1 RESOLUTION NO. 2024-45
2 A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF RIALTO, CALIFORNIA APPROVING AN ADDENDUM
TO THE ENVIRONMENTAL IMPACT REPORT FOR THE
4 RIALTO AIRPORT SPECIFIC PLAN (ENVIRONMENTAL
ASSESSMENT REVIEW NO. 2023-0022) FOR A PROJECT
5 CONSISTING OF THE CONSOLIDATION OF SIX (6) PARCELS
6 OF LAND (APN'S: 0239-301-39, -40, -51, -55, -56, & -64) INTO ONE (1) 11.19 NET ACRE PARCEL OF LAND AND THE
7 DEVELOPMENT AND OPERATION OF A 225,173 SQUARE
FOOT INDUSTRIAL WAREHOUSE BUILDING ON SAID
8 PARCEL OF LAND.
9 10 WHEREAS, the applicant, Rialto Springs, LLC, proposes to consolidate six (6) parcels of 11 land (APN's: 0239-301-39, -40, -51, -55, -56, & -64) located at the southeast corner of Locust 12 Avenue and West Coast Boulevard within the Planned Industrial Development (I-PID) land use 13 district of the Rialto Airport Specific Plan ("Site") into one (1) 11.19 net acre parcel of land and 14 develop and operate a 225,173 square foot industrial warehouse building on said parcel of land 15 ("Project"); and
16 WHEREAS, in conjunction with the Project, the applicant has submitted Tentative Parcel 17 Map No. 2023-0001, also referred to as Tentative Parcel Map No. 20853 ("TPM No. 20853"), in 18 accordance with the Subdivision Map Act (Government Code §§ 66410 et seq.), to consolidate the six (6) parcels of land within the Site into one (1) 11.19 net acre parcel of land; and 20 WHEREAS, in conjunction with the Project, the applicant has applied for Conditional 21 Development Permit No. 2023-0011 ("CDP No. 2023-0011") to facilitate the development and 22 operation of a 225,173 square foot industrial warehouse building on the Site, and CDP No. 2023- 23 0011 is necessary to facilitate the Project; and
24 WHEREAS, in conjunction with the Project, the applicant has applied for Precise Plan of 25 Design No. 2023-0018 ("PPD No. 2023-0018") to facilitate the development of a 225,173 square 26 foot industrial warehouse building and associated paving, landscaping, fencing, lighting, and 27 drainage improvements on the Site; and
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1 WHEREAS, pursuant to the provisions of California Environmental Quality Act (CEQA) 2 Section 15164(a), Public Resources Code Sections 21000 et. seq. ("CEQA"), the State's CEQA Guidelines, California Code of Regulations, Title 14, Section 15000 et. seq., and Government Code Section 65962.5(f) (Hazardous Waste and Substances Statement), the City reviewed an Addendum to the Environmental Impact Report for the Rialto Airport Specific Plan (Environmental Assessment Review No. 2023-0022) prepared by Kimley-Horn & Associates, Inc., Exhibit "A" hereto, and determined that the proposed Project would result in no new significant impacts that were not analyzed in the Rialto Airport Specific Plan Environmental Impact Report ("RASP EIR"), nor would the proposed Project cause a substantial increase in the 10 severity of any previously identified environmental impacts. The potential impacts associated with 11 proposed Project would either be the same or less than those described in the RASP EIR. In 12 addition, there are no substantial changes to the circumstances under which the proposed Project 13 would be undertaken that would result in new or more severe environmental impacts than 14 previously addressed in the RASP EIR, nor has any new information regarding the potential for 15 new or more severe significant environmental impacts been identified; and 16 WHEREAS, the City mailed public hearing notices for the proposed Project to all property 17 owners within 1,000 feet of the project site, and published the public hearing notice in the San 18 Bernardino Sun newspaper as required by State law; and 19 WHEREAS, on July 17, 2024, the Planning Commission of the City of Rialto conducted a 20 duly noticed public hearing, as required by law, on the Addendum to the Environmental Impact 21 Report for the Rialto Airport Specific Plan, TPM No. 20853, CDP No. 2023-0011, and PPD No. 22 2023-0018, took testimony, at which time it received input from staff, the city attorney, and the 23 Applicant; heard public testimony; discussed the proposed Addendum to the Program 24 Environmental Impact Report for the Renaissance Specific Plan, TPM No. 20853, CDP No. 2023- 25 0011, and PPD No. 2023-0018; and continued the public hearing to the following meeting on 26 August 7, 2024; and
27 WHEREAS, on August 7, 2024, the Planning Commission of the City of Rialto conducted 28 a duly noticed public hearing, as required by law, on the Addendum to the Environmental Impact -2-
1 Report for the Rialto Airport Specific Plan, TPM No. 20853, CDP No. 2023-0011, and PPD No. 2 2023-0018, took testimony, at which time it received input from staff, the city attorney, and the 3 Applicant; heard public testimony; discussed the proposed Addendum to the Program 4 Environmental Impact Report for the Renaissance Specific Plan, TPM No. 20853, CDP No. 2023- 5 0011, and PPD No. 2023-0018; and closed the public hearing; and 6 WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred. 7 NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Rialto 8 Has follows:
9 SECTION 1: The Planning Commission hereby finds all of the above recitals to be true 10 and correct.
11 SECTION 2: The City of Rialto is the Lead Agency for the Project, as determined by 12 CEQA. Based on the Addendum to the Environmental Impact Report for the Rialto Airport 13 Specific Plan (Environmental Assessment Review No. 2023-0022) and the accompanying 14 technical studies, it has been determined that:
15 16 1. There are no substantial changes to the Project or the circumstances under which the 17 Project will be carried out that will require major revisions to the previously certified EIR. 18 19 2. The Project will not result in new significant environmental effects or substantial increases 20 in the severity of previously identified significant effects. 21 22 3. There is no new information substantial importance, which was known or could have been 23 known with the exercise of reasonable diligence at the time the previous EIR was certified. 24 25 4. The Project will not have any significant effects that are not identified and discussed in the 26 previously certified EIR, and there are no newly feasible, or considerably different, 27 mitigation measures or alternatives which would substantially reduce one or more 28 significant effects of the Project which the applicant declines to adopt. -3-
1 SECTION 3: The Planning Commission hereby adopts the Addendum to the Environmental Impact Report for the Rialto Airport Specific Plan (Environmental Assessment 3 Review No. 2023-0022), attached hereto as Exhibit "A", prepared in accordance with CEQA for 4 the Project.
5 6
7 SECTION 4: The Chairman of the Planning Commission shall sign the passage and 8 adoption of this resolution and thereupon the same shall take effect and be in force. 9 PASSED, APPROVED AND ADOPTED this 7th day of _August. 2024. 10 11
12 JERRY GUTTERREZ,
13 CITY OF RIALTO PLANNING COMMISSION
14 15
16 17
18 19
20 21
22 23
24 25
26 27
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1 RESOLUTION NO. 2024-46
2 A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF RIALTO, CALIFORNIA APPROVING PRECISE PLAN
3 OF DESIGN NO. 2023-0018 ALLOWING THE DEVELOPMENT
4 OF A 225,173 SQUARE FOOT INDUSTRIAL WAREHOUSE
BUILDING AND ASSOCIATED PAVING, LANDSCAPING,
5 FENCING, LIGHTING, AND DRAINAGE IMPROVEMENTS ON
11.19 NET-ACRES OF LAND (APN'S: 0239-301-39, -40, -51, -55, 6 -56 & -64) LOCATED AT THE SOUTHEAST CORNER OF
7 LOCUST AVENUE AND WEST COAST BOULEVARD WITHIN
THE PLANNED INDUSTRIAL DEVELOPMENT (I-PID) LAND
8 USE DISTRICT OF THE RIALTO AIRPORT SPECIFIC PLAN.
9 WHEREAS, the applicant, Rialto Springs, LLC, proposes to develop a 225,173 square foot 10 industrial warehouse building and associated paving, landscaping, fencing, lighting, and drainage 11 improvements ("Project") on 11.19 net-acres of land (APN's: 0239-301-39, -40, -51, -55, -56 & -64) 12 located at the southeast corner of Locust Avenue and West Coast Boulevard within the Planned 13 Industrial Development (I-PID) land use district of the Rialto Airport Specific Plan ("Site"); and 14 WHEREAS, the Project will consist of 5,000 square feet of office space on the ground 15 floor, 5,000 square feet of office space on the second floor, and 215,173 square feet of storage 16 space, thirty-one (31) dock-high loading doors, which will be located on the west side of the 17 building, concrete screen walls, an abundant amount of landscaping, and full pedestrian and 18 vehicle access; and
19 WHEREAS, Pursuant to Chapter 18.65 (Precise Plan of Design) of the Rialto Municipal 20 Code, the Project requires a Precise Plan of Design, and the applicant has agreed to apply for Precise 21 Plan of Design No. 2023-0018 ("PPD No. 2023-0018"); and 22 WHEREAS, in conjunction with the Project, the applicant has applied for Tentative Parcel 23 Map No. 2023-0001, also referred to as Tentative Parcel Map No. 20853, ("TPM No. 20853"), to 24 facilitate the consolidation of six (6) parcels of land (APNs: 0239-301-39, -40, -51, -55, -56 & -64) 25 into one (1) 11.19 net-acre parcel of land; and
26 WHEREAS, in conjunction with the Project, the applicant has applied for Conditional 27 Development Permit No. 2023-0011 ("CDP No. 2023-0011") to facilitate the development and use 28 of a 225,173 square foot industrial warehouse building on the Site; and -1-
1 WHEREAS, on July 17, 2024, the Planning Commission of the City of Rialto conducted a 2 duly noticed public hearing, as required by law, on PPD No. 2023-0018, TPM No. 20853, and CDP No. 2023-0011, took testimony, at which time it received input from staff, the city attorney, 4 and the applicant; heard public testimony; discussed the proposed PPD No. 2023-0018, TPM No. 5 20853, and CDP No. 2023-0011; and continued the public hearing to the following meeting on 6 August 7, 2024; and
7 WHEREAS, on August 7, 2024, the Planning Commission of the City of Rialto conducted 8 a duly noticed public hearing, as required by law, on CDP No. 2023-0011, TPM No. 20853, and 9 PPD No. 2023-0018, took testimony, at which time it received input from staff, the city attorney, 10 and the applicant; heard public testimony; discussed the proposed CDP No. 2023-0011, TPM No. 11 20853, and PPD No. 2023-0018; and closed the public hearing; and 12 WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred. 13 NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Rialto 14 as follows:
15 SECTION 1. The Planning Commission hereby specifically finds that all of the facts set forth 16 in the recitals above of this Resolution are true and correct and incorporated herein. 17 SECTION 2. Based on substantial evidence presented to the Planning Commission during 18 the public hearing conducted with regard to the PPD No. 2023-0018, including written staff reports, 19 verbal testimony, site plans, other documents, and the conditions of approval stated herein, the 20 Planning Commission hereby determines that the PPD No. 2023-0018 satisfies the requirements of 21 Section 18.65.020E of the Rialto Municipal Code pertaining to the findings which must be made 22 precedent to granting a Precise Plan of Design. The findings are as follows:
23 The proposed development is in compliance with all city ordinances and regulations, unless in accordance with an approved variance; and
24 25 This finding is supported by the following facts:
26 The Site has a General Plan designation of Light Industrial with a Specific Plan Overlay 27 and a zoning designation of Rialto Airport Specific Plan. The Site's land use designation within the Rialto Airport Specific Plan is Planned Industrial Development (I-PID). Those 28 designations allow for the development and use of industrial warehouse buildings, as proposed by the Project. The Project, as conditioned herein, will comply with all City -2-
1 ordinances and regulations, including those required by the Planned Industrial Development (I-PID) land use district of the Rialto Airport Specific Plan and the City's 2 Design Guidelines. Additionally, the Project meets all the required development standards 3 of the Employment (EMP) land use district of the Rialto Airport Specific Plan and Chapter
18.112 (Indoor Storage Facilities) of the Rialto Municipal Code including, but not limited 4 to, required building setbacks, parking, landscaping, building height, floor area ratio, etc. 5 The site is physically suitable for the proposed development, and the proposed
2. 6 development will be arranged, designed, constructed, and maintained so that it will not be unreasonably detrimental or injurious to property, improvements, or the health, 7 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 8 applicable specific plan and its objectives; and
9 This finding is supported by the following facts:
10 = The Site is approximately 11.19 acres in size, bound by two (2) public streets (Locust Avenue and West Coast Boulevard), and is within the Planned Industrial Development (I- 12 PID) land use district of the Rialto Airport Specific Plan. To the north of the project site, across West Coast Boulevard, are several single-family residences, and to the east is a tract 13 of single-family residences. To the south is an existing contractor's storage yard, occupied 14 by Condon Johnson, and to the west, across Locust Avenue, is a partially developed storage yard, occupied by Pyro Spectaculars. The nearest sensitive uses are the single-family 15 residences to the north and east of the Site. The project is not expected to negatively impact any uses with the successful implementation of measures such as landscape buffering, 16 placement of the truck court on the west side of the building, the installation of solid screen 17 walls around the truck court, aesthetic building enhancements, and other traffic related measures.
18 The proposed development will not unreasonably interfere with the use or enjoyment 19 of neighboring property rights or endanger the peace, health, safety or welfare of the 20 general public; and
21 This finding is supported by the following facts:
22 The Project's effects will be minimized through the implementation of the Conditions of 23 Approval contained herein, such as extensive landscaping, concrete screen walls, and enhanced architectural features. To the north of the project site, across West Coast Boulevard, 24 are several single-family residences, and to the east is a tract of single-family residences. To 25 the south is an existing contractor's storage yard, occupied by Condon Johnson, and to the west, across Locust Avenue, is a partially developed storage yard, occupied by Pyro 26 Spectaculars. The Project is consistent with the Planned Industrial Development (I-PID) land use district of the Rialto Airport Specific Plan and the existing industrial land uses to the south 27 and west of the Site. The nearest sensitive uses are the single-family residences to the north 28 and east of the Site. The Project is not expected to negatively impact any surrounding uses with the successful implementation of measures such as landscape buffering, placement of -3-
1 the truck court on the west side of the building, the installation of solid screen walls around the truck court, aesthetic building enhancements, and other traffic related measures. 2 3 The proposed development will not substantially interfere with the orderly or planned development of the City of Rialto.
4 5 This finding is supported by the following facts:
6 The Project is consistent with the Planned Industrial Development (I-PID) land use district of the Rialto Airport Specific Plan and is a logical addition to the existing industrial developments to the south and west of the Site. The design of the Project will ensure a 8 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, 9 and design requirements to ensure the Project will enhance the infrastructure and aesthetics of the local community.
10 11 SECTION 3. An Addendum to the Environmental Impact Report for the Rialto Airport 12 Specific Plan (Environmental Assessment Review No. 2023-0022) has been prepared for the Project 13 in accordance with the California Environmental Quality Act (CEQA), and it has been determined 14 that the proposed Project would result in no new significant impacts that were not analyzed in the 15 Rialto Airport Specific Plan Environmental Impact Report ("RASP EIR"), nor would the proposed 16 Project cause a substantial increase in the severity of any previously identified environmental impacts. 17 The potential impacts associated with proposed Project would either be the same or less than those 18 described in the RASP EIR. In addition, there are no substantial changes to the circumstances under 19 which the proposed Project would be undertaken that would result in new or more severe 20 environmental impacts than previously addressed in the RASP EIR, nor has any new information 21 regarding the potential for new or more severe significant environmental impacts been identified. The 22 Planning Commission hereby adopts the Addendum to the Environmental Impact Report for the 23 Rialto Airport Specific Plan (Environmental Assessment Review No. 2023-0022) for the Project. 24 25 SECTION 4. PPD No. 2023-0018 is granted to Rialto Springs, LLC, in accordance with the 26 plans and application on file with the Planning Division, subject to the following Conditions of 27 Approval:
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1 The applicant is granted the PPD No. 2023-0018 allowing the development of a 225,173 square foot industrial warehouse building and associated paving, landscaping, fencing, 2 lighting, and drainage improvements on approximately 11.19 net-acres of land (APN's:
3 0239-301-39, -40, -51, -55, -56 & -64) located at the southeast corner of Locust Avenue and West Coast Boulevard within the Planned Industrial Development (I-PID) land use 4 district of the Rialto Airport Specific Plan, subject to the Conditions of Approval contained herein.
5 6 The approval of PPD No. 2023-0018 is granted for a three (3) year period from the date of approval. Approval of PPD No. 2023-0018 will not become effective until the 7 applicant has signed a Statement of Acceptance acknowledging awareness and acceptance of the required Conditions of Approval contained herein. Any request for 8 an extension shall be reviewed by the Community Development Director and shall be 9 based on the progress that has taken place toward the development of the project. 10 3. The development associated with PPD No. 2023-0018 shall conform to the site plan, 11 floor plan, roof plan, elevations, conceptual grading, and overall conceptual landscape plan attached hereto as Exhibit A, except as may be required to be modified based on 12 the Conditions of Approval contained herein.
13 The development associated with PPD No. 2023-0018 shall comply with all Conditions 14 of Approval contained within CDP No. 2023-0011.
15 5. The development associated with PPD No. 2023-0018 shall comply with all applicable sections of the Rialto Airport Specific Plan, the Rialto Municipal Code, and all other applicable State and local laws and ordinances.
17 City inspectors shall have access to the site to reasonably inspect the site during
6. 18 normal working hours to assure compliance with these conditions and other codes.
7. The applicant shall indemnify, protect, defend, and hold harmless, the City of Rialto, 20 and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof (collectively, the "City Parties"), from any and all claims, 21 demands, law suits, writs of mandamus, and other actions and proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative 22 dispute resolutions procedures (including, but not limited to arbitrations, mediations, 23 and other such procedures), (collectively "Actions"), brought against the City, and/or any of its officials, officers, employees, agents, departments, agencies, and 24 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 25 its officials, officers, employees, agents, departments, agencies, and instrumentalities 26 thereof (including actions approved by the voters of the City), for or concerning the Project (collectively, the "Entitlements"), whether such Actions are brought under 27 the California Environmental Quality Act, the Planning and Zoning Law, the Subdivision Map Act, Code of Civil Procedure Chapter 1085 or 1094.5, the 28 California Public Records Act, or any other state, federal, or local statute, law, -5-
1 ordinance, rule, regulation, or any decision of a court of competent jurisdiction. This condition to indemnity, protect, defend, and hold the City harmless shall include, but 2 not be limited to (i) damages, fees and/or costs awarded against the City, if any, and 3 (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 4 the City and/or other parties initiating or bringing such proceeding (collectively, subparts (i) and (il) are the "Damages"). Notwithstanding anything to the contrary 5 contained herein, the Applicant shall not be liable to the City Parties under this 6 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 8 herein within five (5) days of approval of PPD No. 2023-0018. 9 In accordance with the provisions of Government Code Section 66020(d)(1), the 10 imposition of fees, dedications, reservations, or exactions for this Project, if any, are 11 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, 12 reservations, or exactions imposed on the Project.
13 9. The applicant shall secure the services of a tribal cultural monitor to be present during 14 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- 15 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 16 Planning Division prior to the issuance of a grading permit. 17 10. As volunteered by the applicant, the applicant shall construct the full width of West 18 Coast Boulevard, including new curb, gutter, sidewalks, and street paving along the 19 entire project frontage, as approved by the City Engineer, prior to the issuance of a Certificate of Occupancy.
20 11. The applicant shall install decorative pavement within each driveway connected to 21 Locust Avenue and West Coast Boulevard Avenue. The decorative pavement shall 22 extend across the entire width of each driveway and shall have a minimum depth of twenty-five (25) feet as measured from the property line along each respective street. 23 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 24 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 25 grading permit. Additionally, the location and type of decorative pavement shall be 26 identified on the formal Landscape Plan submittal, and other on-site improvement plans, prior to the issuance of building permits.
27 28 12. 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 -6-
1 downspouts through the interior of the building. The internal downspouts shall be identified within the formal building plan check submittal prior to the issuance of 2 building permits.
3 13. In order to provide enhanced building design in accordance with Chapter 18.61 (Design 4 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 5 on all four (4) sides of the building. The parapet returns shall be demonstrated on the 6 roof plans within the formal building plan check submittal prior to the issuance of building permits.
7 14. In order to provide enhanced building design in accordance with Chapter 18.61 (Design 8 Guidelines) of the Rialto Municipal Code, the applicant shall provide internal roof 9 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. 10 = 15. Any new walls, including any retaining walls, shall be comprised of decorative masonry block or decorative concrete. Decorative masonry block means tan-colored slumpstone 12 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 13 trim lines. Pilasters shall be incorporated within all new walls visible from the public 14 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 15 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. 16 All walls and pilasters shall be identified on the site plan and Precise Grading Plan, and 17 an elevation detail for the walls shall be included in the formal building plan check submittal prior to the issuance of building permits.
18 16. Any new fencing installed on site shall be comprised of tubular steel. All fencing shall 19 be identified on the site plan, and an elevation detail for the fencing shall be included in 20 the formal building plan check submittal prior to the issuance of building permits. 21 17. The applicant shall install solid or louvered metal gates at each entry of the truck court for the purpose of screening trucks and trailers within the truck court, prior to the 22 issuance of a Certificate of Occupancy. The new gates shall be painted black or a color 23 matching the color of the adjoining wall. The new gates shall be identified on the site plan, and an elevation detail for the gate shall be included in the formal building plan 24 check submittal prior to the issuance of building permits. 25 18. The applicant shall construct at least one (1) ADA accessible trash enclosure on the 26 project site. The trash enclosure shall provide room for one (1) commercial waste container and one (1) commercial recycling container. The exterior of any trash 27 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 28 and chain-link are not acceptable materials to use as a part of the trash enclosure. The -7-
1 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 2 any trash enclosure shall be provided within formal building plan check submittal prior 3 to the issuance of building permits.
4 19. All light standards installed on site, shall have a maximum height of twenty-eight (28) feet, as measured from the finished surface, including the base. Lighting shall be 5 shielded and/or directed toward the site so as not to produce direct glare or "stray light" 6 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 7 check submittal prior to the issuance of building permits. 8 20. The applicant shall submit a formal Landscape Plan to the Planning Division prior to 9 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 10 11
21. The applicant shall plant one (1) tree every three (3) parking spaces. All parking lot 12 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 13 species shall consist of evergreen broadleaf trees. The trees shall be identified on the 14 formal Landscape Plan submittal prior to the issuance of a landscape permit. 15 22. The applicant shall plant one (1) tree every thirty (30) feet on-center within the on-site landscape setbacks along Locust Avenue and West Coast Boulevard. All trees within 16 the landscape setback shall be a minimum of twenty-four (24) inch box in size, upon 17 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 18 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 19 be identified on the formal Landscape Plan submittal prior to the issuance of a landscape 20 permit.
21 23. The applicant shall plant one (1) tree every thirty (30) feet on-center within the public 22 right-of-way parkway along Locust 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. 23 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 24 species along Locust Avenue shall be the Robinina Idahoensis "Idaho Locust". The 25 street trees shall be identified on the formal Landscape Plan submittal prior to the issuance of a landscape permit.
26 24. The applicant shall plant one (1) tree every thirty (30) feet on-center within the public 27 right-of-way parkway along West Coast Boulevard. All trees within the public right- 28 of-way parkway shall be a minimum of twenty-four (24) inch box in size, upon initial Thereafter, the trees within the public right-of-way parking shall be -8.
1 permanently irrigated and maintained, as required by the Public Works Department.
The street tree species along West Coast Boulevard shall be the Albiza Julibrissin 2 "Mimosa/Silk Tree" and/or the Quercus Suber "Cork Oak". The street trees shall be 3 identified on the formal Landscape Plan submittal prior to the issuance of a landscape permit.
4 25. The applicant shall plant shrubs that surround all ground mounted equipment and utility 5 boxes, including transformers, fire-department connections, backflow devices, etc. for 6 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 7 planting, and the shrubs shall be spaced no more than three (3) teet on-center.
Thereafter, the equipment and utility box screen shrubs shall be permanently urgated 8 and maintained into a continuous box-shape with a height of no less than three and one- 9 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. 10 26. The applicant shall plant trees, shrubs, and groundcover throughout all land on-site and 11 off-site (adjacent to the project site) that is not covered by structures, walkways, parking 12 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 13 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 14 in size upon initial planting, unless otherwise specified herein. At least fifty (50) percent 15 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 16 minimum of one (1) gallon in size, unless otherwise specified herein. All planter areas 17 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 18 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 19 the formal Landscape Plan submittal prior to the issuance of a landscape permit. 20 27. All planting and irrigation shall be installed on-site in accordance with the approved 21 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 22 architect responsible for preparing the landscape plans prior to the issuance of a 23 Certificate of Occupancy.
24 28. 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. 25 26 29. All non-glass doors shall be painted to match the color of the adjacent wall prior to the issuance of a Certificate of Occupancy.
27 28 The applicant shall comply with all conditions of approval for PPD No. 2023-0018 to the satisfaction of the City Engineer, prior to the issuance of a Certificate of Occupancy. -9-
1 31. 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 2 to the Project.
3 32. Prior to issuance of a building permit, the applicant shall pay a fair-share fee of $241,500 4 towards the construction of a traffic signal and associated improvements at the intersection of Locust Avenue and Casa Grande Drive in the City of Rialto. Such 5 improvements include, but are not limited to, signal equipment, signal interconnect, 6 associated utility work, any associated and related curb, gutter and sidewalk, right-of- way acquisition and any other related improvements, studies, plans or fees necessary to 7 signalize the intersection.
8 33. The applicant shall submit civil engineering design plans, reports and/or documents, 9 prepared by a registered/licensed civil engineer, for review and approval by the City 10 =
12 a. PARCEL MAP - Map (recordation prior to building permit issuance) b. PRECISE GRADE W/ EROSION CONTROL PLAN (prior to grading permit 13 issuance)
14 c. PUBLIC IMPROVEMENT PLANS - plans may include: Street, Signing & Striping, Landscape & Irrigation, Sewer, Water, Streetlight, etc. (prior to off- 15 site construction permit issuance or building permit issuance, whichever occurs first)
16 d. FINAL DRAINAGE STUDY (prior to grading plan approval) 17 e. FINAL WQMP (prior to grading plan approval)
LEGAL DOCUMENTS (e.g. EASEMENTS), DEDICATION(S), LOT LINE 18 ADJUSTMENT, VACATION, etc.) (prior to Building Permit Issuance or Occupancy Release) - Off-site Dedications for the north half of West Coast 19 Boulevard
20 g. AS-BUILT/RECORD DRAWINGS for all plans (prior to occupancy release) 21 34. The applicant is responsible for requesting address assignment from the Planning 22 Division for any new building, irrigation water meter and electrical pedestal. Addresse or irrigation meters must be based upon approved civil plans. Addresses for electric 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. 24 The electrical meter pedestal addresses (single or dual) shall be included in the public 25 improvement plans.
26 35. 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 27 (AutoCAD drawing file), DXF (AutoCAD ASCII drawing exchange file), and PDF 28 Adobe Acrobat) formats. Variation of the type and format of the digital data to b ubmitted to the City may be authorized, upon prior approval by the City Engineer -10-
1 36. The applicant shall repair all street cuts for utilities in accordance with City Standard 2 SC-231 within 72 hours of completion of the utility work; and any interim trench repairs 3 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 4 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 5 pavement surface and provide a smooth pavement surface until permanent cap paving occurs using an acceptable surface course material.
7 37. 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 8 right-of-way, the applicant is responsible for submitting a multi-phase master plan 9 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 Otf-Site 10 Construction Permit. Note, to simplify the permitting process, a single master Oft-Site Construction Permit shall replace individual Encroachment Permits to be pulled by the 11 applicant's contractor.
12 38. All applicable landscape easement and parkway landscaping shall be guaranteed for a 13 period of one year from the date of acceptance by the City Engineer acceptance. Any 14 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 15 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 16 a full twelve (12) months' time of non-interrupted ongoing maintenance. 17 39. The applicant shall install City Engineer approved deep root barriers, in accordance with 18 the Public Works Landscape and Irrigation Guidelines, for all trees installed within the public right-of-way and within ten (10) feet of the public sidewalk and/or curb. 19 20 40. In accordance with Chapter 15.32 of the City of Rialto Municipal Code, all existing and new electrical distribution lines of sixteen thousand volts or less and overhead service 21 drop conductors, and all telephone, television cable service, and similar service wires or lines, which are on-site, abutting, and/or transecting, shall be installed underground. 22 Utility undergrounding shall extend to the nearest off-site power pole. This may require 23 undergrounding beyond the project limits to prevent any existing poles to remain or new poles to be placed for guy wire purposes along the project frontage. New power poles 24 shall not be installed unless otherwise approved by the City Engineer. A letter from the owners of the affected utilities shall be submitted to the City Engineer prior to approval 25 of the Grading Plan, informing the City that they have been notified of the City's utility 26 undergrounding requirement and their intent to commence design of utility undergrounding plans. When available, the utility undergrounding plan shall be 27 submitted to the City Engineer identifying all above ground facilities in the area of the 28 project to be undergrounded.
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1 41. In accordance with City Ordinance No. 1589, adopted to preserve newly paved streets, any and all street and/or trench cuts in newly paved streets will be subject to moratorium 2 street repair standards as reference in Section 11.04.145 of the Rialto Municipal Code. 3 Contact the Engineering Division for a list of streets subject to the moratorium. 4 42. 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 5 24 inches at 95% relative compaction, or equal. If an alternative pavement section is 6 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 7 Engineer for approval.
8 43. The applicant shall backfill and/or repair all utility trenches or other excavations within 9 existing asphalt concrete pavement of off-site streets resulting from the proposed development, in accordance with City of Rialto Standard Drawings. The applicant shall 10 be responsible for removing, grinding, paving and/or overlaying existing asphalt 11 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 12 development (i.e. West Valley Water District, Southern California Edison, Southern California Gas Company, Spectrum, Verizon, etc.). Multiple excavations, trenches, and 13 other street cuts within existing asphalt concrete pavement of off-site streets resulting 14 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 15 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. 16 17 44. The applicant shall replace all damaged, destroyed, or modified pavement legends, traffic control devices, signing, striping, and streetlights, associated with the proposed 18 development shall be replaced as required by the City Engineer prior to issuance of a Certificate of Occupancy.
19 20 45. 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 21 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 22 Manual on Uniform Traffic Control Devices, or subsequent editions in force at the time 23 of construction.
24 46. The public street improvements outlined in these Conditions of Approval are intended 25 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 26 be determined in the course of the review and approval of street improvement plans required by these conditions.
27 28 47. 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 -12-
1 public streets. The developer shall design street and sidewalk improvements in accordance with the latest Omnitrans bus stop guidelines and in compliance with current 2 accessibility standards pursuant to the Americans with Disabilities Act (ADA) 3 requirements. The developer shall design all bus stops to accommodate the Omnitrans Premium Shelters. • Prior to Certificate of Occupancy, the developer shall submit to 4 Public Works verification from Omnitrans acknowledging concurrence with the existing, proposed, and future bus stop improvements in conformance with the Premium 5 Shelter design guidelines. Additionally, bus turnouts are required to accommodate 6 proposed bus stops in accordance with the City Standards and as approved by the City Engineer.
7 48. Development of the Site is subject to the requirements of the National Pollution 8 Discharge Elimination System (NPDES) Permit for the City of Rialto, issued by the 9 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 10 incorporates post-construction Best Management Practices (BMPs) in accordance with the Model Water Quality Management Plan (WQMP) approved for use for the Santa 11 Ana River Watershed. The developer is advised that applicable Site Design BMPs will 12 be required to be incorporated into the final site design, pursuant to a site specific WOMP submitted to the City Engineer for review and approval. 13 14 49. Prior to grading plan approval, the applicant shall submit a final hydrology study to determine the volume of increased stormwater runoff due to development of the site, 15 and to determine required stormwater runoff mitigation measures for the proposed development. All stormwater runoff passing through the site shall be accepted and 16 conveyed across the property in a manner acceptable to the City Engineer. For all 17 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 18 the development of the property. Hydrology studies shall be prepared in accordance with the San Bernardino County Hydrology Manual and Rialto drainage criteria. Final 19 retention basin sizing and other stormwater runoff mitigation measures shall be 20 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 21 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 22 and proposed developed condition, using the 100-year frequency storm. 23 50. Prior to grading plan approval, direct release of on-site nuisance water or stormwater 24 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 25 shall be provided through the use of a minor storm drain system that collects and 26 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. 27 28 51. 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 -13-
1 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 2 submitted to the Engineering Services Department with the first submittal of the Precise 3 Grading Plan. The geotechnical report dated March 28, 2023 shall be reaffirmed by a geotechnical engineer to still be valid or an new geotechnical report will be required. 4 52. Prior to grading plan approval, the applicant shall submit a Final Water Quality 5 Management Plan identifying site-specific Best Management Practices (BMPs) in 6 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 7 the City Engineer for review and approval with the precise grading plan. The Applicant 8 acknowledges that more area than currently shown on the plans may be required to treat site runoff as required by the WQMP guidance document and FWQMP. 9 53. Prior to grading plan approval, a WQMP Maintenance Agreement shall be required, 10 obligating the property owners) to appropriate operation and maintenance obligations 11 of on-site BMPs constructed pursuant to the approved WQMP. 12 54. 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 13 modified September 2, 2009) is required via the California Regional Water Quality 14 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 15 developer's contractor shall prepare and maintain a Storm Water Pollution Prevention Plan (SWPPP) as required by the General Construction Permit. All appropriate 16 measures to prevent erosion and water pollution during construction shall be 17 implemented as required by the SWPPP.
18 55. Prior to issuance of grading permit or on-site construction permit, the applicant shall 19 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 20 conform to the requirements of the California Building Code for review and approval. 21 56. Prior to the issuance of a grading permit or on-site construction permit. The applicant shall apply for annexation of the underlying property into City of Rialto Landscape and 22 Lighting Maintenance District No. 2 ("LLMD 2"). An application fee of $5,000 shall 23 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 24 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. The applicant must apply 25 and complete the LLMD2 annexation process prior to issuance of a Certificate of 26 27 57. Prior to commencing with any grading, the applicant shall implement the required 28 erosion and dust control measures shall be in place. In addition, the following shall be included if not already identified:
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1 a. 6-foot-high tan colored perimeter screened fencing 2 3 b. Contractor information signage including contact information along the street frontages of Locust Avenue and West Coast Boulevard.
4 c. Post dust control signage with the following verbiage: "Project Name, WDID No., 5 IF YOU SEE DUST COMING FROM THIS PROJECT CALL: NAME (XXX) 6 XXX-XXX, If you do not receive a response, please call the AQMD at 1-800- CUT-SMOG/1-800-228-7664"
7 58. Prior to street improvement plan approval or building permit issuance, whichever occurs 8 first, the applicant shall dedicate additional right-of-way as may be required across 9 driveway aprons to provide for ADA compliant public access, traffic signal equipment, and signing & striping.
10 59. Prior to street improvement plan approval, the applicant shall dedicate additional right- 11 of-way of 14-feet on Locust Avenue along the entire frontage as may be required to 12 provide a property line at ultimate half street right-of-way of 44-feet in accordance with Secondary Arterial street classification of the Rialto Airport Specific Plan. 13 14 60. Prior to street improvement plan approval, the applicant shall dedicate right-of-way of 32-feet on West Coast Boulevard along the entire frontage of site as may be required to 15 provide a property line at ultimate half street right-of-way of 32-feet in accordance with the Collector Street street classification of the Rialto Airport Specific Plan. The north 16 side of West Coast Boulevard requires dedication from Private Properties to be made to 17 the City for road and public utility purposes in order for West Coast Blvd. to be fully constructed. A modified Dedication of 30-feet of frontage of each and every parcel is 18 required to be made prior to any street improvements being made on the north side of street and allowing the street to be open for public access. Should this not occur, West 19 Coast Blvd may require changes in design such as, but not limited to: one-way signage 20 and striping, pavement tapers, and barricades, as determined by the City Engineer. 21 61. Prior to issuance of an encroachment permit or off-site construction permit, all public improvement plans must be submitted and approved by the City Engineer. 22 23 62. Prior to issuance of a building permit, the applicant shall submit street improvement plans prepared by a registered California civil engineer to the Engineering Services 24 Department for review. The street improvement plans shall be approved concurrently with any streetlight, landscape and irrigation, and traffic signal plans unless otherwise 25 approved by the City Engineer.
26 63. Prior to issuance of building permit, the applicant shall submit traffic striping and 27 signage plans prepared by a California registered civil engineer or traffic engineer, for 28 review and approval by the City Engineer. All required traffic striping and signage -15-
1 improvements shall be completed concurrently with required street improvements to the satisfaction of the City Engineer.
2 3 Prior to issuance of an encroachment permit or off-site construction permit, the applicant shall submit street light improvement plans, for Locust Avenue and West Coast 4 Boulevard, prepared by a California registered civil engineer to the Engineering Services Department. The plans shall be approved by the City Engineer prior to issuance 5 of any building permits.
6 65. Prior to issuance of an encroachment permit or off-site construction permit, the applicant 7 shall submit sewer improvement plans prepared by a California registered civil engineer 8 to the Engineering Division. The plans shall be approved by the City Engineer prior to issuance of any building permits.
9 66. Prior to issuance of encroachment permit or off-site construction permit, the applicant 10 shall submit a water improvement plan approved by the local water purveyor. The 11 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 12 complying with all requirements for establishing domestic water service to the property. 13 67. Prior to the issuance of a building permit, the applicant shall submit off-site landscaping 14 and irrigation system improvement plans for review and approval concurrently with street improvement plan submittal to the Public Works Department. The parkway 15 irrigation system and applicable Specific Plan required landscape easement irrigation system shall be separately metered from the on-site private irrigation to facilitate 16 separate utility bill payment by the City after the required one-year maintenance period 17 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 18 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 19 Irrigation plans shall be approved concurrently with the Street Improvement plans, 20 including any applicable easement portion and/or parkway portion. The landscaping architect must contact the City of Rialto Landscape Contract Specialist at (909) 820- 21 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 22 near street intersections to avoid burdensome traffic control set-up during ongoing 23 maintenance. The off-site Landscape and Irrigation plans shall be designed in accordance with the Public Works Landscape Maintenance District Guidelines. 24 68. Prior to the issuance of a building permit, the applicant shall submit a rough grade 25 certification, engineered fill certification and compaction report pad elevation 26 certifications for all building pads in conformance with the approved precise grading plan, to the Engineering Division. Trenching for footings or construction of any 27 building foundation is not allowed until the certifications have been submitted for 28 review and approval by the City Engineer.
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1 69. Prior to the issuance of a certificate of occupancy, the applicant shall submit a precise/final grade certification to the Engineering Services Department. 2 3 70. Prior to the issuance of a certificate of occupancy, all public improvements shall be constructed to City standards subject to the satisfaction of the City Engineer. 4 71. The applicant shall reconstruct any broken, chipped, or unsatisfactory sidewalks, curbs, 5 gutters, pavement, and landscaping along the entire project frontage, in accordance with 6 the General Plan and the City of Rialto Standard Drawings, as required by the City Engineer, prior to the issuance of a Certificate of Occupancy. 7 72. The applicant shall install "No Stopping Anytime" R26A(S)(CA) signage along the 8 entire project frontages of Locust Avenue and West Coast Boulevard, as required by the 9 City Engineer, prior to the issuance of a Certificate of Occupancy. 10 73. The applicant shall connect the project to the City of Rialto sewer system and apply for a sewer connection account with Rialto Water Services.
11 12 74. The applicant shall provide certification from Rialto Water Services that demonstrates that all wastewater service accounts for the project are documented, prior to the issuance 13 of a Certificate of Occupancy or final inspection approval from the Engineering Services 14 Department.
15 75. The applicant is advised that domestic water service is provided by West Valley Water District. The developer shall be responsible for coordinating with West Valley Water 16 District and complying with all requirements for establishing domestic water service to 17 the property.
18 76. The applicant shall install a new domestic water line lateral connection to the main water line within Locust Avenue, pursuant to West Valley Water District requirements. A 19 water line plan shall be approved by West Valley Water District prior to the issuance of 20 building permits.
21 77. Prior to issuance of a certificate of occupancy or final City approvals, the applicant shall demonstrate and submit a WQMP BMP certification that all structural BMP's have been 22 constructed and installed in conformance with approved plans and specifications, and 23 as identified in the approved WQMP.
24 78. Prior to issuance of a certificate of occupancy, the applicant shall construct commercial driveway approaches in accordance with City of Rialto Standard Drawing No. SC-213 25 or 214. The driveway approach shall be constructed so the top of "X" is at least 5 feet 26 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 27 height required to maintain an appropriate corner sight distance. If necessary, additional 28 right of way shall be dedicated on-site to construct a path of travel meeting ADA guidelines.
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1 79. Prior to issuance of a certificate of occupancy - Locust Avenue is designated a 2 Secondary Arterial with an 88-foot street right of way and 64-foot street width. For half 3 street plus the #1 southbound lane (14 feet minimum or up to west curb and gutter) including left-turn lanes, remove existing and construct new pavement with a minimum 4 pavement section of 4 inches asphalt concrete pavement over 6 inches crushed 5 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 6 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 7 Engineer using "R" values from pavement core samples and submitted to the City 8 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 9 performed to preserve existing pavement improvements as approved by the City Engineer.
10 11 80. Prior to issuance of a certificate of occupancy - West Coast Boulevard is designated a Collector with a 64-foot street right of way and 40-foot street width. The entire street 12 shall be removed and reconstructed with a minimum pavement section of 4 inches asphalt concrete pavement over 6 inches crushed aggregate base with a minimum 13 subgrade of 24 inches at 95% relative compaction, or equal, along the entire street 14 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 15 designed by a California registered Geotechnical Engineer using "R" values from pavement core samples and submitted to the City Engineer for approval. Alternatively, 16 depending on the existing street condition and geotechnical report, a street 2" grind and 17 overlay, slurry seal, or other repair can be performed to preserve existing pavement improvements as approved by the City Engineer.
18 The applicant shall submit full architectural and structural plans with all mechanical, 19 electrical, and plumbing plans, structural calculations, truss calculations and layout, 20 rough grading plans approved by Engineering Services Department, Water Quality Management Plan, Erosion Control Plan, Stormwater Pollution Prevention Plan, and 21 Title 24 Energy Calculations to the Building Division for plan check and review, prior to the issuance of building permits.
22 82. 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, 24 perimeter walls, trash enclosure, etc.).
25 83. Except for plans submitted prior to January 1, 2022, the applicant shall design the 26 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 28 adopted by the State of California.
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1 84. The applicant shall design the structures to withstand ultimate wind speed of 130 miles per hour, exposure C and seismic zone D.
2 3 85. The applicant shall obtain an Electrical Permit from the Building Division for any temporary electrical power required during construction. No temporary electrical power 4 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 5 fencing around the area where the electrical power will be located. 6 86. The applicant shall install any required temporary construction trailer on private 7 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. 8 9 87. 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 10 enclosure. Paths of travel shall incorporate (but not limited to) exterior stairs, landings, walks and sidewalks, pedestrian ramps, curb ramps, warning curbs, detectable warning, 11 signage, gates, lifts and walking surface materials, as necessary. The accessible route(s) 12 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 13 site, California Building Code, (CBC) Chapter 11, Sec, 11A and 11B. 14 88. Prior to issuance of a Building Permit all of the following must be in place on the Site:
15 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 16 (superintendent number here) or the AQMD if the problem is not being resolved" or 17 something similar to this.
18 89. The applicant shall provide temporary toilet facilities for the construction workers. The toilet facilities shall always be maintained in a sanitary condition. The construction 19 toilet facilities of the non-sewer type shall conform to ANSI ZA.3. 20 90. The applicant shall underground all on site utilities to the new proposed structures, prior 21 to the issuance of a Certificate of Occupancy, unless prior approval has been obtained by the utility company or the City.
22 23 91. 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, 24 orientation, and compaction. The certifications are required to be signed by the engineer of record.
25 26 92. 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. 27 28
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1 93. 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, 2 Chapter 11.
3 94. The applicant shall place a copy of the Conditions of Approval herein on within the 4 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. 5 6 95. 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. 7 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.
8 9 96. 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 10 Department. No flammable materials will be allowed on the site until the fire hydrants 11 are established and approved.
12 97. The applicant shall comply with all applicable requirements of the California Fire Code and Chapter 15.28 (Fire Code) of the Rialto Municipal Code. 13 14 98. 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 15 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. 16 17 99. 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 18 darkness. Lighting shall be designed/constructed in such a manner as to automatically turn on at dusk and turn off at dawn.
19 20 100. The applicant shall illuminate all loading dock areas, truck well areas, and delivery areas with a minimum of 2.0 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.
22 23 101. The applicant shall design/construct all lighting fixtures and luminaries, including 24 supports poley and brackets, in such a manner as to resist vandalism andior desiruction 25 102. The applicant shall provide an illuminated channel letter address prominently placed on 26 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 27 property would require two address signs if located adjacent to a roadway), prior to the 28 issuance of a Certificate of Occupancy.
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1 103. 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 2 Certificate of Occupancy. The security cameras shall be accessible to the Rialto Police 3 Department via FusionONE web application.
4 104. 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 5 to facilitate the entry of safety personnel. The Knox boxes shall be installed in such a 6 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, 7 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 8 building permit.
105. The applicant shall prominently display the address on the building rooftop to be visible 10 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 11 characters. The alphanumeric characters shall be constructed in such a way that they are 12 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 13 of the contrast.
14 106. The applicant shall provide an audible burglar alarm within the building, prior to the 15 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. 16 alarmed exit device / crash bar).
17 107. The applicant or General Contractor shall identify each contractor and subcontractor 18 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 19 based on the Contractors tax rate for each contractor. 20 108. Prior to issuance of a Certificate of Occupancy, the Lessor of the property shall pay a 21 business license tax based on the Rental Income Property tax rate. 22 SECTION 5. The Chairman of the Planning Commission shall sign the passage and 23 adoption of this resolution and thereupon the same shall take effect and be in force. 24 25 PASSED, APPROVED AND ADOPTED this 7th day of August. 2024. 26 27
JERRY GUTIERREZ, CHAPR
28 CITY OF RIALTO PLANNING COMMISSION
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1 RESOLUTION NO. 2024-47
2 A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF RIALTO, CALIFORNIA APPROVING CONDITIONAL
3 DEVELOPMENT PERMIT NO. 2023-0011 ALLOWING THE
4 DEVELOPMENT AND USE OF A 225,173 SQUARE FOOT
INDUSTRIAL WAREHOUSE BUILDING ON 11.19 NET-ACRES
5 OF LAND (APN'S: 0239-301-39, -40, -51, -55, -56 & -64)
LOCATED AT THE SOUTHEAST CORNER OF LOCUST
6 AVENUE AND WEST COAST BOULEVARD WITHIN THE
PLANNED INDUSTRIAL DEVELOPMENT (I-PID) LAND USE
7 DISTRICT OF THE RIALTO AIRPORT SPECIFIC PLAN.
8 WHEREAS, the applicant, Rialto Springs, LLC, proposes to develop and use a 225,173 9 square foot industrial warehouse building ("Project") on 11.19 net-acres of land (APN's: 0239- 10 301-39, -40, -51, -55, -56 & -64) located at the southeast corner of Locust Avenue and West Coast 11 Boulevard within the Planned Industrial Development (I-PID) land use district of the Renaissance 12 Specific Plan ("Site"); and
13 WHEREAS, the Project will consist of 5,000 square feet of office space on the ground 14 floor, 5,000 square feet of office space on the second floor, and 215,173 square feet of storage 15 space, thirty-one (31) dock-high loading doors, which will be located on the west side of the 16 building, concrete screen walls, an abundant amount of landscaping, and full pedestrian and 17 vehicle access; and
18 19 WHEREAS, Pursuant to Section 18.112.040A of the Rialto Municipal Code, the Project requires a Conditional Development Permit and the applicant applied for Conditional 20 Development Permit No. 2023-0011 ("CDP No. 2023-0011"); and 21 22 WHEREAS, in conjunction with the Project, the applicant has applied for Tentative Parcel 23 Map No. 2023-0001, also referred to as Tentative Parcel Map No. 20853, ("TPM No. 20853"), to facilitate the consolidation of six (6) parcels of land (APN's: 0239-301-39, -40, -51, -55, -56 & - 24 25 64) into one (1) 11.19 net-acre parcel of land; and WHEREAS, in conjunction with the Project, the applicant has applied for Precise Plan of 26 Design No. 2023-0018 ("PPD No. 2023-0018") to facilitate the development of a 225,173 square 27 foot industrial warehouse building and associated paving, landscaping, fencing, lighting, and 28 drainage improvements on the Site; and
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1 WHEREAS, on July 17, 2024, the Planning Commission of the City of Rialto conducted a duly noticed public hearing, as required by law, on CDP No. 2023-0011, TPM No. 20853, and PPD No. 2023-0018, took testimony, at which time it received input from staff, the city attorney, 4 and the applicant; heard public testimony; discussed the proposed CDP No. 2023-0011, TPM No. 20853, and PPD No. 2023-0018; and continued the public hearing to the following meeting on 6 August 7, 2024; and
7 WHEREAS, on August 7, 2024, the Planning Commission of the City of Rialto conducted 8 a duly noticed public hearing, as required by law, on CDP No. 2023-0011, TPM No. 20853, and 9 PPD No. 2023-0018, took testimony, at which time it received input from staff, the city attorney, 10 and the applicant; heard public testimony; discussed the proposed CDP No. 2023-0011, TPM No. 11 20853, and PPD No. 2023-0018; and closed the public hearing; and 12 WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred. 13 NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Rialto as 14 follows:
15 SECTION 1. The Planning Commission hereby specifically finds that all of the facts set forth 16 in the recitals above of this Resolution are true and correct and incorporated herein. 17 SECTION 2. Based on substantial evidence presented to the Planning Commission during 18 the public hearing conducted with regard to CDP No. 2023-0011, including written staff reports, 19 verbal testimony, site plans, other documents, and the conditions of approval stated herein, the 20 Planning Commission hereby determines that CDP No. 2023-0011 satisfies the requirements of 21 Section 18.66.020 of the Rialto Municipal Code pertaining to the findings which must be made 22 precedent to granting a conditional development permit, which findings are as follows:
23 The proposed use is deemed essential or desirable to provide a service or facility which will contribute to the convenience or general well-being of the neighborhood 24 or community; and
25 This finding is supported by the following facts:
26 27 The Site is asymmetrical in shape and expansive in size. The south two-thirds of the Site was previously developed into contractor's storage yard, and the remainder of the Site 28 consists of vacant land that previously contained at least two (2) single-family residences that have since been demolished. The Project will develop the highest and best use for the -2-
1 Site, in accordance with the Planned Industrial Development (I-PID) land use district of the Rialto Airport Specific Plan. Additionally, the Project will provide employment 2 opportunities within the City and reduce blight by implementing a use on vacant site. 3 The proposed use will not be detrimental or injurious to health, safety, or general 4 welfare of persons residing or working in the vicinity; and 5 This finding is supported by the following facts:
6 The development of an industrial warehouse building on the Site is consistent with the 7 underlying Planned Industrial Development (I-PID) land use district of the Rialto Airport Specific Plan, which conditionally permits the development and operation of industrial 8 warehouse buildings. To the north of the project site, across West Coast Boulevard, are 9 several single-family residences, and to the east is a tract of single-family residences. To the south is an existing contractor's storage yard, occupied by Condon Johnson, and to the 10 west, across Locust Avenue, is a partially developed storage yard, occupied by Pyro Spectaculars. The Project is consistent with the Planned Industrial Development (I-PID) 11 land use district of the Rialto Airport Specific Plan and the existing industrial land uses to 12 the south and west of the Site. The nearest sensitive uses are the single-family residences to the north and east of the Site. The project is not expected to negatively impact any uses 13 with the successful implementation of measures such as landscape buffering, placement of 14 the truck court on the west side of the building, the installation of solid screen walls around the truck court, aesthetic building enhancements, and other traffic related measures. 15 The site for the proposed use is adequate in size, shape, topography, accessibility and 16 other physical characteristics to accommodate the proposed use in a manner 17 compatible with existing land uses; and
18 This finding is supported by the following facts:
19 The Site is approximately 11.19 acres in size and adjacent to two (2) public streets, which will 20 be able to accommodate the proposed use. The Project will have three (3) points of access - two (2) via Locust Avenue and one (1) via West Coast Boulevard. In addition, the building 21 will have 153 passenger vehicle parking spaces, which exceeds the amount required by Chapter 18.58 (Off-Street Parking) of the Rialto Municipal Code. 22 23 4. The site has adequate access to those utilities and other services required for the proposed use; and
24 This finding is supported by the following facts:
25 26 The Site will have adequate access to all utilities and services required through main water, electric, sewer, and other utility lines that will be hooked up to the Site. 27 28 The proposed use will be arranged, designed, constructed, and maintained so as it will not be injurious to property or improvements in the vicinity or otherwise be -3-
1 inharmonious with the General Plan and its objectives, the Rialto Airport Specific Plan, or any zoning ordinances, and
2 3 This finding is supported by the following facts:
4 As previously stated, the proposed use is consistent with the Planned Industrial Development 5 (I-PID) land use district of the Rialto Airport Specific Plan. The building will be oriented such that none of the dock doors will front or face the existing single-family residences to 6 north and east of the Site, the building will have 153 passenger vehicle parking spaces, and the building will have a floor area ratio (FAR) of 46.2 percent, all of which comply with the 7 General Plan, the Planned Industrial Development (I-PID) land use district of the Rialto Airport Specific Plan, Chapter 18.112 (Indoor Storage Facilities) of the Rialto Municipal 8 Code, and the City's Design Guidelines. Landscaping will be abundantly incorporated into 9 the Site, as the landscape coverage for the project is 16.3 percent. 10 6. Any potential adverse effects upon the surrounding properties will be minimized to 11 every extent practical and any remaining adverse effects shall be outweighed by the benefits conferred upon the community or neighborhood as a whole. 12 This finding is supported by the following facts:
13 14 The Project's effects will be minimized through the implementation of the Conditions of Approval contained herein, and through the implementation of Conditions of Approval 15 imposed by the Planning Commission on the Precise Plan of Design, such as extensive landscaping, solid screen walls, decorative paving, and enhanced architectural features. 16 The development of a high-quality industrial development will provide additional 17 employment opportunities for residents and visitors to the City. The Project is consistent with the Planned Industrial Development (I-PID) land use district of the Rialto Airport 18 Specific Plan and the existing industrial uses to the south and west of the Site. The nearest sensitive uses are the single-family residences to the north and east of the Site. The project 19 is not expected to negatively impact any uses with the successful implementation of 20 measures such as landscape buffering, the installation of solid screen walls, aesthetic building enhancements, and other traffic related measures. Therefore, any potential 21 adverse effects are outweighed by the benefits conferred upon the community and neighborhood as a whole.
22 23 SECTION 3. An Addendum to the Environmental Impact Report for the Rialto Airport 24 Specific Plan (Environmental Assessment Review No. 2023-0022) has been prepared for the Project 25 in accordance with the California Environmental Quality Act (CEQA), and it has been determined 26 that the proposed Project would result in no new significant impacts that were not analyzed in the 27 Rialto Airport Specific Plan Environmental Impact Report ("RASP EIR"), nor would the proposed 28 Project cause a substantial increase in the severity of any previously identified environmental impacts. -4-
1 The potential impacts associated with proposed Project would either be the same or less than those 2 described in the RASP EIR. In addition, there are no substantial changes to the circumstances under 3 which the proposed Project would be undertaken that would result in new or more severe 4 environmental impacts than previously addressed in the RASP EIR, nor has any new information 5 regarding the potential for new or more severe significant environmental impacts been identified. The 6 Planning Commission hereby adopts the Addendum to the Environmental Impact Report for the 7 Rialto Airport Specific Plan (Environmental Assessment Review No. 2023-0022) for the Project. 8 SECTION 4. CDP No. 2023-0011 is granted to Rialto Springs, LLC in accordance with the 9 plans and application on file with the Planning Division, subject to the following conditions:
10 1. The approval is granted allowing the development and use of a 225,173 square foot 11 industrial warehouse building on 11.19 acres of land (APN's: 0239-301-39, -40, -51, -55, 12 -56&-64) located at the southeast corner of Locust Avenue and West Coast Boulevard, as shown on the plans attached as Exhibit A and as approved by the Planning Commission. 13 If the Conditions of Approval specified herein are not satisfied or otherwise completed, 14 the project shall be subject to revocation.
15 2. 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. 16 17 3. 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 18 instrumentalities thereof (collectively, the "City Parties"), from any and all claims, demands, law suits, writs of mandamus, and other actions and proceedings (whether 19 legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative 20 dispute resolutions procedures (including, but not limited to arbitrations, mediations, and other such procedures), (collectively "Actions"), brought against the City, and/or 21 any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or 22 annul, the any action of, or any permit or approval issued by, the City and/or any of its 23 officials, officers, employees, agents, departments, agencies, and instrumentalities thereof (including actions approved by the voters of the City), for or concerning the 24 Project (collectively, the "Entitlements"), whether such Actions are brought under the California Environmental Quality Act, the Planning and Zoning Law, the Subdivision 25 Map Act, Code of Civil Procedure Chapter 1085 or 1094.5, the California Public 26 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, 27 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, 28 attorneys' fees and other costs, liabilities and expenses incurred in connection with -5-
1 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) 2 are the "Damages"). Notwithstanding anything to the contrary contained herein, the 3 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 4 Parties' fraud, intentional misconduct or gross negligence in connection with issuing the Entitlements. The applicant shall execute an agreement to indemnify, protect, 5 defend, and hold the City harmless as stated herein within five (5) days of approval of 6 CDP No. 2023-0011.
4. In accordance with the provisions of Government Code Section 66020(d)(1), the 8 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 9 Project or within 90 days after the date of the imposition of the fees, dedications, reservations, or exactions imposed on the Project.
10 11 5. The tenants) within the building shall always conduct operations consistent with the environmental analysis contained within the Addendum to the Environmental Impact 12 Report for the Rialto Airport Specific Plan (Environmental Assessment Review No. 2023- 0022) adopted for the Project.
13 14 6. The Project shall be limited to a maximum of 235 actual passenger car trips and 156 actual truck trips daily, in accordance with Table 3 (Summary of Project Trip Generation) within 15 the Traffic Study prepared for the Project by Kimley-Horn & Associates, Inc. and dated May 2024.
16 17 7. The applicant, landlord, and/or tenants) shall require all inbound truck traffic to access the site via the SR-210 Freeway & Alder Avenue off-ramps, northbound on Alder Avenue 18 to Casmalia Street, eastbound on Casmalia Street to Locust Avenue, and then northbound on Locust Avenue to the either driveway connected to Locust Avenue, or via the I-15 19 Freeway & Sierra Avenue off-ramps, southbound on Sierra Avenue to Riverside Avenue. 20 southeastbound on Riverside Avenue to Locust Avenue, and then southbound on Locust Avenue to either driveway connected to Locust Avenue. Inbound truck traffic shall not 21 use Casmalia Street cast of Locust Avenue or Riverside Avenue southeast of Locust Avenue. Inbound truck traffic shall not enter the site via the driveway connected to West 22 Coast Boulevard at any time.
23 8. The applicant, landlord, and/or tenants) shall require all outbound truck traffic to exit the 24 site via either driveway connected to Locust Avenue. Trucks exiting shall proceed 25 southbound on Locust Avenue to Casmalia Street, then westbound on Casmalia Street to Alder Avenue, then southbound on Alder Avenue to the SR-210 Freeway & Alder 26 Avenue on-ramps, or trucks exiting shall proceed northbound on Locust Avenue to Riverside Avenue, then northwestbound on Riverside Avenue to Sierra Avenue, then 27 northbound on Sierra Avenue to the I-15 Freeway & Sierra Avenue on-ramps. Outbound 28 truck traffic shall not exit the driveway connected to West Coast Boulevard at any time. -6-
1 9. The applicant, landlord, operators) and/or tenants) shall ensure that all inbound truck traffic that requires temporary queuing or staging do so on-site. Inbound truck traffic shall 2 not queue or stage on any public street at any time. Activities on-site shall not operate in 3 such a manner that would impact traffic lanes, cause back up (queuing or staging) of vehicles into the public-right-of-way, or create any unsafe conditions. Fire and Police 4 access and passage around trucks queuing or staging on-site shall be feasible at all times and activities shall not block parking areas, access or passage for disabled persons or 5 emergency response vehicles.
6 10. The applicant, landlord, operator(s) and/or tenants) shall only park or store trucks and 7 trailers within designated truck and trailer spaces within the truck court and adjacent to the dock doors on the north side of the building. No trucks or trailers shall be parked or 8 stored within any drive-aisles or passenger vehicle parking areas outside of the enclosed 9 truck court at any time.
10 11. The landlord and/or tenants) shall not store any product, goods, materials, etc. outside of 11 the building at any time, except for trucks, trailers, and vehicles associated with the operation(s) conducted within the building, without prior approval of a separate 12 Conditional Development Permit in accordance with Chapter 18.104 (Outdoor Storage Uses) of the Rialto Municipal Code.
13 14 12. The privileges granted by the Planning Commission pursuant to approval of this Conditional Development Permit are valid for three (3) years from the effective date of 15 approval. If the applicant fails to commence the project within three (3) years of said effective date, this conditional development permit shall be null and void and any 16 privileges granted hereunder shall terminate automatically. If the applicant or his or 17 her successor in interest commence the project within one year of the effective date of approval, the privileges granted hereunder will continue inured to the property as long 18 as the property is used for the purpose for which the conditional development permit was granted, and such use remains compatible with adjacent property uses. 19 20 13. Approval of CDP No. 2023-0011 will not become effective until the applicant has signed a statement acknowledging awareness and acceptance of the required conditions of approval contained herein.
22 14. In the event, that any operation on the Site is found to be objectionable or incompatible 23 with the character of the City and its environs due to excessive noise, excessive trattic, loitering, criminal activity or other undesirable characteristics including, but not strictly 24 limited to, uses which are or have become offensive to neighboring property or the goals and obiectives of the Planned Industrial Development (I-PID) land use district of the 25 Rialto Airport Specific Plan and/or the City's General Plan, the applicant shall address the 26 issues within forty-eight (48) hours of being notified by the City.
15. If the applicant fails to comply with any of the conditions of approval placed upon CDP 28 No. 2023-0011, TPM No. 20853, or PPD No. 2023-0018, the Planning Commission may initiate proceedings to revoke the conditional development permit in accordance -7-
1 with the provisions of Sections 18.66.070 through 18.66.090, inclusive, of the Rialto Municipal Code. Conditional Development Permit No. 2023-0011 may be revoked, 2 suspended or modified in accordance with Section 18.66.070 of the Zoning Ordinance 3 at the discretion of the Planning Commission if:
4 The use for which such approval was granted has ceased to exist, been subsequently modified, or has been suspended for six (6) months or more; 5 6 b) Any of the express conditions or terms of such permit are violated; 7 The use for which such approval was granted becomes or is found to be objectionable or incompatible with the character of the City and its environs due to excessive noise, excessive traffic, loitering, criminal activity or other 9 undesirable characteristics including, but not strictly limited to uses which are or have become offensive to neighboring property or the goals and 10 objectives of the Planned Industrial Development (I-PID) land use district 11 of the Rialto Airport Specific Plan and/or the City's General Plan. 12 SECTION 5. The Chairman of the Planning Commission shall sign the passage and 13 adoption of this resolution and thereupon the same shall take effect and be in force. 14 PASSED, APPROVED AND ADOPTED this 7th day of _August, 2024. 15 16
17 18
CITY OF RIALTO PLANNING COMMISSION
19 20
21 22
23 24
25 26
27 28
1 RESOLUTION NO. 2024-48
2 A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF RIALTO, CALIFORNIA, APPROVING TENTATIVE
PARCEL MAP NO. 2023-0001 (TPM NO. 20853) TO ALLOW THE
4 CONSOLIDATION OF SIX (6) PARCELS OF LAND (APN'S:
0239-301-39, -40, -51, -55, -56, & -64) LOCATED AT THE
5 SOUTHEAST CORNER OF LOCUST AVENUE AND WEST
6 COAST BOULEVARD WITHIN THE PLANNED INDUSTRIAL
DEVELOPMENT (I-PID) LAND USE DISTRICT OF THE
7 RIALTO AIRPORT SPECIFIC PLAN INTO ONE (1) 11.19 NET
ACRE PARCEL OF LAND TO FACILITATE THE
8 DEVELOPMENT OF A 225,173 SQUARE FOOT INDUSTRIAL
9 WAREHOUSE BUILDING THEREON.
10 WHEREAS, the applicant, Rialto Springs, LLC, proposes to consolidate six (6) parcels of 11 land (APN's: 0239-301-39, -40, -51, -55, -56, & -64) located at the southeast corner of Locust 12 Avenue and West Coast Boulevard within the Planned Industrial Development (I-PID) land use 13 district of the Rialto Airport Specific Plan ("Site") into one (1) 11.19 net acre parcel of land 14 ("Project"); and
15 WHEREAS, the Project will facilitate the development of a 225,173 square foot industrial 16 warehouse building the Site; and
17 WHEREAS, the Project within the Planned Industrial Development (I-PID) land use 18 district of the Rialto Airport Specific Plan requires the approval of a tentative parcel map, and the 19 Applicant has agreed to apply for a Tentative Parcel Map No. 2023-0001, also referred to as 20 Tentative Parcel Map No. 20853, ("TPM No. 20853"), in accordance with Government Code 21 Sections 66473.5 and 66474; and
22 WHEREAS, in conjunction with the Project, the applicant has applied for Conditional 23 Development Permit No. 2023-0011 ("CDP No. 2023-0011) to facilitate the development and 24 operation of a 225,173 square foot industrial warehouse building on the Site; and 25 • WHEREAS, in conjunction with the Project, the applicant has applied for Precise Plan of 26 Design No. 2023-0018 ("PPD No. 2023-0018"') to facilitate the development of a 225,173 square 27 28
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foot industrial warehouse building and associated paving, landscaping, fencing, lighting, and 2 drainage improvements on the Site; and
3 WHEREAS, on July 17, 2024, the Planning Commission of the City of Rialto conducted a 4 duly noticed public hearing, as required by law, on TPM No. 20853, CDP No. 2023-0011, and 5 PPD No. 2023-0018 took testimony, at which time it received input from staff, the city attorney, 6 and the applicant; heard public testimony; discussed the proposed TPM No. 20853, CDP No. 2023- 7 0011, and PPD No. 2023-0018; and continued the public hearing to the following meeting on 8 August 7, 2024; and
9 WHEREAS, on August 7, 2024, the Planning Commission of the City of Rialto conducted 10 a duly noticed public hearing, as required by law, on TPM No. 20853, CDP No. 2023-0011, and 11 PPD No. 2023-0018 took testimony, at which time it received input from staff, the city attorney, 12 and the applicant; heard public testimony; discussed the proposed TPM No. 20853, CDP No. 2023- 13 0011, and PPD No. 2023-0018; and closed the public hearing; and 14 WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred. 15 NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Rialto 16 as follows:
17 SECTION 1. The Planning Commission hereby specifically finds that all of the facts set forth 18 in the recitals above of this Resolution are true and correct and incorporated herein. 19 SECTION 2. Based on substantial evidence presented to the Planning Commission during 20 the public hearing conducted with regard to TPM No. 20853, including written staff reports, verbal 21 testimony, project plans, other documents, and the conditions of approval stated herein, the Planning 22 Commission hereby determines that TPM No. 20853 satisfies the requirements of Government Code 23 Sections 66473.5 and 66474 and Section 17.16.070 of the Rialto Municipal Code pertaining to the 24 findings which must be made precedent to granting a tentative map. The findings are as follows:
25 That the proposed tentative parcel map is consistent with the General Plan of the City 26 of Rialto and the Planned Industrial Development (I-PID) land use district of the Rialto Airport Specific Plan, as applicable; and
27 28 This finding is supported by the following facts:
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1 The Site has a General Plan designation of Light Industrial with a Specific Plan Overlay and 2 a zoning designation of Rialto Airport Specific Plan. The Site's land use designation within the Rialto Airport Specific Plan is Planned Industrial Development (I-PID). The Project will 3 consolidate the Site into one (1) 11.19 net-acre parcel of land to facilitate the development of a 225,173 square foot industrial warehouse building. Per Table 9 (Development Standards 4 Non-Residential Designations), of the Rialto Airport Specific Plan, the required minimum 5 parcel size within the Planned Industrial Development (I-PID) land use district is 0.50 acres.
The proposed parcel greatly exceeds the required minimum size. 6 That the design and improvements of the proposed tentative parcel map are consistent with the Subdivision Ordinance, the General Plan of the City of Rialto, and the 8 Planned Industrial Development (I-PID) land use district of the Rialto Airport Specific Plan; and
9 10 This finding is supported by the following facts:
The Project will comply with all technical standards required by Subdivision Map Act, the General Plan of the City of Rialto, and the I-PID land use designation of the Rialto Airport 12 Specific Plan. The proposed parcel exceeds the minimum lot dimensions as required by the 13 I-PID land use designation of the Rialto Airport Specific Plan. The new parcel will facilitate the development of an industrial warehouse building that is consistent with the I-PID land use 14 designation of the Rialto Airport Specific Plan.
15 That the site is physically suitable for the type of proposed development; and 16 This finding is supported by the following facts:
17 The Site is a relatively flat piece of land and development of the land should be easily 18 accommodated The applicant will be required to submit a grading plan and 19 geotechnical/soils report to the Engineering Department for review and approval prior to issuance of any building permits.
20 21 That the site is physically suitable for the proposed density of the development; and 22 This finding is supported by the following facts:
23 The Project will consolidate the Site into one (1) 11.19 net-acre parcel of land to facilitate the development of a 225,173 square foot industrial warehouse building. Per Chapter 2 24 (Managing Our Land Supply) of the Rialto General Plan, the maximum allowable Floor Area 25 Ratio (FAR) for parcels within the Light Industrial land use designation is 100.0 percent. The FAR proposed for the project is 46.2 percent, which is well within the allowable limit. 26 27 5. That the design of the land division is not likely to cause substantial environmental damage or substantially injure fish, wildlife, or their habitat; and 28 -3-
This finding is supported by the following facts:
2 The Site was previously developed into a contractor's storage yard and at least two (2) single-family residences resulting in a heavily disturbed surface from those prior uses. The 3 Addendum to the Environmental Impact Report for the Rialto Airport Specific Plan (Environmental Assessment Review No. 2023-0022) prepared for the project identified 4 that the Site did not have suitable habitat for any threatened or endangered species. 5 Additionally, according to Exhibit 4.4.2 (Threatened and Endangered Species Habitat) of the Rialto General Plan Environmental Impact Report the Site does not have suitable 6 habitat for any threatened or endangered species.
That the design of the land division is not likely to cause serious public health 8 problems; and
9 This finding is supported by the following facts:
10 The Project is consistent with the Light Industrial with a Specific Plan Overlay General 11 Plan land use designation and the Planned Industrial Development (I-PID) land use designation of the Rialto Airport Specific Plan. In conjunction with the Project, the 12 Planning Commission will consider Precise Plan of Design No. 2023-0018 development- 13 related conditions, in accordance with Chapter 18.65 (Precise Plan of Design) of the Rialto Municipal Code, to ensure that the design of the Project meets the City's Design Guidelines 14 and all applicable criteria required by Chapter 18.112 (Indoor Storage Uses) of the Rialto Municipal Code and the Rialto Airport Specific Plan.
15 16 The Site is bound on the north by an undeveloped segment of West Coast Boulevard and on the west by an existing segment of Locust Avenue. To the north of the project site, 17 across West Coast Boulevard, are several single-family residences, and to the east is a tract 18 of single-family residences. To the south is an existing contractor's storage yard, occupied by Condon Johnson, and to the west, across Locust Avenue, is a partially developed storage 19 yard, occupied by Pyro Spectaculars. The proposed development pertaining to the land consolidation is consistent with the Planned Industrial Development (I-PID) land use 20 designation of the Rialto Airport Specific Plan. The nearest sensitive uses are the single- 21 family residences to the north and east of the Site. The project is not expected to negatively impact any uses with the successful implementation of measures such as landscape 22 buffering, increased building setbacks, placement of the truck court on the west side of the building, the installation of solid screen walls around the truck court, aesthetic building 23 enhancements, and other traffic related measures. Furthermore, construction impacts on 24 the site will be limited through the strict enforcement of the allowable construction hours listed in Section 9.50.070 of the Rialto Municipal Code, as well as enforcement of regular 25 watering of the site to limit airborne dust and other particulate matter. As a result, the Project is not likely to cause any public health problems. 26 That the design of the land division or proposed improvements will not conflict with easements, acquired by the public at large, for access through or use of, property 28 within the proposed land division.
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1 This finding is supported by the following facts:
2 Upon completion of the Final Map, the required street dedication and proposed easements 3 will be recorded and approved by the Engineering Services Department. Additionally, all required site adjacent improvements will be reviewed and approved by the Engineering 4 Services Department and will be constructed prior to the issuance of the Certificate of 5 Occupancy.
6 SECTION 3. An Addendum to the Environmental Impact Report for the Renaissance 7 Specific Plan (Environmental Assessment Review No. 2023-0022) has been prepared for the Project 8 in accordance with the California Environmental Quality Act (CEQA), and it has been determined 9 that the proposed Project would result in no new significant impacts that were not analyzed in the 10 Rialto Airport Specific Plan Environmental Impact Report ("RASP EIR"), nor would the proposed 11 Project cause a substantial increase in the severity of any previously identified environmental impacts. 12 The potential impacts associated with proposed Project would either be the same or less than those 13 14 described in the RASP EIR. In addition, there are no substantial changes to the circumstances under 15 which the proposed Project would be undertaken that would result in new or more severe 16 environmental impacts than previously addressed in the RASP EIR, nor has any new information 17 regarding the potential for new or more severe significant environmental impacts been identified. The 18 Planning Commission hereby adopts the Addendum to the Environmental Impact Report for the 19 Rialto Airport Specific Plan (Environmental Assessment Review No. 2023-0022) for the Project. 20 SECTION 4. The Planning Commission hereby approves TPM No. 20853 to allow the 21 consolidation of six (6) parcels of land (APN's: 0239-301-39, -40, -51, -55, -56, & -64) located at the 22 southeast corner of Locust Avenue and West Coast Boulevard within the Planned Industrial 23 Development (I-PID) land use designation of the Rialto Airport Specific Plan into one (1) 11.19 net- 24 acre parcel of land, in accordance with the plans and application on file with the Planning Division, 25 subject to the following conditions:
26 27 1. TPM No. 20853 is approved allowing the consolidation of six (6) parcels of land (APN's:
0239-301-39, -40, -51, -55, -56, & -64) located at the southeast corner of Locust Avenue 28 and West Coast Boulevard within the Planned Industrial Development (I-PID) land use -5-
designation of the Rialto Airport Specific Plan into one (1) 11.19 net-acre parcel of land 1 for the purpose of developing a 225,173 square foot industrial warehouse building, as 2 shown on the tentative parcel map attached as Exhibit A and as approved by the Planning Commission.
3 2. City inspectors shall have access to the Site to reasonably inspect the Site during normal 4 working hours to assure compliance with these conditions and other codes. 5 3. The or agent hal idea, coy 3. The applicant shall indemnify, protect, defend, and hold harmless, the City of Rialto, 6 and/or any of its officials, officers, employees, agents, departments, agencies, and 7 instrumentalities thereof (collectively, the "City Parties"), from any and all claims, demands, law suits, writs of mandamus, and other actions and proceedings (whether 8 legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute resolutions procedures (including, but not limited to arbitrations, mediations, 9 and other such procedures), (collectively "Actions"), brought against the City, and/or 10 any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or 11 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 12 thereof (including actions approved by the voters of the City), for or concerning the 13 Project (collectively, the "Entitlements"), whether such Actions are brought under the California Environmental Quality Act, the Planning and Zoning Law, the Subdivision 14 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, 15 or any decision of a court of competent jurisdiction. This condition to indemnify, 16 protect, defend, and hold the City harmless shall include, but not limited to (i) damages, fees and/or costs awarded against the City, if any, and (ii) cost of suit, attorneys' fees 17 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 18 initiating or bringing such proceeding (collectively, subparts (i) and (ii) are the 19 "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 20 incurred by any of the City Parties in such Actions) are a result of the City Parties' 21 fraud, intentional misconduct or gross negligence in connection with issuing the Entitlements. The applicant shall execute an agreement to indemnify, protect, detend, 22 and hold the City harmless as stated herein within five (5) days of approval of TPM No. 20853.
23 24 4. 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 25 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, 26 reservations, or exactions imposed on the Project.
27 5. The applicant shall comply with all conditions of approval for TPM No. 20853 and Precise 28 Plan of Design No. 2023-0018 to the satisfaction of the City Engineer, prior to the issuance -6-
of a Certificate of Occupancy. Dedication requirements required by Precise Plan of 1 Design No. 2023-0018 shall be met with recordation of the parcel map unless provided 2 otherwise in the PPD conditions of approval.
3 6. The applicant shall submit a final parcel map (Parcel Map No. 20853), prepared by a California registered Land Surveyor or qualified Civil Engineer, to the Engineering 4 Services Department for review and approval. A Title Report prepared for consolidation 5 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 Parcel Map 6 No. 20853 to the Engineering Services Department as part of the review of the Map.
Parcel Map No. 20853 shall be approved by the City Council and recorded by the County 7 Recorder's Office prior to issuance of any building permits, except as allowed by the 8 Subdivision Map Act. Prior to approval of the Parcel Map by the City Council, provide a Preliminary Subdivision Report from a title company and if applicable, provide evidence 9 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 10 conditions of approval shall be made via the Parcel Map. 11 7. Prior to Final Parcel Map recordation, the applicant must complete the Landscape and 12 Lighting Maintenance District No. 2 ("LLMD 2") annexation process. Due to the required 13 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 14 process to avoid any delays with permit issuance.
15 8. In accordance with Government Code 66462, all required public improvements shall be 16 completed prior to the approval of a final map (Parcel Map No. 20853). Alternatively, the applicant may enter into a Subdivision Improvement Agreement to secure the cost of 17 all required public improvements at the time of requesting the City Engineer's approval of Parcel Map No. 20853. If a Subdivision Improvement Agreement is requested by the 18 applicant, a fee of $2,000 shall be paid for preparation and processing of the Subdivision 19 Improvement Agreement. The applicant will be required to secure the Subdivision Improvement Agreement pursuant to Government Code 66499 in amounts determined by 20 the City Engineer.
21 9. The applicant shall comply with all other applicable State and local ordinances. 22 10. The applicant shall comply with all conditions of approval contained in CDP No. 2023- 23 0011 and PPD No. 2023-0018 to the extent they are not in conflict with any condition of 24 approval herein.
25 11. Pursuant to Section 17.16.050A of the Rialto Municipal Code, approval of TPM No. 20853 is granted for a period of thirty-six (36) months from the effective date of this 26 resolution. Pursuant to Section 17.16.050C of the Rialto Municipal Code, an extension 27 of time for TPM No. 20853 may be granted by the Planning Commission for a period or periods not to exceed a total of twenty-four (24) months. The period or periods of 28 extension shall be in addition to the original thirty-six (36) months. An application -7-
1 shall be filed with the Planning Division for each extension together with the required fee prior to the expiration date of TPM No. 20853.
2 3 SECTION 5. The Chairman of the Planning Commission shall sign the passage and 4 adoption of this resolution and thereupon the same shall take effect and be in force. 5 PASSED, APPROVED AND ADOPTED this 7th day of August, 2024. 6 7
8 JERRY GUTIERREZ, CHAIR V
9 CITY OF RIALTO PLANNING COMMISSION
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