RESOLUTION NO. _____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RIALTO, CALIFORNIA DENYING APPELLANT’S APPEAL AND UPHOLDING THE PLANNING COMMISSION’S APPROVAL OF CONDITIONAL DEVELOPMENT PERMIT NO. 2021-0002 AND PRECISE PLAN OF DESIGN NO. 2021-0002.
WHEREAS, the applicant, CDM Inc., proposes to establish a vehicular drive-thru service in conjunction with the development of a 2,400 square foot fast-food restaurant and associated paving, landscaping, lighting, and drainage improvements (“Project”) on 0.64 acre of land (APN: 1133-591-07) located on the southeast corner of Casmalia Street and Ayala Drive within the Freeway Incubator (FI) 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 did apply for Conditional Development Permit No. 2021-0002 (“CDP No. 2021-0002”); 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, on December 8, 2021, 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 continued the public hearing to January 12, 2022; and WHEREAS, on January 12, 2022, the Planning Commission voted 4-0 (2 absence, 1-vacancy) to deny CDP No. 2021-0002 and PPD No. 2021-0002 and to directed staff to prepare a formal Resolution of Denial for the January 26, 2022, Planning Commission meeting; and WHEREAS, on January 26, 2022, the Planning Commission voted 6-0 with one (1) vacancy) to approve CDP No. 2021-0002 and PPD No. 2021-0002; and WHEREAS, on February 4, 2022, pursuant to Chapter 18.68 (Appeals) of the Rialto Municipal Code, Mr. Shareef Awad, the appellant filed with the office of the City Clerk an appeal to the City Council requesting a review and reversal of the decision previously made by the Planning Commission approving CDP No. 2021-0002 and PPD No. 2022-0002 (“Appeal”); and WHEREAS, on February 22, 2022, the City Council Scheduled a public hearing for the Appeal for March 8, 2022, however, the appellant requested that the Appeal be re-noticed with in-person meeting participation information; and WHEREAS, on March 8, 2022, the City Council directed staff to re-notice the Appeal and scheduled a public hearing for April 12, 2022; and WHEREAS, on April 12, 2022, in accordance with Chapter 18.68 (Appeals) of the Rialto Municipal Code, the City Council conducted a public hearing of the Appeal, took testimony, discussed the Appeal; and closed the public hearing; and WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred.
NOW, THEREFORE, the City Council hereby finds, determines, and resolves as follows:
SECTION 1. The City Council 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 City Council during the public hearing conducted for the Appeal, including written staff reports, verbal testimony, project plans, other documents, SECTION 3. The City Council hereby denies the Appeal and upholds the previous decision of the Planning Commission approving CDP No. 2021-0002 and PPD No. 2021-0002 on the grounds that the Project complies with the required findings necessary for approval contained in Sections 18.66.020 and 18.65.020E of the RMC.
SECTION 4. The Mayor 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 12th day of April, 2022. _________________________________
DEBORAH ROBERTSON, MAYOR
ATTEST:
__________________________________
BARBARA MCGEE, CITY CLERK
APPROVED AS TO FORM:
__________________________________
ERIC S. VAIL, CITY ATTORNEY
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss
CITY OF RIALTO )
I, BARBARA MCGEE, City Clerk of the City of Rialto, do hereby certify that the foregoing Resolution No. _________ was duly passed and adopted at a regular meeting of the City Council of the City of Rialto held on the ______ day of ___________________, 2022.
Upon motion of Councilmember _______________, seconded by Councilmember ___________________, the foregoing Resolution No. _________ was duly passed and adopted.
Vote on the motion:
AYES:
NOES:
ABSENT:
IN WITNESS WHEREOF, I have hereunto set my hand and the Official Seal of the City of Rialto this ______ day of __________________, 2022. ________________________________
BARBARA MCGEE, CITY CLERK
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