HomeMy WebLinkAbout01- Tricity Corporate GRESHAM, VARNER, SAVAGE, NOLAN & TILDEN
LAW OFFICES
ALLEN B•GRESHAM CRAIG O.DOBLER 600 NORTH ARROWHEAD AVENUE,SUITE 300 WILLIAM GUTHRIE(1886.1947)
BRUCE D.VARNER DARYL H.CARLSON
PHILIP M.SAVAGE,III RICHARD D.MARCA SAN BERNARDINO, CALIFORNIA 92401 DONALD W.JORDAN(1907.1989)
JOHN C.NOLAN PATRICK G.MITCHELL JOHN B.LONERGAN(RETIRED 1978)
M.WILLIAM TILDEN MICHAEL G.WOLF (909)884-2171 (909) 824-9(3U
JAMES E.GOOD JAY C.EGENES TELECOPIER RIVERSIDE OFFICE
MARK A.OSTOICH PENELOPE ALEXANDER (909) 686-2120 3737 MAIN STREET,SUITE 800
THOMAS N.JACOBSON TARA REILLY WIRTZ
STEPHAN G.SALESON JAMES H.BAXTER RIVERSIDE,CALIFORNIA 92501
ROBERT W.ROBIN BRAMLETT RCOCHRAN B ENDAN W BRANDT June 25, 1993 TELEPHONE(909)274-7777
FRANK J.DELANY RONALD D•GETCHEY VICTORVILLE OFFICE
DUKE D.ROUSE SAUL JAFFE 14011 PARK AVENUE,SUITE 140
JOHN B.McCAULEY DAVID P.RUTH
ERNEST E.RIFFENBURGH ELIZABETH A.BIANCO VICTORVILLE,CALIFORNIA 92392
MICHAEL DUANE DAVIS D.ANTHONY RODRIGUEZ TELEPHONE(619)243-2889
BART W.BRIZZEE
HAND DELIVERED
Mr. James F. Penman
City Attorney
City of San Bernardino
300 North "D" Street
San Bernardino, California 92418
Re: Special Meeting of the Mayor and Common Council of the City of San
Bernardino, Monday, June 28, 1993 - 9:00 a.m. - Council Chambers
Dear Jim:
The Special Meeting of the Mayor and Common Council of the City of San Bernardino
set for Monday, June 28, 1993 at 9:00 a.m. in Council Chambers is invalid due to the City's
failure to comply with California Government Code Section 54956 which requires the City to
post public notice at least 24 hours prior to the meeting in a location that is freely accessible to
the members of the public. No posting was made with respect to Monday's meeting. Moreover,
the City's failure to post public notice constitutes a violation of Section 35 of the Charter of the
City of San Bernardino, which requires all meetings of the Common Council to be public.
Pursuant to California Government Code Sections 54960, 54960.1 and 54960.5, any
action taken at such a meeting is subject to mandamus proceedings by the Superior Court.
If you have any questions with respect to the foregoing, please contact me immediately.
Very truly yours,
Mark A. Ostoich
of GRESHAM, VARNER, SAVAGE,
NOLAN & TILDEN
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MEMORANDUM
To: Phil Arviso, Executive Assistant to the Council
(as instructed by Ralph Hernandez, Councilman)
cc: Redevelopment Committee
Valerie Pope-Ludlum, Chairwoman
Ralph Hernandez, Committee Member
Eddie Negrete, Committee Member
From: Vanir Development Company, Inc.
Date: June 24, 1993
Subject: Downtown Revitalization
Enclosed is a partial list of tenants that have relocated from Downtown San Bernardino through
aggressive solicitation by various Hospitality Lane developers.
The City of San Bernardino, through the redevelopment process, has made it possible for the Hospitality
Lane developers to provide substantial incentives and cheaper rates in order to get their projects leased
by passing these incentives directly to the tenants. Unfortunately, they have focused on marketing the
tenants from Downtown rather than bringing new companies and new businesses from outside the San
Bernardino area. Had these incentives been utilized strictly for new companies and businesses outside
San Bernardino,both Hospitality Lane and Downtown would be very healthy business-wise. The
redevelopment process has had a substantial adverse effect on the Downtown and, specifically, the
Vanir Tower.
For example, over the past several years, each tenant in the Vanir Tower which we brought to San
Bernardino through our own marketing efforts was aggressively solicited by Hospitality Lane
developers upon lease renewal and offered from six months to one year free rent, moving expenses,
tenant improvements and other incentives to move to the Hospitality Lane area. These tenants who
have moved from Downtown to Hospitality Lane total in excess of 500,000 square feet, or
approximately four buildings the size of the Vanir Tower. Since the developers eventually raise the
a 0
Phil Arviso, Executive Assistant to the Council
June 24, 1993
Page 2
rates back to market rates, the tenants do not gain any long-term financial benefits. It is beyond reason
that the Mayor and the Council continually complain about the failure of the Downtown when, in fact,
the process which they are in charge of is the major cause of the problem.
Downtown San Bernardino and its business have been substantially damaged by this effort. In order to
reverse this process, the City of San Bernardino needs to make a major commitment to Existing
Downtown Businesses.
PARTIAL LIST OF TENANT RELOCATIONS
FROM DOWNTOWN SAN BERNARDINO
TO HOSPITALITY LANE AREA
AETNA FORD MOTOR CREDIT CORP.
303 E. Vanderbilt Way 1911 S. Commercenter East
ARIAS, MACLACHLTN, BURFORD GENERAL MOTORS ACCEPTANCE CORP.
ATTORNEYS AT LAW 268 W. Hospitality Lane
560 E. Hospitality Lane
JUDICIAL ARBITRATION& MEDIATION
ATKINSON, ANDERSON, 650 E. Hospitality Lane
LOYA, RUUD & ROMO
348 Hospitality Lane KELLOGG & MORELAND
1881 Business Center Drive
BARBIZON SCHOOL OF MODELING
636 Brice Drive KELLY SERVICES, INC.
1950 Sunwest Lane
CALIFORNIA TEACHERS ASSOCIATION
1906 S. Commercenter E. LEMAIRE & FAUNCE, PROFESSIONAL CORP.
CHICAGO TITLE INSURANCE AND TRUST 242 E. Airport Drive
625 Carnegie Drive MERRILL LYNCH
BRIAN W. COLLINS, ATTORNEY AT LAW 301 Vanderbilt Way
1845 S. Business Center Drive METROPOLITAN LIFE INSURANCE
621 Carnegie Drive
CONNECTICUT GENERAL LIFE INSURANCE
225 W. Hospitality Lane TIMOTHY PAUL MILLER& ASSOCIATES
1881 S. Commercenter East
CONTINENTAL LAWYERS TITLE
INSURANCE CO. MUTUAL OF OMAHA
1845 Business Center Drive 1845 S. Business Center Drive
DISTRICT ATTORNEY NATIONAL EDUCATION CENTER
CHILD SUPPORT DIVISION 825 E. Hospitality Lane
1950 Sunwest Lane
NEW YORK LIFE
LAW FIRM OF EGGER& HALLETT 560 E. Hospitality Lane
222 W. Hospitality Lane
OCCIDENTAL MORTGAGE
ELLIS & ASSOCIATES 268 W. Hospitality Lane
225 W. Hospitality Lane
PATTERSON RITNER LOCKWOOD ZANGHI
FIREMANS FUND & GARTNER, ATTORNEYS AT LAW
301 Vanderbilt Way 325 W. Hospitality Lane
PRUDENTIAL
225 W. Hospitality Lane
DONALD PERRY RHODES,
ATTORNEY AT LAW
16.3 W. Hospitality Lane
SAM BERNARDINO COUNTY
HALL OF RECORDS
222 W. Hospitality Lane
STANFIELD & WARNER
412 W. Hospitality Lane
STATE FUND
375 W. Hospitality Lane
ROBERT WHEELAND, ATTORNEY
348 W. Hospitality Lane
1 RESOLUTION NO. 94-154
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
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500-z4000'
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1 RESOLUTION ADOPTING NEGATIVE DECLARATION AND AUTHORIZING EXECUTION
OF DCA NO. 92-01 (TRICITY CORPORATE CENTRE PROJECT)
2 D. WHEREAS, an Initial Study was prepared for the 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,
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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
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3
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
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t
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.
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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 regular meeting therefore held on the
7 24th day of May 1993 , by the following vote to
8 wit:
9 Council Members AYES NAYS ABSTAIN ABSENT
10 ESTRADA x
11 REILLY x
12 HERNANDEZ x
13 MAUDSLEY _x
14 MINOR _x
15 POPE-LUDLAM x
16 MILLER x
17
18 City -Clerk
The foregoing resolution is hereby approved this ,4'
19 day of May 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
25 By:
26
27
28
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
M,1Y I u 1393
C,Tv OF !7MN 9!:9r:A P^1rao
5f-93\T:\City.Dev\ERW\ar
e
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
5-6-93\T:\City.Dev\ERW\ar i
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
5-6-93\T:\Gty.Dev\ERW\ar II
1
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.
5.6-93\T:\Qty.Uev\ERW\ar 3
' sl�
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 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 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
5-693\T:\City.Dev\ERW\ar 4
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 parry 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
5-6-93\T:\C1ty.Dev\ERW\ar 5
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
5.6-93\T:\City.Dev\ERMar 6
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 Proiect. 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
5-6-93\T:\City.Dev\ERW\ar 7
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 Plannina 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.
5.6-93\T:\C1ty.Dev\ERMar 8
0
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.
5.6-93\T:\C1ty.Dev\ERW\ar 9
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.
5-6-93\T:\City.Dev\ERW\ar 10
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 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 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.
I
5.6.93\T:\City.Dev\ERMar 11
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 Lecaal Action.
Any action by either parry 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
parry's right to demand strict compliance by such other party in the future.
12
i-&93\T:\City.Dev\ERMar
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
5.6 93\T:\City.Dev\ERW\ar 13
0
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 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:
5-6-93\T:\Qty.Dev\ERw\ar 14
(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 Headings. 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:\City.Dev\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.
56.93\T:\C4.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:
Attorney
I 5.6-93\T:\City.Dev\ERMar 17
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
5-6-93\T:\City.Dev\ERW\ar 18
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
5-6-93\T:\City.Dev\ERMar 19
4
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:\City.Dev\ERW\ar A-1-1
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 R.
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EXHIBIT "A-2"
LEGAL DESCRIPTION OF LANDFILL
5-6-93\T:\City.Dev\ERW\ar A-2-1
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° 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 120 31 ' 58" , from which the radius of
said curve bears North 220 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 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.
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EXHIBIT "B"
LAND USE PLAN AND DESIGN GUIDELINES FOR
DEVELOPMENT OF THE PROPERTY
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5-6-93\T:\City.Dev\ERMar B-1
EXHIBIT "C"
MITIGATION MONITORING AND REPORTING PROGRAM
5-6-93\T:\City.Dev\EFW\ar C-1
EXHIBIT 1
' E
CITY OF SAN BERNARDINO PLANNING
AND BUILDING SERVICES DEPARTMENT AGENDA ITEM #5
SUMMARY HEARING DATE April 20 , 1993
WARDS 1 and 3
Development Code Amendment APPLICANT: MacDonald Properties , Inc
W No . 92-1,3 , Conditional Use 20301 S .W. Birch , Ste . 10
Santa Ana Heights , CA..9270
N Permit No . 92-33 and Develop-
ment 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-
F„ 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
C3 site proposed to exceed 4 stories in height . The applicant also
W requests approval of a Development Agreement which would
It establish the terms for future development on the site and pro-
vide the developer with a vested right to develop using the
W TriCity Corporate Centre Land Use Plan and Design Guidelines .
cc
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 land , Com . retail CR-3 Comm.Regional-TriCity/Club
an single family uses
West mmf r tai /, secs anta C - , C ,m i n l-T i i C1 b
and S . B . Muni . Gol ion
GEOLOGIC/SEISMIC ❑ YES FLOOD HAZARD ❑ YES ❑ ZONE A SEWERS: 2� YES
HAZARD ZONE: El NO ZONE: C7 NO E] ZONE B ❑ NO
HIGH FIRE ❑ YES AIRPORT NOISE/ ❑ YES =REDEVELOPMENT ❑x YES
HAZARD ZONE: NO CRASH ZONE: AREA:
[� NO y ❑ NO
Q ❑ NOT POTENTIAL SIGNIFICANT Z [ APPROVAL
APPLICABLE EFFECTS WITH O
F.. MITIGATING MEASURES E.:.
W Cl) NO E.I.R. Q CONDITIONS
M Z ❑ EXEMPT ❑ E.I.R. REQUIRED BUT NO W LL 0
Z ❑ DENIAL
Z C SIGNIFICANT EFFECTS Q W
M Z WITH MITIGATING h- O
M CONTINUANCE TO
� MEASURES Cl)N
Z ❑ NO SIGNIFICANT ❑ SIGNIFICANT EFFECTS U
W EFFECTS SEE ATTACHED E.R.C. W
MINUTES
G�OF SM! ffRN�H01i0
PI AAI_O M Pnr_c I nc. e nn
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.
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) .
j
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.
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
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.
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 1987) . 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 .
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.
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.
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 submitted,
'z-c
Al Boughey, AICP, Director,
Planning and Building Services
Deborah Woldruff �
�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)
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
i
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 NIA.
Parking & * * N/A
Loading
Landscaping Gtr/15% 15% 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
ATTACHMENT"C"
TRICITY PROJECT
AGENDA ITEM: 5
HEARING 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.
8 . 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.
10. 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
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.
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 II-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.
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1
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:
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2
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.
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LAND USE PLAN
and
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BOOK
�11III TRI CITY
CORPORATE CENTRE
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Hotels, restaurants, support commercial, transportation,
recreational and retail facilities are also planned as an integral
part of Tri-City Corporate Centre. Their integration will be
reflected in the Centre ' s internal circulation system, parking
layout and landscape treatments.
The developer acknowledges the potential need for Right-of-Way to
be dedicated to the City, for the proposed North/South Corridor.
This new roadway, a part of the City General Plan Circulation Plan,
if required, would run from Tri-City Corporate Centre north across
the Santa Ana River towards Mill Street. Any development of the
required Right-of-Way will be delayed until such time the need for
the roadway can be determined.
The location of Tri-City Corporate Centre relative to Norton Air
Force Base has been studied. The figures on lA and 1B, show that
the buildings heights and types will not affect or be affected by
the airport approach/departure configurations.
4
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RANCON FINANCIAL CORP.
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VI. DESIGN STANDARDS
The purpose and intent of the Design Standards for the Tri-City
Corporate Centre is to insure that high quality development will
occur within the project. These design standards establish
specific criteria for site planning, environmental control,
parking, signing and lighting. All Development Standards described
in the City' s Development Code and those established within this
document shall be complied with. In the case of conf lict, this
document shall prevail.
A. BUILDING HEIGHTS
A variety of building heights are proposed for buildings throughout
the project ranging from single story restaurants and retail
structures to 2 and 3 story garden office complexes to multi-story
office towers ranging as high as 20 stories. The Masterplan
(through Conditional Use Permit #92-33) provides for the following
buildings over 4 stories:
4 - 6 story buildings
1 - 8 story building
1 - 10 story building
2 - 20 story buildings
B. BUILDING SETBACKS
All building, parking and paving setbacks shall be consistent with
all applicable City of San Bernardino standards are requirements,
except where modified by these standards.
A variety of building setbacks will occur throughout the different
planning areas. The minimum building setback have been identified
in Table 4 . No
C. FLOOD CONTROL
The project is located within Zone 'B' on the Federal m
Rate Maps. All building al Insurance
g pads must be raised above the surrounding
area as required and approved by the City Engineer and San
Bernardino County Flood Control District. No
D. LOT COVERAGE
Maximum building coverage for all uses
Corporate Centre is subject to applicable a Ci ty of San the
Bernardino
Development Code provisions.
20