1 RESOLUTION NO. 2020-16
2 A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF RIALTO, CALIFORNIA APPROVING TENTATIVE
3 PARCEL MAP NO. 2019-0004 (TPM NO. 20107) TO ALLOW THE CONSOLIDATION OF SIX (6) PARCELS OF LAND (APNS:
4 0240-181-13, -14, -16, -17, -28, & - 29) INTO ONE (1) 4.17 NET
ACRE PARCEL LAND TO FACILITATE THE
5 DEVELOPMENT OF A 90,726 SQUARE FOOT INDUSTRIAL
WAREHOUSE BUILDING AT THE NORTHEAST CORNER OF
6 BASE LINE ROAD AND PALMETTO AVENUE WITHIN THE
EMPLOYMENT (EMP) ZONE OF THE RENAISSANCE
7 SPECIFIC PLAN.
8 WHEREAS, the applicant, Patriot Development Partners, LLC, proposes to consolidate six 9 (6) parcels of land (APNs: 0240-181-13, -14, -16, -17, -28, & -29) located at the northeast corner 10 of Base Line Road and Palmetto Avenue within the Employment (EMP) zone of the Renaissance 11 Specific Plan (collectively "Site") into one (1) 4.17 net-acre parcel of land ("Project"); and 12 WHEREAS, the Project will result in the creation of one (1) 4.17 net-acre parcel to 13 facilitate the development of a 90,726 square foot industrial warehouse building; and WHEREAS, the Project within the Employment (EMP) zone requires the approval of a 14 tentative parcel map, and the Applicant has agreed to apply for a TPM No. 2019-0004, also referred 15 to as Tentative Parcel Map No. 20107, ("TPM No. 20107"), in accordance with Government Code 16 Sections 66473.5 and 66474; and
17 WHEREAS, on July 8, 2020, the Planning Commission of the City of Rialto conducted a 18 duly noticed public hearing, as required by law, on TPM No. 20107, took testimony, at which time 19 it received input from staff, the city attorney, and the applicant; heard public testimony; discussed 20 the proposed TPM No. 20107; and closed the public hearing; and 21 WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred. 22 NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Rialto 23 as follows:
24 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. -1-
1 development feature listed in the Renaissance Specific Plan provides a certain percentage bonus 2 in the allowable FAR; and
3 WHEREAS, although the Renaissance Specific Plan limits the number of development 4 incentives allowed to be used to two (2) per project, the Community Development Director has 5 determined that an applicant may incorporate additional development incentives beyond two (2) 6 through the conditional development permit; and
7 WHEREAS, the applicant has agreed to incorporate five (5) development incentive 8 features into the Project, including (i) pedestrian building orientation, (ii) public art, (iii) landmark 9 intersection features, (iv) employee plaza, and (v) sustainable features, which will provide an 10 additional 10.0% in the maximum FAR, in order to reach the desired FAR of 50.0%; and 11 WHEREAS, on July 8, 2020, the Planning Commission of the City of Rialto conducted a 12 duly noticed public hearing, as required by law, on CDP No. 2019-0016, took testimony, at which 13 time it received input from staff, the city attorney, and the applicant; heard public testimony; 14 discussed the proposed CDP No. 2019-0016; and closed the public hearing; and 15 WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred. 16 NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Rialto as 17 follows:
18 SECTION 1. The Planning Commission hereby specifically finds that all of the facts set forth 19 in the recitals above of this Resolution are true and correct and incorporated herein. 20 SECTION 2. Based on substantial evidence presented to the Planning Commission during 21 the public hearing conducted with regard to CDP No. 2019-0016, including written staff reports, 22 verbal testimony, site plans, other documents, and the conditions of approval stated herein, the 23 Planning Commission hereby determines that CDP No. 2019-0016 satisfies the requirements of 24 Section 18.66.020 of the Rialto Municipal Code pertaining to the findings which must be made 25 precedent to granting a conditional development permit, which findings are as follows:
26 The proposed use is deemed essential or desirable to provide a service or facility 27 which will contribute to the convenience or general well-being of the neighborhood or community; and
28 -2-
1 This finding is supported by the following facts:
2 The Site is a rectangular-shaped piece of land, which is mostly undeveloped, except for 3 three (3) legal non-conforming single-family residences on three (3) smaller parcels of the Site. The applicant will demolish these structures and any accessory structures prior to 4 commencing construction on the project site. The Project will develop the highest and best use for the Site, in accordance with the Employment (EMP) zone of the Renaissance 5 Specific Plan. Additionally, the Project will provide employment opportunities within the 6 City and reduce blight by implementing a use on mostly vacant, unimproved land. 7 The proposed use will not be detrimental or injurious to health, safety, or general 8 welfare of persons residing or working in the vicinity; and 9 This finding is supported by the following facts:
10 The development of an industrial warehouse building on the Site is consistent with the 11 Renaissance Specific Plan, which permits light industrial, warehousing, and related storage uses within the EMP zone... To the north of the project site is a 677,225 square foot 12 industrial warehouse building occupied by Keeco, and to the east is a 99,999 square foot industrial warehouse building nearing completion of construction. To the south, across 13 Base Line Road, are several single-family residences within the City of Fontana, and to the 14 west, across Palmetto Avenue, are two (2) single-family residences within the City of Fontana. The zoning of the project site and the property to the east is Employment (EMP) 15 within the Renaissance Specific Plan, the zoning of the property to the north is Planned Industrial Development (I-PID) within the Rialto Airport Specific Plan, and the properties 16 to the west and south are within the City of Fontana. The Project is consistent with the 17 Employment (EMP) zone and the surrounding land uses. The nearest sensitive uses are the single-family residences to west and south of the Site. The project is not expected to 18 negatively impact any uses with the successful implementation of mitigations such as landscape buffering, the installation of solid screen walls, aesthetic building enhancements, 19 and other traffic relates measures. Additionally, the ten percent (10.0%) increase in the 20 allowable FAR, resulting in a larger building at the Site, has been assessed in the Initial Study prepared for the Project, in which it is determined that the increase will not result in any significant impacts to persons residing or working in the area. 22 The site for the proposed use is adequate in size, shape, topography, accessibility and 23 other physical characteristics to accommodate the proposed use in a manner compatible with existing land uses; and
24 25 This finding is supported by the following facts:
26 The Site contains 4.17 net-acres, is rectangular-shaped, fairly level, and adjacent to two (2) public streets, which will be able to accommodate the proposed use. The Project will have 27 two (2) points of access - one (1) via Base Line Road and one (1) via Palmetto Avenue. 28 The driveway on Base Line Road will provide right-in/right-out access for both trucks and passenger vehicles, and the driveway on Palmetto Avenue will provide full access for both -3-
1 trucks and passenger vehicles. In addition, the building will have 78 parking spaces, which exceeds the amount required by Table 3-6 (Parking Standards) of the Renaissance Specific 2 Plan.
3 4. The site has adequate access to those utilities and other services required for the 4 proposed use; and
5 This finding is supported by the following facts:
6 The Site will have adequate access to all utilities and services required through main water, 7 electric, sewer, and other utility lines that will be hooked up to the Site. 8 The proposed use will be arranged, designed, constructed, and maintained so as it will 9 not be injurious to property or improvements in the vicinity or otherwise be inharmonious with the General Plan and its objectives, the Renaissance Specific Plan, 10 or any zoning ordinances, and
11 This finding is supported by the following facts:
12 13 As previously stated, the use is consistent with the EMP zone of the Renaissance Specific Plan. The building will be oriented such that none of the dock doors will be visible from 14 the public right-of-way and will have 78 parking spaces. Twenty-three (23) foot wide landscaped setback and easement combinations will be provided along Base Line Road 15 and Palmetto Avenue. Landscaping will be abundantly incorporated into the Site, as the landscape coverage for the project is 14.7 percent, which exceeds the minimum required 16 amount of 10.0 percent. To achieve the desired 0.50 FAR, the applicant will place the main 17 entrance of the office near the public sidewalk along Base Line Road, will install five (5) decorative LED illuminated pillars near the public sidewalk along Base Line Road, will 18 install enhanced architectural features at the southwest corner of the building facing the 19 intersection of Base Line Road and Palmetto Avenue, will construct an outdoor employee plaza consisting of decorative overhead trellises and durable outdoor furniture to serve as 20 break/lunch/meeting area for employees, and will achieve LEED certification. 21 Any potential adverse effects upon the surrounding properties will be minimized to 22 every extent practical and any remaining adverse effects shall be outweighed by the benefits conferred upon the community or neighborhood as a whole. 23 This finding is supported by the following facts:
24 25 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 26 imposed by the Development Review Committee during the Precise Plan of Design Process. The development of a high-quality industrial development will provide additional 27 employment opportunities for residents and visitors to the City. The Project will also serve 28 to develop a piece of land, which has remained mostly undeveloped. Additionally, although an initial study indicates that Project could have a significant effect on cultural -4-
1 resources, geology/soils, transportation and traffic, and tribal cultural resources, any potential impacts will be mitigated to a level of insignificance through the conditions of 2 approval. Therefore, any potential adverse effects are outweighed by the benefits conferred 3 upon the community and neighborhood as a whole.
4 SECTION 3. Oakmont Industrial Group is hereby granted CDP No. 2019-0016 to allow the 5 development of a 90,726 square foot industrial warehouse building, including a ten percent (10.0%) 6 increase in the permitted floor area ratio through the implementation of non-residential development 7 incentives, on 4.17 net acres of land located at the northeast corner of Base Line Road and Palmetto 8 Avenue within the Employment (EMP) zone of the Renaissance Specific Plan. 9 SECTION 4. Based on the findings and recommended mitigation within the Initial Study, 10 staff determined that the project will not have an adverse impact on the environment, provided that 11 mitigation measures are implemented, and a Mitigated Negative Declaration was prepared. The local 12 13 newspaper published a copy of the Notice of Intent to adopt the Mitigated Negative Declaration for 14 the project, and the City mailed the notice to all property owners within 300 feet of the project site for 15 a public comment period held from February 14, 2020 to March 4, 2020. The Mitigated Negative 16 Declaration was prepared in accordance with the California Environmental Quality Act (CEQA). The 17 Planning Commission directs the Planning Division to file the necessary documentation with the 18 Clerk of the Board of Supervisors for San Bernardino County. 19 SECTION 5. CDP No. 2019-0016 is granted to Oakmont Industrial Group, in accordance 20 with the plans and application on file with the Planning Division, subject to the following conditions:
1. The approval is granted allowing a ten percent (10.0%) increase in the allowable floor 22 area ratio (FAR) through the implementation of the following development features:
23 a. Pedestrian Building Orientation
24 b. Public Art
c. Landmark Intersection Feature
25 d. Employee Plaza
e. Sustainable Features
26 27 2. The approval is granted allowing the development of a 90,726 square foot warehouse building on 4.17 net acres of land (APN: 0240-181-13, -14, -16, -17, -28, & -29) located 28 at the northeast corner of Base Line Road and Palmetto Avenue, as shown on the plans -5-
1 submitted to the Planning Division on October 11, 2019, and as approved by the Planning Commission. If the Conditions of Approval specified herein are not satisfied or otherwise 2 completed, the project shall be subject to revocation. 3 3. Prior to the issuance of building or grading permits for the proposed development, a 4 Precise Plan of Design shall be approved by the City's Development Review Committee (DRC).
5 6 4. 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 8 5. The applicant shall defend, indemnify and hold harmless the City of Rialto, its agents, ofticers, or employees from any claims, damages, action, or proceeding against the City 9 or its agents, officers, or employees to attack, set aside, void, or annul any approval of the City, its advisory agencies, appeal boards, or legislative body concerning CDP No. 10 2019-0016. The City will promptly notify the applicant of any such claim, action, or 11 proceeding against the parties and will cooperate fully in the defense. 12 6. 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 13 subject to protest by the applicant at the time of approval or conditional approval of the 14 Project or within 90 days after the date of the imposition of the fees, dedications, reservations, or exactions imposed on the Project.
15 7. The applicant shall complete and abide by all pre-construction mitigation measures 16 contained within the Mitigation Monitoring and Reporting Program associated with 17 Environmental Assessment Review No. 2019-0046, prior to the issuance of a grading permit.
18 8. The applicant shall complete and abide by all during-construction mitigation measures contained within the Mitigation Monitoring and Reporting Program associated with 20 Environmental Assessment Review No. 2019-0046, prior to the issuance of a Certificate of Occupancy.
21 9. The tenants) within the building shall always conduct operations consistent with the 22 environmental analysis contained within Environmental Assessment Review No. 2019- 23 0046.
24 10. The property owner and building tenants) shall always abide by all operational mitigation 25 measures contained within the Mitigation Monitoring and Reporting Program associated with Environmental Assessment Review No. 2019-0046.
26 11. The property owner and building tenants) shall not store any product, goods, materials, 27 etc. outside of the building at any time, except for trucks and vehicles associated with the 28 operation(s) conducted within the building, without prior approval of a separate -6-
1 Conditional Development Permit in accordance with Chapter 18.104 (Outdoor Storage Uses) of the Rialto Municipal Code.
2 3 12. The applicant shall secure the services of a tribal cultural monitor to be present during all ground disturbance activities associated with the construction of this project. The tribal 4 cultural monitor shall be approved by the Gabrieleño Band of Mission Indians-Kizh Nation, and documentation of coordination between the applicant and the Gabrieleño 5 Band of Mission Indians-Kizh Nation on this matter shall be provided to the Planning Division prior to the issuance of a grading permit.
7 13. The applicant shall install decorative pavement within each driveway connected to Base 8 Line Road and Palmetto Avenue. The decorative pavement shall extend across the entire width of each driveway and shall have a minimum depth of twenty-cight (28) feet as 9 measured from the property lines along Base Line Road and Palmetto Avenue.
Decorative pavement means decorative pavers and/or color concrete with patterns and 10 color variety. The location of the decorative pavement shall be identified on the Precise 11 Grading Plan prior to the issuance of a grading permit, and it shall also be identified on the site plan within the formal building plan check submittal prior to the issuance of 12 building permits. The type of decorative pavement shall be identified on the formal Landscape Plan submittal prior to the issuance of building permits. 13 14 14. The applicant shall install a "Community Gateway" sign at the southwest corner of the project site, near the intersection of Base Line Road and Palmetto Avenue, in accordance 15 with Figure 4-1 (Entries and Monuments) of the Renaissance Specific Plan. The "Community Gateway" sign shall be setback five (5) feet behind the landscape easement 16 along Base Line Road and Palmetto Avenue. The exact location of the "Community 17 Gateway" 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 18 for the "Community Gateway" sign, and construction of the "Community Gateway" sign shall be complete prior to the issuance of a Certificate of Occupancy. 19 20 15. The applicant shall install the proposed public art, as identified in "Exhibit A" attached hereto, a minimum of five (5) feet behind the landscape easement along Base Line Road. 21 The exact location of the public art shall be identified on the precise grading plan prior to 22 the issuance of a grading permit. An elevation detail for the public art shall be included in the formal building plan check submittal prior to the issuance of buildings permits. The 23 applicant shall obtain a building permit from the Building Division for the public art, and construction of the public art shall be complete prior to the issuance of the Certificate of 24 Occupancy.
25 16. The applicant shall grade the landscape setbacks along Base Line Road and Palmetto 26 Avenue with an upward slope leading from the back of the landscape easement up to the finished floor of the building. The slope shall be designed with the lowest slope angle 27 possible and shall maintain a path-of-travel from the secondary/emergency exits on the 28 south and west sides of the building. The slope, and the subsequent elimination of -7-
1 deepened wall panels and staircases, shall be identified on the precise grading plan prior to the issuance of a grading permit.
2 3 17. In order to provide enhanced building design in accordance with Section 4 of the Renaissance Specific Plan (Design Guidelines), the applicant shall route all downspouts 4 through the interior of each building. The internal downspouts shall be identified within 5 the formal building plan check submittal prior to the issuance of building permits. 6 18. In order to provide enhanced building design in accordance with Section 4 of the Renaissance Specific Plan (Design Guidelines), the applicant shall construct parapet 7 returns, at least three (3) feet in depth from the main wall plane, at all height variations on all four (4) sides of each building. The parapet returns shall be demonstrated on the roof 8 plans within the formal building plan check submittal prior to the issuance of building 9 permits.
10 19. In order to provide enhanced building design in accordance with Section 4 of the 11 Renaissance Specific Plan (Design Guidelines), the applicant shall provide only internal roof access for the building. The internal roof access shall be identified within the formal 12 building plan check submittal prior to the issuance of building permits. 13 20. All new walls installed on site, including retaining walls, shall be comprised of decorative 14 masonry block or decorative concrete. Decorative masonry block means tan slumpstone block, tan split-face block, or precision block with a stucco, plaster, or cultured stone 15 finish. Decorative concrete means painted concrete with patterns, reveals, and/or trim 16 lines. Pilasters shall be incorporated within all new walls visible from the public right-of- way. The pilasters shall be spaced a maximum of fifly (50) feet on-center and shall be 17 placed at all corners and ends of the wall. All pilasters shall protrude a minimum six (6) inches above and to the side of the wall. All decorative masonry walls and pilasters shall 18 include a decorative masonry cap. All walls and pilasters shall be identified on the site 19 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. 20 21. All entryways into the truck court shall be secured with solid metal gates up to the height 21 of the adjoining wall for the purpose of screening trucks and trailers parked within the 22 truck court. All new gates shall be identified on the site plan, and an elevation detail for the gates shall be included in the formal building plan check submittal prior to the issuance 23 of building permits. The gates shall be painted to match the color of the adjoining wall prior to the issuance of a Certificate of Occupancy.
24 25 22. All 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, 26 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 27 block with a stucco, plaster, or cultured stone finish. Decorative concrete means painted 28 concrete with patterns, reveals, and/or trim lines. The pilasters shall be spaced a maximum of fifty (50) feet on-center and shall be placed at all corners and ends of the fencing. All -8-
1 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 2 pilasters shall be included in the formal building plan check submittal prior to the issuance 3 of building permits.
4 23. The applicant shall construct two (2) ADA accessible trash enclosures on the project site.
The trash enclosures shall provide room for one (1) commercial waste container and one 5 (1) commercial recycling container. The exterior of the trash enclosure shall match the 6 material and base color of the building. Additionally, each trash enclosure shall contain solid steel doors and a flat solid cover. Corrugated metal and chain-link are not acceptable 7 materials to use as a part of the trash enclosure. The location of each trash enclosure shall be identified on the site plan within the formal building plan check prior to the issuance 8 of building permits. An elevation detail for the trash enclosures shall be provided within 9 formal building plan check submittal prior to the issuance of building permits. 10 24. All new light standards, including the base, shall have a maximum height of twenty-five 11 (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. 12 All light standards shall be identified on the site plan and a detail indicating the height 13 shall be included within the formal building plan check submittal prior to the issuance of building permits.
14 25. The applicant shall submit a formal Landscape Plan to the Planning Division prior to the 15 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 16 review fee.
17 26. All landscape plant species installed on site shall comply with the approved Plant Palette 18 of the Renaissance Specific Plan, unless specified otherwise herein. 19 27. The applicant shall plant one (1) tree every three (3) parking spaces. All parking lot 20 trees shall be a minimum of fifteen (15) gallons in size, upon initial planting.
Thereafter, the parking lot trees shall be permanently irrigated and maintained. All 21 parking lot tree species shall consist of evergreen broadleaf trees. The trees shall be 22 identified on the formal Landscape Plan submittal prior to the issuance of a landscape permit.
23 28. The applicant shall plant one (1) tree every thirty (30) feet on-center within the on-site 24 landscape setbacks along Base Line Road and Palmetto Avenue. All trees within the 25 landscape setbacks 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 26 irrigated and maintained by the property owner. At least fifty (50) percent of the trees within the setbacks shall consist of evergreen broadleaf trees, while the remaining 27 percentage may consist of broadleaf deciduous trees and/or palm trees. The trees shall 28 be identified on the formal Landscape Plan submittal prior to the issuance of a landscape permit.
-9-
1 29. The applicant shall plant one (1) tree every thirty (30) feet on-center within the on-site 2 landscape easements along Base Line Road and Palmetto Avenue. All trees within the 3 landscape easements shall be a minimum of twenty-four (24) inch box in size, upon initial planting. Thereafter, the trees within the landscape easement shall be 4 permanently irrigated and maintained by the property owner. At least fifty (50) percent of the trees within the easement shall consist of evergreen broadleaf trees, while the 5 remaining percentage may consist of broadleaf deciduous trees and/or palm trees. The 6 trees shall be identified on the formal Landscape Plan submittal prior to the issuance of a landscape permit.
8 30. The applicant shall plant one (1) tree every thirty (30) feet on-center within the public right-of-way parkway along Base Line Road. All trees within the public right-of-way 9 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 parkway shall be permanently 10 irrigated and maintained, as required by the Public Works Department. The street tree 11 species along Base Line Road shall be the Pyrus Calleryana "Bradford Flowering Pear" and/or the Quercus Virginianan "Southern Live Oak". The trees shall be identified on 12 the formal Landscape Plan submittal prior to the issuance of building permits. 13 31. The applicant shall plant one (1) tree every thirty (30) feet on-center within the public 14 right-of-way parkway along Palmetto Avenue. All trees within the public right-of-way parkway shall be a minimum of twenty-four (24) inch box in size, upon initial planting. 15 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 16 species along Palmetto Avenue shall be the Hymenosporum Flavum "Wedding Tree" 17 and/or the Koelreuteria Bipinnata "Chinese Lantern". The trees shall be identified on the formal Landscape Plan submittal prior to the issuance of building permits. 18 19 32. The applicant shall plant shrubs that surround all ground mounted equipment and utility boxes, including transformers, fire-department connections, backflow devices, etc. for 20 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. 22 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. 24 25 33. The applicant shall plant a substantial number of trees, shrubs, and groundcover throughout all land on-site and off-site (adjacent to the project site) that is not covered 26 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 planter an average of three (3) feet on-center or less. All trees shall be minimum of fifteen (15 28 gallons in size upon initial planting, unless otherwise specified herein. All shrubs shall be a minimum of one (1) gallon in size, unless otherwise specified herein. All planter -10-
1 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 2 not acceptable materials to use within on-site and off-site planter areas. All on-site 3 planter areas on-site shall be permanently irrigated and maintained by the property owner. The planting and irrigation shall be identified on the formal Landscape Plan 4 submittal prior to the issuance of a landscape permit. 5 34. 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 landscape 7 architect responsible for preparing the landscape plans prior to the issuance of a 8 Certificate of Occupancy.
9 35. All tubular steel fencing and/or sliding gates shall be painted black prior to the issuance of a Certificate of Occupancy, unless specified otherwise herein. 10 11 36. All non-glass doors shall be painted to match the color of the adjacent wall prior to the issuance of a Certificate of Occupancy.
12 37. All signage on the building shall comply with Section 5 (Signs) of the Renaissance 13 Specific Plan.
14 38. The privileges granted by the Planning Commission pursuant to approval of this 15 Conditional Development Permit are valid for one (1) year from the effective date of 16 approval. If the applicant fails to commence the project within one year of said effective date, this conditional development permit shall be null and void and any 17 privileges granted hereunder shall terminate automatically. If the applicant or his or her successor in interest commence the project within one year of the effective date of 18 approval, the privileges granted hereunder will continue inured to the property as long 19 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. 20 39. If the applicant fails to comply with any of the conditions of approval placed upon CDP 21 No. 2019-0016 or any conditions placed upon the approval of the Precise Plan of Design required by Condition No. 3 above, the Planning Commission may initiate 22 proceedings to revoke the conditional development permit in accordance with the 23 provisions of Sections 18.66.070 through 18.66.090, inclusive, of the Rialto Municipal Code. Conditional Development Permit No. 2019-0016 may be revoked, suspended or 24 modified in accordance with Section 18.66.070 of the Zoning Ordinance at the 25 discretion of the Planning Commission if:
26 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; 27 28 Any of the express conditions or terms of such permit are violated; -11-
1 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 2 due to noise, loitering, criminal activity or other undesirable characteristics 3 including, but not strictly limited to uses which are or have become offensive to neighboring property or the goals and objectives of the 4 Employment (EMP) zone, the Renaissance Specific Plan, and the City's General Plan.
5 6 SECTION 6. The Chairman of the Planning Commission shall sign the passage and 7 adoption of this resolution and thereupon the same shall take effect and be in force. 8 PASSED, APPROVED AND ADOPTED this 8th day of July. 2020. 9 10
Jackint
11 JOHN PEUKERT, CHAIR
12 CITY OF RIALTO PLANNING COMMISSION
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
-12-
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. 20-16 was duly passed and adopted at a regular meeting of the Planning Commission of the City of Rialto held on the 8t* day of July 2020. 8 Upon motion of Commissioner Dale Estvander, second by Commissioner Al Twine the foregoing Resolution No. 20-16 was duly passed and adopted. 10 Vote on the motion:
AYES: 6
13 NOES: 1
14 ABSENT:
15 IN WITNESS WHEREOF, I have hereunto set my hand and the Official Seal of the City of 16 Rialto this 8th day of July 2020.
17 18
19 Adrianna Martinez Administrative Assistant
20 21
22 23
24 25
26 27
28 -13-
Exhibit "A"
10 11
12 13
14 15
16 17
18 19
20 21
22 23
24 25
26 27
28 -14-