RESOLUTION NO. _____
A RESOLUTION OF THE City council OF THE CITY OF RIALTO, CALIFORNIA DENYING APPELLANT’S APPEAL AND UPHOLDING THE planning commission’S approval OF conditional development permit no. 2022-0002, precise plan of design no. 2022-0001, and an associated Mitigated negative declaration (environmental Assessment review no. 2022-0009).
WHEREAS, the applicant, AIREF Rialto Commerce Center II, LP, proposes to develop and operate a 299,780 square foot industrial warehouse building and associated paving, landscaping, lighting, and drainage improvements (“Project”) 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 (“Site”); and WHEREAS, the Project within the M-1 zones requires the approval of a Conditional Development, and the applicant has agreed to apply for Conditional Development Permit No. 2022-0002 (“CDP No. 2022-0002”), in accordance with Chapter 18.66 (Conditional Development Permits) of the Rialto Municipal Code and Chapter 18.112 (Indoor Storage Facilities) of the Rialto Municipal Code; and WHEREAS, the Project within the M-1 zone requires the approval of a Precise Plan of Design, and the applicant has agreed to apply for Precise Plan of Design No. 2022-0001 (“PPD No. 2022-0001”), in accordance with Chapter 18.65 (Precise Plan of Design) of the Rialto Municipal Code; and WHEREAS, pursuant to the provisions of the California Environmental Quality Act, Public Resources Code Sections 21000 et. seq. (" CEQA"), the State's CEQA Guidelines, California Code of Regulations, Title 14, Section 15000 et. seq., and Government Code Section 65962.5(f) (Hazardous Waste and Substances Statement), the City reviewed an Initial Study (Environmental Assessment Review No. 2022-0009) prepared by T&B Planning, Inc. and determined that there is no substantial evidence that the approval of the Project would result in a significant adverse effect on the environment, provided appropriate mitigation measures are imposed on the Project; thus, a Mitigated Negative Declaration was prepared and notice thereof was given in the manner required by law; and WHEREAS, a Notice of Completion for the Mitigated Negative Declaration was distributed to the State Clearinghouse on May 12, 2023 (SCH#: 2023050324); and WHEREAS, a Notice of Intent to adopt the Mitigated Negative Declaration for the Project was published in the San Bernardino Sun newspaper, and mailed to all property owners within 1,000 feet of the Project Site, and a thirty (30) day public comment period was held from May 15, 2023 to June 13, 2023; and WHEREAS, The Planning Division received five (5) comment letters during the thirty (30) day public comment period – one (1) comment letter from the South Coast Air Quality Management District (SCAQMD), which was submitted on June 13, 2023, one (1) comment letter from the Center for Community Action and Environmental Justice (CCAEJ), which was submitted on June 13, 2023, one (1) comment letter from Rialto resident Ana Gonzalez, which was submitted on June 13, 2023, one (1) comment letter from Danielle Delgado, which was submitted on June 13, 2023, and one (1) comment letter signed by thirty-one (31) residents of Rialto, which was submitted on June 13, 2023; and WHEREAS, on June 29, 2023, the Planning Division, in coordination with T&B Planning, Inc., prepared response letters to address the comments from the original comment letters; and WHEREAS, the City mailed public hearing notices for the proposed Project to all property owners within 1,000 feet of the project site, and published the public hearing notice in the San Bernardino Sun newspaper as required by State law; and WHEREAS, on July 26, 2023, the Planning Commission of the City of Rialto conducted a duly noticed public hearing, as required by law, on CDP No. 2022-0002, PPD No. 2022-0001, and the Mitigated Negative Declaration (Environmental Assessment Review No. 2022-0009), took testimony, at which time it received input from staff, the city attorney, and the applicant; heard public testimony; discussed the proposed CDP No. 2022-0002, PPD No. 2022-0001, and the Mitigated Negative Declaration (Environmental Assessment Review No. 2022-0009) and closed the public hearing; and WHEREAS, on July 26, 2023, the Planning Commission voted 3-2 (2 vacancies) to approve CDP No. 2022-0002, PPD No. 2022-0001, and the associated Mitigated Negative Declaration (Environmental Assessment Review No. 2022-0009); and WHEREAS, on August 10, 2023, pursuant to Chapter 18.68 (Appeals) of the Rialto Municipal Code, Ana Gonzalez, Executive Director at the Center of Community Action and Environmental Justice, (“Appellant”) filed with the office of the City Clerk an appeal to the City Council requesting a review and reversal of the decision previously made by the Planning Commission approving CDP No. 2022-0002, PPD No. 2022-0001, and the associated Mitigated Negative Declaration (Environmental Assessment Review No. 2022-0009) (“Appeal”); and WHEREAS, on September 26, 2023, the City Council scheduled a public hearing for the Appeal for October 10, 2023; and WHEREAS, on October 10, 2023, in accordance with Chapter 18.68 (Appeals) of the Rialto Municipal Code, the City Council conducted a public hearing of the Appeal, took testimony, discussed the Appeal; 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. The City Council has independently reviewed and considered the Mitigated Negative Declaration (Environmental Assessment Review No. 2022-0009) attached hereto as Exhibit “A” and incorporated herein by this reference, the public comments upon it, and other evidence, and finds that the Mitigated Negative Declaration was prepared in the manner required by law, and there is no substantial evidence, provided appropriate mitigation measures are imposed, that the Project would result in a significant adverse effect upon the environment.
SECTION 3. The Initial Study (Environmental Assessment Review No. 2022-0009) prepared for the project identified that the Site did not have suitable habitat for any threatened or endangered species, and therefore the proposed Project will have no individual or cumulative adverse impacts upon resources, as defined in Section 711. 2 of the State Fish and Game Code.
SECTION 4. The attached proposed Initial Study and Mitigated Negative Declaration, Exhibit “A” hereto, finds that there are no impacts or less than significant impacts to aesthetics, agriculture and forestry resources, air quality, energy, greenhouse gas emissions, hydrology/water quality, land use/planning, mineral resources, noise, population/housing, public services, recreation, traffic and transportation, utilities and service systems, and wildfire.
SECTION 5. With the imposition of mitigation measures that address potential impacts upon air biological resources, cultural resources, geology and soils, hazards/hazardous materials, tribal cultural resources, and mandatory findings of significance in the community, and as set forth in the Mitigation Monitoring & Reporting Program, Exhibit “B” hereto, which is attached hereto and incorporated herein by this reference, the proposed Project’s potential significant impacts will be reduced below a level of significance.
SECTION 6. For the foregoing reasons and based on the information and findings included in the Initial Study and Mitigated Negative Declaration, technical reports, Mitigation Monitoring and Reporting Program, Staff Report, public testimony, and all other documents and evidence in the administrative record of proceedings, the City Council has determined that the Project, as conditioned and mitigated, will not have a significant adverse impact on the environment and also finds that the preparation of the Initial Study and Mitigated Negative Declaration attached hereto complies with CEQA.
SECTION 7. Based on substantial evidence presented to the City Council during the public hearing conducted for the Appeal, 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. 2022-0002 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 was previously developed into a lumber yard, was occupied by Orange County Lumber Company until the end of 2022 and is now unoccupied. The Project will redevelop the Site with the highest and best use, in accordance with the General Manufacturing (M-1) zoning district. Additionally, the Project will provide employment opportunities within the City and reduce blight by implementing a use on a vacant site.
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 Light Manufacturing (M-1) zoning designation, which conditionally permits the development and operation of industrial warehouse buildings. To the north of the project site is a segment of the Pacific Electric Railway line, and further to north, on the other side of the Pacific Electric Railway line, is Bud Bender Park and Rialto Park Cemetery. To the east of the project site is the Rialto Police Station, to the south, across Rialto Avenue, are various industrial developments and uses, and to the west, across Lilac Avenue, are additional various industrial developments and uses. The zoning designation of the Site and the properties to the east, south, and west is M-2, and the zoning designation of the property to the north is Transportation Corridor (T-C). The nearest sensitive uses are the Bud Bender Park and Rialto Park Cemetery located approximately 70 feet to the north of the project site and existing single-family residences located approximately 110 feet to the northwest of the project site. The project is not expected to negatively impact any surrounding uses with the successful implementation of measures such as the placement of the truck court on the south side of the building, the installation of solid screen walls around the truck court, the installation of landscape planters around the perimeter of the building and the Site, and other traffic related measures.
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 13.83 gross acres in size and adjacent to two (2) public streets, which will be able to accommodate the proposed use. The Project will have three (3) point of access via Lilac Avenue and one (1) point of access via Rialto Avenue. The northerly and center driveways on Lilac Avenue will provide full access for passenger vehicles only, the southerly driveway on Lilac Avenue will provide full access for passenger vehicles and right-in/left-out access for trucks, and the driveway on Rialto Avenue will provide full access for passenger vehicles and left-in/right-out access for trucks. In addition, the building will have 199 passenger vehicle 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 M-1 zone, or any zoning ordinances, and This finding is supported by the following facts:
As previously stated, the proposed use is consistent with the Light Manufacturing (M-1) zoning designation. The building will be oriented such that none of the dock doors will front or face any of the sensitive uses further north of the Site, the building will have 199 passenger vehicle parking spaces, and the building will have a floor area ratio (FAR) of 49.8 percent, all of which comply with the General Plan, the M-1 zoning district, Chapter 18.112 (Indoor Storage Facilities) of the Rialto Municipal Code, and the City’s Design Guidelines. Landscaping will be abundantly incorporated into the Site, as the landscape coverage for the project is 11.3 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 Planning Commission 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 is consistent with the Light Manufacturing (M-1) zoning district and the industrial uses to the south and west of the Site. The nearest sensitive uses are the Bud Bender Park and Rialto Park Cemetery located approximately 70 feet to the north of the project site and existing single-family residences located approximately 110 feet to the northwest of the project site. The project is not expected to negatively impact any surrounding uses with the successful implementation of measures such as the placement of the truck court on the south side of the building, the installation of solid screen walls around the truck court, the installation of landscape planters around the perimeter of the building and the Site, and other traffic related measures. Therefore, any potential adverse effects are outweighed by the benefits conferred upon the community and neighborhood as a whole.
SECTION 8. Based on substantial evidence presented to the City Council during the public hearing conducted for the Appeal, including written staff reports, verbal testimony, site plans, other documents, and the conditions of approval stated herein, the City Council hereby determines that PPD No. 2022-0001 satisfies 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. The findings are as follows:
The proposed development is in compliance with all city ordinances and regulations, unless in accordance with an approved variance; and This finding is supported by the following facts:
The Site has a General Plan land use designation of Light Industrial and a zoning designation of Light Manufacturing (M-1). Those designations allow for the development and operation of industrial warehouse buildings, as proposed by the Project. The Project, as conditioned herein, will comply with all City ordinances and regulations, including those required by the M-1 zoning district and the City’s Design Guidelines. Additionally, the Project meets all the required development standards of the M-1 zoning district and Chapter 18.112 (Indoor Storage Facilities) of the Rialto Municipal Code including, but not limited to, required building setbacks, parking, landscaping, building height, floor area ratio, etc.
The site is physically suitable for the proposed development, and the proposed development will be arranged, designed, constructed, and maintained so that it will not be unreasonably detrimental or injurious to property, improvements, or the health, safety or general welfare of the general public in the vicinity, or otherwise be inharmonious with the city’s general plan and its objectives, zoning ordinances or any applicable specific plan and its objectives; and This finding is supported by the following facts:
The Site is 13.83 acres in size, bound by two (2) public streets (Rialto Avenue to the south and Lilac Avenue to the west), and is within the Light Manufacturing (M-1) zoning district. To the north of the project site is a segment of the Pacific Electric Railway line, and further to north, on the other side of the Pacific Electric Railway line, is Bud Bender Park and Rialto Park Cemetery. To the east of the project site is the Rialto Police Station, to the south, across Rialto Avenue, are various industrial developments and uses, and to the west, across Lilac Avenue, are additional various industrial developments and uses. The zoning designation of the Site and the properties to the east, south, and west is M-2, and the zoning designation of the property to the north is Transportation Corridor (T-C). The Project is consistent with the Light Manufacturing (M-1) zoning district and the industrial uses to the south and west of the Site. The nearest sensitive uses are the Bud Bender Park and Rialto Park Cemetery located approximately 70 feet to the north of the project site and existing single-family residences located approximately 110 feet to the northwest of the project site. The project is not expected to negatively impact any surrounding uses with the successful implementation of measures such as the placement of the truck court on the south side of the building, the installation of solid screen walls around the truck court, the installation of landscape planters around the perimeter of the building and the Site, and other traffic related measures.
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; and 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, such as extensive landscaping, concrete screen walls, and enhanced architectural features. To the north of the project site is a segment of the Pacific Electric Railway line, and further to north, on the other side of the Pacific Electric Railway line, is Bud Bender Park and Rialto Park Cemetery. To the east of the project site is the Rialto Police Station, to the south, across Rialto Avenue, are various industrial developments and uses, and to the west, across Lilac Avenue, are additional various industrial developments and uses. The zoning designation of the Site and the properties to the east, south, and west is M-2, and the zoning designation of the property to the north is Transportation Corridor (T-C). The Project is consistent with the Light Manufacturing (M-1) zoning district and the industrial uses to the south and west of the Site. The nearest sensitive uses are the Bud Bender Park and Rialto Park Cemetery located approximately 70 feet to the north of the project site and existing single-family residences located approximately 110 feet to the northwest of the project site. The project is not expected to negatively impact any surrounding uses with the successful implementation of measures such as the placement of the truck court on the south side of the building, the installation of solid screen walls around the truck court, the installation of landscape planters around the perimeter of the building and the Site, and other traffic related measures.
The proposed development will not substantially interfere with the orderly or planned development of the City of Rialto.
This finding is supported by the following facts:
The Project is consistent with the underlying Light Manufacturing (M-1) zoning designation and is a logical addition to the existing industrial developments surrounding the Site. The design of the Project will ensure a continuation of the public improvements and aesthetics present in the surrounding area. The City staff have reviewed the design of the Project to ensure compliance with all health, safety, and design requirements to ensure the Project will enhance the infrastructure and aesthetics of the local community.
SECTION 9. The City Council hereby denies the Appeal and upholds the previous decision of the Planning Commission approving CDP No. 2022-0002, PPD No. 2022-0001, and the associated Mitigated Negative Declaration (Environmental Assessment Review No. 2022-0009) on the grounds that the Project complies with the required findings necessary for approval contained in Sections 18.66.020 and 18.65.020E of the RMC and the provisions of the California Environmental Quality Act.
SECTION 10. 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 10th day of October, 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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