Rialto City Council
April 12, 2022

City of Rialto
Legislation Text
File #: PC-21-0917, Version: 1, Agenda #:

For the Planning Commission Meeting of December 8, 2021 TO: Honorable Chairman and Planning Commissioners
APPROVAL: Sean M. Moore, AICP, Director of Community Development FROM: Daniel Rosas, Associate Planner
Conditional Development Permit No. 2021-0002: A request to allow the operation of drive-thru service in conjunction with a 2,400 square foot fast-food restaurant to be located at the southeast corner of Casmalia Street and Ayala Drive (APN: 1133-591-07) within the Freeway Incubator (F-I) land use district of the Renaissance Specific Plan. This project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15303 (New Construction or Conversion of Small Structures) of the State CEQA Guidelines (Environmental Assessment Review No. 2021-0057).

Precise Plan of Design No. 2021-0002: A request to develop a 2,400 square foot fast-food restaurant building with drive-thru service and associated paving, landscaping, lighting, fencing, and drainage improvements located on the southeast corner of Casmalia Street and Ayla Drive (APN:
1133-591-07) within the Freeway Incubator (F-I) land use district of the Renaissance Specific Plan.

This project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15303 (New Construction or Conversion of Small Structures) of the State CEQA Guidelines (Environmental Assessment Review No. 2021-0057).

The above entitlements, together, are collectively referred to as “project” or “Project”.

APPLICANT:

CDM Inc., 4740 Green River Road, Suite 108, Corona, CA 92880.

LOCATION:

The project site consists of one (1) parcel of land (APN: 1133-591-07) located at the southeast corner of Casmalia Street and Ayala Drive (Exhibit A).

BACKGROUND:

Surrounding General Plan Land Use Designations
Location General Plan Designation
Site Specific Plan w/ Specific Plan Overlay
North Residential 6
East Specific Plan w/ Specific Plan Overlay
South Specific Plan w/ Specific Plan Overlay
West Specific Plan w/ Specific Plan Overlay
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10 File #: PC-21-0917, Version: 1, Agenda #:Location General Plan Designation Site Specific Plan w/ Specific Plan Overlay
North Residential 6
East Specific Plan w/ Specific Plan Overlay
South Specific Plan w/ Specific Plan Overlay
West Specific Plan w/ Specific Plan Overlay
Surrounding Land Use District or Zoning Designations
Location Zoning
Site Renaissance Specific Plan (Freeway Incubator (F-I)) North Single Family Residential (R-1B)
East Renaissance Specific Plan (Freeway Incubator (F-I)) South Renaissance Specific Plan (Freeway Incubator (F-I)) West Renaissance Specific Plan (Freeway Incubator (F-I)) Site Characteristics
The project site is a relatively flat and rectangular-shaped piece of land comprised of one (1) parcel

0.64 acres in size with approximate average dimensions of 250 feet (east-west) by 132 feet (north- south). The site is currently developed with an existing single-family residence.

Surrounding Area
The project site is bound by Casmalia Street to the north and Ayala Drive to the west. To the north, across Casmalia Street, is an existing single-family residential tract. To the west, across Ayala Drive, is a gas station. To the east and south is a vacant parcel of land.

ANALYSIS/DISCUSSION:

Project Proposal
CDM Inc., the applicant, proposes to demolish the existing residential dwelling and redevelop the project site with the construction of a 2,400 square foot speculative fast-food restaurant with drive- thru service.

Entitlement Requirements
Per Table 3-2 (General Permitted Uses) of the Renaissance Specific Plan and Chapter 18.66 (Conditional Development Permits) of the Rialto Municipal Code, the operation of a drive-thru requires the approval of a Conditional Development Permit by the Planning Commission. Additionally, per Chapter 18.65 of the Rialto Municipal Code, a Precise Plan of Design approval is required to develop the project. The applicant has complied with these requirements and filed the applications on January 25, 2021.

Site Design
According to the site plan (Exhibit B), the applicant will construct a 2,400 square foot fast-food restaurant with drive-thru lane on the west portion of the parcel with the associated paving, lighting, landscaping, and other improvements such as facilities for Americans with Disability Act (ADA) access and trash service on the east portion of the project site.

The project site will be accessed via the one access (1) driveway on Casmalia Street located at the City of Rialto Printed on 12/3/2021Page 2 of 5
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The project site will be accessed via the one access (1) driveway on Casmalia Street located at the northeast corner of the site. A vehicle circulation drive aisle will loop the east portion of the project site providing access to parking as well as the drive-thru lane entrance. The proposed drive-thru lane circles the restaurant building has queuing for at least ten (10) cars.

The project also includes a pedestrian pathway to and from the public right-of-way, trash enclosure, landscape planters throughout the parking areas as well as the perimeter and site lighting throughout the project will also be required.

Access
The project site will be accessed via the driveway on Casmalia Street near the northeast corner of the project site. The project site has existing street improvements along both frontages that may need to be amended per the Renaissance Specific Plan such as existing curb, gutter, signalized intersection, etc. The Renaissance Specific Plan identifies a raised median for Casmalia Street so the proposed driveway will be restricted to right-in, right-out only access in the future.

Floor Plans
The proposed restaurant is a speculative development with no specified tenant that will occupy building. As such, the floor plan of the restaurant building (Exhibit C) shows limited interior improvements consisting of restroom layout, roof access, and electrical room. Although no seating or kitchen layout has been presented, the future tenant is required to submit Tenant Improvement (TI) plans to the Building Division for review and approval for permit. The building will have an articulated footprint due to the incorporation of the electrical room and non-habitable projected masses with varying depths from the main wall plane.

Architectural Design
As shown on the elevations for the drive-thru restaurant building (Exhibit D), the structure will have a contemporary architectural design that is consistent with the City’s Design Guidelines and the Renaissance Specific Plan in providing enhanced architecture and site design. This includes the incorporation of store front system, stone veneer, metal awnings, and exterior cement plaster in white and grey colors. The exterior height of the structure ranges from approximately nineteen (19) feet up to thirty (30) feet.

Landscaping
The landscape coverage for the project is 12 percent which complies with the requirements of Renaissance Specific Plan. This includes a 10-foot landscape easement and landscape setbacks along both Ayala Drive and Casmalia Street as well as additional landscape planters around the drive-through lane and in the parking area. As shown on the Planting Plan (Exhibit E), all of the landscape planters will feature a variety of trees and an abundant amount of shrubs and groundcover.

Parking
The proposed project will have twenty-three (23) auto stalls on-site, including 1 ADA accessible parking spaces. This quantity meets the minimum parking requirement as shown in the parking calculation chart below and as required by Renaissance Specific Plan:

Type of Use Floor Area
(square feet)
Parking
Ratio
Number of
spaces
Restaurant Non-Res. Incentive
Program (Pedestrian Orientation)
Total Required/Total Provided
2,400 1/100 -5%
(1.2)
24 -1
23/23
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12 File #: PC-21-0917, Version: 1, Agenda #:

Type of Use Floor Area
(square feet)
Parking
Ratio
Number of
spaces
Restaurant Non-Res. Incentive
Program (Pedestrian Orientation)
Total Required/Total Provided
2,400 1/100 -5%
(1.2)
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23/23
Operations
Although the operator of the proposed drive-thru restaurant is unknown at this time, conditions of approval have been incorporated into the resolution to ensure that the future operator complies with the City requirements and regulations of the Renaissance Specific Plan. Although a twenty-four operation 24-hour operation is permitted, the property is subject to the city’snoise ordinance and conditions of approval have been incorporated to mitigate drive-thru speaker audio, light standard shields to prevent light flooding from the property, continuous hedge planting along the drive-thru lane to screen vehicle headlights from the public right-of-way. Other conditions of approval require the installation of a trash receptacle at exit of the drive-thru lane as well as, upon notification, the immediate remedy of excessive drive-thru queuing that affects the general circulation of traffic on- site.

Traffic
STC Traffic Inc., prepared a Traffic Impact Analysis Scoping Agreement (TIASA) to assess the project’spotential impacts to local streets and intersections (Exhibit F). The TIASA estimates that the project will generate up to approximately 81 AM peak hours trips and 66 PM peak hour trips. The TIASA concluded that the project will generate an insignificant amount of traffic. However, the project traffic will contribute to an existing delay at the intersection of Ayala Drive and Casmalia Street, and in response the applicant will contribute a “fair-share”payment in the amount of approximately $30,000 towards future improvements at the intersection.

Land Use Compatibility
The project and its design are consistent with the Freeway Incubator (F-I) land use district of the Renaissance Specific Plan and the General Plan. The primary purpose of the Freeway Incubator land use district is to provide services to the motoring public and allows drive-thru restaurant use.

The proposed project is required to install enhanced landscaping with berming and hedges to buffer the existing residences to the north. With successful implementation of the included conditions of approval, the project is not anticipated to have any negative impacts. The project will provide a benefit to the community by replacing an under-developed commercial property with new on-site improvements that will aesthetically enhance the site, improve economic activity and provide an alternative dining option in a convenient location.

GENERAL PLAN CONSISTENCY:

The project is consistent with the following goals of the Land Use Element and Economic Development Element of the Rialto General Plan:

Goal 2-16: Improve the architectural and design quality of development in Rialto.

Goal 2-22: Promote commercial and/or industrial development that is well designed, people- oriented, environmentally sustainable, sensitive to the needs of the visitor or resident, and City of Rialto Printed on 12/3/2021Page 4 of 5
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13 File #: PC-21-0917, Version: 1, Agenda #:
functionally efficient for its purpose.

Goal 3-1: Strengthen and diversify the economic base and employment opportunities, and maintain a positive business climate.

ENVIRONMENTAL IMPACT:

California Environmental Quality Act
This project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15303 (New construction or conversion of small Structures) (Environmental Assessment Review No. 2021-0057). Class 3 allows for the exemption of a project consisting of the new construction of a restaurant up to 2,500 square foot in floor area. A Notice of Exemption form is attached to this agenda report.

PUBLIC NOTICE:

The City mailed a public hearing notice for the proposed project to all property owners within 660 feet of the project site and published the public hearing notice in the San Bernardino Sun newspaper as required by State law.

RECOMMENDATION:

The Planning Division recommends that the Planning Commission:
· Adopt the attached Resolution (Exhibit G) to approve Conditional Development Permit No. 2021- 0002 to allow the operation of drive-thru service in conjunction with a 2,400 square foot fast-food restaurant located at the southeast corner of Ayala Drive and Camalia Street (APN: 1133-591-07) within the Freeway Incubator (F-I) land use district of the Renaissance Specific Plan, subject to the findings and conditions therein; and
· Adopt the attached Resolution (Exhibit H) to approve Precise Plan of Design No. 2021-0002 to allow the development of a 2,400 square foot fast-food restaurant building with drive-thru service located at the southeast corner of Ayala Drive and Camalia Street (APN: 1133-591-07) within the Freeway Incubator (F-I) land use district of the Renaissance Specific Plan, subject to the findings and conditions therein.

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14 Project Location Map
N

CASMALIA STREET
Project Site

AYALA DRIVE
15 SD
SD
BIKE

BIKELANE
TS
TSTV
E
TS
TS
TS
TS
TS
TS
TS
TS
TS
ICV
T
TSTS
TS
E
CLEANAIR/VANPOOL/E.V.

BUILDING NO. SIZE USE PARKING EQUATION REQ. NO. SPACES PROVIDEDTOTAL PARKING PROVIDED: 23 PARKING SPACESHANDICAPPED PARKING SPACES REQUIRED: 23 SPACES- 1 REQUIRED PER CODE. PROVIDED 1 SPACE

SITE PLAN & PARKING SUMMARY
CJC Design, Inc.

RialtoFast Food
16 CJC Design, Inc.

RialtoFast Food
17 18
CLEAN AIR /VANPOOL /E.V.

SD
19 20
21 22
23 24
25 26
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RESOLUTION NO. 2021-XX

A RESOLUTION OF THE PLANNING COMMISSION OF THE

CITY OF RIALTO, CALIFORNIA APPROVING CONDITIONAL
DEVELOPMENT PERMIT NO. 2021-0002 ALLOWING THE

OPERATION OF DRIVE -THRU SERVICE IN CONJU NCTION
WITH A 2,400 SQUARE FOOT RESTAURANT TO BE LOCATED

ON THE SOUTHEAST CORNER OF AYALA DRIV E AND
CASMALIA STREET (APN: 1133-591-07) WITHIN THE

FREEWAY INCUBATOR (F-I) LAND USE DISTRICT OF THE
RENAISSANCE SPECIFIC PLAN.

WHEREAS, the developer, CDM Inc., proposes to establish and operate a vehicular drive- thru service in conjunction with a proposed 2,400 square foot fast-food restaurant building (“Project”) located at the southeast corner of Ayala Drive and Casmalia Street (APN: 1133-591-07) within the Freeway Incubator (F-I) land use district of the Renaissance Specific Plan (“Site”); and WHEREAS, pursuant to Table 3-2 (General Permitted Uses) of the Renaissance Specific Plan and Chapter 18.66 (Conditional Development Permits) of the Rialto Municipal Code , the Project requires a Conditional Development Permit, and the applicant has agreed to apply for Conditional Development Permit No. 2021-0002 (“CDP No. 2021-0002”); and WHEREAS, the Project will consist of a 2,400 square foot commercial building, a drive-thru lane with stacking for approximately ten (10) vehicles, twenty-three (23) parking spaces with adequate lighting, an abundant amount of landscaping, and full pedestrian and vehicle access; and WHEREAS, also in conjunction with the Project, the developer has applied for Precise Plan of Design No. 2021-0002 to allow the development of a 2,400 square foot restaurant building with a drive-thru lane on the Site (“PPD No. 2021-0002”); and
WHEREAS, on December 8, 20 21, the Planning Commission of the City of Rialto conducted a duly noticed public hearing, as required by law, on CDP No. 2021-0002 and PPD No. 2021-0002, took testimony, at which time it received input from staff, the city attorney, and the applicant; heard public testimony; discussed the proposed CDP No. 2021-0002 and PPD No. 2021- 0002; and closed the public hearing; and
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NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Rialto as follows:

SECTION 1. The Planning Commission hereby specifically finds that all of the facts set forth in the recitals above of this Resolution are true and correct and incorporated herein.

SECTION 2. Based on substantial evidence presented to the Planning Commission during the public hearing conducted with regard to CDP No. 2021-0002, including written staff reports, verbal testimony, site plans, other documents, and the conditions of approval stated herein, the Planning Commission hereby determines that CDP No. 2021-0002 satisfies the requirements of Section 18.66.020 of the Rialto Municipal Code pertaining to the findings which must be made precedent to granting a conditional development permit. The findings are as follows:

1. The proposed use is deemed essential or desirable to provide a service or facility which will contribute to the convenience or general well-being of the neighborhood or community; and

This finding is supported by the following facts:

The applicant proposes to establish a drive-thru use in conjunction with the proposed 2,400 square foot restaurant building. The proposed project is a speculative development, and the drive-thru operator is unknown at this time. There is currently only one fast-food drive- thru restaurant on the north side of the SR -210 at the Ayala Drive exit. The Project is anticipated to be a benefit to the community and an improvement to the surrounding area by providing an additional choice f or fast-food drive-thru at a convenient location . The Project will provide a more diverse economic base for the surrounding area and will provide a necessary service for residents and travelers within the City.

2. The proposed use will not be detrimental or injurious to health, safety, or general welfare of persons residing or working in the vicinity; and

This finding is supported by the following facts:

To the east of the Site, across Ayala Drive is the Rialto Center comprised of three (3) retail buildings including a gas station/carwash, multi -tenant retail, and a fast -food drive-thru.

To the south and east is similarly zoned vacant land. To the north, across Casmalia Street, are existing single-family residences. The proposed project is required to install enhanced landscaping with berming and hedges to buffer the existing residences to the north . The Project is consistent with the underlying Freeway Incubator (F-I) land use district and the Renaissance Specific Plan. In addition, the Project has been reviewed by the City staff for compliance with all health, safety, and design requirements to ensure the project will significantly enhance the aesthetics of the local community.

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3. The site for the proposed use is adequate in size, shape, topography, accessibility and other physical characteristics to accommodate the proposed use in a manner compatible with existing land uses; and

This finding is supported by the following facts:

The Site is a relatively flat, rectangular-shaped piece of land currently comprised of one (1) parcel totaling 0.64 acres in size with approximate average dimensions of 250 feet (east-west) by 132 feet (north-south) and is currently developed with a non-conforming residence. The project site will be accessed via the driveway on Casmalia Street near the northeast corner of the project site. The Renaissance Specific Plan identifies a raised median for Casmalia Street so the proposed driveway will be restricted to right -in, right-out only access in the future. Upon completion of the Development, the Site will contain 23 parking spaces which meets the minimum required by the Renaissance Specific Plan. In addition, the development will have a trash enclosure, landscaping, lighting, and accessible pathways leading to the public right-of-way.

4. The site has adequate access to those utilities and other services required for the proposed use; and

This finding is supported by the following facts:

The Site is currently developed with adequate access to all utilities and services required through main water, electric, sewer, and other utility lines that will be modified from residential capacity to retail commercial capacity as needed as part of the proposed Project.

5. The proposed use will be arranged, designed, constructed, and maintained so as it will not be injurious to property or improvements in the vicinity or otherwise be inharmonious with the General Plan and its objectives, or any zoning ordinances; and

This finding is supported by the following facts:

The use is consistent with the underlying Freeway Incubator (F-I) land use district of the Renaissance Specific Plan. The Project will feature high -quality building exteriors designed in compliance with the City’s Design Guidelines. Landscaping has been abundantly incorporated into the site. The landscape coverage for the Project is 12 percent, which exceeds the minimum require ment of the Renaissance Specific Plan. Landscape planters containing trees spaced every thirty (30) linear feet will be installed along the entire perimeter of the Site. Furthermore, the Project includes the installation of 23 parking spaces upon completion of the Project which also meets the minimum requirement of the Renaissance Specific Plan.

6. Any potential adverse effects upon the surrounding properties will be minimized to every extent practical and any remaining adverse effects shall be outweighed by the benefits conferred upon the community or neighborhood as a whole.

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This finding is supported by the following facts:

The Project’s effects will be minimized through the implementation of the Conditions of Approval contained herein, and through the implementation of Conditions of Approval imposed by the Planning Commission on the Precise Plan of Design , such as extensive landscaping, decorative paving, and enhanced architectural features. The Project will meet the development criteria of the F-I land use district and the design criteria of the Renaissance Specific Plan. No potential adverse effects are anticipated and the Project will benefit the community as a whole.

SECTION 3. The project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA), pursuant to Section 15303, New construction or conversion of small Structures. The Planning Commission directs the Planning Division to file the necessary documentation with the Clerk of the Board of Supervisors for San Bernardino County.

SECTION 4. CDP No. 2021-0002 is granted to CDM Inc. in accordance with the plans and application on file with the Planning Division, subject to the following conditions:

1. The applicant is granted CDP No. 20 21-0002 allowing the establishment of vehicular drive-thru service in conjunction with a 2,400 square foot fast-food restaurant to be located at the southeast corner of Ayala Drive and Casmalia Street (APNs: 1133-591-07) within the Freeway Incubator (F-I) land use district of the Renaissance Specific Plan, as shown on the plans submitted to the Planning Division on August 25, 2021, and as approved by the Planning Commission. If the Conditions of Approval specified herein are not satisfied or otherwise completed, the project shall be subject to revocation

2. City inspectors shall have access to the site to reasonably inspect the site during normal working hours to assure compliance with these conditions and other codes.

3. The applicant shall indemnify, protect, defend, and hold harmless, the City of Rialto, and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof (collectively, the “City Parties”), from any and all claim s, demands, law suits, writs of mandamus, and other actions and proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute resolutions procedures (including, but not limited to arbitrations, media tions, and other such procedures), (collectively “Actions”), brought against the City, and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set aside, voi d, or annul, any action of, or any permit or approval issued by, the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof (including actions approved by the voters of the City), for or concerni ng the Project (collectively, the “Entitlements”), whether such Actions are brought under the California Environmental Quality Act, the Planning and Zoning Law, the Subdivision Map Act, Code of Civil Procedure Chapter 1085 or 1094.5, the California Public 32 -5-
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Records Act, or any other state, federal, or local statute, law, ordinance, rule, regulation, or any decision of a court of competent jurisdiction. This condition to indemnify, protect, defend, and hold the City harmless shall include, but not be limited to (i) damages, fees and/or costs awarded against the City, if any, and (ii) cost of suit, attorneys’ fees and other costs, liabilities and expenses incurred in connection with such proceeding whether incurred by applicant, Property owner, or the City and/ or other parties initiating or bringing such proceeding (collectively, subparts (i) and (ii) are the “Damages”). Notwithstanding anything to the contrary contained herein, the Applicant shall not be liable to the City Parties under this indemnity to the e xtent the Damages incurred by any of the City Parties in such Action(s) are a result of the City Parties’ fraud, intentional misconduct or gross negligence in connection with issuing the Entitlements. The applicant shall execute an agreement to indemnify, protect, defend, and hold the City harmless as stated herein within five (5) days of approval of CDP No. 2021-0002.

4. In accordance with the provisions of Government Code Section 66020(d)(1), the imposition of fees, dedications, reservations, or exactions for this Project, if any, are subject to protest by the applicant at the time of approval or conditional approval of the Project or within 90 days after the date of the imposition of the fees, dedications, reservations, or exactions imposed on the Project.

5. The applicant shall install a “DO NOT ENTER” street sign and an illuminated “DO NOT ENTER” directional sign on the drive-side of the drive-thru lane at the exit of the drive- thru lane. The street sign and directional sign shall be identified on the site plan within the building plan check submittal set, prior to the issuance of a building permit.

Furthermore, the street sign and the directional sign shall be installed prior to the issuance of the Certificate of Occupancy.

6. The applicant shall paint “EXIT” and a directional arrow within the center of the drive- thru lane at the exit of the drive -thru lane, prior to the issuance of the Certificate of Occupancy.

7. The property owner, and the tenant utilizing the drive-thru use, shall ensure that vehicle stacking/queuing for the drive-thru lane does not create circulation impacts on the Site at all times. The property owner and the tenant shall implement measures to address and eliminate any impacts, should they occur, as required by the Community Development Director.

8. The applicant shall install and maintain a trash receptacle on the driver-side of the exit of the drive-thru lane. The trash receptacle shall be installed prior to issuance of the Certificate of Occupancy.

9. The applicant shall plant shrubs around the entire outer perimeter of the drive-thru lane for the purpose of creating a solid hedge to screen the headlights of vehicles within the drive-thru. All of the drive-thru shrubs shall be a minimum of five (5) gallons in size upon initial planting, and the shrubs shall be spaced no more than three (3) feet on -center. 33 -6-
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Thereafter, the drive-thru shrubs shall be permanently irrigated and maintained into a continuous box-shape along the entire length of the drive-thru lane with a height of no less than three and one -half (3.5) feet above the finished grade. The shrubs shall be identified on the formal Landscape Plan submittal prior to the issuance of a landscape permit.

10. The applicant shall obtain all necessary approvals and operating permits from all Federal, State, and local agencies and provide proof thereof to the City prior to the issuance of a Certificate of Occupancy.

11. The privileges granted by the Planning Commissio n pursuant to approval of this Conditional Development Permit are valid for two (2) years from the effective date of approval. If the applicant fails to commence the project within two year s of said effective date, this conditional development permit shall be null and void and any privileges granted hereunder shall terminate automatically. If the applicant or his or her successor in interest commence the project within two years of the effective date of approval, the privileges granted hereunder will continue inured to the property as long as the property is used for the purpose for which the conditional development permit was granted, and such use remains compatible with adjacent property uses.

12. Approval of CDP No. 2021-0002 will not become effective until the applicant has signed a statement acknowledging awareness and acceptance of the required conditions of approval contained herein

13. In the event, that any operation on the Site is found to be objectionable or incompatible with the character of the City and its environs due to excessive noise, excessive traffic, loitering, criminal activity or other undesirable characteristics including, but not strictly limited to, uses which are or have become offensive to neighboring property or the goals and objectives of the Freeway Incubator (F-I) land use district of the Renaissance Specific Plan and the City’s General Plan, the applicant shall address the issues within forty-eight (48) hours of being notified by the City

14. If the applicant fails to comply with any of the conditions of approval placed upon CDP No. 2021-0002 or P PD No. 20 21-0002 the Planning Commission may initiate proceedings to revoke the conditional development permit in accordance with the provisions of Sections 18.66.070 through 18.66.090, inclusive, of the Rialto Municipal Code. CDP No. 2021-0002 may be revoked, suspended or modified in accordance with Section 18.66.070 of the Zoning Ordinance at the discretion of the Planning Commission if:

a) The use for which such approval was granted has ceased to exist, been subsequently modified, or has been suspended for six (6) months or more;

b) Any of the express conditions or terms of such permit are violated;

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c) The use for which such approval was granted becomes or is found to be objectionable or incompatible with the character of the City and its environs due to noise, loitering, criminal activity or other undesirable characteristics including, but not strictly limi ted to uses which are or have become offensive to neighboring property or the goals and objectives of the Freeway Incubator (F-I) land use district , the Renaissance Specific Plan, and the City’s General Plan.

15. Approval of CDP No. 2021-0002 will not become effective until the applicant has signed a statement acknowledging awareness and acceptance of the required conditions of approval contained herein.

SECTION 5. The Chairman of the Planning Commis sion shall sign the passage and adoption of this resolution and thereupon the same shall take effect and be in force.

PASSED, APPROVED AND ADOPTED this 8th day of December, 2021.

_________________________________

FRANK GONZALEZ, CHAIR

CITY OF RIALTO PLANNING COMMISSION

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STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss

CITY OF RIALTO )

I, Adrianna Martinez, Administrative Assistant of the City of Rialto, do hereby certify that the foregoing Resolution No. ____ was duly passed and adopted at a regular meeting of the Planning Commission of the City of Rialto held on the ___th day of ____, 2021.

Upon motion of Planning Commissioner_____., seconded by Planning Commissioner ____, 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 __th day of ___, 2021.

___________________________________________________

ADRIANNA MARTINEZ, ADMINISTRATIVE ASSISTANT

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RESOLUTION NO. 2021-XX

A RESOLUTION OF THE PLANNING COMMISSION OF THE

CITY OF RIALTO, CALIFORNIA APPROVING PRECISE PLAN
OF DESIGN NO. 2021-0002 ALLOWING THE DEVELOPMENT
OF A 2,400 SQUARE FOOT F ASTFOOD RESTAURANT

BUILDING WITH DRIVE -THROUGH SERVICE AND

ASSOCIATED PAVING, F ENCING, LIGHTING,
LANDSCAPING, AND DRA INAGE IMPROVEMENTS O N 1.2
ACRES OF LAND (APN: 1133-591-07) LOCATED AT THE

SOUTHEAST CORNER OF A YALA DRIVE AND CASMALIA

STREET WITHIN THE FREEWAY INCUBATOR (FI) LAND USE
DISTRICT OF THE RENAISSANCE SPECIFIC PLAN.

WHEREAS, the applicant, CDM Inc., proposes to develop a 2,400 square foot fast -food drive-through restaurant building with and associated paving, fencing, lighting, landscaping, and drainage improvements (“Project”) on 1.2 acres of land (APN: 1133-591-07) located at the southeast corner of Ayala Drive and Casmalia Street within the Freeway Incubator (FI) land use district of the Renaissance Specific Plan (“Site”); and
WHEREAS, Pursuant to Section 18.65.010 of the Rialto Municipal Code, the Project requires a Precise Plan of Design, and the applicant has agreed to apply for Precise Plan of Design No. 2021- 0002 (“PPD No. 2021-0002”); and
WHEREAS, in conjunction with the Project, the applicant has submitted Conditional Development Permit No. 2021 -0002 to allow the operation of a drive-through service in conjunction with a 2,400 square foot restaurant on the Site (“CDP No. 2021-0002”); and WHEREAS, in conjunction with the Project, the applicant has submitted Conditional Development Permit No. 2021-0002 to facilitate the establishment of a drive-through service for the 2,400 square foot fast-food restaurant building on the Site (“CDP No. 2021-0002”); and WHEREAS, on December 8, 2021, the Planning Commission of the City of Rialto conducted a duly noticed public hearing, as required by law, on PPD No. 2021-0002 and CDP No. 2021-0002, took testimony, at which time it received input from staff, the city attorney, and the applicant; heard public testimony; discussed the proposed PPD No. 2021-0002 and CDP No. 2021- 0002; and closed the public hearing; and
WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred. 37 -2-
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NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Rialto as follows:

SECTION 1. The Planning Commission hereby specifically finds that all of the facts set forth in the recitals above of this Resolution are true and correct and incorporated herein.

SECTION 2. Based on substantial evidence presented to the Planning Commission during the public hearing conducted with regard to PPD No. 2021-0002, including written staff reports, verbal testimony, site plans, other documents, and the conditions of approval stated herein, the Planning Commission hereby determines that PPD No. 2021-0002 satisfies the requirements of Section 18.65.020E of the Rialto Municipal Code pertaining to the findings which must be ma de precedent to approving a Precise Plan of Design application. The findings are as follows:

1. The proposed development is in compliance with all city ordinances and regulations, unless in accordance with an approved variance; and

This finding is supported by the following facts:

The Project, as conditioned herein, will comply with all City ordinances and regulations, including those within the Renaissance Specific Plan. The Site has a General Plan land use designation of Specifi c Plan with a Specific Plan Overlay and is within the Freeway Incubator (FI) land use district of the Renaissance Specific Plan. Those designations are intended to accommodate the development and operation of a restaurant with drive-through facilities with approval of a Conditional Development Permit, which ha ve been filed in conjunction with th e Project. Additionally, the Project meets all of the required development standards of the FI land use district including, but not limited to, required building setbacks, parking, landscaping, building height, floor area ratio, etc.

2. The site is physically suitable for the proposed development, and the proposed development will be arranged, designed, constructed, and maintained so that it will not be unreasonably detrimental or injurious to property, improvements, or the health, safety or general welfare of the general public in the vicinity, or otherwise be inharmonious with the City’s General Plan and its objectives, zoning ordinances or any applicable specific plan and its objectives; and

This finding is supported by the following facts:

The Project is consistent with the FI land use district of the Renaissance Specific Plan and the surrounding uses. The project site is bound by Casmalia Street on the north and Ayala Drive on the west. To the north, across Casmalia Street, is a n existing residential tract development, and to the west, across A yala Drive, is a recently constructed fuel station.

To the south is vacant land and a San Bernardino County Flood Control Channel, and to the east is approximately 1.56 acres of vacant land. The nearby areas to the east and west 38 -3-
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are predominantly designated for and developed with commercial and industrial uses, and area to the north is zoned for residential land use. The project is designed with features and measures, such as enhanced landscape buffering that incorporate berms along the frontage setback, hedge continuous hedges adjacent to drive -thru lane and parking areas and shielding on light standard will be implemented/maintained. Additionally, the project has been reviewed by the City staff for compliance with all health, safety, and design requirements to ensure the project will significantly enhance th e infrastructure and aesthetics of the local community.

3. The proposed development will not unreasonably interfere with the use or enjoyment of neighboring property rights or endanger the peace, health, safety or welfare of the general public; and

This finding is supported by the following facts:

The Project is anticipated to be a benefit to the community creating a more diverse economic base for the community by providing additional choices for food at a convenient location. The Project will improve an under-utilized non-conforming use property with desirable improvements that will aesthetically enhance the appearance of the community and visitors exiting the SR-210 Freeway at Ayala Drive. The implementation of the Project’s Conditions of Approval will ensure that there is no interference with neighboring property rights, or any endanger to the peace, health, safety or welfare of the general public.

4. The proposed development will not substantially interfere with the orderly or planned development of the City of Rialto.

This finding is supported by the following facts:

The Project uses are consistent with the FI land use district of the Renaissance Specific Plan.

The design of the Project will ensure a continuation of the public improvements and aesthetics present in the surrounding area. The City staff have reviewed the design of the Project to ensure compliance with all health, safety, and design requirements to ensure the Project will enhance the infrastructure and aesthetics of the local community.

SECTION 3. CDM Inc. is hereby granted PPD No. 2021-0002 to allow the development of a 2,400 square foot fast-food drive-through restaurant building with and associated paving, fencing, lighting, landscaping, and drainage improvements (“Project”) on 1.2 acres of land (APN: 1133-591- 07) located at the southeast corner of Ayala Drive and Casmalia Street within the Freeway Incubator (FI) land use district of the Renaissance Specific Plan (“Site”); and SECTION 4. The Project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA), pursuant to Section 15303, New construction or conversion of 39 -4-
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small Structures. The Planning Commission directs the Planning Division to file the necessary documentation with the Clerk of the Board of Supervisors for San Bernardino County (Environmental Assessment Review No. 2021-0057) for the Project.

SECTION 4. PPD No. 2021-0002 is granted to CDM Inc., in accordance with the plans and application on file with the Planning Division, subject to the following conditions:

1. The applicant is granted PPD No. 2021-0002 allowing the development of a 2,400 square foot fast-food restaurant building with drive-thru service and associated paving, fencing, lighting, landscaping, and drainage improvements on 0.64 acres of land (APN: 1133-591- 07) located at the southeast corner of Ayala Drive and Casmalia Street within the Freeway Incubator (FI) land use district of the Renaissance Specific Plan, as shown on the plans attached as “Exhibit A” and as approved by the Planning Commission , subject to the Conditions of Approval contained herein.

2. The approval of PPD No. 2021-0002 is granted for a two (2) year period from the date of approval. Approval of PPD No. 2021-0002 will not become effective until the applicant has signed a Statement of Acceptance acknowledging awareness and acceptance of the required Conditions of Approval contained herein. Any request for an extension shall be reviewed by the Community Development Director and shall be based on the progress that has taken place toward the development of the Project.

3. The development associated with PPD No. 2021-0002 shall comply with all Conditions of Approval contained within CDP No. 2021-0002.

4. The development associated with PPD No. 2021-0002 shall comply with all applicable sections of the Renaissance Specific Plan, the Rialto Municipal Code, and all other applicable State and local laws and ordinances.

5. If there are circulation impacts as a result of vehicles stacking or queuing in the main drive aisles of the Site, the applicant shall implement measures to address and eliminate the impacts, if requested by the Community Development Director.

6. City inspectors shall have access to the site to reasonably inspect the site during normal working hours to assure compliance with these conditions and other codes.

7. The applicant shall indemnify, protect, defend, and hold harmless, the City of Rialto, and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof (collectively, the “City Parties”), from any and all claims, demands, law suits, writs of mandamus, and other actions and proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute resolutions procedures (including, but not limited to arbitrations, mediation s, and other such procedures), (collectively “Actions”), brought against the City, and/or 40 -5-
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any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, o r annul, the any action of, or any permit or approval issued by, the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof (including actions approved by the voters of the City), for or concerni ng the Project (collectively, the “Entitlements”), whether such Actions are brought under the California Environmental Quality Act, the Planning and Zoning Law, the Subdivision Map Act, Code of Civil Procedure Chapter 1085 or 1094.5, the California Public Records Act, or any other state, federal, or local statute, law, ordinance, rule, regulation, or any decision of a court of competent jurisdiction. This condition to indemnify, protect, defend, and hold the City harmless shall include, but not be limited to (i) damages, fees and/or costs awarded against the City, if any, and (ii) cost of suit, attorneys’ fees and other costs, liabilities and expenses incurred in connection with such proceeding whether incurred by applicant, Property owner, or the City and/ or other parties initiating or bringing such proceeding (collectively, subparts (i) and (ii) are the “Damages”). Notwithstanding anything to the contrary contained herein, the Applicant shall not be liable to the City Parties under this indemnity to the e xtent the Damages incurred by any of the City Parties in such Action(s) are a result of the City Parties’ fraud, intentional misconduct or gross negligence in connection with issuing the Entitlements.

8. In accordance with the provisions of Government Code Section 66020(d)(1), the imposition of fees, dedications, reservations, or exactions for this Project, if any, are subject to protest by the applicant at the time of approval or conditional approval of the Project or within 90 days after the date of the im position of the fees, dedications, reservations, or exactions imposed on the Project.

9. The applicant shall install a “Community Marker” sign at the southeast corner of the project site, near the intersection of Ayala Drive and Casmalia Street, in accordance with Figure 4-1 (Entries and Monuments) of the Renaissance Specific Plan. The “Community Marker” sign shall be setback five (5) feet behind the landscape easement along Ayala Drive and Casmalia Street. The exact location of the “Community Marker” sign shall be identified on the precise grading plan prior to the issuance of a grading permit. The applicant shall obtain a building permit from the Building Division for the “Community Marker” sign, and construction of the “Community Marker” sign shal l pass final inspection prior to the issuance of any Certificate of Occupancy.

10. In order to provide enhanced building design in accordance with Section 4 (Design Guidelines) of the Renaissance Specific Plan, the applicant shall route all downspouts through the interior of all structures. The internal downspouts shall be identified within the formal building plan check submittal prior to the issuance of building permits.

11. In order to provide enhanced building design in accordance with Section 4 (Design Guidelines) of the Renaissance Specific Plan, the applicant shall construct parapet returns, at least five (5) feet in depth from the main wall plane, at all height variations on all four 41 -6-
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(4) sides of each building. The parapet returns shall be demonstrated on the roof plans within the formal building plan check submittal prior to the issuance of building permits.

12. In order to provide enhanced site design in accordance with Section 4 (Design Guidelines) of the Renaissance Specific Plan, any required bollards shall be constructed in a decorative manner. The decorative design shall be consistent with the overall architecture of the project. The final design of any bollards shall be approved by the Planning Division prior to the issuance of building permits. An elevation detail for any required bollards shall be included within the formal building plan check submittal prior to the issuance of building permits.

13. In order to provide enhanced building design in accordance with Section 4 (Design Guidelines) of the Renaissance Specific Plan, the applicant shall provide internal roof access only for each building. The internal roof access shall be identified within the formal building plan check submittal prior to the issuance of building permits.

14. In order to provid e enhanced building design in accordance with Section 4 (Design Guidelines) of the Renaissance Specific Plan, the applicant shall incorporate the mechanical, electrical and utility rooms into the articulated footprint of the building.

15. Any new walls, including any retaining walls, shall be comprised of decorative masonry block. Decorative masonry block means tan-colored slumpstone block, tan-colored split- face block, or precision block with a stucco, plaster, or cultured stone finish. Pila sters shall be incorporated within all new walls. The pilasters shall be spaced a maximum of seventy (70) feet on-center and shall be placed at all corners and ends of the wall. All pilasters shall protrude a minimum of one (1) block course above the wall and a minimum of six (6) inches to the side of the wall. All decorative masonry walls and pilasters, including retaining walls, shall include a decorative masonry cap. All walls and pilasters shall be identified on the site plan, and an elevation detail for the walls shall be included in the formal building plan check submittal prior to the issuance of building permits.

16. Any new fencing installed on site shall be comprised of tubular steel. Decorative masonry or decorative concrete pilasters, with a minimum dimension of sixteen (16) inch square, shall be incorporated within all new fencing visible from any public right -of-way.

Decorative masonry block means tan slumpstone block, tan split-face block, or precision block with a stucco, plaster, or cultured stone finish. Decorative concrete means painted concrete with patterns, reveals, and/or trim lines. The pilasters shall be spaced a maximum of seventy (70) feet on-center and shall be placed at all corners and ends of the fencing.

All decorative masonry pilasters shall include a decorative masonry cap. All fencing and pilasters shall be identified on the site plan, and an elevation detail for the fencing and pilasters shall be included in the formal building plan check submittal prior to the issuance of building permits.

17. Any new fencing along the frontages of Ayala Drive and Casmalia Street shall be installed at the rear of the landscape setbacks along those street frontages. This will ensure 42 -7-
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unobstructed visibility of the Project’s landscaping alon g Ayala Drive and Casmalia Street.

18. The exterior of the trash enclosure shall match the color and materials of the buildings on- site or be comprised of decorative masonry block. Decorative masonry block means tan- colored slumpstone block, tan-colored split-face block, or precision block with a stucco, plaster, or cultured stone finish. Additionally, the trash enclosure shall contain solid steel doors and a flat solid cover. Corrugated metal and chain-link are not acceptable materials to use as a part of the trash enclosure. An elevation detail for the trash enclosure shall be provided within formal building plan check submittal prior to the issuance of building permits.

19. All light standards, including the base, shall have a maximum height of twenty-five (25) feet, as measured from the finished surface. Lighting shall be shielded and/or directed toward the site so as not to produce direct glare or "stray light" onto adjacent properties.

All light standards shall be identified on the site plan and a detail indicating the height shall be included within the formal building plan check submittal prior to the issuance of building permits.

20. The applicant shall submit a formal Landscape Plan Review application to the Planning Division prior to the issuance of building permits. The submittal shall include three (3) sets of planting and irrigation plans, a completed Landscape Plan Review application, and the applicable review fee.

21. The applicant shall plant one (1) tree every thirty (30) feet on-center within the on-site landscape setbacks along Ayala Drive and Casmalia Street. All trees within the landscape setback shall be a minimum of twenty-four (24) inch box in size, upon initial planting.

Thereafter, the trees within the landscape setback shall be permanently irrigated and maintained by the property owner. At least fifty (50) percent of the trees within the setback shall consist of evergreen broadleaf trees, while the remaining percentage may consist of broadleaf deciduous trees and/or palm trees. The trees shall be identified on the formal Landscape Plan submittal prior to the issuance of a landscape permit.

22. The applicant shall plant one (1) tree every thirty (30) feet on -center within the public right-of-way parkway along Ayala Drive. All trees within the public right -of-way parkway shall be a minimum of twenty-four (24) inch box in size, upon initial planting.

Thereafter, the trees within the public right-of-way parking shall be permanently irrigated and maintained, as required by the Public Works Department. The street tree species along Ayala Drive shall be the Pistachia Chinensis “Chinese Pistache”, Hymenosporum Flavum “Wedding Tree” and/or the Koelrueteria Bipinnata “Chinese Lantern”. The street trees shall be identified on the formal Landscape Plan submittal prior to the issuance of a landscape permit.

23. The applicant shall plant one (1) tree every thirty (30) feet on -center within the public right-of-way parkway along Casmalia Street. All trees within the public right -of-way parkway shall be a minimum of twenty-four (24) inch box in size, upon initial planting. 43 -8-
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Thereafter, the trees within the public right-of-way parkway shall be permanently irrigated and maintained, as required by the Public Works Department. The street tree species along Casmalia Street shall be the Hymenosporum Flavum “Wedding Tree” and/or the Pistachia Chinensis “Chinese Pistache”. The trees shall be identified on the formal Landscape Plan submittal prior to the issuance of building permits.

24. The applicant shall plant a row of shrubs at the rear of the landscape setbacks along Ayala Drive and Casmalia Street for the purpose of creating a solid hedge to screen the headlights of vehicles from within the Site. All of the shrubs shall be a minimum of five (5) gallons in size upon initial planting, and the shrubs shall be spaced no more than three (3) feet on-center. Thereafter, the shrubs shall be permanently irrigated and maintained into a continuous box-shape along the entire length of the landscape setbacks with a height of no less than three and one-half (3.5) feet above the finished grade. The shrubs shall be identified on the formal Landscape Plan submittal prior to the issuance of a landsca pe permit.

25. The applicant shall plant shrubs that surround all ground mounted equipment and utility boxes, including transformers, fire-department connections, backflow devices, etc. for the purpose of providing screening of said equipment and utility boxes. All equipment and utility box screen shrubs shall be a minimum of five (5) gallons in size upon initial planting, and the shrubs shall be spaced no more than three (3) feet on-center. Thereafter, the equipment and utility box screen shrubs shall be permanently irrigated and maintained into a continuous box-shape with a height of no less than three and one -half (3.5) feet above the finished grade. The shrubs shall be identified on the formal Landscape Plan submittal prior to the issuance of a landscape permit.

26. The applicant shall plant a substantial amount of trees, shrubs, and groundcover throughout all land on-site and off-site (adjacent to the project site) that is not covered by structures, walkways, parking areas, and driveways. Trees shall be planted a minimum of thirty (30) feet on-center, and all shrubs and groundcover shall be planted an average of three (3) feet on-center or less. All trees shall be minimum of fifteen (15) gallons in size upon initial planting, unless otherwise specified herein. At least fifty (50) percent of the trees shall consist of evergreen broadleaf trees, while the remaining percentage may consist of broadleaf deciduous trees and/or palm trees. All shrubs shall be a minimum of one (1) gallon in size, unless otherwise specified herein. All planter areas shall receive a minimum two (2) inch thick layer of brown bark, organic mulch, and/or decorative rock upon initial planting. Pea gravel and decomposed granite are not acceptable materials to use within planter areas. All planter areas on -site shall be permanently irrigated and maintained. The planting and irrigation shall be identified on the formal Landscape Plan submittal prior to the issuance of a landscape permit.

27. All planting and irrigation shall be installed on -site in accordance with the approved landscape plans and permit prior to the issuance of a Certificate of Occupancy. The installation of the planting and irrigation shall be certified in writing by the lan dscape architect responsible for preparing the landscape plans prior to the issuance of a Certificate of Occupancy.
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28. The applicant shall install and maintain a trash receptacle on the driver-side of the exit of the drive-thru lane. The trash receptacle sh all be installed prior to issuance to the Certificate of Occupancy.

29. The applicant shall install a bicycle rack adjacent to pathway near the restaurant building entrance prior to the issuance of the Certificate of Occupancy.

30. Any tubular steel fencing and/or sliding gates shall be painted black prior to the issuance of a Certificate of Occupancy, unless specified otherwise herein.

31. All non-glass doors shall be painted to match the color of the adjacent wall prior to the issuance of a Certificate of Occupancy.

32. The applicant shall comply with all applicable requirements of the California Fire Code and Chapter 15.28 (Fire Code) of the Rialto Municipal Code.

33. The applicant or General Contractor shall identify each contractor and subcontractor hired to work at the job site on the Contractor Sublist form and return it to the Business License Division with a Business License application and the Business License tax fee based on the Contractors tax rate for each contractor listed on the form.

34. Prior to issuance of a Certificate of Occupancy, a Business License tax shall be paid based on the Retail Merchant Food rate.

35. Prior to issuance of a Certificate of Occupancy, any Lessor of the property shall pay a business license tax based on the Rental Income Property tax rate.

36. At the discretion of the Rialto Police Department, t he applicant shall illuminate a ll walkways, passageways, and locations where pedestrians are likely to travel with a minimum of 1. 0-foot candles (at surface level) of light during the hours of darkness.

Lighting shall be designed/constructed in such a manner as to automatically turn on at dusk and turn off at dawn.

37. At the discretion of the Rialto Police Department, the applicant shall illuminate a ll alleyways, driveways, and uncovered parking areas with a minimum of 1.0-foot candles (at surface level) of light during the hours of darkness. Lighting shall be designed/constructed in such a manner as to automatically turn on at dusk and turn off at dawn.

38. The applicant shall design/construct a ll lighting fixtures and luminaries, including supports, poles and brackets, in such a manner as to resist vandalism and/or destruction by hand.

39. The applicant shall provide and maintain an illuminated channel letter address prominently placed on the drive-through restaurant building to be visible from the front 45 -10-
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of the location and the rear of the location if facing the public street, prior to the issuance of a busines s license for the self -storage facility. Specifications for the illuminated channel letters are as follows: The illuminated channel letters shall indicate the numerical address of the Site. The channel letters shall be at least twelve (12) inches tall and at least four (4) inches deep with a “white” color face.

40. The applicant, landlord, and/or operator shall install and maintain exterior security cameras on the Site that cover the entire extent of the Site, as approved by the Rialto Police Department. The security cameras shall be accessible to the Rialto Police Department via the internet through FUSUS hardware and application. The security cameras shall be installed and operational prior to the issuance of a business license for the self -storage facility.

41. The applicant shall install and maintain Knox boxes immediately adjacent to the exterior of the main entrance to each building and at least one (1) rear/secondary entrance on each building to facilitate the entry of safety personnel. The Knox boxes shall be installed in such a manner as to be alarmed, resist vandalism, removal, or destruction by hand, and be fully recessed into the building. The Knox boxes shall be equipped with the appropriate keys, for each required location, prior to the first da y of business. The Knox-Box placement shall be shown on the formal building plan review submittal prior to the issuance of a building permit.

42. The applicant shall prominently display and maintain the address on the drive-through restaurant building rooftop to be visible to aerial law enforcement or fire aircraft.

Specifications to be followed for alphanumeric characters are as follows: Three (3) foot tall and six (6) inches thick alphanumeric characters. The alphanumeric characters shall be constructed in such a way that they are in stark contrast to the background to which they are attached (e.g. white numbers and letters on a black background), and resistant weathering that would cause a degradation of the contrast. The address shall be displayed on the building rooftop accordingly prior to the issuance of a business license.

43. The applicant shall provide and maintain an audible alarm within each building, including at the rear door, prior to the issuance of a business license. The building shall be alarmed in such a way as to emit a continuous audible notification until reset by responsible personnel (e.g., alarmed exit device/crash bar).

44. The applicant shall comply with all conditions of approval for PPD No. 2021-0002 to the satisfaction of the City Engineer, prior to the issuance of a Certificate of Occupancy.

45. The applicant shall pay all applicable development impact fees in accordance with the current City of Rialto fee ordinance, including any Transportation and Traffic Fair Share Contribution fees, prior to issuance of a building permit.

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46. The applicant shall modify the traffic signal at the southeast corner of Casmalia Street and Ayala Ave due to the reconstruction of the curb return and curb ramp. All reconstruction shall meet accessibility requirements.

47. The developer shall be responsible for coordinating with Omnitrans regarding the location of existing, proposed, and future bus stops along the property frontage of all public streets. The developer shall design street and sidewalk improvem ents in accordance with the latest Omnitrans bus stop guidelines and in compliance with current accessibility standards pursuant to the Americans with Disabilities Act (ADA) requirements. The developer shall design all bus stops to accommodate the Omnitrans Premium Shelters. Prior to Certificate of Occupancy, the developer shall submit to Public Works verification from Omnitrans acknowledging concurrence with the existing, proposed, and future bus stop improvements in conformance with the Premium Shelter design guidelines. Additionally, bus turnouts are required to accommodate proposed bus stops in accordance with the City Standards and as approved by the City Engineer.

48. The applicant shall submit a Precise Grading/Paving Plan prepared by a California registered civil engineer to the Public Works Engineering Division for review and approval. The Grading Plan shall be approved by the City Engineer prior to the issuance of any building permit.

49. The applicant shall submit a Geotechnical/Soils Report, prepared by a California registered Geotechnical Engineer prepared Geotechnical/Soils Report shall be required for and incorporated as an integral part of the grading/paving plan for the proposed development. A copy of the Geotechnical/Soils Report shall be submi tted to the Engineering Division with the first submittal of the Precise Grading/Paving Plan.

50. The applicant shall submit street improvement plans by a registered California civil engineer to the Public Works Engineering Division for review. The plans shall be approved by the City Engineer prior to the issuance of building permits.

51. The applicant shall submit Traffic Striping/Signage plans prepared by a California registered Civil Engineer for review and approval by the City Engineer. All required traffic striping and signage improvements shall be completed concurrently with required street improvements, to the satisfaction of the City Engineer and prior to issuance of a Building Permit. Approved traffic striping and signage plans must include required Class II thermoplastic Bicycle Facilities as referenced on the San Bernardino County Non - Motorized Transportation Plan – June 2018, Figure 5.36, Sheet 5-150.

52. The applicant shall submit off-site landscaping and irrigation system improvement plans for review and approval concurrently with street improvement plan submittal to the Public Works Department. The median irrigation system, parkway irrigation system, and applicable Specific Plan required landscape easement irrigation system shall be separately metered from the on-site private irrigation to facilitate separate utility bill payment by the City after th e required one -year maintenance period via the Landscape and Lighting 47 -12-
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Maintenance District No. 2. The off -site landscape and irrigation plans must show separate electrical and water meters to be annexed into LLMD2 via a City Council public hearing process. Use of existing LLMD2 water meter and electrical pedestal is encouraged. The Landscape and Irrigation plans shall be approved concurrently with the Street Improvement plans, including the median portion, applicable easement portion, and/or parkway portion, prior to issuance of a building permit. The landscaping architect must contact the City of Rialto Landscape Contract Specialist at (909) 820-2602 to ensure all landscape and irrigation guidelines are met prior to plan approval. Electrical and water irrigation meter pedestals must not be designed to be installed at or near street intersections or within a raised median to avoid burdensome traffic control set -up during ongoing maintenance. The off-site Landscape and Irrigation plans shall be designed in accordance with the Public Works Landscape Maintenance District Guidelines

53. All median, applicable landscape easement, and parkway landscaping shall be guaranteed for a period of one year from the date of acceptance by the City Engineer acceptance. Any landscaping that fails during the one-year landscape maintenance period shall be replaced with similar plant material to the satisfaction of the City Engineer and shall be subject to a subsequent one-year landscape maintenance period. The applicant must contact the City of Rialto Landscape Contract Specialist at (909) 820-2602 to confirm a full twelve (12) months’ time of non-interrupted ongoing maintenance.

54. All proposed trees within the public right-of-way and within 10 feet of the public sidewalk and/or curb shall have City approved deep root barriers installed in accordance with the Public Works Landscape and Irrigation Guidelines or as approved by the City Engineer.

55. At the discretion of the City Engineer, the applicant shall apply for annexation of the underlying property into City of Rialto Landscape and Lighting Maintenance District No. 2 (“LLMD 2”) or enter into a landscape maintenance agreement to be recorded on t he property. An application fee of $5,000 shall be paid at the time of application. Annexation into LLMD 2 is a condition of acceptance of any new median, parkway, and/or easement landscaping, or any new public street lighting improvements, to be maintained by the City of Rialto. All final approved plans and documents required for the annexation shall be submitted by the property owner prior to issuance of a building permit. The annexation process shall be completed prior to recordation of any applicable Final Tract/Parcel Maps.

For developments with no Final Maps or if the Final Map does not create any new parcels, the annexation process shall be completed prior to issuance of any certificate of occupancy. Due to the required City Council Public Hearin g action, the annexation process takes months and as such the developer is advised to submit all plans and documents required for Special District annexation as early-on in the in the plan review and permitting process to avoid any delays with issuance of permit(s) and certificate(s) of occupancy or approval of final map(s).

56. The applicant shall submit sewer improvement plans by a registered California civil engineer to the Public Works Engineering Division for review. The plans shall be approved by the City Engineer prior to the issuance of building permits. 48 -13-
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57. The applicant shall submit copies of approved water improvement plans prepared by a registered California civil engineer to the Public Works Engineering Division for record purposes. The plans shall be approved by West Valley Water District, the water purveyor, prior to the issuance of building permits.

58. The applicant shall submit a wet-signed and stamped Earthwork Cut and Fill Certification Letter prepared by a Civil Engineer registered in the State of California to the Public Works Engineering Division for review. If the required cut or fill of earthwork in cubic yards is 50 CY or less, a Precise Grading/Paving Plan will not be required; however, the applicant is required to pull an NPDES/Public Work s permit prior to issuance of a Building Permit to assist with inspection services.

59. The applicant shall provide pad elevation certification for all building pads, in conformance with the approved Precise Grading Plan, to the Engineering Division prior to construction of any building foundation.

60. Prior to the issuance of Grading/On-site Construction Permit, the applicant shall apply and complete the Special District Annexation for the public street lighting and the public landscape and irrigation into the Landscape and Lighting Maintenance District 2 (LLMD2), including applicable specific plan required landscape easement areas, parkway areas, and raised medians along the property frontage.

61. At the discretion of the City Engineer, t he applicant shall submit off-site landscaping and irrigation system improvement plans for review and approval at the time of first (1st) public improvement plan submittal to the Public Works Department. The parkway irrigation system shall be separately metered from the on -site private irrigation to be maintained for a period of one (1) year and annexed into a Special District. The off-site landscape and irrigation plans must show separate electrical and water meters to be annexed into the Landscape and Lighting Maintenance District No. 2 via a City Council Public Hearing. The landscape and irrigation plans shall be approved concurrently with the street improvement plans, prior to issuance of a building permit. The landscaping architect must contact the City of Rialto Landscape Contr act Specialist at (909) 772 - 2635 to ensure all landscape and irrigation guidelines are met prior to plan approval.

Electrical and water irrigation meter pedestals must not be designed to be installed at or near street intersections or within a raised medi an to avoid burdensome traffic control set-up during ongoing maintenance.

62. The applicant is responsible for requesting from the Public Works Department any addresses needed for any building(s) and/or any electrical single/dual irrigation meter pedestal(s). The main building address shall be included on Precise Grading Plans and Building Plan set along with the PPD number. The electrical meter pedestal addresses (single or dual) shall be included in the public improvement plans.

63. Any dry utility improvements within the public right -of-way require a City of Rialto Encroachment Permit.
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64. A single master Off -site Construction Permit is required for any street, wet utility, landscape and irrigation, and traffic signal improvements along the project fro ntage within the public right-of-way. In an effort to expedite and facilitate improvements in the public right-of-way, the applicant is responsible for submitting a multi-phase master plan traffic control plan which includes all phases of construction along the project frontage in the public right-of-way i.e. sewer, water, overhead, underground, etc. prior to the issuance of an Off-site Construction Permit. Note, in an effort to simplify the permitting process, a single master Off -Site Construction Permit s hall replace individual Encroachment Permits to be pulled by the developer's contractor.

65. The public street improvements outlined in these Conditions of Approval are intended to convey to the developer an accurate scope of required improvements, however, the City Engineer reserves the right to require reasonable additional improvements as may be determined in the course of the review and approval of street improvement plans required by these conditions.

66. The applicant shall construct asphalt concrete paving for streets in two separate lifts.

The final lift of asphalt concrete pavement shall be post poned until such time that on- site construction activities are complete. Unless the City Engineer provide s prior authorization, paving of streets in one lift prior to completion of on-site construction is not allowed. If City Engineer authorized, complet ion of asphalt concrete paving for streets prior to completion of on-site construction activities, requires additional paving requirements prior to acceptance of the street improvements, including, but not limited to: removal and replacement of damaged asp halt concrete pavement, overlay, slurry seal, or other repairs, as determined by the City Engineer.

67. All street cuts for utilities shall be repaired in accordance with City Standard SC -231 within 72 hours of completion of the utility work; and any interim trench repairs shall consist of compacted backfill to the bottom of the pavement structural section followed by placement of standard base course material in accordance with the Standard Specifications for Public Work Construction (“Greenbook”). The base course material shall be placed the full height of the structural section to be flush with the existing pavement surface and provide a smooth pavement surface until permanent cap paving occurs using an acceptable surface course material.

68. In accordance with City Ordinance No. 1589, adopted to preserve newly paved streets, any and all street and/or trench cuts in newly paved streets will be subject to moratorium street repair standards as reference in Section 11.04.145 of the Rialto Municipal Code.

69. The applicant shall backfill and/or repair any and all utility trenches or other excavations within existing asphalt concrete pavement of off-site streets resulting from the proposed development, in accordance with City of Rialto Standard Drawings. The applicant shall be responsible for removing, grinding, paving and/or overlaying existing asphalt concrete pavement of off -site streets including pavement repairs in 50 -15-
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addition to pavement repairs made by utility companies for utilities installed for the benefit of the proposed development (i.e. Fontana Water Company , Southern California Edison, Southern California Gas Company, Time Warner, Verizon, etc.).

Multiple excavations, trenches, and other street cuts within existing asphalt concrete pavement of off -site stre ets resulting from the proposed development may require complete grinding and asphalt concrete overlay of the affected off -site streets, at the discretion of the City Engineer. The pavement condition of the existing off-site streets shall be returned to a condition equal to or better than what existed prior to construction of the proposed development.

70. The applicant shall replace all damaged, destroyed, or modified pavement legends, traffic control devices, signing, striping, and streetlights, associated with the proposed development as required by the City Engineer prior to issuance of a Certificate of Occupancy.

71. The applicant shall reconstruct any broken, chipped, or unsatisfactory sidewalks or curbs along the entire project frontage, in accordance with t he General Plan and the City of Rialto Standard Drawings, as required by the City Engineer, prior to the issuance of a Certificate of Occupancy.

72. All drive-thru isles adjacent to the public right -of-way or ingress and egress points of vehicular access must include Planning Division approved screening along the perimeter to prevent blinding oncoming traffic with high beam headlights during nighttime hours of operation.

73. CASMALIA STREET: Construct a raised and landscaped median island along the frontage of th e property in accordance with the City Standards and any applicable Specific Plan. Refer to the City Standards and Renaissance Specific Plan for specific dimensions. The median nose width shall have stamped concrete. The left turn pockets shall be City Eng ineer approved and designed in accordance with Section 405 of the current edition of the Caltrans Highway Design Manual and/or as approved by the City Engineer. In lieu of constructing the raised median, the developer shall pay its fair share of the cost to construct the median and install landscaping and irrigation systems.

74. CASMALIA STREET: Dedicate additional right -of-way along the entire frontage as may be required to provide a property line – corner cutback at the corner of the Casmalia Street and Ayala Ave. Nothing shall be constructed or planted in the corner cut-off area which does or will exceed 30 inches in height required to maintain an appropriate corner sight distance, as required by the City Engineer.

75. CASMALIA STREET: Dedicate additional r ight-of-way along the entire frontage as may be required to provide a property line at fifty (50) feet south of centerline in accordance with the City General Plan and/or any applicable Specific Plan. Submit legal description and plat for city review with the street improvement plans.

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76. CASMALIA STREET AND AYALA AVE: Dedicate a ten (10) feet wide easement for landscape purposes along the entire frontage as required by the applicable Specific Plan and in accordance with the City of Rialto Standard Drawings. S ubmit legal description and plat for city review with the street improvement plans.

77. CASMALIA STREET: Remove existing and construct new pavement with a minimum pavement section of 5 inches asphalt concrete pavement over 6 inches crushed aggregate base with a minimum subgrade of 24 inches at 95% relative compaction, or equal, along the entire half -width street frontage in accordance with City of Rialto Standard Drawings. The pavement section shall be determined using a Traffic Index (“TI”) of 10. The pavem ent section shall be designed by a California registered Geotechnical Engineer using "R" values from the project site and submitted to the City Engineer for approval. Alternatively, depending on the existing street condition and as approved by the City Eng ineer, a street overlay, slurry seal, or other repair can be performed to preserve existing pavement improvements.

78. CASMALIA STREET: Construct an 8 -inch curb and gutter along the entire frontage in accordance with City of Rialto Standard Drawings and the applicable Specific Plan.

79. CASMALIA STREET AND AYALA AVE: Construct a new underground electrical system for public street lighting improvements. New marbelite street light poles with LED light fixtures shall be installed in accordance with City of Rialto S tandard Drawings and as approved by the City Engineer. Provide 2” conduit and pull boxes along the opposite side of the street for continuation of the street light system for future build out.

80. CASMALIA STREET: Construct a six feet wide Americans with Disabilities Act (ADA) compliant sidewalk improvements adjacent to the right of way along the entire frontage in accordance with the Renaissance Specific Plan and the City of Rialto Standard Drawings.

81. CASMALIA STREET: Construct a commercial driveway approach in accordance with City of Rialto Standard Drawing No. CS -214 with a six feet wide sidewalk. The driveway approach shall be constructed so the top of “X” is 5 feet from the property line, or as otherwise approved by the City Engineer. Nothing shall be constructed or planted in the corner cut-off area which does or will exceed 30 inches in height required to maintain an appropriate corner sight distance. The width of the driveway and radii of the returns shall be approved by the City Engineer.

82. Construct a curb return and curb ramp meeting current California State Accessibility standards at the corner of Casmalia Street and Ayala Ave in accordance with City of Rialto Standard Drawings.

83. AYALA AVE: Replace existing sidewalk as needed to create Americans wi th Disabilities Act (ADA) compliant sidewalk improvements behind curb along the entire frontage in accordance the City of Rialto Standard Drawings. 52 -17-
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84. The applicant shall provide construction signage, lighting and barricading shall be provided during all phases of construction as required by City Standards or as directed by the City Engineer. As a minimum, all construction signing, lighting and barricading shall be in accordance with Part 6 “Temporary Traffic Control” of the 2014 California Manual on Uniform Traffic Control Devices, or subsequent editions in force at the time of construction.

85. Upon approval of any public improvement plan by the City Engineer, the improvement plan shall be provided to the City in digital format, consisting of a DWG (AutoCAD drawing file), DXF (AutoCAD ASCII drawing exchange file), and PDF (Adobe Acrobat) formats. Variation of the type and format of the digital data to be submitted to the City may be authorized, upon prior approval by the City Engineer.

86. The applicant shall construct 4-inch conduit within the parkway area along the entire project frontages of Ayala Drive and Casmalia Street for future use (i.e., fiber-optics, etc.), prior to the issuance of a Certificate of Occupancy.

87. The applicant shall install “No Stopping Any Time” R26A(S) (CA) signage along the entire frontage s of Ayala Drive and Casmalia Street , prior to the issuance of a Certificate of Occupancy.

88. The applicant shall dedicate a 10-foot-wide landscape easement along the entire project frontage of Casmalia Street, as required by the City Engineer.

89. The applicant shall dedicate additional right-of-way along the entire frontage of Ayala Drive, as necessary, to provide the ultimate half-width of 50 feet, or greater as needed for the future SR210/ Ayala Drive interchange project as required by the City Engineer.

90. The applicant shall dedicate a 10-foot-wide landscape easement along the entire project frontage of Ayala Drive, as required by the City Engineer.

91. The applicant shall dedicate additional right -of-way as may be required to provide a property line corner cutback at the southeast corner of the intersection of Ayala Drive and Casmalia Street, in accordance with City Standard SC-235, as required by the City Engineer.

92. The applicant shall dedicate additional right -of-way as may be required to provide property line corner cutbacks at the corners of all new project driveways, in accordance with City Standard SC-235, as required by the City Engineer.

93. At the discretion of the City Engineer, the applicant shall remove existing pavement and construct new pavement with a minimum pavement section of 4 inches asphalt concrete pavement over 6 inches crushed aggregate base with a minimum subgrade of 24 inches at 95% relative compaction, or equal, along the entire frontages of Ayala Drive and Casmalia Street in accordance with City of Rialto Standard Drawings. The pavement section shall 53 -18-
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be determined using a Traffic Index (“TI”) of 10. The pavement section shall be designed by a California registered Geotechnical Engineer using "R" values from the project site and submitted to the City Engineer for approval. Pavement shall extend from clean sawcut edge of pavement at centerline of each street

94. At the discretion of the City Engineer, the applicant shall p rovide a cost estimate for review and approval by the City Engineer and pay an in-lieu fee equal to the estimate for the r emoval of existing and the construction of any new street pavement with a minimum pavement section of 5 inches asphalt concrete pavement over 6 inches crushed aggregate base with a minimum subgrade of 24 inches at 95% relative compaction, or equal, along the entire half -width street frontage in accordance with City of Rialto Standard Drawings. The estimate shall assume a pavement section using a Traffic Index (“TI”) of 10 and using "R" values from the project site.

95. Prior to the issuance of any building permit, t he applicant shall provide a fair -share contribution towards roadway improvements at the in tersections of Ayala Drive and Casmalia Street and Ayala Drive and SR -210 Freeway Westbound Ramps , as calculated using trip generation in the Traffic Impact Analysis Scoping Agreement prepared for the project.

96. At the discretion of the City Engineer, the applicant shall construct an 8-inch curb and gutter, located 36 feet south of the centerline along the entire frontage of Casmalia Street, in accordance with City of Rialto Standard Drawings, as required by the City Engineer.

97. At the discretion of the City Engineer, t he applicant shall construct a 6-foot-wide sidewalk located 8 feet behind the edge of curb along the entire project frontage of Casmalia Street, in accordance with City of Rialto Standard Drawing , as required by the City Engineer.

98. At the discr etion of the City Engineer, t he applicant shall construct a 5-foot-wide sidewalk located 7 feet behind the edge of curb along the entire project frontage of Ayala Drive, in accordance with City of Rialto Standard Drawings.

99. The applicant shall construct the five (5) proposed commercial driveway approaches in accordance with City of Rialto Standard Drawing SC-214. The driveway approach es shall be constructed so the top of “X” is 5 feet from the property line, or as otherwise approved by the City Engineer. Nothing shall be constructed or planted in the corner cut-off area which does or will exceed 30 inches in height required to maintain a n appropriate corner sight distance.

100. The applicant shall c onstruct curb ramp s meeting current California State Accessibility standards along both sides of each commercial driveway approach. The applicant shall ensure that an appropriate path of travel, m eeting ADA guidelines, is provided across the driveway, and shall adjust the location of the access ramps, if necessary, to meet ADA guidelines, subject to the approval of the City Engineer. If 54 -19-
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necessary, additional pedestrian and sidewalk easements shall be provided on-site to construct a path of travel meeting ADA guidelines.

101. The applicant shall construct a curb ramp meeting current California State Accessibility standards at the southeast corner of the intersection of Ayala Drive and Casmalia Street , i n accordance with the City of Rialto Standard Drawings. The applicant shall ensure that an appropriate path of travel, meeting ADA guidelines, is provided across the westerly driveway, and shall adjust the location of the access ramps, if necessary, to me et ADA guidelines, subject to the approval of the City Engineer. If necessary, additional pedestrian and sidewalk easements shall be provided on-site to construct a path of travel meeting ADA guidelines.

102. The minimum pavement section for all on -site pavements shall be 2½ inches asphalt concrete pavement over 4 inches crushed aggregate base with a minimum subgrade of 24 inches at 95% relative compaction, or equal. If an alternative pavement section is proposed, the proposed pavement section shall be designed by a California registered Geotechnical Engineer using "R" values from the project site and submitted to the City Engineer for approval.

103. The developer shall connect to the City of Rialto sewer system and apply for a sewer connection account with Rialto Water services.

104. Prior to issuance of a certificate of occupancy or final City approvals, provide certification from Rialto Water Services to demonstrate that all water and/or wastewater service accounts have been documented.

105. The developer is advised that domestic water service is provided by West Valley Water District. The developer shall be responsible for coordinating with West Valley Water District and complying with all requirements for establishing domestic water service to the property.

106. Prior to performing work in the public right of way, developer shall bond for the public improvements in accordance with Municipal Code requirements.

107. Prior to the issuance of a Certificate of Occupancy, the Project Applicant shall construct all public improvements to the satisfaction of the City Engineer including improvements at the intersection of Ayala Drive and Casmalia Street.

108. The applicant shall adhere to the City Council approved franchise agreements and disposal requirements during all construction activities, in accordance with Section 8.08 (Refuse Collection of the City of Rialto Municipal Code) , any and all construction refuse/debris and recycling materials generated and disposed due to construction activities must adhere to City Council approved franchise agreements. Only City Council approved waste and refuse franchisee vendors can be used to dispose of generated construction waste. Currently, only Burrtec Waste Management is authorized to deal with construction refuse and recycle materials in the City of Rialto. 55 -20-
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109. The applicant’s c ontractors shall submit copies of recycling tickets demonstrating minimum compliance with construction waste management recycling requirements as well as chain of custody for all construction debris.

110. Prior to commencing with any grading, the applicant shall implement the required erosion and dust control measures shall be in place. In addition, the following shall be included if not already identified:

a. 6 foot high tan colored perimeter screened fencing;
b. Contractor information signage including contact information along the street frontage of Ayala Drive and Casmalia Street; and,
c. Post dust control signage with the following verbiage: “Project Name, WDID No., IF YOU SEE DUST COMING FROM THIS PROJECT CALL: NAME (XXX) XXX-XXX, If you do not receive a response, please call the AQMD at 1-800- CUT-SMOG/1-800-228-7664.”

111. The applicant shall submit a Water Quality Management Plan identifying site specific Best Management Practices (“BMPs”) in accordance with the Model Water Quality Management Plan (“WQMP”) approved for use for the Santa Ana River Watershed.

The site specific WQMP shall be submitted to the City Engineer for review and approval with the Precise Grading Plan. A WQMP Maintenance Agreement shall be required, obligating the property owner(s) to appropriate operation and maintenance obligations of on -site BMPs constructed pursuant to the approved WQMP. The WQMP and Maintenance Agreement shall be approved prior to issuance of a building permit, unless otherwise allowed by the City Engineer. The development of the Site is subject to the requirements of the National Pollution Discharge Elimination System (NPDES) Permit for the City of Rialto, issued by the Santa Ana Regional Water Quality Control Board, Board Order No. R8-2010-0036. Pursuant to the NPDES Permit, the Applicant shall ensure development of the site incorporates post -construction Best Management Practices (“BMPs”) in accordance with the Model Water Quality Management Plan (“WQMP”) approved for use for the Santa Ana River Watershed. The Applicant is advised that applicable Site Design BMPs will be required to be incorporated into the final site design, pursuant to a site specific WQMP submitted to the City Engineer for review and approval.

112. The applicant shall prepare a Notice of Intent (NOI) to comply with the California General Construction Stormwater Permit (Water Quality Order 2009-0009-DWQ as modified September 2, 2009) is required via the California Regional Water Quality Control Board online SMARTS system. A copy of the executed letter issuing a Waste Discharge Identification (WDID) number shall be provided to the City Engineer prior to issuance of a grading or building permit. The applicant’s contractor shall prepare and maintain a Storm Water Po llution Prevention Plan (“SWPPP”) as required by the General Construction Permit. All appropriate measures to prevent erosion and water pollution during construction shall be implemented as required by the SWPPP.

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113. Development of the site is subject to the requirements of the National Pollution Discharge Elimination System (NPDES) Permit for the City of Rialto, under the Santa Ana Regional Water Quality Control Board, Board Order No. R8-2010-0036. Pursuant to the NPDES Permit, the developer shall ensure development of the site incorporates post-construction Best Management Practices (“BMPs”) in accordance with the Model Water Quality Management Plan (“WQMP”) approved for use for the Santa Ana River Watershed. The developer is advised that applicable Site Design BMPs will be required to be incorporated into the final site design, pursuant to a site specific WQMP submitted to the City Engineer for review and approval.

114. Prior to issuance of a certificate of occupancy or final City approvals, the applicant shall demonstrate that all structural BMP’s have been constructed and installed in conformance with approved plans and specifications, and as identified in the approved WQMP.

115. All stormwater runoff passing through the site shall be accepted and conveyed across the property in a manner acceptable to the City Engineer. For all stormwater runoff falling on the site, on-site retention or other facilities approved by the City Engineer shall be required to contain the increased stormwater runoff generated by the development of the property. Provide a hydrology study to determine the volume of increased stormwater runoff due to development of the site, and to determine required stormwater runoff mitigation measures for the proposed development. Final retention basin sizing and other stormwater runoff mitigation measures shall be determined upon review and approval of the hydrology study by the City Engineer and may require redesign or changes to site configuration or layout consistent with the findings of the final hydrology study. The volume of increased stormwater runoff to retain on-site shall be determined by comparing the existing “pre -developed” condition and proposed “developed” condition, using the 100-year frequency storm.

116. Direct release of on-site nuisance water or stormwater runoff shall not be permitted to the adjacent public streets. Provisions for the interception of nuisance water from entering adjacent public streets from the project site shall be provided through the use of a minor storm drain system that collects and conveys nuisance water to landscape or parkway areas, and in only a stormwater runoff condition, pass runoff directly to the streets through parkway or under sidewalk drains. All on-site and off-site designs must comply with NPDES stormwater regulations.

117. The applicant shall remove any graffiti within 24 hours, before, during, and post construction.

118. In accordance with the City of Rialto Municipal Code Section 18.72.010, Provision D, inadequately maintained landscaping which is visible from the public street, or right-of- way and which, either alone or in combination with other conditions on the subject property tends to degrade the aesthetic quality of the immediate neighborhood is prohibited.

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119. The applicant shall submit full architectural and structural plans with all mechanical, electrical, and plumbing plans, structural calculations, truss calculations and layout, rough grading plans approved by Public Works Engineering, Water Quality Management Plan, Erosion Control Plan, Stormwater Pollution Prevention Plan, and Title 24 Energy Calculations to the Building Division for plan check and review, prior to the issuance of building permits.

120. The applicant shall provide a Scope of Work on the title page of the architectural plan set. The Scope of Work shall call out all work to be permitted (ex. Main structure, perimeter walls, trash enclosure, etc.).

121. The applicant shall design all structures in accordance with the 2019 California Building Code, 2019 California Mechanical Code, 2019 California Plumbing Code, and the 2019 California Electrical Code, 2019 Residential Code and the 2019 California Green Buildings Standards adopted by the State of California.

122. The applicant shall design all structures to withstand ultimate wind speed of 130 miles per hour, exposure C and seismic zone D.

123. As applicable, the applicant shall submit f ire sprinkler, fire alarm systems , and fire hydrant plans to the Building Division for plan review concurrently with building plans and shall be approved prior to the issuance of a building permit.

124. Prior to the issuance of a building permit for the drive-through restaurant building, the applicant shall provide two (2) copies of plans approved by the San Bernardino County Department of Health for review by the Building Division.

125. The applicant shall obtain an Electrical Permit from the Building Division for any temporary electrical power required during construction. No temporary electrical power will be granted to a project unless one of the following items is in place and approved by the Building Division: (A) Installation of a construction trailer, or, (B) Security fencing around the area where the electrical power will be located.

126. The applicant shall i nstall any permitted temporary construction trailer on private property. No trailers are allowed to be located within the public right-of-way.

127. The applicant shall design and construct accessible paths of travel from all building’s accessible entrances to the public right -of-way, accessible parking, and the trash enclosure. Paths of travel shall incorporate (but not limited to) exterior stairs, landings, walks and sidewalks, pedestrian ramps, curb ramps, warning curbs, detectable warning, signage, gates, lifts and walking surface materials, as necessary. The accessible route(s) of travel shall be the most practical direct route between accessible building entrances, site facilities, accessible parking, public sidewalks, and the accessible entrance(s) to the site, California Building Code, (CBC) Chapter 11, Sec, 11A and 11B.

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128. Prior to issuance of a Building Permit all of the following must be in place on the Site:
a portable toilet with hand wash station, all BMP's, fencing and signage on each adjacent street saying "If there is any dust or debris coming from this site please contact (superintendent number here) or the AQMD if the problem is not being resolved" or something similar to this.

129. The applicant shall provide temporary toilet facilities for the construction workers. The toilet facilities shall always be maintained in a sanitary condition. The construction toilet facilities of the non-sewer type shall conform to ANSI ZA.3.

130. All on site utilities shall be under ground to the new proposed structure, unless prior approval has been obtained by the utility company or the City.

131. Prior to issuance of Building Permits, site grading final and pad certifications shall be submitted to the Building Division, which include elevation, orientation, and compaction. The certifications are required to be signed by the engineer of record.

132. The applicant shall provide proof of payment to the Rialto Unified School District for all required school fees, prior to the issuance of a building permit.

133. The applicant shall obtain all necessary approvals and operating permits from all Federal, State and local agencies prior to the issuance of a Certificate of Occupancy.

SECTION 5. The Chairman of the Planning Commis sion shall sign the passage and adoption of this resolution and thereupon the same shall take effect and be in force.

PASSED, APPROVED AND ADOPTED this 8th day of December, 2021.

_________________________________

FRANK GONZALEZ, CHAIR

CITY OF RIALTO PLANNING COMMISSION

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STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss

CITY OF RIALTO )

I, Adrianna Martinez, Administrative Assistant of the City of Rialto, do hereby certify that the foregoing Resolution No. ____ was duly passed and adopted at a regular meeting of the Planning Commission of the City of Rialto held on the ___th day of ____, 2021.

Upon motion of Planning Commissioner_____., seconded by Planning Commissioner ____, 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 __th day of ___, 2021.

___________________________________________________

ADRIANNA MARTINEZ, ADMINISTRATIVE ASSISTANT

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“Exhibit A”

61