the need to promote alternative commute modes is clear. Traffic congestion,particularly at peak travel times, is also a common problem in southern California. The responsibility for the preparation of the Transportation Demand Management Plans (TDMP),required by this specific plan,initially will be that of the developer(s) or property owner(s) proposing individual projects within Tri-City Corporate Centre. TDMP requirements will be implemented by the City during it's review and approval of site plans for individual developments at Tri-City. This review and approval process shall include verification that parking areas adequately reflect the requirements of the TDMP prior to approval of the plans by the City. The City shall also inspect the site after construction to ensure that TDMP requirements are implemented at the constructed project. TDMP implementation responsibility will be transferred from the property owners or developers to the tenant- employers occupying the site through sale or lease agreements. Annual update plans will be required of the tenant-employers. These agreements shall be written in a manner that specifies that violation of TDMP by a particular tenant will result in a default of that tenant's lease. b. Applicability The Transportation Demand Management Plan requirements contained in this proposal apply to any newly proposed site plan or planned development application within the Tri-City Corporate Centre area if the individual site/planned development is projected to employ 25 or more employees. These requirements apply to single-tenant and to multi-tenant work sites. Sites projected to employ 25 to 99 people must prepare on Alternative Commute Mode Awareness Plan (ACMAP). This plan is intended to educate and introduce Transportation Demand Management (TDM) to tenant-employers and employees of small to medium firms. Sites employing 100 or more people must prepare a Trip Reduction 6 C 4 Plan (TRP) that is more comprehensive in content than the Alternative Commute Mode Awareness Plan. This plan must provide a reasonable amount of incentives for employees so that an Average Vehicle Ridership (AVR) of 1.5 can be achieved within a three year period after 80% occupancy is achieved. Compliance with this requirement will be monitored through the required annual updates discussed above. Table IV-Al contains the major components and time frames for each of the TDM requirements included in this section. Table IV-Al TIME LINE FOR COMPLIANCE TDM PLAN REQUIREMENTS BASED ON NUMBER OF EMPLOYEES AT WORK SITE Milestones (25 to 99) (100 or More) Responsibility Site Plan Approval Site Design Site Design P/D & City & Inspection Guidelines Guidelines Execution of 1 ACMAP TRP P/D & T-E Lease or Sales Agreement 80% Occupied Plan Process Begins TRP Plan Process T-E Begins 9 Months After No Survey Survey T-E 80% Occupied 12 Months After No Update Plan Annual Update T-E 80% Occupied Due Plan Due 24 Months After Bi-Annual Update Annual Update T-E 80% Occupied Plan Due Plan Due 36 Months After N/A AVR of 1.5 T-E 80% Occupied achieved P/D - Represents Property Owner(s) and/or Developer(s) ACMAP - Alternative Commute Mode Awareness Plan TRP - Trip Reduction Plan T-E - Tenant-Employer(s) 7 O Since Tri-City Corporate Centre is within the South Coast Air Basin, standards for the Trip Reduction Plan are intended to be consistent with those set by the South Coast Air Quality Management District (SCAQMD)'s Regulation XV. C. Definitions "Alternative Commute Mode" means the use of any transportation commute mode that does not involve the operation of a single- occupant vehicle. These alternative modes include, but are not limited to:bicycling,walking,public transportation,carpooling,vanpooling,etc. "Alternative Commute Mode Awareness Plan" means the preparation of a Transportation Demand Management Plan (initially prepared by developers or property owners and latter transferred to tenant- employers of the work site) that is designed to introduce and educate developers,property owners, tenant-employers and employees as to the benefits of TDM and to allow through the educative process a personal choice by employees either now or in the future of the options to reduce trips. "Average Vehicle Ridership" means the figure derived by dividing the work site employee population arriving between 6:00 AM and 10:00 AM by the number of vehicles entering the work site during this same period. Approved low pollution vehicles (such as electric or methanol) shall be excluded from the calculation, although their occupants shall be counted. Motorcycles and other two-wheeled motorized vehicles are counted as vehicles. "Carpool" means any motor vehicle occupied by more than one employee commuting together to the work site. "Commute" means a work-to-home trip or a home-to-work trip made in conjunction with employment. "Compressed Work Week"means work weeks whereby employees work 4/40 or 9/80 work schedules. A 4/40 work schedule means that an employee works 40 hours in less than five days over a one week period. A 9/80 work schedule means that an employee works 80 hours in less than ten days over a two week period. 8 "Employee" means any person working full-time, part-time, permanent or temporary at the work site. All contracted personnel, and volunteers, shall be counted as an employee if they commute to and from the work site two or more days per week. "Employee Transportation Coordinator (ETC)" means any employee located at the work site that has received training in an approved Transportation Demand Management program and has completed SCAQMD's mandated update training. This person is responsible for the implementation of the Transportation Demand Management program. "Employer" means any person, firm, business, educational institution, government agency, or other entity which employs 25 or more people at a single-tenant work site or any groups of the preceding at a multi- tenant work site who employ a cumulative total of 25 or more people. "Trip Reduction Plan" means the preparation of a Transportation Demand Management Plan (initially prepared by developers or property owners and latter transferred to tenant-employers of the work site) that meets all requirements within the Tri-City Corporate Centre Development Agreement. The preparation of this plan is intended to be aggressive in trip reduction incentives offered to employees and ultimately with the achievement of trip reduction goals. This plan must be prepared for work sites with 100 or more employees. "Ridesharing" means an alternative commute mode of travel consisting of two or more employees traveling together via a carpool, vanpool, buspool, taxipool, train, public transportation, etc. Employees may choose to rideshare on a regular basis (5 days per week) or on an occasional basis (2 days or less per week). "Single-Occupant Vehicle" means any motor vehicle utilized for commute purposes and occupied by one employee. Motorcycles and many other two-wheeled motorized vehicles are included in this definition. "Transportation Demand Management" means the range of strategies intended to mitigate traffic congestion and/or air pollutant emissions by shifting drive alone commuters into alternative commute modes or outside the peak commuting periods. The utilization of parking management, ridesharing modes, such as: carpooling and vanpooling, and alternative work hours are examples of the measures that may be taken to reduce trips. 9 © O "Vanpool" shall mean a van consistently operated and occupied by 5 or more employees commuting to the work site together. "Work site" shall mean a building or a group of related buildings utilized by either a single-tenant or by multiple tenants. The term work site applies to any project site within Tri-City Corporate Centre that was initiated by one property owner or one developer or a group of property owners and/or developers. If a single work site ultimately sold to multiple buyers, this site is treated as one work site. d. TDM Measures (or incentives) to Reduce Trips and Increase AVR TDM incentives provided as facility improvements or as an employee benefit are an excellent way to raise interest in the potential use of alternative commute modes by employees. Developers, property owners, and tenant-employers are encouraged to try the incentives listed below, as appropriate, or to be creative in regard to new incentives. Facility Improvements: * Bike racks. bike lockers * Benches, shelters. bus turn-outs Employee Benefits: ' Preferential Parking Spaces ' Subsidies/discounts (i.e. free Pas) * Drawing Prizes * Give away items (with ridesharing insignia on them) on "State Ridesharing Day' or at ridesharing fairs. * Alternative Work Hours Telecommuting e. Alternative Commute Modes Each site is uniquely different, both as to its location and transportation systems serving the site. After an analysis of the site 10 © O characteristics and available public transportation services has been performed, each developer or property owner must decide which modes to emphasize. Examples of alternative commute modes that may be utilized are listed below: * Bus (public or private transit) Train (if and when available) ` Crj2ooling (2 or more emolovees) ' Vanpooling (5 or more employ * Biev lin * Walkine f. Alternative Commute Mode Awareness Plan Requirements The Alternative Commute Mode Awareness Plan must be prepared for work sites proposed to employ 25 to 99 employees as part of an educational process. Ridesharing or the use of alternatives to the single-occupant vehicle is not widely known to the population. In addition, a great proportion of the expected businesses to occupy the Tri-City Corporate Centre will be small to medium firms who can not implement large scale transportation demand management programs on their own, thereby making education the most useful action that can reasonably be taken. The escalating cost of building more roads and providing public transit and mass transportation makes it more difficult to do so. Trip reduction is being incorporated into the Tri-City Corporate Centre Development Agreement as a healthy, viable, part of the solution to reduce traffic congestion and air pollution. (1) Information as to where employees may register for ridesharing matching. (2) All employees should be made aware of TDM services via announcements placed on bulletin boards,the issuance of flyers, seminars, and new employee orientations. (3) All plans must provide a description of the work site including: (a) Number of anticipated employees and a calculation of how the number was determined. 11 o (b) Description of anticipated business use(s), including times of employee arrival/departure. (c) Description of public transportation currently available or anticipated to be available to the work site. (d) TDM facility improvements, such as bike racks, lockers, etc. (e) Name and title of an employee most likely to disseminate alternative commute mode information (when available). An updated version of the Alternative Commute Mode Awareness Plan is required every two years. If the number of employees exceeds 99, the City shall be notified immediately to determine whether the existing plan should be updated or whether a comprehensive Tri-City Corporate Centre Trip Reduction Plan should be prepared. g. Trip Reduction Plan Requirements A single Trip Reduction Plan in most instances is required for a work site occupied by either a single-tenant or by multiple-tenants when the employee population equals 100 or more people. However, to satisfy SCAQMD requirements, a separate plan must be filed for each individual tenant-employer with more tan 100 employees. Therefore, one trip reduction plan for the work site and one for each tenant- employer that has more than 100 employees would be due to the City of San Bernardino. This plan is to be prepared by the developer of the individual site or by tenant-employer pursuant to the guidelines contained herein. The concept of plan preparation for a multi-tenant site is important for many reasons. With the proximity of a multi-tenant work force, these businesses can easily work together. The ridesharing potential is greater, since the number of workers within the site is greater. Otherwise, smaller companies would not be able to implement a significant reduction program. With businesses within multi-tenant work sites working together, the resources available to larger companies may also be shared with smaller companies. 12 © p (1) Target AVR Average Vehicle Ridership is the average number of employees per vehicle, arriving at the work site between 6:00 AM and 10:00 AM. This time frame has been selected to conform with the period used by SCAQMD's Regulation XV. SCAQMD believes that if vehicle trip reductions are achieved during this time period, less harmful air pollution will be created by motor vehicles on a daily basis. The AVR objective is 1.5. Generally speaking this means that an average of one and one-half employees per vehicle, on any given day, are entering the work site between the period of 6:00 AM and 10:00 AM. This typically equates to approximately 40% of a work site's employment base involved in some form of alternative commute modes to travel to work. To calculate AVR, the employee population at a given work site is divided by the number of vehicles entering the work site between the 6:00 AM and 10:00 AM window, as shown below: Employees/Vehicles = AVR Employees and vehicle information is collected over a one or two week period, and then averaged. A verifiable calculation of AVR is required, based on surveys or car count sheets which are kept with the ETC. AVR may be derived in three ways. A Driver/Rider Survey may be undertaken which asks employees what time they arrive to work for five or ten day, what mode they took, and if they were a driver or a passenger. Another survey method, called the Mode-Type Survey, obtains information for either one week or two weeks and asks the employee what mode they used to commute to work. AVR may also be derived by counting the number of vehicles entering the work site and the number of passengers inside the vehicles by performing a Car Count. For large work sites with many entrances and exits counting vehicles and passengers may prove to be difficult. The survey is most often preferred. Survey or car count information are to be obtained when the work site's activities are the most regular or during their regular season. For example, if the work site is an education 13 institution, surveys should not be taken during the summer months when most employees are on vacation. AVR must be calculated one year after achieving 80% occupancy. It is recommended to perform the car count or either of the two surveys approximately nine (9) months after occupancy to be prepared to present the update report to the City of San Bernardino one year from occupancy. Additionally, the vehicles of employees choosing to utilize compressed work hours are not included in the vehicle count. (2) Project Description and Analysis Descriptions Descriptions to be included within the introduction section of the Trip Reduction Plan shall consist of, but are not limited to the following: (a) Proposed land use(s). (b) Gross square footage(s) and address of the proposed development. (c) Number of anticipated employees to work at the site and a description of the method used to determine the number of employees. (d) Anticipated hours of tenant-employer operations, business description(s), business peak times work hour shifts and other characteristics of land uses (e.g. holiday schedules) that may assist with the potential application of TDM techniques. (e) A discussion of future or nearby developments that are currently involved in a ridesharing effort or will in the future. (f) Public transportation available to the work site, both existing and anticipated. (g) TDM facility improvements, such as bike racks, lockers, etc. 14 Vicinity Map To be included in the introduction section of the Trip Reduction Plan is a vicinity map that includes at least the following: (a) The project site in respect to nearby arterials and highways. (b) Nearby transit routes and stops,bike lanes, carpool lanes or any other transportation system features that are available to the work site's employees. Analysis Based on the project description information gathered, an analysis of the potential TDM strategies to be utilized shall be included. (3) Funding Plan All work sites with more than 100 employees must include within the content of the Trip Reduction Plan an estimate of the start-up and on-going costs associated with plan implementation. The sources of these funds to pay for these costs shall also be listed. (4) Employee Transportation Coordinator (ETC) Each work site shall provide at least one trained Transportation Coordinator. The name, title, phone number and supervisor of the designated ETC shall be included in the ETC section of the Trip Reduction Plan. The appendix section of all update plans shall include the certificate of TDM training for the work site's ETC. This employee will be responsible for plan preparation and implementation. A description of the shared staffing roles between the work site's property owner, developer, manager and tenant-employers should be described. Each work site shall be responsible to register with the City, the name, address, phone number and supervisor of its ETC. In the event of a change, the City shall be notified within 30 days 15 of name, address, phone number and supervisor of the new ETC. The City shall establish a computer data base of registered ETCs. (5) Implementation Plan The Trip Reduction Plan must include how the program will be executed. It is important to include in this section the ETC's responsibilities with respect to a time frame. It is also important to include what role management will play to implement the program and assist the ETC. The implementation plan should be related to anticipated occupancy levels. (6) Marketing Plan A Marketing Plan must be included in the Tri-City Corporate Centre Trip Reduction Plan for all work sites, however, work sites with more than 200 employees must utilize a greater number of marketing techniques. These strategies should be considered utilizing the knowledge gained in the project description section and the resources available to each work site. A partial list of recommended marketing strategies are listed below: Posters on bulletin boards. ' Section in company newsletters devoted to the TDM program. Promotional events, such as "State Rideshare Day' in October. A detailed marketing plan is required in the annual update plan. The marketing strategies utilized should be described and their related successes. For instance, at a rideshare event, describe the number of employees which attended and signed up for ridesharing, etc. h. Monitoring and Evaluating Plan Vital to the success of the trip reduction program is the tracking of its progress. If one ridesharing mode becomes unpopular and another more popular, a greater effort should be applied to the popular mode. 16 Monitoring and evaluating the commuting habits and attitudes will prove to be very valuable to the program. Therefore, the tools and strategies to monitor and evaluate the first year's program should be included in the first year's plan. Plans prepared annually, thereafter, will include a monitoring and evaluation report stating the progress and short falls of the program. It is important to also include a summary of the TDM program, its effectiveness and its future direction. 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M YU /~NxC O YYUCP\ • Y 4 0 . 00 .00 � ZMOtiMM ✓ ✓ • Y O Y 0 0 TUN9 0 m• � • C y• Y Y N • • P UC • N • T4 fG•U • YPOR ATTACHMENT "E" CITY OF SAN BERNARDINO PLANNING AGENDA AND BUILDING SERVICES DEPARTMENT ITEM u CASE TRICITY PROJECT LOCATION IDCA 92-1 , CUP 92-33 & DA 9 1 ) 5 HEARINGDATEApril 20 , 19 3 s ■ s ■ t ♦ / 0 E U 'e c 1 e f O y � Vo ' z 3 7 a PUN9.11 PMaE 1 Of t (4-90) Ex -bit C of Exhibit 2 0 - MITIGATION MONITORING/REPORTING PROGRAM FOR DEVELOPMENT AGREEMENT 92-01 DEVELOPMENT CODE AMENDMENT 92-13 CONDITIONAL USE PERMIT 92-33 TRI-CITY CORPORATE CENTER A. Introduction This mitigation monitoring and reporting program (MMRP) has been prepared for use in implementing mitigation measures identified in the Initial Study for this project. This MMRP has been prepared in compliance with State Law to ensure compliance with the mitigation measures adopted for the project by the City of San Bernardino. Assembly Bill 3180 (Public Resources Code, Paragraph 21031.6), effective January 1, 1989, requires adoption of a reporting or monitoring program for those measures or conditions placed on a project to mitigate or avoid adverse effects on the environment. The law states that the monitoring or reporting program shall be designed to ensure compliance during project implementation. The monitoring program contains the following elements: 1) The mitigation measures are recorded with the action that must be taken to implement them and the method that will be used to document or verify fulfillment of the measure or condition. In some instances, one action may be used to verify implementation of several measures, such as landscape plan review. 2. A procedure for determining and recording compliance has been outlined for each action that must be implemented by the project to mitigate impacts to their lowest level. This procedure identifies what action will be taken and when, designates who will be responsible for implementing the action, and to whom and when compliance will be reported. 3. This program contains a separate Mitigation Monitoring and Compliance Record for each mitigation measure. It is termed a Mitigation Measure Checksheet (MMC). On each of these checksheets, the pertinent actions and dates will be logged, and the copies of permits, correspondence or other relevant data will be attached. Copies of the records will be retained by the City Planning Department. 4. The program has been designed to be flexible. As monitoring progresses, changes to compliance procedures may be necessary based upon recommendations by the City Staff implementing the monitoring program. As changes are made, new MMC's will be developed and incorporated into the program. 0 0 MITIGATION MEASURES IDENTIFIED IN THE TRI-CITY CORPORATE CENTER INITIAL STUDY MITIGATION MEASURE #1 All grading within the project shall be accomplished in accordance with the appropriate ordinance of the City of San Bernardino. IMPLEMENTATION AND VERIFICATION ACTIONS All grading subject to permitting must be performed in compliance with grading plans and permits approved and/or issued by the City. Verification of compliance shall be accomplished by submittal of grading certifications by the project civil engineer and testing reports by the projects soils engineer. COMPLIANCE RECORD i WHEN REQUIRED: A copy of the approved grading plan and/or permit issued shall be maintained on the project site during construction activities. Copies of all certifications or testing reports shall be placed in the project file at the City Public Works and Planning and Building Services departments within one week of submittal to the City. ANALYSIS PREPARED BY: NOTES PREPARED BY: DATE COMPLETED: APPROVED BY: DATE APPROVED: FURTHER ACTION REQUIRED: FOLLOW-UP REQUIRED: DATE FOLLOW-UP COMPLETED: 2 1DA M.a M,IMI MITIGATION MEASURE #2 Prior to construction on site, an erosion control plan shall be prepared by the site owner or developer and submitted to the City for review and approval. This erosion control plan shall be monitored monthly in the field during April through October by the site owner/developer. The erosion control plan shall be monitored in the field every two weeks from November through March. The erosion control plan shall contain provisions for regular water schedules, graded and construction area diking,water outflow channel distillation devices within graded construction areas and in front of catch basins receiving on site and on street water. Regular street watering and cleaning shall be identified on the erosion control plan. IMPLEMENTATION AND VERIFICATION ACTIONS The erosion control plan shall be submitted with and approved by the City concurrently with grading plans or site development plans for individual projects onsite prior to implementation of any land disturbance activities. Verification of compliance shall be provided during site inspection by City staff or certification by the project civil engineer. COMPLIANCE RECORD WHEN REQUIRED: A copy of the approved erosion control plan and/or permit issued shall be maintained on the project site during construction activities. Copies of all inspection reports and engineering certifications shall be placed in the project file at the City Public Works and Planning and Building Services departments within one week of submittal to the City. DESIGN PREPARED BY: NOTES PREPARED BY: DATE COMPLETED: APPROVED BY: DATE APPROVED: FURTHER ACTION REQUIRED: FOLLOW-UP REQUIRED: DATE FOLLOW-UP COMPLETED: 3 MA My A M3 o MITIGATION MEASURE #5 Potential liquefaction impacts shall be mitigated below a level of significance by either dewalering the sites (groundwater), preconsolidating the underlying soils, or mechanically compacting those soils susceptible to liquefaction. The appropriate method shall be determined on a site-by-site basis. The City shall require site specific geotechnical evaluations of each construction site prior to issuing building permits. These evaluations shall address the potential for liquefaction or other seismic hazards to occur and identify the appropriate measures to mitigate potential impacts below a level of significance. These measures must be reviewed and approved by the City Geologist. IMPLEMENTATION AND VERIFICATION ACTIONS Project specific geotechnical, geologic and seismic reports and analysis including recommendations shall be submitted and approved by the City concurrently with building plans which incorporate the recommendations provided in the studies prior to issuance of any building permits for projects within this development. Verification of compliance shall be provided during review and approval of the building plans and during site inspections by City staff. COMPLIANCE RECORD WHEN REQUIRED: Copies of approved plans technical studies and permits shall be kept in the project file onsite during construction activities. Copies of all inspection reports including final acceptance or approval of the structure shall be placed in the project file at the City Planning and Building Services Department and with the City Engineer within one week of completion of such actions by City staff. PLAN SUBMITTED BY: NOTES PREPARED BY: APPROVED BY: DATE COMPLETED: FURTHER ACTION REQUIRED: FOLLOW-UP REQUIRED: DATE FOLLOW-UP COMPLETED: 6 TDB MrAM M3 MITIGATION MEASURE #6 The City shall require that development which overlies the former landfill is provided protection from earth settlement by providing adequate foundation support for structures and parking facilities. This shall be accomplished by requiring site and project specific geotechnical and structural engineering studies. The recommendations provided in these studies shall be made conditions of approval of these projects. Should the measure chosen be removal of the unsuitable material, the City shall require that the excavated material be disposed of in a proper manner at a site licensed for such disposal. IMPLEMENTATION AND VERIFICATION ACTIONS These geotechnical and/or structural engineering studies shall be submitted and approved concurrently with development plans (building, grading, etc.) for projects which overlie the former landfill. The City shall ensure during plan checking that these studies are incorporated in the design of the structures. Verification shall be provided during building inspections. COMPLIANCE RECORD WHEN REQUIRED: A copy of the approved plans studies and permits shall be kept in the project file at the job site during construction activities. A copy of inspection reports and the final acceptance record shall be placed in the project file at the City Planning and Building Service Department and with the City Engineer within one week of such inspections. PLAN PREPARED BY: DATE COMPLETED: APPROVED BY: DATE APPROVED: FURTHER ACTION REQUIRED: FOLLOW-UP REQUIRED: DATE FOLLOW-UP COMPLETED: 7 MA Mr M.M3 MMGATION MEASURE #7 Implement the Transportation Demand Management Program included in this Initial Study as Appendix"A". This program responds to SCAQMD Regulation 15 regarding tenant transportation and parking management. IMPLEMENTATION AND VERIFICATION ACTIONS This shall be made a condition of approval of future projects within the development which are subject to such a program. The preparation of the Transportation Demand Management Program (TDMP), will be the responsibility of the developer(s) or property owner(s) proposing individual projects within the development. TDMP requirements will be implemented by the City during it's review and approval of site plans for individual developments. This review and approval process shall include verification that parking areas adequately reflect the requirements of the TDMP prior to approval of the plans by the City. The City shall also inspect the site after construction to ensure that TDMP requirements are implemented at the constructed project. TDMP implementation responsibility will be transferred from the property owners or developers to the tenant-employers occupying the site through sale or lease agreements. Annual update plans will be required of the tenant- employers. These agreements shall be written a manner that specifies that violation of TDMP by a particular tenant will result in a default of that tenant's lease. COMPLIANCE RECORD WHEN REQUIRED: A copy of the lease shall be submitted to the City Planning Department within one month of its execution. Annual update plans shall be submitted to the City Planning and Building Services Department within one month of the anniversary date of the lease. PROGRAM SUBMITTED BY: NOTES PREPARED BY: APPROVED BY: DATE COMPLETED: FURTHER AC 71ON REQUIRED: FOLLOW-UP REQUIRED: DATE FOLLOW-UP COMPLETED: 8 TDA M. W3 MITIGATION MEASURE #8 The developer shall comply with all applicable portions of the SCAQMD Rule 403 regarding the control of fugitive dust. This shall include the regular watering of disturbed areas both in the morning and afternoon and whenever dust is visibly being generated onsite. IMPLEMENTATION AND VERIFICATION ACTIONS Fugitive dust control measures shall be made conditions of approval and incorporated in the grading plans prepared for all projects which will result in groundsurface disturbance activities. Verification shall be provided during site inspections by City staff. COMPLIANCE RECORD WHEN REQUIRED: A copy of the grading plans and inspection records shall be placed in the project file at the City Planning and Building Department and with the City Engineer within one week of such inspections. This record shall evaluate the adequacy of the fugitive dust control measures and any additional measures recommended by the City staff. A copy of any complaints about fugitive dust and the remediation measures taken sball be placed in the project file within one week of receipt of such complaint or implementation of the remediation measures. PROGRAM SUBMITTED BY: NOTES PREPARED BY: APPROVED BY: DATE COMPLETED: FURTHER ACTION REQUIRED: FOLLOW-UP REQUIRED: DATE FOLLOW-UP COMPLETED: 9 MA M.Q M,n93 MITIGATION MEASURE #9 The developer shall require the contractor to maintain all construction equipment engines in proper order including proper tuning to manufacturers specifications. IMPLEMENTATION AND VERIFICATION ACTIONS The contract with the contractor shall include this requirement and non-compliance shall be deemed a violation of the terms of that contract. Verification of compliance shall be accomplished by requiring the most recent maintenance records of the equipment be maintained in the project file kept onsite during construction. COMPLIANCE RECORD WHEN REQUIRED: A copy of the latest maintenance record of equipment used onsite shall be placed in the project file onsite prior to the start of construction and a copy submitted to the City Planning and Building Services Department. NOTES PREPARED BY: DATE COMPLETED: FURTHER ACTION REQUIRED: FOLLOW-UP REQUIRED: DATE FOLLOW-UP COMPLETED: 10 ruA M. w,nrr o MITIGATION MEASURE #10 The developer shall require the contractor to reduce the area or disturbance to the minimum feasible for specific construction activities. IMPLEMENTATION AND VERIFICATION ACTIONS The contract with the contractor shall include this requirement and non-compliance shall be deemed a violation of the terms of that contract. Verification of compliance shall be accomplished during site inspections by City staff. COMPLIANCE RECORD WHEN REQUIRED: A copy of the inspection notes shall be placed in the project file onsite and a copy provided to the City Planning and Building Services Department within one week of such inspection. This report shall include identification of any complaints received and the remediation measures implemented. NOTES PREPARED BY: DATE COMPLETED: FURTHER ACTION REQUIRED: FOLLOW-UP REQUIRED: DATE FOLLOW-UP COMPLETED: 11 ,a MW Anfr 1 MITIGATION MEASURE #11 The developer shall require the contractor to stabilize disturbed areas with either a hard surface covering or vegetation as soon as possible. IMPLEMENTATION AND VERIFICATION ACHONS This measure shall be incorporated into the erosion control and landscape/irrigation plans identified in Mitigation Measures 2 & 3. COMPLIANCE RECORD WHEN REQUIRED: See Mitigation Measures 2 & 3. NOTES PREPARED BY: DATE COMPLETED: FURTHER ACTION REQUIRED: FOLLOW-UP REQUIRED: DATE FOLLOW-UP COMPLETED: 12 ,n, Much]O.WJ I 0 MITIGATION MEASURE #12 The developer shall require the contractor to cease all clearing,grading,earth moving or excavation activities during periods of high winds (greater than 25 mph). IMPLEMENTATION AND VERIFICATION ACTIONS The contract with the contractor shall include this requirement and non-compliance shall be deemed a violation of the terms of that contract. The contract shall also include a requirement that the contractor maintain a record of high wind events (Incident Report) that identifies the time and date of each occurance and details the measures implemented to comply with this measure. Verification shall be provided by submittal of this record to the Planning and Building Services Department prior to final inspection and issuance of the certificate of occupancy. COMPLIANCE RECORD WHEN REQUIRED: A copy of the Incident Report shall be placed in the project file onsite within one week of such inspection. This record shall be submitted to the City Planning and Building Services Department prior to final inspection and issuance of the certificate of occupancy. NOTES PREPARED BY: DATE COMPLETED: FURTHER ACTION REQUIRED: FOLLOW-UP REQUIRED: DATE FOLLOW-UP COMPLETED: I 13 1DA My A aM MITIGATION MEASURE #13 The developer shall require the contractor to install adequate erosion control devices to prevent the deposition of sediments on paved surfaces; IMPLEMENTATION AND VERIFICATION This measure shall be incorporated into the erosion control and landscape and irrigation plans identified in Mitigation Measures #2 & 3. COMPLIANCE RECORD WHEN REQUIRED: See Mitigation Measures #2 & 3. PROGRAM SUBMITTED BY: NOTES PREPARED BY: APPROVED BY: DATE COMPLETED: FURTHER ACTION REQUIRED: FOLLOW-UP REQUIRED: DATE FOLLOW-UP COMPLETED: 14 O MITIGATION MEASURE #14 The site owner shall institute a program of regular private street and parking area sweeping. IMPLEMENTATION AND VERIFICATION ACTIONS A street and parking area sweeping schedule shall be made a condition of approval of this project. Verification shall be accomplished by maintenance of a condition of approval of this project. Verification shall be accomplished by maintenance of a sweeping record at the office of the site operator. This record shall be made available upon request. The sweeping record shall be updated on a monthly basis to reflect the past months activities and compliance with the sweeping program. COMPLIANCE RECORD WHEN REQUIRED: The sweeping record shall be updated on a monthly basis to reflect the past months activities and compliance with the sweeping program. A copy of this record shall be provided to the City Planning and Building Services Department on a monthly basis. NOTIFICATION SUBMITTED BY: NOTES PREPARED BY: DATE COMPLETED: FURTHER ACTION REQUIRED: FOLLOW-UP REQUIRED: DATE FOLLOW-UP COMPLETED: 15 MITIGATION MEASURE #15 The City shall require that all permits for stationary source generators of emissions secure the necessary permits from the SCAQMD or other responsible agencies. IMPLEMENTATION AND VERIFICATION ACTIONS The site developer shall submit applications to the SCAQMD for individual projects for which they are deemed necessary by the City Planning staff. This requirement shall be made a condition of approval of the project and compliance confirmed prior to issuance of any building permits. COMPLIANCE RECORD WHEN REQUIRED: Copies of all permits shall be placed in the project file within one week of submittal to the City Planning and Building Services Department. PROGRAM PREPARED BY: DATE COMPLETED: FURTHER ACTION REQUIRED: FOLLOW-UP REQUIRED: DATE FOLLOW-UP COMPLETED: 16 lDA MW M,1"3 0 MITIGATION MEASURE #16 The site owner shall maintain the existing landfill gas collection, venting and disposal system, in proper operating condition. This system shall continue to meet the requirements of Title 14 of the California Code of Regulations regarding the control or LFG under buildings located on or adjacent to landfills. IMPLEMENTATION AND VERIFICATION ACTIONS This measure shall be implemented by compliance with regulations and permits required or issued by responsible agencies such as the SCAQMD, RWQCB or Integrated Waste Management Board. COMPLIANCE RECORD WHEN REQUIRED: A copy of any permits or system certifications shall be placed in the project file onsite to be provided to the City Planning and Building Services Department within two weeks of receipt of such permit or certification. PROGRAM PREPARED BY: DATE COMPLETED: FURTHER ACTION REQUIRED: FOLLOW-UP REQUIRED: DATE FOLLOW-UP COMPLETED: 17 TDB MW M.M3 0 MITIGATION MEASURE #17 The developer shall file a Notice of Intent to Comply With the Terms or the General Permit to Discharge Storm Water Associated with Construction Activity (NOD and secure a General Construction Activity Storm Water Permit prior to commencing any land disturbance activities which require such a permit. This shall include preparation and implementation of a Storm Water Pollution Prevention Plan (SWPPP) that complies with State Board guidelines and criteria. IMPLEMENTATION AND VERIFICATION A ON This requirement shall be made a condition of approval of individual projects that are subject to the requirement at the center. Verification shall be provided by submittal of the NOI Storm Water Permit to the City Building Department and City Engineer prior to issuance of any grading permits for projects that are subject to this regulation. COMPLIANCE RECORD WHEN REQUIRED: A copy of the NOI and Storm Water Permit shall be placed in the project file at the City Planning and Building Department and City Engineer prior to issuance of grading permits. A copy of the Storm Water Permit and the SWPPP shall be placed in the project file kept onsite. REPORT SUBMITTED BY: NOTES PREPARED BY: DATE COMPLETED: FURTHER ACTION REQUIRED: FOLLOW-UP REQUIRED: DATE FOLLOW-UP COMPLETED: 18 m M�a M,Ifll © O MITIGATION MEASURE #18 Alter construction, onsite private street and parking lot sweeping shall be maintained to reduce the accumulation of urban waste and sediments. IMPLEMENTATION AND VERIFICATION ACTIONS See Mitigation Measure #14. COMPLIANCE RECORD WHEN REQUIRED: See Mitigation Measure #14. NOTES PREPARED BY: DATE COMPLETED: - FURTHER ACTION REQUIRED: FOLLOW-UP REQUIRED: DATE FOLLOW-UP COMPLETED: 19 TDA MW 30,3M3 MITIGATION MEASURE #19 Special design and engineering considerations shall be made to parking lot design to catch, filter and reduce the discharge of supernatant liquids, entrained sludge, urban waste and sediments where feasible. These considerations shall include the potential use of infiltration trenches to filter wastes from drainage Bows. Use of such devices shall be implemented when soil conditions and drainage patterns and volumes warrant their use. A regular cleaning program of such parking lot devices shall be made after each major storm and at monthly intervals during the months of April through October. IMPLEMENTATION AND VERIFICATION ACTION This measure shall be incorporated into the conditions of approval of individual projects and implemented by incorporation into the grading or site development plans submitted and approved with each project. The sweeping program shall be included with the implementation of Mitigation Measure #14. COMPLIANCE RECORD WHEN REQUIRED: A copy of approved grading or site development plan shall be maintained in the project file on the project site during construction activities. Copies of all inspection reports and certifications of acceptance(inspection final)by the City shall be placed in the project file at the City Engineering and Planning and Building Services Departments within one week of the inspection or acceptance of the project. A copy of the sweeping program shall be in the project file at the City Planning and Building Services Departments per Mitigation Measure #14. REPORT SUBMITTED BY: NOTES PREPARED BY: DATE COMPLETED: FURTHER ACTION REQUIRED: FOLLOW-UP REQUIRED: DATE FOLLOW-UP COMPLETED: 20 m MN O,Wl 0 MITIGATION MEASURE #20 Landscape design criteria shall he coordinated with engineering drainage plans to initiate the following objectives: hardscape areas should use pervious paving materials; turf areas should utilize Swale designs to slow runoff and maximize infiltration; roof leaders in buildings shall discharge to pervious areas, greenbelts and seepage pit areas where feasible; landscape areas shall be bermed to contain on-site water with special overflow systems designed into the landscape area systems;small landscaped areas such as planters,tree well and medians shall be designed so no automatic irrigation water flows off the planted areas; automatic irrigation systems will be required and will include water conserving control systems and shall be adaptable to the requirements of the changing seasons. IMPLEMENTATION AND VERIFICATION ACTIONS This measure shall be incorporated into the implementation and verification of Mitigation Measures #3 & 19. COMPLIANCE RECORD WHEN REQUIRED: See Mitigation Measures #3 & 19. REPORT SUBMITTED BY: NOTES PREPARED BY: DATE COMPLETED: FURTHER ACTION REQUIRED: FOLLOW-UP REQUIRED: DATA FOLLOW-UP COMPLETED: 21 ,aA My M,M MITIGATION MEASURE #21 Landscape irrigation containment structures similar to those in use at the existing one story buildings constructed partially over the landfill shall be installed at future building sites in Lots 31,32 and a portion of Lot 34. These structures shall drain irrigation water away from the landfill toward the parking structures to reduce the potential for water infiltrating the landfill material. IMPLEMENTATION AND VERIFICATION ACTIONS This measure shall be incorporated into the implementation and verification of Mitigation Measure #3, 19 & 20. COMPLIANCE RECORD WHEN REQUIRED: See Mitigation Measures #3, 19 & 20. PROGRAM PREPARED BY: DATE COMPLETED: FURTHER ACTION REQUIRED: FOLLOW-UP REQUIRED: DATE FOLLOW-UP COMPLETED: 22 ron Mw w,ins MITIGATION MEASURE #22 The Cite shall require that developers of the project secure all needed permits from the Regional Water Quality Control Board relative to leachate control and groundwater monitoring. IMPLEMENTATION AND VERIFICATION ACTIONS This measure shall be made a condition of the project. Compliance shall be verified by receipt. of such permits or a statement waiving such permits by the RWQCB. COMPLIANCE RECORD WHEN REQUIRED: A copy of the permits or waiver shall be placed in the project file onsite within two weeks of receipt of such by the site operator. This file shall be made available for review by City staff upon request. PROGF:AM PREPARED BY: DATE COMPLETED: FURTHER ACTION REQUIRED: FOLLOW-UP REQUIRED: DATE FOLLOW-UP COMPLETED: 23 raA MW M,M, o MITIGATION MEASURE #23 To mitigate potential impacts to groundwater quality and quantity from potential land uses on other portions of the site, the City shall require that all permits needed for each activity proposed onsite be secured by the developer (Regional Water Quality Control Board, SCAQMD, Health Departments, etc.). IMPLEMENTATION AND VERIFICATION ACTIONS This shall be made a condition of approval of those projects which propose such activities. The required permits shall be secured and presented to the responsible City agency prior to issuance of any site development permits, (building, grading, etc.) by the City. COMPLIANCE RECORD WHEN REQUIRED: A copy of the permit from the other responsible agency shall be placed in the project file at the appropriate City department within prior to issuance of the development permit. PROGRAM PREPARED BY: DATE COMPLETED: FURTHER ACTION REQUIRED: FOLLOW-UP REQUIRED: DATE FOLLOW-UP COMPLETED: 24 MA Mr ",IM o -� MITIGATION MEASURE #24 Design and installation of adequate onsite drainage amenities shall be required as part of the project review process. IMPLEMENTATION AND VERIFICATION ACTIONS The measure shall be made a condition of approval of the individual projects proposed onsite. Drainage control plans shall be submitted with site improvement or development plans for specific projects. These plans must be reviewed and approved by the City prior to issuance of grading or building permits. Verification shall be provided during site inspections by City staff or acceptance (final inspection) by the City. COMPLIANCE RECORD WHEN REQUIRED: A copy of approved plan and/or permit issued shall be maintained on the project site during construction activities. Copies of all inspection reports including final inspection shall be placed in the project file at the City Engineering and Planning and Building Services Departments within one week of such inspection. REPORT SUBMITTED BY: NOTES PREPARED BY: DATE COMPLETED: FURTHER ACTION REQUIRED: FOLLOW-UP REQUIRED: DATE FOLLOW-UP COMPLETED: 25 ,aA MW v„ o MITIGATION MEASURE #25 Site grading shall be required that will ensure adequate drainage to street areas rather than neighboring areas. IMPLEMENTATION AND VERIFICATION ACTIONS This shall be incorporated and implemented with Mitigation Measure #1. COMPLIANCE RECORD WHEN REQUIRED: See Mitigation Measure #1. REPORT SUBMITTED BY: NOTES PREPARED BY: DATE COMPLETED: FURTHER ACTION REQUIRED: FOLLOW-UP REQUIRED: DATE FOLLOW-UP COMPLETED: 26 ,n, Mr M.H03 MITIGATION MEASURE #26 All building structures shall be protected against a 100-year flood, elevation of first floors should be a minimum of one foot above the 100-year flood elevation. IMPLEMENTATION AND VERIFICATION ACTTONS This measure shall be made a condition of approval of individual project that could be within the 100 year flood plain. Grading plans or site development plans submitted for such projects shall include a detailed hydrology study that verifies the locations and elevations of the proposed structures are above the 100 year flood plain. Approval of these plans based on review of the hydrology study will constitute compliance with this measure. COMPI iANCE RECORD WHEN REQUIRED: A copy of the approved plan shall be maintained in the project file on the project site during construction activities. Copies of all inspection reports and certifications of acceptance (inspection final) by the City shall be placed in the project file at the City Engineering and Planning and Building Services Department within one week of the inspection. NOTES PREPARED BY: DATE COMPLETED: FURTHER ACTION REQUIRED: FOLLOW-UP REQUIRED: DATE FOLLOW-UP COMPLETED: 27 'mw MW M,V*3 0 0 MITIGATION MEASURE #27 At least two routes or ingress and egress to the development shall must be available during a 100-year flood. IMPLEMENTATION AND VERIFICATION ACTIONS This measure shall be made a condition of approval of individual projects onsite. Prior to approval of the project and issuance of development permits (grading, building, etc.) a finding of adequate access must be made by the City Planning and Building Services and Fire departments. COMPLIANCE RECORD WHEN REQUIRED: A copy of the finding shall be placed in the project file at the City Planning, Engineering or Fire Department prior to issuance of any development permits. NOTES PREPARED BY: DATE COMPLETED: FURTHER ACTION REQUIRED: FOLLOW-UP REQUIRED: DATE FOLLOW-UP COMPLETED: 28 MITIGATION MEASURE #28 The foundation designs for all structures shall be based on detailed soils and engineering studies. IMPLEMENTATION AND VERIFICATION ACTIONS All grading and building plans submitted to the City for review and permitting shall be accompanied by soils and engineering studies prepared by a qualified soils engineer or engineering geologist which contain recommendations for the design of structures for which the plans are submitted. These plans shall incorporate the recommendations provided in those studies. Verification shall be provided by City staff during building grading inspections. COMPLIANCE RECORD WHEN REQUIRED: A copy of the approved plans and/or permits shall be maintained on the project site during construction activities. Copies of all inspection reports, including final inspection, shall be placed in the project fide at the City Engineering and Planning and Building Services Departments within one week of such inspections. NOTES PREPARED BY: DATE COMPLETED: FURTHER ACTION REQUIRED: FOLLOW-UP REQUIRED: DATE FOLLOW-UP COMPLETED: 29 roe My M.1M3 MITIGATION MEASURE #29 Throughout the remaining planning and design stages of the project,the riparian vegetation within the Santa Ana River wash shall continue to be preserved due to its status as being representative of a very limited vegetation type. IMPLEMENTATION AND VERIFICATION AC171ONS This review of each individual project shall be made prior to its approval or issuance of development permits (building, grading, etc.) to determine that riparian vegetation within the Santa Ana River wash is not disturbed. Verification shall be provided during site inspections by City staff. COMPLIANCE RECORD WHEN REQUIRED: A copy of the approved plans and/or permits shall be maintained on the project site during construction activities. Copies of all inspection reports, including final inspections, shall be placed in the project file at the City Engineering and Planning and Building Services Departments within one week of such inspections. NOTES PREPARED BY: DATE COMPLETED: FURTHER ACTION REQUIRED: FOLLOW-UP REQUIRED: DATE FOLLOW-UP COMPLETED: 30 TDA M.r x,M3 ,1 MITIGATION MEASURE #30 The applicant shall ensure that all construction equipment be operated with mandated noise control equipment (mutliers or silencers). IMPLEMENTATION AND VERIFICATION ACTIONS This measure shall be made a condition of approval of individual projects and incorporated into the contract with the project contractor. Non-compliance shall be deemed a violation of the terms of that contract. Verification of compliance shall be during random inspections by City staff and following receipt of complaints about noise. COMPLIANCE RECORD WHEN REQUIRED: Site inspection reports shall be placed in the project file at the City Planning and Building Services Department within one week of such inspections. NOTIFICATION SUBMITTED BY: NOTES PREPARED BY: DATE COMPLETED: FURTHER ACTION REQUIRED: FOLLOW-UP REQUIRED: DATE FOLLOW-UP COMPLETED: 31 roe MWx.un MITIGATION MEASURE #31 Construction activities shall be restricted to the hours between 7 a.m. and 6 p.m. IMPLEMENTATION AND VERIFICATION ACTIONS This measure shall be made a condition of approval of individual projects and incorporated into the contract with the project contractor. Non-compliance shall be deemed a violation of the terms of that contract. Verification of compliance shall be during random inspections by City staff. COMPLLANCE RECORD WHEN REQUIRED: A copy of the latest maintenance record of equipment used onsite shall be placed in the project file onsite prior to the start of construction. A copy of the inspection reports shall be placed in the project file at the City Planning and Building Services Department within one week of the inspections. MAP SUBMITTED BY: CONTROL METHOD SUBMITTED BY: NOTES PREPARED BY: APPROVED BY: DATE COMPLETED: FURTHER ACTION REQUIRED: FOLLOW-UP REQUIRED: DATE FOLLOW-UP COMPLETED: 1 32 MITIGATION MEASURE #32 The City shall review each project proposed to determine its compliance with applicable noise standards and establish conditions of approval that adequately mitigate potential noise impacts. IMPLEMENTATION AND VERIFICATION ACTIONS This measure shall be incorporated into the conditions of approval for this project and for each subsequent project. Verification shall be provided during the planning process for Development Plans or Conditional Use Permits and building plan check and construction inspections by City staff. Where deemed necessary by the City, building plans submitted for plan check and approval shall be accompanied by a project specific noise study prepared by a qualified expert. COMPLIANCE RECORD WHEN REQUIRED: A copy of the approved building plans shall be placed in a project file onsile prior to the start of construction. A copy of all inspection reports including final inspection shall be placed in the project file at the City Planning and Building Services Department within one week of such inspection. DRAWINGS SUBMITTED BY: NOTES PREPARED BY: DATE COMPLETED: FURTHER ACTION REQUIRED: FOLLOW-UP REQUIRED: DATE FOLLOW-UP COMPLETED: 33 lW M�rte p,Uf) O MITIGATION MEASURE #33 The City shall review each proposed activity within this development, including construction plans,to ensure that its implementation does not create a significant threat to human health and safety. IMPLEMENTATION AND VERIFICATION ACTIONS This measure shall be implemented during review and approval of future projects including development and/or building plans submitted for approval. Verification shall be accomplished during plan review and site inspections by City staff. COMPLIANCE RECORD WHEN REQUIRED: A copy of the approved plans shall be maintained in the project file on the project site during construction activities. Copies of all inspection reports and certifications of acceptance (inspection final) by the City shall be placed in the project file at the City Engineering and Planning and Building Services Department within one week of the inspection, including the final inspection. NOTES PREPARED BY: DATE COMPLETED: FURTHER ACTION REQUIRED: FOLLOW-UP REQUIRED: DATE FOLLOW-UP COMPLETED: 34 ,n My r", MITIGATION MEASURE #34 The City shall require the developer to acquire permits from other responsible agencies (i.e. SCAQMD, Regional Water Quality Control, etc.), when needed, as part of the building permit process to ensure that proposed facilities meet the design and operation standards of these responsible agencies. IMPLEMENTATION AND VERIFICATION ACTIONS The site developer shall submit applications to other responsible agencies for individual projects for which they are deemed necessary by the City Planning staff. This requirement shall be made a condition of approval of the affected projects and compliance confirmed by submittal of the appropriate permits or proof of meeting statutory notification or compliance requirements to the City prior to issuance of any development permits (grading, building, etc.,) by the City. COMPLIANCE RECORD WHEN REQUIRED: Copies of all permits shall be placed in the project file within one week of submittal to the City Planning and Building Services Department. NOTES PREPARED BY: DATE COMPLETED: FURTHER ACTION REQUIRED: FOLLOW-UP REQUIRED: DATE FOLLOW-UP COMPLETED: 35 TDA Mr M,1M1 MITIGATION MEASURE #35 Facilities that store hazardous materials or wastes shall provide the City with a business plan which outlines the materials stored,storage containers and locations,and emergency response program in case of accidental release of material. IMPLEMENTATION AND VERIFICATION ACTIONS This measure shall be made a condition of approval of all projects which propose such uses and facilities. This business plan shall be submitted and approved by the appropriate agency or department prior to such materials being stored. Additionally, the City Planning and Building Services Department needs to be notified that a business plan and emergency response program have been filed with DEHS and City Fire Department. COMPLIANCE RECORD WHEN REQUIRED: A copy of the business plan shall be kept in the office of the company for which it is prepared and at the office of the agency or department which has jurisdiction. This plan shall be placed in the project file prior to storage of such materials or wastes. Additionally, the City Planning and Building Services Department needs to be notified that a Business Plan and/or Emergency Response Plan have been filed with the Department of Environmental Health Services and City Fire Department. NOTES PREPARED BY: DATE COMPLETED: FURTHER ACTION REQUIRED: FOLLOW-UP REQUIRED: DATE FOLLOW-UP COMPLETED: 36 MA ra.,..w,M MITIGATION MEASURE #36 a. At the time of Phase 1 development or when new development at the Centre results in the generation of an additional 2033 vehicle trips in the PM peak hour above current levels, the site developer shall construct the following unless already installed: Waterman Avenue and Hospitalf y Lane (WA) Northbound: Add a second exclusive right turn lane. (WA Southbound: Add a third through lane. (HL) Westbound: Add a second left turn lane. Restripe for one (1) through lane. Restripe for one (1) exclusive right turn lane. Hospitality Lane and Carnegie Drive17-I0 Ramps (HL) Eastbound: Add a second through lane. (HL) Westbound: Add a second left turn lane. Tippecanoe Avenue and 7-10 Westbound Ramps (TA) Southbound: Add one (1) exclusive-free right turn lane. (TA) Northbound: Restripe middle lane for shared left and through lane. Tippecanoe Avenue and I-10 Eastbound Ramps (TA) Southbound: Restripe middle lane for shared left and through lane. b. At the time of Phase 2 development or when new development at the Centre results in the generation of an additional 964 vehicle trips in the PM peak hour above levels identified in Mitigation Measure 36A or when determined necessary by the City's Engineering/Public Works Department, the site developer shall construct the following unless already installed: Carnegie Drive and Yanderbill Way Signalization of the intersection. Hospitality Lane and Harriman Place Signalization of the intersection. At the time these measures are implemented, or when determined necessary by the City's Engineering/Public Works Department, the site developer shall contribute its fair share contribution for the following improvements. The amount of this contribution shall be negotiated between the City and site developer and shall be based on this projects contribution to the identified impact: Watermmt Avenue and Redlands Boulevard (RB) Eastbound: Add a second left turn. (RB) Westbound: Add a second/left turn. 37 lDA MW MM.H93 Tippecanoe Avenue and Hamman Place (HL) Eastbound: Reslripe to provide one (1) shared left-through lane, and one (1) exclusive right turn lane. C. At the time of Phase 3 development or when new development at the Centre results in the generation of an additional 654 vehicle trips in the PM peak hour above levels identified in Mitigation Measure 36.b or when determined necessary by the City's Engineering/Public Works Department, the site developer shall construct the following unless already installed: Waterman Avenue and Vanderbilt Way (WA) Northbound: Convert the exclusive right turn lane to a shared right turn-through lane. Transition north of intersection. Carnegie Drive and Hospitality Lane/7-70 Ramp (CD) Southbound: Add a second through lane. At the time these measures are implemented, or when determined necessary by the City's Engineering/Public Works Department, the site developer shall contribute its fair share contribution for the following improvements. The amount of this contribution shall be negotiated between the City and site developer and shall be based on this projects contribution to the identified impact: Tippecanoe Avenue and Hamman Place (TA) Northbound: Convert the exclusive right-turn lane to a shared right-through lane. Widen as needed and extend through intersection. (TA) Southbound: Add a second through lane. d. At the time of Phase 4 development or when new development at the Centre results in the generation of an additional 695 vehicle trips in the PM peak hour above levels identified in Mitigation Measure 36.c. or when determined necessary by the City's Engineering/Public Works Department,the site developer shall contribute its negotiated fair share contribution for the following improvements and shall be based on this projects contribution to the identified impact: Waterman Avenue and Hospitality Lane (HL) Eastbound Add a second exclusive right turn lane. Tippecanoe Avenue and I-10 Westbound Ramps (TA) Southbound: Add a third through lane. (TA) Tippecanoe Avenue and 1-10 Eastbound Ramps Northbound: Add one (1) exclusive right turn. 38 lDA Mu M,1993 The mitigations recommended for the Tippecanoe and 1.10 interchange will require widening of the existing five (5) lane cross section of Tippecanoe Avenue under the bridge, to sir. (6) lanes. Field observations have identified that curbed sidewalk areas of approximately ten feet (10) in width exist along both sides of the road under the bridge structure. These areas can be cut back on both sides to yield the additional lane. The adequacy of these measures is dependent upon the following improvement being constructed by the City or others at this time. Orange Show Road Constructed to its full General Planned width between Arrowhead Avenue and Waterman Avenue. Should this roadway not be constructed,no building permits for Phase 4 or later development phases shall be issued until a revised tragic impact analysis (TIA) is prepared which evaluates the impacts to the roadway system from continued development without installation of the Orange Show Road extension and which also identifies adequate measures to mitigate impacts to acceptable levels on affected roadways. e. At the time of Phase 5 development or when new development at the Centre results in the generation of an additional 668 vehicle trips in the PM peak hour above levels identified in Mitigation Measure 36.d. or when determined necessary by the City traffic engineer, the site developer shall contribute its fair share contribution for the following improvements and shall be based on this projects contribution to the identified impact: Waterman Avenue and Hospitality Iane (HL) Eastbound: Add a second through lane. (HL) Westbound: Add a second through lane. Camegie Drive and Noah-South Arterial Signalization of the intersection. The adequacy of these measures is dependant upon the following improvement being constructed by the City or others at this time. The North-South arterial to the project boundary shown on the City's General Plan as situated between Waterman Avenue and Tippecanoe Avenue. Should this roadway improvement not be constructed, no building permits for Phase 5 or later development phases shall be issued until a revised TIA is prepared which evaluates the impacts to the roadway system from continued development without installation of the "North-South Arterial"identified above. This study shall also identify adequate measures to mitigate impacts to acceptable levels on affected roadways. This projects fair share contribution to the construction of the North-South arterial shall be dedication of right of way and the construction of roadway improvements for that portion of the North-South Arterial within the Centre's project boundaries. 39 nm MW w,im f. At the time of Phase 6 development or when development at the Centre results in the generation of an additional 958 vehicle trips in the PM peak hour above levels identified in Mitigation Measure 36.e. or when determined necessary by the City traffic engineer, the site developer shall contribute its fair share contribution for the following improvements and shall be based on this projects contribution to identified impacts. Waterman Avenge and Redlands Boulevard (WA) Northbound: Add a third through lane. (RB) Eastbound: Add one (1) exclusive right-turn lane. Tippecanoe Avenue and Harriman Place (HP) Eastbound: Add a second exclusive right-turn lane. Trppecanoe Avenue and I-10 Eastbound Ramps (TA) Northbound: Convert the exclusive right-turn lane to a shared right-through lane. IMPLEMENTATION AND VERIFICATION ACTIONS Prior to approval of each new individual project within the Centre, the City Engineering/Public Works Department shall review the project to determine its potential impact to the area roadway and circulation system. This determination shall be made by analyzing existing data and projecting traffic volumes or by implementing new traffic counts and applying the projected project related traffic volumes to the roadway system. The results of this analysis shall be used to determine the appropriate time for implementing the needed roadway improvements or fair share contribution. The identified improvements or contributions shall be made conditions of approval of the project being reviewed. Verification of compliance shall be provided during the City's planning process for Development Plans or Conditional Use Permits,during plan check and approval process and during construction inspection. 40 MA Mr 30.1393 0 COMPLIANCE RECORD WHEN REQUIRED: A copy of the adopted condition of approval shall be kept in the project file at the City Engineering/Public Works Department and the City Planning and Building Services Department. A copy of the approved plans shall be kept in the project file onsite during construction activities. A copy of all inspection reports including the final inspection shall be placed in the project file at the City Engineering/Public Works Department and a copy provided to the City Planning and Building Services Department within one week of such inspections. NOTES PREPARED BY: DATE COMPLETED: FURTHER ACTION REQUIRED: FOLLOW-UP REQUIRED: DATE FOLLOW-UP COMPLETED: 41 mA My M,M3 0 0 MITIGATION MEASURE #37 The City shall require the preparation of a new traffic impact analysis (TIA) that evaluates the impacts to the roadway system from continued development at the Centre under a revised scenario should any of the assumptions contained in the TIA not be implemented in the manner and the time frames provided in that document. The City shall cease issuing Development Permits at the Centre should any of the mitigation milestones identified in Mitigation Measure#36 not be met. The issuance of Development Permits shall not resume until the revised traffic study containing mitigation measures that ensure an adequate level or service is maintained in affected roadways is approved by the City. IMPLEMENTATION AND VERIFICATION ACTIONS This measure shall be implemented with Mitigation Measure #36. If during review of the new project, it is determined that roadway improvement assumptions contained in the approved (TIA) are not implemented at the time required by the TIA, a revised TIA must be submitted and approved prior to approval of the new project. COMPLIANCE RECORD WHEN REQUIRED: The revised TIA must be reviewed and approved by the City (Engineering/Public Works Department prior to approval of the affected project. A record of that approval shall be provided to the City Planning and Building Services Department. NOTES PREPARED BY: DATE COMPLETED: FURTHER ACTION REQUIRED: FOLLOW-UP REQUIRED: DATE FOLLOW-UP COMPLETED: 42 ,a, Mn A A H93 MITIGATION MEASURE #38 Prior to issuance of any Building Permits after completion of the I-10/waterman Avenue ramp modifications, the AM and PM peak hour levels of service at regionally significant intersections shall be monitored to determine their existing level of service designations. Based on the results of that monitoring program, the project related mitigation measures at those intersections should be evaluated to determine their adequacy. This monitoring program could be implemented prior to initiating each phase of development to determine the existing level of service at each regionally significant intersection to determine the adequacy of implemented mitigation measures. Should this monitoring reveal that these measures are not adequate,additional measures shall be established as conditions of approval of future phases of development. IMPLEMENTATION AND VERIFICATION ACTIONS This measure shall be implemented with as part of Mitigation Measure # 36 and made a condition of approval of new projects submitted for future phases of development. The results of the monitoring shall be used to develop conditions of approval for future projects. COMPLIANCE RECORD WHEN REQUIRED: A copy of the monitoring results shall be placed in the project file at the City Engineer's office prior to approval of proposed project and the Planning and Building Services Department notified of the results of this monitoring. NOTES PREPARED BY: DATE COMPLETED: FURTHER ACTION REQUIRED: FOLLOW-UP REQUIRED: DATE FOLLOW-UP COMPLETED: i i I i a I 43 'mA Mud M,M3 i o MITIGATION MEASURE #39 The City shall continue to man and operate the fire station located onsite to provide adequate fire protection in the project area. IMPLEMENTATION AND VERIFICATION ACTIONS Prior to approval of each new project, the City shall review the adequacy of the existing fire protection facilities for the project area. If the existing facilities are deemed inadequate, conditions of approval that provide for this projects fair share contributions to the upgrade of the fire protection system shall be incorporated into the approval of future projects that impact the existing fire protection system. COMPLIANCE RECORD WHEN REQUIRED: A copy of all future projects conditions of approval shall be maintained in the project file at the City Planning and Building Services Department. NOTES PREPARED BY: DATE COMPLETED: FURTHER ACTION REQUIRED: FOLLOW-UP REQUIRED: DATE FOLLOW-UP COMPLETED: 44 MMGATION MEASURE #40 The City shall require that all structures proposed at the Centre meet the latest tare codes and regulations regarding type or construction and materials used. This shall be accomplished during the planning process, building plan checks and construction inspections. This review and inspection process shall include implementation of the recommendations and requirements made by the City Fire Department. IMPLEMENTATION AND VERIFICATION ACTIONS This shall be made a condition of approval of future projects. All building or structure plans shall be reviewed and approved by the City Planning and Building Services and Fire departments to ensure compliance with applicable codes and regulations. Verification of compliance shall be provided during building inspections by City staff. COMPLIANCE RECORD WHEN REQUIRED: A copy of the approved building plans and permits shall be kept onsite during construction activities. Copies of the inspection reports including the final inspection or structure acceptance shall be placed in the project file at the City Planning and Building Services Department within one week of such inspections. NOTES PREPARED BY: DATE COMPLETED: FURTHER ACTION REQUIRED: FOLLOW-UP REQUIRED: DATE FOLLOW-UP COMPLETED: 45 rn� M.mx.nn MITIGATION MEASURE #41 Prior to the approval of individual projects, the City Water Department shall review these projects and the existing water system to determine its adequacy to provide service. If the system requires upgrading, the needed water system improvements shall be made conditions of approval of the project. IMPLEMENTATION AND VERIFICATION ACTIONS The City shall ensure that an adequate source of water is available at the site to meet fire flow requirements. This includes adequate transmission facilities (pipes, fire hydrants, etc.) This determination shall be made prior to approving individual projects within the Centre. Should it be determined that existing facilities are not adequate, the City shall include adequate water system improvements in the project conditions of approval. Verification of compliance shall be made during plan check and inspection of the water system improvements by the City Water Department. COMPLIANCE RECORD WHEN REQUIRED: A copy of the approved water plans shall be kept in the project file onsite during construction activities. A copy of all inspection records, including acceptance of the system improvements, shall be placed in the project file at the City Water Department and the City Planning and Building Services Department within one week of such inspections. NOTES PREPARED BY: DATE COMPLETED: FURTHER ACTION REQUIRED: FOLLOW-UP REQUIRED: DATE FOLLOW-UP COMPLETED: 46 YDA MArc ".nfr MITIGATION MEASURE #42 The City Police Department shall review development plans for Individual projects and its recommendations incorporated into the conditions of approval for this project. IMPLEMENTATION AND VERIFICATION ACTIONS The City Police Department shall review development plans for individual projects and its recommendations incorporated into the conditions of approval for the project. Verification of compliance shall be provided during site inspections by City staff. COMPLIANCE RECORD WHEN REQUIRED: A copy of the inspection reports, including the final inspection, shall be placed in the project file at the City Planning and Building Services Department within one week of such inspection. NOTES PREPARED BY: DATE COMPLETED: FURTHER ACTION REQUIRED: FOLLOW-UP REQUIRED: DATE FOLLOW-UP COMPLETED: 47 rW Mrm J,,V)J o MITIGATION MEASURE #43 The developer shall pay required school impaction fees to mitigate potential impacts to the local school system from development or this project- IMPLEMENTATION AND VERIFICATION ACTIONS This measure shall be incorporated into the conditions of approval of the projects. The required fees shall be paid prior to issuance of building permits for any structures subject to such fees. COMPLIANCE RECORD WHEN REQUIRED: The site developer shall retain a copy of the receipt for payment of such fees at his place of business prior to the start of building construction. A copy of the receipt will be shown to Planning and Building Services personnel prior to issuance of Building Permits. NOTES PREPARED BY: DATE COMPLETED: FURTHER ACTION REQUIRED: FOLLOW-UP REQUIRED: DATE FOLLOW-UP COMPLETED: 48 TDA MM M,IAJ MITIGATION MEAS RE #44 The developer shall work with the County Solid Waste Management Department to develop a program for tenants of the Centre that will provide recycling capability at the Center consistent with Department programs. This program shall include the identification of recyclable materials (white paper,aluminum,glass,newsprint, plastic,etc.) as well as identifying methods of collection and disposal. This program shall also identify those substances (toxic and hazardous) which require special disposal methods and sites. The identification of the appropriate means of disposal of these substances shall be included in the program. IMPLEMENTATION AND VERIFICATION ACTIONS This measure shall be made a condition of approval of future projects. The County Solid Waste Management Department shall be contacted prior to project approval to identify the waste disposal methods and programs which should be implemented at this site. Those recommendations which can feasibly be implemented by the project shall be incorporated into the project conditions of approval. COMPLIANCE RECORD WHEN REQUIRED: A copy of the project conditions of approval shall be maintained in the project file at the City Planning and Building Services Department. NOTES PREPARED BY: DATE COMPLETED: FURTHER ACTION REQUIRED: FOLLOW-UP REQUIRED: DATE FOLLOW-UP COMPLETED: MITIGATION MEASURE #45 The City shall ensure that all applicable energy conservation codes and regulations are included in the design and construction of new structures during the plan check and building inspection process. IMPLEMENTATION AND VERIFICATION ACTIONS All building plans shall be reviewed and approved by the City Building Department. Verification shall be provided by issuance of the building permits and during building inspections by City staff. COMPLIANCE RECORD WHEN REQUIRED: A copy of the approved plans and building permits shall be kept onsite during construction activities. A copy of all inspection reports, including the final inspection, shall be placed in the project file at the Building Department within one week of such inspections. NOTES PREPARED BY: DATE COMPLETED: FURTHER ACTION REQUIRED: FOLLOW-UP REQUIRED: DATE FOLLOW-UP COMPLETED: 50 MA Mud AM3 MITIGATION MEASURE #46 indivia al verification that Centre to ensure ethat continued development service wills not available ause a approval of adverse effect on a these services. IMPLEMENTATION AND VERIFICATION ACTIONS This measure shall be implemented with Mitigation Measure #41. Review of the existing sewer system shall occur concurrently with review of the water system. COMPLIANCE RECORD WHEN REQUIRED: See Mitigation Measure #41. NOTES PREPARED BY: DATE COMPLETED: FURTHER ACTION REQUIRED: FOLLOW-UP REQUIRED: DATE FOLLOW-UP COMPLETED: 51 YDA Me X,VMM MITIGATION MEASURE #47 The City shall require the developer to implement water conservation activities deemed appropriate by the City Water Department. IMPLEMENTATION AND VERIFICATION ACTIONS This measure shall be implemented with Mitigation Measure #42. Recommendations shall be incorporated into the conditions of approval of individual projects. COMPLIANCE RECORD WHEN REQUIRED: See Mitigation Measure #41. NOTES PREPARED BY: DATE COMPLETED: FURTHER ACTION REQUIRED: FOLLOW-UP REQUIRED: DATE FOLLOW-UP COMPLETED: 52 M. M,Vf) C O MITIGATION MEASURE #48 In the unlikely event that archaeological resources are encountered during construction activities onsite, all work in the area of the f nd shall cease and a qualified archaeologist brought to the site to evaluate the rind igation measures. The archaeologist's recommendations shall be implemented and determine appropriate mit to provide adequate mitigation for potential impacts. IMPLEMENTATION AND "cRIFICATION ACTION The measure shall be made a condition of approval of individual projects and incorporated into the contract with any contractor involved in land disturbance activities. Non-compliance with this measure shall be deemed a violation of the terms of the contract. A record of any actions taken shall be made by the contractor a copy of that record submitted to the City Planning and Building Services Department. Verification shall be provided during site inspections by City staff. COMPLIANCE RECORD WHEN REQUIRED: A copy of the contract shall be made available to the City Planning and Building Services Department staff upon request. A copy of all inspection reports shall be placed in the project foe within one week of such inspections. If resources are encountered,a report identifying when, where the find occurred, and the archaeologist retained shall be prepared. This report shall also detail the disposition of the resource. NOTES PREPARED BY: DATE COMPLETED: FURTHER ACTION REQUIRED: FOLLOW-UP REQUIRED: DATE FOLLOW-UP COMPLETED: 53 ro& MW M.nf] 0 0 RESOLUTION NO. RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING THE NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND THE MITIGATION MONITORING/REPORTING PROGRAM; AND ADOPTING AND AUTHORIZING THE EXECUTION OF DEVELOPMENT AGREEMENT NO. 92-01 (TRICITY CORPORATE CENTRE PROJECT) . BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. RECITALS A. WHEREAS, the Mayor and Common Council adopted the General Plan for the City of San Bernardino by Resolution No. 89-159 on June 2 , 1989; and B. WHEREAS, the General Plan made provisions for the adoption of development agreements and development plans to further implement the goals, objectives and policies; and C. WHEREAS, Development Agreement No. 92-01 will vest the developer with the right to develop the subject property in accordance with the TriCity Corporate Centre Land Use Plan And Design Guidelines (Land Use Plan) and will ensure that infrastructure and improvements are constructed for the 152 .7 acre project site which is generally located north of I-10 and the Santa Ana River and between Waterman Avenue and the Gage Canal. The TriCity Corporate Centre Project includes Development Code Amendment No. 92-13, which will add the Land Use Plan into the Development Code as an overlay district and Conditional Use Permit No. 92-33 , which will provide public review of eight (8) buildings proposed to exceed 4 stories (or 52 feet) in height at locations within the project area as specified by the Land Use Plan; and D. WHEREAS, an Initial Study was prepared for the project and tiered from the 1983 Environmental Impact Report (EIR) that was prepared for the TriCity Redevelopment Area Development Plan in accordance with Section 15180 of the California Environmental Quality Act (CEQA) Guidelines which provides for the evaluation of the TriCity Corporate Centre Project under the contents and findings of the original EIR and the determination of whether any subsequent environmental documentation is required based on current environmental conditions and/or new information; and E. WHEREAS, on December 17, 1992 the Environmental Review Committee determined that while Development Code Amendment No. 92- 13, Conditional Use Permit No. 92-33 and Development Agreement No. 92-01 could result in significant environmental effects on a regional scale (based on the overall square footage of the project) , the effects can be mitigated to below a level of significance; and F. WHEREAS, the Initial Study and the Mitigated Negative Declaration were made available to the public, responsible agencies and other interested persons for their review and comment from December 25, 1992 to January 22, 1993 , as required by CEQA; and G. WHEREAS, verbal and written comments were received on the Initial Study and the Mitigated Negative Declaration; and H. WHEREAS, these comments were responded to both orally and in writing as required by CEQA; and I. WHEREAS, on January 28, 1993 the Development Review Committee recommended clearance of the Development Code Amendment, Conditional Use Permit and Development Agreement to the Planning Commission; and J. WHEREAS, the Planning Commission conducted a noticed O public hearing on April 20, 1993 in order to receive public testimony and written and oral comments on Development Code Amendment No. 92-13, Conditional Use Permit No. 92-33 and Development Agreement No. 92-01; and K. WHEREAS, the proposed Mitigation Monitoring/Reporting Program was reviewed by the Planning Commission in compliance with CEQA; and L. WHEREAS, the Planning Commission, after receiving public testimony, recommended adoption of the Mitigated Negative Declaration, adoption of the Mitigation Monitoring/Reporting Program, approval of Development Code Amendment No. 92-13, approval of Conditional Use Permit No. 92-33 and approval of Development Agreement No. 92-01; and M. WHEREAS, the Mayor and Common Council conducted a noticed public hearing on May 24, 1993 and fully reviewed and considered the Mitigated Negative Declaration, the Mitigation Monitoring/Reporting Program, Development Code Amendment No. 92-13, Conditional Use Permit No. 92-33 and Development Agreement No. 92- 01 , the Planning Division staff reports and the recommendation of the Planning Commission. SECTION 2 . NEGATIVE DECLARATION NOW, THEREFORE BE IT RESOLVED, FOUND AND DETERMINED by the Mayor and Common Council that the proposed Development Agreement will have no significant effect on the environment, and the Mitigated Negative Declaration heretofore prepared by the Environmental Review committee as to the effect of this proposed Agreement is hereby ratified, affirmed and adopted. o SECTION 3 . MITIGATION MONITORING/REPORTING PROGRAM BE IT FURTHER RESOLVED by the Mayor and Common Council that the Mitigation Monitoring/Reporting Program is hereby ratified, affirmed and adopted. The Mitigation Monitoring/Reporting Program is attached hereto as Exhibit C to Attachment A (Development Agreement) and incorporated herein by reference. SECTION 4. DEVELOPMENT AGREEMENT FINDINGS BE IT FURTHER RESOLVED by the Mayor and Common Council of the City of San Bernardino that: A. The proposed Development Agreement No. 92-01 is not in conflict with the goals, objectives and policies of the General Plan. B. The proposed Development Agreement No. 92-01 is consistent with the Development Code. C. The proposed Development Agreement No. 92-01 will promote the welfare and public interest of the City. SECTION 5. AGREEMENT BE IT FURTHER RESOLVED by the Mayor and Common Council that: A. Development Agreement No. 92-01 will govern the development of the TriCity Corporate Centre Project area as specifically described in the Development Agreement labeled Attachment A, a copy of which is attached and incorporated herein by reference. B. In addition to the Mitigation Monitoring/Reporting Program , DDevelopment Agreement No. 92-01 includes the following documents as exhibits: 1. ) Legal Description of Property (Parcel Maps Attached) (Exhibit 0 0 A-1) ; 2 . ) Legal Description of Landfill (Parcel Maps Attached) (Exhibit A-2) ; and, 3 . ) TriCity Corporate Centre Land Use Plan And Design Guidelines (Exhibit B) . Copies of Exhibits A-1, A-2 and B are labeled (as indicated) , attached and incorporated herein by reference. C. The Development Agreement as described in Section 5. , Subsection A. is designated as Development Agreement No. 92-01 and shall take effect upon the effective date of an accompanying ordinance which adopts and implements Development Code Amendment No. 92-13 (to establish the TriCity Corporate Centre Land Use Plan And Design Guidelines as an overlay zone) . SECTION 6. NOTICE OF DETERMINATION The Planning Division is hereby directed to file a Notice of Determination with the County Clerk of the County of San Bernardino certifying the City's compliance with the California Environmental Quality Act in preparing the Negative Declaration and Mitigation Monitoring/Reporting Program. SECTION 7. RECORDATION The developer shall record the Development Agreement in the Office of the County Recorder no later than ten (10) days after it is executed by the parties. RESOLUTION . . .ADOPTING THE NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND THE MITIGATION MONITORING/REPORTING PROGRAM; AND ADOPTING AND AUTHORIZING THE EXECUTION OF DEVELOPMENT AGREEMENT NO. 92-01 (TRICITY CORPORATE CENTRE PROJECT) . I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a meeting therefore held on the day of 1993, by the following vote to wit: Council Members AYES NAYS ABSTAIN ABSENT ESTRADA REILLY HERNANDEZ MAUDSLEY MINOR _ POPE-LUDLAM MILLER City Clerk The foregoing resolution is hereby approved this day of 1993. W.R. Holcomb, Mayor City of San Bernardino Approved as to form and legal content: JAMES F. PENMAN City Attorney By: O E X H I B I T "A - 1 " L E G A L D E S C R I P T I O N Lots 8 through 14 , and Lots 27 through 34 , of Tract No . 12034 , per Book 168 of Maps , Pages 75-87 , Records of San Bernardino County . Contains 179 .801 acres , more or less . JOHN R. L DAWgON a 354 Nr Exp. 6-30-96 Q 9TFOF CALF�~ o � 0o 4b e 2 U J OJT �� X14 1 Iit o , ` ki \ u LU \ I C ° \ R o •o � �Nb•� ` \ m s 2 o+ ' Q W t \ 1 J M 1 O a� O N r p' r0 I r � Q o yd J Q I r I I b p I r 0 w 1 � = I N f W R J f.9 � Z 0 a � o p1 t 3nN3AV NVHd31YA 0 0 E X H I B I T .A - 1 " L E G A L D E S C R I P T I O N Lots 8 through 14 , and Lots 27 through 34 , of Tract No . 12034 , per Book 168 of Maps , Pages 75-87 , Records of San Bernardino County . Contains 179 .801 acres , more or less . WXj d y � JOHN R. L DAW$ON a 354 cr Exp. 630.96 Q 9TFCf CALF o�� 0 0 0 = U � s IRK o O Ln a ` 1 QcI \ 1 J W � m o NY> QW p \ :cu N m Q I = � 1 O 1 � m r N J � I e. r O I I r O b 1 I I ® W I N ~ J S t N f:l � Z m i O L 1 Z -7nN3AV NVNM31VA o E X H I B I T "A - 2" L E G A L D E S C R I P T I O N Being a portion of Lots 31 through 34 , of Tract No . 12034 , per Book 168 of Maps , Pages 75-87 , Records of San Bernardino County , described as follows; Beginning at the southwest corner of said Lot 31 ; thence northerly along said Tract boundary the following courses , North 00 01 ' 02" East , a distance of 606 .58 feet to the point of curvature of a non-tangent curve , concave to the northwest , having a radius of 3013 .76 feet , a central angle of 12° 31 ' 58" , from which the radius of said curve bears North 22° 06 ' 58" West; thence northeasterly along said curve, a distance of 659 .22 feet; thence South 89° 44 ' 02" East , a distance of 352 .90 feet; thence North 15° 38 ' 34" East , a distance of 412 .81 feet to the point of curvature of a non-tangent curve , concave to the northwest , having a radius of 3013 .76 feet , a central angle of 20 20 ' 38" , from which the radius of said curve bears North 460 16 ' 02" West; thence northeasterly along said curve , a distance of 123 .28 feet; thence North 410 23 ' 20" East , a distance of 659 .31 feet; thence South 650 07 ' 40" East , a distance of 27 .83 feet to the point of curvature of a non-tangent curve , concave to the northeast , having a radius of 3000 .69 feet , a central angle of 30 45 ' 40" , from which the radius of said curve bears North 260 26 ' 25" East; thence southeasterly along said curve , a distance of 196 .98 feet; thence South 00 01 ' 01 " East , a distance of 155 .00 feet ; thence leaving said Tract boundary , North 650 00 ' 00" West , a distance of 289 .11 feet; thence South 00 01 ' 01 " East , a distance of 341 .54 feet; thence South 20° 00 ' 00" West , a distance of 550 .00 feet; thence North 890 44 ' 02" West , a distance of 335 .00 feet; thence South 00 01 ' 02" West , a distance of 964 .95 feet; thence North 890 44 ' 11 " West , a distance of 981 .63 feet; thence North 00 01 ' 02" East , a distance of 42 .99 feet to the POINT OF BEGINNING . Excepting those portions southerly of the northerly right-of-way of Vanderbilt Way and Carnegie Drive . Contains 23 .968 acres , more or less . JOHN R. C� DAW$p9 o. 547 f UP. 6.30-96 �Q 9TFOF CALF I� � o1AMla rALL• r. 3M LV/YE @LTA ANGLE AMO/13i AW TANOOYT c 1 12.11'59' 3D/3.79• 369.22' 330.91• C 2 02.20.59• =is.76' 123.28• 31.33• c 3 0.6.46.10• 30 .59' 186.91• 96.52' � 00 7 o a LINE 1E.111N3 O/STAVCE '1° W. L 1 5 14.07.40,E 27.1J' ,ryry L 2 4 00.01.0/4 ISS.00' L 3 N 00•01'02•E 42.91' -e �p LAND SU �Dt o. 3 y e Eat. 6.30-91 * yl ` y -� 2 p 317 OF CALIF 4 16.1�'01'E N-89-44'02'V I �—--342.90- r 393.00 33 W o 1 2 °d Di 3 0 G L 8: 1 N I = 31 DRIVE i1.13' VANDERB lL G\� NAY G i E X H / B l T 'A - 2 ' PL A T ( LANDFILL 5 / TE) © O E X H I B I T "A - 2" L E G A L D E S C R I P T I O N Being a portion of Lots 31 through 34 , of Tract No . 12034 , per Book 168 of Maps , Pages 75-87 , Records of San Bernardino County , described as follows; Beginning at the southwest corner of said Lot 31 ; thence northerly along said Tract boundary the following courses , North 0° 01 ' 02" East , a distance of 606 .58 feet to the point of curvature of a non-tangent curve , concave to the northwest , having a radius of 3013 .76 feet , a central angle of 120 31 ' 58" , from which the radius of said curve bears North 22° 06 ' 58" West ; thence northeasterly along said curve, a distance of 659 .22 feet ; thence South 89° 44 ' 02" East , a distance of 352 .90 feet; thence North 150 38 ' 34" East , a distance of 412 .81 feet to the point of curvature of a non-tangent curve , concave to the northwest , having a radius of 3013 .76 feet , a central angle of 20 20 ' 38" , from which the radius of said curve bears North 46° 16 ' 02" West; thence northeasterly along said curve , a distance of 123 .28 feet ; thence North 41° 23 ' 20" East , a distance of 659 .31 feet; thence South 650 07 ' 40" East , a distance of 27 .83 feet to the point of curvature of a non-tangent curve , concave to the northeast , having a radius of 3000 .69 feet , a central angle of 30 45 ' 40" , from which the radius of said curve bears North 260 26 ' 25" East; thence southeasterly along said curve , a distance of 196 .98 feet; thence South 00 01 ' OS " East , a distance of 155 .00 feet; thence leaving said Tract boundary, North 65° 00 ' 00" West , a distance of 289 .11 feet; thence South 00 01 ' 01 " East , a distance of 341 .54 feet; thence South 200 00 ' 00" West , a distance of 550 .00 feet; thence North 890 44 ' 02 " West , a distance of 335 .00 feet; thence South 0 01 ' 02" West , a distance of 964 .95 feet; thence North 89° 44 ' 11 " West , a distance of 981 .63 feet ; thence North 0° 01.' 02" East , a distance of 42 .99 feet to the POINT OF BEGINNING . Excepting those portions southerly of the northerly right-of-way of Vanderbilt Way and Carnegie Drive . Contains 23 .968 acres , more or less. ++✓y. JOHN R DAW$EB 7 E46 6.90.96 r 9TFOf CALF��� laix OU" WALL. r. 118 OME- DELTA ANOI MO/10 AK TAN4W C I 127I'M' 3013.78' M.22' 3w.53, C 2 02.88'3• 3013.78' 129.M' SIAS' C 3 03.45'40- .1m0.M. 188.98' 30.52' A 4 LINE OEM/NQ 0/STANfZ L I 3 OS•07140 1E 27.03' -yg L 2 5 00.0/'01'E 150.00' L 3 N 00•OI'02-E 42.95' �p LAND IPA o. 3 r �r�, ���• s- : 12 D�tS•11 OF CALF 3 M•41'02'E N M•1 '02'Y 2.7 - -- 335.00, 33 / 32 Z o 7-31 P. O.B. MI.M' _ J VAAmERB lL G\F' WAY G 1 E X H / 8 I T 'A - 2- PL A T ( L AN 0 F ILL 5 l TE) Exh� b� t � 0 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: RANCON REALTY FUND IV AND RANCON REALTY FUND V C/O RANCON FINANCIAL CORPORATION 27720 Jefferson Avenue Temecula, CA 92590 Attn: Master Files Space Above This Line For Recorder's Use DEVELOPMENT AGREEMENT between RANCON REALTY FUND IV AND RANCON REALTY FUND V and CITY OF SAN BERNARDINO TABLE OF CONTENTS Section Page 1 Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2 Exhibits. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4 3 Mutual Benefits. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 4 Interest of Developer. . . . . . . . . . . . . . . . . . . . . . . . . . .5 5 Binding Effect of Agreement. . . . . . . . . . . . . . . . . . . . . 5 6 Project as a Private Undertaking. . . . . . . . . . . . . . . .5 7 Term. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 8 Changes in Project. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 9 Hold Harmless. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 10 Vested Right. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7 11 General Development of the Project. . . . . . . . . . . . . .7 12 Rules, Regulations and Official Policies. . . . . . . . 11 13 Amendment or Cancellation of Agreement. . . . . . . . . . 11 14 Enforcement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 15 Periodic Review of Compliance With Agreement. . . . 12 16 Events of Default. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 17 Institution of Legal Action. . . . . . . . . . . . . . . . . . . . . 13 18 Waivers and Delays. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 19 Notices. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 20 Attorney's Fees. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 21 Transfers and Assignments. . . . . . . . . . . . . . . . . . . . . . . 14 22 Cooperation in the Event of Legal Challenge. . . . . 15 23 Authority to Execute. . . . . . . . . . . . . . . . . . . . . . . . . . . .15 24 Recordation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 25 Protection of Mortgagees. . . . . . . . . . . . . . . . . . . . . . . .15 0 26 Severability of Terms. . . . . . . . . . . . . . . . . . . . . . . . . . . 16 27 Section Headings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 28 Incorporation of Recitals and Exhibits. . . . . . . . . . 17 29 Rules of Construction and Miscellaneous Terms. . . 17 30 Effect on Title. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 EXHIBIT "A-1" LEGAL DESCRIPTION OF PROPERTY (PARCEL MAPS ATTACHED) "A-2" LEGAL DESCRIPTION OF LANDFILL "B" LAND USE PLAN AND DESIGN GUIDELINES FOR DEVELOPMENT OF THE PROPERTY "C" MITIGATION MONITORING AND REPORTING PROGRAM 0 0 DEVELOPMENT AGREEMENT (Pursuant to Development Code Chapter 19.40) This DEVELOPMENT AGREEMENT ("Agreement") is entered into on , 1993 , between RANCON REALTY FUND IV, a California limited partnership, and RANCON REALTY FUND V, a California limited partnership (collectively "Developer") , and the CITY OF SAN BERNARDINO, a municipal corporation organized and existing under the laws of the State of California ("City") . Developer and City are sometimes collectively referred to herein as the "parties. " RECITALS This Agreement is predicated upon the following facts: A. These Recitals refer to and utilize certain capitalized terms which are defined in this Agreement. The parties intend to refer to those definitions in conjunction with the use thereof in these Recitals. B. Title 19 of the Municipal Code of the City of San Bernardino (the "Development Code") authorizes City to enter into binding development agreements with persons having a legal or equitable interest in real property for the development of such property, all for the purpose of strengthening the public planning process, encouraging private participation and comprehensive planning and reducing the economic costs of such development. C. This Agreement is adopted pursuant to the Development Code Chapter 19.40. D. Developer is the fee owner and developer of approximately One Hundred Fifty Three (153) acres of land as described on Exhibit "A" (the "Property") , which is located in City and within the Tri-City Redevelopment Project Area. The Property lies within the boundaries of a multi-phased master planned mixed use business park (commonly known as "Tri-City Corporate Centre" and hereinafter referred to as "Tri-City") , which has been developed by Developer since 1985. E. Of the 56 commercial buildings proposed for development within Tri-City (the "Project") , 19 buildings, with over 904 , 000 square feet of floor space, have been completed or were under construction as of April 2, 1993 . An additional 36 buildings with over 2 . 11 million gross square feet of floor space are proposed by Developer for completion on the Property between 1993 and 2018. The construction of these additional buildings will require major investment in public facilities and substantial front end investment in on-site and off-site improvements in order to make the Project feasible. 4/27/93/CITY.DEV/ERW/T F. The Land Use Plan of City's General Plan designates Tri- City as Commercial Regional (CR-3) . Developer and City desire to provide through this Development Agreement development criteria and parameters of allowable development applicable to the Property which will provide for maximum, efficient utilization of the Property in accordance with sound planning principles. The City and the Developer have determined that additional information on the relationship of each building to the overall Project is needed. They also determined that more detail on Project phasing and design standards was needed. To accomplish this, the City and the Developer are proposing to enter into a formal Development Agreement (#92-01) which will include this Agreement. Implementation of this Project also will include a Development Code Amendment (#92-13) which establishes an overlay district for this site and incorporates the land uses and design standards provided in this Plan. A Conditional Use Permit (CUP #92-33) which covers structures over four stories in height which is required by the City's General Plan will also be adopted. G. Developer has requested City to consider entering into a development agreement relating to the Project and proceedings have been taken in accordance with City's rules and regulations relating to development agreements. H. The City Council has found that this Agreement: (a) Is consistent with the objectives, policies, general land uses and programs specified in the City's General Plan; (b) Is compatible with the uses authorized in, and the regulations prescribed for, the Commercial Regional (CR-3) land use designation; (c) Is in conformity with and will promote public convenience, general welfare and good land use practice; (d) will not be detrimental to the public health, safety and general welfare; (e) Will not adversely affect the orderly development of property or the preservation of property values; and (f) Will promote and encourage the development of the Project by providing a greater degree of requisite certainty. I. On , 199_, the City Council of City adopted a resolution, approving this Agreement with Developer. J. City has found and determined that the execution of this Agreement is in the best interest of the public health, safety and general welfare of City and its residents and that adopting this Agreement constitutes a present exercise of its police power. 4/27/93/CITY.DEV/ERW/T 2 o The parties agree as follows: 1. Definitions. 1. 1 "Agreement" is this Development Agreement and exhibits. 1. 2 "Agreement Date" is the effective date of the City ' s Resolution approving this agreement. 1. 3 "City" is the City of San Bernardino, California. 1. 4 "Design Guidelines" are those design guidelines set forth in the Land Use Plan. 1.5 "Developer" is collectively Rancon Realty Fund IV, a California limited partnership, and Rancon Realty Fund V, a California limited partnership, and their respective successors in interest to all or any part of the Property. 1. 6 "Development Plan" is the plan for the development of the Project described within this Agreement and all attachments (Exhibits) and more specifically as defined in the Tri-City Corporate Centre Land Use Plan and Design Guidelines. 1. 7 "Effective Date" is that date which is the later to occur of: (a) the time for filing a referendum petition relating to this Agreement expires if no such petition is filed within such period; or (b) the results of a referendum election are declared approving this Agreement if a referendum petition is filed within the applicable period. 1.8 "Hazardous Materials" means any substance the presence of which requires investigation or remediation under any federal, state or local statute, regulation, ordinance, order, action, policy or common law; or which is or becomes defined as a "hazardous waste" , "hazardous substance" , pollutant or contaminant under any federal, state or local statute, regulation, rule or ordinance or amendment thereto including without limitation, the Comprehensive Environmental Response, Compensation and Liability Act (42 U.S.C. section 9601 et seq. ) ; and/or the Resource Conservation and Reconvery Act (42 U. S.C. section 6901 et seq. ) ; or which is toxic, explosive, corrosive, flammable, infectious, radioactive, carcinogenic, mutagenic, or otherwise hazardous and is or becomes regulated by any governmental authority, agency, department, commission, board, agency or instrumentality of the United States, the State of California or any political subdivision thereof; or the presence of which on the Property causes or threatens to cause a nuisance upon the Property or to adjacent properties or poses or threatens to pose a hazard to the health or safety of persons on or about the Property; or the presence of which on adjacent properties could constitute a trespass, without 4/27/93/CITY.DEV/ERW/T 3 limitation which contains gasoline, diesel fuel or other petroleum hydrocarbons or without limitation which contains polychlorinated bipheynols (PCBs) , asbestos or urea formaldehyde foam insulation or without limitation radon gas. 1.9 "Landfill" that area of real property described in Exhibit A-2 and commonly known as the Park Center Landfill. 1. 10 "Land Use Plan" is the Tri-City Corporate Centre Land Use Plan and Design Guidelines, attached hereto as Exhibit "B" and incorporated herein by this reference. 1. 11 "Project" includes the existing development on the Property and the proposed development on the Property of an additional 36 buildings encompassing 2. 11 million square feet of building area and associated amenities. The additional buildings will range in height from 1-story to 20-stories in general accordance with the Land Use Plan. 1. 12 "Property" is the real property on which the Project will be located as described on Exhibit "A" . 2 . Exhibits. The following documents are referred to in this Agreement, attached hereto and incorporated herein by this reference: Exhibit Designation Description A-1 Legal Description of the Property (Parcel Maps attached) A-2 Legal Description of Landfill (Parcel Maps attached) B Land Use Plan and Design Guidelines for Development of the Property C Mitigation Monitoring and Reporting Program 3. Mutual Benefits. This Agreement is entered into for the purpose of carrying out the Development Plan for the Project in a manner that will insure certain anticipated benefits to both City (including, without limitation, residents of City) and Developer as set forth in this section. City and Developer agree that certain assurances on the part of each party as to the Project will be necessary to achieve those desired benefits. 3.1 Benefits to City. The benefits to City (including, without limitation, the residents of City) under this Agreement include, but are not limited to: (a) improvements to roadways, parkways and sidewalks; (b) an increase in property tax revenues and sales tax revenues to be derived by the City; (c) the creation of jobs within the City; and (d) the closure, in accordance with applicable regulations, of that portion of the Property consisting 4/27/93/CITY.DEV/ERW/T 4 o of approximately 19 acres, which overlies a landfill formerly operated by the City and commonly known as the Park Centre Landfill. 3 . 1. 1 Reservation of Land for Public Purposes. The Developer acknowledges the potential need for Right-of-Way to be acquired by the City, for the proposed North/South Corridor. This new roadway, apart of the City General Plan circulation element, if required, would run from Tri-City Corporate Centre north across the Santa Ana River towards Mill Street. The Developer agrees to avoid any development of the required Right-of-Way until such time as its necessity can be determined. 3 .2 Benefits to Developer. Developer has expended and will continue to expend substantial amounts of time and money on the planning and infrastructure construction of the Project. In addition, Developer will expend substantial amounts of time and money in constructing public improvements and facilities and in providing for public services in connection with the Project. Developer would not make such additional expenditures without this Agreement and such additional expenditures will be made in reliance upon this Agreement. The benefit to Developer under this Agreement consists of the assurance that Developer will preserve the right to develop the Property as planned and as set forth in the Development Plan. 4. Interest of Developer. Developer represents that Developer is the fee owner of substantially all of the Property. 5. Binding Effect of Agreement. The burdens of this Agreement bind and the benefits of this Agreement inure to the successors in interest of the parties thereto. 6. Project as a Private Undertaking. It is specifically understood and agreed by and between the parties hereto that the development of the Project is a private development, that neither party is acting as the agent of the other in any respect hereunder, and that each party is an independent contracting entity with respect to the terms, covenants and conditions contained in this Agreement. No partnership, joint venture or other association of any kind is formed by this Agreement. The only relationship between City and Developer is that of a government entity regulating the development of private property by the owner of such property. 7. Land Uses. Permitted land uses shall be those allowed in the Land Use Plan and Design Guidelines. The Land Use Plan and Design Guidelines allows an "Alternate" Land Use for the Landfill in the event the market demand does not indicate a need for buildings. This "Alternate Land Use" would allow the transfer of the affected building area to other areas within the development as would the height of any buildings or the number of buildings increase as a result of this alternate land use. Notwithstanding 4/27/93/CITY.DEV/ERW/T 5 f the references in this Agreement to the Landfill, no provision in this Agreement is intended to nor shall be deemed to, affect or modify the legal rights or obligations of the parties hereto, if any, with respect to the presence, if any, or any "Hazardous Materials" upon, about or beneath the Landfill or migrating to or from the Landfill. 8 . Term. The term of this Agreement shall commence upon the Effective Date and shall continue until all permits and approvals required to complete the development of the Project as contemplated by the Development Plan have been issued; provided however, that, in no event shall such term extend beyond June 15, 2018 . 9. Changes in Project. Except as otherwise provided in 12 . 4 hereafter, Developer shall not be entitled to any change, modification, revision or alteration in the Development Plan relating to the permitted uses of the Property, intensity of use, the maximum height and size of proposed buildings or the provision, if any, for reservation or dedication of land for public purposes without review and approval by the City. Subject to the foregoing provisions of this Section 9, City acknowledges that Developer may seek new entitlements to use and amendments to entitlements to use in connection with the development of the Project. The approval of any such amendments or new entitlements to use shall be in the sole discretion of City in the manner described in 12. 4. 10. Hold Harmless. 10. 1 By Developer Developer agrees to and shall hold harmless City and its officers, agents, employees and representatives from liability for damage or claims for damage for personal injury including death and claims for property damage which may arise from the activities of Developer or those of Developer ' s contractors, subcontractors, agents, employees or other persons acting on Developer' s behalf which relate to the Project. Developer agrees to and shall defend City and its officers, agents, employees, and representatives from actions for damages caused or alleged to have been caused by reason of Developer 's activities in connection with the Project. 10. 2 By City. City agrees to and shall hold harmless Developer, its officers, agents, employees, partners from liability for damage or claims for damage for representatives personal injury including death and claims for property damage which may arise from the activities of City or those of City's contractors, subcontractors, agents, employees or other persons acting on City' s behalf which relate to the Project. City agrees to and shall defend Developer and its officers, agents, employees, partners and representatives from actions for damages caused or alleged to have been caused by reason of City's activities in connection with the Project. 4/27/93/CITY.DEV/ERW/T 6 4 11. vested Right. By entering into this Agreement and relying thereon, Developer is obtaining a vested right to proceed with the Project in accordance with the Development Plan and the City is securing certain public benefits which help to alleviate current or potential problems in City and enhance the public health, safety and welfare. City therefore agrees to the following: 11. 1 No Conflicting Enactments. No ordinance, policy, rule, regulation or other measure enacted by the City Council or City or any other agency of City which relates to the rate, timing or sequencing of the development or construction of all or any part of the Project or which is otherwise in conflict with the Project as described in this Agreement shall be applicable to the Project during the term of this Agreement. 11.2 Intent of Parties. Subject to the provisions of Section 15.1, below, in addition to and not in limitation of the foregoing, it is the intent of Developer and City that no moratorium or other limitation (whether relating to the rate, timing or sequencing of the development or construction of all or any part of the Project and whether or not enacted by initiative or otherwise) affecting subdivision maps, building permits, occupancy certificates or other entitlements to use approved, issued or granted within City, or portions of City, shall apply to the Project to the extent such moratorium or other limitation is in conflict with this Agreement. Notwithstanding the foregoing, should an ordinance, general plan or zoning amendment, measure moratorium, policy, rule, regulation or other limitation enacted by citizens of City through the initiative process be determined by a court of competent jurisdiction to invalidate or prevail over all or any part of this Agreement, Developer shall have no recourse rights, claims and causes of action at law or in equity which Developer may have independent of this Agreement and except as precluded by Paragraph 17.3 of this Agreement . The foregoing shall not be deemed to limit the Developer's right to appeal any determination of such ordinance, general plan or zoning amendment, measure, policy, rule, regulation, moratorium or other limitation which purports to invalidate or prevail over all or any part of this Agreement. City agrees to cooperate with Developer in all reasonable manners in order to keep this Agreement in full force and effect. 12. General Development of the Project. 12.1 Project. While this Agreement is in effect, Developer shall have a vested right to develop the Project in accordance with the terms and conditions of this Agreement, and City shall have the right to control the development of the Project in accordance with the terms and conditions of this Agreement. Except as otherwise specified in this Agreement, the Development Plan shall control the overall design, development and construction of the Project. The permitted uses of the Property, the density and 4/27/93/CITY.DEV/ERW/T 7 intensity of use, the maximum height and size of proposed buildings, the provision for reservation and dedication of land for public purposes and other terms and conditions of development applicable to the Property shall be those set forth in the Development Plan and subsequent conditional approvals and amendments. 12 . 2 Phasing and Timing of Development. The parties acknowledge that although Developer currently anticipates that the Project will be phased and constructed in increments over an approximately twenty five (25) year time frame, at the present time Developer cannot predict when or the order in which Project phases will be developed. Such decisions depend upon numerous factors which are not within the control of Developer, such as market orientation and demand, interest rates, competition and other similar factors. To the extent permitted by the Development Plan and this Agreement, Developer shall, during the term of this Agreement, have the right to develop the Project in phases in such order and at such times as Developer deems appropriate within the exercise of its subjective business judgment so long as the Project is constructed as an integrated master planned development as ° contemplated by the Development Plan. City agrees that Developer shall be entitled to apply for and receive tentative maps, vesting tentative maps, building permits, occupancy certificates and other entitlements to use at any time, in as expeditious a manner as possible provided that such application is made in accordance with the Development Plan. 12 . 3 Effect of Agreement on Land Use Regulations. T h e rules, regulations and official policies governing permitted uses of the Property, the intensity of use of the Property, the maximum height and size of proposed buildings and the design, improvement and construction standards and specifications applicable to development of the Property are those rules, regulations and official policies in effect as of the Agreement Date except as provided in Sections 13 . 1 and 15. 1. In connection with any approval which City is permitted or has the right to make under this Agreement relating to the Project, or otherwise under its rules, regulations and official policies, City shall exercise its discretion to take action in a manner which is as expeditious as possible and which complies and is consistent with the Development Plan and the standards, terms and conditions contained in this Agreement, and in a manner which will not interfere with the development of the Project for the uses and to the height, density and intensity specified in this Agreement or with the rate of development selected by Developer. City shall accept for processing and timely review and act on all applications for further land use entitlement approvals with respect to the Project called for or required under this Agreement in as expeditious a manner as is possible. Such application shall be processed in the normal manner for processing such matters. 4/27/93/CITY.DEV/ERW/T 8 12 .4 Chances and Amendments. The parties acknowledge that refinements and further development of the Project may demonstrate that changes are appropriate with respect to the details and performance of the parties under this Agreement. The parties desire to retain a certain degree of flexibility with respect to the details of the Project development and with respect to those items covered in general terms under this Agreement. If and when the parties find that changes or adjustments are necessary or appropriate, they shall, unless otherwise required by law, effectuate such changes or adjustments as follows: 12 .4 . 1 Planning and Building Services Department Director Authority, subject to appeal permitted by the Municipal Code shall apply to the following requests for change or modification: (a) Approval of minor site plan revisions; (b) Changes in building phasing; (c) Approval of shared parking analysis; (d) Building elevations; (e) Annual review of the Development Agreement; (f) Downward change in size of individual buildings (i.e. less height or size than indicated in the Land Use Plan) ; and (g) Minor revisions to Design Guidelines. 12.4.2 Planning Commission Authority. subject to appeal permitted by the Municipal Code shall apply to the following requests for change or modification: (a) Change in total number of proposed buildings, but not an increase of building square footage or height; (b) Approval of major site plan revisions; (c) Major revisions to Design Guidelines; and (d) Minor revisions to Land Use Plan when uses could be considered accessory to already approved uses. (e) Increase/Decrease in number of lots. 12.4. 3 City Council Authority. shall apply to the following requests for change or modification: (a) Alteration of the permitted uses of the Property; 4/27/93/CITY.DEV/EAW/T 9 (b) Increase in the intensity of use; (c) Increase in the maximum heights and/or total buildings square footage; and (d) Deletion of a requirement for the reservation or dedication of land for public purposes except for minor boundary adjustments approved by the City Planning and Building services Department. 12.5 Mello-Roos Community Facilities District; Other Assessment District or Financing Mechanisms. Pursuant to Chapter 2.5 (commencing with Section 53312) Part I, Division 2 , Title 5 of the Government Code, commonly known as the "Mello-Roos Community Facility Act of 198211 , Developer may, at its sole election, petition the City Council of City to establish a community facilities district including the Property for the purpose of acquiring, constructing and financing through the sale of bonds the acquisition and construction of certain public facilities which are necessary to meet increased demands placed on City as a result of the development of Developer's Property. Alternatively, or in addition thereto, Developer may request that City initiate and complete proceedings under the Municipal Improvement Act of 1911, the Municipal Improvement Act of 1913 , the Improvement Bond Act of 1915, the Landscaping and Lighting Act of 1972, or any and all other available financing mechanisms to provide public conduit financing for the construction of public improvements on the Property. If so requested by Developer, City shall cooperate with Developer and use its best efforts in taking all steps necessary to cause the community facilities district or other entity to issue bonds for such purposes. 12. 6 Consistency Between This Agreement and Current Laws. City represents that there are no rules, regulations, ordinances or official policies of City enforced as of the date of execution of this Agreement that would interfere with the completion or use of the Project according to the Development Plan. 12. 7 Assessments and Fees. City shall not, without the prior written consent of Developer, impose any assessment or fee applicable only and exclusively to this development. All other fees or assessments payable to City shall be at rates applicable on the date the fee is due and payable. City shall have no liability to Developer arising out of the imposition of assessments or fees applicable to the development of the Project by some other governmental agency. 12 .8 Subsequent Actions. City shall timely process, in as expeditious a manner as possible for processing such matters, 4/27/93/CITY.DEV/ERW/T 10 any necessary entitlements to use, including parcel maps, vesting tentative tract maps, tentative tract maps, conditional use permits, or other discretionary approvals or entitlements to use contemplated by the Development Plan, and any grading, construction or other permits filed by Developer in accordance with the substantive development standards set forth in the Development Plan. 13 . Rules. Regulations and Official Policies. 13.1 New Rules. This Agreement shall not prevent City from applying new rules, regulations and policies relating to uniform Codes such as the Uniform Building Code, Uniform Electrical Code, Uniform Mechanical Code or Uniform Fire Code, which: (a) relate to public safety; (b) are based on recommendations of a multi-state professional organization; and (c) become applicable throughout City. 13. 2 New Laws. In the event that state or federal laws or regulations, enacted after this Agreement is executed, prevent or preclude compliance with one or more of the provisions of this Agreement, such provisions of this Agreement shall be modified or suspended as may be necessary to comply with such state or federal laws or regulations; provided, however, that this Agreement shall remain in full force and effect to the extent it is not inconsistent with such laws or regulations and to the extent such laws or regulations do not render such remaining provisions impractical to enforce. 13 . 3 Subsequent Actions and Approvals. In accordance with Government Code Section 65866, this Agreement shall not prevent City in subsequent actions applicable to the Property from applying new rules, regulations and policies which do not conflict with those existing rules, regulations and policies set forth in the Development Plan, nor shall this Agreement prevent City from denying or conditionally approving any subsequent development project application on the basis of such existing or new rules, regulations or policies. 14. Amendment or Cancellation of Agreement. This Agreement may be amended or canceled in whole or in part only by mutual consent of the parties in the manner provided for in Government Code Section 65868. 15. Enforcement. Unless amended or canceled as provided in Section 14, or modified or suspended pursuant to Government Code Section 65869.5, and except as otherwise provided in Government Code Section 65865. 3 (b) , this Agreement is enforceable by either party hereto notwithstanding any change in any applicable general or specific plan, zoning, subdivision or building regulation or other applicable law or regulation adopted by City (or by the voters of City unless found by a court of 4/27/93/CITY.DEV/ERW/T 11 competent and final jurisdiction to prevail over this Agreement) which alters or amends the Development Plan or the timing of any development. 15.1 Police Power/Public Necessity. In all cases, the language in this Agreement will be construed simply, according to its fair meaning and not strictly for or against either party, it being agreed that the parties or their agents have participated in the preparation of this Agreement. Without limiting the effect of the foregoing, the parties acknowledge and agree that the City is restricted in its authority to limit its police power by contract and that the limitations in this Agreement are intended to reserve to the City all of its police powers, which cannot be so limited. This Agreement will be construed, contrary to its stated terms if necessary, to reserve to the City all police power which cannot be restricted by contract including, without limitation, the power to respond to compelling public necessity where a failure to do so would place residents of the City in a condition dangerous to their health or safety or both. To that end, the City may condition or deny any permit, approval, extension or entitlement sought pursuant to this Agreement by Developer, if the City determines either that (i) a failure to do so would place residents of the City in a condition dangerous to their health or safety, or both, or (ii) the condition or denial is required in order to comply with state or federal law. 16. Periodic Review of Compliance With Agreement. 16. 1 Periodic Review. City and Developer shall periodically review this Agreement during the term hereof every year from the date this Agreement is executed. City shall notify Developer in writing of the date for review at least forty-five (45) days prior thereto. The Developer shall submit an application to the City for review of this agreement at least thirty (30) days prior to the anniversary of the agreement. 16.2 Good Faith Compliance. During each periodic review, the Developer is required to demonstrate good faith compliance with the terms of this Agreement. The Developer agrees to furnish such reasonable evidence of good faith compliance in the exercise of reasonable discretion as may be required. 17. Events of Default. 17. 1 Default by Developer. If City determines on the basis of substantial evidence that Developer has not complied in good faith with the terms and conditions of this Agreement, City shall, by written notice to Developer, specify the manner in which Developer has failed to so comply and state the steps Developer must take to bring itself into compliance. If, within ninety (90) days after the effective date of notice from City specifying the manner in which Developer has failed to so comply, 4/27/93/CITY.DEV/ERW/T 12 Developer does not commence all steps reasonably necessary to bring itself into compliance as required and thereafter diligently pursue such steps to completion, then Developer shall be deemed to be in default under the terms of this Agreement and City may terminate this Agreement. 17.2 Default by City. If Developer determines on the basis of substantial evidence that City has not complied in good faith with the terms and conditions of this Agreement, Developer shall, by written notice to City, specify the manner in which City has failed to so comply and state the steps City must take to bring itself into compliance. If, within ninety (90) days after the effective date of notice from Developer specifying the manner in which City has failed to so comply, City does not commence all steps reasonably necessary to bring itself into compliance as required and thereafter diligently pursue such steps to completion, then City shall be deemed to be in default under the terms of this Agreement and Developer may terminate this Agreement or seek specific performance as set forth in Section 17 . 3 . 17 . 3 Specific Performance Remedy If the City fails to perform any of its obligations as provided in this Agreement and fails to cure its nonperformance within 90 days after notice of nonperformance is given by the Developer, then the City will be in default. In that event, the parties agree that any remedy at law that the Developer, may have, would be inadequate and that the Developer, will pursue only the available equitable remedies including, without limitation, the remedies of temporary and permanent injunction and specific performance and excluding specifically any compensation in damages. In any such action, the Developer, will not be required to prove the inadequacy of remedies at law, as a condition of pursuing its equitable remedies. 18. Institution of Legal Action Any action by either party to this Agreement shall be brought in the Superior Court for San Bernardino County, California. 19 . Waivers and Delays. 19. 1 Waiver. Failure by a party to insist upon the strict performance of any of the provisions of this Agreement by the other party, and failure by a party to exercise its rights upon a default by the other party hereto, shall not constitute a waiver of such party' s right to demand strict compliance by such other party in the future. 19.2 Third Parties. Nonperformance shall not be excused because of a failure of a third person except as provided in Section 19. 3 below. 4/27/93/CITY.DEV/ERW/T 13 19. 3 Force Maieure. Neither party shall be deemed to be in default or failure or delay in performance of any of its obligations under this Agreement if caused by floods, earthquakes, other Acts of God, fires, wars, riots or similar hostilities, strikes, other labor difficulties, government regulations or other causes beyond either of the parties ' control. If any such event shall occur, the term of this Agreement and the time for performance by Developer of any of its obligations hereunder or pursuant to the Development Plan shall be extended by the period of time that such events prevent a construction of the Project. 20. Notices. All notices required or provided for under this Agreement shall be in writing and delivered in person or deposited in the United States mail, postage prepaid and addressed as follows: TO CITY: City of San Bernardino 300 North "D" Street San Bernardino, CA 92418 Attn: Director of Planning and Building Services TO DEVELOPER: Rancon Realty Fund IV and Rancon Realty Fund V 27720 Jefferson Avenue Temecula, CA 92590 Attn: General Counsel Either party may change the address stated herein by giving notice, in writing, to the other party and thereafter notices shall be addressed and submitted to the new address. 21. Attorney's Fees. If legal action is brought by either party against the other for breach of this Agreement, or to compel performance under this Agreement, the prevailing party shall be entitled to an award of reasonable attorneys' fees and costs which may include, without limitation, fees of City's City Attorney. 22. Transfers and Assignments. 22. 1 Right to Assign. Developer shall have the right to sell, assign or transfer this Agreement, and any and all of its rights, duties and obligations hereunder, to any person or entity at any time during the term of this Agreement, provided, however, in no event shall the rights, duties and obligations conferred upon Developer pursuant to this Agreement be at any time so transferred or assigned except through a transfer of an interest of Developer in the Property, or portion thereof, so transferred. In the event of any such assignment, either the 4/27/93/CITY.DEV/ERW/T 14 transferee or Developer shall be liable for the performance of all obligations of Developer. Such transferee or Developer shall notify City in writing of the transfer of such obligations within thirty (30) days of the effective date of the transfer. 22. 2 Release Upon Transfer. Upon the sale, transfer or assignment of Developer's rights and interest under this Agreement as permitted pursuant to Section 22. 1, Developer shall be released from its obligations under this Agreement and all of owner's obligations pursuant to the Development Plan, or other agreements assumed by transferee with respect to the Property, or portion thereof, so transferred provided that: (a) Developer is not then in default under the Agreement; (b) Developer or transferee has provided City notice of such transfer; and (c) the transferee executes and delivers to City a written agreement in which: (i) the name and address of the transferee is set forth; and (ii) the transferee expressly and unconditionally assumes all of the obligations of Developer under this Agreement with respect to the Property, or a portion thereof, so transferred. 23 . Cooperation in the Event of Legal Challenge. In the event of any litigation challenging the effectiveness of this Agreement, or any portion hereof, this Agreement shall remain in full force and effect while such litigation, including any appellate review, is pending, unless otherwise ordered by a Court of Law. 24. Authority to Execute. The person or persons executing this Agreement on behalf of Developer warrant and represent that they have the authority to execute this Agreement on behalf of their corporation, partnership or business entity and warrant and represent that they have the authority to bind Developer to the performance of its obligations hereunder. 25. Recordation. This Agreement and any amendment or cancellation hereto shall be recorded in the Office of Official Records of the County of San Bernardino, by the City Clerk within the period required by Section 65868 . 5 of the Government Code. 26. Protection of Mortgagees. Developer and City agree that this Agreement shall not prevent or limit Developer, in any manner, at Developer's sole discretion, from encumbering the Property or any portion thereof or any improvement thereon by any mortgage, deed of trust or other security device securing financing with respect to the Property. City acknowledges that the lenders providing such financing ("Mortgagees") may require certain Agreement interpretations and modifications and agrees upon request, from time to time, to meet with Developer and representatives of such Mortgagees to negotiate in good faith any such request for interpretation or modification. City will not unreasonably withhold its consent to any such requested interpretation or modification provided such interpretation or 4/27/93/CITY.DEV/ERW/T 15 modification is consistent with the intent and purposes of this Agreement. Any Mortgagee of all or any portion of the Property shall be entitled to the following rights and privileges: (a) 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 made in good faith and for value, unless otherwise required by law. (b) Any Mortgagee of a mortgage or deed of trust encumbering all or any portion of the Property which has submitted a request in writing to the City in the manner specified herein for giving notices shall be entitled to receive written notification from City of any default by Developer in the performance of Developer's obligations under this Agreement. (c) If City timely receives a request from a Mortgagee requesting a copy of any notice of default given to Developer under the terms of this Agreement, City shall provide a copy of that notice to the Mortgagee within ten (10) days of sending the notice of default to Developer. 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. (d) 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. Notwithstanding any other provision of this Agreement to the contrary, no Mortgagee shall have an obligation or duty under this Agreement to perform any of Developer's obligations or other affirmative covenants of Developer hereunder, or to guarantee such performance provided, however, that to the extent that any covenant to be performed by Developer is a condition precedent to the performance of a covenant by City, the performance hereof shall continue to be a condition precedent to City's performance hereunder, and further provided that any sale, transfer or assignment by any Mortgagee in possession shall be subject to the provisions of Section 27 of this Agreement. 27. Severability of Terms. If any term, provision, covenant or condition of this Agreement shall be determined invalid, void or unenforceable, the remainder of this Agreement shall not be affected thereby to the extent such remaining provisions are not rendered impractical to enforce. 28. Section Headings. All section headings and 4/27/93/CITY.DEV/ERW/T 16 subheadings are inserted for convenience only and shall not affect any construction or interpretation of this Agreement. 29. Incorporation of Recitals and Exhibits. Incorporation of Recitals and Exhibits. Recitals A through J and attached Exhibits "A" and "B" are hereby incorporated herein by this reference as though fully set forth. 30. Rules of Construction and Miscellaneous Terms. 30. 1 Gender. The singular includes the plural; the masculine gender includes the feminine; "shall" is mandatory, "may" is permissive. 30.2 Time of Essence. Time is of the essence regarding each provision of this Agreement in which time is an element. 30.3 Cooperation. Each party covenants to take such reasonable actions and execute all documents that may be necessary to achieve the purposes and objectives of this Agreement. 31. Effect on Title. Developer and City agree that this Agreement shall not create an encumbrance on any portion of the Property which is sold to an ultimate user of all or any portion of the Property. 4/27/93/CITY.DEV/ERW/T 17 O The parties have executed this Development Agreement on the date and year first written above. RANCON REALTY FUND IV, a California limited partnership By: Rancon Financial Corporation, a California corporation Its General Partner By: Robert H.S. Kirkpatrick, President RANCON REALTY FUND V, a California limited partnership By: Rancon Financial Corporation, a California corporation Its General Partner By: Robert H.S. Kirkpatrick, President "Developer" CITY OF SAN BERNARDINO, a Municipal Corporation By: Its: Mayor "City" Signed and Certified that a copy of this document has been delivered to the Mayor of the City By: City Clerk Approved as to form and legal content: By: City Attorney 4/27/93/CITY.DEV/ERW/T 18 STATE OF CALIFORNIA ) ss. COUNTY OF ) On this day of 1993 , before me, a Notary Public in and for said County and State, personally appeared Robert H.S. Kirkpatrick, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Notary Public in and for said County and State STATE OF CALIFORNIA ) ss. COUNTY OF ) On this day of 1993 , before me, a Notary Public in and for said County and State, personally appeared Robert H.S. Kirkpatrick, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Notary Public in and for said County and State 4/27/93/CITY.DEV/ERW/T 19 0 STATE OF CALIFORNIA ) ss. COUNTY OF SAN BERNARDINO ) On this day of 1993 , before me, a Notary Public in and for said County and State, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed this instrument as Mayor of the City of San Bernardino and acknowledged to me that the City of San Bernardino executed it. WITNESS my hand and official seal. Notary Public in and for said County and State 4/27/93/CITY.DEV/ERW/T 20 EXHIBIT "A-1" LEGAL DESCRIPTION OF PROPERTY All that certain real property located in the City of San Bernardino, County of San Bernardino, State of California, described as follows: 4/27/93/CITY.DEV/ERW/T 21 i O �* EXHIBIT "A-2" LEGAL DESCRIPTION OF LANDFILL All that certain real property located in the City of San Bernardino, County of San Bernardino, State of California, described as follows: 4/27/93/CITY.DEV/ERW/T 22 EXHIBIT "B" LAND USE PLAN AND DESIGN GUIDELINES FOR DEVELOPMENT OF THE PROPERTY 4/27/93/CITY.DEV/ERW/T 23 EXHIBIT "C" MITIGATION MONITORING AND REPORTING PROGRAM 4/27/93/CITY.DEV/ERW/T 24 ORDINANCE NO. AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING THE SAN BERNARDINO MUNICIPAL CODE (TITLE 19 - THE DEVELOPMENT CODE) TO ADD CHAPTER 19. 11 TCC (TRICITY CORPORATE CENTRE OVERLAY) DISTRICT WHICH PROVIDES FOR THE IMPLEMENTATION OF THE TRICITY CORPORATE CENTRE LAND USE PLAN AND DESIGN GUIDELINES. THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: SECTION 1. Page II-155 CC, Chapter 19 . 11 TCC (TRICITY CORPORATE CENTRE OVERLAY) DISTRICT, is added as shown on Attachment B, (Page II-155 CC of the Development Code) attached hereto and incorporated herein by reference. SECTION 2 . A copy of the TriCity Corporate Centre Land Use Plan And Design Guidelines is attached as Attachment A and incorated herein by reference. 0 ORDINANCE. . .AMENDING THE SAN BERNARDINO MUNICIPAL CODE (TITLE 19 THE DEVELOPMENT CODE) TO ADD CHAPTER 19. 11 TCC (TRICITY CORPORATE CENTRE OVERLAY) DISTRICT WHICH PROVIDES FOR THE IMPLEMENTATION OF THE TRICITY CORPORATE CENTRE LAND USE PLAN AND DESIGN GUIDELINES. I HEREBY CERTIFY that the foregoing ordinance was duly adopted by the Mayor and Common Council of the City of San Bernardino at a meeting, therefore, held on the day of 1993, by the following vote to wit: Council Members: AYES NAYS ABSTAIN ABSENT ESTRADA REILLY _ HERNANDEZ MAUDSLEY _ MINOR POPE-LUDLAM MILLER City Clerk The foregoing ordinance is hereby approved this day Of 1993. W. R. Holcomb, Mayor City of San Bernardino Approved as to form and legal content: JAMES F. PENMAN, City Attorney By: ATTACHMENT B TRICITY CORPORATE CENTRE OVERLAY DISTRICT - 19.11 CHAPTER 19. 11 TCC (TRICITY CORPORATE CENTRE OVERLAY) DISTRICT 19. 11.010 PURPOSE The purpose of this chapter is to promote and encourage that development in the TriCity Corporate Centre Project area is consistent and compatible and in accordance with the TriCity Corporate Centre Land Use Plan And Design Guidelines which is incorporated into this Development Code by reference. The TriCity Corporate Centre Land Use Plan And Design Guidelines establishes Planning Areas, permitted uses and standards and design guidelines which shall be used in the TriCity Corporate Centre Project area as shown on the Development Code Overlay Map. ExhOit C of! A+1 • P CY-W 6i41� MITIGATION MONITORING/REPORTING PROGRAM FOR DEVELOPMENT AGREEMENT 92-01 DEVELOPMENT CODE AMENDMENT 92-13 CONDITIONAL USE PERMIT 92-33 TRI-CITY CORPORATE CENTER A. Introduction This mitigation monitoring and reporting program (MMRP) has been prepared for use in implementing mitigation measures identified in the Initial Study for this project. This MMRP has been prepared in compliance with State Law to ensure compliance with the mitigation measures adopted for the project by the City of San Bernardino. Assembly Bill 3180 (Public Resources Code, Paragraph 21031.6), effective January 1, 1989, requires adoption of a reporting or monitoring program for those measures or conditions placed on a project to mitigate or avoid adverse effects on the environment. The law states that the monitoring or reporting program shall be designed to ensure compliance during project implementation. The monitoring program contains the following elements: 1) The mitigation measures are recorded with the action that must be taken to implement them and the method that will be used to document or verify fulfillment of the measure or condition. In some instances, one action may be used to verify implementation of several measures, such as landscape plan review. 2. A procedure for determining and recording compliance has been outlined for each action that must be implemented by the project to mitigate impacts to their lowest level. This procedure identifies what action will be taken and when, designates who will be responsible for implementing the action, and to whom and when compliance will be reported. 3. This program contains a separate Mitigation Monitoring and Compliance Record for each mitigation measure. It is termed a Mitigation Measure Checksheet (MMC). On each of these checksheets, the pertinent actions and dates will be logged, and the copies of permits, correspondence or other relevant data will be attached. Copies of the records will be retained by the City Planning Department. 4. The program has been designed to be flexible. As monitoring progresses, changes to compliance procedures may be necessary based upon recommendations by the City Staff implementing the monitoring program. As changes are made, new MMC's will be developed and incorporated into the program. o MITIGATION MEASURES IDENTIFIED IN THE TRI-CITY CORPORATE CENTER INITIAL STUDY MITIGATION MEASURE #1 All grading within the project shall be accomplished in accordance with the appropriate ordinance of the City of San Bernardino. IMPLEMENTATION AND VERIFICATION ACTIONS All grading subject to permitting must be performed in compliance with grading plans and permits approved and/or issued by the City. Verification of compliance shall be accomplished by submittal of grading certifications by the project civil engineer and testing reports by the projects soils engineer. COMPLIANCE RECORD WHEN REQUIRED: A copy of the approved grading plan and/or permit issued shall be maintained on the project site during construction activities. Copies of all certifications or testing reports shall be placed in the project file at the City Public Works and Planning and Building Services departments within one week of submittal to the City. ANALYSIS PREPARED BY: NOTES PREPARED BY: DATE COMPLETED: APPROVED BY: DATE APPROVED: FURTHER ACTION REQUIRED: FOLLOW-UP REQUIRED: DATE FOLLOW-UP COMPLETED: 2 MITIGATION MEASURE #2 Prior to construction on site, an erosion control plan shall be prepared by the site owner or developer and submitted to the City for review and approval. This erosion control plan shall he monitored monthly in the field during April through October by the site owner/developer. The erosion control plan shall be monitored in the field every two weeks from November through March. The erosion control plan shall contain provisions for regular water schedules, graded and construction area diking, water outflow channel distillation devices within graded construction areas and in front of catch basins receiving on site and on street water. Regular street watering and cleaning shall be identified on the erosion control plan. IMPLEMENTATION AND VERIFICATION ACTIONS The erosion control plan shall be submitted with and approved by the City concurrently with grading plans or site development plans for individual projects onsite prior to implementation of any land disturbance activities. Verification of compliance shall be provided during site inspection by City staff or certification by the project civil engineer. COMPLIANCE RECORD WHEN REQUIRED: A copy of the approved erosion control plan and/or permit issued shall be maintained on the project site during construction activities. Copies of all inspection reports and engineering certifications shall be placed in the project file at the City Public Works and Planning and Building Services departments within one week of submittal to the Citv. DESIGN PREPARED BY: NOTES PREPARED BY: DATE COMPLETED: APPROVED BY: DATE APPROVED: FURTHER ACTION REQUIRED: FOLLOW-UP REQUIRED: DATE FOLLOW-UP COMPLETED: o -me MMGATION MEASURE #3 Final Landscape and Irrigation Plans for each project shall be prepared by the site owner or developer and submitted to the City for review and approval. This plan shall identify the type, number,size and location of all plants, trees or turf to be used onsite. This plan shall also identify the type, size and location of the irrigation system to be used onsite. IMPLEMENTATION AND VERIFICATION ACTION The landscape and irrigation plans for individual projects shall be submitted with approved by the City concurrently with grading plans or site development plans for individual projects onsite prior to implementation of any land disturbance activities. Verification of compliance shall be provided during site inspection by City staff. COMPLIANCE RECORD WHEN REQUIRED: A copy of the approved landscape and irrigation plan shall be maintained in the project file on the project site during construction activities. Copies of all inspection reports and certifications of acceptance(inspection final) by the City shall be placed in the project file at the City Planning and Building Services Department within one week of the inspection or acceptance of the landscape and irrigation measures. DESIGN PREPARED BY: NOTES PREPARED BY: DATE COMPLETED: APPROVED BY: DATE APPROVED: FURTHER ACTION REQUIRED: FOLLOW-UP REOUIRED: DATE FOLLOW-UP COMPLETED: 4 inn w„a M,mr 0 MITIGATION MEASURE #4 The developer shall secure Corps Section 404 and DFG Section 1603 permits or waivers thereof prior to commencing construction activities in the Santa Ma River or San Timoteo Creek channels if such construction is required. The developer shall also comply with all mitigation measures established as conditions of those permits. IMPLEMENTATION AND VERIFICATION ACTIONS The site developer shall submit applications to the Corps and DFG for individual future projects for which they are deemed necessary by the City Planning staff. This requirement shall be made a condition of approval of the project and compliance confirmed prior to issuance any permits (grading, building, etc.)by the City whose implementation would result in the disturbance of areas deemed subject to such permits. Compliance shall be confirmed by submittal of Section 404 permits or 1603 agreements or waivers thereof to the City Planning Department. Proof that the site developer has made all required attempts to notify these agencies or secure the permits without response within statutory time limits by the agencies shall also be deemed compliance by the City. COMPLIANCE RECORD WHEN REQUIRED: Copies of all permits, agreements, waivers or other proof of compliance shall be placed in the project file within one week of submittal to the City Planning and Building Services Department and the City Engineer. DESIGN PREPARED BY: NOTES PREPARED BY: DATE COMPLETED: APPROVED BY: DATE APPROVED: FURTHER ACTION REQUIRED: FOLLOW-UP REQUIRED: DATE FOLLOW-UP COMPLETED: 5 m.. w..as,un MMGATION MEASURE #5 Potential liquefaction impacts shall be mitigated below a level of significance by either dewatering the sites (groundwater), preconsolidating the underlying soils, or mechanically compacting those soils susceptible to liquefaction. The appropriate method shall be determined on a site-by-site basis. The City shall require site specific geotechnical evaluations of each construction site prior to issuing building permits. These evaluations shall address the potential for liquefaction or other seismic hazards to occur and identify the appropriate measures to mitigate potential impacts below a level of significance. These measures must be reviewed and approved by the City Geologist. IMPLEMENTATION AND VERIFICATION ACTIONS Project specific geotechnical, geologic and seismic reports and analysis including recommendations shall be submitted and approved by the City concurrently with building plans which incorporate the recommendations provided in the studies prior to issuance of any building permits for projects within this development. Verification of compliance shall be provided during review and approval of the building plans and during site inspections by City staff. COMPLIANCE RECORD WHEN REQUIRED: Copies of approved plans technical studies and permits shall be kept in the project file onsite during construction activities. Copies of all inspection reports including final acceptance or approval of the structure shall be placed in the project file at the City Planning and Building Services Department and with the City Engineer within one week of completion of such actions by City staff. PLAN SUBMITTED BY: NOTES PREPARED BY: APPROVED BY: DATE COMPLETED: FURTHER ACTION REQUIRED: FOLLOW-UP REQUIRED: DATE FOLLOW-UP COMPLETED: 6 o MITIGATION MEASURE #6 The City shall require that development which overlies the former landfill is provided protection from earth settlement by providing adequate foundation support for structures and parking facilities. This shall be accomplished by requiring site and project specific geotechnical and structural engineering studies. The recommendations provided in these studies shall be made conditions of approval of these projects. Should the measure chosen be removal of the unsuitable material, the City shall require that the excavated material be disposed of in a proper manner at a site licensed for such disposal. IMPLEMENTATION AND VERIFICA An ACTIONS These geotechnical and/or structural engineering studies shall be submitted and approved concurrently with development plans (building, grading, etc.) for projects which overlie the former landfill. The City shall ensure during plan checking that these studies are incorporated in the design of the structures. Verification shall be provided during building inspections. COMPLIANCE RECORD WHEN REQUIRED: A copy of the approved plans studies and permits shall be kept in the project file at the job site during construction activities. A copy of inspection reports and the final acceptance record shall be placed in the project file at the City Planning and Building Service Department and with the City Engineer within one week of such inspections. PLAN PREPARED BY: DATE COMPLETED: APPROVED BY: DATE APPROVED: FURTHER ACTION REQUIRED: FOLLOW-UP REQUIRED: DATE FOLLOW-UP COMPLETED: 7 ran w.a r.vn o MTT'IGATION MEASURE #7 Implement the Transportation Demand Management Program included in this Initial Study as Appendix'A'. This program responds to SCAQMD Regulation 15 regarding tenant transportation and parking management. IMPLEMENTATION AND VERIFICATION ACTIONS This shall be made a condition of approval of future projects within the development which are subject to such a program. The preparation of the Transportation Demand Management Program (TDMP), will be the responsibility of the developer(s) or property owner(s) proposing individual projects within the development. TDMP requirements will be implemented by the City during it's review and approval of site plans for individual developments. This review and approval process shall include verification that parking areas adequately reflect the requirements of the TDMP prior to approval of the plans by the City. The City shall also inspect the site after construction to ensure that TDMP requirements are implemented at the constructed project. TDMP implementation responsibility will be transferred from the property owners or developers to the tenant-employers occupying the site through sale or lease agreements. Annual update plans 'Ail] be required of the tenant- employers. These agreements shall be written a manner that specifies that violation of TDMP by a particular tenant will result in a default of that tenant's lease. COMPLIANCE RECORD WHEN REQUIRED: A copy of the lease shall be submitted to the City Planning Department within one month of its execution. Annual update plans shall be submitted to the City Planning and Building Services Department within one month of the anniversary date of the lease. PROGRAM SUBMITTED BY: NOTES PREPARED BY: APPROVED BY: DATE COMPLETED: FURTHER ACTION REQUIRED: FOLLOW-UP REQUIRED: DATE FOLLOW-UP COMPLETED: 8 m M.ei.JffJ MITIGATION MEASURE #8 The developer shall comply with all applicable portions of the SCAQMD Rule 403 regarding the control of fugitive dust This shall include the regular watering of disturbed areas both in the morning and afternoon and whenever dust is visibly being generated onsite. IMPLEMENTATION AND VERIFICATION ACTIONS Fugitive dust control measures shall be made conditions of approval and incorporated in the grading plans prepared for all projects which will result in groundsurface disturbance activities. Verification shall be provided during site inspections by City staff. COMPLIANCE RECORD WHEN REQUIRED: A copy of the grading plans and inspection records shall be placed in the project file at the City Planning and Building Department and with the City Engineer within one week of such inspections. This record shall evaluate the adequacy of the fugitive dust control measures and any additional measures recommended by the City staff. A copy of any complaints about fugitive dust and the remediation measures taken shall be placed in the project file within one week of receipt of such complaint or implementation of the remediation measures. PROGRAM SUBMITTED BY: NOTES PREPARED BY: APPROVED BY: DATE COMPLETED: FURTHER ACTION REQUIRED: FOLLOW-UP REQUIRED: DATE FOLLOW-UP COMPLETED: 9 1DA HM%,M MMGATION MEASURE #9 The developer shall require the contractor to maintain all construction equipment engines In proper order including proper tuning to manufacturers specifications. IMPLEMENTATION AND VERIFICATION ACTIONS The contract with the contractor shall include this requirement and non-compliance shall be deemed a violation of the terms of that contract. Verification of compliance shall be accomplished by requiring the most recent maintenance records of the equipment be maintained in the project file kept onsite during construction. COMPLIANCE RECORD WHEN REQUIRED: A copy of the latest maintenance record of equipment used onsite shall be placed in the project file onsite prior to the start of construction and a copy submitted to the City Planning and Building Services Department. NOTES PREPARED BY: DATE COMPLETED: FURTHER ACTION REQUIRED: FOLLOW-UP REQUIRED: DATE FOLLOW-UP COMPLETED: 10 o MITIGATION MEASUR E #10 The developer shall require the contractor to reduce the area of disturbance to the minimum feasible for specific construction activities. IMPLEMENTATION AND VERIFICATION ACTIONS The contract with the contractor shall include this requirement and non-compliance shall be deemed a violation of the terms of that contract. Verification of compliance shall be accomplished during site inspections by City staff. COMPLIANCE RECORD WHEN REQUIRED: A copy of the inspection notes shall be placed in the project file onsite and a copy provided to the City Planning and Building Services Department within one week of such inspection. This report shall include identification of any complaints received and the remediation measures implemented. NOTES PREPARED BY: DATE COMPLETED: FURTHER ACTION REQUIRED: FOLLOW-UP REQUIRED: DATE FOLLOW-UP COMPLETED: 11 TM M. A Ull MITIGATION MEAS JRE #11 The developer shall require the contractor to stabilize disturbed areas with either a hard surface covering or vegetation as soon as possible. IMPLEMENTATION AND VERIFICATION ACDONS This measure shall be incorporated into the erosion control and landscape/irrigation plans identified in Mitigation Measures 2 & 3. COMPLIANCE RECORD WHEN REQUIRED: See Mitigation Measures 2 & 3. NOTES PREPARED BY: DATE COMPLETED: FURTHER ACTION REQUIRED: FOLLOW-UP REQUIRED: DATE FOLLOW-UP COMPLETED: 12 MITIGATION MEASURE #12 The developer shall require the contractor to cease all clearing,grading, earth moving or excavation activities during periods of high winds (greater than 25 mph). IMPLEMENTATION AND VERIFICATION ACTIONS The contract with the contractor shall include this requirement and non-compliance shall be deemed a violation of the terms of that contract. The contract shall also include a requirement that the contractor maintain a record of high wind events (Incident Report) that identifies the time and date of each occupance and details the measures implemented to comply with this measure. Verification shall be provided by submittal of this record to the Planning and Building Services Department prior to final inspection and issuance of the certificate of occupancy. COMPLIANCE RECORD WHEN REQUIRED: A copy of the Incident Report shall be placed in the project file onsite within one week of such inspection. This record shall be submitted to the City Planning and Building Services Department prior to final inspection and issuance of the certificate of occupancy. NOTES PREPARED BY: DATE COMPLETED: FURTHER ACTION REQUIRED: FOLLOW-UP REQUIRED: DATE FOLLOW-UP COMPLETED: 13 o MITIGATION MEASURE #13 The developer shall require the contractor to install adequate erosion control devices to prevent the deposition of sediments on paved surfaces; IMPLEMENTATION AND VERIFICATION This measure shall be incorporated into the erosion control and landscape and irrigation plans identified in Mitigation Measures #2 & 3. COMPLIANCE RECORD WHEN REQUIRED: See Mitigation Measures #2 & 3. PROGRAM SUBMITTED BY: NOTES PREPARED BY: APPROVED BY: DATE COMPLETED: FURTHER ACTION REQUIRED: FOLLOW-UP REQUIRED: DATE FOLLOW-UP COMPLETED: 14 0 t MITIGATION MEASURE #14 The site owner shall institute a program or regular private street and parking area sweeping. IMPLEMENTATION AND VERIFICATION ACTIONS A street and parking area sweeping schedule shall be made a condition of approval of this project. Verification shall be accomplished by maintenance of a condition of approval of this project. Verification shall be accomplished by maintenance of a sweeping record at the office of the site operator. This record shall be made available upon request. The sweeping record shall be updated on a monthly basis to reflect the past months activities and compliance with the sweeping program. COMPLIANCE RECORD WHEN REQUIRED: The sweeping record shall be updated on a monthly basis to reflect the past months activities and compliance with the sweeping program. A copy of this record shall be provided to the City Planning and Building Services Department on a monthly basis. NOTIFICATION SUBMITTED BY: NOTES PREPARED BY: DATE COMPLETED: - FURTHER ACTION REQUIRED: FOLLOW-UP REQUIRED: DATE FOLLOW-UP COMPLETED: 15 MITIGATION MEASURE #15 The City shall require that all permits for stationary source generators of emissions secure the necessary permits from the SCAQMD or other responsible agencies. IMPLEMENTATION AND VERIFICATION ACT-IONS The site developer shall submit applications to the SCAQMD for individual projects for which they are deemed necessary by the City Planning staff. This requirement shall be made a condition of approval of the project and compliance confirmed prior to issuance of any building permits. COMPLIANCE RECORD WHEN REQUIRED: Copies of all permits shall be placed in the project file within one week of submittal to the City Planning and Building Services Department. PROGRAM PREPARED BY: DATE COMPLETED: FURTHER ACTION REQUIRED: FOLLOW-UP REQUIRED: DATE FOLLOW-UP COMPLETED: 16 ,a M.b».an 0 0 MITIGATION MEASURE #16 The site owner shall maintain the existing landfill gas collection, venting and disposal system, in proper operating condition. This system shall continue to meet the requirements of Title 14 or the California Code of Regulations regarding the control of LFG under buildings located on or adjacent to landfills. IMPLEMENTATION AND VERIFICATION ACTIONS This measure shall be implemented by compliance with regulations and permits required or issued by responsible agencies such as the SCAQMD, RWQCB or Integrated Waste Management Board. COMPLIANCE RECORD WHEN REQUIRED: A copy of any permits or system certifications shall be placed in the project file onsite to be provided to the City Planning and Building Services Department within two weeks of receipt of such permit or certification. PROGRAM PREPARED BY: DATE COMPLETED: FURTHER ACTION REQUIRED: FOLLOW-UP REQUIRED: DATE FOLLOW-UP COMPLETED: 17 MITIGATION MEASURE #17 The developer shall file a Notice of Intent to Comply With the Terms of the General Permit to Discharge Storm Water Associated with Construction Activity (NOI) and secure a General Construction Activity Storm Water Permit prior to commencing any land disturbance activities which require such a permit. This shall include preparation and implementation of a Storm Water Pollution Prevention Plan (SWPPP) that complies with State Board guidelines and criteria. IMPLEMENTATION AND VERIFICATION ACTIONS This requirement shall be made a condition of approval of individual projects that are subject to the requirement at the center. Verification shall be provided by submittal of the NOI Storm Water Permit to the City Building Department and City Engineer prior to issuance of any grading permits for projects that are subject to this regulation. COMPLIANCE RECORD WHEN REQUIRED: A copy of the NOI and Storm Water Permit shall be placed in the project file at the City Planning and Building Department and City Engineer prior to issuance of grading permits. A copy of the Storm Water Permit and the SWPPP shall be placed in the project file kept onsite. REPORT SUBMITTED BY: NOTES PREPARED BY: DATE COMPLETED: FURTHER ACTION REQUIRED: FOLLOW-UP REQUIRED: DATE FOLLOW-UP COMPLETED: 18 MITIGATION MEASURE #18 After construction, onsite private street and parking lot sweeping shall be maintained to reduce the accumulation or urban waste and sediments. IMPLEMENTATION AND VERIFICATION ACTIONS See Mitigation Measure #14. COMPLIANCE RECORD WHEN REQUIRED: See Mitigation Measure #14. NOTES PREPARED BY: DATE COMPLETED: FURTHER ACTION REQUIRED: FOLLOW-UP REQUIRED: DATE FOLLOW-UP COMPLETED: 19 p MITIGATION MEASURE #20 landscape design criteria shall be coordinated with engineering drainage plans to initiate the following objectives: hardscape areas should use pervious paving materials; turf areas should utilize swale designs to slow runoff and maximize infiltration; roof leaders in buildings shall discharge to pervious areas, greenbelts and seepage pit areas where feasible; landscape areas shall be bermed to contain on-site water with special overflow systems designed into the landscape area systems;small landscaped areas such as planters,tree well and medians shall be designed so no automatic irrigation water flows off the planted areas; automatic irrigation systems will be required and will include water conserving control systems and shall be adaptable to the requirements of the changing seasons. IMPLEMENTATION AND VERIFICATION ACTIONS This measure shall be incorporated into the implementation and verification of Mitigation Measures #3 & 19. COMPLIANCE RECORD WHEN REQUIRED: See Mitigation Measures #3 & 19. REPORT SUBMITTED BY: NOTES PREPARED BY: DATE COMPLETED: FURTHER ACTION REQUIRED: FOLLOW-UP REQUIRED: DATA FOLLOW-UP COMPLETED: 21 MITIGATION MEASURE #21 landscape irrigation containment structures similar to those in use at the existing one story buildings constructed partially over the landfill shall be installed at future building sites in Lots 31,32 and a portion of Lot 34. These structures shall drein irrigation water away from the landfill toward the parking structures to reduce the potential for water infiltrating the landfill material. IMPLEMENTATION AND VERIFI AT10N ACTIONS This measure shall be incorporated into the implementation and verification of Mitigation Measure #3, 19 & 20. COMPLIANCE RE ORD WHEN REQUIRED: See Mitigation Measures #3, 19 & 20. PROGRAM PREPARED BY: DATE COMPLETED: FURTHER ACTION REQUIRED: FOLLOW-UP REQUIRED: DATE FOLLOW-UP COMPLETED: 22 0 MITIGATION MEASURE #22 The City shall require that developers of the project secure all needed permits from the Regional Water Quality Control Board relative to leachate control and groundwater monitoring. IMPLEMENTATION AND VERIFICATION AC`T'IONS This measure shall be made a condition of the project. Compliance shall be verified by receipt of such permits or a statement waiving such permits by the RWQCB. COMPLIANCE RECORD WHEN REQUIRED: A copy of the permits or waiver shall be placed in the project file onsite within two weeks of receipt of such by the site operator. This file shall be made available for review by City staff upon request. PROGRAM PREPARED BY: DATE COMPLETED: FURTHER ACTION REQUIRED: FOLLOW-UP REQUIRED: DATE FOLLOW-UP COMPLETED: 23 Tan r ^U@3 MITIGATION MEASURE #23 To mitigate potential impacts to groundwater quality and quantity from potential land uses on other portions or the site, the City shall require that all permits needed for each activity proposed onsite be secured by the developer (Regional Water Quality Control Board, SCAQMD, Health Departments, etc.). IMPLEMENTATION AND VERIFICATION ACTIONS This shall be made a condition of approval of those projects which propose such activities. The required permits shall be secured and presented to the responsible City agency prior to issuance of any site development permits, (building, grading, etc.) by the City. COMPLIANCE RECORD WHEN REQUIRED: A copy of the permit from the other responsible agency shall be placed in the project file at the appropriate City department within prior to issuance of the development permit. PROGRAM PREPARED BY: DATE COMPLETED: FURTHER ACTION REQUIRED: FOLLOW-UP REQUIRED: DATE FOLLOW-UP COMPLETED: 24 lDA MN M,M) o -� MMGATION MEASURE #24 Design and installation of adequate onsile drainage amenities shall be required as part of the project review process. IMPLEMENTATION AND VERIFICATION ACTIONS The measure shall be made a condition of approval of the individual projects proposed onsite. Drainage control plans shall be submitted with site improvement or development plans for specific projects. These plans must be reviewed and approved by the City prior to issuance of grading or building permits. Verification shall be provided during site inspections by City staff or acceptance (final inspection) by the City. COMPLIANCE RECORD WHEN REQUIRED: A copy of approved plan and/or permit issued shall be maintained on the project site during construction activities. Copies of all inspection reports including final inspection shall be placed in the project file at the City Engineering and Planning and Building Services Departments within one week of such inspection. REPORT SUBMITTED BY: NOTES PREPARED BY: DATE COMPLETED: FURTHER ACTION REQUIRED: FOLLOW-UP REQUIRED: DATE FOLLOW-UP COMPLETED: 25 MITIGATION MEASURE #25 Site grading shall be required that will ensure adequate drainage to street areas rather than neighboring areas. IMPLEMENTATION AND VERIFICATION ACTIONS This shall be incorporated and implemented with Mitigation Measure #1. COMPLIANCE RECORD WHEN REQUIRED: See Mitigation Measure #1. REPORT SUBMITTED BY: NOTES PREPARED BY: DATE COMPLETED: FURTHER ACTION REQUIRED: FOLLOW-UP REQUIRED: DATE FOLLOW-UP COMPLETED: 26 MITIGATION MEASURJ #26 All building structures shall be protected against a 100-year flood, elevation of first Moors should be a minimum of one foot above the 100-year flood elevation. IMPLEMENTATION AND VERIFICATION A T�IONS This measure shall be made a condition of approval of individual project that could be within the 100 year flood plain. Grading plans or site development plans submitted for such projects shall include a detailed hydrology study that verifies the locations and elevations of the proposed structures are above the 100 year flood plain. Approval of these plans based on review of the hydrology study will constitute compliance with this measure. COMPLIANCE RECORD WHEN REQUIRED: A copy of the approved plan shall be maintained in the project file on the project site during construction activities. Copies of all inspection reports and certifications of acceptance (inspection final) by the City shall be placed in the project file at the City Engineering and Planning and Building Services Department within one week of the inspection. NOTES PREPARED BY: DATE COMPLETED: FURTHER ACTION REQUIRED: FOLLOW-UP REQUIRED: DATE FOLLOW-UP COMPLETED: 27 m.. MrJ x.vrr O MITIGATION MEASURE #27 At least two routes of ingress and egress to the development shall must be available during a 100-year flood. IMPLEMENTATION AND VERIFICATION ACTION This measure shall be made a condition of approval of individual projects onsite. Prior to approval of the project and issuance of development permits (grading, building, etc.) a finding of adequate access must be made by the City Planning and Building Services and Fire departments. COMPLIANCE RECORD WHEN REQUIRED: A copy of the finding shall be placed in the project file at the City Planning, Engineering or Fire Department prior to issuance of any development permits. NOTES PREPARED BY: DATE COMPLETED: FURTHER ACTION REQUIRED: FOLLOW-UP REQUIRED: DATE FOLLOW-UP COMPLETED: 28 inn w.a a,nu 0 0 MITIGATION MEASURE #28 The foundation designs for all structures shall be based on detailed soils and engineering studies. IMPLEMENTATION AND VERIFICATION ACTIONS All grading and building plans submitted to the City for review and permitting shall be accompanied by soils and engineering studies prepared by a qualified soils engineer or engineering geologist which contain recommendations for the design of structures for which the plans are submitted. These plans shall incorporate the recommendations provided in those studies. Verification shall be provided by City staff during building grading inspections. COMPLIANCE RECORD WHEN REQUIRED: A copy of the approved plans and/or permits shall be maintained on the project site during construction activities. Copies of all inspection reports, including final inspection, shall be placed in the project file at the City Engineering and Planning and Building Services NOTES PREPARED BY: Departments within one week of such inspections. DATE COMPLETED: FURTHER ACTION REQUIRED: FOLLOW-UP REQUIRED: DATE FOLLOW-UP COMPLETED: 29 MITIGATION' MEASURE #29 Throughout the remaining planning and design stages of the project, the riparian vegetation within the Santa Ana River wash shall continue to be preserved due to its status as being representative of a very limited vegetation type. IMPLEMENTATION AND VERIFICATION ACTIONS This review of each individual project shall be made prior to its approval or issuance of development permits (building, grading, etc.) to determine that riparian vegetation within the Santa Ana River wash is not disturbed. Verification shall be provided during site inspections by City staff. COMPLIANCE RECORD WHEN REQUIRED: A copy of the approved plans and/or permits shall be maintained on the project site during construction activities. Copies of all inspection reports, including final inspections, shall be placed in the project file at the City Engineering and Planning and Building Services Departments within one week of such inspections. NOTES PREPARED BY: DATE COMPLETED: FURTHER ACTION REQUIRED: FOLLOW-UP REQUIRED: DATE FOLLOW-UP COMPLETED: 30 ,v„ MNAM3 o MITIGATION MEASURE #31 Construction activities shall be restricted to the hours between 7 a.m. and 6 p.m. IMPLEMENTATION AND VERIFICATION ACTIONS This measure shall be made a condition of approval of individual projects and incorporated into the contract with the project contractor. Non-compliance shall be deemed a violation of the terms of that contract. Verification of compliance shall be during random inspections by City staff. COMPLIANCE RECORD WHEN REQUIRED: A copy of the latest maintenance record of equipment used onsite shall be placed in the project file onsite prior to the start of construction. A copy of the inspection reports shall be placed in the project file at the City Planning and Building Services Department within one week of the inspections. MAP SUBMITTED BY: CONTROL METHOD SUBMITTED BY: NOTES PREPARED BY: APPROVED BY: DATE COMPLETED: FURTHER ACTION REQUIRED: FOLLOW-UP REQUIRED: DATE FOLLOW-UP COMPLETED: 32 me M..axau MMGATION MEASURE #32 The City shall review each project proposed to determine its compliance with applicable noise standards and establish conditions of approval that adequately mitigate potential noise impacts. IMPLEMENTATION AND VERIFICATION ACTIONS This measure shall be incorporated into the conditions of approval for this project and for each subsequent project. Verification shall be provided during the planning process for Development Plans or Conditional Use Permits and building plan check and construction inspections by City staff. Where deemed necessary by the City, building plans submitted for plan check and approval shall be accompanied by a project specific noise study prepared by a qualified expert. COMPLIANCE RECORD WHEN REQUIRED: A copy of the approved building plans shall be placed in a project file onsite prior to the start of construction. A copy of all inspection reports including final inspection shall be placed in the project file at the City Planning and Building Services Department within one week of such inspection. DRAWINGS SUBMITTED BY: NOTES PREPARED BY: DATE COMPLETED: FURTHER ACTION REQUIRED: FOLLOW-UP REQUIRED: DATE FOLLOW-UP COMPLETED: 33 rw M. A.un MITIGATION MEASURE #33 The City shall review each proposed activity within this development, including construction plans, to ensure that its implementation does not create a significant threat to human health and safety. IMPLEMENTATION AND VERIFICATION ACTIONS This measure shall be implemented during review and approval of future projects including development and/or building plans submitted for approval. Verification shall be accomplished during plan review and site inspections by City staff. COMPLIANCE RECORD WHEN REQUIRED: A copy of the approved plans shall be maintained in the project file on the project site during construction activities. Copies of all inspection reports and certifications of acceptance (inspection final) by the City shall be placed in the project file at the City Engineering and Planning and Building services Department within one week of the inspection, including the final inspection. NOTES PREPARED BY: DATE COMPLETED: FURTHER ACTION REQUIRED: FOLLOW-UP REQUIRED: DATE FOLLOW-UP COMPLETED: 34 i O MITIGATION MEASURE #34 The City shall require the developer to acquire permits from other responsible agencies (i.e. SCAQMD, Regional Water Quality Control, etc.), when needed, as part of the building permit process to ensure that proposed facilities meet the design and operation standards of these responsible agencies. IMPLEMENTATION AND VERIFICATION ACTIONS The site developer shall submit applications to other responsible agencies for individual projects for which they are deemed necessary by the City Planning staff. This requirement shall be made a condition of approval of the affected projects and compliance confirmed by submittal of the appropriate permits or proof of meeting statutory notification or compliance requirements to the City prior to issuance of any development permits (grading, building, etc.,) by the City. COMPLIANCE RECORD WHEN REQUIRED: Copies of all permits shall be placed in the project file within one week of submittal to the City Planning and Building Services Department. NOTES PREPARED BY: DATE COMPLETED: FURTHER ACTION REQUIRED: FOLLOW-UP REQUIRED: DATE FOLLOW-UP COMPLETED: 35 rw .,..s s,mr MMGATION MEASURE #35 Facilities that store hazardous materials or wastes shall provide the City with a business plan which outlines the materials stored, storage containers and locations,and emergency response program in use of accidental release of material. IMPLEMENTATION AND VERIFICATION ACTIONS This measure shall be made a condition of approval of all projects which propose such uses and facilities. This business plan shall be submitted and approved by the appropriate agency or department prior to such materials being stored. Additionally, the City Planning and Building Services Department needs to be notified that a business plan and emergency response program have been filed with DEHS and City Fire Department. COMPLIANCE RECORD WHEN REQUIRED: A copy of the business plan shall be kept in the office of the company for which it is prepared and at the office of the agency or department which has jurisdiction. This plan shall be placed in the project file prior to storage of such materials or wastes. Additionally, the City Planning and Building Services Department needs to be notified that a Business Plan and/or Emergency Response Plan have been filed with the Department of Environmental Health Services and City Fire Department. NOTES PREPARED BY: DATE COMPLETED: FURTHER ACTION REQUIRED: FOLLOW-UP REQUIRED: DATE FOLLOW-UP COMPLETED: 36 MITIGATION MEASURE #36 a. At the time of Phase I development or when new development at the Centre results in the generation of an additional 2033 vehicle trips in the PM peak hour above current levels, the site developer shall construct the following unless already installed: Waterman Avenue and Hosaaaliy lane (WA) Northbound: Add a second exclusive right turn lane. (WA Southbound: Add a third through lane. (HL) Westbound: Add a second left turn lane. Restripe for one (1) through lane. Restripe for one (1) exclusive right turn lane. Hospaally Lane and Camegie Diivel7-10 Ramps (HL) Eastbound: Add a second through lane. (HL) Westbound: Add a second left turn lane. Tippecanoe Avenue and I-10 Westbound Ramps (TA) Southbound: Add one (1) exclusive-free right turn lane. (TA) Northbound: Restripe middle lane for shared left and through lane. Tippecanoe Avenue and I-10 Eastbound Ramps (TA) Southbound: Restripe middle lane for shared left and through lane. b. At the time of Phase 2 development or when new development at the Centre results in the generation of an additional 964 vehicle trips in the PM peak hour above levels identified in Mitigation Measure 36A or when determined necessary by the City's Engineering/Public Works Department, the site developer shall construct the following unless already installed: Camegie Drive and Vanderbilt Way Signalization of the intersection. Hospualq Lane and Hamman Place Signalization of the intersection. At the time these measures are implemented, or when determined necessary by the City's Engineering/Public Works Department, the site developer shall contribute Its fair share contribution for the following improvements. The amount of this contribution shall be negotiated between the City and site developer and shall be based on this projects contribution to the identified impact: Waterman Avenue and Redlands Boulevad (RB) Eastbound: Add a second left turn. (RB) Westbound: Add a second left turn. 37 Tippecanoe Avenue and Harman Place (HL) Eastbound: Restripc to provide one (1) shared left-througb lane, and one (1) exclusive right turn lane. C. At the time of Phase 3 development or when new development at the Centre results in the generation of an additional 654 vehicle trips in the PM peak hour above levels identified in Mitigation Measure 36.b or when determined necessary by the City's Engineering/Public Works Department, the site developer shall construct the following unless already installed: Waterman Avenue and Vanderbilt Way (WA) Northbound: Convert the exclusive right turn lane to a shared right turn-througb lane. Transition north of intersection. t,amegie Drive and Hospualuy Lane/1-10 Ramp (CD) Southbound: Add a second through lane. At the time these measures are implemented, or when determined necessary by the City's Engineering/Public Works Department, the site developer shall contribute its fair share contribution for the following improvements. The amount of this contribution shall be negotiated between the City and site developer and shall be based on this projects contribution to the identified impact: Tippecanoe Avenue and Harriman Place (TA) Northbound: Convert the exclusive right-turn lane to a shared right-through lane. Widen as needed and extend through intersection. (TA) Southbound: Add a second through lane. CL At the time or Phase 4 development or when new development at the Centre results in the generation of an additional 695 vehicle trips in the PM peak hour above levels identified in Mitigation Measure 36.c. or when determined necessary by the City's Engineering/Public Works Department, the site developer shall contribute its negotiated fair share contribution for the following improvements and shall be based on this projects contribution to the identified impact: Waterman Avenue and Hospitality Lane (HL) Eastbound: Add a second exclusive right turn lane. Tippecmtoe Avenue and I-10 Westbound Ramps (TA) Southbound: Add a third through lane. (TA) Tippecanoe Avenue and I-10 Lzrfbamd Ramps Northbound: Add one (1) exclusive right turn. 38 rw M. AI V03 The mitigations recommended for the Tippecanoe and I-10 interchange will require widening of the existing five (5) lane cross section of Tippecanoe Avenue under the bridge, to six (6) lanes. Field observations have identified that curbed sidewalk areas of approximately ten feet (10') in width exist along both sides of the road under the bridge structure. These areas can be cut back on both sides to yield the additional lane. The adequacy of these measures is dependent upon the following improvement being constructed by the City or others at this time. Orange Show Road Constructed to its full General Planned width between Arrowhead Avenue and Waterman Avenue. Should this roadway not be constructed,no building permits for Phase 4 or later development phases shall be issued until a revised traffic impact analysis (TIA) is prepared which evaluates the impacts to the roadway system from continued development without installation of the Orange Show Road extension and which also identifies adequate measures to mitigate impacts to acceptable levels on affected roadways. e. At the time of Phase 5 development or when new development at the Centre results in the generation of an additional 668 vehicle trips in the PM peak hour above levels identified in Mitigation Measure 36.d. or when determined necessary by the City ttaRc engineer,the site developer shall contribute its fair share contribution for the following improvements and shall be based on this projects contribution to the identified impact: Waterman Avenue and hospitality Iaae (HL) Eastbound: Add a second through lane. (HL) Westbound: Add a second through lane. Carnegie Drive and North-South Anna( Signalivation of the intersection. The adequacy of these measures is dependant upon the following improvement being constructed by the City or others at this time. The North-South arterial to the project boundary shown on the City's General Plan as situated between Waterman Avenue and Tippecanoe Avenue. Should this roadway improvement not be constructed, no building permits for Phase 5 or later development phases shall be issued until a revised TIA is prepared which evaluates the impacts to the roadway system from continued development without installation of the 'North-South Arterial'identified above. This study shall also identify adequate measures to mitigate impacts to acceptable levels on affected roadways. This projects fair share contribution to the construction of the North-South arterial shall be dedication of right of way and the concoction of roadway improvements for that portion of the Nortb-South Arterial within the Centre's project boundaries. 39 tun Mwa,nrJ f, At the time of Phase 6 development or when development at the Centre results in the generation of an additional 958 vehicle trips in the PM peak hour above levels identified in Mitigation Measure 36.e. or when determined necessary by the City traffic engineer, the site developer shall contribute its fair share contribution for the following improvements and shall be based on this projects contribution to identified impacts. Watemmn Avenue and Redlands Boulevard (WA) Northbound: Add a third through lane. (RB) Eastbound: Add one (1) exclusive right-turn lane. Tippecanoe Avenue and Hmrvnan Place (HP) Eastbound: Add a second exclusive right-turn lane. Tippecanoe Avenue and I-10 Fartbound Ramps (TA) Northbound: Convert the exclusive right-turn lane to a shared right-through lane. IMPLEMENTATION AND VERIFICATION ACTIONS Prior to approval of each new individual project within the Centre, the City Engineering/Public Works Department shall review the project to determine its potential impact to the area roadway and circulation system. This determination shall be made by analyzing existing data and projecting traffic volumes or by implementing new traffic counts and applying the projected project related traffic volumes to the roadway system. The results of this analysis shall be used to determine the appropriate time for implementing the needed roadway improvements or fair share contribution. The identified improvements or contributions shall be made conditions of approval of the project being reviewed. Verification of compliance shall be provided during the City's planning process for Development Plans or Conditional Use Permits,during plan check and approval process and during construction inspection. 40 COMPLIANCE RECORD WHEN REQUIRED: A copy of the adopted condition of approval shall be kept in the project file at the City Engineering/Public Works Department and the City Planning and Building Services Department. A copy of the approved plans shall be kept in the project fde onsite during construction activities. A copy of all inspection reports including the final inspection shall be placed in the project file at the City Engineering/Public Works Department and a copy provided to the City Planning and Building Services Department within one week of such inspections. NOTES PREPARED BY: DATE COMPLETED: FURTHER ACTION REQUIRED: FOLLOW-UP REQUIRED: DATE FOLLOW-UP COMPLETED: 41 'tn.A M. X,043 MITIGATION MEASURE #37 The City shall require the preparation of a new traffic impact analysis (TIA) that evaluates the impacts to the roadway system from continued development at the Centre under a revised scenario should any of the assumptions contained in the TIA not be implemented in the manner and the time frames provided in that document The City shall cease issuing Development Permits at the Centre should any of the mitigation milestones identified in Mitigation Measure #36 not be met. The issuance of Development Permits shall not resume until the revised traffic study containing mitigation measures that ensure an adequate level of service is maintained in affected roadways is approved by the City. IMPLEMENTATION AND VERIFICATION ACTIONS This measure shall be implemented with Mitigation Measure #36. If during review of the new project, it is determined that roadway improvement assumptions contained in the approved (TIA) are not implemented at the time required by the TIA, a revised TIA must be submitted and approved prior to approval of the new project. COMPLIANCE RECORD WHEN REQUIRED: The revised TIA must be reviewed and approved by the City (Engineering/Public Works Department prior to approval of the affected project. A record of that approval shall be provided to the City Planning and Building Services Department. NOTES PREPARED BY: DATE COMPLETED: FURTHER ACTION REQUIRED: FOLLOW-UP REQUIRED: DATE FOLLOW-UP COMPLETED: 42 MITIGATION MEASURE #38 Prior to issuance of any Building Permits after completion of the I-10/Waterman Avenue ramp modifications, the AM and PM peak hour levels of service at regionally significant intersections shall be monitored to determine their existing level of service designations. Based on the results of that monitoring program, the project related mitigation measures at those intersections should be evaluated to determine their adequacy. This monitoring program could be implemented prior to initiating each phase of development to determine the e)dsting level orsemice at each regionally significant intersection to determine the adequacy or implemented mitigation measures. Should this monitoring reveal that these measures are not adequate,additional measures shall be established as conditions of approval or future phases of development. IMPLEMENTATION AND VERIFICATION ACTIONS This measure shall be implemented with as part of Mitigation Measure # 36 and made a condition of approval of new projects submitted for future phases of development. The results of the monitoring shall be used to develop conditions of approval for future projects. COMPLIANCE RECORD WHEN REQUIRED: A copy of the monitoring results shall be placed in the project fde at the City Engineer's office prior to approval of proposed project and the Planning and Building Services Department notified of the results of this monitoring. NOTES PREPARED BY: DATE COMPLETED: FURTHER ACTION REQUIRED: FOLLOW-UP REQUIRED: DATE FOLLOW-UP COMPLETED: 43 MMGAT 0h1 MEASURE #39 The City shall continue to man and operate the fire station located onsite to provide adequate rim protection in the project arcs. IMPLEMENTATION AND VERIFICATION ACTIONS Prior to approval of each new project, the City shall review the adequacy of the existing fire protection facilities for the project area. If the existing facilities are deemed inadequate, conditions of approval that provide for this projects fair share contributions to the upgrade of the fire protection system shall be incorporated into the approval of future projects that impact the existing fire protection system. COMPLIANCE RECORD WHEN REQUIRED: A copy of all future projects conditions of approval shall be maintained in the project file at the City Planning and Building Services Department. NOTES PREPARED BY: DATE COMPLETED: FURTHER ACTION REQUIRED: FOLLOW-UP REQUIRED: DATE FOLLOW-UP COMPLETED: 44 MITIGATION MEASURE #40 The City shall require that all structures proposed at the Centre meet the latest rim codes and regulations regarding type of construction and materials used. This shall be accomplished during the planning process, building plan checks and construction inspections. This review and inspection process shall include implementation or the recommendations and requirements made by the City Fire Department. IMPLEMENTATION AND VERIFICATION ACTIONS This shall be made a condition of approval of future projects. All building or structure plans shall be reviewed and approved by the City Planning and Building Services and Fire departments to ensure compliance with applicable codes and regulations. Verification of compliance shall be provided during building inspections by City staff. COMPLIANCE RECORD WHEN REQUIRED: A copy of the approved building plans and permits shall be kept onsite during construction activities. Copies of the inspection reports including the final inspection or structure acceptance shall be placed in the project file at the City Planning and Building Services Department within one week of such inspections. NOTES PREPARED BY: DATE COMPLETED: FURTHER ACTION REQUIRED: FOLLOW-UP REQUIRED: DATE FOLLOW-UP COMPLETED: 45 ,a M, M,Ml O MI II ATION MEASURE #41 Prior to the approval of individual projects, the City Water Department shall review these projects and the existing water system to determine its adequacy to provide service. If the system requires upgrading, the needed water system improvements shall be made conditions of approval of the project. IMPLEMENTATION AND VERIFICATION ACTIONS The City shall ensure that an adequate source of water is available at the site to meet fire flow requirements. This includes adequate transmission facilities (pipes, fire hydrants, etc.) This determination shall be made prior to approving individual projects within the Centre. Should it be determined that existing facilities are not adequate, the City shall include adequate water system improvements in the project conditions of approval. Verification of compliance shall be made during plan check and inspection of the water system improvements by the City Water Department. COMPLIANCE RECORD WHEN REQUIRED: A copy of the approved water plans shall be kept in the project file onsite during construction activities. A copy of all inspection records, including acceptance of the system improvements, shall be placed in the project file at the City Water Department and the City Planning and Building Services Department within one week of such inspections. NOTES PREPARED BY: DATE COMPLETED: FURTHER ACTION REQUIRED: FOLLOW-UP REQUIRED: DATE FOLLOW-UP COMPLETED: 46 MD 71GATION MEASURE #42 The City Police Department shall review development plans for individual projects and its recommendations incorporated into the conditions of approval for this project. IMPLEMENTATION AND VERIFICATION ACTIONS The City Police Department shall review development plans for individual projects and its recommendations incorporated into the conditions of approval for the project. Verification of compliance shall be provided during site inspections by City staff. COMPLIANCE RECORD WHEN REQUIRED: A copy of the inspection reports, including the final inspection, shall be placed in the project file at the City Planning and Building Services Department within one week of such inspection. NOTES PREPARED BY: DATE COMPLETED: FURTHER ACTION REQUIRED: FOLLOW-UP REQUIRED: DATE FOLLOW-UP COMPLETED: 47 TM M.a Ml MITIGATION MEASURE #43 The developer shall pay required school impaction fees to mitigate potential impacts to the local school system from development of this project- IMPLEMENTATION AND VERIFICATION ACTIONS This measure shall be incorporated into the conditions of approval of the projects. The required fees shall be paid prior to issuance of building permits for any structures subject to such fees. COMPLIANCE RECORD WHEN REQUIRED: The site developer shall retain a copy of the receipt for payment of such fees at his place of business prior to the start of building construction. A copy of the receipt will be shown to Planning and Building services personnel prior to issuance of Building Permits. NOTES PREPARED BY: DATE COMPLETED: FURTHER ACTION REQUIRED: FOLLOW-UP REQUIRED: DATE FOLLOW-UP COMPLETED: 48 ,a� a.•�.» .,M. A-nON MEASURE #44 The developer shall work with the County Solid Waste Management Department to develop a program for tenants or the Centre that will provide recycling capability at the Center consistent with D partme t new rams. This program shall include the identification of recyclable materials (white paper, glass, plastic,etcJ as well as identifying h�ich require collection spet al disposal methods'and sittees. The identification of the substances (toxic and hazardous) 9 appropriate means of disposal or these substances shall be included in the program. IMPLEMENTA'T'ION AND VERIFICATION ACTIONS This measure shall be made a condition of approval of future pro)ects. The County Solid Waste Management Department shall be contacted prior to project approval to identify the should be implemented at this site. Those waste disposal methods and programs which recommendations which can feasibly be implemented by the project shall be incorporated into the project conditions of approval. COMPLIANCE RECORD WHEN REQUIRED: A copy of the project conditions of approval shall be maintained in the project file at the City Planning and Building Services Department. NOTES PREPARED BY: DATE COMPLETED: FURTHER ACTION REQUIRED: FOLLOW-UP REQUIRED: DATE FOLLOW-UP COMPLETED: 49 MITIGATION MEASURE #45 The City shall ensure that all applicable energy conservation codes and regulations are included in the design and construction of new structures during the plan check and building inspection process. IMPLEMENTATION AND VERIFICATION ACTIONS All building plans shall be reviewed and approved by the City Building Department. Verification shall be provided by issuance of the building permits and during building inspections by City staff. COMPLIANCE RECORD WHEN REQUIRED: A copy of the approved plans and building permits shall be kept onsite during construction activities. A copy of all inspection reports, including the final inspection, shall be placed in the project file at the Building Department within one week of such inspections. NOTES PREPARED BY: DATE COMPLETED: FURTHER ACTION REQUIRED: FOLLOW-UP REQUIRED: DATE FOLLOW-UP COMPLETED: 50 MITIGATION MEASURE #46 The dividual prlojectsuatt verification Centre t that ensure thatecontinued development service wills not available ause a significantt approval of effect on a these services. IMPLEMENTATION AND VERIFICATION ACTIONS This measure shall be implemented with Mitigation Measure #41. Review of the existing Sewer system shall occur concurrently with review of the water system. COMPLIANCE RECORD WHEN REQUIRED: See Mitigation Measure #41. NOTES PREPARED BY: DATE COMPLETED: FURTHER ACTION REQUIRED: FOLLOW-UP REQUIRED: DATE FOLLOW-UP COMPLETED: 51 MITIGATION MEASURE #47 The City shall require the developer to implement water conservation activities deemed appropriate by the City Water Department. IMPLEMENTATION AND VERIFICATION ACTIONS This measure shall be implemented with Mitigation Measure #42. Recommendations shall be incorporated into the conditions of approval of individual projects. COMPLIANCE RECORD WHEN REQUIRED: see Mitigation Measure #41. NOTES PREPARED BY: DATE COMPLETED: FURTHER ACTION REQUIRED: FOLLOW-UP REQUIRED: DATE FOLLOW-UP COMPLETED: 52 `vft.,r GA-rrnnt MEASURE #48 ologiral resources are encountered during construction activities onsite, all In the unlikely event that archae work In the area of the find shall cease and a qualified archaeologist brought to the site to evaluate the rind and determine appropriate mitigation measures. The archaeologist's recommendations shall be implemented to provide adequate mitigation for potential impacts. IMPLE IENTATION AND rERIF]r eTInN ACTIONS The measure shall be made a condition of approval of individual projects and incorporated into the contract with any contractor involved in land disturbance activities. Non-compliance with this measure shall be deemed a violation of the terms of the contract. A record of any actions taken shall be made by the contractor a copy of that record submitted to the City Planning and Building Services Department. Verification shall be provided during site inspections by City staff. nnt\ p rA E RF_.CORD WHEN REQUIRED: A copy of the contract shall be made available to the City Planning and Building Services Department staff upon request. A copy of all inspection reports shall be placed in the project file within one week of such inspections. If resources are encountered,a report identifying when, where the find occurred, and the archaeologist retained shall be prepared. This report shall also detail the disposition of the MOUTM NOTES PREPARED BY: DATE COMPLETED: FURTHER ACTION REQUIRED: FOLLOW-UP REQUIRED: DATE FOLLOW-UP COMPLETED: 53