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Exhibit J - Draft Resolution of Approval for EAR No. 2021-0059

Rialto City Council
July 26, 2022

Document
Exhibit J - Draft Resolution of Approval for EAR No. 2021-0059
Meeting
July 26, 2022
Body
Rialto City Council
Original file
232 KB
Text extracted from the city's file for reading and search. Open the original on legistar.granicus.com. That file is the official record.

RESOLUTION NO. XXXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RIALTO, CALIFORNIA ADOPTING AN ADDEnDUM to the june 2016 renaissance specific plan amendment subsequent environmental impact report (ENVIRONMENTAL ASSESSMENT REVIEW No. 2021-0059) for a project consisting of THE Change of Land use district from corporate center (CC) within the Renaissance Specific Plan to Business Center (BC) within the Renaissance Specific Plan, The Merging OF two (2) parcels of land into one (1) parcel of land, and the development and operation of a 116,060 square foot industrial warehouse center building on said parcel of land.

WHEREAS, the applicant, Orbis Real Estate Partners, LLC, proposes to merge two (2) parcels of land (APNs: 0240-211-25 & -26) located at the northwest corner of Renaissance Parkway and Locust Avenue (collectively “Site”) into one (1) 6.02 net acre parcel of land and develop a 116,060 square foot industrial warehouse building on said parcel of land (“Project”); and WHEREAS, in conjunction with the Project, the applicant has submitted Specific Plan Amendment No. 2021-0002 to change the land use designation of the Site, as described in the legal description attached as Exhibit A, from Corporate Center (CC) within the Renaissance Specific Plan to Business Center (BC) within the Renaissance Specific Plan (“SPA No. 2021-0002”); and WHEREAS, in conjunction with the Project, the applicant has submitted Lot Line Adjustment No. 2021-0014 to merge the two (2) parcels of land within the Site into one (1) 6.02 net acre parcel of land (“LLA No. 2021-0014”); and WHEREAS, in conjunction with the Project, the applicant has submitted Conditional Development Permit No. 2021-0048 to facilitate the development and operation of a 116,060 square foot industrial warehouse building on the Site (“CDP No. 2021-0048”); and WHEREAS, in conjunction with the Project, the applicant has submitted Precise Plan of Design No. 2021-0063 to facilitate the development of a 116,060 square foot industrial warehouse building on the Site (“PPD No. 2021-0063”); and WHEREAS, pursuant to the provisions of California Environmental Quality Act (CEQA) Section 15164(a), Public Resources Code Sections 21000 et. seq. ("CEQA"), the State's CEQA Guidelines, California Code of Regulations, Title 14, Section 15000 et. seq., and Government Code Section 65962.5(f) (Hazardous Waste and Substances Statement), the City reviewed an Addendum to the June 2016 Renaissance Specific Plan Amendment Subsequent Environmental Impact Report (Environmental Assessment Review No. 2021-0059) prepared by Applied Planning, Inc., Exhibit “B” hereto, and determined that the proposed Project would result in no new significant impacts that were not analyzed in the June 2016 Renaissance Specific Plan Amendment Subsequent Environmental Impact Report (“2016 RSPA SEIR”), nor would the proposed Project cause a substantial increase in the severity of any previously identified environmental impacts. The potential impacts associated with proposed Project would either be the same or less than those described in the 2016 RSPA SEIR. In addition, there are no substantial changes to the circumstances under which the proposed Project would be undertaken that would result in new or more severe environmental impacts than previously addressed in the 2016 RSPA SEIR, nor has any new information regarding the potential for new or more severe significant environmental impacts been identified; and WHEREAS, the City mailed public hearing notices for the proposed Project to all property owners within 1,000 feet of the project site, and published the public hearing notice in the San Bernardino Sun newspaper as required by State law; and WHEREAS, on June 29, 2022, the Planning Commission of the City of Rialto conducted a duly noticed public hearing, as required by law, on the Addendum to the June 2016 Renaissance Specific Plan Amendment Subsequent Environmental Impact Report, SPA No. 2021-0002, CDP No. 2021-0048, and PPD No. 2021-0063, took testimony, at which time it received input from staff, the city attorney, and the Applicant; heard public testimony; discussed the proposed Addendum to the June 2016 Renaissance Specific Plan Amendment Subsequent Environmental Impact Report, SPA No. 2021-0002, CDP No. 2021-0048, and PPD No. 2021-0063; and closed the public hearing; and WHEREAS, on June 29, 2022, the Planning Commission voted 3-2 (1 absence and 1 vacancy) to recommend denial of the Addendum to the June 2016 Renaissance Specific Plan Amendment Subsequent Environmental Impact Report, SPA No. 2021-0002, CDP No. 2021-0048, and PPD No. 2021-0063 to the City Council; and WHEREAS, on July 26, 2022, the City Council conducted a duly noticed public hearing, as required by law, on the Addendum to the June 2016 Renaissance Specific Plan Amendment Subsequent Environmental Impact Report, SPA No. 2021-0002, CDP No. 2021-0048, and PPD No. 2021-0063, took testimony, at which time it received input from staff, the city attorney, and the applicant; heard public testimony, discussed the Addendum to the June 2016 Renaissance Specific Plan Amendment Subsequent Environmental Impact Report, SPA No. 2021-0002, CDP No. 2021-0048, and PPD No. 2021-0063; 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. The City of Rialto is the Lead Agency for the Project, as determined by CEQA. Based on the Addendum to the June 2016 Renaissance Specific Plan Amendment Subsequent Environmental Impact Report (Environmental Assessment Review No. 2021-0059) and the accompanying technical studies, it has been determined that:

There are no substantial changes to the Project or the circumstances under which the Project will be carried out that will require major revisions to the previously certified EIR.

The Project will not result in new significant environmental effects or substantial increases in the severity of previously identified significant effects.

There is no new information substantial importance, which was known or could have been known with the exercise of reasonable diligence at the time the previous EIR was certified.

The Project will not have any significant effects that are not identified and discussed in the previously certified EIR, and there are no newly feasible, or considerably different, mitigation measures or alternatives which would substantially reduce one or more significant effects of the Project which the applicant declines to adopt.

SECTION 3. The City Council hereby adopts the Addendum to the June 2016 Renaissance Specific Plan Amendment Subsequent Environmental Impact Report (Environmental Assessment Review No. 2021-0059), attached hereto as Exhibit “B”, prepared in accordance with CEQA for the Project.

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 26th day of July, 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
Exhibit “A”
Exhibit “B”
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