RESOLUTION NO. XXXX
A RESOLUTION OF THE CITY COUNCIL of the city of rialto, california ADOPTing A MITIGATED NEGATIVE DECLARATION (ENVIRONMENTAL ASSESSMENT REVIEW No. 2020-0033) for a project consisting of A GENERAL PLAN AMENDMENT, A ZONE CHANGE, and the development of one (1) 8,840 square foot multi-tenant commercial building and one (1) 9,966 square foot multi-tenant commercial building, with associated PAVING, walls, lighting, landscaping, and drainage improvements on approximatley 1.55 acres of land (APN: 0132-021-18) located at the southeast corner of Randall Avenue and Lilac Avenue.
WHEREAS, the applicant, Gevork Consulting Engineering, proposes to develop one (1) 8,840 square foot multi-tenant commercial building and one (1) 9,966 square foot multi-tenant commercial building with associated paving, walls, lighting, landscaping, and drainage improvements (“Project”) on approximately 1.55 acres of land (APN: 0132-021-18) located at the southeast corner of Randall Avenue and Lilac Avenue (“Site”); and WHEREAS, in conjunction with the Project, the applicant has submitted General Plan Amendment No. 2019-0006 to change the land use designation of the Site, as described in the legal description attached as Exhibit “A”, from Residential 2 (0.1-2.0 du/acre) with an Animal Overlay to Community Commercial (“GPA No. 2019-0006”); and WHEREAS, in conjunction with the Project, the applicant has submitted Zone Change No. 2019-0004 to change the zoning designation of the Site, as described in the legal description attached as Exhibit “A”, from Agricultural (A-1) to Neighborhood Commercial (C-1) (“ZC No. 2019-0004”); and WHEREAS, in conjunction with the Project, the applicant has applied for Precise Plan of Design No. 2022-0019 (“PPD No. 2022-0019”) to facilitate the development of one (1) 8,840 square foot multi-tenant commercial building and one (1) 9,966 square foot multi-tenant commercial building with associated paving, walls, lighting, landscaping, and drainage improvements on the Site; 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. 2022-0020) prepared by Lilburn Corporation, 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 November 15, 2023 (SCH#: 2023110375); 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 660 feet of the Project Site, and a thirty (30) day public comment period was held from November 15, 2023 to December 14, 2023; and WHEREAS, The Planning Division received two (2) comment letters during the thirty (30) day public comment period – one (1) comment letter from the Rialto Unified School District, which was submitted on November 27, 2023 and one (1) comment letter from the Department of Toxic Substances Control, which was submitted on December 14, 2023; and WHEREAS, the City mailed public hearing notices for the proposed Project to all property owners within 660 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 February 7, 2024, the Planning Commission of the City of Rialto conducted a duly noticed public hearing, as required by law, on the Mitigated Negative Declaration, GPA No. 2019-0006, ZC No. 2019-0004, and PPD No. 2022-0019, took testimony, at which time it received input from staff, the city attorney, and the Applicant; heard public testimony; discussed the proposed Mitigated Negative Declaration, GPA No. 2019-0006, ZC No. 2019-0004, and PPD No. 2022-0019; and WHEREAS, on February 7, 2024, the Planning Commission voted 5-0 (2 vacancies) to continue the public hearing for the Mitigated Negative Declaration, GPA No. 2019-0006, ZC No. 2019-0004, and PPD No. 2022-0019 open to March 20, 2024; and WHEREAS, on March 20, 2024, the Planning Commission of the City of Rialto continued the public hearing on the Mitigated Negative Declaration, GPA No. 2019-0006, ZC No. 2019-0004, and PPD No. 2022-0019, took testimony, at which time it received input from staff, the city attorney, and the Applicant; heard public testimony; discussed the proposed Mitigated Negative Declaration, GPA No. 2019-0006, ZC No. 2019-0004, and PPD No. 2022-0019; and closed the public hearing; and WHEREAS, on March 20, 2024, the Planning Commission voted 5-0 (2 vacancies) to recommend approval of the Mitigated Negative Declaration, GPA No. 2019-0006, ZC No. 2019-0004, and PPD 2022-0019 to the City Council; and WHEREAS, on May 14, 2024, the City Council of the City of Rialto conducted a duly noticed public hearing, as required by law, on the Mitigated Negative Declaration, GPA No. 2019-0006, ZC No. 2019-0004, and PPD No. 2022-0019, took testimony, at which time it received input from staff, the city attorney, and the Applicant; heard public testimony; discussed the proposed Mitigated Negative Declaration, GPA No. 2019-0006, ZC No. 2019-0004, and PPD No. 2022-0019; 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 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 proposed Initial Study and Mitigated Negative Declaration (Environmental Assessment Review No. 2022-0020) attached hereto as Exhibit “B” 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 in the record to support a fair argument that the Project would result in a significant adverse effect upon the environment, provided appropriate mitigation measures are imposed as recommended below.
SECTION 3. The Initial Study (Environmental Assessment Review No. 2022-0020) 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 “B” hereto, finds that there are no impacts or less than significant impacts to aesthetics, agriculture and forestry resources, air quality, energy, greenhouse gas emissions, hazards and hazardous materials, hydrology/water quality, land use/planning, mineral resources, population/housing, public services, recreation, traffic and transportation, utilities and service systems, wildfire, and mandatory findings of significance.
SECTION 5. With the imposition of mitigation measures that address potential impacts upon biological resources, cultural resources, geology/soils, noise, and tribal cultural resources, in the community, and as set forth in the Mitigation Monitoring & Reporting Program, Exhibit “C” 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. Therefore, the City Council hereby certifies the Initial Study, Mitigated Negative Declaration, and Mitigation Monitoring and Reporting Program, making certain environmental findings to allow the Project.
SECTION 7. 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 14th day of May, 2024. ____________________________________
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 ___________________, 2024.
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 __________________, 2024. ________________________________
BARBARA MCGEE, CITY CLERK
Exhibit “A”
Exhibit “B”
Exhibit “C”
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