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File #: PC-24-1281    Version: 1 Name:
Type: Public Hearing Status: Agenda Ready
File created: 3/20/2024 In control: Planning Commission
On agenda: 4/3/2024 Final action:
Title: (Master Case No. 2022-0022) Tentative Parcel Map No. 2023-0005, Conditional Development Permit No. 2022-0015, Condition Development Permit Nos. 2023-0026 - 2023-0029, Conditional Development Permit No. 2023-0031, and Precise Plan of Design No. 2022-0017: Development of one (1) 224,566 square foot industrial warehouse building, 3,915 square foot restaurant building with drive-thru, vehicle fuel station with a 4,042 square foot overhead canopy, 3,700 square foot convenience market, and a 1,458 square foot automated car wash on a 14.29 acre site (APN's: 0264-191-02 & -04). The site is located on the southeast corner of Pepper Avenue and the SR-210 Freeway. The project also includes the subdivision of two (2) parcels of land (APN's: 0264-191-02 & -04) into three (3) new parcels - Parcel 1 (1.18 acres), Parcel 2 (1.46 acres), and Parcel 3 (11.65 acres). An Addendum to the Pepper Avenue Specific Plan Amendment and Industrial Development Project Subsequent Environmental Impact Report (Env...
Attachments: 1. Exhibit A - Location Map, 2. Exhibit B - Tentative Parcel Map, 3. Exhibit C - Retail Development Site Plan, 4. Exhibit D - Industrial Development Site Plan, 5. Exhibit E - Elevations (Restaurant Building), 6. Exhibit F - Elevations (Convenience Market & Car Wash Building), 7. Exhibit G - Elevations (Canopy), 8. Exhibit H - Elevations (Industrial Warehouse Building), 9. Exhibit I - Preliminary Landscape Plan, 10. Exhibit J - Crime Prevention Plan, 11. Exhibit K - Traffic Impact Analysis, 12. Exhibit L - Addendum to the SEIR, 13. Exhibit M - Draft Resolution for EAR No. 2023-0048, 14. Exhibit N - Draft Resolution for TPM No. 2023-0005, 15. Exhibit O - Draft Resolution for CDP No. 2022-0015, 16. Exhibit P - Draft Resolution for CDP No. 2023-0026, 17. Exhibit Q - Draft Resolution for CDP No. 2023-0027, 18. Exhibit R - Draft Resolution for CDP No. 2023-0028, 19. Exhibit S - Draft Resolution for CDP No. 2023-0029, 20. Exhibit T - Draft Resolution for CDP No. 2023-0031, 21. Exhibit U - Draft Resolution for PPD No. 2022-0017
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For the Planning Commission Meeting of April 3, 2024

TO:                                                               Honorable Chairman and Planning Commissioners

APPROVAL:                                          Colby Cataldi, Community Development Director

REVIEWED BY:                     Paul Gonzales, Community Development Manager

FROM:                                          Daniel Casey, Principal Planner

 

Title

(Master Case No. 2022-0022) Tentative Parcel Map No. 2023-0005, Conditional Development Permit No. 2022-0015, Condition Development Permit Nos. 2023-0026 - 2023-0029, Conditional Development Permit No. 2023-0031, and Precise Plan of Design No. 2022-0017:  Development of one (1) 224,566 square foot industrial warehouse building, 3,915 square foot restaurant building with drive-thru,  vehicle fuel station with a 4,042 square foot overhead canopy, 3,700 square foot convenience market, and a 1,458 square foot automated car wash on a 14.29 acre site (APN’s: 0264-191-02 & -04). The site is located on the southeast corner of Pepper Avenue and the SR-210 Freeway.  The project also includes the subdivision of two (2) parcels of land (APN’s: 0264-191-02 & -04) into three (3) new parcels - Parcel 1 (1.18 acres), Parcel 2 (1.46 acres), and Parcel 3 (11.65 acres).  An Addendum to the Pepper Avenue Specific Plan Amendment and Industrial Development Project Subsequent Environmental Impact Report (Environmental Assessment Review No. 2023-0048) has been prepared for consideration in conjunction with the project, in accordance with the California Environmental Quality Act (CEQA).

 

Body

APPLICANT:

 

Newcastle Rialto Associates, LLC, 4740 Green River Road, Suite 110, Corona, CA 92878

 

LOCATION:

 

The project site consists of two (2) parcels of land (APN’s: 0264-191-02 & -04) located at the southeast corner of Pepper Avenue and SR-210 Freeway within Planning Areas 1 & 10 of the Pepper Avenue Specific Plan (Refer to the attached Location Map (Exhibit A)).

 

BACKGROUND:

 

Surrounding General Plan Land Use Designations

 

Location

General Plan Designation

Site

Specific Plan with a Specific Plan Overlay (Pepper Avenue SP)

North

SR-210 Freeway

East

Jurisdiction of the City of San Bernardino

South

Specific Plan with a Specific Plan Overlay (Pepper Avenue SP)

West

Specific Plan with a Specific Plan Overlay (Pepper Avenue SP)

 

Surrounding Zoning Designations

 

Location

Zoning or Specific Plan Land Use Designation

Site

Pepper Avenue Specific Plan (Planning Area 1 - Community Commercial (CC) & Planning Area 10 - Light Industrial (LI))

North

SR-210 Freeway

East

Jurisdiction of the City of San Bernardino

South

Pepper Avenue Specific Plan (Light Industrial (LI))

West

Pepper Avenue Specific Plan (Community Commercial (CC))

 

Site Characteristics

The project site is a relatively flat and asymmetrical-shaped area of land totaling approximately 14.29 acres in size with approximate dimensions of 475 feet (north-south) by 1,300 feet (east-west).  The project site is bound on the north by the SR-210 Freeway and on the west by Pepper Avenue.  The property is vacant and covered by natural grasses, shrubs, and trees except for a concrete foundation from a residential dwelling that previously existed on the property.

 

ANALYSIS/DISCUSSION:

 

Project Proposal

The applicant, Newcastle Rialto Associates, LLC, proposes to subdivide the project site into three (3) new parcels of land and then construct one (1) 224,566 square foot industrial warehouse building, a 3,915 square foot restaurant building with drive-thru service, and a vehicle fuel station comprised six (6) fuel dispensers, a 4,042 square foot overhead canopy, a 3,700 square foot convenience market, and a 1,458 square foot automated car wash on the new parcels.  There are no proposed tenants for the new buildings at this time.

 

Parcel Map

As shown on the tentative parcel map (Exhibit B), the applicant has requested to subdivide the project site into three (3) parcels of land - Parcel 1 (1.18 acres), Parcel 2 (1.46 acres), and Parcel 3 (11.65 acres).  Parcel 1 will be located at the northwest corner of the project site, Parcel 2 will be located at the southwest corner of the project site, and Parcel 3 will encompass the east end of the project site.  According to Table 5-3 (Pepper Avenue Development Standards) of the Pepper Avenue Specific Plan, the Community Commercial (CC) and Light Industrial (LI) land use districts do not require a minimum lot size for any new parcel.

 

Site Design - Parcel 1

As shown on the retail development site plan (Exhibit C), the applicant proposes to construct a 3,915 square foot restaurant building on the west end of Parcel 1 near the Pepper Avenue frontage.  A double-lane drive-thru will wrap around the north, west, and south sides of the building and will provide stacking for up to eleven (11) vehicles from the drive-thru entrance to the pick-up window.  The proposed layout also includes a parking lot with 50 parking spaces on the east end of the project site, a canopy over the drive-thru windows, a trash enclosure, concrete pathways, and landscape planters around the perimeter of the project site, the building, and throughout the parking areas.

 

Site Design - Parcel 2

According to the retail development site plan (Exhibit C), the applicant proposes to construct a 3,700 square foot convenience market building with a 1,458 square foot attached automated car wash building on the north end of Parcel 2 and a 4,042 square foot canopy and six (6) fuel dispensers on the south end of Parcel 2.  A drive-thru lane for the car wash will wrap around the west and north sides of the building and will provide stacking for up to seven (7) vehicles from the drive-thru entrance to the car wash tunnel.  The proposed layout also includes parking areas with 32 parking spaces, a bypass lane along the north side of the car wash tunnel, a trash enclosure, concrete pathways, and landscape planters around the perimeter of the project site, the building, and throughout the parking areas.

 

Site Design - Parcel 3

As shown on the industrial development site plan (Exhibit D), the applicant proposes to construct a 224,566 square foot industrial warehouse building on the north end of Parcel 3.  The proposed layout includes an enclosed truck court on the south side of the building and passenger vehicle parking areas along the north, east, and west sides of the building.  The truck court will accommodate a maximum of 90 trucks and trailers, while the passenger vehicle parking areas will provide for the parking of up to 215 passenger vehicles.  Additional on-site improvements include paving, lighting, landscape planters throughout the site, screen walls around the truck court, and an underground infiltration basin for runoff water quality treatment and retention.

 

Access

One (1) driveway is proposed to be connected to Pepper Avenue for access - a sixty-five (65) foot wide signalized shared driveway on the south end of the project frontage will provide full access for trucks and passenger vehicles.

 

Architectural Design - Parcels 1 & 2

As shown on the elevations for the restaurant building (Exhibit E), the convenience market/car wash building (Exhibit F), and the canopy (Exhibit G), each structure will have a contemporary architectural design compatible with the Veneto architectural style requirements of the Pepper Avenue Specific Plan.  This includes the incorporation of stucco finishes, light/neutral colors, cornice roofline treatments, articulated massings, varied pitched-roof forms, and concrete tile roofing.  The exterior heights across all structures will range from 20 feet up to 28.5 feet.  Additional architectural features include generous amounts of glass, reveals, metal wall trellises, stone accents, wall sconces, and reveals.

 

Architectural Design - Parcel 3

The proposed industrial warehouse building will feature significant vertical and horizontal wall plane articulation in the form of recessed wall panels, projected wall panels, and panel height variations on all four (4) sides of the building.  As shown on the elevations (Exhibit H), the height of the building will range from 44 feet to 52 feet from the finished floor level.  The exterior of the building will be of concrete tilt-up wall construction painted with a palette of four (4) different colors - white and three (3) gray tones.  Additional architectural features of the building include formliners, wall panel reveals, metal eyebrow accents, and glazing.

 

Parking

Parcel 1 will have 50 passenger vehicle parking spaces, including three (3) ADA accessible parking spaces, Parcel 2 will have 32 passenger vehicle parking spaces, including three (3) ADA accessible parking spaces, and Parcel 3 will have 215 passenger vehicle parking spaces, including six (6) ADA accessible parking spaces.  These quantities meet or exceed the minimum parking requirement as shown in the parking calculation charts below and as required by Chapter 18.58 (Off-Street Parking) of the Rialto Municipal Code:

 

Parcel 1:

 

Type of Use

Floor Area (square feet)

Parking Ratio

Number of spaces required

 

 

 

 

Restaurant  Drive-Thru Credit

3,915  N/A

1 / 75  -3 per DT

53  -3

 

 

 

 

Total Required/Total Provided

 

 

50/50

 

Parcel 2:

 

Type of Use

Floor Area (square feet)

Parking Ratio

Number of spaces required

 

 

 

 

Convenience Market

3,700

1 / 250

15

 

 

 

 

Total Required/Total Provided

 

 

15/32

 

Parcel 3:

 

Type of Use

Floor Area (square feet)

Parking Ratio

Number of spaces required

 

 

 

 

Office     Ground floor    Above ground floor  Warehouse

  5,000 5,000

  1 / 250 1 / 250

  20 20

 

 

 

 

   Floor area up to 10,000 square feet    Floor area 10,001 square feet or more

10,000 204,566

1 / 1,000 1 / 2,000

10 103

 

 

 

 

Total Required/Total Provided

 

 

153/215

 

Landscaping

The landscape coverage for the entire project is 15.8 percent.  More specifically, the landscape coverage is 30.9 percent for Parcel 1, 21.8 percent for Parcel 2, and 13.5 percent for Parcel 3, all of which exceed the minimum required amount of 10.0 percent.  This includes a twenty-five (25) foot landscape setback along Pepper Avenue and planters around the perimeter of the buildings and the project site.  All the landscape planters will feature a variety of trees spaced every thirty (30) linear feet and an abundant number of shrubs and groundcover (Exhibit I).

 

Operations

The vehicle fuel station, convenience market, and car wash will operate twenty-four (24) hours a day, seven (7) days a week.  No tenant has been identified yet.  However, the convenience market will offer typical convenience-type merchandise, such as snacks, drinks, cigarettes, lottery, etc.

 

Off-Sale of Beer and Wine

In addition to the sale of typical convenience-type merchandise, the convenience market will also sell alcoholic beverages for off-site consumption.  Specifically, the applicant will seek to obtain a Type 21 license from the California Department of Alcoholic Beverage Control (ABC) for the sale of beer, wine, and distilled spirits.  Section 18.110.050 of the Rialto Municipal Code provides separation criteria between establishments that engage in the off-sale of alcohol, and sensitive uses, such as churches, schools, etc.  Measurements are obtained by measuring the distance from any point upon the outside wall of the location in question to the nearest developed portion of the convenience market property.  The proposed location of the convenience market, in which beer and wine will be available for sale, exceeds the minimum separation criteria as shown in the chart below and as required by Section 18.110.050 of the Rialto Municipal Code:

 

 

Separation from…

Requirement

Proposed

Meets Code

Schools (Frisbie Middle School)

Min. 1,000 ft.

2,430+/- ft.

Yes

Churches/Parks (Frisbie Park)

Min. 500 ft.

1,350+/- ft.

Yes

Residential Areas

Min. 100 ft.

1,450+/- ft.

Yes

 

Crime Prevention Plan

In accordance with Section 18.106.050A(1) of the Rialto Municipal Code, the applicant submitted a Crime Prevention Plan (Exhibit J) that details safety measures designed to increase employee and customer safety and minimize criminal activity within the convenience market.  Safety measures contained within the Crime Prevention Plan include the installation of security lighting at a minimum of 1.5 foot-candles around the entire building, the installation of burglary and robbery alarms, and surveillance cameras.  Sergeant Jonathan Palmer with the Rialto Police Department reviewed and endorsed the prevention measures contained within the applicant’s Crime Prevention Plan and concluded that, if properly implemented and sustained, these safety measures will minimize crime and nuisance activities that may otherwise be associated with the convenience market.

 

Traffic

EPD Solutions, Inc. prepared a Traffic Impact Analysis (TIA), dated January 2, 2024, to assess the project’s potential impacts to local streets and intersections (Exhibit K).  The TIA estimates that the project will generate approximately 3,487 daily vehicle trips (3,749 PCE daily vehicle trips) with 307 trips in the AM peak hour and 275 trips in the PM peak hour.  Trucks will constitute a maximum of 155 of the 3,487 new daily vehicle trips.

 

The TIA analyzed the following 7 intersections in the project vicinity:

 

 

The TIA concluded that all seven (7) of the intersections will operate an acceptable level of service when existing plus ambient and project generated traffic volumes are combined with cumulative growth without any mitigation.  Despite this, the applicant will still be responsible for a fair share payment in the amount of $365,642 for future roadway and intersection improvements along Pepper Avenue, as required by the Pepper Avenue Specific Plan Subsequent Environmental Impact Report.

 

Voluntary Contribution

In conjunction with the development of the proposed industrial warehouse building, the applicant proposes to voluntarily provide a one-time monetary contribution to the City of Rialto in the amount of $1,000,000 towards public safety and public facility needs.  The voluntary contribution will be paid prior to the issuance of a Certificate of Occupancy.

 

Land Use Compatibility

The project is consistent with the Pepper Avenue Specific Plan, the regulations contained within Chapter 18.112 (Indoor Storage Uses) of the Rialto Municipal Code, and the surrounding uses.  Additionally, the Draft Resolutions of Approval contain conditions of approval requiring that traffic generated by the proposed industrial warehouse building not exceed the traffic estimates contained within the TIA, thereby ensuring that the project will not significantly impact local streets and intersections.  The project will be a benefit to the community and an improvement to the surrounding area.

 

GENERAL PLAN CONSISTENCY:

 

The General Plan land use designation of the site is Specific Plan with a Specific Plan Overlay.  This designation requires the underlying Specific Plan to establish distinct land use designations within the Specific Plan itself.  Figure 1-3 (Land Use Plan) of the Pepper Avenue Specific Plan indicates that the land use designation for the project site is Community Commercial (CC) on the Planning Area 1 portion and Light Industrial (LI) on the Planning Area 10 portion.  According to Table 5-2 (Permitted Uses) of the Pepper Avenue Specific Plan, the uses proposed by the project for Planning Areas 1 & 10 are consistent with the underlying land use designations.  Furthermore, the project is 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.

 

ENVIRONMENTAL IMPACT:

 

California Environmental Quality Act

The applicant engaged EPD Solutions, Inc. to prepare an Addendum to the Pepper Avenue Specific Plan Amendment and Industrial Development Project Subsequent Environmental Impact Report (EIR Addendum), in accordance with the provisions of the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and the rules, regulations, and procedures for implementing CEQA as set forth by the City of Rialto.  Section 15164(a) of the State CEQA Guidelines states that “the lead agency or a responsible agency shall prepare an addendum to a previously certified EIR if some changes or additions are necessary but none of the conditions described in Section 15162 calling for preparation of a subsequent EIR have occurred.”

 

The purpose of the EIR Addendum is to analyze any potential differences between the impacts identified in the Pepper Avenue Specific Plan Amendment and Industrial Development Project Subsequent Environmental Impact Report (SEIR) and those that would be associated with the proposed Project.  Pursuant to provisions of CEQA and State CEQA Guidelines, the City is the Lead Agency charged with the responsibility of deciding whether to approve development on the Project site.  As detailed in the EIR Addendum, the proposed Project would result in no new significant impacts that were not analyzed in the SEIR, nor would the proposed Project cause a substantial increase in the severity of any previously identified environmental impacts.  The potential impacts associated with proposed Project would either be the same or less than those described in the SEIR.  In addition, there are no substantial changes to the circumstances under which the proposed Project would be undertaken that would result in new or more severe environmental impacts than previously addressed in the SEIR, nor has any new information regarding the potential for new or more severe significant environmental impacts been identified.  The EIR Addendum is attached to the agenda report as Exhibit L.

 

PUBLIC NOTICE:

 

The City published a public hearing notice for proposed project in the San Bernardino Sun newspaper, posted copies of the public hearing notice outside the Council Chambers and the City Clerk’s Office, and mailed public hearing notices to all property owners within 1,000 feet of the project site, as required by State law.

 

RECOMMENDATION:

 

The Planning Division recommends that the Planning Commission:                      

 

1.                     Adopt the attached Resolution (Exhibit M) to approve the Addendum to the Pepper Avenue Specific Plan Amendment and Industrial Development Project Subsequent Environmental Impact Report (Environmental Assessment Review No. 2023-0048); and,

 

2.                     Adopt the attached Resolution (Exhibit N) to approve Tentative Parcel Map No. 2023-0005, subject to the findings and conditions therein; and

 

3.                     Adopt the attached Resolution (Exhibit O) to approve Conditional Development Permit No. 2022-0015, subject to the findings and conditions therein; and

 

4.                     Adopt the attached Resolution (Exhibit P) to approve Conditional Development Permit No. 2023-0026, subject to the findings and conditions therein; and

 

5.                     Adopt the attached Resolution (Exhibit Q) to approve Conditional Development Permit No. 2023-0027, subject to the findings and conditions therein; and

 

6.                     Adopt the attached Resolution (Exhibit R) to approve Conditional Development Permit No. 2023-0028, subject to the findings and conditions therein; and

 

7.                     Adopt the attached Resolution (Exhibit S) to approve Conditional Development Permit No. 2023-0029, subject to the findings and conditions therein; and

 

8.                     Adopt the attached Resolution (Exhibit T) to approve Conditional Development Permit No. 2023-0031, subject to the findings and conditions therein; and

 

9.                     Adopt the attached Resolution (Exhibit U) to approve Precise Plan of Design No. 2022-0017, subject to the findings and conditions therein.