1 RESOLUTION NO. 2022-31
2 A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF RIALTO, CALIFORNIA, RECOMMENDING THAT
THE CITY COUNCIL DENY SPECIFIC PLAN AMENDMENT
4 NO. 2021-0002, CONDITIONAL DEVELOPMENT PERMIT NO.
5 2021-0048, AND PRECISE PLAN OF DESIGN NO. 2021-0063.
6 WHEREAS, the applicant, Orbis Real Estate Partners, LLC, proposes to merge two (2) 7 parcels of land (APNs: 0240-211-25 & -26) located at the northwest corner of Renaissance 8 Parkway and Locust Avenue (collectively "Site") into one (1) 6.02 net acre parcel of land and 9 develop a 116,060 square foot industrial warehouse building on said parcel of land ("Project"); 10 and
11 WHEREAS, in conjunction with the Project, the applicant has submitted Specific Plan 12 Amendment No. 2021-0002 to change the land use designation of the Site, as described in the legal 13 description attached as Exhibit A, from Corporate Center (CC) within the Renaissance Specific 14 Plan to Business Center (BC) within the Renaissance Specific Plan ("SPA No. 2021-0002"); and 15 WHEREAS, in conjunction with the Project, the applicant has submitted Lot Line 16 Adjustment No. 2021-0014 to merge the two (2) parcels of land within the Site into one (1) 6.02 17 net acre parcel of land ("LLA No. 2021-0014"); and
18 WHEREAS, in conjunction with the Project, the applicant has submitted Conditional 19 Development Permit No. 2021-0048 to facilitate the development and operation of a 116,060 20 square foot industrial warehouse building on the Site ("CDP No. 2021-0048"); and 21 WHEREAS, in conjunction with the Project, the applicant has submitted Precise Plan of 22 Design No. 2021-0063 to facilitate the development of a 116,060 square foot industrial warehouse 23 building on the Site ("PPD No. 2021-0063"); and
24 WHEREAS, on June 29, 2022, the Planning Commission of the City of Rialto conducted 25 a duly noticed public hearing, as required by law, on SPA No. 2021-0002, CDP No. 2021-0048, 26 and PPD No. 2021-0063, took testimony, at which time it received input from staff, the city 27 28
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1 attorney; heard public testimony; discussed the proposed SPA No. 2021-0002, CDP No. 2021- 2 0048, and PPD No. 2021-0063; and closed the public hearing; and 3 WHEREAS, on June 29, 2022, the Planning Commission voted 3-2 (1 absence and 1 4 vacancy) to recommended that the City Council deny SPA No. 2021-0002, CDP No. 2021-0048, 5 and PPD No. 2021-0063; and
6 WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred.
NOW, THEREFORE, the Planning Commission hereby finds, determines, and resolves as 8 follows:
9 SECTION 1. The Planning Commission hereby specifically finds that all of the facts set forth 10 in the recitals above of this Resolution are true and correct and incorporated herein. 11 SECTION 2. Based on substantial evidence presented to the Planning Commission during 12 the public hearing conducted with regard to SPA No. 2021-0002, including written staff reports, 13 verbal testimony, project plans, other documents, and the conditions of approval stated herein, the 14 Planning Commission hereby determines that SPA No. 2021-0002 does not satisfy the requirements 15 of Government Code Sections 65358 and 65453 and Section 18.78.060I of the Rialto Municipal Code 16 pertaining to the findings which must be made precedent to amending a Specific Plan. As documented 17 below, the Project does not satisfy findings number 3 and 5. The findings are as follows:
18 19 That the proposed Specific Plan Amendment results in development of desirable character, which will be compatible with existing and proposed development in the 20 surrounding neighborhood; and
21 This finding cannot be supported because of the following facts:
The Project will generate an increase in truck traffic to the local streets, which will negatively 23 impact the efficiency of traffic in the immediate area, and the Project will generate an unnecessary increase in pollution in the immediate area through construction, operational, and 24 mobile emission sources. Additionally, the immediate area is already well-served by a vast 25 number of industrial warehouses, and as such there is no need to change the land use designation of the Site to facilitate an additional industrial warehouse use. 26 That the proposed Specific Plan Amendment respects the environmental and aesthetic 27 assets of the community consistent with economic realities; and 28 -2-
1 This finding cannot be supported because of the following facts:
2 The Project will generate harmful pollution through construction, operational, and mobile emission sources, including but not limited to Carbon Monoxide (CO), Nitrogen Oxide 3 (NOx), etc., that will disperse throughout the area around the Site. Additionally, the Project 4 will increase truck traffic in the immediate area, which will create further traffic delays on local streets that will negatively affect persons residing or working in the vicinity. 5 The increase in truck traffic and air pollution by the Project will negatively affect the health, 6 safety, and welfare of those residing or working in the immediate area. 7 8 SECTION 3. Based on substantial evidence presented to the Planning Commission during the public hearing conducted with regard to CDP No. 2021-0048, including written staff reports, 9 10 verbal testimony, project plans, other documents, and the conditions of approval stated herein, the 11 Planning Commission hereby determines that CDP No. 2021-0048 does not satisfy the requirements 12 of Section 18.66.020 of the Rialto Municipal Code pertaining to the findings which must be made 13 precedent to granting a Conditional Development Permit. As documented below, the Project does 14 not satisfy findings number 1, 2, and 6. The findings are as follows:
15 The proposed use is deemed essential or desirable to provide a service or facility 16 which will contribute to the convenience or general well-being of the neighborhood or community.
17 18 This finding cannot be supported because of the following facts:
19 The Project will generate an increase in truck traffic to the local streets, which will negatively impact the efficiency of traffic in the immediate area, and the Project will generate an 20 unnecessary increase in pollution in the immediate area through construction, operational, and 21 nobile emission sources. Additionally, the immediate area is already well-served by a vast number of industrial warehouses, and as such there is no need to facilitate an additional 22 industrial warehouse use.
23 The proposed use will not be detrimental or injurious to health, safety, or general 24 welfare of persons residing or working in the vicinity. 25 This finding cannot be supported because of the following facts:
26 The Project will generate harmful pollution through construction, operational, and mobile emission sources, including but not limited to Carbon Monoxide (CO), Nitrogen Oxide 27 (NOx), etc., that will disperse throughout the area around the Site. •
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Additionally, the Project will increase truck traffic in the immediate area, which will create 1 further traffic delays on local streets that will negatively affect persons residing or working in 2 the vicinity.
3 Any potential adverse effects upon the surrounding properties will be minimized to 4 every extent practical and any remaining adverse effects shall be outweighed by the benefits conferred upon the community or neighborhood as a whole. 5 This finding cannot be supported because of the following facts:
6 7 The Project will generate an increase in truck traffic and air pollution that will negatively impact those working and residing in the vicinity. These adverse effects do not outweigh any 8 benefits posed by the implementation of the Project.
9 SECTION 4. Based on substantial evidence presented to the City Council during the public 10 hearing conducted with regard to PPD No. 2021-0063, including written staff reports, verbal 11 12 testimony, project plans, other documents, and the conditions of approval stated herein, the Planning 13 Commission hereby determines that PPD No. 2021-0063 does not satisfy the requirements of Section 14 18.65.020E of the Rialto Municipal Code pertaining to the findings which must be made precedent 15 to granting a Precise Plan of Design. As documented below, the Project does not satisfy finding 16 number 3. The findings are as follows:
17 18 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 19 general public.
20 This finding cannot be supported because of the following facts:
21 The Project will generate harmful pollution through construction, operational, and mobile 22 emission sources, including but not limited to Carbon Monoxide (CO), Nitrogen Oxide (NOx), etc., that will disperse throughout the area around the Site. Additionally, the Project 23 will increase truck traffic in the immediate area, which will create further traffic delays on local streets that will negatively affect persons residing or working in the vicinity. 24 25 The increase in truck traffic and air pollution by the Project will negatively affect the health, safety, and welfare of those residing or working in the immediate area. 26 27 SECTION 5. The Planning Commission hereby recommends that the City Council deny 28 Specific Plan Amendment No. 2021-0002, Conditional Development Permit No. 2021-0048, and -4-
1 Precise Plan of Design No. 2021-0063 on the grounds that the Project will be a detriment to the air 2 quality and the level of service of traffic in the immediate area, that the area is already well-served by 3 other existing industrial warehouses in the area, and that the Project does not comply with the required findings necessary for approval contained in Government Code Sections 65358 and 65453 and 5 Section 18.78.0601 of the Rialto Municipal Code, Section 18.66.020 of the Rialto Municipal Code, 6 and Section 18.65.020E of the Rialto Municipal Code.
7 SECTION 6. The Chairman of the Planning Commission shall sign the passage and 8 adoption of this resolution and thereupon the same shall take effect and be in force. 9 10 PASSED, APPROVED AND ADOPTED this 29th day of June, 2022. 11 12
13 JERRY GUTIERREZ, CHAIR
14 CITY OF RIALTO PLANNING COMMISSION
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1 STATE OF CALIFORNIA )
2 COUNTY OF SAN BERNARDINO ) SS
3 CITY OF RIALTO )
4 5 I, Kimberly Dame, Administrative Analyst of the City of Rialto, do hereby certify that the 6 foregoing Resolution No. 2022-31 was duly passed and adopted at a regular meeting of the Planning 7 Commission of the City of Rialto held on the 29th day of June, 2022. 8 Upon motion of Planning Commission Chair Jerry Gutierrez, seconded by Planning 9 Commissioner John Peukert, the foregoing Resolution No. 2022-31 was duly passed and adopted. 10 Vote on the motion:
11 AYES: 3
12 NOES: 2
13 ABSENT: 1
14 ABSTAIN: 0
15 IN WITNESS WHEREOF, I have hereunto set my hand and the Official Seal of the City of 16 Rialto this 29th day of June, 2022.
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KIMBERLY DAME, ADMINISTRATIVE ANALYST
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