RESOLUTION NO. XXXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RIALTO, CALIFORNIA, APPROVING GENERAL PLAN AMENDMENT NO. 2020-0001 TO CHANGE THE GENERAL PLAN LAND USE DESIGNATION OF APPROXIMATELY 8.46 ACRES OF LAND (Apn: 0132-181-01) LOCATED AT THE NORTHWEST CORNER oF VALLEY BOULEVARD AND WILLOW FROM General commercial (GC) with a specific plan overlay to business park (BP) with a specific plan overlay.
WHEREAS, approximately 8.46 acres of land (APN: 0132-181-01) located at the northwest corner of Valley Boulevard and Willow Avenue, described in the legal description attached as Exhibit A (“Site”), is currently designated by the Land Use Element of the General Plan as General Commercial (GC) with a Specific Plan Overlay; and WHEREAS, the applicant, QR Birtcher Willow Ave Owner, LLC, proposes to change the general plan land use designation of the Site to Business Park (BP) with a Specific Plan Overlay (“Project”); and WHEREAS, in conjunction herewith, the applicant has submitted Specific Plan Amendment No. 2020-0001 to change the specific plan zoning designation of the Site from a Freeway Commercial (F-C) within the Gateway Specific Plan to Industrial Park (I-P) within the Gateway Specific Plan (“SPA No. 2020-0001”); and WHEREAS, in conjunction herewith, the applicant proposes to merge the Site and three (3) parcels of land (APNs: 0132-201-03, 0254-261-14, & 0254-261-17) immediately adjacent to the north of the Site (“Overall Site”) into one (1) 20.99 net acre parcel of land and then develop and operate a 49-foot tall 492,410 square foot industrial warehouse building on the Overall Site; and WHEREAS, in conjunction herewith, the applicant has submitted Lot Line Adjustment No. 2021-0002 to merge the parcels of land within the Overall Site into one (1) 20.99 net acre parcel of land (“LLA No. 2021-0002”); and WHEREAS, in conjunction herewith, the applicant has submitted Variance No. 2020-0001 to allow an increase in the maximum allowable height for the proposed warehouse building from 35 feet to 49 feet (“VAR No. 2020-0001”); and WHEREAS, in conjunction herewith, the applicant has submitted Conditional Development Permit No. 2020-0006 to facilitate the development and operation of a 492,410 square foot industrial warehouse building on the Overall Site (“CDP No. 2020-0006”); and WHEREAS, in conjunction herewith, the applicant has submitted Precise Plan of Design No. 2020-0012 to facilitate the development of a 492,410 square foot industrial warehouse building on the Overall Site (“PPD No. 2020-0012”); and WHEREAS, pursuant to Government Code Sections 65350-65362, the Project requires the approval of an amendment to the General Plan, and the applicant has agreed to apply for General Plan Amendment No. 2019-0007 (“GPA No. 2019-0007”); and WHEREAS, pursuant to Government Code Sections 65350-65362, the City Council is authorized to amend the General Plan within the City; and WHEREAS, pursuant to Government Code Sections 65350-65362, the Planning Commission shall hold a public hearing for a proposed amendment to the General Plan and forward a recommendation to the City Council for action; and WHEREAS, on July 27, 2022, the Planning Commission of the City of Rialto conducted a duly noticed public hearing, as required by law, on GPA No. 2020-0001, SPA No. 2020-0001, VAR No. 2020-0001, CDP No. 2020-0006, and PPD No. 2020-0012, took testimony, at which time it received input from staff, the city attorney, and the applicant; heard public testimony; discussed GPA No. 2020-0001, SPA No. 2020-0001, VAR No. 2020-0001, CDP No. 2020-0006, and PPD No. 2020-0012; and closed the public hearing; and WHEREAS, on July 27, 2022, the Planning Commission voted 6-0 (1 vacancy) to recommend denial of GPA No. 2020-0001, SPA No. 2020-0001, VAR No. 2020-0001, CDP No. 2020-0006, and PPD No. 2020-0012 to the City Council; and WHEREAS, on November 15, 2022, the City Council of the City of Rialto conducted a duly noticed public hearing, as required by law, on GPA No. 2020-0001, SPA No. 2020-0001, VAR No. 2020-0001, CDP No. 2020-0006, and PPD No. 2020-0012, took testimony, at which time it received input from staff, the city attorney, and the applicant; heard public testimony; discussed GPA No. 2020-0001, SPA No. 2020-0001, VAR No. 2020-0001, CDP No. 2020-0006, and PPD No. 2020-0012; 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:
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 GPA No. 2020-0001, including written staff reports, verbal testimony, project plans, other documents, and the conditions of approval stated herein, the City Council hereby determines that GPA No. 2020-0001 satisfies the requirements of Government Code Sections 65358 pertaining to the findings which must be made precedent to amending a General Plan. The findings are as follows:
That the proposed General Plan Amendment is in the public interest.
This finding is supported by the following facts:
The Site is surrounded on all sides by existing industrial developments and uses. The Overall Site is currently partially developed and occupied by tenants that utilize the Overall Site for the storage of trucks, trailers, construction materials, etc. The Project will change the general plan land use designation of the Site to Business Park (BP) with a Specific Plan Overlay, which is the same designation as the properties to the north and south, as well as some properties to the east and west of the Overall Site, and which is consistent with the existing uses on the Overall Site.
The Project will facilitate the development of Class-A industrial warehouse building in keeping with the character of the surrounding area. The new warehouse building will generate approximately 350 to 450 jobs, and any member of the public seeking employment will be provided additional employment opportunities. Furthermore, the development of a new industrial warehouse building on the Overall Site will contribute to an increase in revenues collected in form of permit fees, development impact fees, sales tax, and property tax. In addition, the Overall Site is under-developed and in a blighted condition with no landscaping, no screening, and little to no paving, and the general plan amendment will facilitate a development that will greatly enhance the aesthetics of the Overall Site and bring much needed infrastructure to the Overall Site and its street frontages.
SECTION 3. An Environmental Impact Report (Environmental Assessment Review No. 2020-0007) has been prepared for the proposed Project in accordance with the California Environmental Quality Act (CEQA) and it has been determined that the Project will create unavoidable significant impacts to air quality, greenhouse gas emissions, and transportation/traffic. On November 15, 2022, the City Council adopted the Final Environmental Impact Report prepared for the Project.
SECTION 4. The City Council hereby approves GPA No. 2020-0001 to change the land use designation of the Site from General Commercial (GC) with a Specific Plan Overlay to Business Park (BP) with a Specific Plan Overlay, in accordance with the applications on file with the Planning Division, subject to the following conditions:
GPA No. 2020-0001 is approved changing the general plan land use designation of approximately 8.46 acres of land (APN: 0132-181-01) located at the northwest corner of Valley Boulevard and Willow Avenue, and described in the legal description attached as Exhibit A, from General Commercial (GC) with a Specific Plan Overlay to Business Park (BP) with a Specific Plan Overlay.
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 GPA No. 2020-0001.
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 SPA No. 2020-0001, VAR No. 2020-0001, CDP No. 2020-0006, and PPD No. 2020-0012, to the extent they are not in conflict with any condition of approval herein.
SECTION 5. The Mayor shall sign as to the passage and adoption of this resolution and thereupon the same shall take effect and be in force.
PASSED, APPROVED AND ADOPTED this 15th day of November, 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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