HomeMy WebLinkAbout20-Development Services
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: James Funk, Director 0 !.-
.""':1
Dept: Development Services R J \,,1 i I V d L
Subject: Determination that certain
mitigation measures related to the San
Bernardino International Trade Center
Specific Plan have been completed.
Date: October 17, 200 I
MCC Date: November 5,2001
Synopsis of Previous Council Action:
1996. The Mayor and Common Council approved the San Bernardino International Trade Center
Specific Plan.
1999. The Mayor and Common Council approved revisions to the San Bernardino International
Trade Center Specific Plan.
Recommended Motion:
That the resolution be adopted.
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Contact person:
Valerie C. Ross
Phone:
384.5057
Supporting data attached: Staff Report, Resolution
Ward:
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FUNDING REQUIREMENTS: Amount: N/A
Source: (Acct. No.)
(Acct. Description)
Finance:
Council Notes:
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Agenda Item No. :;.0
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
SUBJECT: Resolution acknowledging that certain San Bernardino International Trade Center
Specific Plan mitigation measures have been satisfied by the Inland Valley
Development Agency with respect to the proposed Kohl's project.
Mayor and Common Council meeting of November 5, 2001
Aoolicant
Inland Valley Development Agency
294 S. Leland Norton Way, Suite #1
San Bernardino, CA 92408
REQUEST
In 1996, the Mayor and Common Council certified the Program Environmental Impact Report,
adopted the Mitigation Monitoring Program, and approved the San Bernardino International
Trade Center Plan. In 1999, the Mayor and Common Council re-certified the Program
Environmental Impact Report and approved revisions to the Specific Plan. The Specific Plan
includes the non-airport areas offormer Norton A.F.B., under the purview of the Inland Valley
Development Agency.
On October 11,2001, the City's Development/Environmental Review Committee considered
Development Permit III No. 01-20, a request to establish a 651,880 square foot
warehouseldistribution facility for Kohl's on approximately 59. 6 acres. The project site is
located on the north side of Mill Street, between Tippecanoe Avenue and Lena Road in the San
Bernardino International Trade Center - Trade Park land use district. The D/ERC reviewed an
Initial Study prepared for the project and determined that it was within the scope of the Specific
Plan and all potentially significant environmental effects were adequately analyzed in the
Program EIR. The D/ERC approved the proposed project, based on the Findings of Fact in
Development Code Section 19.44.060, subject to various Conditions of Approval, and Standard
Requirements. One ofthe conditions incorporated, by reference, the applicable mitigation
measures.
Two ofthe mitigation measures address fair-share contributions to traffic improvements and
capital improvements for police and fire protection services. The IVDA believes that certain
improvements it has completed, or contributed to their completion, satisfy the fair-share
requirements of these two mitigation measures. Staff concurs with the IVDA. The attached
resolution summarizes these improvements and their nexus to the fair-share requirements
(Exhibit 1). Exhibit 2 is a Trade Center Specific Plan Mitigation Cost Analysis prepared by
Public Works.
IVDA
Page 2 00
FINANCIAL IMPACT
None.
RECOMMENDATION
Staff recommends that the Mayor and Common Council adopt the resolution acknowledging that
certain San Bernardino International Trade Center Specific Plan mitigation measures have
previously been satisfied with respect to the proposed Kohl's project.
Exhibits:
1
2
Resolution
Trade Center Specific Plan Mitigation Cost Analysis
NDA
Page 3 of3
Exhibit 1
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RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO ACKNOWLEDGING
THAT SAN BERNARDINO INTERNATIONAL TRADE CENTER SPECIFIC PLAN
MITIGATION MEASURE NOS. 7-1 AND 10-1 HAVE BEEN SATISFIED BY THE
INLAND VALLEY DEVELOPMENT AGENCY WITH RESPECT TO THE
DEVELOPMENT PROJECT PROPOSED BY KOHL'S INC., AFFECTING A PORTION
OF "PARCEL 1-3" AT THE FORMER NORTON AIR FORCE BASE.
WHEREAS, the Inland Valley Development Agency, a joint powers authority (the
"IVDA") is a "local redevelopment authority" as this term is defined under the Defense
Authorization Amendments and Base Closure and Realignment Act of 1988, as amended, and
the IVDA has previously requested the City of San Bernardino (the "City") to establish a specific
plan as this term is defined at Government Code Section 65860, et seq., for guiding the civilian
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reuse and redevelopment of the former Norton Air Force Base; and
WHEREAS, the City has adopted the San Bernardino International Trade Center Specific
Plan, effective April 18, 1996, as amended by the City effective November 12, 1999
(collectively, the "Specific Plan"), which includes the lands transferred (or to be transferred) by
the United States Air Force to the IVDA at the former Norton Air Force Base for civilian reuse
and redevelopment; and
WHEREAS, the Specific Plan contemplates that civilian reuse and redevelopment of the
former Norton Air Force Base shall require that certain new public infrastructure facilities and
public safety emergency facilities be made available to meet the needs of the public at an
acceptable level of service, deemed satisfactory by the City, and that the determination of such
availability of such public infrastructure facilities and public safety emergency facilities shall be
22 made on a case-by-case basis by the City; and
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WHEREAS, Part IV D.2.3. of the Specific Plan describes this process of case-by-case
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determination by the City of availability with respect to public street improvements and facilities
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"Onsite: The initial road improvements constructed by the IVDA for Sheppard
Blvd. and portions of Tippecanoe Avenue and Del Rosa Drive, referred to as the
"Early Action Phase," will serve as the backbone circulation system for the
project along with the existing road network. As new construction occurs,
additional roadway improvements will be required. These will be determined on a
case-by-case basis as part of the development review process. It is anticipated
that each new project will be responsible for improving the roads that are
contiguous to the project site to the level of improvement identified in the
Specific Plan.
Offsite: Additional off-site improvements to the circulation network have been
identified as a result of the traffic study prepared for this Specific Plan. These
projects are identified as mitigation measures in the International Trade Center
Specific Plan Environmental Impact Report. The timing and amount of fair-share
contribution to these improvements is subject to separate negotiation and
agreement between the Inland Valley Development Agency, San Bernardino
International Airport Authority and the City of San Bernardino as defined by the
EIR mitigation measures." (Specific Plan; Part IV D.2.3); and
WHEREAS, Specific Plan Mitigation Measure No. 7-1
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which relates to public roads
"MITIGATION MEASURE:
7-1
Any Specific Plan project shall contribute, on a fair
mitigation of traffic impacts. Contributions shall be
following:
share basis, to
by one of the
a)
Implementation of the recommended intersection, traffic lane or
freeway improvements listed.
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b) Payment of dollar equivalent of the improvements to specific fund
for said improvements.
c) Implementation of additional capacity on parallel routes to offset
impacts on existing routes. Such additional capacity shall be
approved by the City prior to implementation credits being
allowed.
The City recogmzes a total of 46,520 vehicle trips from the
predevelopment status of the Base. Implementation or mitigation
measures shall not be required until this level of trips is generated
from the Specific Plan area. Exception to the above will apply
where intersections or lane configurations operate below level of
service D...;" and
WHEREAS, Specific Plan Mitigation Measure No. 10-1 which relates to new
development project public safety emergency capital facilities provides in relevant part as
follows:
"MITIGATION MEASURE:
10-1 The project proponent shall pay the project's fair-share portion of fees to
the City to cover additional capital improvement costs for police
protection and fire prevention services. Facilities may be provided in lieu
of payment of fees. The appropriate fee share or facilities will be
specified in a project finance plan to be approved by the City. Until such
time as a project finance plan is approved, project specific agreements
between the City and IVDA may be negotiated to ensure adequate
facilities for police and fire services;" and
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WHEREAS, Kohl's Corporation ("Kohl's") has submitted a development project
application to the City for a new regional warehouse facility (the "New Facility") of
approximately 652,000 square feet in size, to be constructed on an approximately 60 acre site on
a portion of Parcel 1-3 at the former Norton Air Force Base, and the New Facility shall generally
be situated near the northeasterly corner of the intersection of Lena Road and Mill Street; and
WHEREAS, the Common Council has previously adopted Resolution No. 2001-300,
dated September 17, 2001, relating to the deferral of the collection of certain regulatory fees and
public infrastructure capital charges associated with the New Facility; and
WHEREAS, on October 11, 2001, the City Development/Environmental Review
Committee considered and approved Development Permit III No. 01-20 for the New Facility,
subject to the conditions set forth in the development project approval recommendations of the
following City departments or divisions: Planning Division, Public Works Division, Fire
Department, Public Services Department, and Water Department; and
15 WHEREAS, the Common Council deems it appropriate to take the actions with respect to
the New Facility and the confirmation of the acceptance by the Common Council of the
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adequacy of certain development project mitigation measures contemplated under the Specific
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Plan which have previously been completed and installed by the IVDA prior to the submission
18 by Kohl's of its development project approval application for the New Facility.
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NOW, THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO DOES HEREBY RESOLVE, DETERMINE AND ORDER AS
FOLLOWS:
Section 1.
The information and all factual statements as set forth in the Recitals of
23 this Resolution are true and correct.
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improvements within the former Norton Air Force Base and the redevelopment project area of
the Inland Valley Redevelopment Project, and by capital expenditures of the IVDA and the San
Bernardino International Airport Authority for police and fire protection and emergency services
capital projects at the former Norton Air Force Base.
Section 3. The Project Mitigation Chapter of the Transportation Impact Analysis
appendix of the Final Environmental Impact Report for the Specific Plan, as previously certified
by the common Council sets forth an identification of the various public street and circulation
improvements which must be financed and installed as part of the implementation of
development project activity under the Specific Plan in order to mitigate and avoid adverse
environmental effects upon the public street circulation system of the community. The Common
Council hereby acknowledges receipt ofa report dated September 26, 2001, prepared by the City
Engineer entitled "Trade Center Specific Plan Mitigation Cost Analysis." The report of the City
Engineer provides satisfactory evidence that the implementation of the recommended
intersection and traffic and roadway improvements as identified in the Specific Plan as the
"Early Action Phase" and/or the "backbone circulation system" has been accomplished by the
IVDA. The report of the City Engineer indicates that when "adjusted for 2001 dollar values," all
of the public street improvements identified in the Traffic Impact Analysis of the Final
Environmental Impact Report for the Specific Plan as mitigation measures are presently
estimated to cost $30,302,200, and that as of the date of adoption of this Resolution, the IVDA
18 has completed the installation of the public street improvements within the estimated calendar
19 year 2001 dollar values:
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(1)
Tippecanoe Avenue between 3rd Street and Mill Street;
Del Rosa Avenue between 3rd Street and Harry Shepard Drive;
Harry Shepard Drive between Tippecanoe A venue easterly to the airport.
$8,200,840
(2)
Orange Show Road extension (IVDA portion);
Central Avenue between Tippecanoe Avenue and Palm Meadows Golf
course entrance;
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Tippecanoe A venue street traffic signal at Central Avenue.
$10,821,051
Mill Street roadway improvements between Tippecanoe Avenue and Lena
Road;
San Bernardino Avenue roadway improvements between Richardson
Street and Mountain View Avenue.
(3)
$962.486
Total public street improvement costs (2001 Dollars)
$19,984,377
The Common Council is informed and believes that the funds used and applied by the
IVDA to install the public street improvements identified above, were obtained by the IVDA
from capital grants provided by the state and federal government and from proceeds of bonds
issued by the IVDA. The Common Council hereby finds and determines as of the date of this
Resolution that the calendar year 2001 dollar value of such public street improvements
constitutes approximately 65% of the total estimated cost of designing and installing all of the
public street improvements identified as mitigation measures in the Transportation Impact
Analysis appendix of the Specific Plan Environmental Impact Report, and whereas the overall
development percentages up to and including the New Facility is far less than the amount
previously expended by the IVDA. The Common Council hereby further finds and determines
that the completion of the public street improvements identified in the preceding paragraph by
19 the IVDA provides for a full and adequate contribution on a fair share basis for the mitigation of
20 traffic impacts associated with the New Facility. This finding of the Common Council evidences
21 the satisfaction of Specific Plan Mitigation Measure No. 7-1 with respect to the New Facility.
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SBlAA to the City is now a fire protection and emergency services capital facility of the City
which is of benefit to all the lands and improvements within the former Norton Air Force Base
and the lands within the geographic and planning territory encompassed by the Specific Plan,
including without limitation, the site of the New Facility. The Common Council hereby finds and
determines that the lease and improvement by the SHIAA of the City Airport Fire Station as of
the date of this Resolution provides for a full and adequate contribution on a fair share basis for
the mitigation of impacts on the fire protection and emergency services capital facility
requirements of the City associated with the New Facility. The Common Council further finds
and determines that for approximately a two-year period of time the IVDA leased Building No.
925 to the City for an interim Police Station Facility while the present Police Station was under
construction. The lease of Building No. 925 was for nominal consideration which had a value to
the City in savings that far exceed any contributions that the New Facility would have been
otherwise required to make for police capital fees under the Specific Plan and the Mitigation
Measures. This finding of the Common Council evidences the satisfaction of Specific Plan
Mitigation Measure No.1 0-1 with respect to the New Facility with respect to both fire and police
capital fees.
Section 5. Notwithstanding any provision of Section 3 of this Resolution to the
contrary, the person or entity which undertakes the improvement of the New Facility in
accordance with the conditions of approval of City Development Permit III No. 01-20, shall be
18 financially responsible and shall pay for all costs of the installation of the public street and
19 roadway improvements identified for the New Facility under Paragraph 4 and Paragraph 7 of the
20 "Standard Requirements of the Department of Development Services/Public Works Division" as
21 included in City Development Permit III No. 01-20.
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Section 6. The provisions of this resolution and City Council Resolution No. 2001-
300 shall be of no further force and effect after October 11, 2003 unless prior to that date,
substantial commencement of construction of the New Facility shall have occurred.
Section 7.
This Resolution shall take effect upon adoption.
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RESOLUTION. ACKNOWLEDGING THAT SAN BERNARDINO
INTERNATIONAL TRADE CENTER SPECIFIC PLAN MITIGATION MEASURE
NOS. 7-1 AND 10-1 HAVE BEEN SATISFIED BY THE INLAND VALLEY
DEVELOPMENT AGENCY WITH RESPECT TO THE DEVELOPMENT PROJECT
PROPOSED BY KOHLS INC., AFFECTING A PORTION OF "PARCEL 1-3" AT THE
FORMER NORTON AIR FORCE BASE.
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I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
Common Council of the City of San Bernardino at a
meeting thereof,
day of
,2001, by the following vote, to wit:
held on the
AYES
NAYS
Council Members
ESTRADA
LIEN
12 MCGINNIS
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SCHNETZ
SUAREZ
ANDERSON
MCCAMMACK
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21 200 I.
The foregoing resolution is hereby approved this _ day of
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23 Approved as to form
and legal content:
24 JAMES F. PENMAN
25 City Attorney
Br 7,f<...-.-
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SB200l :29924.1 8
ABSTAIN
ABSENT
City Clerk
JUDITH V ALLES, Mayor
City of San Bernardino
CITY OF SAN BERNARDINO
DEVELOPMENT SERVICES DEPARTMENT
INTEROFFICE MEMORANDUM
EXHIBIT 2
TO: James Funk, Director of Development Services
FROM: \ !Raymond A. Casey, Deputy Director/ City Engineer
SUBJECT: Trade Center Specific Plan Mitigation Cost Analysis
DATE: October 16,2001
CC: Valerie Ross, Principal Plalmer
Attached is a copy of the information that Tim Porter completed for me relative to a San
Bernardino Trade Center Specific Plan Mitigation Cost Analysis. Both the project costs and the
original mitigation requirement estimates have been adjusted for 200 I dollars using the historical
Consumer Price Index (CPI) for the period in question.
Please let me know if you have any questions.
CI T Y
OF
SAN
BERNARDINO
Interoffice Memorandum
To: Ray Casey, Deputy Directorl City Engineer
From: I~Tim Porter, Civil Engineering Assistant III
Subject:
Date:
Copies:
Trade Center Specific Plan Mitigation Cost Analysis
September 26,2001
File No. 13.47, Reading
San Bernardino International Trade Center Infrastructure Improvements: All
improvement cost comparisons reflect current 200 I dollar values.
Phase I Improvements @ Tippecanoe Avenue, Del Rosa Ave., and Harry Shepard Drive:
Cost: $ 8,200,840.
Phase II Improvements @ Airport terminal renovation, Orange Show Road extension
(IVDA portion), Central Ave. sewer improvements, Central Ave.! Tippecanoe Ave.
signalization. Cost: $10,821,051.81
Phase III Improvements: Mill Street roadway improvements between Tippecanoe Ave. and
Lena Road. San Bernardino Ave. roadway improvements Richardson to Mt. View.
Cost: $962,486.82
Total Infrastructure Construction Costs: $19.984.378.63
San Bernardino International Trade Center Specific Plan:
Mitigation Cost Requirement: $30.302.199.78
The completed infrastructure improvement costs represent 66% of the SBITC Specific Plan
mitigation cost requirement.
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Trade Center Infrastructure Improvements
Project Location
Construction Cost
(When built)
Construction Cost
(2001)
PHASE I
A. Road Way Improvements
Tippecanoe Avenue
Del Rosa Avenue
Harry Shepara Drive
~
$6,722,000.00
.2QQ1
$8,200,840.00
PHASE II
A. Orange Show Road Ex!. (IVDA Portion)
1E9.Z
$9,133,734.00
$10,412,456.76
B. Palm Avenue Drive Sewer Improvements
.wlB.
$242,168.00
$288,179.92
C. Tippecanoe Avenue/Palm Meadow Drive
Traffic Signal
W.B
$112,537.50
$120,415.13
PHASE III
A. Mill Street Improvements
Tippecanoe Avenue/Lena Road
W.B
$683,671.28
$731,528.27
B. San Bernardino Avenue - Richardson to M!. View
jJl9.5
$199,102.20
$230,958.55
TOTAL
$17,093,212.98
$19,984,378.63
Trade Center Specific Plan
TO:
D~:~:p~~n~~~i~~~~~rtrr,: ' ll'tc.. '/S/o I
M,m"ud,m ".~ ~
Mayor and Common Council 'f "",,,,. ,'. ----..
~~
'~ :i"<y
FROM:
Ray Casey, City Engineer fl../-'
Valerie C. Ross, City Planner Yl!-
"
;~ ,~ j,. .;,~",';;;;..,d",
SUBJECT: Agenda Item No. 20 - IVDA Resolution
DATE: November 5, 2001
COPIES: Rachel Clark, City Clerk; James Penman, City Attorney; Fred Wilson,
City Administrator; James Funk, Director Development Services
The language on lines 1 - 16 on page 2 of the resolution are quotes from the San
Bernardino International Trade Center Specific Plan and should remain as written. The
citation in the resolution was changed to reflect Part VI of the Specific Plan.
When the Specific Plan was adopted in 1996, and modified in 1999, it was anticipated
that the Inland Valley Development Agency would complete certain physical
improvements to facilitate development/redevelopment offormer Norton A.F.B.
However, the level of improvements required with build-out of the Specific Plan is likely
to exceed the ability of the IVDA to complete. Therefore, individual development
projects will be required to complete certain improvements, consistent with Specific Plan
requirements.
The IVDA received a federal economic development grant to complete certain roadway
improvements including the improvements along Mill Street from Tippecanoe Avenue to
Lena Road. As a result, Kohl's and other projects in this vicinity won't have to do any
roadwork on Mill Street. Kohl's is required to complete certain improvements to Lena
Road, however. Development/redevelopment in other areas within the Specific Plan may
not have the same locational advantage as Kohl's, and these projects may have to
complete a greater level of contiguous off-site improvements based on their physical
location.
To further clarify, all projects will be required to complete various off-site and on-site
improvements, consistent with Specific Plan requirements. All projects will be evaluated
and analyzed on a case-by-basis. Language has been added to the resolution on page 7,
Section 7 to clarify that all development projects are required to comply with the
mitigation measures identified in the Specific Plan EIR, and that adoption of this
resolution does not set a precedent for any future development projects.
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RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO ACKNOWLEDGING
THAT SAN BERNARDINO INTERNATIONAL TRADE CENTER SPECIFIC PLAN
MITIGATION MEASURE NOS. 7-1 AND 10-1 HAVE BEEN SATISFIED BY THE
INLAND VALLEY DEVELOPMENT AGENCY WITH RESPECT TO THE
DEVELOPMENT PROJECT PROPOSED BY KOHL'S INC., AFFECTING A PORTION
OF "PARCEL 1-3" AT THE FORMER NORTON AIR FORCE BASE.
WHEREAS, the Inland Valley Development Agency, a joint powers authority (the
7 "IVDA") is a "local redevelopment authority" as this term is defined under the Defense
8 Authorization Amendments and Base Closure and Realignment Act of 1988, as amended, and
9 the IVDA has previously requested the City of San Bernardino (the "City") to establish a specific
plan as this term is defined at Government Code Section 65860, et seq., for guiding the civilian
10
reuse and redevelopment of the former Norton Air Force Base; and
11
12
WHEREAS, the City has adopted the San Bernardino International Trade Center Specific
13 Plan, effective April 18, 1996, as amended by the City effective November 12, 1999
14 (collectively, the "Specific Plan"), which includes the lands transferred (or to be transferred) by
15 the United States Air Force to the IVDA at the former Norton Air Force Base for civilian reuse
16 and redevelopment; and
17
WHEREAS, the Specific Plan contemplates that civilian reuse and redevelopment of the
18 former Norton Air Force Base shall require that certain new public infrastructure facilities and
19 public safety emergency facilities be made available to meet the needs of the public at an
20 acceptable level of service, deemed satisfactory by the City, and that the determination of such
21 availability of such public infrastructure facilities and public safety emergency facilities shall be
22 made on a case-by-case basis by the City; and
23
WHEREAS, Part VI D.2.3. of the Specific Plan describes this process of case-by-case
24
determination by the City of availability with respect to public street improvements and facilities
25 in the following terms:
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"Onsite: The initial road improvements constructed by the IVDA for Sheppard
Blvd. and portions of Tippecanoe Avenue and Del Rosa Drive, referred to as the
"Early Action Phase," will serve as the backbone circulation system for the
project along with the existing road network. As new construction occurs,
additional roadway improvements will be required. These will be determined on a
case-by-case basis as part of the development review process. It is anticipated that
each new project will be responsible for improving the roads that are contiguous
to the project site to the level of improvement identified in the Specific Plan.
Offsite: Additional off-site improvements to the circulation network have been
identified as a result of the traffic study prepared for this Specific Plan. These
projects are identified as mitigation measures in the International Trade Center
Specific Plan Environmental Impact Report. The timing and amount of fair-share
contribution to these improvements is subject to separate negotiation and
agreement between the Inland Valley Development Agency, San Bernardino
International Airport Authority and the City of San Bernardino as defined by the
EIR mitigation measures." (Specific Plan; Part VI D.2.3); and
WHEREAS, Specific Plan Mitigation Measure No. 7-1 which relates to public roads
provides in relevant part as follows:
"MITIGA nON MEASURE:
7-1 Any Specific Plan project shall contribute, on a fair share basis, to
mitigation of traffic impacts. Contributions shall be by one of the
following:
a) Implementation of the recommended intersection, traffic lane or
freeway improvements listed.
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b) Payment of dollar equivalent of the improvements to specific fund
for said improvements.
c) Implementation of additional capacity on parallel routes to offset
impacts on existing routes. Such additional capacity shall be
approved by the City prior to implementation credits being
allowed.
The City recogruzes a total of 46,520 vehicle trips from the
predevelopment status of the Base. Implementation or mitigation
measures shall not be required until this level of trips is generated
from the Specific Plan area. Exception to the above will apply
where intersections or lane configurations operate below level of
service D...;" and
WHEREAS, Specific Plan Mitigation Measure No. 10-1 which relates to new
development project public safety emergency capital facilities provides in relevant part as
follows:
"MITIGA nON MEASURE:
10-1 The project proponent shall pay the project's fair-share portion of fees to
the City to cover additional capital improvement costs for police
protection and fire prevention services. Facilities may be provided in lieu
of payment of fees. The appropriate fee share or facilities will be
specified in a project finance plan to be approved by the City. Until such
time as a project finance plan is approved, project specific agreements
between the City and IVDA may be negotiated to ensure adequate
facilities for police and fire services;" and
sa200l :29924.1
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WHEREAS, Kohl's Corporation ("Kohrs") has submitted a development project
application to the City for a new regional warehouse facility (the "New Facility") of
approximately 652,000 square feet in size, to be constructed on an approximately 60 acre site on
a portion of Parcel 1-3 at the former Norton Air Force Base, and the New Facility shall generally
be situated near the northeasterly comer of the intersection of Lena Road and Mill Street; and
WHEREAS, the Common Council has previously adopted Resolution No. 2001-300,
dated September 17, 2001, relating to the deferral of the collection of certain regulatory fees and
public infrastructure capital charges associated with the New Facility; and
WHEREAS, on October II, 2001, the City Development/Environmental Review
Committee considered and approved Development Permit III No. 01-20 for the New Facility,
subject to the conditions set forth in the development project approval recommendations of the
following City departments or divisions: Planning Division, Public Works Division, Fire
Department, Public Services Department, and Water Department; and
14
15 WHEREAS, the Common Council deems it appropriate to take the actions with respect to
16 the New Facility and the confirmation of the acceptance by the Common Council of the
adequacy of certain development project mitigation measures contemplated under the Specific
17
Plan which have previously been completed and installed by the rvDA prior to the submission
18 by Kohl's of its development project approval application for the New Facility.
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NOW, THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO DOES HEREBY RESOLVE, DETERMINE AND ORDER AS
FOLLOWS:
Section 1.
The information and all factual statements as set forth in the Recitals of
23 this Resolution are true and correct.
24
Section 2. The Common Council hereby acknowledges receipt of a request from the
25
IVDA to confirm that the development project mitigation measures for the New Facility
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encompassed within Specific Plan Mitigation Measure No. 7-1 and Measure No. 10-1, have been
27 satisfied by prior actions and capital expenditures of the IVDA for public street and circulation
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SB200L29924.!
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5 Section 3. The Project Mitigation Chapter of the Transportation Impact Analysis
6 appendix of the Final Environmental Impact Report for the Specific Plan, as previously certified
7 by the common Council sets forth an identification of the various public street and circulation
8 improvements which must be financed and installed as part of the implementation of
9 development project activity under the Specific Plan in order to mitigate and avoid adverse
environmental effects upon the public street circulation system of the community. The Common
10
Council hereby acknowledges receipt ofa report dated September 26,2001, prepared by the City
11
Engineer entitled "Trade Center Specific Plan Mitigation Cost Analysis." The report of the City
12 Engineer provides satisfactory evidence that the implementation of the recommended
13 intersection and traffic and roadway improvements as identified in the Specific Plan as the
14 "Early Action Phase" andlor the "backbone circulation system" has been accomplished by the
15 IVDA. The report of the City Engineer indicates that when "adjusted for 2001 dollar values," all
16 of the public street improvements identified in the Traffic Impact Analysis of the Final
Environmental Impact Report for the Specific Plan as mitigation measures are presently
17
estimated to cost $30,302,200, and that as of the date of adoption of this Resolution, the IVDA
18 has completed the installation of the public street improvements within the estimated calendar
19 year 2001 dollar values:
improvements within the former Norton Air Force Base and the redevelopment project area of
the Inland Valley Redevelopment Project, and by capital expenditures of the IVDA and the San
Bernardino International Airport Authority for police and fire protection and emergency services
capital projects at the former Norton Air Force Base.
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(1)
Tippecanoe Avenue between 3rd Street and Mill Street;
Del Rosa Avenue between 3rd Street and Harry Shepard Drive;
Harry Shepard Drive between Tippecanoe Avenue easterly to the airport.
$8,200,840
(2)
Orange Show Road extension (IVDA portion);
Central Avenue between Tippecanoe Avenue and Palm Meadows Golf
course entrance;
SB2001 :29924.1
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Tippecanoe A venue street traffic signal at Central Avenue.
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The Common Council is informed and believes that the funds used and applied by the
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IVDA to install the public street improvements identified above, were obtained by the IVDA
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from capital grants provided by the state and federal government and from proceeds of bonds
12 issued by the IVDA. The Common Council hereby finds and determines as of the date of this
13 Resolution that the calendar year 2001 dollar value of such public street improvements
14 constitutes approximately 65% of the total estimated cost of designing and installing all of the
15 public street improvements identified as mitigation measures in the Transportation Impact
Analysis appendix of the Specific Plan Environmental Impact Report, and whereas the overall
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$10,821,051
(3)
Mill Street roadway improvements between Tippecanoe A venue and Lena
Road;
San Bernardino Avenue roadway improvements between Richardson
Street and Mountain View Avenue.
$962.486
Total public street improvement costs (2001 Dollars)
$19,984,377
development percentages up to and including the New Facility is far less than the amount
previously expended by the IVDA. The Common Council hereby further finds and determines
18 that the completion of the public street improvements identified in the preceding paragraph by
19 the IVDA provides for a full and adequate contribution on a fair share basis for the mitigation of
20 traffic impacts associated with the New Facility. This finding of the Common Council evidences
21 the satisfaction of Specific Plan Mitigation Measure No. 7-1 with respect to the New Facility.
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Section 4. The Common Council has approved and the City has entered into with
SBlAA a certain long-term lease for the lease of a fire protection and emergency services facility
at the airport (the City Fire Station) pursuant to which the rent payable each year thereunder by
25 the City to the SBlAA is $1.00, and that the SBlAA has further caused to be installed and
26 improved at the City Fire Station, at no cost to the City, approximately $144,000 in fire station
27 heating and air conditioning improvements. The City Fire Station as improved and leased by the
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SBlAA to the City is now a fire protection and emergency services capital facility of the City
which is of benefit to all the lands and improvements within the former Norton Air Force Base
and the lands within the geographic and planning territory encompassed by the Specific Plan,
including without limitation, the site of the New Facility. The Common Council hereby finds and
determines that the lease and improvement by the SBIAA of the City Airport Fire Station as of
the date of this Resolution provides for a full and adequate contribution on a fair share basis for
the mitigation of impacts on the fire protection and emergency services capital facility
requirements of the City associated with the New Facility. The Common Council further finds
and determines that for approximately a two-year period of time the IVDA leased Building No.
925 to the City for an interim Police Station Facility while the present Police Station was under
construction. The lease of Building No. 925 was for nominal consideration which had a value to
the City in savings that far exceed any contributions that the New Facility would have been
otherwise required to make for police capital fees under the Specific Plan and the Mitigation
Measures. This finding of the Common Council evidences the satisfaction of Specific Plan
Mitigation Measure No. 10-1 with respect to the New Facility with respect to both fire and police
capital fees.
Section 5. Notwithstanding any provision of Section 3 of this Resolution to the
contrary, the person or entity which undertakes the improvement of the New Facility in
accordance with the conditions of approval of City Development Permit III No. 01-20, shall be
financially responsible and shall pay for all costs of the installation of the public street and
19 roadway improvements identified for the New Facility under Paragraph 4 and Paragraph 7 of the
20 "Standard Requirements of the Department of Development ServicesIPublic Works Division" as
21 included in City Development Permit III No. 01-20.
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26 Section 7. This Resolution shall take effect upon adoption. Nothing contained in this
27 resolution shall apply to any subsequent projects undertaken within the planning territory
Section 6. The provisions of this resolution and City Council Resolution No. 2001-
300 shall be of no further force and effect after October 11, 2003 unless prior to that date,
substantial commencement of construction of the New Facility shall have occurred.
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encompassed by the Specific Plan nor shall this resolution be deemed to be a precedent for a
similar request by a subsequent project. it is the intent herein that the IVDA shall comply with all
required mitigation measures prior to any other new development applications being made within
the Specific Plan territory.
III
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III
SB200L29924.1
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RESOLUTION. ACKNOWLEDGING THAT SAN BERNARDINO
INTERNATIONAL TRADE CENTER SPECIFIC PLAN MITIGATION MEASURE
NOS. 7-1 AND 10-1 HAVE BEEN SATISFIED BY THE INLAND VALLEY
DEVELOPMENT AGENCY WITH RESPECT TO THE DEVELOPMENT PROJECT
PROPOSED BY KOHLS INC., AFFECTING A PORTION OF "PARCEL 1-3" AT THE
FORMER NORTON AIR FORCE BASE.
1 HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
meeting thereof,
Common Council of the City of San Bernardino at a
9 held on the
10 Council Members
day of
,2001, by the following vote, to wit:
ABSENT
ABSTAIN
AYES
NAYS
11
ESTRADA
21
The foregoing resolution is hereby approved this _ day of
22 2001.
23
JUDITH VALLES, Mayor
City of San Bernardino
24 Approved as to form
25 and legal content:
JAMES F. PENMAN
26 City Attorney
27 By:~7-~
28 (J
SB2001 :29924.1 9
,
** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Meeting Date (Date Adopted): 1[-5-0 \ Item #
Vote: Ayes 1-,/ Nays.G-
Change to motion to amend original documents: -
'ZO Resolution # '26(')\ -34~
Abstain k}- Absent --e-
Reso. # On Attachments: =-- Contract term: -
Note on Resolution of Attachment stored separately: ...:=:..
Direct City Clerk to (circle I): PUBLISH, POST, RECORD W/COUNTY By:
NullNoid After: -
Date Sent to Mayor: 11- '\~a \
Date of Mayor's Signature: \\ ~'1--o \
Date of clerk/cDC Signature: I r'l-O )
Reso. Log Updated: ,./
Seal Impressed: ,.-/'
Date M molLetter Sent for Signature:
60 Day Reminder Letter Sent on
90 Day Reminder Letter Sent on 45th day:
See Attached:
See Attached:
ee Attached:
Date Returned: _
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):
YesL No By
Yes No~ By
Yes No ,/ By
Yes No / By
Yes No / By
Copies Distributed to:
City Attorney V Code Compliance
Dev. Services ~ EDA
Finance
MIS
Parks & Rec.
Police
Public Services
Water
Others:
Notes:
BEFORE FILING. REVIEW FORM TO ENSURE ANY NOTATIONS MADE HERE ARE TRANSFERRED TO THE
YEARLY RESOLUTION CHRONOLOGICAL LOG FOR FUTURE REFERENCE (Contract Term, etc.)
Ready to File: ~ Date:.
Revised 01/12/01