RESOLUTION NO. 8575
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RIALTO, CALIFORNIA, APPROVING A CONSTRUCTION FEE CREDIT AND REIMBURSEMENT AGREEMENT BY AND BETWEEN THE CITY OF RIALTO AND WARMINGTON RESIDENTIAL CALIFORNIA, INC., A CALIFORNIA CORPORATION WHEREAS, the budget for fiscal year 2026-2027 of the City of Rialto has been adopted by this Council in its original form, and said budget will need to be amended at times to fulfill the goals of the City; and WHEREAS, Frontier Enterprises, Warmington Residential California, Inc., a California Corporation, (hereinafter the “Developer”), submitted various planning and development applications to the City and proposes to construct an eighty-one (81) attached dwelling units with private streets and various amenities for residential use on 4.00 acres of land (APNs: 0128-361-20 and 0128-361-24) located at the northeast corner of Foothill Boulevard and Spruce Avenue, (the “Project”); and WHEREAS, on March 19, 2025, the Planning Commission approved the Project as categorically exempt from the requirements of the California environmental Quality Act (CEQA) pursuant to Section 15332, In-fill Development Projects. (Environmental Assessment Review No. 2024-0011) for the Project, (the “Environmental Document”); and WHEREAS, on March 19, 2025, the Planning Commission approved Precise Plan of Design No. 2024-0008 for the Project subject to certain Conditions of Approval; and WHEREAS, the Conditions of Approval for the Project require Developer to construct certain public improvements (“Public Improvements”) including but not limited to (i) widening of Foothill Boulevard generally across the frontage between Spruce Avene and approximately 700 feet east of Spruce Avenue (“Road Widening Work”), and (ii) the construction of a raised landscaped median on Foothill Boulevard, from Spruce Avenue east to approximately 700 feet east of Spruce Avenue (“Median Work”); and WHEREAS, the Road Widening Work and Median Work are identified in the City’s various Nexus Studies or have been deemed necessary as improvements and are therefore eligible for reimbursements or fee credits in accordance with the provisions of Rialto Municipal Code Section 3.33.100 (entitled “Fee Credits”); and WHEREAS, the Conditions of Approval for the Project require Developer to pay prior to issuance of building permits the following fees: (1) a Regional Traffic Development Impact Fee in the amount of $198,288.00; and (2) a Street Median Development Impact Fee in the amount of $2,848.00; collectively the “Fair Share Fees”; and WHEREAS, Section 3.33.110 of the Rialto Municipal Code (entitled “Construction and Credit Agreements”) permits the City Manager to negotiate and enter into Construction and Credit Agreements with Developers, subject to the approval of the City Council; and WHEREAS, Section 3.33.100 of the Rialto Municipal Code also provides that a Developer is not entitled to reimbursement for any excess in the costs to construct the public facility over the amount of the developer's obligation to pay the development impact fee for the type of public facility constructed, unless a separate reimbursement agreement is approved by the City Council; and.
WHEREAS, the Developer and the City have negotiated the terms of a Construction Fee Credit and Reimbursement Agreement related to the construction of the Public Improvements and payment of the Fair Share Fees, a copy of which is attached hereto as Exhibit A and incorporated herein by reference; and WHEREAS, the construction of the Public Improvements was reviewed and considered as part of the environmental review for the Project; and WHEREAS, approval of the Construction Fee Credit and Reimbursement Agreement is an administrative or fiscal action by the legislative body that will not result in any additional direct or indirect physical change in the environment than what was already analyzed (Section 15378(b) of the CEQA Guidelines), consequently no further environmental review is warranted.
NOW, THEREFORE, the City Council of the City of Rialto hereby resolves as follows:
Section 1: Appropriate the following expenditures related to the Construction Fee Credit and Reimbursement Agreement with Warmington Residential California Inc., a California corporation, as follows:
Regional Traffic Fee Fund, Account No. 22504312-53001 in the amount of $51,884; Street Median Fee Fund, Account No. 22554314-53001 in the amount of $143,518.
Section 2: The City Council hereby finds and determines, based on substantial evidence in the record that Developer is entitled to receive credits from the City towards the Regional Traffic Development Impact Fee and Street Median Development Impact Fee for the cost to construct the Road Widening Work and Median Work.
Section 3: The City Council hereby finds and determines, based upon substantial evidence in the record, the analysis and environmental review completed, and the Environmental Assessment Review No. 2024-0011 for the Project, that there will be no additional significant or adverse impact on the environment resulting from entering into the Construction Fee Credit and Reimbursement Agreement.
Section 4: The City Council hereby approves the Construction Fee Credit and Reimbursement Agreement by and between Developer substantively in form and content to that attached hereto in Exhibit A along with any non-substantive changes as may be mutually agreed upon by the City Manager (or his duly authorized representative), City Attorney, and Developer. The final Construction Fee Credit and Reimbursement Agreement, when duly executed and attested, shall be filed in the office of the City Clerk.
Section 5: The City Manager (or his duly authorized representative) is authorized to execute and implement the Construction Fee Credit and Reimbursement Agreement, take all further actions, and execute all documents referenced therein and/or necessary and appropriate, including causing the issuance of warrants.
Section 6: The City Clerk shall certify to the adoption of this Resolution.
WHEREFORE, this Resolution is passed, approved and adopted this ____ day of ___________, 2026. _______________________________
JOE BACA, Mayor
ATTEST:
________________________________
BARBARA A. 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 A. 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 Council Member ____________, seconded by Council Member ____________, 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 A. MCGEE, CITY CLERK
EXHIBIT “A”
CONSTRUCTION CREDIT AND REIMBURSEMENT AGREEMENT
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