1 RESOLUTION NO. 2023-20
2 A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF RIALTO, CALIFORNIA, RECOMMENDING THAT
THE CITY COUNCIL DENY SPECIFIC PLAN AMENDMENT
4 NO. 2020-0002, CONDITIONAL DEVELOPMENT PERMIT NO.
5 2020-0008, AND PRECISE PLAN OF DESIGN NO. 2020-0014.
6 WHEREAS, the applicant, Howard Industrial Partners, Inc. ("Applicant") proposes to 7 develop and operate a 470,000 square foot industrial warehouse building ("Warehouse Project") on 8 approximately 23.82 acres of land (APNs: 0264-201-29 & 0264-201-30) located on the east side of 9 Pepper Avenue approximately 500 feet south of the SR-210 Freeway within Planning Area 2 and 10 Planning Area 3 of the Pepper Avenue Specific Plan ("Warehouse Project Site"); and 11 WHEREAS, the Pepper Avenue Specific Plan consists of approximately 101.7 acres of land 12 (APN's: 0264-191-02, -04, -13, & -14 and 0264-201-08, - 25, -27, - 28, -29, -30, & -31) generally 13 located east of Eucalyptus Avenue, south of the SR-210 Freeway, west of Meridian Avenue, and 14 north of Walnut Avenue; and
15 WHEREAS, the primary objective of the Pepper Avenue Specific Plan is to create an eastern 16 gateway into the City of Rialto that offers new retail opportunities and creates a sense of place through 17 the incorporation of specific features including a "main street", a pedestrian-oriented town center, a 18 pedestrian connection to Frisbie Park to the west, a retail plaza, and a comprehensive landscape 19 theme; and
20 WHEREAS, according to Section 5.5.2 (Prohibited Uses) of the Pepper Avenue Specific 21 Plan, the development and operation of industrial warehouse buildings, such as the Warehouse 22 Project, is prohibited within the entirety of the Pepper Avenue Specific Plan area; and 23 WHEREAS, in conjunction with the Warehouse Project, the applicant has submitted Specific 24 Plan Amendment No. 2020-0002 ("SPA No. 2020-0002") to amend the Pepper Avenue Specific Plan 25 ("SPA Project"), and the SPA Project is necessary to facilitate the Warehouse Project; and 26 WHEREAS, the site for the SPA Project is the entirety of the Pepper Avenue Specific Plan 27 area, which consists of eleven (11) parcels of land (APNs: 0264-191-02, -04, - 13, & -14 and 0264- 28 -1-
1 201-08, -25, -27, -28, -29, -30, & -31) approximately 101.7 acres in size and generally located south 2 of the SR-210 Freeway, north of Walnut Avenue, east of Eucalyptus Avenue west of Meridian 3 Avenue ("SPA Project Site"); and
4 WHEREAS, the SPA Project proposes an amended version of the Pepper Avenue Specific 5 Plan with the following components:
6 • Provision of a new "Light Industrial" land use designation that will allow warehouses and 7 logistics centers as permitted uses; and
8 • Provision of development standards for the new "Light Industrial" land use designation; and • Dividing of Planning Area 1 into two (2) Planning Areas: Planning Area 1, encompassing 10 2.63 acres, and Planning Area 10, encompassing 11.64 acres; and 11 • Amending the land use designations of Planning Areas 2, 3, and 10 from Community 12 Commercial with a development maximum of 476,650 square feet to the new Light Industrial land use designation with a development maximum of 735,185 square feet, the residential 13 overlay on Planning Area 3 will be preserved in place; and 14 • Various traffic circulation improvements, such as provisions of new access points and new 15 medians; and
16 • Various textual and graphic amendments related to the changes listed above; and 17 18 WHEREAS, in conjunction with the Warehouse Project, the applicant has submitted 19 Conditional Development Permit No. 2020-0008 to facilitate the development and use of a 470,000 20 square foot industrial warehouse building on the Warehouse Site ("CDP No. 2020-0008"); and 21 WHEREAS, in conjunction with the Warehouse Project, the applicant has submitted Precise 22 Plan of Design No. 2020-0014 to facilitate the development of a 470,000 square foot industrial 23 warehouse building on the Warehouse Site ("PPD No. 2020-0014"); and 24 WHEREAS, on March 8, 2028, the Planning Commission of the City of Rialto conducted 25 a duly noticed public hearing, as required by law, on SPA No. 2020-0002, CDP No. 2020-0008, 26 and PPD No. 2020-0014, took testimony, at which time it received input from staff, the city 27 attorney; heard public testimony; discussed the proposed SPA No. 2020-0002, CDP No. 2020- 28 0008, and PPD No. 2020-0014; and closed the public hearing; and -2-
1 WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred. 2 NOW, THEREFORE, the Planning Commission hereby finds, determines, and resolves as 3 follows:
4 SECTION 1. The Planning Commission hereby specifically finds that all of the facts set forth 5 in the recitals above of this Resolution are true and correct and incorporated herein.
SECTION 2. Based on substantial evidence presented to the Planning Commission during 7 the public hearing conducted with regard to SPA No. 2020-0002, including written staff reports, 8 verbal testimony, project plans, other documents, and the conditions of approval stated herein, the 9 Planning Commission hereby determines that SPA No. 2020-0002 does not satisfy the requirements 10 of Government Code Sections 65358 and 65453 and Section 18.78.060I of the Rialto Municipal Code 11 pertaining to the findings which must be made precedent to amending a Specific Plan. As documented 12 below, the Project does not satisfy findings number 1, 3, and 5. The findings are as follows:
13 14 That the proposed Specific Plan Amendment is consistent with the goals and policies of the General Plan and its purposes, standards and land use guidelines; and 15 This finding is supported by the following facts:
16 17 The General Plan land use designation of the site is SPA Project Site and the Warehouse Project Site is Specific Plan with a Specific Plan Overlay. This designation requires the 18 underlying Specific Plan to establish distinct land use designations within the Specific Plan itself. Figure 1-3 (Land Use Plan) of the Pepper Avenue Specific Plan indicates that the land 19 uses approved within the Pepper Avenue Specific Plan include only commercial land uses 20 (with a residential overlay), open space land uses, and public facilities land uses. The proposed industrial land use designation and warehouse proposed by the applicant is not consistent 21 with the Pepper Avenue Specific Plan. In response, the applicant filed a Specific Plan Amendment application to amend the Pepper Avenue Specific Plan to create a new industrial 22 land use designation within the Specific Plan that would eliminate the inconsistency. 23 However, General Plan Goals 2-8, 2-9, 2-14, 2-19, and 2-22, encourage and require 24 developments to be sensitive to the character of surrounding neighborhoods, consistent with both the scale and height of surrounding existing developments, and protective of residential, 25 parks, and other sensitive land uses from the impacts associated with industrial and trucking- 26 related land uses. The Warehouse Project and the associated SPA Project do not adequately achieve consistency with these goals, primarily due in part to the scale of the proposed 27 industrial warehouse building, the proximity to Frisbie Park and existing residential neighborhoods to the south and west, and the significant and unavoidable impacts to Air 28 Quality and Greenhouse Gas Emissions that were identified in the Subsequent Environmental -3-
Impact Report (Environmental Assessment Review No. 2020-0010) that was prepared for the 1 SPA Project and the Warehouse Project.
2 That the proposed Specific Plan Amendment results in development of desirable 3 character, which will be compatible with existing and proposed development in the surrounding neighborhood; and
4 5 This finding cannot be supported because of the following facts:
6 The primary objective of the Pepper Avenue Specific Plan is to create an eastern gateway into 7 the City of Rialto that offers new retail opportunities and promotes the identity of the Pepper Avenue neighborhood. Contrary to the stated objective, the SPA Project and the Warehouse 8 Project would facilitate the development of a 470,000 square foot industrial warehouse building within the entirety of Planning Areas 2 & 3 of the Pepper Avenue Specific Plan, with 9 the potential for an additional 250,185 square feet of industrial warehouse floor area on 10 Planning Area 10, despite Section 5.5.2 (Prohibited Uses) of the Pepper Avenue Specific Plan, which designates warehouses as a prohibited use within the entire Specific Plan area. 11 The SPA Project and the Warehouse Project would fundamentally alter the purpose and intent 12 of the Pepper Avenue Specific Plan, create a disparate land use pattern that may negatively 13 impact the viability of the remaining undeveloped portions within the Specific Plan area, and will render many of the concepts within the Specific Plan infeasible. Furthermore, the SPA 14 Project and the Warehouse Project would introduce industrial warehouse buildings that are incompatible with the existing park and residential neighborhoods to the south and west due 15 to the large physical scale of the warehouse buildings, their heavy use of truck traffic, and 16 their significant and unavoidable impacts to Air Quality and Greenhouse Gas Emissions that were identified in the Subsequent Environmental Impact Report (Environmental Assessment 17 Review No. 2020-0010) that was prepared for the SPA Project and the Warehouse Project. 18 That the proposed Specific Plan Amendment respects the environmental and aesthetic 19 assets of the community consistent with economic realities; and 20 This finding cannot be supported because of the following facts:
21 According to the Subsequent Environmental Impact Report (Environmental Assessment 22 Review No. 2020-0010) prepared for the SPA Project and the Warehouse Project, new significant and unavoidable impacts to Air Quality and Greenhouse Gas Emissions would 23 result from the buildout of the SPA Project and Warehouse Project. Specifically, the SPA 24 Project and Warehouse Project would result in the emission of significant and unavoidable amounts of Carbon Dioxide (CO2) and Nitrogen Oxide (NOx) through operational and mobile 25 emission sources.
Additionally, the Warehouse Project does not integrate the aesthetic concepts envisioned in 26 the Pepper Avenue Specific Plan, including, , but not limited to, an authentic Mediterranean architectural character, a pedestrian-oriented "town center", village-like plazas to act as gathering spaces, well-furnished pedestrian walkways, etc. 28 -4-
1 SECTION 3. Based on substantial evidence presented to the Planning Commission during 2 the public hearing conducted with regard to CDP No. 2020-0008, including written staff reports, 3 verbal testimony, project plans, and other documents, the Planning Commission hereby determines 4 that CDP No. 2020-0008 does not satisfy the requirements of Section 18.66.020 of the Rialto 5 Municipal Code pertaining to the findings which must be made precedent to granting a Conditional 6 Development Permit. As documented below, the Project does not satisfy findings number 1, 2, and 7 6. The findings are as follows:
8 The proposed use is deemed essential or desirable to provide a service or facility 9 which will contribute to the convenience or general well-being of the neighborhood 10 or community.
11 This finding cannot be supported because of the following facts:
12 The primary objective of the Pepper Avenue Specific Plan is to create an eastern gateway into 13 the City of Rialto that offers new retail opportunities and promotes the identity of the Pepper Avenue neighborhood. Contrary to the stated objective, the SPA Project and the Warehouse 14 Project would facilitate the development of a 470,000 square foot industrial warehouse 15 building within the entirety of Planning Areas 2 & 3 of the Pepper Avenue Specific Plan, with the potential for an additional 250,185 square feet of industrial warehouse floor area on 16 Planning Area 10, despite Section 5.5.2 (Prohibited Uses) of the Pepper Avenue Specific Plan, which designates warehouses as a prohibited use within the entire Specific Plan area. 17 18 The SPA Project and the Warehouse Project would fundamentally alter the purpose and intent of the Pepper Avenue Specific Plan, create a disparate land use pattern that may negatively 19 impact the viability of the remaining undeveloped portions within the Specific Plan area, and will render many of the concepts within the Specific Plan infeasible. Furthermore, the SPA 20 Project and the Warehouse Project would introduce industrial warehouse buildings that are 21 incompatible with the existing park and residential neighborhoods to the south and west due to the large physical scale of the warehouse buildings, their heavy use of truck traffic, and 22 their significant and unavoidable impacts to Air Quality and Greenhouse Gas Emissions that were identified in the Subsequent Environmental Impact Report (Environmental Assessment 23 Review No. 2020-0010) that was prepared for the SPA Project and the Warehouse Project. 24 2. The proposed use will not be detrimental or injurious to health, safety, or general 25 welfare of persons residing or working in the vicinity. 26 This finding cannot be supported because of the following facts:
According to the Subsequent Environmental Impact Report (Environmental Assessment 28 Review No. 2020-0010) prepared for the SPA Project and the Warehouse Project, new -5-
1 significant and unavoidable impacts to Air Quality and Greenhouse Gas Emissions would result from the buildout of the SPA Project and Warehouse Project. Specifically, the SPA 2 Project and Warehouse Project would result in the emission of significant and unavoidable amounts of Carbon Dioxide (COz) and Nitrogen Oxide (NOx) through operational and mobile 3 emission sources.
4 Additionally, the Project will increase truck traffic in the immediate area, which will create 5 further traffic delays on local streets that will negatively affect persons residing or working in the vicinity.
7 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 8 benefits conferred upon the community or neighborhood as a whole. 9 This finding cannot be supported because of the following facts:
10 The SPA Project and the Warehouse Project will generate an increase in truck traffic and air 11 pollution that will negatively impact those working and residing in the vicinity. Specifically, the SPA Project and Warehouse Project would result in the emission of significant and 12 unavoidable amounts of Carbon Dioxide (CO2) and Nitrogen Oxide (NOx) through 13 operational and mobile emission sources, as identified in the Subsequent Environmental Impact Report (Environmental Assessment Review No. 2020-0010) prepared for the SPA 14 Project and the Warehouse Project. Additionally, the SPA Project and the Warehouse Project 15 would fundamentally alter the purpose and intent of the Pepper Avenue Specific Plan, create a disparate land use pattern that may negatively impact the viability of the remaining 16 undeveloped portions within the Specific Plan area, and will render many of the concepts within the Specific Plan infeasible. Furthermore, the SPA Project and the Warehouse Project 17 would introduce industrial warehouse buildings that are incompatible with the existing park 18 and residential neighborhoods to the south and west due to the large physical scale of the warehouse buildings, their heavy use of truck traffic, and their significant and unavoidable 19 impacts to Air Quality and Greenhouse Gas Emissions. These adverse effects do not outweigh any benefits posed by the implementation of the Project. 20 21 SECTION 4. Based on substantial evidence presented to the City Council during the public 22 hearing conducted with regard to PPD No. 2020-0014, including written staff reports, verbal 23 testimony, project plans, other documents, and the conditions of approval stated herein, the Planning 24 Commission hereby determines that PPD No. 2020-0014 does not satisfy the requirements of Section 25 18.65.020E of the Rialto Municipal Code pertaining to the findings which must be made precedent 26 to granting a Precise Plan of Design. As documented below, the Project does not satisfy finding 27 number 3. The findings are as follows:
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1 2 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 3 general public.
4 This finding cannot be supported because of the following facts:
5 As identified in the Subsequent Environmental Impact Report (Environmental Assessment 6 Review No. 2020-0010) prepared for the SPA Project and the Warehouse Project, the SPA Project and Warehouse Project would generate significant and unavoidable amounts of Carbon Dioxide (CO2) and Nitrogen Oxide (NOx) through operational and mobile emission 8 sources that will disperse throughout the area in and around the SPA Project Site.
Additionally, the Project would introduce large amounts of truck traffic to an area that was , not envisioned for truck traffic. The increase in truck traffic and air pollution by the SPA Project and the Warehouse Project would negatively affect the health, safety, and welfare of 10 those residing or working in the immediate area.
11 12 SECTION 5. The Planning Commission hereby recommends that the City Council deny 13 SPA No. 2020-0002, CDP No. 2020-0008, and PPD No. 2020-0014 on the grounds that they are 14 inconsistent with vision and goals of the Pepper Avenue Specific Plan and the General Plan, would 15 be a detriment to the air quality in the immediate area, and do not comply with the required findings 16 necessary for approval contained in Section 18.78.060.I of the Rialto Municipal Code, Section 17 18.66.020 of the Rialto Municipal Code, and Section 18.65.020.E of the Rialto Municipal Code. 18 SECTION 6. The Chairman of the Planning Commission shall sign the passage and 19 adoption of this resolution and thereupon the same shall take effect and be in force. 20 PASSED, APPROVED AND ADOPTED this 8th - day of_March. 2023. 21 22
23 (
24 JERRY GUTIERREZ, CHAIR
CITY OF RIALTO PLANNING COMMISSION
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1 STATE OF CALIFORNIA )
2 COUNTY OF SAN BERNARDINO ) SS
3 CITY OF RIALTO )
4 I, Kimberly Dame, Administrative Analyst of the City of Rialto, do hereby certify that the foregoing Resolution No. 2023-20 was duly passed and adopted at a regular meeting of the Planning Commission of the City of Rialto held on the 8th day of March, 2023. 8 Upon motion of Commissioner Dale Estvander, second by Commissioner Artist Gilbert, foregoing Resolution No. 2023-20 was duly passed and adopted. 10 11 Vote on the motion:
12 AYES: 4 (Gutierrez, Estvander, Gilbert, Gonzalez)
13 NOES: 0
14 ABSTENTION: 1 (Peukert)
15 ABSENT: 0
16 17 IN WITNESS WHEREOF, I have hereunto set my hand and the Official Seal of the City of 18 Rialto this 8th day of March, 2023.
19 20
21 Kimberly Dame
22 Administrative Analyst
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