RESOLUTION NO. XXXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RIALTO, CALIFORNIA, DENYING TENTATIVE PARCEL MAP NO. 2020-0001, CONDITIONAL DEVELOPMENT PERMIT NO. 2020-0002, AND PRECISE PLAN OF DESIGN NO. 2020-0003.
WHEREAS, the applicant, Crow Holding Industrial, LLC, (“Applicant”) proposes to subdivide one (1) parcel of land (APN: 0264-213-18) located on the north side of Baseline Road approximately 350 feet east of Fitzgerald Avenue within the Airport-Related Planned Industrial Development (I-AR) land use district of the Rialto Airport Specific Plan (“Site”) into two (2) new parcels – Parcel 1 (18.29 net acres) and Parcel 2 (12.80 net acres), develop and operate a 430,581 square foot industrial warehouse building on Parcel 1, and develop and operate a 249,026 square foot industrial warehouse building on Parcel 2 (“Project”); and WHEREAS, Pursuant to Section 17.16.040 of the Rialto Municipal Code, the Project requires a Tentative Parcel Map, and the applicant has agreed to apply for Tentative Parcel Map No. 2020-0001, also referred to as Tentative Parcel Map No. 20195 (“TPM No. 20195”); and WHEREAS, Pursuant to Ordinance Nos. 1394 and 1633, the Project within the I-AR land use district requires a Conditional Development Permit, and the applicant has agreed to apply for Conditional Development Permit No. 2020-0002 (“CDP No. 2020-0002”); and WHEREAS, Pursuant to Section 18.65.010 of the Rialto Municipal Code, the Project requires a Precise Plan of Design, and the applicant has agreed to apply for Precise Plan of Design No. 2020-0003 (“PPD No. 2020-0003”); and WHEREAS, 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; 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 of 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.
SECTION 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, project plans, other documents, and the conditions of approval stated herein, the City Council hereby determines that TPM No. 20195 does not satisfy the requirements of Government Code Sections 66473.5 and 66474 pertaining to the findings which must be made precedent to approving a tentative map. As documented below, the Project does not satisfy finding number 6. The findings are as follows:
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 will generate an increase in truck traffic to the local streets, which will negatively impact the efficiency of traffic in the immediate area. The Traffic Impact Study prepared for the Project identified six (6) intersections in the immediate area that will operate at an unacceptable Level of Service “E” or worse with existing, project, cumulative, and ambient growth conditions, and did not provide any direct solution or program to physically address the deficiencies.
Additionally, as documented in the Environmental Impact Report (Environmental Assessment Review No. 2020-0003) prepared for the Project, the Project will result in a significant and unavoidable impact with respect to transportation/traffic, specifically vehicle miles travelled.
SECTION 3. Based on substantial evidence presented to the City Council during the public hearing conducted with regard to CDP No. 2020-0002, including written staff reports, verbal testimony, project plans, other documents, and the conditions of approval stated herein, the City Council hereby determines that CDP No. 2020-0002 does not satisfy 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. As document below, the Project does not satisfy findings number 1, 2, and 6. The findings are as follows:
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.
This finding is supported by the following facts:
The Project will generate an increase in truck traffic to the local streets, which will negatively impact the efficiency of traffic in the immediate area. The Traffic Impact Analysis prepared for the Project identified six (6) intersections in the immediate area that will operate at an unacceptable Level of Service “E” or worse with existing, project, cumulative, and ambient growth conditions, and did not provide any direct solution or program to physically address the deficiencies.
Additionally, as documented in the Environmental Impact Report (Environmental Assessment Review No. 2020-0003) prepared for the Project, the Project will result in a significant and unavoidable impact with respect to transportation/traffic, specifically vehicle miles travelled.
The proposed use will not be detrimental or injurious to health, safety, or general welfare of persons residing or working in the vicinity.
The Project will generate harmful pollution through construction, operational, and mobile emission sources, including but not limited to Carbon Monoxide (CO), Nitrogen Oxide (NOx), etc., that will disperse throughout the area around the Site.
Additionally, the Project will increase passenger vehicle and truck traffic in the immediate area, which will create further traffic delays on local streets that will negatively affect persons residing or working in the vicinity.
6. 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.
The Project will generate an increase in passenger vehicle traffic, truck traffic, and air pollution that will affect the surrounding properties, including the sensitive residential properties to the south of the Site, the public park to the north of the Site, and also throughout the immediate area. These adverse effects do not outweigh any benefits posed by the implementation of the Project.
SECTION 4. Based on substantial evidence presented to the City Council during the public hearing conducted with regard to PPD No. 2020-0003, including written staff reports, verbal testimony, project plans, other documents, and the conditions of approval stated herein, the City Council hereby determines that PPD No. 2020-0003 does not satisfy the requirements of Section 18.65.020E of the Rialto Municipal Code pertaining to the findings which must be made precedent to granting a Precise Plan of Design. As documented below, the Project does not satisfy finding number 3. The findings are as follows:
The proposed development will not unreasonably interfere with the use or enjoyment of neighboring property rights or endanger the peace, health, safety or welfare of the general public.
This finding is supported by the following facts:
The Project will generate harmful pollution through construction, operational, and mobile emission sources, including but not limited to Carbon Monoxide (CO), Nitrogen Oxide (NOx), etc., that will disperse throughout the area around the Site. Additionally, the Project will increase passenger vehicle traffic and truck traffic in the immediate area, which will create further traffic delays on local streets that will negatively affect persons residing or working in the vicinity.
The increase in traffic and air pollution by the Project will negatively affect the health, safety, and welfare of those residing or working in the immediate area, particularly the sensitive residential receptors to the south of the Site and the public park to the north of the Site.
SECTION 5. The City Council hereby denies Tentative Parcel Map No. 20195, Conditional Development Permit No. 2020-0002, and Precise Plan of Design No. 2020-0003 on the grounds that the Project will be a detriment to the air quality and the level of service of traffic in the immediate area, that the benefits provided by the Project do not outweigh the negative impacts of the Project, and that the Project does not comply with the required findings necessary for approval contained in Government Code Sections 66473.5 and 66474, Section 18.66.020 of the Rialto Municipal Code, and Section 18.65.020E of the Rialto Municipal Code.
SECTION 6. The Mayor shall sign the passage and adoption of this resolution and thereupon the same shall take effect and be in force.
PASSED, APPROVED AND ADOPTED this 12th day of September, 2023. _________________________________
DEBORAH ROBERTSON, MAYOR
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
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