ORDINANCE NO. XXXX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RIALTO, CALIFORNIA, APPROVING ZONE CHANGE NO. 2019-0004 TO CHANGE THE ZONING DESIGNATION OF APPROXIMATELY 1.55 ACRES OF LAND (Apn: 0132-021-18) LOCATED at THE southEAST corner OF randall AVENUE and lilac avenue from agricultural (A-1) to Neighborhood Commercial (c-1).
WHEREAS, approximately 1.55 acres of land (APN: 0132-021-18) located at the southeast corner of Randall Avenue and Lilac Avenue, described in the legal description attached as Exhibit A, (“Site”) is currently zoned Agricultural (A-1); and WHEREAS, the applicant, Gevork Consulting Engineering, proposes to change the zoning designation of the Site to Neighborhood Commercial (C-1) (“Project”); and WHEREAS, in conjunction herewith, the applicant has also submitted General Plan Amendment No. 2019-0006 to change the zoning designation of the Site, as described in the legal description attached as Exhibit A, from Residential 2 with an Animal Overlay to Community Commercial (“GPA No. 2019-0006”); and WHEREAS, in conjunction herewith, the applicant has also submitted 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 the Project is necessary to facilitate PPD No. 2022-0019; and WHEREAS, pursuant to Section 18.06.030 of the Rialto Municipal Code, the Project requires the approval of a zone change, and the applicant has agreed to apply for Zone Change No. 2019-0004 (“ZC No. 2019-0004”); and WHEREAS, pursuant to Section 18.06.030, the City Council is authorized to adopt a zone change within the City; and WHEREAS, pursuant to Section 18.06.030(C) of the Rialto Municipal Code, the Planning Commission shall hold a public hearing for a proposed zone change and forward a recommendation to the City Council for action; 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 ZC No. 2019-0004, GPA No. 2019-0006, 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 ZC No. 2019-0004, GPA No. 2019-0006, and PPD No. 2022-0019; and WHEREAS, on February 7, 2024, the Planning Commission voted 5-0 (2 vacancies) to continue the public hearing ZC No. 2019-0004, GPA No. 2019-0006, 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 ZC No. 2019-0004, GPA No. 2019-0006, 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 ZC No. 2019-0004, GPA No. 2019-0006, 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 ZC No. 2019-0004, GPA No. 2019-0006, 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 ZC No. 2019-0004, GPA No. 2019-0006, 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 ZC No. 2019-0004, GPA No. 2019-0006, and PPD No. 2022-0019; and closed the public hearing; and WHEREAS, all legal prerequisites to the adoption of this Ordinance have occurred.
NOW, THEREFORE, the City Council hereby finds, determines, and ordains as follows:
SECTION 1. The City Council hereby specifically finds that all of the facts set forth in the recitals above of this Ordinance 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 ZC No. 2019-0004, including written staff reports, verbal testimony, project plans, other documents, and the conditions of approval stated herein, the City Council hereby determines that ZC No. 2019-0004 satisfies the requirements of Section 18.06.030 of the Rialto Municipal Code pertaining to the findings which must be made precedent to adopting a zone change. The findings are as follows:
That the proposed zone change is consistent with the General Plan of the City of Rialto; and This finding is supported by the following facts:
In conjunction with the Project, the applicant proposes GPA No. 2019-0006 to change the land use designation of the Site from Residential 2 with an Animal Overlay to Community Commercial. The Community Commercial land use designation, combined with the C-1 zone, will allow commercial developments on the Site. GPA No. 2019-0006, ZC No. 2019-0004, and PPD No. 2022-0019 are proposed 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. The zone change and the subsequent development are therefore consistent with the proposed General Plan land use designation, provided that GPA No. 2019-0006 is approved prior to the proposed zone change.
That the proposed zone change will not adversely affect the surrounding properties.
This finding is supported by the following facts:
The Project will facilitate the development of two (2) multi-tenant commercial buildings that will accommodate various commercial and office uses in an area that is currently underserved. The proposed development, in conjunction with the Project, will include the installation of an eight (8) foot solid block wall along all interior (non-street frontage) property lines. Additionally, each structure will meet the minimum required building setbacks. These design features, as well as others, will serve to make the proposed development as benign as possible.
Additionally, mitigation measures, included in the Initial Study prepared for the Project (Environmental Assessment Review No. 2022-0020), will assist in mitigating any impacts related to Biological Resources, Cultural Resources, Geology and Soils, Noise, and Tribal Cultural Resources to a level of insignificance.
SECTION 3. An Initial Study (Environmental Assessment Review No. 2022-0020) has been prepared for GPA No. 2019-0006 in accordance with the California Environmental Quality Act (CEQA). Based on the findings within the Initial Study, staff determined that the project will not have an adverse impact on the environment and a Mitigated Negative Declaration was prepared. The local newspaper published a copy of the Notice of Intent to adopt the Mitigated Negative Declaration for the project, and the City mailed the notice to all property owners within 660 feet of the project site for a public comment period held from November 15, 2023 to December 14, 2023. The City Council hereby adopts the Mitigated Negative Declaration and directs the Planning Division to file the necessary documentation with the Clerk of the Board of Supervisors for San Bernardino County.
SECTION 4. The City Council hereby approves ZC No. 2019-0004 to change the zoning designation of the Site from Agricultural (A-1) to Neighborhood Commercial (C-1), in accordance with the application on file with the Planning Division, subject to the following conditions:
ZC No. 2019-0004 is approved changing the zoning designation of approximately 1.55 acres of land (APN: 0132-021-18) located at the southeast corner of Randall Avenue and Lilac Avenue, and described in the legal description attached as Exhibit A, from Agricultural (A-1) to Neighborhood Commercial (C-1). If the Conditions of Approval specified herein are not satisfied or otherwise completed, the Project shall be subject to revocation.
City inspectors shall have access to the Site to reasonably inspect the Site during normal working hours to assure compliance with these conditions and other codes.
The applicant shall indemnify, protect, defend, and hold harmless, the City of Rialto, and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof (collectively, the “City Parties”), from any and all claims, demands, law suits, writs of mandamus, and other actions and proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute resolutions procedures (including, but not limited to arbitrations, mediations, and other such procedures), (collectively “Actions”), brought against the City, and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or annul, the any action of, or any permit or approval issued by, the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof (including actions approved by the voters of the City), for or concerning the Project (collectively, the “Entitlements”), whether such Actions are brought under the California Environmental Quality Act, the Planning and Zoning Law, the Subdivision Map Act, Code of Civil Procedure Chapter 1085 or 1094.5, the California Public Records Act, or any other state, federal, or local statute, law, ordinance, rule, regulation, or any decision of a court of competent jurisdiction. This condition to indemnify, protect, defend, and hold the City harmless shall include, but not limited to (i) damages, fees and/or costs awarded against the City, if any, and (ii) cost of suit, attorneys’ fees and other costs, liabilities and expenses incurred in connection with such proceeding whether incurred by applicant, Property owner, or the City and/or other parties initiating or bringing such proceeding (collectively, subparts (i) and (ii) are the “Damages”). Notwithstanding anything to the contrary contained herein, the Applicant shall not be liable to the City Parties under this indemnity to the extent the Damages incurred by any of the City Parties in such Action(s) are a result of the City Parties’ fraud, intentional misconduct or gross negligence in connection with issuing the Entitlements. The applicant shall execute an agreement to indemnify, protect, defend, and hold the City harmless as stated herein within five (5) days of approval of CA No. 2019-0004.
In accordance with the provisions of Government Code Section 66020(d)(1), the imposition of fees, dedications, reservations, or exactions for this Project, if any, are subject to protest by the applicant at the time of approval or conditional approval of the Project or within 90 days after the date of the imposition of the fees, dedications, reservations, or exactions imposed on the Project.
Approval of Zone Change No. 2019-0004 will not be valid until such time that the City Council of the City of Rialto has approved General Plan Amendment No. 2019-0006, which was prepared in conjunction with the Project.
SECTION 5. The Mayor shall sign the passage and adoption of this Ordinance and thereupon the same shall take effect and be in force.
PASSED, APPROVED AND ADOPTED this day of , 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 Ordinance 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 Ordinance 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
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