RESOLUTION NO. ______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RIALTO, CALIFORNIA, APPROVING GENERAL PLAN AMENDMENT NO. 2022-0003 TO CHANGE THE GENERAL PLAN LAND USE DESIGNATION OF APPROXIMATELY 101.7 ACRES OF LAND (Apns: 0264-191-02, -04, -13, & -14 and 0264-201-08, -25, -27, -28, -29, -30, & -31) GENERALLy LOCATED east of eucalyptus avenue, south of the sr-210 freeway, west of meridian avenue, and north of walnut avenue frOM a mix of residential 6 and business park to specific plan with a specific plan overlay.
WHEREAS, approximately 101.7 acres of land (APN’s: 0264-191-02, -04, -13, & -14 and 0264-201-08, -25, -27, -28, -29, -30, & -31) generally located east of Eucalyptus Avenue, south of the SR-210 Freeway, west of Meridian Avenue, and north of Walnut Avenue (“Site”) is currently designated by the Land Use Element of the General Plan as a mix of Residential 6 and Business Park; and WHEREAS, on December 12, 2017, the City Council adopted Resolution Nos. 7258 and 7259 approving the Pepper Avenue Specific Plan and an Environmental Impact Report (Environmental Assessment Review No. 2017-0072) for the Site; and WHEREAS, Government Code Section 65454 requires a Specific Plan to be consistent with the General Plan; and WHEREAS, the Pepper Avenue Specific Plan is not consistent with the Site’s underlying Residential 6 and Business Park general plan land use designations; and WHEREAS, in accordance with Government Code Sections 65350-65362, the City of Rialto initiated General Plan Amendment No. 2022-0003 (“GPA No. 2022-0003”) to change the general plan land use designation of the entire Site to Specific Plan with a Specific Plan Overlay to be consistent with the Commercial, Open Space, Public Facilities, and Residential Overlay Land Uses within the Pepper Avenue Specific Plan; and WHEREAS, GPA No. 2022-0003 will create consistency between the General Plan and the Pepper Avenue Specific Plan as required by Government Code Section 65454; 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 September 28, 2022, the Planning Commission of the City of Rialto conducted a duly noticed public hearing, as required by law, on GPA No. 2022-0003, took testimony, at which time it received input from staff and the city attorney; heard public testimony; discussed GPA No. 2022-0003; and closed the public hearing directed staff to bring the item back to the next Planning Commission meeting for further discussion; and WHEREAS, on October 26, 2022, the Planning Commission of the City of Rialto; had a further discussion on GPA No. 2022-0003; and WHEREAS, on October 26, 2022, the Planning Commission voted 4-0 (1 recusal & vacancies) to recommend approval of GPA No. 2022-0003 to the City Council; and WHEREAS, on December 13, 2022, the City Council conducted a duly noticed public hearing, as required by law, on GPA No. 2022-0003 and ZC No. 2022-0001, took testimony, at which time it received input from staff and the city attorney; heard public testimony, discussed GPA No. 2022-0003 and ZC No. 2022-0001; 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 GPA No. 2022-0003, including written staff reports, verbal testimony, project plans, and other documents, the City Council hereby determines that GPA No. 2022-0003 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:
GPA No. 2022-0003 is necessary to change the Land Use Map and text of the General Plan to facilitate consistency between the Pepper Avenue Specific Plan and the General Plan. Additionally, GPA No. 2022-0003 will “activate” the Pepper Avenue Specific Plan, which will facilitate the orderly development of the Site to its highest and best use.
The primary objective of the Pepper Avenue Specific Plan and the associated General Plan Amendment is to create an eastern gateway into the City of Rialto that offers new retail opportunities and promotes the identity of the Pepper Avenue neighborhood. GPA No. 2022-0003 will not be detrimental to the public safety, health and general welfare and is compatible with the overall goals and objectives of the Pepper Avenue Specific Plan and the 2010 General Plan.
SECTION 3. The City Council of the City of Rialto Certified an Environmental Impact Report for the Pepper Avenue Specific Plan (SCH #2016021047) on December 12, 2017 (Resolution No. 7258). The Specific Plan and the associated General Plan Amendment were thoroughly analyzed in the Environmental Impact Report for the Pepper Avenue Specific Plan and there are no changes or impacts not previously analyzed. No further environmental review is required for GPA No. 2022-0003 pursuant to the California Environmental Quality Act (CEQA).
SECTION 4. The City Council hereby approves GPA No. 2022-0003 to change the general plan land use designation of the entire Site to Specific Plan with a Specific Plan Overlay, and to update the text, tables, charts, and maps within the General Plan to reflect the new general plan land use designation of the Site.
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 13th day of December, 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
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