RESOLUTION NO. SA 2022-_____
A RESOLUTION OF THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY OF RIALTO, AS RESPONSIBLE AGENCY, CERTIFYING THAT IT HAS REVIEWED AND CONSIDERED INFORMATION CONTAINED IN CERTAIN ENVIRONMENTAL DOCUMENTS FOR THE GATEWAY SPECIFIC PLAN AND THE RIALTO II DEVELOPMENT PROJECT, ADOPTING CERTAIN FINDINGS OF FACT, AND ADOPTING THE MITIGATION AND MONITORING AND REPORTING PROGRAM WHEREAS, the Successor Agency to the Redevelopment Agency of the City of Rialto (“Successor Agency”) is engaged in activities necessary to carry out and implement the Successor Agency’s Long Range Property Management Plan, dated December 4, 2014 (“LRPMP”), including the disposition of seven parcels of land, referred to collectively as the Gateway Commercial/WalMart Supercenter Block (the “Gateway Parcels”), located on Riverside Avenue south of San Bernardino Avenue, within the Gateway Specific Plan (the “Specific Plan”); and WHEREAS, the Successor Agency entered into that certain Purchase and Sale Agreement, dated November 8, 2021, by and between the Successor Agency, the City of Rialto (“City”), and NewMark Merrill Companies, Inc. (“Developer”), as amended by the First Amendment to Purchase and Sale Agreement, dated March 8, 2022, by and between the Successor Agency, the City and the Developer (collectively, the “PSA”), relating to the purchase and sale of the Gateway Parcels; and WHEREAS, the City prepared, and in January 1990, certified the Rialto Gateway Specific Plan Environmental Impact Report (“FEIR”), adopted the Findings of Fact, the Statement of Overriding Considerations, and the Mitigation Monitoring and Reporting Program (“MMRP”), in connection with the adoption of the Specific Plan; and WHEREAS, the City is the lead agency with respect to the Developer’s proposed development and construction of a 93,770 square foot shopping center and an 83,272 square foot warehouse on approximately 14.76 acres (“Project”) and in January 2022, prepared and adopted an Addendum to the Rialto Gateway Specific Plan Final Environmental Impact Report (Environmental Assessment Review No. 2021-0061) and the accompanying technical studies (the “2022 Addendum”), for the Project; and WHEREAS, the Successor Agency is acting in the capacity of a responsible agency under the California Environmental Quality Act (“CEQA”) in connection with the Project; and WHEREAS, pursuant to CEQA Guidelines Section 15096(g)(1), a responsible agency has responsibility for mitigating or avoiding only the direct or indirect environmental effects of those parts of the project which it decides to carry out, finance, or approve; and WHEREAS, the only parts of the Project the Successor Agency is carrying out or approving is the conveyance of interests in real property to the Developer.
NOW, THEREFORE, THE BOARD OF THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY OF RIALTO, HEREBY FINDS, DETERMINES AND RESOLVES AS FOLLOWS:
SECTION 1. The Recitals set forth above are true and correct and incorporated herein by reference.
SECTION 2. The Successor Agency, acting as a responsible agency under CEQA, hereby certifies that the information contained in the FEIR and the 2022 Addendum has been reviewed and considered by the members of the Successor Agency, that each and all of the findings and determinations contained in this Resolution are based on substantial evidence in the record, and that such findings and determinations reflect the independent judgment and analysis of the Successor Agency; and copies of the FEIR and 2022 Addendum are on file in the office of the Successor Agency Secretary.
SECTION 3. The Successor Agency, pursuant to CEQA Guidelines Section 15091 and 15096, hereby adopts the Findings of Fact made in connection with the FEIR, and the 2022 Addendum, as contained in Planning Commission of the City of Rialto Resolution No. 2022-01, and specifically including the findings set forth in Section 2 thereof; and a copy of Planning Commission of the City of Rialto Resolution No. 2022-01, containing the Findings of Fact, is on file in the office of the Successor Agency Secretary.
SECTION 4. The Successor Agency, pursuant to CEQA Guidelines Section 15096, hereby adopts the Mitigation Monitoring and Reporting Program (“MMRP”), prepared in connection with the FEIR, to monitor and ensure that the mitigation measures identified will be instituted; and a copy of the MMRP is on file in the office of the Successor Agency Secretary.
SECTION 5. The Successor Agency Executive Director, or designee, is hereby authorized and directed to file a Notice of Determination with the Clerk of the Board of Supervisors for the County of San Bernardino, stating that the Successor Agency, in its capacity as a responsible agency under CEQA, has reviewed and considered the information contained in the FEIR and the 2022 Addendum.
PASSED APPROVED AND ADOPTED this ______ day of ______, 2022. ______________________________
DEBORAH ROBERTSON, Chair
ATTEST:
______________________________
BARBARA MCGEE, Agency Secretary
APPROVED AS TO FORM:
______________________________
ERIC S. VAIL, Agency Counsel
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss
CITY OF RIALTO )
I, Barbara McGee, Secretary of the Successor Agency to the Redevelopment Agency of the City of Rialto, do hereby certify that the foregoing Resolution No. SA 2022-.____ was duly passed and adopted at a regular meeting of the Successor Agency held on the ____ day of ______________, 2022.
Upon motion of Board Member ____________, seconded by Board Member ____________, the foregoing Resolution No. ____ was duly passed and adopted.
Vote on the motion:
AYES:
NOES:
ABSENT:
IN WITNESS WHEREOF, I have hereunto set my hand and the Official Seal of the City of Rialto this _____ day of _________________, 2021. ____________________________________
BARBARA MCGEE, AGENCY SECRETARY
EXHIBIT A
Legal Description and Map of “Property”
119 N. Riverside Avenue
Parcel 1 of Parcel Map No. 14136 recorded June 23, 1992 in Book 167, at Page 54 of Parcel Maps records of San Bernardino County, California.
APN 0130-161-2
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