RESOLUTION NO. XXXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RIALTO, CALIFORNIA ApprovING conditional development permit no. 2021-0048 allowING THE DEVELOPMENT and operation OF A 116,060 SQUARE FOOT INDUSTRIAL WAREHOUSE BUILDING on approximately 6.02 ACRES oF land (APNS: 0240-211-25 & -26) located at the NORTHWESt corner OF RENAISSANCE PARKWAY AND LOCUST AVENUE.
WHEREAS, the applicant, Orbis Real Estate Partners, LLC, proposes to develop and operate a 116,060 square foot industrial warehouse building (“Project”) on approximately 6.02 acres of land (APNs: 0240-211-25 & -26) located at the northwest corner of Renaissance Parkway and Locust Avenue (“Site”); and WHEREAS, the Project will consist of 4,000 square feet of office space on the ground floor, 4,500 square feet of office space on the second floor, and 107,560 square feet of warehouse space with twelve (12) dock-high loading doors, which will be located on the south side of the building; and WHEREAS, Pursuant to Section 18.112.040A of the Rialto Municipal Code, the Project requires a Conditional Development Permit, and the applicant has agreed to apply for Conditional Development Permit No. 2021-0048 (“CDP No. 2021-0048”); and WHEREAS, the in conjunction with the Project, the applicant submitted Specific Plan Amendment No. 2021-0002 to change the Specific Plan 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 SPA No. 2021-0002 is necessary to facilitate the 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 submitted Precise Plan of Design No. 2021-0063 (“PPD No. 2021-0063”) to facilitate the development of a 116,060 square foot industrial warehouse building and related improvements on the Site; 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 CDP No. 2021-0048, SPA No. 2021-0002, 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 CDP No. 2021-0048, SPA No. 2021-0002, 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 CDP No. 2021-0048, SPA No. 2021-0002, 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 CDP No. 2021-0048, SPA No. 2021-0002, 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 CDP No. 2021-0048, SPA No. 2021-0002, 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 CDP No. 2021-0048, including written staff reports, verbal testimony, site plans, other documents, and the conditions of approval stated herein, the City Council hereby determines that CDP No. 2021-0048 satisfies the requirements of Section 18.66.020 of the Rialto Municipal Code pertaining to the findings which must be made precedent to granting a conditional development permit, which findings are as follows:
1. The proposed use is deemed essential or desirable to provide a service or facility which will contribute to the convenience or general well-being of the neighborhood or community; and This finding is supported by the following facts:
The Site is generally rectangular-shaped, expansive in size, vacant, and covered only by natural grasses and shrubs. The Project will develop the highest and best use for the Site, in accordance with the proposed Business Center (BC) land use district of the Renaissance Specific Plan. Additionally, the Project will provide employment opportunities within the City and reduce blight by implementing a use on vacant, unimproved land.
2. The proposed use will not be detrimental or injurious to health, safety, or general welfare of persons residing or working in the vicinity; and This finding is supported by the following facts:
The development of an industrial warehouse building on the Site is consistent with the proposed Business Center (BC) land use district, which conditionally permits the development and operation of industrial warehouse buildings. To the north of the project site is the SR-210 Freeway, and to the east, across Locust Avenue, is a Southern California Edison electrical substation and approximately 13.13 acres of vacant land. To the south, across Renaissance Parkway, is a 927,696 square foot industrial warehouse building occupied by Distribution Alternatives, a third-party distributor and fulfillment services provider, and to the west is approximately 6.94 acres of land currently being developed into a 135,408 square foot industrial warehouse building. The proposed land use designation of the Site and the land use designation of the properties to the south and west is BC, the land use designation of the property to the east is Corporate Center (CC) within the Renaissance Specific Plan. The Project is consistent with the proposed BC land use designation and the surrounding land uses. The nearby area is predominantly designated for and developed with industrial uses, and as a result, there are no sensitive land uses near the project site. The project is not expected to negatively impact any uses with the successful implementation of measures such as landscape buffering, the installation of solid screen walls, and aesthetic building enhancements.
3. The site for the proposed use is adequate in size, shape, topography, accessibility and other physical characteristics to accommodate the proposed use in a manner compatible with existing land uses; and This finding is supported by the following facts:
The Site contains approximately 6.02 gross acres, is generally rectangular-shaped, fairly level, and adjacent to two (2) public streets, which will be able to accommodate the proposed use. The Project will have three (3) points of access – two (2) via Renaissance Parkway and one (1) via Locust Avenue. The driveways on Renaissance Parkway will provide right-in/right-out access for both trucks and passenger vehicles, and the driveway connected to Locust Avenue will provide full access for passenger vehicles only. In addition, the building will have 96 parking spaces, which exceeds the amount required by Table 3-6 (Parking Standards) of the Renaissance Specific Plan.
4. The site has adequate access to those utilities and other services required for the proposed use; and This finding is supported by the following facts:
The Site will have adequate access to all utilities and services required through main water, electric, sewer, and other utility lines that will be hooked up to the Site.
5. The proposed use will be arranged, designed, constructed, and maintained so as it will 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, or any zoning ordinances, and This finding is supported by the following facts:
As previously stated, the use is consistent with the proposed BC land use designation. The design of the Project includes a solid concrete screen wall around the truck court such that none of the dock doors will be visible from the public right-of-way, the building will have ninety-six (96) parking spaces, and the Project will have a Floor Area Ratio (FAR) of 44.2 percent, all of which comply with the General Plan, the proposed BC land use designation, the Renaissance Specific Plan, and the City’s Design Guidelines. Additionally, a combined thirty-five (35) foot wide landscaped setback and landscape easement will be provided along the entire frontages of Renaissance Parkway and Locust Avenue. Landscaping will be abundantly incorporated into the Site, as the landscape coverage for the project is 19.3 percent, which exceeds the minimum required amount of 10.0 percent.
Any potential adverse effects upon the surrounding properties will be minimized to every extent practical and any remaining adverse effects shall be outweighed by the benefits conferred upon the community or neighborhood as a whole.
This finding is supported by the following facts:
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 imposed by the Planning Commission on the Precise Plan of Design, such as extensive landscaping, solid screen walls, decorative paving, and enhanced architectural features. The development of a high-quality industrial development will provide additional employment opportunities for residents and visitors to the City. The Project will also serve to develop a piece of land, which has remained undeveloped. The Project is consistent with the proposed BC land use designation and the surrounding land uses. The nearby area is predominantly designated for and developed with industrial uses, and as a result, there are no sensitive land uses near the project site. The project is not expected to negatively impact any uses with the successful implementation of measures such as landscape buffering, the installation of solid screen walls, and aesthetic building enhancements. Therefore, any potential adverse effects are outweighed by the benefits conferred upon the community and neighborhood as a whole.
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 CDP No. 2021-0048, in conjunction within SPA No. 2021-0002 and PPD No. 2021-0063, to allow the development of a 116,060 square foot industrial warehouse building on approximately 6.02 acres of land (APN’s: 0240-211-21, -23, -29 & -31) located at the northeast corner of Renaissance Parkway and Laurel Avenue, in accordance with the application on file with the Planning Division, subject to the following conditions:
The approval is granted allowing the development and operation of a 116,060 square foot industrial warehouse building on approximately 6.02 acres of land (APN’s: 0240-211-25 & -26) located at the northwest corner of Renaissance Parkway and Locust Avenue, as shown on the plans attached as Exhibit B and as approved by the City Council. 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 be 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 CDP No. 2021-0048.
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 Project is approved for storage warehouse/distribution center uses only, which means the building shall be primarily used for the storage of goods and used for the sale or distribution of those goods to their direct customers or retailers. Storage warehouse/distribution center uses do not include uses that combine small freight shipments from many shippers to form a truckload, commonly referred to as Less Than Truckload Shipping (LTL), uses that receive, handle, sort, and/or deliver parcels and mail from numerous customers, commonly referred to as Parcel Delivery Terminals, or uses that receive, process, and fulfill numerous customer orders associated with electronic commerce (“e-commerce” retailers), commonly referred to as Fulfillment Centers.
The tenant(s) within the building shall always conduct operations consistent with the environmental analysis contained within Environmental Assessment Review No. 2021-0059.
The property owner and building tenant(s) shall always abide by all operational mitigation measures contained within the Mitigation Monitoring and Reporting Program associated with Environmental Assessment Review No. 2021-0059.
The Project shall be limited to a maximum of 311 actual passenger car trips and 170 actual truck trips daily, in accordance with Table 4-2 (Project Trip Generation Summary) of the Traffic Analysis prepared for the Project by Urban Crossroads, Inc. and dated June 7, 2022.
The applicant, landlord, and/or tenant(s) shall require all inbound truck traffic to access the site via the SR-210 Freeway/Alder Avenue off-ramps, north to Casmalia Street, east to Locust Avenue, south to Renaissance Parkway, and west to the project driveways connected to Renaissance Parkway. Inbound truck traffic shall not use Renaissance Parkway or Casmalia Street east of Locust Avenue to avoid passing by the Renaissance Marketplace and nearby residential areas.
The applicant, landlord, and/or tenant(s) shall require all outbound truck traffic to exit the site via the driveways connected to Renaissance Parkway then proceed westbound to Alder Avenue and then northbound to the SR-210 Freeway/Alder Avenue on-ramps. Outbound truck traffic shall not use the driveway connected to Locust Avenue.
The applicant, landlord, and/or tenant(s) shall ensure that all inbound truck traffic that requires temporary queuing or staging do so on-site within either the drive-aisles entering the truck court or within the drive-aisle that wraps around the building. Inbound truck traffic shall not queue or stage on any public street at any time. Activities on-site shall not operate in such a manner that would impact traffic lanes, cause back up (queuing or staging) of vehicles into the public-right-of-way, or create any unsafe conditions. Fire and Police access and passage around trucks queuing or staging on-site shall be feasible at all times and activities shall not block parking areas, access or passage for disabled persons or emergency response vehicles.
The applicant, landlord, and/or tenant(s) shall only park or store truck and trailers within designated truck/trailer parking spaces adjacent to the dock doors. No truck or trailers shall be parked or stored within any drive-aisles or passenger vehicle parking areas at any time.
The landlord and/or tenant(s) shall not store any product, goods, materials, etc. outside of the building at any time, except for trucks, trailers, and vehicles associated with the operation(s) conducted within the building, without prior approval of a separate Conditional Development Permit in accordance with Chapter 18.104 (Outdoor Storage Uses) of the Rialto Municipal Code.
The privileges granted by the Planning Commission pursuant to approval of this Conditional Development Permit are valid for one (1) year from the effective date of 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 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 approval, the privileges granted hereunder will continue inured to the property as long 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.
Approval of CDP No. 2021-0048 will not become effective until the applicant has signed a statement acknowledging awareness and acceptance of the required conditions of approval contained herein.
In the event, that any operation on the Site is found to be objectionable or incompatible with the character of the City and its environs due to excessive noise, excessive traffic, loitering, criminal activity or other undesirable characteristics including, but not strictly limited to, uses which are or have become offensive to neighboring property or the goals and objectives of the proposed Business Center (BC) land use district of the Renaissance Specific Plan and the City’s General Plan, the applicant shall address the issues within forty-eight (48) hours of being notified by the City.
If the applicant fails to comply with any of the conditions of approval placed upon CDP No. 2021-0048, SPA No. 2021-0002, or PPD No. 2021-0063, the Planning Commission may initiate proceedings to revoke the conditional development permit in accordance with the provisions of Sections 18.66.070 through 18.66.090, inclusive, of the Rialto Municipal Code. Conditional Development Permit No. 2021-0048 may be revoked, suspended or modified in accordance with Section 18.66.070 of the Zoning Ordinance at the discretion of the Planning Commission if:
a) 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; Any of the express conditions or terms of such permit are violated; 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 due to excessive noise, excessive traffic, loitering, criminal activity or other undesirable characteristics including, but not strictly limited to uses which are or have become offensive to neighboring property or the goals and objectives of the Business Center (BC) land use district of the Renaissance Specific Plan, and the City’s General Plan.
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”
Exhibit “B”
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