HomeMy WebLinkAbout06.A- Community Development 6.A
RESOLUTION(ID# 1327) DOC ID: 1327 C
CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION
Public Hearing
From: Margo Wheeler M/CC Meeting Date: 10/17/2011
Prepared by: Shirley Robinson, (909) 384-
5057
Dept: Community Development Ward(s): 3
Subject:
A Resolution of the Mayor and Common Council of the City of San Bernardino Approving First
Amendment to Development Agreement No. 91-01 Between the City of San Bernardino and the
Developer of the Inland Center Mall, Located at 500 South Inland Center Drive.
Financial Impact:
Account Budgeted Amount: None.
Account No. N/A
Account Description: <<Insert Account Description
Balance as o£ <<Insert Date>>
Balance after approval of this item: <<Insert Amount»
Please note this balance does not indicate available funding. It does not include non-encumbered
reoccurring expenses or expenses incurred,but not yet processed.
Recommended Motion:
That the hearing be opened and continued to November 21, 2011.
Synopsis of Previous Council Action:
April 1, 1996 - The Mayor and Common Council approved Development Agreement No. 9 1-01
(Resolution No. 96-84) and certified an Environmental Impact Report (SCH 994032045) which
granted the developer the right to expand the Inland Center Mall.
November 3, 1997 - The Mayor and Common Council upheld the Planning Commission's denial
of an appeal of the approval of Development Permit 2 No. 97-13 to initiate Phase I of the
expansion of the Inland Center Mall.
September 6, 2011 - The Applicant requested a continuance to September 9, 2011.
September 19, 2011 - The Applicant requested a continuance to October 17, 2011.
Background:
On June 22, 2011, the Planning Commission recommended that the Mayor and Common
Council approve Development Agreement Amendment (DA)No. 08-01 to extend and amend the
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Agreement /� 1327
Development Agreement enacted on April 1, 1996, for a phased expansion of the Inland
Center Mall, requiring completion of Phase I in 2026 and commencement of the final Phase II
by 2031 . Proposed amendments include substitution of current Development Code parking
standards for the more stringent requirement in the existing Agreement, and incorporation of
minor modifications to the project site caused by the recent widening of 1-215. The subject site
is a 61-acre regional mall located at 500 South Inland Center rive in the CR-1, Commercial
Regional Malls land use district.
The applicant/representative requests that the Mayor and Common Council approve
Development Agreement Amendment No. 08-01 as recommended by the Planning Commission
at their meeting of June 22, 2011. The Planning Commission voted unanimously in favor of the
proposed development agreement amendment. Commissioners Eble, Heasley, Jimenez, Machen,
Mulvihill and Rawls voted in favor of the motion and Commissioners Coute and Durr were
absent.
Due to current economic conditions, expansion for the Mall as anticipated in Development
Agreement No. 91-01 has been challenging. The applicant/representative requests that the
completion dates for Phases I and II be extended and that minor clarification and updates be
added to simplify certain sections of the agreement, to enhance processing of further expansion
of the Mall. The Planning Commission staff report (Attachment 1) contains a more detailed
analysis of DA 08-01.
California Environmental Quality Act (CEQA) Compliance:
An Environmental Impact Report (SCH #94032045) was prepared to analyze all potential
impacts related to approval of Development Agreement No 91-01 in compliance with CEQA
requirements and Section 19.20.030 (6) of the Development Code. Findings of Fact and a
Statement of Overriding Considerations were adopted in accordance with guidelines for the
implementation of CEQA. All future development described in the subject agreement will be
required to incorporate applicable mitigation measures from the EIR.
Financial Impact:
None.
Recommendation:
That the hearing be closed and that the resolution be adopted.
Attachment 1: Planning Commission Staff Report Dated June 22, 2011
Resolution
City Attorney Review:
Supporting Documents:
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RESO-final (PDF)
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6.A.a
1 RESOLUTION NO.
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3 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO APPROVING FIRST AMENDMENT TO
4 DEVELOPMENT AGREEMENT NO. 91-01 BETWEEN THE CITY OF SAN
s BERNARDINO AND THE DEVELOPER OF THE INLAND CENTER MALL,
LOCATED AT 500 SOUTH INLAND CENTER DRIVE.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
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OF SAN BERNARDINO AS FOLLOWS:
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SECTION 1. Recitals. °3
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WHEREAS, WM Inland LP has requested approval of an amendment to Development v
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Agreement No. 9 1-01 for a phased expansion of the Inland Center Mall; and
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WHEREAS, the proposed agreement amendment is referred to herein as Development °
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Agreement Amendment No. 08-01 and is also referred to herein as First Amendment to 0
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Development Agreement for the Inland Center Mall; and o
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WHEREAS, the Inland Center Mall consists of approximately 61 acres located at 500 M
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South Inland Center Drive; and
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WHEREAS, on April 1, 1996, the Mayor and Common Council approved Development
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19 Agreement No. 91-01 by Resolution No. 96-84 which provided the developer of the Inland
I Center Mall the right to expand the Inland Center Mall and develop the project site in accordance
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with the provisions established in the Development Agreement; and
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j WHEREAS, an Environmental Impact Report (State Clearinghouse No. 94032045) was a
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23 prepared for Development Agreement No. 91-01, pursuant to Section 15050 of the California
24 Environmental Quality Act(CEQA) Guidelines; and
25 WHEREAS, the Planning Commission of the City of San Bernardino held a noticed
26 public hearing on June 22, 2011, to consider Development Agreement Amendment No. 08-01
27 and recommended approval to the Mayor and Common Council; and
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1 WHEREAS, the Mayor and Common Council held a noticed public hearing on July 18,
2 2011, to consider the proposed Development Agreement Amendment No. 08-01, including the
3 Planning Commission recommendation and the Planning Division Staff Report dated June 22,
4 2011.
5 NOW, THEREFORE, BE IT RESOLVED, FOUND AND DETERMINED BY THE
6 MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS
7 FOLLOWS:
8 SECTION 2. Findings:
9 A. Development Agreement Amendment No. 08-01 is internally consistent with the
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10 General Plan in that it meets General Plan Policy 4.5.2 in that it maintains and enhances d
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11 commercial regional cores and economically sound community-serving commercial =
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12 concentrations by attracting new regional outlets, maintaining the existing regional retail base, c
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13 and stabilizing the future regional retail base.
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14 B. Development Agreement Amendment No. 08-01 is consistent with Development Q
15 Code Chapter 19.40 in that, in conjunction with Development Agreement No. 91-01, it contains ti
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16 the mandatory contents for development agreements, including and not limited to the duration of
17 the agreement, the permitted uses of the property, and the density or intensity of use(s) as
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described in Section 19.40.040 of the Development Code. w
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19 C. The proposed amendment will promote the public interest, health, safety,
20 convenience and welfare of the City in that expansion of the Inland Center Mall will create s
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temporary construction jobs and permanent J ob o pp ortunities in the City, and generate revenues `
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22 and property taxes for the City.
23 SECTION 3. Development Agreement Amendment No. 08-01:
24 Development Agreement Amendment No. 08-01, also referred to as the First Amendment
25 to Development Agreement for the Inland Center Mall, attached hereto and incorporated herein
26 as Exhibit A, and is hereby approved. The City Manager is hereby authorized and directed to
27 execute the First Amendment to Development Agreement for the Inland Center Mall on behalf of
28 the City of San Bernardino.
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1 SECTION 4. Compliance with California Environmental Quality Act:
2 An Environmental Impact Report (EIR) (SCH #94032045) was prepared to analyze the
3 environmental impacts of the expansion of the Inland Center Mall as proposed under
4 Development Agreement No. 91-01. The Mayor and Common Council certified the EIR,
5 adopted Findings of Fact, a Statement of Overriding Considerations and a Mitigation
6 Monitoring/Reporting Program (MM/RP) on April 1, 1996. Development Agreement
7 Amendment No. 08-01 does not alter the scope of the approved expansion plan, provides only
8 minor modifications to the project site, and does not require further environmental analysis or
9 documentation pursuant to Sections 15162 through 15164 of the State CEQA Guidelines.
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10 SECTION 5. Notice of Determination
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11 The Planning Division is hereby directed to file a Notice of Determination with the
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12 County Clerk of the Board of Supervisors of the County of San Bernardino, certifying the City's
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13 compliance with the California Environmental Quality Act.
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1 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE
2 CITY OF SAN BERNARDINO APPROVING FIRST AMENDMENT TO
3 DEVELOPMENT AGREEMENT NO. 91-01 BETWEEN THE CITY OF SAN
BERNARDINO AND THE DEVELOPER OF THE INLAND CENTER MALL,
4 LOCATED AT 500 SOUTH INLAND CENTER DRIVE.
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6 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
7 Common Council of the City of San Bernardino at a meeting thereof,held
8 on the day of , 2011, by the following vote, to wit:
9 Council Members: AYES NAYS ABSTAIN ABSENT
MARQUEZ
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VACANT
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BRINKER c
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SHORETT °
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KELLEY c
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JOHNSON o
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16 MC CAMMACK M
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18 Rachel Clark, City Clerk N
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The foregoing resolution is hereby approved this day of 92011.
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Patrick J. Morris, Mayor a
22 City of San Bernardino
Approved as to form:
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25 JAMES F. PENMAN,
City Attorney
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27 By:
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