HomeMy WebLinkAboutR35-Economic Development Agency
ECONOMIC DEVELOPMENT AGENCY
OF THE CITY OF SAN BERNARDINO
ORIGINAL
FROM: Maggie Pacheco
Interim Executive Director
SUBJECT: Downtown Mixed Use Project Concept Plan
and Redevelopment Project Study and
Executive Right to Negotiate Agreement with
Watson and Associates Development Co., Inc.
(Central City North Redevelopment Project
Area)
DATE: November 2, 2005
Svnopsis of Previous Commission/Council/Committee Action(s):
On September 20, 2005, Redevelopment Committee Members Estrada and Longville unanimously voted to recommend that
the Community Development Commission consider this action for approval.
Recommended Motion(s):
(Communitv Development Commission)
Resolution of the Community Development Commission of the City of San Bernardino (1) Approving the
Downtown Mixed Use Project Concept Plan and adoption of a Mitigated Negative Declaration in accordance with
the California Environmental Quality Act (CEQA) and (2) Approving and authorizing the Interim Executive
Director of the Redevelopment Agency of the City of San Bernardino ("Agency") to execute a Redevelopment
Project Study and Exclusive Right to Negotiate Agreement ("Agreement") by and between the Agency and
Watson and Associates Development Co., Inc. ("Watson") (Central City North Redevelopment Project Area -
Downtown Mixed Use Concept Plan)
Contact Person(s):
Project Area(s):
Maggie Pacheco
Central City North
Phone:
(909) 663-1044
Ward(s):
1st
Supporting Data Attached: 0 Staff Report 0 Resolution(s) 0 Agreement(s)/Contract(s) 0 Map(s) 0 Letters
See fiscal
FUNDING REQUIREMENTS: Amount: $ impact Source: Low/Moderate Income Housing Funds
SIGNATURE:
Budget Authority:
~2~,
2005/2006 EDA Budget
&G t /";A
CUe O-..-Z (I ""--, 7 ~ y-' 7
Barbara Lindseth, Director Admin. Services
Commission/Council Notes:
I
(I Dfl-/ ~ OC~- ~ 3'1
I ~
P:\Agendas\Comm Dev Conunission\CDC 2005\05-11-07 Watson & Associates Downtown ERN SRl.doc
COMMISSION MEETING AGENDA
Meeting Date: 11/07/2005
Agenda Item Number: t.JS--
ECONOMIC DEVELOPMENT AGENCY
STAFF REPORT
DOWNTOWN MIXED USE CONCEPT PLAN AND REDEVELOPMENT PROJECT STUDY
AND EXCLUSIVE RIGHT TO NEGOTIATE AGREEMENT WITH WATSON AND
ASSOCIATES DEVELOPMENT CO., INC.
(CENTRAL CITY NORTH REDEVELOPMENT PROJECT AREA)
BACKGROUND/CURRENT ISSUE:
The Central City North Redevelopment Project Area ("Project Area") and Central City North
Redevelopment Project Area Plan ("Plan") were adopted on August 6, 1973, and the Project Area
encompasses approximately 278 acres in the downtown area (see attached Project Area map). At its
adoption, the purpose of the Plan was to eliminate and prevent the spread of blight and deterioration in the
Project Area, including, but not limited to, underutilized properties and deteriorating buildings,
incompatible and uneconomic land uses, deficient infrastructure and facilities, obsolete structures, and in
the process, provide opportunities for retail, other residential and office uses, promoting the economic
development of the Project Area by providing an attractive, well-serviced commercial and retail
developments, well-protected environment for residents and visitors; removing of impediments to land
disposition and development through the assembly of property into reasonably sized and shaped parcels
served by improved infrastructure and public facilities. One of the tools that could be used to accomplish
the purpose of the Plan was the power of eminent domain. However, in January of 1999, the Agency's
power of eminent domain within the Project Area expired as provided in the Plan, which the Agency could
use to eradicate conditions of blight and encourage reinvestment within the Project Area.
On August 16, 2004, the Mayor and Common Council ("Council") and the Community Development
Commission ("Commission") adopted a resolution making certain findings regarding conditions of blight
in the Project Area, approved the Section 33352 Report to the Council setting forth the conditions of blight,
the 2004 Amended and Restated Redevelopment Plan for the Project Area ("Restated Plan") and reinstated
the use of eminent domain for all properties located within the Project Area. The Restated Plan authorizes
the Agency to eliminate and prevent the recurrence of blight and to improve the economic base of the
Project Area by acquiring real property by purchase, lease, gift, grant, request, devise, or any other lawful
means, including the use of eminent domain, after the appropriate hearings.
Then, in an effort to implement the Restated Plan for the Project Area, commencing in September, 2004,
the Staff of the Agency, Police and Code Enforcement Staff, and the Commission began the process of
identifying a certain geographic area within the Project Area which displayed a high level of physical and
social blight and to commence the effort of blight eradication, land assembly, and to explore the potential
redevelopment of the area. This specific area, identified as a result of this process, is generally bounded by
4th Street on the south, "F" Street on the east, north side of 5th Street on the north and 1-215 Freeway on the
west (the "Study Area"- see attached Map). The Study Area encompasses 18 specific properties (28
parcels) that are vacant, deteriorated, and/or underutilized and are in close proximity to a newly developed
senior citizen's community ("TELACU II - Monte Vista").
Consequently, on February 7, 2005, and again on April 4, 2005, the Commission authorized Staff to
appraise the Study Area properties and to send Owner Participation Rights Notices ("OPR Notices") to
P:\Agendas\Comm Dev Conunission\CDC 2005\05-11-07 Watson & Associates Downtown ERN SR2_doc
COMMISSION MEETING AGENDA
Meeting Date: 11/07/2005
Agenda Item Number: f 3 S~
Economic Development Agency Staff Report
Watson ERN - Downtown Mixed Use Housing Project
Page 2
specific property owners within the Study Area. The purpose of sending the OPR Notices was to
determine the level of interest that the property owners had in participating with the Agency in
redeveloping the Study Area. Some of the property owners within the Study Area responded that they
were interested in selling their property to the Agency. Therefore, the Commission authorized making
offers and entering into negotiations to acquire thirteen (13) parcels within the Study Area. To date, Staff
has successfully negotiated the acquisition of six (6) parcels from three (3) different property owners,
which are presently in escrow with a closing date of approximately 30-45 days.
However, in response to the recommendation of the City Attorney that a plan for the target parcels would
be essential if the Agency found the need to use its powers of condemnation, Agency Staff and Watson &
Associates Development Co, Inc., representatives had discussions regarding the Agency's vision for
eliminating blight in the downtown area and collectively came up with a development plan ("Project
Concept Plan") for the Study Area.
The Project Concept Plan involves the block bounded by, but excluding the new TELACU II - Monte
Vista Senior Housing Complex, 5th Street to the north, "G" Street on the east, "H" Street on the west and
4th Street on the south, including five (5) parcels at the northeast comer of 5th and "G" Streets and six (6)
parcels at the southeast comer of 5th and "G" Streets. The land use designation for the Project Concept
Plan area is CR-2, which allows a maximum density of 47 residential units per gross acre or approximately
419 residential units. The Project Concept Plan proposes between 120-200 owner occupied mixed use
housing units (commercial on the ground floor, residential on upper floor(s)) for properties with frontage
on 5th and 4th Streets with townhouses located immediately south of the mixed use development on the
south side of 5th Street and on the west side of "G" Street along with complimentary parking and amenities.
The Project Concept Plan uses the TELACU II - Monte Vista complex as a springboard, and is intended to
compliment the senior housing complex. Furthermore, it will provide a safer and more attractive living
environment, accessibility to goods and services, and the provision of higher quality ofliving opportunities
in the Project Area.
Hence, in an effort to eliminate conditions of blight and encourage redevelopment of the Study Area within
the Project Area, it is recommended that the Agency enter into a Redevelopment Project Study and
Exclusive Right to Negotiate Agreement ("Agreement") with Watson & Associates Development Co, Inc.
("Developer") to study and determine the feasibility of developing the Study Area. The Project Concept
Plan is predicated on the commitment of the substantial financial resources and involves extensive real
estate negotiations for land assembly, which could result in the use of eminent domain by the Agency.
Consequently, because the assemblage process may be somewhat protracted, the proposed Agreement
contemplates a study and feasibility period of 24 months from the ready date ("Ready Date"). The Ready
Date is a time in the future in which the Agency is expected to be in control of sufficient properties within
the Study Area in order to accommodate the Project Concept Plan.
If the Agency is unable to provide the land necessary for the Project Concept Plan within 24 months after
the Effective Date of the Agreement, either the Agency or the Developer may terminate the Agreement
after thirty (30) day written notice to the other party. If acquisition negotiations are successfully concluded
and project feasibility is determined, the Agency will enter into negotiations with the Developer for a
disposition of the assembled land and the development of the Study Area, via a Disposition and
Development Agreement ("DDA"). The Agreement will also include provisions to amend the Agreement
P:\Agendas\Comm Dev Commission\CDC 2005\05-11-07 Watson & Associates Downtown ERN SR2.doc
COMMISSION MEETING AGENDA
Meeting Date: 11/07/2005
Agenda Item Number: J(J 'j-
Economic Development Agency Staff Report
Watson ERN - Downtown Mixed Use Housing Project
Page 3
during the study period to additionally study other areas outside of the Study Area, subject to Commission
approval.
ENVIRONMENTAL IMPACT:
On September 7, 2004, the Agency amended the Redevelopment Plan. for the Central City North
Redevelopment Project Area, which includes the Study Area. At that time, the Agency considered and
certified an Environmental Impact Report (SCH#2003031072) in accordance with the California
Environmental Quality Act ("CEQA"). The acquisitions contemplated within the Study Area are
consistent with and implements the provisions of the Central City North Redevelopment Project Area. In
addition, the attached Initial Study ("IS") was prepared for the Project Concept Plan by Agency Consultant
Terra Nova Research and Planning, Inc. ("Consultant") to determine the potential impacts related to the
Project Concept Plan.
The IS examined the effects of the Agency acquiring a total of 28 parcels which are located east of "H"
Street, south of Spruce Street, north of 4th Street and west of "F" Street. The majority of parcels are
developed, although, some of these developed parcels are presently abandoned or unoccupied. The
Agency is in the process of acquiring some parcels from willing sellers as they have become available.
However, the Agency anticipates having to exercise its powers of eminent domain to secure some
properties within the Study Area. The IS further examined the effects of the proposed Project Concept
Plan. Based on the IS it has been determined that the Project Concept Plan could potentially have 2
environmental impacts: "Air Quality" and "Hazard and Hazardous Materials".
Air Qualitv: potential environmental impacts come from "Fugitive Dust" during grading operations for
the Study Area. The City, and the Study Area, can be subjected to significant winds, which can transport
dust, and particulate matter of 10 microns or less ("PM 1 0"). PMIO is a criteria pollutant with known
health impacts. The Initial Study determined that development of the Study Area will exceed the South
Coast Air Quality Management District ("SCAQMD") threshold for dust generation. Although these
impacts will be of short duration (only during the grading of the Study Area), a number of mitigation
methods are available. Mitigation measure to assure that these impacts are reduced to less than significant
levels are found on page IS 11 ofthe Initial Study.
Hazard & Hazardous Materials: potential environmental impacts come from the demolition of buildings
many of which were constructed prior to the 1970's. Therefore, it is likely that both asbestos and lead-
based paint have been used in the buildings. The IS determined that with the use of mitigation measures
this impact would be reduced to less than significant. Those mitigated measures for Hazard and Hazardous
Materials are found on page IS 17 of the Initial Study.
Hence, although the proposed Project Concept Plan could have a significant effect on the environment,
there will not be a significant effect in this case because of the incorporation of the mitigation measures.
Therefore, a Mitigated Negative Declaration has been prepared and a Notice of Determination will be filed
with the County Clerk.
P:\Agendas\Comm Dev Commission\CDC 2005\05-1 ] -07 Watson & Associates Downtown ERN SR2.doc
COMMISSION MEETING AGENDA
Meeting Date: 11/07/2005
Agenda Item Number: f...3J
Economic Development Agency Staff Report
Watson ERN - Downtown Mixed Use Housing Project
Page 4
A Notice ofIntent to Adopt a Mitigated Negative Declaration was published in the San Bernardino County
Sun and sent to public agencies. The public review period for the Notice of Intent was October 18, 2005
through November 6, 2005.
FISCAL IMPACT:
As per Commission approval, the Agency is responsible for assembling all parcels in the Study Area, and
to bear all acquisition costs associated with the Study Area, and the relocation of any residents and the
demolition of all structures. The estimated total cost is $23 million.
The current assessed value of the twenty-eight (28) parcels required for the Project Concept Plan is
approximately $4,451,830. If any of the properties in the Study Area must be acquired by condemnation,
the Agency will incur legal costs, which said amount is unknown at this time.
RECOMMENDATION:
That the Community Development Commission adopt the attached Resolution.
1l1~
Maggie Pacheco, Interim Executive Director
P:\Agendas\Comm Dev Commission\CDC 2005\05.11-07 Watson & Associates Downtown ERN SR2.doc
COMMISSION MEETING AGENDA
Meeting Date: 11/07/2005
;J '1 (-
Agenda Item Number: .L.lJ.1..2-
RESOLUTION NO.
~~~y
2
3
RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE
CITY OF SAN BERNARDINO (1) APPROVING THE DOWNTOWN MIXED USE
PROJECT CONCEPT PLAN AND ADOPTION OF A NEGATIVE
DECLARATION IN ACCORDANCE WITH THE CALIFORNIA
ENVIRONMENT AL QUALITY ACT ("CEQA") AND (2) APPROVING AND
AUTHORIZING THE INTERIM EXECUTIVE DIRECTOR OF THE
REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO
("AGENCY") TO EXECUTE A REDEVELOPMENT PROJECT STUDY AND
EXCLUSIVE RIGHT TO NEGOTIATE AGREEMENT ("AGREEMENT") BY
AND BETWEEN THE AGENCY AND WATSON AND ASSOCIATES
DEVELOPMENT COMPANY, INC. ("WATSON") (CENTRAL CITY NORTH
REDEVELOPMENT PROJECT AREA - DOWNTOWN MIXED USE CONCEPT
PLAN)
4
5
6
7
8
9
10
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WHEREAS, the Community Development Commission of the City of San Bernardino
12
(the "Commission") is the governing board of the Redevelopment Agency of the City of San
13
Bernardino (the "Agency"), a public body corporate and politic, organized and existing pursuant
14
to the Community Redevelopment Law (California Health and Safety Code Section 33000, et
15
~.); and
16
WHEREAS, the Agency is acquiring certain land identified as APN: 0134-054-24; 0134-093-
05, 06, 19, 20 and 43 (the "Agency Property") within the Central City North Redevelopment Project
17
18
Area (the "Project Area"); and
19
WHEREAS, the Agency is prepared to enter into a certain agreement with Watson to facilitate
20 the assembly of private property and Agency Property and to study the feasibility for the
21
redevelopment of certain land ("Project Concept Plan") so as to foster the economic development goals
22
and objectives of both the City of San Bernardino (the "City") and the Agency as it relates to the
redevelopment plan for the Project Area and the Agency has designated for such study purposes, the
23
24
land generally bounded by "H" Street to the west, south of Spruce Street to the north, "F' Street to the
east and 4th Street to the south including five (5) parcels at the northeast comer of 5th and "G" Street and
25
-1-
r:\AltndaJ\Rnolllliow\Rtsollllions\lOO5\OS-11.07 Walson" Anodal', Reso.doc
six (6) parcels at the southeast comer of 5th and "G" Street as the study area (the "Study Area") for such
2 study; and
3 WHEREAS, the Agency intends to initiate certain additional studies and proposals to address a
4 number of issues of commwlity concern in the Study Area relating to elimination and prevention of the
5 spread of blight from the Study Area; and
6 WHEREAS, Watson is qualified to assist the Agency to undertake the study of specific
7 proposals and plans for a coordinated and economically sustainable redevelopment project in the Study
8 Area, which will require specific study, evaluation, and planning by the City and Agency, as applicable,
9 of appropriate and feasible community redevelopment program alternatives; and
10 WHEREAS, an Initial Study ("IS") was prepared pursuant to the Califomia Environmental
II Quality Act (Public Resources Code Section 2 I 000 ~ ~., "CEQA") concluded that the implementation
12 of the Project Concept Plan with mitigation measures would not result in significant adverse
13 environmental impacts, and that accordingly, a Mitigated Negative Declaration ("Mitigated NID")
14 would be prepared for the Project Concept Plan; and
15 WHEREAS, the text of the Mitigated NID for the Project Concept Plan was made available to
16 the public, responsible agencies, and other interested persons, for their review and comment between
17 October 18, 2005 through November 6, 2005, as required by CEQA; and
18 WHEREAS, the Commission has fully reviewed and considered the Mitigated NID, as it relates
19 to the Project Concept Plan and has authorized the filing of the Notice ofDetennination with the County
20 Clerk.
21 NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION OF THE
22 CITY OF SAN BERNARDINO DOES HEREBY RESOLVE, DETERMINE AND ORDER. AS
23 FOLLOWS:
24 Section 1. That the Commission hereby authorizes and approves the Agreement by and
25 between the Agency and Watson in the fonn as presented at the meeting of the Commission at which
-2-
l:\AEflldas\Ruolulioas\Resollltions\ZOOS\OSol1.07 WallOD & Assodatcs Reso,doc
this Resolution is adopted and hereby authorizes the Interim Executive Director to execute the
2 Agreement on behalf of the Agency together with such technical and conforming changes as
3 recommended by the Interim Executive Director and approved by the Agency Counsel.
4 Section 2. That the facts and findings are approved and adopted; the Mitigated N/D
5 is hereby approved and the Interim Executive Director of the Agency is hereby directed to file a
6 Notice of Determination with the County of San Bernardino Clerk of the Board certifying the
7 Commission's compliance, as the responsible agency under CEQA in reviewing and approving
8 the Mitigated N/D for the Project Concept Plan.
The Resolution shall become effective immediately upon its adoption.
9 Section 3.
10 III
II I I I
II I
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I I I
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III
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III
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III
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I I I
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II I
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r:\ACeDd.s\ResQlulloAs\ResolutiODI\200S\05-II-01 W.tSOD &. AsIocbtel Re.o.doc
2
RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE
CITY OF SAN BERNARDINO (1) APPROVING THE DOWNTOWN MIXED USE
PROJECT CONCEPT PLAN AND ADOPTION OF A NEGATIVE
DECLARATION IN ACCORDANCE WITH THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT ("CEQA") AND (2) APPROVING AND
AUTHORIZING THE INTERIM EXECUTIVE DIRECTOR OF THE
REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO
("AGENCY") TO EXECUTE A REDEVELOPMENT PROJECT STUDY AND
EXCLUSIVE RIGHT TO NEGOTIATE AGREEMENT ("AGREEMENT") BY
AND BETWEEN THE AGENCY AND WATSON AND ASSOCIATES
DEVELOPMENT COMPANY, INC. ("WATSON") (CENTRAL CITY NORTH
REDEVELOPMENT PROJECT AREA - DOWNTOWN MIXED USE CONCEPT
PLAN)
3
4
5
6
7
8
9
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the
10
Community Development Commission of the City of San Bernardino at a
meeting
11 thereof, held on the day of
12 Commission Members: Ayes
13 ESTRADA
14 LONGVILLE
15 MCGINNIS
16 DERRY
17 KELLEY
JOHNSON
18
MC CAMMACK
19
, 2005, by the following vote to wit:
Abstain
Absent
Nays
20
Secretary
21 The foregoing resolution is hereby approved this
day of
,2005.
22
23
Judith Valles, Chairperson
Community Development Commission
of the City of San Bernardino
24
25
By:
-4-
P:\A&cnd,,\RelOlutiou\Re'oJutionr\2005\05-II-07 Watson & AnodaltS Ruo.doc
REDEVELOPMENT AGENCY
OF THE CITY OF SAN BER.~ARDINO
REDEVELOPMENT PROJECT STUDY AND
EXCLUSIVE RIGHT TO NEGOTIATE AGREEMENT
(WATSON & ASSOCIATES DEVELOPMENT CO., INC., - CENTRAL CITY NORTH
REDEVELOPMENT PROJECT AREA- DOWNTOWN MIXED USE HOUSING
PROJECT)
THIS REDEVELOPMENT PROJECT STUDY AND EXCLUSIVE RIGHT TO
NEGOTIA TE AGREEMENT is dated as of November 7, 2005 (this "Agreement"), and is
entered into by and between Watson & Associates Development Co., Inc., a California
corporation (the "Developer"), and the Redevelopment Agency of the City of San Bernardino, a
body corporate and politic (the "Agency"), in light of the facts set forth in the following recital
paragraphs:
RECITALS
A. The Agency desires to encourage and effectuate the redevelopment of certain real
property, located north of the Carousel Mall within the area commonly referred to as Downtown
San Bernardino and comprising approximately 9.5 acres, generally bounded by 4th Street to the
south, North "G" Street to the east, Spruce Street to the north, and "H" Street to the west and
further including the northeast and southeast comers at the intersection of "G" Street and 5th
Street (the "Site"), that is depicted on the "Study Area Map" attached hereto as Exhibit "A-I";
and
B. The Site lies within the Agency's Central City North Redevelopment Project Area
(the "Project Area"), and is subject to the Project Area's governing redevelopment plan (the
"Redevelopment Plan") and its Rules for Owner Participation; and
C. The Site consists of parcels of land improved with commercial structures, one (I)
multi-family residential structure, older commercial and retail structures some of which have
been abandoned and vacant parcels, older motels all of which are underutilized and contribute to
the blight that has existed within the Project Area and the Site since the date of adoption of the
Redevelopment Plan and continues to this date; and
D. The Agency has made offers to certain property owners and is in the process of
acquIrIng or has acquired certain parcels within the Site, as depicted in Exhibit "A- I"
(collectively, the Agency intended acquisitions and the actual ownerships of certain real
properties are defined herein as the "Agency Property"); and
E. The project concept plan (defined herein as the "Project Concept Plan") involves
the block bounded by, but excluding the new TELACU II - Monte Vista Senior Housing
Complex, 5th Street to the north, "G" Street on the east, "H" Street on the west and 4th Street on
P:\AgendaslAgenda AttachmentslAgnnts-Amend 2005\05-11-07 Watson Downtown ERN final (2).doc
the south, including the northside of 5th Street between "H" Street and "0" Street, five (5)
parcels at the northeast comer of 5th Street and "0" Street and six (6) parcels at the southeast
comer of 5th Street and "0" Street; the land use designation for the Project Concept Plan area is
CR-2 which allows a maximum density of 47 residential units per gross acre or approximately
419 residential units; the Project Concept Plan proposes between 120 to 200 owner occupied
mixed use housing units (commercial on the ground floor, residential on each upper floor or
upper floors) for properties with frontage on 5th Street and 4th Street with townhouses located
immediately south of the mixed use development on the south side of 5th Street and on the west
side of "0" Street along with complimentary parking and amenities. The Project Concept Plan
uses the TELACU II - Monte Vista complex as a springboard, and is intended to compliment
said senior housing complex; the Project Concept Plan will provide a safer and more attractive
living environment, accessibility to goods and services, and the provision of higher quality of
living opportunities in the area of the Project Concept Plan all as illustrated in the Project
Concept Plan as attached hereto as Exhibit "A-2" which also sets forth the Study Area, and to
negotiate with the Agency on its own behalf for those Agency Properties pursuant to the
potential terms of a to be proposed Disposition and Development Agreement (the "Project
DDA") and those other privately owned properties as may be acquired by the Developer
independently of the Project DDA (the "Private Property"); and
F. The Agency is entering into this Agreement to facilitate the assembly of the
Private Property with the Agency Property into developable parcels of land so as to foster the
community economic development goals and objectives of the Agency and the City of San
Bernardino (the "City"), including the elimination and the spreading of blight, as the same relates
to the Project Area, and the Agency has designated the area to be included for such study
purposes to be properties within the perimeters of the Site, as depicted in Exhibit "A-I" which
includes a copy of the Study Area for such study; and
O. The parties are of the understanding and belief that the Project Concept Plan, in
addition to the Redevelopment Plan, constitutes a "plan" for purposes of compliance with all
applicable federal law and the Community Redevelopment Law and further provides the Agency
with the legal rights and authorizations to acquire all or any of the Agency Property and the
Private Property in furtherance of the purposes of the Redevelopment Plan and this Agreement
subject to the provisions of subsection 6.d. of this Agreement, and the Agency has prepared and
circulated an Initial Study in accordance with the California Environmental Quality Act of 1970,
as amended ("CEQA"), and has made the necessary findings and determinations as required by
CEQA and has adopted a Mitigated Negative Declaration which shall be sufficient for the
undertaking of the Project Concept Plan on the Site through the implementation of the Project
Concept Plan as hereinafter provided; and
H. Based upon information furnished by the Developer to the Agency together with
further investigations conducted by the Agency, the Developer is qualified to assist the Agency
to undertake the study of specific proposals and plans for a coordinated and economically
sustainable redevelopment project in the Project Area, including the Study Area, which will
require further specific study, evaluation and planning by the City and Agency, as applicable, of
appropriate and feasible community redevelopment program alternatives; and
2
P:lAgendaslAgenda AttachmentslAgnnts-Amend 2005\05-11-07 Watson Downtown ERN final (2).doc
I. The Developer and the Agency believe it is appropriate for the Agency, in
consultation with the Developer, to review by Agency Staff those studies, reports and
investigations conducted by the Developer as the Project Concept Plan Study Costs as part of a
program for the study of feasible redevelopment programs for the Study Area, subject to the
terms and conditions as set forth below.
NOW THEREFORE, IN CONSIDERA nON OF THE MUTUAL COVENANTS AND
PROMISES SET FORTH HEREIN, THE DEVELOPER AND THE AGENCY HEREBY
AGREE, AS FOLLOWS:
I. The Ne2otiation Period and the Term of A2reement.
a. The rights and duties of the parties established by this Agreement shall commence
following the approval of this Agreement by the governing body of the Agency after such time
as this Agreement has been fully executed by the parties within the period of time authorized in
Section 17 (such date being the "Effective Date"). This Agreement will continue in effect until a
date which is twenty-four (24) months from the Effective Date unless such date shall have been
first extended as authorized under Section l.b.(2). Such time period during which this
Agreement shall be in effect (including any extensions of time approved by the Agency) is
referred to as the "Negotiation Period".
b. This Agreement shall automatically terminate, without further notice or action,
and be of no further force or effect twenty-four (24) months following the Effective Date, unless
prior to that time:
(1) the parties execute the Project DDA, as described below, which will include,
without limitation, other relevant community redevelopment covenants acceptable to the Agency
and such other terms and conditions mutually acceptable to the parties, in which case this
Agreement shall terminate on the effective date of the Project DDA; or,
(2) the parties each agree to extend the term of this Agreement in writing to a specific
date, subject to the Agency first making a finding in its reasonable discretion that satisfactory
progress is being made to complete the activities to be performed by the Developer as set forth in
Section 3 if so determined by the Agency Executive Director for one (I) additional extension
period not to exceed three hundred sixty (360) calendar days; or
(3) a party terminates this Agreement as provided under Section 2.c., Section 19 or
Section 20, as applicable.
2. Developer Acknowled2ments.
a. The Developer hereby acknowledges and agrees that no provlSlon of this
Agreement shall be deemed to be an offer by the Agency or an acceptance by the Agency of any
offer or proposal from the Developer to convey any interest in the Agency Property or the
Private Property to the Developer. Any studies relating to the Study Area, the Agency Property
or the Private Property, and the Project Concept Plan that may hereafter be undertaken by the
3
P:\AgendaslAgenda AttachmentslAgnnts-Amend 2005\05-11-07 Watson Downtown ERN tinal (2).doc
Developer, in its sole discretion shall be the sole responsibility of the Developer and shall not be
deemed to be undertaken for the benefit'ofthe Agency, or the City.
b. The qualifications and identity of the Developer and its principals are of particular
concern to the Agency. The Agency relied on these qualifications and identity in entering into
this Agreement with the Developer. During the term of this Agreement, no voluntary or
involuntary successor-in-interest of the Developer shall acquire any right or power under this
Agreement. The Developer shall not assign all or any part of this Agreement or any rights
hereunder, without the prior written approval of both the governing board of the Agency and the
Agency Interim Executive Director (for purposes hereof the term "Agency Interim Executive
Director" shall mean the "Agency Executive Director" or such other title for the person who is
then acting as the chief executive staff official of the Agency, or their duly delegated
representative), which approval shall be granted or denied at their sole discretion.
Notwithstanding the foregoing, the Developer shall have the right to assign this Agreement and
its rights hereunder upon notice to the Agency to an entity, which controls, is controlled by or is
under common control with the Developer, or its principals, members or affiliates for which the
Developer retains at least a fifty-one (51 %) controlling interest in such successor entity or
assIgnee.
c. The Developer shall promptly notify the Agency in writing of any and all changes
whatsoever in the identity of the business entities and individuals in control of the Developer, as
well as any and all material changes in the interest or the degree of control of the Developer by
any such party, of which information the Developer or any of its partners or officers have been
notified or may otherwise have knowledge or information. Upon the occurrence of any material
change in interest or control, whether voluntary or involuntary, in membership, ownership,
management or control of the Developer (other than such changes occasioned by the death or
incapacity of any individual) that has not been approved in the manner provided in subsection b.
above, prior to or subsequent to such change (after the Developer has received reasonable notice
and an opportunity to cure such change to the reasonable satisfaction of the Agency), the Agency
may terminate this Agreement by serving written notice of such termination, referencing this
Section, on the Developer.
3. Proiect Concept Plan Study.
a. At such time following the Effective Date when the Agency and/or the City shall
be in control of sufficient properties within the area included within the Project Concept Plan as
shall make reasonably practicable the analysis of the development of the Project Concept Plan
and the Agency has delivered notice of such effect to the Developer and Developer has
reasonably approved of such notice (the "Ready Date"), the Developer shall initiate the
preparation of a feasibility study for the redevelopment of the Project Concept Plan proposed by
the Developer (the "Project Concept Plan Study"). Within sixty (60) calendar days after the
Ready Date, the Developer shall retain the services of a firm, or firms, of community
redevelopment planning, engineers, architects, land use planners and environmental consultants
to produce all necessary reports, studies and environmental documentation and other
investigations, surveys and reports appropriate in connection with the Project Concept Plan
Study and the evaluation of the Project Concept Plan proposed by the Developer and for the
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processing of all entitlements required to be obtained from the City together with the required
environmental review and processing. All third party costs incurred by the Developer as part of
the preparation of the Project Concept Plan Study shall be paid solely by the Developer in
accordance with Section 4 of this Agreement.
The Developer shall cause to be completed an updated analysis of the Initial Study as
approved by the Agency for the Project Concept Plan, as evidenced by the completion of either
an acceptance of the Initial Study as approved by the Agency for the approval of this Agreement
and the Project Concept Plan or the preparation of a new initial study as this term is defined
under CEQA, to be completed for the Project Concept Plan within ninety (90) calendar days
following the Ready Date, or such longer time as may be reasonably required If the parties
mutually agree that the Initial Study is inadequate as of a later date to allow for the
implementation of the Project Concept Plan, the Developer shall have the obligation to undertake
all CEQA processing as may be deemed appropriate by the Agency and the City as of such later
date prior to the Developer implementing such Project Concept Plan. As used herein, the term
"best efforts basis" and "best efforts" whether applicable to the Developer or the Agency or any
other person or entity not a party to this Agreement, shall mean that such entity, person or party
shall perform the required action item in a timely and diligent manner and shall be responsible to
incur reasonable costs, unless otherwise limited in a particular instance, in an effort to
accomplish the intended result but without any guaranty or warranty as to the final outcome or
result of any such efforts. The Initial Study as prepared by the Developer shall be reviewed by
the Agency Staff to insure general conformity with this Agreement. Thereafter, provided the
Developer has completed the studies described in Section 3.e. (A) and (B) in sufficient detail to
be mutually acceptable to the Developer, the Agency and the City, the process shall commence
within thirty (30) calendar days thereafter if it is mutually determined that an amendment or
supplement to the CEQA process as previously completed by the Agency is then necessary to be
updated or revised by the Agency as referenced herein, then, without further action of either
party, the expiration date, termination date, timelines and other timeframes set forth in this
Agreement shall be tolled during and for the time required to complete said update or revision to
said prior CEQA determinations of the Agency. Subject to the privilege of the Developer to
suspend the Project Concept Plan Study prior to its completion as set forth in Section 19, each of
the parties presently believes that the Project Concept Plan Study can be completed, including
without limitation, the conduct of a public hearing on a final environmental initial study
document for the Project Concept Plan, within twenty-four (24) months following the Ready
Date.
b. The Developer may modify the description of the Project Concept Plan at any
time; provided however, that substantial modifications of the Project Concept Plan shall:
(i) be subject to the acceptance and approval of the Agency Executive
Director which approval shall not be unreasonably withheld, conditioned or
delayed;
(ii) depending on the nature of such a modification, a suitable
modification of the environmental and other elements of the Project Concept Plan
Study as modified may also be indicated.
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The Agency and or the Agency Executive Director may request that the Developer
consider modifications to the description of the Project Concept Plan from time-to-time. The
final form of each such modification shall be subject to the reasonable approval of the Agency
Executive Director and the Developer.
c. The Agency shall on a best efforts basis during the course of the Project Concept
Plan Study consider the specific terms and conditions of redevelopment assistance which the
Developer may propose to include in the Project DDA; provided, however, the Agency reserves
the sole and absolute discretion to accept, reject or modify any such proposed term or condition
to the Project DDA and to approve or reject the Project DDA in its sole and absolute discretion.
d. All third-party consultants, if any, retained by the Agency to review any study,
report or document prepared by or on behalf of the Developer as part of the Project Concept Plan
Study shall be subject to the sole control and direction of the Agency. The work product of any
such person shall be the property of the Agency and the Agency shall have the right to use and
republish such work product for any purpose subject to the reasonable consent of Developer.
e. Subject to the terms and conditions of this Agreement, the Developer shall
undertake an economic feasibility study of the Project Concept Plan as part of the Project
Concept Plan Study consisting of the elements as set forth below:
(A) preparation by the Developer in consultation with the Agency of a
financial feasibility study or other similar analysis for the development of the Project Concept
Plan on the Site, setting forth the plan for the acquisition of the Agency Property and the Private
Property and the phasing of the Project Concept Plan development, if any, and an estimate of
development costs, project income and a pro forma statement of Project Concept Plan capital
return including, without limitation, the following:
(I) final projections of Project Concept Plan income and operating expenses;
and
(2) final projections of debt and equity that will be required of the Developer
to undertake the Project Concept Plan including construction and
permanent financing of the private structures and infrastructure financing
for all publicly owned facilities; and
(3) final projections of Project Concept Plan cash flows; and
(4) final projections of public (City, State and Federal) financial assistance
anticipated for the Project Concept Plan including source, dollar amount,
timing of the necessity for such funds and the probable repayment sources;
and
(5) final projections of overall development costs, including private and
public improvements, Project Concept Plan assessed values, revenues
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designated by sources and dollar amounts, transient occupancy taxes, sales
and property taxes.
An initial draft of a document including the study elements identified in subparagraph (I)
through (5) above shall be completed by the Developer and submitted to the Agency within
ninety (90) calendar days following the Ready Date. Thereafter, the parties shall refine the draft
document as submitted by the Developer in accordance with a schedule to be mutually agreed
upon for the refinement of the work for such studies, including the content and scope thereof, to
be mutually approved by the parties.
(B) Prior to the time when the Developer determines either to accept the Initial
Study of the Agency or to undertake an update or supplement thereto or some other form of
CEQA process, as determined pursuant to CEQA, the Developer in consultation with the
Agency, shall have prepared a proposed conceptual development plan for the Project Concept
Plan, to include, without limiting:
(1) proposed land use categories on a parcel-by-parcel basis, including
proposed zoning and General Plan changes, if any, necessary to
accommodate the Project Concept Plan; and
(2) proposed time schedule and cost estimates for the development and
proposed public and private infrastructure upgrades, proposed publicly
owned facilities, public improvements, public infrastructure and private
development; and
(3) proposed financing plan identifying the timing of receipt by the Developer
and the Agency, as applicable, of the financing sources for all private and
public improvements proposed in the Project Concept Plan, by phase, if
applicable; and
(4) proposed terms and price for the acquisition of the Agency Property, if
any, as may be deemed necessary for the Project Con~ept Plan; and
(5) proposed financing plan for the acquisition by the Developer and/or the
Agency of any Private Property as necessary for the Project Concept Plan.
The conceptual development plan for the Project Concept Plan as described above
may be revised from time-to-time in accordance with a schedule of preparation and revisions as
may be mutually approved by the parties.
f. Within ninety (90) calendar days after the Ready Date, the Developer shall inform
the Agency in writing whether, based on the information set forth in Section 3.e. (A), the
Developer believes that the Project Concept Plan is feasible and whether the Developer has
determined to rely upon the Initial Study and Mitigated Negative Declaration as approved by the
Agency or to initiate a separate process under CEQA pursuant to a "Notice of Preparation" or a
"Notice of Intention to Adopt a Negative Declaration" as these terms are defined in CEQA, as
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applicable, and prior to any circulation of such CEQA documents. Thereafter, the Developer and
the Agency may proceed to negotiate the final form of an agreement, in which the specific terms
for the redevelopment of the Site may be set forth on terms mutually acceptable to the parties as
may be contained in the Project DDA subject to the final approval thereof by the parties each at
their sole and absolute discretion.
g. The Developer shall submit each of the items of information described in this
Section to the Agency Executive Director within the time periods set forth above. Within fifteen
(15) calendar days after receipt of any such information, the Agency Executive Director shall
determine whether such information is satisfactory. If the specific item of information is
unsatisfactory to the Agency Executive Director, he or she shall notify the Developer in writing
of the reason or reasons that the information is unsatisfactory. If the Agency Executive Director
does not make a determination regarding any item of information submitted by the Developer
under this Section 3 within twenty (20) calendar days of receipt of such information, the
information as submitted by the Developer shall be deemed submitted in acceptable form to the
Agency. The determinations to be made by the Agency Executive Director under this subsection
shall in no manner bind or constitute the approval of the Agency regarding, without limitation,
plans, specifications, engineering, architecture, uses, tenants, sale prices, rental rates, the Project,
Concept Plan or the Project DDA.
4. Proiect Concept Plan Study Costs.
For the purposes of this Agreement, "Project Concept Plan Study Costs" shall mean and
refer to the costs and expenses of third party consultants who are engaged by the Developer
under written contract to undertake one or more elements of the Project Concept Plan Study
including the environmental review and processing and the preparation of all required studies
and reports in furtherance of the entitlements to be requested by the Developer from the City.
Project Concept Plan Study Costs shall include third party costs incurred by the Developer in
connection with the preparation or submission of any information relating to the Project Concept
Plan on which any element of the Project Concept Plan Study may be based, including civil
engineering expenses, traffic consultant fees, architectural fees, accounting fees and similar
expenditure items. In addition to the Project Concept Plan Study Costs incurred and paid by the
Developer, each party shall bear its own legal fees and costs and for consultants and service
providers which such party engages. Notwithstanding the foregoing, the Developer understands
that the Agency may request, and the Developer shall consider, that the Developer enter into one
or more separate written agreements pursuant to which the Developer would reimburse the
Agency for specifically budgeted, identified and capped third party independent consultant costs
which the Agency may desire to enter into based on staffing unavailability for purposes of
undertaking a comprehensive review the Project Concept Plan Study. The Developer further
recognizes that it will be required by either the City or the Agency as the "lead agency" under
CEQA in the event that an additional CEQA analysis or processing of document is required, to
enter into a separate agreement for all additional costs that may be incurred by either the City or
the Agency in such "lead agency" capacity to review and process all CEQA documents to be
prepared by or on behalf of the Developer as the Project Concept Plan Study Costs.
5. Oblil!:ations of the Developer.
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During the Negotiation Period, the Developer shall proceed diligently and in good faith to
perform the following:
a. Consider the redevelopment of the Project Concept Plan, including without
limitation the selection of housing product types and the design of improvement elements as
appropriate for the Project Concept Plan in addition to any commercial or retail elements of the
Project Concept Plan; and
b. Review and provide the Project Concept Plan Study information described in
Section 3 and provide all draft versions of any CEQA document required by the City to be
prepared by the Developer as part of the Project Concept Plan Study and the Project DDA if it is
determined that the Initial Study of the Agency is inadequate at a later date to undertake the
Project Concept Plan and, if acceptable to the Developer, submit an executed copy of the final
form of the Project DDA to the Agency Executive Director on or before the end of the
Negotiation Period (or such later date corresponding to an authorized extension of the
Negotiation Period); and
c. Consult with the Agency and the Agency Executive Director on a regular basis
and keep the Agency and the Agency Executive Director advised on the progress of the
Developer in completing its obligations under this Agreement.
6. Al.!encv Not to Nel.!otiate with Others.
a. The Agency currently deems the disposition of the .Agency Property, the
acquiSItIOn of the Private Property and the redevelopment of the Site for a feasible Project
Concept Plan to be appropriate, and the Developer appears to be well qualified to undertake the
task of planning the details for the acquisition of the entire Site, including the sale of the Agency
Property to the Developer.
b. During the Negotiation Period, and subject to the Agency's compliance with the
California Community Redevelopment Law ("CRL") and the Agency's Owner Participation
Rules regarding the rights of owners and tenants within the Project Area, the Agency shall
negotiate exclusively with the Developer with respect to the Site during the Negotiation Period,
the Agency shall not negotiate with any other person or entity regarding either the disposition of
any of the Agency Property or the redevelopment of the Project Concept Plan on the Site and/or
the Study Area. The term "negotiate," as used herein, shall be deemed to preclude the Agency
from accepting any other offer or proposal from a. third party to either acquire from the Agency
any interest in any of the Agency Property (in whole or in part) or redevelop the Site, and from
considering other redevelopment proposals for the Site with third persons or entities; provided,
however, any person may submit to the Agency and the Agency may consider any proposal for
the disposition and/or redevelopment of any lands adjacent to the Site. Nothing contained
herein shall be interpreted to prevent or limit the requirement and the ability of the Agency to
negotiate with and obtain property interests in any real property or business interest located
within the Site when such third party is exercising their rights pursuant to the Agency's Owner
Participation Rules as required under the CRL.
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c. During the Negotiation. Period, the Agency may in its sole discretion, elect to
acquire any Private Property as the Agency may deem appropriate on such terms and conditions
as the Agency may approve. Nothing herein shall be deemed to be a commitment or
understanding by the Agency to the Developer to acquire any such Private Property as may be
offered for sale or which otherwise may become available for acquisition during the Negotiation
Period and the Agency shall not be deemed to have appropriated or made available any funds
therefore.
d. Nothing in this Agreement shall bind the Agency to, or be construed to be a
commitment by the Agency to, exercise its power to acquire property pursuant to Health and
Safety Code section 33391 or to exercise its power of eminent domain with regard to any
particular parcel or parcels comprising the Site. As may be further provided in the Project DDA,
the Agency may be requested, however, to consider in good faith, consistent with any applicable
provision of law, any request from the Developer that the Agency exercise its power of eminent
domain with regard to any particular parcel or parcels of the Private Property comprising the
Site. In no event shall the Agency have any liability to the Developer for the Agency's failure to
act upon the Developer's request, nor shall the Agency exercise its power of eminent domain
unless and until the governing board of the Agency (the "Agency's Board") has duly considered
the evidence before it as to whether the affected property is necessary for a public use under
applicable federal and State laws and, in the exercise of the Agency's Board's sole and absolute
discretion, has adopted a resolution of necessity after a duly noticed public hearing, and has
otherwise complied with the provisions of the Californian Eminent Domain Law, Code of Civil
Procedure Section 1230.010, et seq. The Project DDA shall additionally set forth the financial
obligations of the Developer for the payment of the costs of such eminent domain proceedings,
including appraisal costs, expert witness fees and legal expenses, whether through the purchase
price of the property so acquired or otherwise.
e. Notwithstanding any other provision of this Agreement, during the Negotiation
Period, the Agency shall not be precluded from furnishing, to persons or entities unrelated to the
Developer, information in the possession of the Agency relating to the redevelopment of any
other land owned or controlled by the Agency in close proximity to the Site except for the Study
Area. Consideration of the redevelopment of the Project Area under the terms of the
Redevelopment Plan shall remain in the sole and exclusive purview of the Agency. The Agency
may also provide any other information in its possession that would customarily be furnished to
persons requesting information from the Agency concerning its activities, goals and matters of a
similar nature, or as required by law to be disclosed upon request.
7. Ae:ency Cooperation.
During the Negotiation Period, the Agency shall:
a. At the request of Developer, use its best efforts to assemble written
materials and documents relating to the Site that are in the possession of the Agency.
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b. Use its best efforts to provide appropriate comment to the Developer with
respect to one or more conceptual development plans, as may be proposed by the Developer for
the Project Concept Plan, and the redevelopment of the Site, including, but not limited to,
conceptual plans or studies of the vacation, realignment or abandonment of public property,
rights-of-way and facilities, the installation and improvement of public improvements and
environmental evaluation of the Project Concept Plan.
c. Use its best efforts to provide the Developer with limited access to those
portions of the Site owned by the Agency and referred to herein as the Agency Property, during
the Negotiation Period, for the purpose of conducting customary due diligence investigations
thereon, including environmental investigations of the subsurface or any structure thereon,
subject to the terms and conditions of a separate environmental investigation and inspection
license agreement to be agreed upon by the Agency and the Developer, at some later date, if
applicable.
d. Use its best efforts to provide the Developer with information or copies of
studies performed or to be performed relative to the Project Area.
e. Use its best efforts to formalize the Project DDA with the Developer,
wherein the Agency agrees to transfer to the Developer the Agency Property for such
consideration to be agreed upon, including the development of the Project Concept Plan as
attached hereto as Exhibit "A-2".
f. Use its best efforts to assist the Developer in obtaining the entitlements
necessary to develop the Project Concept Plan on the Site but without the incurring of any
independent consultant or legal expenses.
g. Use its best efforts without the incurring of any consultant or legal
expenses to utilize Agency Staff personnel to expedite compliance under CEQA for the Project
Concept Plan in addition to the CEQA compliance completed by the Agency for the approval of
this Agreement and the Concept Plan, including, without limitation, any zoning changes,
adoption of a Specific Plan if required by the Developer, General Plan amendments and all other
entitlements necessary for the development of the Project Concept Plan on the Site, suggested by
the Developer in its proposed conceptual development plan, referred to in Section 3.e.(B) above,
or at any other time during the Negotiation Period.
8. Ne2otiation of Proiect DDA.
During the Negotiation Period but after the Ready Date, the Agency and the Developer
shall negotiate diligently and in good faith to prepare and enter into the Project DDA. Both of
the parties shall exercise best efforts to complete discussions relating to the final terms and
conditions of the Project DDA and such other matters, as may be mutually acceptable to the
parties for the redevelopment of the Project Concept Plan on the Site, prior to the expiration of
the Negotiation Period, but neither party, after such diligent and good faith negotiations, shall be
bound by any term or provision of this Agreement to complete any such negotiations or to
execute any final Project DDA.
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9. Consideration for this A2reement and Reservation of Ri2hts.
In consideration for the Agency's entering into this Agreement, the Developer will undertake its
obligations under this Agreement and provide the Agency with copies of all studies and reports
and other non-confidential or non-attorney-client privileged information generated by the
Developer or its consultants regarding the Project Concept Plan or the Site. Notwithstanding the
foregoing, the Developer shall provide all information required under Section 3.e. in its entirety
as set forth therein, and in accordance with Section II, all information as may be provided by the
Developer to the Agency which is of a confidential nature shall be subject to the provisions of
said Section 11 which provides that the Agency agrees to maintain the confidentiality of any
financial and/or proprietary information of the Developer that is exempt from disclosure as a
Public Record pursuant to Government Code Sections 6254.15 and 6255 all as shall be
determined by the City Attorney. The parties agree that, if this Agreement terminates for any
reason, the Agency fails to extend the Negotiation Period or the Project DDA is not finally
approved by the Agency, for any reason, neither party shall be under any further obligation to the
other party regarding the disposition, acquisition, reuse, redevelopment or development of the
Project Concept Plan or the Site.
10. Plannin2 and Desh~n: Related Acknowled2ments of the Parties.
Certain development standards and design controls for the Project Concept Plan may be
established between the Developer and the Agency in negotiation of, or in the final form of, the
Project DDA, but it is understood by both parties that the Project Concept Plan and the
redevelopment of the Site must conform to the City's development, design and architectural
standards. The Agency Staff shall use best efforts to cooperate with the Developer's professional
associates in providing information and assistance in connection with the Developer's
preparation of drawings, plans and specifications. Nothing in this Agreement shall be considered
approval of any plans or specifications for the Project Concept Plan or the Site, itself, by either
the Agency or the City.
11. Developer Financial Disclosures.
The Developer acknowledges that it may be requested to make certain confidential
financial disclosures to the Agency, its staff or legal counsel, as part of the financial due
diligence investigations of the Agency relating to the potential disposition of the Property to the
Developer. The parties recognize that such financial disclosures may contain sensitive
information relating to other business transactions of the Developer, that the disclosure of such
information to third parties could impose commercially unreasonable and/or anti-competitive
burdens on the Developer and, correspondingly, diminish the value or fiscal benefit that may
accrue to the Agency upon the disposition of the Property to the Developer, if the terms for such
disposition are mutually agreed upon. Accordingly, the Agency agrees to maintain the
confidentiality of any of the Developer's financial and/or proprietary information that is exempt
from disclosure as a Public Record pursuant to Government Code Sections 6254.15 and 6255 all
as shall be determined by the City Attorney. The Developer shall indemnify, defend (subject to
the approval of the Developer's legal counsel by the City Attorney), and hold harmless,
including payment of attorney's fees, the City of San Bernardino and the Agency from any
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action, lawsuit 'or other proceeding initiated to obtain access to documents that may be
determined to be exempt from disclosure pursuant to the applicable provisions of the Public
Records Act. The costs, salary and expenses of the City Attorney and members of his office in
representing the City and/or the Agency shall be considered as "attorney's fees" for the purposes
of this Section.
12. Nondiscrimination.
The Developer shall not discriminate against nor segregate any person, or group of
persons on account of race, color, creed, religion, sex, marital status, handicap, national origin,
sexual orientation, or ancestry in undertaking its obligations under this Agreement.
13. Compliance with Law.
The Developer acknowledges that the Project DDA, if mutually agreeable terms are
established, may require the Developer (among other things) to carry out the construction of
certain improvements in conformity with all applicable laws, including all applicable planning
and zoning laws, environmental planning and safety laws and federal and state labor and wage
laws that will require the payment of the prevailing wage rates all as shall be further set forth in
the Project DDA.
14. Required Approvals.
No Project DDA between the parties shall have any force or effect, nor shall the Agency
be deemed to be a party to any agreement for the disposition of any real or personal property to
the Developer, until the terms and conditions of the Project DDA are considered and approved
by the governing body of the Agency, following the conclusion of a noticed public hearing, as
required by the CRL.
15. Press Releases.
The Developer agrees to discuss any press releases it may propose, relating to the Site
with the Agency Executive Director or his/her designee, prior to publication, to assure accuracy
and consistency of the information. The Agency Executive Director shall not issue press
releases or make public disclosure of information concerning the Site or the Developer's
proposals (unless the Developer has consented thereto) except as may be required by applicable
law.
16. Notices.
All notices required hereunder shall be presented in person or by FAX and confirmed by
First Class certified or registered United States mail with return receipt requested. Notice shall
be deemed confirmed by United States mail effective the second (2nd) business day after deposit
with the United States Postal Service. Notice by personal service shall be deemed effective upon
delivery. Either party may change their address for receipt of notice by notifying the other party
in writing.
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TO DEVELOPER:
Watson & Associates Development Co., Inc.
Attn.: James Watson
101 Main Street, Suite A, P.O. Box 610
Seal Beach, California 90740
(562) 430-0503
TO AGENCY:
Redevelopment Agency of the
City of San Bernardino
Artn.: Interim Executive Director
201 North "E" Street, Suite 301
San Bernardino, California 9240 I
(909) 663-1044
17. Acceptance of A2reement by the Developer.
The Developer shall acknowledge its acceptance of this Agreement by delivering three
(3) counterpart executed copies of this Agreement signed by an authorized party on behalf of the
Developer. The delivery by the Developer to the Agency of the executed counterpart copies of
this Agreement shall be completed either prior to or within thirty (30) calendar days following
the approval of this Agreement by the Agency's Board or thereafter this Agreement shall have
no further force and effect with respect to either party.
18. Authority.
This Agreement may be executed in counterparts, and when fully executed by the parties,
each such counterpart shall be deemed to be one original document. Each signatory to this
Agreement represents and warrants that he or she has the authority to execute this Agreement on
behalf of the principal whom he or she purports to represent.
19. Optional Termination; Extension by Developer.
Provided the Developer is not in default, the Developer may: (a) in its sole and absolute
discretion exercise an election to suspend the Project Concept Plan Study, and thereafter this
Agreement shall terminate and the parties shall be mutually released from any further obligations
hereunder; provided, however, that the Developer gives thirty (30) calendar days' prior written
notice to the Agency and has paid all amounts of the Agency expenses that were incurred by the
Agency in reliance upon any separate written agreement or agreements with the Developer
wherein the Developer has agreed to reimburse the Agency for specifically budgeted and
identified third party independent consultants, which the Agency has sought to retain due to the
unavailability of staff to review the Project Concept Plan Study or (b) notwithstanding
limitations expressed elsewhere in the Agreement, elect to extend the Negotiation Period for
such period of time as the Project Concept Plan approvals may be delayed due to governmental
action or inaction, it being the intent of this provision that the Developer not be prejudiced in the
event that the governmental approval or analytical process is not completed within the currently
contemplated Negotiation Period. As a condition precedent to the exercise of the extension of
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time as set forth in item (b) of the preceding sentence, the Developer shall provide written notice
to the Agency within ten (10) calendar days after the date when the alleged event has occurred
that gives rise to the type of delays set forth in item (b) of the preceding sentence.
20. Defaults and Breach - General.
Failure or delay by either party to perform any material term or provIsIOn of this
Agreement shall constitute a default under this Agreement; provided, however, that if the party
who is otherwise claimed to be in default by the other party commences to cure, correct or
remedy the alleged default within thirty (30) calendar days after receipt of written notice
specifying such default and shall diligently complete such cure, correction or remedy, such party
shall not be deemed to be in default hereunder.
The party, which may claim that a default has occurred, shall give written notice of
default to the party in default and specifying the alleged default. Delay in giving such notice
shall not constitute a waiver of any default nor shall it change the time of default; provided,
however, the injured party shall have no right to exercise any remedy for a default as set forth
herein without delivering the written default notice as specified herein.
Any failure or delay by a party in asserting any of its rights and remedies as to any
default shall not operate as a waiver of any default or of any rights or remedies associated with
such a default.
In the event that a default of either party may remain uncured for more than thirty (30)
calendar days following written notice, as provided above, a "breach" shall be deemed to have
occurred unless such party who is alleged to be in default is in the process of diligently
prosecuting the cure of such default, such cure was commenced immediately upon receipt of
notice as above set forth and such breach cannot be cured within said thirty (30) days even
though the cure was commenced in a timely manner. In the event of a breach, the party who is
not in default shall be entitled to seek any other appropriate remedy by initiating legal
proceedings. The successful party in any such legal proceeding shall be entitled to recover its
reasonable attorney's fees as an element of its damages, either as part of such legal proceedings
or in a separate legal action to recover such attorney's fees. The costs, salary and expenses of the
City Attorney and members of his office in enforcing this Agreement shall be considered as
"attorney's fees".
In the event that a breach has occurred under this Section 20, the party who is not then in
default may terminate this Agreement by serving the other party with a written notice of
termination, and thereafter the Agreement shall terminate thirty (30) calendar days following the
date of service of the notice of termination on the other party.
21. Governinl! Law: Venue.
The parties hereto acknowledge that this Agreement has been negotiated and entered into
in the State of California. The parties hereto expressly agree that this Agreement shall be
governed by, interpreted under, and construed and enforced in accordance with the laws of the
15
P:lAgendas\Agcnda Attachments\Agnnts-Amend 2005\05-11-07 Watson Downtown ERN final (2).doc
State of California. Further, the parties to this Agreement hereby agree that any legal actions
arising from this Agreement shall be .filed in California Superior Court, in the Court of San
Bernardino, Central District.
22. Partial Invalidity.
If any term, provision or portion of this Agreement or the application thereof to any
person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this
Agreement, or the application of such term or provision or portion thereof to persons or
circumstances other than those as to which it is held invalid or unenforceable, shall not be
affected thereby, and each such term and provision of this Agreement shall be valid and enforced
to the fullest extent permitted by law.
23. No Intent to Create Third Party Beneficiaries.
The parties intend that the rights and obligations under this Agreement shall benefit and
burden only the parties hereto, and do not intend to create any rights in, or right of action to or
for the use or benefit of any third party, including any governmental agency, who is not one of
the parties to this Agreement.
24. Waivers.
No waiver of any breach of any covenant or provision herein contained shall be deemed a
waiver of any preceding or succeeding breach thereof, or of any other covenant or provision
herein contained. No extension of the time for performance of any obligation or act to be
performed herein shall be deemed to be an extension of the time for performance of any other
obligation or act to be performed under this Agreement.
25. Entire A2reement.
This Agreement (including all Exhibits attached hereto) is the final expression of, and
contains the entire agreement between, the parties with respect to the subject matter hereof and
supersedes all prior understandings with respect thereto. This Agreement may not be modified,
changed, supplemented or terminated, nor may any obligations hereunder be waived, except by
written instrument signed by the party to be charged or by its agent duly authorized in writing or
as otherwise expressly permitted herein. This Agreement may be executed in one or more
counterparts, each of which shall be an original, and all of which together shall constitute a
single instrument.
26. Time of Essence.
Except as provided in Section 19 of this Agreement, time is strictly of the essence with
respect to each and every term, condition, obligation and provision hereof and that failure to
timely perform any of the terms, conditions, obligations or provisions hereof by either party shall
constitute a default under this Agreement by the party so failing to perform subject to such
16
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failure to timely perfonn being waived by the non-defaulting party at their sole option and
discretion.
27. Construction.
Headings at the beginning of each section, paragraph and subparagraph are solely for the
convenience of the parties and are not a part of this Agreement. Whenever required by the
context of this Agreement, the singular shall include the plural and the masculine shall include
the feminine and vice versa. This Agreement shall not be construed as if it had been prepared by
one of the parties, but rather as if both parties had prepared the same. Unless otherwise
indicated, all references to Sections are to this Agreement. All exhibits referred to in this
Agreement are attached hereto and incorporated herein by this reference.
IN WITNESS WHEREOF, the undersigned have executed this Agreement on the dates
indicated next to each of their signatures as appear below.
DEVELOPER
Watson & Associates Development Co., Inc.
A California corporation
Dated:
By:
Dated:
AGENCY
Redevelopment Agency of the
City of San Bernardino,
A public body corporate and politic
Date:
By:
Interim Executive Director
APPROVED AS TO FORM:
AI2~d~
17
P:lAgendas\Agenda AttachmentslAgrmts-Amend 2005\05-11-07 Watson Downtown ERN final (2).doc
failure to timely perform being waived by the non-defaulting party at their sole option and
discretion.
27. Construction.
Headings at the beginning of each section, paragraph and subparagraph are solely for the
convenience of the parties and are not a part of this Agreement. Whenever required by the
context of this Agreement, the singular shall include the plural and the masculine shall include
the feminine and vice versa. This Agreement shall not be construed as if it had been prepared by
one of the parties, but rather as if both parties had prepared the same. Unless otherwise
indicated, all references to Sections are to this Agreement. All exhibits referred to in this
Agreement are attached hereto and incorporated herein by this reference.
IN WITNESS WHEREOF, the undersigned have executed this Agreement on the dates
indicated next to each of their signatures as appear below.
DEVELOPER
Watson & Associates Development Co., Inc.
A California corporation
Dated:
By:
Dated:
AGENCY
Redevelopment Agency of the
City of San Bernardino,
A public body corporate and politic
Date:
By:
Interim Executive Director
APPROVED AS TO FORM:
~II~
17
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failure to timely perform being waived by the non-defaulting party at their sole option and
discretion.
27. Construction.
Headings at the beginning of each section, paragraph and subparagraph are solely for the
convenience of the parties and are not a part of this Agreement. Whenever required by the
context of this Agreement, the singular shall include the plural and the masculine shall include
the feminine and vice versa. This Agreement shall not be construed as if it had been prepared by
one of the parties, but rather as if both parties had prepared the same. Unless otherwise
indicated, all references to Sections are to this Agreement. All exhibits referred to in this
Agreement are attached hereto and incorporated herein by this reference.
IN WITNESS WHEREOF, the undersigned have executed this Agreement on the dates
indicated next to each of their signatures as appear below.
DEVELOPER
Watson & Associates Development Co., Inc.
A California corporation
Dated:
By:
Dated:
AGENCY
Redevelopment Agency of the
City of San Bernardino,
A public body corporate and politic
Date:
By:
Interim Executive Director
APPROVED AS TO FORM:
i:2fto~ilM~
17
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EXHIBIT "A-I"
Map of Study Area, including the Site
18
P:lAgendaslAgenda AttachmentslAgnnts-Amend 2005\05-11-07 Watson Downtown ERN final (2).doc
-H- STREET
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EXHIBIT "A-2"
.
Project Concept Plan
19
P:lAgendaslAgenda AnachmentslAgnnts-Amend 2005\05-11-07 Watson Downtown ERN final (2).doc
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REDEVELOPMENT AGENCY
OF THE CITY OF SAN BERNARDINO
INITIAL STUDY
REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO
INITIAL STUDY FOR
The assemblage of approximately 9.5 acres of land, consisting of 28 parcels, and the proposed
development of residential and mixed use units.
PROJECT DESCRIPTIONILOCA TION:
The proposed project area is irregular in shape, and is generally located east of H Street, south of Spruce
Street, north of Fourth Street, and west of F Street.
The assemblage of approximately 9.5 acres of land, consistIng of 28 parcels, and the proposed
development of residential and mixed use units. Final plans for the project area have not been
determined, but a mixed use development concept plan (Project) has been proposed, and is being
considered at this time.
This Initial Study addresses all known issues associated with the acquisition of the properties, and their
eventual redevelopment. Changes in the project design and scope in the future may necessitate
additional environmental review in the future.
DATE: October 5, 2005
PREP ARED BY
Nicole Sauviat Criste, Consulting Planner
Redevelopment Agency of the City of San Bernardino
201 North E Street, Suite 301
San Bernardino, CA 92401
(909) 663-1044
PREPARED FOR
Redevelopment Agency of the City of San Bernardino
201 North E Street, Suite 301
San Bernardino, CA 92401
(909) 663-1044
IS 1
REDEVELOPMENT AGENCY
OF THE CITY OF SAN BERNARDINO
INITIAL STUDY
The California Environmental Quality Act (CEQA) requires the preparation of an Initial Study when a
proposal must obtain discretionary approval from a governmental agency and is not exempt from
CEQA. The purpose of the Initial Study is to determine whether or nor a proposal, not exempt from
CEQA, qualifies for a Negative Declaration or whether or not an Environmental Impact Report (EIR)
must be prepared.
1. Project Title: The assemblage of approximately 9.5 acres of land, consisting of 28 parcels, and
the proposed development of residential and mixed use units.
2.
Lead Agency Name:
Address:
Redevelopment Agency of the City of San Bernardino
201 North E Street, Suite 301
San Bernardino, CA 92401
3.
Contact Person:
Phone Number:
Michael Trout
909-663-1044
4. Project Location (Address/Nearest cross-streets): East of H Street, south of Spruce Street, north
of Fourth Street, and west of F Street. (see Exhibit 1, Project Concept Plan).
5. Project Sponsor:
Address:
Redevelopment Agency of the City of San Bernardino
201 North E Street, Suite 301
San Bernardino, CA 92401
6. General Plan Designation: Regional Commercial (CR-2)
7. Description of Project (Describe the whole action involved, including, but not limited to, later
phases of the project and any secondary, support, or off-site feature necessary for its
implementation. Attach additional sheets, if necessary):
The proposed project consists of the purchase of property located east of H Street, south of Spruce
Street, north of Fourth Street, and west of F Street. A total of 28 parcels are proposed for
acquisition. The majority of parcels are developed, although some are developed but abandoned or
unoccupied. The acquisition is proposed to be for the purposes of redevelopment of the area. The
Agency has purchased some parcels within the project area from willing sellers as they have
become available. The Agency anticipates, however, having to exercise its powers of eminent
domain to secure some of the properties.
The concept plan proposes mixed use (commercial on the ground floor, residential on upper
floor(s)) for properties with frontage on Fifth and Fourth Street, attached single family residential
development for parcels located immediately south of the mixed use development on the south
side of Fifth Street, and townhouse development on the west side of G Street. Eventual
redevelopment would consist of up to 200 residential units, in addition to an undetermined amount
of commercial development. The area being considered for mixed use development totals
approximately 5.6 acres. At an estimated 50% building coverage, this area could generate 122,000
IS 2
REDEVELOPMENT AGENCY
OF THE CITY OF SAN BERNARDINO
INITIAL STUDY
square feet of commercial offices and retail space on the ground floor. The proposed layout of the
project are depicted in Exhibit 1, Project Concept Plan.
All property being considered for acquisition is located in the Central City North Redevelopment
Plan Area (CCNRA). The property is currently owned by multiple land owners. The
Redevelopment Agency has been acquiring property from willing sellers in this area as it has
become available. On September 7 of 2004, the Agency amended the Redevelopment Plan for this
area, and re-instituted eminent domain in the CCNRA. At that time, the Agency considered and
certified an Environmental Impact Report (SCH #2003031072), The proposed acquisition is
consistent with, and implements the provisions of the CCNRA.
The parcels being considered for acquisition are Assessor's Parcel Numbers 134-054-24 through -
26, 134-054-07, 134-061-25, 134-061-21& -22,134-061-30,134-101-02 through -06, 134-101-28,
134-093-05 through -11, 134-093-19 & -20, 134-093-40 & -41, and 134-093-43 through -45.
8. Surrounding Land Uses and Setting:
The project area is surrounded by a mix of development, including single and multi-family
residential, commercial and institutional land uses.
9. Other agencies whose approval is required (e.g., permits, finance approval, or participation
agreement):
City of San Bernardino: Approval of various planning permits to allow development.
IS 3
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<t
REDEVELOPMENT AGENCY
OF THE CITY OF SAN BERNARDINO
INITIAL STUDY
ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED:
The environmental factors checked below would be potentially affected by this project, involving at
least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following
pages.
0 Aesthetics 0 Agriculture Resources ~ Air Quality
0 Biological Resources 0 Cultural Resources 0 Geology / Soils
~ Hazards & Hazardous D Hydrology / Water Quality 0 Land Use / Planning
Materials D Noise D Population / Housing
D Mineral Resources D Recreation D Transportation / Traffic
D Public Services D Mandatory Findings of
D Utilities / Service Systems Significance
On the basis of this Initial Study, the City of San Bernardino Environmental Review Committee finds:
D I find that the proposed project COULD NOT have a significant effect on the environment, and a
NEGATIVE DECLARATION will be prepared.
~ I find that although the proposed project could have a significant effect on the environment, there
will not be a significant effect in this case because revisions in the project have been made by or
agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be
prepared.
D I find that the proposed project MAY have asignificant effect on the environment, and an
ENVIRONMENTAL IMPACT REPORT is required.
D I find that the proposed project MA Y have a "potentially significant impact" or "potentially
significant unless mitigated" impact on the environment, but at least one effect 1) has been
adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been
addressed by mitigation measures based on the earlier analysis as described on attached sheets. An
ENVIRONMENT AL IMP ACT REPORT is required, but it must analyze only the effects that
remain to be addressed.
o I find that although the proposed project could have a significant effect on the environment,
because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or
NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or
mitigated pursu t to that EIR or NEGATIVE DECLARATION, including revisions or mitigation
that' u n the proposed project, nothing further is required.
lolr /D!J
Date .
MtoLE if}uLf/ltr {kr9 /~
Printed Name
For
IS 5
REDEVELOPMENT AGENCY
OF THE CITY OF SAN BERNARDINO
INITIAL STUDY
Less Than
Potentially Significant Less Than No
Significant With Significant Impact
Impact Mitigation Impact
Incorporation
I. AESTHETICS - Would the project:
a) Have a substantial adverse effect on a scenic 0 0 0 [8J
vista as identified in the City's General Plan?
b) Substantially damage scenic resources, 0 0 0 [8J
including but not limited to, trees, rock
outcroppings, and historic buildings within a
state scenic highway?
c) Substantially degrade the existing visual 0 0 0 [8J
character of quality of the site and its
surroundings?
d) Create a new source of substantial light or glare 0 0 [8J 0
which would adversely affect day or nighttime
view in the area?
e) Other: 0 0 0 [8J
Discussion: The acquisition of property will have no impact on aesthetics in the project area. The
eventual redevelopment of the site will result in new construction in a fully developed and blighted area.
The redevelopment of the site would therefore be expected to have a beneficial impact on scenic vistas
in the area.
There are no significant scenic trees, rock outcroppings or other features within the project area.
The redevelopment of the site will create similar lighting and glare impacts as currently occur, insofar as
a mix of commercial and residential land uses are likely to occur on the site. Individual project proposals
within the project area will be reviewed for consistency with the City's lighting standards in the future.
Impacts associated with light and glare are expected to be less than significant.
IS 6
REDEVELOPMENT AGENCY
OF THE CITY O~ SAN BERNARDINO
INITIAL STUDY
a) Convert Prime Farmland, Unique Farmland, or
Farmland of Statewide Importance (Farmland),
as shown on the maps prepared pursuant to the
Farmland Mapping and Monitoring Program of
the California Resources Agency, to a non-
agricultural use?
Less Than
Potentially Significant Less Than No
Significant With Significant Impact
Impact Mitigation Impact
Incorporation
0 0 0 ~
II. AGRICULTURE RESOURCES:
b) Other:
o
o
o
~
Discussion: Neither the acquisition of property nor the redevelopment of the area will have any impact
on agricultural resources. The project area is located in a fully urbanized area of the City, and is not, and
has not been, in agriculture. No agricultural lands occurs in the vicinity, and no Williamson Act
contracts occur on the project area or its surroundings. The land is designated Commercial Regional in
the General Plan, a designation that facilitates the development of urban-density commercial and
residential development.
IS 7
REDEVELOPMENT AGENCY
OF THE CITY OF SAN BERNARDINO
INITIAL STUDY
Less Than
Potentially Significant Less Than No
Significant With Significant Impact
Impact Mitigation Impact
Incorporation
III. AIR QUALITY - Would the project
a) Contlict with or obstruct implementation of the D 0 0 r8J
applicable air quality plan? (South Coast Air
Basin)
b) Violate any air quality standard or contribute D ~ D 0
substantially to an existing or projected air
quality violation based on the thresholds in the
SCAQMD's "CEQA Air Quality Handbook?"
c) Result in a cumulatively considerable net D 0 ~ 0
increase of any criteria pollutant for which the
project region is non-attainment under an
applicable federal or state ambient air quality
standard (including releasing emissions which
exceed quantitative thresholds for ozone
precursors)?
d) Expose sensitive receptors to substantial D D 0 r8J
pollutant concentrations?
e) Create objectionable odors affecting a D D D r8J
substantial number of people based on the
information contained in Project Description
Form?
f) Other: D- O 0 ~
Discussion: The acquisition of property will have no impact on air quality in the project area. The
eventual demolition of existing land uses (which total approximately 155,000 square feet), and the
redevelopment of the area have the potential to result in significant air quality impacts. Each of the
impact areas is reviewed independently below.
The proposed project is consistent with the General Plan land use designation applied to the property.
Air quality management planning for the City and region have been developed based on the General
Plan land use maps for the City and those around it. The project does not propose any unusual or highly
;!olluting land uses. The project is therefore consistent with the air quality management plans in place
for the region.
IS 8
REDEVELOPMENT AGENCY
OF THE CITY OF SAN BERNARDINO
INITIAL STUDY
Demolition Emissions
Implementation of the proposed project will require two steps. First, existing improvements on the site
will be removed. Then, the site will be redeveloped.
Heavy equipment will be required to remove existing structures and improvements within the project
area, which will generate air emissions. The Table below illustrates typical daily emissions from heavy
equipment associated with demolition of on-site improvements. Although it is not possible to accurately
represent the type and number of vehicles which may be required, due to the preliminary nature of the
plans for the project, the Table below provides a reasonable scenario of potential impacts associated
with demolition on the site.
Table 1
Demolition Equipment Emissions. Diesel powered
(pounds per day)
# #
Equipment Pieces hrs/day CO ROC Nox Sox PM\o
Tracked Loader 2 8 3.216 1.520 13.280 1.216 0.944
Tracked Tractor 1 8 2.80 0.96 10.08 1.12 0.90
Scraper 1 8 10.00 2.16 30.72 3.68 3.28
Wheeled Dozer 2 8 5.60 2.64
Wheeled Loader 1 8 4.58 1.84 15.20 1.46 1.36
Miscellaneous 1 8 5.40 1.20 13.60 1.14 1.12
Total: 25.99 7.68 82.88 14.22 10.24
SCAQMD Thresholds of Significance 550.00 75.00 100.00 150.00 150.00
As demonstrated, the potential demolition will not exceed thresholds of significance as established by
the SCAQMD. Further, the proposed project site will be required to be inspected for potential hazardous
materials, including asbestos content and lead paint in buildings prior to demolition (please see
Hazardous Materials section, below), and these potential impacts will be addressed prior to the initiation
of any-demolition activity. Impacts associated with demolition of structures and improvements within
the project site are therefore expected to be less than significant.
Construction Impacts
The grading of the site has the potential to generate two types of emissions. First, those chemical
. emissions generated by the operation of heavy equipment, and second those emis~ions of fugitive dust
generated by ground disturbance. Because of the developed nature of the project area, however, grading
activities are expected to be minimal, and of short duration. The Table below illustrates the potential
impacts associated with grading of the project site.
IS 9
REDEVELOPMENT AGENCY
OF THE CITY OF SAN BERNARDINO
INITIAL STUDY
Table 2
Grading Equipment Emissions - Diesel powered
(pounds per day)
# #
Equipment Pieces hrs/day CO ROC Nox Sox PM10
Tracked Tractor 1 8 2.80 0.96 10.08 1.12 0.90
Scraper 1 8 10.00 2.16 30.72 3.68 3.28
Wheeled Dozer 1 8 2.80 1.32
Wheeled Loader 1 8 4.58 1.84 15.20 1.46 1.36
Motor Grader 1 8 1.21 0.31 5.70 0.69 0.49
Miscellaneous 1 8 5.40 1.20 13.60 1.14 1.12
Total: 23.98 6.47 75.30 10.89 8.46
SCAQMD Thresholds of Significance 550.00 75.00 100.00 150.00 150.00
As demonstrated above, the grading of the project site would not exceed the thresholds established by
the SCAQMD.
The project will also generate fugitive dust during grading operations. The City, and the project site, can
be subject to significant winds, which can transport dust, and particulate m(!.tter of 10 microns or less
(PM10). PM10 is a criteria pollutant with known health impacts.
Table 3
Calculations of Fugitive Dust Potential
(pounds per day)
Total Acres to be
Disturbed at Buildout*
10.31
Factor
(lbs./day/acre)
26.4
Total Potential Dust
Generation (Ibs./day)
272.2
Source: Table A9-9, "CEQA Air Quality Handbook," prepared by South Coast Air Quality Management District,
April 1993.
Based on the Table above, the proposed project will exceed SCAQMD thresholds for dust generation.
Although these impacts will be of short duration (only during the grading of the site), a number of
mitigation methods are available. In order to assure that these impacts are reduced to less than
significant levels, mitigation is provided below.
Operational Impacts
The proposed project has the potential to result in approximately 6,579 average daily trips (ADT),
assuming 200 residential units, and 122,000 square feet of retail commercial spacel. There are
'pproximately 5,537 trips generated by the existing development on the project site (please see Traffic
and Circulation section below). Therefore, the ultimate redevelopment of the site will generate 1,042
I "Trip Generation, 7'h Edition," prepared by the Institute of Transportation Engineers, and assuming category 814, Specialty
Retail Center for commercial space, and category 230, Residential Condominium/Townhouse for residential units.
IS 10
REDEVELOPMENT AGENCY
OF THE CITY OF SAN BERNARDINO
INITIAL STUDY
new trips, and associated emissions. The Table below demonstrates the emissions these trips could
generate.
Table 3
Moving Exhaust Emissions at Project Buildout (pounds per day)
Total No. Vehicle TripsfDay
1,042
Ave. Trip
Length (miles)
15
Total
miles/day
15,630
x
=
Pollutant
CO
200.4
NOX
21.3
ROG
21.6
SOX
0.1
PM10
Pounds
SCAQMD Daily Threshold
(Lbs.lday) 75 550 100 150 150
Based on California Air Resources Board's EMF AC 2002 Version 2.2 Emissions Tables. Scenario year
2007, model years 1965 - 2007.
1.8
As demonstrated in the Table, the ultimate redevelopment of the site will not exceed SCAQMD
thresholds.
Mitigation Measures
In order to assure that the potential impacts associated with site grading are mitigated to less than
significant levels, mitigation measures, as listed below, shall be implemented.
1. No more than an area equivalent to 5 acres shall be actively graded in anyone day.
2. Portions of the site that are to be graded shall be pre-watered to a depth of 3 feet regularly to
ensure that a crust is formed on the ground surface, and shall be watered at the end of each
work day.
3. All trucks leaving the site shall be washed off to reduce fugitive dust being tracked onto local
roadways.
4. Any area which remains undeveloped for a period of more than 30 days after grading shall be
stabilized using either chemical stabilizers or hydroseed on the affected portion of the site.
5. SCAQMD Rule 403 shall be adhered to, insuring the clean-up of construction-related dirt on
approach routes to the site.
6. All grading activities shall be suspended during first and second stage ozone episodes or
when winds exceed 25 miles per hour.
IS 11
REDEVELOPMENT AGENCY
OF THE CITY OF SAN BERNARDINO
INITIAL STUDY
Less Than
Potentially Significant Less Than No
Significant With Significant Impact
Impact Mitigation Impact
Incorporation
IV. BIOLOGICAL RESOURCES - Would the
project:
a) Have a substantial adverse effect, either directly 0 0 0 IZJ
or through habitat modifications, on any species
identified as a candidate, sensitive, or special
status species in local or regional plans,
policies, or regulations, or by the California
Department of Fish and Game or US Fish and
Wildlife Service?
b) Have a substantial adverse effect on any 0 0 0 IZJ
riparian ha:bitat or other sensitive natural
community identified in local or regional plans,
policies, regulations or by the California
Department of Fish and Game or US Fish and
Wildlife Service?
c) Have a substantial adverse effect on federally 0 0 0 IZJ
protected wetlands as defined by Section 404 of
the Clean Water Act (including, but not limited
to, marsh, vernal pool, coastal, etc.) through
direct removal, filling, hydrological
interruption, or other means?
d) Interfere substantially with the movement of 0 0 0 IZJ
any native resident or migratory fish or wildlife
species or with established native resident or
migratory wildlife corridors, or impede the use
of native wildlife nursery sites?
e) Conflict with the provisions of an adopted 0 0 0 IZJ
Habitat Conservation Plan, Natural Community
Conservation Plan, or other approved local,
regional, or state habitat conservation plan?
b) Other: 0 0 0 IZJ
Discussion: Neither the acquisition of the properties in the project area, nor their redevelopment, will
have no impact on biological resources. The project area is fully developed, and does not include native
habitat. Impacts associated with biological resources are expected to be insignificant.
IS 12
REDEVELOPMENT AGENCY
OF THE CITY OF SAN BERNARDINO
INITIAL STUDY
Less Than
Potentially Significant Less Than No
Significant With Significant Impact
Impact Mitigation Impact
Incorporation
V. CULTURAL RESOURCES - Would the project:
a) Be developed in a sensitive archaeological area D D D [gI
as identified in the City's General Plan?
b) Cause a substantial adverse change in the D D D [gI
significance of an archaeological resource
pursuant to 915064.5 ofCEQA?
c) Cause a substantial adverse change in the D D D [gI
significance of a historical resource as defined
in 915064.5 ofCEQA?
d) Directly or indirectly destroy a unique D D D [gI
paleontological resource or site or unique
geologic feature?
e) Disturb any human remains, including those D D D [gI
interred outside of formal cemeteries?
f) Other: D D D [gI
Discussion: Neither the acquisition of the properties in the project area, nor their redevelopment, will
have no impact on cultural resources. The project area is fully developed, and does not include historic
structures. Impacts associated with cultural resources are expected to be insignificant.
IS 13
REDEVELOPMENT AGENCY
OF THE CITY OF SAN BERNARDINO
INITIAL STUDY
Less Than
Potentially Significant Less Than No
Significant With Significant Impact
Impact Mitigation Impact
Incorporation
VI. GEOLOGY AND SOILS - Would the project:
a) Involve earth movement (cut and/or fill) based D D ['gJ D
on information included in the Project
Description Form?
b) Expose people or structures to potential D D ['gJ D
substantial adverse effects, including the risk of
loss, injury, or death?
c) Be located within an Alquist-Priolo Earthquake D D D ['gJ
Fault Zone?
d) Result in substantial soil erosion or the loss of D 0 ['gJ 0
topsoil?
e) Be located within an area subject to landslides, D 0 0 r8J
mudslides, subsidence, or other similar hazards
as identified in the City's General Plan?
f) Be located within an area subject to liquefaction 0 0 r8J 0
as identified in the City's General Plan?
g) Modify any unique physical feature based on a 0 0 0 ['gJ
site survey/evaluation?
h) Result in erosion, dust, or unstable soil D 0 ['gJ 0
conditions from excavation, grading, fill, or
other construction activities?
i) Other: 0 0 D r8J
Discussion: The acqUIsitIOn of property will have no impact on geology and soils. The eventual
development of residential and commercial land uses on the site could be impacted, however. The
project site is not located in an Alquist Priolo Earthquake Fault Zone, but is located in an area of high
susceptibility for liquefaction. The site will be subject to significant ground shaking during an
earthquake. Development proposals for the project site, however, will be required to submit site-specific
'jeotechnical reports to assess the soils conditions within the area, including requirements to alleviate
both ground shaking and liquefaction hazards, as part of the building permitting process. These City
requirements and standards will assure that potential impacts associated with seismicity are reduced to
less than significant levels.
IS 14
REDEVELOPMENT AGENCY
OF THE CITY OF SAN BERNARDINO
INITIAL STUDY
Although the site is not within a high wind susceptibility area, all of the City can be subject to high
winds. The provisions included in the Air Quality section, above, are designed to lower impacts
associated with soil erosion due to wind to less than significant levels.
The City enforces the requirements of the NPDES for potential impacts associated with water erosion.
These requirements include the preparation of a Storm Water Pollution Prevention Plan (SWPPP) for all
qualifying projects. The SWPPP will be reviewed and approved by the City Engineer to assure that all
best management practices appropriate for the project area are implemented during construction, to
assure that potential impacts associated with water erosion are reduced to less than significant levels.
The project area is flat and does not occur adjacent to hillsides, so it will not be susceptible to landslides.
There are no physical features on the site.
Overall impacts associated with soils and geology are expected to be less than significant.
IS 15
REDEVELOPMENT AGENCY
OF THE CITY OF SAN BERNARDINO
INITIAL STUDY
Less Than
Potentially Significant Less Than No
Significant With Significant Impact
Impact Mitigation Impact
Incorporation
VII. HAZARDS AND HAZARDOUS MATERIALS
- Would the project:
a) Create a significant hazard to the public or the 0 [8] 0 0
environment through the routine transport, use,
or disposal of hazardous materials?
b) Create a significant hazard to the public or the 0 [8] 0 0
environment through reasonably foreseeable
upset and accident conditions involving the
release of hazardous materials into the
environment?
c) Emit hazardous emissions or handle hazardous 0 0 0 [8]
or acutely hazardous materials, substances, or
waste within one-quarter mile of an existing or
proposed school?
d) Be located on a site which is included on a list 0 0 0 [8]
of hazardous materials sites compiled pursuant
to Government Code Section 65962.5 and, as a
result, would it create a significant hazard to the
public or the environment?
e) For a project located within an airport land use O. 0 0 [8]
plan or, where such a plan has not been adopted,
within two miles of a public airport or public
use airport, would the project result in a safety
hazard for people residing or working in the
project area?
f) Impair implementation of or physically interfere 0 0 0 [8]
with an adopted emergency response plan or
emergency evacuation plan?
g) Expose people or structures to a significant risk 0 0 0 [8]
of loss, injury or death involving wildland fires,
including where wildlands are adjacent to
urbanized areas or where residences are
intermixed with wildlands?
IS 16
REDEVELOPMENT AGENCY
OF THE CITY OF SAN BERNARDINO
INITIAL STUDY
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporation
Less Than
Significant
Impact
No
Impact
VII. HAZARDS AND HAZARDOUS MATERIALS
- Continued
h) Other:
o
o
o
~
Discussion: The acquisition of property will have no impact on hazardous materials. The eventual
demolition of the project area, however, has the potential to generate hazardous emissions. The
buildings on the site were built over a significant period of time, and many were constructed prior to the
1970's. It is likely, therefore, that both asbestos and lead paint have been used in the buildings. Each
development proposal will include plans for the demolition of part or all of the area. This demolition
cannot occur with less than significant impacts if the potential hazards associated with the existing
buildings have not be assessed. Mitigation is required.
The eventual development of residential and commercial uses within the project area will not generate
significant use of hazardous materials. Some chemicals and cleaning products can be expected, but these
would not be in quantities which could pose a hazard.
The site is not located within an airport land use plan, or within a hazard area for wildland fires.
In order to assure that impacts associated with hazardous materials are reduced to less than significant
levels, the following mitigation measures shall be implemented:
1. No demolition shall be permitted on any structure within the project area prior to the
preparation, review and approval of a Phase I Environmental Site Assessment for each
structure.
2. Should the Phase I Environmental Site Assessment reveal the occurrence of either asbestos
or lead paint within any structure, all required remediation shall be conducted under the
supervision of a qualif~d professional approved by the Redevelopment Agency.
IS 17
REDEVELOPMENT AGENCY
OF THE CITY OF SAN BERNARDINO
INITIAL STUDY
Less Than
Potentially Significant Less Than No
Significant With Significant Impact
Impact Mitigation Impact
Incorporation
VIII. HYDROLOGY AND WATER QUALITY-
Would the project:
a) Violate any water quality standards or waste 0 0 [gJ 0
discharge requirements?
b) Substantially deplete groundwater supplies or 0 D [gJ D
interfere substantially with groundwater
recharge such that there would be a net deficit
in aquifer volume or a lowering of the local
groundwater table level (e.g., the production
rate of pre-existing nearby wells would drop
to a lever which would not support existing
land uses or planned uses for which permits
have been granted)?
c) Substantially alter the existing drainage 0 0 [gJ D
pattern of the site or area, including through
the alteration of the course of a stream or
river, in a manner which would result in
substantial erosion or siltation on- or off-site?
d) Substantially alter the existing drainage 0 D [gJ D
pattern of the site or area, including through
the alteration of the course of a stream or
river, or substantially increase the rate or
amount of surface runoff in a manner which
_ would result in flooding on- or off-site?
e) Create or contribute runoff water which would 0 0 D [gJ
exceed the capacity of existing or planned
storm water drainage systems or provide
substantial additional sources of polluted
runoff, such as from areas of material storage,
vehicle or equipment maintenance (including
washing or detailing), waste handling,
hazardous materials handling or storage,
delivery areas, loading docks, or other outdoor
areas?
IS 18
REDEVELOPMENT AGENCY
OF THE CITY OF SAN BERNARDINO
INITIAL STUDY
Less Than
Potentially Significant Less Than No
Significant With Significant Impact
Impact Mitigation Impact
Incorporation
VIII. HYDROLOGY AND WATER QUALITY -
Continued
t) Otherwise substantially degrade water D D r8J D
quality?
g) Place housing within a IOO-year flood hazard D D D r8J
area as mapped on a federal Flood Hazard
Boundary or Flood Insurance Rate Map or
other flood hazard delineation map? (Panel
No. )
h) Place within a 1 OO-year flood hazard area D D D r8J
structures which would impede or redirect
flood flows?
i) Expose people or structures to a significant D D D r8J
risk of loss, injury, or death involving
flooding, including flooding as a result of the
failure of a levee or dam?
j) Inundation by seiche, tsunami, or mudflow? D 0 0 r8J
k) Other: D 0 D r8J
Discussion: The acquisition of property will have no impact on hydrology or water resources. The
eventual redevelopment of the project area will occur only with the implementation of the City's
standards relating to water quality protection under NPDES. The building department will also require
the inclusion of water conserving fixtures and appliances for all construction. The site is served by
sanitary sewer services, and would be connected to these facilities. All these standards are designed to
protect water quality.
The project area is flat and fuliy developed. All redevelopment plans for the site '.vill be required to
implement City standards for the conveyance of storm water into City facilities in the area. The expected
impacts associated with redevelopment are expected to be equivalent or less than those currently
occurring in the area. The site is not located in a 100 year flood plain.
:mpacts associated with hydrology and water quality are expected to be less than significant.
IS 19
REDEVELOPMENT AGENCY
OF THE CITY OF SAN BERNARDINO
INITIAL STUDY
There is one occupied permanent residential project within the project area, which consists of a 17 unit
apartment building. The Redevelopment Agency is required by law to formulate and implement a
Relocation Plan for the relocation of residents within this project, if their incomes qualify them as lower
income households. The Agency will prepare and implement the Relocation Plan prior to the demolition
)1' the residential structure within the project area, thereby reducing the impacts to an existing
community to a less than significant level.
The project site is not located within a fire hazard area.
IS 20
REDEVELOPMENT AGENCY
OF THE CITY OF SAN BERNARDINO
INITIAL STUDY
Less Than
Potentially Significant Less Than No
Significant With .Significant Impact
Impact Mitigation Impact
Incorporation
X. MINERAL RESOURCES - Would the project:
a) Result in the loss of availability of a known 0 0 0 C8J
mineral resource that would be of value to the
region and the residents of the state?
b) Result in the loss of a locally-important mineral 0 0 0 C8J
resource recovery site delineated on a local
general plan, specific plan or other land use
plan?
c) Be located in a Mineral Resource Zone as 0 0 0 C8J
adopted by the State Mining and Geology Board
and identified in the City's General Plan?
Discussion: The acquisition of property will not have any impact on mineral resources. The project site
is located within the City's urban core, and has been developed for many years. No resources are
expected to occur in or near the area. No impacts are expected.
IS 21
REDEVELOPMENT AGENCY
OF THE CITY OF SAN BERNARDINO
INITIAL STUDY
Less Than
Potentially Significant Less Than No
Significant With Significant Impact
Impact Mitigation Impact
Incorporation
XI. NOISE - Would the project result in:
a) Exposure of persons to or generation of noise 0 0 l:8J 0
levels in excess of standards established in the
City's General Plan or Development Code, or
applicable standards of other agencies?
b) Exposure of persons to or generation of 0 0 0 l:8J
excessive groundborne vibration or
ground borne noise levels?
c) A substantial permanent increase in ambient 0 0 l:8J 0
noise levels in the project vicinity above levels
existing without the project?
d) A substantial temporary or periodic increase in 0 0 l:8J 0
ambient noise levels in the project vicinity
above levels existing without the project?
e) For a project located within an airport land use 0 0 0 l:8J
plan or Airport Influence Area, would the
project expose people residing or working in the
project area to excessive noise levels?
f) Other: D' 0 0 l:8J
Discussion: The acquisition of land within the project area will have no impact on noise levels. The
eventual redevelopmenLof the site could have impacts associated with construction and operational
noise. Each development proposal within the project area, however, will be required to provide noise
analysis to demonstrate that the structures will not expose residents to exterior noise levels in excess of
65 dBA CNEL, and interior noise levels of 45 dBA CNEL, prior to the issuance of building permits.
These City standards will assure that potential impacts associated with long term noise at the site are
reduced to less than significant levels.
The construction of buildings on the site will result in temporary and periodic impacts to surrounding
properties. These impacts, however, will occur during the less sensitive daytime hours, as the City limits
construction activities to the daytime hours. The impacts associated with construction noise are therefore
,;ot expected to be significant.
The redevelopment of the project site is not expected to generate groundborne vibration or groundborne
noise levels. The site is not within the Airport Influence Area.
IS 22
REDEVELOPMENT AGENCY
OF THE CITY OF SAN BERNARDINO
INITIAL STUDY
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporation
XII. POPULATION AND HOUSING - Would the
project:
a) Induce substantial population growth in an area,
either directly (for example, by proposing new
homes and businesses) or indirectly (for
example, through extension of roads or other
infrastructure)?
D
D
b) Remove existing housing and displace
substantial numbers of people, necessitating the
construction of replacement housing elsewhere?
D
D
c) Other:
D
D
Less Than
Significant
Impact
D
D
D
No
Impact
r8J
r8J
r8J
Discussion: The proposed acquisition of land within the project area will have no impact on population
or housing. The eventual redevelopment of the area has the potential to beneficially impact population
and housing, insofar as the mixed use nature of the proposed project will provide opportunities for local
residents to secure employment within walking distance of their homes. The proposed project, therefore,
is not expected to significantly impact population growth in the area.
The Agency will be required to formulate a Relocation Plan for the 17 apartment units which would
eventually be eliminated within the project area. This Relocation Plan will meet the requirements of law,
and will identify housing in other parts of the City, or potentially within the project area itself, for the up
to 17 households which could be displaced. Since the project includes housing, even if no off site
housing could not be identified, which is unlikely given the City's existing vacancy rates, the proposed
project could easily accommodate these households, since up to 200 units are proposed.
Impacts associated with population and housing are expected to be less than significant.
IS 23
! .
REDEVELOPMENT AGENCY
OF THE CITY OF SAN BERNARDINO
INITIAL STUDY
Less Than
. Potentially Significant Less Than No
Significant With Significant Impact
Impact Mitigation Impact
Incorporation
XlII. PUBLIC SERVICES
a) Would the project result in substantial adverse
physical impacts associated with the provision
of new or physically altered governmental
facilities, need for new or physically altered
governmental facilities, the construction of
which could cause significant environmental
impacts, in order to maintain acceptable
service ratios, response times or other
performance objectives for any of the public
servIces:
Fire protection, including medical aid? 0 0 r8J 0
Police protection? 0 0 r8J 0
Schools? 0 0 r8J 0
Parks or other recreational facilities? 0 0 0 r8J
Other governmental services? 0 0 r8J 0
b) Other: 0 0 0 r8J
Discussion: The acquisition of the project area lands will have no impact on public services.
The eventual redevelopment of the area is likely to have a beneficial impact on fire and police services,
insofar as the area is currently blighted, and calls for service are elevated. The demolition of substandard
buildings, and the location of housing within the area has the potential to improve the economic
conditions in the area, and reduce the current impacts associated with public safety.
The individual projects proposed for the redevelopment of the area will be required to pay school impact-
fees in place at the time that building permits are issued.
The redevelopment of the site will be required to incorporate open spaces and recreational facilities, as
required by the City's development code. These requirements assure that impacts to parks will be less
than significant.
Overall impacts associated with public services are expected to be less than significant.
IS 24
REDEVELOPMENT AGENCY
OF THE CITY OF SAN BERNARDINO
INITIAL STUDY
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporation
Less Than
Significant
Impact
No
Impact
XiV. RECREATION
a) Would the project increase the use of existing
neighborhood and regional parks or other
recreational facilities such that substantial
physical deterioration of the facility would
occur or be accelerated?
D
D
D
[8]
b) Does the project include recreational facilities
or require the construction or expansion of
recreational facilities which might have an
adverse physical effect on the environment?
c) Other:
D
D
D
[8]
D
D
D
[8]
Discussion: The acquisition of land will have no impact on recreational facilities. There are no
recreational facilities within the project area, and as stated above, redevelopment of the project area will
require the inclusion of recreational facilities in conformance with the development code. These
standards assure that the impacts of the proposed redevelopment of the site on recreation will be
insignificant.
IS 25
I ,
I .
REDEVELOPMENT AGENCY
OF THE CITY OF SAN BERNARDINO
INITIAL STUDY
xv. TRANSPORTATlONffRAFFIC - Would the
proj ect:
a) Cause an increase in traffic which is substantial
in relation to the existing traffic load and
capacity of the street system (i.e., result in a
substantial increase in either the number of
vehicle trips, the volume to capacity ratio on
roads, or congestion at intersections)?
b) Exceed, either individually or cumulatively, a
level of service standard established by the
county congestion management agency for
designated roads or highways?
c) Result in a change in air traffic patterns,
including either an increase in traffic levels or a
change in location that results in substantial
safety risks?
d) Substantially increase hazards due to a design
feature (e.g., sharp curves or dangerous
intersections) or incompatible uses (e.g., farm
equipment)?
e) Result in inadequate emergency access?
f) Result in inadequate parking capacity?
g) Conflict with adopted policies, plans, or
programs supporting alternative transportation
(e.g., bus turnouts, bicycle racks)?
h) Other:
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporation
Less Than
Significant
Impact
No
Impact
o
o
r8J
r8J
r8J
r8J
r8J
r8J
Discussion: The acquisition of lands within the project area will have no impact on traffic and
circulation. The eventual redevelopment of the area has the potential to generate traffic. As stated in the
Air Quality section, the maximum potential traffic expected from buildout of the proposed project would
result in up to 6,579 average daily trips. The existing development within the area already generates
trips. On the basis of the existing uses, and assuming that all were fully occupied, the site currently
IS 26
o
r8J
o
o
o
r8J
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
I "
REDEVELOPMENT AGENCY
OF THE CITY OF SAN BERNARDINO
INITIAL STUDY
generates approximately 5,537 trips per dal. The existing development, therefore, generates similar
traffic levels, and redevelopment of the site will only represent an increase of 19% over current
conditions.
All development proposals within the project area will be reviewed by the City Engineer for their
potential need for traffic analysis as it relates to turning movements and intersection needs as the
proposals are presented to the City for review. These traffic analyses will include improvements to area
roadways, if warranted. The City Engineer will also review these proposals for safety issues. The
proposals will be required to conform to development code requirements for parking, and Fire
Department requirements for access.
The project area is currently served by public transit, and redevelopment of the area would have no
impact on this service.
Overall impacts associated with redevelopment of the project area are expected to be less than
significant.
2 "Trip Generation, 7'h Edition, prepared by the Institute of Transportation Engineers, and assuming categories: 944,
gas station; 220, apartments; 330, general office; 814, specialty retail; 932, high turnover restaurant; and 591,200 motel
rooms.
IS 27
, \
REDEVELOPMENT AGENCY
OF THE CITY OF SAN BERNARDINO
INITIAL STUDY
Less Than
Potentially Sign ifican t Less Than No
Significant With Significant Impact
Impact Mitigation Impact
Incorporation
XVI. UTILITIES AND SERVICE SYSTEMS -
Would the project:
a) Exceed wastewater treatment requirements of 0 0 0 C8J
the Santa Ana Regional Water Quality
Control Board?
b) Require or result in the construction of new 0 0 0 C8J
water or wastewater treatment facilities or
expansion of existing facilities, the
construction of which would cause significant
environmental effects?
c) Require or result in the construction of new 0 0 0 C8J
storm water drainage facilities or expansion of
existing facilities, the construction of which
could cause significant environmental effects?
d) Have sufficient water supplies available to 0 0 0 C8J
serve the project from existing entitlements
and resources, or are new or expanded
entitlements needed?
e) Result in determination by the wastewater 0 0 0 C8J
treatment provider which serves or may serve
the project that it has adequate capacity to
serve the project's projected demand in
addition to the provider's existing
commitments?
f) Be served by a landfill with sufficient 0 0 0 C8J
permitted capacity to accommodate the
project's solid waste disposal needs?
g) Comply with federal, state, and local statutes 0 0 0 C8J
and regulations related to solid waste?
h) Other: 0 0 0 C8J
Discussion: Acquisition of land will have no impact on public utilities. The site is currently fully
developed, and the eventual redevelopment of the area will be served by the same utilities and services
IS 28
, ,
J ..
REDEVELOPMENT AGENCY
OF THE CITY OF SAN BERNARDINO
INITIAL STUDY
which currently are provided there. The potential redevelopment project will not significantly increase
the amount of development, so that no significant increase in any service is expected to result. All
utilities and service providers include charges for connection and ongoing service provision, which are
designed to include increases in service needs.
Existing water, sanitary and storm sewer, and landfills are all expected to have sufficient facilities and
capacity to serve the proposed redevelopment project.
Overall impacts associated with utilities are expected to be insignificant.
IS 29
.. .
REDEVELOPMENT AGENCY
OF THE CITY OF SAN BERNARDINO
INITIAL STUDY
Potentially Less Than Less Than No
Significant Significant Significant Impact
Impact With Impact
Mitigation
Incorporation
XVII. MANDA TORY FINDINGS OF
SIGNIFICANCE
a) Does the project have the potential to degrade 0 0 0 [gl.
the quality of the environment, substantially
reduce the habitat of a fish or wildlife species,
cause a fish or wildlife population to drop
below self-sustaining levels, threaten to
eliminate a plant or animal community,
reduce the number or restrict the range of a
rare or endangered plant or animal or
eliminate important examples of major
periods of California history or prehistory?
b) Does the project have impacts that are 0 0 0 [gl
individually limited, but cumulatively
considerable? ("Cumulatively considerable"
means that the incremental effects of a project
are considerable when viewed in connection
with the effects of past projects, the effects of
other current projects, and the effects of
probable future projects.)
c) Does the project have environmental effects 0 [gl 0 0
which will cause substantial adverse effects
on human beings, either directly or indirectly?
Discussion: The development of the project site will have no impact on biological or cultural resources,
as the site is already developed.
The proposed project is in conformance with the land use designation assigned to the property in the
General Plan, and is consistent with the Central City North Redevelopment Plan. Cumulative impacts
studied in the General Plan EIR will therefore not be exceeded as a result of implementation of the
proposed project.
The proposed project will impact human beings in the area of air quality. Mitigation measures included
above, however, will reduce these potential impacts to less than significant levels.
IS 30
.' ,
REDEVELOPMENT AGENCY
OF THE CITY OF SAN BERNARDINO
INITIAL STUDY
REFERENCES. The following references cited in the Initial Study are on file in the Development
Services Department.
1. City of San Bernardino General Plan
2. City of San Bernardino General Plan Land Use Plan/Zoning Districts Map
3. City of San Bernardino Development Code (Title 19 of the San Bernardino Municipal Code)
4. City of San Bernardino Historic Resources Reconnaissance Survey
5. Alquist-Priolo Earthquake Fault Zones Map
6. South Coast Air Quality Management District, CEQA Air Quality Handbook
7. Federal Emergency Management Agency, Flood Insurance Rate Maps
8. Public Works Standard Requirements - Water
9. Public Works Standard Requirements - Grading
10. 'Trip Generation, 7th Edition," Institute of Transportation Engineers.
IS 31
** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
--
MoeHng D,je (D," Adt'd)' 11,1 ,17\
Vote: Ayes Nays
RESOLUTION AGENDA ITEM TRACKING FORM
c/ocl~OOS ~31
Item #
$"1
~3c;
Resolution #
Abstain
Absent
Change to motion to amend original documents D
Companion Resolutions
Null/Void After: days /
Resolution # On Attachments: D Note on Resolution of attachment stored separately: D
PUBLISH D
POST D
RECORD W/COUNTY D
By:
Date Sent to Mayor: \ \... .~ .... 0 ~
Date of Mayor's Signature: \1-\ '0 (oS
Date of Clerk/CDC Signature: " 'I 010
Reso. Log Updated: ~
Seal Impressed: JZJ;I'
Reso. # on Staff Report I2f
Date Memo/Letter Sent for Signature:
151 Reminder Letter Sent:
Date Returned:
2nd Reminder Letter Sent:
Not Returned: D
Request for Council Action & Staff Report Attached:
Updated Prior Resolutions (Other Than Below):
Updated CITY Personnel Folders (6413, 6429, 6433, 10584, 10585, 12634):
Updated CDC Personnel Folders (5557):
Updated Traffic Folders (3985,8234,655, 92-389):
//
NOr/BY-
No . By
No? By-
No! BY-
N02 By=
Yes
Yes
Yes
Yes
Yes
Copies Distributed to:
Animal Control D
City Administrator D
City Attorney D
Code Compliance D
Development Services D
Others:
/
EDA / Information Services D
Facilities D Parks & Recreation D
Finance D Police Department D
Fire Department D Public Services D
Human Resources D Water Department D
Notes:
/
Ready to File: ~
/
.--
Date:
\ \, lS" ,;\
Revised 12/18/03