RESOLUTION NO. XXXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RIALTO, CALIFORNIA, APPROVING SPECIFIC PLAN AMENDMENT NO. 2021-0002 TO CHANGE THE LAND USE DESIGNATION OF APPROXIMATELY 6.02 ACRES OF LAND (APNS: 0240-211-25 & -26) LOCATED AT THE NORTHWEST CORNER OF RENAISSANCE PARKWAY AND LOCUST AVENUE from CORPORATE CENTER (CC) WITHIN THE RENAISSANCE SPECIFIC PLAN to BUSINESS CENTER (BC) Within the RENAISSANCE Specific plan.
WHEREAS, approximately 6.02 gross acres of land (APNs: 0240-211-25 & -26) located at the northwest corner of Renaissance Parkway and Locust Avenue, described in the legal description attached as Exhibit A (“Site”), is within the boundary of the Renaissance Specific Plan and is currently zoned Corporate Center (CC); and WHEREAS, the applicant, Orbis Real Estate Partners, LLC, proposes to change the land use designation of the Site from CC to Business Center (BC) within the Renaissance Specific Plan (“Project”); 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 (“CDP No. 2021-0048”) and Precise Plan of Design No. 2021-0063 (“PPD No. 2021-0063”) to facilitate the development and operation of a 116,060 square foot industrial warehouse building on the Site (“Development”), and the Project is necessary to facilitate the Development; and WHEREAS, pursuant to Section 18.78.060 of the Rialto Municipal Code, the Project requires the approval of an amendment to the Renaissance Specific Plan, and the applicant has agreed to apply for Specific Plan Amendment No. 2021-0002 (“SPA No. 2021-0002”); and WHEREAS, pursuant to Section 18.78.010 of the Rialto Municipal Code, the City Council is authorized to adopt and implement specific plans with the City; and WHEREAS, pursuant to Section 18.78.060E and Section 18.78.060F of the Rialto Municipal Code, the Planning Commission shall hold a public hearing for a proposed amendment to an adopted specific plan and forward a recommendation to the City Council for action; 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 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 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 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 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 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. Based on substantial evidence presented to the City Council during the public hearing conducted with regard to SPA No. 2021-0002, including written staff reports, verbal testimony, project plans, other documents, and the conditions of approval stated herein, the City Council hereby determines that SPA No. 2021-0002 satisfies the requirements of Government Code Sections 65358 and 65453 and Section 18.78.060I of the Rialto Municipal Code pertaining to the findings which must be made precedent to amending a Specific Plan. The findings are as follows:
That the proposed Specific Plan Amendment is consistent with the goals and policies of the General Plan and its purposes, standards and land use guidelines; and This finding is supported by the following facts:
The Site has a General Plan designation of Specific Plan with a Specific Plan Overlay and a land use designation of Corporate Center (CC) within the Renaissance Specific Plan. The Project will not affect the General Plan land use designation for the Site. The applicant proposes to change the Specific Plan land use designation of the Site to Business Center (BC) within the Renaissance Specific Plan. The proposed BC land use designation is consistent with the Specific Plan with a Specific Plan Overlay land use designation, and both will serve to facilitate the Development.
Additionally, the Project is consistent with Goal 2-16 and Goal 2-22 of the Land Use Element of the General Plan, which encourages improved architectural and design quality that is sensitive to the needs of the visitor or resident. The change in the Specific Plan land use designation will facilitate a development of superior architectural quality. The Development proposes to incorporate significant wall plane articulation and several other architectural features including reveals, metal brow accents, and glazing. The development will also include a solid concrete screen wall around the loading area to screen views and reduce noise pollution.
Furthermore, the Project is consistent with Goal 3-1 of the Economic Development Element of the General Plan, which encourages strengthening and diversification of the economic base and employment opportunities, while maintaining a positive business climate. The change in the Specific Plan land use designation of the Site from CC to BC will lead to the development of an industrial building on land that has remained historically vacant under the current zoning.
That the proposed Specific Plan Amendment will help achieve a balanced community of all races, age groups, income levels and ways of life; and This finding is supported by the following facts:
The Project will facilitate the development of a 116,060 square foot industrial warehouse building, which will provide new jobs across various wage and education levels available to all races, age groups, and ways of life.
That the proposed Specific Plan Amendment results in development of desirable character, which will be compatible with existing and proposed development in the surrounding neighborhood; and This finding is supported by the following facts:
The Project will facilitate the development of a high-quality warehouse building. The proposed Development is consistent with the existing warehouse developments to the south and west of the Site and other recent warehouse developments within the Renaissance Specific Plan area.
The nearby area is predominantly designated for and developed with industrial uses, and as a result, there are no sensitive land uses near the Site. The project is not expected to negatively impact any uses since measures, such as landscape buffering, the installation of solid screen walls, and the prohibition of truck movements east on Renaissance Parkway will be implemented.
That the proposed Specific Plan Amendment contributes to a balance of land uses that will enable local residents to work and shop in the community in which they live; and This finding is supported by the following facts:
Limited development opportunities exist within the Renaissance Specific Plan area between Alder Avenue and Locust Avenue. The Site is surrounded by the 210 freeway to the north and several large warehouse buildings to the south and west. The Site has remained historically vacant under the Corporate Center (CC) land use designation. The likelihood that the project site will develop into a corporate center office use is remote given the industrial warehouse character throughout most of the Renaissance Specific Plan area, particularly the areas immediately surrounding the project site. Simultaneously, the existing CC land use designation has not resulted in any development on the Site. The most logical Specific Plan land designation to facilitate the development of the Site is an industrial zone, such as the BC land use designation. The BC land use designation will maintain consistency with the surrounding area and provide job opportunities for those living in existing residential areas within the City.
That the proposed Specific Plan Amendment respects the environmental and aesthetic assets of the community consistent with economic realities; and This finding is supported by the following facts:
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. 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.
Additionally, the Development, enabled by the Project, will meet or exceed all aesthetic design guidelines required by the Renaissance Specific Plan and City’s Design Guidelines through the incorporation of landscaping, significant wall plane articulation on the building, and several other architectural features including reveals, metal brow accents, and glazing.
That the proposed Specific Plan Amendment incorporates, where feasible, active and passive energy conservation measures.
This finding is supported by the following facts:
The Development, enabled by the Project, is required to meet or exceed California Building Code Title 24, Part 6 Energy Efficiency Standards. This will be achieved through the implementation of features such as, but not limited to, energy efficient windows, energy efficient heating and cooling systems, painting in light off-white colors to reflect heat away, and structural accommodation of photovoltaic solar electric systems.
SECTION 3. An Addendum to the June 2016 Renaissance Specific Plan Amendment Subsequent Environmental Impact Report (Environmental Assessment Review No. 2021-0059) has been prepared for the Project in accordance with the California Environmental Quality Act (CEQA), and it has been 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. The City Council hereby adopts the Addendum to the June 2016 Renaissance Specific Plan Amendment Subsequent Environmental Impact Report for the Project.
SECTION 4. The City Council hereby approves SPA No. 2021-0002 to change the specific plan land use designation of the Site from Corporate Center (CC) within the Renaissance Specific Plan to Business Center (BC) within the Renaissance Specific Plan, in accordance with the applications on file with the Planning Division, subject to the following conditions:
SPA No. 2021-0002 is approved changing the land use designation of approximately 6.02 acres of land (APNs: 0240-211-25 & -26) located at the northwest corner of Renaissance Parkway and Locust Avenue, and 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. If the Conditions of Approval specified herein are not satisfied or otherwise completed, the Project shall be subject to revocation.
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.
The applicant shall indemnify, protect, defend, and hold harmless, the City of Rialto, and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof (collectively, the “City Parties”), from any and all claims, demands, law suits, writs of mandamus, and other actions and proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute resolutions procedures (including, but not limited to arbitrations, mediations, and other such procedures), (collectively “Actions”), brought against the City, and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or annul, the any action of, or any permit or approval issued by, the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof (including actions approved by the voters of the City), for or concerning the Project (collectively, the “Entitlements”), whether such Actions are brought under the California Environmental Quality Act, the Planning and Zoning Law, the Subdivision Map Act, Code of Civil Procedure Chapter 1085 or 1094.5, the California Public Records Act, or any other state, federal, or local statute, law, ordinance, rule, regulation, or any decision of a court of competent jurisdiction. This condition to indemnify, protect, defend, and hold the City harmless shall include, but not limited to (i) damages, fees and/or costs awarded against the City, if any, and (ii) cost of suit, attorneys’ fees and other costs, liabilities and expenses incurred in connection with such proceeding whether incurred by applicant, Property owner, or the City and/or other parties initiating or bringing such proceeding (collectively, subparts (i) and (ii) are the “Damages”). Notwithstanding anything to the contrary contained herein, the Applicant shall not be liable to the City Parties under this indemnity to the extent the Damages incurred by any of the City Parties in such Action(s) are a result of the City Parties’ fraud, intentional misconduct or gross negligence in connection with issuing the Entitlements. The applicant shall execute an agreement to indemnify, protect, defend, and hold the City harmless as stated herein within five (5) days of approval of SPA No. 2021-0002.
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 subject to protest by the applicant at the time of approval or conditional approval of the Project or within 90 days after the date of the imposition of the fees, dedications, reservations, or exactions imposed on the Project.
The applicant shall comply with all conditions of approval contained in CDP No. 2021-0048, and PPD No. 2021-0063, to the extent they are not in conflict with any condition of approval herein.
SECTION 5. 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”
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