1 RESOLUTION NO. 2023-53
2 A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF RIALTO, CALIFORNIA ADOPTING A MITIGATED
NEGATIVE DECLARATION (ENVIRONMENTAL
4 ASSESSMENT REVIEW NO. 2022-0009) FOR A PROJECT
CONSISTING OF THE REDEVELOPMENT AND REUSE OF AN
5 EXISTING INDUSTRIAL SITE COMPRISED OF 13.83 GROSS
ACRES OF LAND (APN: 0130-191-09) LOCATED AT THE
NORTHEAST CORNER OF RIALTO AVENUE AND LILAC
7 AVENUE WITHIN THE LIGHT MANUFACTURING (M-1) ZONE
8 WITH A 299,780 SQUARE FOOT INDUSTRIAL WAREHOUSE
BUILDING.
10 WHEREAS, the applicant, AIREF Rialto Commerce Center II, LP, proposes to redevelop 11 and reuse an existing industrial site comprised of 13.83 gross acres of land (APN: 0130-191-09) 12 located at the northeast corner of Rialto Avenue and Lilac Avenue within the Light Manufacturing 13 (M-1) zone ("Site") with a 299,780 square foot industrial warehouse building ("Project"); and 14 WHEREAS, the Project within the M-1 zones requires the approval of a Conditional 15 Development, and the applicant has agreed to apply for Conditional Development Permit No. 16 2022-0002 ("CDP No. 2022-0002"), in accordance with Chapter 18.66 (Conditional Development 17 Permits) of the Rialto Municipal Code and Chapter 18.112 (Indoor Storage Facilities) of the Rialto 18 Municipal Code; and
19 WHEREAS, the Project within the M-1 zone requires the approval of a Precise Plan of 20 Design, and the applicant has agreed to apply for Precise Plan of Design No. 2022-0001 ("PPD 21 No. 2022-0001"), in accordance with Chapter 18.65 (Precise Plan of Design) of the Rialto 22 Municipal Code; and
23 WHEREAS, pursuant to the provisions of the California Environmental Quality Act, 24 Public Resources Code Sections 21000 et. seq. (" CEQA"), the State's CEQA Guidelines, 25 California Code of Regulations, Title 14, Section 15000 et. seq., and Government Code Section 26 65962.5(f) (Hazardous Waste and Substances Statement), the City reviewed an Initial Study 27 (Environmental Assessment Review No. 2022-0009) prepared by T&B Planning, Inc. and 28 determined that there is no substantial evidence that the approval of the Project would result in a -1-
1 significant adverse effect on the environment, provided appropriate mitigation measures are 2 imposed on the Project; thus, a Mitigated Negative Declaration was prepared and notice thereof 3 was given in the manner required by law; and
4 WHEREAS, a Notice of Completion for the Mitigated Negative Declaration was 5 distributed to the State Clearinghouse on May 12, 2023 (SCH#: 2023050324); and 6 WHEREAS, a Notice of Intent to adopt the Mitigated Negative Declaration for the Project 7 was published in the San Bernardino Sun newspaper, and mailed to all property owners within 1,000 feet of the Project Site, and a thirty (30) day public comment period was held from May 15, 9 2023 to June 13, 2023; and
10 WHEREAS, The Planning Division received five (5) comment letters during the thirty (30) 11 day public comment period - one (1) comment letter from the South Coast Air Quality 12 Management District (SCAQMD), which was submitted on June 13, 2023, one (1) comment letter 13 from the Center for Community Action and Environmental Justice (CCAEJ, which was submitted 14 on June 13, 2023, one (1) comment letter from Rialto resident Ana Gonzalez, which was submitted 15 on June 13, 2023, one (1) comment letter from Danielle Delgado, which was submitted on June 16 13, 2023, and one (1) comment letter signed by thirty-one (31) residents of Rialto, which was 17 submitted on June 13, 2023; and
18 WHEREAS, on June 29, 2023, the Planning Division, in coordination with T&B Planning, 19 Inc., prepared response letters to address the comments from the original comment letters; and 20 WHEREAS, the City mailed public hearing notices for the proposed Project to all property 21 owners within 1,000 feet of the project site, and published the public hearing notice in the San 22 Bernardino Sun newspaper as required by State law; and 23 WHEREAS, on July 26, 2023, the Planning Commission of the City of Rialto conducted a 24 duly noticed public hearing, as required by law, on the Mitigated Negative Declaration, CDP No. 25 2022-0002, and PPD No. 2022-0001, took testimony, at which time it received input from staff, 26 the city attorney, and the Applicant; heard public testimony; discussed the proposed Mitigated 27 Negative Declaration, CDP No. 2022-0002, and PPD No. 2022-0001; and closed the public 28 hearing; and
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WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred. 2 NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Rialto 3 as follows:
4 SECTION 1: The Planning Commission hereby finds all of the above recitals to be true 5 and correct.
6 SECTION 2: The Planning Commission has independently reviewed and considered the 7 proposed Mitigated Negative Declaration (Environmental Assessment Review No. 2022-0009) 8 attached hereto as Exhibit "A" and incorporated herein by this reference, the public comments upon it, and other evidence, and finds that the Mitigated Negative Declaration was prepared in the 10 manner required by law, and there is no substantial evidence, provided appropriate mitigation 11 measures are imposed, that the Project would result in a significant adverse effect upon the 12 environment.
13 SECTION 3: The Initial Study (Environmental Assessment Review No. 2022-0009) 14 prepared for the project identified that the Site did not have suitable habitat for any threatened or 15 endangered species, and therefore the proposed Project will have no individual or cumulative 16 adverse impacts upon resources, as defined in Section 711. 2 of the State Fish and Game Code. 17 SECTION 4: The attached proposed Initial Study and Mitigated Negative Declaration, 18 Exhibit "A" hereto, finds that there are no impacts or less than significant impacts to aesthetics, 19 agriculture and forestry resources, air quality, energy, greenhouse gas emissions, hydrology/water 20 quality, land use/planning, mineral resources, noise, population/housing, public services, 21 recreation, traffic and transportation, utilities and service systems, and wildfire. 22 SECTION 5: With the imposition of mitigation measures that address potential impacts 23 upon air biological resources, cultural resources, geology and soils, hazards/hazardous materials, 24 tribal cultural resources, and mandatory findings of significance in the community, and as set forth 25 in the Mitigation Monitoring & Reporting Program, Exhibit "B" hereto, which is attached hereto 26 and incorporated herein by this reference, the proposed Project's potential significant impacts will 27 be reduced below a level of significance.
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1 SECTION 6: For the foregoing reasons and based on the information and findings included in the Initial Study and Mitigated Negative Declaration, technical reports, Mitigation Monitoring 3 and Reporting Program, Staff Report, public testimony, and all other documents and evidence in 4 the administrative record of proceedings, the Planning Commission has determined that the Project, as conditioned and mitigated, will not have a significant adverse impact on the 6 environment and also finds that the preparation of the Initial Study and Mitigated Negative 7 Declaration attached hereto complies with CEQA. Therefore, the Planning Commission hereby 8 certifies the Initial Study, Mitigated Negative Declaration, and Mitigation Monitoring and 9 Reporting Program, making certain environmental findings to allow the Project. 10 SECTION 7: The Chairman of the Planning Commission shall sign the passage and 11 adoption of this resolution and thereupon the same shall take effect and be in force. 12 PASSED, APPROVED AND ADOPTED this 26th day of July. 2023. 13 14
15 JERRY GUTTERREZ, CHAIR
CITY OF RIALTO PLANNING COMMISSION
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27 28
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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. 2023-53 was duly passed and adopted at a regular meeting of the Planning Commission of the City of Rialto held on the 26" day of July 2023. 8 Upon motion of Commissioner Dale Estvander, second by Commissioner Artist Gilbert, 9 foregoing Resolution No. 2023-53 was duly passed and adopted. 10 11 Vote on the motion:
12 AYES: 3 (Peukert, Estvander, Gilbert)
13 NOES: 2 (Gutierrez, Gonzalez)
14 ABSTENTION: 0
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 26"h day of July 2023.
19 20
21 Reeme
Kimberly Dame
Administrative Analyst
1 RESOLUTION NO. 2023-54
2 A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF RIALTO, CALIFORNIA APPROVING CONDITIONAL
3 DEVELOPMENT PERMIT NO. 2022-0002 ALLOWING THE
REDEVELOPMENT AND REUSE OF AN EXISTING
INDUSTRIAL SITE COMPRISED OF 13.83 GROSS ACRES OF
5 LAND (APN: 0130-191-09) LOCATED AT THE NORTHEAST
CORNER OF RIALTO AVENUE AND LILAC AVENUE WITHIN
6 THE LIGHT MANUFACTURING (M-1) ZONE WITH A 299,780
7 SQUARE FOOT INDUSTRIAL WAREHOUSE BUILDING.
8 WHEREAS, the applicant, AIREF Rialto Commerce Center II, LP, proposes to redevelop 9 and reuse an existing industrial site comprised of 13.83 gross acres of land (APN: 0130-191-09) 10 located at the northeast corner of Rialto Avenue and Lilac Avenue within the Light Manufacturing 11 (M-1) zone ("Site") with a 299,780 square foot industrial warehouse building ("Project"); and 12 WHEREAS, the Project will consist of 6,000 square feet of office space on the ground 13 floor, 6,000 square feet of office space on the second floor, and 287,780 square feet of warehouse 14 space, thirty-eight (38) dock-high loading doors, which will be located on the south side of the 15 building, concrete screen walls, an abundant amount of landscaping, and full pedestrian and 16 vehicle access; and
17 WHEREAS, Pursuant to Section 18.112.040A of the Rialto Municipal Code, the Project 18 requires a Conditional Development Permit, and the applicant has agreed to apply for Conditional 19 Development Permit No. 2022-0002 ("CDP No. 2022-0002"); and 20 WHEREAS, in conjunction with the Project, the applicant has applied for Precise Plan of 21 Design No. 2022-0001 ("PPD No. 2022-0001") to facilitate the development of a 299,780 square 22 foot industrial warehouse building and associated paving, landscaping, fencing, lighting, and 23 drainage improvements on the Site; and
24 WHEREAS, on July 26, 2023, the Planning Commission of the City of Rialto conducted a 25 duly noticed public hearing, as required by law, on CDP No. 2022-0002 and PPD No. 2022-0001, 26 took testimony, at which time it received input from staff, the city attorney, and the applicant; 27 heard public testimony; discussed the proposed CDP No. 2022-0002 and PPD No. 2022-0001; and 28 closed the public hearing; and
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1 WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred. 2 NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Rialto as 3 follows:
4 SECTION 1. The Planning Commission hereby specifically finds that all of the facts set forth 5 in the recitals above of this Resolution are true and correct and incorporated herein. 6 SECTION 2. Based on substantial evidence presented to the Planning Commission during 7 the public hearing conducted with regard to CDP No. 2022-0002, including written staff reports, 8 verbal testimony, site plans, other documents, and the conditions of approval stated herein, the 9 Planning Commission hereby determines that CDP No. 2022-0002 satisfies the requirements of 10 Section 18.66.020 of the Rialto Municipal Code pertaining to the findings which must be made 11 precedent to granting a conditional development permit, which findings are as follows:
12 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 13 or community; and
14 This finding is supported by the following facts:
15 16 The Site was previously developed into a lumber yard, was occupied by Orange County Lumber Company until the end of 2022 and is now unoccupied. The Project will redevelop 17 the Site with the highest and best use, in accordance with the General Manufacturing (M- 1) zoning district. Additionally, the Project will provide employment opportunities within 18 the City and reduce blight by implementing a use on a vacant site. 19 The proposed use will not be detrimental or injurious to health, safety, or general 20 welfare of persons residing or working in the vicinity; and 21 This finding is supported by the following facts:
22 The development of an industrial warehouse building on the Site is consistent with the 23 Light Manufacturing (M-1) zoning designation, which conditionally permits the development and operation of industrial warehouse buildings. To the north of the project 24 site is a segment of the Pacific Electric Railway line, and further to north, on the other side 25 of the Pacific Electric Railway line, is Bud Bender Park and Rialto Park Cemetery. To the east of the project site is the Rialto Police Station, to the south, across Rialto Avenue, are 26 various industrial developments and uses, and to the west, across Lilac Avenue, are additional various industrial developments and uses. The zoning designation of the Site and the properties to the east, south, and west is M-2, and the zoning designation of the 28 property to the north is Transportation Corridor (T-C). The nearest sensitive uses are the Bud Bender Park and Rialto Park Cemetery located approximately 70 feet to the north of -2-
1 the project site and existing single-family residences located approximately 110 feet to the northwest of the project site. The project is not expected to negatively impact any 2 surrounding uses with the successful implementation of measures such as the placement of 3 the truck court on the south side of the building, the installation of solid screen walls around the truck court, the installation of landscape planters around the perimeter of the building 4 and the Site, and other traffic related measures.
5 The site for the proposed use is adequate in size, shape, topography, accessibility and 6 other physical characteristics to accommodate the proposed use in a manner compatible with existing land uses; and
7 8 This finding is supported by the following facts:
9 The Site is 13.83 gross acres in size and adjacent to two (2) public streets, which will be able to accommodate the proposed use. The Project will have three (3) point of access via Lilac 10 Avenue and one (1) point of access via Rialto Avenue. The northerly and center driveways 11 on Lilac Avenue will provide full access for passenger vehicles only, the southerly driveway on Lilac Avenue will provide full access for passenger vehicles and right-in/left-out access 12 for trucks, and the driveway on Rialto Avenue will provide full access for passenger vehicles and left-in/right-out access for trucks. In addition, the building will have 199 passenger 13 vehicle parking spaces, which exceeds the amount required by Chapter 18.58 (Off-Street 14 Parking) of the Rialto Municipal Code.
15 4. The site has adequate access to those utilities and other services required for the proposed use; and
16 17 This finding is supported by the following facts:
18 The Site will have adequate access to all utilities and services required through main water, electric, sewer, and other utility lines that will be hooked up to the Site. 19 20 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 21 inharmonious with the General Pian and its objectives, the M-1 zone, or any zoning ordinances, and
22 23 This finding is supported by the following facts:
24 As previously stated, the proposed use is consistent with the Light Manufacturing (M-1) 25 zoning designation. The building will be oriented such that none of the dock doors will front or face any of the sensitive uses further north of the Site, the building will have 199 26 passenger vehicle parking spaces, and the building will have a floor area ratio (FAR) of
49.8 percent, all of which comply with the General Plan, the M-1 zoning district, Chapter 27 18.112 (Indoor Storage Facilities) of the Rialto Municipal Code, and the City's Design 28 Guidelines. Landscaping will be abundantly incorporated into the Site, as the landscape -3-
1 coverage for the project is 11.3 percent, which exceeds the minimum required amount of
10.0 percent.
2 3 Any potential adverse effects upon the surrounding properties will be minimized to every extent practical and any remaining adverse effects shall be outweighed by the benefits conferred upon the community or neighborhood as a whole. 5 This finding is supported by the following facts:
6 The Project's effects will be minimized through the implementation of the Conditions of Approval contained herein, and through the implementation of Conditions of Approval imposed by the Planning Commission on the Precise Plan of Design, such as extensive 8 landscaping, solid screen walls, decorative paving, and enhanced architectural features.
The development of a high-quality industrial development will provide additional employment opportunities for residents and visitors to the City. The Project is consistent 10 with the Light Manufacturing (M-1) zoning district and the industrial uses to the south and 11 west of the Site. The nearest sensitive uses are the Bud Bender Park and Rialto Park Cemetery located approximately 70 feet to the north of the project site and existing single- 12 family residences located approximately 110 feet to the northwest of the project site. The project is not expected to negatively impact any surrounding uses with the successful 13 implementation of measures such as the placement of the truck court on the south side of 14 the building, the installation of solid screen walls around the truck court, the installation of landscape planters around the perimeter of the building and the Site, and other traffic 15 related measures. Therefore, any potential adverse effects are outweighed by the benefits conferred upon the community and neighborhood as a whole. 16 17 SECTION 3. An Initial Study (Environmental Assessment Review No. 2022-0009) has been 18 prepared for CDP No. 2022-0002 in accordance with the California Environmental Quality Act 19 (CEQA). Based on the findings within the Initial Study, staff determined that the project will not 20 have an adverse impact on the environment and a Mitigated Negative Declaration was prepared. The 21 local newspaper published a copy of the Notice of Intent to adopt the Mitigated Negative Declaration 22 for the project, and the City mailed the notice to all property owners within 1,000 feet of the project 23 site for a public comment period held from May 15, 2023 to June 13, 2023. The Planning 24 Commission directs the Planning Division to file the necessary documentation with the Clerk of the 25 Board of Supervisors for San Bernardino County.
26 27 SECTION 4. CDP No. 2022-0002 is granted to AIREF Rialto Commerce Center II, LP, in 28 accordance with the plans and application on file with the Planning Division, subject to the following conditions:
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1 1. The approval is granted allowing the development and operation of a 299,780 square foot industrial warehouse building on 13.83 acres of land (APN: 0130-191-09) located at the 2 northeast corner of the Rialto Avenue and Lilac Avenue, as shown on the plans attached 3 as Exhibit A and as approved by the Planning Commission. If the Conditions of Approval specified herein are not satisfied or otherwise completed, the project shall be subject to 4 revocation.
5 2. City inspectors shall have access to the site to reasonably inspect the site during normal 6 working hours to assure compliance with these conditions and other codes. 7 3. The applicant shall indemnify, protect, defend, and hold harmless, the City of Rialto, 8 and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof (collectively, the "City Parties"), from any and all claims, 9 demands, law suits, writs of mandamus, and other actions and proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative 10 dispute resolutions procedures (including, but not limited to arbitrations, mediations, 11 and other such procedures), (collectively "Actions"), brought against the City, and/or any of its officials, officers, employees, agents, departments, agencies, and 12 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 13 officials, officers, employees, agents, departments, agencies, and instrumentalities 14 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 15 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 16 Records Act, or any other state, federal, or local statute, law, ordinance, rule, regulation, 17 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) 18 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 19 such proceeding whether incurred by applicant, Property owner, or the City and/or 20 other parties initiating or bringing such proceeding (collectively, subparts (i) and (i) are the "Damages"). Notwithstanding anything to the contrary contained herein, the 21 Applicant shall not be liable to the City Parties under this indemnity to the extent the 22 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 23 the Entitlements. The applicant shall execute an agreement to indemnity, protect, defend. and hold the City harmless as stated herein within five (5) days of approval of 24 CDP No. 2022-0002.
25 4. In accordance with the provisions of Government Code Section 66020(d)(1), the 26 abosition of fees, dedications, reservations or exaction for this Project, if anor ar Doroval or conditional approval of th
27 Project or within 90 days after the date of the imposition of the fees, dedications, reservations, or exactions imposed on the Project.
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1 5. The property owners) and building tenants shall always abide by all operational mitigation measures contained within the Mitigation Monitoring and Reporting Program 2 associated with the Environmental Impact Report (Environmental Assessment Review 3 No. 2020-0009) adopted for the Project.
4 6. The tenants within the buildings shall always conduct operations consistent with the environmental analysis contained within the Environmental Impact Report 5 (Environmental Assessment Review No. 2020-0009) adopted for the Project. 6 7. The applicant, landlord, and/or tenants) shall require all inbound truck traffic to access 7 the site via the Cedar Avenue, east on Merrill Avenue to Cactus Avenue, north on Cactus Avenue to Rialto Avenue, east on Rialto Avenue to Lilac Avenue, and then either north 8 on Lilac Avenue to the southerly driveway connected to Lilac Avenue or east on Rialto 9 Avenue to the driveway connected to Rialto Avenue. Inbound truck traffic shall not use Rialto Avenue west of Cactus Avenue to avoid passing by Rialto Middle School and 10 Werner Elementary School.
11 8. The applicant, landlord, and/or tenant(s) shall require all outbound truck traffic to exit the 12 site via either the southerly driveway connected to Lilac Avenue, or the driveway connected to Rialto Avenue. Trucks exiting the southerly driveway connected to Lilac 13 Avenue shall proceed southbound to Rialto Avenue, then westbound on Rialto Avenue to 14 Cactus Avenue, then southbound on Cactus Avenue to Merrill Avenue, and then westbound on Merrill Avenue to Cedar Avenue. Trucks exiting the driveway connected 15 to Rialto Avenue shall proceed westbound on Rialto Avenue to Cactus Avenue, then southbound on Cactus Avenue to Merrill Avenue, and then westbound on Merrill Avenue 16 to Cedar Avenue.
17 9. The applicant, landlord, operator(s) and/or tenants) shall ensure that outbound trucks do 18 not turn right out of the southerly driveway on Lilac Avenue at any time. Signage prohibiting the right-turn movement for trucks from this driveway shall be installed on the 19 north side of the driveway at least five (5) feet from the property line along Lilac Avenue 20 prior to the issuance of a Certificate of Occupancy. 21 10. The applicant, landlord, operators) and/or tenants) shall ensure that outbound trucks do not turn left out of the driveway on Rialto Avenue at any time. Signage prohibiting the 22 right-turn movement for trucks from this driveway shall be installed on the west side of 23 the driveway at least five (5) feet from the property line along Rialto Avenue prior to the issuance of a Certificate of Occupancy.
24 25 11. The Project shall be limited to a maximum of 310 actual passenger car trips and 208 actual truck trips daily, in accordance with Table 4-4: Project Trip Generation Summary of the 26 Traffic Analysis prepared for the Project by Urban Crossroads, Inc. and dated June 26, 2023, which is attached hereto as Exhibit B.
27 28 12. The applicant, landlord, operators) and/or tenants) shall ensure that all inbound truck traffic that requires temporary queuing or staging do so on-site. Inbound truck traffic shall -6-
1 not queue or stage on any public street at any time. Activities on-site shall not operate in such a manner that would impact traffic lanes, cause back up (queuing or staging) of 2 vehicles into the public-right-of-way, or create any unsafe conditions. Fire and Police 3 access and passage around trucks queuing or staging on-site shall be feasible at all times and activities shall not block parking areas, access or passage for disabled persons or 4 emergency response vehicles.
5 13. The applicant, landlord, operators) and/or tenants) shall only park or store trucks and 6 trailers within designated truck and trailer parking spaces within the truck court. No trucks or trailers shall be parked or stored within any public street or within any on-site drive- 7 aisles or passenger vehicle parking areas at any time. 8 14. The landlord and/or tenants) shall not store any product, goods, materials, etc. outside of 9 the building at any time, except for trucks, trailers, and vehicles associated with the operation(s) conducted within the building, without prior approval of a separate 10 Conditional Development Permit in accordance with Chapter 18.104 (Outdoor Storage 11 Uses) of the Rialto Municipal Code.
12 15. The privileges granted by the Planning Commission pursuant to approval of this Conditional Development Permit are valid for two (2) years from the effective date of 13 approval. If the applicant fails to commence the project within one year of said 14 effective date, this conditional development permit shall be null and void and any privileges granted hereunder shall terminate automatically. If the applicant or his or 15 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 16 as the property is used for the purpose for which the conditional development permit 17 was granted, and such use remains compatible with adjacent property uses. 18 16. Approval of CDP No. 2022-0002 will not become effective until the applicant has signed 19 a statement acknowledging awareness and acceptance of the required conditions of approval contained herein.
20 17. In the event, that any operation on the Site is found to be objectionable or incompatible 21 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 22 limited to, uses which are or have become offensive to neighboring property or the goals 23 and objectives of the Light Manufacturing (M-1) zoning district and/or the City's General Plan, the applicant shall address the issues within forty-eight (48) hours of being notified 24 by the City.
25 18. If the applicant fails to comply with any of the conditions of approval placed upon CDP 26 No. 2022-0002 or PPD No. 2022-0001, the Planning Commission may initiate proceedings to revoke the conditional development permit in accordance with the 27 provisions of Sections 18.66.070 through 18.66.090, inclusive, of the Rialto Municipal 28 Code. Conditional Development Permit No. 2022-0002 may be revoked, suspended or -7-
1 modified in accordance with Section 18.66.070 of the Zoning Ordinance at the discretion of the Planning Commission if:
2 3 a) The use for which such approval was granted has ceased to exist, been subsequently modified, or has been suspended for six (6) months or more; 4 b) Any of the express conditions or terms of such permit are violated; 5 6 The use for which such approval was granted becomes or is found to be objectionable or incompatible with the character of the City and its environs 7 due to excessive noise, excessive traffic, loitering, criminal activity or other undesirable characteristics including, but not strictly limited to uses which 8 are or have become offensive to neighboring property or the goals and objectives of the Light Manufacturing (M-1) zoning district and/or the City's General Plan.
10 11 SECTION 5. The Chairman of the Planning Commission shall sign the passage and 12 adoption of this resolution and thereupon the same shall take effect and be in force. 13 PASSED, APPROVED AND ADOPTED this 26th day of July, 2023. 14 15
16 JERRY GUTIERREZ, CHAIR
17 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. 2023-54 was duly passed and adopted at a regular meeting of the Planning 7 Commission of the City of Rialto held on the 26* day of July 2023.
Upon motion of Commissioner Dale Estvander, second by Commissioner Artist Gilbert, 9 foregoing Resolution No. 2023-54 was duly passed and adopted. 10 11 Vote on the motion:
12 AYES: 3 (Peukert, Estvander, Gilbert)
13 NOES: 2 (Gutierrez, Gonzalez)
14 ABSTENTION: 0
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 26 day of July 2023.
19 20
21 22 Kimberly Dame
Administrative Analyst
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25 26
27 28
1 RESOLUTION NO. 2023-55
2 A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF RIALTO, CALIFORNIA APPROVING PRECISE PLAN
3 OF DESIGN NO. 2022-0001 ALLOWING THE
4 REDEVELOPMENT OF AN EXISTING INDUSTRIAL SITE
COMPRISED OF 13.83 ACRES OF LAND (APN: 0130-191-09)
5 LOCATED AT THE NORTHEAST CORNER OF RIALTO
AVENUE AND LILAC AVENUE WITHIN THE LIGHT
6 MANUFACTURING (M-1) ZONE WITH A 299,730 SQUARE
7 FOOT INDUSTRIAL WAREHOUSE BUILDING AND
ASSOCIATED PAVING, LANDSCAPING, FENCING,
8 LIGHTING, AND DRAINAGE IMPROVEMENTS.
9 WHEREAS, the applicant, AIREF Rialto Commerce Center II, LP, proposes to redevelop 10 and reuse an existing industrial site comprised of 13.83 acres of land (APN: 0130-191-09) located at 11 the northeast corner of Rialto Avenue and Lilac Avenue within the Light Manufacturing (M-1) zone 12 ("Site") with a 299,730 square foot industrial warehouse building ("Project"); and 13 WHEREAS, the Project will consist of 6,000 square feet of office space on the ground 14 floor, 6,000 square feet of office space on the second floor, and 287,780 square feet of warehouse 15 space, thirty-eight (38) dock-high loading doors, which will be located on the south side of the 16 building, , concrete screen walls, an abundant amount of landscaping, and full pedestrian and 17 vehicle access; and
18 WHEREAS, Pursuant to Chapter 18.65 (Precise Plan of Design) of the Rialto Municipal 19 Code, the Project requires a Precise Plan of Design, and the applicant has agreed to apply for Precise 20 Plan of Design No. 2022-0001 ("PPD No. 2022-0001"); and 21 WHEREAS, in conjunction with the Project, the applicant has applied for Conditional 22 Development Permit No. 2022-0002 (CDP No. 2022-0002") to facilitate the development and 23 operation of a 299,780 square foot industrial commerce building on the Site; and 24 WHEREAS, on July 26, 2023, the Planning Commission of the City of Rialto conducted a 25 duly noticed public hearing, as required by law, on PPD No. 2022-0001 and CDP No. 2022-0002, 26 took testimony, at which time it received input from staff, the city attorney, and the applicant; 27 heard public testimony; discussed the proposed PPD No. 2022-0001 and CDP No. 2022-0002; and 28 closed the public hearing; and
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1 WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred. 2 NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Rialto 3 as follows:
4 SECTION 1. The Planning Commission hereby specifically finds that all of the facts set forth 5 in the recitals above of this Resolution are true and correct and incorporated herein. 6 SECTION 2. Based on substantial evidence presented to the Planning Commission during 7 the public hearing conducted with regard to PPD No. 2022-0001, including written staff reports, 8 verbal testimony, site plans, other documents, and the conditions of approval stated herein, the 9 Planning Commission hereby determines that PPD No. 2022-0001 satisfies the requirements of 10 Section 18.65.020E of the Rialto Municipal Code pertaining to the findings which must be made 11 precedent to granting a Precise Plan of Design. The findings are as follows:
12 The proposed development is in compliance with all city ordinances and regulations, unless in accordance with an approved variance; and
13 14 This finding is supported by the following facts:
15 The Site has a General Plan land use designation of Light Industrial and a zoning designation of Light Manufacturing (M-1). Those designations allow for the development 16 and operation of industrial warehouse buildings, as proposed by the Project. The Project, 17 as conditioned herein, will comply with all City ordinances and regulations, including those required by the M-1 zoning district and the City's Design Guidelines. Additionally, the 18 Project meets all the required development standards of the M-1 zoning district and Chapter 19 18.112 (Indoor Storage Facilities) of the Rialto Municipal Code including, but not limited to, required building setbacks, parking, landscaping, building height, floor area ratio, etc. 20 The site is physically suitable for the proposed development, and the proposed 21 development will be arranged, designed, constructed, and maintained so that it will 22 not be unreasonably detrimental or injurious to property, improvements, or the health, safety or general welfare of the general public in the vicinity, or otherwise be 23 inharmonious with the city's general plan and its objectives, zoning ordinances or any applicable specific plan and its objectives; and
24 25 This finding is supported by the following facts:
26 The Site is 13.83 acres in size, bound by two (2) public streets (Rialto Avenue to the south and Lilac Avenue to the west), and is within the Light Manufacturing (M-1) zoning district. 27 To the north of the project site is a segment of the Pacitic Electric Railway line, and furthe o north. on the other side of the Pacific Electric Railway line, is Bud Bender Park an 28 Rialto Park Cemetery. To the east of the project site is the Rialto Police Station, to the -2-
south, across Rialto Avenue, are various industrial developments and uses, and to the west, across Lilac Avenue, are additional various industrial developments and uses. The zoning 2 designation of the Site and the properties to the east, south, and west is M-2, and the zoning 3 designation of the property to the north is Transportation Corridor (T-C). The Project is consistent with the Light Manufacturing (M-1) zoning district and the industrial uses to the 4 south and west of the Site. The nearest sensitive uses are the Bud Bender Park and Rialto Park Cemetery located approximately 70 feet to the north of the project site and existing 5 single-family residences located approximately 110 feet to the northwest of the project site. 6 The project is not expected to negatively impact any surrounding uses with the successful implementation of measures such as the placement of the truck court on the south side of 7 the building, the installation of solid screen walls around the truck court, the installation of landscape planters around the perimeter of the building and the Site, and other traffic 8 related measures.
9 The proposed development will not unreasonably interfere with the use or enjoyment 10 of neighboring property rights or endanger the peace, health, safety or welfare of the 11 general public; and
12 This finding is supported by the following facts:
13 The Project's effects will be minimized through the implementation of the Conditions of 14 Approval contained herein, such as extensive landscaping, concrete screen walls, and enhanced architectural features. To the north of the project site is a segment of the Pacific 15 Electric Railway line, and further to north, on the other side of the Pacific Electric Railway line, is Bud Bender Park and Rialto Park Cemetery. To the east of the project site is the Rialto 16 Police Station, to the south, across Rialto Avenue, are various industrial developments and 17 uses, and to the west, across Lilac Avenue, are additional various industrial developments and uses. The zoning designation of the Site and the properties to the east, south, and west is M- 18 2, and the zoning designation of the property to the north is Transportation Corridor (T-C).
The Project is consistent with the Light Manufacturing (M-1) zoning district and the industrial 19 uses to the south and west of the Site. The nearest sensitive uses are the Bud Bender Park and 20 Rialto Park Cemetery located approximately 70 feet to the north of the project site and existing single-family residences located approximately 110 feet to the northwest of the project site. 21 The project is not expected to negatively impact any surrounding uses with the successful implementation of measures such as the placement of the truck court on the south side of the 22 building, the installation of solid screen walls around the truck court, the installation of 23 landscape planters around the perimeter of the building and the Site, and other traffic related measures.
24 25 The proposed development will not substantially interfere with the orderly or planned development of the City of Rialto.
26 This finding is supported by the following facts:
27 28 The Project is consistent with the underlying Light Manufacturing (M-1) zoning designation and is a logical addition to the existing industrial developments surrounding the Site. The -3-
1 design of the 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 2 ensure compliance with all health, safety, and design requirements to ensure the Project will 3 enhance the infrastructure and aesthetics of the local community. 4 SECTION 3. An Initial Study (Environmental Assessment Review No. 2022-0009) has been 5 prepared for PPD No. 2022-0001 in accordance with the California Environmental Quality Act 6 (CEQA). Based on the findings within the Initial Study, staff determined that the project will not 7 have an adverse impact on the environment and a Mitigated Negative Declaration was prepared. The 8 local newspaper published a copy of the Notice of Intent to adopt the Mitigated Negative Declaration 9 for the project, and the City mailed the notice to all property owners within 1,000 feet of the project 10 site for a public comment period held from May 15, 2023 to June 13, 2023. The Planning 11 Commission directs the Planning Division to file the necessary documentation with the Clerk of the 12 13 Board of Supervisors for San Bernardino County.
14 SECTION 4. PPD No. 2022-0001 is granted AIREF Rialto Commerce Center II, LP in 15 accordance with the plans and application on file with the Planning Division, subject to the following 16 Conditions of Approval:
17 The applicant is granted PPD No. 2022-0001 allowing the development of a 299,780 18 square foot industrial warehouse building and associated paving, landscaping, fencing. lighting, and drainage improvements on 13.83 acres of land (APN: 0130-191-09) 19 located at the northeast corner of the Rialto Avenue and Lilac Avenue within the Light Manufacturing (M-1)) zoning district, subject to the Conditions of Approval contained 20 herein.
21 The approval of PPD No. 2022-0001 is granted for a two (2) year period from the date 22 of approval. Approval of PPD No. 2022-0001 will not become effective until the applicant has signed a Statement of Acceptance acknowledging awareness and 23 acceptance of the required Conditions of Approval contained herein. Any request for 24 an extension shall be reviewed by the Community Development Director and shall be based on the progress that has taken place toward the development of the project. 25 The development associated with PPD No. 2022-0001 shall conform to the site plan, 26 fencing plan, floor plan, elevations, conceptual grading and utility plan, and preliminary 27 bade can the Contains of pas Excitain except as may be required to be modified 28 -4-
1 The development associated with PPD No. 2022-0001 shall comply with all Conditions of Approval contained within CDP No. 2022-0002.
2 3 edes open also ate pal Cod and al other a fial costaly aid all paris bie 4 ordinances.
5 6. City inspectors shall have access to the site to reasonably inspect the site during 6 normal working hours to assure compliance with these conditions and other codes. 7 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 8 instrumentalities thereof (collectively, the "City Parties"), from any and all claims, 9 demands, law suits, writs of mandamus, and other actions and proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative 10 dispute resolutions procedures (including, but not limited to arbitrations, mediations, and other such procedures), (collectively "Actions"), brought against the City, and/or 11 any of its officials, officers, employees, agents, departments, agencies, and 12 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 13 its officials, officers, employees, agents, departments, agencies, and instrumentalities 14 thereof (including actions approved by the voters of the City), for or concerning the Project (collectively, the "Entitlements"), whether such Actions are brought under 15 the California Environmental Quality Act, the Planning and Zoning Law, the Subdivision Map Act, Code of Civil Procedure Chapter 1085 or 1094.5, the 16 California Public Records Act, or any other state, federal, or local statute, law, 17 ordinance, rule, regulation, or any decision of a court of competent jurisdiction. This condition to indemnify, protect, defend, and hold the City harmless shall include, but 18 not be limited to (i) damages, fees and/or costs awarded against the City, if any, and (ii) cost of suit, attorneys' fees and other costs, liabilities and expenses incurred in 19 connection with such proceeding whether incurred by applicant, Property owner, or 20 the City and/or other parties initiating or bringing such proceeding (collectively, subparts (i) and (ii) are the "Damages"). Notwithstanding anything to the contrary 21 contained herein, the Applicant shall not be liable to the City Parties under this indemnity to the extent the Damages incurred by any of the City Parties in such 22 Action(s) are a result of the City Parties' fraud, intentional misconduct or gross 23 negligence in connection with issuing the Entitlements. The applicant shall execute an agreement to indemnify, protect, defend, and hold the City harmless as stated 24 herein within five (5) days of approval of PPD No. 2022-0001. 25 8. In accordance with the provisions of Government Code Section 66020(d)(1), the 26 imposition of fees, dedications, reservations, or exactions for this Project, if any, are subject to protest by the applicant at the time of approval or conditional approval of 27 the Project or within 90 days after the date of the imposition of the fees, dedications, 28 -5-
1 The applicant shall pay a public facility improvement contribution in the amount of $1,634,045 to the City of Rialto for public facility transportation infrastructure and 2 public safety improvements, prior to the issuance of a building permit. Additionally, 3 the applicant shall have no obligation to construct future Pacific Electric Trail improvements.
4 10. In accordance with Section 18.112.050E(5) of the Rialto Municipal Code, the applicant 5 shall provide a berm/slope along the south side of the truck court screen wall to reduce the visible height of the wall as seen from Rialto Avenue. Additionally, the berm/slope shall have a height of six (6) feet as measured from the finished surface of the truck 7 court, but the slope shall not exceed a ratio of 4:1. The berm/slope shall be identified on the Precise Grading Plan, prior to the issuance of a building permit. 8 9 11. The applicant shall install decorative pavement within each driveway connected to Lilac Avenue. The decorative pavement shall extend across the entire width of each driveway 10 and shall have a minimum depth of fifteen (15) feet as measured from the property line 11 along Lilac Avenue. Decorative pavement means decorative pavers and/or color concrete with patterns and color variety. The location of the decorative pavement shall 12 be identified on the Precise Grading Plan prior to the issuance of a grading permit.
Additionally, the location and type of decorative pavement shall be identified on the 13 formal Landscape Plan submittal, and other on-site improvement plans, prior to the 14 issuance of building permits.
15 12. The applicant shall install decorative pavement within the driveway connected to Rialto Avenue. The decorative pavement shall extend across the entire width of the driveway 16 and shall have a minimum depth of twenty-five (25) feet as measured from the property 17 line along Lilac Avenue. Decorative pavement means decorative pavers and/or color concrete with patterns and color variety. The location of the decorative pavement shall 18 be identified on the Precise Grading Plan prior to the issuance of a grading permit.
Additionally, the location and type of decorative pavement shall be identified on the 19 formal Landscape Plan submittal, and other on-site improvement plans, prior to the 20 issuance of building permits.
21 13. In order to provide enhanced building design in accordance with Chapter 18.61 (Design 22 Guidelines) of the Rialto Municipal Code, the applicant shall route all drainage downspouts through the interior of the building, except those on the east side of the 23 building. The internal downspouts shall be identified within the formal building plan check submittal prior to the issuance of building permits. 24 14. In order to provide enhanced building design in accordance with Chapter 18.61 (Design 25 Guidelines) of the Rialto Municipal Code, the applicant shall construct parapet returns, 26 at least three (3) feet in depth from the recessed wall planes, at all height variations on all four (4) sides of the building. The parapet returns shall be demonstrated on the roof 27 plans within the formal building plan check submittal prior to the issuance of building 28 permits.
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1 15. 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 2 access only for the building. The internal roof access shall be identified within the 3 formal building plan check submittal prior to the issuance of building permits. 4 16. Any new walls, including any retaining walls, shall be comprised of decorative masonry block or decorative concrete. Decorative masonry block means tan-colored slumpstone 5 block, tan-colored split-face block, or precision block with a stucco, plaster, or cultured 6 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 7 right-of-way. The pilasters shall be spaced a maximum of fifty (50) feet on-center and 8 shall be placed at all corners and ends of the wall. All pilasters shall protrude a minimum of six (6) inches above and to the side of the wall. All decorative masonry walls and 9 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 10 elevation detail for the walls shall be included in the formal building plan check 11 submittal prior to the issuance of building permits. 12 17. 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 shall be included in 13 the formal building plan check submittal prior to the issuance of building permits. 14 18. All light standards installed on site, shall have a maximum height of twenty-five (25) 15 feet, as measured from the finished surface, including the base. Lighting shall be shielded and/or directed toward the site so as not to produce direct glare or "stray light" 16 onto adjacent properties. All light standards shall be identified on the site plan and a 17 note indicating the height restriction shall be included within the formal building plan check submittal prior to the issuance of building permits. 18 19. The applicant shall submit a formal Landscape Plan to the Planning Division prior to 19 the issuance of building permits. The submittal shall include three (3) sets of planting 20 and irrigation plans, a completed Landscape Plan Review application, and the applicable review fee.
21 20. The applicant shall plant one (1) tree every three (3) parking spaces. All parking lot 22 trees shall be a minimum of fifteen (15) gallons in size, upon initial planting. Thereafter, 23 the parking lot trees shall be permanently irrigated and maintained. All parking lot tree species shall consist of evergreen broadleaf trees. The trees shall be identified on the 24 formal Landscape Plan submittal prior to the issuance of a landscape permit. 25 21. The applicant shall plant one (1) tree every thirty (30) feet on-center within the on-site 26 landscape setbacks along Rialto Avenue and Lilac Avenue. All trees within the landscape setback shall be a minimum of twenty-four (24) inch box in size, upon initial 27 planting. Thereafter, the trees within the landscape setback shall be permanently 28 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 remaining -7-
1 percentage may consist of broadleaf deciduous trees and/or palm trees. The trees shall be identified on the formal Landscape Plan submittal prior to the issuance of a landscape 2 permit.
3 22. The applicant shall plant one (1) tree every thirty (30) feet on-center within the public 4 right-of-way parkway along Rialto 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. 5 Thereafter, the trees within the public right-of-way parking shall be permanently 6 irrigated and maintained, as required by the Public Works Department. The street tree species along Rialto Avenue shall be the Quercus Ilex "Holly Oak" and/or the Pistachia 7 Chinensis "Chinese Pistache". The street trees shall be identified on the formal Landscape Plan submittal prior to the issuance of a landscape permit. 8 The applicant shall plant one (1) tree every thirty (30) feet on-center within the public right-of-way parkway along Lilac Avenue. All trees within the public right-of-way 10 parkway shall be a minimum of twenty-four (24) inch box in size, upon initial planting. 11 Thereafter, the trees within the public right-of-way parking shall be permanently irrigated and maintained, as required by the Public Works Department. The street tree 12 species along Lilac Avenue shall be the Robinia Idahoensis "Idaho Locust" and/or the Pistachia Chinensis "Chinese Pistache". The street trees shall be identified on the formal 13 Landscape Plan submittal prior to the issuance of a landscape permit. 14 24. The applicant shall plant shrubs that surround all ground mounted equipment and utility 15 boxes, including transformers, fire-department connections, backflow devices, etc. for the purpose of providing screening of said equipment and utility boxes. All equipment 16 and utility box screen shrubs shall be a minimum of five (5) gallons in size upon initial 17 planting, and the shrubs shall be spaced no more than three (3) feet on-center.
Thereafter, the equipment and utility box screen shrubs shall be permanently irrigated 18 and maintained into a continuous box-shape with a height of no less than three and one- half (3.5) feet above the finished grade. The shrubs shall be identified on the formal 19 Landscape Plan submittal prior to the issuance of a landscape permit. 20 25. The applicant shall plant trees, shrubs, and groundcover throughout all land on-site and 21 off-site (adjacent to the project site) that is not covered by structures, walkways, parking areas, and driveways, as approved by the Planning Division. Trees shall be planted a 22 minimum of thirty (30) feet on-center, and all shrubs and groundcover shall be planted 23 an average of three (3) feet on-center or less, or as approved by the Planning Division.
All trees shall be minimum of fifteen (15) gallons in size upon initial planting, unless 24 otherwise specified herein. At least fifty (50) percent of the trees shall consist of evergreen broadleaf trees, while the remaining percentage may consist of broadleat 25 deciduous trees and/or palm trees. All shrubs shall be a minimum of one (1) gallon in 26 size, unless otherwise specified herein. All planter areas shall receive a minimum two (2) inch thick layer of brown bark, organic mulch, and/or decorative rock upon initial 27 planting. Pea gravel and decomposed granite are not acceptable materials to use within planter areas. All planter areas on-site shall be permanently irrigated and maintained. 28 -8-
1 The planting and irrigation shall be identified on the formal Landscape Plan submittal prior to the issuance of a landscape permit.
2 3 26. 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 4 installation of the planting and irrigation shall be certified in writing by the landscape architect responsible for preparing the landscape plans prior to the issuance of a 5 Certificate of Occupancy.
6 27. 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. 8 28. All non-glass doors shall be painted to match the color of the adjacent wall prior to the 9 issuance of a Certificate of Occupancy.
10 29. The applicant shall comply with all conditions of approval for PPD No. 2022-0001 to 11 the satisfaction of the City Engineer, prior to the issuance of a Certificate of Occupancy. 12 30. 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 31. The applicant shall apply for Special District Annexation for the public street lighting 15 and the public landscape and irrigation, including applicable easement areas, parkway areas, and raised medians along the property frontage, as determined by the City 16 Engineer, prior to the issuance of the Grading/On-site Construction Permit. 17 32. A City of Rialto Off-site Construction Permit is required for any improvements within 18 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 19 traffic control plan which includes all phases of construction in the public right-of-way 20 i.e. sewer, water, overhead, underground, etc. prior to the issuance of Off-Site Construction Permit/Encroachment Permit. Note, in an effort to simplity the permitting 21 process, a single master Off-Site Construction Permit shall replace individual Encroachment Permits to be pulled by the applicant's contractor. 22 23 33. The applicant shall apply for annexation of the underlying property into City of Rialto Landscape and Lighting Maintenance District No. 2 ("LLMD 2"). An application fee 24 of $5,000 shall be paid at the time of application. Annexation into LLMD 2 is a condition of acceptance of any new median, landscape easement, and/or parkway 25 landscaping in the public right-of-way, or any new public street lighting improvements 26 conditioned on the project and to be maintained by the City of Rialto post construction.
The developer must apply and complete the LLMD2 annexation process prior to issuance of a Certificate of Occupancy. As an alternative to the City maintaining parkway landscaping adjacent to the commercial property via the City's Landscape and 28 Lighting Maintenance District No. 2 ("LLMD 2'), the developer may enter into an -9-
1 agreement with the City to assume responsibility for maintenance of all public parkway landscaping. The agreement will stipulate that the property's annexation into LLMD 2 2 will occur, but with assessments deferred and set to $O during such time as the public 3 parkway landscaping is adequately maintained to the City's satisfaction. The developer's failure to adequately maintain all public parkway landscaping will require 4 the City to assume such responsibility, and to commence levying of assessments against the property via LLMD 2 to recover the City's costs.
5 6 34. The applicant shall submit off-site landscaping and irrigation system improvement plans for review and approval at the time of first (15) public improvement plan submittal to 7 the Public Works 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 8 and annexed into a Special District. The off-site landscape and irrigation plans must 9 show separate water lateral, electrical meter, and water meter to be annexed into the Landscape and Lighting Maintenance District No. 2 via a City Council Public Hearing. 10 The landscape and irrigation plans shall be approved concurrently with the street 11 improvement plans, including the median portion, prior to issuance of a building permit.
The landscaping architect must contact the City of Rialto Landscape Contract Specialist 12 at (909) 820-2602 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 13 installed at or near street intersections or within a raised median to avoid burdensome 14 traffic control set-up during ongoing maintenance.
15 35. If the property is accepted in the LLMD, the applicant shall guarantee all new parkway landscaping irrigation for a period of one (1) year from the date of the City Engineer 16 acceptance. Any landscaping that fails during the one-year landscape maintenance 17 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 18 The applicant must contact the City of Rialto Landscape Contract Specialist at (909) 820-2602 to confirm a full twelve (12) months' time of non-interrupted ongoing 19 maintenance.
20 36. The applicant shall install City Engineer approved deep root barriers, in accordance with 21 the Public Works Landscape and Irrigation Guidelines, for all trees installed within ten (10) feet of the public sidewalk and/or curb.
22 23 37. All new streetlights shall be installed on an independently metered, City-owned underground electrical system. Using power from an existing LMMD 2 pedestal is 24 encouraged over installing a new pedestal. The developer shall be responsible for applying with Southern California Edison (SCE) for all appropriate service points and 25 electrical meters early in the design process to avoid delays in other key milestones. 26 New meter pedestals shall be installed, and electrical service paid by the developer. The City shall not pay the charges for electrical service until the landscape and irrigation is 27 accepted after the one-year maintenance period and the underlying property is annexed into LLMD 2.
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1 38. If and where deficiencies in the existing system occur, the applicant shall construct a new underground electrical system for public street lighting improvements along the 2 project frontages of Rialto Avenue and Lilac Avenue, as determined necessary by the 3 City Engineer. New marbelite streetlight poles with LED light fixtures shall be installed in accordance with City of Rialto Standard Drawings, as determined necessary by the 4 City Engineer.
5 39. The applicant is responsible for requesting any addresses needed for any building(s), 6 electrical pedestal(s), and/or irrigation meter pedestal(s). The main building address shall be included on Precise Grading Plans and Building Plan set along with the PPD 7 number. The electrical meter pedestal addresses (single or dual) shall be included in the 8 public improvement plans.
40. The applicant shall submit street improvement plans by a registered California civil engineer to the Engineering Services Department for review. The plans shall be 10 approved by the City Engineer prior to the issuance of an off-site construction permit or 11 building permits, whichever occurs first.
12 41. The applicant shall submit streetlight improvement plans by a registered California civil engineer to the Engineering Services Department for review. The plans shall be 13 approved by the City Engineer prior to the issuance of an off-site construction permit or 14 building permits, whichever occurs first.
15 The applicant shall submit sewer improvement plans for public sewer main(s) by a registered California civil engineer to the Engineering Services Department for review. 16 The plans shall be approved by the City Engineer prior to the issuance of an off-site 17 construction permit or building permits, whichever occurs first. 18 43. The applicant shall submit traffic striping and signage improvement plans prepared by a registered California civil engineer or registered California traffic Engineer to the 19 Engineering Services Department for review. The plans shall be approved by the City 20 Engineer prior to the issuance of an off-site construction permit or building permits, whichever occurs first.
21 44. The applicant shall submit copies of approved water improvement plans prepared by a 22 registered California civil engineer to the Engineering Services Department for record 23 purposes. The plans shall be approved by Rialto Water Services, the water purveyor, prior to the issuance of an off-site construction permit or building permits, whichever 24 occurs first.
25 45. The applicant shall submit a Precise Grading/Paving Plan prepared by a California 26 registered civil engineer to the Engineering Services Department for review and approval. The Grading Plan shall be approved by the City Engineer prior to the issuance of an off-site construction permit or building permits, whichever occurs first. 28 -11-
1 46. 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 2 plan for the proposed development. A copy of the Geotechnical/Soils Report shall be 3 submitted to the Engineering Services Department with the first submittal of the Precise Grading Plan.
4 47. The applicant shall provide a rough grade (pad) certification, engineered-fill 5 certification, and compaction report for all building pads, in conformance with the 6 approved Precise Grading Plan, to the Engineering Division prior to construction of any building foundation and prior to the issuance of a building permit.
48. The public street improvements outlined in these Conditions of Approval are intended 8 to convey to the developer an accurate scope of required improvements, however, the 9 City Engineer reserves the right to require reasonable additional improvements as may ›e determined in the course of the review and approval of street improvement plans 10 required by these conditions.
11 49. The applicant shall construct asphalt concrete paving for streets in two separate lifts. 12 The final lift of asphalt concrete pavement shall be postponed until such time that on- site construction activities are complete. Unless the City Engineer provide prior 13 authorization, paving of streets in one lift prior to completion of on-site construction is 14 not allowed. If City Engineer authorized, completion of asphalt concrete paving for streets prior to completion of on-site construction activities, requires additional paving 15 requirements prior to acceptance of the street improvements, including, but not limited to: removal and replacement of damaged asphalt concrete pavement, overlay, slurry 16 seal, or other repairs.
17 50. The applicant shall repair all street cuts for utilities in accordance with City Standard 18 SC-231 within 72 hours of completion of the utility work; and any interim trench repairs shall consist of compacted backfill to the bottom of the pavement structural section 19 followed by placement of standard base course material in accordance with the Standard 20 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 21 pavement surface and provide a smooth pavement surface until permanent cap paving occurs using an acceptable surface course material.
22 23 51. In accordance with City Ordinance No. 1589, adopted to preserve newly paved streets, any and all street and/or trench cuts in newly paved streets will be subject to moratorium 24 street repair standards as reference in Section 11.04.145 of the Rialto Municipal Code.
Contact the Engineering Division for a list of streets subject to the moratorium. 25 26 52. The applicant shall backfill and/or repair all utility trenches or other excavations within existing asphalt concrete pavement of off-site streets resulting from the proposed 27 development, in accordance with City of Rialto Standard Drawings. The applicant shall 28 be responsible for removing, grinding, paving and/or overlaying existing asphalt concrete pavement of off-site streets including pavement repairs in addition to pavement -12-
1 repairs made by utility companies for utilities installed for the benefit of the proposed development (i.e. Rialto Water Services, Southern California Edison, Southern 2 California Gas Company, Spectrum, Verizon, etc.). Multiple excavations, trenches, and 3 other street cuts within existing asphalt concrete pavement of off-site streets resulting from the proposed development may require complete grinding and asphalt concrete 4 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 5 to or better than what existed prior to construction of the proposed development. 6 53. In accordance with Chapter 15.32 of the City of Rialto Municipal Code, all existing and 7 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 8 lines, which are on-site, abutting, and/or transecting, shall be installed underground prior 9 to the issuance of a Certificate of Occupancy. Utility undergrounding shall extend to the nearest off-site power pole. This may require undergrounding beyond the project 10 limits to prevent any existing poles to remain or new poles to be placed for guy wire 11 purposes along the project frontage. New power poles shall not be installed unless otherwise approved by the City Engineer. A letter from the owners of the affected 12 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 City's utility undergrounding 13 requirement and their intent to commence design of utility undergrounding plans. When 14 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 undergrounded. 15 54. The applicant shall replace all damaged, destroyed, or modified pavement legends, 16 traffic control devices, signing, striping, and streetlights, associated with the proposed 17 development shall be replaced as required by the City Engineer prior to issuance of a Certificate of Occupancy.
18 55. The applicant shall reconstruct any broken, chipped, or unsatisfactory sidewalks or 19 curbs along the entire project frontage, in accordance with the General Plan and the City 20 of Rialto Standard Drawings, as required by the City Engineer, prior to the issuance of a Certificate of Occupancy.
21 56. The applicant shall provide construction signage, lighting and barricading shall be 22 provided during all phases of construction as required by City Standards or as directed 23 by the City Engineer. As a minimum, all construction signing, lighting and barricading shall be in accordance with Part 6 "Temporary Traffic Control" of the 2014 California 24 Manual on Uniform Traffic Control Devices, or subsequent editions in force at the time of construction.
25 26 57. Upon approval of any improvement plan by the City Engineer, the applicant shall provide the improvement plan to the City in digital format, consisting of a DWG 27 (AutoCAD drawing file), DXF (AutoCAD ASCII drawing exchange file), and PDF (Adobe Acrobat) formats. Variation of the type and format of the digital data to be 28 submitted to the City may be authorized, upon prior approval by the City Engineer. -13-
1 The applicant shall construct 4-inch conduit within the parkway area along the entire 2 project frontages of Rialto Avenue and Lilac Avenue for future use, prior to the issuance 3 of a Certificate of Occupancy.
4 59. The applicant shall dedicate additional right-of-way along the entire frontage of Rialto Avenue, as necessary, to provide the ultimate half-width of 60 feet, as required by the 5 City Engineer.
6 60. The applicant shall dedicate additional right-of-way along the entire frontage of Lilac Avenue, as necessary, to provide the ultimate half-width of 32 feet, as required by the City Engineer.
8 9 61. The applicant shall dedicate additional right-of-way as may be required to provide a property line corner cutback at the northeast corner of the intersection of Rialto Avenue 10 and Lilac Avenue, in accordance with City Standard SC-235, as required by the City 11 Engineer.
12 62. The applicant shall construct an 8-inch curb and gutter along the entire frontage of Cedar Avenue 48 feet north of centerline in accordance with City of Rialto Standard Drawings 13 and the General Plan or applicable Specific Plan, prior to the issuance of a Certificate 14 of Occupancy. This condition may be deferred subject to the approval of a Deferral Agreement by the City Manager to pay in-lieu cash equivalent of this future 15 improvement.
16 63. The applicant shall construct an 8-inch curb and gutter along the entire frontage of Lilac 17 Avenue twenty (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 18 Certificate of Occupancy. Alternatively, the applicant shall preserve, and repair as determined necessary by the City Engineer, the existing curb and gutter along the entire 19 frontage of Lilac Avenue should the City Engineer determine them to be in the ultimate 20 location.
21 The applicant shall construct a 5-foot-wide Americans with Disabilities Act (ADA) and California Building Code (CBC) compliant sidewalk seven (7) feet behind the edge of 22 the curb along the entire project frontage of Rialto Avenue, in accordance with City of 23 Rialto Standard Drawings, prior to the issuance of a Certificate of Occupancy.
Alternatively, the applicant shall preserve and repair, as determined necessary by the 24 City Engineer, the existing sidewalk along the entire frontage of Rialto Avenue should 25 the City Engineer determine it to be in compliance with ADA and CBC. 26 65. The applicant shall construct a 5-foot-wide Americans with Disabilities Act (ADA) and California Building Code (CBC) compliant sidewalk seven (7) feet behind the edge of 27 the curb along the entire project frontage of Lilac Avenue, in accordance with City of 28 Rialto Standard Drawings, prior to the issuance of a Certificate of Occupancy.
Alternatively, the applicant shall preserve and repair, as determined necessary by the -14-
1 City Engineer, the existing sidewalk along the entire frontage of Lilac Avenue should the City Engineer determine it to be in compliance with ADA and CBC. 2 3 66. The applicant shall construct one (1) new thirty-two (32) foot wide commercial driveway approach on the north end of the Lilac Avenue frontage, as shown on the plans 4 attached as Exhibit A, in accordance with City of Rialto Standard Drawings, or as otherwise approved by the City Engineer. The driveway approach shall be constructed 5 so the top of "X" is at least 5 feet from the property line, or as otherwise approved by 6 the City Engineer. Nothing 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 7 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 8 the public sidewalk. Install a stop sign on the westbound approach and accommodate a 9 left turn lane. This driveway shall be restricted to access for passenger cars only. 10 67. The applicant shall construct one (1) new thirty-two (32) foot wide commercial 11 driveway approach in the center of the Lilac Avenue frontage, as shown on the plans attached as Exhibit A, in accordance with City of Rialto Standard Drawings, or as 12 otherwise approved by the City Engineer. The driveway approach shall be constructed so the top of "X" is at least 5 feet from the property line, or as otherwise approved by 13 the City Engineer. Nothing shall be constructed or planted in the corner cut-off area 14 which does exceed or will exceed 30 inches in height in order to maintain an appropriate corner sight distance, as required by the City Engineer. If necessary, additional right of 15 way shall be dedicated on-site to construct a path of travel meeting ADA guidelines for the public sidewalk. Install a stop sign on the westbound approach and accommodate a 16 left turn lane. This driveway shall be restricted to access for passenger cars only. 17 68. The applicant shall construct one (1) new fifty (50) foot wide commercial driveway 18 approach on the south end of the Lilac Avenue frontage, as shown on the plans attached as Exhibit A, in accordance with City of Rialto Standard Drawings, or as otherwise 19 approved by the City Engineer. The driveway approach shall be constructed so the top 20 of "X" is at least 5 feet from the property line, or as otherwise approved by the City Engineer. Nothing shall be constructed or planted in the corner cut-off area which does 21 exceed or will exceed 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 22 shall be dedicated on-site to construct a path of travel meeting ADA guidelines for the 23 public sidewalk. Install a stop sign on the westbound approach and accommodate a left turn lane. This driveway will full access for passenger vehicles and right-in/left-out 24 access only for trucks.
25 69. The applicant shall construct one (1) new fifty (50) foot wide commercial driveway 26 approach on the east end of the Rialto Avenue frontage, as shown on the plans attached as Exhibit A, in accordance with City of Rialto Standard Drawings, or as otherwise 27 approved by the City Engineer. The driveway approach shall be constructed so the top 28 of "X" is at least 5 feet from the property line, or as otherwise approved by the City Engineer. Nothing shall be constructed or planted in the corner cut-off area which does -15-
1 exceed or will exceed 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 2 shall be dedicated on-site to construct a path of travel meeting ADA guidelines for the 3 public sidewalk. Install a stop sign on the southbound approach and accommodate a left turn lane. This driveway will full access for passenger vehicles and left-in/right-out 4 access only for trucks.
5 70. The applicant shall construct a curb ramp that meets current California State 6 Accessibility standards at the northeast corner of the intersection of Rialto Avenue and Lilac Avenue, in accordance with the City of Rialto Standard Drawings, prior to the 7 issuance of a Certificate of Occupancy. The developer shall ensure that an appropriate path of travel, meeting ADA guidelines, is provided across the westerly driveway, and 8 shall 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 easements shall be provided on-site to construct a path of travel meeting ADA 10 guidelines.
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71. The applicant shall construct curb ramps that meet current California State Accessibility 12 standards at both the northeast and southeast corners of the intersections of Lilac Avenue and the proposed driveways connected to Lilac Avenue, in accordance with the City of 13 Rialto Standard Drawings, prior to the issuance of a Certificate of Occupancy. The 14 developer shall ensure that an appropriate path of travel, meeting ADA guidelines, is provided across the easterly driveway, and shall adjust the location of the access ramps, 15 if necessary, to meet ADA guidelines, subject to the approval of the City Engineer. If necessary, additional pedestrian and sidewalk easements shall be provided on-site to 16 construct a path of travel meeting ADA guidelines.
17 72. The applicant shall construct curb ramps that meet current California State Accessibility 18 standards at both the northeast and northwest corners of the intersection of Rialto 19 Avenue and the proposed driveway connected to Rialto Avenue, in accordance with the City of Rialto Standard Drawings, prior to the issuance of a Certificate of Occupancy. 20 The developer shall ensure that an appropriate path of travel, meeting ADA guidelines, is provided across the easterly driveway, and shall adjust the location of the access 21 Imps, if necessary, to meet ADA guidelines, subject to the approval of the City 22 on-site to construct a path of travel meeting ADA guidelines. 23 73. The applicant shall install "No Stopping Anytime" R26A(S)(CA) signage along the 24 entire project frontages of Rialto Avenue and Lilac Avenue, as required by the City Engineer, prior to the issuance of a Certificate of Occupancy. 25 26 Lilac Avenue - The applicant shall remove existing pavement and construct new pavement with a minimum pavement section of 5 inches asphalt concrete pavement 27 over 6 inches crushed aggregate base with a minimum subgrade of 24 inches at 95% relative compaction, or equal, for the entire street full-width along the project frontage 28 in accordance with City of Rialto Standard Drawings. The pavement section shall be -16-
1 determined using a Traffic Index ("TI") of 10. The pavement section shall be designed by a California registered Geotechnical Engineer using "R" values from existing 2 pavement core samples and submitted to the City Engineer for approval. Alternatively, 3 depending on the existing street condition (i.e. core samples) and as approved by the City Engineer, a street grind and overlay can be performed to preserve existing 4 pavement improvements.
5 75. Rialto Avenue - The applicant shall remove existing pavement and construct new 6 pavement with a minimum pavement section of 5 inches asphalt concrete pavement over 6 inches crushed aggregate base with a minimum subgrade of 24 inches at 95% 7 relative compaction, or equal, for the entire street half-width plus eastbound lane along the project frontage in accordance with City of Rialto Standard Drawings. The 8 pavement section shall be determined using a Traffic Index ("TI") of 10. The pavement 9 section shall be designed by a California registered Geotechnical Engineer using "R" values from the existing pavement core samples and submitted to the City Engineer for 10 approval. Alternatively, depending on the existing street condition (i.e. core samples) 11 and as approved by the City Engineer, a street grind and overlay can be performed to preserve existing pavement improvements.
12 76. The minimum pavement section for all on-site pavements shall be 2½ inches asphalt 13 concrete pavement over 4 inches crushed aggregate base with a minimum subgrade of 14 24 inches at 95% relative compaction, or equal. If an alternative pavement section is proposed, the proposed pavement section shall be designed by a California registered 15 Geotechnical Engineer using "R" values from the project site and submitted to the City Engineer for approval.
16 17 77. The applicant shall connect the project to the City of Rialto sewer system and apply for a sewer connection account with Rialto Water Services.
18 The applicant is advised that domestic water service is provided by Rialto Water 19 Services. The developer shall be responsible for coordinating with Rialto Water 20 Services and complying with all requirements for establishing domestic water service to the property.
21 The applicant shall install a new domestic water line lateral connection to the main water 22 line within Rialto Avenue, pursuant to the Rialto Water Services requirements. A water 23 line plan shall be approved by Rialto Water Services prior to the issuance of building permits.
24 80. The applicant shall provide certification from Rialto Water Services that demonstrates 25 that all water and/or wastewater service accounts for the project are documented, prior 26 to the issuance of a Certificate of Occupancy or final inspection approval from the Engineering Services Department.
27 81. Any sewer mains constructed by the applicant, as necessary, are to become part of the 28 public sewer system and shall be pressure tested and digitally video recorded by the -17-
1 City's wastewater system operator (Veolia) prior to acceptance of the sewer system for maintenance by the City. The developer shall be responsible for all costs associated with 2 testing and inspection services. Any defects of the sewer main shall be removed, 3 replaced, or repaired to the satisfaction of the City Engineer prior to acceptance. 4 82. The applicant shall submit a Water Quality Management Plan identifying site specific Best Management Practices ("BMPs") in accordance with the Model Water Quality 5 Management Plan ("WQMP") approved for use for the Santa Ana River Watershed. 6 The site specific WQMP shall be submitted to the City Engineer for review and approval with the Precise Grading Plan. A WQMP Maintenance Agreement shall be required, 7 obligating the property owners) to appropriate operation and maintenance obligations of on-site BMPs constructed pursuant to the approved WQMP. The WQMP and 8 Maintenance Agreement shall be approved prior to issuance of a building permit, unless 9 otherwise allowed by the City Engineer. The development of the Site is subject to the requirements of the National Pollution Discharge Elimination System (NDES) Permit 10 for the City of Rialto, issued by the Santa Ana Regional Water Quality Control Board, 11 Board Order No. R8-2010-0036. Pursuant to the NDES Permit, the Applicant shall ensure development of the site incorporates post-construction Best Management 12 Practices ("BMPs") in accordance with the Model Water Quality Management Plan ("WQMP") approved for use for the Santa Ana River Watershed. The Applicant is 13 advised that applicable Site Design BMPs will be required to be incorporated into the 14 final site design, pursuant to a site specific WQMP submitted to the City Engineer for review and approval.
15 83. 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 17 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 18 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 19 maintain a Storm Water Pollution Prevention Plan ("SWPPP") as required by the 20 General Construction Permit. All appropriate measures to prevent erosion and water pollution during construction shall be implemented as required by the SWPPP. 21 84. Prior to issuance of a certificate of occupancy or final City approvals, the applicant shall 22 demonstrate and submit a WOMP BMP certification that all structural BMP's have been 23 constructed and installed in conformance with approved plans and specifications, and as identified in the approved WQMP.
24 25 85. All stormwater runoff passing through the site shall be accepted and conveyed across the property in a manner acceptable to the City Engineer. For all stormwater runott 26 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, prepared by a Civil Engineer, to determine the volume of increased stormwater runoff due to development of the site, 28 and to determine required stormwater runoff mitigation measures for the proposed -18-
1 development. Final retention basin sizing and other stormwater runoff mitigation measures shall be determined upon review and approval of the hydrology study by the 2 City Engineer and may require redesign or changes to site configuration or layout 3 consistent with the findings of the final hydrology study. The volume of increased stormwater runoff to retain on-site shall be determined by comparing the existing "pre- 4 developed" condition and proposed "developed" condition, using the 100-year frequency storm. Infiltration of stormwater in the developed condition analysis shall be 5 considered negligible. All on-site and off-site designs must comply with Federal 6 (NDES), State, Regional, and City stormwater regulations. 7 86. 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 8 entering 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 areas, and in only a stormwater runoff condition, pass runoff directly to the 10 streets through parkway or under sidewalk drains. All on-site and off-site designs must 11 comply with NPDES stormwater regulations.
12 87. The applicant shall pay the Project Fair Share Cost of $275,970 established by Table 1- 3 (Summary of Improvements and Rough Order of Magnitude Costs) of the Tratfic 13 Analysis (June 26, 2023) prepared for the project, prior to the issuance of any building 14 permits.
15 88. The original improvement plans prepared for the proposed development and approved by the City Engineer (if required) shall be documented with record drawing "as-built" 16 information and returned to the Engineering Division prior to issuance of a final 17 certificate of occupancy. Any modifications or changes to approved improvement plans shall be submitted to the City Engineer for approval prior to construction. 18 89. The applicant shall adhere to the City Council approved franchise agreements and 19 disposal requirements during all construction activities, in accordance with Section 8.08 20 (Refuse Collection of the City of Rialto Municipal Code). 21 90. 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 22 included if not already identified:
23 a. 6 foot high tan colored perimeter screened fencing 24 25 b. Contractor information signage including contact information along the street frontages of Rialto Avenue and Lilac Avenue.
26 c. Post dust control signage with the following verbiage: "Project Name, WDID No., 27 IF YOU SEE DUST COMING FROM THIS PROJECT CALL: NAME (XXX) 28 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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1 91. The applicant shall submit civil engineering design plans, reports and/or documents, 2 prepared by a registered/licensed civil engineer, for review and approval by the City 3 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 4 following:
5 a. ROUGH GRADE W/ EROSION CONTROL PLAN as needed (prior to grading 6 permit issuance)
b. PRECISE GRADE W/ EROSION CONTROL PLAN (prior to grading permit 7 issuance)
c. PUBLIC IMPROVEMENT PLANS: Street Improvement, Signing and Striping, 8 Sewer and Water, Street Light, Landscape and Irrigation. (off-site construction permit issuance)
d. FINAL DRAINAGE STUDY (prior to grading plan approval) 10 e. FINAL WQMP (prior to grading plan approval)
11 f. LEGAL DOCUMENTS: dedication along Rialto Avenue and Lilac Avenue (e.g. (prior to building permit Issuance)
12 g. AS-BUILT/RECORD DRAWINGS for all plans (prior to occupancy release. 13 92. The applicant shall remove any graffiti within 24 hours, before, during, and post 14 construction. Methods used to remove or cover the graffiti such as new paint and sand blasting shall assure to completely match the building, wall, etc. 15 The applicant shall submit full architectural and structural plans with all mechanical, 16 electrical, and plumbing plans, structural calculations, truss calculations and layout, 17 rough grading plans approved by Public Works Engineering, Water Quality Management Plan, Erosion Control Plan, Stormwater Pollution Prevention Plan, and 18 Title 24 Energy Calculations to the Building Division for plan check and review, prior to the issuance of building permits.
19 20 94. 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, 21 perimeter walls, trash enclosure, etc.).
22 95. Except for plans submitted before January 1, 2023, the applicant shall design the 23 structures in accordance with the 2022 California Building Code, 2022 California Mechanical Code, 2022 California Plumbing Code, and the 2022 California Electrical 24 Code, 2022 Residential Code and the 2022 California Green Buildings Standards adopted by the State of California.
25 26 96. The applicant shall design the structures to withstand ultimate wind speed of 130 miles per hour, exposure C and seismic zone D
27 28 97. The applicant shall obtain an Electrical Permit from the Building Division for any temporary electrical power required during construction. No temporary electrical power -20-
1 will be granted to a project unless one of the following items is in place and approved by the Building Division: (A) Installation of a construction trailer, or, (B) Security 2 fencing around the area where the electrical power will be located. 3 98. The applicant shall install any required temporary construction trailer on private 4 property. No trailers are allowed to be located within the public right-of-way. The trailer shall be removed prior to the issuance of a Certificate of Occupancy. 5 6 99. 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 7 enclosure. Paths of travel shall incorporate (but not limited to) exterior stairs, landings, walks and sidewalks, pedestrian ramps, curb ramps, warning curbs, detectable warning, 8 signage, gates, lifts and walking surface materials, as necessary. The accessible route(s) 9 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 10 site, California Building Code, (CBC) Chapter 11, Sec, 11A and 11B. 11 100. Prior to issuance of a Building Permit all of the following must be in place on the Site:
12 a portable toilet with hand wash station, all BMP's, fencing and signage on each adjacent street saying "If there is any dust or debris coming from this site please contact 13 (superintendent number here) or the AQMD if the problem is not being resolved" or 14 something similar to this.
15 101. The applicant shall provide temporary toilet facilities for the construction workers. The toilet facilities shall always be maintained in a sanitary condition. The construction 16 toilet facilities of the non-sewer type shall conform to ANSI ZA.3. 17 102. The applicant shall underground all on site utilities to the new proposed structures, prior 18 to the issuance of a Certificate of Occupancy, unless prior approval has been obtained by the utility company or the City.
19 20 103. Prior to issuance of Building Permits, site grading final and pad certifications shall be submitted to the Building Division and Engineering Division, which include elevation, 21 orientation, and compaction. The certifications are required to be signed by the engineer of record.
22 23 104. The applicant shall provide proof of payment to the Rialto Unified School District for all required school fees, prior to the issuance of a building permit. 24 25 105. 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, 26 Chapter 11.
27 106. The applicant shall place a copy of the Conditions of Approval herein on within the 28 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. -21-
1 107. The applicant shall ensure that a minimum of 65% of all construction and demo debris 2 shall be recycled using an approved City of Rialto recycling facility during construction. 3 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.
4 108. Prior to issuance of Building Permits, on site water service shall be installed and 5 approved by the responsible agency. On site fire hydrants shall be approved by the Fire 6 Department. No flammable materials will be allowed on the site until the fire hydrants are established and approved.
7 109. The applicant shall comply with all applicable requirements of the California Fire Code 8 and Chapter 15.28 (Fire Code) of the Rialto Municipal Code. 110. The applicant shall illuminate all walkways, passageways, and locations where 10 pedestrians are likely to travel with a minimum of 1.5-foot candles (at surface level) of 11 light during the hours of darkness. Lighting shall be designed/constructed in such a manner as to automatically turn on at dusk and turn off at dawn. 12 111. The applicant shall illuminate all alleyways, driveways, and uncovered parking areas 13 with a minimum of 1.5-foot candles (at surface level) of light during the hours of 14 darkness. Lighting shall be designed/constructed in such a manner as to automatically turn on at dusk and turn off at dawn.
15 112. The applicant shall illuminate all loading dock areas, truck well areas, and delivery areas 16 with a minimum of 2.0 foot-candles (at surface level) of light during the hours of 17 darkness. Lighting shall be designed/constructed in such a manner as to automatically turn on at dusk and turn off at dawn.
18 113. The applicant shall design/construct all lighting fixtures and luminaries, including 19 supports, poles and brackets, in such a manner as to resist vandalism and/or destruction 20 by hand.
21 114. The applicant shall provide an illuminated channel letter address prominently placed on 22 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 23 property would require two address signs if located adjacent to a roadway), prior to the issuance of a Certificate of Occupancy.
24 25 115. At the discretion of the Rialto Police Department, the applicant shall install exterior security cameras at the location that cover the entire Site, prior to the issuance of a 26 Certificate of Occupancy. The security cameras shall be accessible to the Rialto Police Department via FusionONE web application.
27 28 116. The applicant shall install Knox boxes immediately adjacent to the main entrance of the building, at least one (1) rear entrance on the building, and at the gate into the truck court -22-
1 to facilitate the entry of safety personnel. The Knox boxes shall be installed in such a manner as to be alarmed, resist vandalism, removal, or destruction by hand, and be fully 2 recessed into the building. The Knox boxes shall be equipped with the appropriate keys, 3 for each required location, prior to the first day of business. The Knox-Box placement shall be shown on the formal building plan review submittal prior to the issuance of a 4 building permit.
5 117. The applicant shall prominently display the address on the building rooftop to be visible 6 to aerial law enforcement or fire aircraft. Specifications to be followed for alphanumeric characters are as follows: Three (3) foot tall and six (6) inches thick alphanumeric 7 characters. The alphanumeric characters shall be constructed in such a way that they are 8 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 9 of the contrast.
118. The applicant shall provide an audible alarm within the building, prior to the issuance = 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 12 device / crash bar).
13 119. The applicant or General Contractor shall identify each contractor and subcontractor 14 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 15 based on the Contractors tax rate for each contractor. 16 120. Prior to issuance of a Certificate of Occupancy, the Lessor of the property shall pay a business license tax based on the Rental Income Property tax rate. 18 SECTION 5. The Chairman of the Planning Commission shall sign the passage and 19 adoption of this resolution and thereupon the same shall take effect and be in force. 20 PASSED, APPROVED AND ADOPTED this 26th _ day of_July. 2023. 21 22
2 23
24 JERRY GUTIERREZ, CHAIR
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. 2023-55 was duly passed and adopted at a regular meeting of the Planning Commission of the City of Rialto held on the 26" day of July 2023. 8 Upon motion of Commissioner Dale Estvander, second by Commissioner Artist Gilbert, 9 foregoing Resolution No. 2023-55 was duly passed and adopted. 10 11 Vote on the motion:
12 AYES: 3 (Peukert, Estvander, Gilbert)
13 NOES: 2 (Gutierrez, Gonzalez)
14 ABSTENTION: 0
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 264 day of July 2023.
19 20
21 Kimberly Dame
22 Administrative Analyst
23 24
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