1 RESOLUTION NO. 2022-69
2 A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF RIALTO, CALIFORNIA APPROVING CONDITIONAL
3 DEVELOPMENT PERMIT NO. 2021-0047 ALLOWING THE
4 ESTABLISHMENT OF A 62,248 SQUARE FOOT INDUSTRIAL
WAREHOUSE BUILDING INCLUSIVE OF 5,964 SQUARE FEET
5 OF OFFICE AREA AND ASSOCIATED IMPROVEMENTS ON
2.84 ACRES OF VACANT LAND (APN: 1133-081-01 & 1133-081- 6 02) LOCATED AT THE SOUTHWEST CORNER OF LOCUST
7 AVENUE AND STONEHURST DRIVE WITHIN GENERAL
MANUFACTURING (I-GM) LAND USE DISTRICT OF THE
8 RIALTO AIRPORT SPECIPIC PLAN.
WHEREAS, the applicant, Camfield Partners LLC, proposes to establish a 62,248 square foot 10 industrial commerce building with associated paving, landscaping, fencing, lighting, and drainage 11 improvements ("Project") on 2.84 gross acres of land (APN: 1133-081-01 & 1133-081-02) located at 12 the southwest corner of Locust Avenue and Stonehurst Drive within the General Manufacturing (I- 13 GM) land use district of the Rialto Airport Specific Plan ("Site"); and 14 WHEREAS, the Project will consist of 3,048 square feet of office space on the ground 15 floor, 2,916 square feet of office space on the second floor, and 55,441 square feet of warehouse 16 space, six (6) dock-high loading doors, which will be located on the south side of the building, 17 concrete screen walls, an abundant amount of landscaping, and full pedestrian and vehicle access; 18 and
19 WHEREAS, Pursuant to Section 18.112.040A of the Rialto Municipal Code, the Project 20 requires a Conditional Development Permit, and the applicant has agreed to apply for Conditional 21 Development Permit No. 2021-0047 ("CDP No. 2021-0047"); and 22 WHEREAS, in conjunction with the Project, the applicant has applied for Precise Plan of 23 Design No. 2021-0061 ("PPD No. 2021-0061") to facilitate the development of a 62,248 square 24 foot industrial commerce building and associated paving, landscaping, fencing, lighting, and 25 drainage improvements on the Site; and
26 WHEREAS, on November 9, 2022, the Planning Commission of the City of Rialto 27 conducted a duly noticed public hearing, as required by law, on CDP 2021-0047 and PPD No. 28 2021-0061, took testimony, at which time it received input from staff, the city attorney, and the -1-
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1 applicant; heard public testimony; discussed the proposed CDP 2021-0047 and PPD No. 2021- 2 0061; and closed the public hearing; and
3 WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred. 4 NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Rialto as 5 follows:
6 SECTION 1. The Planning Commission hereby specifically finds that all of the facts set forth in the recitals above of this Resolution are true and correct and incorporated herein. 8 SECTION 2. Based on substantial evidence presented to the Planning Commission during 9 the public hearing conducted with regard to CDP No. 2021-0047, including written staff reports, 10 verbal testimony, site plans, other documents, and the conditions of approval stated herein, the 11 Planning Commission hereby determines that CDP No. 2021-0047 satisfies the requirements of 12 Section 18.66.020 of the Rialto Municipal Code pertaining to the findings which must be made 13 precedent to granting a conditional development permit, which findings are as follows:
14 The proposed use is deemed essential or desirable to provide a service or facility which will contribute to the convenience or general well-being of the neighborhood 15 or community; and
16 This finding is supported by the following facts:
17 The Site is comprised of two (2) parcels of vacant land approximately 2.84 acres in size. 18 The Project will develop the Site with the highest and best use, in accordance with the 19 General Manufacturing (I-GM) land use district of the Rialto Airport Specific Plan and will result in the installation of missing street improvement for both project frontages along 20 Locust Avenue and Stonehurst Drive. Additionally, the Project will provide employment 21 opportunities within the City and reduce blight by implementing a use on a vacant site. 22 The proposed use will not be detrimental or injurious to health, safety, or general welfare of persons residing or working in the vicinity; and 23 24 This finding is supported by the following facts:
25 The development of an industrial commerce building on the Site is consistent with the General Manufacturing (I-GM) land use designation of the Rialto Airport Specific Plan, 26 which conditionally permits the development and operation of industrial commerce 27 buildings. To the north of the project site, across Stonehurst Drive, is an approximately 20,200 square foot industrial commerce building occupied by United Rentals, and to the 28 east, across Locust Avenue, is an approximately 608,000 square foot industrial commerce building occupied by Hillman and KW International. To the south is Pyramid Precast -2-
1 Company Inc. operates precast manufacturing with a storage yard on approximately 4.59 acres of land, and to the west is a 4,200 square foot industrial building and 1,200 square 2 foot office building. The project is not expected to negatively impact any surrounding uses 3 with the successful implementation of measures such as landscape buffering, , the installation of solid screen walls, and aesthetic building enhancements. 4 The site for the proposed use is adequate in size, shape, topography, accessibility and 5 other physical characteristics to accommodate the proposed use in a manner 6 compatible with existing land uses; and
This finding is supported by the following facts:
8 The Site is 2.84 acres in size and adjacent to two (2) public streets, which will be able to 9 accommodate the proposed use. The Project will have one (1) point of access via Locust Avenue that will provide full access for trucks and passenger vehicles. In addition, the project 10 has adequate space for on-site stacking, truck maneuvering, and will have 63 passenger 11 vehicle parking spaces, which exceeds the amount required by Chapter 18.58 (Off-Street Parking) of the Rialto Municipal Code.
12 4. The site has adequate access to those utilities and other services required for the 13 proposed use; and
14 This finding is supported by the following facts:
15 The Site is currently vacant but has adequate access to all utilities and will be required to 16 connect through main water, electric, sewer, and other utility lines hook up for the Site. 17 The proposed use will be arranged, designed, constructed, and maintained so as it will 18 not be injurious to property or improvements in the vicinity or otherwise be inharmonious with the General Plan and its objectives, the Rialto Airport Specific 19 Plan, or any zoning ordinances, and
20 This finding is supported by the following facts:
21 As previously stated, the proposed use is consistent with the General Manufacturing (I-GM) 22 land use designation of the Rialto Airport Specific Plan. The building will be oriented such 23 that none of the dock doors will front or face the public right-of-way, the building will have 63 passenger vehicle parking spaces, and the building will have a floor area ratio (FAR) of 24 47.2 percent, all of which comply with the General Plan, the I-GM land use district of the 25 Rialto Airport Specific Plan, Chapter 18.112 (Indoor Storage Facilities) of the Rialto Municipal Code, and the City's Design Guidelines. Landscaping will be abundantly 26 incorporated into the Site, as the landscape coverage for the project is 27.6 percent, which exceeds the minimum required amount of 10.0 percent.
27 28
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1 6. Any potential adverse effects upon the surrounding properties will be minimized to every extent practical and any remaining adverse effects shall be outweighed by the 2 benefits conferred upon the community or neighborhood as a whole. 3 This finding is supported by the following facts:
4 The Project's effects will be minimized through the implementation of the Conditions of 5 Approval contained herein, and through the implementation of Conditions of Approval 6 imposed by the Planning Commission on the Precise Plan of Design, such as extensive landscaping, solid screen walls, decorative paving, and enhanced architectural features. 7 The development of a high-quality industrial development will provide additional employment opportunities for residents and visitors to the City. The Project is consistent 8 with the General Manufacturing (I-GM) land use district of the Rialto Airport Specific Plan and the surrounding industrial uses. The project is not expected to negatively impact any surrounding uses with the successful implementation of measures such as landscape 10 buffering, the installation of solid screen walls, and aesthetic building enhancements. 11 Therefore, any potential adverse effects are outweighed by the benefits conferred upon the community and neighborhood as a whole.
12 13 SECTION 3. The Project is categorically exempt from the requirements of the California 14 Environmental Quality Act (CEQA) pursuant to Section 15332, In-Fill Projects (Class 32). Class 32 15 allows for project such as this which are consistent with the applicable general plan designation, 16 zoning designation and regulations and involves development in an urban area with adequate access 17 to utilities on less than 5-acres of land that has no significant impact and no value as habitat for 18 endangered, rare or threatened species, thereby qualifying the project for a Class 32 exemption. 19 SECTION 4. CDP No. 2021-0047 is granted to Camfield Partners LLC., in accordance with 20 the plans and application on file with the Planning Division, subject to the following conditions:
21 1. The approval is granted allowing the development and operation of a 62,248 square foot 22 industrial commerce building and associated paving, landscaping, fencing, lighting, and drainage improvements on 2.48 gross acres of land (APN: 1133-081-01 & 1133-081-02) 23 located at the southwest corner of the Locust Avenue and Stonehurst Drive, as shown on 24 the plans attached as Exhibit A and as approved by the Planning Commission. If the Conditions of Approval specified herein are not satisfied or otherwise completed, the 25 project shall be subject to revocation.
26 2. City inspectors shall have access to the site to reasonably inspect the site during normal 27 working hours to assure compliance with these conditions and other codes. 28 3. 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 -4-
1 instrumentalities thereof (collectively, the "City Parties"), from any and all claims, demands, law suits, writs of mandamus, and other actions and proceedings (whether 2 legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative 3 dispute resolutions procedures (including, but not limited to arbitrations, mediations, and other such procedures), (collectively "Actions"), brought against the City, and/or 4 any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or 5 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 7 Project (collectively, the "Entitlements"), whether such Actions are brought under the California Environmental Quality Act, the Planning and Zoning Law, the Subdivision 8 Coronel Quadiy A
Map Act, Code of Civil Procedure Chapter 1085 or 1094.5, the California Public 9 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; 10 protect, defend, and hold the City harmless shall include, but not be limited to (i) 11 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 12 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) 13 are the "Damages"). Notwithstanding anything to the contrary contained herein, the 14 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 15 Parties' fraud, intentional misconduct or gross negligence in connection with issuing the Entitlements. The applicant shall execute an agreement to indemnify, protect, 16 defend, and hold the City harmless as stated herein within five (5) days of approval of 17 CDP No. 2021-0047.
18 4. 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 19 subject to protest by the applicant at the time of approval or conditional approval of the 20 Project or within 90 days after the date of the imposition of the fees, dedications, reservations, or exactions imposed on the Project.
21 22 5. The Project shall be limited to a maximum of 179 actual passenger car trips and 115 actual truck trips daily, in accordance with Attachment B - Project Trip Generation of the Traffic 23 Impact Analysis Scoping Agreement prepared for the Project by Integrated Engineering Group and dated February 9, 2022, which is attached hereto as Exhibit B 24 25 6. The applicant, landlord, operator(s) and/or tenants) shall ensure that all inbound truck traffic that requires temporary queuing or staging do so on-site. Inbound truck traffic shall 26 not queue or stage on any public street at any time. Activities on-site shall not operate in such a manner that would impact traffic lanes, cause back up (queuing or staging) of 27 vehicles into the public-right-of-way, or create any unsafe conditions. Fire and Police 28 access and passage around trucks queuing or staging on-site shall be feasible at all times -5-
1 and activities shall not block parking areas, access or passage for disabled persons or emergency response vehicles.
2 3 7. The applicant, landlord, and/or tenants) shall require all inbound and outbound truck traffic use only truck routes identified in the Rialto General Plan Truck Route exhibit, 4 which is attached hereto as Exhibit C.
5 8. The applicant, landlord, and/or tenants) shall post designated truck route signage in a 6 common area visible by truck drivers at all times. In addition to the posting of truck routes, management shall instruct all new drivers of designated truck routes. Management shall 7 keep a record available at all times of date of notification of each new driver. 8 9. The applicant, landlord, and/or tenant(s) shall post designated truck route signage in a 9 come are i not e a diversal col had tie to the by the tank rures,. 10 11 10. The applicant, landlord, operator(s) and/or tenant(s) shall only park or store trucks and trailers within designated truck and trailer parking spaces within the truck court. No trucks 12 or trailers shall be parked or stored within any public street or within any on-site drive- aisles or passenger vehicle parking areas at any time.
13 14 11. The landlord and/or tenants) shall not store any product, goods, materials, etc. outside of the building at any time, except for trucks, trailers, and vehicles associated with the 15 operation(s) conducted within the building, without prior approval of a separate 16 Conditional Development Permit in accordance with Chapter 18.104 (Outdoor Storage Uses) of the Rialto Municipal Code.
17 12. The privileges granted by the Planning Commission pursuant to approval of this 18 Conditional Development Permit are valid for one (1) year from the effective date of 19 approval. If the applicant fails to commence the project within one year of said effective date, this conditional development permit shall be null and void and any 20 privileges granted hereunder shall terminate automatically. If the applicant or his or 21 approval, the privileges granted hereunder will continue inured to the property as long 22 as the property is used for the purpose for which the conditional development permit was granted, and such use remains compatible with adjacent property uses. 23 13. Approval of CDP No. 2021-0047 will not become effective until the applicant has signed 24 a statement acknowledging awareness and acceptance of the required conditions of approval contained herein.
26 14. In the event, that any operation on the Site is found to be objectionable or incompatible with the character of the City and its environs due to excessive noise, excessive traffic, 27 loitering, criminal activity or other undesirable characteristics including, but not strictly 28 limited to, uses which are or have become offensive to neighboring property or the goals and objectives of the General Manufacturing (I-GM) land use district of the Rialto Airport -6-
1 Specific Plan and/or the City's General Plan, the applicant shall address the issues within forty-eight (48) hours of being notified by the City.
2 3 15. If the applicant fails to comply with any of the conditions of approval placed upon CDP No. 2021-0047 or PPD No. 2021-0061, the Planning Commission may initiate 4 proceedings to revoke the conditional development permit in accordance with the provisions of Sections 18.66.070 through 18.66.090, inclusive, of the Rialto Municipal 5 Code. Conditional Development Permit No. 2021-0047 may be revoked, suspended or 6 modified in accordance with Section 18.66.070 of the Zoning Ordinance at the discretion of the Planning Commission if:
7 a) The use for which such approval was granted has ceased to exist, been 8 subsequently modified, or has been suspended for six (6) months or more; b) Any of the express conditions or terms of such permit are violated; 10 11 The use for which such approval was granted becomes or is found to be objectionable or incompatible with the character of the City and its environs 12 due to excessive noise, excessive traffic, loitering, criminal activity or other undesirable characteristics including, but not strictly limited to uses which 13 are or have become offensive to neighboring property or the goals and 14 objectives of the General Manufacturing (I-GM) land use district of the Rialto Airport Specific Plan and/or the City's General Plan. 15 SECTION 5. The Chairman of the Planning Commission shall sign the passage and 17 adoption of this resolution and thereupon the same shall take effect and be in force. 18 PASSED, APPROVED AND ADOPTED this 9th day of November, 2022. 19 20
21 JERRY GUTIERREZ, CHAIR
22 CITY OF RIALTO PLANNING COMMISSION
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27 28
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1 STATE OF CALIFORNIA )
2 COUNTY OF SAN BERNARDINO ) SS
3 CITY OF RIALTO )
4 5 I, Kimberly Dame, Administrative Analyst of the City of Rialto, do hereby certify that the 6 foregoing Resolution No. 2022-69 was duly passed and adopted at a regular meeting of the Planning 7 Commission of the City of Rialto held on the 9th day of November 2022. 8 Upon motion of Commissioner Dale Estvander, second by Commissioner Artist Gilbert, 9 foregoing Resolution No. 2022-69 was duly passed and adopted. 10 11 Vote on the motion:
12 AYES: 4 (Gutierrez, Peukert, Estvander, Gilbert)
13 NOES: 0
14 ABSTENTION: 0
15 ABSENT: 1 (Gonzalez)
16 IN WITNESS WHEREOF, I have hereunto set my hand and the Official Seal of the City of 17 Rialto this 9"h day of November 2022.
18 19
20 21 Kimberly Dame
Administrative Analyst
22 23
24 25
26 27
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1 RESOLUTION NO. 2022-70
2 A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF RIALTO, CALIFORNIA APPROVING PRECISE PLAN
3 OF DESIGN NO. 2021-0061 ALLOWING THE DEVELOPMENT
4 BULLING INCLUSIVE OF S OF A 62,248 SQUARE FOOT INDUSTRIAL WAREHOUSE BUILDING INCLUSIVE OF 5,964 SQUARE FEET OF OFFICE
5 AREA WITH ASSOCIATED PAVING, LANDSCAPING, AND
LIGHTING ON 2.84 ACRES OF VACANT LAND (APN: 1133-
6 081-01 & 1133-081-02) LOCATED AT THE SOUTHWEST
7 CORNER OF LOCUST AVENUE AND STONEHURST DRIVE
WITHIN GENERAL MANUFACTURING (1-GM) LAND USE
8 DISTRICT OF THE RIALTO AIRPORT SPECIFIC PLAN.
9 WHEREAS, the applicant, Camfield Partners LLC, proposes to develop an existing industrial 10 site comprised of 2.84 gross acres of land (APN: 1133-081-01 & 1133-081-02) located at the 11 southwest corner of Locust Avenue and Stonehurst Drive within the General Manufacturing (I-GM) 12 land use district of the Rialto Airport Specific Plan ("Site") with a 62,248 square foot industrial 13 commerce building and associated paving, landscaping, fencing, lighting, and drainage improvements 14 ("Project"); and
15 WHEREAS, the Project will consist of 3,048 square feet of office space on the ground 16 floor, 2,916 square feet of office space on the second floor, and 55,441 square feet of warehouse 17 space, six (6) dock-high loading doors, which will be located on the south side of the building, 18 concrete screen walls, an abundant amount of landscaping, and full pedestrian and vehicle access; 19 and
20 WHEREAS, Pursuant to Chapter 18.65 (Precise Plan of Design) of the Rialto Municipal 21 Code, the Project requires a Precise Plan of Design, and the applicant has agreed to apply for Precise 22 Plan of Design No. 2021-0061 ("PPD No. 2021-0061"); and 23 WHEREAS, in conjunction with the Project, the applicant has applied for Conditional 24 Development Permit No. 2021-0047 (CDP No. 2021-0047") to facilitate the development and 25 operation of a 62,248 square foot industrial commerce building on the Site; and 26 WHEREAS, on November 9, 2022, the Planning Commission of the City of Rialto 27 conducted a duly noticed public hearing, as required by law, on PPD No. 2021-0061 and CDP No. 28 2021-0047, took testimony, at which time it received input from staff, the city attorney, and the -1-
1 applicant; heard public testimony; discussed the proposed PPD No. 2021-0061 and CDP No. 2021- 2 0047; and closed the public hearing; and
3 WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred. 4 NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Rialto 5 as follows:
6 SECTION 1. The Planning Commission hereby specifically finds that all of the facts set forth in the recitals above of this Resolution are true and correct and incorporated herein. 8 SECTION 2. Based on substantial evidence presented to the Planning Commission during 9 the public hearing conducted with regard to PPD No. 2021-0061, including written staff reports, 10 verbal testimony, site plans, other documents, and the conditions of approval stated herein, the 11 Planning Commission hereby determines that PPD No. 2021-0061 satisfies the requirements of 12 Section 18.65.020E of the Rialto Municipal Code pertaining to the findings which must be made 13 precedent to granting a Precise Plan of Design. The findings are as follows:
14 The proposed development is in compliance with all city ordinances and regulations, unless in accordance with an approved variance; and
15 16 This finding is supported by the following facts:
17 The Site has a General Plan land use designation of General Industrial with a Specific Plan 18 Overlay and a zoning designation of Rialto Airport Specific Plan. Within the Rialto Airport Specific Plan, the Site has a land use designation of General Manufacturing (I-GM). Those 19 designations allow for the development and operation of industrial commerce buildings, as proposed by the Project. The Project, as conditioned herein, will comply with all City 20 ordinances and regulations, including those required by the I-GM land use district of the Rialto Airport Specific Plan and the City's Design Guidelines. Additionally, the Project 21 meets all the required development standards of the I-GM land use district of the Rialto 22 Airport Specific Plan and Chapter 18.112 (Indoor Storage Facilities) of the Rialto Municipal Code including, but not limited to, required building setbacks, parking, 23 landscaping, building height, floor area ratio, etc. 24 The site is physically suitable for the proposed development, and the proposed 25 development will be arranged, designed, constructed, and maintained so that it will lot be unreasonably detrimental or injurious to property, improvements, or the health 26 afety or general welfare of the general public in the vicinity, or otherwise be 27 inharmonious with the city's general plan and its objectives, zoning ordinances or any applicable specific plan and its objectives; and
28 This finding is supported by the following facts:
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1 The Site is 2.84 gross acres in size, bound by two (2) public streets (Locust Avenue to the 2 east and Stonehurst Drive to the north), and is within the General Manufacturing (I-GM) 3 land use district of the Rialto Airport Specific Plan. To the north of the project site, across Stonehurst Drive, is an approximately 20,200 square foot industrial commerce building 4 occupied by United Rentals, and to the east, across Locust Avenue, is an approximately 608,000 square foot industrial commerce building occupied by Hillman and KW 5 International. To the south is Pyramid Precast Company Inc. operates precast 6 manufacturing with a storage yard on approximately 4.59 acres of land, and to the west is a 4,200 square foot industrial building and 1,200 square foot office building. The Project 7 is consistent with the I-GM land use district of the Rialto Airport Specific Plan and the surrounding industrial land uses. The project is not expected to negatively impact any 8 surrounding uses with the successful implementation of measures such as landscape 9 buffering, the installation of solid screen walls, aesthetic building enhancements, and other traffic related measures.
10 11 The proposed development will not unreasonably interfere with the use or enjoyment of neighboring property rights or endanger the peace, health, safety or welfare of the 12 general public; and
13 This finding is supported by the following facts:
14 The Project's effects will be minimized through the implementation of the Conditions of 15 Approval contained herein, such as extensive landscaping, concrete screen walls, and enhanced architectural features. To the north of the project site, across Stonehurst Drive, is 16 an approximately 20,200 square foot industrial commerce building occupied by United 17 Rentals, and to the east, across Locust Avenue, is an approximately 608,000 square foot industrial commerce building occupied by Hillman and KW International. To the south is 18 Pyramid Precast Company Inc. operates precast manufacturing with a storage yard on approximately 4.59 acres of land, and to the west is a 4,200 square foot industrial building 19 and 1,200 square foot office building. The Project is consistent with the I-GM land use 20 district of the Rialto Airport Specific Plan and the surrounding industrial land uses. The project is not expected to negatively impact any surrounding uses with the successful 21 implementation of measures such as landscape buffering, the installation of solid screen walls, aesthetic building enhancements, and other traffic related measures. 22 23 The proposed development will not substantially interfere with the orderly or planned development of the City of Rialto.
24 25 This finding is supported by the following facts:
26 The Project is consistent with the General Manufacturing (I-GM) land use designation of the Rialto Airport Specific Plan and is a logical addition to the existing industrial developments 27 surrounding the Site. The design of the Project will ensure a continuation of the public 28 improvements and aesthetics present in the surrounding area. The City staff have reviewed -3-
1 the design of the Project to ensure compliance with all health, safety, and design requirements to ensure the Project will enhance the infrastructure and aesthetics of the local community. 2 3 SECTION 3. The Project is categorically exempt from the requirements of the California 4 Environmental Quality Act (CEQA) pursuant to Section 15332, In-Fill Projects (Class 32). Class 32 5 allows for project such as this which are consistent with the applicable general plan designation, 6 zoning designation and regulations and involves development in an urban area with adequate access 7 to utilities on less than 5-acres of land that has no significant impact and no value as habitat for 8 endangered, rare or threatened species, thereby qualifying the project for a Class 32 exemption. 9 SECTION 4. PPD No. 2021-0061 is granted Camfield Partners LLC, in accordance with the 10 11 plans and application on file with the Planning Division, subject to the following Conditions of 12 Approval:
13 1. The applicant is granted PPD No. 2021-0061 allowing the development of a 62,248 square foot industrial commerce building and associated paving, landscaping, fencing, 14 lighting, and drainage improvements on 2.48 gross acres of land (APN: 1133-081-01 & 1133-081-02) located at the southwest corner of the Locust Avenue and Stonehurst 15 Drive within the General Manufacturing (I-GM) land use district of the Rialto Airport 16 Specific Plan, subject to the Conditions of Approval contained herein. 17 2. The approval of PPD No. 2021-0061 is granted for a one (1) year period from the date 18 of approval. Approval of PPD No. 2021-0061 will not become effective until the applicant has signed a Statement of Acceptance acknowledging awareness and 19 acceptance of the required Conditions of Approval contained herein. Any request for an extension shall be reviewed by the Community Development Director and shall be 20 based on the progress that has taken place toward the development of the project. 21 3. The development associated with PPD No. 2021-0061 shall conform to the site plan, 22 floor plan, exterior elevations, conceptual grading and drainage plan, and preliminary landscape plan attached hereto as Exhibit A, except as may be required to be modified 23 based on the Conditions of Approval contained herein. 24 4. The development associated with PPD No. 2021-0061 shall comply with all Conditions 25 of Approval contained within CDP No. 2021-0047.
26 The development associated with PPD No. 2021-0061 shall comply with all applicable 27 sections of the Rialto Airport Specific Plan, the Rialto Municipal Code, and all other applicable State and local laws and ordinances.
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1 6. 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. 2 3 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 4 instrumentalities thereof (collectively, the "City Parties"), from any and all claims, demands, law suits, writs of mandamus, and other actions and proceedings (whether 5 legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative 6 dispute resolutions procedures (including, but not limited to arbitrations, mediations, and other such procedures), (collectively "Actions"), brought against the City, and/or 7 any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or 8 annul, the any action of, or any permit or approval issued by, the City and/or any of 9 its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof (including actions approved by the voters of the City), for or concerning the 10 Project (collectively, the "Entitlements"), whether such Actions are brought under 11 the California Environmental Quality Act, the Planning and Zoning Law, the Subdivision Map Act, Code of Civil Procedure Chapter 1085 or 1094.5, the 12 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 13 condition to indemnify, protect, defend, and hold the City harmless shall include, but 14 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 15 connection with such proceeding whether incurred by applicant, Property owner, or the City and/or other parties initiating or bringing such proceeding (collectively, 16 subparts (i) and (ii) are the "Damages"). Notwithstanding anything to the contrary 17 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 18 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 19 an agreement to indemnify, protect, defend, and hold the City harmless as stated 20 herein within five (5) days of approval of PPD No. 2021-0061. 21 In accordance with the provisions of Government Code Section 66020(d)(1), the 22 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 23 the Proiect or within 90 days after the date of the imposition of the fees, dedications, reservations, or exactions imposed on the Project.
24 25 9. The applicant shall submit a formal Lot Merger application with the Planning Division prior to the issuance of building permits. The submittal shall include required exhibits, 26 a completed Lot Line Adjustment/Lot Merger Review application, and the applicable review fee.
27 28 10. The applicant shall install decorative pavement within each driveway connected to Locust Avenue and Stonehurst Drive. The decorative pavement shall extend across the -5-
:
1 entire width of the driveway and shall have a minimum depth of fifteen (15) feet as measured from the property line along Locust Avenue and the Stonehurst Drive. 2 Decorative pavement means decorative pavers and/or color concrete with patterns and 3 color variety. The location of the decorative pavement shall be identified on the Precise Grading Plan prior to the issuance of a grading permit. Additionally, the location and 4 type of decorative pavement shall be identified on the formal Landscape Plan submittal, and other on-site improvement plans, prior to the issuance of building permits. 5 6 11. In order to provide enhanced building design in accordance with Chapter 18.61 (Design Guidelines) of the Rialto Municipal Code, the applicant shall route all drainage downspouts through the interior of the building. The internal downspouts shall be identified within the formal building plan check submittal prior to the issuance of 8 building permits.
12. In order to provide enhanced building design in accordance with Chapter 18.61 (Design 10 Guidelines) of the Rialto Municipal Code, the applicant shall construct parapet returns, 11 at least three (3) feet in depth from the most inward wall plane, at all height variations on all four (4) sides of the building. The parapet returns shall be demonstrated on the 12 roof plans within the formal building plan check submittal prior to the issuance of building permits.
13 14 13. In order to provide enhanced building design in accordance with Chapter 18.61 (Design Guidelines) of the Rialto Municipal Code, the applicant shall provide internal roof 15 access only for the building. The internal roof access shall be identified within the formal building plan check submittal prior to the issuance of building permits. 16 17 14. Any new walls, including any retaining walls, shall be comprised of decorative masonry block or decorative concrete. Decorative masonry block means tan-colored slumpstone 18 block, tan-colored split-face block, or precision block with a stucco, plaster, or cultured stone finish. Decorative concrete means painted concrete with patterns, reveals, and/or 19 trim lines. Pilasters shall be incorporated within all new walls visible from the public 20 right-of-way. The pilasters shall be spaced a maximum of fifty (50) feet on-center and shall be placed at all corners and ends of the wall. All pilasters shall protrude a minimum 21 of six (6) inches above and to the side of the wall. 'All decorative masonry walls and pilasters, including retaining walls, shall include a decorative masonry cap. All walls and pilasters shall be identified on the site plan and Precise Grading Plan, and an 23 elevation detail for the walls shall be included in the formal building plan check submittal prior to the issuance of building permits.
24 25 15. Any new fencing installed on site shall be comprised of tubular steel. All fencing shall be identified on the site plan, and an elevation detail for the fencing shall be included in 26 the formal building plan check submittal prior to the issuance of building permits. 27 16. All light standards installed on site, shall have a maximum height of twenty-five (25) 28 feet, as measured from the finished surface, including the base. Lighting shall be shielded and/or directed toward the site so as not to produce direct glare or "stray light" -6-
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1 onto adjacent properties. All light standards shall be identified on the site plan and a note indicating the height restriction shall be included within the formal building plan check submittal prior to the issuance of building permits. 3 17. The applicant shall submit a formal Landscape Plan to the Planning Division prior to 4 the issuance of building permits. The submittal shall include three (3) sets of planting and irrigation plans, a completed Landscape Plan Review application, and the applicable 5 review fee.
6 18. The applicant shall plant one (1) tree every three (3) parking spaces. All parking lot 7 8
9 formal Landscape Plan submittal prior to the issuance of a landscape permit. 10 19. The applicant shall plant one (1) tree every thirty (30) feet on-center within the on-site 11 landscape setbacks along Locust Avenue and Stonehurst Drive. All trees within the landscape setback shall be a minimum of twenty-four (24) inch box in size, upon initial 12 planting. Thereafter, the trees within the landscape setback shall be permanently irrigated and maintained by the property owner. At least fifty (50) percent of the trees 13 within the setback shall consist of evergreen broadleaf trees, while the remaining 14 percentage may consist of broadleaf deciduous trees and/or palm trees. The trees shall be identified on the formal Landscape Plan submittal prior to the issuance of a landscape 15 permit.
16 20. The applicant shall plant one (1) tree every thirty (30) feet on-center within the public 17 right-of-way parkway along Locust Avenue. All trees within the public right-of-way parkway shall be a minimum of twenty-four (24) inch box in size, upon initial planting. 18 Thereafter, the trees within the public right-of-way parking shall be permanently irrigated and maintained, as required by the Public Works Department. The street tree 19 species along Locust Avenue shall be the Robinia Idahoensis "Idaho Locust". The street 20 trees shall be identified on the formal Landscape Plan submittal prior to the issuance of a landscape permit.
21 22 21. The applicant shall plant one (1) tree every thirty (30) feet on-center within the public right-of-way parkway along Stonehurst Drive. All trees within the public right-of-way 23 parkway shall be a minimum of twenty-four (24) inch box in size, upon initial planting.
Thereafter, the trees within the public right-of-way parking shall be permanently 24 irrigated and maintained, as required by the Public Works Department. The street tree species along Stonehurst Drive shall be the Geijera Parviflora "Australian Willow" 25 and/or the Robinia Idahoensis "Idaho Locust". The street trees shall be identified on the 26 formal Landscape Plan submittal prior to the issuance of a landscape permit. 27 22. The applicant shall plant shrubs that surround all ground mounted equipment and utility 28 boxes, including transformers, fire-department connections, backflow devices, etc. for the purpose of providing screening of said equipment and utility boxes. All equipment -7-
1 and utility box screen shrubs shall be a minimum of five (5) gallons in size upon initial planting, and the shrubs shall be spaced no more than three (3) feet on-center. 2 Thereafter, the equipment and utility box screen shrubs shall be permanently irrigated 3 and maintained into a continuous box-shape with a height of no less than three and one- half (3.5) feet above the finished grade. The shrubs shall be identified on the formal 4 Landscape Plan submittal prior to the issuance of a landscape permit. 5 23. The applicant shall plant trees, shrubs, and groundcover throughout all land on-site and 6 off-site (adjacent to the project site) that is not covered by structures, walkways, parking areas, and driveways, as approved by the Planning Division. Trees shall be planted a 7 minimum of thirty (30) feet on-center, and all shrubs and groundcover shall be planted an average of three (3) feet on-center or less, or as approved by the Planning Division. 8 All trees shall be minimum of fifteen (15) gallons in size upon initial planting, unless 9 otherwise specified herein. At least fifty (50) percent of the trees shall consist of evergreen broadleat trees, while the remaining percentage may consist of broadleat 10 deciduous trees and/or palm trees. All shrubs shall be a minimum of one (1) gallon in size, unless otherwise specified herein. All planter areas shall receive a minimum two (2) inch thick layer of brown bark, organic mulch, and/or decorative rock upon initial 12 planting. Pea gravel and decomposed granite are not acceptable materials to use within planter areas. All planter areas on-site shall be permanently irrigated and maintained 13 The planting and irrigation shall be identified on the formal Landscape Plan submittal 14 prior to the issuance of a landscape permit.
15 24. All planting and irrigation shall be installed on-site in accordance with the approved landscape plans and permit prior to the issuance of a Certificate of Occupancy. The 16 installation of the planting and irrigation shall be certified in writing by the landscape 17 architect responsible for preparing the landscape plans prior to the issuance of a Certificate of Occupancy.
18 25. Any tubular steel fencing and/or sliding gates shall be painted black prior to the issuance 19 of a Certificate of Occupancy, unless specified otherwise herein. 20 26. All non-glass doors shall be painted to match the color of the adjacent wall prior to the 21 issuance of a Certificate of Occupancy.
22 27. The applicant shall comply with all conditions of approval for PPD No. 2021-0061 to 23 the satisfaction of the City Engineer, prior to the issuance of a Certificate of Occupancy. 24 28. The applicant shall pay all applicable development impact fees in accordance with the 25 current City of Rialto fee ordinance, prior to the issuance of any building permit related to the Project.
26 29. The applicant shall apply and complete the Special District Annexation for the public 27 street lighting and the public landscape and irrigation, including applicable easement 28 areas, parkway areas, and raised medians along the property frontage, as determined by the City Engineer, prior to the issuance of the Grading/On-site Construction Permit. -8-
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1 30. A City of Rialto Off-site Construction Permit is required for any improvements within 2 the public right-of-way. In an effort to expedite and facilitate improvements in the public 3 right-of-way, the applicant is responsible for submitting a multi-phase master plan traffic control plan which includes all phases of construction in the public right-of-way 4 Co sever, yate, overhead, underermit ote pain to the isuang opent sing 5 process, a single master Off-Site Construction Permit shall replace individual 6 Encroachment Permits to be pulled by the applicant's contractor.
31. The applicant shall apply for annexation of the underlying property into City of Rialto Landscape and Lighting Maintenance District No. 2 ("LLMD 2"). An application fee 8 of $5,000 shall be paid at the time of application. Annexation into LLMD 2 is a 9 condition of acceptance of any new median, landscape easement, and/or parkway landscaping in the public right-of-way, or any new public street lighting improvements 10 conditioned on the project and to be maintained by the City of Rialto post construction. 11 The developer must apply and complete the LLMD2 annexation process prior to issuance of a Certificate of Occupancy. As an alternative to the City maintaining parkway landscaping adjacent to the commercial property via the City's Landscape and Lighting Maintenance District No. 2 ("LLMD 2"), the developer may enter into an 13 agreement with the City to assume responsibility for maintenance of all public parkway 14 landscaping. The agreement will stipulate that the property's annexation into LLMD 2 will occur, but with assessments deferred and set to $0 during such time as the public 15 parkway landscaping is adequately maintained to the City's satisfaction. The developer's failure to adequately maintain all public parkway landscaping will require 16 the City to assume such responsibility, and to commence levying of assessments against 17 the property via LLMD 2 to recover the City's costs. 18 32. The applicant shall submit off-site landscaping and irrigation system improvement plans for review and approval at the time of first (1) public improvement plan submittal to 19 the Public Works Department. The parkway irrigation system shall be separately 20 metered from the on-site private irrigation to be maintained for a period of one (1) year and annexed into a Special District. The off-site landscape and irrigation plans must 21 show separate electrical and water meters to be annexed into the Landscape and Lighting Maintenance District No. 2 via a City Council Public Hearing. The landscape 22 and irrigation plans shall be approved concurrently with the street improvement plans, 23 including the median portion, prior to issuance of a building permit. The landscaping architect must contact the City of Rialto Landscape Contract Specialist at (909) 820- 24 2602 to ensure all landscape and irrigation guidelines are met prior to plan approval.
Electrical and water irrigation meter pedestals must not be designed to be installed at or 25 near street intersections or within a raised median to avoid burdensome traffic control 26 set-up during ongoing maintenance.
27 33. If the property is accepted in the LLMD, the applicant shall guarantee all new parkway 28 landscaping irrigation for a period of one (1) year from the date of the City Engineer acceptance. Any landscaping that fails during the one-year landscape maintenance -9-
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1 period shall be replaced with similar plant material to the satisfaction of the City Engineer and shall be subject to a subsequent one-year landscape maintenance period. 2 The applicant must contact the City of Rialto Landscape Contract Specialist at (909) 3 820-2602 to confirm a full twelve (12) months' time of non-interrupted ongoing maintenance.
4 The applicant shall install City Engineer approved deep root barriers, in accordance with 5 the Public Works Landscape and Irrigation Guidelines, for all trees installed within ten 6 (10) feet of the public sidewalk and/or curb.
7 35. All new streetlights shall be installed on an independently metered, City-owned underground electrical system. Using power from an existing LMMD 2 pedestal is 8 encouraged over installing a new pedestal. The developer shall be responsible for 9 applying with Southern California Edison (SCE) for all appropriate service points and electrical meters early in the design process to avoid delays in other key milestones. 10 New meter pedestals shall be installed, and electrical service paid by the developer. The 11 City shall not pay the charges for electrical service until the landscape and irrigation is accepted after the one-year maintenance period and the underlying property is annexed 12 into LLMD 2.
13 36. If and where deficiencies in the existing system occur, the applicant shall construct a 14 new underground electrical system for public street lighting improvements along the project frontages of Locust Avenue and Stonehurst Drive, as determined necessary by 15 the City Engineer. New marbelite streetlight poles with LED light fixtures shall be installed in accordance with City of Rialto Standard Drawings, as determined necessary 16 by the City Engineer.
17 37. The applicant is responsible for requesting any addresses needed for any building(s), 18 electrical pedestal(s), and/or irrigation meter pedestal(s). The main building address shall be included on Precise Grading Plans and Building Plan set along with the PPD 19 number. The electrical meter pedestal addresses (single or dual) shall be included in the 20 public improvement plans.
21 38. The applicant shall submit street improvement plans by a registered California civil 22 engineer to the Public Works Engineering Division for review. The plans shall be approved by the City Engineer prior to the issuance of building permits. 23 39. The applicant shall submit streetlight improvement plans by a registered California civil 24 engineer to the Public Works Engineering Division for review. The plans shall be 25 approved by the City Engineer prior to the issuance of building permits. 26 40. The applicant shall submit sewer improvement plans for public sewer main(s) by a registered California civil engineer to the Public Works Engineering Division for 27 review. The plans shall be approved by the City Engineer prior to the issuance of building permits.
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1 41. The applicant shall submit traffic striping and signage improvement plans prepared by a registered California civil engineer or registered California traffic Engineer to the 2 Public Works Engineering Division for review. The plans shall be approved by the City 3 Engineer prior to the issuance of building permits.
4 42. The applicant shall submit copies of approved water improvement plans prepared by a registered California civil engineer to the Public Works Engineering Division for record 5 purposes. The plans shall be approved by West Valley Water District, the water 6 purveyor, prior to the issuance of building permits.
43. The applicant shall submit a Precise Grading/Paving Plan prepared by a California 8 registered civil engineer to the Public Works Engineering Division for review and approval. The Grading Plan shall be approved by the City Engineer prior to the issuance 9 of building permits.
10 44. The applicant shall submit a Geotechnical/Soils Report, prepared by a California 11 'egistered Geotechnical Engineer, for and incorporated as an integral part of the grading plan for the proposed development. A copy of the Geotechnical/Soils Report shall be 12 submitted to the Public Works Engineering Division with the first submittal of the Precise Grading Plan.
13 14 45. The applicant shall submit a wet-signed and stamped Earthwork Cut and Fill Certification Letter prepared by a Civil Engineer registered in the State of California to 15 the Public Works Engineering Division for review.
16 46. The applicant shall provide pad elevation certification for all building pads, in 17 conformance with the approved Precise Grading Plan, to the Engineering Division prior to construction of any building foundation.
18 19 47. The public street improvements outlined in these Conditions of Approval are intended to convey to the developer an accurate scope of required improvements, however, the 20 City Engineer reserves the right to require reasonable additional improvements as may be determined in the course of the review and approval of street improvement plans 21 required by these conditions.
22 48. The applicant shall construct asphalt concrete paving for streets in two separate lifts. 23 The final lift of asphalt concrete pavement shall be postponed until such time that on- site construction activities are complete. Unless the City Engineer provide prior 24 authorization, paving of streets in one lift prior to completion of on-site construction is 25 not allowed. If City Engineer authorized, completion of asphalt concrete paving for streets prior to completion of on-site construction activities, requires additional paving 26 requirements prior to acceptance of the street improvements, including, but not limited to: removal and replacement of damaged asphalt concrete pavement, overlay, slurry 27 seal, or other repairs.
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1 The applicant shall repair all street cuts for utilities in accordance with City Standard SC-231 within 72 hours of completion of the utility work; and any interim trench repairs shall consist of compacted backfill to the bottom of the pavement structural section 3 followed by placement of standard base course material in accordance with the Standard Specifications for Public Work Construction ("Greenbook"). The base course material 4 shall be placed the full height of the structural section to be flush with the existing pavement surface and provide a smooth pavement surface until permanent cap paving 5 occurs using an acceptable surface course material.
6 50. In accordance with City Ordinance No. 1589, adopted to preserve newly paved streets, 7 any and all street and/or trench cuts in newly paved streets will be subject to moratorium 8 street repair standards as reference in Section 11.04.145 of the Rialto Municipal Code.
Contact the Engineering Division for a list of streets subject to the moratorium. 9 51. The applicant shall backfill and/or repair all utility trenches or other excavations within 10 existing asphalt concrete pavement of off-site streets resulting from the proposed 11 development, in accordance with City of Rialto Standard Drawings. The applicant shall be responsible for removing, grinding, paving and/or overlaying existing asphalt 12 concrete pavement of off-site streets including pavement repairs in addition to pavement repairs made by utility companies for utilities installed for the benefit of the proposed 13 development (i.e. Fontana Water Company, Southern California Edison, Southern 14 California Gas Company, Time Warner, Verizon, etc.). Multiple excavations, trenches, and other street cuts within existing asphalt concrete pavement of off-site streets 15 resulting from the proposed development may require complete grinding and asphalt concrete overlay of the affected off-site streets, at the discretion of the City Engineer. 16 The pavement condition of the existing off-site streets shall be returned to a condition 17 equal to or better than what existed prior to construction of the proposed development. 18 52. In accordance with Chapter 15.32 of the City of Rialto Municipal Code, all existing and new electrical distribution lines of sixteen thousand volts or less and overhead service 19 drop conductors, and all telephone, television cable service, and similar service wires or 20 lines, which are on-site, abutting, and/or transecting, shall be installed underground prior to the issuance of a Certificate of Occupancy. The existing overhead utilities along the 21 east property line (adjacent to Locust Avenue) are subject to this requirement. Utility 22 undergrounding shall extend to the nearest off-site power pole, The applicant may enter into a Reimbursement Agreement with the City to recover costs for this improvement 23 beyond the fair-share responsibility of this project. No new power poles shall be installed unless otherwise approved by the City Engineer. A letter from the owners of 24 the affected utilities shall be submitted to the City Engineer prior to approval of the 25 Grading Plan, informing the City that they have been notified of the City's utility i reming the airy thei
undergrounding requirement and their intent to commence design of utility 26 undergrounding plans. When available, the utility undergrounding plan shall be submitted to the City Engineer identifying all above ground facilities in the area of the 27 project to be undergrounded.
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1 53. The applicant shall replace all damaged, destroyed, or modified pavement legends, traffic control devices, signing, striping, and streetlights, associated with the proposed 2 development shall be replaced as required by the City Engineer prior to issuance of a 3 Certificate of Occupancy.
4 54. The applicant shall reconstruct any broken, chipped, or unsatisfactory sidewalks or curbs along the entire project frontage, in accordance with the General Plan and the City 5 of Rialto Standard Drawings, as required by the City Engineer, prior to the issuance of 6 a Certificate of Occupancy.
7 55. The applicant shall provide construction signage, lighting and barricading shall be provided during all phases of construction as required by City Standards or as directed 8 by the City Engineer. As a minimum, all construction signing, lighting and barricading 9 shall be in accordance with Part 6 "Temporary Traffic Control" of the 2014 California Manual on Uniform Traffic Control Devices, or subsequent editions in force at the time 10 of construction.
11 56. Upon approval of any improvement plan by the City Engineer, the applicant shall 12 provide the improvement plan to the City in digital format, consisting of a DWG (AutoCAD drawing file), DXF (AutoCAD ASCII drawing exchange file), and PDF 13 (Adobe Acrobat) formats. Variation of the type and format of the digital data to be 14 submitted to the City may be authorized, upon prior approval by the City Engineer. 15 57. The applicant shall construct 4-inch conduit within the parkway area along the entire 16 project frontages of Locust Avenue and Stonehurst Drive for future use, prior to the issuance of a Certificate of Occupancy.
17 58. The applicant shall dedicate additional right-of-way along the entire frontage of Locust 18 Avenue, as necessary, to provide the ultimate half-width of 44 feet, as required by the City Engineer.
19 20 59. The applicant shall dedicate additional right-of-way along the entire frontage of Stonehurst Drive, as necessary, to provide the ultimate half-width of 32 feet, as required 21 by the City Engineer.
22 60. The applicant shall dedicate additional right-of-way as may be required to provide a 23 property line corner cutback at the northwest corner of the intersection of Locust Avenue and Stonehurst Drive, in accordance with City Standard SC-235, as required by the City 24 Engineer.
25 61. The applicant shall construct an 8-inch curb and gutter along the entire frontage of Locust Avenue 32 feet west of centerline in accordance with City of Rialto Standard Drawings and the General Plan or applicable Specific Plan, prior to the issuance of a 27 Certificate of Occupancy. Alternatively, the applicant shall preserve, and repair as determined necessary by the City Engineer, the existing curb and gutter along the entire 28 -13-
1 frontage of Locust Avenue should the City Engineer determine them to be in the ultimate location.
2 3 62. The applicant shall construct an 8-inch curb and gutter along the entire frontage of Stonehurst Drive 20 feet south of centerline in accordance with City of Rialto Standard 4 Drawings and the General Plan or applicable Specific Plan, prior to the issuance of a Certificate of Occupancy. Alternatively, the applicant shall preserve, and repair as 5 determined necessary by the City Engineer, the existing curb and gutter along the entire 6 frontage of Stonehurst Drive should the City Engineer determine them to be in the ultimate location.
63. The applicant shall construct one (1) new forty-five (45) foot wide commercial driveway 8 approach on the Locust Avenue frontage, as shown on the plans attached as Exhibit A, 9 n accordance with City of Rialto Standard Drawings, or as otherwise approved by the City Engineer. The driveway approach shall be constructed so the top of "X" is at least 10 5 feet from the property line, or as otherwise approved by the City Engineer. Nothing 11 shall be constructed or planted in the corner cut-off area which does exceed or will exceed 30 inches in height in order to maintain an appropriate corner sight distance, as 12 required by the City Engineer. If necessary, additional right of way shall be dedicated on-site to construct a path of travel meeting ADA guidelines for the public sidewalk. 13 14 64. The applicant shall construct a curb ramp that meets current California State Accessibility standards at the southwest corner of the intersection of Locust Avenue and 15 Stonehurst Drive, in accordance with the City of Rialto Standard Drawings, prior to the issuance of a Certificate of Occupancy.
16 17 65. The applicant shall construct curb ramps that meet current California State Accessibility standards on both the north and south sides of the proposed Locust Avenue driveway, 18 in accordance with the City of Rialto Standard Drawings, prior to the issuance of a Certificate of Occupancy. The developer shall ensure that an appropriate path of travel, 19 meeting ADA guidelines, is provided across the driveway, and shall adjust the location 20 of the access ramps, if necessary, to meet ADA guidelines, subject to the approval of the City Engineer. If necessary, additional pedestrian and sidewalk easements shall be provided on-site to construct a path of travel meeting ADA guidelines. 22 66. The applicant shall construct a 5-foot-wide Americans with Disabilities Act (ADA) and 23 California Building Code (CBC) compliant sidewalk adjacent to the curb along the entire project frontage of Locust Avenue, in accordance with City of Rialto Standard 24 Drawings, prior to the issuance of a Certificate of Occupancy. Alternatively, the applicant shall preserve, and repair as determined necessary by the City Engineer, the 25 existing sidewalk along the entire frontage of Locust Avenue should the City Engineer 26 determine it to be in the ultimate location and compliant with the ADA and CBC. 27 67. The applicant shall install "No Stopping Anytime" R26A(S)(CA) signage along the 28 entire project frontages of Locust Avenue and Stonehurst Drive, as required by the City Engineer, prior to the issuance of a Certificate of Occupancy. -14-
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1 68. The applicant shall be responsible for coordinating with Omnitrans regarding the 2 location of existing, proposed, and future bus stops along the property frontage of all 3 public streets. The developer shall design street and sidewalk improvements in accordance with the latest Omnitrans bus stop guidelines and in compliance with current 4 accessibility standards pursuant to the Americans with Disabilities Act (ADA) requirements. The developer shall design all bus stops to accommodate the Omnitrans 5 Premium Shelters. Prior to Certificate of Occupancy, the developer shall submit to 6 Public Works verification from Omnitrans acknowledging concurrence with the existing, proposed, and future bus stop improvements in conformance with the Premium 7 Shelter design guidelines. Additionally, bus turnouts are required to accommodate proposed bus stops in accordance with the City Standards and as approved by the City 8 Engineer.
9 69. The applicant shall remove existing pavement and construct new pavement with a 10 minimum pavement section of 5 inches asphalt concrete pavement over 6 inches 11 crushed aggregate base with a minimum subgrade of 24 inches at 95% relative compaction, or equal, along the entire half-width street frontages of Locust Avenue and 12 Stonehurst Drive in accordance with City of Rialto Standard Drawings. The pavement section shall be determined using a Traffic Index ("TI") of 10. The pavement section 13 shall be designed by a California registered Geotechnical Engineer using "R" values 14 from the project site and submitted to the City Engineer for approval. Alternatively, depending on the existing street condition and as approved by the City Engineer, a street 15 overlay, slurry seal, or other repair can be performed to preserve existing pavement improvements.
16 17 70. The minimum pavement section for all on-site pavements shall be 2½ inches asphalt concrete pavement over 4 inches crushed aggregate base with a minimum subgrade of 18 24 inches at 95% relative compaction, or equal. If an alternative pavement section is proposed, the proposed pavement section shall be designed by a California registered 19 Geotechnical Engineer using "R" values from the project site and submitted to the City 20 Engineer for approval.
21 71. The applicant shall connect the project to the City of Rialto sewer system and apply for a sewer connection account with Rialto Water Services.
22 23 72. The applicant is advised that domestic water service is provided by West Valley Water District. The developer shall be responsible for coordinating with West Valley Water 24 District and complying with all requirements for establishing domestic water service to the property.
25 26 73. The applicant shall install a new domestic water line lateral connection to the main water line within Locust Avenue, pursuant to West Valley Water District requirements. A water line plan shall be approved by West Valley Water District prior to the issuance of 28 building permits.
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1 74. The applicant shall provide certification from Rialto Water Services that demonstrates that all wastewater service accounts for the project are documented, prior to the issuance 2 of a Certificate of Occupancy or final inspection approval from the Public Works 3 Engineering Division.
4 75. Any sewer mains constructed by the applicant, as necessary, are to become part of the public sewer system and shall be pressure tested and digitally video recorded by the 5 City's wastewater system operator (Veolia) prior to acceptance of the sewer system for 6 maintenance by the City. The developer shall be responsible for all costs associated with testing and inspection services. Any defects of the sewer main shall be removed, 7 replaced, or repaired to the satisfaction of the City Engineer prior to acceptance. 8 76. The applicant shall submit a Water Quality Management Plan identifying site specific 9 Best Management Practices ("BMPs") in accordance with the Model Water Quality Management Plan ("WQMP") approved for use for the Santa Ana River Watershed. 10 The site specific WQMP shall be submitted to the City Engineer for review and approval 11 with the Precise Grading Plan. A WQMP Maintenance Agreement shall be required, obligating the property owners) to appropriate operation and maintenance obligations 12 of on-site BMPs constructed pursuant to the approved WQMP. The WQMP and Maintenance Agreement shall be approved prior to issuance of a building permit, unless 13 otherwise allowed by the City Engineer. The development of the Site is subject to the 14 requirements of the National Pollution Discharge Elimination System (NDES) Permit for the City of Rialto, issued by the Santa Ana Regional Water Quality Control Board, 15 Board Order No. R8-2010-0036. Pursuant to the NDES Permit, the Applicant shall ensure development of the site incorporates post-construction Best Management 16 Practices ("BMPs") in accordance with the Model Water Quality Management Plan 17 ("WQMP") approved for use for the Santa Ana River Watershed. The Applicant is advised that applicable Site Design BMPs will be required to be incorporated into the 18 final site design, pursuant to a site specific WQMP submitted to the City Engineer for review and approval.
19 20 77. The applicant shall prepare a Notice of Intent (NOI) to comply with the California General Construction Stormwater Permit (Water Quality Order 2009-0009-DWQ as modified September 2, 2009) is required via the California Regional Water Quality 22 Control Board online SMARTS system. A copy of the executed letter issuing a Waste Discharge Identification (WDID) number shall be provided to the City Engineer prior 23 to issuance of a grading or building permit. The applicant's contractor shall prepare and maintain a Storm Water Pollution Prevention Plan ("SWPPP") as required by the 24 General Construction Permit. All appropriate measures to prevent erosion and water pollution during construction shall be implemented as required by the SWPPP. 25 26 78. Prior to issuance of a certificate of occupancy or final City approvals, the applicant shall demonstrate that all structural BMP's have been constructed and installed in 27 conformance with approved plans and specifications, and as identified in the approved 28 WOMP.
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1 79. All stormwater runoff passing through the site shall be accepted and conveyed across the property in a manner acceptable to the City Engineer. For all stormwater runoff 2 falling on the site, on-site retention or other facilities approved by the City Engineer 3 shall be required to contain the increased stormwater runoff generated by the development of the property. Provide a hydrology study, prepared by a Civil Engineer, 4 to determine the volume of increased stormwater runoff due to development of the site, and to determine required stormwater runoff mitigation measures for the proposed 5 development. Final retention basin sizing and other stormwater runoff mitigation 6 measures shall be determined upon review and approval of the hydrology study by the City Engineer and may require redesign or changes to site configuration or layout 7 consistent with the findings of the final hydrology study. The volume of increased stormwater runoff to retain on-site shall be determined by comparing the existing "pre- 8 developed" condition and proposed "developed" condition, using the 100-year 9 frequency storm. Infiltration of stormwater in the developed condition analysis shall be considered negligible. All on-site and off-site designs must comply with Federal 10 (NPDES), State, Regional, and City stormwater regulations. 11 80. Direct release of on-site nuisance water or stormwater runoff shall not be permitted to 12 the adjacent public streets. Provisions for the interception of nuisance water from entering adjacent public streets from the project site shall be provided through the use 13 of a minor storm drain system that collects and conveys nuisance water to landscape or 14 parkway areas, and in only a stormwater runoff condition, pass runoff directly to the streets through parkway or under sidewalk drains. All on-site and off-site designs must 15 comply with NDES stormwater regulations.
16 81. The original improvement plans prepared for the proposed development and approved 17 by the City Engineer (if required) shall be documented with record drawing "as-built" information and returned to the Engineering Division prior to issuance of a final 18 certificate of occupancy. Any modifications or changes to approved improvement plans 19 shall be submitted to the City Engineer for approval prior to construction. 20 82. The applicant shall adhere to the City Council approved franchise agreements and disposal requirements during all construction activities, in accordance with Section 8.08 21 (Refuse Collection of the City of Rialto Municipal Code). 22 83. Prior to commencing with any grading, the applicant shall implement the required 23 erosion and dust control measures shall be in place. In addition, the following shall be included if not already identified:
24 25 a. 6 foot high tan colored perimeter screened fencing 26 b. Contractor information signage including contact information along the street frontages of Locust Avenue and Stonehurst Drive.
27 28 c. Post dust control signage with the following verbiage: "Project Name, WDID No., IF YOU SEE DUST COMING FROM THIS PROJECT CALL: NAME (XXX) -17-
1 XXX-XXX, If you do not receive a response, please call the AQMD at 1-800- CUT-SMOG/1-800-228-7664"
2 3 84. The applicant shall remove any graffiti within 24 hours, before, during, and post construction.
4 85. The applicant shall submit full architectural and structural plans with all mechanical, 5 electrical, and plumbing plans, structural calculations, truss calculations and layout, rough grading plans approved by Public Works Engineering, Water Quality Management Plan, Erosion Control Plan, Stormwater Pollution Prevention Plan, and 7 Title 24 Energy Calculations to the Building Division for plan check and review, prior to the issuance of building permits.
8 86. The applicant shall provide a Scope of Work on the title page of the architectural plan set. The Scope of Work shall call out all work to be permitted (ex. Main structure, 10 perimeter walls, trash enclosure, etc.).
11 87. The applicant shall design the structures in accordance with the latest California 12 Building Code, California Mechanical Code, California Plumbing Code, and the California Electrical Code, Residential Code and the California Green Buildings 13 Standards adopted by the State of California.
14 88. The applicant shall design the structures to withstand ultimate wind speed of 130 miles 15 per hour, exposure C and seismic zone D.
16 89. The applicant shall obtain an Electrical Permit from the Building Division for any 17 temporary electrical power required during construction. No temporary electrical power will be granted to a project unless one of the following items is in place and approved 18 by the Building Division: (A) Installation of a construction trailer, or, (B) Security fencing around the area where the electrical power will be located. 19 20 90. The applicant shall install any required temporary construction trailer on private property. No trailers are allowed to be located within the public right-of-way. The trailer 21 shall be removed prior to the issuance of a Certificate of Occupancy. 22 91. The applicant shall design and construct accessible paths of travel from the building's 23 accessible entrances to the public right-of-way, accessible parking, and the trash enclosure. Paths of travel shall incorporate (but not limited to) exterior stairs, landings, 24 walks and sidewalks, pedestrian ramps, curb ramps, warning curbs, detectable warning, signage, gates, lifts and walking surface materials, as necessary. The accessible route(s) 25 of travel shall be the most practical direct route between accessible building entrances, 26 site facilities, accessible parking, public sidewalks, and the accessible entrance(s) to the site, California Building Code, (CBC) Chapter 11, Sec, 11A and 11B. 27 28 92. Prior to issuance of a Building Permit all of the following must be in place on the Site:
a portable toilet with hand wash station, all BMP's, fencing and signage on each adjacent -18-
1 street saying "If there is any dust or debris coming from this site please contact (superintendent number here) or the AQMD if the problem is not being resolved" or 2 something similar to this.
3 93. The applicant shall provide temporary toilet facilities for the construction workers. The 4 toilet facilities shall always be maintained in a sanitary condition. The construction toilet facilities of the non-sewer type shall conform to ANSI ZA.3. 5 6 94. The applicant shall underground all on site utilities to the new proposed structures, prior to the issuance of a Certificate of Occupancy, unless prior approval has been obtained 7 by the utility company or the City.
8 95. Prior to issuance of Building Permits, site grading final and pad certifications shall be 9 ibmitted to the Building Division and Engineering Division, which include elevation rientation, and compaction. The certifications are required to be signed by the enginer 10 of record.
11 96. The applicant shall provide proof of payment to the Rialto Unified School District for 12 all required school fees, prior to the issuance of a building permit. 13 97. Site facilities such as parking open or covered, recreation facilities, and trash dumpster 14 areas, and common use areas shall be accessible per the California Building Code, Chapter 11.
15 98. The applicant shall place a copy of the Conditions of Approval herein on within the 16 building plan check submittal set and include the PPD number on the right bottom 17 corner cover page in 20 point bold, prior to the issuance of a building permit. 18 99. The applicant shall ensure that a minimum of 65% of all construction and demo debris shall be recycled using an approved City of Rialto recycling facility during construction. 19 Copies of receipts for recycling shall be provided to the City Inspector and a copy shall 20 be placed in the office of the construction site.
21 100. Prior to issuance of Building Permits, on site water service shall be installed and approved by the responsible agency. On site fire hydrants shall be approved by the Fire 22 Department. No flammable materials will be allowed on the site until the fire hydrants 23 are established and approved.
24 101. The applicant shall comply with all applicable requirements of the California Fire Code 25 and Chapter 15.28 (Fire Code) of the Rialto Municipal Code. 26 102. The applicant shall illuminate all walkways, passageways, and locations where pedestrians are likely to travel with a minimum of 1.5-foot candles (at surface level) of light during the hours of darkness. Lighting shall be designed/constructed in such a 28 manner as to automatically turn on at dusk and turn off at dawn. -19-
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1 103. The applicant shall illuminate all alleyways, driveways, and uncovered parking areas with a minimum of 1.5-foot candles (at surface level) of light during the hours of 2 darkness. Lighting shall be designed/constructed in such a manner as to automatically 3 turn on at dusk and turn off at dawn.
4 104. The applicant shall illuminate all loading dock areas, truck well areas, and delivery areas with a minimum of 2.0 foot-candles (at surface level) of light during the hours of 5 darkness. Lighting shall be designed/constructed in such a manner as to automatically 6 turn on at dusk and turn off at dawn.
105. The applicant shall design/construct all lighting fixtures and luminaries, including supports, poles and brackets, in such a manner as to resist vandalism and/or destruction 8 by hand.
9 106. The applicant shall provide an illuminated channel letter address prominently placed on 10 the building to be visible to the front of the location and if applicable, visible from the 11 main street to which they are located (e.g. commercial building facing the interior of the property would require two address signs if located adjacent to a roadway), prior to the 12 issuance of a Certificate of Occupancy.
13 107. At the discretion of the Rialto Police Department, the applicant shall install exterior 14 security cameras at the location that cover the entire Site, prior to the issuance of a Certificate of Occupancy. The security cameras shall be accessible to the Rialto Police 15 Department via FusionONE web application.
16 108. The applicant shall install Knox boxes immediately adjacent to the main entrance of the 17 building and at least one (1) rear entrance on the building to facilitate the entry of safety personnel. The Knox boxes shall be installed in such a manner as to be alarmed, resist 18 vandalism, removal, or destruction by hand, and be fully recessed into the building. The 19 Knox boxes shall be equipped with the appropriate keys, for each required location, prior to the first day of business. The Knox-Box placement shall be shown on the formal 20 building plan review submittal prior to the issuance of a building permit. 21 109. The applicant shall prominently display the address on the building rooftop to be visible 22 to aerial law enforcement or fire aircraft. Specifications to be followed for alphanumeric characters are as follows: Three (3) foot tall and six (6) inches thick alphanumeric 23 characters. The alphanumeric characters shall be constructed in such a way that they are in stark contrast to the background to which they are attached (e.g. white numbers and 24 letters on a black background), and resistant weathering that would cause a degradation of the contrast.
25 26 110. The applicant shall provide an audible alarm within the building, prior to the issuance of a Certificate of Occupancy. The building shall be alarmed in such a way as to emit a 27 continuous audible notification until reset by responsible personnel (c.g. alarmed exit device / crash bar).
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1 111. The applicant or General Contractor shall identify each contractor and subcontractor hired to work at the job site on a Contractor Sublist form and return it to the Business 2 License Division with a Business License application and the Business License tax fee 3 based on the Contractors tax rate for each contractor. 4 112. Prior to issuance of a Certificate of Occupancy, the Lessor of the property shall pay a business license tax based on the Rental Income Property tax rate. 5 6 SECTION 5. The Chairman of the Planning Commission shall sign the passage and 7 adoption of this resolution and thereupon the same shall take effect and be in force. 8 PASSED, APPROVED AND ADOPTED this day of _November, 2022. 9 10
11 JERRY GUTIERREZ, CHAIR
12 CITY OF RIALTO PLANNING COMMISSION
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1 STATE OF CALIFORNIA )
2 COUNTY OF SAN BERNARDINO ) sS
3 CITY OF RIALTO )
4 5 I, Kimberly Dame, Administrative Analyst of the City of Rialto, do hereby certify that the 6 foregoing Resolution No. 2022-70 was duly passed and adopted at a regular meeting of the Planning 7 Commission of the City of Rialto held on the 9th day of November 2022. 8 Upon motion of Commissioner Dale Estvander, second by Commissioner Artist Gilbert, 9 foregoing Resolution No. 2022-70 was duly passed and adopted. 10 11 Vote on the motion:
12 AYES: 4 (Gutierrez, Peukert, Estvander, Gilbert)
NOES: 0
14 ABSTENTION: 0
15 ABSENT: 1 (Gonzalez)
16 IN WITNESS WHEREOF, I have hereunto set my hand and the Official Seal of the City of 17 Rialto this 9th day of November 2022.
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20 Kimberly Dame
21 Administrative Analyst
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