RESOLUTION NO. 2024-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RIALTO, CALIFORNIA aPPROVING PRECISE PLAN OF DESIGN NO. 2023-0027 allowING development of a 3,596 square foot Car Wash building, drive-thru lane, and vacuum station aisle with required parking, landscaping, and drainage on 1.20 acres located at the northeast corner of Foothill Boulevard and Linden Avenue, (APN:0128-011-32).
WHEREAS, the applicant, Scott C. Beard for 1795 University Avenue, LLC, proposes a car wash use on one parcel of land (APN: 128-011-32), Parel 1 of recently approved Tentative Parcel Map No. 20506, located at the northeast corner North Linden Avenue and West Foothill Boulevard within the existing Residential-Mixed Use (R-MU) zone proposed to be changed to Commercial Pedestrian (C-P) in the Foothill Boulevard Specific Plan (“Site”); and WHEREAS, the Project will consist of a 3,596 square foot Car Wash building, drive-thru lane, and vacuum station aisle with required parking, landscaping, and drainage improvements on 1.20 acres located at the northeast corner of Foothill Boulevard and Linden Avenue, (APN:0128-011- 32); and, WHEREAS, Pursuant to Chapter 18.65 (Precise Plan of Design) 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. 2023-0027 (“PPD No. 2023-0027” or “PPD”); and WHEREAS, in conjunction with the Project, the applicant has applied for Conditional Development Permit No. 2023-0021 (“CDP No. 2023-0021” or “CDP”) to facilitate the vehicle service (car wash) use; 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 PPD No. 2023-0027 and CDP 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 PPD No. 2023-0027 and CDP No. 2023-0021; and closed the public hearing; and WHEREAS, on May 28TH, 2024, the City Council conducted a duly noticed public hearing, as required by law, on the Precise Plans of Design (PPD) and Specific Plan Amendment (SPA), took testimony, at which time it received input from staff, the city attorney, and the applicant; heard public testimony; discussed the proposed PPD and SPA: 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 the PPD, including written staff reports, verbal testimony, site plans, other documents, and the conditions of approval stated herein, the City Council hereby determines that the PPD 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:
The car wash will be consistent with the proposed Commercial Pedestrian (C-P) land use designation of the Foothill Boulevard Specific Plan, which conditionally permits the development and operation of vehicle services such as the proposed car wash. Conditions of Approval will be applied to ensure the any potential negative impacts will be mitigated. The Project, as conditioned herein, will comply with all City ordinances and regulations, including the Rialto Municipal Code including, but not limited to, required building setbacks, parking, landscaping, building height, floor area ratio, etc.
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 project site is comprised of three (1) parcel of land totaling approximately 1.20 gross acres in size (after the approved subdivision). The project site is vacant, generally flat, and currently undeveloped. It is comprised of one (1) parcel of land totaling approximately 1.2 gross acres in size. The project site is bound by Foothill Boulevard on the south and Linden Avenue on the west. The site and use will be serviced by all necessary utilities and is adjacent to existing compatible commercial uses. Through the entitlement review process, applied Conditions of Approval, and issuance of construction permits, the project will be arranged, designed, constructed and maintained as to not be detrimental or injurious to the health, safety, and welfare to the general public.
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. The project is surrounded by compatible commercial developments and uses. Proper access, landscape, and drainage are provided. The Project is consistent with the C-P land use district of the Foothill Boulevard Specific Plan. The project is not expected to negatively impact any surrounding uses.
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 C-P land use designation of the Foothill Boulevard Specific Plan and is a logical addition to the existing commercial developments surrounding the Site. 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. The Project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA), pursuant to Section 15332, In-Fill Development Projects. The Planning Commission directs the Planning Division to file the necessary documentation with the Clerk of the Board of Supervisors for San Bernardino County.
SECTION 4. PPD No. 2022-0003 is granted to Scott C. Beard for 1795 University Avenue, LLC, in accordance with the plans and application on file with the Planning Division, subject to the following Conditions of Approval:
The applicant is granted the PPD allowing a 3,596 square foot Car Wash building, drive-thru lane, and vacuum station aisle with required parking, landscaping, and drainage improvements on 1.20 acres located at the northeast corner of Foothill Boulevard and Linden Avenue, in the Foothill Boulevard Specific Plan subject to the Conditions of Approval contained herein.
The approval of the PPD is granted for a one (1) year period from the date of approval. Approval of the PPD 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 the PPD shall conform to the site plan, floor plan, roof plan, elevations, walls, elevations, conceptual grading plan, and landscape conceptual 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 the PPD shall comply with all Conditions of Approval contained within the associated CDP.
The development associated with PPD shall comply with all applicable sections of the Foothill Boulevard Specific Plan, 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 the PPD.
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.
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 three (3) feet in depth from the most inward wall plane, at all height variations on the proposed façade improvement. 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 the building. The internal roof access shall be identified within the formal building plan check submittal prior to the issuance of building permits.
Any new walls, including any retaining walls, shall be comprised of decorative masonry block or decorative concrete. Decorative masonry block means tan-colored slumpstone block, tan-colored split-face block, or precision block with a stucco, plaster, or cultured stone finish. Decorative concrete means painted concrete with patterns, reveals, and/or trim lines. Pilasters shall be incorporated within all new walls visible from the public right-of-way. The pilasters shall be spaced a maximum of fifty (50) 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.
All light standards installed on site, shall have a maximum height of twenty-five (25) feet, as measured from the finished surface, including the base. Lighting shall be shielded and/or directed toward the site so as not to produce direct 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 Foothill Boulevard. 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 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.
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 the PPD to the satisfaction of the City Engineer, prior to the issuance of a Certificate of Occupancy.
The applicant shall pay all applicable development impact fees in accordance with the current City of Rialto fee ordinance, prior to the issuance of any building permit related to the Project.
The applicant shall pay an In Lieu Fee contribution in the amount of 337,704.40 dollars to the City of Rialto for undergrounding of utilities, prior to the issuance of a building permit. Additionally, the applicant shall have no obligation to complete the undergrounding of utilities for the carwash project.
All requirements shall be completed to the satisfaction of the City Engineer prior to issuance of a certificate of occupancy unless otherwise noted.
Remove all graffiti within 24 hours pre-construction, during construction, and after a Certificate of Occupancy is issued.
The project 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:
PARCEL MAP – Map (recordation prior to building permit issuance) PRECISE GRADE W/ EROSION CONTROL PLAN (prior to grading permit issuance) PUBLIC IMPROVEMENT PLAN – plans may include: Street, Signing & Striping, Landscape & Irrigation, Sewer, Water, etc. (prior off-site construction permit issuance or building permit issuance, whichever occurs first) FINAL DRAINAGE STUDY (prior to grading plan approval)
FINAL WQMP (prior to grading plan approval)
LEGAL DOCUMENTS (e.g. EASEMENT(S), DEDICATION(S), LOT LINE ADJUSTMENT, VACATION, etc.) (prior to Building Permit Issuance or Occupancy Release) – These items not required to be submitted if they are included on the Parcel Map.
AS-BUILT/RECORD DRAWINGS for all plans (prior to occupancy approval) The developer is responsible for requesting address assignment from the Planning Division for any new building, irrigation water meter and electrical pedestal. Addresses for irrigation meters must be based upon approved civil plans. Addresses for electrical pedestals must be based upon approved SCE plans. The main building address shall be included on Precise Grading Plans and Building Plan set along with the PPD number. The electrical meter pedestal addresses (single or dual) shall be included in the public improvement plans.
Upon approval of any improvement plan by the City Engineer, the improvement plan shall be provided 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.
All street cuts for utilities shall be repaired 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.
A single master Off-site Construction Permit is required for any street, wet utility (RWS only), landscape and irrigation, and traffic signal improvements within the public right-of-way. 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. Note, to simplify the permitting process, a single master Off-Site Construction Permit shall replace individual Encroachment Permits to be pulled by the developer's contactor.
All median, applicable landscape easement, and parkway landscaping shall be guaranteed for a period of one year from the date of acceptance by 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.
All proposed trees within the public right-of-way and within 10 feet of the public sidewalk and/or curb shall have City approved deep root barriers installed, as required by the City Engineer.
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 Public Works Department for a list of streets subject to the moratorium.
The minimum pavement section for all on-site pavements shall be 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.
Any utility trenches or other excavations within existing asphalt concrete pavement of off-site streets required by the proposed development shall be backfilled and repaired in accordance with City of Rialto Standard Drawings. The developer shall be responsible for removing, grinding, paving and/or overlaying existing asphalt concrete pavement of off-site streets as required by and at the discretion of the City Engineer, including pavement repairs in addition to pavement repairs made by utility companies for utilities installed for the benefit of the proposed development (i.e., Fontana Water Company, Southern California Edison, Southern California Gas Company, Time Warner, Verizon, etc.). Multiple excavations, trenches, and other street cuts within existing asphalt concrete pavement of off-site streets required by 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.
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.
Construction signing, 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.
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 during the review and approval of street improvement plans required by these conditions.
OMNITRANS: The developer 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 developer shall design all bus stops to accommodate the Omnitrans Premium Shelters. Prior to Certificate of Occupancy, the developer shall submit to Public Works 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.
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 developer 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 developer 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.
Prior to grading plan approval, submit a final 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. 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. Hydrology studies shall be prepared in accordance with the San Bernardino County Hydrology Manual and Rialto drainage criteria. 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. The Applicant acknowledges that more area than currently shown on the plans may be required to mitigate site runoff as required by the review and approval of the final hydrology study.
Prior to grading plan approval, 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.
Prior to grading plan approval, a geotechnical/soils report prepared by a California registered Geotechnical Engineer shall be required 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 Division with the first submittal of the precise grading plan. The geotechnical report dated April 26, 2017 shall be reaffirmed by a geotechnical engineer to still be valid or an new geotechnical report will be required.
Prior to grading plan approval, submit a Final 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. The Applicant acknowledges additional area then proposed on the plans may be required to treat site runoff as required by the WQMP guidance document and the review and approval of the FWQMP.
Prior to grading plan approval, 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.
Prior to grading plan approval, 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. The developer’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 grading permit or on-site construction permit, submit a precise grading plan prepared by a California registered civil engineer to the Engineering Division for review and approval by the City Engineer. The plan shall conform to the requirements of the California Building Code for review and approval.
Prior to issuance of grading permit or on-site construction permit, the developer shall apply for annexation of the underlying property into City of Rialto Landscape and Lighting Maintenance District No. 2 (“LLMD 2”). 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, landscape easement, and/or parkway landscaping in the public right-of-way, or any new public street lighting improvements conditioned on the project and to be maintained by the City of Rialto post construction.
Prior to commencing with any grading, the required erosion and dust control measures shall be in place. In addition, the following shall be included if not already identified: a. Tan-colored perimeter screened fencing b. Contractor information signage including contact information along [Street Name] and [Street Name] c. 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.
Prior to street improvement plan approval or building permit issuance, whichever occurs first, dedicate additional right-of-way as may be required across driveway aprons to provide for ADA compliant public access, traffic signal equipment, and signing & striping.
Prior to street improvement plan approval, dedicate additional right-of-way on Foothill Boulevard along the entire frontage as may be required to provide a property line at ultimate right-of-way in accordance with the Foothill Boulevard Specific Plan.
Prior to street improvement plan approval, show a 4-inch conduit and pullboxes within the parkway area along the entire frontage of the property for future traffic signal interconnect use.
Prior to issuance of encroachment permit or off-site construction permit, all public improvement plans must be submitted and approved by the City Engineer.
Prior to issuance of a building permit, submit street improvement plans prepared by a registered California civil engineer to the Engineering Division 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.
Prior to issuance of building permit, Parcel Map 20506 (TPM 2023-0002) shall be approved by the City and recorded with the San Bernardino County Recorder’s Office.
Prior to issuance of 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 building permit, 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.
Prior to issuance of encroachment permit or off-site construction permit, submit street light improvement plans, for Foothill Boulevard and Linden Avenue, prepared by a California registered civil engineer to the Engineering Division. The plans shall be approved by the City Engineer prior to issuance of any building permits.
Prior to issuance of encroachment permit or off-site construction permit, submit sewer improvement plans prepared by a California registered civil engineer to the Engineering Division. The plans shall be approved by the City Engineer prior to issuance of any building permits.
Prior to issuance of encroachment permit or off-site construction permit, submit a water improvement plan approved by the local water purveyor. The developer is advised that domestic water service is provided by West Valley Water District. The developer shall be responsible for coordinating with water purveyor and complying with all requirements for establishing domestic water service to the property.
Prior to issuance of building permit, submit off-site landscaping and irrigation system improvement plans for review and approval concurrently with street improvement plan submittal to the Public Works Department. The median irrigation system, parkway irrigation system, and applicable Specific Plan required landscape easement irrigation system shall be separately metered from the on-site private irrigation to facilitate separate utility bill payment by the City after the required one-year maintenance period via the Landscape and Lighting Maintenance District No. 2. The off-site landscape and irrigation plans must show separate electrical meter, water meter, and separate irrigation lateral to be annexed into LLMD2 via a City Council public hearing process. Use of an existing LLMD2 water meter and electrical pedestal is encouraged. The Landscape and Irrigation plans shall be approved concurrently with the Street Improvement plans, including any median portion, applicable easement portion, and/or parkway portion. 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.
Prior to issuance of building permit, submit a 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 Division. Trenching for footings or construction of any building foundation is not allowed until the certifications have been submitted for review and approval by the City Engineer.
Prior to occupancy approval, all public improvements shall be constructed to City standards subject to the satisfaction of the City Engineer.
Prior to occupancy approval, provide certification from Rialto Water Services to demonstrate that all water and/or wastewater service accounts have been documented.
Prior to occupancy approval, the developer shall connect to the City of Rialto sewer system and apply for a sewer connection account with Rialto Water services.
Prior to occupancy approval, submit a WQMP Certification that demonstrates that all structural BMPs have been constructed and installed in conformance with approved plans and specifications, and as identified in the approved WQMP.
Prior to Final Tract/Parcel Map recordation, the developer must complete the LLMD2 annexation process. 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.
Prior to occupancy approval, install CAMUTCD approved “No Stopping” signage along the entire project frontage.
Prior to occupancy approval, replace any existing non-compliant, damaged, or unsatisfactory sidewalk, curb & gutter, pavement, and landscaping along the project frontage to the satisfaction of the City Engineer.
Prior to occupancy approval, construct a commercial driveway approach in accordance with City of Rialto Standard Drawing No. SC-214. The 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.
Prior to occupancy – Foothill Boulevard is designated a Major Arterial with a 120-foot street right of way and 96-foot street width. For half street plus the #1 eastbound lane including left-turn lanes, remove existing and construct new pavement with a minimum pavement section of 5 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 street frontage in accordance with City of Rialto Standard Drawings. The pavement section shall be determined using a Traffic Index (“TI”) of 10. The pavement section shall be designed by a California registered Geotechnical Engineer using "R" values from pavement core samples and submitted to the City Engineer for approval. Alternatively, depending on the existing street condition and geotechnical report, a street 2” grind and overlay, slurry seal, or other repair can be performed to preserve existing pavement improvements as approved by the City Engineer.
Prior to occupancy – Linden Avenue is designated a Collector with a 64-foot street right of way and 40-foot street width. For half street plus the #1 southbound lane including left-turn lanes, remove existing 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 street frontage in accordance with City of Rialto Standard Drawings. The pavement section shall be determined using a Traffic Index (“TI”) of 10. The pavement section shall be designed by a California registered Geotechnical Engineer using "R" values from pavement core samples and submitted to the City Engineer for approval. Alternatively, depending on the existing street condition and geotechnical report, a street 2” grind and overlay, slurry seal, or other repair can be performed to preserve existing pavement improvements as approved by the City Engineer.
Prior to Map Approval, Parcel Map 20506, shall be prepared by a California registered Land Surveyor or qualified Civil Engineer and submitted to the Engineering Division for review and approval. A Title Report prepared for subdivision guarantee for the subject property, the traverse closures for the existing parcel and all lots created therefrom, and copies of record documents shall be submitted with the Parcel Map to the Engineering Division as part of the review of the Map. The Parcel Map shall be approved by the City Council prior to issuance of building permits, except as allowed by the Subdivision Map Act. Prior to approval of the Parcel/Tract Map by the City Council, provide a Preliminary Subdivision Report from a title company and if applicable, provide evidence that Section 66436 of the Subdivision Map Act regarding interfering with the rights of easement holders has been addressed. Dedications to the public required by these conditions of approval shall be made via the Parcel Map.
Prior to Map Approval, in accordance with Government Code 66462, all required public improvements shall be completed prior to the approval of Parcel Map No. 20506. Alternatively, the applicant may enter into a Subdivision Improvement Agreement to secure the cost of all required public improvements at the time of requesting the City Engineer’s approval of Parcel Map No. 20506. The applicant will be required to secure the Subdivision Improvement Agreement pursuant to Government Code 66499 in amounts determined by the City Engineer.
Prior to Map approval, a reciprocal easement shall be shown on the Parcel Map for access and drainage rights for all parcels within the parcel map. Alternatively, a reciprocal easement by separate instrument may be submitted for review and approval.
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 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 the 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 the building, at least one (1) rear entrance on the building, and at the gate into the truck court 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 provide an audible alarm within the building, prior to the issuance of a Certificate of Occupancy. The building 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.
Private residential, public residential, commercial, and industrial fire access roads shall provide an access roadway with a minimum unobstructed width of 26 ft. wide and a minimum 14’6” vertical clearance. Additional width requirements may be applied to individual projects as determined by the Fire Marshal.
Rialto Fire Department at time of plan or permit submission will charge certain fees for plan review and inspections. Fees will be determined at time of plan review and/or inspections Rialto Fire Department at time of operational permit application will charge certain fees for permit issuance which will have, at a minimum, annual fees charged. Failure to pay required annual fees will be cause to issue a “Cease and Desist” order for the system, use or operation.
The proposed project shall comply with the applicable codes and standards of Title 24, Part 1-12 The proposed project shall pay all applicable development impact fees, pursuant to the City of Rialto Ordinances adopted at the time of permit issuance and that are amended from time to time.
The required fire flow shall be 1625 GPM for a 2 hour duration at 20 PSI residual operating pressure. Documentation is required from the local water purveyor or an approved third party verifying that the system is capable of meeting the required fire flow prior to conditions of approval being established. If a third party is being used, they must be approved by the Fire Marshal. If the system is not capable of meeting the required fire flow documentation shall be provided showing financial arrangements have been made and water system improvement plans have been submitted and approved by Rialto Fire Department and the local water purveyor to upgrade the existing system prior to release of building permits.
Private residential, public residential, commercial and industrial fire access roads shall provide an access roadway with a minimum unobstructed width of 26 ft. and a minimum 14’6” vertical clearance. Additional width requirements may be applied to individual projects as determined by the Fire Marshal.
All fire apparatus access roadways must be maintained unobstructed and drivable by fire apparatus throughout the construction process. Access roadways shall be hard surfaced (paved/concrete) and capable of holding an imposed load of 75,000 pounds including in adverse weather conditions.
Prior to combustible construction, grades for driveway and fire apparatus access roads shall not exceed 12%. Fire Department approval and additional conditions are required for grades exceeding 12% maximum. Angle of approach and departure for driveways shall not exceed 7 degrees. Grades exceeding 12% shall be concrete with a deep broom finish perpendicular to the access roadway along with other conditions as determined by the Fire Marshal.
All required fire apparatus access roads, fire lanes, fire department turn- around and entry/exit drives shall have a minimum ☒ 26 ft. turning radius for fire apparatus depending on size, location and type of project. Site plans shall provide a fire department turning radius template along the fire access roadway or within a detail confirming that the radius meets Rialto Fire Department requirements.
Fire Apparatus Access roads (all roads in project) shall be usable (paved), accessible and fire hydrant(s) shall be capable of flowing required GPM and shall be tested/accepted by Rialto Fire Dept. prior to dropping any lumber for construction.
Loading zones are required adjacent to loading doors and shall be designated on the Development Site or Plot Plan and shall be marked on the appropriate ground surface. Loading zones shall not interfere with required Fire Lanes or emergency ingress/egress capabilities.
Roadway design features (speed humps, bumps, speed control dips, etc.) which may interfere, or delay emergency apparatus responses shall not be installed or allowed to remain on the emergency access roadways.
Water improvement plans shall be approved by Rialto Fire Department. The Developer shall furnish Rialto Fire Department with three (3) copies of the water improvement plans designed by a Registered Engineer and/or Licensed Contractor. On-site private fire service mains shall have a minimum of eight (8) inch water mains with six (6) inch laterals and risers. Larger pipes maybe required to meet required fire flow requirements. Fire hydrants shall provide one 4” port and 2- 2 ½ ports and must be an approved fire hydrant type. The private fire hydrant system must be approved, installed, tested, and accepted, prior to combustible construction.
Fire hydrant water mains that supply two (2) or more fire hydrants shall be looped to provide adequate supply.
The existing fire hydrant system is insufficient to provide the required fire flow. This system is required to be upgraded to meet the required fire flow as identified above.
Prior to combustibles being brought to the site, the developer shall provide written certification from the local water purveyor, dated within the last thirty days, that:
All public fire hydrants or water purveyor connections required of the project have been installed, tested, and approved, and Are permanently connected to the public water main system, and Are capable of supplying the required fire flow as required by Rialto Fire Department.
In multi-family zones and in commercial and industrial zones, fire hydrants shall be installed at intersections, at the beginning radius of cul-de-sacs, and every 300 feet of fire access roadways, regardless of parcel size. The size of fire hydrant outlets shall be a minimum of one 4 inch and two 2-½ inch NST outlet as required by the Fire Code official. Exception: When improved methods of fire protection are provided, beyond those required by the Code, and accepted by the Fire Code official, adjusted spacing of fire hydrants from those set forth above may be considered.
Fire hydrants shall be painted per Rialto Fire Department and the local water purveyor standards and be maintained free of obstructions. Blue reflective raised pavement markers shall be installed on the pavement at approved locations marking each fire hydrant location.
Public and private water utility mains must provide the level of reliability/redundancy determined necessary by Rialto Fire Department and the local water purveyor.
If any fire hydrant is taken “OUT OF SERVICE” – Rialto Fire Department shall be notified immediately and the hydrant marked, bagged, or otherwise identified as OUT OF SERVICE as directed by the Fire Marshal.
Fire lane designations shall be required for all fire access roadways as determined by Rialto Fire Department. Posted signs which state “FIRE LANE, NO PARKING CVC 22500.1” shall be installed every 50 feet. Curbs shall be painted red and stenciled with white letters indicating the same on the face and top of any curb as directed by Rialto Fire Department. All Fire lanes shall be marked and identified prior to Certificate of Occupancy.
Permanent residential three-dimensional street numbers, minimum 4 inches in height, shall be provided on the address side of the building at the highest point and furthest projection of the structure. The address shall be illuminated and be visible form the street and shall not be obstructed in any manner.
Rialto Water Services (RWS) serves water in the proposed project area. The City shall have the developer improve the 10” AC water main from the existing terminal end on Linden Avenue, west of the project, and connect to the existing 10” AC water main on Foothill Blvd. which terminates at the southeastern corner of this project. This improvement is necessary to properly manage the City’s water zone pressure for this project.
This project shall require new fire hydrants to be installed both on Linden Avenue and Foothill Boulevard and flow tested by a third party contractor. This flow test shall be observed by the RWS Field Operations, Supervisor.
The City of Rialto Public Works Department requires all water improvements to be constructed according to the City’s Construction Standards with one exception; Rialto Water Services recommends the installation of a Clow model # 800 wet barrel fire hydrant in yellow, combined with a Clow model # LBI 400A fire hydrant check valve. The City of Rialto Utilities Manager shall review all utility improvement plans.
A cross connection control device shall be required on all commercial developments. A backflow preventer required herein shall be of a model that has been manufactured in full conformance with "Standards" established by the American Water Works Association entitled: "AWWA C506-69 Standards for Reduced Pressure Principle and Double Check Valve Backflow Prevention Devices." Separate meters and accounts will be required for all commercial, irrigation, and fire service connections for this project.
Rialto Water Services (RWS) serves sewer in the proposed project area. An existing 8” VCP sewer gravity main is available for connection on Linden Avenue.
The City requires the developer to install a properly sized oil/water separator with adequate flow capacity to treat any car wash wastewater discharged to the City sewer connection.
The City of Rialto Public Works Department requires all sewer improvements to be constructed according to the City’s Construction Standards. The City of Rialto Utilities Manager shall review all utility improvement plans.
The developer shall show proof of service being established and a new service application shall be completed prior to being issued a Certificate of Occupancy. The applicant can call the Rialto Water Services Customer Service Representative for New Development, directly at 909-820-3756 for support.
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
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