RESOLUTION NO. 2025-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RIALTO, CALIFORNIA certifyING the final SUBSEQUENT Environmental Impact Report sch. 2024070224, as related to a proposed project consisting of A SPECIFIC PLAN AMENDMENT And the development of two (2) industrial warehouse buildings totaling 428,715 square feet on approximately 20.8 acres of land (APN’s: 0264-211-15 & -20; 0264-212-44, -46, & -54; Portions of 0264-212-17 & -45); adopt findings of fact related thereto, as required by public resources code section 21081(a) AND CEQA GUIDELINES, SECTION 15091; APPROVE A MITIGATION MONITORING AND REPORTING PROGRAM related thereto, AS REQUIRED BY PUBLIC RESOURCES CODE SECTION 21081.6 AND CEQA GUIDELINES SECTION 15097; and ADOPT THE STATEMENT OF OVERRIDING CONSIDERATIONS related thereto, AS REQUIRED BY PUBLIC RESOURCES CODE SECTION 21081(b) AND CEQA GUIDELINES SECTION 15093.
WHEREAS, on March 26, 2024, the City Council/Successor Agency to the Redevelopment Agency of the City of Rialto approved a Purchase and Sale Agreement, in cooperation with Lewis-Hillwood Rialto Company LLC, to facilitate the sale of five (5) parcels of land (APN’s: 0264-211-15 & -20; 0264-212-44, -46, & -54) and portions of two (2) parcels of land (APN’s 0264-212-17 & -45) to Newland Real Estate Equities LLC; and WHEREAS, the land to be sold to Newland Real Estate Equities LLC encompasses the entirety of Planning Area 126 and Planning Area 133 of the Renaissance Specific Plan; and WHEREAS, as part of the Purchase and Sale Agreement, the City of Rialto and Lewis-Hillwood Rialto Company LLC (collectively “Applicant”) agreed to complete the following prior to finalizing the land sale transaction:
An Amendment to the Renaissance Specific Plan to reconfigure Miro Way to extend from Linden Avenue to Ayala Drive, change the land use designation of Planning Area 123 to General Commercial with a Residential Overlay, and change the land use designations of Planning Area 126 and Planning Area 133 to Business Center, thereby eliminating the previous Public Park and School land use designations; and An Amendment to the Development Agreement between the City of Rialto and Lewis-Hillwood Rialto Company LLC to eliminate provisions related to the construction of a public park on Planning Area 126 and Planning Area 133; and Preparation of all necessary California Environmental Quality Act (“CEQA”) approvals related to the Specific Plan Amendment and DA Amendment; and WHEREAS, the applicant has submitted Specific Plan Amendment No. 2024-0005 (“SPA No. 2024-0005”) to amend the Renaissance Specific Plan (“SPA Project”) as follows:
Change the land use designation of Planning Area 123 from School to General Commercial with a Residential Overlay with a maximum development potential of 112,167 square feet of commercial uses, 164 dwelling units, or a combination thereof; and Change the land use designation of Planning Area 126 from Public Park to Business Center with a maximum development potential of 378,972 square feet of industrial uses; and Change the land use designation of Planning Area 133 from Employment with a Public Park Overlay to Business Center with a maximum development potential of 74,052 square feet of industrial uses; and Reconfigure Miro Way to extend from Linden Avenue on the west to Ayala Drive on the east; and Various textual and graphical amendments related to the changes listed above; and WHEREAS, the site for the SPA Project consists of approximately 33 acres of land (APN’s: 0264-211-15 & -20; 0264-212-12, -17, -30, -44, -45, -46, & -54; Portions of APN’s: 0264-212-05 & -06 located between Linden Avenue and Ayala Drive approximately 415 feet north of Baseline Road (“Site”); and WHEREAS, in conjunction with the SPA Project, a First Amendment to the Development Agreement between the City of Rialto and Lewis-Hillwood Rialto Company LLC has been prepared to remove provisions related to the public park eliminated by the Project (“DA Amendment”); and WHEREAS, the City of Rialto (“City”) has undertaken review under the California Environmental Quality Act (“CEQA”), Public Resources Code Sections 21000, et seq. and California Code of Regulations (“CEQA Guidelines”) Title 14, Sections 15000, et seq.; and WHEREAS, the Applicant retained Kimley-Horn & Associates, Inc., an environmental consulting firm, to prepare a Subsequent Environmental Impact Report (“SEIR”) for the SPA Project; and WHEREAS, in addition to the analyzing the Project, the SEIR would also analyze the future development of two (2) industrial warehouse buildings totaling 428,715 square feet in size (53,640 square feet on Planning Area 133 and 375,075 square feet on Planning Area 126) (“Future Development”); and WHEREAS, on July 8, 2024, the City distributed a Notice of Preparation for Draft Environmental Impact Report SCH. 2024070224, for the SPA Project and the Future Development, pursuant to CEQA Guidelines Section 15082 and Public Resources Code Section 21080.4, providing a 30-day period during which responsible agencies, trustee agencies, and members of the general public could provide comments to the City regarding the scope of the proposed SEIR; and WHEREAS, pursuant to the authority and criteria contained in CEQA and the City of Rialto environmental guidelines, the City, as the Lead Agency, analyzed the SPA Project and the Future Development and prepared a Draft Subsequent Environmental Impact Report (“DSEIR”), and determined that the proposed SPA Project and the Future Development would have significant impacts related to greenhouse gas emissions from operations; and WHEREAS, consistent with the requirements of CEQA Guidelines Section 15085, upon completing the DSEIR dated March 2025, the City filed a Notice of Completion on March 21, 2025 with the Office of Planning and Research; and WHEREAS, on March 21, 2025 consistent with the requirements of the Public Resources Code Section 21092 and CEQA Guidelines Section 15087, the City published a Notice of Availability of the DSEIR in the San Bernardino Sun newspaper, and, on March 21, 2025, posted the Notice of Availability at City Hall and mailed a Notice of Availability to all responsible and trustee agencies, all organizations and individuals who had requested notice, and all property owners located within a 1,000 foot radius of the Site; and WHEREAS, the Notice of Availability and Notice of Completion noticed all agencies, organizations, and the public that they had 45 days to provide comments on the contents of the DSEIR, which was available in hard copy for in-person review at City Hall – the Community Development Building - and available for download on the City of Rialto website, throughout the comment period; and WHEREAS, at the conclusion of the 45-day public review and comment period related to the DSEIR, the City directed the preparation of the Final Subsequent Environmental Impact Report dated August 2025 (“FSEIR”) pursuant to CEQA Guidelines Sections 15088, 15089 and 15132, which included the DSEIR, responses to public comments on the DSEIR, and a Mitigation Monitoring and Reporting Program; and WHEREAS, pursuant to CEQA Guidelines Section 15132, the FSEIR is required to be completed in compliance with CEQA, and pursuant to Section 21092.5 of CEQA, on October 14, 2024, the City sent via mail the FSEIR, including written responses to comments, to all agencies, organizations, and persons that commented on the DSEIR; and WHEREAS, on October 16, 2025, the City published a Notice of Public Hearing that the Planning Commission would consider certification of the FSEIR and approval of the SPA Project and DA Amendment at its November 5, 2025 meeting in the San Bernardino Sun newspaper, posted the notice at City Hall, and mailed said notice to all property owners within a 1,000 foot radius of the Site as well as all to all organizations and individuals who had requested notice; and WHEREAS, on November 5, 2025, the Planning Commission conducted a public hearing, and considered the record of proceedings for the FSEIR, which includes, but is not limited to, the following:
(1) The Notice of Preparation for the SPA Project and the Future Development (the “NOP”), and all other public notices issued by the City in connection with the Project; (2) The FSEIR dated August 2025;
(3) All written comments submitted by agencies or members of the public during any public review comment period on the DSEIR; (4) All written and verbal public testimony presented during a noticed public hearing for the SPA Project and DA Amendment at which such testimony was taken, including without limitation, the Staff Report to the Planning Commission, including all attachments, any and all presentations by City staff, the City’s consultants, the Applicant and the Applicant’s consultants, the public, and any other interested party; (5) The Mitigation Monitoring and Reporting Program for the Project (the “MMRP”); (6) The reports, studies and technical memoranda included and/or referenced in the DSEIR and the FSEIR and or their appendices; (7) All documents, studies, or other materials incorporated by reference in the DSEIR and the FSEIR; (8) All Ordinances and Resolutions presented to and/or to be adopted by the City in connection with the SPA Project and DA Amendment; and all documents incorporated by reference therein, specifically including, but not limited to, this Resolution and its exhibit; (9) Matters of common knowledge to the City, including but not limited, to federal, state, and local laws and regulations, adopted City plans, policies (including but not limited to the 2010 Rialto General Plan and the Renaissance Specific Plan), and the professional qualifications of City staff members and consultants; (10) Any documents expressly cited in this Resolution and its exhibit, the Staff Report to the Planning Commission, the FSEIR which includes the DSEIR; and (11) Any other relevant materials required to be in the record of proceedings under Section 21167.6(e) of the Public Resources Code; and WHEREAS, on November 5, 2025, following the public hearing, the Planning Commission considered and discussed the adequacy of the proposed FSEIR as an informational document and applied their own independent judgement and analysis to review said FSEIR, and desired to take action to recommend that the City Council certify the FSEIR, as having been completed in compliance with CEQA, based on the findings found herein; and WHEREAS, on November 5, 2025, following the public hearing, the Planning Commission also considered and decided whether to recommend approval or rejection of the SPA Project and DA Amendment to the City Council at that time; and WHEREAS, on November 5, 2025, the Planning Commission voted 5-0 (2 absences) to recommend approval of the FSEIR and the SPA Project and DA Amendment to the City Council; and WHEREAS, on January 13, 2026, the City Council conducted a public hearing, and considered the record of proceedings for the FSEIR, which includes, but is not limited to, the following:
(1) The Notice of Preparation for the SPA Project and the Future Development (the “NOP”), and all other public notices issued by the City in connection with the Project; (2) The FSEIR dated August 2025;
(3) All written comments submitted by agencies or members of the public during any public review comment period on the DSEIR; (4) All written and verbal public testimony presented during a noticed public hearing for the SPA Project and DA Amendment at which such testimony was taken, including without limitation, the Staff Report to the City Council, including all attachments, any and all presentations by City staff, the City’s consultants, the Applicant and the Applicant’s consultants, the public, and any other interested party; (5) The Mitigation Monitoring and Reporting Program for the Project (the “MMRP”); (6) The reports, studies and technical memoranda included and/or referenced in the DSEIR and the FSEIR and or their appendices; (7) All documents, studies, or other materials incorporated by reference in the DSEIR and the FSEIR; (8) All Ordinances and Resolutions presented to and/or to be adopted by the City in connection with the SPA Project and DA Amendment; and all documents incorporated by reference therein, specifically including, but not limited to, this Resolution and its exhibit; (9) Matters of common knowledge to the City, including but not limited, to federal, state, and local laws and regulations, adopted City plans, policies (including but not limited to the 2010 Rialto General Plan and the Renaissance Specific Plan), and the professional qualifications of City staff members and consultants; (10) Any documents expressly cited in this Resolution and its exhibit, the Staff Report to the City Council, the FSEIR which includes the DSEIR; and (11) Any other relevant materials required to be in the record of proceedings under Section 21167.6(e) of the Public Resources Code; and WHEREAS, the City has not pre-committed to approving the SPA Project, DA Amendment, or the FSEIR, and will not commit to any approval related to the SPA Project until the Planning Commission and City Council consider and certify the FSEIR for the SPA Project based upon all evidence presented; and WHEREAS, on January 13, 2026, following the public hearing, the City Council considered and discussed the adequacy of the proposed FSEIR as an informational document and applied their own independent judgment and analysis to review said FSEIR, and hereby desire to take action to certify the FSEIR, as having been completed in compliance with CEQA, based on the findings found herein; and WHEREAS, at its November 5, 2025 meeting, following the public hearing, the City Council also considered and decided whether to approve or reject the SPA Project and DA Amendment at this time; and WHEREAS, CEQA requires in Public Resources Section 21081 the following:
“Section 21081. Findings necessary for approval of project. Pursuant to the policy stated in Sections 21002 and 21002.1, no public agency shall approve or carry out a project for which an environmental impact report has been certified which identifies one or more significant effects on the environment that would occur if the project is approved or carried out unless both of the following occur:
(a) The public agency makes one or more of the following findings with respect to each significant effect:
(1) Changes or alterations have been required in, or incorporated into, the Project which mitigate or avoid the significant effects on the environment. (2) Those changes or alterations are within the responsibility and jurisdiction of another public agency and have been, or can and should be, adopted by that other agency. (3) Specific economic, legal, social, technological, or other considerations, including considerations for the provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or alternatives identified in the environmental impact report. (b) With respect to significant effects which were subject to a finding under paragraph (3) of subdivision (a), the public agency finds that specific overriding economic, legal, social, technological, or other benefits of the Project outweigh the significant effects on the environment.” WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred.
NOW, THEREFORE, the City Council hereby finds, determines, and resolves as follows:
SECTION 1: RECITALS. The City Council hereby specifically finds all of the facts set forth in the recitals above this Resolution are true, correct, and incorporated herein.
SECTION 2: FINDINGS. The FSEIR available at the Community Development Department office and provided concurrently with this Resolution, includes the DSEIR SCH No. 2024070224 dated March 2025 and all related appendices, the Response to Comments, and all related appendices and attachments to the FSEIR. The City Council finds, based upon the substantial evidence in the record of proceedings and the whole record before it, in the exercise of its independent judgment and analysis, that the FSEIR is, procedurally and substantively, in compliance with the requirements of CEQA:
Procedural Compliance: The FSEIR was prepared in procedural compliance with the requirements of CEQA:
Notice of Preparation. As described in the Recitals hereto, a Notice of Preparation was prepared in accordance with Section 15082 of CEQA.
Public Review. As described in the Recitals hereto, the City held multiple public review periods pursuant to the CEQA Guidelines.
Notice of Completion. As described in the Recitals hereto, the City has complied with CEQA Guidelines Sections 15085, 15086, 15087, and 15105 by providing a Notice of Completion of the DEIR to the State Clearinghouse and a Notice of Availability to responsible and trustee agencies and other persons and agencies as required.
Written Comments. As described in the Recitals hereto, the City has evaluated and responded to all written comments received during the public review period and included both comments and responses as part of the FSEIR pursuant to CEQA Guidelines Section 15088.
Findings Regarding Significant Effects that Can be Mitigated to Less Than Significant. The FSEIR identifies potentially significant effects on the environment that could result if the SPA Project or Future Development were adopted without changes or alterations to the SPA Project or Future Development and imposition of mitigation measures and further finds that changes, alterations, and mitigation measures have been or will be incorporated into, or imposed as conditions of approval on, the SPA Project and the Future Development. The City Council adopts the statements and findings in Exhibit A (Section 5.0, titled “Findings Regarding Potentially Significant Environmental Impacts which can be Mitigated to a Level of Less than Significant”) to this Resolution, which is attached hereto and incorporated herein by this reference. These avoidable significant effects are identified in Exhibit A (Section 5.0) and include potentially significant impacts to air quality, biological resources, cultural resources, energy, greenhouse gas emissions, noise, and tribal cultural resources. However, mitigation measures can be implemented to reduce these impacts to a level that is less than significant; changes have been required in, or incorporated into, the SPA Project and Future Development through the imposition of mitigation measures as described in Exhibit A (Section 5.0). These mitigation measures identified in Exhibit B will be imposed pursuant to the MMRP found in Section 4.0 (“Mitigation Monitoring and Reporting Program”) of the FSEIR. These changes, alterations, and mitigation measures are fully enforceable because they have either resulted in an actual change to the SPA Project and Future Development as proposed or they will be imposed as conditions of approval on the SPA Project and Future Development.
Findings Regarding Unavoidable Significant Impacts. The City Council adopts the statements and findings in Exhibit A (Section 6.0, titled “Findings Regarding Significant and Unavoidable Environmental Impacts which cannot be Mitigated to a Level of Less than Significant”) to this Resolution, which is attached hereto and incorporated herein by this reference. The SPA Project and the Future Development have significant effects that cannot be mitigated to a less than significant level through the imposition of mitigation measures. These significant effects are identified in Exhibit A (Section 6.0). Specific economic, legal, social, technological, or other considerations are found to make the Proposed SPA Project and Future Development acceptable notwithstanding that even with the required mitigation measures, and consideration of project alternatives identified in the FSEIR for the significant impacts identified in Exhibit A (Section 8.0, titled “Findings Regarding Project Alternatives”) all impacts cannot be reduced to less than significant levels, including those based upon the findings in Exhibit A (Section 6.0) to this resolution, and the findings in Exhibit A (Section 8.0) regarding the proposed alternatives. Therefore, those impacts are found to be significant and unavoidable.
Findings Regarding Less than Significant Impacts. In the course of the DSEIR evaluation, certain environmental impacts of the SPA Project and the Future Development were found not to be significant. Any and all potential significant impacts discussed in the FSEIR that are not subject to paragraph 2(b) or 2(c), above, as either an avoidable significant impact, or as an unavoidable significant impact, are insignificant impacts to the environment. There exists no fair argument that the environmental conditions that were found not to be significant in the DSEIR will pose a significant environmental impact, due to the inability of a project of this scope to create such impacts or the absence of project characteristics producing significant effects of this nature.
SECTION 3: FEIR REVIEWED AND CONSIDERED. The City Council has reviewed and considered the information contained in the FSEIR and finds that the FSEIR has been completed in compliance with CEQA.
SECTION 4: ALTERNATIVES. The FSEIR identified potential environmental impacts of separate project alternatives compared to impacts from the proposed SPA Project and Future Development. These alternatives were selected based upon their ability to avoid or substantially lessen the significant effects of the proposed SPA Project and Future Development, while still achieving the primary SPA Project and Future Development objectives. Most alternatives are hereby found infeasible due to lack of alternative site availability, failure to meet basic SPA Project and Future Development objectives, or the fact that some alternatives would still have the same types of significant and unavoidable impacts as the SPA Project and the Future Development. The City Council hereby adopts the Statement of Findings on rejection of Project Alternatives in Exhibit A (Section 8.0, titled “Findings Regarding Project Alternatives”) to this Resolution, which is attached hereto and incorporated herein by this reference.
SECTION 5: STATEMENT OF OVERRIDING CONSIDERATIONS. The City Council finds, pursuant to CEQA Section 21081(b) and CEQA Guidelines Section 15093, that the specific economic, legal, social, technological and other benefits of the SPA Project and Future Development outweigh the SPA Project's and Future Development’s unavoidable adverse environmental impacts, and therefore, the impacts are acceptable. The City Council hereby adopts the Statement of Overriding Considerations in Exhibit A (Section 11.0, titled “Statement of Overriding Considerations”) to this Resolution, which is attached hereto and incorporated herein by this reference. The City Council finds that each of the Significant and Unavoidable Impacts identified in Exhibit A (Section 6.0) may be considered acceptable for the reasons cited.
SECTION 6: MITIGATION MONITORING. The City as lead agency adopts the MMRP for the changes made to the SPA Project and Future Development that it has adopted in order to mitigate or avoid significant effects on the environment. Pursuant to Public Resources Code Section 21081.6, the MMRP set forth as Section 4.0 of the FSEIR to this Resolution, which is attached hereto as Exhibit B and incorporated herein by this reference, is hereby adopted to ensure that all mitigation measures adopted for the SPA Project and Future Development are fully implemented. The City Council hereby adopts the MMRP to ensure compliance with mitigation measures during SPA Project and Future Development implementation. As required by Public Resources Code Section 21081.6, the MMRP designates responsibility and anticipated timing for the implementation of the mitigation measures recommended in the FEIR. The MMRP will remain available for public review during the compliance period.
SECTION 7: CERTIFICATION. Based on the above facts and findings, the City Council hereby certifies the FSEIR for the SPA Project and Future Development as accurate and adequate. The City Council further certifies that the FSEIR was completed in compliance with CEQA and the CEQA Guidelines.
SECTION 8: The Mayor shall sign the passage and adoption of this resolution and thereupon the same shall take effect and be in force.
PASSED, APPROVED, AND ADOPTED this 13th day of January, 2026. ____________________________________
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 ___________________, 2026.
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 __________________, 2026. ________________________________
BARBARA MCGEE, CITY CLERK
EXHIBIT A
FINDINGS OF FACT IN SUPPORT OF FINDINGS AND STATEMENT OF OVERRIDING CONSIDERATIONS PREPARED PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT FOR THE FINAL SUBSEQUENT ENVIRONMENTAL IMPACT REPORT FOR THE MIRO WAY AND AYALA DRIVE PROJECT STATE CLEARINGHOUSE NO. 2024070224
[See Following Pages]
END OF EXHIBIT A
EXHIBIT B
END OF EXHIBIT B
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