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RESOLUTION NO. XXXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RIALTO, CALIFORNIA CERTIFY ING THE FINAL
ENVIRONMENTAL IMPACT REPORT SCH. 2020120036, AS
RELATED TO A PROPOSED PROJECT CONSISTING OF THE
SUBDIVISION OF ONE (1) PARCEL OF LAND INTO TWO (2)
NEW PARCELS OF LAND, THE DEVELOPMENT OF ONE (1)
430,581 SQUARE FOOT INDUSTRIAL WAREHOUSE
BUILDING, AND THE DEVELOPMENT OF ONE (1) 249,026
SQUARE FOOT INDUSTRIAL WAREHOUSE BUILDING ON
SAID PARCEL S OF LAND; ADOPT FINDINGS OF FACT
RELATED THERETO, AS REQUIRED BY PUBLIC RESOURCES
CODE SECTION 21081( a) AND CEQA GUIDELINES, SECTION
15091; APPROVE A MITIGATION MONITORING AND
REPORTING PROGRAM RELATED THERETO, AS REQUIRED
BY PUBLIC RESOURCES CODE SECTION 21081.6 AND CEQA
GUIDELINES SECTION 15097; AND ADOPT THE STATEMENT
OF OVERRIDING CONSIDERATIONS RELATED THERETO, AS
REQUIRED BY PUBLIC RESOURCES CODE SECTION 21081(b)
AND CEQA GUIDELINES SECTION 15093
WHEREAS, the applicant, C row Holdings Industrial , LLC, (“Applicant”) proposes to subdivide one (1) parcel of land (APN: 0264-213-18) located on the north side of Baseline Road approximately 350 feet east of Fitzgerald Avenue within the Airport -Related Planned Industrial Development (I-AR) land use district of the Rialto Airport Specific Plan (“Site”) into two (2) new parcels – Parcel 1 (18.29 net acres) and Parcel 2 (12.80 net acres), develop and operate a 430,581 square foot industrial warehouse building on Parcel 1, and develop and operate a 249,026 square foot industrial warehouse building on Parcel 2 (“Project”); and WHEREAS, t he City of Rialto (“City”) has undertaken review under the California Environmental Quality Act (“CEQA”), Public Resources Code Sections 21000, et seq . and California Code of Regulations (“CEQA Guidelines”) Title 14, Sections 15000, et seq.; and WHEREAS, the Applicant retained Kimley-Horn and Associates, Inc., an environmental consulting firm, to prepare an environmental impact report (“EIR”) for the Project; and
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WHEREAS, the City retained EcoTierra Consultants , an environmental consulting firm, to conduct a peer review of the EIR prepared for the Project by Kimley-Horn and Associates, Inc.; and
WHEREAS, on December 2, 2020, the City distributed a Notice of Preparation for Draft Environmental Impact Report SCH. 2020120036, for the Project, pursuant to CEQA Guidelines Section 15082 and Public Resources Code Section 21080.4, providing a 45- day period during which responsible agencies, trustee agencies , and members of the general public could provide comments to the City regarding the scope of the proposed EIR; and WHEREAS, pursuant to the authority and crite ria contained in CEQA and the City of Rialto environmental guidelines, the City, as the Lead Agency, analyzed the Project and directed the Applicant to prepare a Draft Environmental Impact Report (“DEIR”), and determined that the proposed Project would have significant impacts related to t ransportation/traffic from Project construction and operations; and
WHEREAS, consistent with the requirements of CEQA Guidelines Section 15085, upon completing the DEIR dated December 2021 , the City filed a Notice of Completion on December 1, 2021 with the Office of Planning and Research; and
WHEREAS, on December 7 , 2021 consistent with the requirements of the Public Resources Code Section 21092 and CEQA Guidelines Section 15087, the City published a Notice of Availability of the DEIR in the San Bernardino Sun newspaper , and, on December 7 , 2021, posted the Notice of Availability at City Hall and mailed a Notice of Availability to all responsible and trustee agencies, all organizations and individuals who had requested notice, and all property owners located within a 300 foot radius of the Site; and WHEREAS, the Notice of Availability and Notice of Completion noticed all agencies, organizations, and the public that they had 45 days to provide comments on the contents of the DEIR, which was available in hard copy for in- person review at City Hall – the Community Development Building - and available for download on the City of Rialto website, throughout the comment period; and
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WHEREAS, at the conclusion of the 45-day public review and comment period related to the DEIR, the City directed the preparation of the Final Environmental Impact Report dated April 2022 (“FEIR”) pursuant to CEQA Guidelines Sections 15088, 15089 and 15132, which i ncluded the DEIR, responses to public comments on the DEI, and a Mitigation Monitoring and Reporting Program; and
WHEREAS, pursuant to CEQA Guidelines Section 15132, the FEIR is required to be completed in compliance with CEQA , and pursuant to Section 21092.5 of CEQA, on April 7, 2022, the City sent via email and overnight mail the FEIR, including written responses to comments, to all agencies, organizations, and persons that commented on the DEIR; and WHEREAS, on April 14, 2023, the City published a Notice of Public Hearing that the Planning Commission would consider certification of the FEIR and approval of the Project at its April 26, 2023 meeting in the San Bernardino Sun newspaper, posted the notice at City Hall, and mailed said notice to all property o wners within a 300 foot radius of the Site as well as all to all organizations and individuals who had requested notice; and WHEREAS, on April 26, 2023, the Planning Commission conducted a public hearing, and considered the record of proceedings for the FEIR, which includes, but is not limited to, the following:
(1) The Notice of Preparation for the Project (the “NOP”), and all other public notices issued by the City in connection with the Project;
(2) The FEIR dated April 2022;
(3) All written comments s ubmitted by agencies or members of the public during any public review comment period on the DEIR;
(4) All written and verbal public testimony presented during a noticed public hearing for the Project at which such testimony was taken, including without li mitation, the Staff Report to the Planning Commission, including all attachments, any all presentations by City staff, the City’s consultants, the Applicant and the Applicant’s consultants, the public, and any other interested party;
(5) The Mitigation Monitoring and Reporting Program for the Project (the “MMRP”);
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(6) The reports, studies and technical memoranda included and/or referenced in the DEIR and the FEIR and or their appendices;
(7) All documents, studies, or other materials incorporated by referen ce in the DEIR and the FEIR;
(8) All Ordinances and Resolutions presented to and/or to be adopted by the City in connection with the Project; and all documents incorporated by reference therein, specifically including, but not limited to, this Resolution and its exhibit; (9) Matters of common knowledge to the City, including but not limited, to federal, state, and local laws and regulations, adopted City plans, policies (including but not limited to the 2010 Rialto General Plan and the Rialto Airport Specific Plan ), and the professional qualifications of City staff members and consultants; (10) Any documents expressly cited in this Resolution and its exhibit, the Staff Report to the Planning Commission, the FEIR which includes the DEIR; and (11) Any other relevant materials required to be in the record of proceedings under Section 21167.6(e) of the Public Resources Code; and
WHEREAS, on April 26, 2023, following the public hearing, the Planning Commission considered and discussed the adequacy of the proposed FEIR as an informational document and applied their own independent judgment and analysis to review said FEIR, and hereby desire to take action to recommend that the City Council certify the FEIR, as having been completed in compliance with CEQA, based on the findings found herein; and WHEREAS, at its April 26, 2023, meeting, following the public hearing, the Planning Commission also considered and decided whether to approve or reject the Project at this time; and WHEREAS, on April 26, 2023, the Planning Commission voted 4- 0 ( 1 absence & 2 vacancies) to recommend approval of the FEIR and the Project to the City Council; and WHEREAS, on August 22, 2023, the City Council conducted a duly noticed public hearing, as required by law, on the FEIR and continued the hearing to September 12, 2023; and
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WHEREAS, on September 12, 2023, the City Council conducted a public hearing, and considered the record of proceedings for the FEIR, which includes, but is not limited to, the following:
(1) The Notice of Preparation for the Project (the “NOP”), and all other public notices issued by the City in connection with the Project;
(2) The FEIR dated April 2022;
(3) All written comments submitted by agencies or members of the public during any public review comment period on the DEIR;
(4) All written and verbal public testimony presented during a noticed public hearing for the Project at which such testimo ny was taken, including without limitation, the Staff Report to the City Council , including all attachments, any all presentations by City staff, the City’s consultants, the Applicant and the Applicant’s consultants, the public, and any other interested party;
(5) The Mitigation Monitoring and Reporting Program for the Project (the “MMRP”); (6) The reports, studies and technical memoranda included and/or referenced in the DEIR and the FEIR and or their appendices;
(7) All documents, studies, or other materials in corporated by reference in the DEIR and the FEIR;
(8) All Ordinances and Resolutions presented to and/or to be adopted by the City in connection with the Project; and all documents incorporated by reference therein, specifically including, but not limited to, this Resolution and its exhibit; (9) Matters of common knowledge to the City, including but not limited, to federal, state, and local laws and regulations, adopted City plans, policies (including but not limited to the 2010 Rialto General P lan and the Rialto Airport Specific Plan ), and the professional qualifications of City staff members and consultants; (10) Any documents expressly cited in this Resolution and its exhibit, the Staff Report to the City Council, the FEIR which includes the DEIR; and
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(11) Any other relevant materials required to be in the record of proceedings under Section 21167.6(e) of the Public Resources Code; and
WHEREAS, the City has not pre -committed to approving the Project or the FEIR, and will not commit to any appr oval related to the Project until the Planning Commission and City Council consider and certify the FEIR for the Project based upon all evidence presented; and WHEREAS, on September 12 , 2023, following the public hearing, the City Council considered and discussed the adequacy of the proposed FEIR as an informational document and applied their own independent judgment and analysis to review said FEIR, and hereby desire to take action to certify the FEIR, as having been completed in compliance with CEQA, based on the findings found herein; and
WHEREAS, at its September 12, 2023, meeting, following the public hearing, the City Council also considered and decided whether to approve or reject the Project at this time; and WHEREAS, CEQA requires in Public Resources Section 21081 the following:
“Section 21081. Findings necessary for approval of project. Pursuant to the policy stated in Sections 21002 and 21002.1, no public agency shall approve or carry out a project for which an environmental impact report has been certified which identifies one or more significant effects on the environment that would occur if the project is approved or carried out unless both of the following occur:
(a) The public agency makes one or more of the following findings with respect to each significant effect:
(1) Changes or alterations have been required in, or incorporated into, the Project which mitigate or avoid the significant effects on the environment. (2) Those changes or alterations are within the responsibility and jurisdiction of another public agency and have been, or can and should be, adopted by that other agency.
(3) Specific economic, legal, so cial, technological, or other considerations, including considerations for the provision of employment opportunities for highly
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trained workers, make infeasible the mitigation measures or alternatives identified in the environmental impact report.
(b) With respect to significant effects which were subject to a finding under paragraph (3) of subdivision (a), the public agency finds that specific overriding economic, legal, social, technological, or other benefits of the Project outweigh the significant effects on the environment.”
WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred.
NOW, THEREFORE, the City Council hereby finds, determines, and resolves as follows:
SECTION 1: RECITALS. The City Council hereby specifically finds all of the facts set forth in the recitals above this Resolution are true, correct, and incorporated herein.
S ECTION 2: FINDINGS. The FEIR available at the Community Development Department office and provided concurrently with this Resolution, includes the DEIR SCH No. 2020120036 dated December 2021 and all related appendices, the Response to Comments, and all related appendices and attachments to the FEIR. The City Council finds, based upon the substantial evidence in the record of proceedings and the whole record before it, in the exercise of its independent judgment and analysis, that the FEIR is, procedurally and substantively, in compliance with the requirements of CEQA:
a. Procedural Compliance : The Final EIR was prepared in procedu ral compliance with the requirements of CEQA:
1. Notice of Preparation. As described in the Recitals hereto, a Notice of Preparation was prepared in accordance with Section 15082 of CEQA.
2. Public Review. As described in the Recitals hereto, the City held multiple public review periods pursuant to the CEQA Guidelines.
3. Notice of Completion. As described in the Recitals hereto, the City has complied with CEQA Guidelines Sections 15085, 15086, 15087, and 15105 by providing a Notice of Completion of the DEIR to the State Clearinghouse and a Notice of Availability to
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responsible and trustee agencies and other persons and agencies as required.
4. Written Comments. As described in the Recitals hereto, the City has evaluated and responded to all written comments received during the public review period and included both comments and responses as part of the FEIR pursuant to CEQA Guidelines Section 15088.
b. Findings Regarding Significant Effects that Can be Mitigated to Less Than Significant. The FEIR identifies potentially significant effects on the environment that could result if the Project were adopted without changes or alterations in the Project and imposition of mitigation measures and further finds that changes, alterations, and mitigation measures have been incorporated into, or imposed as conditions of approval on, the Project. The City Council adopts the statements and findings in Exhibit A (Section 5, titled “Environmental Impacts Found to be Less Than Significant with Mitigation Incorporated”) to this Resolution, which is attached hereto and incorporated herein by this reference. These avoidable significant effects are identified in Exhibit A (Section 5) a nd include potentially significant impacts to air quality , biological resources, cultural resources, geology and soils, and hazards and hazardous materials . However, mitigation measures can be implemented to reduce these impacts to a level that is less than significant; changes have been required in, or incorporated into, the Project through the imposition of mitigation measures as described in Exhibit A (Section 5). These mitigation measures identified in Exhibit A will be imposed pursuant to the MMRP found at Section 3.0 in the FEIR. These changes, alterations, and mitigation measures are fully enforceable because they
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have either resulted in an actual change to the Project as proposed or they have been imposed as conditions of approval on the Project. c. Findings Regarding Unavoidable Significant Impacts. The City Council adopts the statements and findings in Exhibit A (Section 6, titled “Environmental Impacts Found to be Significant and Unavoidable ”) to this Resolution, which is attached hereto and incorporated herein by this reference. The Project has significant effects that cannot be mitigated to a less than significant level through the imposition of mitigation measures.
These significant effects are identified in Exhibit A (Section 6). Specific economic, legal, social, technological, or other considerations are found to make the Proposed Project acceptable notwithstanding that even with the required mitigation measures, and consideration of project alternatives identified in the FEIR for the significant impacts identified in Exhibit A (Section 7) all impacts cannot be reduced to less then and significant levels, including those based upon the findings in Exhibit A (Section 6) to this resolution, and the findings in Exhibit A (Section 7) regarding the proposed alternatives. Therefore, those impacts are found to be significant and unavoidable.
d. Findings Regarding Less than Significant Impacts . In the course of the DEIR evaluation, certain environmental impacts of the Project were found not to be significant. Any and all potential significant impacts discussed in the FEIR that are not subject to paragraph 2(b) or 2(c), above, as either an avoidable significant impact, or as an unavoidable significant impact, are i nsignificant impacts to the environment. There exists no fair argument that the environmental conditions that were found not to be significant in the DEIR will pose a significant environmental impact, due to the inability of a Project of this scope to cre ate such impacts or the
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absence of Project characteristics producing significant effects of this nature.
SECTION 3: FEIR REVIEWED AND CONSIDERED. The City Council has reviewed and considered the information contained in the FEIR and finds that the FEIR has been completed in compliance with CEQA.
SECTION 4 : ALTERNATIVES. The FEIR identified potential environmental impacts of separate project alternatives compared to impacts from the proposed Project. These alternatives were selected based upon their ability to avoid or substantially lessen the significant effects of the proposed Project, while still achieving the primary Project objectives. Most alternatives are hereby found infeasible due to lack of alternative site availability, failure to meet basic Project objectives, or the fact that some alternatives would still have the same types of significant and unavoidable impacts as the Project. The City Council hereby adopts the Statement of Findings on rejection of Project Alternatives in Exhibit A (Section 7, titled “Alternatives to the Proposed Project”) to this Resolution, which is attached hereto and incorporated herein by this reference.
SECTION 5
: STATEMENT OF OVERRIDING CONSIDERATIONS. The City
Council finds, pursuant to CEQA Section 21081(b) and CEQA Guidelines Section 15093, that the specific economic, legal, social, technological and other benefits of the Project outweigh the Project's unavoidable adverse environmental impacts, and therefore, the impacts are acceptable.
The City Council hereby adopts the Statement of Overriding Considerations in Exhibit A (Section 10, titled “Statement of Overriding Considerations”) to this Resolution, which is attached hereto and incorporated herein by this reference. The City Council finds that each of the Significant and Unavoidable Impacts identified in Exhibit A (Section 6) may be considered acceptable for the reasons cited therein and considered together with the Project applicant’s entering into a Community Benefit Agreement with the City pursuant to which the Project applicant will provide to the City (a) a permanent storm drain easement, and (b) a lump sum payment of three million dollars ($3,000,000) to the City for the specific purpose of funding the construction of the storm drain to be located within the permanent storm drain easement being conveyed to the City by the Developer.
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SECTION 6: MITIGATION MONITORING. The City as lead agency adopts the MMRP for the changes made to the Project that it has adopted in order to mitigate or avoid significant effects on the environment. Pursuant to Public Resources Code Section 21081.6, the MMRP set forth a s Section 3.0 to the FEIR to this Resolution, which is attached hereto and incorporated herein by this reference, is hereby adopted to ensure that all mitigation measures adopted for the Pr oject are fully implemented . The City Council hereby adopts the MMRP to ensure compliance with mitigation measures during Project implementation. As required by Public Resources Code Section 21081.6, the MMRP designates responsibility and anticipated timing for the implementation of the mitigation measures recommended in the FEIR. The MMRP will remain available for public review during the compliance period.
SECTION 7
: CERTIFICATION. Based on the above facts and findings, the City Council hereby certifies the FEIR for the Project as accurate and adequate. The City Council further certifies that the FEIR was completed in compliance with CEQA and the CEQA Guidelines.
SECTION 8: T he Mayor shall sign the passage and adoption of this resolution and thereupon the same shall take effect and be in force.
PASSED, APPROVED, AND ADOPTED this 12th day of September, 2023.
____________________________________
DEBORAH ROBERTSON, MAYOR
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ATTEST:
__________________________________
BARBARA MCGEE, CITY CLERK
APPROVED AS TO FORM:
__________________________________
ERIC S. VAIL, CITY ATTORNEY
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STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss
CITY OF RIALTO )
I, BARBARA MCGEE, City Clerk of the City of Rialto, do hereby certify that the foregoing Resolution No. _________ was duly passed and adopted at a regular meeting of the City Council of the City of Rialto held on the ______ day of ___________________, 2023.
Upon motion of Councilmember _______________, seconded by Councilmember ___________________, the foregoing Resolution No. _________ was duly passed and adopted.
Vote on the motion:
AYES:
NOES:
ABSENT:
IN WITNESS WHEREOF, I have hereunto set my hand and the Official Seal of the City of Rialto this ______ day of __________________, 2023.
________________________________
BARBARA MCGEE, CITY CLERK
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EXHIBIT A
FINDINGS AND FACTS IN SUPPORT OF FINDINGS AND STATEMENT OF OVERRIDING
CONSIDERATIONS PREPARED PURSUANT TO THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT FOR THE FINAL ENVIRONMENTAL IMPACT REPORT FOR THE OLIVE AVENUE DEVELOPMENT PROJECT STATE CLEARINGHOUSE NO. 2020120036
[See Following Pages]
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