1 RESOLUTION NO. 2023-56
2 A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF RIALTO, CALIFORNIA RECOMMENDING THAT THE
CITY COUNCIL ADOPT A MITIGATED NEGATIVE
4 DECLARATION (ENVIRONMENTAL ASSESSMENT REVIEW
NO. 2022-0067) FOR A PROJECT CONSISTING OF A GENERAL
5 PLAN AMENDMENT, SPECIFIC PLAN AMENDMENT, THE
6 MERGING OF TEN (10) PARCELS OF LAND INTO ONE (1) NEW
PARCEL OF LAND, AND THE DEVELOPMENT AND USE OF A
7 131,625 SQUARE FOOT INDUSTRIAL WAREHOUSE
8 BUILDING ON SAID PARCEL OF LAND.
9 WHEREAS, the applicant, Patriot Development Partners, LLC, ("Applicant") proposes to 10 merge ten (10) parcels of land (APNs: 0132-171-01, -02, -03, -04, -05, -08, -09, -10, -13 & 0254- 11 111-01) located at the southeast corner of Valley Boulevard and Willow Avenue ("Site") into one 12 (1) new 5.97 net acre parcel of land and develop and operate a 131,625 square foot industrial 13 warehouse building on said parcel of land ("Project"); and 14 WHEREAS, the Site contains a general plan land use designation of General Commercial 15 (GC) with a Specific Plan Overlay and a specific plan zoning designation of Freeway Commercial 16 (F-C) within the Gateway Specific Plan; and
17 WHEREAS, in conjunction with the Project, the applicant has submitted General Plan 18 Amendment No. 2022-0002 to change the general plan land use designation of the Site, as 19 described in the legal description attached as Exhibit A, from General Commercial (GC) with a 20 Specific Plan Overlay to Business Park (BP) with a Specific Plan Overlay ("GPA No. 2022- 21 0002"); and
22 WHEREAS, in conjunction with the Project, the applicant has submitted Specific Plan 23 Amendment No. 2022-0003 to change the specific plan zoning designation of the Site, as described 24 in the legal description attached as Exhibit A, from Freeway Commercial (F-C) within the Gateway 25 Specific Plan to Industrial Park (I-P) within the Gateway Specific Plan ("SPA No. 2022-0003"); 26 and
27 28
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1 WHEREAS, in conjunction with the Project, the applicant has submitted Tentative Parcel 2 Map No. 2022-0005, also referred to as Tentative Parcel Map No. 20622, in accordance with the Subdivision Map Act (Government Code §§ 66410 et seq.), to consolidate the ten (10) parcels of' 4 land within the Site into one (1) 5.97 net acre parcel of land ("TPM No. 20622"); and); and 5 WHEREAS, in conjunction with the Project, the applicant has submitted Conditional 6 Development Permit No. 2022-0039 to facilitate the development and operation of a 131,625 7 square foot industrial warchouse building on the Site ("CDP No. 2022-0039"); and 8 WHEREAS, in conjunction with the Project, the applicant has submitted Precise Plan of 9 Design No. 2022-0065 to facilitate the development of a 131,625 square foot industrial warehouse 10 building on the Site ("PPD No. 2022-0065"); and
11 WHEREAS, pursuant to the provisions of the California Environmental Quality Act, 12 Public Resources Code Sections 21000 et. seq. (" CEQA"), the State's CEQA Guidelines, 13 California Code of Regulations, Title 14, Section 15000 et. seq., and Government Code Section 14 65962.5(t) (Hazardous Waste and Substances Statement), the City reviewed an Initial Study 15 (Environmental Assessment Review No. 2019-0082) prepared by Lilburn Corporation and 16 determined that there is no substantial evidence that the approval of the Project would result in a 17 significant adverse effect on the environment, provided appropriate mitigation measures are 18 imposed on the Project; thus, a Mitigated Negative Declaration was prepared and notice thereof 19 was given in the manner required by law; and
20 WHEREAS, a Notice of Completion for the Mitigated Negative Declaration was 21 distributed to the State Clearinghouse on April 14, 2023 (SCH#: 2023040362); and 22 WHEREAS, a Notice of Intent to adopt the Mitigated Negative Declaration for the Project 23 was published in the San Bernardino Sun newspaper, and mailed to all property owners within 24 1,000 feet of the Project Site, and a thirty (30) day public comment period was held from April 17, 25 2023 to May 16, 2023; and
26 WHEREAS, The Planning Division did not receive any comment letters during the thirty 27 (30) day public comment period; and
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1 WHEREAS, the City mailed public hearing notices for the proposed Project to all property 2 owners within 1,000 feet of the project site, and published the public hearing notice in the San 3 Bernardino Sun newspaper as required by State law; and 4 WHEREAS, on August 9, 2023, the Planning Commission of the City of Rialto conducted 5 a duly noticed public hearing, as required by law, on the Mitigated Negative Declaration, GPA 6 No. 2022-0002, SPA No. 2022-0003, TPM No. 20622, CDP No. 2022-0039, and PPD No. 2022- 7 0065, took testimony, at which time it received input from staff, the city attorney, and the 8 Applicant; heard public testimony; discussed the proposed Mitigated Negative Declaration, GPA 9 No. 2022-0002, SPA No. 2022-0003, TPM No. 20622, CDP No. 2022-0039, and PPD No. 2022- 10 0065; and closed the public hearing; and
11 WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred. 12 NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Rialto 13 as follows:
14 SECTION 1: The Planning Commission hereby finds all of the above recitals to be true 15 and correct.
16 SECTION 2: The Planning Commission has independently reviewed and considered the 17 proposed Initial Study and Mitigated Negative Declaration (Environmental Assessment Review 18 No. 2022-0067) attached hereto as Exhibit "B" and incorporated herein by this reference, the 19 public comments upon it, and other evidence, and finds that the Mitigated Negative Declaration 20 was prepared in the manner required by law, and there is no substantial evidence in the record to 21 support a fair argument that the Project would result in a significant adverse effect upon the 22 environment, provided appropriate mitigation measures are imposed as recommended below. 23 SECTION 3: The Initial Study (Environmental Assessment Review No. 2022-0067) 24 prepared for the project identified that the Site did not have suitable habitat for any threatened or 25 endangered species, and therefore the proposed Project will have no individual or cumulative 26 adverse impacts upon resources, as defined in Section 711. 2 of the State Fish and Game Code. 27 SECTION 4: The attached proposed Initial Study and Mitigated Negative Declaration 28 finds that there are no impacts or less than significant impacts to aesthetics, agriculture and forestry -3-
1 resources, air quality, biological resources, greenhouse gas emissions, hazards and hazardous 2 materials, hydrology/water quality, land use/planning, mineral resources, noise, 3 population/housing, public services, recreation, traffic and transportation, and utilities and service 4 systems.
5 SECTION 5: With the imposition of mitigation measures that address potential impacts 6 upon cultural resources, geology and soils, tribal cultural resources, and mandatory findings of significance in the community, and as set forth in the Mitigation Monitoring & Reporting Program, 8 Exhibit "C" hereto, which is attached hereto and incorporated herein by this reference, the 9 proposed Project's potential significant impacts will be reduced below a level of significance. 10 SECTION 6: For the foregoing reasons and based on the information and findings included 11 in the Initial Study and Mitigated Negative Declaration, technical reports, Mitigation Monitoring 12 and Reporting Program, Staff Report, public testimony, and all other documents and evidence in 13 the administrative record of proceedings, the Planning Commission has determined that the 14 Project, as conditioned and mitigated, will not have a significant adverse impact on the 15 environment and also finds that the preparation of the Initial Study and Mitigated Negative 16 Declaration attached hereto complies with CEQA. Therefore, the Planning Commission 17 recommends that the City Council certify the Initial Study, Mitigated Negative Declaration, and 18 Mitigation Monitoring and Reporting Program, making certain environmental findings to allow 19 the Project.
20 SECTION 7: The Chairman of the Planning Commission shall sign the passage and 21 adoption of this resolution and thereupon the same shall take effect and be in force. 22 PASSED, APPROVED AND ADOPTED this 9th day of August, 2023. 23 24
25 26 JERRY GUTIÉRREZ, CHAIR
27 CITY OF RIALTO PLANNING COMMISSION
28 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. 2023-56 was duly passed and adopted at a regular meeting of the Planning 7 Commission of the City of Rialto held on the 9* day of August 2023. 8 Upon motion of Commissioner Dale Estvander, second by Commissioner Artist Gilbert, 9 foregoing Resolution No. 2023-56 was duly passed and adopted. 10 11 Vote on the motion:
12 AYES: 4 (Gutierrez, Peukert, Estvander, Gilbert)
13 NOES: 0
14 ABSTENTION: 1 (Gonzalez)
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 9th day of August 2023.
19 20
21 22 Kimberly Dame
Administrative Analyst
23 24
25 26
27 28
RESOLUTION NO. 2023-57
2 A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF RIALTO, CALIFORNIA, RECOMMENDING THAT
THE CITY COUNCIL APPROVE GENERAL PLAN
4 AMENDMENT NO. 2022-0002 TO CHANGE THE GENERAL
PLAN LAND USE DESIGNATION OF APPROXIMATELY 5.97
5 ACRES OF LAND (APNs: 0132-171-01, -02, -03, -04, -05, -08, -09, 6 -10, -13 & 0254-111-01) LOCATED AT THE SOUTHEAST
CORNER OF VALLEY BOULEVARD AND WILLOW AVENUE
7 FROM GENERAL COMMERCIAL (GC) WITH A SPECIFIC
8 PLAN OVERLAY TO BUSINESS PARK (BP) WITH A SPECIFIC
PLAN OVERLAY.
9 10 WHEREAS, approximately 5.97 acres of land (APNs: 0132-171-01, -02, -03, -04, -05, -08, 11 -09, -10, -13 & 0254-111-01) located at the southeast corner of Valley Boulevard and Willow 12 Avenue, described in the legal description attached as Exhibit A ("Site"), is currently designated by 13 the Land Use Element of the General Plan as General Commercial (GC) with a Specific Plan Overlay; 14 and
15 WHEREAS, the applicant, Patriot Development Partners, LLC, proposes to change the 16 general plan land use designation of the Site to Business Park (BP) with a Specific Plan Overlay 17 ("Project"); and
18 WHEREAS, in conjunction herewith, the applicant has submitted Specific Plan 19 Amendment No. 2022-0003 to change the specific plan zoning designation of the Site from a 20 Freeway Commercial (F-C) within the Gateway Specific Plan to Industrial Park (I-P) within the 21 Gateway Specific Plan ("SPA No. 2022-0003"); and
22 WHEREAS, in conjunction with the Project, the applicant has submitted Tentative Parcel 23 Map No. 2022-0005, also referred to as Tentative Parcel Map No. 20622, in accordance with the 24 Subdivision Map Act (Government Code §§ 66410 et seq.), to consolidate the ten (10) parcels of 25 land within the Site into one (1) 5.97 net acre parcel of land ("TPM No. 20622"); and); and 26 WHEREAS, in conjunction with the Project, the applicant has submitted Conditional 27 Development Permit No. 2022-0039 to facilitate the development and operation of a 131,625 28 square foot industrial warehouse building on the Site ("CDP No. 2022-0039"); and -1-
1 WHEREAS, in conjunction with the Project, the applicant has submitted Precise Plan of 2 Design No. 2022-0065 to facilitate the development of a 131,625 square foot industrial warehouse 3 building on the Site ("PPD No. 2022-0065"); and
4 WHEREAS, pursuant to Government Code Sections 65350-65362, the Project requires the 5 approval of an amendment to the General Plan, and the applicant has agreed to apply for General Plan Amendment No. 2022-0002 ("GPA No. 2022-0002"); and 7 WHEREAS, pursuant to Government Code Sections 65350-65362, the City Council is 8 authorized to amend the General Plan within the City; and 9 WHEREAS, pursuant to Government Code Sections 65350-65362, the Planning 10 Commission shall hold a public hearing for a proposed amendment to the General Plan and forward 11 a recommendation to the City Council for action; and 12 WHEREAS, on August 9, 2023, the Planning Commission of the City of Rialto conducted 13 a duly noticed public hearing, as required by law, on GPA No. 2022-0002, SPA No. 2022-0003, 14 TPM No. 20622, CDP No. 2022-0039, and PPD No. 2022-0065, took testimony, at which time it 15 received input from staff, the city attorney, and the applicant; heard public testimony; discussed 16 GPA No. 2022-0002, SPA No. 2022-0003, TPM No. 20622, CDP No. 2022-0039, and PPD No. 17 2022-0065; and closed the public hearing; and
18 WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred. 19 NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Rialto 20 as follows:
21 SECTION 1. The Planning Commission hereby specifically finds that all of the facts set forth 22 in the recitals above of this Resolution are true and correct and incorporated herein. 23 SECTION 2. Based on substantial evidence presented to the Planning Commission during 24 the public hearing conducted with regard to GPA No. 2022-0002, including written staff reports, 25 verbal testimony, project plans, other documents, and the conditions of approval stated herein, the 26 Planning Commission hereby determines that GPA No. 2022-0002 satisfies the requirements of 27 Government Code Sections 65358 pertaining to the findings which must be made precedent to 28 amending a General Plan. The findings are as follows:
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1 That the proposed General Plan Amendment is in the public interest. 2 3 This finding is supported by the following facts:
4 The Site is surrounded on the north and west by existing industrial developments and uses. 5 The Site is currently partially developed and occupied by tenants that utilize the Site for the storage and maintenance of trucks, trailers, construction materials, etc. The Project will 6 change the general plan land use designation of the Site to Business Park (BP) with a Specific Plan Overlay, which is the same designation as the properties to the northwest and west of the 7 Site.
8 The Project will facilitate the development of Class-A industrial warehouse building in keeping with the character of the surrounding area. The new warehouse building will generate approximately 85 to 105 jobs, and any member of the public seeking employment will be 10 provided additional employment opportunities. Furthermore, the development of a new 11 industrial warehouse building on the Site will contribute to an increase in revenues collected in form of permit fees, development impact fees, sales tax, and property tax. In addition, the 12 Site is under-developed and in a blighted condition with no landscaping, no screening, and little to no paving, and the general plan amendment will facilitate a development that will 13 greatly enhance the aesthetics of the Site and bring much needed infrastructure to the Site and 14 its street frontages.
15 SECTION 3. An Initial Study (Environmental Assessment Review No. 2022-0067) has been 16 prepared for GPA No. 2022-0002 in accordance with the California Environmental Quality Act 17 (CEQA). Based on the findings and recommended mitigation with the Initial Study, staff determined 18 that the project will not have an adverse impact on the environment, provided that mitigation measures 19 are implemented, and a Mitigated Negative Declaration was prepared. The local newspaper published 20 a copy of the Notice of Intent to adopt the Mitigated Negative Declaration for the project, and the City 21 22 mailed the notice to all property owners within 1,000 feet of the project site for a public comment 23 period held from April 17, 2023 to May 16, 2023. The Mitigated Negative Declaration was prepared 24 in accordance with CEQA. The Planning Commission hereby recommends that the City Council 25 adopt the Mitigated Negative Declaration and direct the Planning Division to file the necessary 26 documentation with the Clerk of the Board of Supervisors for San Bernardino County. 27 SECTION 4. The Planning Commission hereby recommends that the City Council approve 28 GPA No. 2022-0002 to change the land use designation of the Site from General Commercial (GC) -3-
1 with a Specific Plan Overlay to Business Park (BP) with a Specific Plan Overlay, in accordance with 2 the applications on file with the Planning Division, subject to the following conditions:
3 4 1. GPA No. 2022-0002 is approved changing the general plan land use designation of approximately 5.97 acres of land (APNs: 0132-171-01, -02, -03, -04, -05, - 08, -09, -10, 5 -13 & 0254-111-01) located at the southeast corner of Valley Boulevard and Willow Avenue, and described in the legal description attached as Exhibit A, from General 6 Commercial (GC) with a Specific Plan Overlay to Business Park (BP) with a Specific 7 Plan Overlay. J
8 2. City inspectors shall have access to the Site to reasonably inspect the Site during normal 9 working hours to assure compliance with these conditions and other codes. 10 3. 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 11 instrumentalities thereof (collectively, the "City Parties"), from any and all claims, 12 demands, law suits, writs of mandamus, and other actions and proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative 13 dispute resolutions procedures (including, but not limited to arbitrations, mediations, and other such procedures), (collectively "Actions"), brought against the City, and/or 14 any of its officials, officers, employees, agents, departments, agencies, and 15 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 16 officials, officers, employees, agents, departments, agencies, and instrumentalities thereof (including actions approved by the voters of the City), for or concerning the 17 Project (collectively, the "Entitlements"), whether such Actions are brought under the 18 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 19 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, 20 protect, defend, and hold the City harmless shall include, but not be limited to (i) 21 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 22 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) 23 are the "Damages"). Notwithstanding anything to the contrary contained herein, the 24 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 25 Parties' fraud, intentional misconduct or gross negligence in connection with issuing the Entitlements. The applicant shall execute an agreement to indemnify, protect, 26 defend, and hold the City harmless as stated herein within five (5) days of approval of 27 GPA No. 2022-0002.
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1 4. In accordance with the provisions of Government Code Section 66020(d)(1), the imposition of tees,
subject to poet by dei apica, restation a paid or con this ratact, ival or are 2 Project or within 90 days after the date of the imposition of the fees, dedications, 3 reservations, or exactions imposed on the Project.
4 5. The applicant shall comply with all conditions of approval contained in SPA No. 2022- 5 0002, TPM No. 20622, CDP No. 2020-0039, and PPD No. 2022-0065, to the extent they are not in conflict with any condition of approval herein. 6 7 SECTION 5. The Chairman of the Planning Commission shall sign as to the passage and 8 adoption of this resolution and thereupon the same shall take effect and be in force. 9 PASSED, APPROVED AND ADOPTED this 9th day of August. 2022. 10 11 (
12 JERRY GUTIERREZ, CHAIR
13 CITY OF RIALTO PLANNING COMMISSION
14 15
16 17
18 19
20 21
22 23
24 25
26 27
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1 STATE OF CALIFORNIA )
2 COUNTY OF SAN BERNARDINO ) ss
3 CITY OF RIALTO )
4 5 1, Kimberly Dame, Administrative Analyst of the City of Rialto, do hereby certify that the 6 foregoing Resolution No. 2023-57 was duly passed and adopted at a regular meeting of the Planning 7 Commission of the City of Rialto held on the 9th day of August 2023. 8 Upon motion of Commissioner Dale Estvander, second by Commissioner Artist Gilbert, 9 foregoing Resolution No. 2023-57 was duly passed and adopted. 10 11 Vote on the motion:
12 AYES: 4 (Gutierrez, Peukert, Estvander, Gilbert)
13 NOES: 0
14 ABSTENTION: 1 (Gonzalez)
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 9th day of August 2023.
19 20
21 22 Kimberly Dame
Administrative Analyst
23 24
25 26
27 28
RESOLUTION NO. 2023-58
2 A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF RIALTO, CALIFORNIA, RECOMMENDING THAT
THE CITY COUNCIL APPROVES SPECIFIC PLAN
4 AMENDMENT NO. 2022-0003 TO CHANGE THE SPECIFIC
PLAN ZONING DESIGNATION OF APPROXIMATELY 5.97
5 ACRES OF LAND (APNs: 0132-171-01, -02, -03, -04, -05, -08, -09, 6 -10, -13 & 0254-111-01) LOCATED AT THE SOUTHEAST
CORNER OF VALLEY BOULEVARD AND WILLOW AVENUE
7 FROM FREEWAY COMMERCIAL (F-C) WITHIN THE
8 GATEWAY SPECIFIC PLAN TO INDUSTRIAL PARK (I-P)
WITHIN THE GATEWAY SPECIFIC PLAN.
9 10 WHEREAS, approximately 5.97 acres of land (APNs: 0132-171-01, -02, -03, -04, -05, -08, 11 -09,-10, -13 & 0254-111-01) located at the southeast corner of Valley Boulevard and Willow 12 Avenue, described in the legal description attached as Exhibit A ("Site"), is within the boundary of 13 the Gateway Specific Plan and is currently zoned Freeway Commercial (F-C); and 14 WHEREAS, the applicant, Patriot Development Partners, LLC, proposes to change the 15 specific plan zoning designation of the Site from F-C to Industrial Park (I-P) within the Gateway 16 Specific Plan ("Project"); and
17 WHEREAS, in conjunction herewith, the applicant has submitted General Plan 18 Amendment No. 2022-0002 to change the general plan land use designation of the Site from 19 General Commercial (GC) with a Specific Plan Overlay to Business Park (BP) with a Specific 20 Plan Overlay ("GPA No. 2022-0002"); and
21 WHEREAS, in conjunction with the Project, the applicant has submitted Tentative Parcel 22 Map No. 2022-0005, also referred to as Tentative Parcel Map No. 20622, in accordance with the 23 Subdivision Map Act (Government Code §§ 66410 et seq.), to consolidate the ten (10) parcels of 24 land within the Site into one (1) 5.97 net acre parcel of land ("TPM No. 20622"); and); and 25 WHEREAS, in conjunction with the Project, the applicant has submitted Conditional 26 Development Permit No. 2022-0039 to facilitate the development and operation of a 131,625 27 square foot industrial warehouse building on the Site ("CDP No. 2022-0039"); and 28 -1-
1 WHEREAS, in conjunction with the Project, the applicant has submitted Precise Plan of 2 Design No. 2022-0065 to facilitate the development of a 131,625 square foot industrial warehouse 3 building on the Site ("PPD No. 2022-0065"); and
4 WHEREAS, pursuant to Section 18.78.060 of the Rialto Municipal Code, the Project 5 requires the approval of an amendment to the Gateway Specific Plan, and the applicant has agreed 6 to apply for Specific Plan Amendment No. 2022-0003 ("SPA No. 2022-0003"); and 7 WHEREAS, pursuant to Section 18.78.010 of the Rialto Municipal Code, the City Council 8 is authorized to adopt and implement specific plans with the City; and 9 WHEREAS, pursuant to Section 18.78.060E and Section 18.78.060F of the Rialto 10 Municipal Code, the Planning Commission shall hold a public hearing for a proposed amendment 11 to an adopted specific plan and forward a recommendation to the City Council for action; and 12 WHEREAS, on August 9, 2023, the Planning Commission of the City of Rialto conducted 13 a duly noticed public hearing, as required by law, on SPA No. 2022-0003, GPA No. 2022-0002, 14 TPM No. 20622, CDP No. 2022-0039, and PPD No. 2022-0065, took testimony, at which time it 15 received input from staff, the city attorney, and the Applicant; heard public testimony; discussed 16 the proposed SPA No. 2022-0003, GPA No. 2022-0002, TPM No. 20622, CDP No. 2022-0039, 17 and PPD No. 2022-0065; and closed the public hearing; and 18 WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred. 19 NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Rialto 20 as follows:
21 SECTION 1. The Planning Commission hereby specifically finds that all of the facts set forth 22 in the recitals above of this Resolution are true and correct and incorporated herein. 23 SECTION 2. Based on substantial evidence presented to the Planning Commission during 24 the public hearing conducted with regard to SPA No. 2022-0003, including written staff reports, 25 verbal testimony, project plans, other documents, and the conditions of approval stated herein, the 26 Planning Commission hereby determines that SPA No. 2022-0003 satisfies the requirements of 27 Government Code Sections 65358 and 65453 and Section 18.78.060I of the Rialto Municipal Code 28 -2-
1 pertaining to the findings which must be made precedent to amending a Specific Plan. The findings 2 are as follows:
3 That the proposed Specific Plan Amendment is consistent with the goals and policies 4 of the General Plan and its purposes, standards and land use guidelines; and 5 This finding is supported by the following facts:
6 The applicant proposes to change the specific plan zoning designation of the Site to Industrial Park (I-P) within the Gateway Specific Plan. In conjunction with the Project, the applicant proposes GPA No. 2022-0002 to change the general plan land use designation of the Site from 8 General Commercial with a Specific Plan Overlay to Business Park with a Specific Plan Overlay. The proposed I-P zoning designation is consistent with the Business Park with a 9 Specific Plan Overlay land use designation, and both will serve to facilitate the Development. 10 Additionally, the Project is consistent with Goal 2-16 and Goal 2-22 of the Land Use Element 11 of the General Plan, which encourages improved architectural and design quality that is 12 sensitive to the needs of the visitor or resident. The change in the specific plan zoning designation will facilitate a development of superior architectural quality. The Development 13 proposes to incorporate significant wall plane articulation and several other architectural features including reveals, metal brow accents, and glazing. The development will also 14 include a solid concrete screen wall around the loading area to screen views and reduce noise 15 pollution from the Site.
16 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 17 and employment opportunities, while maintaining a positive business climate. The change in 18 the Specific Plan land use designation of the Site from F-C to I-P will lead to the development of an industrial building on land that has remained historically under-developed and without 19 any commercial uses under the current commercial zoning. 20 That the proposed Specific Plan Amendment will help achieve a balanced community
2. 21 of all races, age groups, income levels and ways of life; and 22 This finding is supported by the following facts:
23 The Project will facilitate the development of a 131,625 square foot industrial warehouse 24 building, which will provide new jobs across various wage and education levels available to all races, age groups, and ways of life.
25 26 That the proposed Specific Plan Amendment results in development of desirable character, which will be compatible with existing and proposed development in the 27 surrounding neighborhood; and
28 This finding is supported by the following facts:
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1 The Project will facilitate the development of a high-quality warehouse building. The 2 proposed development is consistent with existing warehouse developments to the north and west of the Site and other recent warehouse developments within the Gateway Specific 3 Plan area.
4 The immediate area is predominantly designated for and developed with industrial uses, 5 and as a result, there are no sensitive land uses adjacent to or across the street from the Site.
The project is not expected to negatively impact any uses since measures, such as landscape 6 buffering and the installation of solid screen walls. 7 That the proposed Specific Plan Amendment contributes to a balance of land uses that 8 will enable local residents to work and shop in the community in which they live; and 9 This finding is supported by the following facts:
10 Limited development opportunities exist within the Gateway Specific Plan area. To the north 11 of the project site, across Valley Boulevard, is self-storage facility and an approximately 36,000 square foot industrial building, and to the east, across Alice Avenue, is a San 12 Bernardino County Flood Control flood channel. To the south is the same San Bernardino 13 County Flood Control flood channel and the I-10 Freeway, and to the west, across Willow Avenue, is an approximately 24,000 square foot industrial building and a boat/jet ski 14 dealership. The Site has remained historically under-developed and without any commercial uses with the Freeway Commercial (F-C) zoning designation. The likelihood that the Site 15 will develop into a commercial use is remote given the industrial character to the north, 16 northwest, and west of the Site. The most logical specific plan zoning designation to facilitate the development of the Site is an industrial zone, such as the Industrial Park (I-P) zoning 17 designation. The I-P zoning designation will maintain consistency with the surrounding area and provide job opportunities for those living in existing residential areas within the City. 18 19 That the proposed Specific Plan Amendment respects the environmental and aesthetic assets of the community consistent with economic realities; and 20 21 This finding is supported by the following facts:
22 Dudek, Inc. prepared an Initial Study (Environmental Assessment Review No. 2022-0065) in accordance with the California Environmental Quality Act (CEQA). Based on the findings 23 and recommended mitigation with the Initial Study, staff determined that the project will not 24 have an adverse impact on the environment, provided that mitigation measures are implemented, and a Mitigated Negative Declaration was prepared. 25 Additionally, the development, enabled by the Project, will meet or exceed all aesthetic design 26 guidelines required by the Chapter 18.112 (Indoor Storage Uses) of the Rialto Municipal Code 27 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 28 brow accents, and glazing.
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1 That the proposed Specific Plan Amendment incorporates, where feasible, active and 2 passive energy conservation measures.
3 This finding is supported by the following facts:
4 The development, enabled by the Project, is required to meet or exceed California Building 5 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 6 efficient heating and cooling systems, painting in light off-white colors to reflect heat away, and structural accommodation of photovoltaic solar electric systems. 7 8
SECTION 3. An Initial Study (Environmental Assessment Review No. 2022-0067) has been 9 prepared for GPA No. 2022-0002 in accordance with the California Environmental Quality Act 10 (CEQA). Based on the findings and recommended mitigation with the Initial Study, staff determined 11 that the project will not have an adverse impact on the environment, provided that mitigation measures 12 are implemented, and a Mitigated Negative Declaration was prepared. The local newspaper published 13 a copy of the Notice of Intent to adopt the Mitigated Negative Declaration for the project, and the City 14 mailed the notice to all property owners within 1,000 feet of the project site for a public comment 15 16 period held from April 17, 2023 to May 16, 2023. The Mitigated Negative Declaration was prepared in accordance with CEQA. The Planning Commission hereby recommends that the City Council 17 18 adopt the Mitigated Negative Declaration and direct the Planning Division to file the necessary 19 documentation with the Clerk of the Board of Supervisors for San Bernardino County. 20 SECTION 4. The Planning Commission hereby recommends that the City Council approve 21 SPA No. 2022-0003 to change the specific plan zoning designation of the Site from Freeway 22 Commercial (F-C) within the Gateway Specific Plan to Industrial Park (I-P) within the Gateway 23 Specific Plan, in accordance with the applications on file with the Planning Division, subject to the 24 following conditions:
25 26 1. SPA No. 2022-0003 is approved changing the specific plan zoning designation of approximately 5.97 acres of land (APNs: 0132-171-01, -02, -03, -04, -05, -08, -09, -10, 27 -13 & 0254-111-01) located at the southeast corner of Valley Boulevard and Willow 28 Avenue, as described in the legal description attached as Exhibit A, from Freeway -5-
Commercial (F-C) within the Gateway Specific Plan to Industrial Park (I-P) within the 1 Gateway Specific Plan.
2 2. City inspectors shall have access to the Site to reasonably inspect the Site during normal 3 working hours to assure compliance with these conditions and other codes. 4 3. The applicant shall indemnify, protect, defend, and hold harmless, the City of Rialto, 5 and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof (collectively, the "City Parties"), from any and all claims, 6 demands, law suits, writs of mandamus, and other actions and proceedings (whether 7 legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute resolutions procedures (including, but not limited to arbitrations, mediations, 8 and other such procedures), (collectively "Actions"), brought against the City, and/or any of its officials, officers, employees, agents, departments, agencies, and 9 instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or 10 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 11 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 12 California Environmental Quality Act, the Planning and Zoning Law, the Subdivision 13 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, 14 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) 15 damages, fees and/or costs awarded against the City, if any, and (ii) cost of suit, 16 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 17 other parties initiating or bringing such proceeding (collectively, subparts (i) and (ii) are the "Damages"). Notwithstanding anything to the contrary contained herein, the 18 Applicant shall not be liable to the City Parties under this indemnity to the extent the 19 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 20 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 21 SPA No. 2022-0003.
22 4. In accordance with the provisions of Government Code Section 66020(d)(1), the 23 imposition of fees, dedications, reservations, or exactions for this Project, if any, are 24 ubject to protest by the applicant at the time of approval or conditional approval of thi Project or within 90 days after the date of the imposition of the fees, dedications 25 reservations, or exactions imposed on the Project.
26 5. Approval of SPA No. 2022-0003 will not be valid until such time that the City Council of 27 the City of Rialto has approved General Plan Amendment No. 2022-0002, which was prepared in conjunction with the Project.
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6. The applicant shall comply with all conditions of approval contained in GPA No. 2022- 1 0002, TPM No. 20622, CDP No. 2022-0039, and PPD No. 2022-0065, to the extent they 2 are not in conflict with any condition of approval herein. 3 4 SECTION 5. The Chairman of the Planning Commission shall sign as to the passage and 5 adoption of this resolution and thereupon the same shall take effect and be in force. 6 PASSED, APPROVED AND ADOPTED this 9th day of August. 2023. 7 8
9 JERRY GUTIERREZ, CHAIR
10 CITY OF RIALTO PLANNING COMMISSION
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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. 2023-58 was duly passed and adopted at a regular meeting of the Planning 7 Commission of the City of Rialto held on the 9" day of August 2023. 8 Upon motion of Commissioner Dale Estvander, second by Commissioner Artist Gilbert, 9 foregoing Resolution No. 2023-58 was duly passed and adopted. 10 11 Vote on the motion:
12 AYES: 4 (Gutierrez, Peukert, Estvander, Gilbert)
13 NOES: 0
14 ABSTENTION: 1 (Gonzalez)
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 9th day of August 2023.
19 20
21 ваши
22 Kimberly Dame
Administrative Analyst
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1 RESOLUTION NO. 2023-59
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. 2022-0005 (TPM NO. 20622) TO ALLOW THE
CONSOLIDATION OF TEN (10) PARCELS OF LAND (APNS:
5 0132-171-01, -02, -03, -04, -05, -08, -09, -10, -13 & 0254-111-01) 6 INTO ONE (1) 5.97 NET ACRE PARCEL OF LAND TO
FACILITATE THE DEVELOPMENT OF A 131,625 SQUARE
7 FOOT INDUSTRIAL WAREHOUSE BUILDING AT THE
SOUTHEAST CORNER OF VALLEY BOULEVARD AND
8 WILLOW AVENUE.
9 10 WHEREAS, the applicant, Patriot Development Partners, LLC, proposes to consolidate ten 11 (10) parcels of land (APNs: 0132-171-01, -02, -03, -04, -05, -08, -09, -10, -13 & 0254-111-01) 12 located at the southeast corner of Valley Boulevard and Willow Avenue into one (1) 5.97 net-acre 13 parcel of land ("Project"); and
14 WHEREAS, the in conjunction with the Project, the applicant submitted General Plan 15 Amendment No. 2022-0002 to change the general plan land use designation of the Site, as 16 described in the legal description attached as Exhibit A, from General Commercial (GC) with a 17 Specific Plan Overlay to Business Park (BP) with a Specific Plan Overlay ("GPA No. 2022- 18 0002"); and
19 WHEREAS, the in conjunction with the Project, the applicant submitted Specific Plan 20 Amendment No. 2022-0003 to change the specific plan zoning designation of the Site, as described 21 in the legal description attached as Exhibit A, from a Freeway Commercial (F-C) within the 22 Gateway Specific Plan to Industrial Park (I-P) within the Gateway Specific Plan ("SPA No. 2022- 23 0003"); and
24 WHEREAS, in conjunction with the Project, the applicant has submitted Conditional 25 Development Permit No. 2022-0039 to facilitate the development and operation of a 131,625 26 square foot industrial warehouse building on the Site ("CDP No. 2022-0039"); and 27 28
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1 WHEREAS, in conjunction with the Project, the applicant has submitted Precise Plan of 2 Design No. 2022-0065 to facilitate the development of a 131,625 square foot industrial warehouse 3 building on the Site ("PPD No. 2022-0065"); and
4 WHEREAS, the Project within the I-P zone requires the approval of a tentative parcel map, 5 and the applicant has agreed to apply for a Tentative Parcel Map No. 2022-0005, also referred to 6 as Tentative Parcel Map No. 20622, ("TPM No. 20622"), in accordance with the Subdivision Map 7 Act (Government Code §§ 66410 et seq.); and
8 WHEREAS, on August 9, 2023, the Planning Commission of the City of Rialto conducted 9 a duly noticed public hearing, as required by law, on TPM No. 20622, GPA No. 2022-0002, SPA 10 No. 2022-0003, CDP No. 2022-0039, and PPD No. 2022-0065 took testimony, at which time it 11 received input from staff, the city attorney, and the applicant; heard public testimony; discussed 12 the proposed TPM No. 20622, GPA No. 2022-0002, SPA No. 2022-0003, CDP No. 2022-0039, 13 and PPD No. 2022-0065; and closed the public hearing; and 14 WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred. 15 NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Rialto 16 as follows:
17 SECTION 1. The Planning Commission hereby specifically finds that all of the facts set forth 18 | in the recitals above of this Resolution are true and correct and incorporated herein. 19 SECTION 2. Based on substantial evidence presented to the Planning Commission during 20 the public hearing conducted with regard to TTM No. 20622, including written staff reports, verbal 21 testimony, project plans, other documents, and the conditions of approval stated herein, the Planning 22 Commission hereby determines that TTM No. 20622 satisfies the requirements of Government Code 23 Sections 66473.5 and 66474 and Section 17.16.070 of the Rialto Municipal Code pertaining to the 24 findings which must be made precedent to granting a tentative map. The findings are as follows:
25 That the proposed tentative parcel map is consistent with the General Plan of the City 26 of Rialto and the Industrial Park (I-P) zone of the Gateway Specific Plan, as applicable; and
27 28 This finding is supported by the following facts:
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1 GPA No. 2022-0002, prepared in conjunction with the Project, will change the land use 2 designation of the Site to Business Park (BP) with a Specific Plan Overlay. SPA No. 2022- 0003, prepared in conjunction with the Project, will change the specific plan zoning 3 designation of the Site to Industrial Park (I-P) within the Gateway Specific Plan. The Project will consolidate the Site into one (1) 5.97 net-acre parcel of land to facilitate the development 4 of a 131,625 square foot industrial warehouse building. According to Chapter 18.35 (1-P 5 Industrial Park Zone) of the Rialto Municipal Code, the I-P zone does not require a minimum lot size for a new parcel. The new parcel will facilitate the development of an industrial 6 warehouse building that is consistent with the Business Park with a Specific Plan Overlay 7 land use designation and the I-P zone.
8 That the design and improvements of the proposed tentative parcel map are consistent with the Subdivision Ordinance, the General Plan of the City of Rialto, and the 9 Industrial Park (I-P) zone of the Gateway Specific Plan; and 10 This finding is supported by the following facts:
11 The Project will comply with all technical standards required by the Subdivision Map Act, 12 the General Plan of the City of Rialto, and the I-P zone. According to Chapter 18.35 (I-P 13 Industrial Park Zone) of the Rialto Municipal Code, the I-P zone does not require a minimum lot size for a new parcel. The new parcel will facilitate the development of an industrial 14 warehouse building that is consistent with the Business Park with a Specific Plan Overlay land use designation and the I-P zone.
15 16 That the site is physically suitable for the type of proposed development; and 17 This finding is supported by the following facts:
18 The Site is a relatively flat, expansive in size, and development of the land should be easily 19 accommodated. The applicant will be required to submit a grading plan and geotechnical/soils report to the Engineering Services Department for review and approval 20 prior to issuance of any building permits.
21 That the site is physically suitable for the proposed density of the development; and 22 This finding is supported by the following facts:
23 24 The Project will consolidate the Site into one (1) 5.97 net-acre parcel of land to facilitate the development of a 131,625 square foot industrial warehouse building. Per Chapter 2 25 (Managing Our Land Supply) of the Rialto General Plan, the maximum allowable Floor Area Ratio (FAR) for parcels within the Light Industrial land use designation is 100.0 percent. The 26 FAR proposed for the project is 50.1 percent, which is well within the allowable limit. 27 That the design of the land division is not likely to cause substantial environmental 28 damage or substantially injure fish, wildlife, or their habitat; and -3-
1 This finding is supported by the following facts:
2 The Site is under-developed, and the surface is heavily disturbed due to prior truck and 3 trailer movements and material storage throughout the Site. The Initial Study/Mitigated 4 Negative Declaration (Environmental Assessment Review No. 2022-0065) prepared for the project identified that the Site did not have suitable habitat for any threatened or 5 endangered species. Additionally, according to Exhibit 4.4.2 (Threatened and Endangered Species Habitat) of the Rialto General Plan Environmental Impact Report the Site does not 6 have suitable habitat for any threatened or endangered species. 7 That the design of the land division is not likely to cause serious public health 8 problems; and
9 This finding is supported by the following facts:
10 The Project is consistent with the proposed Business Park with a Specific Plan Overlay 11 General Plan land use designation and the proposed Industrial Park (I-P) zone of the Gateway Specific Plan. In conjunction with the Project, the Planning Commission and 12 City Council will consider Precise Plan of Design No. 2022-0065, in accordance with 13 Chapter 18.65 (Precise Plan of Design) of the Rialto Municipal Code, to ensure that the design of the Project meets the City's Design Guidelines and all required health and safety 14 measures.
15 The Site is bound on the north by Valley Boulevard, on the east by Alice Avenue, and on 16 the west by Willow Avenue. To the north of the project site, across Valley Boulevard, is self-storage facility and an approximately 36,000 square foot industrial building, and to the 17 east, across Alice Avenue, is a San Bernardino County Flood Control flood channel. To the south is the same San Bernardino County Flood Control flood channel and the I-10 18 Freeway, and to the west, across Willow Avenue, is an approximately 24,000 square foot 19 industrial building and a boat/jet ski dealership. The proposed development pertaining to the land consolidation is consistent with the proposed Industrial Park (I-P) zoning 20 designation. The project is not expected to negatively impact any uses with the successful 21 implementation of measures, such as landscape buffering and the installation of solid screen walls. Furthermore, construction impacts on the site will be limited through the strict enforcement of the allowable construction hours listed in Section 9.50.070 of the Rialto Municipal Code, as well as enforcement of regular watering of the site to limit 23 airborne dust and other particulate matter. As a result, the Project is not likely to cause any 24 public health problems.
25 That the design of the land division or proposed improvements will not conflict with easements, acquired by the public at large, for access through or use of, property 26 within the proposed land division.
27 This finding is supported by the following facts:
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Upon completion of the Final Map, the required street dedication and proposed easements 1 will be recorded and approved by the Engineering Services Department. Additionally, all 2 required site adjacent improvements will be reviewed and approved by the Engineering Services Department and will be constructed prior to the issuance of the Certificate of 3 Occupancy.
4 SECTION 3. An Initial Study (Environmental Assessment Review No. 2022-0067) has been 5 6 prepared for GPA No. 2022-0002 in accordance with the California Environmental Quality Act 7 (CEQA). Based on the findings and recommended mitigation with the Initial Study, staff determined 8 that the project will not have an adverse impact on the environment, provided that mitigation measures 9 are implemented, and a Mitigated Negative Declaration was prepared. The local newspaper published 10 a copy of the Notice of Intent to adopt the Mitigated Negative Declaration for the project, and the City 11 mailed the notice to all property owners within 1,000 feet of the project site for a public comment 12 period held from April 17, 2023 to May 16, 2023. The Mitigated Negative Declaration was prepared 13 in accordance with CEQA. The Planning Commission hereby recommends that the City Council 14 adopt the Mitigated Negative Declaration and direct the Planning Division to file the necessary 15 documentation with the Clerk of the Board of Supervisors for San Bernardino County. 16 SECTION 4. The Planning Commission hereby recommends that the City Council approve 17 TPM No. 20622 to allow the consolidation of ten (10) parcels of land (APNs: 0132-171-01, -02, -03, 18 -04, -05, -08, -09, -10, -13 & 0254-111-01) located at the southeast corner of Valley Boulevard and 19 Willow Avenue into one (1) 5.97 net-acre parcel of land, in accordance with the application on file 20 with the Planning Division, subject to the following conditions:
21 22 1. TPM No. 20622 is approved allowing the consolidation of ten (10) parcels of land (APNs:
0132-171-01,-02, -03, -04, -05, -08, -09, -10, - 13 & 0254-111-01) located at the southeast 23 corner of Valley Boulevard and Willow Avenue into one (1) 5.97 net-acre parcel of land for the purpose of developing a 131,625 square foot industrial warehouse building, as 24 shown on the tentative parcel map attached hereto as Exhibit B. 25 2. City inspectors shall have access to the Site to reasonably inspect the Site during normal 26 working hours to assure compliance with these conditions and other codes. 27 3. The applicant shall indemnify, protect, defend, and hold harmless, the City of Rialto, 28 and/or any of its officials, officers, employees, agents, departments, agencies, and -5-
instrumentalities thereof (collectively, the "City Parties"), from any and all claims, demands, law suits, writs of mandamus, and other actions and proceedings (whether 2 legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute resolutions procedures (including, but not limited to arbitrations, mediations, 3 and other such procedures), (collectively "Actions"), brought against the City, and/or 4 any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or 5 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 6 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 7 California Environmental Quality Act, the Planning and Zoning Law, the Subdivision 8 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, 9 or any decision of a court of competent jurisdiction. This condition to indemnify, 10 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 11 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 12 initiating or bringing such proceeding (collectively, subparts (i) and (ii) are the 13 "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 14 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 15 Entitlements. The applicant shall execute an agreement to indemnify, protect, defend, 16 and hold the City harmless as stated herein within five (5) days of approval of TPM No. 20622.
17 4. In accordance with the provisions of Government Code Section 66020(d)(1), the 18 imposition of fees, dedications, reservations, or exactions for this Project, if any, are 19 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, 20 reservations, or exactions imposed on the Project.
21 5. Approval of Tentative Parcel Map No. 20622 will not be valid until such time that the 22 City Council of the City of Rialto has approved General Plan Amendment No. 2022-0002 and Specific Plan Amendment No. 2022-0003, which was prepared in conjunction with 23 the Project.
24 6. The applicant shall complete and abide by all mitigation measures contained within the 25 Mitigation Monitoring and Reporting Program associated with Environmental Assessment Review No. 2022-0067 prior to issuance of any Certificate of Occupancy. 26 27 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 tribal 28 cultural monitor shall be approved by the Gabrieleño Band of Mission Indians-Kizh -6-
Nation, and documentation of coordination between the applicant and the Gabrieleño 1 Band of Mission Indians-Kizh Nation on this matter shall be provided to the Planning 2 Division prior to the issuance of a grading permit.
3 8. The applicant shall pay all applicable development impact fees in accordance with the 4 current City of Rialto fee ordinance, prior to the issuance of any building permit related to the Project.
5 9. All conditions of approval for TPM No. 20622 shall be completed to the satisfaction of 6 the City Engineer prior to the issuance of a Certificate of Occupancy. 7 10. All improvements within the public right-of-way require a City of Rialto Encroachment 8 Permit.
9 11. A City of Rialto Off-site Construction Permit is required for any improvements within the 10 public right-of-way. In an effort to expedite and facilitate improvements in the public right-of-way, the applicant is responsible for submitting a multi-phase master plan traffic 11 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 Construction 12 Permit/Encroachment Permit. Note, in an effort to simplify the permitting process, a 13 single master Off-Site Construction Permit shall replace individual Encroachment Permits to be pulled by the applicant's contractor.
14 12. At the discretion of the City Engineer, the applicant shall apply for annexation of the 15 underlying property into City of Rialto Landscape and Lighting Maintenance District No. 16 2 ("'LLMD 2") or enter into a landscape maintenance agreement to be recorded on the property. An application fee of $5,000 shall be paid at the time of application. Annexation 17 into LLMD 2 is a condition of acceptance of any new median, parkway, and/or easement 18 landscaping, or any new public street lighting improvements, to be maintained by the City of Rialto. All final approved plans and documents required for the annexation shall be 19 submitted by the property owner prior to issuance of a building permit. The annexation process shall be completed prior to recordation of any applicable Final Tract/Parcel Maps. 20 For developments with no Final Maps or if the Final Map does not create any new parcels, 21 the annexation process shall be completed prior to issuance of any certificate of occupancy. Due to the required City Council Public Hearing action, the annexation 22 process takes months and as such the developer is advised to submit all plans and documents required for Special District annexation as early-on in the in the plan review 23 and permitting process to avoid any delays with issuance of permits) and certificate(s) of 24 occupancy or approval of final map(s).
25 13. 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 the 26 Engineering Services Department. The parkway irrigation system shall be separately 27 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 irrigation plans must show 28 separate electrical and water meters to be annexed into the Landscape and Lighting -7-
Maintenance District No. 2 via a City Council Public Hearing. The landscape and 1 irrigation plans shall be approved concurrently with the street improvement plans, 2 including the median portion, prior to issuance of a building permit. The landscaping architect must contact the City of Rialto Landscape Contract Specialist at (909) 820-2602 3 to ensure all landscape and urgation guidelines are met prior to plan approval. Electrical 4 and water irrigation meter pedestals must not be designed to be installed at or near street intersections or within a raised median to avoid burdensome traffic control set-up during 5 ongoing maintenance. The off-site Landscape and Irrigation plans shall be designed in accordance with the Maintenance and Facilities' Landscape Maintenance District 6 Guidelines.
7 14. If the property is accepted into the LLMD, the applicant shall guarantee all new parkway 8 landscaping irrigation for a period of one (1) year from the date of the City Engineer acceptance. Any landscaping that fails during the one year landscape maintenance period 9 shall be replaced with similar plant material to the satisfaction of the City Engineer, and 10 shall be subject to a subsequent one year landscape maintenance period. The applicant must contact the City of Rialto Landscape Contract Specialist at (909) 772-2635 to 11 confirm a full twelve (12) months' time of non-interrupted ongoing maintenance. 12 15. The applicant shall install City Engineer approved deep root barriers, in accordance with 13 the Engineering Services Department Landscape and Irrigation Guidelines, for all trees installed within ten (10) feet of the public sidewalk and/or curb. 14 16. All new street lights shall be installed on an independently metered, City-owned 15 underground electrical system. The developer shall be responsible for applying with 16 Southern California Edison ("SCE") for all appropriate service points and electrical meters. New meter pedestals shall be installed, and electrical service paid by the 17 developer, until such time as the underlying property is annexed into LLMD 2. The City 18 shall not pay the charges for electrical service until the landscape and irrigation is accepted after the one-year maintenance period and the underlying property is annexed into LLMD
2. 20 17. If and where deficiencies in the existing system occur, the applicant shall construct a new 21 underground electrical system for public street lighting improvements along the project frontages of Valley Boulevard, Willow Avenue, and Alice Avenue, as determined 22 necessary by the City Engineer. New marbelite streetlight poles with LED light fixtures shall be installed in accordance with City of Rialto Standard Drawings, as determined 23 necessary by the City Engineer. Additionally, the applicant shall provide 2" conduit and 24 pull boxes along the opposite side of the street for continuation of the streetlight system for future built out.
25 18. The applicant shall submit street improvement plans by a registered California civil 26 engineer to the Engineering Services Department for review. The plans shall be approved 27 by the City Engineer prior to the approval of Parcel Map No. 20622. 28 -8-
19. The applicant shall submit street light improvement plans by a registered California civil 1 engineer to the Engineering Services Department for review. The plans shall be approved 2 by the City Engineer prior to the approval of Parcel Map No. 20622. 3 20. The applicant shall submit sewer improvement plans by a registered California civil engineer to the Engineering Services Department for review. The plans shall be approved 4 by the City Engineer prior to the approval of Parcel Map No. 20622. 5 21. The applicant shall submit traffic and signage improvement plans by a registered 6 California civil engineer or traffic engineer to the Engineering Services Department for 7 review. The traffic striping and signage plans must include required Class If thermoplastic Bicycle Facilities as referenced on the San Bernardino County Non-Motorized 8 Transportation Plan - June 2018, Figure 5.36, Sheet 5-150. The plans shall be approved by the City Engineer prior to the approval of Parcel Map No. 20622. 10 22. The applicant shall submit copies of approved water improvement plans prepared by a registered California civil engineer to the Engineering Services Department for record 11 purposes. The plans shall be approved by Rialto Water Services, the City's water purveyor, prior to the approval of Parcel Map No. 20622. 12 13 23. The applicant shall submit a Precise Grading/Paving Plan prepared by a California registered civil engineer to the Engineering Services Department for review and approval. 14 The Grading Plan shall be approved by the City Engineer prior to approval of Parcel Map No. 20622 and prior to the issuance of any building permit. 15 16 24. 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 17 plan for the proposed development. A copy of the Geotechnical/Soils Report shall be 18 submitted to the Engineering Services Department with the first submittal of the Precise Grading Plan.
19 25. The applicant shall submit civil engineering design plans, reports and/or documents, 20 prepared by a registered/licensed civil engineer, for review and approval by the City 21 Engineer per the current submittal requirements, prior to the indicated threshold or as required by the City Engineer. The first submittal shall consist of, but is not limited to the 22 23 a. ROUGH GRADE W/ EROSION CONTROL PLAN as needed (prior to grading 24 permit issuance)
b. PRECISE GRADE W/ EROSION CONTROL PLAN (prior to grading permit 25 issuance)
c. PUBLIC IMPROVEMENT PLANS: Street Improvement, Signing and Striping, 26 Sewer and Water, Street Light, Landscape and Irrigation. (off-site construction 27 permit issuance)
d. FINAL DRAINAGE STUDY (prior to grading plan approval) 28 e. FINAL WQMP (prior to grading plan approval)
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f. LEGAL DOCUMENTS: dedication along Valley Boulevard, Willow Avenue, 1 and Alice Avenue (e.g. (prior to building permit Issuance) 2 g. AS-BUILT/RECORD DRA WINGS for all plans (prior to occupancy release) 3 26. The applicant shall provide rough grade (pad elevation) certification, engineered-fill 4 certification, and compaction report for all building pads in conformance with the approved rough or precise grading plan, to the Engineering Services Department prior to 5 construction of any building foundation or issuance of building permit. 6 27. The applicant shall provide precise/final grade certification prior to Certificate of 7 Occupancy approval.
8 28. The public and street improvements outlined in these conditions of approval are intended to convey to the developer an accurate scope of required improvements, however, the City 9 Engineer reserves the right to require reasonable additional improvements as may be 10 determined in the course of the review and approval of street improvement plans required by these conditions.
11 29. The applicant shall construct asphalt concrete paving for streets in two separate lifts. The 12 final lift of asphalt concrete pavement shall be postponed until such time that on-site 13 construction activities are complete. Unless the City Engineer provide prior authorization, paving of streets in one lift prior to completion of on-site construction is not allowed. If 14 City Engineer authorized, completion of asphalt concrete paving for streets prior to completion of on-site construction activities, requires additional paving requirements 15 prior to acceptance of the street improvements, including, but not limited to: removal and 16 replacement of damaged asphalt concrete pavement, overlay, slurry seal, or other repairs, as required by the City Engineer.
17 18 30. The applicant shall repair all street cuts for utilities in accordance with City Standard SC- 231 within 72 hours of completion of the utility work; and any interim trench repairs shall 19 consist of compacted backfill to the bottom of the pavement structural section followed by placement of standard base course material in accordance with the Standard 20 Specifications for Public Work Construction ("Greenbook"). The base course material 21 shall be placed the full height of the structural section to be flush with the existing pavement surface and provide a smooth pavement surface until permanent cap paving 22 occurs using an acceptable surface course material.
23 31. In accordance with City Ordinance No. 1589, adopted to preserve newly paved streets, all 24 street and/or trench cuts in street newly paved or slurry will be subject to moratorium street repair standards as referenced in Section 11.04.145 of the Rialto Municipal Code. 25 Contact the Engineering Services Department for a list of streets subject to the moratorium.
26 27 32. The applicant shall backfill and/or repair any and all utility trenches or other excavations within existing asphalt concrete pavement of off-site streets resulting from the proposed 28 development, in accordance with City of Rialto Standard Drawings. The applicant shall -10-
be responsible for removing, grinding, paving and/or overlaying existing asphalt concrete 1 pavement of off-site streets including pavement repairs in addition to pavement repairs 2 made by utility companies for utilities installed for the benefit of the proposed development (i.e. West Valley Water District, Southern California Edison, Southern 3 California Gas Company, Time Warner, Verizon, etc.). Multiple excavations, trenches, and other street cuts within existing asphalt concrete pavement of off-site streets resulting 4 from the proposed development may require complete grinding and asphalt concrete 5 overlay of the affected off-site streets, at the discretion of the City Engineer. The pavement condition of the existing off-site streets shall be returned to a condition equal to or better 6 than what existed prior to construction of the proposed development. 7 33. In accordance with Chapter 15.32 of the City of Rialto Municipal Code, all existing and 8 new electrical distribution lines of sixteen thousand volts or less and overhead service drop conductors, and all telephone, television cable service, and similar service wires or 9 lines, which are on-site, abutting, and/or transecting, shall be installed underground. 10 Utility undergrounding shall extend to the nearest off-site power pole; no new power poles or guy wire poles shall be installed unless otherwise approved by the City Engineer. A 11 letter from the owners of the affected utilities shall be submitted to the City Engineer prior to approval of the Grading Plan, informing the City that they have been notified of the 12 City's utility undergrounding requirement and their intent to commence design of utility 13 undergrounding plans. When available, the utility undergrounding plan shall be submitted to the City Engineer identifying all above ground facilities in the area of the project to be 14 undergrounded.
15 34. The applicant shall replace all damaged, destroyed, or modified pavement legends, traffic 16 control devices, signing, striping, and streetlights, associated with the proposed development prior to the issuance of a Certificate of Occupancy. 17 18 35. The applicant shall provide construction signage, lighting and barricading during all phases of construction as required by City Standards or as directed by the City Engineer. 19 As a minimum, all construction signing, lighting and barricading shall be in accordance with Part 6 "Temporary Traffic Control" of the 2014 California Manual on Uniform 20 Traffic Control Devices, or subsequent editions in force at the time of construction. 21 22 6. Upon approval of any top oveney plainy al recity concern of a and loade drawing file), DXF (AutoCAD ASCII drawing exchange file), and PDF (Adobe Acrobat) 23 formats. Variation of the type and format of the digital data to be submitted to the City 24 may be authorized, upon prior approval by the City Engineer. 25 37. The applicant shall construct 4-inch conduit within the parkway area along the entire project frontages of Valley Boulevard, Willow Avenue, and Alice Avenue for future use. 26 27 38. The applicant shall dedicate and/or vacate additional right-of-way along the entire frontage of Valley Boulevard, as necessary, to provide the ultimate half-width of 60 feet, 28 as required by the City Engineer.
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1 39. The applicant shall dedicate and/or vacate additional right-of-way along the entire 2 frontage of Willow Avenue, as necessary, to provide the ultimate half-width of 32 feet, as required by the City Engineer.
3 4 40. The applicant shall dedicate and/or vacate additional right-of-way along the entire frontage of Alice Avenue, as necessary, to provide the ultimate half-width of 32 feet, as 5 required by the City Engineer.
6 41. The applicant shall construct an 8-inch curb and gutter along the entire frontage of Valley 7 Boulevard 48 feet south of centerline, in accordance with City of Rialto Standard Drawings and the General Plan or applicable Specific Plan, prior to the issuance of a 8 Certificate of Occupancy.
42. The applicant shall construct an 8-inch curb and gutter along the entire frontage of Willow 10 Avenue 20 feet east of centerline, in accordance with City of Rialto Standard Drawings and the General Plan or applicable Specific Plan, prior to the issuance of a Certificate of 11 Occupancy.
12 43. The applicant shall construct an 8-inch curb and gutter along the entire frontage of Alice 13 Avenue 20 feet west of centerline, in accordance with City of Rialto Standard Drawings and the General Plan or applicable Specific Plan, prior to the issuance of a Certificate of 14 Occupancy.
15 44. The applicant shall construct a 5.5-foot-wide sidewalk located adjacent to the curb along 16 the along the entire project frontages of Valley Boulevard, Willow Avenue, and Alice Avenue, in accordance with City of Rialto Standard Drawings and in compliance with the 17 Americans with Disabilities Act (ADA) and the California Building Code (CBC), prior to 18 the issuance of a Certificate of Occupancy.
19 45. The applicant shall replace any existing non-compliant, damaged, or unsatisfactory sidewalk along the project frontage to the satisfaction of the City Engineer, prior to the 20 issuance of a Certificate of Occupancy.
21 46. The applicant shall dedicate additional right-of-way as may be required to provide a 22 property line corner cutback at the southeast corner of the intersection of Valley Boulevard and Willow Avenue, in accordance with City Standard SC-235, as required by the City 23 Engineer.
24 47. The applicant shall dedicate additional right-of-way as may be required to provide 25 property line corner cutbacks at the northeast and southeast corners of the intersection of Willow Avenue and the proposed driveway connected to Willow Avenue, in accordance 26 with City Standard SC-235, as required by the City Engineer. 27 48. The applicant shall dedicate additional right-of-way as may be required to provide 28 property line corner cutbacks at the northwest and southwest corners of the intersection -12-
of Alice Avenue and the proposed driveway connected to Alice Avenue, in accordance 1 with City Standard SC-235, as required by the City Engineer. 2 49. The applicant shall construct a new forty (40) foot wide commercial driveway approach 3 on the south end of the Willow Avenue frontage, in accordance with City of Rialto 4 Standard Drawing No. SC-214, or as otherwise approved by the City Engineer. Nothing shall be constructed or planted in the corner cut-off area which does exceed or will exceed 5 30 inches in height in order to maintain an appropriate corner sight distance, as required by the City Engineer. If necessary, additional right of way shall be dedicated on-site to 6 construct a path of travel meeting ADA guidelines for the public. 7 50. The applicant shall construct a new forty (40) foot wide commercial driveway approach 8 on the south end of the Alice Avenue trontage, in accordance with City of Rialto Standard Drawing No. SC-214, or as otherwise approved by the City Engineer. Nothing shall be 9 constructed or planted in the corner cut-off area which does exceed or will exceed 30 10 inches in height in order to maintain an appropriate corner sight distance, as required by the City Engineer. If necessary, additional right of way shall be dedicated on-site to construct a path of travel meeting ADA guidelines for the public. 12 51. The applicant shall construct a curb ramp meeting current California State Accessibility 13 standards at the southeast corner of the intersection of Valley Boulevard and Willow Avenue, in accordance with the City of Rialto Standard Drawings, prior to the issuance 14 of a Certificate of Occupancy. The applicant shall provide a fully detailed curb return, ramp, and sidewalk approach design of a scale of one-inch equals ten-feet or larger with 15 the street improvement plan submittal.
16 52. The applicant shall construct a curb ramp meeting current California State Accessibility 17 standards at both the northeast and southeast corners of the intersection of Willow Avenue 18 and the proposed driveway connected to Willow Avenue, in accordance with the City of Rialto Standard Drawings. The applicant shall ensure that an appropriate path of travel, 19 meeting ADA 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 20 City Engineer. If necessary, additional pedestrian and sidewalk easements shall be 21 provided on-site to construct a path of travel meeting ADA guidelines. 22 53. The applicant shall construct a curb ramp meeting current California State Accessibility standards at both the northwest and southwest corners of the intersection of Alice Avenue 23 and the proposed driveway connected to Alice Avenue, in accordance with the City of 24 Rialto Standard Drawings. The applicant shall ensure that an appropriate path of travel, meeting ADA guidelines, is provided across the driveway, and shall adjust the location of 25 the access ramps, if necessary, to meet ADA guidelines, subject to the approval of the City Engineer. If necessary, additional pedestrian and sidewalk easements shall be 26 provided on-site to construct a path of travel meeting ADA guidelines. 27 54. The applicant shall construct a 2" X 4" Redwood Header, located at 12 feet east of Alice 28 Avenue centerline along the entire frontage as required by the City Engineer, in -13-
accordance with City of Rialto Standard Drawings. Alternatively, an additional 2 feet of 1 pavement may be placed in-lieu of the redwood header at the discretion of the City 2 Engineer.
3 55. The applicant shall construct a 16-foot wide raised and landscaped median island along 4 Valley Boulevard frontage of property, in accordance with City Standards and any applicable Specific Plan as approved by the City Engineer. The median nose width shall 5 be constructed at 3 feet wide and shall have stamped concrete. The left turn pockets shall be designed in accordance with Section 405 of the current edition of the Caltrans Highway 6 Design Manual, and/or as approved by the City Engineer. Alternatively, median in-lieu 7 fees may be required at the discretion of the City Engineer. 8 56. At the discretion of the City Engineer, the applicant shall perform a 2-inch grind and overlay of the existing pavement of the south half of Valley Boulevard along the entire 9 project frontage plus the #1 westbound lane and any left-turn lanes, prior to the issuance 10 of a Certificate of Occupancy. |
11 57. At the discretion of the City Engineer, the applicant shall remove existing pavement and construct new pavement for the easterly half street width along the project frontage of 12 Willow Avenue and perform a 2-inch grind and overlay for the westerly half street width 13 along the project frontage of Willow Avenue. The easterly minimum pavement section shall be 4 inches asphalt concrete pavement over 6 inches crushed aggregate base with a 14 minimum subgrade of 24 inches at 95% relative compaction, or equal, along the entire half-width street frontage in accordance with City of Rialto Standard Drawings. The 15 pavement section shall be determined using a Traffic Index ("TI") of 10. The pavement 16 section shall be designed by a California registered Geotechnical Engineer using "R" values from the project site and submitted to the City Engineer for approval. 17 18 58. At the discretion of the City Engineer, the applicant shall remove existing pavement and construct new pavement for half street width plus 12 feet along the entire project frontage 19 of Alice Avenue. The minimum pavement section shall be 4 inches asphalt concrete pavement over 4 inches crushed aggregate base with a minimum subgrade of 24 inches at 20 95% relative compaction, or equal, along the entire half-width street frontage in ion of sandalon rhe ent
accordance with City of Rialto Standard Drawings. The pavement section shall be 21 determined using a Traffic Index ("TI") of 10. The pavement section shall be designed 22 by a California registered Geotechnical Engineer using "R" values from the project site and submitted to the City Engineer for approval.
23 24 59. Prior to placement of aggregate base and asphalt concrete, submit a Dirt (sub-grade) Grade certification and a Rock Grade certification for line and grade, respectively. 25 60. The applicant shall install Class II thermoplastic Bicycle Facilities, as refenced in the San 26 Bernardino County Non-Motorized Transportation Plan - May 2014, Figure 5.41, along 27 the entire project frontage of Valley Boulevard, prior to the issuance of a Certificate of Occupancy.
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61. The applicant shall install "No Stopping Anytime" R26A(S)(CA) signage along the entire 1 project frontages of Valley Boulevard, Willow Avenue, and Alice Avenue, as required by 2 the City Engineer, prior to the issuance of a Certificate of Occupancy. 3 62. The applicant shall be responsible for coordinating with Omnitrans regarding the location of existing, proposed, and future bus stops along the property frontage of all public streets. 4 The developer shall design street and sidewalk improvements in accordance with the latest 5 Omnitrans bus stop guidelines and in compliance with current accessibility standards pursuant to the Americans with Disabilities Act (ADA) requirements. The developer shall 6 design all bus stops to accommodate the Omnitrans Premium Shelters. Prior to Certificate 7 of Occupancy, the developer shall submit to Engineering Services Department verification from Omnitrans acknowledging concurrence with the existing, proposed, and 8 future bus stop improvements in conformance with the Premium Shelter design guidelines. Additionally, bus turnouts are required to accommodate proposed bus stops in 9 accordance with the City Standards and as approved by the City Engineer. 10 63. The minimum pavement section for all on-site pavements shall be two (2) inches asphalt 11 concrete pavement over four (4) inches crushed aggregate base with a minimum subgrade of twenty-four (24) inches at 95% relative compaction, or equal. If an alternative 12 pavement section is proposed,, the proposed pavement section shall be designed by a 13 California registered Geotechnical Engineer using "R" values from the project site and submitted to the City Engineer for approval.
14 64. The applicant shall connect the project to the City of Rialto sewer system and apply for a 15 sewer connection account with Rialto Water Services. 16 65. Domestic water service to the underlying property is provided by Rialto Water Services. 17 The applicant shall be responsible for coordinating with Rialto Water Services and complying with all requirements for establishing domestic water service to the property. 18 The design must include fire hydrants along Valley Boulevard, Willow Avenue, and Alice 19 Avenue.
20 66. The applicant shall install a new domestic water line lateral connection to the main water line within either Valley Boulevard or Willow Avenue, pursuant to the Rialto Water 21 Services requirements. A water line plan shall be approved by Rialto Water Services prior 22 to approval of Parcel Map No. 20622.
23 67. The applicant shall provide certification from Rialto Water Services that demonstrates 24 that all water and/or wastewater service accounts for the project are documented, prior to the issuance of a Certificate of Occupancy or final inspection approval from the 25 Engineering Services Department.
26 68. The development of the site is subject to the requirements of the National Pollution 27 Discharge Elimination System (NPDES) Permit for the City of Rialto, under the Santa Ana Regional Water Quality Control Board, Board Order No. R8-2010-0036. Pursuant to 28 the NPDES Permit, the applicant shall ensure development of the site incorporates post- -15-
construction Best Management Practices ("BMPs") in accordance with the Model Water 1 Quality Management Plan ("WQMP") approved for use for the Santa Ana River 2 Watershed. The applicant is advised that applicable Site Design BMPs will be required to be incorporated into the final site design, pursuant to a site specific WQMP submitted to 3 the City Engineer for review and approval.
4 69. The applicant shall submit a Water Quality Management Plan identifying site-specific 5 Best Management Practices ("BMPs") in accordance with the Model Water Quality Management Plan ("WQMP") approved for use for the Santa Ana River Watershed. The 6 site specific WQMP shall be submitted to the City Engineer for review and approval with the Grading Plan. A WQMP Maintenance Agreement shall be required, obligating the property owner(s) to appropriate operation and maintenance obligations of on-site BMPs 8 constructed pursuant to the approved WQMP. The WQMP and Maintenance Agreement shall be approved prior to the issuance of any building permit and shall be recorded at the 9 San Bernardino County Recorder's Office prior to the issuance of a Certificate of 10 Occupancy.
11 70. The applicant shall prepare a Notice of Intent (NOI) to comply with the California General Construction Stormwater Permit (Water Quality Order 2009-0009-DWQ as modified 12 September 2, 2009) is required via the California Regional Water Quality Control Board 13 online SMARTS system. A copy of the executed letter issuing a Waste Discharge Identification (WDID) number shall be provided to the City Engineer prior to issuance of 14 a grading or building permit. The applicant's contractor shall prepare and maintain a Storm Water Pollution Prevention Plan ("SWPPP") as required by the General 15 Construction Permit. All appropriate measures to prevent erosion and water pollution 16 during construction shall be implemented as required by the SWPPP. 17 71. All stormwater runoff passing through the site shall be accepted and conveyed across the 18 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 shall be 19 required to contain the increased stormwater runoff generated by the development of the property. Provide a hydrology study to determine the volume of increased stormwater 20 runoff due to development of the site, and to determine required stormwater runoff 21 mitigation measures for the proposed development. Final retention basin sizing and other stormwater runoff mitigation measures shall be determined upon review and approval of 22 the hydrology study by the City Engineer and may require redesign or changes to site configuration or layout consistent with the findings of the final hydrology study. The 23 volume of increased stormwater runoff to retain on-site shall be determined by comparing 24 the existing "pre-developed" condition and proposed "developed" condition, using the 100-year frequency storm.
25 72. 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 entering 27 adjacent public streets from the project site shall be provided through the use of a minor storm drain system that collects and conveys nuisance water to landscape or parkway 28 areas, and in only a stormwater runoff condition, pass runoff directly to the streets through -16-
parkway or under sidewalk drains. All on-site and off-site designs must comply with 1 NPDES stormwater regulations.
2 73. Prior to the issuance of a certificate of occupancy or final City approvals, the applicant 3 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 4 WOMP.
5 74. The applicant shall provide a WQMP BMP certification, prior to the issuance of a Certificate of Occupancy.
7 75. Any utility trenches or other excavations within existing asphalt concrete pavement of off- 8 site streets required by the proposed development shall be backfilled and repaired in accordance with City of Rialto Standard Drawings. The Applicant shall be responsible 9 for removing, grinding, paving and/or overlaying existing asphalt concrete pavement of 10 off-site streets as required by and at the discretion of the City Engineer, including additional pavement repairs to pavement repairs made by utility companies for utilities 11 installed for the benefit of the proposed development (i.e. Rialto Water Services, Southern California Edison, Southern California Gas Company, Time Warner, Verizon, etc.). 12 Multiple excavations, trenches, and other street cuts within existing asphalt concrete 13 pavement of off-site streets required by the proposed development may require complete grinding and asphalt concrete overlay of the affected off-site streets, at the discretion of 14 the City Engineer. The pavement condition of the existing off-site streets shall be returned to a condition equal to or better than existed prior to construction of the proposed 15 development.
16 76. The applicant shall pay the Project Fair Share Cost established by the approved traffic 17 impact study, and as recommended by the Transportation Commission on January 6, 18 2021, prior to the issuance of any building permits. 19 77. The applicant shall adhere to the City Council approved franchise agreements and disposal requirements during all construction activities, in accordance with Section 8.08 (Refuse 20 Collection of the City of Rialto Municipal Code).
21 78. Prior to commencing with any grading, the applicant shall implement the required erosion 22 and dust control measures shall be in place. In addition, the following shall be included if not already identified:
23 24 a. 6 foot high tan colored perimeter screened fencing b. Contractor information signage including contact information along the street 25 frontage of Valley Boulevard.
c. Post dust control signage with the following verbiage: "Project Name, WDID No., 26 IF YOU SEE DUST COMING FROM THIS PROJECT CALL: NAME (XXX) 27 XXX-XXX, If you do not receive a response, please call the AQMD at 1-800- CUT-SMOG/1-800-228-7664"
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79. The applicant shall remove any graffiti within 24 hours, before, during, and post 1 construction.
2 80. The original improvement plans prepared for the proposed development and approved by 3 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 certificate 4 of occupancy. Any modifications or changes to approved improvement plans shall be 5 submitted to the City Engineer for approval prior to construction. 6 81. The applicant shall submit a final parcel map (Parcel Map No. 20622), prepared by a 7 California registered Land Surveyor or qualified Civil Engineer, to the Engineering Services Department for review and approval. A Title Report prepared for subdivision 8 guarantee for the subject property, the traverse closures for the existing parcels and all lots created therefrom, and copies of record documents shall be submitted with Parcel Map 9 No. 20622 to the Engineering Services Department as part of the review of the Map. 10 Parcel Map No. 20622 shall be approved by the City Council prior to issuance of any building permits. Prior to approval of the Parcel Map by the City Council, provide a 11 preliminary subdivision report from a title company and if applicable, provide evidence that Section 66436 of the Subdivision Map Act regarding interfering with the rights of 12 easement holders has been addressed. Dedications to the public required by these 13 conditions of approval shall be made via the Parcel Map, unless otherwise approved by the City Engineer.
14 82. In accordance with Government Code 66462, all required public improvements shall be 15 completed prior to the approval of a final map (Parcel Map No. 20622). Alternatively, 16 the applicant may enter into a Subdivision Improvement Agreement to secure the cost of all required public improvements at the time of requesting the City Engineer's approval 17 of Parcel Map No. 20622. The applicant will be required to secure the Subdivision Improvement Agreement pursuant to Government Code 66499 in amounts determined by 18 the City Engineer.
19 83. The applicant shall comply with all other applicable State and local ordinances. 20 21 84. The applicant shall comply with all conditions of approval contained in GPA No. 2022- 0002, SPA No. 2022-0003, CDP No. 2022-0039, and PPD No. 2022-0065 to the extent 22 they are not in conflict with any condition of approval herein. 23 85. Pursuant to Section 17.16.050A of the Rialto Municipal Code, approval of TPM No. 24 20622 is granted for a period of twenty-four (24) months from the effective date of this resolution. Pursuant to Section 17.16.050C of the Rialto Municipal Code, an extension 25 of time for TPM No. 20622 may be granted by the Planning Commission for a period or periods not to exceed a total of thirty-six (36) months. The period or periods of 26 extension shall be in addition to the original twenty-four (24) months. An application 27 shall be filed with the Planning Division for each extension together with the required fee prior to the expiration date of TPM No. 20622.
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1 SECTION 5. The Chairman of the Planning Commission shall sign the passage and adoption of this resolution and thereupon the same shall take effect and be in force. 3 9th
PASSED, APPROVED AND ADOPTED this day ofAugust, 2023.
4 5
6 JERRY GUTIERREZ, CHAIR
7 CITY OF RIALTO PLANNING COMMISSION
8 9
10 11
12 13
14 15
16 17
18 19
20 21
22 23
24 25
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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. 2023-59 was duly passed and adopted at a regular meeting of the Planning 7 Commission of the City of Rialto held on the 9* day of August 2023. 8 Upon motion of Commissioner Dale Estvander, second by Commissioner Artist Gilbert, 9 foregoing Resolution No. 2023-59 was duly passed and adopted. 10 11 Vote on the motion:
12 AYES: 4 (Gutierrez, Peukert, Estvander, Gilbert)
13 NOES: 0
14 ABSTENTION: 1 (Gonzalez)
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 9th day of August 2023.
19 20
21 Kimberly Dame
Administrative Analyst
1 RESOLUTION NO. 2023-60
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. 2022-0039 ALLOWING THE
DEVELOPMENT AND OPERATION OF A 131,625 SQUARE
5 FOOT INDUSTRIAL WAREHOUSE BUILDING ON
6 APPROXIMATELY 5.97 OF LAND (APNS: 0132-171-01, -02, -03, -04, -05, -08, -09, -10, -13 & 0254-111-01) LOCATED AT THE
SOUTHEAST CORNER OF VALLEY BOULEVARD AND
WILLOW AVENUE.
8 9 WHEREAS, the applicant, Patriot Development Partners, LLC, proposes to develop and 10 operate a 131,625 square foot industrial warehouse building ("Project") on approximately 5.97 11 acres of land (APNs: 0132-171-01, -02, -03, -04, -05, -08, -09, -10, -13 & 0254-111-01) located at 12 the southeast corner of Valley Boulevard and Willow Avenue ("Site"); and 13 WHEREAS, the Project will consist of 3,000 square feet of office space on the ground 14 floor, 4,500 square feet of office space on the second floor, and 125,125 square feet of warehouse 15 space with fourteen (14) dock-high loading doors, which will be located on the south side of the 16 building; and
17 WHEREAS, Pursuant to Chapter 18.112 (Indoor Storage Uses) of the Rialto Municipal 18 Code, the Project requires a Conditional Development Permit, and the applicant agreed to apply 19 for Conditional Development Permit No. 2022-0039 ("CDP No. 2022-0039"); and 20 WHEREAS, in conjunction herewith, the applicant has submitted General Plan 21 Amendment No. 2022-0002 to change the general plan land use designation of the Site from 22 General Commercial (GC) with a Specific Plan Overlay to Business Park (BP) with a Specific 23 Plan Overlay ("GPA No. 2022-0002"); and
24 WHEREAS, in conjunction herewith, the applicant has submitted Specific Plan 25 Amendment No. 2022-0003 to change the specific plan zoning designation of the Site from a 26 Freeway Commercial (F-C) within the Gateway Specific Plan to Industrial Park (I-P) within the 27 Gateway Specific Plan ("SPA No. 2022-0003"); and
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1 WHEREAS, in conjunction with the Project, the applicant has submitted Tentative Parcel 2 Map No. 2022-0005, also referred to as Tentative Parcel Map No. 20622, in accordance with the 3 Subdivision Map Act (Government Code §§ 66410 et seq.), to consolidate the ten (10) parcels of 4 land within the Site into one (1) 5.97 net acre parcel of land ("TPM No. 20622"); and); and 5 WHEREAS, in conjunction with the Project, the applicant has submitted Precise Plan of 6 Design No. 2022-0065 to facilitate the development of a 131,625 square foot industrial warehouse 7 building on the Site ("PPD No. 2022-0065"); and
8 WHEREAS, on August 9, 2023, the Planning Commission of the City of Rialto conducted 9 a duly noticed public hearing, as required by law, on CDP No. 2022-0039, GPA No. 2022-0002, 10 SPA No. 2022-0003, and PPD No. 2022-0065, took testimony, at which time it received input 11 from staff, the city attorney, and the applicant; heard public testimony; discussed the proposed 12 CDP No. 2022-0039, GPA No. 2022-0002, SPA No. 2022-0003, and PPD No. 2022-0065; and 13 closed the public hearing; and
14 WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred. 15 NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Rialto as 16 follows:
17 SECTION 1. The Planning Commission hereby specifically finds that all of the facts set forth 18 in the recitals above of this Resolution are true and correct and incorporated herein. 19 SECTION 2. Based on substantial evidence presented to the Planning Commission during 20 the public hearing conducted with regard to CDP No. 2022-0039, including written staff reports, 21 verbal testimony, site plans, other documents, and the conditions of approval stated herein, the 22 Planning Commission hereby determines that CDP No. 2022-0039 satisfies the requirements of 23 Section 18.66.020 of the Rialto Municipal Code pertaining to the findings which must be made 24 precedent to granting a conditional development permit, which findings are as follows:
25 1. 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 26 or community; and
27 This finding is supported by the following facts:
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1 The Site is expansive in size, developed with several small structures, under-developed in terms of physical improvements, and portion of the Site have been used for storage of 2 trucks, trailers, and various types of materials for many years. The Project will develop 3 the highest and best use for the Site, in accordance with the proposed Industrial Park (I-P) zone of the Gateway Specific Plan. Additionally, the Project will provide employment 4 opportunities within the City and reduce blight by implementing a use on non-conforming, semi-improved land.
5 6 The proposed use will not be detrimental or injurious to health, safety, or general welfare of persons residing or working in the vicinity; and 7 This finding is supported by the following facts:
8 9 The development of an industrial warehouse building on the Site is consistent with the proposed Industrial Park (I-P) zone, which conditionally permits the development and 10 operation of industrial warehouse buildings. To the north of the project site, across Valley Boulevard, is self-storage facility and an approximately 36,000 square foot industrial 11 building, and to the east, across Alice Avenue, is a San Bernardino County Flood Control 12 flood channel. To the south is the same San Bernardino County Flood Control flood channel and the I-10 Freeway, and to the west, across Willow Avenue, is an approximately 13 24,000 square foot industrial building and a boat/jet ski dealership. The proposed zoning 14 designation of the Site and the zoning designation of the properties to the west is I-P. The Project is consistent with the proposed I-P zoning designation and the surrounding 15 developments. The nearby area is predominantly designated for and developed with industrial uses, and as a result, there are no sensitive land uses adjacent to or across the 16 street from the project site. The project is not expected to negatively impact any uses with 17 the successful implementation of measures such as landscape buffering, the installation of solid screen walls, and aesthetic building enhancements. 18 The site for the proposed use is adequate in size, shape, topography, accessibility and 19 other physical characteristics to accommodate the proposed use in a manner 20 compatible with existing land uses; and
21 This finding is supported by the following facts:
22 The Site is approximately 5.97 acres in size, is fairly level, and adjacent to three (3) public 23 streets, which will be able to accommodate the proposed use. The Project will have two (3) points of access - one (1) via Willow Avenue and one (1) via Alice Avenue. The driveway 24 on Willow Avenue will provide left-in/right-out for both trucks and passenger vehicles and 25 the driveway on Alice Avenue will provide right-in/left-out access for trucks and passenger vehicles. In addition, the building will have 91 parking spaces, which exceeds the amount 26 required by Chapter 18.58 (Off-Street Parking) of the Rialto Municipal Code. 27 4. The site has adequate access to those utilities and other services required for the 28 proposed use; and
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1 This finding is supported by the following facts:
2 The Site will have adequate access to all utilities and services required through main water, 3 electric, sewer, and other utility lines that will be hooked up to the Site. 4 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 5 inharmonious with the General Plan and its objectives, the Gateway Specific Plan, or 6 any zoning ordinances, and
7 This finding is supported by the following facts:
8 As previously stated, the proposed use is consistent with the proposed BP general plan land 9 use designation and proposed I-P zoning designation. The design of the Project includes a solid concrete screen wall along the truck court such that none of the dock doors will be 10 visible from the public right-of-way, the building will have 91 parking spaces, and the 11 Project will have a Floor Area Ratio (FAR) of 50.1 percent, all of which comply with the proposed BP general plan land use designation, the proposed I-P zone, the Gateway 12 Specific Plan, and the City's Design Guidelines. Additionally, forty (40) foot wide landscaped setbacks will be provided along the entire frontages of Valley Boulevard, 13 Willow Avenue, and Alice Avenue. Landscaping will be abundantly incorporated into the 14 Site, as the landscape coverage for the project is 24.0 percent, which exceeds the minimum required amount of 10.0 percent.
15 6. Any potential adverse effects upon the surrounding properties will be minimized to 16 every extent practical and any remaining adverse effects shall be outweighed by the 17 benefits conferred upon the community or neighborhood as a whole. 18 This finding is supported by the following facts:
19 The Project's effects will be minimized through the implementation of the Conditions of 20 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, 21 solid screen walls, decorative paving, and enhanced architectural features. The 22 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 23 a piece of land, which has remained non-conforming and under-developed. The Project is consistent with the proposed I-P zoning designation and the surrounding land uses. The 24 nearby area is predominantly designated for and developed with industrial uses, and as a 25 result, there are no sensitive land uses adjacent to or across the street from the project site.
The project is not expected to negatively impact any uses with the successful 26 implementation of measures such as landscape buffering, the installation of solid screen walls, and aesthetic building enhancements. Therefore, any potential adverse effects are 27 outweighed by the benefits conferred upon the community and neighborhood as a whole. 28 -4-
1 SECTION 3. An Initial Study (Environmental Assessment Review No. 2022-0067) has been 2 prepared for GPA No. 2022-0002 in accordance with the California Environmental Quality Act 3 (CEQA). Based on the findings and recommended mitigation with the Initial Study, staff determined 4 that the project will not have an adverse impact on the environment, provided that mitigation measures 5 are implemented, and a Mitigated Negative Declaration was prepared. The local newspaper published 6 a copy of the Notice of Intent to adopt the Mitigated Negative Declaration for the project, and the City 7 mailed the notice to all property owners within 1,000 feet of the project site for a public comment 8 period held from April 17, 2023 to May 16, 2023. The Mitigated Negative Declaration was prepared 9 in accordance with CEQA. The Planning Commission hereby recommends that the City Council
10. adopt the Mitigated Negative Declaration and direct the Planning Division to file the necessary 11 documentation with the Clerk of the Board of Supervisors for San Bernardino County. 12 13 SECTION 4. The Planning Commission hereby recommends that the City Council approve 14 CDP No. 2022-0039, in accordance with the plans and application on file with the Planning Division, 15 subject to the following conditions:
16 1. The approval is granted allowing the development and operation of a 131,625 square foot 17 industrial warehouse building on approximately 5.97 acres of land (APNs: 0132-171-01, -02, -03, -04, -05, -08, -09, -10, -13 & 0254-111-01) located at the southeast corner of 18 Valley Boulevard and Willow Avenue, as shown on the plans attached as Exhibit A and as approved by the City Council. If the Conditions of Approval specified herein are not 19 satisfied or otherwise completed, the project shall be subject to revocation. 20 2. City inspectors shall have access to the site to reasonably inspect the site during normal 21 working hours to assure compliance with these conditions and other codes. 22 3. The applicant shall indemnify, protect, defend, and hold harmless, the City of Rialto, 23 and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof (collectively, the "City Parties"), from any and all claims, 24 demands, law suits, writs of mandamus, and other actions and proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative 25 dispute resolutions procedures (including, but not limited to arbitrations, mediations, 26 and other such procedures), (collectively "Actions"), brought against the City, and/or any of its officials, officers, employees, agents, departments, agencies, and 27 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 28 officials, officers, employees, agents, departments, agencies, and instrumentalities thereof (including actions approved by the voters of the City, for or concerning the -5-
1 Project (collectively, the "Entitlements"), whether such Actions are brought under the California Environmental Quality Act, the Planning and Zoning Law, the Subdivision 2 Map Act, Code of Civil Procedure Chapter 1085 or 1094.5, the California Public 3 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, 4 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, 5 attorneys' fees and other costs, liabilities and expenses incurred in connection with 6 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) 7 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 8 Damages incurred by any of the City Parties in such Action(s) are a result of the City 9 Parties' fraud, intentional misconduct or gross negligence in connection with issuing the Entitlements. The applicant shall execute an agreement to indemnify, protect, 10 defend, and hold the City harmless as stated herein within five (5) days of approval of 11 CDP No. 2022-00039.
12 4. 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 13 subject to protest by the applicant at the time of approval or conditional approval of the 14 Project or within 90 days after the date of the imposition of the fees, dedications, reservations, or exactions imposed on the Project.
15 5. The tenants within the building shall always conduct operations consistent with the 16 environmental
analysis contained within the Environmental Impact Report 17 (Environmental Assessment Review No. 2022-0067) adopted for the Project. 18 6. The property owners) and building tenants shall always abide by all operational mitigation measures contained within the Mitigation Monitoring and Reporting Program 19 associated with the Environmental Impact Report (Environmental Assessment Review 20 No. 2020-0067) adopted for the Project.
21 7. The Project shall be limited to a maximum of 142 actual passenger car trips and 95 actual truck trips daily, in accordance with the Trip Generation Summary of the Focused Traffic 22 Analysis prepared for the Project by Dudek, Inc. and dated April 26, 2023. 23 8. The applicant, landlord, and/or tenant(s) shall ensure that all inbound truck traffic that 24 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 such a 25 manner that would impact traffic lanes, cause back up (queuing or staging) of vehicles 26 into the public-right-of-way, or create any unsafe conditions. Fire and Police access and passage around trucks queuing or staging on-site shall be feasible at all times and activities 27 shall not block parking areas, access or passage for disabled persons or emergency 28 response vehicles.
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1 9. The applicant, landlord, and/or tenants) shall only park or store trucks and trailers within designated truck/trailer parking spaces adjacent to the dock doors. No trucks or trailers 2 shall be parked or stored within any drive-aisles or passenger vehicle parking areas at any 3 time.
4 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 5 operation(s) conducted within the building, without prior approval of a separate 6 Conditional Development Permit in accordance with Chapter 18.104 (Outdoor Storage Uses) of the Rialto Municipal Code.
7 8 11. The privileges granted by the Planning Commission pursuant to approval of this Conditional Development Permit are valid for one (1) year from the effective date of 9 approval. If the applicant fails to commence the project within one year of said effective date, this conditional development permit shall be null and void and any 10 privileges granted hereunder shall terminate automatically. If the applicant or his or 11 her successor in interest commence the project within one year of the effective date of approval, the privileges granted hereunder will continue inured to the property as long 12 as the property is used for the purpose for which the conditional development permit was granted, and such use remains compatible with adjacent property uses. 13 14 12. Approval of CDP No. 2022-0039 will not become effective until the applicant has signed a statement acknowledging awareness and acceptance of the required conditions of 15 approval contained herein.
16 13. In the event, that any operation on the Site is found to be objectionable or incompatible 17 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 18 limited to, uses which are or have become offensive to neighboring property or the goals and objectives of the proposed Industrial Park (I-P) zoning district of the Gateway Specific 19 Plan and the City's General Plan, the applicant shall address the issues within forty-eight 20 (48) hours of being notified by the City.
21 14. If the applicant fails to comply with any of the conditions of approval placed upon CDP 22 No. 2022-0039, GPA No. 2022-0002, SPA No. 2022-0003, TPM No. 20622, or PPD No. 2022-0065, the Planning Commission may initiate proceedings to revoke the 23 conditional development permit in accordance with the provisions of Sections
18.66.070 through 18.66.090, inclusive, of the Rialto Municipal Code. Conditional 24 Development Permit No. 2022-0039 may be revoked, suspended, or modified in 25 accordance with Section 18.66.070 of the Zoning Ordinance at the discretion of the Planning Commission if:
26 a) The use for which such approval was granted has ceased to exist, been 27 subsequently modified, or has been suspended for six (6) months or more; 28 b) Any of the express conditions or terms of such permit are violated; -7-
1 c) The use for which such approval was granted becomes or is found to be 2 objectionable or incompatible with the character of the City and its environs 3 due to excessive noise, excessive traffic, loitering, criminal activity or other undesirable characteristics including, but not strictly limited to uses which 4 are or have become offensive to neighboring property or the goals and objectives of the Industrial Park (I-P) zoning district of the Gateway 5 Specific Plan, and the City's General Plan.
6 7 SECTION 5. The Chairman of the Planning Commission shall sign as to the passage and 8 adoption of this resolution and thereupon the same shall take effect and be in force. 9 PASSED, APPROVED AND ADOPTED this 9th day of August. 2023. 10 11
12 JERRY GUTIERREZ, CHAIR
13 CITY OF RIALTO PLANNING COMMISSION
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1 STATE OF CALIFORNIA )
2 COUNTY OF SAN BERNARDINO ) ss
3 CITY OF RIALTO )
4 5 1, Kimberly Dame, Administrative Analyst of the City of Rialto, do hereby certify that the foregoing Resolution No. 2023-60 was duly passed and adopted at a regular meeting of the Planning 7 Commission of the City of Rialto held on the 9* day of August 2023. 8 Upon motion of Commissioner Dale Estvander, second by Commissioner Artist Gilbert, 9 foregoing Resolution No. 2023-60 was duly passed and adopted. 10 11 Vote on the motion:
12 AYES: 4 (Gutierrez, Peukert, Estvander, Gilbert)
13 NOES: 0
14 ABSTENTION: 1 (Gonzalez)
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 9th day of August 2023.
19 20
21 Rawe
Kimberly Dame
22 Administrative Analyst
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27 28
1 RESOLUTION NO. 2023-61
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. 2022-0065 ALLOWING THE DEVELOPMENT OF A 131,625
SQUARE FOOT INDUSTRIAL WAREHOUSE BUILDING ON
5 APPROXIMATELY 5.97 ACRES OF LAND (APNS: 0132-171-01,
-02, -03, -04, -05, -08, -09, -10, -13 & 0254-111-01) LOCATED AT 6 THE SOUTHEAST CORNER OF VALLEY BOULEVARD AND
7 WILLOW AVENUE.
8 WHEREAS, the applicant, Patriot Development Partners, LLC, proposes to develop a 131,625 square foot industrial warehouse building ("Project") on approximately 5.97 acres of land 10 (APN: 0132-171-01, -02, -03, -04, -05, -08, -09, -10, -13 & 0254-111-01) located at the southeast 11 corner of Valley Boulevard and Willow Avenue ("Site"); and 12 WHEREAS, the Project will consist of 3,000 square feet of office space on the ground 13 floor, 4,500 square feet of office space on the second floor, and 124,625 square feet of warehouse 14 space fourteen (14) dock-high loading doors, which will be located on the south side of the 15 building, landscaping, screen walls, paving, lighting, and parking for 91 passenger vehicles; and 16 WHEREAS, Pursuant to Section 18.65.010 of the Rialto Municipal Code, the Project requires 17 a Precise Plan of Design, and the applicant has agreed to apply for Precise Plan of Design No. 2022- 18 0065 ("PPD No. 2022-0065); and
19 WHEREAS, in conjunction herewith, the applicant has submitted General Plan 20 Amendment No. 2022-0002 to change the general plan land use designation of the Site from 21 General Commercial (GC) with a Specific Plan Overlay to Business Park (P) with a Specific 22 Plan Overlay ("GPA No. 2022-0002"); and
23 WHEREAS, in conjunction herewith, the applicant has submitted Specific Plan 24 Amendment No. 2022-0003 to change the specific plan zoning designation of the Site from a 25 Freeway Commercial (F-C) within the Gateway Specific Plan to Industrial Park (I-P) within the 26 Gateway Specific Plan ("SPA No. 2022-0003"); and
27 WHEREAS, in conjunction with the Project, the applicant has submitted Tentative Parcel 28 Map No. 2022-0005, also referred to as Tentative Parcel Map No. 20622, in accordance with the -1-
1 Subdivision Map Act (Government Code §§ 66410 et seq.), to consolidate the ten (10) parcels of 2 land within the Site into one (1) 5.97 net acre parcel of land ("TPM No. 20622"); and); and 3 WHEREAS, in conjunction with the Project, the applicant submitted Conditional 4 Development Permit No. 2022-0039 ("CDP No. 2022-0039"') to facilitate the development and 5 operation of a 131,625 square foot industrial warehouse building on the Site, and CDP No. 2022- 6 0039 is necessary to facilitate the Project; and
7 WHEREAS, on August 9, 2023, the Planning Commission of the City of Rialto conducted 8 a duly noticed public hearing, as required by law, on PPD No. 2022-0065, GPA No. 2022-0002, 9 SPA No. 2022-0003, TPM No. 20622, and CDP No. 2022-0039, took testimony, at which time it 10 received input from staff, the city attorney, and the applicant; heard public testimony; discussed 11 the proposed PPD No. 2022-0065, GPA No. 2022-0002, SPA No. 2022-0003, TPM No. 20622, 12 and CDP No. 2022-0039; and closed the public hearing; and 13 WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred. 14 NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Rialto 15 as follows:
16 SECTION 1. The Planning Commission hereby specifically finds that all of the facts set forth 17 in the recitals above of this Resolution are true and correct and incorporated herein. 18 SECTION 2. Based on substantial evidence presented to the Planning Commission during 19 the public hearing conducted with regard to PPD No. 2022-0065, including written staff reports, 20 verbal testimony, site plans, other documents, and the conditions of approval stated herein, the 21 Planning Commission hereby determines that PPD No. 2022-0065 satisfies the requirements of 22 Section 18.65.020E of the Rialto Municipal Code pertaining to the findings which must be made 23 precedent to granting a Precise Plan of Design. The findings are as follows:
24 25 The proposed development is in compliance with all city ordinances and regulations, unless in accordance with an approved variance; and
26 This finding is supported by the following facts:
27 28 GPA No. 2022-0002, prepared in conjunction with the Project, will change the general plan land use designation of the Site to Business Park (BP) with a Specific Plan Overlay. SPA No. -2-
2022-0003, prepared in conjunction with the Project, will change the specific plan zoning designation of the Site to Industrial Park (I-P) within the Gateway Specific Plan. The Project, 2 as conditioned herein, will comply with all City ordinances and regulations including those 3 of the proposed I-P zoning district, the Gateway Specific Plan, and the City's Design Guidelines. The I-P zoning district allows for the development and operation of industrial 4 warehouse buildings, as proposed by the Project. Additionally, the Project meets all of the required development standards of the proposed I-P zoning district including, but not limited 5 to, required building setbacks, parking, landscaping, building height, floor area ratio, etc. 6 2. The site is physically suitable for the proposed development, and the proposed 7 development will be arranged, designed, constructed, and maintained so that it will not be unreasonably detrimental or injurious to property, improvements, or the health, 8 safety or general welfare of the general public in the vicinity, or otherwise be 9 inharmonious with the city's general plan and its objectives, zoning ordinances or any applicable specific plan and its objectives; and
10 11 This finding is supported by the following facts:
12 The Site is relatively flat, approximately 5.97 acres in size, and bound by three (3) public streets. To the north of the project site, across Valley Boulevard, is self-storage facility 13 and an approximately 36,000 square foot industrial building, and to the east, across Alice 14 Avenue, is a San Bernardino County Flood Control flood channel. To the south is the same San Bernardino County Flood Control flood channel and the I-10 Freeway, and to the west, 15 across Willow Avenue, is an approximately 24,000 square foot industrial building and a boat/jet ski dealership. The Project is consistent with the proposed I-P zoning district and 16 the surrounding land uses. The nearby area is predominantly designated for and developed 17 with industrial uses, and as a result, there are no sensitive land uses adjacent to or across the street from the project site. The project is not expected to negatively impact any uses 18 with the successful implementation of measures such as landscape buffering, the installation of solid screen walls, and aesthetic building enhancements. 19 20 3. 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 21 general public; and
22 This finding is supported by the following facts:
23 The Project's effects will be minimized through the implementation of the Conditions of 24 Approval contained herein, such as extensive landscaping, concrete screen walls, decorative 25 paving, and enhanced architectural features. To the north of the project site, across Valley Boulevard, is self-storage facility and an approximately 36,000 square foot industrial building, 26 and to the east, across Alice Avenue, is a San Bernardino County Flood Control flood channel.
To the south is the same San Bernardino County Flood Control flood channel and the I-10 Freeway, and to the west, across Willow Avenue, is an approximately 24,000 square foot 28 industrial building and a boat/jet ski dealership. The Project is consistent with the proposed I-P zoning district and the surrounding land uses. The nearby area is predominantly -3-
1 designated for and developed with industrial uses, and as a result, there are no sensitive land uses adjacent to or across the street from the project site. The project is not expected to 2 negatively impact any uses with the successful implementation of measures such as landscape 3 buffering, the installation of solid screen walls, and aesthetic building enhancements. 4 The proposed development will not substantially interfere with the orderly or planned development of the City of Rialto.
5 6 This finding is supported by the following facts:
The Project is consistent with the proposed Industrial Park (I-P) zoning district and is a logical addition to the existing industrial buildings and developments to the north, northwest, and 8 west of the Site and throughout much of the Gateway Specific Plan area. The design of the 9 Project will ensure a continuation of the public improvements and aesthetics present in the surrounding area. The City staff have reviewed the design of the Project to ensure compliance 10 with all health, safety, and design requirements to ensure the Project will enhance the 11 infrastructure and aesthetics of the local community. 12 SECTION 3. An Initial Study (Environmental Assessment Review No. 2022-0067) has been 13 prepared for GPA No. 2022-0002 in accordance with the California Environmental Quality Act 14 (CEQA). Based on the findings and recommended mitigation with the Initial Study, staff determined 15 that the project will not have an adverse impact on the environment, provided that mitigation measures 16 are implemented, and a Mitigated Negative Declaration was prepared. The local newspaper published 17 a copy of the Notice of Intent to adopt the Mitigated Negative Declaration for the project, and the City 18 mailed the notice to all property owners within 1,000 feet of the project site for a public comment 19 period held from April 17, 2023 to May 16, 2023. The Mitigated Negative Declaration was prepared 20 in accordance with CEQA. The Planning Commission hereby recommends that the City Council 21 adopt the Mitigated Negative Declaration and direct the Planning Division to file the necessary 22 23 documentation with the Clerk of the Board of Supervisors for San Bernardino County. 24 SECTION 4. The Planning Commission hereby recommends that the City Council approve 25 PPD No. 2022-0065, in conjunction with GPA No. 2022-0002, SPA No. 2022-0003, TPM No. 26 202622, and CDP No. 2022-0039, to allow the development of a 131,625 square foot industrial 27 warehouse building on approximately 5.97 acres of land (APNs: 0132-171-01, -02, -03, -04, -05, -08, 28 -09,-10, -13 & 0254-111-01) located at the southeast corner of Valley Boulevard and Willow Avenue, -4-
in accordance with the plans and application on file with the Planning Division, subject to the 2 following Conditions of Approval:
3 1. The applicant is granted PPD No. 2022-0065 allowing the development of a 131,625 4 square foot industrial warehouse building and associated paving, landscaping, fencing, 5 lighting, and drainage improvements on approximately 5.97 acres of land (APNs: 0132- 171-01, -02, -03, -04, -05, -08, -09, -10, -13 & 0254-111-01) located at the southeast 6 corner of Valley Boulevard and Willow Avenue, subject to the Conditions of Approval 7 contained herein.
8 The approval of PPD No. 2022-0065 is granted for a one (1) year period from the date of approval. Approval of PPD No. 2022-0065 will not become effective until the 9 applicant has signed a Statement of Acceptance acknowledging awareness and 10 acceptance of the required Conditions of Approval contained herein. Any request for an extension shall be reviewed by the Community Development Director and shall be 11 based on the progress that has taken place toward the development of the project. 12 The development associated with PPD No. 2022-0065 shall conform to the site plan, 13 floor plan, exterior elevations, conceptual grading plan, and conceptual landscape plan attached hereto as Exhibit A, except as may be required to be modified based on the 14 Conditions of Approval contained herein.
15 4. The development associated with PPD No. 2022-0065 shall comply with all Conditions 16 of Approval contained within GPA No. 2022-0002, SPA No. 2022-0003, TPM No. 20622, and CDP No. 2022-0039.
17 18 ini The development associated with PPD No. 2022-0065 shall comply with all applicable sections of the Gateway Specific Plan, the Rialto Municipal Code, and all other 19 applicable State and local laws and ordinances.
20 City inspectors shall have access to the site to reasonably inspect the site during 21 normal working hours to assure compliance with these conditions and other codes. 22 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 23 instrumentalities thereof (collectively, the "City Parties"), from any and all claims, 24 demands, law suits, writs of mandamus, and other actions and proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative 25 dispute resolutions procedures (including, but not limited to arbitrations, mediations, and other such procedures), (collectively "Actions"), brought against the City, and/or 26 any of its officials, officers, employees, agents, departments, agencies, and 27 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 28 its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof (including actions approved by the voters of the City), for or concerning the -5-
1 Project (collectively, the "Entitlements"), whether such Actions are brought under the California Environmental Quality Act, the Planning and Zoning Law, the 2 Subdivision Map Act, Code of Civil Procedure Chapter 1085 or 1094.5, the 3 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 4 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 5 (ii) cost of suit, attorneys' fees and other costs, liabilities and expenses incurred in 6 connection with such proceeding whether incurred by applicant, Property owner, or the City and/or other parties initiating or bringing such proceeding (collectively, 7 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 8 indemnity to the extent the Damages incurred by any of the City Parties in such 9 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 10 an agreement to indemnify, protect, defend, and hold the City harmless as stated 11 herein within five (5) days of approval of PPD No. 2022-0065. 12 8. 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 13 subject to protest by the applicant at the time of approval or conditional approval of 14 the Project or within 90 days after the date of the imposition of the fees, dedications, reservations, or exactions imposed on the Project.
15 Approval of PPD No. 2022-0065 will not be valid until such time that the City Council 16 has approved GPA No. 2022-0002, SPA No. 2022-0003, TPM No. 20622, and CDP 17 No. 2022-0039, which were prepared in conjunction with the Project. 18 10. The applicant shall complete and abide by all pre-construction mitigation measures contained within the Mitigation Monitoring and Reporting Program associated with 19 Environmental Assessment Review No. 2022-0067, prior to the issuance of a grading 20 permit.
21 11. The applicant shall complete and abide by all during-construction mitigation measures contained within the Mitigation Monitoring and Reporting Program associated with 22 Environmental Assessment Review No. 2022-0067, prior to the conducting of a final 23 inspection by the Building Division.
24 12. The applicant shall secure the services of a tribal cultural monitor to be present during 25 all ground disturbance activities associated with the construction of this project. The tribal cultural monitor shall be approved by the Gabrieleño Band of Mission Indians- 26 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 the 27 Planning Division prior to the issuance of a grading permit. 28 -6-
1 13. The applicant shall install decorative pavement within each driveway connected to Willow Avenue and Alice Avenue. The decorative pavement shall extend across the 2 entire width of each driveway and shall have a minimum depth of twenty-five (25) feet 3 as measured from the property lines along Willow Avenue and Alice Avenue.
Decorative pavement means decorative pavers and/or color concrete with patterns and 4 color variety. The location of the decorative pavement shall be identified on the Precise Grading Plan prior to the issuance of a grading permit. Additionally, the location and 5 type of decorative pavement shall be identified on the formal Landscape Plan submittal, 6 and other on-site improvement plans, prior to the issuance of building permits. 7 14. In order to provide enhanced building design in accordance with Chapter 18.61 (Design Guidelines) of the Rialto Municipal Code, the applicant shall route all drainage 8 downspouts through the interior of the building, except along wall planes facing the 9 truck court. The internal downspouts shall be identified within the formal building plan check submittal prior to the issuance of building permits. 10 11 15. 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, 12 at least three (3) feet in depth from the main wall plane, at all height variations on all four (4) sides of the building. The parapet returns shall be demonstrated on the roof 13 plans within the formal building plan check submittal prior to the issuance of building 14 permits.
15 16. 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 16 access only for the building. The internal roof access shall be identified within the 17 formal building plan check submittal prior to the issuance of building permits. 18 17. All new walls, including any retaining walls, shall be comprised of decorative masonry block or decorative concrete. Decorative masonry block means tan-colored slumpstone 19 block, tan-colored split-face block, or precision block with a stucco, plaster, or cultured 20 stone finish. Decorative concrete means painted concrete with patterns, reveals, and/or trim lines. Pilasters shall be incorporated within all new walls visible from the public 21 right-of-way. The pilasters shall be spaced a maximum of fifty (50) feet on-center and shall be placed at all corners and ends of the wall. All pilasters shall protrude a minimum 22 of six (6) inches above and to the side of the wall. All decorative masonry walls and 23 pilasters, including retaining walls, shall include a decorative masonry cap. All walls and pilasters shall be identified on the site plan and Precise Grading Plan, and an 24 elevation detail for the walls shall be included in the formal building plan check 25 submittal prior to the issuance of building permits. 26 18. Any new fencing installed on site shall be comprised of tubular steel. All fencing shall be identified on the site plan, and an elevation detail for the fencing and pilasters shall 27 be included in the formal building plan check submittal prior to the issuance of building 28 permits.
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1 19. The applicant shall construct at least one (1) ADA accessible trash enclosure on the project site. The trash enclosure shall provide room for one (1) commercial waste 2 container and one (1) commercial recycling container. The exterior of each trash 3 enclosure shall match the material and base color of the building. Additionally, the trash enclosure shall contain solid steel doors and a flat solid cover. Corrugated metal and 4 chain-link are not acceptable materials to use as a part of the trash enclosure. The location of the trash enclosure shall be identified on the site plan within the formal 5 building plan check prior to the issuance of building permits. An elevation detail for the 6 trash enclosure shall be provided within formal building plan check submittal prior to the issuance of building permits.
7 8 20. All light standards installed on site, shall have a maximum height of twenty-five (25) fect, as measured from the finished surface, including the base. Lighting shall be 9 shielded and/or directed toward the site so as not to produce direct glare or "stray light" onto adjacent properties. All light standards shall be identified on the site plan and a 10 note indicating the height restriction shall be included within the formal building plan 11 check submittal prior to the issuance of building permits. 12 21. The applicant shall submit a formal Landscape Plan to the Planning Division prior to the issuance of building permits. The submittal shall include three (3) sets of planting 13 and irrigation plans, a completed Landscape Plan Review application, and the applicable 14 review fee.
15 22. 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, 16 the parking lot trees shall be permanently irrigated and maintained. All parking lot tree 17 species shall consist of evergreen broadleaf trees. The trees shall be identified on the formal Landscape Plan submittal prior to the issuance of a landscape permit. 18 19 23. The applicant shall plant one (1) tree every thirty (30) feet on-center within the on-site landscape setbacks along Valley Boulevard, Willow Avenue, and Alice Avenue. All trees within the landscape setback shall be a minimum of twenty-four (24) inch box in size, upon initial planting. Thereafter, the trees within the landscape setback shall be permanently irrigated and maintained by the property owner. At least fifty (50) percent of the trees within the setback shall consist of evergreen broadleaf trees, while the 22 remaining percentage may consist of broadleaf deciduous trees and/or palm trees. The 23 trees shall be identified on the formal Landscape Plan submittal prior to the issuance of a landscape permit.
24 24. The applicant shall plant one (1) tree every thirty (30) feet on-center within the public right-of-way parkway along Valley Boulevard. All trees within the public right-of-way 26 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 27 irrigated and maintained, as required by the Public Works Department. The street tree 28 species along Valley Boulevard shall be the Tristania Conferta "Brisbane Box" and/or -8-
1 the Liriodnedron Tulipifera "Tulip Tree". The street trees shall be identified on the formal Landscape Plan submittal prior to the issuance of a landscape permit. 2 3 25. The applicant shall plant one (1) tree every thirty (30) feet on-center within the public right-of-way parkway along Willow Avenue. All trees within the public right-of-way 4 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 5 irrigated and maintained, as required by the Public Works Department. The street tree 6 species along Willow Avenue shall be the Geijera Parviflora "Australian Willow" and/or the Lagerstromia Indica "Crape Myrtle". The street trees shall be identified on 7 the formal Landscape Plan submittal prior to the issuance of a landscape permit. 8 26. The applicant shall plant one (1) tree every thirty (30) feet on-center within the public 9 right-of-way parkway along Alice Avenue. All trees within the public right-of-way parkway shall be a minimum of twenty-four (24) inch box in size, upon initial planting. 10 Thereafter, the trees within the public right-of-way parking shall be permanently 11 irrigated and maintained, as required by the Public Works Department. The street tree species along Alice Avenue shall be the Geijera Parviflora "Australian Willow" and/or 12 the Lagerstromia Indica "Crape Myrtle". The street trees shall be identified on the formal Landscape Plan submittal prior to the issuance of a landscape permit. 13 14 27. The applicant shall plant shrubs that surround all ground mounted equipment and utility boxes, including transformers, fire-department connections, backflow devices, etc. for 15 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 16 planting, and the shrubs shall be spaced no more than three (3) feet on-center. 17 Thereafter, the equipment and utility box screen shrubs shall be permanently irrigated and maintained into a continuous box-shape with a height of no less than three and one- 18 half (3.5) feet above the finished grade. The shrubs shall be identified on the formal Landscape Plan submittal prior to the issuance of a landscape permit. 19 20 28. The applicant shall plant a substantial amount of trees, shrubs, and groundcover throughout all land on-site and off-site (adjacent to the project site) that is not covered 21 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 22 an average of three (3) feet on-center or less. All trees shall be minimum of fifteen (15) 23 gallons in size upon initial planting, unless otherwise specified herein. At least fifty (50) percent of the trees shall consist of evergreen broadleaf trees, while the remaining 24 percentage may consist of broadleaf deciduous trees and/or palm trees. All shrubs shall 25 be a minimum of one (1) gallon in size, unless otherwise specified herein. All planter areas shall receive a minimum two (2) inch thick layer of brown bark, organic mulch, 26 and/or decorative rock upon initial planting. Pea gravel and decomposed granite are not acceptable materials to use within planter areas. All planter areas on-site shall be 27 permanently irrigated and maintained. The planting and irrigation shall be identified on 28 the formal Landscape Plan submittal prior to the issuance of a landscape permit. -9-
29. All planting and irrigation shall be installed on-site in accordance with the approved landscape plans and permit prior to the issuance of a Certificate of Occupancy. The 2 installation of the planting and irrigation shall be certified in writing by the landscape 3 architect responsible for preparing the landscape plans prior to the issuance of a Certificate of Occupancy.
4 5 30. Any tubular steel fencing and/or sliding gates shall be painted black prior to the issuance of a Certificate of Occupancy, unless specified otherwise herein. 6 31. All non-glass doors shall be painted to match the color of the adjacent wall prior to the 7 issuance of a Certificate of Occupancy.
8 32. The applicant shall comply with all conditions of approval for PPD No. 2022-0065 to 9 the satisfaction of the City Engineer, prior to the issuance of a Certificate of Occupancy. 10 33. All improvements within the public right-of-way require a City of Rialto Encroachment Permit.
12 34. The applicant shall pay all applicable development impact fees in accordance with the current City of Rialto fee ordinance, prior to the issuance of any building permit related 13 to the Project.
14 35. A City of Rialto Off-site Construction Permit is required for any improvements within 15 the public right-of-way. In an effort to expedite and facilitate improvements in the public right-of-way, the applicant is responsible for submitting a multi-phase master plan 16 traffic control plan which includes all phases of construction in the public right-of-way 17 i.e. sewer, water, overhead, underground, etc. prior to the issuance of Off-Site Construction Permit/Encroachment Permit. Note, in an effort to simplify the permitting 18 process, a single master Off-Site Construction Permit shall replace individual Encroachment Permits to be pulled by the applicant's contractor. 19 20 36. At the discretion of the City Engineer, the applicant shall apply for annexation of the underlying property into City of Rialto Landscape and Lighting Maintenance District 21 No. 2 ("LLMD 2'") or enter into a landscape maintenance agreement to be recorded on the property. An application fee of $5,000 shall be paid at the time of application. 22 Annexation into LLMD 2 is a condition of acceptance of any new median, parkway, 23 and/or easement landscaping, or any new public street lighting improvements, to be maintained by the City of Rialto. All final approved plans and documents required tor 24 the annexation shall be submitted by the property owner prior to issuance of a building 25 permit. The annexation process shall be completed prior to recordation of any applicable Final Tract/Parcel Maps. For developments with no Final Maps or if the 26 Final Map does not create any new parcels, the annexation process shall be completed prior to issuance of any certificate of occupancy. Due to the required City Council 27 Public Hearing action, the annexation process takes months and as such the developer 28 is advised to submit all plans and documents required for Special District annexation as -10-
1 early-on in the in the plan review and permitting process to avoid any delays with issuance of permits) and certificate(s) of occupancy or approval of final map(s). 2 3 37. 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 4 the Engineering Services Department. The parkway irrigation system shall be separately metered from the on-site private irrigation to be maintained for a period of one (1) year 5 and annexed into a Special District. The off-site landscape and irrigation plans must 6 show separate electrical and water meters to be annexed into the Landscape and Lighting Maintenance District No. 2 via a City Council Public Hearing. The landscape 7 and irrigation plans shall be approved concurrently with the street improvement plans, including the median portion, prior to issuance of a building permit. The landscaping 8 architect must contact the City of Rialto Landscape Contract Specialist at (909) 820- 9 2602 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 installed at or 10 near street intersections or within a raised median to avoid burdensome traffic control set-up during ongoing maintenance. The off-site Landscape and Irrigation plans shall 11 be designed in accordance with the Maintenance and Facilities' Landscape Maintenance 12 District Guidelines.
13 38. If the property is accepted into the LLMD, the applicant shall guarantee all new parkway 14 landscaping irrigation for a period of one (1) year from the date of the City Engineer acceptance. Any landscaping that fails during the one year landscape maintenance 15 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. 16 The applicant must contact the City of Rialto Landscape Contract Specialist at (909) 17 772-2635 to confirm a full twelve (12) months' time of non-interrupted ongoing maintenance.
18 39. The applicant shall install City Engineer approved deep root barriers, in accordance with 19 the Engineering Services Department Landscape and Irrigation Guidelines, for all trees 20 installed within ten (10) feet of the public sidewalk and/or curb. 21 40. All new street lights shall be installed on an independently metered, City-owned underground electrical system. The developer shall be responsible for applying with 22 Southern California Edison ("SCE") for all appropriate service points and electrical 23 meters. New meter pedestals shall be installed, and electrical service paid by the developer, until such time as the underlying property is annexed into LLMD 2. The 24 City shall not pay the charges for electrical service until the landscape and irrigation is accepted after the one-year maintenance period and the underlying property is annexed 25 into LLMD 2.
26 41. If and where deficiencies in the existing system occur, the applicant shall construct a 27 new underground electrical system for public street lighting improvements along the 28 project frontages of Valley Boulevard, Willow Avenue, and Alice Avenue, as determined necessary by the City Engineer. New marbelite streetlight poles with LED -11-
1 light fixtures shall be installed in accordance with City of Rialto Standard Drawings, as determined necessary by the City Engineer. Additionally, the applicant shall provide 2 2" conduit and pull boxes along the opposite side of the street for continuation of the 3 streetlight system for future built out.
4 42. The applicant shall submit street improvement plans by a registered California civil engineer to the Engineering Services Department for review. The plans shall be 5 approved by the City Engineer prior to the approval of Parcel Map No. 20622 or prior 6 to the issuance of building permits in accordance with an approved Subdivision Improvement Agreement.
7 8 43. The applicant shall submit street light improvement plans by a registered California civil engineer to the Engineering Services Department for review. The plans shall be 9 approved by the City Engineer prior to the approval of Parcel Map No. 20622 or prior to the issuance of building permits in accordance with an approved Subdivision 10 Improvement Agreement.
11 The applicant shall submit sewer improvement plans by a registered California civil 12 appiner to the Eng eing ervicts Deparat or parcel a To 2062 or boy Services Department for review. The plans shall be 13 to the issuance of building permits in accordance with an approved Subdivision 14 Improvement Agreement.
15 45. The applicant shall submit traffic and signage improvement plans by a registered California civil engineer or traffic engineer to the Engineering Services Department for 16 review. The traffic striping and signage plans must include required Class II 17 thermoplastic Bicycle Facilities as referenced on the San Bernardino County Non- Motorized Transportation Plan - June 2018, Figure 5.36, Sheet 5-150. The plans shall 18 be approved by the City Engineer prior to the approval of Parcel Map No. 20622 or prior to the issuance of building permits in accordance with an approved Subdivision Improvement Agreement.
20 46. The applicant shall submit copies of approved water improvement plans prepared by a 21 registered California civil engineer to the Engineering Services Department for record 22 purposes. The plans shall be approved by Rialto Water Services, the City's water purveyor, prior to the approval of Parcel Map No. 20622 or prior to the issuance of building permits in accordance with an approved Subdivision Improvement Agreement. 24 47. The applicant shall submit a Precise Grading/Paving Plan prepared by a California 25 registered civil engineer to the Engineering Services Department for review and approval. The Grading Plan shall be approved by the City Engineer prior to approval 26 of Parcel Map No. 20622 and prior to the issuance of any building permit.
48. The applicant shall submit a Geotechnical/Soils Report, prepared by a California 28 registered Geotechnical Engineer, for and incorporated as an integral part of the grading plan for the proposed development. A copy of the Geotechnical/Soils Report shall be -12-
1 submitted to the Engineering Services Department with the first submittal of the Precise Grading Plan.
2 3 49. The applicant shall submit civil engineering design plans, reports and/or documents, prepared by a registered/licensed civil engineer, for review and approval by the City 4 Engineer per the current submittal requirements, prior to the indicated threshold or as required by the City Engineer. The first submittal shall consist of, but is not limited to 5 6
a. ROUGH GRADE W/ EROSION CONTROL PLAN as needed (prior to grading permit issuance)
PRECISE GRADE W/ EROSION CONTROL PLAN (prior to grading 8 permit issuance)
9 c. PUBLIC IMPROVEMENT PLANS: Street Improvement, Signing and Striping, Sewer and Water, Street Light, Landscape and Irrigation. (off-site 10 construction permit issuance)
11 d. FINAL DRAINAGE STUDY (prior to grading plan approval) e. FINAL WQMP (prior to grading plan approval)
12 f. LEGAL DOCUMENTS: dedication along Valley Boulevard, Willow Avenue, and Alice Avenue (e.g. (prior to building permit Issuance) 13 g. AS-BUILT/RECORD DRAWINGS for all plans (prior to occupancy 14 release)
15 50. The applicant shall provide rough grade (pad elevation) certification, engineered-fill certification, and compaction report for all building pads in contormance with the 16 approved rough or precise grading plan, to the Engineering Services Department prior 17 to construction of any building foundation or issuance of building permit. 18 51. The applicant shall provide precise/final grade certification prior to Certificate of Occupancy approval.
19 52. The public and street improvements outlined in these conditions of approval are intended to convey to the developer an accurate scope of required improvements, however, the 21 City Engineer reserves the right to require reasonable additional improvements as may 22 be determined in the course of the review and approval of street improvement plans required by these conditions.
23 53. The applicant shall construct asphalt concrete paving for streets in two separate lifts. 24 The final lift of asphalt concrete pavement shall be postponed until such time that on- 25 site construction activities are complete. Unless the City Engineer provide prior authorization, paving of streets in one lift prior to completion of on-site construction is 26 not allowed. If City Engineer authorized, completion of asphalt concrete paving for streets prior to completion of on-site construction activities, requires additional paving 27 requirements prior to acceptance of the street improvements, including, but not limited 28 to: removal and replacement of damaged asphalt concrete pavement, overlay, slurry seal, or other repairs, as required by the City Engineer. -13-
1 54. The applicant shall repair all street cuts for utilities in accordance with City Standard 2 SC-231 within 72 hours of completion of the utility work; and any interim trench repairs 3 shall consist of compacted backfill to the bottom of the pavement structural section followed by placement of standard base course material in accordance with the Standard 4 Specifications for Public Work Construction ("Greenbook"). The base course material shall be placed the full height of the structural section to be flush with the existing 5 pavement surface and provide a smooth pavement surface until permanent cap paving 6 occurs using an acceptable surface course material.
55. In accordance with City Ordinance No. 1589, adopted to preserve newly paved streets, 8 ill street and/or trench cuts in street newly paved or slurry will be subject to moratoriur treet repair standards as referenced in Section 11.04.145 of the Rialto Municipal Cod 9 Contact the Engineering Services Department for a list of streets subject to the moratorium.
10 11 56. The applicant shall backfill and/or repair any and all utility trenches or other excavations within existing asphalt concrete pavement of off-site streets resulting from the proposed 12 development, in accordance with City of Rialto Standard Drawings. The applicant shall be responsible for removing, grinding, paving and/or overlaying existing asphalt orom site endings paring 13 concrete pavement of off-site streets including pavement repairs in addition to pavement 14 repairs made by utility companies for utilities installed for the benefit of the proposed development (i.e. West Valley Water District, Southern California Edison, Southern 15 California Gas Company, Time Warner, Verizon, etc.). Multiple excavations, trenches, and other street cuts within existing asphalt concrete pavement of off-site streets 16 resulting from the proposed development may require complete grinding and asphalt 17 concrete overlay of the affected off-site streets, at the discretion of the City Engineer.
The pavement condition of the existing off-site streets shall be returned to a condition 18 equal to or better than what existed prior to construction of the proposed development. 19 57. In accordance with Chapter 15.32 of the City of Rialto Municipal Code, all existing and 20 new electrical distribution lines of sixteen thousand volts or less and overhead service rop conductors, and all telephone, television cable service, and similar service wires c 21 ines, which are on-site, abutting, and/or transecting, shall be installed undergroun Utility undergrounding shall extend to the nearest off-site power pole; no new power 22 poles or guy wire poles shall be installed unless otherwise approved by the City Engineer. A letter from the owners of the affected utilities shall be submitted to the City Engineer prior to approval of the Grading Plan, informing the City that they have been 24 notified of the City's utility undergrounding requirement and their intent to commence 25 design of utility undergrounding plans. When available, the utility undergrounding plan shall be submitted to the City Engineer identifying all above ground facilities in the area 26 of the project to be undergrounded.
27 58. The applicant shall replace all damaged, destroyed, or modified pavement legends, 28 raffic control devices, signing, striping, and streetlights, associated with the propose levelopment prior to the issuance of a Certificate of Occupancy -14-
1 59. The applicant shall provide construction signage, lighting and barricading during all 2 phases of construction as required by City Standards or as directed by the City Engineer. 3 As a minimum, all construction signing, lighting and barricading shall be in accordance with Part 6 "Temporary Traffic Control" of the 2014 California Manual on Uniform 4 Traffic Control Devices, or subsequent editions in force at the time of construction. 5 60. 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 DWG (AutoCAD drawing file), DXF (AutoCAD ASCII 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 9 61. The applicant shall construct 4-inch conduit within the parkway area along the entire project frontages of Valley Boulevard, Willow Avenue, and Alice Avenue for future 10 use.
62. The applicant shall dedicate and/or vacate additional right-of-way along the entire 12 frontage of Valley Boulevard, as necessary, to provide the ultimate half-width of 60 feet, as required by the City Engineer.
13 14 63. The applicant shall dedicate and/or vacate additional right-of-way along the entire frontage of Willow Avenue, as necessary, to provide the ultimate half-width of 32 feet, 15 as required by the City Engineer.
16 64. The applicant shall dedicate and/or vacate additional right-of-way along the entire 17 frontage of Alice Avenue, as necessary, to provide the ultimate half-width of 32 feet, as required by the City Engineer.
18 65. The applicant shall construct an 8-inch curb and gutter along the entire frontage of 19 Valley Boulevard 48 feet south of centerline, in accordance with City of Rialto Standard 20 Drawings and the General Plan or applicable Specific Plan, prior to the issuance of a Certificate of Occupancy.
21 22 66. The applicant shall construct an 8-inch curb and gutter along the entire frontage of Willow Avenue 20 feet east of centerline, in accordance with City of Rialto Standard 23 Drawings and the General Plan or applicable Specific Plan, prior to the issuance of a Certificate of Occupancy.
24 25 67. The applicant shall construct an 8-inch curb and gutter along the entire frontage of Alice Avenue 20 feet west of centerline, in accordance with City of Rialto Standard Drawings 26 and the General Plan or applicable Specific Plan, prior to the issuance of a Certificate of Occupancy.
27 28 68. The applicant shall construct a 5.5-foot-wide sidewalk located adjacent to the curb along the along the entire project frontages of Valley Boulevard, Willow Avenue, and Alice -15-
1 Avenue, in accordance with City of Rialto Standard Drawings and in compliance with the Americans with Disabilities Act (ADA) and the California Building Code (CBC), 2 prior to the issuance of a Certificate of Occupancy.
3 69. The applicant shall replace any existing non-compliant, damaged, or unsatisfactory 4 sidewalk along the project frontage to the satisfaction of the City Engineer, prior to the 5 issuance of a Certificate of Occupancy.
6 70. The applicant shall dedicate additional right-of-way as may be required to provide a 7 Properly din onto back the soutes come of the in sei, a yaley by the City Engineer.
8 9 71. The applicant shall dedicate additional right-of-way as may be required to provide property line corner cutbacks at the northeast and southeast corners of the intersection 10 of Willow Avenue and the proposed driveway connected to Willow Avenue, in accordance with City Standard SC-235, as required by the City Engineer. 12 72. The applicant shall dedicate additional right-of-way as may be required to provide property line corner cutbacks at the northwest and southwest corners of the intersection 13 of Alice Avenue and the proposed driveway connected to Alice Avenue, in accordance 14 with City Standard SC-235, as required by the City Engineer. 15 73. The applicant shall construct a new forty (40) foot wide commercial driveway approach 16 on the south end of the Willow Avenue frontage, in accordance with City of Rialto Standard Drawing No. SC-214, or as otherwise approved by the City Engineer. Nothing 17 shall be constructed or planted in the corner cut-off area which does exceed or will exceed 30 inches in height in order to maintain an appropriate corner sight distance, as 18 required by the City Engineer. If necessary, additional right of way shall be dedicated on-site to construct a path of travel meeting ADA guidelines for the public. 19 20 74. The applicant shall construct a new forty (40) foot wide commercial driveway approach on the south end of the Alice Avenue frontage, in accordance with City of Rialto 21 Standard Drawing No. SC-214, or as otherwise approved by the City Engineer. Nothing 22 shall be constructed or planted in the corner cut-off area which does exceed or will exceed 30 inches in height in order to maintain an appropriate corner sight distance, as 23 required by the City Engineer. If necessary, additional right of way shall be dedicated on-site to construct a path of travel meeting ADA guidelines for the public. 24 75. The applicant shall construct a curb ramp meeting current California State Accessibility standards at the southeast corner of the intersection of Valley Boulevard and Willow 26 Avenue, in accordance with the City of Rialto Standard Drawings, prior to the issuance of a Certificate of Occupancy. The applicant shall provide a fully detailed curb return, 27 ramp, and sidewalk approach design of a scale of one-inch equals ten-feet or larger with 28 the street improvement plan submittal.
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1 76. The applicant shall construct a curb ramp meeting current California State Accessibility standards at both the northeast and southeast corners of the intersection of Willow 2 Avenue and the proposed driveway connected to Willow Avenue, in accordance with 3 the City of Rialto Standard Drawings. The applicant shall ensure that an appropriate path of travel, meeting ADA guidelines, is provided across the driveway, and shall 4 adjust the location of the access ramps, if necessary, to meet ADA guidelines, subject to the approval of the City Engineer. If necessary, additional pedestrian and sidewalk 5 easements shall be provided on-site to construct a path of travel meeting ADA 6 guidelines.
7 77. The applicant shall construct a curb ramp meeting current California State Accessibility standards at both the northwest and southwest corners of the intersection of Alice 8 Avenue and the proposed driveway connected to Alice Avenue, in accordance with the 9 City of Rialto Standard Drawings. The applicant shall ensure that an appropriate path of travel, meeting ADA guidelines, is provided across the driveway, and shall adjust the 10 location of the access ramps, it necessary, to meet ADA guidelines, subject to the 11 approval of the City Engineer. If necessary, additional pedestrian and sidewalk casements shall be provided on-site to construct a path of travel meeting ADA 12 guidelines.
13 78. The applicant shall construct a 2" X 4" Redwood Header, located at 12 feet east of Alice 14 Avenue centerline along the entire trontage as required by the City Engineer, in accordance with City of Rialto Standard Drawings. Alternatively, an additional 2 feet 15 of pavement may be placed in-lieu of the redwood header at the discretion of the City Engineer.
16 17 79. The applicant shall construct a 16-foot wide raised and landscaped median island along Valley Boulevard frontage of property, in accordance with City Standards and any 18 applicable Specitic Plan as approved by the City Engineer. The median nose width shall be constructed at 3 feet wide and shall have stamped concrete. The left turn pockets 19 shall be designed in accordance with Section 405 of the current edition of the Caltrans 20 Highway Design Manual, and/or as approved by the City Engineer. Alternatively, median in-lieu fees may be required at the discretion of the City Engineer. 21 80. At the discretion of the City Engineer, the applicant shall perform a 2-inch grind and 22 overlay of the existing pavement of the south half of Valley Boulevard along the entire project frontage plus the #1 westbound lane and any left-turn lanes, prior to the issuance of a Certificate of Occupancy.
24 25 81. At the discretion of the City Engineer, the applicant shall remove existing pavement and construct new pavement for the easterly half street width along the project frontage of 26 Willow Avenue and perform a 2-inch grind and overlay for the westerly half street width along the project frontage of Willow Avenue. The easterly minimum pavement section shall be 4 inches asphalt concrete pavement over 6 inches crushed aggregate base with 28 a minimum subgrade of 24 inches at 95% relative compaction, or equal, along the entire half-width street frontage in accordance with City of Rialto Standard Drawings. The -17-
1 pavement section shall be determined using a Traffic Index ("TI") of 10. The pavement section shall be designed by a California registered Geotechnical Engineer using "R" 2 values from the project site and submitted to the City Engineer for approval. 3 82. At the discretion of the City Engineer, the applicant shall remove existing pavement and 4 construct new pavement for half street width plus 12 feet along the entire project frontage of Alice Avenue. The minimum pavement section shall be 4 inches asphalt 5 concrete pavement over 4 inches crushed aggregate base with a minimum subgrade of 6 24 inches at 95% relative compaction, or equal, along the entire half-width street frontage in accordance with City of Rialto Standard Drawings. The pavement section 7 shall be 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 8 project site and submitted to the City Engineer for approval 9 83. The applicant shall install Class II thermoplastic Bicycle Facilities, as refenced in the 10 San Bernardino County Non-Motorized Transportation Plan - May 2014, Figure 5.41, 11 along the entire project frontage of Valley Boulevard, prior to the issuance of a Certificate of Occupancy.
12 84. The applicant shall install "No Stopping Anytime" R26A(S)(CA) signage along the 13 entire project frontages of Valley Boulevard, Willow Avenue, and Alice Avenue, as 14 required by the City Engineer, prior to the issuance of a Certificate of Occupancy. 15 85. The applicant shall be responsible for coordinating with Omnitrans regarding the location of existing, proposed, and future bus stops along the property frontage of all 16 public streets. The developer shall design street and sidewalk improvements in 17 accordance with the latest Omnitrans bus stop guidelines and in compliance with current accessibility standards pursuant to the Americans with Disabilities Act (ADA) 18 requirements. The developer shall design all bus stops to accommodate the Omnitrans Premium Shelters. Prior to Certificate of Occupancy, the developer shall submit to 19 Engineering Services Department verification from Omnitrans acknowledging 20 concurrence with the existing, proposed, and future bus stop improvements in conformance with the Premium Shelter design guidelines. Additionally, bus turnouts 21 are required to accommodate proposed bus stops in accordance with the City Standards and as approved by the City Engineer.
22 23 86. The minimum pavement section for all on-site pavements shall be two (2) inches asphalt concrete pavement over four (4) inches crushed aggregate base with a minimum 24 subgrade of twenty-four (24) inches at 95% relative compaction, or equal. If an 25 alternative pavement section is proposed,, the proposed pavement section shall be designed by a California registered Geotechnical Engineer using "R" values from the 26 project site and submitted to the City Engineer for approval. 27 87. The applicant shall connect the project to the City of Rialto sewer system and apply for 28 a sewer connection account with Rialto Water Services. -18-
1 88. Domestic water service to the underlying property is provided by Rialto Water Services.
The applicant shall be responsible for coordinating with Rialto Water Services and 2 complying with all requirements for establishing domestic water service to the property. 3 The design must include fire hydrants along Valley Boulevard, Willow Avenue, and Alice Avenue.
4 89. The applicant shall install a new domestic water line lateral connection to the main water 5 line within either Valley Boulevard or Willow Avenue, pursuant to the Rialto Water 6 Services requirements. A water line plan shall be approved by Rialto Water Services prior to approval of Parcel Map No. 20622.
7 The applicant shall provide certification from Rialto Water Services that demonstrates 8 that all water and/or wastewater service accounts for the project are documented, prior 9 to the issuance of a Certificate of Occupancy or final inspection approval from the Engineering Services Department.
10 11 91. The development of the site is subject to the requirements of the National Pollution Discharge Elimination System (NDES) Permit for the City of Rialto, under the Santa 12 Ana Regional Water Quality Control Board, Board Order No. R8-2010-0036. Pursuant to the NPDES Permit, the applicant shall ensure development of the site incorporates 13 post-construction Best Management Practices ("BMPs") in accordance with the Model 14 Water Quality Management Plan ("WQMP") approved for use for the Santa Ana River Watershed. The applicant is advised that applicable Site Design BMPs will be required 15 to be incorporated into the final site design, pursuant to a site specific WQMP submitted to the City Engineer for review and approval
16 17 92. The applicant shall submit a Water Quality Management Plan identifying site-specific Best Management Practices ("BMPs") in accordance with the Model Water Quality 18 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 19 with the Grading Plan. A WQMP Maintenance Agreement shall be required, obligating 20 the property owners) to appropriate operation and maintenance obligations of on-site BMPs constructed pursuant to the approved WQMP. The WQMP and Maintenance 21 Agreement shall be approved prior to the issuance of any building permit and shall be recorded at the San Bernardino County Recorder's Office prior to the issuance of a 22 Certificate of Occupancy.
23 93. The applicant shall prepare a Notice of Intent (NOI) to comply with the California 24 General Construction Stormwater Permit (Water Quality Order 2009-0009-DWQ as 25 modified September 2, 2009) is required via the California Regional Water Quality Control Board online SMARTS system. A copy of the executed letter issuing a Waste 26 Discharge Identification (WDID) number shall be provided to the City Engineer prior to issuance of a grading or building permit. The applicant's contractor shall prepare and 27 maintain a Storm Water Pollution Prevention Plan ("SWPPP") as required by the 28 General Construction Permit. All appropriate measures to prevent erosion and water pollution during construction shall be implemented as required by the SWPPP. -19-
94. All stormwater runoff passing through the site shall be accepted and conveyed across 2 the property in a manner acceptable to the City Engineer. For all stormwater runoff 3 falling on the site, on-site retention or other facilities approved by the City Engineer shall be required to contain the increased stormwater runoff generated by the development of the property. Provide a hydrology study to determine the volume of increased stormwater runoff due to development of the site, and to determine required 5 stormwater runoff mitigation measures for the proposed development. Final retention 6 asin sizing and other stormwater runoff mitigation measures shall be determined upo eview and approval of the hydrology study by the City Engineer and may requit 7 redesign or changes to site configuration or layout consistent with the findings of the 8 final hydrology study. The volume of increased stormwater runoft to retain on-site shal 9 10 95. 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 entering adjacent public streets from the project site shall be provided through the use 12 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 streets through parkway or under sidewalk drains. All on-site and off-site designs must 14 comply with NPDES stormwater regulations.
15 96. Prior to the 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 16 conformance with approved plans and specifications, and as identified in the approved 17 WOMP.
18 97. The applicant shall provide a WQMP BMP certification, prior to the issuance of a Certificate of Occupancy.
20 98. Any utility trenches or other excavations within existing asphalt concrete pavement of off-site streets required by the proposed development shall be backfilled and repaired in 21 accordance with City of Rialto Standard Drawings. The Applicant shall be responsible for removing, grinding, paving and/or overlaying existing asphalt concrete pavement of 22 off-site streets as required by and at the discretion of the City Engineer, including additional pavement repairs to pavement repairs made by utility companies for utilities installed for the benefit of the proposed development (i.e. Rialto Water Services, 24 Southern California Edison, Southern California Gas Company, Time Warner, Verizon, 25 etc.). Multiple excavations, trenches, and other street cuts within existing asphalt concrete pavement of off-site streets required by the proposed development may require 26 complete grinding and asphalt concrete overlay of the affected oft-site streets, at the discretion of the City Engineer. The pavement condition of the existing off-site streets 27 shall be returned to a condition equal to or better than existed prior to construction of 28 the proposed development.
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1 99. The applicant shall adhere to the City Council approved franchise agreements and 2 disposal requirements during all construction activities, in accordance with Section 8.08 3 (Refuse Collection of the City of Rialto Municipal Code). 100. Prior to commencing with any grading, the applicant shall implement the required erosion and dust control measures shall be in place. In addition, the following shall be 5 included if not already identified:
6 a. 6 foot high tan colored perimeter screened fencing 7 b. Contractor information signage including contact information along the street frontage of Valley Boulevard.
8 c. Post dust control signage with the following verbiage: "Project Name, WDID No., 9 IF YOU SEE DUST COMING FROM THIS PROJECT CALL: NAME (XXX) XXX-XXX, If you do not receive a response, please call the AQMD at 1-800- 10 CUT-SMOG/1-800-228-7664"
11 101. The applicant shall remove any graffiti within 24 hours, before, during, and post 12 construction.
13 102. The original improvement plans prepared for the proposed development and approved 14 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 15 certificate of occupancy. Any modifications or changes to approved improvement plans shall be submitted to the City Engineer for approval prior to construction. 16 17 103. The applicant shall submit full architectural and structural plans with all mechanical, electrical, and plumbing plans, structural calculations, truss calculations and layout, 18 rough grading plans approved by Public Works Engineering, Water Quality Management Plan, Erosion Control Plan, Stormwater Pollution Prevention Plan, and 19 Title 24 Energy Calculations to the Building Division for plan check and review, prior 20 104. 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, 22 perimeter walls, trash enclosure, etc.).
23 105. The applicant shall design the structures in accordance with the 2022 California 24 Building Code, 2022 California Mechanical Code, 2022 California Plumbing Code, and 25 the 2022 California Electrical Code, 2022 Residential Code and the 2022 California Green Buildings Standards adopted by the State of California. 26 106. The applicant shall design the structures to withstand ultimate wind speed of 130 miles 27 per hour, exposure C and seismic zone D.
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1 107. The applicant shall submit fire sprinkler, fire alarm systems, and fire hydrant plans to the Building Division for plan review concurrently with building plans and shall be 2 approved prior to the issuance of a building permit.
3 108. The applicant shall obtain an Electrical Permit from the Building Division for any 4 temporary electrical power required during construction. No temporary electrical power will be granted to a project unless one of the following items is in place and approved 5 by the Building Division: (A) Installation of a construction trailer, or, (B) Security 6 fencing around the area where the electrical power will be located. 7 109. The applicant shall install temporary construction fencing and screening around the perimeter of the project site. The fencing and screening shall be maintained at all times 8 during construction to protect pedestrians.
9 110. The applicant shall install any required temporary construction trailer on private 10 property. No trailers are allowed to be located within the public right-of-way. The 11 trailer shall be removed prior to the issuance of a Certificate of Occupancy. 12 111. The applicant shall design and construct accessible paths of travel from the building's accessible entrances to the public right-of-way, accessible parking, and the trash 13 enclosure. Paths of travel shall incorporate (but not limited to) exterior stairs, landings, 14 walks and sidewalks, pedestrian ramps, curb ramps, warning curbs, detectable warning, signage, gates, lifts and walking surface materials, as necessary. The accessible route(s) 15 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 16 site, California Building Code, (CBC) Chapter 11, Sec, 11A and 11B. 17 112. Prior to issuance of a Building Permit all of the following must be in place on the Site:
18 a portable toilet with hand wash station, all BMP's, fencing and signage on each adjacent 19 street saying "If there is any dust or debris coming from this site please contact (superintendent number here) or the AQMD if the problem is not being resolved" or 20 something similar to this.
21 113. The applicant shall provide temporary toilet facilities for the construction workers. The toilet facilities shall always be maintained in a sanitary condition. The construction 22 toilet facilities of the non-sewer type shall conform to ANSI ZA.3. 114. The applicant shall underground all on site utilities to the new proposed structures, prior 24 to the issuance of a Certificate of Occupancy, unless prior approval has been obtained 25 by the utility company or the City.
26 115. Prior to issuance of Building Permits, site grading final and pad certifications shall be submitted to the Building Division, which include elevation, orientation, and compaction. The certifications are required to be signed by the engineer of record. 28 -22-
1 116. The applicant shall provide proof of payment to the Colton Joint Unified School District for all required school fees, prior to the issuance of a building permit. 2 3 117. Site facilities such as parking open or covered, recreation facilities, and trash dumpster areas, and common use areas shall be accessible per the California Building Code, 4 Chapter 11.
5 118. The applicant shall place a copy of the Conditions of Approval herein on within the 6 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. 7 119. The applicant shall ensure that a minimum of 65% of all construction and demo debris 8 shall be recycled using an approved City of Rialto recycling facility during construction. 9 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.
10 11 120. Prior to allowing flammable materials on the site, on site water service and fire hydrants shall be installed and approved by the Fire Department. 12 121. The applicant shall comply with all applicable requirements of the California Fire Code 13 and Chapter 15.28 (Fire Code) of the Rialto Municipal Code. 14 122. The applicant shall illuminate all walkways, passageways, and locations where 15 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 16 manner as to automatically turn on at dusk and turn off at dawn. 17 123. The applicant shall illuminate all alleyways, driveways, and uncovered parking areas 18 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 manner as to automatically 19 turn on at dusk and turn off at dawn.
20 124. The applicant shall illuminate all loading dock areas, truck well areas, and delivery areas 21 with a minimum of 2.0 foot-candles (at surface leve!) of light during the hours of darkness. Lighting shall be designed/constructed in such a manner as to automatically 22 turn on at dusk and turn off at dawn.
23 125. The applicant shall design/construct all lighting fixtures and luminaries, including 24 supports, poles and brackets, in such a manner as to resist vandalism and/or destruction by hand.
25 26 126. The applicant shall provide an illuminated channel letter address prominently placed on the building to be visible to the front of the location and if applicable, visible from the main street to which they are located (e.g. commercial building facing the interior of the property would require two address signs if located adjacent to a roadway, prior to the 28 -23-
1 127. At the discretion of the Rialto Police Department, the applicant shall install exterior 2 security cameras at the location that cover the entire Site, prior to the issuance of a 3 Certificate of Occupancy. The security cameras shall be accessible to the Rialto Police Department via FusionONE web application.
4 128. The applicant shall install Knox boxes immediately adjacent to the main entrance of the 5 building and at least one (1) rear entrance on the building to facilitate the entry of safety 6 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 building. The 7 Knox boxes shall be equipped with the appropriate keys, for each required location, prior to the first day of business. The Knox-Box placement shall be shown on the formal 8 building plan review submittal prior to the issuance of a building permit. 9 129. The applicant shall prominently display the address on the building rooftop to be visible 10 to aerial law enforcement or fire aircraft. Specifications to be followed for alphanumeric 11 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 12 in stark contrast to the background to which they are attached (e.g. white numbers and letters on a black background), and resistant weathering that would cause a degradation 13 of the contrast.
14 130. The applicant shall provide an audible alarm within the building, prior to the issuance 15 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 16 device / crash bar).
17 131. The applicant or General Contractor shall identify each contractor and subcontractor 18 hired to work at the job site on a Contractor Sublist form and return it to the Business License Division with a Business License application and the Business License tax fee 19 based on the Contractors tax rate for each contractor. 20 132. Prior to issuance of a Certificate of Occupancy, the Lessor of the property shall pay a 21 business license tax based on the Rental Income Property tax rate. 22 SECTION 5. The Chairman of the Planning Commission shall sign as to the passage and 23 adoption of this resolution and thereupon the same shall take effect and be in force. 24 25 PASSED, APPROVED AND ADOPTED this 9th day of August. 2023. 26 27
JERRY GUTIERREZ, CHAIR
28 CITY OF RIALTO PLANNING COMMISSION
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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. 2023-61 was duly passed and adopted at a regular meeting of the Planning 7 Commission of the City of Rialto held on the 9th day of August 2023. 8 Upon motion of Commissioner Dale Estvander, second by Commissioner Artist Gilbert, 9 foregoing Resolution No. 2023-61 was duly passed and adopted. 10 11 Vote on the motion:
12 AYES: 4 (Gutierrez, Peukert, Estvander, Gilbert)
13 NOES: 0
14 ABSTENTION: 1 (Gonzalez)
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 9th day of August 2023.
19 20
than
21 Kimberly Dame
22 Administrative Analyst
23 24
25 26
27 28