1 RESOLUTION NO. 2023-34
2 A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF RIALTO, CALIFORNIA RECOMMENDING THAT THE
CITY COUNCIL CERTIFY THE FINAL ENVIRONMENTAL
4 IMPACT REPORT SCH. 2020120036, AS RELATED TO A
PROPOSED PROJECT CONSISTING OF THE SUBDIVISION OF
5 ONE (1) PARCEL OF LAND INTO TWO (2) NEW PARCELS OF
6 LAND, THE DEVELOPMENT OF ONE (1) 430,581 SQUARE
FOOT INDUSTRIAL WAREHOUSE BUILDING, AND THE
7 DEVELOPMENT OF ONE (1) 249,026 SQUARE FOOT
INDUSTRIAL WAREHOUSE BUILDING ON SAID PARCELS OF
8 LAND; ADOPT FINDINGS OF FACT RELATED THERETO, AS
9 REQUIRED BY PUBLIC RESOURCES CODE SECTION 21081(a)
AND CEQA GUIDELINES, SECTION 15091; APPROVE A
10 MITIGATION MONITORING AND REPORTING PROGRAM
11 RELATED THERETO, AS REQUIRED BY PUBLIC RESOURCES
CODE SECTION 21081.6 AND CEQA GUIDELINES SECTION
12 15097; AND ADOPT THE STATEMENT OF OVERRIDING
CONSIDERATIONS RELATED THERETO, AS REQUIRED BY
13 PUBLIC RESOURCES CODE SECTION 21081(b) AND CEQA
14 GUIDELINES SECTION 15093
15 WHEREAS, the applicant, Crow Holdings Industrial, LLC, ("Applicant") proposes to 16 subdivide one (1) parcel of land (APN: 0264-213-18) located on the north side of Baseline Road 17 approximately 350 feet east of Fitzgerald Avenue within the Airport-Related Planned Industrial 18 Development (I-AR) land use district of the Rialto Airport Specific Plan ("Site") into two (2) new 19 parcels - Parcel 1 (18.29 net acres) and Parcel 2 (12.80 net acres), develop and operate a 430,581 20 square foot industrial warehouse building on Parcel 1, and develop and operate a 249,026 square 21 foot industrial warehouse building on Parcel 2 ("Project"); and 22 WHEREAS, the City of Rialto ("City") has undertaken review under the California 23 Environmental Quality Act ("CEQA"), Public Resources Code Sections 21000, et seg. and 24 California Code of Regulations ("CEQA Guidelines") Title 14, Sections 15000, et seq.; and 25 WHEREAS, the Applicant retained Kimley-Horn and Associates, Inc., an environmental 26 consulting firm, to prepare an environmental impact report ("EIR") for the Project; and 27 28
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1 WHEREAS, the City retained EcoTierra Consultants, an environmental consulting firm, to 2 conduct a peer review of the EIR prepared for the Project by Kimley-Horn and Associates, Inc.; and
4 WHEREAS, on December 2, 2020, the City distributed a Notice of Preparation for Draft 5 Environmental Impact Report SCH. 2020120036, for the Project, pursuant to CEQA Guidelines 6 Section 15082 and Public Resources Code Section 21080.4, providing a 45-day period during 7 which responsible agencies, trustee agencies, and members of the general public could provide 8 comments to the City regarding the scope of the proposed EIR; and 9 WHEREAS, pursuant to the authority and criteria contained in CEQA and the City of 10 Rialto environmental guidelines, the City, as the Lead Agency, analyzed the Project and directed 11 the Applicant to prepare a Draft Environmental Impact Report ("DEIR"), and determined that the 12 proposed Project would have significant impacts related to transportation/traffic from Project 13 construction and operations; and
14 WHEREAS, consistent with the requirements of CEQA Guidelines Section 15085, upon 15 completing the DEIR dated December 2021, the City filed a Notice of Completion on December 16 1, 2021 with the Office of Planning and Research; and 17 WHEREAS, on December 7, 2021 consistent with the requirements of the Public 18 Resources Code Section 21092 and CEQA Guidelines Section 15087, the City published a Notice 19 of Availability of the DEIR in the San Bernardino Sun newspaper, and, on December 7, 2021, 20 posted the Notice of Availability at City Hall and mailed a Notice of Availability to all responsible 21 and trustee agencies, all organizations and individuals who had requested notice, and all property 22 owners located within a 300 foot radius of the Site; and 23 WHEREAS, the Notice of Availability and Notice of Completion noticed all agencies, 24 organizations, and the public that they had 45 days to provide comments on the contents of the 25 DEIR, which was available in hard copy for in-person review at City Hall - the Community 26 Development Building - and available for download on the City of Rialto website, throughout the 27 comment period; and
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1 WHEREAS, at the conclusion of the 45-day public review and comment period related to 2 the DEIR, the City directed the preparation of the Final Environmental Impact Report dated April 3 2022 ("FEIR") pursuant to CEQA Guidelines Sections 15088, 15089 and 15132, which included 4 the DEIR, responses to public comments on the DEI, and a Mitigation Monitoring and Reporting 5 Program; and
6 WHEREAS, pursuant to CEQA Guidelines Section 15132, the FEIR is required to be 7 completed in compliance with CEQA, and pursuant to Section 21092.5 of CEQA, on April 7, 8 2022, the City sent via email and overnight mail the FEIR, including written responses to 9 comments, to all agencies, organizations, and persons that commented on the DEIR; and WHEREAS, on April 14, 2023, the City published a Notice of Public Hearing that the 11 Planning Commission would consider certification of the FEIR and approval of the Project at its 12 April 26, 2023 meeting in the San Bernardino Sun newspaper, posted the notice at City Hall, and 13 mailed said notice to all property owners within a 300 foot radius of the Site as well as all to all 14 organizations and individuals who had requested notice; and 15 WHEREAS, on April 26, 2023, the Planning Commission conducted a public hearing, and 16 considered the record of proceedings for the FEIR, which includes, but is not limited to, the 17 following:
18 (1) The Notice of Preparation for the Project (the "NOP"), and all other public notices 19 issued by the City in connection with the Project;
20 (2) The FEIR dated April 2022;
21 (3) All written comments submitted by agencies or members of the public during any 22 public review comment period on the DEIR;
23 (4) All written and verbal public testimony presented during a noticed public hearing for 24 the Project at which such testimony was taken, including without limitation, the Staff 25 Report to the Planning Commission, including all attachments, any all presentations by 26 City staff, the City's consultants, the Applicant and the Applicant's consultants, the 27 public, and any other interested party;
28 (5) The Mitigation Monitoring and Reporting Program for the Project (the "MMRP"); -3-
1 (6) The reports, studies and technical memoranda included and/or referenced in the DEIR 2 and the FEIR and or their appendices;
3 (7) All documents, studies, or other materials incorporated by reference in the DEIR and 4 the FEIR;
5 (8) All Ordinances and Resolutions presented to and/or to be adopted by the City in 6 connection with the Project; and all documents incorporated by reference therein, 7 specifically including, but not limited to, this Resolution and its exhibit; 8 (9) Matters of common knowledge to the City, including but not limited, to federal, state, 9 and local laws and regulations, adopted City plans, policies (including but not limited 10 to the 2010 Rialto General Plan and the Rialto Airport Specific Plan), and the 11 professional qualifications of City staff members and consultants; 12 (10) Any documents expressly cited in this Resolution and its exhibit, the Staff Report to 13 the Planning Commission, the FEIR which includes the DEIR; and 14 (11) Any other relevant materials required to be in the record of proceedings under Section 15 21167.6(e) of the Public Resources Code; and
16 WHEREAS, the City has not pre-committed to approving the Project or the FEIR, and will 17 not commit to any approval related to the Project until the Planning Commission and City Council 18 consider and certify the FEIR for the Project based upon all evidence presented; and 19 WHEREAS, on April 26, 2023, following the public hearing, the Planning Commission 20 considered and discussed the adequacy of the proposed FEIR as an informational document and 21 applied their own independent judgment and analysis to review said FEIR, and hereby desire to 22 take action to recommend that the City Council certify the FEIR, as having been completed in 23 compliance with CEQA, based on the findings found herein; and 24 WHEREAS, at its April 26, 2023, meeting, following the public hearing, the Planning 25 Commission also considered and decided whether to approve or reject the Project at this time; and 26 WHEREAS, CEQA requires in Public Resources Section 21081 the following:
27 "Section 21081. Findings necessary for approval of project. Pursuant to the policy stated 28 in Sections 21002 and 21002.1, no public agency shall approve or carry out a project for -4-
which an environmental impact report has been certified which identifies one or more 2 significant effects on the environment that would occur if the project is approved or carried 3 out unless both of the following occur:
4 (a) The public agency makes one or more of the following findings with respect to each 5 significant effect:
6 (1) Changes or alterations have been required in, or incorporated into, the Project 7 which mitigate or avoid the significant effects on the environment. 8 (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 10 agency.
(3) Specific economic, legal, social, technological, or other considerations, 12 including considerations for the provision of employment opportunities for highly 13 trained workers, make infeasible the mitigation measures or alternatives identified 14 in the environmental impact report.
15 (b) With respect to significant effects which were subject to a finding under paragraph (3) 16 of subdivision (a), the public agency finds that specific overriding economic, legal, social, 17 technological, or other benefits of the Project outweigh the significant effects on the 18 environment."
19 WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred. 20 NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS, that the Planning Commission of 21 the City of Rialto hereby do find, determine, and declare based upon the evidence presented as 22 follows:
23 SECTION 1: RECITALS. The Planning Commission hereby finds all of the above recitals 24 to be true and correct.
25 SECTION 2: FINDINGS. The FEIR available at the Community Development 26 Department office and provided concurrently with this Resolution, includes the DEIR SCH No. 27 2020120036 dated December 2021 and all related appendices, the Response to Comments, and all 28 related appendices and attachments to the FEIR. The Planning Commission finds, based upon the -5-
1 substantial evidence in the record of proceedings and the whole record before it, in the exercise of 2 its independent judgment and analysis, that the FEIR is, procedurally and substantively, in 3 compliance with the requirements of CEQA:
4 a. Procedural Compliance: The Final EIR was prepared in procedural 5 compliance with the requirements of CEQA:
6 1. Notice of Preparation. As described in the Recitals hereto, a Notice 7 of Preparation was prepared in accordance with Section 15082 of 8 CEQA.
9 2. Public Review. As described in the Recitals hereto, the City held 10 multiple public review periods pursuant to the CEQA Guidelines. 11 3. Notice of Completion. As described in the Recitals hereto, the City 12 has complied with CEQA Guidelines Sections 15085, 15086, 13 15087, and 15105 by providing a Notice of Completion of the DEIR 14 to the State Clearinghouse and a Notice of Availability to 15 responsible and trustee agencies and other persons and agencies as 16 required.
4. Written Comments. As described in the Recitals hereto, the City 18 has evaluated and responded to all written comments received 19 during the public review period and included both comments and 20 responses as part of the FEIR pursuant to CEQA Guidelines Section 21 15088.
22 b. Findings Regarding Significant Effects that Can be Mitigated to Less 23 Than Significant. The FEIR identifies potentially significant effects on 24 the environment that could result if the Project were adopted without 25 changes or alterations in the Project and imposition of mitigation 26 measures and further finds that changes, alterations, and mitigation 27 measures have been incorporated into, or imposed as conditions of 28 approval on, the Project. The Planning Commission adopts the statements -6-
1 and findings in Exhibit A (Section 5, titled "Environmental Impacts 2 Found to be Less Than Significant with Mitigation Incorporated") to this 3 Resolution, which is attached hereto and incorporated herein by this 4 reference. These avoidable significant effects are identified in Exhibit A 5 (Section 5) and include potentially significant impacts to air quality, 6 biological resources, cultural resources, geology and soils, and hazards 7 and hazardous materials. However, mitigation measures can be 8 implemented to reduce these impacts to a level that is less than significant; 9 changes have been required in, or incorporated into, the Project through 10 the imposition of mitigation measures as described in Exhibit A (Section 11 5). These mitigation measures identified in Exhibit A will be imposed 12 pursuant to the MMRP found at Section 3.0 in the FEIR. These changes, 13 alterations, and mitigation measures are fully enforceable because they 14 have either resulted in an actual change to the Project as proposed or they 15 have been imposed as conditions of approval on the Project. 16 c. Findings Regarding Unavoidable Significant Impacts. The Planning 17 Commission adopts the statements and findings in Exhibit A (Section 6, 18 titled "Environmental Impacts Found to be Significant and Unavoidable") 19 to this Resolution, which is attached hereto and incorporated herein by 20 this reference. The Project has significant effects that cannot be mitigated 21 to a less than significant level through the imposition of mitigation 22 measures. These significant effects are identified in Exhibit A (Section 23 6). Specific economic, legal, social, technological, or other considerations 24 are found to make the Proposed Project acceptable notwithstanding that 25 even with the required mitigation measures, and consideration of project 26 alternatives identified in the FEIR for the significant impacts identified in 27 Exhibit A (Section 7) all impacts cannot be reduced to less then and 28 significant levels, including those based upon the findings in Exhibit A -7-
1 (Section 6) to this resolution, and the findings in Exhibit A (Section 7) 2 regarding the proposed alternatives. Therefore, those impacts are found 3 to be significant and unavoidable.
4 d. Findings Regarding Less than Significant Impacts. In the course of the 5 DEIR evaluation, certain environmental impacts of the Project were found 6 not to be significant. Any and all potential significant impacts discussed 7 in the FEIR that are not subject to paragraph 2(b) or 2(c), above, as either 8 an avoidable significant impact, or as an unavoidable significant impact, are insignificant impacts to the environment. There exists no fair 10 argument that the environmental conditions that were found not to be 11 significant in the DEIR will pose a significant environmental impact, due 12 to the inability of a Project of this scope to create such impacts or the 13 absence of Project characteristics producing significant effects of this 14 nature.
15 SECTION 3: FEIR REVIEWED AND CONSIDERED. The Planning Commission has 16 reviewed and considered the information contained in the FEIR and finds that the FEIR has been 17 completed in compliance with CEQA.
18 SECTION 4: ALTERNATIVES. The FEIR identified potential environmental impacts of 19 separate project alternatives compared to impacts from the proposed Project. These alternatives 20 were selected based upon their ability to avoid or substantially lessen the significant effects of the 21 proposed Project, while still achieving the primary Project objectives. Most alternatives are hereby 22 found infeasible due to lack of alternative site availability, failure to meet basic Project objectives, 23 or the fact that some alternatives would still have the same types of significant and unavoidable 24 impacts as the Project. The Planning Commission hereby recommends that the City Council adopt 25 the Statement of Findings on rejection of Project Alternatives in Exhibit A (Section 7, titled 26 "Alternatives to the Proposed Project") to this Resolution, which is attached hereto and 27 incorporated herein by this reference.
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1 SECTION 5: STATEMENT OF OVERRIDING CONSIDERATIONS. The Planning 2 Commission finds, pursuant to CEQA Section 21081(b) and CEQA Guidelines Section 15093, 3 that the specific economic, legal, social, technological and other benefits of the Project outweigh 4 the Project's unavoidable adverse environmental impacts, and therefore, the impacts are 5 acceptable. The Planning Commission hereby recommends that the City Council adopt the 6 Statement of Overriding Considerations in Exhibit A (Section 10, titled "Statement of Overriding 7 Considerations") to this Resolution, which is attached hereto and incorporated herein by this 8 reference. The Planning Commission finds that each of the Significant and Unavoidable Impacts 9 identified in Exhibit A (Section 6) may be considered acceptable for the reasons cited. 10 SECTION 6: MITIGATION MONITORING. The City as lead agency adopts the MMRP 11 for the changes made to the Project that it has adopted in order to mitigate or avoid significant 12 effects on the environment. Pursuant to Public Resources Code Section 21081.6, the MMRP set 13 forth as Section 3.0 to the FEIR to this Resolution, which is attached hereto and incorporated herein 14 by this reference, is hereby adopted to ensure that all mitigation measures adopted for the Project 15 are fully implemented. The Planning Commission hereby recommends that the City Council adopt 16 the MMRP to ensure compliance with mitigation measures during Project implementation. As 17 required by Public Resources Code Section 21081.6, the MIMRP designates responsibility and 18 anticipated timing for the implementation of the mitigation measures recommended in the FEIR. 19 The MMRP will remain available for public review during the compliance period. 20 SECTION 8: RECOMMENDATION OF CERTIFICATION. Based on the above facts 21 and findings, the Planning Commission hereby recommends that the City Council certify the FEIR 22 for the Project as accurate and adequate. The Planning Commission further recommends that the 23 City Council certify that the FEIR was completed in compliance with CEQA and the CEQA 24 Guidelines.
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1 SECTION 9: The Chairman of the Planning Commission shall sign the passage and 2 adoption of this resolution and thereupon the same shall take effect and be in force. 3 PASSED, APPROVED, AND ADOPTED this 26th day of April, 2023. 4 5
6 7
JERRY GUTIERREZ, CHAIR
8 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. 2023-34 was duly passed and adopted at a regular meeting of the Planning 7 Commission of the City of Rialto held on the 26th day of April, 2023. 8 Upon motion of Commissioner Dale Estvander, second by Commissioner Frank Gonzalez, foregoing Resolution No. 2023-34 was duly passed and adopted. 10 11 Vote on the motion:
12 AYES: 4 (Gutierrez, Peukert, Estvander, Gonzalez)
13 NOES: 0
14 ABSTENTION: 1 (Gilbert)
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 26th day of April, 2023.
19 20
21 Kimberly Dame
22 Administrative Analyst
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RESOLUTION NO. 2023-35
1 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF RIALTO, CALIFORNIA RECOMMENDING THAT
THE CITY COUNCIL APPROVE TENTATIVE PARCEL MAP
4 NO. 2020-0001 TO ALLOW THE SUBDIVISION OF ONE (1)
31.61 GROSS ACRE PARCEL OF LAND (APN: 0264-213-18)
5 LOCATED ON THE NORTH SIDE OF BASELINE ROAD
6 APPROXIMATELY 350 FEET EAST OF FITZGERALD AVENUE
WITHIN THE AIRPORT-RELATED PLANNED INDUSTRIAL
7 DEVELOPMENT (I-AR) LAND USE DISTRICT OF THE RIALTO
AIRPORT SPECIFIC PLAN INTO TWO (2) NEW PARCELS OF
8 LAND - PARCEL 1 (18.29 NET ACRES) AND PARCEL 2 (12.80 9 NET ACRES) - TO FACILITATE THE DEVELOPMENT OF ONE
(1) 430,581 SQUARE FOOT INDUSTRIAL WAREHOUSE
10 BUILDING AND ONE (1) 249,026 SQUARE FOOT INDUSTRIAL
WAREHOUSE BUILDING THEREON.
11 12 WHEREAS, the applicant, Crow Holdings Industrial, LLC, proposes to subdivide one 13 31.61 gross acre parcel of land (APN: 0264-213-18) located on the north side of Baseline Road 14 approximately 350 feet east of Fitzgerald Avenue within the Airport-Related Planned Industrial 15 Development (I-AR) land use district of the Rialto Airport Specific Plan ("Site") into two (2) new 16 parcels of land - Parcel 1 (18.29 net acres) and Parcel 2 (12.80 net acres) ("Project"); and 17 WHEREAS, the Project within the I-AR land use district requires the approval of a 18 tentative parcel map, and the Applicant has agreed to apply for a Tentative Parcel Map No. 2020- 19 0001, also referred to as Tentative Parcel Map No. 20195, ("TPM No. 20195), in accordance with 20 Government Code Sections 66473.5 and 66474; and
21 WHEREAS, in conjunction with the Project, the applicant has applied for Conditional 22 Development Permit No. 2020-0002 ("CDP No. 2020-0002") to facilitate the development and 23 operation of one (1) 430,581 square foot industrial warehouse building on Parcel 1 and one (1) 24 249,026 square foot industrial warehouse building on Parcel 2; and 25 WHEREAS, in conjunction with the Project, the applicant has applied for Precise Plan of 26 Design No. 2020-0003 ("PPD No. 2020-0003") to facilitate the development of one (1) 430,581 27 square foot industrial warehouse building and Parcel 1 and one (1) 249,026 square foot industrial 28 warehouse building on Parcel 2; and
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1 WHEREAS, on April 26, 2023, the Planning Commission of the City of Rialto conducted 2 a duly noticed public hearing, as required by law, on TPM No. 20195, CDP No. 2020-0002, and 3 PPD No. 2020-0003, took testimony, at which time it received input from staff, the city attorney, 4 and the applicant; heard public testimony; discussed the proposed TPM No. 20195, CDP No. 2020- 5 0002, and PPD No. 2020-0003; and closed the public hearing; and 6 WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Rialto 8 as follows:
9 SECTION 1. The Planning Commission hereby specifically finds that all of the facts set forth 10 in the recitals above of this Resolution are true and correct and incorporated herein. 11 SECTION 2. Based on substantial evidence presented to the Planning Commission during 12 the public hearing conducted with regard to TPM No. 20195, including written staff reports, verbal 13 testimony, site plan, other documents, and the conditions of approval stated herein, the Planning 14 Commission hereby determines that TPM No. 20195 satisfies the requirements of Government Code 15 Sections 66473.5 and 66474 pertaining to the findings which must be made precedent to approving a 16 tentative map. The findings are as follows:
17 That the proposed Tentative Parcel Map is consistent with the General Plan of the City of Rialto and the Airport-Related Planned Industrial Development (I-AR) land use 18 district of the Rialto Airport Specific Plan; and
19 This finding is supported by the following facts:
20 21 The Site has a General Plan designation of Business Park with a Specific Plan Overlay, and a land use designation of Airport-Related Planned Industrial Development (I-AR) within the 22 Rialto Airport Specific Plan. The Project will subdivide the Site into two (2) new parcels of land - Parcel 1 (18.29 net acres) and Parcel 2 (12.80 net acres) - to facilitate the development 23 of two (2) new industrial warehouse buildings. Per Table 9 (Development Standards - Non- 24 Residential Designations) of the Rialto Airport Specific Plan, the required minimum parcel size within the I-AR land use designation is 1.0 acre. The proposed parcels greatly exceed 25 the required minimum size.
26 2. That the design and improvements of the proposed tentative parcel map are consistent 27 with the Subdivision Ordinance, the General Plan of the City of Rialto, and the Freeway Incubator (FI) zone of the Renaissance Specific Plan. 28 This finding is supported by the following facts:
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1 The Project will comply with all technical standards required by Subdivision Map Act, the 2 General Plan of the City of Rialto, and the I-AR land use designation of the Rialto Airport Specific Plan. The proposed parcels exceed the minimum lot dimensions as required by the 3 I-AR land use district of the Rialto Airport Specific Plan. 4 That the site is physically suitable for the type of proposed development; and 5 This finding is supported by the following facts:
6 7 The Site is a relatively flat piece of land and development of the land should be easily accommodated. The Applicant will be required to submit a grading plan and 8 geotechnical/soils report to the Public Works Department for review and approval prior to issuance of any building permits.
9 10 That the site is physically suitable for the proposed density of the development; and 11 This finding is supported by the following facts:
12 The Project will subdivide the Site into two (2) new parcels of land - Parcel 1 (18.29 net acres) 13 and Parcel 2 (12.80 net acres) - to facilitate the development of one (1) 430,581 square foot industrial warehouse building and one (1) 249,026 square foot industrial warehouse building. 14 Table 9 (Development Standards - Non-Residential Designations) of the Rialto Airport Specific Plan does not have criteria restricting the maximum allowable Floor Area Ratio 15 (FAR) or Lot Coverage for a development in the I-AR land use district. However, the 16 proposed development does comply with all of the development standards of the I-AR land se district that are contained within the Table 9 (Development Standards - Non-Residentia 17 )esignations) of the Rialto Airport Specific Plan and Chapter 18.112 (Indoor Storage Uses 18 of the Rialto Municipal Code, including building setbacks, landscape setbacks, parking, etc. 19 That the design of the land division is not likely to cause substantial environmental damage or substantially injure fish, wildlife, or their habitat; and 20 21 This finding is supported by the following facts:
22 The Site is completely undeveloped and covered by natural grasses and shrubs. The Environmental Impact Report (Environmental Assessment Review No. 2020-0003) 23 prepared for the project identified that the Site did not have suitable habitat for any 24 threatened or endangered species. Nevertheless, the Environmental Impact Report prepared for the Project includes two (2) mitigation measures requiring pre-construction 25 surveys to ensure that burrowing owls and other nesting birds are not present on the Site.
Implementation of those two (2) mitigation measures will reduce any potential impacts on 26 biological resources to a less than significant level. 27 That the design of the land division is not likely to cause serious public health 28 problems; and
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1 This finding is supported by the following facts:
2 The Project is consistent with the General Plan and the Airport-Related Planned Industrial 3 Development (I-AR) land use designation of the Rialto Airport Specific Plan. To the north 4 of the project site is Jerry Eaves Park and to east is the Cactus Basin Flood Control Channel.
To the south, across Baseline Road, is a single-family residential subdivision built in 1989, 5 and to the west are several multi-tenant industrial buildings and approximately 2.48 acres of vacant land, which is planned for the development of a 45,659 square foot industrial 6 warehouse building ("Precise Plan of Design No. 2021-0019"). The project is not expected 7 to negatively impact any uses with the successful implementation of mitigation measures.
Measures, such as landscape buffering and the installation of solid screen walls, will be 8 implemented as a part of the Project to prevent any negative impacts to the nearby land uses. Furthermore, construction impacts on the site will be limited through the strict 9 enforcement of the allowable construction hours listed in Section 9.50.070 of the Rialto 10 Municipal Code, as well as enforcement of regular watering of the site to limit airborne dust and other particulate matter. As a result, the Project is not likely to cause any public 11 health problems.
12 That the design of the land division or proposed improvements will not conflict with 13 easements, acquired by the public at large, for access through or use of, property within the proposed land division.
14 15 This finding is supported by the following facts:
16 One (1) easement for storm drain cross access exists on or near the Site. Upon completion of the Final Map and street dedication, the easement will be vacated and replaced with a new 17 storm drain easement on site.
18 SECTION 3. An Environmental Impact Report (Environmental Assessment Review No. 19 2020-0003) has been prepared for the proposed Project in accordance with the California 20 Environmental Quality Act (CEQA) and it has been determined that the Project will create 21 unavoidable significant impacts to transportation/traffic. The Planning Commission has forwarded, 22 or is forwarding, a recommendation to the City Council to adopt the Environmental Impact Report 23 prepared for the Project.
24 SECTION 4. The Planning Commission hereby recommends that the City Council approve 25 TPM No. 20195 and allow the subdivision of one (1) 31.61 gross acre parcel of land (APN: 0264- 26 213-18) located on the north side of Baseline Road approximately 350 feet east of Fitzgerald Avenue 27 within the Airport-Related Planned Industrial Development (I-AR) land use designation of the Rialto 28 -4-
1 Airport Specific Plan into two (2) new parcels of land - Parcel 1 (18.29 net acres) and Parcel 2 (12.80 2 net acres), in accordance with the plans and application on file with the Planning Division, subject to 3 the following conditions:
4 1. TPM No. 20195 is approved allowing the subdivision of one (1) 31.61 gross acre parcel 5 of land (APN: 0264-213-18) located on the north side of Baseline Road approximately 350 feet east of Fitzgerald Avenue within the Airport-Related Planned Industrial 6 Development (I-AR) land use designation of the Rialto Airport Specific Plan into two (2) new parcels of land - Parcel 1 (18.29 net acres) and Parcel 2 (12.80 net acres) - for 7 the purpose of developing one (1) 430,581 square foot industrial warehouse building 8 and one (1) 249,026 square foot industrial warehouse building, as shown on the tentative parcel map attached as Exhibit A, and as approved by the City Council. 9 10 2. 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. 11 3. The applicant shall indemnify, protect, defend, and hold harmless, the City of Rialto, 12 and/or any of its officials, officers, employees, agents, departments, agencies, and 13 instrumentalities thereof (collectively, the "City Parties"), from any and all claims, demands, law suits, writs of mandamus, and other actions and proceedings (whether 14 legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute resolutions procedures (including, but not limited to arbitrations, mediations, 15 and other such procedures), (collectively "Actions"), brought against the City, and/or 16 any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or 17 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 18 thereof (including actions approved by the voters of the City), for or concerning the 19 Project (collectively, the "Entitlements"), whether such Actions are brought under the California Environmental Quality Act, the Planning and Zoning Law, the Subdivision 20 Map Act, Code of Civil Procedure Chapter 1085 or 1094.5, the California Public 21 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, 22 protect, defend, and hold the City harmless shall include, but not be limited to (i) damages, fees and/or costs awarded against the City, if any, and (ii) cost of suit, 23 attorneys' fees and other costs, liabilities and expenses incurred in connection with 24 such proceeding whether incurred by applicant, Property owner, or the City and/or other parties initiating or bringing such proceeding (collectively, subparts (1) and (11) 25 are the "Damages"). Notwithstanding anything to the contrary contained herein, the Applicant shall not be liable to the City Parties under this indemnity to the extent the 26 Damages incurred by any of the City Parties in such Action(s) are a result of the City 27 Parties' fraud, intentional misconduct or gross negligence in connection with issuing the Entitlements. The applicant shall execute an agreement to indemnify, protect, 28 defend, and hold the City harmless as stated herein within five (5) days of approval of TPM No. 20195.
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1 4. In accordance with the provisions of Government Code Section 66020(d)(1), the 2 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 the 3 Project or within 90 days after the date of the imposition of the fees, dedications, 4 reservations, or exactions imposed on the Project.
5 5. The applicant shall complete and abide by all pre-construction mitigation measures contained within the Mitigation Monitoring and Reporting Program associated with the 6 Environmental Impact Report (Environmental Assessment Review No. 2020-0003) 7 adopted for the Project, prior to the issuance of a grading permit. 8 6. The applicant shall complete and abide by all during-construction mitigation measures contained within the Mitigation Monitoring and Reporting Program associated with the Environmental Impact Report (Environmental Assessment Review No. 2020-0003) 10 adopted for the Project, prior to the issuance of a Certificate of Occupancy. 11 7. The applicant shall secure the services of a tribal cultural monitor to be present during all ground disturbance activities associated with the construction of this project. The 12 tribal cultural monitor shall be approved by the Gabrieleño Band of Mission Indians- 13 Kizh Nation, and documentation of coordination between the applicant and the Gabrieleño Band of Mission Indians-Kizh Nation on this matter shall be provided to 14 the Planning Division prior to the issuance of a grading permit. 15 8. The applicant shall pay all applicable development impact fees, in accordance with the 16 current City of Rialto fee ordinance, including any Transportation and Traffic Fair Share Contribution fees, as applicable.
17 18 9. The applicant shall comply with all conditions of approval for TPM No. 20195 and Precise Plan of Design No. 2020-0003 to the satisfaction of the City Engineer, prior to the issuance 19 of a Certificate of Occupancy. Dedication requirements required by Precise Plan of Design No. 2020-0003 shall be met with recordation of the parcel map unless provided 20 otherwise in the PPD conditions of approval.
21 10. The applicant shall provide documentation of a recorded reciprocal access easement for 22 the shared driveway on Baseline Road. The easement shall grant each property owner access to the proposed shared driveway connected to Baseline Road at the center of the 23 project site.
24 11. The applicant shall submit a final parcel map (Parcel Map No. 20195), prepared by a 25 California registered Land Surveyor or qualified Civil Engineer, to the Public Works Engineering Division for review and approval. A Title Report prepared for subdivision 26 guarantee for the subject property, the traverse closures for the existing parcel and all 27 lots created therefrom, and copies of record documents shall be submitted with Parcel Map No. 20195 to the Public Works Engineering Division as part of the review of the 28 -6-
Map. Parcel Map No. 20195 shall be approved by the City Council and recorded by 1 the County Recorder's Office prior to issuance of any building permits. 2 12. In accordance with Government Code 66462, all required public improvements shall be 3 completed prior to the approval of a final map (Parcel Map No. 20195). Alternatively, the applicant may enter into a Subdivision Improvement Agreement to secure the cost of 4 all required public improvements at the time of requesting the City Engineer's approval 5 of Parcel Map No. 20195. The applicant will be required to secure the Subdivision Improvement Agreement pursuant to Government Code 66499 in amounts determined by 6 the City Engineer.
13. The applicant shall comply with all other applicable State and local ordinances. 8 14. Pursuant to Section 17.16.050A of the Rialto Municipal Code, approval of TPM No. 20195 is granted for a period of twenty-four (24) months from the effective date of this 10 resolution. Pursuant to Section 17.16.050C of the Rialto Municipal Code, an extension of time for TPM No. 20195 may be granted by the Planning Commission for a period 11 or periods not to exceed a total of thirty-six (36) months. The period or periods of extension shall be in addition to the original twenty-four (24) months. An application 12 shall be filed with the Planning Division for each extension together with the required 13 fee prior to the expiration date of TPM No. 20195.
14 15 SECTION 5. The Chair of the Planning Commission shall sign the passage and adoption of 16 this resolution and thereupon the same shall take effect and be in force.
PASSED, APPROVED AND ADOPTED this 26th _ day of April. 2023. 17 18
19 20 JERRY GUTIERREZ, CHAIR
CITY OF RIALTO PLANNING COMMISSION
21 22
23 24
25 26
27 28
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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. 2023-35 was duly passed and adopted at a regular meeting of the Planning 7 Commission of the City of Rialto held on the 26th day of April, 2023. 8 Upon motion of Commissioner Dale Estvander, second by Commissioner Frank Gonzalez, foregoing Resolution No. 2023-35 was duly passed and adopted. 10 11 Vote on the motion:
12 AYES: 4 (Gutierrez, Peukert, Estvander, Gonzalez)
13 NOES: 0
14 ABSTENTION: 1 (Gilbert)
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 26th day of April, 2023.
19 20
21 22 Kimberly Dame
Administrative Analyst
28 -9-
1 RESOLUTION NO. 2023-36
2 A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF RIALTO, CALIFORNIA RECOMMENDING THAT
3 THE CITY COUNCIL APPROVE CONDITIONAL
4 DEVELOPMENT PERMIT NO. 2020-0002 ALLOWING THE
DEVELOPMENT AND OPERATION OF ONE (1) 430,581
5 SQUARE FOOT INDUSTRIAL WAREHOUSE BUILDING AND
ONE (1) 249,026 SQUARE FOOT INDUSTRIAL WAREHOUSE
6 BUILDING ON 31.61 GROSS ACRES (31.09 NET ACRES) OF
7 LAND (APN: 0264-213-18) LOCATED ON THE NORTH SIDE OF
BASELINE ROAD APPROXIMATELY 350 FEET EAST OF
8 FITZGERALD AVENUE WITHIN THE AIRPORT-RELATED
PLANNED INDUSTRIAL DEVELOPMENT (I-AR) LAND USE
9 DISTRICT OF THE RIALTO AIRPORT SPECIFIC PLAN.
10 WHEREAS, the applicant, Crow Holdings Industrial, LLC, proposes to develop and operate 11 one (1) 430,581 square foot industrial warehouse building and one (1) 249,026 square foot 12 industrial warehouse building ("Project") on 31.61 gross acres (31.09 net acres) of land (APN:
13 0264-213-18) located on the north side of Baseline Road approximately 350 Fitzgerald Avenue 14 within the Airport-Related Planned Industrial Development (I-AR) land use district of the Rialto 15 Airport Specific Plan ("Site"); and
16 WHEREAS, the Project will consist of 18,000 square feet of office space, and 481,607 17 square feet of warehouse space, seventy-nine (79) dock-high loading doors, concrete screen walls, 18 an abundant amount of landscaping, and full pedestrian and vehicle access; and 19 WHEREAS, Pursuant to Ordinance Nos. 1394 and 1633, the Project requires a Conditional 20 Development Permit, and the applicant has agreed to apply for Conditional Development Permit 21 No. 2020-0002 ("CDP No. 2020-0002"); and
22 WHEREAS, in conjunction with the Project, the applicant has applied for Tentative Parcel 23 Map No. 2020-0001, also referred to as Tentative Parcel Map No. 20195 ("TPM No. 20195"), in 24 accordance with Section 17.16.040 of the Rialto Municipal Code, to subdivide the Site into two (2) 25 new parcels of land - Parcel 1 (18.29 net acres) and Parcel 2 (12.80 net acres); and 26 WHEREAS, in conjunction with the Project, the applicant has applied for Precise Plan of 27 Design No. 2020-0003 ("PPD No. 2020-0003"') to facilitate the development of one (1) 430,581 28 square foot industrial warehouse building, one (1) 249,026 square foot industrial warehouse -1-
1 building, and associated paving, landscaping, fencing, lighting, and drainage improvements on the 2 Site; and
3 WHEREAS, on April 26, 2023, the Planning Commission of the City of Rialto conducted 4 a duly noticed public hearing, as required by law, on CDP No. 2020-0002, TPM No. 20195, and 5 PPD No. 2020-0003, took testimony, at which time it received input from staff, the city attorney, and the applicant; heard public testimony; discussed the proposed CDP No. 2020-0002, TPM No. 7 20195, and PPD No. 2020-0003; and closed the public hearing; and 8 WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred. 9 NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Rialto as 10 follows:
11 SECTION 1. The Planning Commission hereby specifically finds that all of the facts set forth 12 in the recitals above of this Resolution are true and correct and incorporated herein. 13 SECTION 2. Based on substantial evidence presented to the Planning Commission during 14 the public hearing conducted with regard to CDP No. 2020-0002, including written staff reports, 15 verbal testimony, site plans, other documents, and the conditions of approval stated herein, the 16 Planning Commission hereby determines that CDP No. 2020-0002 satisfies the requirements of 17 Section 18.66.020 of the Rialto Municipal Code pertaining to the findings which must be made 18 precedent to granting a conditional development permit, which findings are as follows:
19 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 20 or community; and
21 This finding is supported by the following facts:
22 23 The Site is relatively flat, asymmetrical-shaped, expansive in size, and covered entirely by natural grasses and shrubs. The Project will develop the highest and best use for the Site, 24 in accordance with the Airport-Related Planned Industrial Development (I-AR) land use district of the Rialto Airport Specific Plan. Additionally, the Project will provide 25 employment opportunities within the City and reduce blight by implementing a use on 26 vacant, unimproved land.
27 The proposed use will not be detrimental or injurious to health, safety, or general welfare of persons residing or working in the vicinity; and 28 This finding is supported by the following facts:
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1 The development of industrial warehouse buildings on the Site is consistent with the 2 Airport-Related Planned Industrial Development (I-AR) land use designation of the Rialto 3 Airport Specific Plan, which conditionally permits the development and operation of industrial warehouse buildings. To the north of the project site is Jerry Eaves Park and to 4 east is the Cactus Basin Flood Control Channel. To the south, across Baseline Road, is a single-family residential subdivision built in 1989, and to the west are several multi-tenant 5 industrial buildings and approximately 2.48 acres of vacant land, which is planned for the 6 development of a 45,659 square foot industrial warehouse building. The nearest sensitive uses are the public park to the north of the Site and the single-family residences to the south 7 of the Site. The project is not expected to negatively impact any uses with the successful implementation of measures such as landscape buffering, the installation of solid screen 8 walls, aesthetic building enhancements, and other traffic related measures. 9 The site for the proposed use is adequate in size, shape, topography, accessibility and 10 other physical characteristics to accommodate the proposed use in a manner 11 compatible with existing land uses; and
12 This finding is supported by the following facts:
13 The Site contains 31.61 gross acres (31.09 net acres), is asymmetrical-shaped, fairly level, and 14 adjacent one (1) public street, which will be able to accommodate the proposed use. The Project will have three (3) points of access via Baseline Road. A new 50-foot-wide shared 15 iriveway connected directly to Baseline Road in the center of the project frontage will provide ull access for both trucks and passenger vehicles at a new signalized intersection. The othet 16 two (2) driveways on the east and west ends of the site will provide right-in/left-out access for 17 passenger vehicles only. In addition, the Site will have 505 passenger vehicle parking spaces, which exceeds the amount required by Chapter 18.58 (Off-Street Parking) of the Rialto 18 Municipal Code.
19 4. The site has adequate access to those utilities and other services required for the 20 proposed use; and
21 This finding is supported by the following facts:
22 The Site will have adequate access to all utilities and services required through main water, 23 electric, sewer, and other utility lines that will be hooked up to the Site. 24 5. The proposed use will be arranged, designed, constructed, and maintained so as it will not be injurious to property or improvements in the vicinity or otherwise be 25 inharmonious with the General Plan and its objectives, the Rialto Airport Specific 26 Plan, or any zoning ordinances, and
27 This finding is supported by the following facts:
28 -3-
1 As previously stated, the use is consistent with the Airport-Related Planned Industrial Development (1-AR) land use designation of the Rialto Airport Specific Plan. The 2 buildings will be oriented such that none of the dock doors will front or face the public 3 right-of-way and the Site will have 505 passenger vehicle parking spaces, all of which comply with the General Plan, the Rialto Airport Specific Plan, Chapter 18.112 (Indoor 4 Storage Facilities) of the Rialto Municipal Code, and the City's Design Guidelines. A thirty (30) foot wide landscaped setback will be provided along Baseline Road. 5 Landscaping will be abundantly incorporated into the Site, as the landscape coverage for 6 the entire project is 13.1 percent, which exceeds the minimum required amount of 10.0 percent.
7 Any potential adverse effects upon the surrounding properties will be minimized to 8 every extent practical and any remaining adverse effects shall be outweighed by the 9 benefits conferred upon the community or neighborhood as a whole. 10 This finding is supported by the following facts:
11 The Project's effects will be minimized through the implementation of the Conditions of 12 Approval contained herein, and through the implementation of Conditions of Approval imposed by the City Council on the Precise Plan of Design, such as extensive landscaping, 13 solid screen walls, decorative paving, and enhanced architectural features. The 14 development of a high-quality industrial development will provide additional employment opportunities for residents and visitors to the City. The Project will also serve to develop 15 a piece of land, which has remained undeveloped. The Project is consistent with the Airport-Related Planned Industrial Development (I-AR) land use district and the nearby 16 industrial land uses. The nearest sensitive uses are the public park to the north of the Site 17 and the single-family residences to the south of the Site. The project is not expected to negatively impact any uses with the successful implementation of measures such as 18 landscape buffering, the installation of solid screen walls, aesthetic building enhancements, 19 and other traffic related measures. Therefore, any potential adverse effects are outweighed by the benefits conferred upon the community and neighborhood as a whole. 20 SECTION 3. An Environmental Impact Report (Environmental Assessment Review No. 21 2020-0003) has been prepared for the proposed Project in accordance with the California 22 Environmental Quality Act (CEQA) and it has been determined that the Project will create 23 unavoidable significant impacts to transportation/traffic. The Planning Commission has forwarded, 24 or is forwarding, a recommendation to the City Council to adopt the Environmental Impact Report 25 prepared for the Project.
26 SECTION 4. The Planning Commission hereby recommends that the City Council approve 27 CDP No. 2020-0002, in accordance with the plans and application on file with the Planning Division, 28 subject to the following conditions:
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1 1. The approval is granted allowing the development and operation of one (1) 430,581 square foot industrial warehouse building and one (1) 249,026 square foot industrial 2 warehouse building on 31.61 gross acres (31.09 net acres) of land (APN: 0264-213-18) 3 located on the north side of Baseline Road approximately 350 feet east of Fitzgerald Avenue, as shown on the plans attached as Exhibit A and as approved by the City Council. 4 If the Conditions of Approval specified herein are not satisfied or otherwise completed, the project shall be subject to revocation.
5 6 2. 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. 7 3. The applicant shall indemnify, protect, defend, and hold harmless, the City of Rialto, 8 and/or any of its officials, officers, employees, agents, departments, agencies, and 9 instrumentalities thereof (collectively, the "City Parties"), from any and all claims, demands, law suits, writs of mandamus, and other actions and proceedings (whether 10 legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative 11 dispute resolutions procedures (including, but not limited to arbitrations, mediations, and other such procedures), (collectively "Actions"), brought against the City, and/or 12 any of its officials, officers, employees, agents, departments, agencies, and there lengto yes, y
instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or 13 annul, the any action of, or any permit or approval issued by, the City and/or any of its 14 officials, officers, employees, agents, departments, agencies, and instrumentalities thereof (including actions approved by the voters of the City), for or concerning the 15 Project (collectively, the "Entitlements"), whether such Actions are brought under the California Environmental Quality Act, the Planning and Zoning Law, the Subdivision 16 Map Act, Code of Civil Procedure Chapter 1085 or 1094.5, the California Public 17 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, 18 protect, defend, and hold the City harmless shall include, but not limited to (i) damages, fees and/or costs awarded against the City, if any, and (ii) cost of suit, attorneys' fees 19 and other costs, liabilities and expenses incurred in connection with such proceeding 20 whether incurred by applicant, Property owner, or the City and/or other parties initiating or bringing such proceeding (collectively, subparts (1) and (i1) are the 21 "Damages"). Notwithstanding anything to the contrary contained herein, the Applicant 22 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 Parties' 23 fraud. intentional misconduct or gross negligence in connection with issuing the Entitlements. The applicant shall execute an agreement to indemnify, protect, defend, 24 and hold the City harmless as stated herein within five (5) days of approval of CDP No. 2020-0002.
25 26 4. In accordance with the provisions of Government Code Section 66020(d)(1), the imposition of tees, dedications, reservations, or exactions for this Project, if any, are 27 subject to protest by the applicant at the time of approval or conditional approval of the 28 Proiect or within 90 days after the date of the imposition of the fees, dedications, reservations, or exactions imposed on the Project.
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5. The property owners) and building tenants shall always abide by all operational 2 mitigation measures contained within the Mitigation Monitoring and Reporting Program 3 associated with the Environmental Impact Report (Environmental Assessment Review No. 2020-0003) adopted for the Project.
4 6. The tenants within the buildings shall always conduct operations consistent with the 5 environmental analysis contained within the Environmental Impact Report 6 (Environmental Assessment Review No. 2020-0003) adopted for the Project. 7 7. The Project shall be limited to a maximum of 710 actual passenger car trips and 473 actual truck trips daily, in accordance with Table 3 (Summary of Project Trip Generation) of the 8 Traffic Impact Study prepared for the Project by Kimley-Horn and Associates, Inc. and 9 dated November 2021, which is attached hereto as Exhibit B. 10 8. The applicant, landlord, operator(s) and/or tenants) shall ensure that all inbound truck 11 traffic that requires temporary queuing or staging do so on-site. Inbound truck traffic shall not queue or stage on any public street at any time. Activities on-site shall not operate in 12 such a manner that would impact traffic lanes, cause back up (queuing or staging) of vehicles into the public-right-of-way, or create any unsafe conditions. Fire and Police 13 access and passage around trucks queuing or staging on-site shall be feasible at all times 14 and activities shall not block parking areas, access or passage for disabled persons or emergency response vehicles.
15 9. The applicant, landlord, operators) and/or tenants) shall only park or store trucks and 16 trailers within designated truck and trailer parking spaces on-site. No trucks or trailers 17 shall be parked or stored within any public street or within any on-site drive-aisles or passenger vehicle parking areas at any time.
18 19 10. 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 20 operations) conducted within the building, without prior approval of a separate Conditional Development Permit in accordance with Chapter 18.104 (Outdoor Storage 21 Uses) of the Rialto Municipal Code.
22 11. The privileges granted by the Planning Commission pursuant to approval of this 23 Conditional Development Permit are valid for one (1) year from the effective date of approval. If the applicant fails to commence the project within one year of said 24 effective date, this conditional development permit shall be null and void and any 25 rivileges granted hereunder shall terminate automatically. If the applicant or his o ler successor in interest commence the project within one year of the effective date of 26 approval, the privileges granted hereunder will continue inured to the property as long as the property is used for the purpose for which the conditional development permit 27 was granted, and such use remains compatible with adjacent property uses. 28 -6-
1 12. Approval of CDP No. 2020-0002 will not become effective until the applicant has signed a statement acknowledging awareness and acceptance of the required conditions of 2 approval contained herein.
3 13. In the event, that any operation on the Site is found to be objectionable or incompatible 4 with the character of the City and its environs due to excessive noise, excessive traffic, loitering, criminal activity or other undesirable characteristics including, but not strictly 5 limited to, uses which are or have become offensive to neighboring property or the goals 6 and objectives of the Airport-Related Planned Industrial Development (I-AR) land use district, the Rialto Airport Specific Plan, and/or the City's General Plan, the applicant shall 7 address the issues within forty-eight (48) hours of being notified by the City. 8 14. If the applicant fails to comply with any of the conditions of approval placed upon CDP 9 No. 2020-0002 or PPD No. 2020-0003, the Planning Commission may initiate proceedings to revoke the conditional development permit in accordance with the 10 provisions of Sections 18.66.070 through 18.66.090, inclusive, of the Rialto Municipal 11 Code. CDP No. 2020-0002 may be revoked, suspended or modified in accordance with Section 18.66.070 of the Zoning Ordinance at the discretion of the Planning 12 Commission if:
13 The use for which such approval was granted has ceased to exist, been 14 subsequently modified, or has been suspended for six (6) months or more; 15 b) Any of the express conditions or terms of such permit are violated; 16 c) The use for which such approval was granted becomes or is found to be 17 objectionable or incompatible with the character of the City and its environs due to excessive noise, excessive traffic, loitering, criminal activity or other 18 undesirable characteristics including, but not strictly limited to uses which 19 are or have become offensive to neighboring property or the goals and objectives of the Airport-Related Planned Industrial Development (I-AR) 20 land use district, the Rialto Airport Specific Plan, and/or the City's General Plan.
21 22 SECTION 5. The Chairman of the Planning Commission shall sign the passage and 23 adoption of this resolution and thereupon the same shall take effect and be in force. 24 PASSED, APPROVED AND ADOPTED this
26th day of April, 2023.
25 26 (
27 JERRY GUTIERREZ, CHAIR
CITY OF RIALTO PLANNING COMMISSION
28 -7-
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. 2023-36 was duly passed and adopted at a regular meeting of the Planning 7 Commission of the City of Rialto held on the 26th day of April, 2023. 8 Upon motion of Commissioner Dale Estvander, second by Commissioner Frank Gonzalez, foregoing Resolution No. 2023-36 was duly passed and adopted. 10 11 Vote on the motion:
12 AYES: 4 (Gutierrez, Peukert, Estvander, Gonzalez)
13 NOES: 0
14 ABSTENTION: 1 (Gilbert)
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 26th day of April, 2023.
19 20
21 22 Kimberly Dame
Administrative Analyst
23 24
25 26
27 28
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1 RESOLUTION NO. 2023-37
2 A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF RIALTO, CALIFORNIA RECOMMENDING THAT
3 THE CITY COUNCIL APPROVE PRECISE PLAN OF DESIGN
4 NO. 2020-0003 ALLOWING THE DEVELOPMENT OF ONE (1)
430,581 SQUARE FOOT INDUSTRIAL WAREHOUSE
5 BUILDING, ONE (1) 249,026 SQUARE FOOT INDUSTRIAL
WAREHOUSE BUILDING, AND ASSOCIATED PAVING,
6 LANDSCAPING, FENCING, LIGHTING, AND DRAINAGE
7 IMPROVEMENTS ON 31.61 GROSS ACRES (31.09 NET ACRES)
OF LAND (APN: 0264-213-18) LOCATED ON THE NORTH SIDE
8 OF BASELINE ROAD APPROXIMATELY 350 FEET EAST OF
FITZGERALD AVENUE WITHIN THE AIRPORT-RELATED
9 PLANNED INDUSTRIAL DEVELOPMENT (I-AR) LAND USE
10 DISTRICT OF THE RIALTO AIRPORT SPECIFIC PLAN.
11 WHEREAS, the applicant, Crow Holdings Industrial, LLC, proposes to develop one (1) 12 430,581 square foot industrial warehouse building and one (1) 249,026 square foot industrial 13 warehouse building ("Project") on 31.61 gross acres (31.09 net acres) of land (APN: 0264-213-18) 14 located on the north side of Baseline Road approximately 350 Fitzgerald Avenue within the Airport- 15 Related Planned Industrial Development (I-AR) land use district of the Rialto Airport Specific Plan 16 ("Site"); and
17 WHEREAS, the Project consists of the development of one (1) 430,581 square foot 18 industrial warehouse building, one (1) 249,026 square foot industrial warehouse building, 505 19 passenger vehicle parking spaces, concrete screen walls, an abundant amount of landscaping, and 20 full pedestrian and vehicle access; and
21 WHEREAS, Pursuant to Chapter 18.65 (Precise Plan of Design) of the Rialto Municipal 22 Code, the Project requires a Precise Plan of Design, and the applicant has agreed to apply for Precise 23 Plan of Design No. 2020-0003 ("PPD No. 2020-0003"); and 24 WHEREAS, in conjunction with the Project, the applicant has applied for Tentative Parcel 25 Map No. 2020-0001, also referred to as Tentative Parcel Map No. 20195 ("TPM No. 20195"), in 26 accordance with Section 17.16.040 of the Rialto Municipal Code, to subdivide the Site into two (2) 27 new parcels of land - Parcel 1 (18.29 net acres) and Parcel 2 (12.80 net acres); and 28 -1-
1 WHEREAS, in conjunction with the Project, the applicant has applied for Conditional 2 Development Permit No. 2020-0002 ("CDP No. 2020-0002") to facilitate the development and 3 operation of one (1) 430,581 square foot industrial warehouse building and one (1) 249,026 square foot industrial warehouse building on the Site; and
5 WHEREAS, on April 26, 2023, the Planning Commission of the City of Rialto conducted 6 a duly noticed public hearing, as required by law, on PPD No. 2020-0003, TPM No. 20195, and 7 CDP No. 2020-0002, took testimony, at which time it received input from staff, the city attorney, 8 and the applicant; heard public testimony; discussed the proposed PPD No. 2020-0003, TPM No. 9 20195, and CDP No. 2020-0002; and closed the public hearing; and 10 WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred. 11 NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Rialto 12 as follows:
13 SECTION 1. The Planning Commission hereby specifically finds that all of the facts set forth 14 in the recitals above of this Resolution are true and correct and incorporated herein. 15 SECTION 2. Based on substantial evidence presented to the Planning Commission during 16 the public hearing conducted with regard to PPD No. 2020-0003, including written staff reports, 17 verbal testimony, site plans, other documents, and the conditions of approval stated herein, the 18 Planning Commission hereby determines that PPD No. 2020-0003 satisfies the requirements of 19 Section 18.65.020E of the Rialto Municipal Code pertaining to the findings which must be made 20 precedent to granting a Precise Plan of Design. The findings are as follows:
21 1. The proposed development is in compliance with all city ordinances and regulations, 22 unless in accordance with an approved variance; and
23 This finding is supported by the following facts:
24 The Site has a General Plan land use designation of Business Park with a Specific Plan overlay and a zoning designation of Rialto Airport Specific Plan. The Site's land use 25 designation within the Rialto Airport Specific Plan is Airport-Related Planned Industrial 26 Development (I-AR). Those designations allow for the development and operation of industrial warehouse buildings, as proposed by the Project. The Project, as conditioned 27 herein, will comply with all City ordinances and regulations, the I-AR land use district, and 28 the Rialto Airport Specific Plan.
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1 The site is physically suitable for the proposed development, and the proposed development will be arranged, designed, constructed, and maintained so that it will 2 not be unreasonably detrimental or injurious to property, improvements, or the health, 3 safety or general welfare of the general public in the vicinity, or otherwise be inharmonious with the city's general plan and its objectives, zoning ordinances or any 4 applicable specific plan and its objectives; and
5 This finding is supported by the following facts:
6 The Site is relatively flat, 31.61 gross acres in size, bound by one (1) public street (Baseline 7 Road to the south), and is within the Airport-Related Planned Industrial Development (I- AR) land use district of the Rialto Airport Specific Plan. To the north of the project site is 8 Jerry Eaves Park and to east is the Cactus Basin Flood Control Channel. To the south, 9 across Baseline Road, is a single-family residential subdivision built in 1989, and to the west are several multi-tenant industrial buildings and approximately 2.48 acres of vacant 10 land, which is planned for the development of a 45,659 square foot industrial warehouse building. The Project is consistent with the I-AR land use district and the industrial uses 11 adjacent to and nearby the Site. The nearest sensitive uses are the public park to the north 12 of the Site and the single-family residences to the south of the Site. The project is not expected to negatively impact any uses with the successful implementation of measures 13 such as landscape buffering, the installation of solid screen walls, aesthetic building 14 enhancements, and other traffic related measures.
15 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 16 general public; and
17 This finding is supported by the following facts:
18 The Project's effects will be minimized through the implementation of the Conditions of 19 Approval contained herein, such as extensive landscaping, concrete screen walls, decorative 20 paving, and enhanced architectural features. To the north of the project site is Jerry Eaves Park and to east is the Cactus Basin Flood Control Channel. To the south, across Baseline 21 Road, is a single-family residential subdivision built in 1989, and to the west are several multi- tenant industrial buildings and approximately 2.48 acres of vacant land, which is planned for 22 the development of a 45,659 square foot industrial warehouse building. The Project is 23 consistent with the I-AR land use district and the industrial uses adjacent to and nearby the Site. The nearest sensitive uses are the public park to the north of the Site and the single- 24 family residences to the south of the Site. The development and operation of the proposed 25 industrial warehouse buildings will not interfere with these uses as the orientation of the buildings, the incorporation of a screen wall adjacent to the truck court, and the incorporation 26 of landscape planters along the Baseline Road street frontage and perimeter of the Site will all serve as a buffer to reduce impacts to a level of insignificance. Additionally, the residences 27 to the south are approximately 100 feet away from the Site and are separated from the Site by an existing public street that further serves as buffer. -3-
1 The proposed development will not substantially interfere with the orderly or planned development of the City of Rialto.
2 3 This finding is supported by the following facts:
4 The Project is consistent with the underlying Airport-Related Planned Industrial Development (I-AR) land use designation and is a logical addition to the existing industrial buildings to the 5 west of the Site. The design of the Project will ensure a continuation of the public 6 improvements and aesthetics present in the surrounding area. The City staff have reviewed the design of the Project to ensure compliance with all health, safety, and design requirements 7 to ensure the Project will enhance the infrastructure and aesthetics of the local community. 8 SECTION 3. An Environmental Impact Report (Environmental Assessment Review No. 9 2020-0003) has been prepared for the proposed Project in accordance with the California 10 Environmental Quality Act (CEQA) and it has been determined that the Project will create 11 unavoidable significant impacts to transportation/traffic. The Planning Commission has forwarded, 12 or is forwarding, a recommendation to the City Council to adopt the Environmental Impact Report 13 14 prepared for the Project.
15 SECTION 4. The Planning Commission hereby recommends that the City Council approve 16 PPD No. 2020-0003, in accordance with the plans and application on file with the Planning Division, 17 subject to the following Conditions of Approval:
18 The applicant is granted PPD No. 2020-0003 allowing the development of one (1) 19 430,581 square foot industrial warehouse building, one (1) 249,026 square foot industrial warehouse building, and associated paving, landscaping, fencing, lighting, 20 and drainage improvements on 31.61 gross acres (31.09 net acres) of land (APN: 0264- 213-18) located on the north side of Baseline Road approximately 350 feet east of 21 Fitzgerald Avenue within the Airport-Related Planned Industrial Development (I-AR) 22 land use district of the Rialto Airport Specific Plan, subject to the Conditions of Approval contained herein.
23 24 2. The approval of PPD No. 2020-0003 is granted for a one (1) year period from the date of approval. Approval of PPD No. 2020-0003 will not become effective until the 25 applicant has signed a Statement of Acceptance acknowledging awareness and acceptance of the required Conditions of Approval contained herein. Any request for 26 an extension shall be reviewed by the Community Development Director and shall be 27 based on the progress that has taken place toward the development of the project. 28 3. The development associated with PPD No. 2020-0003 shall conform to the site plan, site details, floor plans, roof plans, exterior elevations, conceptual grading and drainage -4-
1 plan, and preliminary planting plan attached hereto as Exhibit A, except as may be required to be modified based on the Conditions of Approval contained herein. 2 3 4. The development associated with PPD No. 2020-0003 shall comply with all Conditions of Approval contained within CDP No. 2020-0002.
4 5. The development associated with PPD No. 2020-0003 shall comply with all applicable 5 sections of the Rialto Airport Specific Plan, the Rialto Municipal Code, and all other 6 applicable State and local laws and ordinances.
7 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. 8 9 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 10 instrumentalities thereof (collectively, the "City Parties"), from any and all claims, demands, law suits, writs of mandamus, and other actions and proceedings (whether 11 legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative 12 dispute resolutions procedures (including, but not limited to arbitrations, mediations, and other such procedures), (collectively "Actions"), brought against the City, and/or 13 any of its officials, officers, employees, agents, departments, agencies, and 14 instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or annul, the any action of, or any permit or approval issued by, the City and/or any of 15 its officials, officers, employees, agents, departments, agencies, and instrumentalities 16 thereof (including actions approved by the voters of the City, for or concerning the Project (collectively, the "Entitlements"), whether such Actions are brought under 17 the California Environmental Quality Act, the Planning and Zoning Law, the Subdivision Map Act, Code of Civil Procedure Chapter 1085 or 1094.5, the 18 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 19 condition to indemnify, protect, defend, and hold the City harmless shall include, but 20 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 21 connection with such proceeding whether incurred by applicant, Property owner, or the City and/or other parties initiating or bringing such proceeding (collectively, 22 subparts (i) and (ii) are the "Damages"). Notwithstanding anything to the contrary 23 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 24 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 25 an agreement to indemnify, protect, defend, and hold the City harmless as stated 26 herein within five (5) days of approval of PPD No. 2020-0003. 27 In accordance with the provisions of Government Code Section 66020(d)(1), the 28 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 -5-
1 the Project or within 90 days after the date of the imposition of the fees, dedications, reservations, or exactions imposed on the Project.
2 3 9. The applicant shall install decorative pavement within each driveway connected to Baseline Road. The decorative pavement shall extend across the entire width of each 4 driveway and shall have a minimum depth of thirty feet (30) feet as measured from the property line along Baseline Road. Decorative pavement means decorative pavers 5 and/or color concrete with patterns and color vanety. The location of the decorative 6 pavement shall be identified on the Precise Grading Plan prior to the issuance of a grading permut. Additionally, the location and type of decorative pavement shall be 7 identified on the formal Landscape Plan submittal, and other on-site improvement plans, prior to the issuance of building permits.
8 9 10. In order to provide enhanced building modulation in accordance with Section
18.61.080C of the Rialto Municipal Code, horizontal wall plane articulation shall be 10 incorporated approximately every one-hundred (100) linear feet on all four (4) sides of 11 each building, except along any wall plane containing dock doors. The wall planes of each building shall incorporate projections and/or recesses having a minimum depth of 12 three (3) feet (as measured from the main wall plane) and a width of twelve (12) feet.
The wall plane articulation will provide greater visual interest to these readily visibly 13 buildings as seen from Baseline Road and Jerry Eaves Park. 14 11. In order to provide enhanced building design in accordance with Chapter 18.61 (Design 15 Guidelines) of the Rialto Municipal Code, the applicant shall route all drainage downspouts through the interior of the buildings. The internal downspouts shall be identified within the formal building plan check submittal prior to the issuance of 17 building permits.
18 12. In order to provide enhanced building design in accordance with Chapter 18.61 (Design Guidelines) of the Rialto Municipal Code, the applicant shall construct parapet returns, 19 at least three (3) feet in depth from the recessed wall planes, at all height variations on 20 all four (4) sides of each building. The parapet returns shall be demonstrated on the roof plans within the formal building plan check submittal prior to the issuance of building 21 permits.
22 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 access only for each building. The internal roof access shall be identified within the 24 formal building plan check submittal prior to the issuance of building permits. 25 14. In order to provide enhanced site design in accordance with Chapter 18.61 (Design 26 Guidelines) of the Rialto Municipal Code, any new walls, including any retaining walls, shall be comprised of decorative masonry block or decorative concrete. Decorative masonry block means tan-colored slumpstone block, tan-colored split-face block, or 28 precision block with a stucco, plaster, or cultured stone finish. Decorative concrete means painted concrete with patters, reveals, and/or trim lines. Pilasters shall be -6-
1 incorporated within all new walls visible from the public right-of-way. The pilasters shall be spaced a maximum of seventy (70) feet on-center and shall be placed at all 2 corners and ends of the wall. All pilasters shall protrude a minimum of six (6) inches 3 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 4 identified on the site plan and Precise Grading Plan, and an elevation detail for the walls shall be included in the formal building plan check submittal prior to the issuance of 5 building permits.
6 15. The applicant shall install a solid decorative masonry block or decorative concrete 7 screen wall along the entire length of the property line between the site and Jerry Eaves Park, prior to the issuance of a Certificate of Occupancy. The wall shall have a 8 minimum height of eight (8) feet as measured from the finished grade of the park at the 9 location of the wall. The screen wall shall be identified on the site plan and Precise Grading Plan, and an elevation detail for the walls shall be included in the formal 10 building plan check submittal prior to the issuance of building permits. 11 16. The applicant shall install a solid or louvered metal gate at the southerly entry of the 12 truck court for the purpose of screening trucks and trailers within the truck court, prior to the issuance of a Certificate of Occupancy. The new gate shall have a minimum 13 height of eight (8) feet and shall be painted to match the color of the adjoining wall. The 14 new gate shall be identified on the site plan, and an elevation detail for the gate shall be included in the formal building plan check submittal prior to the issuance of building 15 permits.
16 17. In order to provide enhanced building design in accordance with Chapter 18.61 (Design 17 Guidelines) of the Rialto Municipal Code, any new fencing installed on site shall be comprised of tubular steel. Decorative masonry or decorative concrete pilasters, with a 18 minimum dimension of sixteen (16) inch square, shall be incorporated within all new fencing visible from any public right-of-way. Decorative masonry block means tan 19 slumpstone block, tan split-face block, or precision block with a stucco, plaster, or 20 cultured stone finish. Decorative concrete means painted concrete with patterns, reveals, and/or trim lines. The pilasters shall be spaced a maximum of seventy (70) feet 21 on-center and shall be placed at all corners and ends of the fencing. All decorative masonry pilasters shall include a decorative masonry cap. All fencing and pilasters shall 22 be identified on the site plan, and an elevation detail for the fencing and pilasters shall 23 be included in the formal building plan check submittal prior to the issuance of building permits.
25 18. The applicant shall construct one (1) ADA accessible trash enclosure for each building on the project site. The trash enclosures shall provide room for one (1) commercial waste 26 container and one (1) commercial recycling container. The exterior of each trash enclosure shall match the material and base color of the buildings. Additionally, each 27 trash enclosure shall contain solid steel doors and a flat solid cover. Corrugated metal 28 and chain-link are not acceptable materials to use as a part of the trash enclosure. The location of each trash enclosure shall be identified on the site plan within the formal -7-
1 building plan check prior to the issuance of building permits. An elevation detail for the trash enclosures shall be provided within formal building plan check submittal prior to 2 the issuance of building permits.
3 19. All light standards installed on site, shall have a maximum height of twenty-five (25) 4 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" 5 onto adjacent properties. All light standards shall be identified on the site plan and a 6 note indicating the height restriction shall be included within the formal building plan check submittal prior to the issuance of building permits. 7 20. The applicant shall submit a formal Landscape Plan to the Planning Division prior to 8 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 review fee.
10 21. The applicant shall plant one (1) tree every three (3) parking spaces. All parking lot trees shall be a minimum of fifteen (15) gallons in size, upon initial planting. Thereafter, 12 the parking lot trees shall be permanently irrigated and maintained. All parking lot tree species shall consist of evergreen broadleaf trees. The trees shall be identified on the 13 formal Landscape Plan submittal prior to the issuance of a landscape permit. 14 22. The applicant shall plant one (1) tree every thirty (30) feet on-center within the on-site 15 landscape setback along Baseline Road. All trees within the landscape setback shall be a minimum of twenty-four (24) inch box in size, upon initial planting. Thereafter, the 16 trees within the landscape setback shall be permanently irrigated and maintained by the 17 property owner. At least fifty (50) percent of the trees within the setbacks shall consist of evergreen broadleaf trees, while the remaining percentage may consist of broadleaf 18 deciduous trees and/or palm trees. The trees shall be identified on the formal Landscape 19 Plan submittal prior to the issuance of a landscape permit. 20 23. The applicant shall plant one (1) tree every thirty (30) feet on-center within the public right-of-way parkway along Baseline Road. All trees within the public right-of-way 21 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 22 irrigated and maintained, as required by the Public Works Department. The street tree 23 species along Baseline Road shall be the Pyrus Calleryana "Bradfordi" and/or the Ouercus Virginianan "Southern Live Oak". The street trees shall be identified on the 24 formal Landscape Plan submittal prior to the issuance of a landscape permit. 25 24. The applicant shall plant shrubs that surround all ground mounted equipment and utility 26 boxes, including transformers, fire-department connections, backflow devices, etc. for the purpose of providing screening of said equipment and utility boxes. All equipment 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. 28 Thereafter, the equipment and utility box screen shrubs shall be permanently irrigated -8-
1 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 2 Landscape Plan submittal prior to the issuance of a landscape permit. 3 25. The applicant shall plant a substantial amount of trees, shrubs, and groundcover 4 throughout all land on-site and off-site (adjacent to the project site) that is not covered 5 by structures, walkways, parking areas, and driveways. Trees shall be planted a minimum of thirty (30) feet on-center, and all shrubs and groundcover shall be planted 6 an average of three (3) feet on-center or less. All trees shall be minimum of fifteen (15) gallons in size upon initial planting, unless otherwise specified herein. At least fifty (50) 7 percent of the trees shall consist of evergreen broadleaf trees, while the remaining 8 percentage may consist of broadleaf deciduous trees and/or palm trees. All shrubs shall be a minimum of one (1) gallon in size, unless otherwise specified herein. All planter 9 areas shall receive a minimum two (2) inch thick layer of brown bark, organic mulch, and/or decorative rock upon initial planting. Pea gravel and decomposed granite are not 10 acceptable materials to use within planter areas. All planter areas on-site shall be 11 permanently irrigated and maintained. The planting and irrigation shall be identified on the formal Landscape Plan submittal prior to the issuance of a landscape permit. 12 26. All planting and irrigation shall be installed on-site in accordance with the approved 13 landscape plans and permit prior to the issuance of a Certificate of Occupancy. The 14 installation of the planting and irrigation shall be certified in writing by the landscape architect responsible for preparing the landscape plans prior to the issuance of a 15 Certificate of Occupancy.
16 27. Any tubular steel fencing and/or sliding gates shall be painted black prior to the issuance 17 of a Certificate of Occupancy, unless specified otherwise herein. 18 28. All non-glass doors shall be painted to match the color of the adjacent wall prior to the issuance of a Certificate of Occupancy.
19 20 29. The applicant shall comply with all conditions of approval for PPD No. 2020-0003 to the satisfaction of the City Engineer, prior to the issuance of a Certificate of Occupancy. 21 30. All improvements within the public right-of-way require a City of Rialto Encroachment Permit.
23 31. The applicant shall pay all applicable development impact fees in accordance with the 24 current City of Rialto fee ordinance, including any Traffic Fair Share Contribution fees, 25 prior to the issuance of any building permit related to the Project. 26 32. The applicant shall apply and complete the Special District Annexation for the public street lighting and the public landscape and irrigation, including applicable casement 27 areas, parkway areas, and raised medians along the property frontage, as determined by 28 the City Engineer, prior to the issuance of the Grading/On-site Construction Permit. -9-
1 33. A City of Rialto Off-site Construction Permit is required for any improvements within the public right-of-way. In an effort to expedite and facilitate improvements in the public 2 right-of-way, the applicant is responsible for submitting a multi-phase master plan 3 traffic control plan which includes all phases of construction in the public right-of-way i.e. sewer, water, overhead, underground, etc. prior to the issuance of Off-Site 4 Construction Permit/Encroachment Permit. Note, in an effort to simplify the permitting process, a single master Off-Site Construction Permit shall replace individual 5 Encroachment Permits to be pulled by the applicant's contractor. 6 34. At the discretion of the City Engineer, the applicant shall apply for annexation of the 7 underlying property into City of Rialto Landscape and Lighting Maintenance District No. 2 ("LLMD 2") or enter into a landscape maintenance agreement to be recorded on 8 the property. An application fee of $5,000 shall be paid at the time of application. 9 Annexation into LLMD 2 is a condition of acceptance of any new median, parkway, and/or easement landscaping, or any new public street lighting improvements, to be 10 maintained by the City of Rialto. Annexation to the LMD hall be completed prior to 11 issuance of building permits.
12 35. 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 13 the Community Development Department. The parkway and median irrigation system 14 shall be separately 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 15 irrigation plans must show separate electrical and water meters to be annexed into the Landscape and Lighting Maintenance District No. 2 via a City Council Public Hearing. 16 The landscape and irrigation plans shall be approved concurrently with the street 17 improvement plans, including the median portion, prior to issuance of a building permit.
The landscaping architect must contact the City of Rialto Landscape Contract Specialist 18 at (909) 772-2635 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 19 installed at or near street intersections or within a raised median to avoid burdensome 20 traffic control set-up during ongoing maintenance.
21 36. If the property is accepted in the LLMD, the applicant shall guarantee all new parkway landscaping irrigation for a period of one (1) year from the date of the City Engineer 22 acceptance. Any landscaping that fails during the one-year landscape maintenance 23 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. 24 The applicant must contact the City of Rialto Landscape Contract Specialist at (909) 25 772-2635 to confirm a full twelve (12) months' time of non-interrupted ongoing maintenance.
26 37. The applicant shall install City Engineer approved deep root barriers, in accordance with 27 the Public Works Landscape and Irrigation Guidelines, for all trees installed within ten 28 (10) feet of the public sidewalk and/or curb.
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1 38. All new streetlights shall be installed on an independently metered, City-owned underground electrical system. The developer shall provide documentary proof of 2 application with Southern California Edison ("SCE") for all appropriate service points 3 and electrical meters prior to the issuance of a Certificate of Occupancy. New meter pedestals shall be installed, and electrical service paid by the developer, until such time 4 as the underlying property is annexed into LLMD 2.
5 39. If and where deficiencies in the existing system occur, the applicant shall construct a 6 new underground electrical system for public street lighting improvements along the project frontage of Baseline Road, as determined necessary by the City Engineer. New 7 marbelite streetlight poles with LED light fixtures shall be installed in accordance with City of Rialto Standard Drawings.
8 40. The applicant is responsible for requesting from the Community Development Department any addresses needed for any building(s) and/or any electrical single/dual 10 irrigation meter pedestal(s). The main building address shall be included on Precise 11 Grading Plans and Building Plan set along with the PPD number. The electrical meter pedestal addresses (single or dual) shall be included in the public improvement plans 12 41. The applicant shall submit street improvement plans by a registered California civil 13 engineer to the Public Works Engineering Division for review. The plans shall be 14 approved by the City Engineer prior to the issuance of building permits. 15 42. The applicant shall submit streetlight improvement plans by a registered California civil engineer to the Public Works Engineering Division for review. The plans shall be 16 approved by the City Engineer prior to the issuance of building permits. 17 43. The applicant shall submit public sewer improvement plans by a registered California 18 civil engineer to the Community Development Department Engineering Division for review. The plans shall be approved by the City Engineer prior to the issuance of 19 building permits. Note that onsite private sewer plans shall be reviewed by the Building 20 Division.
21 44. The applicant shall submit traffic and signage improvement plans by a registered California civil engineer to the Community Development Department Engineering 22 Division for review. The plans shall be approved by the City Engineer prior to the 23 issuance of building permits.
24 45. The applicant shall submit copies of approved water improvement plans prepared by a 25 registered California civil engineer to the Community Development Department Engineering Division for record purposes. The plans shall be approved by Rialto Water 26 Services, the water purveyor, prior to the issuance of building permits. Note that onsite private domestic water plans shall be reviewed by the Building Division. Offsite water 27 and sewer plan for laterals and services may be combined on a single plan. 28 -11-
1 46. The applicant shall submit a Precise Grading/Paving Plan prepared by a California registered civil engineer to the Community Development Department Engineering 2 Division for review and approval. The Grading Plan shall be approved by the City 3 Engineer prior to the issuance of building permits.
4 47. The applicant shall submit a Geotechnical/Soils Report, prepared by a California registered Geotechnical Engineer, for and incorporated as an integral part of the grading 5 plan for the proposed development. A copy of the Geotechnical/Soils Report shall be 6 submitted to the Community Development Department Engineering Division with the first submittal of the Precise Grading Plan.
7 48. The applicant shall submit a wet-signed and stamped Earthwork Cut and Fill 8 Certitication Letter prepared by a Civil Engineer registered in the state of Calitornia to the Community Development Department Engineering Division for review. 10 49. The applicant shall provide pad elevation certification for all building pads, in 11 conformance with the approved Precise Grading Plan, to the Engineering Division prior to construction of any building foundation.
12 50. The public street improvements outlined in these Conditions of Approval are intended 13 to convey to the developer an accurate scope of required improvements, however, the 14 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 15 required by these conditions.
16 51. The applicant shall construct asphalt concrete paving for streets in two separate lifts. 17 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 18 authorization, paving of streets in one lift prior to completion of on-site construction is not allowed. If City Engineer authorized, completion of asphalt concrete paving for 19 streets prior to completion of on-site construction activities, requires additional paving 20 requirements prior to acceptance of the street improvements, including, but not limited to: removal and replacement of damaged asphalt concrete pavement, overlay, slurry 21 seal, or other repairs.
22 52. The applicant shall repair all street cuts for utilities in accordance with City Standard 23 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 24 followed by placement of standard base course material in accordance with the Standard Specifications for Public Work Construction ("Greenbook"). The base course material 25 shall be placed the full height of the structural section to be flush with the existing 26 pavement surface and provide a smooth pavement surface until permanent cap paving occurs using an acceptable surface course material.
28 -12-
1 53. In accordance with City Ordinance No. 1589, adopted to preserve newly paved streets, any and all street and/or trench cuts in newly paved streets will be subject to moratorium 2 street repair standards as reference in Section 11.04.145 of the Rialto Municipal Code. 3 54. The applicant shall backfill and/or repair all utility trenches or other excavations within 4 existing asphalt concrete pavement of off-site streets resulting from the proposed development, in accordance with City of Rialto Standard Drawings. The applicant shall 5 be responsible for removing, grinding, paving and/or overlaying existing asphalt 6 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 7 development (i.e. Fontana Water Company, Southern California Edison, Southern California Gas Company, Time Warner, Verizon, etc.). Multiple excavations, trenches, 8 and other street cuts within existing asphalt concrete pavement of off-site streets 9 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. 10 The pavement condition of the existing off-site streets shall be returned to a condition 11 equal to or better than what existed prior to construction of the proposed development. 12 55. The applicant shall install underground all existing electrical distribution lines of sixteen thousand volts or less and overhead service drop conductors, and all telephone, 13 television cable service, and similar service wires or lines, which are on-site, abutting, 14 and/or transecting the site, in accordance with Chapter 15.32 of the Rialto Municipal Code, along the Baseline Avenue frontage to the centerline of Fitzgerald Avenue prior 15 to the issuance of a Certificate of Occupancy. Undergrounding shall extend to the 16 nearest off-site power pole. Unless City Engineer approved, no new power poles shall be installed. A letter from the owners of the affected utilities shall be submitted to the 17 City Engineer prior to approval of the Precise Grading/Paving Plan, informing the City that they have been notified of the City's utility undergrounding requirement and their 18 intent to commence design of utility undergrounding plans. When available, the utility undergrounding plan shall be submitted to the City Engineer identitying all above 19 ground facilities in the area of the project to be undergrounded. At the discretion of the 20 City Engineer, the undergrounding of the utilities may be required to extend west of the project to the west side of Fitzgerald Ave with reimbursement coming from the owner 21 of the parcel on the northeast corner of Baseline Ave and Fitzgerald Ăve, identified as Assessor's Parcel No. 0264-213-35.
22 23 56. The applicant shall replace all damaged, destroyed, or modified pavement legends, traffic control devices, signing, striping, and streetlights, associated with the proposed 24 development shall be replaced as required by the City Engineer prior to issuance of a 25 Certificate of Occupancy.
26 57. 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 27 of Rialto Standard Drawings, as required by the City Engineer, prior to the issuance of 28 a Certificate of Occupancy.
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1 58. 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 2 by the City Engineer. As a minimum, all construction signing, lighting and barricading 3 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 4 of construction.
5 Upon approval of any improvement plan by the City Engineer, the applicant shall 6 provide the improvement plan to the City in digital format, consisting of a DWC (AutoCAD drawing file), DXF (AutoCAD ASCIl drawing exchange file), and PDF 7 (Adobe Acrobat) formats. Variation of the type and format of the digital data to be submitted to the City may be authorized, upon prior approval by the City Engineer. 8 60. The applicant shall construct 4-inch conduit within the parkway area along the entire project frontage of Baseline Road for future use, prior to the issuance of a Certificate of 10 Occupancy. Contact the Engineering Division for design and material specifications. 11 61. The applicant shall dedicate additional right-of-way along the entire frontage of 12 Baseline Road, as necessary, to provide the ultimate half-width of 60 feet, as required by the City Engineer.
13 14 62. The applicant shall construct a twelve (12) toot wide raised and landscaped median island along the frontage of Baseline Road, as required by the City Engineer. Taper the 15 ends of the median as required for transitions into adjoining street widths. 16 63. The applicant shall construct three (3) new commercial driveway approaches on 17 Baseline Road, in accordance with City of Rialto Standard Drawings, or as otherwise approved by the City Engineer. The driveway approach shall be constructed so the top 18 of "X" is 5 feet from the property line, or as otherwise approved by the City Engineer.
Nothing shall be constructed or planted in the corner cut-off area which does exceed or 19 will exceed 30 inches in height in order to maintain an appropriate corner sight distance, 20 as required by the City Engineer.
21 64. Upon review of public improvement plans, the applicant shall dedicate additional right- 22 of-way as may be required to provide property line corner cutbacks at the northeast and northwest corners of the intersection of Baseline Road and the driveway connected to 23 Baseline Road, in accordance with City Standard SC-235, as required by the City Engineer.
24 25 65. The applicant shall construct curb ramps meeting current California State Accessibility standards at the signalized intersection of Baseline Road and Idyllwild Avenue, the 26 signalized intersection of Baseline Road and the proposed driveway in the center of the project frontage, and the northeast and northwest corners of the intersections of Baseline 27 Road and the proposed driveways on the east and west ends of the project frontage, in accordance with the City of Rialto Standard Drawings, and as required by the City 28 Engineer. The applicant shall ensure that an appropriate path of travel, meeting ADA -14-
1 guidelines, is provided across the driveway, and shall adjust the location of the access ramps, if necessary, to meet ADA guidelines, subject to the approval of the City 2 Engineer. If necessary, additional pedestrian and sidewalk easements shall be provided 3 on-site to construct a path of travel meeting ADA guidelines. 4 66. The applicant shall construct a 6-foot-wide Americans with Disabilities Act (ADA) compliant sidewalk 8 feet behind the edge of the curb along the entire project frontage 5 of Baseline Road, in accordance with City of Rialto Standard Drawings. 6 67. At the discretion of the City Engineer, the applicant shall construct an 8-inch curb and 7 gutter located 36 feet north of the centerline along the entire frontage of Baseline Road, 8 in accordance with City of Rialto Standard Drawings.
9 The applicant shall install "No Stopping Anytime" R26A(S)(CA) signage and provide proper striping for vehicular and bicycle lanes along the entire project frontage of 10 Baseline Road, as required by the City Engineer. Proper tapers and transitions shall be 11 provided as required by the City Engineer.
12 69. The applicant shall, as determined necessary by the City Engineer, remove existing pavement and construct new pavement with a minimum pavement section of 4 inches 13 asphalt concrete pavement over 6 inches crushed aggregate base with a minimum 14 subgrade of 24 inches at 95% relative compaction, or equal, along the entire project frontage of Baseline Road in accordance with City of Rialto Standard Drawings, as 15 determined to be necessary by the City Engineer. The pavement section shall be 16 determined using a Traffic Index ("TI") of 10. The pavement section shall be designed by a California registered Geotechnical Engineer using "R" values from the project site 17 and submitted to the City Engineer for approval. Pavement shall extend from clean sawcut edge of pavement at centerline of each street.
18 70. The minimum pavement section for all on-site pavements shall be 2½ inches asphalt 19 concrete pavement over 4 inches crushed aggregate base with a minimum subgrade of 20 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 21 Geotechnical Engineer using "R" values from the project site and submitted to the City 22 Engineer for approval.
23 71. In recognition of the Project impacts and the necessity for a Statement of Overriding Considerations in connection with the Project's environmental clearance, the Applicant 24 has offered as an offset benefit to the City (i) a Storm Drain Easement necessary for and 25 (ii) construction of the City's storm drainage infrastructure through the site and into the County of San Bernardino's Cactus Basin #3B. The storm drain is known as the 26 Baseline Master Planned Storm Drain and is approximately a 6' tall x 12' wide reinforced concrete box. Accordingly, within 30 days of final approval of the Project 27 entitlements, Applicant shall provide the City with an executed Storm Drain Easement 28 in substantially the form contained in Exhibit B attached herein. Construction of the storm drain by the Applicant shall commence within 180 days of construction plan -15-
1 approval and issuance of a permit by the County of San Bernardino. The Applicant's agreement to accept and abide by all conditions set forth in the Resolution(s) of 2 Approval for the Project shall constitute an express approval of this condition and the 3 Applicant waives its right to challenge the inclusion of this condition in the Resolution(s) of Approval.
4 5 72. A reimbursement agreement between the City and the Applicant shall be entered into for reimbursement of the costs associated with the construction of the City's 6-toot by 6 12-foot RC Box storm drain in accordance with the Rialto Municipal Code. 7 73. The applicant shall construct or pay Fair Share costs for traffic improvements as identified in the Traffic Impact Study, prepared for the project by Kimley-Horn & 8 Associates, Inc., dated November 2021.
The Applicant shall construct and place into operation a traffic signal located on 10 Baseline Road at the center driveway of the Site (Driveway #2) and at Idyllwild 11 Avenue intersections. The signals shall be interconnected to operate in a coordinated fashion. The traffic signal shall be operational prior to issuance of any Certificate of 12 Occupancy.
Applicant shall enter into a Fair Share Agreement with the City for Improvements 14 identified per Table 13 of the Traffic Impact Study, for mitigation of project impacts to surrounding roads and intersections prior to issuance of building permits 15 74. The applicant shall submit a Water Quality Management Plan identifying site specific 16 Best Management Practices ('BMPs") in accordance with the Model Water Quality 17 Management Plan ("WQMP") approved for use for the Santa Ana River Watershed.
The site specific WQMP shall be submitted to the City Engineer for review and approval 18 with the Precise Grading Plan. A WQMP Maintenance Agreement shall be required, obligating the property owners) to appropriate operation and maintenance obligations 19 of on-site BMPs constructed pursuant to the approved WQMP. The WQMP and 20 Maintenance Agreement shall be approved prior to issuance of a building permit, unless otherwise allowed by the City Engineer. The development of the Site is subject to the 21 requirements of the National Pollution Discharge Elimination System (NPDES) Permit 22 for the City of Rialto, issued by the Santa Ana Regional Water Quality Control Board, Board Order No. R8-2010-0036. Pursuant to the NPDES Permit, the Applicant shall 23 ensure development of the site incorporates post-construction Best Management Practices ("BMPs") in accordance with the Model Water Quality Management Plan 24 ("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 25 final site design, pursuant to a site specific WQMP submitted to the City Engineer for 26 review and approval.
75. The applicant shall prepare a Notice of Intent (NOI) to comply with the California 28 General Construction Stormwater Permit (Water Quality Order 2009-0009-DWQ as modified September 2, 2009) is required via the California Regional Water Quality -16-
1 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 2 to issuance of a grading or building permit. The applicant's contractor shall prepare and 3 maintain a Storm Water Pollution Prevention Plan ("SWPPP") as required by the General Construction Permit. All appropriate measures to prevent erosion and water 4 pollution during construction shall be implemented as required by the SWPPP. 5 76. 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 conformance with approved plans and specifications, and as identified in the approved 7 WQMP.
8 77. All stormwater runoff passing through the site shall be accepted and conveyed across 9 the property in a manner acceptable to the City Engineer. For all stormwater runoff falling on the site, on-site retention or other facilities approved by the City Engineer 10 shall be required to contain the increased stormwater runoff generated by the 11 development of the property. Provide a hydrology study, prepared by a Civil Engineer, to determine the volume of increased stormwater runoff due to development of the site, 12 and to determine required stormwater runoff mitigation measures for the proposed development. Final retention basin sizing and other stormwater runoff mitigation 13 measures shall be determined upon review and approval of the hydrology study by the 14 City Engineer and may require redesign or changes to site configuration or layout consistent with the findings of the final hydrology study. The volume of increased 15 stormwater runoff to retain on-site shall be determined by comparing the existing "pre- 16 developed" condition and proposed "developed" condition, using the 100-year frequency storm. All on-site and off-site designs must comply with Federal (NDES), 17 State, Regional, and City stormwater regulations.
18 78. Direct release of on-site nuisance water or stormwater runoff shall not be permitted to the adjacent public streets. Provisions for the interception of nuisance water from 19 entering adjacent public streets from the project site shall be provided through the use 20 of a minor storm drain system that collects and conveys nuisance water to landscape or parkway areas, and in only a stormwater runoff condition, pass runoff directly to the 21 streets through parkway or under sidewalk drains. All on-site and off-site designs must 22 comply with NPDES stormwater regulations.
23 79. The applicant shall connect the project to the City of Rialto sewer system and apply for a sewer connection account with Rialto Water Services.
24 25 80. The applicant is advised that domestic water service is provided by Rialto Water Services. The developer shall be responsible for coordinating with Rialto Water 26 Services and complying with all requirements for establishing domestic water service to the property.
28 81. The applicant shall install a new domestic water line lateral connection to the main water line within Baseline Road, pursuant to the Rialto Water Services requirements. A water -17-
1 line plan shall be approved by Rialto Water Services prior to the issuance of building permits.
2 3 82. The applicant shall provide certification from Rialto Water Services that demonstrates that all water and/or wastewater service accounts for the project are documented, prior 4 to the issuance of a Certificate of Occupancy or final inspection approval from the Community Development Department Engineering Division.
5 6 83. All 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 7 City's wastewater system operator (Veolia) prior to acceptance of the sewer system for maintenance by the City. The developer shall be responsible for all costs associated with 8 testing and inspection services. Any defects of the sewer main shall be removed, 9 replaced, or repaired to the satisfaction of the City Engineer prior to acceptance. 10 84. The original improvement plans prepared for the proposed development and approved 11 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 12 certificate of occupancy. Any modifications or changes to approved improvement plans shall be submitted to the City Engineer for approval prior to construction. 13 14 85. The applicant shall adhere to the City Council approved franchise agreements and disposal requirements during all construction activities, in accordance with Section 8.08 15 (Refuse Collection of the City of Rialto Municipal Code). 16 86. Prior to commencing with any grading, the applicant shall implement the required 17 erosion and dust control measures shall be in place. In addition, the following shall be included if not already identified:
18 a. 6 foot high tan colored perimeter screened fencing 19 20 b. Contractor information signage including contact information along the street frontage of Baseline Road.
21 22 c. Post dust control signage with the following verbiage: "Project Name, WDID No., IF YOU SEE DUST COMING FROM THIS PROJECT CALL: NAME (XXX) 23 XXX-XXX, If you do not receive a response, please call the AQMD at 1-800- CUT-SMOG/1-800-228-7664"
24 25 87. The applicant shall submit full architectural and structural plans with all mechanical, electrical, and plumbing plans, structural calculations, truss calculations and layout, 26 ough grading plans approved by Community Development Department Engineering, Water Quality Management Plan, Erosion Control Plan, Stormwater Pollutior 27 Prevention Plan, and Title 24 Energy Calculations to the Building Division for plan 28 check and review, prior to the issuance of building permits. -18-
1 88. 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, 2 perimeter walls, trash enclosure, etc.).
3 89. The applicant shall design the structures in accordance with the 2019 California 4 Building Code, 2019 California Mechanical Code, 2019 California Plumbing Code, and the 2019 California Electrical Code, 2019 Residential Code and the 2019 California 5 Green Buildings Standards adopted by the State of California. 6 90. The applicant shall design the structures to withstand ultimate wind speed of 130 miles 7 per hour, exposure C and seismic zone D.
8 The applicant shall submit fire sprinkler, fire alarm systems, and fire hydrant plans to 9 the Building Division for plan review concurrently with building plans and shall be approved prior to the issuance of a building permit.
10 11 92. The applicant shall obtain an Electrical Permit from the Building Division for any temporary electrical power required during construction. No temporary electrical power 12 will be granted to a project unless one of the following items is in place and approved by the Building Division: (A) Installation of a construction trailer, or, (B) Security 13 fencing around the area where the electrical power will be located. 14 93. The applicant shall install any required temporary construction trailer on private 15 property. No trailers are allowed to be located within the public right-of-way. The trailer shall be removed prior to the issuance of a Certificate of Occupancy. 16 17 94. The applicant shall design and construct accessible paths of travel from the building's accessible entrances to the public right-ot-way, accessible parking, and the trash 18 enclosure. Paths of travel shall incorporate (but not limited to) exterior stairs, landings, walks and sidewalks, pedestrian ramps, curb ramps, warning curbs, detectable warning, 19 signage, gates, lifts and walking surface materials, as necessary. The accessible route(s) of travel shall be the most practical direct route between accessible building entrances, site facilities, accessible parking, public sidewalks, and the accessible entrance(s) to the 21 site, California Building Code, (CBC) Chapter 11, Sec, 11A and 11B. 22 95. Prior to issuance of a Building Permit all of the following must be in place on the Site:
23 a portable toilet with hand wash station, all BMP's, fencing and signage on each adjacent street saying "If there is any dust or debris coming from this site please contact 24 (superintendent number here) or the AQMD if the problem is not being resolved" or 25 something similar to this.
26 96. The applicant shall provide temporary toilet facilities for the construction workers. The toilet facilities shall always be maintained in a sanitary condition. The construction 27 toilet facilities of the non-sewer type shall conform to ANSI ZA.3. 28 -19-
1 97. 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 2 by the utility company or the City.
3 Prior to issuance of Building Permits, site grading final and pad certifications shall be 4 submitted to the Building Division, which include elevation, orientation, and compaction. The certifications are required to be signed by the engineer of record. 5 6 The applicant shall provide proof of payment to the Rialto Unified School District for all required school fees, prior to the issuance of a building permit. 100. Site facilities such as parking open or covered, recreation facilities, and trash dumpster 8 areas, and common use areas shall be accessible per the California Building Code, 9 Chapter 11.
10 101. The applicant shall place a copy of the Conditions of Approval herein on within the 11 building plan check submittal set and include the PPD number on the right bottom corner cover page in 20 point bold, prior to the issuance of a building permit. 12 102. The applicant shall ensure that a minimum of 65% of all construction and demo debris 13 shall be recycled using an approved City of Rialto recycling facility during construction. 14 Copies of receipts for recycling shall be provided to the City Inspector and a copy shall be placed in the office of the construction site.
15 103. Prior to issuance of Building Permits, on site water service shall be installed and 16 approved by the responsible agency. On site fire hydrants shall be approved by the Fire 17 Department. No flammable materials will be allowed on the site until the fire hydrants are established and approved.
18 104. The applicant shall comply with all applicable requirements of the California Fire Code 19 and Chapter 15.28 (Fire Code) of the Rialto Municipal Code. 20 105. The applicant shall illuminate all walkways, passageways, and locations where 21 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 22 manner as to automatically turn on at dusk and turn off at dawn. 23 106. The applicant shall illuminate all alleyways, driveways, and uncovered parking areas 24 with a minimum of 1.5-foot candles (at surface level) of light during the hours of 25 darkness. Lighting shall be designed/constructed in such a manner as to automatically turn on at dusk and turn off at dawn.
26 107. The applicant shall illuminate all loading dock areas, truck well areas, and delivery areas 27 with a minimum of 2.0 foot-candles (at surface level) of light during the hours of darkness. Lighting shall be designed/constructed in such a manner as to automatically 28 turn on at dusk and turn off at dawn.
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1 108. The applicant shall design/construct all lighting fixtures and luminaries, including 2 supports, poles and brackets, in such a manner as to resist vandalism and/or destruction 3 by hand.
4 109. The applicant shall provide an illuminated channel letter addresses prominently placed on the building to be visible to the front of the location and if applicable, visible from 5 the main street to which they are located (e.g. commercial building facing the interior 6 of the property would require two address signs if located adjacent to a roadway), prior to the issuance of a Certificate of Occupancy.
7 110. At the discretion of the Rialto Police Department, the applicant shall install exterior 8 security cameras at the location that cover the entire Site, prior to the issuance of a 9 Certificate of Occupancy. The security cameras shall be accessible to the Rialto Police Department via FusionONE web application.
10 11 111. The applicant shall install Knox boxes immediately adjacent to the main entrance of each building and at least one (1) rear entrance on each building to facilitate the entry of 12 safety personnel. The Knox boxes shall be installed in such a manner as to be alarmed, resist vandalism, removal, or destruction by hand, and be fully recessed into the 13 building. The Knox boxes shall be equipped with the appropriate keys, for each required 14 location, prior to the first day of business. The Knox-Box placement shall be shown on the formal building plan review submittal prior to the issuance of a building permit. 15 112. The applicant shall prominently display the address on the building rooftop to be visible 16 to aerial law enforcement or fire aircraft. Specifications to be followed for alphanumeric 17 characters are as follows: Three (3) foot tall and six (6) inches thick alphanumeric characters. The alphanumeric characters shall be constructed in such a way that they are 18 in stark contrast to the background to which they are attached (e.g. white numbers and 19 letters on a black background), and resistant weathering that would cause a degradation of the contrast.
20 113. The applicant shall provide an audible alarm within the building, prior to the issuance 21 of a Certificate of Occupancy. The building shall be alarmed in such a way as to emit a continuous audible notification until reset by responsible personnel (e.g. alarmed exit 22 device / crash bar).
23 114. The applicant or General Contractor shall identify each contractor and subcontractor 24 hired to work at the job site on a Contractor Sublist form and return it to the Business 25 License Division with a Business License application and the Business License tax fee based on the Contractors tax rate for each contractor.
26 115. Prior to issuance of a Certificate of Occupancy, the Lessor(s) of the Site shall pay a 27 business license tax based on the Rental Income Property tax rate. 28 -21-
1 SECTION 5. The Chairman of the Planning Commission shall sign the passage and 2 adoption of this resolution and thereupon the same shall take effect and be in force. 3 PASSED, APPROVED AND ADOPTED this 26th day of April, 2023. 4 5
6 JERRY GUTIERREZ, CHAIR
7 CITY OF RIALTO PLANNING COMMISSION
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1 STATE OF CALIFORNIA )
2 COUNTY OF SAN BERNARDINO ) SS
3 CITY OF RIALTO )
5 I, Kimberly Dame, Administrative Analyst of the City of Rialto, do hereby certify that the 6 foregoing Resolution No. 2023-37 was duly passed and adopted at a regular meeting of the Planning 7 Commission of the City of Rialto held on the 26th day of April, 2023. 8 Upon motion of Commissioner Dale Estvander, second by Commissioner Frank Gonzalez, 9 foregoing Resolution No. 2023-37 was duly passed and adopted. 10 Vote on the motion:
12 AYES: 4 (Gutierrez, Peukert, Estvander, Gonzalez)
13 NOES: 0
14 ABSTENTION: 1 (Gilbert)
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 26th day of April, 2023.
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21 Kimberly Dame
22 Administrative Analyst
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