For the Planning Commission Meeting of November 5, 2025
TO: Honorable Chairman and Planning Commissioners
APPROVAL: Christina Taylor, Community Development Director
FROM: Daniel Casey, Principal Planner
Title
Specific Plan Amendment No. 2024-0005: A request to change the specific plan land use designation of approximately 20.8 acres of land (APN’s: 0264-211-15 & -20; 0264-212-44, -46, & -54; Portions of 0264-212-17 & -45) from a mix of Public Park within the Renaissance Specific Plan and Employment with a Designated Park Overlay within the Renaissance Specific Plan to Business Center within the Renaissance Specific Plan, change the specific plan land use designation of approximately 10.3 acres of land (APN’s: 0264-212-12 & -30; Portions of 0264-212-05, -06, -17, & -45) from School within the Renaissance Specific Plan to General Commercial with a Residential Overlay within the Renaissance Specific Plan, and reconfigure Miro Way to extend from Linden Avenue to Ayala Drive.
Environmental Assessment Review No. 2024-0025: A Subsequent Environmental Impact Report to the 2016 Renaissance Specific Plan Amendment Subsequent Environmental Impact Report has been prepared for consideration in conjunction with Specific Plan Amendment No. 2024-0005, in accordance with the California Environmental Quality Act (CEQA).
First Amendment to the Development Agreement between the City of Rialto and Lewis-Hillwood Rialto Company, LLC: Consideration of a first amendment to the Development Agreement between the City of Rialto and Lewis-Hillwood Rialto Company, LLC to delete and replace references and provisions related to “Public Park”.
Body
APPLICANT:
City of Rialto/Successor Agency to the Redevelopment Agency of the City of Rialto
and
Lewis-Hillwood Rialto Company, LLC, 1156 N. Mountain Avenue, Upland, CA 91786.
LOCATION:
The project site consists of portions of eleven (11) parcels of land (APN’s: 0264-211-15, & -20; 0264-212-12, -17, -30, -44, -45, -46, & -54; Portions of APN’s: 0264-212-05 & -06) located between Linden Avenue and Ayala Drive approximately 415 feet north of Baseline Road (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 |
|
North |
Specific Plan with a Specific Plan Overlay |
|
East |
Specific Plan with a Specific Plan Overlay |
|
South |
Specific Plan with a Specific Plan Overlay |
|
West |
Specific Plan with a Specific Plan Overlay |
Surrounding Zoning
|
Location |
Zoning |
|
Site |
Renaissance Specific Plan |
|
North |
Renaissance Specific Plan |
|
East |
Renaissance Specific Plan |
|
South |
Renaissance Specific Plan |
|
West |
Renaissance Specific Plan |
Site Characteristics
The project site is an asymmetrical-shaped area of land totaling approximately 33 acres in size. The project site is bound on the east by Ayala Drive and on the west by Linden Avenue. The property is entirely vacant and covered by natural grasses and shrubs.
Furthermore, the project site comprises the entirety of Planning Area 123, Planning Area 126, and Planning Area 133 of the Renaissance Specific Plan. The acreage and current Renaissance Specific Plan land use designation of each Planning Area is as follows:
|
Planning Area |
Acreage |
Renaissance SP Land Use Designation |
|
Planning Area 123 |
13.0 |
School |
|
Planning Area 126 |
16.6 |
Public Park |
|
Planning Area 133 |
3.4 |
Employment with a Public Park Overlay |
Property Ownership
The current ownership of each parcel that makes up the project site is as follows:
|
APN’s |
Property Owner |
|
0264-211-15 |
City of Rialto |
|
0264-211-20 |
Lewis-Hillwood Rialto Company LLC |
|
0264-212-05 |
Redevelopment Agency City of Rialto |
|
0264-212-06 |
Redevelopment Agency City of Rialto |
|
0264-212-12 |
Redevelopment Agency City of Rialto |
|
0264-212-17 |
Redevelopment Agency City of Rialto |
|
0264-212-30 |
Redevelopment Agency City of Rialto |
|
0264-212-44 |
Redevelopment Agency City of Rialto |
|
0264-212-45 |
Redevelopment Agency City of Rialto |
|
0264-212-46 |
Redevelopment Agency City of Rialto |
|
0264-212-54 |
Redevelopment Agency City of Rialto |
Purchase and Sale Agreement
On March 26, 2024, the City Council/Successor Agency approved a Purchase and Sale Agreement, in cooperation with Lewis-Hillwood Rialto Company LLC, to facilitate the sale of five (5) parcels of land (APN’s: 0264-211-15 & -20; 0264-212-44, -46, & -54) and portions of two (2) parcels of land (APN’s: 0264-212-17 & -45) to Newland Real Estate Equities LLC (“Newland”). The land to be sold to Newland encompasses the entirety of Planning Area 126 and Planning Area 133. As part of the Purchase and Sale Agreement, the City of Rialto and Lewis-Hillwood Rialto Company LLC (“LHR”) agreed to complete the following prior to finalizing the land sale transaction:
• An Amendment to the Renaissance Specific Plan to reconfigure Miro Way to extend from Linden Avenue to Ayala Drive and change the land use designations of Planning Area 123, Planning Area 126, and Planning Area 133 to Business Center (BC), thereby eliminating the park and school site designations (“Specific Plan Amendment”); and
• An Amendment to the Development Agreement between the City of Rialto and Lewis-Hillwood Rialto Company, LLC to eliminate provisions related to City construction of a public park on Planning Area 126 and Planning Area 133 (“DA Amendment”); and
• All necessary California Environmental Quality Act (CEQA) approvals related to the Specific Plan Amendment and DA Amendment.
ANALYSIS/DISCUSSION:
Specific Plan Amendment No. 2024-0005
The City of Rialto and LHR engaged Kimley-Horn & Associates to prepare an amended version of the Renaissance Specific Plan (Exhibit B), in accordance with the executed Purchase and Sale Agreement. The amended Renaissance Specific Plan includes the following components:
• Change the land use designation of Planning Area 123 from School to General Commercial with a Residential Overlay with a maximum development potential of 112,167 square feet of commercial uses, 164 dwelling units, or a combination thereof; and
• Change the land use designation of Planning Area 126 from Public Park to Business Center with a maximum development potential of 378,972 square feet of industrial uses; and
• Change the land use designation of Planning Area 133 from Employment with a Public Park Overlay to Business Center with a maximum development potential of 74,052 square feet industrial uses; and
• Reconfigure Miro Way to extend from Linden Avenue on the west to Ayala Drive on the east; and
• Various textual and graphical amendments related to the changes listed above.
An amended land use map for the Renaissance Specific Plan (Figure 2-2 (Land Use Diagram)) that incorporates the changes mentioned above is shown below:
The area within the blue boundary on the amended land use map consists of Planning Area 123, Planning Area 126, Planning Area 133, and the new Miro Way street segment. As shown on the amended land use map, the land use designation of Planning Area 123 will be changed to General Commercial with a Residential Overlay (red with diagonal lines) and the land use designation of Planning Area 126 and Planning Area 133 will be amended to Business Center (pink). None of the new industrial-natured Business Center areas will be adjacent to any existing or proposed residential uses. The new Miro Way street segment will ensure that any future industrial developments on Planning Area 126 or Planning Area 133 are separated from any future residential developments to the north.
Regarding the proposed Miro Way street segment, the right-of-way was previously dedicated to the City, and the public storm drain and sewer infrastructure was installed within the right-of-way in 2016. Furthermore, the City installed a connection at the intersection of Ayala Drive and the proposed Miro Way street segment as part of the 2017 Ayala Widening Project. As a result, the incorporation of the proposed Miro Way street segment is a logical amendment to the Renaissance Specific Plan.
First Amendment to the Development Agreement
On December 13, 2016, the City Council approved a Development Agreement between the City of Rialto and LHR for properties within the Renaissance Specific Plan (Exhibit C). The Development Agreement includes provisions for the public park originally proposed on Planning Area 126 and Planning Area 133. In conjunction with the Specific Plan Amendment and in accordance with the executed Purchase and Sale Agreement, a First Amendment to the Development Agreement has been prepared for the purpose of eliminating provisions related to the public park. Specifically, the First Amendment (Exhibit D) includes the following changes:
• Removal of the definition of “Public Park” in Section 1 (DEFINITIONS) of the Development Agreement
• Modification of Section 5.3.1 (Payments to City) of the Development Agreement removing language requiring the City to utilize $17,300,000 in fees collected from LHR and/or Renaissance home builders for the acquisition of land and construction of improvements with respect to the public park. Instead, the City will be able to utilize the fees for any lawful purpose, including, but not limited to, the construction of other new parks in the City or the upgrading of existing parks in the City.
• Deletion of Section 8 (DEDICATIONS AND CONVEYANCES OF PROPERTY INTERESTS) of the Development Agreement in its entirety and replacement with “INTENTIONALLY DELETED”. Section 8 details the boundary, characteristics, and cost of the land and public park improvements, and Section 8 is no longer needed with the removal of the public park from the Specific Plan.
• Removal of all references to “Public Park” throughout the Development Agreement.
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. Amending land use designations of properties within a Specific Plan, as proposed by the project, does not present any inconsistencies with the General Plan.
Additionally, the project is consistent with the following goals and policies of the Economic Development Element of the Rialto General Plan:
Goal 3-1: Strengthen and diversify the economic base and employment opportunities, and maintain a positive business climate.
Policy 3-1.4: Encourage the consolidation of smaller lots of industrial and commercial areas to attract larger industrial businesses or commercial projects.
ENVIRONMENTAL IMPACT:
California Environmental Quality Act
The Project involves amending the Renaissance Specific Plan to modify the land use designations of three (3) Planning Areas and add a new roadway segment. These actions involve substantial changes to the previously approved Renaissance Specific Plan and additionally involve the potential for new significant environmental effects that were not identified in the last environmental document prepared for the Renaissance Specific Plan, which is the 2016 Renaissance Specific Plan Amendment Subsequent Environmental Impact Report (2016 SEIR). Therefore, the Planning Division determined the preparation of a Subsequent Environmental Impact Report (SEIR) to be the appropriate method to achieve compliance with the California Environmental Quality Act (CEQA).
The City and LHR engaged Kimley-Horn & Associates, Inc. to prepare the SEIR (Environmental Assessment Review No. 2024-0025) for the project in accordance with the requirements of the California Environmental Quality Act (CEQA). In addition to the proposed land use designation changes and the new roadway segment, the SEIR also analyzed the future development of two (2) industrial warehouse buildings ranging from 53,640 square feet to 375,075 square feet on Planning Area 133 and Planning Area 126, respectively. A Notice of Preparation (NOP) was distributed to the State Clearinghouse, as well as agencies, organizations, and persons considered likely to be interested in the project and the potential impacts. The NOP comment period occurred from July 8, 2024 to August 7, 2024. Three (3) comment letters were received during this comment period. The commenters included the South Coast Air Quality Management District, the Native American Heritage Commission, and the State of California Department of Justice. Each of the comment letters received were subsequently addressed in the preparation of the Draft Subsequent Environmental Impact Report (DSEIR). The completed DSEIR concluded that the project would create a new unavoidable significant impact to Greenhouse Gas Emissions that was not previously identified in the 2016 SEIR.
A Notice of Availability (NOA) and the DSEIR was distributed and circulated for public review from March 21, 2025 to May 5, 2025. Three (3) comment letters were received during the comment period. The commenters included Caltrans, the California Department of Fish & Wildlife, and the Center for Community Action and Environmental Justice. Kimley-Horn & Associates, Inc. prepared responses to comments received. The responses to comments and the final Mitigation Monitoring & Reporting Program (MMRP) were input into the Final Subsequent Environmental Impact Report (FSEIR). The DSEIR and FSEIR are attached to the agenda report (Exhibits E & F).
Greenhouse Gas Emissions
As indicated by Table 3 (Project Greenhouse Gas Emissions) of the Greenhouse Gas Assessment prepared by Kimley Horn and Associates, Inc. for the project, the project will potentially generate Greenhouse Gas (GHG) emissions up to approximately 7,039 MTCO2e/yr (Metric Tons of Carbon Dioxide Equivalent Per Year). The threshold set by SCAQMD for all new development projects is 3,000 MTCO2e/yr. The project GHG emissions will exceed the threshold established by SCAQMD.
Up to 55% of the project’s GHG emissions will be generated by mobile sources (vehicle traffic). There are no feasible mitigation measures that can substantively or materially reduce the project’s mobile source GHG emissions below the SCAQMD established threshold under current industry conditions. As such, the impact of the project’s GHG emissions is considered significant and unavoidable, resulting in the need to prepare a SEIR for the project.
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 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 the Planning Commission:
1. Adopt the attached Resolution (Exhibit G) forwarding to the City Council a recommendation to certify the Final Subsequent Environmental Impact Report (Environmental Assessment Review No. 2024-0025) prepared for the project; and
2. Adopt the attached Resolution (Exhibit H) forwarding to the City Council a recommendation to approve Specific Plan Amendment No. 2024-0005, subject to the findings therein; and
3. Adopt the attached Resolution (Exhibit I) forwarding to the City Council a recommendation to adopt an Ordinance approving the First Amendment to the Development Agreement between the City of Rialto and Lewis-Hillwood Rialto Company, LLC.