RESOLUTION NO._____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RIALTO, CALIFORNIA, APPROVING A CONSTRUCTION FEE CREDIT AND REIMBURSEMENT AGREEMENT BY AND BETWEEN THE CITY OF RIALTO AND GOLDEN STATE TRAVEL CENTERS, LLC.
WHEREAS, Golden State Travel Centers, LLC, a Delaware limited liability company, (hereinafter the “Developer”), submitted various planning and development applications to the City for the proposed development of a travel center consisting of gasoline fuel dispensers, diesel fuel dispensers, overhead canopies, a 14,697 square foot commercial building with drive-thru service, and a 6,375 square foot truck service building on 13.22 acres of land (APN: 1119-241-28) located at the southwest corner of Alder Avenue and Sierra Lakes Parkway (the “Project”); WHEREAS, on October 13, 2021, the Planning Commission adopted an Addendum to the Renaissance Specific Plan Final Environmental Impact Report (Environmental Assessment Review No. 2021-0016) for the Project; and WHEREAS, on October 13, 2021, the Planning Commission approved Precise Plan of Design No. 2021-0013 for the Project subject to certain Conditions of Approval; and WHEREAS, the Conditions of Approval for the Project require Developer to construct certain public improvements (“Public Improvements”) including but not limited to (i) constructing, reconstructing, and/or widening the existing roadway along the Project’s Sierra Lakes Parkway frontage, (ii) installing storm drain improvements, (iii) installing offsite sewer improvements; and (iv) other improvements to serve the Project; and WHEREAS, the Public Improvements are identified in the City’s various Nexus Studies or have been deemed necessary as interim improvements and are therefore eligible for reimbursements or fee credits in accordance with the provisions of Rialto Municipal Code Section 3.33.100 (entitled “Fee Credits”); and WHEREAS, the Conditions of Approval for the Project require Developer to pay prior to issuance of building permits the following fees: (1) a Regional Traffic Development Impact Fee in the amount of $244,032.16; (2) a Renaissance Specific Plan Fair Share Traffic Mitigation Fee in the amount of $44,265.56; (3) a Local Traffic Fair-Share Fee in the amount of $577,310 (“Fair Share Fee”) toward future improvements to the Alder Avenue and SR-210 Freeway Interchange; and WHEREAS, Section 3.33.110 of the Rialto Municipal Code (entitled “Construction and Credit Agreements”) permits the City Manager to negotiate and enter into Construction and Credit Agreements with Developers, subject to the approval of the City Council; and WHEREAS, Section 3.33.100 of the Rialto Municipal Code also provides that a Developer is not entitled to reimbursement for any excess in the costs to construct the public facility over the amount of the developer's obligation to pay the development impact fee for the type of public facility constructed, unless a separate reimbursement agreement is approved by the City Council; and.
WHEREAS, Golden State Travel Centers, LLC and the City have negotiated the terms of a Construction and Credit Agreement related to the construction of the Public Improvements and payment of the Fair Share Fee, a copy of which is attached hereto as Exhibit A and incorporated herein by reference; and WHEREAS, the construction of the Public Improvements and the payment of the Fair Share Fee were reviewed and considered as part of the environmental review for the Project; and WHEREAS, approval of the Construction and Credit Agreement is an administrative or fiscal action by the legislative body that will not result in any additional direct or indirect physical change in the environment than what was already analyzed (Section 15378(b) of the CEQA Guidelines), consequently no further environmental review is warranted.
NOW, THEREFORE, the City Council of the City of Rialto hereby resolves as follows:
Section 1. The foregoing recitals are determined to be true and correct; Section 2. The City Council hereby finds and determines, based on substantial evidence in the record that Developer is entitled to receive credits from the City towards the Regional Traffic Development Impact Fee, Renaissance Specific Plan Fair Share Traffic Mitigation Fee, and the Local Traffic Fair Share Fee for the cost to construct the Public Improvements.
Section 3. The City Council hereby finds and determines, based upon substantial evidence in the record, the analysis and environmental review completed, and the approved Addendum to the Renaissance Specific Plan Final Environmental Impact Report and Notice of Determination, that there will be no additional significant or adverse impact on the environment resulting from entering into the Construction and Credit Agreement.
Section 4. The City Council hereby approves the Construction and Credit Agreement by and between Developer substantively in form and content to that attached hereto in Exhibit A along with any non-substantive changes as may be mutually agreed upon by the City Manager (or his duly authorized representative), City Attorney, and Developer. The final Construction and Credit Agreement, when duly executed and attested, shall be filed in the office of the City Clerk.
Section 5. The City Manager (or his duly authorized representative) is authorized to implement the Construction and Credit Agreement, take all further actions, and execute all documents referenced therein and/or necessary and appropriate to carry out the Project, including causing the issuance of warrants.
Section 6. The City Clerk shall certify to the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this __th day of ______, 2022. _____________________________
DEBORAH ROBERTSON, MAYOR
ATTEST:
________________________________
BARBARA McGEE, City Clerk
APPROVED AS TO FORM:
________________________________
ERIC S. VAIL, City Attorney
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss
CITY OF RIALTO )
I, Barbara McGee, City Clerk of the City of Rialto, do hereby certify that the foregoing Resolution No.____ was duly passed and adopted at a regular meeting of the City Council of the City of Rialto held on the ____ day of __________, 2022.
Upon motion of Council Member ____________, seconded by Council Member ____________, the foregoing Resolution No. ______ was duly passed and adopted.
Vote on the motion:
AYES:
NOES:
ABSENT:
IN WITNESS WHEREOF, I have hereunto set my hand and the Official Seal of the City of Rialto this _____ day of _________________, 2022. ________________________________________
BARBARA MCGEE, CITY CLERK
EXHIBIT “A”
CONSTRUCTION CREDIT AND REIMBURSEMENT AGREEMENT
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