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RESOLUTION NO._____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RIALTO, CALIFORNIA, FINDING THAT THE NEW POLICE
STATION PROJECT IS CATEGORICALLY EXEMPT FROM
CEQA PURSUANT TO SECTION S 15302 AND 15332 OF THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT GUIDELINES,
RELATING TO REPLACEMENT OR RECONSTRUCTION
DEVELOPMENT PROJECTS AND IN -FILL DEVELOPMENT
PROJECTS, RESPECTIVELY, AND APPROVING A
DEVELOPMENT AGREEMENT BETWEEN THE CITY AND
GRIFFIN/ SWINERTON, LLC RELATING TO THE
CONSTRUCTION OF THE PROJECT , AND T AKING RELATED
ACTIONS
WHEREAS, pursuant to the California Environmental Quality Act , Public Resources Code §21000 et seq. (“CEQA”), the development and construction of a new Police Station (the “Project”) is categorically exempt from CEQA pursuant to Section 15302 and Section 15332 of the CEQA Guidelines, related to Replacement or Reconstruction Development Projects and In -Fill Development Projects, respectively; and
WHEREAS, on November 15, 2022, the City Council selected Griffin / Swinerton LLC, a Delaware limited liability company, as the developer for the Project; and WHEREAS, on November 15, 2022, the City Council approved the Pre-Development Agreement for the pre-development services relating to the Project; and WHEREAS, the pre-development phase act ivities have been completed and the development phase of the Project is ready to proceed; and
WHEREAS, the staff report presented to the City Council, together with this Resolution, contains the factual background and supporting information upon which the declaration and findings set forth herein are based.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RIALTO HEREBY RESOLVES AS FOLLOWS:
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Section 1: Recitals. The foregoing recitals are true and correct, and incorporated herein by this reference.
Section 2: Categorical Exemption Evaluation . The City has prepared a Categorical Exemption Evaluation, attached hereto as Exhibit “A” that demonstrates that the Project qualifies for a Class 2, Replacement or Reconstruction Development Projects, Categorica l Exemption (CEQA Guidelines §15302) and a Class 32, In -Fill Development Projects, Categorical Exemption (CEQA Guidelines §15332), and that no exceptions apply to the use of the se exemptions (CEQA Guidelines §15300.2).
Section 3: Independent Judgment . The City Council has concluded, after evaluating the Project through its own independent judgment and analysis, that the Project can be exempt from extended environmental review.
Section 4: Notice of Exemption. The City Council hereby approves and adop ts the Notice of Exemption for the Project pursuant to the CEQA Guidelines.
Section 5: Development Agreement . The City hereby approves the Development Agreement for the development and construction of a new police station at the site of the existing police station located at 128 North Willow Avenue, in substantially the form as provided to the City Council concurrently herewith this Resolution. The Mayor, the City Manager, the Interim City Manager, or the Finance Director, their individual designees (each, a “Responsible Officer”), are each hereby authorized to execute the Development Agreement in substantially such form, with such revisions, amendments and completions as shall be approved by a Responsible Officer, with the advice of Bond Counsel, such approval to be conclusively evidenced by the execution and delivery thereof Section 6: Notice of Exemption. The City Clerk of the City of Rialto is directed to file a Notice of Exemption pursuant to CEQA Guidelines Section 15062.
Section 7: General Authorization. The Responsible Officers, and each of them, are hereby authorized, jointly and severally, to do all things which they may deem necessary or proper to effectuate the purposes of this Resolution, and any such actions previously taken are hereby ratified and confirmed.
Section 8: Effective Date. This Resolution shall take effect immediately upon its adoption by the City Council.
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Section 9: Certification. The City Clerk of the City of Rialto shall certify to the passage, approval and adoption of this resolution, and the City Clerk of the City of Rialto shall cause this Resolution and the City Clerk’s certification to be entered in the File of Resolutions of the City of Rialto City Council.
PASSED, APPROVED AND ADOPTED this ____ day of ______, 2023.
____________________________________
DEBORAH ROBERTSON, Mayor
ATTEST:
____________________________________
BARBARA A. McGEE, City Clerk
APPROVED AS TO FORM:
______________________________
ERIC S. VAIL, City Attorney
Burke, Williams & Sorensen, LLP
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STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss
CITY OF RIALTO )
I, Barbara A. 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 th e Official Seal of the City of Rialto this _____ day of _________________, 2023.
______________________________________
BARBARA A. McGEE, City Clerk
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EXHIBIT A
Categorical Exemption Evaluation
The following identified classes for exemption listed below for this project have been determined by the Secretary for Resources to not have a significant effect on the environment and are declared to be categorically exempt from the requirement for the preparation of environmental documents.
Categorical Exemption Evaluation
The project qualifies for an exemption per Class 2, Section 15302 (Replacement or Reconstruction). The project site is currently developed and the new structure will be located on the same site as the structure being replaced and will have the same purpos e and capacity as the structure being replaced. The new structure will replace the existing facility and will provide earthquake resistant structures which do not increase capacity more than fifty percent (50%).
The project also qualifies for a second exe mption, per Section 15332 (Infill Development Project) according to the California Environmental Quality Act. The project site meets the requirements of an infill project as defined per Class 32 of the California Environmental Quality Act. The project meets the in-fill development conditions and is consistent with the applicable general plan designation of Public Facility (P-F) and all applicable general plan policies as well as with applicable zoning designation and regulations. The proposed development is within city limits and is on a site that totals less than five (5) acres in size and is substantially surrounded by urban uses. There is no value for habitat for endangered, rare or threatened species given the site is completely developed and disturbed. The site is adequately served by all required utilities and public services and no foreseen significant effects relating to traffic, noise, air quality, or water quality are anticipated with the reconstruction of this project. 1 2
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City of Rialto
California