RESOLUTION NO. XXXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RIALTO, CALIFORNIA, DENYING SPECIFIC PLAN AMENDMENT NO. 2020-0002, CONDITIONAL DEVELOPMENT PERMIT NO. 2020-0008, AND PRECISE PLAN OF DESIGN NO. 2020-0014.
WHEREAS, the applicant, Howard Industrial Partners, Inc. (“Applicant”) proposes to develop and operate a 470,000 square foot industrial warehouse building (“Warehouse Project”) on approximately 23.82 acres of land (APNs: 0264-201-29 & 0264-201-30) located on the east side of Pepper Avenue approximately 500 feet south of the SR-210 Freeway within Planning Area 2 and Planning Area 3 of the Pepper Avenue Specific Plan (“Warehouse Project Site”); and WHEREAS, the Pepper Avenue Specific Plan consists of approximately 101.7 acres of land (APN’s: 0264-191-02, -04, -13, & -14 and 0264-201-08, -25, -27, -28, -29, -30, & -31) generally located east of Eucalyptus Avenue, south of the SR-210 Freeway, west of Meridian Avenue, and north of Walnut Avenue; and WHEREAS, the primary objective of the Pepper Avenue Specific Plan is to create an eastern gateway into the City of Rialto that offers new retail opportunities and creates a sense of place through the incorporation of specific features including a “main street”, a pedestrian-oriented town center, a pedestrian connection to Frisbie Park to the west, a retail plaza, and a comprehensive landscape theme; and WHEREAS, according to Section 5.5.2 (Prohibited Uses) of the Pepper Avenue Specific Plan, the development and operation of industrial warehouse buildings, such as the Warehouse Project, is prohibited within the entirety of the Pepper Avenue Specific Plan area; and WHEREAS, in conjunction with the Warehouse Project, the applicant has submitted Specific Plan Amendment No. 2020-0002 (“SPA No. 2020-0002”) to amend the Pepper Avenue Specific Plan (“SPA Project”), and the SPA Project is necessary to facilitate the Warehouse Project; and WHEREAS, the site for the SPA Project is the entirety of the Pepper Avenue Specific Plan area, which consists of eleven (11) parcels of land (APNs: 0264-191-02, -04, -13, & -14 and 0264-201-08, -25, -27, -28, -29, -30, & -31) approximately 101.7 acres in size and generally located south of the SR-210 Freeway, north of Walnut Avenue, east of Eucalyptus Avenue west of Meridian Avenue (“SPA Project Site”); and WHEREAS, the SPA Project proposes an amended version of the Pepper Avenue Specific Plan with the following components:
Provision of a new “Light Industrial” land use designation that will allow warehouses and logistics centers as permitted uses; and 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 2.63 acres, and Planning Area 10, encompassing 11.64 acres; and Amending the land use designations of Planning Areas 2, 3, and 10 from Community 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 overlay on Planning Area 3 will be preserved in place; and Various traffic circulation improvements, such as provisions of new access points and new medians; and Various textual and graphic amendments related to the changes listed above; and WHEREAS, in conjunction with the Warehouse Project, the applicant has submitted Conditional Development Permit No. 2020-0008 to facilitate the development and use of a 470,000 square foot industrial warehouse building on the Warehouse Site (“CDP No. 2020-0008”); and WHEREAS, in conjunction with the Warehouse Project, the applicant has submitted Precise Plan of Design No. 2020-0014 to facilitate the development of a 470,000 square foot industrial warehouse building on the Warehouse Site (“PPD No. 2020-0014”); and WHEREAS, on March 8, 2023, the Planning Commission of the City of Rialto conducted a duly noticed public hearing, as required by law, on SPA No. 2020-0002, CDP No. 2020-0008, and PPD No. 2020-0014, took testimony, at which time it received input from staff, the city attorney; heard public testimony; discussed the proposed SPA No. 2020-0002, CDP No. 2020-0008, and PPD No. 2020-0014; and closed the public hearing; and WHEREAS, on March 8, 2023, the Planning Commission voted 4-0 (1 recusal & 2 vacancies) to recommend denial of SPA No. 2020-0002, CDP No. 2020-0008, and PPD No. 2020-0014 to the City Council; and WHEREAS, on April 25, 2023, the City Council of the City of Rialto conducted a duly noticed public hearing, as required by law, on SPA No. 2020-0002, CDP No. 2020-0008, and PPD No. 2020-0014, took testimony, at which time it received input from staff, the city attorney, and the applicant; heard public testimony; discussed SPA No. 2020-0002, CDP No. 2020-0008, and PPD No. 2020-0014; and closed the public hearing; and WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred.
NOW, THEREFORE, the City Council hereby finds, determines, and resolves as follows:
SECTION 1. The City Council hereby specifically finds that all of the facts set forth in the recitals above of this Resolution are true and correct and incorporated herein.
SECTION 2. Based on substantial evidence presented to the City Council during the public hearing conducted with regard to SPA No. 2020-0002, including written staff reports, verbal testimony, project plans, other documents, and the conditions of approval stated herein, the City Council hereby determines that SPA No. 2020-0002 does not satisfy the requirements of Government Code Sections 65358 and 65453 and Section 18.78.060I of the Rialto Municipal Code pertaining to the findings which must be made precedent to amending a Specific Plan. As documented below, the Project does not satisfy findings number 1, 3, and 5. The findings are as follows:
That the proposed Specific Plan Amendment is consistent with the goals and policies of the General Plan and its purposes, standards and land use guidelines; and This finding is supported by the following facts:
The 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 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 uses approved within the Pepper Avenue Specific Plan include only commercial land uses (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 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 land use designation within the Specific Plan that would eliminate the inconsistency.
However, General Plan Goals 2-8, 2-9, 2-14, 2-19, and 2-22, encourage and require 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, parks, and other sensitive land uses from the impacts associated with industrial and trucking-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 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 Quality and Greenhouse Gas Emissions that were identified in the Subsequent Environmental Impact Report (Environmental Assessment Review No. 2020-0010) that was prepared for the SPA Project and the Warehouse Project.
That the proposed Specific Plan Amendment results in development of desirable character, which will be compatible with existing and proposed development in the surrounding neighborhood; and This finding cannot be supported because of the following facts:
The primary objective of the Pepper Avenue Specific Plan is to create an eastern gateway into the City of Rialto that offers new retail opportunities and promotes the identity of the Pepper Avenue neighborhood. Contrary to the stated objective, the SPA Project and the Warehouse 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 the potential for an additional 250,185 square feet of industrial warehouse floor area on 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.
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 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 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 to the large physical scale of the warehouse buildings, their heavy use of truck traffic, and their significant and unavoidable impacts to Air Quality and Greenhouse Gas Emissions that were identified in the Subsequent Environmental Impact Report (Environmental Assessment Review No. 2020-0010) that was prepared for the SPA Project and the Warehouse Project.
That the proposed Specific Plan Amendment respects the environmental and aesthetic assets of the community consistent with economic realities; and This finding cannot be supported because of the following facts:
According to the Subsequent Environmental Impact Report (Environmental Assessment 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 result from the buildout of the SPA Project and Warehouse Project. Specifically, the SPA 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 emission sources.
Additionally, the Warehouse Project does not integrate the aesthetic concepts envisioned in 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.
SECTION 3. Based on substantial evidence presented to the City Council during the public hearing conducted with regard to CDP No. 2020-0008, including written staff reports, verbal testimony, project plans, and other documents, the City Council hereby determines that CDP No. 2020-0008 does not satisfy the requirements of Section 18.66.020 of the Rialto Municipal Code pertaining to the findings which must be made precedent to granting a Conditional Development Permit. As documented below, the Project does not satisfy findings number A, B, and F. The findings are as follows:
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 or community.
This finding cannot be supported because of the following facts:
The primary objective of the Pepper Avenue Specific Plan is to create an eastern gateway into the City of Rialto that offers new retail opportunities and promotes the identity of the Pepper Avenue neighborhood. Contrary to the stated objective, the SPA Project and the Warehouse 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 the potential for an additional 250,185 square feet of industrial warehouse floor area on 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.
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 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 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 to the large physical scale of the warehouse buildings, their heavy use of truck traffic, and their significant and unavoidable impacts to Air Quality and Greenhouse Gas Emissions that were identified in the Subsequent Environmental Impact Report (Environmental Assessment Review No. 2020-0010) that was prepared for the SPA Project and the Warehouse Project.
The proposed use will not be detrimental or injurious to health, safety, or general welfare of persons residing or working in the vicinity.
This finding cannot be supported because of the following facts:
According to the Subsequent Environmental Impact Report (Environmental Assessment 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 result from the buildout of the SPA Project and Warehouse Project. Specifically, the SPA 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 emission sources.
Additionally, the Project will increase truck traffic in the immediate area, which will create further traffic delays on local streets that will negatively affect persons residing or working in the vicinity.
F. 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 benefits conferred upon the community or neighborhood as a whole.
This finding cannot be supported because of the following facts:
The SPA Project and the Warehouse Project will generate an increase in truck traffic and air 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 unavoidable amounts of Carbon Dioxide (CO2) and Nitrogen Oxide (NOx) through operational and mobile emission sources, as identified in the Subsequent Environmental Impact Report (Environmental Assessment Review No. 2020-0010) prepared for the SPA Project and the Warehouse Project. Additionally, 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 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 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 to the large physical scale of the warehouse buildings, their heavy use of truck traffic, and their significant and unavoidable impacts to Air Quality and Greenhouse Gas Emissions. These adverse effects do not outweigh any benefits posed by the implementation of the Project.
SECTION 4. Based on substantial evidence presented to the City Council during the public hearing conducted with regard to PPD No. 2020-0014, including written staff reports, verbal testimony, project plans, other documents, and the conditions of approval stated herein, the City Council hereby determines that PPD No. 2020-0014 does not satisfy the requirements of Section 18.65.020E of the Rialto Municipal Code pertaining to the findings which must be made precedent to granting a Precise Plan of Design. As documented below, the Project does not satisfy finding number 3. The findings are as follows:
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 general public.
This finding cannot be supported because of the following facts:
As identified in the Subsequent Environmental Impact Report (Environmental Assessment 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 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 those residing or working in the immediate area.
SECTION 5. The City Council hereby denies SPA No. 2020-0002, CDP No. 2020-0008, and PPD No. 2020-0014 on the grounds that they are inconsistent with vision and goals of the Pepper Avenue Specific Plan and the General Plan, would be a detriment to the air quality in the immediate area, and do not comply with the required findings necessary for approval contained in Section 18.78.060.I of the Rialto Municipal Code, Section 18.66.020 of the Rialto Municipal Code, and Section 18.65.020.E of the Rialto Municipal Code.
SECTION 6. The City Council shall sign the passage and adoption of this resolution and thereupon the same shall take effect and be in force.
PASSED, APPROVED, AND ADOPTED this 25th day of April, 2023. _________________________________
DEBORAH ROBERTSON, MAYOR
ATTEST:
__________________________________
BARBARA MCGEE, CITY CLERK
APPROVED AS TO FORM:
__________________________________
ERIC S. VAIL, CITY ATTORNEY
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss
CITY OF RIALTO )
I, BARBARA MCGEE, City Clerk of the City of Rialto, do hereby certify that the foregoing Resolution No. _________ was duly passed and adopted at a regular meeting of the City Council of the City of Rialto held on the ______ day of ___________________, 2023.
Upon motion of Councilmember _______________, seconded by Councilmember ___________________, the foregoing Resolution No. _________ was duly passed and adopted.
Vote on the motion:
AYES:
NOES:
ABSENT:
IN WITNESS WHEREOF, I have hereunto set my hand and the Official Seal of the City of Rialto this ______ day of __________________, 2023. ________________________________
BARBARA MCGEE, CITY CLERK
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