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Exhibit C - Draft Ordinance for the First Amendment to the DA

Rialto City Council
January 13, 2026

Document
Exhibit C - Draft Ordinance for the First Amendment to the DA
Meeting
January 13, 2026
Body
Rialto City Council
Original file
529 KB
Text extracted from the city's file for reading and search. Open the original on legistar.granicus.com. That file is the official record.

ORDINANCE NO. XXXX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RIALTO, CALIFORNIA, APPROVING A FIRST AMENDMENT TO THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF RIALTO AND LEWIS-HILLWOOD RIALTO COMPANY LLC REGARDING PROPERTIES WITHIN THE RENAISSANCE SPECIFIC PLAN.

WHEREAS, California Government Code Section 65864 and Chapter 18.79 of Title 18 of the Rialto Municipal Code authorizes the City Council to enter into development agreements; and WHEREAS, pursuant to Section 18.79.040 of the Rialto Municipal Code, the Planning Commission shall hold a public hearing for a proposed amendment to an adopted development agreement and forward a recommendation to the City Council for action; and WHEREAS, on December 13, 2016, the City of Rialto entered into Development Agreement with Lewis-Hillwood Rialto Company LLC regarding the disposition and development of certain properties within the boundary of the Renaissance Specific Plan; and 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 (“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, a First Amendment has been prepared to remove provisions related to the public park eliminated by the Project (“First Amendment”).

WHEREAS, on November 5, 2025, the Planning Commission of the City of Rialto conducted a duly noticed public hearing, as required by law, on the First Amendment, took testimony, at which time it received input from staff, the city attorney, and the Applicant; discussed the First Amendment; closed the public hearing; and adopted a resolution recommending that the City Council adopt an ordinance approving the First Amendment; and NOW THEREFORE, THE CITY COUNCIL AND RIALTO HOUSING AUTHORITY OF THE CITY OF RIALTO FINDS AND ORDAINS AS FOLLOWS:

Section 1. The above recitals are all true and correct and are hereby adopted as findings.

Section 2. A Subsequent Environmental Impact Report (Environmental Assessment Review No. 2024-0025) has been prepared for the proposed Project in accordance with the California Environmental Quality Act (CEQA) and it has been determined that the Project will create unavoidable significant impacts to greenhouse gas emissions.

Section 3. The City Council finds that the First Amendment to the Development Agreement between the City of Rialto and Lewis-Hillwood Rialto Company LLC is consistent with the General Plan and the Renaissance Specific Plan because it will strengthen and diversify the economic base, provide employment opportunities, and maintain a positive business climate.

Section 4. The First Amendment to the Development Agreement between the City of Rialto and Lewis-Hillwood Rialto Company LLC, as set forth in Exhibit A, is hereby approved.

Section 5. The City Clerk shall certify to the adoption of this Ordinance, and cause the same to be published in the local newspaper, and the same shall take effect thirty (30) days after its date of adoption.

PASSED, APPROVED AND ADOPTED this ____ day of _______________, 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

END OF EXHIBIT A
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