RESOLUTION NO. XXXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RIALTO, CALIFORNIA UPHOLDING THE APPEAL DATED AUGUST 21, 2024, FILED BY THE CENTER FOR COMMUNITY ACTION AND ENVIRONMENTAL JUSTICE AND DISAPPROVING ENVIRONMENTAL ASSESSMENT REVIEW NO. 2023-0022, TENTATIVE PARCEL MAP NO. 2023-0001, conditional development permit no. 2023-0011, AND PRECISE PLAN OF DESIGN NO. 2023-0018.
WHEREAS, the applicant, Rialto Springs, LLC, proposes to develop and operate a 225,173 square foot industrial warehouse building and associated paving, landscaping, lighting, and drainage improvements (“Project”) on 12.01 gross acres (11.19 net acres) of land (APN’s: 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 district of the Rialto Airport Specific Plan (“Site”); and WHEREAS, the Project within the I-PID land use district of the Rialto Airport Specific Plan requires the approval of a tentative parcel map, and the Applicant agreed to apply for a Tentative Parcel Map No. 2023-0001, also referred to as Tentative Parcel Map No. 20853, (“TPM No. 20853”), in accordance with Government Code Sections 66473.5 and 66474; and WHEREAS, the Project within the I-PID land use district of the Rialto Airport Specific Plan requires the approval of a Conditional Development, and the applicant agreed to apply for Conditional Development Permit No. 2022-0002 (“CDP No. 2022-0002”), in accordance with Chapter 18.66 (Conditional Development Permits) of the Rialto Municipal Code and Chapter 18.112 (Indoor Storage Facilities) of the Rialto Municipal Code; and WHEREAS, the Project within the I-PID land use district of the Rialto Airport Specific Plan requires the approval of a Precise Plan of Design, and the applicant agreed to apply for Precise Plan of Design No. 2022-0001 (“PPD No. 2022-0001”), in accordance with Chapter 18.65 (Precise Plan of Design) of the Rialto Municipal Code; and WHEREAS, pursuant to the provisions of the California Environmental Quality Act, 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 staff reviewed an Addendum to the Environmental Impact Report for the Rialto Airport Specific Plan (Environmental Assessment Review No. 2023-0022) prepared by Kimley-Horn and Associates, Inc. and recommended that the Planning Commission determine 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 severity of any previously identified environmental impacts. The potential impacts associated with proposed Project would either be the same or less than those described in the RASP EIR; and WHEREAS, the City mailed public hearing notices for the proposed Project to all property owners within 1,000 feet of the project site, and published the public hearing notice in the San Bernardino Sun newspaper as required by State law; and WHEREAS, on July 17, 2024, the Planning Commission of the City of Rialto conducted a duly noticed public hearing, as required by law, on TPM No. 20853, CDP No. 2023-0011, PPD No. 2023-0018, and the associated Addendum to the Environmental Impact Report for the Rialto Airport Specific Plan, took testimony, at which time it received input from staff, the city attorney, and the applicant; heard public testimony; discussed the proposed TPM No. 20853, CDP No. 2023-0011, PPD No. 2023-0018, and the associated Addendum to the Environmental Impact Report for the Rialto Airport Specific Plan; and continued the public hearing to the following meeting on August 7, 2024; and WHEREAS, on August 7, 2024, the Planning Commission of the City of Rialto conducted a duly noticed public hearing, as required by law, on TPM No. 20853, CDP No. 2023-0011, PPD No. 2023-0018, and the associated Addendum to the Environmental Impact Report for the Rialto Airport Specific Plan took testimony, at which time it received input from staff, the city attorney, and the applicant; heard public testimony; discussed the proposed TPM No. 20853, CDP No. 2023-0011, PPD No. 2023-0018, and the associated Addendum to the Environmental Impact Report for the Rialto Airport Specific Plan; and closed the public hearing; and WHEREAS, on August 7, 2024, the Planning Commission voted 3-1 (1 abstention & 2 vacancies) to approve TPM No. 20853, CDP No. 2023-0011, PPD No. 2023-0018, and the associated Addendum to the Environmental Impact Report for the Rialto Airport Specific Plan (Environmental Assessment Review No. 2023-0022); and WHEREAS, on August 21, 2024, pursuant to Chapter 18.68 (Appeals) of the Rialto Municipal Code, the Center for Community Action and Environmental Justice (“Appellant”) filed with the office of the City Clerk an appeal to the City Council requesting a review and reversal of the decision previously made by the Planning Commission approving TPM No. 20853, CDP No. 2023-0011, PPD No. 2023-0018, and the associated Addendum to the Environmental Impact Report for the Rialto Airport Specific Plan (Environmental Assessment Review No. 2023-0022) (“Appeal”); and WHEREAS, on September 10, 2024, the City Council scheduled a public hearing for the Appeal for September 24, 2024; and WHEREAS, on September 24, 2024, in accordance with Chapter 18.68 (Appeals) of the Rialto Municipal Code, the City Council conducted a public hearing of the Appeal, took testimony, discussed the Appeal; and voted 5-0 to continue the public hearing to November 12, 2024; and WHEREAS, on November 12, 2024, the City Council reopened the public hearing of the Appeal, took testimony, discussed the Appeal; and closed the public hearing; and WHEREAS, on November 12, 2024, subsequent to the closing of the public hearing, the City Council voted 5-0 to uphold the Appeal and disapprove Environmental Assessment Review No. 2023-0022, TPM No. 20853, CDP No. 2023-0011, and PPD No. 2023-0018; and WHEREAS, this Resolution as presented, memorializes and ratifies the City Council’s decision of November 12, 2024; and WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred; and WHEREAS, the City Council’s hearing of the Appeal is de novo and its decision is final and with prejudice.
NOW, THEREFORE, the City Council hereby finds, determines, and resolves as follows:
SECTION 1. The City Council hereby specifically finds that all of the facts set forth in the recitals above of this Resolution are true and correct and incorporated herein.
SECTION 2. Based on substantial evidence presented to the City Council during the public hearing conducted with regard to Environmental Assessment Review No. 2023-0022, TPM No. 20853, CDP No. 2023-0011, and PPD No. 2023-0018, including written staff reports, verbal testimony, site plans, other documents, and the conditions of approval stated herein, the City Council hereby determines that CDP No. 2023-0011 does not satisfy the requirements of Section 18.66.020 of the Rialto Municipal Code pertaining to the findings which must be made precedent to granting a conditional development permit. As documented below, the Project does not satisfy findings A, B, and F. The findings are as follows:
A. 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 or community; and This finding is not satisfied due to the following facts:
General Plan Goal 2-8, Goal 2-14, Goal 2-19, and Goal 2-22, encourage and require industrial developments to be sensitive to the character of surrounding neighborhoods and consistent with both the scale and height of surrounding existing developments, and the proposal does not adequately achieve consistency with those goals. Furthermore, according to the Rialto Airport Specific Plan, the underlying Planned Industrial Development (I-PID) land use district envisions campus-like developments that provide for light industrial and industrial/business park uses. Additionally, I-PID areas are intended to provide a transition between existing sensitive uses, such as the existing residential uses to the north and east, and more intense industrial zoned areas. Ultimately, the I-PID land use district is intended to avoid a drastic change in the scale and type of developments as well as developments that lend themselves to large amounts of truck traffic and twenty-four (24) hour operations, and that the project, as proposed, does not conform to that intent.
The Project will generate an increase in truck traffic to the local streets, which will negatively impact the efficiency of traffic in the immediate area. Additionally, the Project will generate an unnecessary increase in pollution in the immediate area through construction, operational, and mobile emission sources.
B. The proposed use will not be detrimental or injurious to health, safety, or general welfare of persons residing or working in the vicinity; and This finding is not satisfied due to the following facts:
The Project will generate harmful pollution through construction, operational, and mobile emission sources, including but not limited to Carbon Monoxide (CO), Nitrogen Oxide (NOx), etc., that will disperse throughout the area around the Site.
Additionally, the Project will increase truck traffic in the immediate area, which will create further traffic delays on local streets that will negatively affect persons residing or working in the vicinity.
F. Any potential adverse effects upon the surrounding properties will be minimized to every extent practical and any remaining adverse effects shall be outweighed by the benefits conferred upon the community or neighborhood as a whole.
This finding is not satisfied due to the following facts:
The Project will generate an increase in truck traffic and air pollution that will affect the surrounding properties, including the sensitive residential properties to the north and east of the Site, but also throughout the immediate area. Furthermore, the Project would introduce an industrial warehouse building that is incompatible with the existing residential properties to the north and east due to the large physical scale of the proposed industrial warehouse building and its heavy use of truck traffic. These adverse effects are not outweighed by any benefits conferred upon the community or neighborhood as a whole by the implementation of the Project.
SECTION 3. Based on substantial evidence presented to the City Council during the public hearing conducted for the Appeal, including written staff reports, verbal testimony, site plans, other documents, and the conditions of approval stated herein, the City Council hereby determines that PPD No. 2023-0018 does not satisfy the requirements of Section 18.65.020E of the Rialto Municipal Code pertaining to the findings which must be made precedent to granting a Precise Plan of Design. As documented below, the Project does not satisfy finding number 3. The findings are as follows:
3. The proposed development will not unreasonably interfere with the use or enjoyment of neighboring property rights or endanger the peace, health, safety or welfare of the general public.
This finding is not satisfied, due to the following facts:
The Project will generate harmful pollution through construction, operational, and mobile emission sources, including but not limited to Carbon Monoxide (CO), Nitrogen Oxide (NOx), etc., that will disperse throughout the area around the Site. Additionally, the Project will increase truck traffic in the immediate area, which will create further traffic delays on local streets that will negatively affect persons residing or working in the vicinity.
The increase in truck traffic and air pollution by the Project will negatively affect the health, safety, and welfare of those residing or working in the immediate area, particularly the sensitive residential receptors to the east of the Site.
SECTION 4. The City Council hereby upholds the Appeal and disapproves the previous decision of the Planning Commission approving CDP No. 2023-0011 and PPD No. 2023-0018 on the grounds that the Project will be a detriment to the air quality and the level of service of traffic in the immediate area, and that the Project does not comply with the required findings necessary for approval contained in Section 18.66.020 of the Rialto Municipal Code and Section 18.65.020E of the Rialto Municipal Code.
SECTION 5. The Mayor shall sign as to the passage and adoption of this resolution and thereupon the same shall take effect and be in force.
PASSED, APPROVED AND ADOPTED this day of ________. _________________________________
JOE BACA, MAYOR
ATTEST:
__________________________________
BARBARA MCGEE, CITY CLERK
APPROVED AS TO FORM:
__________________________________
ERIC S. VAIL, CITY ATTORNEY
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss
CITY OF RIALTO )
I, BARBARA MCGEE, City Clerk of the City of Rialto, do hereby certify that the foregoing Resolution No. _________ was duly passed and adopted at a regular meeting of the City Council of the City of Rialto held on the ______ day of ___________________, 2024.
Upon motion of Councilmember _______________, seconded by Councilmember ___________________, the foregoing Resolution No. _________ was duly passed and adopted.
Vote on the motion:
AYES:
NOES:
ABSENT:
IN WITNESS WHEREOF, I have hereunto set my hand and the Official Seal of the City of Rialto this ______ day of __________________, 2024. ________________________________
BARBARA MCGEE, CITY CLERK
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