RESOLUTION NO. XXXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RIALTO, CALIFORNIA certifyING the final Environmental Impact Report sch. 2022030161, as related to a proposed project consisting of A SPECIFIC PLAN AMENDMENT And the development of A 470,000 square foot industrial warehouse building on approximately 23.82 acres of land (APN’s: 0264-201-29 & 0264-201-30); adopt findings of fact related thereto, as required by public resources code section 21081(a) AND CEQA GUIDELINES, SECTION 15091; APPROVE A MITIGATION MONITORING AND REPORTING PROGRAM related thereto, AS REQUIRED BY PUBLIC RESOURCES CODE SECTION 21081.6 AND CEQA GUIDELINES SECTION 15097; and ADOPT THE STATEMENT OF OVERRIDING CONSIDERATIONS related thereto, AS REQUIRED BY PUBLIC RESOURCES CODE SECTION 21081(b) AND CEQA GUIDELINES SECTION 15093.
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, 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 (“CDP No. 2020-0008”) to facilitate the development and use of a 470,000 square foot industrial warehouse building on the Warehouse Site; and WHEREAS, in conjunction with the Warehouse Project, the applicant has submitted Precise Plan of Design No. 2020-0014 (“PPD No. 2020-0014”) to facilitate the development of a 470,000 square foot industrial warehouse building on the Warehouse Site; and WHEREAS, the SPA Project and the Warehouse Project are together referred to as “Project” or “project” herein; and WHEREAS, the City of Rialto (“City”) has undertaken review under the California Environmental Quality Act (“CEQA”), Public Resources Code Sections 21000, et seq. and California Code of Regulations (“CEQA Guidelines”) Title 14, Sections 15000, et seq.; and WHEREAS, the Applicant retained EPD Solutions, Inc., an environmental consulting firm, to prepare a subsequent environmental impact report (“SEIR”) for the Project; and WHEREAS, the City retained Enplanners, an environmental consulting firm, to conduct a peer review of the SEIR prepared for the Project by EPD Solutions, Inc.; and WHEREAS, on March 4, 2022, the City distributed a Notice of Preparation for Draft Environmental Impact Report SCH. 2022030161, for the Project, pursuant to CEQA Guidelines Section 15082 and Public Resources Code Section 21080.4, providing a 30-day period during which responsible agencies, trustee agencies, and members of the general public could provide comments to the City regarding the scope of the proposed EIR; and WHEREAS, pursuant to the authority and criteria contained in CEQA and the City of Rialto environmental guidelines, the City, as the Lead Agency, analyzed the Project and directed the Applicant to prepare a Draft Subsequent Environmental Impact Report (“DSEIR”), and determined that the proposed Project would have significant impacts related to air quality and greenhouse gas emissions from Project construction and operations; and WHEREAS, consistent with the requirements of CEQA Guidelines Section 15085, upon completing the DSEIR dated September 2022, the City filed a Notice of Completion on September 1, 2022 with the Office of Planning and Research; and WHEREAS, on September 2, 2022 consistent with the requirements of the Public Resources Code Section 21092 and CEQA Guidelines Section 15087, the City published a Notice of Availability of the DSEIR in the San Bernardino Sun newspaper, and, on September 2, 2022, posted the Notice of Availability at City Hall and mailed a Notice of Availability to all responsible and trustee agencies, all organizations and individuals who had requested notice, and all property owners located within a 1,000 foot radius of the Site; and WHEREAS, the Notice of Availability and Notice of Completion noticed all agencies, organizations, and the public that they had 45 days to provide comments on the contents of the DSEIR, which was available in hard copy for in-person review at City Hall – the Community Development Building - and available for download on the City of Rialto website, throughout the comment period; and WHEREAS, at the conclusion of the 45-day public review and comment period related to the DSEIR, the City directed the preparation of the Final Subsequent Environmental Impact Report dated January 2023 (“FSEIR”) pursuant to CEQA Guidelines Sections 15088, 15089 and 15132, which included the DSEIR, responses to public comments on the DSEIR, and a Mitigation Monitoring and Reporting Program; and WHEREAS, pursuant to CEQA Guidelines Section 15132, the FSEIR is required to be completed in compliance with CEQA, and pursuant to Section 21092.5 of CEQA, on February 23, 2023, the City sent via email and overnight mail the FSEIR, including written responses to comments, to all agencies, organizations, and persons that commented on the DSEIR; and WHEREAS, on February 24, 2023, the City published a Notice of Public Hearing that the Planning Commission would consider certification of the FSEIR and approval of the Project at its March 8, 2023 meeting in the San Bernardino Sun newspaper, posted the notice at City Hall, and mailed said notice to all property owners within a 1,000 foot radius of the Site as well as all to all organizations and individuals who had requested notice; and WHEREAS, on March 8, 2023, the Planning Commission conducted a public hearing, and considered the record of proceedings for the FSEIR, which includes, but is not limited to, the following:
(1) The Notice of Preparation for the Project (the “NOP”), and all other public notices issued by the City in connection with the Project; (2) The FSEIR dated January 2023;
(3) All written comments submitted by agencies or members of the public during any public review comment period on the DSEIR; (4) All written and verbal public testimony presented during a noticed public hearing for the Project at which such testimony was taken, including without limitation, the Staff Report to the Planning Commission, including all attachments, any and all presentations by City staff, the City’s consultants, the Applicant and the Applicant’s consultants, the public, and any other interested party; (5) The Mitigation Monitoring and Reporting Program for the Project (the “MMRP”); (6) The reports, studies and technical memoranda included and/or referenced in the DSEIR and the FSEIR and or their appendices; (7) All documents, studies, or other materials incorporated by reference in the DSEIR and the FSEIR; (8) All Ordinances and Resolutions presented to and/or to be adopted by the City in connection with the Project; and all documents incorporated by reference therein, specifically including, but not limited to, this Resolution and its exhibit; (9) Matters of common knowledge to the City, including but not limited, to federal, state, and local laws and regulations, adopted City plans, policies (including but not limited to the 2010 Rialto General Plan and the Pepper Avenue Specific Plan), and the professional qualifications of City staff members and consultants; (10) Any documents expressly cited in this Resolution and its exhibit, the Staff Report to the Planning Commission, the FSEIR which includes the DSEIR; and (11) Any other relevant materials required to be in the record of proceedings under Section 21167.6(e) of the Public Resources Code; and WHEREAS, on March 8, 2023, following the public hearing, the Planning Commission considered and discussed the adequacy of the proposed FSEIR as an informational document and applied their own independent judgment and analysis to review said FSEIR, and thereby desired to take action to recommend that the City Council certify the FSEIR, as having been completed in compliance with CEQA, based on the findings found therein; and WHEREAS, at its March 8, 2023 meeting, following the public hearing, the Planning Commission also considered and decided whether to approve or reject the Project at this time; and WHEREAS, on March 8, 2023, the Planning Commission voted 4-0 (1 vacancy & 2 vacancies) to recommend denial of the FSEIR and the Project to the City Council; and WHEREAS, on April 25, 2023, the City Council conducted a public hearing, and considered the record of proceedings for the FSEIR, which includes, but is not limited to, the following:
(1) The Notice of Preparation for the Project (the “NOP”), and all other public notices issued by the City in connection with the Project; (2) The FSEIR dated January 2023;
(3) All written comments submitted by agencies or members of the public during any public review comment period on the DSEIR; (4) All written and verbal public testimony presented during a noticed public hearing for the Project at which such testimony was taken, including without limitation, the Staff Report to the Planning Commission, including all attachments, any and all presentations by City staff, the City’s consultants, the Applicant and the Applicant’s consultants, the public, and any other interested party; (5) The Mitigation Monitoring and Reporting Program for the Project (the “MMRP”); (6) The reports, studies and technical memoranda included and/or referenced in the DSEIR and the FSEIR and or their appendices; (7) All documents, studies, or other materials incorporated by reference in the DSEIR and the FSEIR; (8) All Ordinances and Resolutions presented to and/or to be adopted by the City in connection with the Project; and all documents incorporated by reference therein, specifically including, but not limited to, this Resolution and its exhibit; (9) Matters of common knowledge to the City, including but not limited, to federal, state, and local laws and regulations, adopted City plans, policies (including but not limited to the 2010 Rialto General Plan and the Pepper Avenue Specific Plan), and the professional qualifications of City staff members and consultants; (10) Any documents expressly cited in this Resolution and its exhibit, the Staff Report to the Planning Commission, the FSEIR which includes the DSEIR; and (11) Any other relevant materials required to be in the record of proceedings under Section 21167.6(e) of the Public Resources Code; and WHEREAS, the City has not pre-committed to approving the Project or the FSEIR, and will not commit to any approval related to the Project until the Planning Commission and City Council consider and certify the FSEIR for the Project based upon all evidence presented; and WHEREAS, on April 25, 2023, following the public hearing, the City Council considered and discussed the adequacy of the proposed FSEIR as an informational document and applied their own independent judgment and analysis to review said FSEIR, and hereby desire to take action to certify the FSEIR, as having been completed in compliance with CEQA, based on the findings found herein; and WHEREAS, at its April 25, 2023 meeting, following the public hearing, the City Council also considered and decided whether to approve or reject the Project at this time; and WHEREAS, CEQA requires in Public Resources Section 21081 the following:
“Section 21081. Findings necessary for approval of project. Pursuant to the policy stated in Sections 21002 and 21002.1, no public agency shall approve or carry out a project for which an environmental impact report has been certified which identifies one or more significant effects on the environment that would occur if the project is approved or carried out unless both of the following occur:
(a) The public agency makes one or more of the following findings with respect to each significant effect:
(1) Changes or alterations have been required in, or incorporated into, the Project which mitigate or avoid the significant effects on the environment. (2) Those changes or alterations are within the responsibility and jurisdiction of another public agency and have been, or can and should be, adopted by that other agency. (3) Specific economic, legal, social, technological, or other considerations, including considerations for the provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or alternatives identified in the environmental impact report. (b) With respect to significant effects which were subject to a finding under paragraph (3) of subdivision (a), the public agency finds that specific overriding economic, legal, social, technological, or other benefits of the Project outweigh the significant effects on the environment.” 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: RECITALS. The City Council hereby specifically finds all of the facts set forth in the recitals above this Resolution are true, correct, and incorporated herein.
SECTION 2: FINDINGS. The FSEIR available at the Community Development Department office and provided concurrently with this Resolution, includes the DSEIR SCH No. 2022030161 dated September 2022 and all related appendices, the Response to Comments, and all related appendices and attachments to the FSEIR. The City Council finds, based upon the substantial evidence in the record of proceedings and the whole record before it, in the exercise of its independent judgment and analysis, that the FSEIR is, procedurally and substantively, in compliance with the requirements of CEQA:
Procedural Compliance: The FSEIR was prepared in procedural compliance with the requirements of CEQA:
Notice of Preparation. As described in the Recitals hereto, a Notice of Preparation was prepared in accordance with Section 15082 of CEQA.
Public Review. As described in the Recitals hereto, the City held multiple public review periods pursuant to the CEQA Guidelines.
Notice of Completion. As described in the Recitals hereto, the City has complied with CEQA Guidelines Sections 15085, 15086, 15087, and 15105 by providing a Notice of Completion of the DEIR to the State Clearinghouse and a Notice of Availability to responsible and trustee agencies and other persons and agencies as required.
Written Comments. As described in the Recitals hereto, the City has evaluated and responded to all written comments received during the public review period and included both comments and responses as part of the FSEIR pursuant to CEQA Guidelines Section 15088.
Findings Regarding Significant Effects that Can be Mitigated to Less Than Significant. The FSEIR identifies potentially significant effects on the environment that could result if the Project were adopted without changes or alterations in the Project and imposition of mitigation measures and further finds that changes, alterations, and mitigation measures have been incorporated into, or imposed as conditions of approval on, the Project. The City Council adopts the statements and findings in Exhibit A (Section III, titled “Impacts Mitigated to a Level of Less than Significant”) to this Resolution, which is attached hereto and incorporated herein by this reference. These avoidable significant effects are identified in Exhibit A (Section III) and include potentially significant impacts to air quality, biological resources, cultural resources, transportation, and tribal cultural resources. However, mitigation measures can be implemented to reduce these impacts to a level that is less than significant; changes have been required in, or incorporated into, the Project through the imposition of mitigation measures as described in Exhibit A (Section III). These mitigation measures identified in Exhibit B will be imposed pursuant to the MMRP found in Chapter 4.0 of the FSEIR. These changes, alterations, and mitigation measures are fully enforceable because they have either resulted in an actual change to the Project as proposed or they have been imposed as conditions of approval on the Project.
Findings Regarding Unavoidable Significant Impacts. The City Council adopts the statements and findings in Exhibit A (Section IV, titled “Significant and Unavoidable Environmental Impacts”) to this Resolution, which is attached hereto and incorporated herein by this reference. The Project has significant effects that cannot be mitigated to a less than significant level through the imposition of mitigation measures. These significant effects are identified in Exhibit A (Section IV). Specific economic, legal, social, technological, or other considerations are found to make the Proposed Project acceptable notwithstanding that even with the required mitigation measures, and consideration of project alternatives identified in the FSEIR for the significant impacts identified in Exhibit A (Section VII) all impacts cannot be reduced to less than significant levels, including those based upon the findings in Exhibit A (Section IV) to this resolution, and the findings in Exhibit A (Section VII) regarding the proposed alternatives. Therefore, those impacts are found to be significant and unavoidable.
Findings Regarding Less than Significant Impacts. In the course of the DSEIR evaluation, certain environmental impacts of the Project were found not to be significant. Any and all potential significant impacts discussed in the FSEIR that are not subject to paragraph 2(b) or 2(c), above, as either an avoidable significant impact, or as an unavoidable significant impact, are insignificant impacts to the environment. There exists no fair argument that the environmental conditions that were found not to be significant in the DSEIR will pose a significant environmental impact, due to the inability of a Project of this scope to create such impacts or the absence of Project characteristics producing significant effects of this nature.
SECTION 3: FEIR REVIEWED AND CONSIDERED. The City Council has reviewed and considered the information contained in the FSEIR and finds that the FSEIR has been completed in compliance with CEQA.
SECTION 4: ALTERNATIVES. The FSEIR identified potential environmental impacts of separate project alternatives compared to impacts from the proposed Project. These alternatives were selected based upon their ability to avoid or substantially lessen the significant effects of the proposed Project, while still achieving the primary Project objectives. Most alternatives are hereby found infeasible due to lack of alternative site availability, failure to meet basic Project objectives, or the fact that some alternatives would still have the same types of significant and unavoidable impacts as the Project. The City Council hereby adopts the Statement of Findings on rejection of Project Alternatives in Exhibit A (Section VII, titled “Alternatives”) to this Resolution, which is attached hereto and incorporated herein by this reference.
SECTION 5: STATEMENT OF OVERRIDING CONSIDERATIONS. The City Council finds, pursuant to CEQA Section 21081(b) and CEQA Guidelines Section 15093, that the specific economic, legal, social, technological and other benefits of the Project outweigh the Project's unavoidable adverse environmental impacts, and therefore, the impacts are acceptable. The City Council hereby adopts the Statement of Overriding Considerations in Exhibit A (Section VIII, titled “Statement of Overriding Considerations”) to this Resolution, which is attached hereto and incorporated herein by this reference. The City Council finds that each of the Significant and Unavoidable Impacts identified in Exhibit A (Section IV) may be considered acceptable for the reasons cited therein and considered together with the Project applicant’s entering into a Community Benefit Agreement with the City pursuant to which the Project applicant will provide voluntary contributions to the City, and to other organizations within the City, in excess of $11,000,000 for education, small business technical assistance and training, funding for public services, funding for public facilities, and support for a trained, well-paid workforce.
SECTION 6: MITIGATION MONITORING. The City as lead agency adopts the MMRP for the changes made to the Project that it has adopted in order to mitigate or avoid significant effects on the environment. Pursuant to Public Resources Code Section 21081.6, the MMRP set forth as Chapter 4.0 of the FSEIR to this Resolution, which is attached hereto as Exhibit B and incorporated herein by this reference, is hereby adopted to ensure that all mitigation measures adopted for the Project are fully implemented. The City Council hereby adopts the MMRP to ensure compliance with mitigation measures during Project implementation. As required by Public Resources Code Section 21081.6, the MMRP designates responsibility and anticipated timing for the implementation of the mitigation measures recommended in the FSEIR. The MMRP will remain available for public review during the compliance period.
SECTION 7: CERTIFICATION. Based on the above facts and findings, the City Council hereby certifies the FSEIR for the Project as accurate and adequate. The City Council certifies that the FSEIR was completed in compliance with CEQA and the CEQA Guidelines.
SECTION 8: The Mayor shall sign the passage and adoption of this resolution and thereupon the same shall take effect and be in force.
PASSED, APPROVED AND ADOPTED this 23rd day of June, 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
EXHIBIT A
CEQA FINDINGS OF FACT FOR THE PEPPER AVENUE SPECIFIC PLAN AND INDUSTRIAL DEVELOPMENT PROJECT RIALTO, CALIFORNIA STATE CLEARINGHOUSE NO. 2022030161 [See Following Pages]
.
END OF EXHIBIT A
EXHIBIT B
END OF EXHIBIT B
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