RESOLUTION NO. XXXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RIALTO, CALIFORNIA, APPROVING SPECIFIC PLAN AMENDMENT NO. 2020-0002 TO AMEND THE PEPPER AVENUE SPECIFIC PLAN TO ADD A NEW “LIGHT INDUSTRIAL” LAND USE DESIGNATION, ADD DEVELOPMENT STANDARDS FOR THE NEW “LIGHT INDUSTRIAL” LAND USE DESIGNATION, DIVIDE PLANNING AREA 1 INTO TWO (2) PLANNING AREAS (PLANNING AREA 1 (2.63 ACRES) AND PLANNING AREA 10 (11.64 ACRES)), CHANGE THE LAND USE DESIGNATIONS OF PLANNING AREAS 2, 3, AND 10 FROM COMMUNITY COMMERCIAL TO LIGHT INDUSTRIAL, ADD VARIOUS TRAFFIC CIRCULATION IMPROVEMENTS, AND ADD VARIOUS TEXTUAL AND GRAPHICAL AMENDMENTS.
WHEREAS, the applicant, Howard Industrial Partners, LLC, (“Applicant”) proposes to develop and operate a 470,000 square foot industrial warehouse building (“Warehouse Project”) on approximately 23.82 acres of land (APNs: 0264-201-29 & 0264-201-30) located on the east side of Pepper Avenue approximately 500 feet south of the SR-210 Freeway within Planning Area 2 and Planning Area 3 of the Pepper Avenue Specific Plan (“Warehouse Project Site”); and WHEREAS, the Pepper Avenue Specific Plan consists of approximately 101.7 acres of land (APN’s: 0264-191-02, -04, -13, & -14 and 0264-201-08, -25, -27, -28, -29, -30, & -31) generally located east of Eucalyptus Avenue, south of the SR-210 Freeway, west of Meridian Avenue, and north of Walnut Avenue; and WHEREAS, according to Section 5.5.2 (Prohibited Uses) of the Pepper Avenue Specific Plan, the development and operation of industrial warehouse buildings, such as the Warehouse Project, is prohibited within the entirety of the Pepper Avenue Specific Plan area; and WHEREAS, in conjunction with the Warehouse Project, the applicant has submitted Specific Plan Amendment No. 2020-0002 (“SPA No. 2020-0002”) to amend the Pepper Avenue Specific Plan (“SPA Project”), and the SPA Project is necessary to facilitate the Warehouse Project; and WHEREAS, the site for the SPA Project is the entirety of the Pepper Avenue Specific Plan area, which consists of eleven (11) parcels of land (APNs: 0264-191-02, -04, -13, & -14 and 0264-201-08, -25, -27, -28, -29, -30, & -31) approximately 101.7 acres in size and generally located south of the SR-210 Freeway, north of Walnut Avenue, east of Eucalyptus Avenue west of Meridian Avenue (“SPA Project Site”); and WHEREAS, the SPA Project proposes an amended version of the Pepper Avenue Specific Plan with the following components:
Provision of a new “Light Industrial” land use designation that will allow warehouses and logistics centers as permitted uses; and Provision of development standards for the new “Light Industrial” land use designation; and Dividing of Planning Area 1 into two (2) Planning Areas: Planning Area 1, encompassing 2.63 acres, and Planning Area 10, encompassing 11.64 acres; and Amending the land use designations of Planning Areas 2, 3, and 10 from Community Commercial with a development maximum of 476,650 square feet to the new Light Industrial land use designation with a development maximum of 735,185 square feet, the residential overlay on Planning Area 3 will be preserved in place; and Various traffic circulation improvements, such as provisions of new access points and new medians; and Various textual and graphic amendments related to the changes listed above; and WHEREAS, in conjunction with the Warehouse Project, the applicant has submitted Conditional Development Permit No. 2020-0008 to facilitate the development and use of a 470,000 square foot industrial warehouse building on the Warehouse Site (“CDP No. 2020-0008”); and WHEREAS, in conjunction with the Warehouse Project, the applicant has submitted Precise Plan of Design No. 2020-0014 to facilitate the development of a 470,000 square foot industrial warehouse building on the Warehouse Site (“PPD No. 2020-0014”); and WHEREAS, the SPA Project and the Warehouse Project are together referred to as “Project” or “project” herein; and WHEREAS, pursuant to Section 18.78.010 of the Rialto Municipal Code, the City Council is authorized to adopt and implement specific plans with the City; and WHEREAS, pursuant to Section 18.78.060E and Section 18.78.060F of the Rialto Municipal Code, the Planning Commission shall hold a public hearing for a proposed amendment to an adopted specific plan and forward a recommendation to the City Council for action; and WHEREAS, on March 8, 2023, the Planning Commission of the City of Rialto conducted a duly noticed public hearing, as required by law, on SPA No. 2020-0002, CDP No. 2020-0008, and PPD No. 2020-0014, took testimony, at which time it received input from staff, the city attorney, and the Applicant; heard public testimony; discussed the proposed SPA No. 2020-0002, CDP No. 2020-0008, and PPD No. 2020-0014; and closed the public hearing; and WHEREAS, on March 8, 2023, the Planning Commission voted 4-0 (1 recusal & 1 vacancies) to recommend denial of SPA No. 2020-0002, CDP No. 2020-0008, and PPD No. 2020-0014 to the City Council; and WHEREAS, on April 25, 2023, the City Council conducted a duly noticed public hearing, as required by law, on SPA No. 2020-0002, CDP No. 2020-0008, and PPD No. 2020-0014, took testimony, at which time it received input from staff, the city attorney, and the applicant; heard public testimony, discussed SPA No. 2020-0002, CDP No. 2020-0008, and PPD No. 2020-0014; and closed the public hearing; and WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred.
NOW, THEREFORE, the City Council hereby finds, determines, and resolves as follows:
SECTION 1. The City Council hereby specifically finds that all of the facts set forth in the recitals above of this Resolution are true and correct and incorporated herein.
SECTION 2. Based on substantial evidence presented to the City Council during the public hearing conducted with regard to SPA No. 2020-0002, including written staff reports, verbal testimony, project plans, other documents, and the conditions of approval stated herein, the City Council hereby determines that SPA No. 2020-0002 satisfies the requirements of Government Code Sections 65358 and 65453 and Section 18.78.060I of the Rialto Municipal Code pertaining to the findings which must be made precedent to amending a Specific Plan. The findings are as follows:
That the proposed Specific Plan Amendment is consistent with the goals and policies of the General Plan and its purposes, standards and land use guidelines; and This finding is supported by the following facts:
The applicant proposes the SPA Project to amend the Pepper Avenue Specific Plan, as necessary, to facilitate the development of a 470,000 square foot industrial warehouse building on Planning Area 2 and Planning Area 3 as well as up to an additional 250,185 square feet of future industrial developments on Planning Area 10. The SPA Project will facilitate the development and operation of the highest and best uses on an area of land that has remained historically vacant with limited to no interest from commercial retail developers.
Additionally, the Project is consistent with Goal 2-16 and Goal 2-22 of the Land Use Element of the General Plan, which encourages improved architectural and design quality that is sensitive to the needs of the visitor or resident. The SPA Project will facilitate a development of superior architectural quality. The associated Warehouse Project proposes to incorporate significant wall plane articulation and several other architectural features including reveals, metal brow accents, and glazing. The development will also include a solid concrete screen wall around the entire truck court to screen views and reduce noise pollution.
Furthermore, the Project is consistent with Goal 3-1 of the Economic Development Element of the General Plan, which encourages strengthening and diversification of the economic base and employment opportunities, while maintaining a positive business climate.
That the proposed Specific Plan Amendment will help achieve a balanced community of all races, age groups, income levels and ways of life; and This finding is supported by the following facts:
The Project will facilitate the development of a 470,000 square foot industrial warehouse building on Planning Area 2 and Planning Area 3 as well as up to an additional 250,185 square feet of future industrial developments on Planning Area 10, which will provide new jobs across various wage and education levels available to all races, age groups, and ways of life.
That the proposed Specific Plan Amendment results in development of desirable character, which will be compatible with existing and proposed development in the surrounding neighborhood; and This finding is supported by the following facts:
The SPA Project will facilitate the development of a high-quality competitive industrial warehouse building. The proposed Warehouse Project is located over 800 feet from the nearest sensitive receptor. Nevertheless, the Warehouse Project proposes to incorporate significant wall plane articulation and several other architectural features including reveals, metal brow accents, and glazing for enhanced aesthetics, as well as a solid concrete screen wall around the entire truck court to screen views and reduce noise pollution.
The immediate area is predominantly vacant and designated for non-residential uses, and as a result, there are no sensitive land uses adjacent to or across the street from the Warehouse Project Site or any other area to be designated Light Industrial as a part of the SPA Project. The SPA Project and the associated Warehouse Project are not expected to negatively impact any uses since measures, such as landscape buffering, the installation of solid screen walls, and the prohibition of truck movements south on Pepper Avenue will be implemented.
That the proposed Specific Plan Amendment contributes to a balance of land uses that will enable local residents to work and shop in the community in which they live; and This finding is supported by the following facts:
To the north of the Pepper Avenue Specific Plan area is the SR-210 Freeway, and to the east is approximately 8.02 acres of vacant land. To the immediate south of the Specific Plan area is approximately 30.50 acres of vacant land and further south are several single-family residential subdivisions. Lastly, to the west of the Specific Plan area is Frisbie Park and several single-family residential subdivisions. The land within the Pepper Avenue Specific Plan area has remained historically undeveloped and without any commercial uses. A Market Assessment prepared by Kosmont Companies in 2019 concluded there to be limited demand for retail space in the immediate area of the Pepper Avenue Specific Plan and greater demand for warehouse uses. The SPA Project will facilitate the development and operation of the highest and best uses and provide job opportunities for those living in existing residential areas within the City.
That the proposed Specific Plan Amendment respects the environmental and aesthetic assets of the community consistent with economic realities; and This finding is supported by the following facts:
The City retained Enplanners, an environmental consulting firm, to conduct a peer review of a Subsequent Environmental Impact Report (Environmental Assessment Review No. 2020-0010) prepared by EPD Solutions, Inc. for the Project. The Subsequent Environmental Impact Report indicated that the Project will result in a significant and unavoidable impact to air quality and greenhouse gas emissions. Mitigation measures within the Subsequent Environmental Impact Report will reduce the adverse significant environmental effects of the Project to the greatest extent feasible. Through the adoption of the Subsequent Environmental Impact Report and a Statement of Overriding Considerations, it is determined that the social, economic, and environmental benefits of the Project separately and individually outweigh the potential unavoidable adverse impacts of the Project and render those potential adverse environmental impacts acceptable based upon the following:
The Project would result in an 86 percent decrease in vehicular trips in comparison to the existing Pepper Avenue Specific Plan, which would result in a substantial decrease in air quality emissions, greenhouse gas emissions, fuel energy, and vehicular noise in comparison to buildout of the current land use plan; The Project includes 28 measures from the California Attorney General’s Warehouse Projects: Best Practices and Mitigation Measures to Comply with the California Environmental Quality Act (PDF AQ-1 through PDF AQ-28), including zero emissions technology, and implements the 2017 Final EIR Project Design Features related to geology, hydrology and water quality, public services, transportation, and utilities; The Project provides additional jobs that are within SCAG growth projections in an environmentally sustainable manner by providing job opportunities for nearby residents near regional transportation that would reduce vehicle miles traveled; The City of Rialto has had unemployment rates ranging between 4.6 and 10.9 percent over the last 5 years (EDD 2022). The Project would provide new employment opportunities for people living in Rialto and the surrounding cities. Most of the new labor and office jobs that would be created by the proposed Project would be positions that are anticipated to be filled by people who would already be living within Rialto and surrounding communities; Additionally, the Development, enabled by the Project, will meet or exceed all aesthetic design guidelines required by the Pepper Avenue Specific Plan and City’s Design Guidelines through the incorporation of landscaping, significant wall plane articulation on the building, and several other architectural features including reveals, metal brow accents, and glazing.
That the proposed Specific Plan Amendment incorporates, where feasible, active and passive energy conservation measures.
This finding is supported by the following facts:
The Development, enabled by the Project, is required to meet or exceed California Building Code Title 24, Part 6 Energy Efficiency Standards. This will be achieved through the implementation of features such as, but not limited to, energy efficient windows, energy efficient heating and cooling systems, painting in light colors to reflect heat away, and structural accommodation of photovoltaic solar electric systems.
SECTION 3. A Subsequent Environmental Impact Report (Environmental Assessment Review No. 2020-0010) has been prepared for the proposed Project in accordance with the California Environmental Quality Act (CEQA) and it has been determined that the Project will create unavoidable significant impacts to air quality and greenhouse gas emissions. On April 25, 2023, the City Council adopted the Final Subsequent Environmental Impact Report prepared for the Project.
SECTION 4. The City Council hereby approves SPA No. 2020-0002 amending the Pepper Avenue Specific Plan in accordance with the amended specific plan attached hereto as Exhibit A, exclusive of the removal of any redlines/highlights and the addition of final dates and related Resolutions/Ordinances, subject to the following conditions:
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 instrumentalities thereof (collectively, the “City Parties”), from any and all claims, demands, law suits, writs of mandamus, and other actions and proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute resolutions procedures (including, but not limited to arbitrations, mediations, and other such procedures), (collectively “Actions”), brought against the City, and/or any of its officials, officers, employees, agents, departments, agencies, and 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 its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof (including actions approved by the voters of the City), for or concerning the Project (collectively, the “Entitlements”), whether such Actions are brought under the California Environmental Quality Act, the Planning and Zoning Law, the Subdivision Map Act, Code of Civil Procedure Chapter 1085 or 1094.5, the 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 condition to indemnify, 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, attorneys’ fees and other costs, liabilities and expenses incurred in connection with such proceeding whether incurred by applicant, Property owner, or the City and/or other parties initiating or bringing such proceeding (collectively, subparts (i) and (ii) 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 Damages incurred by any of the City Parties in such 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 an agreement to indemnify, protect, defend, and hold the City harmless as stated herein within five (5) days of approval of SPA No. 2020-0002.
In accordance with the provisions of Government Code Section 66020(d)(1), the imposition of fees, dedications, reservations, or exactions for this Project, if any, are subject to protest by the applicant at the time of approval or conditional approval of the Project or within 90 days after the date of the imposition of the fees, dedications, reservations, or exactions imposed on the Project.
The applicant shall provide six (6) hard copies and a digital (PDF) copy of the final version of the Pepper Avenue Specific Plan, as amended through Specific Plan Amendment No. 2020-0002 and as approved by the City Council. The final version shall include the removal of any redlines/highlights and the addition of final dates and related Resolutions/Ordinances. The copies shall be provided to the Planning Division within thirty (30) days of the adoption of this Resolution.
The applicant shall comply with all conditions of approval contained in CDP No. 2020-0008 and PPD No. 2020-0014, to the extent they are not in conflict with any condition of approval herein.
SECTION 5. The Mayor shall sign as to the passage and adoption of this resolution and thereupon the same shall take effect and be in force.
PASSED, APPROVED AND ADOPTED this 13th day of June, 2023. _________________________________
DEBORAH ROBERTSON, MAYOR
ATTEST:
__________________________________
BARBARA MCGEE, CITY CLERK
APPROVED AS TO FORM:
__________________________________
ERIC S. VAIL, CITY ATTORNEY
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss
CITY OF RIALTO )
I, BARBARA MCGEE, City Clerk of the City of Rialto, do hereby certify that the foregoing Resolution No. _________ was duly passed and adopted at a regular meeting of the City Council of the City of Rialto held on the ______ day of ___________________, 2023.
Upon motion of Councilmember _______________, seconded by Councilmember ___________________, the foregoing Resolution No. _________ was duly passed and adopted.
Vote on the motion:
AYES:
NOES:
ABSENT:
IN WITNESS WHEREOF, I have hereunto set my hand and the Official Seal of the City of Rialto this ______ day of __________________, 2023. ________________________________
BARBARA MCGEE, CITY CLERK
Exhibit A
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