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HomeMy WebLinkAbout01- Tricity Corporate GRESHAM, VARNER, SAVAGE, NOLAN & TILDEN LAW OFFICES ALLEN B•GRESHAM CRAIG O.DOBLER 600 NORTH ARROWHEAD AVENUE,SUITE 300 WILLIAM GUTHRIE(1886.1947) BRUCE D.VARNER DARYL H.CARLSON PHILIP M.SAVAGE,III RICHARD D.MARCA SAN BERNARDINO, CALIFORNIA 92401 DONALD W.JORDAN(1907.1989) JOHN C.NOLAN PATRICK G.MITCHELL JOHN B.LONERGAN(RETIRED 1978) M.WILLIAM TILDEN MICHAEL G.WOLF (909)884-2171 (909) 824-9(3U JAMES E.GOOD JAY C.EGENES TELECOPIER RIVERSIDE OFFICE MARK A.OSTOICH PENELOPE ALEXANDER (909) 686-2120 3737 MAIN STREET,SUITE 800 THOMAS N.JACOBSON TARA REILLY WIRTZ STEPHAN G.SALESON JAMES H.BAXTER RIVERSIDE,CALIFORNIA 92501 ROBERT W.ROBIN BRAMLETT RCOCHRAN B ENDAN W BRANDT June 25, 1993 TELEPHONE(909)274-7777 FRANK J.DELANY RONALD D•GETCHEY VICTORVILLE OFFICE DUKE D.ROUSE SAUL JAFFE 14011 PARK AVENUE,SUITE 140 JOHN B.McCAULEY DAVID P.RUTH ERNEST E.RIFFENBURGH ELIZABETH A.BIANCO VICTORVILLE,CALIFORNIA 92392 MICHAEL DUANE DAVIS D.ANTHONY RODRIGUEZ TELEPHONE(619)243-2889 BART W.BRIZZEE HAND DELIVERED Mr. James F. Penman City Attorney City of San Bernardino 300 North "D" Street San Bernardino, California 92418 Re: Special Meeting of the Mayor and Common Council of the City of San Bernardino, Monday, June 28, 1993 - 9:00 a.m. - Council Chambers Dear Jim: The Special Meeting of the Mayor and Common Council of the City of San Bernardino set for Monday, June 28, 1993 at 9:00 a.m. in Council Chambers is invalid due to the City's failure to comply with California Government Code Section 54956 which requires the City to post public notice at least 24 hours prior to the meeting in a location that is freely accessible to the members of the public. No posting was made with respect to Monday's meeting. Moreover, the City's failure to post public notice constitutes a violation of Section 35 of the Charter of the City of San Bernardino, which requires all meetings of the Common Council to be public. Pursuant to California Government Code Sections 54960, 54960.1 and 54960.5, any action taken at such a meeting is subject to mandamus proceedings by the Superior Court. If you have any questions with respect to the foregoing, please contact me immediately. Very truly yours, Mark A. Ostoich of GRESHAM, VARNER, SAVAGE, NOLAN & TILDEN mao/pmr M W\Rancon\CityLtrs\R388-000 r 4FFIt,'t Li sj + 28 ;:+, 5 + VANIR Development Company,Inc. MEMORANDUM To: Phil Arviso, Executive Assistant to the Council (as instructed by Ralph Hernandez, Councilman) cc: Redevelopment Committee Valerie Pope-Ludlum, Chairwoman Ralph Hernandez, Committee Member Eddie Negrete, Committee Member From: Vanir Development Company, Inc. Date: June 24, 1993 Subject: Downtown Revitalization Enclosed is a partial list of tenants that have relocated from Downtown San Bernardino through aggressive solicitation by various Hospitality Lane developers. The City of San Bernardino, through the redevelopment process, has made it possible for the Hospitality Lane developers to provide substantial incentives and cheaper rates in order to get their projects leased by passing these incentives directly to the tenants. Unfortunately, they have focused on marketing the tenants from Downtown rather than bringing new companies and new businesses from outside the San Bernardino area. Had these incentives been utilized strictly for new companies and businesses outside San Bernardino,both Hospitality Lane and Downtown would be very healthy business-wise. The redevelopment process has had a substantial adverse effect on the Downtown and, specifically, the Vanir Tower. For example, over the past several years, each tenant in the Vanir Tower which we brought to San Bernardino through our own marketing efforts was aggressively solicited by Hospitality Lane developers upon lease renewal and offered from six months to one year free rent, moving expenses, tenant improvements and other incentives to move to the Hospitality Lane area. These tenants who have moved from Downtown to Hospitality Lane total in excess of 500,000 square feet, or approximately four buildings the size of the Vanir Tower. Since the developers eventually raise the a 0 Phil Arviso, Executive Assistant to the Council June 24, 1993 Page 2 rates back to market rates, the tenants do not gain any long-term financial benefits. It is beyond reason that the Mayor and the Council continually complain about the failure of the Downtown when, in fact, the process which they are in charge of is the major cause of the problem. Downtown San Bernardino and its business have been substantially damaged by this effort. In order to reverse this process, the City of San Bernardino needs to make a major commitment to Existing Downtown Businesses. PARTIAL LIST OF TENANT RELOCATIONS FROM DOWNTOWN SAN BERNARDINO TO HOSPITALITY LANE AREA AETNA FORD MOTOR CREDIT CORP. 303 E. Vanderbilt Way 1911 S. Commercenter East ARIAS, MACLACHLTN, BURFORD GENERAL MOTORS ACCEPTANCE CORP. ATTORNEYS AT LAW 268 W. Hospitality Lane 560 E. Hospitality Lane JUDICIAL ARBITRATION& MEDIATION ATKINSON, ANDERSON, 650 E. Hospitality Lane LOYA, RUUD & ROMO 348 Hospitality Lane KELLOGG & MORELAND 1881 Business Center Drive BARBIZON SCHOOL OF MODELING 636 Brice Drive KELLY SERVICES, INC. 1950 Sunwest Lane CALIFORNIA TEACHERS ASSOCIATION 1906 S. Commercenter E. LEMAIRE & FAUNCE, PROFESSIONAL CORP. CHICAGO TITLE INSURANCE AND TRUST 242 E. Airport Drive 625 Carnegie Drive MERRILL LYNCH BRIAN W. COLLINS, ATTORNEY AT LAW 301 Vanderbilt Way 1845 S. Business Center Drive METROPOLITAN LIFE INSURANCE 621 Carnegie Drive CONNECTICUT GENERAL LIFE INSURANCE 225 W. Hospitality Lane TIMOTHY PAUL MILLER& ASSOCIATES 1881 S. Commercenter East CONTINENTAL LAWYERS TITLE INSURANCE CO. MUTUAL OF OMAHA 1845 Business Center Drive 1845 S. Business Center Drive DISTRICT ATTORNEY NATIONAL EDUCATION CENTER CHILD SUPPORT DIVISION 825 E. Hospitality Lane 1950 Sunwest Lane NEW YORK LIFE LAW FIRM OF EGGER& HALLETT 560 E. Hospitality Lane 222 W. Hospitality Lane OCCIDENTAL MORTGAGE ELLIS & ASSOCIATES 268 W. Hospitality Lane 225 W. Hospitality Lane PATTERSON RITNER LOCKWOOD ZANGHI FIREMANS FUND & GARTNER, ATTORNEYS AT LAW 301 Vanderbilt Way 325 W. Hospitality Lane PRUDENTIAL 225 W. Hospitality Lane DONALD PERRY RHODES, ATTORNEY AT LAW 16.3 W. Hospitality Lane SAM BERNARDINO COUNTY HALL OF RECORDS 222 W. Hospitality Lane STANFIELD & WARNER 412 W. Hospitality Lane STATE FUND 375 W. Hospitality Lane ROBERT WHEELAND, ATTORNEY 348 W. Hospitality Lane 1 RESOLUTION NO. 94-154 2 RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING THE NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND THE MITIGATION 3 MONITORING/REPORTING PROGRAM; AND ADOPTING AND AUTHORIZING THE EXECUTION OF DEVELOPMENT AGREEMENT NO. 92-01 (TRICITY CORPORATE 4 CENTRE PROJECT) . 5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 6 SECTION 1. RECITALS 7 A. WHEREAS, the Mayor and Common Council adopted the General 8 Plan for the City of San Bernardino by Resolution No. 89-159 on 9 June 2 , 1989 ; and 10 B. WHEREAS, the General Plan made provisions for the 11 adoption of development agreements and development plans to further 12 implement the goals, objectives and policies; and 13 C. WHEREAS, Development Agreement No. 92-01 will vest the 14 developer with the right to develop the subject property in 15 accordance with the TriCity Corporate Centre Land Use Plan And 16 Design Guidelines (Land Use Plan) and will ensure that 17 infrastructure and improvements are constructed for the 152 . 7 acre 18 project site which is generally located north of I-10 and the Santa 19 Ana River and between Waterman Avenue and the Gage Canal. The 20 TriCity Corporate Centre Project includes Development Code 21 Amendment No. 92-13 , which will add the Land Use Plan into the 22 Development Code as an overlay district and Conditional Use Permit 23 No. 92-33 , which will provide public review of eight (8) buildings 24 proposed to exceed 4 stories (or 52 feet) in height at locations 25 within the project area as specified by the Land Use Plan; and 26 27 28 1 500-z4000' i 1 1 RESOLUTION ADOPTING NEGATIVE DECLARATION AND AUTHORIZING EXECUTION OF DCA NO. 92-01 (TRICITY CORPORATE CENTRE PROJECT) 2 D. WHEREAS, an Initial Study was prepared for the project 3 and tiered from the 1983 Environmental Impact Report (EIR) that was 4 prepared for the TriCity Redevelopment Area Development Plan in 5 accordance with Section 15180 of the California Environmental 6 Quality Act (CEQA) Guidelines which provides for the evaluation of 7 the TriCity Corporate Centre Project under the contents and 8 findings of the original EIR and the determination of whether any 9 subsequent environmental documentation is required based on current 10 environmental conditions and/or new information; and 11 E. WHEREAS, on December 17 , 1992 the Environmental Review 12 Committee determined that while Development Code Amendment No. 92- 13 13 , Conditional Use Permit No. 92-33 and Development Agreement No. 14 92-01 could result in significant environmental effects on a 15 regional scale (based on the overall square footage of the 16 project) , the effects can be mitigated to below a level of 17 significance; and 18 F. WHEREAS, the Initial Study and the Mitigated Negative 19 Declaration were made available to the public, responsible agencies 20 and other interested persons for their review and comment from 21 December 25, 1992 to January 22 , 1993 , as required by CEQA; and 22 G. WHEREAS, verbal and written comments were received on the 23 Initial Study and the Mitigated Negative Declaration; and 24 H. WHEREAS, these comments were responded to both orally and 25 in writing as required by CEQA; and 26 I. WHEREAS, on January 28 , 1993 the Development Review 27 Committee recommended clearance of the Development Code Amendment, 28 2 1 RESOLUTION ADOPTING NEGATIVE DECLARATION AND AUTHORIZING EXECUTION OF DCA NO. 92-01 (TRICITY CORPORATE CENTRE PROJECT) 2 Conditional Use Permit and Development Agreement to the Planning 3 Commission; and 4 J. WHEREAS, the Planning Commission conducted a noticed 5 public hearing on April 20, 1993 in order to receive public 6 testimony and written and oral comments on Development Code 7 Amendment No. 92-13 , Conditional Use Permit No. 92-33 and 8 Development Agreement No. 92-01; and 9 K. WHEREAS, the proposed Mitigation Monitoring/Reporting 10 Program was reviewed by the Planning Commission in compliance with 11 CEQA; and 12 L. WHEREAS, the Planning Commission, after receiving public 13 testimony, recommended adoption of the Mitigated Negative 14 Declaration, adoption of the Mitigation Monitoring/Reporting 15 Program, approval of Development Code Amendment No. 92-13 , approval 16 of Conditional Use Permit No. 92-33 and approval of Development 17 Agreement No. 92-01; and 18 M. WHEREAS, the Mayor and Common Council conducted a noticed 19 public hearing on May 24 , 1993 and fully reviewed and considered 20 the Mitigated Negative Declaration, the Mitigation 21 Monitoring/Reporting Program, Development Code Amendment No. 92-13, 22 Conditional Use Permit No. 92-33 and Development Agreement No. 92- 23 01 , the Planning Division staff reports and the recommendation of 24 the Planning Commission. 25 SECTION 2 . NEGATIVE DECLARATION 26 NOW, THEREFORE BE IT RESOLVED, FOUND AND DETERMINED by the 27 Mayor and Common Council that the proposed Development Agreement 28 3 1 RESOLUTION ADOPTING NEGATIVE DECLARATION AND AUTHORIZING EXECUTION OF DCA NO. 92-01 (TRICITY CORPORATE CENTRE PROJECT) 2 will have no significant effect on the environment, and the 3 Mitigated Negative Declaration heretofore prepared by the 4 Environmental Review committee as to the effect of this proposed 5 Agreement is hereby ratified, affirmed and adopted. 6 SECTION 3 . MITIGATION MONITORING/REPORTING PROGRAM 7 BE IT FURTHER RESOLVED by the Mayor and Common Council that 8 the Mitigation Monitoring/Reporting Program is hereby ratified, 9 affirmed and adopted. The Mitigation Monitoring/Reporting Program 10 is attached hereto as Exhibit C to Attachment A (Development 11 Agreement) and incorporated herein by reference. The Mitigated 12 Negative Declaration and the Mitigation Monitoring/Reporting 13 Program reflect the independent review and analysis and the 14 independent judgment of the City of San Bernardino. 15 SECTION 4 . DEVELOPMENT AGREEMENT FINDINGS 16 BE IT FURTHER RESOLVED by the Mayor and Common Council of the 17 City of San Bernardino that: 18 A. Development Agreement No. 92-01 is not in conflict with 19 the goals, objectives and policies of the General Plan. 20 B. Development Agreement No. 92-01 is consistent with the 21 Development Code. 22 C. Development Agreement No. 92-01 will promote the welfare 23 and public interest of the City. 24 SECTION 5. DEVELOPMENT AGREEMENT ADOPTION 25 BE IT FURTHER RESOLVED by the Mayor and Common Council that: 26 A. Development Agreement No. 92-01 is hereby adopted and 27 will govern the development of the TriCity Corporate 28 4 1 RESOLUTION ADOPTING NEGATIVE DECLARATION AND AUTHORIZING EXECUTION OF DCA NO. 92-01 (TRICITY CORPORATE CENTRE PROJECT) 2 3 Centre Project area as specifically described in the 4 Development Agreement labeled Attachment A, a copy of 5 which is attached and incorporated herein by reference. 6 B. In addition to the Mitigation Monitoring/Reporting 7 Program (Exhibit C) , Development Agreement No. 92-01 8 includes the following documents as exhibits: 1. ) Legal 9 Description of Property (Parcel Maps Attached) (Exhibit 10 A-1) ; 2 . ) Legal Description of Landfill (Parcel Maps 11 Attached) (Exhibit A-2) ; and, 3 . ) TriCity Corporate 12 Centre Land Use Plan And Design Guidelines (Exhibit B) . 13 Copies of Exhibits A-1, A-2 and B are labeled (as 14 indicated) , attached and incorporated herein by 15 reference. 16 C. The Mayor is hereby authorized and directed to execute, 17 on behalf of said City, Development Agreement No. 92-01. 18 D. The authorization to execute Development Agreement No. 19 92-01 is rescinded if the parties to the agreement fail 20 to execute it within sixty (60) days of the passage of 21 this Resolution. 22 E. Development Agreement No. 92-01 shall take effect upon 23 the effective date of the adoption of this Resolution. 24 SECTION 6. NOTICE OF DETERMINATION 25 The Planning Division is hereby directed to file a Notice of 26 Determination with the County Clerk of the County of San Bernardino 27 certifying the City's compliance with the California Environmental 28 5 t 1 RESOLUTION ADOPTING NEGATIVE DECLARATION AND AUTHORIZING EXECUTION OF DCA NO. 92-01 (TRICITY CORPORATE CENTRE PROJECT) 2 Quality Act in preparing the Negative Declaration and Mitigation 3 Monitoring/Reporting Program. 4 5 SECTION 7. RECORDATION 6 The developer shall record the Development Agreement in the 7 Office of the County Recorder no later than ten (10) days after it 8 is executed by the parties. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 6 1 RESOLUTION . . .ADOPTING THE NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND THE MITIGATION MONITORING/REPORTING PROGRAM; AND 2 ADOPTING AND AUTHORIZING THE EXECUTION OF DEVELOPMENT AGREEMENT NO. 92-01 (TRICITY CORPORATE CENTRE PROJECT) . 3 4 I HEREBY CERTIFY that the foregoing resolution was duly 5 adopted by the Mayor and Common Council of the City of San 6 Bernardino at a regular meeting therefore held on the 7 24th day of May 1993 , by the following vote to 8 wit: 9 Council Members AYES NAYS ABSTAIN ABSENT 10 ESTRADA x 11 REILLY x 12 HERNANDEZ x 13 MAUDSLEY _x 14 MINOR _x 15 POPE-LUDLAM x 16 MILLER x 17 18 City -Clerk The foregoing resolution is hereby approved this ,4' 19 day of May 1993 . 20 21 W.R. Holcomb, Mayor 22 City of San Bernardino Approved as to 23 form and legal content: 24 JAMES F. PENMAN City ttorney n 25 By: 26 27 28 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: RANCON REALTY FUND IV AND RANCON REALTY FUND V C/O RANCON FINANCIAL CORPORATION 27720 Jefferson Avenue Temecula, CA 92590 Attn: Master Files Space Above This Line For Recorder's Use DEVELOPMENT AGREEMENT between RANCON REALTY FUND IV AND RANCON REALTY FUND V and CITY OF SAN BERNARDINO M,1Y I u 1393 C,Tv OF !7MN 9!:9r:A P^1rao 5f-93\T:\City.Dev\ERW\ar e TABLE OF CONTENTS Section Page 1 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2 Exhibits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 3 Mutual Benefits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 4 Interest of Developer . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 5 Binding Effect of Agreement . . . . . . . . . . . . . . . . . . . . . . . 5 6 Project as a Private Undertaking . . . . . . . . . . . . . . . . . . . . 5 7 Land Uses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 8 Term . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 9 Changes in Project . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 10 Hold Harmless . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 11 Vested Right . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 12 General Development of the Project . . . . . . . . . . . . . . . . . 7 13 Rules, Regulations and Official Policies . . . . . . . . . . . . . . . 10 14 Amendment or Cancellation of Agreement . . . . . . . . . . . . . 11 15 Enforcement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 16 Periodic Review of Compliance With Agreement . . . . . . . . . 11 17 Events of Default . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 18 Institution of Legal Action . . . . . . . . . . . . . . . . . . . . . . . . . 12 19 Waivers and Delays . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 20 Notices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 5-6-93\T:\City.Dev\ERW\ar i 21 Attorney's Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 22 Transfers and Assignments . . . . . . . . . . . . . . . . . . . . . . . 13 23 Cooperation in the Event of Legal Challenge . . . . . . . . . . . 14 24 Authority to Execute . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 25 Recordation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 26 Protection of Mortgagees . . . . . . . . . . . . . . . . . . . . . . . . . 14 27 Severability of Terms . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 28 Section Headings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 29 Incorporation of Recitals and Exhibits . . . . . . . . . . . . . . . . 15 30 Rules of Construction and Miscellaneous Terms . . . . . . . . . 16 31 Effect on Title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 EXHIBIT "A-1" LEGAL DESCRIPTION OF PROPERTY (PARCEL MAPS ATTACHED) "A-2" LEGAL DESCRIPTION OF LANDFILL (PARCEL MAPS ATTACHED) "B" LAND USE PLAN AND DESIGN GUIDELINES FOR DEVELOPMENT OF THE PROPERTY "C" MITIGATION MONITORING AND REPORTING PROGRAM 5-6-93\T:\Gty.Dev\ERW\ar II 1 The parties agree as follows: 1. Definitions. 1.1 "Agreement" is this Development Agreement. 1.2 "Agreement Date" is the effective date of the City's resolution approving this Agreement. 1.3 "City" is the City of San Bernardino, California. 1.4 "Design Guidelines" are those design guidelines set forth in the Land Use Plan. 1.5 "Developer" is collectively Rancon Realty Fund IV, a California limited partnership, and Rancon Realty Fund V, a California limited partnership, and their respective successors in interest to all or any part of the Property. 1.6 "Development Plan" is the plan for the development of the Project described within this Agreement and all attachments (Exhibits) and more specifically as defined in the Tri-City Corporate Centre Land Use Plan and Design Guidelines. 1.7 "Effective Date" is that date which is the later to occur of: (a) the time for filing a referendum petition relating to this Agreement expires if no such petition is filed within such period; or (b) the results of a referendum election are declared approving this Agreement if a referendum petition is filed within the applicable period. 1.8 "Hazardous Materials" means any substance the presence of which requires investigation or remediation under any federal, state or local statute, regulation, ordinance, order, action, policy or common law; or which is or becomes defined as a "hazardous waste", "hazardous substance", pollutant or contaminant under any federal, state or local statute, regulation, rule or ordinance or amendment thereto including without limitation, the Comprehensive Environmental Response, Compensation and Liability Act (42 U.S.C. section 9601 et seq.); and/or the Resource Conservation and Recovery Act (42 U.S.C. section 6901 et seq.); or which is toxic, explosive, corrosive, flammable, infectious, radioactive, carcinogenic, mutagenic, or otherwise hazardous and is or becomes regulated by any governmental authority, agency, department, commission, board, agency or instrumentality of the United States, the State of California or any political subdivision thereof; or the presence of which on the Property causes or threatens to cause a nuisance upon the Property or to adjacent properties or poses or threatens to pose a hazard to the health or safety of persons on or about the Property; or the presence of which on adjacent properties could constitute a trespass, without limitation which contains gasoline, diesel fuel or other petroleum hydrocarbons or without limitation which contains polychlorinated biphenyls (PCB's), asbestos or urea formaldehyde foam insulation or without limitation radon gas. 5.6-93\T:\Qty.Uev\ERW\ar 3 ' sl� 1.9 "Landfill" is that area of real property described in Exhibit "A-2" and commonly known as the Park Center Landfill. 1.10 "Land Use Plan" is the Tri-City Corporate Centre Land Use Plan and Design Guidelines, attached hereto as Exhibit "B" and incorporated herein by this reference. 1.11 "Project" includes the existing development on the Property and the proposed development on the Property of an additional 36 buildings encompassing 2.11 million square feet of building area and associated amenities. The additional buildings will range in height from 1-story to 20-stories in general accordance with the Land Use Plan. 1.12 "Property" is the real property on which the Project will be located as described on Exhibit "A-1". 2. Exhibits. The following documents are referred to in this Agreement, attached hereto and incorporated herein by this reference: Exhibit Designation Description A-1 Legal Description of the Property (Parcel Maps attached) A-2 Legal Description of Landfill (Parcel Maps attached) B Land Use Plan and Design Guidelines for Development of the Property C Mitigation Monitoring and Reporting Program 3. Mutual Benefits. This Agreement is entered into for the purpose of carrying out the Development Plan for the Project in a manner that will insure certain anticipated benefits to both City (including, without limitation, residents of City) and Developer as set forth in this section. City and Developer agree that certain assurances on the part of each party as to the Project will be necessary to achieve those desired benefits. 3.1 Benefits to City. The benefits to City (including, without limitation, the residents of City) under this Agreement include, but are not limited to: (a) improvements to roadways, parkways and sidewalks; (b) an increase in property tax revenues and sales tax revenues to be derived by the City; (c) the creation of jobs within the City; and (d) the closure, in accordance with applicable regulations, of that portion of the Property consisting of approximately 19 acres, which overlies a landfill formerly operated by the City and commonly known as the Park Centre Landfill. 3.1.1 Reservation of Land for Public Purposes. The Developer acknowledges the potential need for Right-of-Way to be dedicated to the City, for the proposed North/South 5-693\T:\City.Dev\ERW\ar 4 Corridor. This new roadway, a part of the City General Plan circulation element, if required, would run from Tri-City Corporate Centre north across the Santa Ana River towards Mill Street. The Developer agrees to avoid any development of the required Right-of-Way until such time as its necessity can be determined. 3.2 Benefits to Developer. Developer has expended and will continue to expend substantial amounts of time and money on the planning and infrastructure construction of the Project. In addition, Developer will expend substantial amounts of time and money in constructing public improvements and facilities and in providing for public services in connection with the Project. Developer would not make such additional expenditures without this Agreement and such additional expenditures will be made in reliance upon this Agreement. The benefit to Developer under this Agreement consists of the assurance that Developer will preserve the right to develop the Property as planned and as set forth in the Development Plan. 4. Interest of Developer. Developer represents that Developer is the fee owner of substantially all of the Property. 5. Binding Effect of Agreement. The burdens of this Agreement bind and the benefits of this Agreement inure to the successors in interest of the parties thereto. 6. Project as a Private Undertaking. It is specifically understood and agreed by and between the parties hereto that the development of the Project is a private development, that neither parry is acting as the agent of the other in any respect hereunder, and that each party is an independent contracting entity with respect to the terms, covenants and conditions contained in this Agreement. No partnership,joint venture or other association of any kind is formed by this Agreement. The only relationship between City and Developer is that of a government entity regulating the development of private property by the owner of such property. 7. Land Uses. Permitted land uses shall be those allowed in the Land Use Plan. The Land Use Plan allows an "Alternate" Land Use for the Landfill in the event the market demand does not indicate a need for buildings. This "Alternate Land Use" would allow Developer to transfer the affected building area to other areas within the Project as described in the Land Use Plan. In no event would the height of any buildings or the number of buildings increase as a result of this alternate land use. Notwithstanding the references in this Agreement to the Landfill, no provision in this Agreement is intended to, nor shall be deemed to, affect or modify the previously existing legal rights or obligations of the parties hereto, if any, with respect to the presence, if any, of any "Hazardous Materials" upon, about or beneath the Landfill or migrating to or from the Landfill. 8. Term. The term of this Agreement shall commence upon the Effective Date and shall continue until all permits and approvals required to complete the development of the 5-6-93\T:\C1ty.Dev\ERW\ar 5 Project as contemplated by the Development Plan have been issued; provided however, that, in no event shall such term extend beyond June 15, 2018. 9. Changes in Project. Except as otherwise provided in 12.4 hereafter, Developer shall not be entitled to any change, modification, revision or alteration in the Development Plan relating to the permitted uses of the Property, intensity of use, the maximum height and size of proposed buildings or the provision, if any, for reservation or dedication of land for public purposes without review and approval by the City. Subject to the foregoing provisions of this Section 9, City acknowledges that Developer may seek new entitlements to use and amendments to entitlements to use in connection with the development of the Project. The approval of any such amendments or new entitlements to use shall be in the sole discretion of City in the manner described in 12.4. 10. Hold Harmless. 10.1 Developer will defend, indemnify and hold the City and its elected officials, officers and employees free and harmless from any loss, cost or liability which result from any legal challenge to the City's actions in approving or implementing this Agreement. 10.2 Included in the scope of the foregoing indemnification will be all damages and claims for damages which are suffered or alleged to have been suffered by reason of the matters which are the subject to the applicable indemnification and all of the associated legal fees and court costs (but not internal costs). Without limiting the effect of the foregoing, the Developer will have the right to defend against any claim with respect to which it is indemnifying the City, using legal counsel of its choice. The City will cooperate with the Developer and will give the Developer its full support in connection with any claim with respect to which the Developer is indemnifying the City and the City will not settle any such claim without the Developer's consent. 11. Vested Right. By entering into this Agreement and relying thereon, Developer is obtaining a vested right to proceed with the Project in accordance with the Development Plan and the City is securing certain public benefits which help to alleviate current or potential problems in City and enhance the public health, safety and welfare. City therefore agrees to the following: 11.1 No Conflicting Enactments. No ordinance, policy, rule, regulation or other measure enacted by the City Council or City or any other agency of City which relates to the rate, timing or sequencing of the development or construction of all or any part of the Project or which is otherwise in conflict with the Project as described in this Agreement shall be applicable to the Project during the term of this Agreement. 11.2 Intent of Parties. Subject to the provisions of Section 15.3, below, in addition to and not in limitation of the foregoing, it is the intent of Developer and City that no moratorium or other limitation (whether relating to the rate, timing or sequencing of the 5.6-93\T:\City.Dev\ERMar 6 development or construction of all or any part of the Project and whether or not enacted by initiative or otherwise) affecting subdivision maps, building permits, occupancy certificates or other entitlements to use approved, issued or granted within City, or portions of City, shall apply to the Project to the extent such moratorium or other limitation is in conflict with this Agreement. The foregoing shall not be deemed to limit the Developer's right to appeal any determination of such ordinance, general plan or zoning amendment, measure, policy, rule, regulation, moratorium or other limitation which purports to invalidate or prevail over all or any part of this Agreement. City agrees to cooperate with Developer in all reasonable manners in order to keep this Agreement in full force and effect. 12. General Development of the Project. 12.1 Proiect. While this Agreement is in effect, Developer shall have a vested right to develop the Project in accordance with the terms and conditions of this Agreement, and City shall have the right to control the development of the Project in accordance with the terms and conditions of this Agreement. Except as otherwise specified in this Agreement, the Development Plan shall control the overall design, development and construction of the Project. The permitted uses of the Property, the density and intensity of use, the maximum height and size of proposed buildings, the provision for reservation and dedication of land for public purposes and other terms and conditions of development applicable to the Property shall be those set forth in the Development Plan. 12.2 Phasing and Timing of Development. The parties acknowledge that although Developer currently anticipates that the Project will be phased and constructed in increments over an approximately twenty five (25) year time frame, at the present time Developer cannot predict when or the order in which Project phases will be developed. Such decisions depend upon numerous factors which are not within the control of Developer, such as market orientation and demand, interest rates, competition and other similar factors. To the extent permitted by the Development Plan and this Agreement, Developer shall, during the term of this Agreement, have the right to develop the Project in phases in such order and at such times as Developer deems appropriate within the exercise of its subjective business judgment so long as the Project is constructed as an integrated master planned development as contemplated by the Development Plan. City agrees that Developer shall be entitled to apply for and receive tentative maps, vesting tentative maps, building permits, occupancy certificates and other entitlements to use at any time, in as expeditious a manner as possible provided that such application is made in accordance with the Development Plan. 12.3 Effect of Agreement on Land Use Regulations. The rules, regulations and official policies governing permitted uses of the Property, the intensity of use of the Property, the maximum height and size of proposed buildings and the design, improvement and construction standards and specifications applicable to development of the Property are those rules, regulations and official policies in effect as of the 5-6-93\T:\City.Dev\ERW\ar 7 0 Agreement Date except as provided in Sections 13.1 and 15.1. In connection with any approval which City is permitted or has the right to make under this Agreement relating to the Project, or otherwise under its rules, regulations and official policies, City shall exercise its discretion to take action in a manner which is as expeditious as possible and which complies and is consistent with the Development Plan and the standards, terms and conditions contained in this Agreement, and in a manner which will not interfere with the development of the Project for the uses and to the height, density and intensity specified in this Agreement or with the rate of development selected by Developer. City shall accept for processing and timely review and act on all applications for further land use entitlement approvals with respect to the Project called for or required under this Agreement in as expeditious a manner as is possible. Such application shall be processed in the normal manner for processing such matters. 12.4 Changes and Amendments. The parties acknowledge that refinements and further development of the Project may demonstrate that changes are appropriate with respect to the details and performance of the parties under this Agreement. The parties desire to retain a certain degree of flexibility with respect to the details of the Project development and with respect to those items covered in general terms under this Agreement. If and when the parties find that changes or adjustments are necessary or appropriate, they shall, unless otherwise required by law, effectuate such changes or adjustments as follows: 12.4.1 Plannina and Building Services Department Director Authority, subject to appeal permitted by the Municipal Code shall apply to the following requests for change or modification: (a) Approval of minor site plan revisions; (b) Changes in building phasing; (c) Approval of shared parking analysis; (d) Building elevations; (e) Annual review and approval of the Mitigation Monitoring and Reporting Program; (f) Downward change in size of individual buildings (i.e., less height or size than indicated in the Land Use Plan); and (g) Minor revisions to Design Guidelines. 5.6-93\T:\C1ty.Dev\ERMar 8 0 12.4.2 Planning Commission Authority, subject to appeal permitted by the Municipal Code shall apply to the following requests for change or modification: (a) Change in total number of proposed buildings; (b) Approval of major site plan revisions; (c) Major revisions to Design Guidelines; (d) Minor revisions to Land Use Plan when uses could be considered accessory to already approved uses; and (e) Increase/decrease in number of lots. 12.4.3 City Council Authority shall apply to the following requests for change or modification: (a) Alteration of the permitted uses of the Property; (b) Increase in the intensity of use or the number of lots; other than that described in "Alternate Land Use" for Landfill; (c) Increase in the maximum height and size in permitted buildings; and (d) Deletion of a requirement for the reservation or dedication of land for public purposes except for minor boundary adjustments approved by the City Planning and Building Services Department. 12.5 Mello-Roos Community Facilities District, Other Assessment District or Financing Mechanisms. Pursuant to Chapter 2.5 (commencing with Section 53312) Part I, Division 2, Title 5 of the Government Code, commonly known as the "Mello-Roos Community Facility Act of 1982", Developer may, at its sole election, petition the City Council of City to establish a community facilities district including the Property for the purpose of acquiring, constructing and financing through the sale of bonds the acquisition and construction of certain public facilities which are necessary to meet increased demands placed on City as a result of the development of Developer's Property. Alternatively, or in addition thereto, Developer may request that City initiate and complete proceedings under the Municipal Improvement Act of 1911, the Municipal Improvement Act of 1913, the Improvement Bond Act of 1915, the Landscaping and Lighting Act of 1972, or any and all other available financing mechanisms to provide public conduit financing for the construction of public improvements on the Property. If so requested by Developer, City shall cooperate with Developer and use its best efforts in taking all steps necessary to cause the community facilities district or other entity to issue bonds for such purposes. 5.6-93\T:\C1ty.Dev\ERW\ar 9 12.6 Consistency Between This Agreement and Current Laws. City represents that there are no rules, regulations, ordinances or official policies of City enforced as of the date of execution of this Agreement that would interfere with the completion or use of the Project according to the Development Plan. 12.7 Assessments and Fees. City shall not, without the prior written consent of Developer, impose any assessment or fee applicable only and exclusively to this development. All other fees or assessments payable to City shall be at rates applicable on the date the fee is due and payable. City shall have no liability to Developer arising out of the imposition of assessments or fees applicable to the development of the Project by some other governmental agency. 12.8 Subsequent Actions. City shall timely process, in as expeditious a manner as possible for processing such matters, any necessary entitlements to use, including parcel maps, vesting tentative tract maps, tentative tract maps, conditional use permits, or other discretionary approvals or entitlements to use contemplated by the Development Plan, and any grading, construction or other permits filed by Developer in accordance with the substantive development standards set forth in the Development Plan. 13. Rules. Regulations and Official Policies. 13.1 New Rules. This Agreement shall not prevent City from applying new rules, regulations and policies relating to uniform Codes such as the Uniform Building Code, Uniform Electrical Code, Uniform Mechanical Code or Uniform Fire Code, which: (a) relate to public safety; (b) are based on recommendations of a multi-state professional organization; and (c) become applicable throughout City. 13.2 New Laws. In the event that state or federal laws or regulations, enacted after this Agreement is executed, prevent or preclude compliance with one or more of the provisions of this Agreement, such provisions of this Agreement shall be modified or suspended as may be necessary to comply with such state or federal laws or regulations; provided, however, that this Agreement shall remain in full force and effect to the extent it is not inconsistent with such laws or regulations and to the extent such laws or regulations do not render such remaining provisions impractical to enforce. 13.3 Subsequent Actions and Approvals. In accordance with Government Code Section 65866, this Agreement shall not prevent City in subsequent actions applicable to the Property from applying new rules, regulations and policies which do not conflict with those existing rules, regulations and policies set forth in the Development Plan, nor shall this Agreement prevent City from denying or conditionally approving any subsequent development project application on the basis of such existing or new rules, regulations or policies. 5-6-93\T:\City.Dev\ERW\ar 10 14. Amendment or Cancellation of Agreement. This Agreement may be amended or canceled in whole or in part only by mutual consent of the parties in the manner provided for in Government Code Section 65868. 15. Enforcement. Unless amended or canceled as provided in Section 14, or modified or suspended pursuant to Government Code Section 65869.5, and except as otherwise provided in Government Code Section 65865.3(b), this Agreement is enforceable by either parry hereto notwithstanding any change in any applicable general or specific plan, zoning, subdivision or building regulation or other applicable law or regulation adopted by City (or by the voters of City unless found by a court of competent and final jurisdiction to prevail over this Agreement) which alters or amends the Development Plan or the timing of any development. 15.1 Police Power/Public Necessity. In all cases, the language in this Agreement will be construed simply, according to its fair meaning and not strictly for or against either party, it being agreed that the parties or their agents have participated in the preparation of this Agreement. Without limiting the effect of the foregoing, the parties acknowledge and agree that the City is restricted in its authority to limit its police power by contract and that the limitations in this Agreement are intended to reserve to the City all of its police powers, which cannot be so limited. This Agreement will be construed, contrary to its stated terms if necessary, to reserve to the City all police power which cannot be restricted by contract including, without limitation, the power to respond to compelling public necessity where a failure to do so would place residents of the City in a condition dangerous to their health or safety or both. To that end, the City may condition or deny any permit, approval, extension or entitlement sought pursuant to this Agreement by Developer, if the City determines either that (i) a failure to do so would place residents of the City in a condition dangerous to their health or safety, or both, or (ii) the condition or denial is required in order to comply with state or federal law. 16. Periodic Review of Compliance With Agreement. 16.1 Periodic Review. City and Developer shall periodically review this Agreement during the term hereof every year from the date this Agreement is executed. City shall notify Developer in writing of the date for review at least forty five (45) days prior thereto. The Developer shall submit an application to the City for review of this agreement at least thirty (30) days prior to the anniversary of the agreement. 16.2 Good Faith Compliance. During each periodic review, the Developer is required to demonstrate good faith compliance with the terms of this Agreement. The Developer agrees to furnish such reasonable evidence of good faith compliance in the exercise of reasonable discretion as may be required. I 5.6.93\T:\City.Dev\ERMar 11 17. Events of Default. 17.1 Default by Developer. If City determines on the basis of substantial evidence that Developer has not complied in good faith with the terms and conditions of this Agreement, City shall, by written notice to Developer, specify the manner in which Developer has failed to so comply and state the steps Developer must take to bring itself into compliance. If, within ninety (90) days after the effective date of notice from City specifying the manner in which Developer has failed to so comply, Developer does not commence all steps reasonably necessary to bring itself into compliance as required and thereafter diligently pursue such steps to completion, then Developer shall be deemed to be in default under the terms of this Agreement and City may terminate this Agreement. 17.2 Default by City. If Developer determines on the basis of substantial evidence that City has not complied in good faith with the terms and conditions of this Agreement, Developer shall, by written notice to City, specify the manner in which City has failed to so comply and state the steps City must take to bring itself into compliance. If, within ninety (90) days after the effective date of notice from Developer specifying the manner in which City has failed to so comply, City does not commence all steps reasonably necessary to bring itself into compliance as required and thereafter diligently pursue such steps to completion, then City shall be deemed to be in default under the terms of this Agreement and Developer may terminate this Agreement or seek specific performance as set forth in Section 17.3. 17.3 Specific Performance Remedy. In the event of a default by City under Section 17.2 above, the parties agree that any remedy at law that Developer may have would be inadequate and that the Developer will pursue only the available equitable remedies including, without limitation, the remedies of temporary and permanent injunction and specific performance and excluding specifically any compensation in damages. In any such action, the Developer will not be required to prove the inadequacy of remedies at law, as a condition of pursuing its equitable remedies. 18. Institution of Lecaal Action. Any action by either parry to this Agreement shall be brought in the Superior Court for San Bernardino County, California. 19. Waivers and Delays. 19.1 Waiver. Failure by a party to insist upon the strict performance of any of the provisions of this Agreement by the other party, and failure by a party to exercise its rights upon a default by the other party hereto, shall not constitute a waiver of such parry's right to demand strict compliance by such other party in the future. 12 i-&93\T:\City.Dev\ERMar 19.2 Third Parties. Nonperformance shall not be excused because of a failure of a third person except as provided in Section 19.3 below. 19.3 Force Majeure. Neither party shall be deemed to be in default or failure or delay in performance of any of its obligations under this Agreement if caused by floods, earthquakes, other Acts of God, fires, wars, riots or similar hostilities, strikes, other labor difficulties, government regulations or other causes beyond either of the parties' control. If any such event shall occur, the term of this Agreement and the time for performance by Developer of any of its obligations hereunder or pursuant to the Development Plan shall be extended by the period of time that such events prevent a construction of the Project. 20. Notices. All notices required or provided for under this Agreement shall be in writing and delivered in person or deposited in the United States mail, postage prepaid and addressed as follows: TO CITY: City of San Bernardino 300 North "D" Street San Bernardino, CA 92418 Attn: Director of Planning and Building Services TO DEVELOPER: Rancon Realty Fund IV and Rancon Realty Fund V 27720 Jefferson Avenue Temecula, CA 92590 Attn: General Counsel Either party may change the address stated herein by giving notice, in writing, to the other party and thereafter notices shall be addressed and submitted to the new address. 21. Attorney's Fees. If legal action is brought by either party against the other for breach of this Agreement, or to compel performance under this Agreement, the prevailing party shall be entitled to an award of reasonable attorneys' fees and costs which may include, without limitation, fees of City's City Attorney. 22. Transfers and Assignments. 22.1 Right to Assign. Developer shall have the right to sell, assign or transfer this Agreement, and any and all of its rights, duties and obligations hereunder, to any person or entity at any time during the term of this Agreement, provided, however, in no event shall the rights, duties and obligations conferred upon Developer pursuant to this Agreement be at any time so transferred or assigned except through a transfer of an interest of Developer in the Property, or portion thereof, so transferred. In the event of any such assignment, either the transferee or Developer shall be liable for the performance 5.6 93\T:\City.Dev\ERW\ar 13 0 of all obligations of Developer. Such transferee or Developer shall notify City in writing of the transfer of such obligations within thirty (30) days of the effective date of the transfer. 22.2 Release Upon Transfer. Upon the sale, transfer or assignment of Developer's rights and interest under this Agreement as permitted pursuant to Section 22.1, Developer shall be released from its obligations under this Agreement and all of owner's obligations pursuant to the Development Plan, or other agreements assumed by transferee with respect to the Property, or portion thereof, so transferred provided that: (a) Developer is not then in default under the Agreement; (b) Developer or transferee has provided City notice of such transfer; and (c) the transferee executes and delivers to City a written agreement in which: (i) the name and address of the transferee is set forth; and (ii) the transferee expressly and unconditionally assumes all of the obligations of Developer under this Agreement with respect to the Property, or a portion thereof, so transferred. 23. Cooperation in the Event of Legal Challenge. In the event of any litigation challenging the effectiveness of this Agreement, or any portion hereof, this Agreement shall remain in full force and effect while such litigation, including any appellate review, is pending, unless otherwise ordered by a Court of Law. 24. Authority to Execute. The person or persons executing this Agreement on behalf of Developer warrant and represent that they have the authority to execute this Agreement on behalf of their corporation, partnership or business entity and warrant and represent that they have the authority to bind Developer to the performance of its obligations hereunder. 25. Recordation. This Agreement and any amendment or cancellation hereto shall be recorded in the Office of Official Records of the County of San Bernardino, by the City Clerk within the period required by Section 65868.5 of the Government Code. 26. Protection of Mortgagees. Developer and City agree that this Agreement shall not prevent or limit Developer, in any manner, at Developer's sole discretion, from encumbering the Property or any portion thereof or any improvement thereon by any mortgage, deed of trust or other security device securing financing with respect to the Property. City acknowledges that the lenders providing such financing ("Mortgagees") may require certain Agreement interpretations and modifications and agrees upon request, from time to time, to meet with Developer and representatives of such Mortgagees to negotiate in good faith any such request for interpretation or modification. City will not unreasonably withhold its consent to any such requested interpretation or modification provided such interpretation or modification is consistent with the intent and purposes of this Agreement. Any Mortgagee of all or any portion of the Property shall be entitled to the following rights and privileges: 5-6-93\T:\Qty.Dev\ERw\ar 14 (a) Neither entering into this Agreement nor a breach of this Agreement shall defeat, render invalid, diminish or impair the lien of any mortgage on all or any portion of the Property made in good faith and for value, unless otherwise required by law. (b) Any Mortgagee of a mortgage or deed of trust encumbering all or any portion of the Property which has submitted a request in writing to the City in the manner specified herein for giving notices shall be entitled to receive written notification from City of any default by Developer in the performance of Developer's obligations under this Agreement. (c) If City timely receives a request from a Mortgagee requesting a copy of any notice of default given to Developer under the terms of this Agreement, City shall provide a copy of that notice to the Mortgagee within ten (10) days of sending the notice of default to Developer. The Mortgagee shall have the right, but not the obligation, to cure the default during the remaining cure period allowed such parry under this Agreement. (d) Any Mortgagee who comes into possession of all or any portion of the Property, pursuant to foreclosure of the mortgage or deed of trust, or deed in lieu of such foreclosure, shall take the Property, or part thereof, subject to the terms of this Agreement. Notwithstanding any other provision of this Agreement to the contrary, no Mortgagee shall have an obligation or duty under this Agreement to perform any of Developer's obligations or other affirmative covenants of Developer hereunder, or to guarantee such performance provided, however, that to the extent that any covenant to be performed by Developer is a condition precedent to the performance of a covenant by City, the performance hereof shall continue to be a condition precedent to City's performance hereunder, and further provided that any sale, transfer or assignment by any Mortgagee in possession shall be subject to the provisions of Section 22 of this Agreement. 27. Severability of Terms. If any term, provision, covenant or condition of this Agreement shall be determined invalid, void or unenforceable, the remainder of this Agreement shall not be affected thereby to the extent such remaining provisions are not rendered impractical to enforce. 28. Section Headings. All section headings and subheadings are inserted for convenience only and shall not affect any construction or interpretation of this Agreement. 29. Incorporation of Recitals and Exhibits. Incorporation of Recitals and Exhibits. Recitals A through J and attached Exhibits "A-1," "A-2," "B" and "C" are hereby incorporated herein by this reference as though fully set forth. 5--93\T:\City.Dev\ERW\ar 15 30. Rules of Construction and Miscellaneous Terms. 30.1 Gender. The singular includes the plural; the masculine gender includes the feminine; "shall" is mandatory, "may" is permissive. 30.2 Time of Essence. Time is of the essence regarding each provision of this Agreement in which time is an element. 30.3 Cooperation. Each party covenants to take such reasonable actions and execute all documents that may be necessary to achieve the purposes and objectives of this Agreement. 31. Effect on Title. Developer and City agree that this Agreement shall not create an encumbrance on any portion of the Property which is sold to an ultimate user of all or any portion of the Property. 56.93\T:\C4.Dev\ERW\ar 16 The parties have executed this Development Agreement on the date and year first written above. RANCON REALTY FUND IV, a California limited partnership By: Rancon Financial Corporation, a California corporation, its general partner By: Robert H.S. Kirkpatrick, President RANCON REALTY FUND V, a California limited partnership By: Rancon Financial Corporation, a California corporation, its general partner By: Robert H.S. Kirkpatrick, President "Developer" CITY OF SAN BERNARDINO, a Municipal Corporation By: Its: Mayor "City" Signed and Certified that a copy of this document has been delivered to the Mayor of the City By: City Clerk Approved as to form and legal content: By: Attorney I 5.6-93\T:\City.Dev\ERMar 17 STATE OF CALIFORNIA ) : SS. COUNTY OF ) On this day of 1993, before me, a Notary Public in and for said County and State, personally appeared Robert H.S. Kirkpatrick, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Notary Public in and for said County and State STATE OF CALIFORNIA ) ss. COUNTY OF ) On this day of 1993, before me, a Notary Public in and for said County and State, personally appeared Robert H.S. Kirkpatrick, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Notary Public in and for said County and State 5-6-93\T:\City.Dev\ERW\ar 18 STATE OF CALIFORNIA ) : ss. COUNTY OF SAN BERNARDINO ) On this day of 1993, before me, a Notary Public in and for said County and State, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed this instrument as Mayor of the City of San Bernardino and acknowledged to me that the City of San Bernardino executed it. WITNESS my hand and official seal. Notary Public in and for said County and State 5-6-93\T:\City.Dev\ERMar 19 4 EXHIBIT "A-1" LEGAL DESCRIPTION OF PROPERTY All that certain real property located in the City of San Bernardino, County of San Bernardino, State of California, described as follows: 5-6-93\T:\City.Dev\ERW\ar A-1-1 E X H I B I T L E G A L D E S C R I P T I O N Lots 8 through 14 , and Lots 27 through 34 , of Tract No . 12034 , per Book 168 of Maps , Pages 75-87 , Records of San Bernardino County . Contains 179 .801 acres , more or less . JOHN R. DA N a 354 N P• 6-30.96 Q . q�F OF CA1.� WA TERNAN A VENUE 1 0 � r- t o r �4 N = i C cn I G � r r LA N Z t m a -6 \ o = 1 h a a ua / to all �[ T \ o ^_ ` 'e C y a � ` a ��S s z r o � O AWN EXHIBIT "A-2" LEGAL DESCRIPTION OF LANDFILL 5-6-93\T:\City.Dev\ERW\ar A-2-1 E X H I B I T "A - 2 " L E G A L D E S C R I P T I O N Being a portion of Lots 31 through 34 , of Tract No . 12034 , per Book 168 of Maps , Pages 75-87 , Records of San Bernardino County , described as follows ; Beginning at the southwest corner of said Lot 31 ; thence northerly along said Tract boundary the following courses , North 0° O1 ' 02" East , a distance of 606 .58 feet to the point of curvature of a non-tangent curve , concave to the northwest , having a radius of 3013 .76 feet , a central angle of 120 31 ' 58" , from which the radius of said curve bears North 220 06 ' 58 " West ; thence northeasterly along said curve , a distance of 659 .22 feet ; thence South 890 44 ' 02" East , a distance of 352 .90 feet ; thence North 15° 38 ' 34" East , a distance of 412 .81 feet to the point of curvature of a non-tangent curve , concave to the northwest , having a radius of 3013 .76 feet , a central angle of 20 20 ' 38" , from which the radius of said curve bears North 460 16 ' 02" West ; thence northeasterly along said curve , a distance of 123 .28 feet ; thence North 410 23 ' 20" East , a distance of 659 .31 feet; thence South 650 07 ' 40 " East , a distance of 27 .83 feet to the point of curvature of a non-tangent curve , concave to the northeast , having a radius of 3000 .69 feet , a central angle of 30 45 ' 40 " , from which the radius of said curve bears North 260 26 ' 25 " East; thence southeasterly along said curve , a distance of 196 .98 feet ; thence South 00 01 ' 01 " East , a distance of 155 .00 feet ; thence leaving said Tract boundary , North 650 00 ' 00 " West , a distance of 289 . 11 feet ; thence South 00 01 ' 01 " East , a distance of 341 .54 feet; thence South 20° 00 ' 00" West , a distance of 550 .00 feet ; thence North 890 44 ' 02" West , a distance of 335 .00 feet ; thence South 00 01 ' 02" West , a distance of 964 .95 feet ; thence North 890 44 ' 11 " West , a distance of 981 .63 feet ; thence North 00 01 ' 02" East , a distance of 42 .99 feet to the POINT OF BEGINNING . Excepting those portions southerly of the northerly right-of-way of Vanderbilt Way and Carnegie Drive . Contains 23 .968 acres , more or less . JOHN R. DAWS61� a {47, EML 6.30.96 Q 9INNFOf L\`p��� CA 0 sAvm srxc r• 3w WrAF OMrA A1ME A IU! AAC TANmVr C 1 I2.31'Si' 3013.76' 851'.22' 330.93' C 2 02'X'3/' 3013.76' 123.119' 81.85' C 3 03'45'40' 3000.119' Iso.919' 98.52' LIP£ WARING OISTAN E L I S 85'07'40'£ 27.83' 00 L 2 S '01'01'£ 155.00' L 3 N 00'01'02'£ 42.99' �a t 34 Lp NANO SG9 = J IIT• �V. o. 3 i E:'. 5-30-91 3 CA S_M 02'£ _819 44'O2'V Otis �� 352.90' 33S.OG' - �'e• - — 33 I / 15� N- 1 w� 32 0 $- I OR I VE N 1919'41'11'V mi.a3' VMVERB/L T WA G E X H / 8 / T 'A - 2 " P L A T ( L ANOF / L L 5 1 TE ) EXHIBIT "B" LAND USE PLAN AND DESIGN GUIDELINES FOR DEVELOPMENT OF THE PROPERTY i 5-6-93\T:\City.Dev\ERMar B-1 EXHIBIT "C" MITIGATION MONITORING AND REPORTING PROGRAM 5-6-93\T:\City.Dev\EFW\ar C-1 EXHIBIT 1 ' E CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES DEPARTMENT AGENDA ITEM #5 SUMMARY HEARING DATE April 20 , 1993 WARDS 1 and 3 Development Code Amendment APPLICANT: MacDonald Properties , Inc W No . 92-1,3 , Conditional Use 20301 S .W. Birch , Ste . 10 Santa Ana Heights , CA..9270 N Permit No . 92-33 and Develop- ment Agreement No . 92-01 OWNER: Rancon Realty Funds IV & 27720 Jefferson Avenue Temecula , California 92390 The applicant requests approval of a Development Code Amendment to establish the TriCity Corporate Centre Land Use Plan and De- F„ sign Guidelines as an overlay district (Development Code Chapter W19 . 11 ) . The applicant requests approval of a conditional use permit to construct 8 buildings on the TriCity Corporate Centre C3 site proposed to exceed 4 stories in height . The applicant also W requests approval of a Development Agreement which would It establish the terms for future development on the site and pro- vide the developer with a vested right to develop using the W TriCity Corporate Centre Land Use Plan and Design Guidelines . cc Q EXISTING GENERAL PLAN PROPERTY LAND USE ZONING DESIGNATION Subject Vacant land & Commercial CR-3 Comm. Regional-TriCity/Club Office uses North Vacant land , Santa Ana PFC & Pub . Flood Cntrl/& Ind . Heavy River Wash IH South Santa Fe Railroad eastment and industrial uses East Vac nt land , Com . retail CR-3 Comm.Regional-TriCity/Club an single family uses West mmf r tai /, secs anta C - , C ,m i n l-T i i C1 b and S . B . Muni . Gol ion GEOLOGIC/SEISMIC ❑ YES FLOOD HAZARD ❑ YES ❑ ZONE A SEWERS: 2� YES HAZARD ZONE: El NO ZONE: C7 NO E] ZONE B ❑ NO HIGH FIRE ❑ YES AIRPORT NOISE/ ❑ YES =REDEVELOPMENT ❑x YES HAZARD ZONE: NO CRASH ZONE: AREA: [� NO y ❑ NO Q ❑ NOT POTENTIAL SIGNIFICANT Z [ APPROVAL APPLICABLE EFFECTS WITH O F.. MITIGATING MEASURES E.:. W Cl) NO E.I.R. Q CONDITIONS M Z ❑ EXEMPT ❑ E.I.R. REQUIRED BUT NO W LL 0 Z ❑ DENIAL Z C SIGNIFICANT EFFECTS Q W M Z WITH MITIGATING h- O M CONTINUANCE TO � MEASURES Cl)N Z ❑ NO SIGNIFICANT ❑ SIGNIFICANT EFFECTS U W EFFECTS SEE ATTACHED E.R.C. W MINUTES G�OF SM! ffRN�H01i0 PI AAI_O M Pnr_c I nc. e nn TRICITY PROJECT AGENDA ITEM: 5 HEARING DATE: April 20, 1993 Page 2 REQUEST Under the authority of Development Code Chapter 19 . 42 , the applicant requests approval of Development Code Amendment (DCA) No. 92-13 , to establish the TriCity Corporate Centre Land Use Plan And Design Guidelines (Land Use Plan) in the Development Code as an overlay district. Concurrently, under the authority of Development Code Section 19. 06. 030 (1) (A) , the applicant requests the approval of Conditional Use Permit (CUP) No. 92-33 to construct 8 buildings on the site that exceed 4 stories (or 52 feet) in height. Under the authority of Development Code Chapter 19 . 40. 020, the applicant also requests the approval of Development Agreement (DA) No. 92-01 to vest the developer with the right to establish specified permitted uses using the development standards and design guidelines outlined in the TriCity Corporate Centre Land Use Plan And Design Guidelines and to provide for infrastructure improvements within the project area. SITE LOCATION The TriCity Corporate Centre property is irregular in shape and consists of 152 .7 acres generally located between I-10 and the Santa Ana River and between Waterman Avenue and the Gage Canal. (Refer to Site Vicinity Map, Attachment E) . PROJECT ELEMENTS (APPLICATIONS) Development Code Amendment The DCA No. 92-13 will add the TriCity Corporate Centre Land Use Plan And Design Guidelines into the Development Code as an overlay district. (See Exhibit 1) Conditional Use Permit General Plan Policy 1. 17 . 20 and Development Code Section 1. 06. 030 (1) , Table 06. 02 require a conditional use permit for structures higher than 4 stories (or 52 feet) . The TriCity Land Use Plan proposes to construct a total of 8 buildings which will exceed 4 stories. CUP No. 92-33 will provide public review and meet the General Plan and Development Code requirement. TRICITY PROJECT AGENDA ITEM: 5 HEARING DATE: April 20, 1993 Page 3 Development Agreement DA No. 92-06 will provide the developer with a vested right to develop the project site using the TriCity Land Use Plan. The DA will establish the terms under which development will occur and ensure that development on the site will be consistent and compatible through the implementation of a comprehensive development plan. In addition, the DA will ensure that required improvements and infrastructure are constructed when needed. The TriCity Land Use Plan and Mitigation Monitoring and Reporting Program are incorporated by reference in the DA. DEVELOPMENT CODE COMPLIANCE AND GENERAL PLAN CONSISTENCY All elements of the proposal are in compliance with the standards and requirements of the Development Code with the exception of the sign standards which are contained in the TriCity Corporate Centre Land Use Plan And Design Guidelines. Some of the proposed sign standards exceed those set by the Development Code Sign Regulations. The sign standards, as part of the Land Use Plans And Design Guidelines, will be a component of the proposed overlay district. The proposed Land Use Plan And Design Guidelines has been found to be in conformance with the CR-3 , Commercial Regional - TriCity/Commercenter and Club General Plan Land Use Designation. The establishment of the TriCity Corporate Centre Land Use Plan And Design Guidelines as an overlay district is consistent with General Plan Policy 1. 17. 38 which requires that a specific or development plan be formulated for the project area. The proposed sign standards are also consistent with the General Plan in that Policy 1. 17 . 37 requires that multi-tenant signage for the project site be consolidated into well designed and distinctive signs. The Development Code, which implements the General Plan Land Use Element, contains provisions for the adoption and approval of development agreements and development code amendments. The buildings proposed to exceed 4 stories (or 52 feet) in height are permitted subject to an approved conditional use permit. Please refer to the General Plan and Development Code Consistency Table (Attachment A) . j TRICITY PROJECT AGENDA ITEM: 5 HEARING DATE: April 20, 1993 Page 4 CEOA STATUS An Initial Study, prepared by Tom Dodson & Associates, was presented to the Environmental Review Committee (DRC/ERC) on December 17, 1992 (see Attachment D) . The Initial Study is tiered from the Environmental Impact Report (EIR) which was prepared for the TriCity Redevelopment Area Development Plan in 1983 . Section 15180 in the CEQA Guidelines provides that projects implemented as part of a redevelopment plan "constitute a single project" and that an EIR prepared for redevelopment projects "shall be treated as a program EIR" . This provides for the evaluation of a current project under the original EIR's contents and findings and the determination of whether any subsequent environmental documentation is required. The ERC determined that the project could result in significant environmental effects in that the overall square footage for the project (approximately 904 , 000 square feet of commercial office space already built and 2, 100, 000 square feet of commercial office space proposed to be built) is considered to be regionally significant. Specific mitigation measures were enumerated in the Initial Study and, as a result, the ERC recommended a Mitigated Negative Declaration. The proposed Mitigated Negative Declaration was advertised and the Initial Study was available for public review and comment from December 25, 1992 to January 22 , 1993 . Comments were received from the following public departments or agencies: December 23 , 1992 Kevin Barnes, Refuse Superintendent, City of San Bernardino Public Services Department January 19 , 1993 Harvey J. Sawyer, Chief, CalTrans District 8 , Transportation Planning, San Bernardino County Coordination Branch January 20, 1993 Lorraine Van Kekerix, Manager, California Integrated Waste Management Board, Waste Generation Analysis and Environmental Review The comments and the City's responses to the comments are contained in Attachment C to Attachment D. In addition, a summary of the issues covered by the comments and the responses is contained in the Comments Received section of this Staff Report. TRICITY PROJECT AGENDA ITEM: 5 HEARING DATE: April 20, 1993 Page 5 BACKGROUND The Development Plan for the TriCity Redevelopment Project Area, which covers two subareas, was adopted by the City on June 20, 1983 . Subarea I is located on about 96. 4 acres located between 9th Street and Base Line on both sides of Del Rosa. Subarea II consists of about 283 acres generally located between I-10 and the Santa Ana River wash and between Waterman and Tippecanoe Avenues. This project, the TriCity Corporate Centre project, occurs on 153 . 7 acres located in Subarea II. Since the adoption of the Development Plan in 1983 , the TriCity Corporate Centre has been continuously developing (about 904 , 000 square feet of building space) . In September 1986, the City Redevelopment Agency and Rancon Realty Fund IV and Rancon Realty Fund V entered into the Regional Facilities Agreement and to date, all development on the site has been consistent with that agreement. However, both the City and the property owner are unsatisfied with the current method of individual project review and approval. It was determined by both parties that a comprehensive development plan was needed for the TriCity Corporate Centre to ensure that future development on the site was consistent and compatible. As a result, the applicant submitted DCA No. 92- 13 , CUP No. 92-33 and DA No. 92-01 on November 16, 1992 . It should be noted that a general plan amendment (GPA No. 90-13) was submitted on July 18 , 1990. GPA No. 90-13 was a text amendment proposal to delete the requirement for a CUP for buildings over 4 stories in height. Staff determined that the proposed amendment was not in the best interests of the City or the applicant because it would eliminate the conditional use permit requirement and (potentially) any public review for buildings proposed to exceed 4 stories in height for CR-3 , Commercial Regional - TriCity/Club districts, outside of this plan area. As an alternative, the applicant submitted a single conditional use permit (CUP No. 92-33) for the 8 buildings proposed to exceed 4 stories in the TriCity Corporate Centre project. The GPA No. 90-13 was withdrawn upon submittal of CUP No. 92-33 . ANALYSIS Project Setting and Description The TriCity Corporate Centre is a business park which currently has about 904 , 000 square feet of building space. At buildout in 2004 , an additional 2 , 100, 000 square feet will have been built for a TRICITY PROJECT AGENDA ITEM: 5 HEARING DATE: April 20, 1993 Page 6 total of about 3 , 000, 000 square feet. About 75% of the space will be used for commercial offices, 5% will be used for research and development and 20% for commercial retail uses. The TriCity Corporate Centre Land Use Plan And Design Guidelines divides the project site into 7 Planning Areas (also referred to as Superblocks) (see Exhibit 1, Figure 2 on page 8) . A land use summary per Planning Area is provided in the Land Use Plan (see Exhibit 1, Table 1 on page 9) . The list of land uses proposed for the site consists of commercial office, commercial retail and research and development uses. All proposed uses are consistent with the CR-3 , Commercial Regional - TriCity/Club land use designation. An alternative land use proposal (entitled the Municipal Parksite Option) is proposed for about 19 acres of land located in Planning Area 2 . For a period of years (from 1950 to 1958) , this area was used and operated as a landfill by the City of San Bernardino. Implementation of the alternative land use proposal will be dependent on market conditions. (See Exhibit 1, Figure 3A on page 9) If the Municipal Parksite Option is implemented, approximately 309, 000 square feet of building area will be transferred from Planning Area 2 to Planning Areas 3 and 4 . The transfer of square footage will not result in additional buildings in the two receiving areas. Rather, the transfer will result in increased footprints for the buildings proposed for those Planning Areas. Additions to building heights are not proposed. The Land Use Plan proposes an 11 year project phasing plan which begins in 1993 and ends in 2004 when buildout is projected to occur (see Exhibit 1, Tables 2 and 3 on pages 12 and 13) . Because project phasing is market driven, the applicant proposes that the Development Agreement be in effect for 25 years (2018) . Staff would prefer that the Development Agreement be in effect for 20 years (2013) which potentially would extend project buildout for an additional 9 years as opposed to an additional 14 years, as the applicant proposes. The Land Use Plan includes Design Standards and guidelines for development, landscaping standards and guidelines and a comprehensive sign program that reflects the existing signage on the site. The sign program addresses street name and building signs in addition to major tenant and project signs. TRICITY PROJECT AGENDA ITEM: 5 HEARING DATE: April 20, 1993 Page 7 Initial Study and Mitigation Monitoring and Reporting Program The Initial Study contains detailed discussions which describe the environmental setting and project site and surrounding area characteristics. The potential environmental impacts, mitigation measures and reporting actions are also addressed in the Initial Study and the Mitigation Monitoring and Reporting Program. (Refer to Attachment D and Exhibit C of Exhibit 2 , respectively) . Air Quality The Initial Study evaluated the potential air quality impacts of the project against the established thresholds contained in the South Coast Air Quality Management District's Air Quality Handbook (Revised 1987) . This discussion begins on page 14 of the Initial Study (see Attachment D) . The project exceeds threshold criteria in many categories (i.e. , office building square footage, parking spaces and vehicle trips) and normally would be considered significant. However, the resultant impacts can be mitigated in a number of ways. The project is in compliance with the Air Quality Management Plan (AQMP) in that it meets the job/housing balance goals for the East San Bernardino subregional area. This subregion is considered to be housing rich and job poor. The project does not propose any residential development and as such, it is in conformity with the Job/Housing Forecast which seeks to increase job opportunities. The development of the project will result in the creation of between 9, 000 and 12 , 000 new jobs over the next decade. The Initial Study states that many of the current tenants at the TriCity Corporate Centre have relocated to the Centre from within the region. This is reflected by the work force at the Centre which is made up of people from within the region. While future tenants may be attracted from other nearby regions, the current imbalance in the job/housing ratio indicates that adequate housing and employees are available from the existing and anticipated future housing stock and population within the region. The project is anticipated to continue to generate substantial volumes of traffic to and from the site. A Transportation Demand Management Program (TDMP) has been developed to mitigate the long- term emissions that are associated with the existing and future development of the project. In addition to other strategies, the TDMP provides for more efficient use of transportation infrastructure and services by reducing the number of vehicles required to meet commuting needs. This in turn reduces the overall TRICITY PROJECT AGENDA ITEM: 5 HEARING DATE: April 20, 1993 Page 8 mobile emissions associated with the project. A copy of the TDMP is included in the Initial Study (see Attachment B to Attachment D) . Implementation of the TDMP and other mitigation measures outlined in the Initial Study will reduce the air quality impacts of the project to below a level of significance. Air quality impacts related to Landfill Gas (LFG) are addressed under Existing Landfill and Other Environmental Issues. Traffic and Circulation The Traffic Impact Study prepared for the project by Barton-Aschman Associates, Inc. states that the project will generate 54, 690 vehicle trips per day. This was based on the total existing and proposed building space for the project which totals just over 3 , 000, 000 square feet. The analysis in the Traffic Impact Study was based in part on ' several assumptions, as follows: 1. The proposed changes to the configuration of the Waterman Avenue/I-10 interchange, including the relocation of west- bound on/off ramps to Carnegie Drive, are in place in 1992 . This has been completed. 2 . The extension of Orange Show Road to Waterman Avenue is completed by 1997 . This project is currently in the planning stage. 3 . The north-south arterial shown on the City's General Plan Circulation Plan Map to be located between Waterman and Tippecanoe Avenues shall be in place by the year 1999, or when determined necessary by the City's Public Works Department. 4 . The intersection of Harriman Place and Tippecanoe Avenue is realigned northerly to align with Laurelwood Drive in 1992 or when determined necessary by the City's Public Works Department. 5. The south-bound lanes on Waterman will be restriped to three lanes in 1992 . This has been completed. 6. That about 15% of the maximum buildout potential of the surrounding planning areas was used for related development would occur by the project buildout year, 2004 . TRICITY PROJECT AGENDA ITEM: 5 HEARING DATE: April 20, 1993 Page 9 The Traffic Impact Study evaluated potential traffic impacts to the roadway system on a per project phase basis. Traffic volumes were broken down according to land use and project phase. This method of analysis allowed the identification of impacts and mitigation measures based on traffic volumes occurring per phase. It also ensures that roadway improvements are constructed when needed. The roadway improvements outlined by the mitigation measures are shown on Figure 3 in the Initial Study. Based on the Traffic Impact Study, the City's Traffic Engineer has determined that the project will not result in an increase in traffic that exceeds that projected for the site's CR-3 , Commercial Regional - TriCity/Club General Plan land use designation. Implementation of the TDMP and the mitigation measures for traffic and circulation impacts will reduce traffic impacts to below a level of significance. Aesthetics Through CUP No. 92-33 , the project proposes to construct 8 highrise buildings (buildings greater than 4 stories in height) . The following list indicates the numbers of buildings and the associated building heights: 4 - 6 story buildings 1 - 8 story building 1 - 10 story building 2 - 20 story buildings It should be noted that each of these buildings will still require the submittal of a Development Permit for site development and layout. Figure 3A of the Land Use Plan (Exhibit 1) shows the location and height of existing and proposed buildings. The site is designed in such a way that the intensity of uses is reflected by the gradual increase in building heights toward the center. The 2 tallest buildings (20 stories, each) are proposed to be located near the center of Planning Area 4 which generally constitutes the center of the TriCity Corporate Centre. The site design, inclusive of the 8 highrise buildings, is not anticipated to create adverse visual impacts. The views from I-10 will be of the Centre with the San Bernardino Mountains in the background. The view of the mountains will only minimally be blocked by the buildings. The General Plan does not identify this area along the I-10 Freeway as being a designated scenic view corridor. TRICITY PROJECT AGENDA ITEM: 5 HEARING DATE: April 20, 1993 Page 10 In terms of design, each building will be subject to the Design Standards in the Land Use Plan and the Development Code, as applicable. Existing Landfill and Other Environmental Issues As previously identified, about 19 acres located in Planning Area 2 were formerly used by the City as a landfill. The decomposition of buried organic material results in the generation of landfill gas (LFG) which is primarily methane gas in low concentrations. LFG can migrate through the soil from the point of origin. Mitigation of potential impacts from LFG includes the installation of adequate gas collection, venting and disposal systems in accordance with the requirements of Title 14 of the California Code of Regulations. Several of the developed sites in the plan area that are located on or adjacent to the landfill are equipped with this type of system. The Initial Study includes mitigation which requires that the existing landfill gas collection, venting and disposal system be maintained and in compliance with Title 14. The generation of LFG will continue regardless of the project and the issue of remediation of landfill is not a part of this project. State law places the responsibility of landfill remediation on the landfill operator and/or property owner(s) . This project, either through the Development Agreement or the Land Use Plan, does not attempt to assign or reassign such responsibility. The TriCity Corporate Centre Land Use Plan And Design Guidelines (Volume 2 , Appendix C) includes further background on the landfill. The Initial Study also evaluates impacts in the environmental categories, as follows: Earth Resources, Water Resources, Noise, Land Use, Man-made Hazards, Housing, Public Services, Utilities and Cultural Resources. In each category, the environmental impacts are not significant or, if identified as significant, can be mitigated to below a level of significance. COMMENTS RECEIVED Kevin Barnes, Refuse Superintendent, City of San Bernardino Public Services Department Mr. Barnes was concerned that the Initial Study did not address the impacts from LFG. The response identifies that this issue is addressed on page 20 of the Initial Study and further describes the situation on the site with regard to the existing gas monitoring TRICITY PROJECT AGENDA ITEM: 5 HEARING DATE: April 20, 1993 Page 11 system network, landfill closure procedures other requirements of State law. (See Attachment C to Attachment D) Harvey J. Sawyer, Chief, Caltrans District 8, Transportation Planning, San Bernardino County Coordination Branch Mr. Sawyer's letter indicates that the project has been reviewed by Caltrans and requests that consideration be given to ensuring that all improvements to CalTrans facilities meet Caltrans' standards. The response indicates that the comments have been noted. (See Attachment C to Attachment D) Lorraine Van Kekerix, Manager, California Integrated Waste Management Board, Waste Generation Analysis and Environmental Review Ms. Van Kekerix comments focus on waste generation and disposal. The City's response indicates that all comments and suggestions have either been addressed in the Initial Study or incorporated into that document. (See Attachment C to Attachment D) CONCLUSION Through DCA No. 92-13 , TriCity Corporate Centre Land Use Plan will be added to the Development Code as an overlay district. CUP No. 92-33 will conceptually approve the proposal to construct 8 highrise buildings in accordance with the Land Use Plan. DA No. 92-01 will vest the developer with the right to develop the TriCity Corporate Centre as proposed in the Land Use Plan. With the exception of the sign standards, all elements of the project proposal are in compliance with the Development Code and are consistent with the General Plan (Policy 1. 17 . 38) . The Initial Study indicates that the major environmental issues associated with the project are air quality, transportation and circulation, aesthetics and the existing landfill . All environmental impacts are mitigated to below a level of significance and implementation of the mitigation is ensured through the Mitigation Monitoring and Reporting Program. The project will provide the applicant and the City with a consistent and comprehensive development plan for the Centre that incorporates the existing development with the proposed future development. TRICITY PROJECT AGENDA ITEM: 5 HEARING DATE: April 20, 1993 Page 12 RECOMMENDATION Staff recommends that the Planning Commission recommend to the Mayor and Common Council the: 1. Adoption of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program (Exhibit C to Exhibit 2) ; 2 . Adoption and approval of Development Agreement No. 92-01 (Exhibit 2) ; 3 . Adoption and approval of Development Code Amendment No. 92-13 , based upon the attached Findings of Fact (Attachment B) ; and, 4 . Approval of Conditional Use Permit No. 92-33 , based upon the attached Findings of Fact (Attachment C) . Respectfully submitted, 'z-c Al Boughey, AICP, Director, Planning and Building Services Deborah Woldruff � �ssociate Planner Attachments: A - Municipal (Development) Code and General Plan Compliance Table B - DCA No. 92-13 Findings of Fact C - CUP No. 92-33 Findings of Fact D - Initial Study Attachment A Checklist Responses Attachment B Draft TDMP Attachment C Response to Comments E - Site Vicinity Map Exhibits: 1 - TriCity Corporate Centre Land Use Plan And Design Guidelines (Previously Distributed) 2 - Development Agreement (Previously Distributed) Exhibit A-1 Legal Description of Property (Parcel Maps Attached) TRICITY PROJECT AGENDA ITEM: 5 HEARING DATE: April 20, 1993 Page 13 Exhibit A-2 Legal Description of Landfill Exhibit B Land Use Plan And Design Guidelines Exhibit C Mitigation Monitoring And Reporting Program i ATTACHMENT "A" TRICITY PROJECT AGENDA ITEM: 5 HEARING DATE: April 20, 1993 Page 14 MUNICIPAL (DEVELOPMENT) CODE AND GENERAL PLAN CONFORMANCE Category Proposal Municipal General Plan Code CUP Proposal 8 Comm/Off CR-3 , with CR-3, with Buildings an approved an approved gtr than 4 CUP CUP stories in hgt DCA Proposal TriCity Land O v e r l a y Specific or Use Plan & District Development D e s i g n in Chapter Plan (Policy Guidelines 19 . 11 1. 17. 38) Setbacks: Front 20 feet 15 feet N/A Side 20 feet 10 feet N/A Rear 10 feet 10 feet NIA. Parking & * * N/A Loading Landscaping Gtr/15% 15% Minimum N/A Signage ** **. Consistent W/ Policy 1. 17. 37 * Parking and Loading Requirements in accordance with Development Code Standards, as applicable ** Certain elements of the proposed sign standards exceed City's Sign Regulations ATTACHMENT "B" TRICITY PROJECT AGENDA ITEM: 5 HEARING DATE: April 20, 1993 Page 15 DEVELOPMENT CODE AMENDMENT FINDINGS OF FACT (DEVELOPMENT CODE AMENDMENT NO. 92-13) 1. The proposed amendment to add the TriCity Corporate Centre Land Use Plan And Design Guidelines is consistent with the General Plan in that the project provides a comprehensive development plan for the TriCity area as required by General Plan Policy 1. 17 . 38 . 2 . The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the City in that the inclusion of the TriCity Corporate Centre Land Use Plan And Design Guidelines will implement a comprehensive development plan that includes standards for development of the site and all potential impacts are mitigated through compliance with the Mitigation Monitoring And Reporting Program. ATTACHMENT "C" TRICITY PROJECT AGENDA ITEM: 5 HEARING DATE: April 20, 1993 Page 16 CONDITIONAL USE PERMIT FINDINGS OF FACT (CONDITIONAL USE PERMIT NO. 92-33) 1. The proposal to construct 8 buildings on the project site that exceed 4 stories in height is conditionally permitted within the CR-3 , Commercial Regional - TriCity/Club land use designation. Each individual project will be reviewed for compliance with the applicable specific standards of the Development Code through the development permit process. 2 . & 11. The proposal to construct 8 buildings that exceed 4 stories in height will not impair the integrity and character of the CR-3 , Commercial Regional - TriCity/Club land use designation in that this designation was specifically established with additional height provision. 3. The site is physically suitable for the proposal to construct 8 highrise buildings in that the TriCity Corporate Centre is designated for commercial office uses and, because it is located adjacent to the I-10 Freeway, it is visible as a key entry way into the City that must be visually and functionally distinctive. 4. & 5. The proposal to construct 8 highrise buildings is compatible with the land uses presently on the subject property in that the TriCity Corporate Centre Land Use Plan And Design Guidelines incorporates existing and future uses into a comprehensive and cohesive development plan. 6. The proposed use is compatible in scale, mass, density and intensity with all adjacent uses in that project site is geographically separated from other areas of the City by the Santa Ana River (north) , Gage Canal (east) , the I-10 Freeway (south) and Waterman Avenue (west) and buildings ATTACHMENT"C" TRICITY PROJECT AGENDA ITEM: 5 HEARING DATE: April 20, 1993 Page 17 which exceed 4 stories in height have been approved and constructed in the TriCity, Commercenter/Club areas. 7 . All applicable City departments have reviewed the proposal to construct 8 highrise buildings and have determined that there are adequate provisions for water, sanitation, public utilities and public services. 8 . Access to the site to serve the subject property and the proposed highrise buildings exists via I-10 and Waterman and Tippecanoe Avenues. 9 . There will not be a harmful effect upon desirable neighborhood characteristics in that proposal to construct 8 highrise buildings is part of a comprehensive and cohesive land use plan for the TriCity Corporate Centre. 10. A market/feasibility study is not required by the General Plan or Development Code for this type of proposal. 12 . There will not be significant harmful effects upon environmental quality and natural resources in that the proposal has been evaluated in accordance with CEQA. 13 . The negative impacts of the proposal are mitigated by the standards and requirements set forth in the TriCity Corporate Centre Land Use Plan And Design Guidelines and Development Code (as applicable) and the Mitigation Monitoring And Reporting Program. 14 . The proposed location, size, design and operating characteristics of the proposed highrise buildings and associated land uses will not be detrimental to the public interests, health, safety, convenience or welfare of the City in that each of the 8 proposed buildings will comply with all ATTACHMENT "C TRICITY PROJECT AGENDA ITEM: 5 HEARING DATE: April 20, 1993 Page 18 requirements of the TriCity Corporate Centre Land Use Plan And Design Guidelines and the Development Code. 1 2 ORDINANCE NO. 3 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING THE SAN BERNARDINO MUNICIPAL CODE (TITLE 19 - THE DEVELOPMENT CODE) TO ADD 4 CHAPTER 19 . 11 TCC (TRICITY CORPORATE CENTRE OVERLAY) DISTRICT WHICH PROVIDES FOR THE IMPLEMENTATION OF THE TRICITY CORPORATE CENTRE 5 LAND USE PLAN AND DESIGN GUIDELINES. 6 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: 7 SECTION 1. Page II-155 CC, Chapter 19. 11 TCC (TRICITY 8 CORPORATE CENTRE OVERLAY) DISTRICT, is added as shown on Attachment 9 A, (Page II-155 CC of the Development Code) attached hereto and 10 incorporated herein by reference. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 //// ,�����"7 G ` 7"7J 1 28 1 1 2 ORDINANCE. . .AMENDING THE SAN BERNARDINO MUNICIPAL CODE (TITLE 19 THE DEVELOPMENT CODE) TO ADD CHAPTER 19. 11 TCC (TRICITY CORPORATE 3 CENTRE OVERLAY) DISTRICT WHICH PROVIDES FOR THE IMPLEMENTATION OF THE TRICITY CORPORATE CENTRE LAND USE PLAN AND DESIGN GUIDELINES. 4 5 I HEREBY CERTIFY that the foregoing ordinance was duly adopted 6 by the Mayor and Common Council of the City of San Bernardino at a 7 meeting, therefore, held on the day of 8 1993 , by the following vote to wit: 9 Council Members: AYES NAYS ABSTAIN ABSENT 10 NEGRETE 11 CURLIN 12 HERNANDEZ 13 OBERHELMAN 14 OFFICE VACANT 15 POPE-LUDLAM ' 16 MILLER 17 18 City Clerk 19 The foregoing ordinance is hereby approved this day of , 1993 . 20 21 Tom Minor, Mayor City of San Bernardino 22 Approved as to 23 form and legal content: JAMES F. PENMAN, 24 City ttorney 25 By: 26 27 28 2 ATTACHMENT A TRICITY CORPORATE CENTRE OVERLAY DISTRICT - 19. 11 CHAPTER 19 . 11 TCC (TRICITY CORPORATE CENTRE OVERLAY) DISTRICT 19. 11. 010 PURPOSE The purpose of this chapter is to promote and encourage that development in the TriCity Corporate Centre Project area is consistent and compatible and in accordance with the TriCity Corporate Centre Land Use Plan And Design Guidelines which is incorporated into this Development Code by reference. The TriCity Corporate Centre Land Use Plan And Design Guidelines establishes Planning Areas, permitted uses and standards and design guidelines which shall be used in the TriCity Corporate Centre Project area as shown on the Development Code Overlay Map. lei f Z Aitac h mrn} q Exh'�b1+ B vobl RANCON REALTY FUNDS LAND USE PLAN and DESIGN GUIDELINES j BOOK �11III TRI CITY CORPORATE CENTRE la.vW/n"a1J G - 793 Ai-3/ n Hotels, restaurants, support commercial, transportation, recreational and retail facilities are also planned as an integral part of Tri-City Corporate Centre. Their integration will be reflected in the Centre ' s internal circulation system, parking layout and landscape treatments. The developer acknowledges the potential need for Right-of-Way to be dedicated to the City, for the proposed North/South Corridor. This new roadway, a part of the City General Plan Circulation Plan, if required, would run from Tri-City Corporate Centre north across the Santa Ana River towards Mill Street. Any development of the required Right-of-Way will be delayed until such time the need for the roadway can be determined. The location of Tri-City Corporate Centre relative to Norton Air Force Base has been studied. The figures on lA and 1B, show that the buildings heights and types will not affect or be affected by the airport approach/departure configurations. 4 a'• ffffff rN'� w_ ST �aai� • �P 215 ••• •••� ..••••'''"'''•••,•',•"... .• , .•� RNARDINO =SAN BE NORTON AFB IN ,,•..•° ••'•'• MILL ST '• rrrrr•!fMIWA ••,,..•••'Ce �. Sol St- ................................................. ..`=-rr i�'�Zo� I•' °p°\G'\pl �:••'• ,•.••••'' "s'%%j'onrel r rrr � III II�• .•\T \1nN1 eo -Tie 64 0"\1 ' ��s/// III•••'•' \��°50 �J° ests(c'� Ga\�l �;I'•''•' 1, G��/OeJS\ L�►!'�� 0 cpl pePs�\�°� \5� 3 I�'•� /��i��,, < ffffffpfpf PPQ106 III j , q��„ ffffffffq • fff ice'/ II I ,•,,Igfg44UtlpffftflfUfffUfN f 0 iaC 0 err ✓ .•�;,�i���' S��s6Gq\pl III s\ \ce\ s\\00 LOMA LINDA 215 . hppl4p4Nf fffffUfUOfwlfwwwffUfffffiffff fUPfffHffff Norton Verticle Cone Plan Figure 1A RANCON FINANCIAL CORP. T1 . C ITY 600 E. Hospitality ne, Sc, 600, co f ro f AT [ r MTf c San Bernardino, CA 5 r�-1- 1 Y' �• xi N;w::;�s ONO ty5. e z .7 Q VI. DESIGN STANDARDS The purpose and intent of the Design Standards for the Tri-City Corporate Centre is to insure that high quality development will occur within the project. These design standards establish specific criteria for site planning, environmental control, parking, signing and lighting. All Development Standards described in the City' s Development Code and those established within this document shall be complied with. In the case of conf lict, this document shall prevail. A. BUILDING HEIGHTS A variety of building heights are proposed for buildings throughout the project ranging from single story restaurants and retail structures to 2 and 3 story garden office complexes to multi-story office towers ranging as high as 20 stories. The Masterplan (through Conditional Use Permit #92-33) provides for the following buildings over 4 stories: 4 - 6 story buildings 1 - 8 story building 1 - 10 story building 2 - 20 story buildings B. BUILDING SETBACKS All building, parking and paving setbacks shall be consistent with all applicable City of San Bernardino standards are requirements, except where modified by these standards. A variety of building setbacks will occur throughout the different planning areas. The minimum building setback have been identified in Table 4 . No C. FLOOD CONTROL The project is located within Zone 'B' on the Federal m Rate Maps. All building al Insurance g pads must be raised above the surrounding area as required and approved by the City Engineer and San Bernardino County Flood Control District. No D. LOT COVERAGE Maximum building coverage for all uses Corporate Centre is subject to applicable a Ci ty of San the Bernardino Development Code provisions. 20