RESOLUTION NO. XXXX
A RESOLUTION OF THE City council OF THE CITY OF RIALTO, CALIFORNIA DENYING SPECIFIC PLAN AMENDMENT NO. 2021-0002, conditional development permit no. 2021-0048, and precise plan of design no. 2021-0063.
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, 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, 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 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 12, 2022, the City Council scheduled a public hearing for SPA No. 2021-0002, CDP No. 2021-0048, and PPD No. 2021-0063 for July 26, 2022; and WHEREAS, on July 26, 2022, the City Council conducted a duly noticed public hearing, as required by law, on PPD No. 2021-0063, SPA No. 2021-0002, and CDP No. 2021-0048, took testimony, at which time it received input from staff, the city attorney, and the applicant; heard public testimony, discussed PPD No. 2021-0063, SPA No. 2021-0002, and CDP No. 2021-0048; 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 does not satisfy 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. As documented below, the Project does not satisfy findings number 3 and 5. The findings are as follows:
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 cannot be supported because of the following facts:
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 unnecessary increase in pollution in the immediate area through construction, operational, and mobile 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 change the land use designation of the Site to facilitate an additional industrial warehouse use.
That the proposed Specific Plan Amendment respects the environmental and aesthetic assets of the community consistent with economic realities; and This finding cannot be supported because of the following facts:
The Project will generate harmful pollution through construction, operational, and mobile 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 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.
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.
SECTION 3. 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, project plans, other documents, and the conditions of approval stated herein, the City Council hereby determines that CDP No. 2021-0048 does not satisfy 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. As documented below, the Project does not satisfy findings A, B, and F. The findings are as follows:
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.
This finding is not satisfied due to the following:
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 unnecessary increase in pollution in the immediate area through construction, operational, and mobile 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 industrial warehouse use.
The proposed use will not be detrimental or injurious to health, safety, or general welfare of persons residing or working in the vicinity.
This finding is not satisfied due to the following:
The Project will generate harmful pollution through construction, operational, and mobile 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 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.
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 not satisfied due to the following:
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 benefits posed by the implementation of the Project.
SECTION 4. Based on substantial evidence presented to the City Council during the public hearing conducted with regard to PPD No. 2021-0063, including written staff reports, verbal testimony, site plans, other documents, and the conditions of approval stated herein, the City Council hereby determines that PPD No. 2021-0063 does not satisfy the requirements of Section 18.65.020E of the Rialto Municipal Code pertaining to the findings which must be made precedent to granting a Precise Plan of Design. As documented below, the Project does not satisfy finding number 3. The findings are as follows:
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 general public.
This finding is not satisfied, due to the following:
The Project will generate harmful pollution through construction, operational, and mobile 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 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.
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.
SECTION 5. The City Council hereby denies SPA No. 2021-0002, CDP No. 2021-0048, and PPD No. 2021-0063 on the grounds that the Project will be a detriment to the air quality and the level of service of traffic in the immediate area, that the area is already well-served by 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 Section 18.78.060I of the Rialto Municipal Code, Section 18.66.020 of the Rialto Municipal Code, and Section 18.65.020E of the Rialto Municipal Code.
SECTION 6. 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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