RESOLUTION NO._____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RIALTO, CALIFORNIA, APPROVING A CONSTRUCTION FEE CREDIT AND REIMBURSEMENT AGREEMENT BY AND BETWEEN THE CITY OF RIALTO AND RIALTO APARTMENTS, LLC A CALIFORNIA LIMITED LIABILITY COMPANY WHEREAS, Frontier Enterprises, under its project specific business entity formed as Rialto Apartments, LLC, a California limited liability company, (hereinafter the “Developer”), submitted various planning and development applications to the City and proposes to construct a 204-unit apartment complex including a 3,210-square foot leasing office and clubhouse building, with a recreational pool and barbeque area for residential use on 8.02 acres of land (APNs: 0133-171-07, -08, -09, and -31) located at 534 E Foothill Boulevard, (the “Project”); and WHEREAS, on January 26, 2022, the Planning Commission adopted a Mitigated Negative Declaration (Environmental Assessment Review No. 2021-0045) for the Project, (the “Environmental Document”); and WHEREAS, on January 26, 2022, the Planning Commission approved Precise Plan of Design No. 2021-0045 for the Project subject to certain Conditions of Approval; and WHEREAS, the Conditions of Approval for the Project require Developer to construct certain public improvements (“Public Improvements”) including but not limited to (i) widening of Foothill Boulevard across the frontage and restriping across the frontage and east to Eucalyptus Avenue (“Road Widening Work”), (ii) the construction of a raised landscaped median from Acacia Avenue east to the easterly driveway of the Project (“Median Work”); and (iii) the design and installation of a traffic signal at the easterly driveway to the Property (“Traffic Signal Work”); and WHEREAS, the Road Widening Work and Median Work are identified in the City’s various Nexus Studies or have been deemed necessary as interim improvements and are therefore eligible for reimbursements or fee credits in accordance with the provisions of Rialto Municipal Code Section 3.33.100 (entitled “Fee Credits”); and WHEREAS, the Environmental Document identified the Developer’s fair share requirement for the Traffic Signal Work is 22.59% with the balance the responsibility of other parties; and WHEREAS, the Traffic Signal Work is located at a private commercial driveway and provides full access to the Project and to the existing commercial shopping center located on the south side of Foothill Boulevard extending east of Acacia Avenue that includes a State Bros. grocery store and other retailers, (the “Existing Shopping Center”); and WHEREAS, the City previously approved entitlements and permits for the Existing Shopping Center that was constructed approximately in 1992, and at that time the Existing Shopping Center was not required to contribute to the cost of a future traffic signal at the easterly driveway and location of the Traffic Signal Work; and WHEREAS, the Conditions of Approval for the Project allow for the Developer to seek reimbursement of the remainder share of 77.41% of the Traffic Signal Work pursuant to a Fee Credit/Reimbursement Agreement; and WHEREAS, the Conditions of Approval for the Project require Developer to pay prior to issuance of building permits the following fees: (1) a Regional Traffic Development Impact Fee in the amount of $499,392.00; and (2) a Street Median Development Impact Fee in the amount of $7,172.64; collectively the “Fair Share Fees”; and WHEREAS, Section 3.33.110 of the Rialto Municipal Code (entitled “Construction and Credit Agreements”) permits the City Manager to negotiate and enter into Construction and Credit Agreements with Developers, subject to the approval of the City Council; and WHEREAS, Section 3.33.100 of the Rialto Municipal Code also provides that a Developer is not entitled to reimbursement for any excess in the costs to construct the public facility over the amount of the developer's obligation to pay the development impact fee for the type of public facility constructed, unless a separate reimbursement agreement is approved by the City Council; and.
WHEREAS, the Developer and the City have negotiated the terms of a Construction Fee Credit and Reimbursement Agreement related to the construction of the Public Improvements and payment of the Fair Share Fees, a copy of which is attached hereto as Exhibit A and incorporated herein by reference; and WHEREAS, the construction of the Public Improvements and the payment of the Fair Share Fees were reviewed and considered as part of the environmental review for the Project; and WHEREAS, approval of the Construction Fee Credit and Reimbursement Agreement is an administrative or fiscal action by the legislative body that will not result in any additional direct or indirect physical change in the environment than what was already analyzed (Section 15378(b) of the CEQA Guidelines), consequently no further environmental review is warranted.
NOW, THEREFORE, the City Council of the City of Rialto hereby resolves as follows:
Section 1. The foregoing recitals are determined to be true and correct.
Section 2. The City Council hereby finds and determines, based on substantial evidence in the record that Developer is entitled to receive credits from the City towards the Regional Traffic Development Impact Fee and Street Median Development Impact Fee for the cost to construct the Road Widening Work and Median Work.
Section 3. The City Council hereby finds and determines, based on substantial evidence in the record that the Developer is entitled to receive a reimbursement from the City of the remainder share of 77.41% of the total cost of the Traffic Signal Work.
Section 4. The City Council hereby finds and determines, based upon substantial evidence in the record, the analysis and environmental review completed, and the approved Mitigated Negative Declaration (Environmental Assessment Review No. 2021-0045) for the Project, that there will be no additional significant or adverse impact on the environment resulting from entering into the Construction Fee Credit and Reimbursement Agreement.
Section 5. The City Council hereby approves the Construction Fee Credit and Reimbursement Agreement by and between Developer substantively in form and content to that attached hereto in Exhibit A along with any non-substantive changes as may be mutually agreed upon by the City Manager (or his duly authorized representative), City Attorney, and Developer. The final Construction Fee Credit and Reimbursement Agreement, when duly executed and attested, shall be filed in the office of the City Clerk.
Section 6. The City Manager (or his duly authorized representative) is authorized to execute and implement the Construction Fee Credit and Reimbursement Agreement, take all further actions, and execute all documents referenced therein and/or necessary and appropriate, including causing the issuance of warrants.
Section 7. The City Clerk shall certify to the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this __th day of ______, 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 Council Member ____________, seconded by Council Member ____________, 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”
CONSTRUCTION CREDIT AND REIMBURSEMENT AGREEMENT
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