For City Council Meeting June 10, 2025
TO: Honorable Mayor and City Council
FROM: Tanya Williams, City Manager
AUTHOR: Eric Vail, City Attorney
Title
Request City Council to: (1) Rescind Resolution 8317, (2) Rescind City Council Minute Order issued on November 12, 2024, and (3) adopt Resolution No. 8359.
Body
RECOMMENDATION
Staff recommends that the City Council:
(1) Rescind Resolution 8317,
(2) Rescind Minute Order issued on November 12, 2025 pertaining to Tentative Parcel Map No. 2023-0001; Conditional Development Permit No. 2023-0011; Precise Plan of Design No. 2023-0018; and Environmental Assessment Review 2023-0022; and,
(3) Adopt Resolution.
BACKGROUND
The project (“Project”) consists of Tentative Parcel Map No. 2023-0001, Conditional Development Permit 2023-0011, Precise Plan of Design No. 2023-0018 and Environmental Assessment Review 2023-0022 (“Project Approvals”) and was approved by the Planning Commission on August 7, 2024. An appeal of the Project Approvals was subsequently timely filed on August 21, 2024. The matter came before the City Council for consideration at a public hearing on September 24, 2024, and then again on November 12, 2024, at which the City Council by minute order upheld the appeal, thereby denying the Project. On January 22, 2025, the appellant withdrew the appeal after entering into a settlement agreement with the Project applicant.
The matter again came before the Council on January 28, 2025, to consider a resolution of findings upholding the Appeal and denying the project. At that meeting, the City Council adopted Resolution 8317, upholding the appeal and denying the Project Approvals.
ANALYSIS/DISCUSSION
Since January 28th, the Project applicant contested the City’s action and threatened legal proceedings. In response, the City and Project applicant entered into settlement negotiations to avoid unnecessary litigation. A tentative settlement framework has since been reached between the Project applicant, the appellant, and the City.
As part of this framework, the City Council is being asked to adopt a new resolution to rescind Resolution No. 8317, thereby reversing the City’s prior denial of the Project. This action will restore the Planning Commission’s original Project Approvals from August 7, 2024, subject to modifications set forth in the settlement agreements.
Adoption of the attached resolution would formally rescind Resolution No. 8317 and effectuate the terms of the settlement, allowing the Project to proceed as amended.
ENVIRONMENTAL IMPACT
An Addendum to the Environmental Impact Report for the Rialto Airport Specific Plan was prepared in conjunction with the Project Approvals in accordance with the California Environmental Quality Act (CEQA). The Addendum concluded that the Project would not result in new significant environmental effects or substantially increase the severity of previously identified significant effects beyond those analyzed in the certified EIR.
GENERAL PLAN CONSISTENCY
The Planning Commission previously determined that the Project was consistent with the City’s General Plan, Specific Plan and Overlay due it its land use designation of I-PID. Furthermore, the Project was previously determined to be consistent with the following goals of the Land Use Element and Economic Development Element of the Rialto General Plan:
Goal 2-16: Improve the architectural and design quality of development in Rialto.
Goal 2-22: Promote commercial and/or industrial development that is well designed, people-oriented, environmentally sustainable, sensitive to the needs of the visitor or resident, and functionally efficient for its purpose.
Goal 3-1: Strengthen and diversify the economic base and employment opportunities and maintain a positive business climate.
LEGAL REVIEW
The City Attorney's Office has reviewed the resolution and approved it as to form.
FINANCIAL IMPACT
Operating Budget Impact
There is no impact to City’s operating budget.
Capital Improvement Budget Impact
No City funds will be used to construct the project. The applicant will bear the full capital cost of construction of the Project and the required infrastructure improvements. Additionally, prior to the issuance of a building permit, the applicant will pay plan check, permit, development impact fees, and traffic “fair-share” fees to the City.
Licensing
Prior to any construction, the applicant is required to submit a list of all contractors to the City’s Business License Division. Each contractor must obtain a valid City of Rialto business license. Additionally, prior to occupancy or operation, both the property owner and each tenant must obtain separate business licenses for the leasing and use of the building.