For City Council Meeting of May 14, 2024
TO: Honorable Mayor and City Council
APPROVAL: Tanya Williams, Acting City Manager
FROM: Colby Cataldi, Community Development Director
Title
Request City Council to Conduct a Public Hearing to consider Adoption of 1) Resolution No. 8212 approving General Plan Amendment No. 2019-0006, a request to change the general plan land use designation of approximately 1.55 acres of land (APN: 0132-021-18) located at the southeast corner of Randall Avenue and Lilac Avenue ("Site") from Residential 2 with an Animal Overlay to Community Commercial (CC),
2) Ordinance No. 1694 approving Zone Change No. 2019-0004, entitled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RIALTO, CALIFORNIA, APPROVING ZONE CHANGE NO. 2019-0004 TO CHANGE THE ZONING DESIGNATION OF APPROXIMATELY 1.55 ACRES OF LAND (APN: 0132-021-18) LOCATED AT THE SOUTHEAST CORNER OF RANDALL AVENUE AND LILAC AVENUE FROM AGRICULTURAL (A-1) TO NEIGHBORHOOD COMMERCIAL (C-1)" [Reading by title only and waiving full reading thereof] 3) Resolution No. 8213 approving Precise Plan of Design No. 2022-0019, a request to allow the development of one (1) 8,840 square foot multi-tenant commercial building and one (1) 9,966 square foot multi-tenant commercial building on the Site, and 4) Resolution No. 8214 adopting a Mitigated Negative Declaration (Environmental Assessment Review No. 2022-0020) prepared for the project, in accordance with the California Environmental Quality Act (CEQA).
(ACTION)
Body
RECOMMENDATION:
The Planning Division recommends that the City Council:
1. Adopt the attached Resolution (Exhibit N) adopting the Mitigated Negative Declaration (Environmental Assessment Review No. 2022-0020) prepared for the proposed project, and authorize staff to file the attached Notice of Determination with the Clerk of the Board of San Bernardino County; and
2. Adopt the attached Resolution (Exhibit O) approving General Plan Amendment No. 2019-0006 to change the general plan land use designation of approximately 1.55 acres of land (APN: 0132-021-18), detailed in the legal description attached as (Exhibit P), from Residential 2 with an Animal Overlay to Community Commercial (CC), subject to the findings and conditions therein; and
3. Adopt the attached Ordinance (Exhibit Q) approving Zone Change No. 2019-0004 to change the zoning designation of approximately 1.55 acres of land (APN: 0132-021-18), detailed in the legal description attached as Exhibit P, from Agricultural (A-1) to Neighborhood Commercial (C-1), subject to the findings and conditions therein; and
4. Adopt the attached Resolution (Exhibit R) approving Precise Plan of Design No. 2022-0019 allowing the development of one (1) 8,840 square foot multi-tenant commercial building and one (1) 9,966 square foot multi-tenant commercial building on approximately 1.55 acres of land (APN: 0132-021-18), subject to the finding and conditions therein.
APPLICANT:
Gevork Consulting Engineering, 285 E. Imperial Highway, Suite 208, Fullerton, CA 93835
LOCATION:
The project site consists of one (1) parcel of land located at the southeast corner of Randall Avenue and Lilac Avenue (APN: 0132-021-18) (Refer to the attached Location Map (Exhibit A)).
BACKGROUND:
Surrounding General Plan Land Use Designations
Location
General Plan Designation
Site
Residential 2 (0.1 - 2.0 du/acre) with an Animal Overlay
North
Residential 2 (0.1 - 2.0 du/acre) with an Animal Overlay
East
Residential 2 (0.1 - 2.0 du/acre) with an Animal Overlay
South
Residential 2 (0.1 - 2.0 du/acre) with an Animal Overlay
West
Residential 30 (22.1 - 30.0 du/acre)
Surrounding Zoning Designations
Location
Zoning
Site
Agricultural (A-1)
North
Agricultural (A-1)
East
Agricultural (A-1)
South
Agricultural (A-1)
West
Multi-Family Residential (R-3)
Site Characteristics
The project site is a relatively flat, "L"-shaped, area of land approximately 1.55 acres in size. The project site contains an existing single-family residence on a mostly undeveloped site covered by natural grasses and shrubs.
Surrounding Area
The project site is bound by an existing segment of Randall Avenue to the north and an existing segment of Lilac Avenue to the west. To the north of the project site, across Randall Avenue, is approximately 0.34 acres of vacant land, to the east of the project site is approximately 3.43 acres of vacant land and an existing single-family residence, to the south is an existing single-family residence, and to the west across Lilac Avenue, is the existing 75-unit Telacu Rio Alto senior apartment complex.
ANALYSIS/DISCUSSION:
Project Proposal
The applicant, Gevork Consulting Engineering, requests approval to construct one (1) 8,840 square foot multi-tenant commercial building, one (1) 9,966 square foot multi-tenant commercial building, and associated on-site and off-site improvements including paving, landscaping, light, and drainage improvements on the project site. Each building has been designed to accommodate various commercial and office uses.
In conjunction with the proposed development, the applicant requests a change in the general plan land use designation of the project site from Residential 2 with an Animal Overlay to Community Commercial and a change in the zoning designation of the project site from Agricultural (A-1) to Neighborhood Commercial (C-1).
Site Design
As shown on the site plan (Exhibit B), the applicant proposes to construct an 8,840 square foot multi-tenant building at the northwest corner of the project site near the intersection of Randall Avenue and Lilac Avenue and a 9,966 square foot building on the south end of the project site near the Lilac Avenue frontage. The proposed layout includes passenger vehicle parking areas along the east side of both buildings and between the buildings. The parking area will accommodate parking for up to 94 passenger vehicles. The layout also includes block perimeter walls, an enlarged trash enclosure, concrete pathways, and landscape planters around the perimeter of the project site and throughout the parking areas.
Access
One (1) twenty-six (26) foot wide driveway on the east end of the Randall Avenue frontage will provide right-in/right-out access for passenger vehicles and a twenty-six (26) foot wide driveway on the south end of the Lilac Avenue frontage will provide full access for passenger vehicles.
Architectural Design
As shown on the elevations (Exhibit C), the applicant proposes a contemporary architectural style for each building. This includes vertical and horizontal wall plane articulation in the form of projected masses and height variations, tower elements, porcelain tile accents, trim lines, and neutral colors on all four (4) sides of each building. The exterior building height will range from 24 feet up to 30 feet at the top of the tower elements. Additional architectural features include a decorative cornice along all rooflines, reveals, and wall sconces.
Landscaping
The landscape coverage for the project is 17.7 percent, which exceeds the minimum required amount of 10.0 percent. This includes 12.5-foot landscape setbacks along Randall Avenue and Lilac Avenue, as well as 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 D).
General Plan Amendment & Zone Change
As mentioned previously, the project site has a general plan land use designation of Residential 2 with an Animal Overlay (R2/AO) and a zoning designation of Agricultural (A-1). The R2/AO land use designation and the A-1 zone currently do not permit the development and operation of commercial/office uses on the project site. To accommodate the project, the applicant filed a General Plan Amendment application to change the land use designation of the project site to Community Commercial (CC) and a Zone Change application to change the zoning designation of the project site to Neighborhood Commercial (C-1).
The CC land use designation and the C-1 zoning designation are logical designations given the project site's proximity to the signalized intersection of Lilac Avenue, Randall Avenue, and Bloomington Avenue. Additionally, prior to the development of the Telacu Rio Alto senior apartment complex located to the west of the project site, the Telacu Rio Alto site contained a zoning designation of Administrative Professional (A-P), which could have supported the establishment office and limited retail uses similar in nature to the applicant's proposal at the very same intersection.
Exhibits demonstrating the existing and proposed General Plan land use designations and the zoning designations of the project site are included to the staff report as Exhibits E & F.
Senate Bill 330 Consistency
On October 9, 2019, Governor Gavin Newsom signed Senate Bill 330 into law. One provision of Senate Bill 330 requires the City ensure there is no net loss of residential capacity within the City. The project would result in the removal of one (1) residential dwelling in the City. To maintain compliance with Senate Bill 330 the City must actively plan to accommodate at least one (1) additional residential dwelling elsewhere in the City beyond what would otherwise currently be allowed.
The Planning Division is currently processing General Plan Amendment No. 2023-0002, which involves a request to change general plan land use designation of approximately 4.17 acres of land located on the west side of River Ranch Parkway approximately 850 feet north of Highland Avenue from Residential 6 (2.1 - 6.0 du/acre) to Residential 21 (12.1 - 21.0 du/acre). This project would have the potential to accommodate up to 62 residential dwellings beyond what the Residential 6 designation currently allows. General Plan Amendment No. 2023-0002 will ensure that City maintains compliance with Senate Bill 330 despite the removal of the existing residential dwelling on the project site.
Economic Development Committee
The Economic Development Committee (EDC) reviewed the project on July 24, 2019. The EDC expressed general support for the project and directed staff and the applicant to conduct a neighborhood meeting to introduce the project to the surrounding community.
Neighborhood Meetings
On February 13, 2020, the Planning Division held a neighborhood meeting regarding the project. The meeting took place at Simpson Elementary School located at 1050 S. Lilac Avenue. Staff mailed flyers to all property owners within 300 feet of the project site. The flyer, attendance sheet, and comment cards received are included as Exhibit G. The main issues discussed centered on the installation of perimeter walls and security concerns. Staff confirmed that the applicant will install a new eight (8) foot high block wall around the perimeter of the project site and that the project will include the installation of security measures, such as, security lighting, surveillance cameras, and burglary alarms.
On February 29, 2024, the Planning Division held a second neighborhood meeting for the project. The meeting took place at Simpson Elementary School located at 1050 S. Lilac Avenue. Staff mailed flyers in English and Spanish to all property owners within 660 feet of the project site. The flyer, attendance sheet, and comment cards received are included as Exhibit H. The main issues discussed centered on the applicability of the zone change request, traffic generated by project, the installation of perimeter walls, and security concerns. Staff addressed the comments at the meeting with the following information:
1. Applicability of the Zone Change: The applicant's request consists of changing the zoning of his property from Agricultural (A-1) to Neighborhood Commercial. Some attendees expressed concerns about the applicant's request changing the zoning designation of their respective properties. The applicant's request does not involve changing the zoning designation of any other property.
2. Traffic generated by the Project: A Traffic Impact Analysis (TIA) was prepared for the project and discussed at the February 7, 2024, Planning Commission meeting. The TIA concluded that the project would generate approximately 715 daily vehicle trips at full occupancy and that all nearby intersections and roadway segments will operate at an acceptable Level of Service (LOS) C or better upon completion and occupancy of the project.
3. Installation of Perimeter Walls: The applicant will install a new block wall around the perimeter of the project site with a minimum height of six (6) feet as measured from the finished grade of the project site. Furthermore, each area of wall will be adjacent to a landscape planter planted with shrubs to restrict access to the walls.
4. Security Concerns: The project will include the installation of security measures, such as, security lighting, surveillance cameras, and burglary alarms.
ENVIRONMENTAL IMPACT:
California Environmental Quality Act
Lilburn Corporation, Inc. prepared an Initial Study (Environmental Assessment Review No. 2022-0020) for the project in accordance with the requirements of the California Environmental Quality Act (CEQA). The Initial Study is attached to the agenda report (Exhibit I). Based on the findings and recommended mitigation within the Draft Initial Study, staff determined that the project will not have an adverse impact on the environment and prepared a Mitigated Negative Declaration. Although the Mitigated Negative Declaration identified potential impacts related to biological resources, cultural resources, geology and soils, noise, and tribal cultural resources, any of these impacts will be reduced to a level of insignificance subject to the imposition of the recommended mitigation contained within the project's Mitigation Monitoring and Reporting Program (Exhibit J).
The Planning Division published a Notice of Intent to adopt the Mitigated Negative Declaration for the project in the San Bernardino Sun newspaper, mailed copies to all property owners within 660 feet of the project site. Staff also completed a Notice of Completion and distributed copies of the Initial Study to the State Clearinghouse (SCH# 2023110375). A thirty (30) day public comment period for the Mitigated Negative Declaration began on November 15, 2023 and ended on December 14, 2023. Two (2) comment letters were received during the public comment period:
1. Rialto Unified School District, November 27, 2023, addressing air quality, traffic, and safe routes to schools
2. Department of Toxic Substances Control, December 14, 2023, addressing the potential for hazardous material exposure during demolition and soil sampling
The comment letters and responses to the comment letters are included in the Initial Study.
Traffic
Ganddini Group, Inc. prepared a Traffic Impact Analysis (TIA), dated October 23, 2023, to assess the project's potential impacts to local streets and intersections (Exhibit K). The TIA estimates that the project will generate up to approximately 715 daily vehicle trips with 44 trips in the AM peak hour and 83 trips in the PM peak hour.
The TIA analyzed the following four (4) intersections in the project vicinity:
1. Lilac Avenue/Bloomington Avenue/Randall Avenue
2. Lilac Avenue/Project Driveway
3. Randall Avenue/Project Driveway
4. Randall Avenue/Willow Avenue
The TIA concluded that the project would generate an insignificant amount of traffic and the four (4) study intersections would operate at acceptable Level of Service (LOS) C or better. The study intersections do not require any improvements to maintain an acceptable LOS, and therefore the project will not be responsible for the payment of "fair-share" fees.
Noise
MD Acoustics, LLC prepared a Noise Impact Study, dated December 14, 2022, to assess the project's potential impacts from noise generated on the project site during operations (Exhibit L). First, the Noise Impact Study analyzed existing noise levels at three (3) locations along the boundary of the project site and adjacent to the neighboring residential uses. According to Table 3 (Short-Term Noise Measurement Data) of the Noise Impact Study existing noise levels were found to range from 58 dBA to 66 dBA. The Noise Impact Study then analyzed the noise levels that would emanate from the project site to the nearest sensitive receptors with the incorporation of the perimeter walls. According to Table 4 (Worst-Case Predicted Operational Noise Levels) of the Noise Impact Study, noise generated from the site would range from 37 dBA to 41 dBA at the nearest sensitive receptors. The predicted noise levels generated by the site at the nearest sensitive receptors will be less than the existing noise levels, and therefore the project will not increase noise levels at surrounding properties.
GENERAL PLAN CONSISTENCY:
The applicant requests the approval of a General Plan Amendment to change the land use designation of the project site to Community Commercial for the project to achieve consistency with the General Plan. Furthermore, the project is consistent with the following goals of the Land Use Element of the Rialto General Plan:
Goal 2-16: Improve the architectural and design quality of development in Rialto.
Goal 3-1: Strengthen and diversify the economic base and employment opportunities, and maintain a positive business climate.
PREVIOUS PLANNING COMMISSION ACTION:
The project was presented to the Planning Commission at a regularly scheduled meeting on March 20, 2024. The Planning Commission opened the public hearing and discussed the proposed project. The Chair of the Commission asked if there were any commenters wishing to speak on the item, of which there were none. Subsequently, the Planning Commission closed the public hearing and voted 5-0 (with 2 vacancies) to adopt the Resolutions recommending that the City Council approve the project. Copies of the Planning Commission Resolutions are attached as Exhibit M.
LEGAL REVIEW:
The City Attorney has reviewed and approved the staff report, Resolutions, and Ordinance.
FINANCIAL IMPACT:
Operating Budget Impact
Development of 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. 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, and development impact fees to the City.
Business License
Prior to any construction, the applicant will submit a contractors list to the Business License Division, and each contractor listed will obtain a business license. Subsequently, the owner and tenant(s) will need to obtain separate business licenses for the leasing and use of the buildings.