1 RESOLUTION NO. 2022-07
2 A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF RIALTO, CALIFORNIA APPROVING CONDITIONAL
3 DEVELOPMENT PERMIT NO. 2021-0002 ALLOWING THE
4 OPERATION OF DRIVE-THRU SERVICE IN CONJUNCTION
WITH A 2,400 SQUARE FOOT RESTAURANT TO BE LOCATED
5 ON THE SOUTHEAST CORNER OF AYALA DRIVE AND
CASMALIA STREET (APN: 1133-591-07) WITHIN THE
6 FREEWAY INCUBATOR (F-I) LAND USE DISTRICT OF THE
RENAISSANCE SPECIFIC PLAN.
8 WHEREAS, the developer, CDM Inc., proposes to establish and operate a vehicular drive- 10 thru service in conjunction with a proposed 2,400 square foot fast-food restaurant building ("Project") 11 located at the southeast corner of Ayala Drive and Casmalia Street (APN: 1133-591-07) within the 12 Freeway Incubator (F-I) land use district of the Renaissance Specific Plan ("Site"); and 13 WHEREAS, pursuant to Table 3-2 (General Permitted Uses) of the Renaissance Specific Plan 14 and Chapter 18.66 (Conditional Development Permits) of the Rialto Municipal Code, the Project 15 requires a Conditional Development Permit, and the applicant has agreed to apply for Conditional 16 Development Permit No. 2021-0002 ("CDP No. 2021-0002"); and 17 WHEREAS, the Project will consist of a 2,400 square foot commercial building, a drive-thru 18 lane with stacking for approximately ten (10) vehicles, twenty-three (23) parking spaces with 19 adequate lighting, an abundant amount of landscaping, and full pedestrian and vehicle access; and 20 WHEREAS, also in conjunction with the Project, the developer has applied for Precise Plan 21 of Design No. 2021-0002 to allow the development of a 2,400 square foot restaurant building with a 22 drive-thru lane on the Site ("PPD No. 2021-0002"); and 23 WHEREAS, on December 8, 2021, the Planning Commission of the City of Rialto 24 conducted a duly noticed public hearing, as required by law, on CDP No. 2021-0002 and PPD No. 25 2021-0002, took testimony, at which time it received input from staff, the city attorney, and the 26 applicant; heard public testimony; discussed the proposed CDP No. 2021-0002 and PPD No. 2021- 27 0002; and continued the public hearing to the following meeting on January 12, 2022; and 28 -1-
1 WHEREAS, on January 12, 2022, conducted a duly noticed public hearing, as required by 2 law, on CDP No. 2021-0002 and PPD No. 2021-0002, took testimony, at which time it received 3 input from staff, the city attorney, and the applicant; heard public testimony; discussed the 4 proposed CDP No. 2021-0002 and PPD No. 2021-0002; closed the public hearing; directed staff 5 to reschedule the item for the next Planning Commission meeting on January 26, 2022; and directed staff to prepare a Resolution of Denial for consideration at the Planning Commission 7 meeting on January 26, 2022; and
8 WHEREAS, on January 26, 2022, the Planning Commission reconsidered CDP No. 2021- 9 0002 and PPD No. 2021-0002, at which time it received input from staff and the city attorney; and 10 discussed the proposed CDP No. 2021-0002 and PPD No. 2021-0002; and 11 WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred. 12 NOW, THEREFORE, BEIT RESOLVED by the Planning Commission of the City of Rialto 13 as follows:
14 SECTION 1. The Planning Commission hereby specifically finds that all of the facts set forth 15 in the recitals above of this Resolution are true and correct and incorporated herein. 16 SECTION 2. Based on substantial evidence presented to the Planning Commission during 17 the public hearing conducted with regard to CDP No. 2021-0002, including written staff reports, 18 verbal testimony, site plans, other documents, and the conditions of approval stated herein, the 19 Planning Commission hereby determines that CDP No. 2021-0002 satisfies the requirements of 20 Section 18.66.020 of the Rialto Municipal Code pertaining to the findings which must be made 21 precedent to granting a conditional development permit. The findings are as follows:
22 The proposed use is deemed essential or desirable to provide a service or facility 23 which will contribute to the convenience or general well-being of the neighborhood or community; and
24 This finding is supported by the following facts:
25 26 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 27 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 28 anticipated to be a benefit to the community and an improvement to the surrounding area -2-
1 by providing an additional choice for fast-food drive-thru at a convenient location. The Project will provide a more diverse economic base for the surrounding area and will 2 provide a necessary service for residents and travelers within the City. 3 2. The proposed use will not be detrimental or injurious to health, safety, or general 4 welfare of persons residing or working in the vicinity; and 5 This finding is supported by the following facts:
6 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. 8 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 10 Renaissance Specific Plan. In addition, the Project has been reviewed by the City staff for 11 compliance with all health, safety, and design requirements to ensure the project will significantly enhance the aesthetics of the local community. 12 3. The site for the proposed use is adequate in size, shape, topography, accessibility and 13 other physical characteristics to accommodate the proposed use in a manner 14 compatible with existing land uses; and
15 This finding is supported by the following facts:
16 The Site is a relatively flat, rectangular-shaped piece of land currently comprised of one (1) 17 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 18 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 19 Street so the proposed driveway will be restricted to right-in, right-out only access in the 20 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 21 development will have a trash enclosure, landscaping, lighting, and accessible pathways leading to the public right-of-way.
22 23 The site has adequate access to those utilities and other services required for the proposed use; and
24 25 This finding is supported by the following facts:
26 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 27 residential capacity to retail commercial capacity as needed as part of the proposed Project. 28 -3-
1 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 2 inharmonious with the General Plan and its objectives, or any zoning ordinances; and 3 This finding is supported by the following facts:
4 The use is consistent with the underlying Freeway Incubator (F-I) land use district of the 5 Renaissance Specific Plan. The Project will feature high-quality building exteriors 6 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, 7 which exceeds the minimum requirement of the Renaissance Specific Plan. Landscape 8 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 9 spaces upon completion of the Project which also meets the minimum requirement of the Renaissance Specific Plan.
10 11 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 12 benefits conferred upon the community or neighborhood as a whole. 13 This finding is supported by the following facts:
14 The Project's effects will be minimized through the implementation of the Conditions of 15 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 16 landscaping, decorative paving, and enhanced architectural features. The Project will meet 17 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 18 benefit the community as a whole.
19 SECTION 3. The project is categorically exempt from the requirements of the California 20 Environmental Quality Act (CEQA), pursuant to Section 15303, New construction or conversion of 21 small Structures. The Planning Commission directs the Planning Division to file the necessary 22 documentation with the Clerk of the Board of Supervisors for San Bernardino County. 23 SECTION 4. CDP No. 2021-0002 is granted to CDM Inc. in accordance with the plans and 24 application on file with the Planning Division, subject to the following conditions:
25 1. The applicant is granted CDP No. 2021-0002 allowing the establishment of vehicular 26 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) withir 27 the Freeway Incubator (F-D land use district of the Renaissance Specific Plan, as showr 28 on the plans submitted to the Planning Division on August 25, 2021, and as approved by -4-
1 the Planning Commission. If the Conditions of Approval specified herein are not satisfied or otherwise completed, the project shall be subject to revocation 2 3 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. 4 3. The applicant shall indemnify, protect, defend, and hold harmless, the City of Rialto, 5 and/or any of its officials, officers, employees, agents, departments, agencies, and 6 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 8 dispute resolutions procedures (including, but not limited to arbitrations, mediations, 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, void, or 10 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 11 thereof (including actions approved by the voters of the City, for or concerning the 12 Project (collectively, the "Entitlements"), whether such Actions are brought under the California Environmental Quality Act, the Planning and Zoning Law, the Subdivision 13 Map Act, Code of Civil Procedure Chapter 1085 or 1094.5, the California Public 14 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, 15 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, 16 attorneys' fees and other costs, liabilities and expenses incurred in connection with 17 such proceeding whether incurred by applicant, Property owner, or the City and/or other parties initiating or bringing such proceeding (collectively, subparts (i) and (i) 18 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 extent the 19 Damages incurred by any of the City Parties in such Action(s) are a result of the City 20 Parties' fraud, intentional misconduct or gross negligence in connection with issuing the Entitlements. The applicant shall execute an agreement to indemnify, protect, 21 defend, and hold the City harmless as stated herein within five (5) days of approval of CDP No. 2021-0002.
22 23 4. In accordance with the provisions of Government Code Section 66020(d)(1), the imposition of tees, dedications, reservations, or exactions tor this project, it any, are 24 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 25 reservations, or exactions imposed on the Project.
26 5. The applicant shall install a "DO NOT ENTER" street sign and an illuminated "DO NOT 27 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 28 the building plan check submittal set, prior to the issuance of a building permit. -5-
1 Furthermore, the street sign and the directional sign shall be installed prior to the issuance of the Certificate of Occupancy.
2 3 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 4 Occupancy.
5 7. The property owner, and the tenant utilizing the drive-thru use, shall ensure that the 6 operation does not exceed the drive-thru vehicle stacking/queuing, as shown on the approved site plan, at all times. If the drive-thru use lane exceeds the approved 7 stacking/queuing, then the property owner and the tenant shall implement measures to address and eliminate any impacts immediately or the Community Development Director 8 may schedule the Conditional Development Permit for Planning Commission review. 9 8. The drive-thru use shall operate in accordance with the Chapter 9.50 (Noise Control) of 10 the Rialto Municipal Code and the requirement of the Noise Chapter of the Rialto General 11 Plan. If the operation exceeds the allowable noise levels as described herein, then the property owner and the tenant shall implement measures to address and eliminate any 12 impacts immediately or the Community Development Director may schedule the Conditional Development Permit for Planning Commission review. 13 14 9. 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 15 Certificate of Occupancy.
16 10. The applicant shall plant shrubs around the entire outer perimeter of the drive-thru lane 17 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 18 initial planting, and the shrubs shall be spaced no more than three (3) feet on-center. 19 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 20 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 21 permit.
22 11. The applicant shall obtain all necessary approvals and operating permits from all Federal, 23 State, and local agencies and provide proof thereof to the City prior to the issuance of a Certificate of Occupancy.
24 25 12. The privileges granted by the Planning Commission pursuant to approval of this Conditional Development Permit are valid for two (2) years from the effective date of 26 approval. If the applicant fails to commence the project within two years of said effective date, this conditional development permit shall be null and void and any 27 privileges granted hereunder shall terminate automatically. If the applicant or his or 28 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 -6-
1 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. 2 3 13. 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 4 approval contained herein
5 14. In the event, that any operation on the Site is found to be objectionable or incompatible 6 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 7 limited to, uses which are or have become offensive to neighboring property or the goals 8 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
10 15. If the applicant fails to comply with any of the conditions of approval placed upon CDP 11 No. 2021-0002 or PPD No. 2021-0002 the Planning Commission may initiate proceedings to revoke the conditional development permit in accordance with the 12 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 13 Section 18.66.070 of the Zoning Ordinance at the discretion of the Planning 14 Commission if:
15 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; 16 17 b) Any of the express conditions or terms of such permit are violated; 18 c) The use for which such approval was granted becomes or is found to be 19 objectionable or incompatible with the character of the City and its environs due to noise, loitering, criminal activity or other undesirable characteristics 20 including, but not strictly limited to uses which are or have become offensive to neighboring property or the goals and objectives of the freeway 21 Incubator (F-I) land use district, the Renaissance Specific Plan, and the 22 City's General Plan.
23 16. Approval of CP No. 2021-0002 will not become effective until the applicant has signed a statement acknowledging awareness and acceptance of the required conditions of 24 approval contained herein.
25 SECTION 5. The Chairman of the Planning Commission shall sign the passage and 26 adoption of this resolution and thereupon the same shall take effect and be in force. 27 PASSED, APPROVED AND ADOPTED this 26th day of January, 2022. 28 -7-
1 2
FRANK GONZALEZ, CHAIR
3 CITY OF RIALTO PLANNING COMMISSION
4 5
STATE OF CALIFORNIA )
6 COUNTY OF SAN BERNARDINO ) ss
7 CITY OF RIALTO )
8 I, Adrianna Martinez, Administrative Assistant of the City of Rialto, do hereby certify that 10 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 _ _ 2022. 12 Upon motion of Planning Commissioner seconded by Planning Commissioner 13 _ the foregoing Resolution No.. _was duly passed and adopted. 14 Vote on the motion:
15 AYES:
16 NOES:
17 ABSENT:
18 IN WITNESS WHEREOF, I have hereunto set my hand and the Official Seal of the City of 19 Rialto this th day of _ 2022.
20 21
22 23
24 ADRIANNA MARTINEZ, ADMINISTRATIVE ASSISTANT
25 26
27 28
-8-
1 STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) SS
3 CITY OF RIALTO )
4 5 I, Adrianna Martinez, Administrative Assistant of the City of Rialto, do hereby certify that 6 the foregoing Resolution No. 2022-07 was duly passed and adopted at a regular meeting of the 7 Planning Commission of the City of Rialto held on the 26 day of January 2022. 8 Upon motion of Vice Chair Jerry Gutierrez, second by Commissioner Artist Gilbert the 9 foregoing Resolution No. 2022-07 was duly passed and adopted. 10 11 Vote on the motion:
AYES: 6
13 NOES: 0
14 ABSENT: 0
15 IN WITNESS WHEREOF, I have hereunto set my hand and the Official Seal of the City of 16 Rialto this 26" day of January 2022.
17 18
19 Adrianna Martinez, Administrative Assistant
-9.
RESOLUTION NO. 2022-08
2 A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF RIALTO, CALIFORNIA APPROVING PRECISE PLAN
OF DESIGN NO. 2021-0002 ALLOWING THE DEVELOPMENT
4 OF A 2,400 SQUARE FOOT FASTFOOD RESTAURANT
BUILDING WITH DRIVE-THROUGH SERVICE AND
5 ASSOCIATED PAVING, FENCING, LIGHTING,
6 LANDSCAPING, AND DRAINAGE IMPROVEMENTS ON 1.2
ACRES OF LAND (APN: 1133-591-07) LOCATED AT THE
7 SOUTHEAST CORNER OF AYALA DRIVE AND CASMALIA
STREET WITHIN THE FREEWAY INCUBATOR (FI) LAND USE
8 DISTRICT OF THE RENAISSANCE SPECIFIC PLAN.
9 WHEREAS, the applicant, CDM Inc., proposes to develop a 2,400 square foot fast-food 10 drive-through restaurant building with and associated paving, fencing, lighting, landscaping, and 11 drainage improvements ("Project") on 1.2 acres of land (APN: 1133-591-07) located at the southeast 12 corner of Ayala Drive and Casmalia Street within the Freeway Incubator (FI) land use district of the 13 Renaissance Specific Plan ("Site"); and
14 WHEREAS, Pursuant to Section 18.65.010 of the Rialto Municipal Code, the Project requires 15 a Precise Plan of Design, and the applicant has agreed to apply for Precise Plan of Design No: 2021- 16 0002 ("PPD No. 2021-0002"); and
17 WHEREAS, in conjunction with the Project, the applicant has submitted Conditional 18 Development Permit No. 2021-0002 to allow the operation of a drive-through service in 19 conjunction with a 2,400 square foot restaurant on the Site ("CDP No. 2021-0002"); and 20 WHEREAS, in conjunction with the Project, the applicant has submitted Conditional 21 Development Permit No. 2021-0002 to facilitate the establishment of a drive-through service for the 22 2,400 square foot fast-food restaurant building on the Site ("CDP No. 2021-0002"); and 23 WHEREAS, on December 8, 2021, the Planning Commission of the City of Rialto 24 conducted a duly noticed public hearing, as required by law, on PPD No. 2021-0002 and CDP No. 25 2021-0002, took testimony, at which time it received input from staff, the city attorney, and the 26 applicant; heard public testimony; discussed the proposed PPD No. 2021-0002 and CDP No. 2021- 27 0002; and continued the public hearing; and
28 -1-
1 area would include an in-ground pool and Jacuzzi, firepits and barbeque grill areas, shaded 2 cabanas, and pool-side lounge areas; and
3 WHEREAS, pursuant to Table 3.1 (Permitted Uses) of the Foothill Specific Plan, the 4 operation of a 204-unit Apartment Complex is a use permitted by right; and 5 WHEREAS, the Project within the R-MU district requires the approval of a Precise Plan 6 of Design, and the applicant has agreed to apply for Precise Plan of Design No. 2021-0043 ("PPD 7 No. 2021-0043"'), in accordance with Chapter 18.65 (Precise Plan of Design) of the Rialto 8 Municipal Code; and
9 WHEREAS, pursuant to the provisions of the California Environmental Quality Act, 10 Public Resources Code Sections 21000 et. seq. (" CEQA"), the State's CEQA Guidelines, 11 California Code of Regulations, Title 14, Section 15000 et. seq., and Government Code Section 12 65962.5(f) (Hazardous Waste and Substances Statement), the City reviewed an Initial Study 13 (Environmental Assessment Review No. 2021-0045) prepared by Rincon Consultants, Inc. and 14 determined that there is no substantial evidence that the approval of the Project would result in a 15 significant adverse effect on the environment, provided appropriate mitigation measures are 16 imposed on the Project; thus, a Mitigated Negative Declaration was prepared and notice thereof 17 was given in the manner required by law; and
18 WHEREAS, a Notice of Intent to adopt the Mitigated Negative Declaration for the Project 19 was published in the San Bernardino Sun newspaper, and mailed to all property owners within 660 20 feet of the Project Site, and a twenty (20) day public comment period was held from November 21 10, 2021 to November 29, 2021; and
22 WHEREAS, The Planning Division did not receive any public comment letters during the 23 twenty (20) day public comment period; and
24 WHEREAS, the City mailed public hearing notices for the proposed Project to all property 25 owners within 300 feet of the project site, and published the public hearing notice in the San 26 Bernardino Sun newspaper as required by State law; and 27 WHEREAS, on November 10, 2021, the Planning Commission of the City of Rialto 28 conducted a duly noticed public hearing, as required by law, on the Mitigated Negative Declaration -2-
1 and PPD No. 2021-0043, took testimony, at which time it received input from staff, the city 2 attorney, and the Applicant; heard public testimony; discussed the proposed Mitigated Negative 3 Declaration and PPD No. 2021-0043; and closed the public hearing; and 4 WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred. 5 NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Rialto 6 as follows:
7 SECTION 1: The Planning Commission hereby finds all of the above recitals to be true 8 and correct.
9 SECTION 2: The Planning Commission has independently reviewed and considered the 10 proposed Mitigated Negative Declaration, the public comments upon it, and other evidence and 11 finds that the Mitigated Negative Declaration was prepared in the manner required by law, and 12 there is no substantial evidence, provided appropriate mitigation measures are imposed, that the 13 Project would result in a significant adverse effect upon the environment. 14 SECTION 3: The Initial Study (Environmental Assessment Review No. 2021-0045) 15 prepared for the project identified the soils have been completely disturbed and vegetation mowed. 16 The site was previously prepared for development evidenced by excavated soils including slopes 17 for construction equipment to enter the site. The topsoil has been removed and soils currently on 18 site are representative of much lower soil layers. Land cover within the site consists of disturbed 19 habitat. Disturbed habitats have been physically altered and are no longer recognizable as a native 20 or naturalized vegetation community but continue to retain a soil substrate. Typically, vegetation 21 of disturbed/agricultural areas is almost exclusively composed of non-native ruderal plant species 22 that take advantage of disturbance and which removes the capability of providing viable natural 23 habitat, and therefore the proposed Project will have no individual or cumulative adverse impacts 24 upon resources, as detined in Section 711. 2 of the State Fish and Game Code. 25 SECTION 4: The attached proposed Initial Study and Mitigated Negative Declaration, 26 Exhibit "A" hereto, finds that there are no impacts or less than significant impacts to aesthetics, 27 agriculture and forestry resources, air quality, energy, geology and soils, greenhouse gas 28 emissions, hazards and hazardous materials, hydrology/water quality, land use/planning, mineral -3-
1 resources, noise, population/housing, public services, recreation, tribal cultural resources, utilities 2 and service systems, and wildfire.
3 SECTION 5: With the imposition of mitigation measures that address potential impacts 4 upon biological resources, cultural resources, traffic and transportation, and mandatory findings of 5 significance in the community, and as set forth in the Mitigation Monitoring & Reporting Program, Exhibit "B" hereto, which is attached hereto and incorporated herein by this reference, the 7 proposed Project's potential significant impacts will be reduced below a level of significance. 8 SECTION 6: For the foregoing reasons and based on the information and findings included 9 | in the Initial Study and Mitigated Negative Declaration, technical reports, Mitigation Monitoring 10 and Reporting Program, Staff Report, public testimony, and all other documents and evidence in 11 the administrative record of proceedings, the Planning Commission has determined that the 12 Project, as conditioned and mitigated, will not have a significant adverse impact on the 13 environment and also finds that the preparation of the Initial Study and Mitigated Negative 14 Declaration attached hereto complies with CEQA. Therefore, the Planning Commission hereby 15 certifies the Initial Study, Mitigated Negative Declaration, and Mitigation Monitoring and 16 Reporting Program, making certain environmental findings to allow the Project. 17 SECTION 7: The Chairman of the Planning Commission shall sign the passage and 18 adoption of this resolution and thereupon the same shall take effect and be in force. 19 PASSED, APPROVED AND ADOPTED this 12th _day of January, 2022. 20 21
22 FRANK GONZALEZ, CHAIR
23 CITY OF RIALTO PLANNING COMMISSION
24 25
26 27
28 -4-
1 STATE OF CALIFORNIA )
2 COUNTY OF SAN BERNARDINO ) sS
3 CITY OF RIALTO )
4 5 I, Adrianna Martinez, Administrative Assistant of the City of Rialto, do hereby certify that 6 the foregoing Resolution No. 2022-08 was duly passed and adopted at a regular meeting of the 7 Planning Commission of the City of Rialto held on the 26h day of January 2022. 8 Upon motion of Vice Chair Jerry Gutierrez, second by Commissioner Artist Gilbert the 9 foregoing Resolution No. 2022-08 was duly passed and adopted. 10 11 Vote on the motion:
12 AYES: 6
13 NOES: 0
14 ABSENT: 0
15 IN WITNESS WHEREOF, I have hereunto set my hand and the Official Seal of the City of 16 Rialto this 26" day of January 2022.
18 19
Adrianna Martinez, Administrative Assistant
20 21
22 23
24 25
26 27
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Exhibit "A"
10 11
12 13
14 15
16 17
18 19
20 21
22 23
24 25
26 27
28 -6-
Exhibit "B"
10 11
12 13
14 15
16 17
18 19
20 21
22 23
24 25
26 27
28 -7-