RESOLUTION NO. XXXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RIALTO, CALIFORNIA, aPPROVING PRECISE PLAN OF DESIGN NO. 2022-0019 allowING 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 approximately 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 Services, 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, Pursuant to Section 18.65.010 of the Rialto Municipal Code, the Project requires a Precise Plan of Design, and the applicant has agreed to apply for Precise Plan of Design No. 2022-0019 (“PPD No. 2022-0019”); and WHEREAS, in conjunction herewith, the applicant has also submitted General Plan Amendment No. 2019-0006 to change the general plan land use 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 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, on February 7, 2024, the Planning Commission of the City of Rialto conducted a duly noticed public hearing, as required by law, on PPD No. 2022-0019, GPA No. 2019-0006, and ZC No. 2019-0004, took testimony, at which time it received input from staff, the city attorney, and the applicant; heard public testimony; discussed the proposed PPD No. 2022-0019, GPA No. 2019-0006, and ZC No. 2019-0004; and WHEREAS, on February 7, 2024, the Planning Commission voted 5-0 (2 vacancies) to continue the public hearing PPD No. 2022-0019, GPA No. 2019-0006, and ZC No. 2019-0004 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 PPD No. 2022-0019, GPA No. 2019-0006, and ZC No. 2019-0004, took testimony, at which time it received input from staff, the city attorney, and the Applicant; heard public testimony; discussed the proposed PPD No. 2022-0019, GPA No. 2019-0006, and ZC No. 2019-0004; and closed the public hearing; and WHEREAS, on March 20, 2024, the Planning Commission voted 5-0 (2 vacancies) to recommend approval of PPD No. 2022-0019, GPA No. 2019-0006, and ZC No. 2019-0004 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 PPD No. 2022-0019, GPA No. 2019-0006, and ZC No. 2019-0004, took testimony, at which time it received input from staff, the city attorney, and the Applicant; heard public testimony; discussed PPD No. 2022-0019, GPA No. 2019-0006, and ZC No. 2019-0004; 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. Based on substantial evidence presented to the City Council during the public hearing conducted with regard to PPD No. 2022-0019, 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. 2022-0019 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:
GPA No. 2019-0006, prepared in conjunction with the Project, will change the land use designation of the Site to Community Commercial. ZC No. 2019-0004, prepared in conjunction with the Project, will change the zoning designation of the Site to Neighborhood Commercial (C-1). The Community Commercial and C-1 designations accommodate commercial land uses such as the Project. Additionally, the Project meets all of the required development standards and design guidelines of the C-1 zone including, but not limited to, required building setbacks, building height, parking, landscaping, architectural enhancements, etc. Furthermore, the Project, as conditioned herein, will comply with all City ordinances and regulations.
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 relatively flat, “L”-shaped, 1.55 acres in size, and bound by two (2) public streets. To the north of the project site, across Randall Avenue, is approximately 0.34 acres of vacant land, and to the east of the project site is approximately 3.43 acres of vacant land and an existing single-family residence. To the south is an existing single-family residence, and to west, across Lilac Avenue, is the 75-unit Telacu Rio Alto senior apartment complex. The Project is consistent with the proposed C-1 zone. Additionally, the Initial Study/Mitigated Negative Declaration (Environmental Assessment Review No. 2022-0020) prepared for the project determined that the project will not result in any significant impacts to persons residing or working in the area.
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, perimeter walls, and enhanced architectural features. The Site is surrounded on all sides by residential uses. The Project entails the development of two (2) multi-tenant commercial buildings with corresponding improvements on 1.55 acres of land. The project is consistent with the proposed C-1 zone and will accommodate commercial and office uses in an area that is currently underserved. As evidenced by the findings of the Initial Study/Mitigated Negative Declaration (Environmental Assessment Review No. 2022-0020) prepared for the Project, the Project will not result in any significant impacts to persons residing in the area. Additionally, the Project will incorporate adequate building setbacks, landscaping, and perimeter walls that will all serve as buffers to reduce impacts to a level of insignificance.
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 proposed Community Commercial land use designation and the proposed C-1 zoning designation, and residents and passersby with access to consumer goods and services in an area that is currently underserved. 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 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 PPD No. 2022-0019, in conjunction with GPA No. 2019-0006 and ZC No. 2019-0004, to allow 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 corresponding improvements on 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, in accordance with the plans and application on file with the Planning Division, subject to the following Conditions of Approval:
The applicant is granted PPD No. 2022-0019 allowing 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 1.55 acres of land (APN: 0132-021-18) located at southeast corner of Randall Avenue and Lilac Avenue, subject to the Conditions of Approval contained herein.
The approval of PPD No. 2022-0019 is granted for a one (1) year period from the date of approval. Approval of PPD No. 2022-0019 will not become effective until the applicant has signed a Statement of Acceptance acknowledging awareness and acceptance of the required Conditions of Approval contained herein. Any request for an extension shall be reviewed by the Community Development Director and shall be based on the progress that has taken place toward the development of the project.
The development associated with PPD No. 2022-0019 shall conform to the site plan, floor plans, exterior elevations, and landscape planting plan attached hereto as Exhibit A, except as may be required to be modified based on the Conditions of Approval contained herein.
The development associated with PPD No. 2022-0019 shall comply with all Conditions of Approval contained within GPA No. 2019-0006 and ZC No. 2019-0004.
The development associated with PPD No. 2022-0019 shall comply with all applicable sections of the Rialto Municipal Code, and all other applicable State and local laws and ordinances.
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 be 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 PPD No. 2022-0019.
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 PPD No. 2022-0019 will not be valid until such time that the City Council of the City of Rialto has approved GPA No. 2019-0006 and ZC No. 2019-0004, which were prepared in conjunction with the Project.
The applicant shall complete and abide by all mitigation measures contained within the Mitigation Monitoring and Reporting Program associated with Environmental Assessment Review No. 2022-0020 prior to issuance of any Certificate of Occupancy.
The applicant shall secure the services of a tribal cultural monitor to be present during all ground disturbance activities associated with the construction of this project. The tribal cultural monitor shall be approved by the Gabrieleño Band of Mission Indians-Kizh Nation, and documentation of coordination between the applicant and the Gabrieleño Band of Mission Indians-Kizh Nation on this matter shall be provided to the Planning Division prior to the issuance of a grading permit.
The applicant shall install decorative pavement within each driveway connected to Randall Avenue and Lilac Avenue. The decorative pavement shall extend across the entire width of each driveway and shall extend from the property line to the nearest parking space. Decorative pavement means decorative pavers and/or color concrete with patterns and color variety. The decorative pavement shall include a concrete border with a broom finish and a minimum width of twelve (12) inches. The location of the decorative pavement shall be identified on the Precise Grading Plan prior to the issuance of a grading permit. Additionally, the location and type of decorative pavement shall be identified on the formal Landscape Plan submittal, and other on-site improvement plans, prior to the issuance of building permits.
In order to provide enhanced building design in accordance with Chapter 18.61 (Design Guidelines) of the Rialto Municipal Code, the applicant shall install metal canopy eyebrows over each storefront on the east side of the north building and north side of the south building. The metal canopy eyebrows shall extend outward at least three (3) feet from the exterior edge of the storefront and shall extend across the entire width of the glass storefront. The metal canopy eyebrows shall be identified within the formal building plan check submittal prior to the issuance of building permits.
In order to provide enhanced building design in accordance with Chapter 18.61 (Design Guidelines) of the Rialto Municipal Code, the applicant shall route all drainage downspouts through the interior of each building. The internal downspouts shall be identified within the formal building plan check submittal prior to the issuance of building permits.
In order to provide enhanced building design in accordance with Chapter 18.61 (Design Guidelines) of the Rialto Municipal Code, the applicant shall construct parapet returns, at least five (5) feet in depth from the most inward wall plane, at all height variations on all four (4) sides of each building. The parapet returns shall be demonstrated on the roof plans within the formal building plan check submittal prior to the issuance of building permits.
In order to provide enhanced building design in accordance with Chapter 18.61 (Design Guidelines) of the Rialto Municipal Code, the applicant shall provide internal roof access only for each building. The internal roof access shall be identified within the formal building plan check submittal prior to the issuance of building permits.
The applicant shall install a minimum six (6) foot high block wall along all interior property lines, as approved by the Planning Division. The wall height shall measure at least six (6) feet from the highest finished grade on either side of the wall.
Any new walls, including any retaining walls, shall be comprised of decorative masonry block. Decorative masonry block means tan-colored slumpstone block, tan-colored split-face block, or precision block with a stucco, plaster, or cultured stone finish. Pilasters shall be incorporated within all new walls visible from the public right-of-way. The pilasters shall be spaced a maximum of seventy (70) feet on-center and shall be placed at all corners and ends of the wall. All pilasters shall protrude a minimum of six (6) inches above and to the side of the wall. All decorative masonry walls and pilasters, including retaining walls, shall include a decorative masonry cap. All walls and pilasters shall be identified on the site plan and Precise Grading Plan, and an elevation detail for the walls shall be included in the formal building plan check submittal prior to the issuance of building permits.
Any new fencing installed on site shall be comprised of tubular steel. All fencing shall be identified on the site plan, and an elevation detail for the fencing shall be included in the formal building plan check submittal prior to the issuance of building permits.
The applicant shall construct at least one (1) ADA accessible trash enclosure on the project site. The trash enclosure shall provide room for two (2) commercial waste container and two (2) commercial recycling container. The exterior of any trash enclosure shall match the material and base color of the buildings. Additionally, any trash enclosure shall contain solid steel doors and a flat solid cover. Corrugated metal and chain-link are not acceptable materials to use as a part of the trash enclosure. The location of any trash enclosure shall be identified on the site plan within the formal building plan check prior to the issuance of building permits. An elevation detail for any trash enclosure shall be provided within formal building plan check submittal prior to the issuance of building permits.
All on-site light standards, including the base, shall be a maximum of twenty (20) feet high, as measured from the finished surface. Lighting shall be shielded and/or directed toward the site so as not produce glare or “stray light” onto adjacent properties. All light standards shall be identified on the site plan and a note indicating the height restriction shall be included within the formal building plan check submittal prior to the issuance of building permits.
The applicant shall submit a formal Landscape Plan to the Planning Division prior to the issuance of building permits. The submittal shall include three (3) sets of planting and irrigation plans, a completed Landscape Plan Review application, and the applicable review fee.
The applicant shall plant one (1) tree every three (3) parking spaces. All parking lot trees shall be a minimum of fifteen (15) gallons in size, upon initial planting. Thereafter, the parking lot trees shall be permanently irrigated and maintained. All parking lot tree species shall consist of evergreen broadleaf trees. The trees shall be identified on the formal Landscape Plan submittal prior to the issuance of a landscape permit.
The applicant shall plant one (1) tree every thirty (30) feet on-center within the on-site landscape setbacks along Randall Avenue and Lilac Avenue. All trees within the landscape setback shall be a minimum of twenty-four (24) inch box in size, upon initial planting. Thereafter, the trees within the landscape setback shall be permanently irrigated and maintained by the property owner. At least fifty (50) percent of the trees within the setback shall consist of evergreen broadleaf trees, while the remaining percentage may consist of broadleaf deciduous trees and/or palm trees. The trees shall be identified on the formal Landscape Plan submittal prior to the issuance of a landscape permit.
The applicant shall plant one (1) tree every thirty (30) feet on-center within the public right-of-way parkway along Randall Avenue. All trees within the public right-of-way parkway shall be a minimum of twenty-four (24) inch box in size, upon initial planting. Thereafter, the trees within the public right-of-way parking shall be permanently irrigated and maintained, as required by the Public Works Department. The street tree species along Randall Avenue shall be the Tristania Conferta “Brisbane Box” and/or the Quercus Virginianan “Southern Live Oak”. The street trees shall be identified on the formal Landscape Plan submittal prior to the issuance of a landscape permit.
The applicant shall plant one (1) tree every thirty (30) feet on-center within the public right-of-way parkway along Lilac Avenue. All trees within the public right-of-way parkway shall be a minimum of twenty-four (24) inch box in size, upon initial planting. Thereafter, the trees within the public right-of-way parking shall be permanently irrigated and maintained, as required by the Public Works Department. The street tree species along Lilac Avenue shall be the Pistachia Chinensis “Chinese Pistache” and/or the Robinina Idahoensis “Idaho Locust”. The street trees shall be identified on the formal Landscape Plan submittal prior to the issuance of a landscape permit.
The applicant shall plant shrubs that surround all ground mounted equipment and utility boxes, including transformers, fire-department connections, backflow devices, etc. for the purpose of providing screening of said equipment and utility boxes. All equipment and utility box screen shrubs shall be a minimum of five (5) gallons in size upon initial planting, and the shrubs shall be spaced no more than three (3) feet on-center. Thereafter, the equipment and utility box screen shrubs shall be permanently irrigated and maintained into a continuous box-shape with a height of no less than three and one-half (3.5) feet above the finished grade. The shrubs shall be identified on the formal Landscape Plan submittal prior to the issuance of a landscape permit.
The applicant shall plant trees, shrubs, and groundcover throughout all land on-site and off-site (adjacent to the project site) that is not covered by structures, walkways, parking areas, and driveways, as approved by the Planning Division, unless specified otherwise herein. Trees shall be planted a minimum of thirty (30) feet on-center, and all shrubs and groundcover shall be planted an average of three (3) feet on-center or less, or as approved by the Planning Division. All trees shall be minimum of fifteen (15) gallons in size upon initial planting, unless otherwise specified herein. At least fifty (50) percent of the trees shall consist of evergreen broadleaf trees, while the remaining percentage may consist of broadleaf deciduous trees and/or palm trees. All shrubs shall be a minimum of one (1) gallon in size, unless otherwise specified herein. All planter areas shall receive a minimum two (2) inch thick layer of brown bark, organic mulch, and/or decorative rock upon initial planting. Pea gravel and decomposed granite are not acceptable materials to use within planter areas. All planter areas on-site shall be permanently irrigated and maintained. The planting and irrigation shall be identified on the formal Landscape Plan submittal prior to the issuance of a landscape permit.
All planting and irrigation shall be installed on-site in accordance with the approved landscape plans and permit prior to the issuance of a Certificate of Occupancy. The installation of the planting and irrigation shall be certified in writing by the landscape architect responsible for preparing the landscape plans prior to the issuance of a Certificate of Occupancy.
Any tubular steel fencing and/or sliding gates shall be painted black prior to the issuance of a Certificate of Occupancy, unless specified otherwise herein.
All non-glass doors shall be painted to match the color of the adjacent wall prior to the issuance of a Certificate of Occupancy.
The applicant shall comply with all conditions of approval for PPD No. 2022-0019 to the satisfaction of the City Engineer, prior to the issuance of a Certificate of Occupancy.
All improvements within the public right-of-way require a City of Rialto Encroachment Permit.
Prior to issuance of building permit or off-site construction permit, the applicant may be required to enter into a Public Improvement Agreement (PIA) with the City and furnish security (i.e. surety bonds, letter of credit, or cash) in amounts determined by the City Engineer.
Prior to issuance of a building permit, the developer shall pay all applicable development impact fees in accordance with the current City of Rialto fee ordinance including Transportation Fair Share Contribution fees.
Prior to issuance of a building permit, The Precise Grading Plan shall be approved by the City Engineer.
A City of Rialto Off-site Construction Permit is required for any improvements within the public right-of-way. In an effort to expedite and facilitate improvements in the public right-of-way, the applicant is responsible for submitting a multi-phase master plan traffic control plan which includes all phases of construction in the public right-of-way i.e. sewer, water, overhead, underground, etc. prior to the issuance of Off-Site Construction Permit/Encroachment Permit. Note, in an effort to simplify the permitting process, a single master Off-Site Construction Permit shall replace individual Encroachment Permits to be pulled by the applicant's contractor.
Access to the driveway connected to Randall Avenue shall be limited to right-in and right-out only. The applicant shall install signage at the Randall Avenue driveway indicating that left-turn movements are prohibited, prior to the issuance of a Certificate of Occupancy.
The applicant shall apply for annexation of the underlying property into City of Rialto Landscape and Lighting Maintenance District No. 2 (“LLMD 2”) or enter into a landscape maintenance agreement to be recorded on the property. An application fee of $5,000 shall be paid at the time of application. Annexation into LLMD 2 is a condition of acceptance of any new median, parkway, and/or easement landscaping, or any new public street lighting improvements, to be maintained by the City of Rialto. The applicant must apply and complete the LLMD2 annexation process prior to any issuance of Grading/On-site Construction Permits and prior to recordation of any applicable Final Tract/Parcel Maps. Due to the required City Council Public Hearing action, the annexation process takes months and as such the developer is advised to apply for Special District annexation as early-on in the in the process to avoid any delays with permit issuance.
The applicant shall submit off-site landscaping and irrigation system improvement plans for review and approval at the time of first (1st) public improvement plan submittal to the Engineering Services Department. The parkway irrigation system shall be separately metered from the on-site private irrigation to be maintained for a period of one (1) year and annexed into a Special District. The off-site landscape and irrigation plans must show separate electrical and water meters to be annexed into the Landscape and Lighting Maintenance District No. 2 via a City Council Public Hearing, if required by the City Engineer. The landscape and irrigation plans shall be approved concurrently with the street improvement plans, including the median portion, prior to issuance of a building permit. The landscaping architect must contact the City of Rialto Landscape Contract Specialist at (909) 820-2602 to ensure all landscape and irrigation guidelines are met prior to plan approval. Electrical and water irrigation meter pedestals must not be designed to be installed at or near street intersections or within a raised median to avoid burdensome traffic control set-up during ongoing maintenance. The off-site Landscape and Irrigation plans shall be designed in accordance with the Public Works Landscape Maintenance District Guidelines.
If the property is accepted in the LLMD, the applicant shall guarantee all new parkway landscaping irrigation for a period of one (1) year from the date of the City Engineer acceptance. Any landscaping that fails during the one-year landscape maintenance period shall be replaced with similar plant material to the satisfaction of the City Engineer, and shall be subject to a subsequent one year landscape maintenance period. The applicant must contact the City of Rialto Landscape Contract Specialist at (909) 820-2602 to confirm a full twelve (12) months’ time of non-interrupted ongoing maintenance.
The applicant shall install City Engineer approved deep root barriers, in accordance with the Public Works Landscape and Irrigation Guidelines, for all trees installed within ten (10) feet of the public sidewalk and/or curb.
All new streetlights shall be installed on an independently metered, City-owned underground electrical system. Using power from an existing LLMD 2 pedestal is encouraged over installing a new pedestal. The developer shall be responsible for applying with Southern California Edison (SCE) for all appropriate service points and electrical meters early in the design process to avoid delays in other key milestones. New meter pedestals shall be installed, and electrical service paid by the developer. The City shall not pay the charges for electrical service until the landscape and irrigation is accepted after the one-year maintenance period and the underlying property is annexed into LLMD 2.
The applicant shall submit street improvement plans by a registered California civil engineer to the Engineering Services Department for review. The street improvement plans shall be approved concurrently with any streetlight, landscape and irrigation, and traffic signal plans unless otherwise approved by the City Engineer. The plans shall be approved by the City Engineer prior to issuance of any building permits.
The applicant shall submit sewer improvement plans by a registered California civil engineer to the Engineering Services Department for review. The plans shall be approved by the City Engineer prior to issuance of any building permits.
The applicant shall submit traffic striping and signage plans prepared by a California registered civil engineer or traffic engineer, for review and approval by the City Engineer. All required traffic striping and signage improvements shall be completed concurrently with required street improvements, to the satisfaction of the City Engineer, and prior to issuance of a building permit. Approved traffic striping and signage plans must include required Class II thermoplastic Bicycle Facilities as referenced on the San Bernardino County Non-Motorized Transportation Plan – June 2018, Figure 5.36, Sheet 5-150.
The applicant shall submit copies of approved water improvement plans prepared by a registered California civil engineer to the Engineering Services Department for record purposes. The plans shall be approved by Rialto Water Services, the water purveyor, prior to the issuance of any building permits.
The applicant shall submit a Precise Grading/Paving Plan prepared by a California registered civil engineer to the Engineering Services Department that conforms to requirements of the California Building Code for review and approval. The Precise Grading Plan shall be approved by the City Engineer prior to issuance of a building permit.
The applicant shall submit a Geotechnical/Soils Report, prepared by a California registered Geotechnical Engineer, for and incorporated as an integral part of the grading plan for the proposed development. The geotechnical report shall include a section on infiltration testing. A digital copy (PDF) of the Geotechnical/Soils Report shall be submitted to the Engineering Services Department with the first submittal of the precise grading plan.
The applicant shall provide pad elevation certification for all building pads, in conformance with the approved Precise Grading Plan, to the Engineering Services Department prior to construction of any building foundation.
The public street improvements outlined in these Conditions of Approval are intended to convey to the developer an accurate scope of required improvements, however, the City Engineer reserves the right to require reasonable additional improvements as may be determined in the course of the review and approval of street improvement plans required by these conditions.
The applicant shall construct asphalt concrete paving for streets in two separate lifts. The final lift of asphalt concrete pavement shall be postponed until such time that on-site construction activities are complete. Unless the City Engineer provide prior authorization, paving of streets in one lift prior to completion of on-site construction is not allowed. If City Engineer authorized, completion of asphalt concrete paving for streets prior to completion of on-site construction activities, requires additional paving requirements prior to acceptance of the street improvements, including, but not limited to: removal and replacement of damaged asphalt concrete pavement, overlay, slurry seal, or other repairs.
The applicant shall repair all street cuts for utilities in accordance with City Standard SC-231 within 72 hours of completion of the utility work; and any interim trench repairs shall consist of compacted backfill to the bottom of the pavement structural section followed by placement of standard base course material in accordance with the Standard Specifications for Public Work Construction (“Greenbook”). The base course material shall be placed the full height of the structural section to be flush with the existing pavement surface and provide a smooth pavement surface until permanent cap paving occurs using an acceptable surface course material.
In accordance with City Ordinance No. 1589, adopted to preserve newly paved streets, all street and/or trench cuts in street newly paved or slurry will be subject to moratorium street repair standards as referenced in Section 11.04.145 of the Rialto Municipal Code. Contact the Engineering Services Department for a list of streets subject to the moratorium.
The applicant shall backfill and/or repair all utility trenches or other excavations within existing asphalt concrete pavement of off-site streets resulting from the proposed development, in accordance with City of Rialto Standard Drawings. The applicant shall be responsible for removing, grinding, paving and/or overlaying existing asphalt concrete pavement of off-site streets including pavement repairs in addition to pavement repairs made by utility companies for utilities installed for the benefit of the proposed development (i.e. Rialto Water Services, Southern California Edison, Southern California Gas Company, Spectrum, Verizon, etc.). Multiple excavations, trenches, and other street cuts within existing asphalt concrete pavement of off-site streets resulting from the proposed development may require complete grinding and asphalt concrete overlay of the affected off-site streets, at the discretion of the City Engineer. The pavement condition of the existing off-site streets shall be returned to a condition equal to or better than what existed prior to construction of the proposed development.
The applicant shall replace all damaged, destroyed, or modified pavement legends, traffic control devices, signing, striping, and streetlights, associated with the proposed development shall be replaced as required by the City Engineer prior to issuance of a Certificate of Occupancy.
The applicant shall provide construction signage, lighting and barricading shall be provided during all phases of construction as required by City Standards or as directed by the City Engineer. As a minimum, all construction signing, lighting and barricading shall be in accordance with Part 6 “Temporary Traffic Control” of the 2014 California Manual on Uniform Traffic Control Devices, or subsequent editions in force at the time of construction.
Upon approval of any improvement plan by the City Engineer, the applicant shall provide the improvement plan to the City in digital format, consisting of a DWG (AutoCAD drawing file), DXF (AutoCAD ASCII drawing exchange file), and PDF (Adobe Acrobat) formats. Variation of the type and format of the digital data to be submitted to the City may be authorized, upon prior approval by the City Engineer.
The applicant shall construct 4-inch conduit within the parkway area along the entire project frontages of Randall Avenue and Lilac Avenue for future use.
The applicant shall be responsible for coordinating with Omnitrans regarding the location of existing, proposed, and future bus stops along the property frontage of all public streets. The developer shall design street and sidewalk improvements in accordance with the latest Omnitrans bus stop guidelines and in compliance with current accessibility standards pursuant to the Americans with Disabilities Act (ADA) requirements. The applicant shall design all bus stops to accommodate the Omnitrans Premium Shelters. Prior to Certificate of Occupancy, the applicant shall submit to Engineering Services verification from Omnitrans acknowledging concurrence with the existing, proposed, and future bus stop improvements in conformance with the Premium Shelter design guidelines. Additionally, bus turnouts are required to accommodate proposed bus stops in accordance with the City Standards and as approved by the City Engineer.
The applicant shall replace any existing non-compliant, damaged, or unsatisfactory public improvements such as, but not limited to sidewalk, curb & utter, asphalt pavement along the project frontage to the satisfaction of the City Engineer.
The applicant shall construct each commercial driveway approach in accordance with City of Rialto Standard Drawing No. SC-214. Each driveway approach shall be constructed so the top of “X” is at least 5 feet from the property line, or as otherwise approved by the City Engineer. Nothing shall be constructed or planted in the corner cut-off area which does or will exceed 30 inches in height required to maintain an appropriate corner sight distance. If necessary, additional right of way shall be dedicated on-site to construct a path of travel meeting ADA guidelines for the public.
The applicant shall dedicate additional right-of-way as may be required to provide a property line corner cutback at the southeast corner of the intersection of Randall Avenue and Lilac Avenue, in accordance with City Standard SC-235, as required by the City Engineer.
The applicant shall construct a curb ramp meeting current California State Accessibility standards at the southeast corner of the intersection of Randall Avenue and Lilac Avenue, in accordance with the City of Rialto Standard Drawings.
The applicant shall construct a curb ramp meeting current California State Accessibility standards at both the southeast and southwest corners of the intersection of Randall Avenue and the driveway connected to Randall Avenue, in accordance with the City of Rialto Standard Drawings.
The applicant shall construct a curb ramp meeting current California State Accessibility standards at both the northeast and southeast corners of the intersection of Lilac Avenue and the driveway connected to Lilac Avenue, in accordance with the City of Rialto Standard Drawings.
The applicant shall construct a new underground electrical system for public street lighting improvements along the project frontages of Randall Avenue and Lilac Avenue, as determined necessary by the City Engineer. New marbelite streetlight poles with LED light fixtures shall be installed in accordance with City of Rialto Standard Drawings and as approved by the City Engineer. Provide 2” conduit and pull boxes along the opposite side of the street for continuation of the street light system for future build out.
The applicant shall remove existing pavement and construct new pavement with a minimum pavement section of 4 inches asphalt concrete pavement over 6 inches crushed aggregate base with a minimum subgrade of 24 inches at 95% relative compaction, or equal, along the entire frontages of Randall Avenue and Lilac Avenue in accordance with City of Rialto Standard Drawings. The pavement sections shall be determined using a Traffic Index (“TI”) of 10. The pavement sections shall be designed by a California registered Geotechnical Engineer using "R" values from the pavement core samples and submitted to the City Engineer for approval. Pavement shall extend from clean sawcut edge of pavement to centerline of each street. Alternatively, depending on the existing street condition and as approved by the City Engineer, a 2” grind and overlay, slurry seal, or other repair can be performed to preserve existing structural sections in accordance with current City Standards.
The minimum pavement section for all on-site pavements shall be two (2) inches asphalt concrete pavement over 4 inches crushed aggregate base with a minimum subgrade of 24 inches at 95% relative compaction, or equal. If an alternative pavement section is proposed, the proposed pavement section shall be designed by a California registered Geotechnical Engineer using "R" values from the project site and submitted to the City Engineer for approval.
The applicant shall submit rough grade certification, engineered fill certification and compaction report pad elevation certifications for all building pads in conformance with the approved Precise Grading Plan, to the Engineering Services Department prior to construction of any building foundation and prior to the issuance of a building permit.
The applicant shall submit a Water Quality Management Plan identifying site specific Best Management Practices (“BMPs”) in accordance with the Model Water Quality Management Plan (“WQMP”) approved for use for the Santa Ana River Watershed. The site specific WQMP shall be submitted to the City Engineer for review and approval with the Precise Grading Plan. A WQMP Maintenance Agreement shall be required, obligating the property owner(s) to appropriate operation and maintenance obligations of on-site BMPs constructed pursuant to the approved WQMP. The WQMP and Maintenance Agreement shall be approved prior to issuance of a building permit, unless otherwise allowed by the City Engineer. The development of the Site is subject to the requirements of the National Pollution Discharge Elimination System (NPDES) Permit for the City of Rialto, issued by the Santa Ana Regional Water Quality Control Board, Board Order No. R8-2010-0036. Pursuant to the NPDES Permit, the Applicant shall ensure development of the site incorporates post-construction Best Management Practices (“BMPs”) in accordance with the Model Water Quality Management Plan (“WQMP”) approved for use for the Santa Ana River Watershed. The Applicant is advised that applicable Site Design BMPs will be required to be incorporated into the final site design, pursuant to a site specific WQMP submitted to the City Engineer for review and approval.
The applicant shall connect the project to the City of Rialto sewer system and apply for a sewer connection account with Rialto Water Services.
The applicant is advised that domestic water service is provided by Rialto Water Services. The developer shall be responsible for coordinating with Rialto Water Services and complying with all requirements for establishing domestic water service to the property.
The applicant shall provide certification from Rialto Water Services that demonstrates that all water and/or wastewater service accounts for the project are documented, prior to the issuance of a Certificate of Occupancy or final inspection approval from the Engineering Services Department.
All sewer mains constructed by the applicant, as necessary, are to become part of the public sewer system and shall be pressure tested and digitally video recorded by the City’s wastewater system operator (Veolia) prior to acceptance of the sewer system for maintenance by the City. The developer shall be responsible for all costs associated with testing and inspection services. Any defects of the sewer main shall be removed, replaced, or repaired to the satisfaction of the City Engineer prior to acceptance.
The applicant shall prepare a Notice of Intent (NOI) to comply with the California General Construction Stormwater Permit (Water Quality Order 2009-0009-DWQ as modified September 2, 2009) is required via the California Regional Water Quality Control Board online SMARTS system. A copy of the executed letter issuing a Waste Discharge Identification (WDID) number shall be provided to the City Engineer prior to issuance of a grading or building permit. The applicant’s contractor shall prepare and maintain a Storm Water Pollution Prevention Plan (“SWPPP”) as required by the General Construction Permit. All appropriate measures to prevent erosion and water pollution during construction shall be implemented as required by the SWPPP.
Prior to issuance of a certificate of occupancy or final City approvals, the applicant shall demonstrate that all structural BMP’s have been constructed and installed in conformance with approved plans and specifications, and as identified in the approved WQMP.
All stormwater runoff passing through the site shall be accepted and conveyed across the property in a manner acceptable to the City Engineer. For all stormwater runoff falling on the site, on-site retention or other facilities approved by the City Engineer shall be required to contain the increased stormwater runoff generated by the development of the property. Provide a hydrology study to determine the volume of increased stormwater runoff due to development of the site, and to determine required stormwater runoff mitigation measures for the proposed development. Final retention basin sizing and other stormwater runoff mitigation measures shall be determined upon review and approval of the hydrology study by the City Engineer and may require redesign or changes to site configuration or layout consistent with the findings of the final hydrology study. The volume of increased stormwater runoff to retain on-site shall be determined by comparing the existing “pre-developed” condition and proposed “developed” condition, using the 100-year frequency storm.
Direct release of on-site nuisance water or stormwater runoff shall not be permitted to the adjacent public streets. Provisions for the interception of nuisance water from entering adjacent public streets from the project site shall be provided through the use of a minor storm drain system that collects and conveys nuisance water to landscape or parkway areas, and in only a stormwater runoff condition, pass runoff directly to the streets through parkway or under sidewalk drains. All on-site and off-site designs must comply with NPDES stormwater regulations.
The original improvement plans prepared for the proposed development and approved by the City Engineer (if required) shall be documented with record drawing “as-built” information and returned to the Engineering Division prior to issuance of a final certificate of occupancy. Any modifications or changes to approved improvement plans shall be submitted to the City Engineer for approval prior to construction.
The applicant shall adhere to the City Council approved franchise agreements and disposal requirements during all construction activities, in accordance with Section 8.08 (Refuse Collection of the City of Rialto Municipal Code). applicant shall submit civil engineering design plans, reports and/or documents, prepared by a registered/licensed civil engineer, for review and approval by the City Engineer per the current submittal requirements, prior to the indicated threshold or as required by the City Engineer. The first submittal shall consist of, but is not limited to the following:
a. PRECISE GRADE W/ EROSION CONTROL PLAN (prior to grading permit issuance) b. PUBLIC IMPROVEMENT PLANS: Street Improvement, Signing and Striping, Storm Drain, Sewer and Water, Landscape and Irrigation, etc. (prior to Map Approval or Encroachment Permit Issuance) c. FINAL DRAINAGE STUDY (prior to grading plan approval) d. FINAL WQMP (prior to grading plan approval)
e. AS-BUILT/RECORD DRAWINGS for all plans (prior to occupancy release) Prior to commencing with any grading, the applicant shall implement the required erosion and dust control measures shall be in place. In addition, the following shall be included if not already identified:
6-foot-high tan colored perimeter screened fencing
Contractor information signage including contact information along the street frontages of Randall Avenue and Lilac Avenue.
Post dust control signage with the following verbiage: “Project Name, WDID No., IF YOU SEE DUST COMING FROM THIS PROJECT CALL: NAME (XXX) XXX-XXX, If you do not receive a response, please call the AQMD at 1-800-CUT-SMOG/1-800-228-7664” The applicant shall remove any graffiti within 24 hours, before, during, and post construction. Methods used to remove or cover the graffiti such as new paint and sand blasting shall assure to completely match the building, wall, etc.
The applicant shall install “No Stopping Any Time” R26A(S) (CA) signage along the project frontages of Randall Avenue and Lilac Avenue, prior to the issuance of a Certificate of Occupancy.
The applicant shall submit full architectural and structural plans with all mechanical, electrical, and plumbing plans, structural calculations, truss calculations and layout, rough grading plans approved by Public Works Engineering, Water Quality Management Plan, Erosion Control Plan, Stormwater Pollution Prevention Plan, and Title 24 Energy Calculations to the Building Division for plan check and review, prior to the issuance of building permits.
The applicant shall provide a Scope of Work on the title page of the architectural plan set. The Scope of Work shall call out all work to be permitted (ex. Main structure, perimeter walls, trash enclosure, etc.).
The applicant shall design the structures in accordance with the 2022 California Building Code, 2022 California Mechanical Code, 2022 California Plumbing Code, and the 2022 California Electrical Code, 2022 Residential Code and the 2022 California Green Buildings Standards adopted by the State of California.
The applicant shall design the structures to withstand ultimate wind speed of 130 miles per hour, exposure C and seismic zone D.
The applicant shall submit fire sprinkler, fire alarm systems, and fire hydrant plans to the Building Division for plan review concurrently with building plans and shall be approved prior to the issuance of a building permit.
The applicant shall obtain an Electrical Permit from the Building Division for any temporary electrical power required during construction. No temporary electrical power will be granted to a project unless one of the following items is in place and approved by the Building Division: (A) Installation of a construction trailer, or, (B) Security fencing around the area where the electrical power will be located.
The applicant shall install temporary construction fencing and screening around the perimeter of the project site. The fencing and screening shall be maintained at all times during construction to protect pedestrians.
The applicant shall install any required temporary construction trailer on private property. No trailers are allowed to be located within the public right-of-way. The trailer shall be removed prior to the issuance of a Certificate of Occupancy.
The applicant shall design and construct accessible paths of travel from the building’s accessible entrances to the public right-of-way, accessible parking, and the trash enclosure. Paths of travel shall incorporate (but not limited to) exterior stairs, landings, walks and sidewalks, pedestrian ramps, curb ramps, warning curbs, detectable warning, signage, gates, lifts and walking surface materials, as necessary. The accessible route(s) of travel shall be the most practical direct route between accessible building entrances, site facilities, accessible parking, public sidewalks, and the accessible entrance(s) to the site, California Building Code, (CBC) Chapter 11, Sec, 11A and 11B.
Prior to issuance of a Building Permit all of the following must be in place on the Site: a portable toilet with hand wash station, all BMP's, fencing and signage on each adjacent street saying "If there is any dust or debris coming from this site please contact (superintendent number here) or the AQMD if the problem is not being resolved" or something similar to this.
The applicant shall provide temporary toilet facilities for the construction workers. The toilet facilities shall always be maintained in a sanitary condition. The construction toilet facilities of the non-sewer type shall conform to ANSI ZA.3.
The applicant shall underground all on site utilities to the new proposed structures, prior to the issuance of a Certificate of Occupancy, unless prior approval has been obtained by the utility company or the City.
Prior to issuance of Building Permits, site grading final and pad certifications shall be submitted to the Building Division and Engineering Division, which include elevation, orientation, and compaction. The certifications are required to be signed by the engineer of record.
The applicant shall provide proof of payment to the Rialto Unified School District for all required school fees, prior to the issuance of a building permit.
Site facilities such as parking open or covered, recreation facilities, and trash dumpster areas, and common use areas shall be accessible per the California Building Code, Chapter 11.
The applicant shall place a copy of the Conditions of Approval herein on within the building plan check submittal set and include the PPD number on the right bottom corner cover page in 20 point bold, prior to the issuance of a building permit.
The applicant shall ensure that a minimum of 65% of all construction and demo debris shall be recycled using an approved City of Rialto recycling facility during construction. Copies of receipts for recycling shall be provided to the City Inspector and a copy shall be placed in the office of the construction site.
Prior to issuance of Building Permits, on site water service shall be installed and approved by the responsible agency. On site fire hydrants shall be approved by the Fire Department. No flammable materials will be allowed on the site until the fire hydrants are established and approved.
The applicant shall comply with all applicable requirements of the California Fire Code and Chapter 15.28 (Fire Code) of the Rialto Municipal Code.
The applicant shall illuminate all walkways, passageways, and locations where pedestrians are likely to travel with a minimum of 1.5-foot candles (at surface level) of light during the hours of darkness. Lighting shall be designed/constructed in such a manner as to automatically turn on at dusk and turn off at dawn.
The applicant shall illuminate all walkways, passageways, and locations where pedestrians are likely to travel with a minimum of 1.5-foot candles (at surface level) of light during the hours of darkness. Lighting shall be designed/constructed in such a manner as to automatically turn on at dusk and turn off at dawn.
The applicant shall illuminate all alleyways, driveways, and uncovered parking areas with a minimum of 1.5-foot candles (at surface level) of light during the hours of darkness. Lighting shall be designed/constructed in such a manner as to automatically turn on at dusk and turn off at dawn.
The applicant shall design/construct all lighting fixtures and luminaries, including supports, poles and brackets, in such a manner as to resist vandalism and/or destruction by hand.
The applicant shall provide an illuminated channel letter address prominently placed on each building to be visible to the front of the location and if applicable, visible from the main street to which they are located (e.g. commercial building facing the interior of the property would require two address signs if located adjacent to a roadway), prior to the issuance of a Certificate of Occupancy.
At the discretion of the Rialto Police Department, the applicant shall install exterior security cameras at the location that cover the entire Site, prior to the issuance of a Certificate of Occupancy. The security cameras shall be accessible to the Rialto Police Department via FusionONE web application.
The applicant shall install Knox boxes immediately adjacent to the main entrance of each building and at least one (1) rear entrance on each building to facilitate the entry of safety personnel. The Knox boxes shall be installed in such a manner as to be alarmed, resist vandalism, removal, or destruction by hand, and be fully recessed into the building. The Knox boxes shall be equipped with the appropriate keys, for each required location, prior to the first day of business. The Knox-Box placement shall be shown on the formal building plan review submittal prior to the issuance of a building permit.
The applicant shall prominently display the address on each building rooftop to be visible to aerial law enforcement or fire aircraft. Specifications to be followed for alphanumeric characters are as follows: Three (3) foot tall and six (6) inches thick alphanumeric characters. The alphanumeric characters shall be constructed in such a way that they are in stark contrast to the background to which they are attached (e.g. white numbers and letters on a black background), and resistant weathering that would cause a degradation of the contrast.
The applicant shall provide an audible burglar alarm within each building, prior to the issuance of a Certificate of Occupancy. The buildings shall be alarmed in such a way as to emit a continuous audible notification until reset by responsible personnel (e.g. alarmed exit device / crash bar).
The applicant or General Contractor shall identify each contractor and subcontractor hired to work at the job site on a Contractor Sublist form and return it to the Business License Division with a Business License application and the Business License tax fee based on the Contractors tax rate for each contractor.
Prior to issuance of a Certificate of Occupancy, the Lessor of the property shall pay a business license tax based on the Rental Income Property tax rate.
SECTION 5. 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
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