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RESOLUTION NO. 2017-163
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, APPROVING AN AMENDMENT TO THE
THEATER SQUARE STRATEGIC PLAN LOCATED AT THE NORTHWEST
CORNER OF E STREET AND FOURTH STREET
WHEREAS, on November 2, 2015, the Mayor and City Council adopted Resolution
No. 2015-244 approving an Exclusive Negotiating Agreement (ENA) with AECOM/Fransen
with the intent to redevelop the Carousel Mall and Theater Square sites; and
WHEREAS, on August 15, 2016, the Mayor and City Council adopted Resolution
No. 2016-174 approving the first amendment to the ENA extending the negotiating term until
May 2, 2017, and approving a Development Services Agreement (DSA) for Theater Square;
and
WHEREAS, on February 8, 2017, the Mayor and City Council adopted Resolution
No. 2017-14 approving the Theater Square Strategic Plan allowing up to 25,000 square feet of
new restaurant and retail space adjacent to the Regal Cinemas; and
WHEREAS, the additional commercial square footage allowed under the Amended
Strategic Plan will improve the efficiency of the Theater Square site and help to bring
commercial activity to the 5a` Street corridor.
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The Mayor and City Council hereby approve an Amendment to the
Theater Square Strategic Plan and Design Guidelines to increase the maximum amount of new
restaurant and retail space to 33,000 square feet on the approximately 5.5 acres of land located
at the northwest corner of E Street and Fourth Street, subject to further review of the
Development and Environmental Review Committee.
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SECTION 2. Approval of the Theater Square Strategic Plan is covered by the
Program Environmental Impact Report (EIR) for the San Bernardino Merged Area A (State
Clearinghouse No. 2009111089) certified December 20, 2010.
SECTION 3. If any section, subsection, subdivision, sentence, or clause or phrase in
this Resolution or any part thereof is for any reason held to be unconstitutional, invalid or
ineffective by any court of competent jurisdiction, such decision shall not affect the validity or
effectiveness of the remaining portions of this Resolution or any part thereof. The Mayor and
City Council hereby declares that it would have adopted each section irrespective of the fact
that any one or more subsections, subdivisions, sentences, clauses, or phrases be declared
unconstitutional, invalid, or ineffective.
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RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, APPROVING AN AMENDMENT TO THE
THEATER SQUARE STRATEGIC PLAN LOCATED AT THE NORTHWEST
CORNER OF E STREET AND FOURTH STREET
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
and City Council of the City of San Bernardino at a Joint Regular Meeting thereof, held on the
16th day of August 2017, by the following vote, to wit:
Council Members:
MARQUEZ
BARRIOS
VALDIVIA
SHORETT
NICKEL
RICHARD
MULVIHILL
AYES NAYS
x
x
xs
XM
x
x
ABSTAIN ABSENT
Georgea Hanna, C , City Clerk
The foregoing Resolution is hereby approved this 16th day of Au ust 2017
R. Carey Dis, Mayor
City of S is,
Approved as to form:
Gary D. Saenz, City Attorney
By. -_
If—
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