For City Council Meeting [June 13, 2023]
TO: Honorable Mayor and City Council
APPROVAL: Arron Brown, Acting City Manager
FROM: Colby Cataldi, Community Development Director
Title
Request City Council to (1) Adopt Resolution No. 8098 approving Specific Plan Amendment No. 2020-0002, a request to amend the Pepper Avenue Specific Plan to allow a new “Light Industrial” land use designation and development standards, divide Planning Area 1 into two (2) Planning Areas - Planning Area 1 (2.63 acres) and Planning Area 10 (11.64 acres), change the land use designations of Planning Areas 2, 3, and 10 from Community Commercial to Light Industrial, add various traffic circulation improvements, and textual and graphical amendments, (2) Adopt Resolution No. 8099 approving Conditional Development Permit No. 2020-0008, a request to allow the development and use of a 470,000 square foot industrial warehouse building on approximately 23.82 acres of land within Planning Areas 2 & 3 of the Pepper Avenue Specific Plan, (3) Adopt Resolution No. 8100 approving Precise Plan of Design No. 2020-0014, a request for site and architectural review for a proposed 470,000 square foot industrial warehouse building on approximately 23.82 acres of land within Planning Areas 2 & 3 of the Pepper Avenue Specific Plan, (4) Adopt Resolution No. 8101 certifying a Subsequent Environmental Impact Report (Environmental Assessment Review No. 2020-0010) prepared for the project, in accordance with the California Environmental Quality Act (CEQA)., and (5) Adopt Resolution No. 8102 authorizing the Acting City Manager to Execute a Community Benefits Agreement with Howard Industrial Partners, LLC.
(ACTION)
Body
APPLICANT:
Howard Industrial Partners, Inc., 2244 N. Pacific Street, Orange, CA 92865.
BACKGROUND:
Specific Plan Amendment No. 2020-0002, Conditional Development Permit No. 2020-0008, Precise Plan of Design No. 2020-0014, and Environmental Assessment Review No. 2020-0010 shall hereinafter be referred to as “Project” or “project”.
On April 25, 2023, at a regularly scheduled City Council meeting, the City Council opened the public hearing for the Project, staff provided a presentation, and the City Council took testimony from the applicant and the public. After discussion, the City Council closed the public hearing and voted 3-2 to direct the Planning Division staff to prepare Resolutions of Approval for the Project and a Resolution of Approval for a Community Benefit Agreement proposed by the applicant.
The staff report from the April 25, 2023, City Council meeting and the Project plans are attached as Exhibit A for reference.
Community Benefit Agreement
In conjunction with the Project, the applicant proposes to voluntarily enter into a Community Benefit Agreement with the City of Rialto to provide additional benefits to the City and community at-large. The proposed benefits include the following:
1. A voluntary one-time monetary contribution of $5,000,000 to the Rialto Unified School District for the specific purpose of funding programs and the infrastructure needs of the district. Paid in full upon Building Permit Issuance.
2. A voluntary one-time monetary contribution of $1,000,000 to the National Latina Business Women Association Inland Empire Institute (NLBWA-IE; a regional 501 (c)(3) nonprofit organization) to support the success of locally based Inland Empire Latina & Women of Color Entrepreneurs and Small Business owners by providing technical assistance and training programs. Paid in full upon Building Permit Issuance.
3. A voluntary one-time monetary contribution to the City of Rialto Police Department in the amount of $2,500,000 towards Commercial Enforcement Officer staffing requirements. Paid in full upon Building Permit issuance.
4. A voluntary one-time monetary contribution to the City of Rialto Police Department in the amount of $2,500,000 to be used towards the construction of a new police station in the City of Rialto. Paid in full upon Building Permit issuance.
5. Voluntarily execution of three (3) Project Labor Agreements for labor during construction of the project.
6. Applicant will donate 0.26 acres of land for the to-be-built sewer lift station at the southeast corner of the project site which will be donated to the City of Rialto providing a sewer connection for the entire Specific Plan area. Applicant will fund and install a sewer lift station in the Pepper Avenue Specific Plan area prior to Certificate of Occupancy. A Reimbursement Agreement would be entered into for the City to collect fair-share costs from the other Pepper developers and then reimburse the Applicant that installed the sewer lift station the costs outside of their own fair-share.
7. Applicant will fund $375,000 to construct a Traffic Signal on Pepper Ave to serve the Specific Plan area subject to fair share reimbursement by other landowners in the Specific Plan to help regulate regional traffic.
8. The applicant will hold a job fair in Rialto for staffing needs.
It should be noted, the benefits presented to the City Council on April 25, 2023, included $5,000,000 to help fund a new charter high school in Rialto with an emphasis on entrepreneurship. The applicant has since replaced this benefit with a $5,000,000 contribution to the Rialto Unified School District for the purpose of funding the District’s program and infrastructure needs.
LEGAL REVIEW:
The City Attorney has reviewed and approved the staff report and the attached resolutions.
RECOMMENDATION:
Staff recommends that the City Council consider the Resolutions prepared for the Project, consider the Community Benefit Agreement, consider the Resolution prepared for the Community Benefit Agreement, and:
1. Adopt the attached Resolution (Exhibit B) certifying the Final Environmental Impact Report (Environmental Assessment Review No. 2020-0010) prepared for the project, adopting a Statement of Overriding Considerations, and authorizing staff to file a Notice of Determination with the Clerk of the Board of San Bernardino County; and
2. Adopt the attached Resolution (Exhibit C) approving Specific Plan Amendment No. 2020-0002 to amend the Pepper Avenue Specific Plan to allow a new “Light Industrial” land use designation and development standards, divide Planning Area 1 into two (2) Planning Areas - Planning Area 1 (2.63 acres) and Planning Area 10 (11.64 acres), change the land use designations of Planning Areas 2, 3, and 10 from Community Commercial to Light Industrial, add various traffic circulation improvements, and textual and graphical amendments, subject to the findings and conditions therein; and
3. Adopt the attached Resolution (Exhibit D) to approve Conditional Development Permit No. 2020-0008 and allow the development and operation of a 470,000 square foot industrial warehouse building on approximately 23.82 gross acres of land (APN’s: 0264-201-29 & 0264-201-30), subject to the findings and conditions therein; and
4. Adopt the attached Resolution (Exhibit E) to approve Precise Plan of Design No. 2020-0014 and allow the development of a 470,000 square foot industrial warehouse building on approximately 23.82 gross acres of land (APN’s: 0264-201-29 & 0264-201-30), subject to the findings and conditions therein; and
5. Adopt the attached Resolution (Exhibit F) Authorizing the Acting City Manager to Execute a Community Benefits Agreement with Howard Industrial Partners, LLC for the Pepper Avenue Specific Plan Amendment and Industrial Development Project (Master Case No. 2020-0014).