RESOLUTION NO. XXXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RIALTO, CALIFORNIA, APPROVING SPECIFIC PLAN AMENDMENT NO. 2020-0001 TO CHANGE THE SPECIFIC PLAN ZONING DESIGNATION OF APPROXIMATELY 8.46 ACRES OF LAND (APN: 0132-181-01) LOCATED AT THE NORTHWEST CORNER OF VALLEY BOULEVARD AND WILLOW AVENUE from FREEWAY COMMERCIAL (F-C) WITHIN THE GATEWAY SPECIFIC PLAN to INDUSTRIAL PARK (I-P) Within the GATEWAY Specific plan.
WHEREAS, approximately 8.46 gross 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 within the boundary of the Gateway Specific Plan and is currently zoned Freeway Commercial (F-C); and WHEREAS, the applicant, QR Birtcher Willow Ave Owner, LLC, proposes to change the specific plan zoning designation of the Site from F-C to Industrial Park (I-P) within the Gateway Specific Plan (“Project”); and WHEREAS, in conjunction herewith, the applicant has submitted General Plan Amendment No. 2020-0001 to change the general plan land use designation of the Site from General Commercial (GC) with a Specific Plan Overlay to Business Park (BP) with a Specific Plan Overlay (“GPA 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 (“CDP No. 2020-0006”) and Precise Plan of Design No. 2020-0012 (“PPD No. 2020-0012”) to facilitate the development and operation of a 492,410 square foot industrial warehouse building on the Overall 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 Gateway Specific Plan, and the applicant has agreed to apply for Specific Plan Amendment No. 2020-0001 (“SPA No. 2020-0001”); 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 July 27, 2022, the Planning Commission of the City of Rialto conducted a duly noticed public hearing, as required by law, on SPA No. 2020-0001, GPA 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 the proposed SPA No. 2020-0001, GPA 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 SPA No. 2020-0001, GPA 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 conducted a duly noticed public hearing, as required by law, on SPA No. 2020-0001, GPA 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 SPA No. 2020-0001, GPA 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 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. 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 SPA No. 2020-0001 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 applicant proposes to change the specific plan zoning designation of the Site to Industrial Park (I-P) within the Gateway Specific Plan. In conjunction with the Project, the applicant proposes GPA No. 2020-0001 to change the general plan land use designation of the Site from General Commercial with a Specific Plan Overlay to Business Park with a Specific Plan Overlay. The proposed I-P zoning designation is consistent with the Business Park 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 zoning 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 from the Site.
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 F-C to I-P will lead to the development of an industrial building on land that has remained historically under-developed and without any commercial uses under the current commercial 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 492,410 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 existing warehouse developments to the east and west of the Site and other recent warehouse developments within the Gateway Specific Plan area.
The immediate area is predominantly designated for and developed with industrial uses, and as a result, there are no sensitive land uses adjacent to or across the street from 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 west on Valley Boulevard and north on Willow Avenue 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 Gateway Specific Plan area. To the north of the project site is a San Bernardino County Flood Control Channel and an approximately 0.63-acre stormwater basin, and to the east, across Willow Avenue, is Rialto Fire Station No. 205, an approximately 36,000 square foot industrial building, and approximately 3.39 acres of vacant land. To the south, across Valley Boulevard, are several multi-tenant industrial buildings and the Teamsters Local 63 union hall, and to the west are several industrial developments. The Site has remained historically under-developed and without any commercial uses with the Freeway Commercial (F-C) zoning designation. The likelihood that the Site will develop into a commercial use is remote given the industrial character on all sites of the Site. The most logical specific plan zoning designation to facilitate the development of the Site is an industrial zone, such as the Industrial Park (I-P) zoning designation. The I-P zoning 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 retained EcoTierra Consultants, an environmental consulting firm, to conduct a peer review of an Environmental Impact Report (Environmental Assessment Review No. 2020-0007) prepared by T&B Planning, Inc for the project. The Environmental Impact Report indicated that the Project will result in a significant an unavoidable impact to air quality, greenhouse gas emissions, and transportation/traffic. Mitigation measures within the Environmental Impact Report will reduce the adverse significant environmental effects of the Project to the greatest extent feasible. Through the adoption of the Environmental Impact Report and a Statement of Overriding Considerations, it is determined that the social, economic, and environmental benefits of the Project separately and individually outweigh the potential unavoidable adverse impacts of the Project and render those potential adverse environmental impacts acceptable based upon the following:
The Project provides development of a functional, well serviced, and attractive logistics center that is sensitive to its setting and that improves and maximizes economic viability within the City by the orderly transition of underutilized land into a productive industrial use; The Project attracts new employment-generating business to the City of Rialto thereby reducing the need for members of the local workforce to commute outside the area for employment; The Project creates short-term construction jobs that would generate increases in construction employee wages, as well as a multiplier effect of those wages that will create secondary jobs to support Project-related construction activities and the needs of construction workers. The addition of new jobs to the City of Rialto will create direct and indirect economic benefits, such as increased tax income to the City and spending on goods and services; The Project will help to strengthen and diversify the City’s economy by adding a building that is in strong demand by logistics companies in the regional, State, and international marketplace; The Project provides adequate and upgraded infrastructure, roadway improvements, utility improvements, and contributions to public services; Implementation of the Project will result in payment of Development Impact Fees, City permitting fees, and increased property taxes, that would benefit the City of Rialto by increasing available funding for needed public services and infrastructure; and The Project will redevelop a former industrial property, thereby eliminating the potential environmental threat from soil contamination that could occur if the property is not reused and which may cause a hazard to the environment.
Additionally, the Development, enabled by the Project, will meet or exceed all aesthetic design guidelines required by the Gateway 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 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 SPA No. 2020-0001 to change the specific plan zoning designation of the Site from Freeway Commercial (F-C) within the Gateway Specific Plan to Industrial Park (I-P) within the Gateway Specific Plan, in accordance with the applications on file with the Planning Division, subject to the following conditions:
SPA No. 2020-0001 is approved changing the specific plan zoning designation of approximately 8.46 acres of land (APNs: 0132-181-01) located at the northwest corner of Valley Boulevard and Willow Avenue, as described in the legal description attached as Exhibit A, from Freeway Commercial (F-C) within the Gateway Specific Plan to Industrial Park (I-P) within the Gateway Specific Plan.
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 SPA 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.
Approval of SPA No. 2020-0001 will not be valid until such time that the City Council of the City of Rialto has approved General Plan Amendment No. 2020-0001, which was prepared in conjunction with the Project.
The applicant shall comply with all conditions of approval contained in GPA 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”
-10-
1234567891011121314151617181920212223242526272812345678910111213141516171819202122232425262728 1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28