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RESOLUTION NO. XXXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RIALTO, CALIFORNIA APPROVING TENTATIVE PARCEL
MAP NO. 2020-0001 TO ALLOW THE SUBDIVISION OF ONE
(1) 31.61 GROSS ACRE 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 INTO TWO (2) NEW PARCELS OF
LAND – PARCEL 1 (18.29 NET ACRES) AND PARCEL 2 (12.80
NET ACRES) – TO FACILITATE THE DEVELOPMENT OF ONE
(1) 430,581 SQUARE FOOT INDUSTRIAL WAREHOUSE
BUILDING AND ONE (1) 249,026 SQUARE FOOT INDUSTRIAL
WAREHOUSE BUILDING THEREON.
WHEREAS, the applicant, C row H oldings Industrial , LLC, proposes to subdivide one
31.61 gross acre 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 of land – Parcel 1 (18.29 net acres) and Parcel 2 (12.80 net acres) (“Project”); and WHEREAS, the Project within the I- AR land use district requires the approval of a tentative parcel map, and the Applicant has agreed to apply for a Tentative Parcel Map No. 2020- 0001, also referred to as Tentative Parcel Map No. 20195, (“TPM No. 20195”), in accordance with Government Code Sections 66473.5 and 66474; and
WHEREAS, in conjunction with the Project , the applicant has applied for Conditional Development Permit No. 2020- 0002 (“CDP No. 2020- 0002”) to facilitate the development and operation of one (1) 430,581 square foot industrial warehouse building on Parcel 1 and one (1) 249,026 square foot industrial warehouse building on Parcel 2; and WHEREAS, in conjunction with the Project, the applicant has applied for Precise Plan of Design No. 2020-0003 (“PPD No. 2020-0003”) to facilitate the development of one (1) 430,581 square foot industrial warehouse building and Parcel 1 and one (1) 249,026 square foot industrial warehouse building on Parcel 2; and
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WHEREAS, on April 26, 2023, the Planning Commission of the City of Rialto conducted a duly noticed public hearing, as required by law, on TPM No. 20195, CDP No. 2020-0002, and PPD No. 2020-0003, took testimony, at which time it received input from staff, the city attorney, and the applicant; heard public testimony; discussed the proposed TPM No. 20195, CDP No. 2020- 0002, and PPD No. 2020-0003; and closed the public hearing; and WHEREAS, on April 26, 2023, the Planning Commission voted 4- 0 (1 absence & 2 vacancies) to recommend approval for TPM No. 20195, CDP No. 2020-0002, and PPD No. 2020- 0003 to the City Council; and
WHEREAS, on August 22, 2023, the City Council conducted a duly noticed public hearing, as required by law, on TPM No. 20195, CDP No. 2020- 0002, and PPD No. 2020-0003, and continued the hearing to September 12, 2023; and
WHEREAS, on September 12, 2023, the City Council of the City of Rialto resumed the public hearing on TPM No. 20195, CDP No. 2020-0002, and PPD No. 2020-0003, took testimony, at which time it received input from staff, the city attorney, and the applicant; heard public testimony; discussed the proposed TPM No. 20195, CDP No. 2020- 0002, and PPD No. 2020- 0003; and closed the public hearing; and
WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred.
NOW, THEREFORE, the City Council hereby finds, determines, and resolves as follows:
SECTION 1. The City Council hereby specifically finds that all of the facts set forth in the recitals above of this Resolution are true and correct and incorporated herein.
S ECTION 2. Based on substantial evidence presented to the City Council during the public hearing conducted with regard to TPM No. 20195, including written staff reports, verbal testimony, site plan, other documents, and the conditions of approval stated herein, the City Council hereby determines that TPM No. 20195 satisfies the requirements of Government Code Sections 66473.5 and 66474 pertaining to the findings which must be made precedent to approving a tentative map.
The findings are as follows:
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1. That the proposed Tentative Parcel Map is consistent with the General Plan of the City of Rialto and the Airport-Related Planned Industrial Development (I-AR) land use district of the Rialto Airport Specific Plan; and
This finding is supported by the following facts:
The Site has a General Plan designation of Business Park with a Specific Plan Overlay, and a land use designation of Airport-Related Planned Industrial Development (I-AR) within the Rialto Airport Specific Plan. The Project will subdivide the Site into two (2) new parcels of land – Parcel 1 (18.29 net acres) and Parcel 2 (12.80 net acres) – to facilitate the development of two (2) new industrial warehouse buildings. Per Table 9 (Development Standards – Non- Residential Designations) of the Rialto Airport Specific Plan, the required minimum parcel size within the I-AR land use designation is 1.0 acre. The proposed parcels greatly exceed the required minimum size.
2. That the design and improvements of the proposed tentative parcel map are consistent with the Subdivision Ordinance, the General Plan of the City of Rialto, and the Airport-Related Planned Industrial Development (I-AR) land use district of the Rialto Airport Specific Plan.
This finding is supported by the following facts:
The Project will comply with all technical standards required by Subdivision Map Act, the General Plan of the City of Rialto, and the I-AR land use designation of the Rialto Airport Specific Plan. The proposed parcels exceed the minimum lot dimensions as required by the I-AR land use district of the Rialto Airport Specific Plan.
3. That the site is physically suitable for the type of proposed development; and
This finding is supported by the following facts:
The Site is a relatively flat piece of land and development of the land should be easily accommodated. The Applicant will be required to submit a grading plan and geotechnical/soils report to the Public Works Department for review and approval prior to issuance of any building permits.
4. That the site is physically suitable for the proposed density of the development; and
This finding is supported by the following facts:
The Project will subdivide the Site into two (2) new parcels of land – Parcel 1 (18.29 net acres) and Parcel 2 (12.80 net acres) – to facilitate the development of one (1) 430,581 square foot industrial warehouse building and one (1) 249,026 square foot industrial warehouse building.
Table 9 (Development Standards – Non-Residential Designations) of the Rialto Airport Specific Plan does not have criteria restricting the maximum allowable Floor Area Ratio (FAR) or Lot Coverage for a development in the I -AR land use district . However, the
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proposed development does comply with all of the development standards of the I-AR land use district that are contained within the Table 9 (Development Standards – Non-Residential Designations) of the Rialto Airport Specific Plan and Chapter 18.112 (Indoor Storage Uses) of the Rialto Municipal Code, including building setbacks, landscape setbacks, parking, etc.
5. That the design of the land division is not likely to cause substantial environmental damage or substantially injure fish, wildlife, or their habitat; and
This finding is supported by the following facts:
The Site is completely undeveloped and covered by natural grasses and shrubs. The Environmental Impact Report (Environmental Assessment Review No. 2020- 0003) prepared for the project identified that the Site did not have suitable habitat for any threatened or endangered species. Nevertheless, the Environmental Impact Report prepared for the Project includes two (2) mitigation measures requiring pre -construction surveys to ensure that burrowing owls and other nesting birds are not present on the Site.
Implementation of those two (2) mitigation measures will reduce any potential impacts on biological resources to a less than significant level.
6. That the design of the land division is not likely to cause serious public health problems; and
This finding is supported by the following facts:
The Project is consistent with the General Plan and the Airport -Related Planned Industrial Development (I-AR) land use designation of the Rialto Airport Specific Plan. To the north of the project site is Jerry Eaves Park and to east is the Cactus Basin Flood Control Channel.
To the south, across Baseline Road, is a single-family residential subdivision built in 1989, and to the west are several multi- tenant industrial buildings and approximately 2.48 acres of vacant land, which is planned for the development of a 45,659 square foot industrial warehouse building (“Precise Plan of Design No. 2021-0019”). The project is not expected to negatively impact any uses with the successful implementation of mitigation measures.
Measures, such as landscape buffering and the installation of solid screen walls, will be implemented as a part of the Project to prevent any negative impacts to the nearby land uses. Furthermore, construction impacts on the site will be limited through the strict enforcement of the allowable construction hours listed in Section 9.50.070 of the Rialto Municipal Code, as well as enforcement of regular watering of the site to limit airborne dust and other particulate matter. As a result, the Project is not likely to cause any public health problems.
7. That the design of the land division or proposed improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed land division.
This finding is supported by the following facts:
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One (1) easement for storm drain cross access exists on or near the Site. Upon completion of the Final Map and street dedication, the easement will be vacated and replaced with a new storm drain easement on site.
SECTION 3. An Environmental Impact Report (Environmental Assessment Review No. 2020-0003) has been prepared for the proposed Project in accordance with the California Environmental Quality Act (CEQA) and it has been determined that the Project will create unavoidable significant impacts to transportation/traffic. On September 12, 2023, the City Council adopted the Final Environmental Impact Report prepared for the Project.
SECTION 4. The City Council hereby approves TPM No. 20195 allowing the subdivision of one (1) 31.61 gross acre 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 designation of the Rialto Airport Specific Plan into two (2) new parcels of land – Parcel 1 (18.29 net acres) and Parcel 2 (12.80 net acres), in accordance with the plans and application on file with the Planning Division, subject to the following conditions:
1. TPM No. 20195 is approved allowing the subdivision of one (1) 31.61 gross acre 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 designation of the Rialto Airport Specific Plan into two (2) new parcels of land – Parcel 1 (18.29 net acres) and Parcel 2 (12.80 net acres) – for the purpose of developing one (1) 430,581 square foot industrial warehouse building and one (1) 249,026 square foot industrial warehouse building, as shown on the tentative parcel map attached as Exhibit A, and as approved by the City Council.
2. City inspectors shall have access to the Site to reasonably inspect the Site during normal working hours to assure compliance with these conditions and other codes.
3. The applicant shall indemnify, protect, defend, and hold harmless , the City of Rialto, and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof (collectively, the “City Parties”), from any and all claims, demands, law suits, writs of mandamus, and other actions and proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute resolutions procedures (including, but not limited to arbitrations, mediations, and other such procedures), (collectively “Actions”), brought against the City, and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or annul, the any action of, or any permit or approval issued by, the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities
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thereof (including actions approved by the voters of the City), for or concerning the Project (collectively, the “Entitlements”), whether such Actions are brought under the California Environmental Quality Act, the Planning and Zoning Law, the Subdivision Map Act, Code of Civil Procedure Chapter 1085 or 1094.5, the California Public Records Act, or any other state, federal, or local statute, law, ordinance, rule, regulation, or any decision of a court of competent jurisdiction. This condition to indemnify, protect, defend, and hold the City harmless shall include, but not be limited to (i) damages, fees and/or costs awarded against the City, i f any, and (ii) cost of suit, attorneys’ fees and other costs, liabilities and expenses incurred in connection with such proceeding whether incurred by applicant, Property owner, or the City and/or other parties initiating or bringing such proceeding (coll ectively, subparts (i) and (ii) are the “Damages”). Notwithstanding anything to the contrary contained herein, the Applicant shall not be liable to the City Parties under this indemnity to the extent the Damages incurred by any of the City Parties in such Action(s) are a result of the City Parties’ fraud, intentional misconduct or gross negligence in connection with issuing the Entitlements. The applicant shall execute an agreement to indemnify, protect, defend, and hold the City harmless as stated herein within five (5) days of approval of TPM No. 20195.
4. In accordance with the provisions of Government Code Section 66020(d)(1), the imposition of fees, dedications, reservations, or exactions for this Project, if any, are subject to protest by the applicant at the time of approval or conditional approval of the Project or within 90 days after the date of the imposition of the fees, dedications, reservations, or exactions imposed on the Project.
5. The applicant shall complete and abide by all pre- construction mitigation measures contained within the Mitigation Monitoring and Reporting Program associated with the Environmental Impact Report (Environmental Assessment Review No. 2020- 0003) adopted for the Project, prior to the issuance of a grading permit.
6. The applicant shall complete and abide by all during-construction mitigation measures contained within the Mitigation Monitoring and Reporting Program associated with the Environmental Impact Report (Environmental Assessment Review No. 20 20-0003) adopted for the Project, prior to the issuance of a Certificate of Occupancy.
7. The applicant shall secure the services of a tribal cultural monitor to be present during all ground disturbance activities associate d with the construction of this project. The tribal cultural monitor shall be approved by the Gabrieleño Band of Mission Indians - Kizh Nation, and documentation of coordination between the applicant and the Gabrieleño Band of Mission Indians -Kizh Nation on this matter shall be provided to the Planning Division prior to the issuance of a grading permit.
8. The applicant shall pay all applicable development impact fees, in accordance with the current City of Rialto fee ordinance, including any Transportation and Traffic Fair Share Contribution fees, as applicable.
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9. The applicant shall comply with all conditions of approval for TPM No. 20195 and Precise Plan of Design No. 2020-0003 to the satisfaction of the City Engineer, prior to the issuance of a Certificate of Occupancy. Dedication requirements required by Precise Plan of Design No. 2020-0003 shall be met with recordation of the parcel map unless provided otherwise in the PPD conditions of approval.
10. The applicant shall provide documentation of a recorded reciprocal access easement for the shared driveway on Baseline Road. The easement shall grant each property owner access to the proposed shared driveway connected to Baseline Road at the center of the project site.
11. The applicant shall submit a final parcel map (Parcel Map No. 20195 ), prepared by a California registered Land Surveyor or qualified Civil Engineer, to the Public Works Engineering Division for review and approval. A Title Report prepared for subdivision guarantee for the subject property, the traverse closures for the existing parcel and all lots created therefrom, and copies of record documents shall be submitted with Parcel Map No. 20195 to the Public Works Engineering Division as part of the review of the Map. Parcel Map No. 20195 shall be approved by the City Council and recorded by the County Recorder’s Office prior to issuance of any building permits.
12. In accordance with Government Code 66462, all required public improvements shall be completed prior to the approval of a final map (Parcel Map No. 20195). Alternatively, the applicant may enter into a Subdivision Improvement Agreement to secure the cost of all required public improvements at the time of requesting the City Engineer’s approval of Parcel Map No. 20195 . The applicant will be required to secure the Subdivision Improvement Agreement pursuant to Government Code 66499 in amounts determined by the City Engineer.
13. The applicant shall comply with all other applicable State and local ordinances.
SECTION 5. The Mayor shall sign the passage and adoption of this resolution and thereupon the same shall take effect and be in force.
P ASSED, 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
“Tentative Parcel Map”