RESOLUTION NO. XXXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RIALTO, CALIFORNIA, APPROVING TENTATIVE PARCEL MAP NO. 2022-0005 (TPM NO. 20622) TO Allow the CONsolidation of Ten (10) parcels of land (APNS: 0132-171-01, -02, -03, -04, -05, -08, -09, -10, -13 & 0254-111-01) INTO ONE (1) 5.97 NET ACRE PARCEL OF LAND TO FACILITATE the DEVELOPMENT OF A 131,625 square foot industrial warehouse building at the SOUTHeast corner of VALLEY BOULEVARD AND WILLOW AVENUE.
WHEREAS, the applicant, Patriot Development Partners, LLC, proposes to consolidate ten (10) parcels of land (APNs: 0132-171-01, -02, -03, -04, -05, -08, -09, -10, -13 & 0254-111-01) located at the southeast corner of Valley Boulevard and Willow Avenue into one (1) 5.97 net-acre parcel of land (“Project”); and WHEREAS, the in conjunction with the Project, the applicant submitted General Plan Amendment No. 2022-0002 to change the general plan land use designation of the Site, as described in the legal description attached as Exhibit “A”, from General Commercial (GC) with a Specific Plan Overlay to Business Park (BP) with a Specific Plan Overlay (“GPA No. 2022-0002”); and WHEREAS, the in conjunction with the Project, the applicant submitted Specific Plan Amendment No. 2022-0003 to change the specific plan zoning designation of the Site, as described in the legal description attached as Exhibit “A”, from a Freeway Commercial (F-C) within the Gateway Specific Plan to Industrial Park (I-P) within the Gateway Specific Plan (“SPA No. 2022-0003”); and WHEREAS, in conjunction with the Project, the applicant has submitted Conditional Development Permit No. 2022-0039 to facilitate the development and operation of a 131,625 square foot industrial warehouse building on the Site (“CDP No. 2022-0039”); and WHEREAS, in conjunction with the Project, the applicant has submitted Precise Plan of Design No. 2022-0065 to facilitate the development of a 131,625 square foot industrial warehouse building on the Site (“PPD No. 2022-0065”); and WHEREAS, the Project within the I-P zone requires the approval of a tentative parcel map, and the applicant has agreed to apply for a Tentative Parcel Map No. 2022-0005, also referred to as Tentative Parcel Map No. 20622, (“TPM No. 20622”), in accordance with the Subdivision Map Act (Government Code §§ 66410 et seq.); and WHEREAS, on August 9, 2023, the Planning Commission of the City of Rialto conducted a duly noticed public hearing, as required by law, on TPM No. 20622, GPA No. 2022-0002, SPA No. 2022-0003, CDP No. 2022-0039, and PPD No. 2022-0065 took testimony, at which time it received input from staff, the city attorney, and the applicant; heard public testimony; discussed the proposed TPM No. 20622, GPA No. 2022-0002, SPA No. 2022-0003, CDP No. 2022-0039, and PPD No. 2022-0065; and closed the public hearing; and WHEREAS, on August 9, 2023, the Planning Commission voted 4-0 (1 abstention and 2 vacancies) to recommend approval of TPM No. 20622, GPA No. 2022-0002, SPA No. 2022-0003, CDP No. 2022-0039, and PPD No. 2022-0065 to the City Council; and WHEREAS, on September 12, 2023, the City Council conducted a duly noticed public hearing, as required by law, on TPM No. 20622, GPA No. 2022-0002, SPA No. 2022-0003, CDP No. 2022-0039, and PPD No. 2022-0065, took testimony, at which time it received input from staff, the city attorney, and the applicant; heard public testimony, discussed TPM No. 20622, GPA No. 2022-0002, SPA No. 2022-0003, CDP No. 2022-0039, and PPD No. 2022-0065; and closed the public hearing; and WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred.
NOW, THEREFORE, the City Council hereby finds, determines, and resolves as follows:
SECTION 1. The City Council hereby specifically finds that all of the facts set forth in the recitals above of this Resolution are true and correct and incorporated herein.
SECTION 2. Based on substantial evidence presented to the City Council during the public hearing conducted with regard to TTM No. 20622, including written staff reports, verbal testimony, project plans, other documents, and the conditions of approval stated herein, the City Council hereby determines that TTM No. 20622 satisfies the requirements of Government Code Sections 66473.5 and 66474 and Section 17.16.070 of the Rialto Municipal Code pertaining to the findings which must be made precedent to granting a tentative map. The findings are as follows:
That the proposed tentative parcel map is consistent with the General Plan of the City of Rialto and the Industrial Park (I-P) zone of the Gateway Specific Plan, as applicable; and This finding is supported by the following facts:
GPA No. 2022-0002, prepared in conjunction with the Project, will change the land use designation of the Site to Business Park (BP) with a Specific Plan Overlay. SPA No. 2022-0003, prepared in conjunction with the Project, will change the specific plan zoning designation of the Site to Industrial Park (I-P) within the Gateway Specific Plan. The Project will consolidate the Site into one (1) 5.97 net-acre parcel of land to facilitate the development of a 131,625 square foot industrial warehouse building. According to Chapter 18.35 (I-P Industrial Park Zone) of the Rialto Municipal Code, the I-P zone does not require a minimum lot size for a new parcel. The new parcel will facilitate the development of an industrial warehouse building that is consistent with the Business Park with a Specific Plan Overlay land use designation and the I-P zone.
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 Industrial Park (I-P) zone of the Gateway Specific Plan; and This finding is supported by the following facts:
The Project will comply with all technical standards required by the Subdivision Map Act, the General Plan of the City of Rialto, and the I-P zone. According to Chapter 18.35 (I-P Industrial Park Zone) of the Rialto Municipal Code, the I-P zone does not require a minimum lot size for a new parcel. The new parcel will facilitate the development of an industrial warehouse building that is consistent with the Business Park with a Specific Plan Overlay land use designation and the I-P zone.
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, expansive in size, 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 Engineering Services Department for review and approval prior to issuance of any building permits.
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 consolidate the Site into one (1) 5.97 net-acre parcel of land to facilitate the development of a 131,625 square foot industrial warehouse building. Per Chapter 2 (Managing Our Land Supply) of the Rialto General Plan, the maximum allowable Floor Area Ratio (FAR) for parcels within the Light Industrial land use designation is 100.0 percent. The FAR proposed for the project is 50.1 percent, which is well within the allowable limit.
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 under-developed, and the surface is heavily disturbed due to prior truck and trailer movements and material storage throughout the Site. The Initial Study/Mitigated Negative Declaration (Environmental Assessment Review No. 2022-0065) prepared for the project identified that the Site did not have suitable habitat for any threatened or endangered species. Additionally, according to Exhibit 4.4.2 (Threatened and Endangered Species Habitat) of the Rialto General Plan Environmental Impact Report the Site does not have suitable habitat for any threatened or endangered species.
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 proposed Business Park with a Specific Plan Overlay General Plan land use designation and the proposed Industrial Park (I-P) zone of the Gateway Specific Plan. In conjunction with the Project, the Planning Commission and City Council will consider Precise Plan of Design No. 2022-0065, in accordance with Chapter 18.65 (Precise Plan of Design) of the Rialto Municipal Code, to ensure that the design of the Project meets the City’s Design Guidelines and all required health and safety measures.
The Site is bound on the north by Valley Boulevard, on the east by Alice Avenue, and on the west by Willow Avenue. To the north of the project site, across Valley Boulevard, is self-storage facility and an approximately 36,000 square foot industrial building, and to the east, across Alice Avenue, is a San Bernardino County Flood Control flood channel. To the south is the same San Bernardino County Flood Control flood channel and the I-10 Freeway, and to the west, across Willow Avenue, is an approximately 24,000 square foot industrial building and a boat/jet ski dealership. The proposed development pertaining to the land consolidation is consistent with the proposed Industrial Park (I-P) zoning designation. The project is not expected to negatively impact any uses with the successful implementation of measures, such as landscape buffering and the installation of solid screen walls. Furthermore, construction impacts on the site will be limited through the strict enforcement of the allowable construction hours listed in Section 9.50.070 of the Rialto Municipal Code, as well as enforcement of regular watering of the site to limit airborne dust and other particulate matter. As a result, the Project is not likely to cause any public health problems.
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:
Upon completion of the Final Map, the required street dedication and proposed easements will be recorded and approved by the Engineering Services Department. Additionally, all required site adjacent improvements will be reviewed and approved by the Engineering Services Department and will be constructed prior to the issuance of the Certificate of Occupancy.
SECTION 3. An Initial Study (Environmental Assessment Review No. 2022-0067) has been prepared for GPA No. 2022-0002 in accordance with the California Environmental Quality Act (CEQA). Based on the findings and recommended mitigation with the Initial Study, staff determined that the project will not have an adverse impact on the environment, provided that mitigation measures are implemented, and a Mitigated Negative Declaration was prepared. The local newspaper published a copy of the Notice of Intent to adopt the Mitigated Negative Declaration for the project, and the City mailed the notice to all property owners within 1,000 feet of the project site for a public comment period held from April 17, 2023 to May 16, 2023. The Mitigated Negative Declaration was prepared in accordance with CEQA. On September 12, 2023, the City Council adopted the Mitigated Negative Declaration prepared for the Project.
SECTION 4. The City Council hereby approves TPM No. 20622 to allow the consolidation of ten (10) parcels of land (APNs: 0132-171-01, -02, -03, -04, -05, -08, -09, -10, -13 & 0254-111-01) located at the southeast corner of Valley Boulevard and Willow Avenue into one (1) 5.97 net-acre parcel of land, in accordance with the application on file with the Planning Division, subject to the following conditions:
TPM No. 20622 is approved allowing the consolidation of ten (10) parcels of land (APNs: 0132-171-01, -02, -03, -04, -05, -08, -09, -10, -13 & 0254-111-01) located at the southeast corner of Valley Boulevard and Willow Avenue into one (1) 5.97 net-acre parcel of land for the purpose of developing a 131,625 square foot industrial warehouse building, as shown on the tentative parcel map attached hereto as Exhibit “B”.
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.
The applicant shall indemnify, protect, defend, and hold harmless, the City of Rialto, and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof (collectively, the “City Parties”), from any and all claims, demands, law suits, writs of mandamus, and other actions and proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute resolutions procedures (including, but not limited to arbitrations, mediations, and other such procedures), (collectively “Actions”), brought against the City, and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or annul, the any action of, or any permit or approval issued by, the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof (including actions approved by the voters of the City), for or concerning the Project (collectively, the “Entitlements”), whether such Actions are brought under the California Environmental Quality Act, the Planning and Zoning Law, the Subdivision Map Act, Code of Civil Procedure Chapter 1085 or 1094.5, the California Public Records Act, or any other state, federal, or local statute, law, ordinance, rule, regulation, or any decision of a court of competent jurisdiction. This condition to indemnify, protect, defend, and hold the City harmless shall include, but not limited to (i) damages, fees and/or costs awarded against the City, if any, and (ii) cost of suit, attorneys’ fees and other costs, liabilities and expenses incurred in connection with such proceeding whether incurred by applicant, Property owner, or the City and/or other parties initiating or bringing such proceeding (collectively, subparts (i) and (ii) are the “Damages”). Notwithstanding anything to the contrary contained herein, the Applicant shall not be liable to the City Parties under this indemnity to the extent the Damages incurred by any of the City Parties in such Action(s) are a result of the City Parties’ fraud, intentional misconduct or gross negligence in connection with issuing the Entitlements. The applicant shall execute an agreement to indemnify, protect, defend, and hold the City harmless as stated herein within five (5) days of approval of TPM No. 20622.
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.
Approval of Tentative Parcel Map No. 20622 will not be valid until such time that the City Council of the City of Rialto has approved General Plan Amendment No. 2022-0002 and Specific Plan Amendment No. 2022-0003, which was prepared in conjunction with the Project.
The applicant shall complete and abide by all mitigation measures contained within the Mitigation Monitoring and Reporting Program associated with Environmental Assessment Review No. 2022-0067 prior to issuance of any Certificate of Occupancy.
The applicant shall secure the services of a tribal cultural monitor to be present during all ground disturbance activities associated with the construction of this project. The tribal 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.
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 to the Project.
All conditions of approval for TPM No. 20622 shall be completed to the satisfaction of the City Engineer prior to the issuance of a Certificate of Occupancy.
All improvements within the public right-of-way require a City of Rialto Encroachment Permit.
A City of Rialto Off-site Construction Permit is required for any improvements within 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 traffic control plan which includes all phases of construction in the public right-of-way i.e. sewer, water, overhead, underground, etc. prior to the issuance of Off-Site Construction Permit/Encroachment Permit. Note, in an effort to simplify the permitting process, a single master Off-Site Construction Permit shall replace individual Encroachment Permits to be pulled by the applicant's contractor.
At the discretion of the City Engineer, the applicant shall apply for annexation of the underlying property into City of Rialto Landscape and Lighting Maintenance District No. 2 (“LLMD 2”) or enter into a landscape maintenance agreement to be recorded on the property. An application fee of $5,000 shall be paid at the time of application. Annexation into LLMD 2 is a condition of acceptance of any new median, parkway, and/or easement landscaping, or any new public street lighting improvements, to be maintained by the City of Rialto. All final approved plans and documents required for the annexation shall be submitted by the property owner prior to issuance of a building permit. The annexation process shall be completed prior to recordation of any applicable Final Tract/Parcel Maps. For developments with no Final Maps or if the Final Map does not create any new parcels, the annexation process shall be completed prior to issuance of any certificate of occupancy. Due to the required City Council Public Hearing action, the annexation process takes months and as such the developer is advised to submit all plans and documents required for Special District annexation as early-on in the in the plan review and permitting process to avoid any delays with issuance of permit(s) and certificate(s) of occupancy or approval of final map(s).
The applicant shall submit off-site landscaping and irrigation system improvement plans for review and approval at the time of first (1st) public improvement plan submittal to the Engineering Services Department. The parkway irrigation system shall be separately metered from the on-site private irrigation to be maintained for a period of one (1) year and annexed into a Special District. The off-site landscape and irrigation plans must show separate electrical and water meters to be annexed into the Landscape and Lighting Maintenance District No. 2 via a City Council Public Hearing. The landscape and irrigation plans shall be approved concurrently with the street improvement plans, including the median portion, prior to issuance of a building permit. The landscaping architect must contact the City of Rialto Landscape Contract Specialist 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 installed at or near street intersections or within a raised median to avoid burdensome traffic control set-up during ongoing maintenance. The off-site Landscape and Irrigation plans shall be designed in accordance with the Maintenance and Facilities’ Landscape Maintenance District Guidelines.
If the property is accepted into 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 acceptance. Any landscaping that fails during the one year landscape maintenance 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. The applicant must contact the City of Rialto Landscape Contract Specialist at (909) 772-2635 to confirm a full twelve (12) months’ time of non-interrupted ongoing maintenance.
The applicant shall install City Engineer approved deep root barriers, in accordance with the Engineering Services Department Landscape and Irrigation Guidelines, for all trees installed within ten (10) feet of the public sidewalk and/or curb.
All new street lights shall be installed on an independently metered, City-owned underground electrical system. The developer shall be responsible for applying with Southern California Edison (“SCE”) for all appropriate service points and electrical meters. New meter pedestals shall be installed, and electrical service paid by the developer, until such time as the underlying property is annexed into LLMD 2. The City shall not pay the charges for electrical service until the landscape and irrigation is accepted after the one-year maintenance period and the underlying property is annexed into LLMD 2.
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 project frontages of Valley Boulevard, Willow Avenue, and Alice Avenue, as determined necessary by the City Engineer. New marbelite streetlight poles with LED light fixtures shall be installed in accordance with City of Rialto Standard Drawings, as determined necessary by the City Engineer. Additionally, the applicant shall provide 2” conduit and pull boxes along the opposite side of the street for continuation of the streetlight system for future built out.
The applicant shall submit street improvement plans by a registered California civil engineer to the Engineering Services Department for review. The plans shall be approved by the City Engineer prior to the approval of Parcel Map No. 20622.
The applicant shall submit street light improvement plans by a registered California civil engineer to the Engineering Services Department for review. The plans shall be approved by the City Engineer prior to the approval of Parcel Map No. 20622.
The applicant shall submit sewer improvement plans by a registered California civil engineer to the Engineering Services Department for review. The plans shall be approved by the City Engineer prior to the approval of Parcel Map No. 20622.
The applicant shall submit traffic and signage improvement plans by a registered California civil engineer or traffic engineer to the Engineering Services Department for review. The traffic striping and signage plans must include required Class II thermoplastic Bicycle Facilities as referenced on the San Bernardino County Non-Motorized Transportation Plan – June 2018, Figure 5.36, Sheet 5-150. The plans shall be approved by the City Engineer prior to the approval of Parcel Map No. 20622.
The applicant shall submit copies of approved water improvement plans prepared by a registered California civil engineer to the Engineering Services Department for record purposes. The plans shall be approved by Rialto Water Services, the City’s water purveyor, prior to the approval of Parcel Map No. 20622.
The applicant shall submit a Precise Grading/Paving Plan prepared by a California registered civil engineer to the Engineering Services Department for review and approval. The Grading Plan shall be approved by the City Engineer prior to approval of Parcel Map No. 20622 and prior to the issuance of any building permit.
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 plan for the proposed development. A copy of the Geotechnical/Soils Report shall be submitted to the Engineering Services Department with the first submittal of the Precise Grading Plan.
The applicant shall submit civil engineering design plans, reports and/or documents, prepared by a registered/licensed civil engineer, for review and approval by the City 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 following:
ROUGH GRADE W/ EROSION CONTROL PLAN as needed (prior to grading permit issuance) PRECISE GRADE W/ EROSION CONTROL PLAN (prior to grading permit issuance) PUBLIC IMPROVEMENT PLANS: Street Improvement, Signing and Striping, Sewer and Water, Street Light, Landscape and Irrigation. (off-site construction permit issuance) FINAL DRAINAGE STUDY (prior to grading plan approval)
FINAL WQMP (prior to grading plan approval)
LEGAL DOCUMENTS: dedication along Valley Boulevard, Willow Avenue, and Alice Avenue (e.g. (prior to building permit Issuance) AS-BUILT/RECORD DRAWINGS for all plans (prior to occupancy release) The applicant shall provide rough grade (pad elevation) certification, engineered-fill certification, and compaction report for all building pads in conformance with the approved rough or precise grading plan, to the Engineering Services Department prior to construction of any building foundation or issuance of building permit.
The applicant shall provide precise/final grade certification prior to Certificate of Occupancy approval.
The public and street improvements outlined in these conditions of approval are intended to convey to the developer an accurate scope of required improvements, however, the City Engineer reserves the right to require reasonable additional improvements as may be determined in the course of the review and approval of street improvement plans required by these conditions.
The applicant shall construct asphalt concrete paving for streets in two separate lifts. 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 authorization, paving of streets in one lift prior to completion of on-site construction is not allowed. If City Engineer authorized, completion of asphalt concrete paving for streets prior to completion of on-site construction activities, requires additional paving requirements prior to acceptance of the street improvements, including, but not limited to: removal and replacement of damaged asphalt concrete pavement, overlay, slurry seal, or other repairs, as required by the City Engineer.
The applicant shall repair all street cuts for utilities in accordance with City Standard SC-231 within 72 hours of completion of the utility work; and any interim trench repairs shall consist of compacted backfill to the bottom of the pavement structural section followed by placement of standard base course material in accordance with the Standard 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 pavement surface and provide a smooth pavement surface until permanent cap paving occurs using an acceptable surface course material.
In accordance with City Ordinance No. 1589, adopted to preserve newly paved streets, all street and/or trench cuts in street newly paved or slurry will be subject to moratorium street repair standards as referenced in Section 11.04.145 of the Rialto Municipal Code. Contact the Engineering Services Department for a list of streets subject to the moratorium.
The applicant shall backfill and/or repair any and all utility trenches or other excavations within existing asphalt concrete pavement of off-site streets resulting from the proposed development, in accordance with City of Rialto Standard Drawings. The applicant shall be responsible for removing, grinding, paving and/or overlaying existing asphalt concrete pavement of off-site streets including pavement repairs in addition to pavement repairs made by utility companies for utilities installed for the benefit of the proposed development (i.e. West Valley Water District, Southern California Edison, Southern California Gas Company, Time Warner, Verizon, etc.). Multiple excavations, trenches, and other street cuts within existing asphalt concrete pavement of off-site streets resulting from the proposed development may require complete grinding and asphalt concrete overlay of the affected off-site streets, at the discretion of the City Engineer. The pavement condition of the existing off-site streets shall be returned to a condition equal to or better than what existed prior to construction of the proposed development.
In accordance with Chapter 15.32 of the City of Rialto Municipal Code, all existing and 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 lines, which are on-site, abutting, and/or transecting, shall be installed underground. Utility undergrounding shall extend to the nearest off-site power pole; no new power poles or guy wire poles shall be installed unless otherwise approved by the City Engineer. A letter from the owners of the affected utilities shall be submitted to the City Engineer prior to approval of the Grading Plan, informing the City that they have been notified of the City’s utility undergrounding requirement and their intent to commence design of utility undergrounding plans. When available, the utility undergrounding plan shall be submitted to the City Engineer identifying all above ground facilities in the area of the project to be undergrounded.
The applicant shall replace all damaged, destroyed, or modified pavement legends, traffic control devices, signing, striping, and streetlights, associated with the proposed development prior to the issuance of a Certificate of Occupancy.
The applicant shall provide construction signage, lighting and barricading during all phases of construction as required by City Standards or as directed by the City Engineer. As a minimum, all construction signing, lighting and barricading shall be in accordance with Part 6 “Temporary Traffic Control” of the 2014 California Manual on Uniform Traffic Control Devices, or subsequent editions in force at the time of construction.
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 (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 submitted to the City may be authorized, upon prior approval by the City Engineer.
The applicant shall construct 4-inch conduit within the parkway area along the entire project frontages of Valley Boulevard, Willow Avenue, and Alice Avenue for future use.
The applicant shall dedicate and/or vacate additional right-of-way along the entire frontage of Valley Boulevard, as necessary, to provide the ultimate half-width of 60 feet, as required by the City Engineer.
The applicant shall dedicate and/or vacate additional right-of-way along the entire frontage of Willow Avenue, as necessary, to provide the ultimate half-width of 32 feet, as required by the City Engineer.
The applicant shall dedicate and/or vacate additional right-of-way along the entire frontage of Alice Avenue, as necessary, to provide the ultimate half-width of 32 feet, as required by the City Engineer.
The applicant shall construct an 8-inch curb and gutter along the entire frontage of Valley Boulevard 48 feet south of centerline, in accordance with City of Rialto Standard Drawings and the General Plan or applicable Specific Plan, prior to the issuance of a Certificate of Occupancy.
The applicant shall construct an 8-inch curb and gutter along the entire frontage of Willow Avenue 20 feet east of centerline, in accordance with City of Rialto Standard Drawings and the General Plan or applicable Specific Plan, prior to the issuance of a Certificate of Occupancy.
The applicant shall construct an 8-inch curb and gutter along the entire frontage of Alice Avenue 20 feet west of centerline, in accordance with City of Rialto Standard Drawings and the General Plan or applicable Specific Plan, prior to the issuance of a Certificate of Occupancy.
The applicant shall construct a 5.5-foot-wide sidewalk located adjacent to the curb along the along the entire project frontages of Valley Boulevard, Willow Avenue, and Alice Avenue, in accordance with City of Rialto Standard Drawings and in compliance with the Americans with Disabilities Act (ADA) and the California Building Code (CBC), prior to the issuance of a Certificate of Occupancy.
The applicant shall replace any existing non-compliant, damaged, or unsatisfactory sidewalk along the project frontage to the satisfaction of the City Engineer, prior to the issuance of a Certificate of Occupancy.
The applicant shall dedicate additional right-of-way as may be required to provide a property line corner cutback at the southeast corner of the intersection of Valley Boulevard and Willow Avenue, in accordance with City Standard SC-235, as required by the City Engineer.
The applicant shall dedicate additional right-of-way as may be required to provide property line corner cutbacks at the northeast and southeast corners of the intersection of Willow Avenue and the proposed driveway connected to Willow Avenue, in accordance with City Standard SC-235, as required by the City Engineer.
The applicant shall dedicate additional right-of-way as may be required to provide property line corner cutbacks at the northwest and southwest corners of the intersection of Alice Avenue and the proposed driveway connected to Alice Avenue, in accordance with City Standard SC-235, as required by the City Engineer.
The applicant shall construct a new forty (40) foot wide commercial driveway approach on the south end of the Willow Avenue frontage, in accordance with City of Rialto Standard Drawing No. SC-214, or as otherwise approved by the City Engineer. Nothing shall be constructed or planted in the corner cut-off area which does exceed or will exceed 30 inches in height in order to maintain an appropriate corner sight distance, as required by the City Engineer. If necessary, additional right of way shall be dedicated on-site to construct a path of travel meeting ADA guidelines for the public.
The applicant shall construct a new forty (40) foot wide commercial driveway approach on the south end of the Alice Avenue frontage, in accordance with City of Rialto Standard Drawing No. SC-214, or as otherwise approved by the City Engineer. Nothing shall be constructed or planted in the corner cut-off area which does exceed or will exceed 30 inches in height in order to maintain an appropriate corner sight distance, as required by the City Engineer. If necessary, additional right of way shall be dedicated on-site to construct a path of travel meeting ADA guidelines for the public.
The applicant shall construct a curb ramp meeting current California State Accessibility standards at the southeast corner of the intersection of Valley Boulevard and Willow Avenue, in accordance with the City of Rialto Standard Drawings, prior to the issuance of a Certificate of Occupancy. The applicant shall provide a fully detailed curb return, ramp, and sidewalk approach design of a scale of one-inch equals ten-feet or larger with the street improvement plan submittal.
The applicant shall construct a curb ramp meeting current California State Accessibility standards at both the northeast and southeast corners of the intersection of Willow Avenue and the proposed driveway connected to Willow Avenue, in accordance with the City of Rialto Standard Drawings. The applicant shall ensure that an appropriate path of travel, meeting ADA guidelines, is provided across the driveway, and shall adjust the location of the access ramps, if necessary, to meet ADA guidelines, subject to the approval of the City Engineer. If necessary, additional pedestrian and sidewalk easements shall be provided on-site to construct a path of travel meeting ADA guidelines.
The applicant shall construct a curb ramp meeting current California State Accessibility standards at both the northwest and southwest corners of the intersection of Alice Avenue and the proposed driveway connected to Alice Avenue, in accordance with the City of Rialto Standard Drawings. The applicant shall ensure that an appropriate path of travel, meeting ADA guidelines, is provided across the driveway, and shall 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 guidelines.
The applicant shall construct a 2” X 4” Redwood Header, located at 12 feet east of Alice Avenue centerline along the entire frontage as required by the City Engineer, in accordance with City of Rialto Standard Drawings. Alternatively, an additional 2 feet of pavement may be placed in-lieu of the redwood header at the discretion of the City Engineer.
The applicant shall construct a 16-foot wide raised and landscaped median island along Valley Boulevard frontage of property, in accordance with City Standards and any applicable Specific Plan as approved by the City Engineer. The median nose width shall be constructed at 3 feet wide and shall have stamped concrete. The left turn pockets shall be designed in accordance with Section 405 of the current edition of the Caltrans Highway Design Manual, and/or as approved by the City Engineer. Alternatively, median in-lieu fees may be required at the discretion of the City Engineer.
At the discretion of the City Engineer, the applicant shall perform a 2-inch grind and overlay of the existing pavement of the south half of Valley Boulevard along the entire project frontage plus the #1 westbound lane and any left-turn lanes, prior to the issuance of a Certificate of Occupancy.
At the discretion of the City Engineer, the applicant shall remove existing pavement and construct new pavement for the easterly half street width along the project frontage of Willow Avenue and perform a 2-inch grind and overlay for the westerly half street width along the project frontage of Willow Avenue. The easterly minimum pavement section shall be 4 inches asphalt concrete pavement over 6 inches crushed aggregate base with a minimum subgrade of 24 inches at 95% relative compaction, or equal, along the entire half-width street frontage in accordance with City of Rialto Standard Drawings. The pavement section shall be determined using a Traffic Index (“TI”) of 10. The pavement section shall be designed by a California registered Geotechnical Engineer using "R" values from the project site and submitted to the City Engineer for approval.
At the discretion of the City Engineer, the applicant shall remove existing pavement and construct new pavement for half street width plus 12 feet along the entire project frontage of Alice Avenue. The minimum pavement section shall be 4 inches asphalt concrete pavement over 4 inches crushed aggregate base with a minimum subgrade of 24 inches at 95% relative compaction, or equal, along the entire half-width street frontage in accordance with City of Rialto Standard Drawings. The pavement section shall be determined using a Traffic Index (“TI”) of 10. The pavement section shall be designed by a California registered Geotechnical Engineer using "R" values from the project site and submitted to the City Engineer for approval.
Prior to placement of aggregate base and asphalt concrete, submit a Dirt (sub-grade) Grade certification and a Rock Grade certification for line and grade, respectively.
The applicant shall install Class II thermoplastic Bicycle Facilities, as refenced in the San Bernardino County Non-Motorized Transportation Plan – May 2014, Figure 5.41, along the entire project frontage of Valley Boulevard, prior to the issuance of a Certificate of Occupancy.
The applicant shall install “No Stopping Anytime” R26A(S)(CA) signage along the entire project frontages of Valley Boulevard, Willow Avenue, and Alice Avenue, as required by the City Engineer, prior to the issuance of a Certificate of Occupancy.
The applicant shall be responsible for coordinating with Omnitrans regarding the location of existing, proposed, and future bus stops along the property frontage of all public streets. The developer shall design street and sidewalk improvements in accordance with the latest Omnitrans bus stop guidelines and in compliance with current accessibility standards pursuant to the Americans with Disabilities Act (ADA) requirements. The developer shall design all bus stops to accommodate the Omnitrans Premium Shelters. Prior to Certificate of Occupancy, the developer shall submit to Engineering Services Department verification from Omnitrans acknowledging concurrence with the existing, proposed, and future bus stop improvements in conformance with the Premium Shelter design guidelines. Additionally, bus turnouts are required to accommodate proposed bus stops in accordance with the City Standards and as approved by the City Engineer.
The minimum pavement section for all on-site pavements shall be two (2) inches asphalt concrete pavement over four (4) inches crushed aggregate base with a minimum subgrade of twenty-four (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 Geotechnical Engineer using “R” values from the project site and submitted to the City Engineer for approval.
The applicant shall connect the project to the City of Rialto sewer system and apply for a sewer connection account with Rialto Water Services.
Domestic water service to the underlying property is provided by Rialto Water Services. The applicant shall be responsible for coordinating with Rialto Water Services and complying with all requirements for establishing domestic water service to the property. The design must include fire hydrants along Valley Boulevard, Willow Avenue, and Alice Avenue.
The applicant shall install a new domestic water line lateral connection to the main water line within either Valley Boulevard or Willow Avenue, pursuant to the Rialto Water Services requirements. A water line plan shall be approved by Rialto Water Services prior to approval of Parcel Map No. 20622.
The applicant shall provide certification from Rialto Water Services that demonstrates that all water and/or wastewater service accounts for the project are documented, prior to the issuance of a Certificate of Occupancy or final inspection approval from the Engineering Services Department.
The development of the site is subject to the requirements of the National Pollution Discharge Elimination System (NPDES) Permit for the City of Rialto, under the Santa Ana Regional Water Quality Control Board, Board Order No. R8-2010-0036. Pursuant to the NPDES Permit, the applicant shall ensure development of the site incorporates post-construction Best Management Practices (“BMPs”) in accordance with the Model Water Quality Management Plan (“WQMP”) approved for use for the Santa Ana River Watershed. The applicant is advised that applicable Site Design BMPs will be required to be incorporated into the final site design, pursuant to a site specific WQMP submitted to the City Engineer for review and approval.
The applicant shall submit a Water Quality Management Plan identifying site-specific Best Management Practices (“BMPs”) in accordance with the Model Water Quality Management Plan (“WQMP”) approved for use for the Santa Ana River Watershed. The site specific WQMP shall be submitted to the City Engineer for review and approval with the Grading Plan. A WQMP Maintenance Agreement shall be required, obligating the property owner(s) to appropriate operation and maintenance obligations of on-site BMPs constructed pursuant to the approved WQMP. The WQMP and Maintenance Agreement shall be approved prior to the issuance of any building permit and shall be recorded at the San Bernardino County Recorder’s Office prior to the issuance of a Certificate of Occupancy.
The applicant shall prepare a Notice of Intent (NOI) to comply with the California General Construction Stormwater Permit (Water Quality Order 2009-0009-DWQ as modified 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 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 maintain a Storm Water Pollution Prevention Plan (“SWPPP”) as required by the General Construction Permit. All appropriate measures to prevent erosion and water pollution during construction shall be implemented as required by the SWPPP.
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 runoff falling on the site, on-site retention or other facilities approved by the City Engineer shall be required to contain the increased stormwater runoff generated by the development of the property. Provide a hydrology study to determine the volume of increased stormwater runoff due to development of the site, and to determine required stormwater runoff mitigation measures for the proposed development. Final retention basin sizing and other stormwater runoff mitigation measures shall be determined upon review and approval of the hydrology study by the City Engineer and may require redesign or changes to site configuration or layout consistent with the findings of the final hydrology study. The volume of increased stormwater runoff to retain on-site shall be determined by comparing the existing “pre-developed” condition and proposed “developed” condition, using the 100-year frequency storm.
Direct release of on-site nuisance water or stormwater runoff shall not be permitted to the adjacent public streets. Provisions for the interception of nuisance water from entering adjacent public streets from the project site shall be provided through the use of a minor storm drain system that collects and conveys nuisance water to landscape or parkway areas, and in only a stormwater runoff condition, pass runoff directly to the streets through parkway or under sidewalk drains. All on-site and off-site designs must comply with NPDES stormwater regulations.
Prior to the issuance of a certificate of occupancy or final City approvals, the applicant shall demonstrate that all structural BMP’s have been constructed and installed in conformance with approved plans and specifications, and as identified in the approved WQMP.
The applicant shall provide a WQMP BMP certification, prior to the issuance of a Certificate of Occupancy.
Any utility trenches or other excavations within existing asphalt concrete pavement of off-site streets required by the proposed development shall be backfilled and repaired in accordance with City of Rialto Standard Drawings. The Applicant shall be responsible for removing, grinding, paving and/or overlaying existing asphalt concrete pavement of off-site streets as required by and at the discretion of the City Engineer, including additional pavement repairs to pavement repairs made by utility companies for utilities installed for the benefit of the proposed development (i.e. Rialto Water Services, Southern California Edison, Southern California Gas Company, Time Warner, Verizon, etc.). Multiple excavations, trenches, and other street cuts within existing asphalt concrete pavement of off-site streets required by the proposed development may require complete grinding and asphalt concrete overlay of the affected off-site streets, at the discretion of the City Engineer. The pavement condition of the existing off-site streets shall be returned to a condition equal to or better than existed prior to construction of the proposed development.
The applicant shall pay the Project Fair Share Cost established by the approved traffic impact study, and as recommended by the Transportation Commission on January 6, 2021, prior to the issuance of any building permits.
The applicant shall adhere to the City Council approved franchise agreements and disposal requirements during all construction activities, in accordance with Section 8.08 (Refuse Collection of the City of Rialto Municipal Code).
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 included if not already identified:
6 foot high tan colored perimeter screened fencing
Contractor information signage including contact information along the street frontage of Valley Boulevard.
Post dust control signage with the following verbiage: “Project Name, WDID No., IF YOU SEE DUST COMING FROM THIS PROJECT CALL: NAME (XXX) XXX-XXX, If you do not receive a response, please call the AQMD at 1-800-CUT-SMOG/1-800-228-7664” The applicant shall remove any graffiti within 24 hours, before, during, and post construction.
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” information and returned to the Engineering Division prior to issuance of a final certificate of occupancy. Any modifications or changes to approved improvement plans shall be submitted to the City Engineer for approval prior to construction.
The applicant shall submit a final parcel map (Parcel Map No. 20622), prepared by a California registered Land Surveyor or qualified Civil Engineer, to the Engineering Services Department for review and approval. A Title Report prepared for subdivision guarantee for the subject property, the traverse closures for the existing parcels and all lots created therefrom, and copies of record documents shall be submitted with Parcel Map No. 20622 to the Engineering Services Department as part of the review of the Map. Parcel Map No. 20622 shall be approved by the City Council prior to issuance of any building permits. Prior to approval of the Parcel Map by the City Council, provide a preliminary subdivision report from a title company and if applicable, provide evidence that Section 66436 of the Subdivision Map Act regarding interfering with the rights of easement holders has been addressed. Dedications to the public required by these conditions of approval shall be made via the Parcel Map, unless otherwise approved by the City Engineer.
In accordance with Government Code 66462, all required public improvements shall be completed prior to the approval of a final map (Parcel Map No. 20622). 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. 20622. The applicant will be required to secure the Subdivision Improvement Agreement pursuant to Government Code 66499 in amounts determined by the City Engineer.
The applicant shall comply with all other applicable State and local ordinances.
The applicant shall comply with all conditions of approval contained in GPA No. 2022-0002, SPA No. 2022-0003, CDP No. 2022-0039, and PPD No. 2022-0065 to the extent they are not in conflict with any condition of approval herein.
Pursuant to Section 17.16.050A of the Rialto Municipal Code, approval of TPM No. 20622 is granted for a period of twenty-four (24) months from the effective date of this resolution. Pursuant to Section 17.16.050C of the Rialto Municipal Code, an extension of time for TPM No. 20622 may be granted by the Planning Commission for a period or periods not to exceed a total of thirty-six (36) months. The period or periods of extension shall be in addition to the original twenty-four (24) months. An application shall be filed with the Planning Division for each extension together with the required fee prior to the expiration date of TPM No. 20622.
SECTION 5. The Mayor shall sign as to the passage and adoption of this resolution and thereupon the same shall take effect and be in force.
PASSED, APPROVED AND ADOPTED this 12th day of September, 2023. _________________________________
DEBORAH ROBERTSON, MAYOR
ATTEST:
__________________________________
BARBARA MCGEE, CITY CLERK
APPROVED AS TO FORM:
__________________________________
ERIC S. VAIL, CITY ATTORNEY
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss
CITY OF RIALTO )
I, BARBARA MCGEE, City Clerk of the City of Rialto, do hereby certify that the foregoing Resolution No. _________ was duly passed and adopted at a regular meeting of the City Council of the City of Rialto held on the ______ day of ___________________, 2023.
Upon motion of Councilmember _______________, seconded by Councilmember ___________________, the foregoing Resolution No. _________ was duly passed and adopted.
Vote on the motion:
AYES:
NOES:
ABSENT:
IN WITNESS WHEREOF, I have hereunto set my hand and the Official Seal of the City of Rialto this ______ day of __________________, 2023. ________________________________
BARBARA MCGEE, CITY CLERK
Exhibit “A”
Exhibit “B”
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