RESOLUTION NO. XXXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RIALTO, CALIFORNIA ApprovING conditional development permit no. 2022-0039 allowING THE DEVELOPMENT and operation OF A 131,625 SQUARE FOOT INDUSTRIAL WAREHOUSE BUILDING on approximately 5.97 oF land (APNS: 0132-171-01, -02, -03, -04, -05, -08, -09, -10, -13 & 0254-111-01) located at the southeast corner OF Valley Boulevard and Willow AVENUE.
WHEREAS, the applicant, Patriot Development Partners, LLC, proposes to develop and operate a 131,625 square foot industrial warehouse building (“Project”) on approximately 5.97 acres of land (APNs: 0132-171-01, -02, -03, -04, -05, -08, -09, -10, -13 & 0254-111-01) located at the southeast corner of Valley Boulevard and Willow Avenue (“Site”); and WHEREAS, the Project will consist of 3,000 square feet of office space on the ground floor, 4,500 square feet of office space on the second floor, and 125,125 square feet of warehouse space with fourteen (14) dock-high loading doors, which will be located on the south side of the building; and WHEREAS, Pursuant to Chapter 18.112 (Indoor Storage Uses) of the Rialto Municipal Code, the Project requires a Conditional Development Permit, and the applicant agreed to apply for Conditional Development Permit No. 2022-0039 (“CDP No. 2022-0039”); and WHEREAS, in conjunction herewith, the applicant has submitted General Plan Amendment No. 2022-0002 to change the general plan land use designation of the Site from General Commercial (GC) with a Specific Plan Overlay to Business Park (BP) with a Specific Plan Overlay (“GPA No. 2022-0002”); and WHEREAS, in conjunction herewith, the applicant has submitted Specific Plan Amendment No. 2022-0003 to change the specific plan zoning designation of the Site 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 Tentative Parcel Map No. 2022-0005, also referred to as Tentative Parcel Map No. 20622, in accordance with the Subdivision Map Act (Government Code §§ 66410 et seq.), to consolidate the ten (10) parcels of land within the Site into one (1) 5.97 net acre parcel of land (“TPM No. 20622”); and); 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, on August 9, 2023, the Planning Commission of the City of Rialto conducted a duly noticed public hearing, as required by law, on CDP No. 2022-0039, GPA No. 2022-0002, SPA No. 2022-0003, 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 CDP No. 2022-0039, GPA No. 2022-0002, SPA No. 2022-0003, 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 CDP No. 2020-0006, GPA No. 2020-0001, SPA No. 2020-0001, VAR No. 2020-0001, and PPD No. 2020-0012 to the City Council; and WHEREAS, on November 15, 2022, the City Council conducted a duly noticed public hearing, as required by law, on CDP No. 2020-0006, GPA No. 2020-0001, SPA No. 2020-0001, VAR No. 2020-0001, and PPD No. 2020-0012, took testimony, at which time it received input from staff, the city attorney, and the applicant; heard public testimony, discussed CDP No. 2020-0006, GPA No. 2020-0001, SPA No. 2020-0001, VAR No. 2020-0001, and PPD No. 2020-0012; 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 CDP No. 2022-0039, including written staff reports, verbal testimony, site plans, other documents, and the conditions of approval stated herein, the City Council hereby determines that CDP No. 2022-0039 satisfies the requirements of Section 18.66.020 of the Rialto Municipal Code pertaining to the findings which must be made precedent to granting a conditional development permit, which findings are as follows:
1. The proposed use is deemed essential or desirable to provide a service or facility which will contribute to the convenience or general well-being of the neighborhood or community; and This finding is supported by the following facts:
The Site is expansive in size, developed with several small structures, under-developed in terms of physical improvements, and portion of the Site have been used for storage of trucks, trailers, and various types of materials for many years. The Project will develop the highest and best use for the Site, in accordance with the proposed Industrial Park (I-P) zone of the Gateway Specific Plan. Additionally, the Project will provide employment opportunities within the City and reduce blight by implementing a use on non-conforming, semi-improved land.
2. The proposed use will not be detrimental or injurious to health, safety, or general welfare of persons residing or working in the vicinity; and This finding is supported by the following facts:
The development of an industrial warehouse building on the Site is consistent with the proposed Industrial Park (I-P) zone, which conditionally permits the development and operation of industrial warehouse buildings. To the north of the project site, across Valley Boulevard, is self-storage facility and an approximately 36,000 square foot industrial 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 zoning designation of the Site and the zoning designation of the properties to the west is I-P. The Project is consistent with the proposed I-P zoning designation and the surrounding developments. The nearby area is predominantly designated for and developed with industrial uses, and as a result, there are no sensitive land uses adjacent to or across the street from the project site. The project is not expected to negatively impact any uses with the successful implementation of measures such as landscape buffering, the installation of solid screen walls, and aesthetic building enhancements.
3. The site for the proposed use is adequate in size, shape, topography, accessibility and other physical characteristics to accommodate the proposed use in a manner compatible with existing land uses; and This finding is supported by the following facts:
The Site is approximately 5.97 acres in size, is fairly level, and adjacent to three (3) public streets, which will be able to accommodate the proposed use. The Project will have two (3) points of access – one (1) via Willow Avenue and one (1) via Alice Avenue. The driveway on Willow Avenue will provide left-in/right-out for both trucks and passenger vehicles and the driveway on Alice Avenue will provide right-in/left-out access for trucks and passenger vehicles. In addition, the building will have 91 parking spaces, which exceeds the amount required by Chapter 18.58 (Off-Street Parking) of the Rialto Municipal Code.
4. The site has adequate access to those utilities and other services required for the proposed use; and This finding is supported by the following facts:
The Site will have adequate access to all utilities and services required through main water, electric, sewer, and other utility lines that will be hooked up to the Site.
5. The proposed use will be arranged, designed, constructed, and maintained so as it will not be injurious to property or improvements in the vicinity or otherwise be inharmonious with the General Plan and its objectives, the Gateway Specific Plan, or any zoning ordinances, and This finding is supported by the following facts:
As previously stated, the proposed use is consistent with the proposed BP general plan land use designation and proposed I-P zoning designation. The design of the Project includes a solid concrete screen wall along the truck court such that none of the dock doors will be visible from the public right-of-way, the building will have 91 parking spaces, and the Project will have a Floor Area Ratio (FAR) of 50.1 percent, all of which comply with the proposed BP general plan land use designation, the proposed I-P zone, the Gateway Specific Plan, and the City’s Design Guidelines. Additionally, forty (40) foot wide landscaped setbacks will be provided along the entire frontages of Valley Boulevard, Willow Avenue, and Alice Avenue. Landscaping will be abundantly incorporated into the Site, as the landscape coverage for the project is 24.0 percent, which exceeds the minimum required amount of 10.0 percent.
Any potential adverse effects upon the surrounding properties will be minimized to every extent practical and any remaining adverse effects shall be outweighed by the benefits conferred upon the community or neighborhood as a whole.
This finding is supported by the following facts:
The Project’s effects will be minimized through the implementation of the Conditions of Approval contained herein, and through the implementation of Conditions of Approval imposed by the City Council on the Precise Plan of Design, such as extensive landscaping, solid screen walls, decorative paving, and enhanced architectural features. The development of a high-quality industrial development will provide additional employment opportunities for residents and visitors to the City. The Project will also serve to develop a piece of land, which has remained non-conforming and under-developed. The Project is consistent with the proposed I-P zoning designation and the surrounding land uses. The nearby area is predominantly designated for and developed with industrial uses, and as a result, there are no sensitive land uses adjacent to or across the street from the project site. The project is not expected to negatively impact any uses with the successful implementation of measures such as landscape buffering, the installation of solid screen walls, and aesthetic building enhancements. Therefore, any potential adverse effects are outweighed by the benefits conferred upon the community and neighborhood as a whole.
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 CDP No. 2022-0039, in accordance with the plans and application on file with the Planning Division, subject to the following conditions:
The approval is granted allowing the development and operation of a 131,625 square foot industrial warehouse building on approximately 5.97 acres of land (APNs: 0132-171-01, -02, -03, -04, -05, -08, -09, -10, -13 & 0254-111-01) located at the southeast corner of Valley Boulevard and Willow Avenue, as shown on the plans attached as Exhibit A and as approved by the City Council. If the Conditions of Approval specified herein are not satisfied or otherwise completed, the project shall be subject to revocation.
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 be limited to (i) damages, fees and/or costs awarded against the City, if any, and (ii) cost of suit, attorneys’ fees and other costs, liabilities and expenses incurred in 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 CDP No. 2022-00039.
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.
The tenants within the building shall always conduct operations consistent with the environmental analysis contained within the Environmental Impact Report (Environmental Assessment Review No. 2022-0067) adopted for the Project.
The property owner(s) and building tenants shall always abide by all operational mitigation measures contained within the Mitigation Monitoring and Reporting Program associated with the Environmental Impact Report (Environmental Assessment Review No. 2020-0067) adopted for the Project.
The Project shall be limited to a maximum of 142 actual passenger car trips and 95 actual truck trips daily, in accordance with the Trip Generation Summary of the Focused Traffic Analysis prepared for the Project by Dudek, Inc. and dated April 26, 2023.
The applicant, landlord, and/or tenant(s) shall ensure that all inbound truck traffic that requires temporary queuing or staging do so on-site. Inbound truck traffic shall not queue or stage on any public street at any time. Activities on-site shall not operate in such a manner that would impact traffic lanes, cause back up (queuing or staging) of vehicles into the public-right-of-way, or create any unsafe conditions. Fire and Police access and passage around trucks queuing or staging on-site shall be feasible at all times and activities shall not block parking areas, access or passage for disabled persons or emergency response vehicles.
The applicant, landlord, and/or tenant(s) shall only park or store trucks and trailers within designated truck/trailer parking spaces adjacent to the dock doors. No trucks or trailers shall be parked or stored within any drive-aisles or passenger vehicle parking areas at any time.
The landlord and/or tenant(s) shall not store any product, goods, materials, etc. outside of the building at any time, except for trucks, trailers, and vehicles associated with the operation(s) conducted within the building, without prior approval of a separate Conditional Development Permit in accordance with Chapter 18.104 (Outdoor Storage Uses) of the Rialto Municipal Code.
The privileges granted by the Planning Commission pursuant to approval of this Conditional Development Permit are valid for one (1) year from the effective date of approval. If the applicant fails to commence the project within one year of said effective date, this conditional development permit shall be null and void and any privileges granted hereunder shall terminate automatically. If the applicant or his or her successor in interest commence the project within one year of the effective date of approval, the privileges granted hereunder will continue inured to the property as long as the property is used for the purpose for which the conditional development permit was granted, and such use remains compatible with adjacent property uses.
Approval of CDP No. 2022-0039 will not become effective until the applicant has signed a statement acknowledging awareness and acceptance of the required conditions of approval contained herein.
In the event, that any operation on the Site is found to be objectionable or incompatible with the character of the City and its environs due to excessive noise, excessive traffic, loitering, criminal activity or other undesirable characteristics including, but not strictly limited to, uses which are or have become offensive to neighboring property or the goals and objectives of the proposed Industrial Park (I-P) zoning district of the Gateway Specific Plan and the City’s General Plan, the applicant shall address the issues within forty-eight (48) hours of being notified by the City.
If the applicant fails to comply with any of the conditions of approval placed upon CDP No. 2022-0039, GPA No. 2022-0002, SPA No. 2022-0003, TPM No. 20622, or PPD No. 2022-0065, the Planning Commission may initiate proceedings to revoke the conditional development permit in accordance with the provisions of Sections 18.66.070 through 18.66.090, inclusive, of the Rialto Municipal Code. Conditional Development Permit No. 2022-0039 may be revoked, suspended, or modified in accordance with Section 18.66.070 of the Zoning Ordinance at the discretion of the Planning Commission if:
a) The use for which such approval was granted has ceased to exist, been subsequently modified, or has been suspended for six (6) months or more; Any of the express conditions or terms of such permit are violated; The use for which such approval was granted becomes or is found to be objectionable or incompatible with the character of the City and its environs due to excessive noise, excessive traffic, loitering, criminal activity or other undesirable characteristics including, but not strictly limited to uses which are or have become offensive to neighboring property or the goals and objectives of the Industrial Park (I-P) zoning district of the Gateway Specific Plan, and the City’s General Plan.
SECTION 5. The Chairman of the Planning Commission 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”
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