CITY CLERK'S DATE STAMP
CITY OF RIALTO
PLANNING COMMISSION CITY OF RIALTO
APPEAL FORM 2023 AUG 10 PM 5:51
RECEIVED
CITY CLER*
1. A filing fee of $1,369.60 must accompany this Appeal Form. Check made payable to the City of Rialto.
2. Appeal Form and Filing Fee must be submitted to the City Clerk's Office within 15 days after the decision.
RETURN TO: Rialto City Clerk's Office Mail: 150 S. Palm Ave., Rialto, CA 92376 Address: 290 W. Rialto Ave., Rialto, CA 92376 APPELLANT INFORMATION:
Ana Gonzalez
FULL NAME
509 w. 2nd st. 909) 275-9872
ADDRESS TELEPHONE NO.
Rialto CA 92374
CITY, STATE & ZIP ALTERNATE TELEPHONE NO.
_APPLICANT BONAFIDE AGENT _ CITY DEPARTMENT XX PROPERTY OWNER WITHIN 300 FEET
1. DATE OF PLANNING COMMISSION ACTION: uly 24, 2023
PROJECT LOCATION/ADDRESS:
80 436W. Rialto Ane. Rialto CA 92376
2. PLEASE INDICATE WHY YOU ARE APPEALING THIS DECISION:
Please sue attached document
stel
DO NOT WRITE IN THIS SPACE
SIGNATURE OF APPELLANTOR AGENT
Received by:
Set Public Hearing Date: 8/10/23
DATE
Public Hearing Date:
7/09
CITY OF RIALTO
August 10, 2023
2023 AUG 10 PM 5:5l
To: Mayor Robertson, Rialto Council, Rialto City Manager, City Clerk, Community EIVED
CITY CLERK
Development/Planning Department,
I am exercising my right to appeal the planning commission approval on July 26, 2023, of the proposed warehouse project on 436 W Rialto Ave. Rialto, CA 92376.
Conditional Development Permit No. 2022-0002: A request to allow the redevelopment and reuse of an existing industrial site with a 299,780 square foot industrial warehouse building on
13.83 gross acres of land (APN: 0130-191-09) located at the northeast corner of Rialto Avenue and Lilac Avenue within the Light Manufacturing (M-1) zone. A Mitigated Negative Declaration (Environmental Assessment Review No. 2022-0009) has been prepared for consideration in conjunction with the project.
Precise Plan of Design No. 2022-0001: A request to allow the redevelopment of an existing industrial site with a 299,780 square foot industrial warehouse building and associated paving, landscaping, fencing, lighting, and drainage improvements on 13.83 gross acres of land (APN:
0130-191-09) located at the northeast corner of Rialto Avenue and Lilac Avenue within the Light Manufacturing (M-1) zone. A Mitigated Negative Declaration (Environmental Assessment Review No. 2022-0009) has been prepared for consideration in conjunction with the project.
This project's location, situated approximately 156 feet west from my family's home at 509 W 2nd St. Rialto, CA 92376, and about 68 feet from Bud Bender Park on the north side, raises concerns regarding potential noise, pollution, and traffic issues that could impact the surrounding community.
Being directly adjacent to both the Rialto Police Department and Cemetery adds further significance to ensuring that appropriate measures are taken to mitigate any potential negative impacts. It is crucial to consider implementing a buffer zone or other strategies to minimize disruptions and maintain the quality of life for residents in this area.
The planning commission's approval of a project that is zoned M1 Light Manufacturing, despite the proposed warehouse not aligning with this use, raises concerns for the community. It is essential to address this issue as it may lead to various negative impacts such as increased pollution and traffic congestion.
It is crucial to explore alternative options that can bring better manufacturing jobs while ensuring compatibility with the designated zoning regulations. By doing so, we can strike a balance between economic growth and maintaining a healthy and sustainable community environment.
We must advocate for a thorough review of the proposed project and actively seek alternatives that align with the community's needs and aspirations. This assertive approach will help us
CITY OF RIALTO
protect our community from potential adverse effects while promoting responsible and beneficial development. 2023 AUG 10 PM 5:51
According to Rialto's city code M1 uses are the following: RECEIVED
CITY CLERK
Chapter 18.38 - M-1 LIGHT MANUFACTURING ZONE
Sections:
18.38.010 - Regulations established.
The regulations established by this chapter apply in the M-l, light manufacturing zone, unless otherwise provided in this title. (1965 code Title XII, Ch. 19, § 1)
18.38.020 - Permitted uses.
Uses permitted are as follows:
A.Light manufacturing, processing or treatment of products; B.Any of the following uses:
1.Assembly of machine and appliances from previously prepared parts,
2.Auction houses, provided the use is conducted entirely within an enclosed building and no stalls or sales are allowed outside of the building and there is no outside storage, and subject to a conditional development request to be filed and approved by the planning commission,
3.Automobile, truck, airplane, motorcycle, bicycle and farm machinery assembly, painting, repair and sales,
4.Bakeries or baking plants,
5.Bedding, carpet and pillow manufacturing, cleaning and renovating,
6.Blacksmith and horseshoeing shop,
7.Boat building,
8.Body and fender works when operated wholly within a building,
9.Book bindery,
10.Bus repair and storage terminals,
11. Circuses, carnivals, fairs,
12. Cleaning and dyeing plant,
13.Electric light or power generating station and electric distribution and transmission substation,
14.Electric plating,
15. Flower, feed and seed processing and sales,
16.Food products manufacturing except the following: Fish, and meat products, sauerkraut, vinegar, yeast and the rendering or refining of fats and oils,
17. Fruit or vegetable packing and shipping plants,
18.Ice and cold storage plants,
19.Laboratories,
20.Laundries,
21.Lumber yards, building materials storage and sales, contractors storage yard or plant,
22.Machine shop,
23.Neon or electric sign manufacture,
24.Planing or saw mills,
25.Plumbing shop and yard,
26. Printing, publishing and reproduction establishments,
CITY OF RIALTO
27. Radio and television stations and masts, 2023 AUG 10 PM 5:5l
28.Sheet metal plant,
29.Truck terminals, repair shops, hauling and storage yards, RECEIVED
ATY CLER
30. Waste paper and rags, collection and bailing, when conducted entirely within an encloser building,
31.Wholesale and jobbing establishment including incidental retail outlets for only such merchandise as is handled at wholesale,
32. Other uses which are subject to a conditional development permit (see Chapter 18.66),
33.Foundries or metal fabrication plants using plate and structural shapes,
34.Small and large collection facilities for recyclable materials as permitted in Chapter 18.108,
35. Light processing facilities for recyclable materials as permitted in Chapter 18.108,
36.Restaurant, cafe and sandwich shop;
C.Electric vehicle charging stations, in accordance with Chapter 15.64 of the code. (Ord. 1248, 1996; Ord. 1161 § 2(3, 4), 1992; 1965 code Title XII, Ch. 19, § 2) Also this code states there is a 25ft height limit, this is also not consistent with this project.
None of the before mentioned options are consistent with the warehouse/logistics use this project will bring. In the staff report at the 7/26/23 Planning Commission meeting there were other recommendations on Exhibit K that the Planning Commission did not address, that included housing development options. This can be a possible rezone alternative that can address the housing crisis in our communities.
Here are additional concerns that question the validity of this approval:
1. Transparency and community engagement are crucial aspects when it comes to matters of public health and safety. However, in this case during the MND comment period, it is evident that the community was not properly noticed or involved in the process. This becomes even more concerning considering that 75% of the community is monolingual Spanish speaking individuals who were left unaware and uninformed about what was happening.
It is imperative that all members of a community, regardless of their language proficiency, have equal access to information and opportunities for participation. In this case, it is clear that steps were not taken to ensure effective communication with the Spanish-speaking population.
Moving forward, it is essential for those responsible for the public's health and safety, prioritize inclusive practices and actively engage with all segments of the community. This means providing information in multiple languages, creating accessible channels for feedback and involvement, and ensuring that no one feels left out or uninformed.
By fostering transparency and meaningful community engagement, we can build trust, address concerns effectively, and ultimately work towards a healthier future for all.
CITY OF RIALTO
2023 AUG 10 PM 5:51
2. The Economic Development Committee requested changes to the project and were not presented. Only one EDC meeting minutes were presented in the staff report. The EDC meeting minutes from June 28, 2023 are missing, therefore misleading and lacking important information that could have halted the decision of this project.
3. The hearing notice went out with the wrong map, misleading the community. Once staff rectified the mistake notices were sent to homes on July 18, which is less than the required 10 days notice.
4. Once again the cumulative impacts with surrounding ones are not being addressed. If you look at the graphic below our census tract sits in the red on the CalEnviro screen.
AV E Comell Dr
6071003507
Mason St
W Glove S
W. GrOvE SE
W. Ramona Dr
E Ranona DI
-W-Foothill-Bivd •E-Foothill-Blvd
Discaca
4 GEE AL 212471
Holadir P
wind St
4 Vine Ave
W Mickinicy St
6071003509
June 31
End Si
E King St
W THESE E Ervin St
Rialto E BESI
6071003510 (Riallo Ave 6071003700
Aler St
W Boorie View Dr
E Wibon 51
W Wisen st
E Sa
WOMAN St
Staples
The mitigations for this project must be clearly specified and should prioritize the reduction of emission impacts on air quality, noise, and light pollution. It is crucial to address the concerns of the already overburdened and socioeconomically disadvantaged community.
Specifically, measures need to be implemented to minimize noise pollution caused by increased traffic. This could include implementing sound barriers, using quieter construction equipment, and enforcing strict regulations on noise levels during construction and operation. Other mitigations include 2-ring carbon capturing tree canopies.
CITY OF RIALTO
Furthermore, it is essential to consider the impact of increased traffic on air quality.
Implementing alternative transportation options such as public transit or encouraging carpooling can help reduce emissions from vehicles, thus mitigating air pollution. RECEIVED
CITY CLERA
Lastly, addressing light pollution is equally important. Utilizing proper lighting fixtures that minimize light spillage and glare can help preserve the natural darkness of the environment while also reducing energy consumption.
It is imperative that these mitigations are not only specified but also effectively implemented in order to protect the community from further environmental burdens.
There was no sign of solar panels and charging stations for this project, including operations machinery that can also be all electric to reduce other emissions exposure to the community.
No CBA's for the community that lives there were presented other than the trail that is yet to be determined, such as annual fees to support the maintenance and improvements of Bud Bender Park, annual community funds to repair roads and homes that will be affected by the vibrations of trucks, filtration mitigations for the homes that have children and elderly with asthma or other illnesses. No PLA's for the people that will be working in this warehouse for the long term were presented, like the temporary trade jobs coming in to build the project.
This project will clearly add negative impacts to the environment, but most importantly the community that already lives there and the children that play daily in the park.
Below are important studies and articles that address the dangers these types of projects bring when they are too close to sensitive receptors.
People of Color Breathe More Unhealthy Air from Nearly All Polluting Sources A trend of disproportionate exposure to deadly air pollution among Asian, Hispanic and Black people persists in most cases regardless of the emission source, a study finds By Robin Lloyd on April 28, 2021
The article states clearly:
A new study erases a great deal of any doubt that might have existed about racial and ethnic disparities in exposure to air pollution emitted from a variety of sources. The paper reveals that the same exposure disadvantages for people of color collectively persist across 12 of 14 groups of emission sources that spew a particularly dangerous type of air pollution: fine particles with a diameter of 2.5 microns or smaller, known as PM2.5. They are small enough to carry hundreds of chemicals deep into the lungs, where they cause respiratory and heart disease. Fine particle air pollution is one of the largest environmental causes of death globally, according to a 2020 analysis by the Institute for Health Metrics and Evaluation at the University of Washington. And
CITY OF RIALTO
sources cited by the new study show that exposure to such pollution gauses between 85,000 and 200,000 premature deaths in the U.S. annually.
RECEIVED
The air pollution impact on each racial or ethnic minority group—Black, Hispanic and Asian people-persisted even when the researchers controlled for the state in which people resided or for whether they lived in an urban or rural region. And the disproportionate pollution impact held among people of color as a group regardless of household income.
The researchers also break down the relative source-exposure trends for each minority group, compared with those for white people. Hispanics and Asians are exposed to higher-than-average concentrations of fine particle emissions from most of the types of sources than white people, the analysis shows. For Black people, the exposure disadvantage holds across all 14 groups of emission sources. The results were published on Wednesday in Science Advances.
Also visit the Region in Crisis report at www.ccaej.org which shares information about the cumulative effects of these developments and other polluting sources.
I ask that the Rialto City Council oppose this project and present other alternative uses that will benefit the community as a whole in the long term.
Ana Gonzalez,
Rialto Residem
Executive Director at the Center for Community Action and Environmental Justice (909)275-9812
[email protected]
11398
UNIONBANK
CENTER FOR COMMUNITY ACTION & (800) 238-4486
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JURUPA VALLEY, CA 92519
eat City of Rialto August 10,2023 Details on back.
$/, 369.60
081064 / 12-04 One thousand three hundred fixty nine and b900o DOLLARS He Has Deck Rand
TWO SIGNATURES REQUIRED OVER 1000.00
MEMO Bud Bender Project Appeal
M132200049 3440406222