RESOLUTION NO. 2024-XX_
A RESOLUTION OF THE CITY COUNCIL OF THEY CITY OF RIALTO, CALIFORNIA, APPROVING SPECIFIC PLAN AMENDMENT NO. 2023-001 TO CHANGE THE SPECIFIC PLAN ZONING DESIGNATION OF APPROXIMATELY 2.17 ACRES OF LAND (APN: 128-011-32) LOCATED AT THE NORTHEAST CORNER OF NORTH LINDEN AVENUE AND WEST FOOTHILL BOULEVARD from RESIDENTIAL MIXED USE (R-MU) TO COMMERCIAL PEDESTRIAN (C-P) WITHIN THE FOOTHILL BOULEVARD SPECIFIC PLAN.
WHEREAS, approximately 2.17 acres of land (APN: 128-011-32) located at the northeast corner of North Linden Avenue and Foothill Boulevard, described in the legal description attached as Exhibit A (“Site”), is within the boundary of the Foothill Boulevard Specific Plan and is currently zoned Residential Mixed Use (R-MU); and WHEREAS, an application was filed for the proposed change to the specific plan zoning designation of the Site from R-MU to Commercial Pedestrian (C-P) within the Foothill Boulevard Specific Plan (“Project”); and WHEREAS, in conjunction with the Project, the applicant submitted a Tentative Parcel Map No. 2023-0002, also referred to as Tentative Parcel Map No. 20506, in accordance with the Subdivision Map Act (Government Code §§ 66410 et seq.), to subdivide one (1) parcel of land into two (2) parcels of land, Parcel 1, 1.20 net acres and Parcel 2, 0.97 net acres (“TPM No. 20506”) and was previously approved by the Planning Commission; and WHERAS, at the regularly scheduled Planning Commission date of February 7, 2024, The Planning Commission approved the tentative parcel map; and WHEREAS, in conjunction with the Project, the applicant has submitted Conditional Development Permit No. 2023-0021 a request to develop a 3,596 square foot Car Wash building, drive-thru lane, and vacuum station aisle with required parking and landscaping on 1.20 acres on the Site (“CDP No. 2023-0021”); and WHEREAS, on May 28th, 2024, the City Council conducted a duly noticed public hearing, as required by law, on the SPA and PPD, took testimony, at which time it received input from staff, the city attorney, and the Applicant; heard public testimony; discussed the proposed SPA and PPD; and approved the project; and WHEREAS, in conjunction with the Project, the applicant has submitted Precise Plan of Design No. 2023-0027 to develop a 3,596 square foot Car Wash building, drive-thru lane, and vacuum station aisle with required parking and landscaping on 1.20 acres on the Site (“PPD No. 2023-0027”); and WHEREAS, pursuant to Section 18.78.060 of the Rialto Municipal Code, the Project requires the approval of an amendment to the Foothill Boulevard Specific Plan, a Specific Plan Amendment was submitted; and WHEREAS, pursuant to Section 18.78.010 of the Rialto Municipal Code, the City Council is authorized to adopt and implement specific plans with the City; and WHEREAS, pursuant to Section 18.78.060E and Section 18.78.060F of the Rialto Municipal Code, the Planning Commission shall hold a public hearing for a proposed amendment to an adopted specific plan and forward a recommendation to the City Council for action; and WHEREAS, on May 15, 2024, the Planning Commission of the City of Rialto conducted a duly noticed public hearing, as required by law, on SPA No. 2023-001, CDP No. 2023-0021, and PPD No. 2023-0021, took testimony, at which time it received input from staff, the city attorney, and the Applicant; heard public testimony; discussed the proposed project; and closed the public hearing; and WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred.
NOW, THEREFORE, BE IT RESOLVED 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 the SPA, including written staff reports, verbal testimony, project plans, other documents, and the conditions of approval stated herein, the City Council hereby determines that SPA satisfies the requirements of Government Code Sections 65358 and 65453 and Section 18.78.060I of the Rialto Municipal Code pertaining to the findings which must be made precedent to amending a Specific Plan. The findings are as follows:
That the proposed Specific Plan Amendment is consistent with the goals and policies of the General Plan and its purposes, standards and land use guidelines; and This finding is supported by the following facts:
The application to change the specific plan zoning designation of the Site to Commercial Pedestrian (C-P) within the Foothill Boulevard Specific Plan. The proposed C-P zoning designation is consistent with the Specific Plan Overlay land use designation and will serve to facilitate the Development.
Furthermore, the Project is consistent with Goal 3-1 of the Economic Development Element of the General Plan, which encourages strengthening and diversification of the economic base and employment opportunities, while maintaining a positive business climate. The change in the Specific Plan land use designation of the Site from R-MU to C-P will lead to the development of a commercial building on land that has remained historically under-developed and without any commercial or residential uses under the current zoning.
That the proposed Specific Plan Amendment will help achieve a balanced community of all races, age groups, income levels and ways of life; and This finding is supported by the following facts:
That the proposed Specific Plan Amendment results in development of desirable character, which will be compatible with existing and proposed development in the surrounding neighborhood; and This finding is supported by the following facts:
The Project will facilitate the development of a high-quality car wash facility. The proposed development is consistent with existing commercial developments to the east, south, and west of the Site and other recent commercial developments within the Foothill Boulevard Specific Plan area.
The immediate area is predominantly designated for and developed with commercial uses, and as a result, there are no sensitive land uses adjacent to or across the street from the Site. The project is not expected to negatively impact any uses since measures, such as landscape buffering, are incorporated into the site design.
That the proposed Specific Plan Amendment contributes to a balance of land uses that will enable local residents to work and shop in the community in which they live; and This finding is supported by the following facts:
The Site has remained undeveloped. The development of the Site will provide a service not readily available in the general area and will enable local residents to utilize the car wash. The C-P zoning designation will maintain consistency with the surrounding area and provide job opportunities for those living in existing residential areas within the City.
That the proposed Specific Plan Amendment respects the environmental and aesthetic assets of the community consistent with economic realities; and This finding is supported by the following facts:
The proposed project on the Site is considered infill and is exempt from the California Environmental Quality Act. The Site is currently undeveloped, surrounded by other commercial uses, and is not known to be habitat to any threatened or endangered species. Additionally, development of the proposed car wash will add architectural aesthetic, meeting or exceeding design guidelines of the Specific Plan, to the intersection consistent with the other existing commercial developments in the area.
That the proposed Specific Plan Amendment incorporates, where feasible, active and passive energy conservation measures.
This finding is supported by the following facts:
The development, enabled by the Project, is required to meet or exceed California Building Code Title 24, Part 6 Energy Efficiency Standards. This will be achieved through the implementation of features such as, but not limited to, energy efficient windows, energy efficient heating and cooling systems, and water efficient landscaping.
SECTION 3. Environmental Assessment Review No. 2023-0035) determined that the project is categorically exempt (Class 32) as infill development in accordance with the California Environmental Quality Act (CEQA). The project site is less than five acres, substantially surrounded by existing development, and is not habitat for any threatened or endangered species. Staff recommends that the City Council direct the Planning Division to file the necessary documentation, such as the Notice of Exemption, with the Clerk of the Board of Supervisors for San Bernardino County.
SECTION 4. The Planning Commission hereby recommends that the City Council approve SPA No. 2023-0001 to change the specific plan zoning designation of the Site from Residential Mixed Use (R-MU) to Commercial Pedestrian (C-P) within the Foothill Boulevard Specific Plan, in accordance with the applications on file with the Planning Division, subject to the following conditions:
SPA No. 2023-001 is approved changing the specific plan zoning designation of approximately 2.17 acres of land (APN: 128-011-32) located at the northeast corner of North Linden Avenue and Foothill Boulevard, described in the legal description attached as Exhibit A (“Site”), within the boundary of the Foothill Boulevard Specific Plan.
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 SPA No. 2024-0003.
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.
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 28th 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”
Current Zoning Proposed Zoning
Residential-Mixed Use (R-MU) Commercial Pedestrian (C-P) -10-
1234567891011121314151617181920212223242526272812345678910111213141516171819202122232425262728 1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28