For City Council Meeting September 24, 2024
TO: Honorable Mayor and City Council
APPROVAL: G. Michael Milhiser, Interim City Manager
FROM: Colby Cataldi, Director of Community Development
Title
Request City Council to Conduct the Continued Public Hearing from the September 24, 2024 City Council Meeting to consider the Adoption of 1) Resolution No. 8296 denying the Appeal of the Planning Commission’s decision to approve an Addendum to the Environmental Impact Report for the Rialto Airport Specific Plan (Environmental Assessment Review No. 2023-0022), Tentative Parcel Map No. 2023-0001, Conditional Development Permit No. 2023-0011, and Precise Plan of Design No. 2023-0018, for the development and use of a 225,173 square foot industrial warehouse building on 11.19 net acres of land (APN: 0239-301-39, -40, -51, -55, -56, & -64) located at the southeast corner of Locust Avenue and West Coast Boulevard within the Planned Industrial Development (I-PID) land use district of the Rialto Airport Specific Plan.
(ACTION)
Body
RECOMMENDATION:
Staff recommends that the City Council:
1. Conduct a Public Hearing for the Appeal, in accordance with the Appeal process provided in Section 18.68.050 of the Rialto Municipal Code; and
2. Adopt the attached Resolution No. 8296 (Exhibit A) denying the appeal and upholding the Planning Commission’s decision on August 7, 2024, to approve an Addendum to the Environmental Impact Report for the Rialto Airport Specific Plan (Environmental Assessment Review No. 2023-0022), Tentative Parcel Map No. 2023-0001, Conditional Development Permit No. 2023-0011, and Precise Plan of Design No. 2023-0018.
APPELLANT:
Center for Community Action and Environmental Justice, P.O. Box 33124, Jurupa Valley, CA 92579
PROJECT APPLICANT:
Rialto Springs, LLC, 13116 Imperial Highway, Santa Fe Springs, CA 90670
PROJECT LOCATION:
The project site consists of six (6) parcels of land (APN’s: 0239-301-39, -40, -51, -55, -56, & -64) located at the southeast corner of Locust Avenue and West Coast Boulevard (Refer to the attached Location Map (Exhibit B)).
PROJECT BACKGROUND:
Surrounding General Plan Land Use Designations
|
Location |
General Plan Designation |
|
Site |
Light Industrial with a Specific Plan Overlay (Rialto Airport SP) |
|
North |
Light Industrial with a Specific Plan Overlay (Rialto Airport SP) |
|
East |
Residential 6 |
|
South |
Light Industrial with a Specific Plan Overlay (Rialto Airport SP) |
|
West |
Business Park with a Specific Plan Overlay (Rialto Airport SP) |
Surrounding Zoning Designations
|
Location |
Zoning or Specific Plan Land Use Designation |
|
Site |
Rialto Airport Specific Plan (Planned Industrial Development (I-PID)) |
|
North |
Rialto Airport Specific Plan (Planned Industrial Development (I-PID)) |
|
East |
Single-Family Residential (R-1B) |
|
South |
Rialto Airport Specific Plan (Planned Industrial Development (I-PID)) |
|
West |
Rialto Airport Specific Plan (Planned Industrial Development (I-PID)) |
Site Characteristics
The project site is a relatively flat and asymmetrical-shaped area of land totaling approximately 12.01 gross acres in size with approximate dimensions of 740 feet (north-south) by 690 feet (east-west). The project site is bound on the north by an undeveloped segment of West Coast Boulevard and on the west by an existing segment of Locust Avenue. The south two-thirds of the project site was previously developed into a contractor’s storage yard. The remainder of the site consists of vacant land that previously contained at least two (2) single-family residences that have since been demolished.
Surrounding Area
To the north and east of the project site are existing single-family residences, to the south is an existing contractor’s storage yard, and to the west is a partially developed storage yard, occupied by Pyro Spectaculars.
PROJECT ANALYSIS/DISCUSSION:
Project Proposal
The applicant, Rialto Springs, LLC, proposes to consolidate six (6) parcels of land into one (1) 11.19 net acre parcel and construct a 225,173 square foot industrial warehouse building with associated on-site and off-site improvements. The building is designed to accommodate various storage and distribution uses.
Entitlement Requirements
The following entitlements were approved by the Planning Commission on August 7, 2024:
• Tentative Parcel Map: Per Section 17.16.040 of the Rialto Municipal Code, the proposed consolidation of land requires the approval of a Tentative Parcel Map.
• Conditional Development Permit: The development and operation of an industrial warehouse use within the Planned Industrial Development (I-PID) land use district of the Rialto Airport Specific Plan requires the approval of a Conditional Development Permit.
• Precise Plan of Design: The design of the development and the related site improvements (e.g. building exterior, landscaping, etc.) requires the approval of a Precise Plan of Design.
Parcel Map
As shown on the tentative parcel map (Exhibit C), the applicant proposes to consolidate six (6) parcels of land into one (1) 11.19 net acre parcel of land. Street dedication along the project site frontage of West Coast Boulevard will reduce the size of the project site from 12.01 gross acres to 11.19 net acres. The size of the proposed parcel greatly exceeds the minimum parcel size of 0.50 acres required by Table 9 (Development Standards Non-Residential Designations) of the Rialto Airport Specific Plan.
Site Design
As shown on the site plan (Exhibit D), the applicant proposes to construct a new 225,173 square foot warehouse building in the center of the project site. The proposed layout includes a truck court on the west side of the building that faces away from the existing single-family residences to the north and east. The layout also includes passenger vehicle parking areas along the east and south sides of the building. The truck court will accommodate a maximum of 87 trucks and trailers, and the passenger vehicle parking areas will provide spaces for up to 153 passenger vehicles. The proposed warehouse building will setback 108 feet from the existing single-family residences to the north and separated from the single-family residences to the east by a range of 86 feet to 101 feet.
Additional on-site improvements will 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. Off-site improvements will include new curb, gutter, sidewalk, street paving, and the undergrounding of overhead utilities along the frontages of Locust Avenue and West Coast Boulevard.
Access
Two (2) driveways are proposed along Locust Avenue for access to the site that include a forty-five (45) foot wide driveway on the north end of the Locust Avenue for trucks only and a forty-seven (47) foot wide driveway on the south end of the Locust Avenue frontage will provide full access for trucks and passenger vehicles. One (1) additional 26-foot driveway is proposed to be connected to West Coast Boulevard for passenger vehicle access only.
Floor Plan
The floor plan for the proposed building (Exhibit E) indicates that the building will consist of 215,173 square feet of warehouse space and 10,000 square feet of office space. The office space will potentially occupy the northeast and/or southwest corners of the building, with 5,000 square feet on the ground floor and an additional 5,000 square feet on a second-floor mezzanine. The west side of the building will have up to 31 dock high loading doors and two (2) grade level roll-up doors.
Architectural Design
The proposed 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 F), the height of the building will range from 40 feet to 44.5 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 - four white and gray tones. Additional architectural features of the building include limestone accents, wall panel reveals, metal eyebrow accents, and glazing.
Parking
The development will have 153 auto-parking spaces, including nine (9) ADA accessible parking spaces. This quantity exceeds the minimum parking requirement as shown in the parking calculation chart below and as required by Chapter 18.58 (Off-Street Parking) of the Rialto Municipal Code:
|
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 / 500 |
20 10 |
|
|
|
|
|
|
Floor area up to 10,000 square feet Floor area 10,001 square feet or more |
10,000 205,173 |
1 / 1,000 1 / 2,000 |
10 103 |
|
|
|
|
|
|
Total Required/Total Provided |
|
|
143/153 |
Landscaping
The landscape coverage for the project is 16.3 percent, which exceeds the minimum required amount of 10.0 percent. This includes a twenty-five (25) foot landscape setback along Locust Avenue, a forty-four (44) foot landscape setback along West Coast Boulevard, and planters around the perimeter of the building 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 G).
Traffic
Kimley-Horn and Associates, Inc. prepared a Traffic Study (TS), dated May 2024, to assess the project’s potential impacts to local streets and intersections (Exhibit H). The TS estimates that the project will generate approximately 391 daily vehicle trips (655 PCE daily vehicle trips) with 39 trips in the AM peak hour and 41 trips in the PM peak hour. Trucks will constitute a maximum of 156 of the 391 new daily vehicle trips.
The TS analyzed the following 6 intersections in the project vicinity:
Two (2) of the intersections operate at an unacceptable level of service under existing conditions and are anticipated to continue to operate at an unacceptable level of service when the existing plus ambient and project generated traffic volumes are combined with cumulative growth without any mitigation. The specific intersections are (1) Locust Avenue & Casa Grande Drive and (2) Locust Avenue & West Coast Boulevard. The deficiencies to these intersections do not occur on Locust Avenue be rather they occur from vehicles queuing on the side streets waiting to turn onto Locust Avenue. The TS determined that a traffic signal warrant is met at the intersection of Locust Avenue and Casa Grande Drive, but the TS concluded that the traffic signal warrant is not met for the intersection of Locust Avenue and West Coast Boulevard.
The City’s Traffic Impact Analysis Guidelines and Requirements and the project TS conclude that the payment of “fair share” fees constitutes adequate mitigation to address the intersection deficiencies. The applicant will be responsible for a fair share payment toward the new traffic signal at the intersection of Locust Avenue and Casa Grande Drive. The fair share fees are calculated based upon the project’s anticipated portion of traffic generated at each of the affected intersections. Specifically, the applicant is responsible for 12.2% of the cost for a traffic signal at the intersection of Locust Avenue and Casa Grande Drive.
Voluntary Community Benefits
In conjunction with the development of the proposed industrial warehouse building, the applicant proposes to voluntarily provide additional benefits to the City and the community at-large. The proposed benefits include the following:
1. The applicant will voluntarily construct the full width of West Coast Boulevard, including curbs, gutters, sidewalks, street paving, and parkway landscaping from Locust Avenue to the terminus of West Coast Boulevard on the east end of the project site.
2. The applicant will voluntarily repave the western half of Locust Avenue along the entire project frontage.
3. The applicant will voluntarily relocate and replace private property improvements, including items such as fences, mailboxes, landscaping, etc., to the lots along the north side of the proposed segment of West Coast Boulevard
4. The applicant will voluntarily contribute an addition $150,000 towards the installation of a traffic signal at the intersection of Locust Avenue and Casa Grande Drive. The total contribution between the required fair-share and the voluntary contribution will be $241,500.
All voluntary monetary contributions will be paid prior to the issuance of any building permit, and all voluntary construction benefits will be completed prior to the issuance of a Certificate of Occupancy.
Land Use Compatibility
The project is consistent with the Planned Industrial Development (I-PID) land use district of the Rialto Airport Specific Plan, the regulations contained within Chapter 18.112 (Indoor Storage Uses) of the Rialto Municipal Code, and the industrial uses to the south and west of the project site. The nearest sensitive uses are the existing single-family residences located to the north and east of the project site. The development and operation of the proposed industrial warehouse building will not significantly impact these uses since measures, such as the placement of the truck court on the west side of the building, the installation of solid screen walls around the truck court, and the installation of landscape planters around the perimeter of the building and the project site will reduce both noise and visual impacts to acceptable levels. Additionally, the Draft Resolutions of Approval contain conditions of approval requiring that the project not exceed the traffic estimates contained within the TS, 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.
ENVIRONMENTAL IMPACT:
California Environmental Quality Act
The applicant engaged Kimley-Horn and Associates, Inc. to prepare an Addendum to the Environmental Impact Report for the Rialto Airport Specific Plan (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 Rialto Airport Specific Plan Environmental Impact Report (RASP EIR) 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 RASP EIR, 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 RASP EIR. 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 RASP EIR, 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 I.
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. Exhibit 8 (Land Use Plan) of the Rialto Airport Specific Plan indicates that the land use designation for the project site is Planned Industrial Development (I-PID). According to Section 3.3.4 of the Rialto Airport Specific Plan, the I-PID designation is intended to facilitate light industrial uses, including warehousing and manufacturing uses. As a result, the project is consistent with the I-PID designation. 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.
PLANNING COMMISSION ACTION:
As previously mentioned, on August 7, 2024, the Planning Commission voted 3-1 (1 abstention and 2 vacancies) to adopt Resolutions approving an Addendum to the Environmental Impact Report for the Rialto Airport Specific Plan (Environmental Assessment Review No. 2023-0022), Tentative Parcel Map No. 2023-0001, Conditional Development Permit No. 2023-0011, and Precise Plan of Design No. 2023-0018. Copies of the Planning Commission Resolutions are attached as Exhibit J.
APPEAL:
On August 21, 2024, Ana Gonzalez, Executive Director at the Center for Community Action and Environmental Justice, filed an Appeal Form with the City Clerk’s office, in accordance with Chapter 18.68 (Appeals) of the Rialto Municipal Code. A copy of the Appeal Form is attached as Exhibit K. The appellant seeks to have the City Council consider the project and overturn the Planning Commission’s decision.
The appellant’s Appeal Form discussed concerns with several components of the project, including the environmental analysis, community outreach/public noticing, land use compatibility, truck routes, and community benefits. Responses to the concerns documented in the Appeal Form are as follows:
Environmental Analysis
The Appellant asserts that project cannot rely on the RASP EIR for the Addendum because the RASP EIR was approved “nearly three decades ago” and therefore does not account for the various changes to the community during in that timespan. For purposes of CEQA, the age of the underlying EIR is irrelevant so long as the nature and scope of the proposed project was of the type analyzed in the underlying EIR and the project would not result in new or more severe environmental impacts that were previously analyzed. Case law, including Federation of Hillside & Canyon Assns. V. City of Los Angeles, has confirmed this. Furthermore, the Appellant did not provide any specific supporting evidence for its claim that the RASP EIR is outdated and inadequate to serve as the underlying environmental document for the Project’s Addendum.
Community Outreach/Public Noticing
The Appellant argues that the extent of community outreach and advance public notice of the Planning Commission meeting was inadequate. Furthermore, the Appellant claims that the public notices were received with less than 10 days’ notice.
Contrary to the Appellant’s argument, the applicant conducted their own community outreach by sending their own mailers with details of the project - in both English and Spanish - to all residences within a 1,000-foot radius of the project site over the course of multiple dates, including October 12, 2023, July 1, 2024, and July 2, 2024. Additionally, the applicant hired a public relations consultant, Maria Kennedy of Kennedy Communications, to assist in performing additional door-to-door outreach to the immediate neighbors of the project, which took place on December 16, 2023, January 27, 2024, and from July 30, 2024 to August 6, 2024. Furthermore, the Planning Division mailed out public hearing notices to all property owners within 1,000 feet of the project site on July 3, 2024, fourteen (14) days in advance of the July 17, 2024 Planning Commission meeting. The public hearing notice from the Planning Division included instructions in Spanish and informed the public of the project description and their ability to speak publicly and make their concerns known to City staff and the Planning Commission. Residents were then provided an additional opportunity to speak about the project for a second time at the August 7, 2024 Planning Commission meeting. It should also be noted, one (1) resident that attended the Planning Commission meetings thanked the City for providing what they considered to be the most “extensive and best community outreach of any project that they could recall being processed by the City”.
Additionally, on Thursday September 12th, 2024, City staff met with eight (8) residents and concerned community members to hear concerns and answer questions related to the project. The meeting lasted for two (2) hours and staff provided additional clarity to the interested and concerned community.
Land Use Compatibility
In the submitted appeal, the Appellant stated that the type of project proposed is not appropriate for the location due to the impacts it will have on its neighbors. Additionally, the Appellant claims that the applicable development standards for the project are over three decades old and are outdated.
Contrary to the Appellant’s assertions in the Appeal Form, the project site is within the Planned Industrial Development (I-PID) land use district of the Rialto Airport Specific Plan, and warehouse developments, such as the project, are consistent with the vision and intent of the I-PID land use district. Furthermore, the Appeal Form omits that the project site is mostly developed with an existing industrial outdoor storage yard use where trucks currently have the potential to drive within 15 feet of the existing residences to the east, and that the project would remove the outdoor storage use and redevelop the site with an indoor storage warehouse building that would eliminate all truck activities directly adjacent to the residences to the east.
In January 2021, the City Council adopted Ordinance No. 1653 establishing Chapter 18.112 (Indoor Storage Uses) of the Rialto Municipal Code. In doing so, the City Council adopted a new set of development standards for all new warehouse developments within the City of Rialto, including within the I-PID land use district. The development standards were created primarily to lessen impacts from warehouse developments. Such development standards include, but are not limited to, increased building setbacks compared to other uses, placing truck courts away from sensitive uses, larger landscape buffers, greater screening of truck courts, and specified truck movements to and from the site. The development standards applied to the project are from within the last three (3) years and not three (3) decades ago as stated in the Appeal Form, and the project meets and/or exceeds all of the required development standards.
Truck Routes
The Appellant requests that all truck traffic from the project during construction and operations be limited to using Locust Avenue and not enter the residential community to the east via West Coast Boulevard and Maple Avenue. Additionally, the Appellant requests that the driveway connected to West Coast Boulevard be designed using a short curb return radii to make it impossible for trucks to use.
Condition of Approval Nos. 7 & 8 of Conditional Development Permit No. 2023-0011 specify the required routes for inbound and outbound trucks from the project. Consistent with the Appellant’s request, the required routes prohibit the use of West Coast Boulevard and Maple Avenue and require that all trucks use Locust Avenue, which is a designated Truck Route. Additionally, the driveway connected to West Coast Boulevard has been designed with a narrower 26-foot width and a smaller curb return radius to prevent truck access.
Project Community Benefits
Though not discussed in detail, the Appellant noted “No CBA’s” on the first page of the Appeal Form, asserting that the project does not provide sufficient community benefits and is not subject to a formal Community Benefit Agreement (CBA). As a matter of policy, the City of Rialto does not mandate applicants to enter a formal CBA, but rather will encourage applicants to voluntarily provide additional community benefits without a formal CBA. As detailed in the staff reports and presentations provided at the Planning Commission meetings on July 17, 2024 and August 7, 2024, the applicant has voluntarily committed to provide the following benefits to the community:
• Pave the full width of Locust Avenue along the entire project frontage.
• Construct the full width of West Coast Boulevard along the entire project frontage, including street pavement, curbs, gutters, sidewalks, storm drains, street lights, and landscaping on both sides of street as well as installing new residential fencing and mailboxes.
• Underground overhead utility lines to enhance power reliability and safety.
• Create approximately 150 construction and 100 new permanent jobs available to City residents
• Provide an investment of over $38 million towards area improvements.
• Provide more than $1.3 million in development impact fees to support Police, Fire and improvements to City infrastructure (medians, open space, storm drains, etc.)
• Provide a total contribution of $241,000 towards construction of the Locust / Casa Grande traffic signal, including a fair share contribution of $91,000 plus a voluntary contribution of $150,000.
• Provide annual funding of more than $175,000 to the South Coast Air Quality Management District towards future clean air projects (SCAQMD Rule 2305)
Conclusion
As stated herein, and as documented in the Planning Commission Resolutions and the Project’s Addendum, the project is consistent with each of the findings required by Section 17.16.070, Section 18.66.020, and Section 18.65.020E of the Rialto Municipal Code. The Planning Division concurs with the Planning Commission’s previous decision to approve the Project and recommends that the City Council uphold the Planning Commission’s decision.
LEGAL REVIEW:
The City Attorney has reviewed and approved the staff report and the attached resolutions.
FINANCIAL IMPACT:
Operating Budget Impact
If the Planning Commission’s decision to approve the project is overturned, no revenue will be generated from the project and no impact will occur to the General Fund. If the Planning Commission’s decision to approve the project is upheld, the project will generate annual recurring revenues to the General Fund in the form of increased property tax, business license taxes, and utility taxes.
Capital Improvement Budget Impact
No City funds will be used to construct the project. In the event the Planning Commission’s decision to approve the project is upheld, 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 would need to pay plan check, permit, development impact fees, and traffic “fair-share” fees to the City.
Business License
Prior to any construction, the applicant would be responsible to submit a contractors list to the Business License Division, and each contractor listed would need to obtain a business license. Subsequently, the owner and tenant(s) would need to obtain separate business licenses for the leasing and use of the building.