RESOLUTION NO. XXXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RIALTO, CALIFORNIA ApprovING conditional development permit no. 2023-0032 allowING THE DEVELOPMENT and operation OF A 664,859 SQUARE FOOT Industrial warehouse BUILDING 38.89 gross ACRES (38.78 net acres) oF land (APN: 0239-192-23) located at the southwest corner of locust avenue and lowell street within the general manufacturing (I-GM) land use district of the rialto airport specific plan.
WHEREAS, the applicant, IV5 Locust Gateway Logistics Center LLC, (“Applicant”) proposes to develop and operate a 664,859 square foot industrial warehouse building with associated paving, landscaping, fencing, lighting, and drainage improvements (“Project”) on approximately 38.89 gross acres (38.78 net acres) of land (APN: 0239-192-23) located at the southwest corner of Locust Avenue and Lowell Street within the General Manufacturing (I-GM) land use district of the Rialto Airport Specific Plan (“Site”); and WHEREAS, the Project will consist of a 664,859 square foot industrial warehouse building, eighty-two (82) dock-high loading doors, concrete screen walls, an abundant amount of landscaping, and full pedestrian and vehicle access; and WHEREAS, Pursuant to Ordinance No. 1653, the Project requires a Conditional Development Permit, and the applicant has agreed to apply for Conditional Development Permit No. 2023-0032 (“CDP No. 2023-0032”); and WHEREAS, in conjunction with the Project, the applicant has applied for Tentative Parcel Map No. 2023-0006, also referred to as Tentative Parcel Map No. 20809 (“TPM No. 20809”) to provide public right-of-way dedications and to resolve underlying past recordings and instruments related to the Site; and WHEREAS, in conjunction with the Project, the applicant has applied for Precise Plan of Design No. 2023-0041 (“PPD No. 2023-0041”) to facilitate the development of a 664,859 square foot industrial warehouse building with associated paving, landscaping, fencing, lighting, and drainage improvements on the Site; and WHEREAS, on December 17, 2025, the Planning Commission of the City of Rialto conducted a duly noticed public hearing, as required by law, on CDP No. 2023-0032, TPM No. 20809, and PPD No. 2023-0041, took testimony, at which time it received input from staff, the city attorney, and the applicant; heard public testimony; discussed the proposed CDP No. 2023-0032, TPM No. 20809, and PPD No. 2023-0041; and closed the public hearing; and WHEREAS, on December 17, 2025, the Planning Commission voted 7-0 to recommend approval of CDP No. 2023-0032, TPM No. 20809, and PPD No. 2023-0041to the City Council; and WHEREAS, on January 27, 2026, the City Council conducted a duly noticed public hearing, as required by law, on CDP No. 2023-0032, TPM No. 20809, and PPD No. 2023-0041, took testimony, at which time it received input from staff, the city attorney, and the applicant; heard public testimony; discussed the proposed CDP No. 2023-0032, TPM No. 20809, and PPD No. 2023-0041; and closed the public hearing; and WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred.
NOW, THEREFORE, the City Council hereby finds, determines, and resolves as follows:
SECTION 1. The City Council hereby specifically finds that all of the facts set forth in the recitals above of this Resolution are true and correct and incorporated herein.
SECTION 2. Based upon the forgoing and substantial evidence presented to the City Council during the public hearing conducted with regard to CDP No. 2023-0032, including, but not limited to, written staff reports, verbal testimony, presentations by City staff, site plans, and other supporting documents, and the conditions of approval stated herein, the City Council hereby determines that CDP No. 2023-0032 satisfies 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, which findings are as follows:
1. 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 supported by the following facts:
The Site is “L”-shaped, expansive in size, and vacant. The Project will develop the highest and best use for the Site, in accordance with the General Manufacturing (I-GM) land use district of the Rialto Airport Specific Plan. Additionally, the Project will provide employment opportunities within the City and reduce blight by implementing a use on vacant, unimproved land.
2. 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 supported by the following facts:
The development of an industrial warehouse building on the Site is consistent with the underlying General Manufacturing (I-GM) land use district, which conditionally permits the development and operation of industrial warehouse buildings. To the north of the project site, across Lowell Street, are several existing industrial developments, and to the east, across Locust Avenue, is approximately 4.75 acres of vacant land. To the south are several existing industrial developments, and to the west is a concrete mix manufacturing facility operated by Robertson’s Ready Mix. The nearby area is predominantly designated for and developed with industrial uses, and as a result, there are no sensitive land uses adjacent to the project site. The project is not expected to negatively impact any uses with the successful implementation of measures such as landscape buffering, the installation of solid screen walls, aesthetic building enhancements, and other traffic related measures.
3. The site for the proposed use is adequate in size, shape, topography, accessibility and other physical characteristics to accommodate the proposed use in a manner compatible with existing land uses; and This finding is supported by the following facts:
The Site is 38.78 net acres in size and adjacent to two (2) public streets, which will be able to accommodate the proposed use. The Project will have three (3) points of access via Lowell Street and one (1) point of access via Locust Avenue. In addition, the building will have 365 passenger vehicle parking spaces, which exceeds the amount required by Chapter 18.58 (Off-Street Parking) of the Rialto Municipal Code.
4. The site has adequate access to those utilities and other services required for the proposed use; and This finding is supported by the following facts:
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.
5. 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 inharmonious with the General Plan and its objectives, the Agua Mansa Specific Plan, or any zoning ordinances, and This finding is supported by the following facts:
As previously stated, the proposed use is consistent with the General Manufacturing (I-GM) 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 public right-of-way and the building will have 365 passenger vehicle parking spaces, all of which comply with the General Plan, the I-GM land use district of the Rialto Airport Specific Plan, Chapter 18.112 (Indoor Storage Facilities) of the Rialto Municipal Code, and the City’s Design Guidelines. Additionally, a landscape setback with a minimum depth of twenty (20) feet will be provided along the frontages of both Locust Avenue and Lowell Street.
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 supported by the following facts:
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 imposed by the City Council on the Precise Plan of Design, such as extensive landscaping, solid screen walls, and enhanced architectural features. The development of a high-quality industrial development will provide additional employment opportunities for residents and visitors to the City. The Project will also serve to develop a piece of land, which has remained undeveloped. The Project is consistent with the General Manufacturing (I-GM) land use district and the surrounding industrial land uses. The nearby area is predominantly designated for and developed with industrial uses, and as a result, there are no sensitive land uses adjacent to the project site. The project is not expected to negatively impact any uses with the successful implementation of measures such as landscape buffering, the installation of solid screen walls, aesthetic building enhancements, and other traffic related measures. Therefore, any potential adverse effects are outweighed by the benefits conferred upon the community and neighborhood as a whole.
SECTION 3. An Environmental Impact Report (Environmental Assessment Review No. 2023-0051) 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. On January 27, 2026, the City Council adopted the Final Environmental Impact Report prepared for the Project.
SECTION 4. Based upon the forgoing and substantial evidence presented to the City Council during the public hearing conducted with regard to CDP No. 2023-0032, including, but not limited to, written staff reports, verbal testimony, presentations by City staff, site plans, and other supporting documents, and the conditions of approval stated herein, the City Council hereby approves CDP No. 2023-0032, in accordance with the plans and application on file with the Planning Division, subject to the following conditions:
The approval is granted allowing the development and operation of a 664,859 square foot industrial warehouse building on 38.89 gross acres (38.78 net acres) of land (APN: 0239-192-23) located at the southwest corner of Locust Avenue and Lowell Street, as shown on the plans attached as Exhibit A and as approved by the City Council. If the Conditions of Approval specified herein are not satisfied or otherwise completed, the project shall be subject to revocation.
City inspectors shall have access to the site to reasonably inspect the site during normal working hours to assure compliance with these conditions and other codes.
The applicant shall indemnify, protect, defend, and hold harmless, the City of Rialto, and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof (collectively, the “City Parties”), from any and all claims, demands, law suits, writs of mandamus, and other actions and proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute resolutions procedures (including, but not limited to arbitrations, mediations, and other such procedures), (collectively “Actions”), brought against the City, and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or annul, the any action of, or any permit or approval issued by, the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof (including actions approved by the voters of the City), for or concerning the Project (collectively, the “Entitlements”), whether such Actions are brought under the California Environmental Quality Act, the Planning and Zoning Law, the Subdivision Map Act, Code of Civil Procedure Chapter 1085 or 1094.5, the California Public Records Act, or any other state, federal, or local statute, law, ordinance, rule, regulation, or any decision of a court of competent jurisdiction. This condition to indemnify, protect, defend, and hold the City harmless shall include, but not limited to (i) damages, fees and/or costs awarded against the City, if any, and (ii) cost of suit, attorneys’ fees and other costs, liabilities and expenses incurred in connection with such proceeding whether incurred by applicant, Property owner, or the City and/or other parties initiating or bringing such proceeding (collectively, subparts (i) and (ii) are the “Damages”). Notwithstanding anything to the contrary contained herein, the Applicant shall not be liable to the City Parties under this indemnity to the extent the Damages incurred by any of the City Parties in such Action(s) are a result of the City Parties’ fraud, intentional misconduct or gross negligence in connection with issuing the Entitlements. The applicant shall execute an agreement to indemnify, protect, defend, and hold the City harmless as stated herein within five (5) days of approval of CDP No. 2023-0032.
In accordance with the provisions of Government Code Section 66020(d)(1), the imposition of fees, dedications, reservations, or exactions for this Project, if any, are subject to protest by the applicant at the time of approval or conditional approval of the Project or within 90 days after the date of the imposition of the fees, dedications, reservations, or exactions imposed on the Project.
The property owner(s) and building tenants shall always abide by all operational mitigation measures contained within the Mitigation Monitoring and Reporting Program associated with the Environmental Impact Report (Environmental Assessment Review No. 2023-0051) adopted for the Project.
The tenants within the buildings shall always conduct operations consistent with the environmental analysis contained within the Environmental Impact Report (Environmental Assessment Review No. 2023-0051) adopted for the Project.
The Project shall be limited to a maximum of 683 actual passenger car trips and 455 actual truck trips daily, in accordance with Table 5 (Summary of Project Trip Generation) of the Traffic Study prepared for the Project by Kimley-Horn and Associates, Inc. and dated December 2025, which is attached hereto as Exhibit B.
The applicant, landlord, and/or tenant(s) shall require all inbound truck traffic to access the site via the SR-210 Freeway & Alder Avenue off-ramps, northbound on Alder Avenue 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 Freeway & Sierra Avenue off-ramps, southbound on Sierra Avenue to Riverside Avenue, 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 use Casmalia Street east of Locust Avenue or Riverside Avenue southeast of Locust Avenue.
The applicant, landlord, operator(s) and/or tenant(s) shall require all outbound truck traffic to proceed 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 Avenue on-ramps, or trucks exiting shall proceed northbound on Locust Avenue to Riverside Avenue, then northwestbound on Riverside Avenue to Sierra Avenue, then northbound on Sierra Avenue to the I-15 Freeway & Sierra Avenue on-ramps.
The applicant, landlord, operator(s) and/or tenant(s) shall ensure that all inbound truck traffic that requires temporary queuing or staging do so on-site. Inbound truck traffic shall not queue or stage on any public street at any time. Activities on-site shall not operate in 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 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 emergency response vehicles.
The applicant, landlord, operator(s) and/or tenant(s) shall only park or store trucks and 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 stored within any drive-aisles or passenger vehicle parking areas outside of the enclosed truck court at any time.
The landlord and/or tenant(s) shall not store any product, goods, materials, etc. outside of 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 Conditional Development Permit in accordance with Chapter 18.104 (Outdoor Storage Uses) of the Rialto Municipal Code.
Approval of CDP No. 2023-0032 will not become effective until the applicant has signed a statement acknowledging awareness and acceptance of the required conditions of approval contained herein.
In the event, that any operation on the Site 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 undesirable characteristics including, but not strictly limited to, uses which are or have become offensive to neighboring property or the goals and objectives of the General Manufacturing (I-GM) land use district of the Rialto Airport Specific Plan and/or the City’s General Plan, the applicant shall address the issues within forty-eight (48) hours of being notified by the City.
If the applicant fails to comply with any of the conditions of approval placed upon CDP No. 2023-0032, TPM No. 20809, or PPD No. 2023-0041, the Planning Commission may initiate proceedings to revoke the conditional development permit in accordance with the provisions of Sections 18.66.070 through 18.66.090, inclusive, of the Rialto Municipal Code. CDP No. 2023-0032 may be revoked, suspended or modified in accordance with Section 18.66.070 of the Zoning Ordinance at the discretion of the Planning Commission if:
a) 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; Any of the express conditions or terms of such permit are violated; 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 undesirable characteristics including, but not strictly limited to uses which are or have become offensive to neighboring property or the goals and objectives of the General Manufacturing (I-GM) land use district of the Rialto Airport Specific Plan and/or the City’s General Plan.
SECTION 5. The Mayor shall sign the passage and adoption of this resolution and thereupon the same shall take effect and be in force.
PASSED, APPROVED, AND ADOPTED this 27th 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
Project Plans
End of Exhibit A
Exhibit B
Table 5 (Summary of Project Trip Generation)
From the Traffic Study prepared for the Project by Kimley-Horn and Associates, Inc.
Dated December 2025
End of Exhibit B
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