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ORDINANCE NO. ______
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
RIALTO, CALIFORNIA , APPROV ING ZONE CHANGE NO.
2022-0001 TO CHANGE THE ZONING 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 SINGLE -FAMILY RESIDENTIAL (R -1A) AND
COMMERCIAL MANUFACTURING (C -M) TO PEPPER
AVENUE SPECIFIC PLAN.
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 zoned a mix of Single-Family Residential (R-1A) and Commercial Manufacturing (C-M); and WHEREAS, on December 12, 2017, the City Council adopted Resolution Nos. 7258 and 7259 approving the Pe pper Avenue Specific Plan and an Environmental Impact Report (Environmental Assessment Review No. 2017-0072) for the Site; and WHEREAS, Section 18.78.070B of the Rialto Municipal Code requires that the zoning of the Site be brought into conformance with the specific plan land uses; and WHEREAS, the Site’s current R-1A and C-M zoning designations are not consistent with the Pepper Avenue Specific Plan; and
WHEREAS, in accordance with Section 18.06.030 and Section 18.78.070B of the Rialto Municipal Code, the City of Rialto initiated Zone Change No. 2022 -0001 (“ZC No. 2022-0001”) to change the zoning designation of the entire Site to Pepper Avenue 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, ZC No. 2022-0001 will bring the zoning of the Site into conformity with the Pepper Avenue Specific Plan, as required by Section 18.78.070B of the Rialto Municipal Code; and
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WHEREAS, pursuant to Section 18.06.030, the City Council is authorized to adopt a zone change within the City; and
WHEREAS, pursuant to Section 18.06.030(C) of the Rialto Municipal Code, the Planning Commission shall hold a publi c hearing for a proposed zone change 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 ZC No. 2022-0001, took testimony, at which time it received input from staff and the city attorney; heard public testimony; discussed ZC No. 2022-0001; 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 ZC No. 2022-0001;
WHEREAS, on October 26 , 202 2, the Planning Commission voted 4-0 (1 recusal & vacancies) to recommend approval of ZC No. 2022-0001 to the City Council; and WHEREAS, on December 13, 2022, the City Council conducted a duly noticed public hearing, as required by law, on ZC No. 2022-0001 and GPA No. 2022-0003, took testimony, at which time it received input from staff and the city attorney; heard public testimony, discussed ZC No. 2022-0001 and GPA No. 2022-0003; and closed the public hearing; and WHEREAS, all legal prerequisites to the adoption of this Ordinance have occurred.
NOW, THEREFORE, the City Council hereby finds, determines, and ordains as follows:
SECTION 1. The City Council hereby specifically finds that all of the facts set forth in the recitals above of this Ordinance 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 ZC No. 2022-0001, including written staff reports, verbal testimony, project plans, and other documents, the City Council hereby determines that ZC No. 2022-0001 satisfies the requirements of Section 18.06.030 of the Rialto Municipal Code pertaining to the findings which must be made precedent to adopting a zone change. The findings are as follows:
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1. That the proposed zone change is consistent with the General Plan of the City of Rialto; and
This finding is supported by the following facts:
In conjunction with the ZC No. 2022-0001, the City of Rialto initiated GPA No. 2022-0003 to change the land use designation of the Site from a mix of Residential 6 and Business Park to Specific Plan with a Specific Plan Overlay. The Specific Plan with a Specific Plan Overlay designation, combined with the Pepper Avenue Specific Plan zone, will activate the Pepper Avenue Specific Plan, as it was previously approved by City Council on December 12, 2017.
Additionally, ZC No. 2022 -0001 and the accompanying GPA No. 2022 -0003 will bring consistency and conformity between all plans and designations associated with the Pepper Avenue Specific Plan.
2. That the proposed zone change will not adversely affect the surrounding properties.
This finding is supported by the following facts:
ZC No. 2022-0001 is necessary to bring the zoning of the Site into conformity with the Pepper Avenue Specific Plan, which was previously approved for the Site by the City Council on December 12, 2017. Additionally, ZC No. 2022 -0001 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 Zone Change 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. ZC No. 2022-0001 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 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 ZC No. 2022-0001 to change the zoning designation of the Site from a mix of Single-Family Residential (R -1A) and Commercial Manufacturing (C-M) to Pepper Avenue Specific Plan.
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SECTION 5. The Mayor shall sign the passage and adoption of this Ordinance and thereupon the same shall take effect and be in force.
PASSED, APPROVED AND ADOPTED this 13th day of December, 2022.
_________________________________
DEBORAH ROBERTSON, MAYOR
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ATTEST:
__________________________________
BARBARA MCGEE, CITY CLERK
APPROVED AS TO FORM:
__________________________________
ERIC S. VAIL, CITY ATTORNEY
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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 Ordinance 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 Ordinance 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